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HomeMy WebLinkAbout05/15/1984 1 MEMO TO: Mayor and Council FROM: John K. Anderson, City Admin. RE : Non-Agenda Informational Items DATE : May 9, 1984 11 The Legislature , in the 1984 Session , changed the deadline for completing joint powers agreements to establish Water Management Organizations (WMO) from July 1 , 1984 to July 1 , 1985 . This change comes at an excellent time for Shakopee because our Engineering Department is busy with the racetrack. 21 The City has received two bad checks within the last 6 months from Bill Chard in payment for the Eastview Development Agree- ment assessment . The City Attorney is following up with the appropriate legal action. The Finance Department will not take anymore of Mr. Chard' s checks unless they are certified or in a money order or cashier ' s check form. 31 The City will soon be starting its Spring clean-up. City Police Officers and the Building Inspector will issue "Tab Charges" right away rather than proceed with endless warnings . "Tab Charges" paid in a timely fashion will result in the re- moval of the charge . City Staff will provide the necessary publicity at the start of the program, but is asking for strong Council support for those problem areas which tend to be people with excessive storage of vehicles and vehicle parts . Staff feels that the junk car problem is worse this year and could get out-of-hand, therefore , we would like to know if Council has any concerns about our taking a stronger line in enforcing the junk car ordinance this year. Please contact me if you have a problem with our plan for the Spring clean-up. 41 According to both Rod Krass and Bob Pulscher, we can combine similar improvement projects as 429 projects qualifying for the 20% assessment requirement . Bo is working; on finding a possible project to coordinate with the Eaglewood project . 51 The watermain relocation project for the Huber Park Trail restroom adjacent to the Community Service Building has been completed without problems . 61 Gladys Brooks was selected as the Met Council ' s First Citizen of the Year on April 30, 1984. This means we were unsuccessful in our efforts to have Scott County Commissioner, Bill Koniarski , selected as the First Citizen of the Year . 71 The color weather radar was placed in operation as of May 3rd. All cable drops to all customers are now suppose to be buried. Please call Judith if you know of any drops that are not buried . This message regarding drop has been put on the cable according to Mr . Abbott . Non-Agenda Informational Items Page 2 May 9 , 1984 81 Non-Department Head City Hall Employees several month ' s ago discussed the possibility of having a mini_ Goals and Objec- tives session in which they could participate . After dis- cussing it at a Staff Meeting, we have scheduled an afternoon meeting for Monday, May 21 , 1984 to allow City Hall Employees to participate in a mini Goals and Objectives session . The session will be held at Capones and I will, be the Facilitator with part-time employees and Department Heads covering City Hall that afternoon. 91 Attached is a memo from Judith Cox regarding Community Access Corporation appointments . 101 Attached is a memo from Jack Coller providing a status report on several items he is dealing with . Please note that in response to Item No . l, City Staff is proceeding with the Rubber Industries petition as a low priority item. Also note that in response to Item No . 2 (A) Jack does not recommend forcing the sale at this time because legal time would cost more than we are attempting to collect . 11 ] Attached is an exerpt from the League magazine regarding court decisions affecting Cities . Please read it carefully, I am also circulating it among all Department Heads . 121 Attached is Judi Simac ' s letter to Vern Anderson addressing his concerns regarding the A. I .D. home on Naumkeag Street . 13 ) Attached is a Public Notice required by the State indicating the State is issuing a permit to Minnesota Racetrack, Inc . to dump storm water into the Dean' s Lake outlet . 141 Attached is a memo I sent to all Department Heads regarding the selection of a Computer Coordinator for the new networked Sterns Computers . 151 Attached is the Building Activity Report for the month ending April 30, 1984. 161 Attached are the minutes of the Shakopee Public Utility Commission meeting of April 2 , 1984. 171 Attached are the minutes of the Planning Commission meeting of April 5 , 1984. 181 Attached are the minutes of the Board of Adjustments and Appeals meeting of April 5 , 1984. 19 ) In the suspense file for May we had a note to check employee compliance with the County' s requirements that employees York ��l-sLL�c� . izmn said employees are not in compiEance ; '�n�uweL ;Zi0E-iee-is we 'snduia rdcndck atter June -15 when construc- tion ends and employees can use the parking lot and the western doors to the courthouse . Non-Agenda Information Items Page 3 May 9, 1984 201 Attached is a letter from Mr. Nyquist updating the progress on getting Timber Trails moving. 211 Attached is a copy of the letter Bo sent to John and Melba Nelson acknowledging their payment of the lateral charge for the VIP Sanitary Sewer Interceptor. 221 Attached are the April 26 , 1984 Planning Commission minutes . 9 MEMO TO: Gary Morke , Dennis Roske , Robert Ziegler, Jim Abbott , Bill Harrison, Barbara Hegfors , and Corrine McDonald Judith S . Cox, City Clerk RE: Community Access Corporation DATE: April 4, 1984 On February 7th Council set the terms for the Board of Directors of the Community Access Corporation as follows : 3-Year Term - Gary Morke , Dennis Roske and Robert Ziegler. 2-Year Term - Jim Abbott and Bill Harrison. I-Year Term - Barbara Hegfors and Corrine McDonald . When the Articles of Incorporation were filed with the State , they erroneously indicated that the term for all original members was set at one year. Therefore , it will be necessary for Council to reappoint Mr. Morke , Mr. Roske , Mr. Ziegler, Mr. Abbott and Mr. Harrison in December to coincide with the original terms set. Ms . Hegfors and Ms . McDonald ' s terms expire after one year and the Access Corporation will make recommendations to the Council in December for filing the two positions . If you have any questions , please give me a call . JSC/bn cJULIus A.GOLLER, II JULIUS A.COLLER ATTORNEY AT LAti 612-445-1244 1659-1940 2 1 1 WEST F IRS T AVENUE SHAKOPEE, MINNESOTA 553ZO R May 3, 1984 s 1984 Memo to: John K. Anderson, City Administrator From: Julius A. Coller•, II, City Attorney In re: 1.Rubber Industry Easement 2. Status on Developer's Agreement and park dedication suits Wiggins and Halo 3. Status of Viking Steel road litigation Date: May 3, 1984 1. Status. of. Rubber Industry easements and road petition In checking with Mr. Hatch, Presidant of Rubber Industries, he advises me that they now have an easement to use a private portion of the driveway extending from Cavanaugh Drive South of the railroad tracks, but that he is still vitally interested in securing an alternate public road into or past his premises for additional access and egress especially in times of emergency and his consideration in this respect is greatly heightened by the location of the racetrack because of the increase in the flow of traffic along 101. In other words the road petition is still urgent as far as Rubber Industries is concerned. 2. Status of Developer's Agreement and park dedication suits. A._ wi gffjns✓ TIC,-hP a*�.ad; hz;­wd" of*sq� #v tV n 6 cst, -k. against Wiggins. Papers served, no answer or appearance made by Wiggin. Default judgment entered and judgment was docketed on February 10, 1984. Execution has been issued and returned unsatisfied. In other words, no personal property could be located, but there is a judgment against any real estate nwnacL h:I W?%cO_ns_ ReaLt3 Tyr-. 1-n. qcs_-d r<sumt-.I , Tdh Oh. Rs, T•IP 'tnr1R ,:f_and R, --.fjJ? -Lot L, -t81ock`1, Wiggins -1st 'Addition. A judgment for -�GUO plus `$15U attorney's fees or a total of $750.00. Should the City want to force sale of the property please advise and we can take the necessary steps. B. City of Shakopee vs Halo Development Inc. , Burmahi Inc. , Halo Investments and Shakopee Countryside Recreation Center Associates - Negotiations in this matter also proved fruitless. Suit was instituted, necessary papers served on all parties, answers have been filed disputing the claim, Note of Issue placing the matter on calendar for trial was served and filed December 2, 1983. This should be on the next series of Civil cases. 3. City of Shakopee vs Ray Peterson and Viking Steel Products INc. - Negotiations in this matter also prove fruitless. Suit was instituted as directed by the Council. Answers denying the City's claim have been filed. Note of Issue has been served placing this matter on trial for the next round of Civil cases. Respectfully submitted, Fightin ��t hall speech; the right to freedom from illegal searches and siezures; contract -VOl mss; W,3,pertg rights, the rights of freedom of religion and freedom of in federal court association; the right to privacy; the right to travel; the rights to fair and equal treatment in housing, education, and employment; the rights of equal by Frank J. Kundrat, Jr. protection under the law and due pro- cess of law; the right to vote; and many What do all of the following situations have in common? others. Not only can a person sue a munici- • In C-.gjiforrva, a man was observed to be driving in an erratic fashion. pality for alleged constitutional viola- The police stopped him and found him to be acting intoxicated. The man tions under Section 1983, but also for claimed he was suffering from a disease and protested being charged with violations of federal statutes such as driving under the influence and disorderly conduct. It turned out that he depriving someone of welfare benefits, was suffering from the disease and was not drunk. housing assistance, and so forth. Peo- • In Ohio, a trailer park owner decided to sell his aging property to a ple can bring suit under Section 1983 deve o-Tper;wTio planned to build a large discount store on the site. The against any municipal official: mayor, park residents complained to their councilman, who persuaded the council city manager, councilman, or any city to prevent the new owners from building the store. employee. • In Texas, a large city invited bids for a cable television system from City officials can be sued in both compem—�`g companies. However, the city had divided its area into two their official capacity and as private separate sections, and declared that a company awarded a franchise to individuals. The difference is that when operate in one section of the city could not operate in the other. an official is sued in his or her official capacity as a representative or agent of In all of the situations above, the States Code covering civil rights and the city, if the Court awards damages, d,,is�runtled party on the receivin—g-e-nd antitrust law. usually the funds will come out of the of the city s actions — the mistakenly city treasury or insurance coverage. If arrested man, the developer, and the C1V11 rights an official is sued in his or her individual cable TV company —sued the city, its Under Section 1 of the Civil Rights capacity, the Court can assess damages officials, and its a ees in federal _ Act of 1871 (42 U.S. C., Section 1983), against personal property, bank court, and all thr a won, amages_ in the a person may sue a municipality for accounts, real estate, and so forth. Any millions of dollars. substantial money damages for a vane- attempt by a city to pay for such `rieceFt years, an exglasion of ty of alleged wrongs, This was not the damages out of the city treasury might lawsuits against municipalities has aris- case when Section 1983 took effect in be challenged as an improper public en, with people and companies claiming the 19th Century, but resulted from a expenditure. that cities have wrongly exercised their 1978 U.S. Supreme Court ruling. City officials sued under Section powers against them and have caused Cases under Section 1983 usually 1983 can use the defense of "good them damages. These cases usually fall involve the deprivation of a Constitu- faith." That is, if officials can show that under the provisions of the United tional right, such as the right of free they took the actions because they VEILIAOH FOILID GAILY MIL RES.: 612-753-3523 389-2312 - EHLERS AND ASSOC, INC. INDEPENDENT FINANCIAL SPECIALISTS Long-term capital financing and acquisition FORD TANK&PAINTING CO- INC. of funds for municipalities. 21719 CEDAR DRIVE 507 Marquette Avenue,Minneapolis,Minnesota 55402 CEDAR,MN 55011 Telephone:(612)339-8291 OVER 40 YEARS EXPERIENCE STEEL ERECTION a SANDBLASTING AND PAINTING CONTRACT WELDING■GENERAL MAINTENANCE FREEZE-UPS @ EMERGENCY SERVICE■FROST JACKETS March 1984 13 rights action, as the Court reasoned pay their attorney's fees due to a law City Hall(cont.) t3 at-- hV�JS4x able is '1)� Ubf- fss�a�� T,���Psl �fl�?Y� �?�� %V-. reasonably believed they were acting damages resulting from the violation of That law permits people that are properly and -without malice, they the U.S. Constitution or laws, even if awarded damages in civil rights cases would not be liable for damages. How- the wrongdoing was not intentional. (even one dollar is enough) to recover ever, if they act with an improper The case that the Supreme Court ruled all of their attorneys' fees from the ------�ltlti�t� Lt�ch�¢at��banting.��b�rV:P..131,I5i��.i2R?.�,"�`PYPy�,EIY.f u*1u'2'``�l�''�f..�„�rr�„�,rti•., letition merely because they don't like police chief for allegedly mishandling 1 he landowner, or for personal gain or confiscated property, without giving 4mtitl uSt law t some other improper reason, they the chief a hearing to clear his name or vould be liable and no good faith to appeal the termination. The Court Another source of liability for a city A lefense would be available. Further- found that the city deprived the police is the federal antitrust laws. Until about C nore, if the Court finds that city offi- chief of his property rights in his job four years ago, municipalities had little r rials knew or reasonably should have without due process of law, a violation cause to concern themselves with the C ;nown that their acts would violate of the Constitution. The chief eventu- antitrust statutes, which Congress first l iomeone's Constitutional rights, they ally received an award of thousands of passed in 1890 and are commonly s nay be personally liable for damages. dollars in back pay and damages. known as the Sherman Antitrust Act r Jnfortunately, cities do not enjoy any As you can see, there are real incen- (15 U.S. C., Section 1, et seq.). The I ;ood faith immunity from a lawsuit tives for people to sue your city in Sherman Act essentially prohibits unfair € ender Section 1983. In 1980, the U.S. federal court. Not only do they have a business competition, such as conspir- 1 iupreme Court ruled that cities should chance to win large amounts in dam- ing to form a monopoly, squeezing out lot have this type of defense to a civil ages, but they may not even have to competitors through unfair actions, and r price fixing. The Court can assess a person or a company found to be in League of Minnesota cities of three times the amount of damages Lei s l a t i ve B u l l e t i n another party sued for. g In 1978, the Supreme Court said The 1984 Legislative Bulletin will come out weekly during the session to give you that local governments were subject to complete and up-to-date information on issues before the legislature that relate to the Sherman Act, and that (lri that city government. The information will include bill introductions, summaries of action, action alerts, highlights of the week, and where particular case) a competing power to get information about legislative matters. Bulletin readers liked the new format and readability company could sue a city that owned of the 1983 Bulletin, so LMC will continue with the an electric utility for alleged anticom- same in 19,x4. petitive conduct. The questioned city Because the 1984 session will be shorter than the '83 session, the 1984 Bulletin will cost you action was that the city would provide less. City managers, administrators, or clerks of member cities will receive a electric power to customers only if they y4 complimentary copy of the Bulletin also bought gas from the municipal each week, as will legislative contacts ana coordinators. Other city officials utlllty. can subscribe for $15 for the session. `%W,-erer7ot'es can i4usuribe for y25 7he —Supreme Court repeate6 that for the session. To order your r- Bulletin, fill out the form fln6ing In 1982, on the city o£Boulder, below today. Colorado's ordinance calling for a mor- The first 1984 Bulletin Arum l:mlw�ntr expansion of caare will come out after the television services in the city. The first week of session, which begins March 6. Court said the cable TV company Could �I challenge the ordinance under the Sherman Act. The actions of cities in Lack issue of the League of Minnesota cities LEGISLATIVE BULLETIN water, RObage collection, and others, contains the following sections. as well as awarding bids, are subject to Highlights Week in Review Summary of Major Bills suit unde2'tl?e.. .,1t�'T3� ,Q??t7tYlrct Qct. presents major items in that edition reports on recent legislative actions contains a brief analysis of recently of the Bulletin requiring every and the progress of major bills.Re- introduced legislation of importance reader's careful attention_Subjects quests for immediate action are to cities.Major amendments to such that require immediate action are in- detailed here. legislation will be reported in the dicated in this section. Week in Review as they areluded I How.to stav out of court _. r 'n the progress of such billss during the legislativesessidn. __ ___ ______ _ _ __ __ __ __ ____ Thousands of cases are currently 1984 LEGISLATIVE BULLETIN ORDER FORM pencTirig In the federal courts against Name Payment enclosed: Cities 'un—Mr—the— federal civil rights-and anti ust laws., Thft_problorn.for,cities Title —$15 is owing larger by the day, and every Abbress . I — I Citg_nee z.t4 take suck caf etcr��Trtis City/State/Zip and_whethor.its,_officials are exposing Return to: Rose Minke, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN themselves to such a lawsuit. 55101 14 Minnesota Cities City,_Offi en ask how to avoid a lawsuit than after the deed is done suits for civil rights anda--- pct viola- and an attorney must help resolve the CABLE TELEVISION tion-Vo city can entirely avoid them, mess. but each cant a stens o m e sure Although this article Herbst & Thue, Ltd. that if sued. i wR he P t-ahls_ Trre"nt a grim p>c ure for cities, their officials, Attorneys at Law good defense. and their employees, you probably For example, in one city an individual have little to fear from a e ec—r —court Practicing in the areas sued the police for allegedly violating lawsuit if you take reasons e precau- of cable television: his Constitutional dofs, of tbf fin*.%k,;,, ,nmmj-�wl����i ��firr�yotn police conducted Franchising manner in which the P c1t�� takes, from assing an ordinance ine-investigation oT the crimes for or resolution to the han mg of`a tesi- • Renegotiation which he was convicted, the murder of _dent's complaint is done with the • Rate Reviews a young mother and the attempted proper intentions and motivations, and • Litigation murder of her chilli. TbE o3m w�&% serving life in prison, but had his day in the law. ■ -- Contact: federal District Court. The case went Adrian E. Herbst to the Court of Appeals, and finally the Frank Kundrat is an attorney with 2030 Northwestern Financial Center Hall, Byers, Hanson, Steil& Weinber- 7900 Xerxes Avenue south U.S. Supreme Court. ger, P.A., a St. Cloud law firm. Bloomington,MN 55431 The city wnn tha race h___ P the (612)835-2434 police had taken all reasonable precau- tions in con uctingtheir investigation, such_as obtaining search warrants. There were some technicalities involved with the wording of the search warrants, but the federal courts found tnat they tni] int amount a matter CAL TESTING causing the plaintiff any damages.,The police acted in good faith in obtaining the searc warrants an rarr;;ng them FOR out and were, therefore, shielded from liabiJihv,aurl r�amasgs��utis��f4cas�arirJu ri_ hg is laws. Each municipal official should take an HAZARDOUS WASTE inventory of the official customs, po = cies, and practices of is hor or city. W at is the city's policy with regard to minoritv and female_employees? Has Including PCB's In the city reviewed police procedures and practices lately? Do any members * Transformer Oil of t ie'Fe cou`nc -Heave a potential conflict * Water of interest situation over a pending re ues z mn s t e cit com- * Waste Water plying with the competitive bid tng * Sludges laws in awarding contracts? The list is as long as your imagination can run. About the soundest ans est piece For More Information Contact of advice for city officials > to notify and consult with the city attorney w never doubt arises concerning the EM MINNESOTA VALLEY pronnety of a— city c on. own t-be shy TESTING LABORATORY, INC. about calling your city attorney with questions. They would rather hear from municipal clients before the city takes action, so there is time to analyze 326 Center St. New Ulm, MN 56073 and examine the situation for potential violations of the civil rights and anti- trust laws, than after the action when In Minnesota Call Toll Free: the damage is done. For those cities 1.800.7$1-3557 without a full-time city attorney, it will Outstate Call Collect probably cost you far less in legal fees 507-354.8517 to consult your city attorney before you take an action that might result in March 1984 15 13 Permit No: MN OL55310 METROr CLi PUBLIC NOTICE REFERIiAL Ate 6lEl for the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) AND STATE DISPOSAL SYSTEM (SDS) PERMIT PROGRAM (Section 402, Federal Water Pollution Control Act, as amended, Minnesota Statutes Chapters 115 and 116, as amended, and 6 MCAR §§ 4.4001 - 4.4021 and 4.4101 - 4.4111) Draft NPDES and SDS Permit to Construct Wastewater Treatment Facilities and/or to Discharge into Waters of the State Permits Section Division of Water Quality Minnesota Pollution Control Agency 1935 West County Road B2 Roseville, Minnesota 55113 Public Notice No: H H 1- 137 5 Name and Address of Applicant: Public Notice Issued On: APR 2 4 1584 Name and Location of Facility: Mr. Bruce Malkerson Minnesota Racetrack, Inc. Minnesota Racetrack, Inc. Project Manager Shakopee, Minnesota Pagham, Vaik, Schnobrich, Kaufman & Doty, Ltd. 4344 IDS Center Minneapolis, Minnesota 55402 Receiving Water: Dean's Lake outlet and also to the unsaturated zone of one land application site as described in the permit NOTICE: The above named applicant has applied for an NPDES Permit to construct wastewater treatment facilities and/or to discharge into the designated receiving water. The permit will be issued by the Minnesota Qoii,stion Control Aqe-nc3 for e term o{ ap�roxi.^atel3 5 years. May 14, 1984 MINNESO TA RACING COMMISSION 312 (ventral Avenue, Suite #400 Minneapolis, Minnesota 55414 (612) 341-755 The Honorable Eldon A. Reinke Mayor of the City of Shakopee Shakopee City -Hall 129 East 1st Avenue Shakopee, Minnesota 55379 Re: Dear Mayor Reinke: Received 5/15/84 by Betty Nikolai REQ.: MAY 15 '1984 UT"i" C Subscribed and swof�o befor m!',is day o , 7ARY PUBLIC MINNESO: SCOTT COUNTY MY ComTussion Expires Oct It, I. Enclosed for your consideration is a copy of the Class "A" license issued to Minnesota Racetrack on April 9, 1984. Please be advised that Minn. Stat. § 240.17, subd. 1 (Supp.1983) provides: An issuance of a class A license for a location in a city is not effective until it has been approved by a majority vote of the city council. Failure to act on a license within 30 days of its referral to a city council by the [racing] commission constitutes approval. Accordingly, once the Shakopee City Council has approved the enclosed license please notify me in writing. Thank you. Sincerely, RICHARD G. EVANS Project Administrator RGE:mp cc: john Anderson, Shakopee City Administrator Bruce Malkerson, Minnesota Racetrack Limited Partnership MINNESOTA RACING COMMISSION 312 Central Aivnue, Suite #400 Minneapolis, Miinte.suta 55414 l612j 341-7555 CLASS A LICENSE FOR MINNESOTA RACETRACK LIMITED PARTNERSHIP AND MINNESOTA RACETRACK, INC. Pursuant to Minnesota Statutes 1983, Section 240.06, and after full proceedings of the Minnesota Racing Commission in accor- dance with Minnesota Statutes, Chapter 240 and rules relating thereto, the Minnesota Racing Commission finds that the issuance of this Class A license to Minnesota Racetrack Limited Partnership and Minnesota Racetrack, Inc. (hereinafter "Licensee"): A. Will not adversely affect the public health, welfare, and safety; B. That the racetrack will be operated in accordance with all applicable laws and rules; C. That the license will not create a competitive situation that will adversely affect racing and the public interest; D. That the Licensee is financially able to own and operate a licensed racetrack; E. That the award of the license is in accordance with all Minnesota Racing Commission rules and selection criteria; and F. That the_Lir�ns.e�+ fee of $10,000 as provided in Minnesota Statutes 1983, Section 240.10 and Minnesota Rules, Part 7870.0420. The Minnesota Racing Commission hereby grants to Licensee the one Class A license for the ownership and operation of the racetrack with horse racing on which pari-mutuel betting will be conducted in the seven -county metropolitan area, subject to the covenants and conditions set forth below: 1. The Licensee or the Responsible Governmental Unit, as determined by the provisions of Minnesota Statutes, Chapter 116D and rules promulgated thereunder, shall (a) complete in a timely manner all environmental review documents required by the afore- mentioned statute and rules and (b) cause to be obtained as soon as practicable all required land use, environmental, construction or other permits necessary to commence and complete construction of the racing facility. .Aw. eas /6 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on April 2, 1984 at 4:30 P.M. in the Utilities meeting room. Commissioner Bishop offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Cook and Kirchmeier. Also Manager Van Hout and Secretary Menden. Superintendent Leaveck was absent. Motion by Cook, seconded by Kirchmeier that the minutes of the March 15, 1984 adjourned regular meeting be approved as kept. Motion carried. A communication from the Community Services dated March 19, 1984 regarding the Shakopee Public Utilities Commission participating in the Shakopee showcase night was acknowledged. A second communication from the Community Services regarding moving the light standards from Riverside Park to Tahpah Park was discussed. Motion by Cook, seconded by Kirchmeier to recommend to the Community Service Director to keep us appraised of any action being taken on the moving of the standards. Motion carried. RTT.T_C DVATI. airy or 5naxopee A T and T Information Systems American National Standards Bills Toqgery Capesius Agency City of Shakopee City of Shakopee City of Shakopee Copy Equipment, Inc. Julius A. Coller, II Dicks Service Graybar Krass, Meyer, Kanning and Walsten Leef Bros., Inc. Lathrop Paint Supply Co. Metro Sales, Inc. R.E. Mooney and Associates, Inc. McGraw Hill Publication 1 Northstar water Works Northern States Power Co. Northern States Power Co. Northern States Power Co. Northland Electric Supply Ring Fire Extinguisher Co. Schiltz Ornamental Iron Scott County Sheriff's Office Serco 20,032.00 82.99 100.00 78.30 2,632.00 33.10 1,004.77 25,674.55 8.25 33.50 4.50 1,290.56 28.72 33.95 8.00 e,2�: i-4 249.51 59.98 13.00 814.89 189,237.45 1,025.95 293.26 400.84 58.00 44.00 350.60 64.00 Servco 9.50 cl;alFnstpa Cc�cl�CpS ���Q� Sa-caianfei--- -inhlhi-c ' i3t i i i'ti i 2 t511iili i� S ii31 i }i i i: i Southwest Suburban Publishing 125.88 Shakopee Ok Hardware 31.35 St-&Tks "Ll .31Q Suel Business Equipment 466.70 Taylor Rental 77.56 Total Tool 390.72 'le Engineering `rriang �ghouse Electric Supply Co. 249.75 Westir. Industrial Propane 11.41 Valle .n Hout 57.03 Lou Va ;lectric Supply Co. 116.40 Voss E [otion by Kirchmeier, seconded by Cook that the bills be allowed and ordered N rith the exception of Triangle Engineering. Motion carried. paid H iiscussion on Resolution #i'1i5; ti Mr. Dean Colligan was present for the ircel of Land. Resolution Authorizing Water Service to a Pz to authorize Resolution #275. Ayes: Nayes: none. Resolution passed. was discussed. The designation of Lstinguished by Manager Van Hout. 3e the Council of their preference ,.e staTj&&Kd Tpth.-_xd Q; tb? strhdivision to offer Resolution #273 A Resolution «,��s=per �..�'oc�issionPxs_Hioo. Kirchmeier. Motion carried. offer Resolution #274 A Resolution ions and Watermain Design Criteria. er. Nayes: none. Resolution passed. and two representatives from Triangle !ost reductions for water pumping > accept the report from Triangle for the study done. Motion carried. iakopee Public Utilities Commission staff ind to be kept appraised of the cost .ssion. innesota Municipal Utilities Association Motion by Cook, seconded by Kirchmeier Commissioners Bishop, Cook and Kirchmeier. Motion carried. Street lighting for the Prahm-Coll plat street lighting and security lighting was d: The consensus of the Commission was to advi: to 'nave Vne street 1i9'nt-IM-9 Yarn&� u WuR;�z 0 section of the City code. Motion by Cook, seconded by Kirchmeier and Cook. Nayes: n'ane. ResQlutian passed. Motion by Kirchmeier, seconded by Cook tc to Adopt Watermain and Service Line Specificat Ayes: Commissioners Bishop, Cook and Kirchmei Motion carried. Art Young, Senior Water Systems operator Engineering arrived. The report from Triangle Engineering on c energy was given. A discussion followed. Motion by Kirchmeier, seconded by Cook tc Engineering and approve payment for $6,500.00 The Commission requested a report from SY on the implementation of the recommendations savings to the Shakopee Public Utilities Comm: Commissioner Cook gave a report on the legislative roundup. /C Manager Van Hout presented the Commission with a cost comparison on rates. A report on projected revenues and projected costs for the racetrack were given by Manager Van Hout. Additional line will have to be built and a new substation bau tia ii t!'e$.^4j"uii2u ftvn. States 12'VWe2 Cil. neier to direct the Manager to contact isibility of acquiring an additional bay and Line. Motion carried. neier to accept the audit from Jerome Jaspers 1hJ-"-f 37L, er Co. regarding a tour of the Prairie Island st from Cletus Link regarding a lift station operty along County Road 15.. to see if tilities Commission was needed. He also 2ommittee. 1984. are four fire calls for March for a total of for March. nneier that the meeting be adjourned. Motion hakopee Public Utilities Commission will be arbara Menden, Secretary Motion by Cook, seconded by Kirchr Northern States Power Co. about the fez progress with construction of another Motion by Cook, seconded by Kirchr wvA Co. Ot ki4'L iiSC?x� `j��iaS 2'iCui7fy nifoi^c' A letter from Northern States Pow, Nuclear Plant was acknowledged. Liaison Wampach brought up a reque that would be needed to develop the pr, any involvement from Shakopee Public U gave an update on the downtown Ad Hoc 1 There were no new plats for March Secretary Menden reported there 5 hours and 35 minutes. There were no lost time accidents Motion by Cook, seconded by Kirchr carried. The next regular meeting of the on May 7, 1984 at 4:30 P.M. /' PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 5, 1984 Chrm. Perusich called the meeting to order at 8:19 p.m., with Comm. Koehnen, Stoltzman, Rockne and Schmitt present. Comm. Czaja arrived later, and Comm. Coller was absent. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Vierling. Koehnen/Schmitt moved to approve the minutes of February 9, 1984, with a nota- tion that the attorney's position has been received on the question raised. Motion carried unanimously. Schmitt/Stoltzman moved to approve the minutes of March 8, 1984 as kept. Motion carried unanimously. PUBLIC HEARING - CARLSON CONDITIONAL USE PERMIT REQUEST Schmitt/Stoltzman moved to open the public hearing regarding the request for a conditional use permit to construct an 8' fence 10' west of a building to secure storage, with a roof over the fenced in area at 810 E. First Avenue. Motion carried unanimously. The City Planner explained that there are three separate issues involved in this request: 1) conditional use permit for the chain link fence; 2) if roofed, it could be considered an accessory use or supply yard; and 3) the roof would be an encroachment into the setback by 2 feet, which would require a variance. She said the issue is further confused by the side of the store being considered the front. Bernie Carlson, the applicant, said the side where he wants the fence is con- sidered the front. He proposes to not go out any further with the fence than the existing sidewalk. He said this would be to provide a secure, dry storage area, and he felt a roof would be more appealing than barbed wire at the top of the fence. He feels there would be security problems if the storage area was at the back of the building. He said the owner of Shakopee Shops has approved the idea, He said the loading dock for deliveries is at the door farther south, zo this proposal should not affect deliveries. Discussion ensued regardi ng interpreting the side where the fence is proposed to Vt-, 'U'rre ui 1 rrt, 't f2-L$i'Ii�CaS Cala-11UL,'`dre rl'i' bu, a5 1i,'Ire ifullerl-&-LZ'iTZI !L -S Zie'd7ig `011e. front entrance. Comm. Schmitt suggested signing the area to have traffic stop before entering Minnesota Street. Discussion continued regarding using the street line rather than the property line for existing buildings. The City Planner asked about an interpretation that this is not a corner lot, because of the gas station that is in front of it, even though its address is First A -venue. Comm. Schmitt said it would be his interpretation that the setback has already been dealt with with the existing sidewalk and canopy. Consensus was it is not a corner lot. Comm. Schmitt said that since there is existing canopy over the sidewalk in front, and a slab and canopy at the side door, the variance has already been established and all this would propose to do is connect the canopies. The City Admr. pointed out a residence could do the same thing by joining two porches and avoiding a variance request. Discussion followed. The City Planner pointed out language in the code regarding terraces, balconies, etc. which can extend to within 5 feet of the property line. It was determined this should be dealt with only as a Shakopee Planning Commission April 5, 1984 Page 2 conditional use permit, as the roof is already established, and at the time the building was built the sideyard setback was smaller. Chrm. Perusich asked if there was anyone in the audience who wished to comment, and there was no response. Schmitt/Koehnen moved to close the public hearing. Motion carried unanimously. Schmitt/Stoltzman offered Conditional Use Permit No. 361, allowing the construc- tion of an 8' fence 10' west of the building at 810 E. First Avenue, with an attached roof, with the following conditions: 1. The fence be made to restrict sight into the storage area by the use of metal slats or some other barrier. 2. The area along -side the building where the fence is proposed be designated a loading and unloading zone and parking be eliminated. 3. A stop sign be installed at the exit of the shopping center leading to Minnesota Street, to recognize that safety hazard. Motion carried unanimously. Chrm. Perusich informed the applicant of the 7 day appeal period. Schmitt/Stoltzman moved to temporarily recess this meeting to go back to the Board of Adjustments and Appeals meeting. Motion carried unanimously. Meeting recessed at 8:53 p.m. Schmitt/Stoltzman moved to re -open the Planning Commission meeting at 9:21 p.m. Motion carried unanimously. INFORMATIONAL ITEMS The City Planner informed the Commissioners of an application for a lot split, which she anticipates should be taken care of next month. Schmitt/Stoltzman moved to accept the staff approval of the annual review of Conditional Use Permit No. 271 (amended), for the operation of a nursery school facility in a R-2 zone for Maureen Streblow. Motion carried unanimously. Schmitt/Stoltzman moved to accept the annual review of Conditional Use Permit No. 270 (Renewal), Gary Shehan, and direct staff to monitor when the six month iii �Z'U3i � t3iilt*21 YerAya expo zrbl a m -& IL, 4 v'31i i5c2 i , f�PJ4 M - �Z cua -& +moi& Nrjvzm�b-vi Planning Commission meeting). Motion carried unanimously. Chrm. Perusich requested staff to send a copy of the current information on the PCI property to Mr. Peterson._ of Pioneer Seed Co. The City Planner said staff has identified several problems in regard to the possible use of the abandoned train depot as a residence. She said these in- clude safety concerns relative to the closeness of the tracks, parking space, downtown development concerns, possible conditional use permit needed for a historical residence, FHA and VA restrictions and the high cost to meet the energy requirements of the code. Shakopee Planning Commission April 5, 1984 Pa ge 3 f7 Mr. Barry Coulter indicated he is still interested in the depot. He stated his first interest is to have it preserved, and his secondary interest would be to live in it. He said he had no idea the costs that would be involved to meet the energy code. But it is his belief the building will be preserved in some fashion. His research found the railroad may sell the building for a very Tfr"3rial cost If L1: La Yrar -1 nm ` T-VzaY iii iiS 'iLzs,-U_eLc TrEser- vatio n. He said under the best of circumstances the financing would be beyond his capabilities for a private residence. He is still interested in some type of business use. Comm. Schmitt suggested asking the Chamber if they would have any interest in using the depot for their headquarters, either where it is or have it moved. Discussion continued on this possibility. Comm. Czaja arrived and took his seat at 9;41 p.m. The City Admr. suggested staff could meet with Mr. Coulter and the Chamber to further explore this possibility. CzajaAoehnen moved to approve April 26, 1984 at 7;30 p.m. as the date for public hearings for Ordinance amendments regarding the flood plain and shoreland ordinance. Motion carried unanimously. The City Planner gave the Commissioners an update on City Council action re- garding the Preliminary Plat of Fox Run wherein they gave approval of the plat for two lots, subject to conditions. The City Admr. further explained Council's position regarding long cul-de-sacs and the definition of temporary as regards cul-de-sacs. He said the City has numerous north -south streets running into an- other jurisdiction, where it is not known when the streets will be continued. He believes the City needs to go through a process to determine by what criteria "temporary" is measured as it relates to dead-end streets. It is his intent to have staff research this item and bring it back for consideration. There was some discussion about the length of the street as it relates to fire and police protection. The City Admr. commented that in rural areas fires are fought with tank trucks, and use wells, so there is no relation to fire hydrants. Mr. Corrigan gave some background on the reason they platted the area in this way, and said they are now looking for some direction for the plat. He said he p 1 f thpj� ge. AL-- �zke 1 L jf�s- ae3-J- to go through this whole lengthly, costly process to have the plat rejected because of the length of a cul-de-sac. It is his belief the plat should not have been accepted in the first place when the cul-de-sac was planned to be more than 1000 feet long. He said they should have withdrawn the plat prior to the vote, because now they have conditions placed on it based on the 11 lots that are not feasible for two lots. He said they could plat flag lots, but he believes that is poor planning. Considerable discussion ensued. Consensus was that the Planning Commission and City Council should have a joint discussion of this item. Cncl. Colligan, developer for Prahm-Coll, asked for a clarification of the term "patrolmen" as it refers to security people for the ballroom. Discussion followed. Schmitt/Czaja moved to interpret the term "patrolmen" as someone whose primary responsibility is security, as it pertains the the Frahm -Coll ballroom. Motion carried unanimously. Shakopee Planning Commission April 5, 1984 Pa ge 4 OTHER BUSINESS Comm. Schmitt said he was re cently at the Santa Anita racetrack in California, and it is his belief ttot there should be a joint meeting between the Planning Commission, City Council, ICC, Chamber and Scottland to take a look at over- all land planning and development of the area immediately surrounding the race- track. It would be his hope to look at design standards and determine if the zoning ordinance needs any adjustments, and if so, to undertake them now before developers start making requests. The area could be defined as a PUD. The idea of a moratorium on developments was discussed. The City Admr. said staff would research under what conditions the Comp Plan would have to be brought back to Met Council. Schmitt/Stoltzman moved to set a meeting for April 26, 1984 at 7:00 p.m. as a joint meeting with City Council, ICC, Chamber and Scottland to discuss land use possibilities for the area adjacent to the racetrack. The agenda would be set up to deal with the Shoreline Ordinance, Fox Run plat issues and then the race- track development. Motion carried unanimously. The City Admr. suggested Commissioners make more comments as to the reasons for their votes, especially if they are negative votes. He said this is done by most bodies and is helpful to the audience and applicants. Consensus was favorable. Chrm. Perusich read a Certificate of Appreciation to John Schmitt for his ser- vice as Chairman of Planning Commission. Comm. Czaja said he is working on getting some type of dam construction for Dean's Lake. He would like to petition the Prior Lake/Spring Lake Watershed District. It was suggested tie present a motion for Planning Commission vote. Schmitt/Stoltzman moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:03 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 5, 1984 Chrm. Perusich called the meeting to order at 7:45 p.m. with Comm. Stoltzman, Koehnen and Rockne present. Comm. Schmitt arrived later, and Comm. Coller and Czaja were absent. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Vierling. Stoltzman/Koehnen moved to approve the minutes of March 8, 1984 as kept. Motion carried unanimously. PUBLIC HEARING - KLEIN VARIANCE REQUEST (CONT.) Koehnen/Stoltzman moved to remove from the table the request by William J. Klein for a 20 foot variance from rear yard setback requirements to construct a single family dwelling on Lot 1, Block 1, Horizon Heights 3rd Addition. Motion carried unanimously. The City Planner went over the considerations and stated staff recommended ap- proval of the variance. Mr. Klein said the house is designed to be passive solar and it cannot be moved any further on the lot and still be effective. He added the rear lot setback is the minimum that is needed to keep the front out of the drainage easement. Chrm. Perusich asked if anyone from the audience wished to comment, and there was no response. Comm. Koehnen said the minutes from the October, 1976 meeting relative to this plat included a condition of a pedestrian underpass to connect the two parks. Mr. Klein replied that there is a constructed underpass, although it is not on his property. Rockne/Stoltzman moved to close the public hearing. Motion carried unanimously. Rockne/Stoltzman offered Variance Resolution No. 359, allowing for a variance from the rear yard setback requirement of 40 feet to 20 feet, and moved its adoption. Motion carried unanimously. Chrm. Perusich informed the applicant about the 7 day appeal period. PUBLIC HEARING - BEIREIS VARIANCE REQUEST Stoltzman/Koehnen moved to open the public hearing regarding the request for a variance to construct an addition to an existing detached garage nearer the front lot line than the principal building on the lot at 1789 CR89. Motion carried unanimously. Comm. Schmitt arrived and took his seat at 7:56 p.m. The City Planner said the applicant is Stanley Beireis, and read over the consi- derations for the variance. She said it is staff's recommendation that the variance be approved. Shakopee BOAR April 5, 1984 Page 2 Chrm. Perusich asked if there was anyone in the audience who wished to comment on this request. Verlin Hanson said he owns the property adjacent the applicant's, and he is con- cerned about what he is going to use the addition for. He said if it is just a garage to house his antique cars, he is not concerned; but if he is going to expand his motorcycle business, he would not like that. Mr. Beireis said he just wants some interior storage space for some old cars and motorcycles. He said he fixes them up as a hobby. Schmitt/Rockne moved to close the public hearing. Motion carried unanimously. Schmitt/Stoltzman offered Variance Resolution No. 360, allowing for the construc- tion of an addition to a detached garage 8 feet near to the front line than the principal building on the lot, and moved its adoption. There was brief discussion about a hobby vs. home occupation. It was suggested that staff give the applicant a copy of the definition of home occupation. Motion carried unanimously. Schmitt/Rockne moved to direct staff to make a copy of the home occupation de- finition from the City Code and send it to applicant. Motion carried unanimously. Chrm. Perusich informed the applicant of the 7 day appeal period. PUBLIC HEARING - OTTERBLAD APPEAL The City Planner said the applicant was not present, and the interpreter the City provided for his benefit was present. Stoltzman/Rockne moved to open the public hearing regarding the appeal to the City Admr.'s decision that Reed Otterblad must obtain a Conditional Use Permit to maintain a commercial dog kennel at 9186 Boiling Springs Lane. Motion carried unanimously. The City Planner went over the background, considerations and appeal language. Schmitt/Koehnen moved to continue this public hearing until 8:45 p.m., to allow further time for the applicant to appear, and to take further action at that time. Motion carried unanimously. OTHER BUSINESS The City Planner said she had received an inquiry from the person who operates Valley Truck Repair relative to putting up a free-standing sign. When he was in- formed of the height limitation, he said all the businesses near him have signs higher than 15 feet. She said MGM and Case are both 20 feet high. She asked if there was any background on why these signs exceeded the height limitation. Consensus of the Commission was that they are very concerned about having all signs meet the maximum height limitation, and they didn't understand how these errors could be made. SchmittAoehnen moved to direct staff to look into the signs that exceed the height limitation, and determine what can be done to bring them into compliance. Motion carried unanimously. Shakopee BOAA April 5, 1984 Page 3 Schmitt/Stoltzman moved to adjourn until 8;45 p.m. Motion carried unanimously. Meeting adjourned at 8:18 p.m. Chrm. Perusich called the meeting back to order at 8:53 p.m. Schmitt/Rockne moved to continue the public hearing on the Otterblad appeal regarding the dog kennel. Motion carried unanimously. Chrm. Perusich asked for comments from the audience regarding this matter. John Hissink, 9401 Boiling Springs Road, said he has some letters from others, and he wants a clarification. He said it is their understanding that Mr. Otterblad wants to operate a kennel. He said he disagrees with the idea of the dogs run- ning around the streets. He said his children complain about the dogs. The City Planner explained that this hearing is not to allow or disallow a dog kennel, but only to recommend that if the appellant, Mr. Otterblad, wishes to keep all his dogs, he has to apply for a conditional use permit to maintain a commercial dog kennel. At the time of the public hearing for the conditional use permit, conditions can be attached to the permit such as the number of dogs allowed and restraining them. Chrm. Perusich added that because of the number of dogs involved, by definition Mr. Otterblad already has a kennel, although it is not legitimate. The permit is the City's control of the situation, which establishes legal recourse to deal with any problems. Mr. Hissink said he doesn't like the dos running, but it would be too expensive to require him to fence in the entire 22 acres. The City Planner said there would be a public hearing to determine what cazditions, if any, would be placed on the kennel. She explained the public notice required for that. Marvin Boss, 9269 Boiling Springs Lane, asked how long it would take to reduce the number of dogs. The City Admr. replied that at this point the matter has gone through the administrative procedure, and if nothing changes, it would go to Court. He pointed out that Mr. Otterblad is apparently violating another ordinance, by letting the dogs run free. He suggested the neighbors notifying the animal war- den if there are key times the dogs are let free. He emphasized the dogs have to be reported as loose in order to get the animal warden to patrol for them. Discussion ensued regarding the advisability of continuing this hearing to give Mr. Otterblad another chance to respond. The City Planner said the City made good faith efforts to have this hearing, including arranging for an interpreter. The City Admr. suggested notifying Mr. Otterblad by letter of this hearing and asking for his response within a certain number of days, after which the matter would be turned over to the City Attorney. Richard Fedelston, 1703 Boiling Springs Lane, said he lives directly across the street from Mr. Otterblad. He said in the past 4 years he has talked to the City Attorney about the dogs, and filed a complaint. After he did this, his wife was run off the road by Mr. Otterblad, who also wrote a note threatening to shoot him. And the dogs continue to run loose and cause damage. He said they tore his snow- mobile to bits. Schmitt/Stoltzman moved to close the hearing. Motion carried unanimously. April 5, 1984 Page 4 Schmitt/Koehnen moved to direct staff to notify Mr. Otterblad that the Board of Adjustments and Appeals has found that staff has fairly and justly enforced the ordinance, and that he should show cause as to if there were extenuating circum- stances preventing him from appearing at this hearing. And Mr. Otterblad is notified that he is found not in compliance and he should either make application for a dog kennel or reduce the number of dogs on his property. He should further be notified that he has 5 days to indicate his cause. This letter should be sent registered mail, return receipt requested. Motion carried unanimously. Schmitt/Rockne moved to enter into the record the two letters written by Howard and Kloko Larson, 8785 Boiling Springs Lane East and Raymond and Lilly J. Koehnen, 8917 Boiling Springs Lane. Motion carried unanimously. Schmitt/Stoltzman moved to close the meeting. Motion carried unanimously. Meet- ing adjourned at 9:20 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary IN i DEAN A. NYQUIST ATTORNEY AT LAW BROOKLYN LAW CENTER 5637 BROOKLYN BOULEVARD BROOKLYN CENTER, MINNESOTA 5542911,71 N� r TELEPHONE (A/C 612) 533-7272 " May 5, 1984 Mayor Reinke Shakopee City Offices 129 First Avenue East Shakopee, MN 55379 Dear Mayor Reinke: MAY 9 1984 CITY 0 fw > ; F:T I just want to bring you up to date on the progress which we are making in getting Timber Trails moving. We have retained OMNI Realty who has developed a marketing plan and from initial indications I believe that they are going to be able to move the remaining lots. We have applied to the County Board for repurchase of a portion of the lots at this time under the statutory repayment program. As we move those lots, we will make application for the balance of the lots. Our appreciation for your patience and willingness to work with us. Sincerely, {; s `Dean A. Nyquist DAN/ lb cc: Shakopee City Manager Scott County Board CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 May 10, 1984 Mr. John & Melba Nelson 4043 Hauer Trail Shakopee, MN 55379 Dear Mr. & Mrs. Nelson: This letter is to acknowledge receipt of $3149.57 to satisfy an agreement dated January 31, 1983, which provides for pay- ment of the lateral charge for the VIP Sanitary Sewer Inter- ceptor. This agreement was recorded as Document 191046 in the office of the County Recorder of Scott County, Minnesota. The City of Shakopee will take action to remove these binding provisions from the title of this property. Should you have any questions regarding this matter, please do not hesitate to call. HRS:cah Veyq truly yours, 4H.R. S die City En ineer The Ili tl r of Pro q ress An Equal Opportunity Employer V'7//011 PROCEEDINGS OF THE PLANNING COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA APRIL 26, 1984 Chrm. Perusich called the meeting to order at 7;09 p.m. with Comm. Czaja, Coller and Koehnen present. Comm. Schmitt and Rockne arrived later, and Comm. Stoltzman was absent. Also present were Judi Simac, City Planner; John K. Anderson, City Admr.; Jeanne Andre, Community Develop. Dir; H. R. Spurrier, City Engineer and Cncl. Vierling. Mayor Reinke, Cncl. Colli gan, Cncl. Leroux, Cncl. Wampach and ICC Chairman Jim O'Neill were present for the discussion on city-wide development as a result of the racetrack decision. PUBLIC HEARING - FLOOD PLAIN C,aja/Coller moved to open the public hearing in consideration of a proposed amendment to the zoning map to bring the flood plain district in compliance with the HUD National Flood Insurance Program. Motion ca rA ed unanimously. The City Engineer said that when the first maps were prepared from the Comp Plan, it was discovered those maps were inconsistent with the code. They are also inconsistent with State and Federal laws. He said the recommendation is to alter the zoning map so it reflects the flood plain boundary required by State and Federal law. He stated the most important reason to do that is to protect the City's ability to get flood insurance with subsidization. He pointed out on the map the flood plain and flood fringe areas. He said alterations must be approved by the State DNR and Federal Emergency Management Agency. Comm. Schmitt arrived and took his seat at 7;18 p.m. The City Engineer reported they were just informed that Valleyfair is still in the floodplain, even though the site has been diked. He said there should have been a map amendment to remove Valleyfair from the floodplain, because it com- plied with all the requirements for diking. He said a petition for removal will be coming back to the Planning Commission in the future for Valleyfair. The City Engineer said the floodplain maps were available in 1978, but apparently were not used by the City. Comm. Koehnen asked if everything else in the City is in confo mance. The City Engineer responded that other areas that are out of conformance are so small, they are difficult to see on the zoning map. He said there are no floodplain areas mapped around any of the lakes. He said Dean's Lake would not need it now that the natural ordinary high water mark is established. There was discussion about handling the exception of Valleyfair in this hearing, but the City Engineer replied that application has to be made to DNR and they have to approve it before the City can make a map amendment. Comm. Czaja asked if you can put fill in the floodplain. The City Engineer said it is possible, but it takes a map amendment. Chrm. Perusich asked if there was anyone in the audience who wished to address this item, and there was no re sponse. Coller/Czaja moved to close the public hearing. Motion carried unanimously. Shakopee Planning Commission April 26, 1984 Page 2 Coller/Schmitt moved to recommend to City Council that Section 11.21 Zoning Map of the City Code be amended to bring the Flood Plain District into compliance with the Floodplain as designated in the official HUD National Flood Insurance Program. Motion carried with Comm. Schmitt abstaining due to his partial participation. PUBLIC HEARING - SHORELAND The City Planner states the Minnesota DNR has notified the City that it has one year to bring our ordinance regarding shoreland into compliance with the Minn. State Statute. She said the City Attorney has reviewed the ordinance and given approval, but the DNR has not completed its reviewal. Because other sections must also be amended, she recommends continuing this public hearing, after receiving comments, to May 10, 1984. Coller/Czaja moved to open the public hearing regarding an amendment to the Shoreland Ordinance. Motion carried unanimously. The City Planner went through the ordinance, pointing out and explaining where changes were made. Comm. Schmitt asked if the shoreland was compared to areas where it overlapped floodplain areas. The City Planner said the DNR told her the shoreland ord.inanca would be restrictive enough to meet the floodplain re- quirements. In any case, the most restrictive ordinance would rule. Comm. Schmitt requested a simple paragraph to be inserted making reference to the floodplain ordinance. Comm. Schmitt asked if the lot width listed should be minimum, and asked how height of dwelling is measured. The City Engineer said the Code contained lan- guage for measuring the dwelling height. Comm. Schmitt asked if the City has instituted any procedure for dealing with non -conforming sanitary facilities that are found to be a public nuisance. The City Engineer said he doesn't know of anywhere that inspects these facilities routinely, and if any were creating a problem, they would have to be inspected by the County Health Inspector. Comm. Schmitt suggested incorporating some pro- cedure for identification of septic systems and notifying the public of their need for compliance. The City Admr. suggested talking to Al Frechette and sub- mitting a staff memo on dealing with the item at the next meeting. Comm. Schmitt asked if the plats within the shore land have been identified and pulled to be submitted. The City Planner said they are identified, but not pulled. Chrm. Perusich asked if anyone in the audience wished to comment on the shore - land ordinance, and there was no response. Coller/Czaja moved to continue the public hearing to May 10, 1954. Motion carried unanimously. DISCUSSION - CITY-WIDE DEVELOPMENT PURSUANT TO RACETRACK DECISION Comm. Schmitt said he requested this joint meeting to encourage people to think with an open mind about opportunities for development in the land adjacent to the racetrack. He thinks there is a great opportunity to create a tourist en- vironment in the area. He suggested having a parkway planted with buffers south on Hwy. 101 in front of the railroad tracks, creating development zones by using incentives and design criteria and industrial revenue bond financing. He said ultimately we want to control the development a little and be proud of what we Shakopee Planninz, r1rm.,11ission April 26, 1984 Page 3 are getting, instead of just reacting and taking what is offered. He thinks the key is to be creative and think big. Chrm. Perusich asked what City Hall is hearing, relative to development. The City Planner said they are getting all sorts of calls, but most are for motels and hotels; restaurants, primarily fast food types and along Hwy. 101; residen- tial properties, as far as what is left to plat; stable facilities, regarding horse breeding and density restrictions and also an inquiry about a tourist building that would have several restaurants and shops in one complex. Bruce Malkerson, representing Minnesota Racetrack, Inc., said they have looked at other racetracks across the U.S. to determine what impact they have on the community. They have also reviewed extensively the Santa Anita area, from the beginning and incrementally through the years. He said their first concern is to have a very beautiful facility, and they hope that same aesthetic environment will exist around the racetrack.. He thinks that screening, buffering and park- ways is very essential. He added they beiieve that the zoning generally in the area is good, with possibly some need for adjustments based upon developments that come in; in particular the area to the west of the track that is R4. He thinks that could be commercial or light industrial. Comm. Schmitt asked if the racetrack and Scottland had discussed design standards for properties. Mr. Malkerson replied there has been some discussion, but nothing has been refined, as they have been quite busy with permits, financing, etc., since the decision was made for the site. He thinks the moratorium is a very good idea. He added that Met Council contacted many tracks throughout the U.S. regarding spin-off development, and they expect about is acres of spin-off development of mostly restaurants, hotels, gas stations and other businesses that provide goods and services to the tourists, along with some spin-off in the re sidential area. They found that major businesses such as horse training areas or large veterinarian complexes do not necessarily develop around the track. He thinks there is a definite creative possibility for a hotel recreational com- plex to attract people year around. Comm. Schmitt pointed out that because of the existence of Valleyfair, we are adding a tourist attraction to one that already exists. He said there might be other tourist attractions that would like to capitalize on the traffic flow that already exists. He would advise not developing it too fast so there is no room for other commercial development, because tax dollars come from commercial first. Continued discussion touched on the possibility of a convention hall, auditorium, another facility to share the parking lot of the racetrack, off- season movies at the IMax and simulcast wagering in off-season races. Comm. Coller said it is natural to include the river along with this development. John Shardlow said he is the planning advisor hired by the racetrack. He said this is an opportunity to think about trying to guide zoning, whereas tradi- tional zoning exists just to prevent problems. He told of Burnsville's success- ful efforts to create a development district, which created a more enhanced development for everyone. He said his firm is the consultant for many metro cities, and he is willing to provide information relative to alternative ap- proaches the City might take. He stated that development districts is a law on the books, with requirements and criteria available to municipalities. If the City is participating financially, that provides an incentive. He said there would also be available a planned unit district, although he doesn't agree with that philosophy. He said he agrees with design standards as long as the community sets them forth clearly and developers understand them at the outset. He also thinks it is important to involve the business community. Shakopee Planning Commission Xpril 26, 1984 Page 4 Ray Fisk said the moratorium is preventing him from building an indoor riding arena for the Arabians they are raising, which have nothing to do with the racetrack. He thinks the boundary lines for the moratorium are drawn too broad, especially when he hears that only 15 acres are expected to develop as a result of the track. It was clarified that his property, which is zoned AG, is not included in the moratorium. The City Planner said that a previous intern researching found that some of the requirements and definitions relative to horses and riding academies, etc. were too broad. She had tentatively set a meeting for May 24 to deal with this issue. She said this didn't have anything to do with the racetrack when it first came up, but now is a good time to deal with it. Jim O'Neill said he is present tonight both as a developer and as a representa- tive of the ICC. He said he has spoken with Gary Eastlund of Scottland, Inc., about what kind of ancilliary businesses might be developed by the track. He agrees that 15 acres would be quite a bit. He said the first calls he got were just speculative as far as how much land is available and how much is it. The second stage of calls was from people interested in restaurants, manufacturers of horse blankets and a pawn shop. The third stage of calls are for employment, selling hay and buying manure. But basically, he thinks the busineses servicing the people are most prevalent, such as the gas stations, restaurants and motels. Although he said right now it would be hard to decide to put a motel at the pro- posed interchange for the by-pass or on Hwy. 101. He doesn't think this area initially will support more than one major hotel, because there is still no year around business, other than the bingo palace. He discussed development around several other racetracks in the country. He thinks that once physical develop- ments starts and the media gets more involved, there will be more calls but he still thinks there will be the same kind of calls. He said somebody will take advantage of that traffic. Mr. O'Neill said that from an ICC standpoint, they are interested in seeing some kind of a plan for that area. The City has control with the permitted uses of the zoning. He agrees that a PUD is not the answer. He said Burnsville is benefitting greatly because of their development district. He said there is probably about 30 acres of useable land around the by-pass interchange which is controlled with B-1 zoning. He said except on the east side, the majority of the land is under control. The City Admr. pointed out that what we are interested in accomplishing is the collective thinking of all the bodies involved, so when someone comes in for a zoning change, it fits into the over-all zoning scheme. He hopes to look at the entire area now, so there wouldn't be a need for zoning changes later. Jim O'Neill said when the County vacates his building and he gets a prospect for it, he will be in for a zoning change. Cncl. Wampach said he has had some calls on his property since the racetrack decision. He said there is a housing development that is dependent upon financ- ing, and nothing is definite yet. He sees the whole City prospering at some time, but it is still difficult when it is not year around. He does see a need for good planning in the future. Cncl. Colligan said he thinks the moratorium is a good idea. He said when the Planning Commission set up the zones some years ago they were just trying to see what might come into the City. Shakopee Planning Commission .April 26, 1984 Page 5 Cncl. Leroux said he agrees with Cncl. Colligan. But he also thinks the City needs greater expertise during this moratorium to guide us. He is more in- terested in making clear what the City doesn't want, than trying to pinpoint what is going to be there. It is important to leave an opportunity for what we never thought of. Mayor Reinke said this makes a lot of sense. He agrees we need the expertise to work with this to do a quality plan so we don't regret decisions 10-20 years later. He is also interested in hearing from some of the larger landowners relative to re -zoning. Cncl. Vierling said she would like to see something innovative come from all of this, to allow for something we don't know about. She has heard a lot of concern about a loss of the flavor of Shakopee. Clete Link said he agrees that maybe the City should hire a professional plan- ner to work on this. He wonders about the people who farm and want to continue to farm. He said he can go along with controls if they are consistent and show clearly on a map. John Shardlow said there should be a right attitude cooperatively between the City an d developer to try not to restrict creativity. The City A dmr. explained that when the racetrack got its permit, one of the re- quirements of the conditional use permit was that the developer provide pro- fessional planning and make it available to the City, relative to the develop- ment of the City. Unless someone has some objection, the City's approach would be to utilize John Shardlow with the staff, along with anyone else who is in- terested, to start putting ideas on paper. The Comm. Develop Director pointed out that there would be a public hearing before any zoning changes are made. Mr. O'Neill said that Opus II is a good example of cooperative planning between a city and developer, and much of it was dorn with protective covenants. He said he is glad the moratorium isn't any longer than 90 days, because there are people who want to build. He said that one of the goals of the ICC is to develop as much tax base as possible. Cncl. Leroux said he is willing to look at something other than traditional zon- ing districts, such as parkway businesses. He said Edina is an example of many kinds of zoning. Comm. Koehnen asked about incorporating into the new plan the concepts of the former comp plan regarding amount of area for different zones. The City Admr. responded that trade-offs could be made in certain areas and still preserve the same proportions. There is also the possibility of changing proportions because of past history. Discussion followed regarding the City's ability or inability to enforce res- trictive covenants placed by a developer. Comm. Schmitt suggested getting a list of the landownwers affected in this area, possibly from the ICC, and notifying them they might be affected by a change in zoning, and encourage them to contact the City. Chrm. Perusich suggested notifying every landowner in the moratorium area. Schmitt/Czaja moved to direct staff to notify every landowner in the moratorium area that there may be a zoning change, and encourage them to contact the City for more information and to become involved. Motion carried unanimously. Shakopee Planning Commission April 26, 1984 Page 6 Chrm. Perusich asked how the sewer allocation affects the development. The City Engineer replied that this development is using only about 257o' of the allocation the City expected in that area. He didn't think it was necessary to parcel it out at this time. Mr. Shardlow said that Met Council's attitude is extremely cooperative, and he believes now is the time to adjust the allocation line to include the whole interchange area. Czaja/Coller moved for a five minute recess at 9:45 p.m. Motion carried unanimously. Coller/Czaja moved to re -convene at 9:57 P.m. Motion carried unanimously. DISCUSSION - CUL-DE-SAC LENGTH IN SUBDIVISIONS The City Planner went over the memo she had written, wherein a survey of area cities revealed that most have a maximum of 500-600 feet for a cul-de-sac. The City Admr. said the other issue is the definition of temporary. Chrm. Perusich said development is not occurring on the south side of the urban streets adjacent to the township. Cncl. Leroux said the first step is to define a cul-de-sac; is it a temporary street or a street designed to end at a certain place, never to be continued; or a temporary end like on Minnesota Street on 4th, so in the event of a connec- tion with Minnesota on the south, there is a straight line connecting them. He believes if there is not going to be a connection in 10 years, that is not a temporary street, but a cul-de-sac. He agreed that there are some lrn g cul-de- sacs in the City that we have to live with. - Cncl. Leroux said that on the particular plat of Fox Run, where the adjacent property is in green acres and ag preserve, that cul-de-sac would be considered permanent. From Pike Lake Road to Martindale to that cul-de-sac is too long and the City is asking for trouble. He would think if the street will be continued within 5 years it could be considered temporary, but certainly not 10 years. Cncl. Leroux pointed out that in Eaglewood the City required the developer to make a second access to CR17. It is not a good road, but,in the event of a prob- lem an emergency vehicle can get there. On 12th Avenue we could have also gotten emergency vehicles there. Comm. Schmitt said he believes the concern is if the road is blocked off by an accident or other disaster, it would make the area inaccessible. That problem is weighed against the practicality of putting a road somewhere. He said the second access required in Horizon Heights is practically worthless. Comm. Coller said in the past criteria for roads have been school bus access and turning radius, ability to plow the road and the availability of utilities. He said he leans towards the shorter cul-de-sac, leaving some flexibility for terrain. If the developer can demonstrate within good reason the ability to connect in the future, that would be temporary. The City can't control all the elements of adjoining parcels of property. He doesn't believe it is right or fair to limit a developer because the adjacent owner doesn't develop. Cncl. Leroux said if the developer does not have control over where the road is going, then it is not temporary. Therefore, you should force the developer to put through another access. Comm. Coller pointed out that on 12th Ave. there was access by emergency vehicles, but there was not control of the adjacent property. Shakope( Planning Com; ' ^sion April 26, 1984 Page 7 Cncl. Leroux replied that we are concerned with rural roads. In Fox Run, besides the length of the road, it was also partially in another County, so there was no control over access. He feels that if the developer knows up front that he needs to put in dual accesses, he can plan for it. Comm. Schmitt stated that land ownership is changeable, and it makes some par- cels undevelopable. The City wouldn't have any of the subdivisions we now have if the developer had to control the adjoining property. The City Admr. questioned the magic of 500-600 feet in urban areas and 1000 feet in rural. He doesn't think it is the length or the availability of water for fire fighting, but just if a vehicle can get in there. The only difference is the number of houses you can't get to if the road is blocked. Cncl. Leroux said it has to do with the inability of emergency vehicles to get to a residence. Comm. Coller said he is more concerned with the design criteria of the access, rather than the number of accesses. Comm. Rockne arrived and took his seat at 10;35 p.m. Schmitt/Coller moved to direct staff to direct developers to deal with the City ordinance as it stands regarding cul-de-sac length. Chrm. Perusich asked for a clarification of where the road begins, at the access road or at the edge of the development. Cncl. Leroux said it would be his opinion it would be wherever the road begins for access. This was agreed to by Cncl. Vierling, Colligan and Mayor Reinke. Comm. Schmitt said he believes the real key is still the definition of temporary. Discussion followed. The City Admr. said he believes it is an error to get too strict, or development will be cut off. He said he doesn't know one City that was sued because a street was blocked off during a disaster. He asked about drive -ways that come off maximum length cul-de-sacs. Cncl. Leroux said there is an ordinance on the books limiting rural cul-de-sacs at 1000 feet. He is asking that be enforced. He said there is an allowance for a variance, whereby you can look at an individual property, decide it is safe, the topography is such that it can be allowed, etc. and grant exceptions. Motion carried with Comm. Rockne abstaining because he was not present for the entire discussion. COMPREHENSIVE PLAN AMENDMENTS, TRANSPORTATION AND SANITARY SEWER The Comm. Develop. Dir. said that before the racetrack can begin construction, Shakopee's Sanitary Sewer and Transportation Plan has to be amended. She pointed out the area that would change in the Sanitary Sewer Service Plan. Bruce Malkerson said Met Council told him the entire parcel of property should be included in the urban service area, including the interchange for the by-pass, because certain State and Federal funds would then be available to expedite the funding of the interchange. He said if there is any problem with acceptance of the southerly portion, it will be dropped and considered later. Mr. Shardlow recommended including it all, or at least the area of the interchange because Met Council is so receptive to this change at this time. Discussion continued. Shakopee Planning Commission 'April 26, 1984 Page $ Schmitt/Coller moved to direct staff to proceed to amend the boundary of the sanitary sewer service area to coincide with the boundary established in the legal description of the racetrack tax -increment district, and authorize staff to be flexible in terms of deleting area as necessary, based on the recommenda- tions of the Met Council. Motion carried unanimously. The Comm. Develop. Dir. then went over the proposed plan amendment regarding traffic around the racetrack. Comm. Czaja asked about the removal of the stop sign from CR83, to be replaced at CR16. The City Engineer replied that once the anticipated traffic is flow- ing of CR83, after the improvement of CR83, it will be appropriate for CR16 traffic to yield. Comm. Czaja said he thinks then there would be more of a hazard in crossing CR83, especially with increased speeds. He would like to see dual stop signs. The City Engineer compared the intersection to CR42 and CR17, where the traffic from CR42 is turning onto CR17 and the geometrics are worse, and there are no significant accidents. Comm. Schmitt asked about the length of the street from 4th Avenue south on the western edge of the racetrack. The City Engineer responded 1320 feet. Comm. Schmitt said that is too long to be a cul-de-sac in view of the direction just received from City Council. He asked why it is not continued to CR16. The City Engineer responded because of the drainageway it would have to cross. Discussion continued relative to various ways to handle the length. Mr. Malkerson said he would hate to see this amendment go before the Met Council without Planning Commission approval, as it could really cause trouble. He said there are other accesses to the site so there is not problem getting a vehicle to the site. Schmitt/Coller moved to adopt the following Transportation Plan Amendment to the Shakopee Comp Plan: Delete proposed east -west collector from proposed transportation plan for area west of CR83 and East of CR17, as well as a short segment of north -south collector street to CR16, as designated on map 21 of the Shakopee Comprehensive Plan. Add local street designated as the east -west road connecting Valley Park Drive and CR83, as noted in Figure 4.2.2, Proposed Access Improvements. Add a north -south collector street between T.H. 101 and Fourth Avenue on an alignment with a previously planned collector to the south in Section 5, subject to the resolution of the cul-de-sac issue on the residual road on the western end of the racetrack site. Motion carried unanimously. INFORMATIONAL Discussion ensued regarding the determination that the Planning Commission cannot require a stop sign on private property. The City Engineer said that misuse of regulatory signs creates a community disregard for them. Koehnen/Rockne moved to remove Condition No. 3 from CUP No. 361 as approved for the Shakopee OK Hardware. Motion carried with Comm. Schmitt opposed. Coller/Koehnen moved to recommend to City Council that they undertake a study to determine whether that intersection warrants a stop sign. Motion carried unanimously. Discussion took place regarding the petition for construction on Dean's Lake to maintain water level. Comm. Czaja disagrees with the memo because Dean's Lake has nothing to do with the work that has to be done yet on the outflow area. Shakopee Planning; Commission -April 26, 1984 - Page 9 He said the DNR indicated to him it would be within our rights to petition at this time the PLSLWD to put a control structure at the outlet of Dean's Lake to maintain the water level. He would like to personally follow-up with it. Coller/Schmitt moved to accept the petition for construction of a structure to maintain water level of Dean's Lake, and file it until such time as the work has been completed. Motion carried with Comm. Czaja opposed. Comm. Schmitt asked about staff discussions regarding the construction of the new womens reformatory. He said he is expecting a variance request for the 40 foot smokestacks. The Comm. Develop. Dir. explained that the legal opinion is that the local zoning ordinances do not apply to a State facility. She said staff is drafting a resolution wherein the City is requesting the State to hold a public meeting informing the adjoining property owners of their plans. Comm. Schmitt asked about access for supply trucks. The City Engineer said they will be using Hwy. 300. Comm. Schmitt expressed his concern about a right hand turn from Hwy. 300 onto Hwy. 169 north, where a truck would have to block both lanes of traffic. He asked for a copy of the legal opinion. Schmitt/Coller moved to adjourn. Motion carried unanimously. Meeting adjourned at 12:13 a.m. Judy Simac City Planner Diane S. Beuch Recording Secretary TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA MAY 15, 1984 Mayor Reinke presiding 1] Roll Call at 7:00 p.m. 2] Liaison Reports from Councilmembers 37 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 4] Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda.) *57 Approval of the Minutes of April 24, April 27 and May 1, 1984 61 Communications: a] Assoc. of Metropolitan Municipalities re: Nominating Committee Report b] Assoc. of Metropolitan Municipalities re: Annual Meeting c] League of Minn. Cities re: Openings on State Boards and Commissions d] Metropolitan Council re: Regional Transit Board 71 Public Hearings: 7:30 P.M. - Vacation of + 86 feet of Shumway Street lying South of First Avenue 7:40 p.m. - Vacation of Alley South of 10th Avenue between Apgar and Shumway 8] Boards and Commissions: a] Planning Commission: Planning Amendments for Zoning Changes b] Downtown Committee: Termination of Membership 9] Reports from Staff: a] Presentation of Downtown Development Plan b] Taxicab License Code Revision c] Eaglewood Additions - Street Repair 1) Report by Braun Engineering 2) Res. No. 2261 - Ordering Feasibility Report *d] Weinandt Acres 1st Addition - Res. No. 2258, 2259, 2260 e] Eagle Creek Driveways and Breeggemann Road f] Complaint regarding Garage at 503 West 4th Avenue *g] Proposed Mutual Aid Pact for Law Enforcement h] JEJ Project Funding - tabled 5/1/84 i] Sewer Service Refund for J. Wampach - tabled 5/1/84 j] Approval of the Bills in the amount of $21_9,489.20 *k] Sewer Vacuum Inductor 11 Budget Amendment - Government Buildings m] New City Hall Site n] Initiating Condemnation Proceedings for North/South Collector Street for Racetrack - Res. No. 2262 o] Approval of the Indirect Source Permit for the Racetrack p] Pavement Preservation and Rehabilitation Policy - bring memo of 2/14/84 q] Storm Water Drainage Utility - bring memo of 2/14/84 101 Resolutions and Ordinances: *a] Res. No. 2254, Amending Fee Schedule b] Res. No. 2255, Amending Personnel Policy c] Ord. No. 144, Amending Noise Ordinance 111 Other Business a] b] 12] Adjourn to Tue:(Iay, May 22nd at 7:00 p.m. John K. Anderson, City Administrator w � N OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA APRIL 17, 1984 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Colligan, Vierling, Lebens, Wampach and Leroux present. Also present were John K. Anderson, City Admr.; Judith S. Cox, City Clerk and Rod Krass, Asst City Attorney. Liaison reports were presented by Councilmembers. Mayor Reinke asked if there was anyone present in the audience who wished to ad- dress the Council on any item not on the agenda. Vern Anderson, 217 South Naumkeag, said he has some complaints about his neigh- boring residence, 1111 3rd Avenue East, which is a home for developmentally han- dicapped adults. He said there is a lot more traffic at the house than they were led to believe, with 6 to 8 cars there often blocking the street. He said the alloy is anothor problem, and there Is a groat du:;t problutn. IIe a 3ked about the City's policies for dust control. The City Admr. responded relative to the dust control alternatives. Mr. Anderson complained that he feels he cannot be outside his house, as these neighbors are constantly waving and hollaring at him, and he doesn't know how to respond. He said a 6 foot fence is not high enough. He said he also thinks some of the night staff is quite young, and he wondered if the City has checked on the qualifications of the staff. He said the community doesn't mind this residence, but the neighbors don't like them. He also commented on a problem with lights, which is supposedly being worked on, but; 1:3 riot corrected at this time. The City Admr. suggested giving this list of concerns to the City Planner and directing her to personally see the manager in regard to them, and bring a res- ponse back to the complainant and City Council. Colligan/Lebens moved to approve the minutes of April 3, 1984 as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to acknowledge receipt of information relative to the Minnesota Horse Expo '84 to be held April 14-15, 1984. Motion carried unanimously. Lebens/Wampach moved to receive and place on file the letter from the League of Minnesota Cities dated April 2, 1.984 relative to 1984 nominations for LMC Board of Directors. Motion carried unanimously. Vierling/Leroux moved to receive and place on file the letter from the Minnesota Dept. of Economic Security dated April 9, 1984 thanking the City for providing space for their office. Motion carried unanimously. Leroux/Vierling moved to receive and place on file the Action Alert from the League of Minnesota Cities regarding residency requirements, comparable worth and legal notice, and to agree with the position stated by the City Admr. regarding these three issues. Motion carried unanimously. The City Admr. explained that Mr. Chuck Mensing has expressed an interest in pur- chasing the two railroad lots the City owns on 4th Ave. He would like to move the home near his restaurant to those lots, and thus be able to expand his res- taurant. He further added that the City Attorney estimates the City should have clear title to those 2 lots by July. Discussion followed regarding whether or not the City should sell the lots, and if so if there were additional conditions put on the lots regarding type of hous- ing, and whether the sale should be negotiated between this one interested indi- vidual or others or whether it should be sold by bid. Leroux/Colligan moved to notify all realtors and as many prospective developers as is reasonable, that the City is considering the sale of the 2 railroad lots on 4th Ave, and invite offers. Motion carried unanimously. Shakopee City Council April 179 1984 Page 2 Vierli ng/Wampach moved to direct staff to contact our Senator and Representative regarding public pension legislation, and indicate that unless a defined contri- bution program for present employees who elect such coverage and for those newly hired can be implemented as a part of the package, the City opposes any changes in the pension areas until next legislative session, so that more deliberate con- sideration to all factors can be given, and to urge those legislators to reduce the contribution rate to the PERA police and fire fund. Motion carried unanimously. Vierling/Lebens moved that no application be submitted for the 1985 funding cycle LAWCON/LCMR. Motion carried unanimously. Leroux/Lebens moved to open the public hearing regarding the vacation of Fart of drainage and utility easement in Lot 3, Block 1, Scenic Heights First Addition. Motion carried unanimously. Mayor Reinke asked if there were any comments from the audience, and there was no response. Leroux/Colligan moved to close the public hearing. Motion carried unanimously. Vierling/Leroux offered Resolution No. 2244, A Resolution Vacating Part of a Drainage and Utility Easement in Lot 3, Block 1, According to the Plat of Scenic Heights First Addition to the City of Shakopee, Scott County, Minnesota, and moved its adoption. The City Admr. summarized the resolution. Motion carried unanimously. A representative from the Jaycees said he was present for discussion relative to proposed development north of Tahpah Park, in conjunction with sewer and water for Tahpah Park. The City Admr. responded that last week City Council passed a directive to staff to do a study of the 6th Avenue sanitary sewer system, which concerns this area, and which study will probably be complete by next week. He said staff will be present at the Jaycees board meeting Friday night to further discuss the item, and that it would not be discussed further this evening. Colligan/Leroux moved to table the awarding of bids for Tahpah Park sewer and water service, contract no. 84-3. Motion carried unanimously. Leroux/Lebens moved to open the public hearing regarding the vacation of alley easement in Eagle Bluff 2nd Addition between Dakota and Prairie Streets. Motion carried unanimously. Mayor Reinke asked if there was anyone in the audience who wished to speak on this item, and there was no response. Colligan/Vierling moved to close the public hearing. Motion carried unanimously. Lebens/Wampach offered Resolution No. 2243, A Resolution Vacating the Public Alley Easement in Block 3, Eagle Bluff Second Addition to the City of Shakopee, Scott County, Minnesota, and moved its adoption. The City Admr. summarized the resolution. Motion carried unanimously. Colligan/Vierling moved to open the public hearing regarding the application for a taxicab license by Shakopee Cab Company, Inc., 1921 West 115th Avenue. Motion carried unanimously. Tony Notermann, attorney for applicant, said he would request this application be tabled until such time as a new ordinance is drafted regarding taxicab licenses. He said Chief Brownell indicated he is requesting a moratorium on taxicab licen- sing to allow time to address safety items relative to taxicabs. He said the applicant then plans to re -submit an amended application to conform with the ordinance. Mr. Notermann said he felt some of the application was confusing because it was asking for information from the applicant, which is the company, and some infor- mation from the person making the application. He said he filled out the appli- cation for his client, and advised him that the police department and other agencies would be conducting a full investigation on his background and driving record. He said it just doesn't make sense to give false information on the application. He said they did not make a falsified application. The traffic violations of the applicant were all petty misdemeanors, and he drives 65,000 miles a year. 5hakopoe City Council :�.. April 17, 1984 Page 3 Cncl. Colligan suggested the applicant completely withdraw his application for taxicab license and then re -submit an application under the new ordinance, if he still desires. Mr. Notermann agreed that might be a better way to handle it and withdrew the application with the consent of the applicant who was also present. Colligan/Vierling moved to close the public hearing. Motion carried unanimously. Leroux/Colligan moved to accept the request of the applicant, Shakopee Cab Company, Inc., to withdraw its application for taxicab license. Motion carried unanimously. Leroux/Lebens moved to table the application for off -sale liquor license by Keith Johnson d/b/a Valley Liquors, 1104 Minnesota Valley Mall. Motion carried. unanimously. Lurline Baker Kent initiated a presentation of the development plans by the State Dept. of Corrections for the new Correctional Institution for Women to be located in Shakopee across the street from the present facility. She said the Commissioner wanted the facility to show a real concern for the inmates, as well as the resi- dents of Shakopee in a humane atmosphere which blends in well with the community. Fred Shank, BWBR Architects, explained in more detail the philosophy and physical structures planned for the correctional facility, using drawings and diagrams. He pointed out the location of the core building, connecting segregation cottage, additional separate cottages and silos for multi -fuel processing. Bob Erickson, engineer, answered more detailed questions regarding the fuel usage, frequency of supply trucks and storage capabilities. He said there won't be any smoke, and they are well within the pollution control limits. Sandy Frankhauser said she was led to believe the new facility should be more se- cure, and she is wondering why there will be a fence surrounding it. Ms. Baker - Kent replied that the fence is just a perimeter fence to give notice to.kids to stay out; it is not a security fence. Commissioner Pung said the current correctional facility has been in Shakopee for 60 years, and they are trying to maintain that tradition of acceptance within the community. He said the fence will be an attractive one that will blend in nicely with the neighborhood. He commented on the well-trained, quality staff that cur- rently exists at the facility. Mr. Notermann asked how the proposed facility would affect the Boy Scout farm. Comm. Pung replied that the storage building would have to be removed, but the barn should be able to remain. Ms. Frankhauser said her main concern is that the people who need security will have security, and the plans seem to take care of that. Mr. Notermann said his parents have lived next to the facility for 20 years and have had no problem. The City Admr. stated that staff has met with the State staff a couple of times and they are working on other items of mutual concern such as sewer and water and height restrictions for the silos. Leroux/Colligan moved for a 5 minute recess at 8:28 p.m. Motion carried unanimously. Lebens/Leroux moved to re -convene at 8:45 p.m. Motion carried unanimously. Wampach/Leroux moved to direct staff to draft a resolution recognizing that the proposed correctional facility is a specialized use not addressed by the Shakopee Zoning Ordinance; that the proposed development plan is compatible with the sur- rounding R-2 district; that the state cannot be held to local zoning provisions; and requesting state officials to cooperate with local officials and adjacent residents to provide for a facility that is well planned and not disruptive to the City or neighborhood. Cncl. Leroux expressed his concern about this facility not conforming to the City's zoning ordinance, even if the State is exempt from local zoning restric- tions. Considerable discussion ensued regarding various alternatives for in- corporating the correctional facility. Ms. Baker -Kent said they would like to work with local officials, but she feels the key is to expedite without causing a conflict. Motion carried unanimously. Shakopee City Council April 17,1984 - Page 4- Vierling/Leroux moved to direct staff to engage in the revision of its Compre- hensive Plan and zoning ordinance as a means for developing a plan and ordi- nance which best complement the development of the City, considering the recent decision to locate a paramutuel race track in Shakopee. Motion carried unanimously. Leroux/Colligan offered Ordinance No. 144, Fourth Series, An Interim Ordinance Imposing a Moratorium on the Development of Certain Land in the City of Shakopee during the Revision of the Comprehensive City Plan and Zoning Chapter 11, and moved its adoption. Discussion followed relative to whether or not to include a certain portion of R4 and B2 along CR17 in the moratorium. Leroux/Wampach moved to amend Ordinance No. 144 to add to the end of Section 1: "as well as all Commercial Business (B-2) lying within the corporate limits of Shakopee." Motion to amend Ordinance No. 144 carried unanimously. Ordinance No. 144 as amended carried unanimously. The City Engineer addressed the Council relative to the north -south collector street proposed for the racetrack, and its effect upon obtaining a railroad crossing. He discussed the alternatives for closing another railroad crossing. Considerable discussion ensued regarding access for Viking Steel, Rubber Indus- tries, Dressen Oil and Warner True Value. The City Admr. suggested considering fire lanes for access to some industries, rather than public roads. Cncl. Lebens suggested inquiring to find out if the railroad would just give another crossing for the racetrack, rather than demanding one crossing be closed. Colligan/Wampach moved to authorize the appropriate City offici_alo to execute the appropriate agreement between the City and the Chicago and Northwestern Transportation Co. relocating the crossing with National Survey No. 185324N located at mile point 26+0,72 to a crossing at railroad mile point 26+0.38. Motion carried with Cncl. Lebens opposed. Discussion ensued regarding possible confusion with the bid bond specifications for JEJ drainage contract. The Ass't City Attorney stated that it would be his opinion, since half of the bidding companies submitted a bond of 5% of the bid without meeting the $5,000 minimum, that the bid specifications were ambiguous and Council would be justified in waiving that requirement. He said it is his belief that the concept of getting jobs bid is to get the best bid for the public, not to make technicalities the cornerstone of the bidding process. Leroux/Wampach moved that because of the apparent ambiguity in the bid specifi- cation, the City waives the $5,000 bond and accepts the 5% of the bid bond. Motion carried unanimously. Leroux/Vierli ng moved to award the contract for the JEJ Drainage of the former Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way, Contract No. 84-3, to S. M. Hentges & Sons, 1523 West 3rd, Shakopee, in the amount of $45,656.13• Roll Call: Ayes; Reinke, Leroux, Wampach, Colligan, Vierling Noes; Lebens Motion carried.., Leroux/Colligan moved to direct staff to prepare a resolution amending the 1984 - Appropriation Resolution by including an expenditure of up to $65,000.00 from the Capital Improvement Fund Budget. The City Admr. stated that in the 1982 budget this project was listed in the PIR Fund. It was not in the 1983 or 1984 budget. When the project was initially con- ceived and it was learned it couldn't be assessed, it was determined it could fall within the Capital Improvement Fund. Cncl. Lebens said it would be misleading the public to use this fund for projects like this. She believes the vote of the people was to use this fund for major improvements, like a new city hall. That is how she described the fund to people, and she doesn't want it depleted for a job like this that should have been assessed. Cncl. Colligan agreed. Cncl. Lebens said she would rather_ see the funding come from contingency in the general budget. Continued discussion followed. The City Admr. said the fund is written for miscellaneous projects that can't ordinarily be assessed. Shakopee City Council v April 17, 1984 Pa ge 5 Leroux/Colligan moved to amend the motion to direct staff to find the appro- priate funds to pay for the JEJ Drainage project. Motion to amend carried unanimously. Main motion as amended carried with Cncl. Lebens opposed. Colligan/Vierling offered Resolution No. 2245, A Resolution Awarding the Con- tract to Siehndel Construction for the 1984 Curb and Gutter, Sidewalk and Drive- way Approach Replacement Program, Project No. 1984-2, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vie rling/Colligan moved to approve final payment to Hardrives, Inc., 7200 Hemlock Lane North, Maple Grove, Minnesota 55369, for County Road 83 Widening, Contract No. 82-1KT, in the amount of $60.44. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to withdraw Car 300 from the Hennepin County Auction until December 1, 1984, at which time staff will submit a memo to City Council regard- ing the sale of that used vehicle. Motion carried unanimously. Wampach/Vierling moved to direct staff to include the replacement of sidewalk in front of 506 and 514 Holmes Street, using the 1984 Curb and Gutter, Sidewalk and Driveway Apron Replacement Program. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colli gan/Lebens moved to continue the policy of having the City pay the insurance deductible for Public Officials Liability Insurance. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to approve the application and grant a gambling license to St. Mark's Catholic Church, 333 West 4th Avenue. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to waive the requirement that the gambling manager for St. Mark's Church festival file a fidelity bond in the sum of $10,000.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to approve the application and grant a raffle license to DFL Third Congressional District at the Shakopee Senior High School on May 5, 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to waive the requirement that the gambling manager for the DFL Thin. Congressional District raffle file a fidelity bond in the sum of $10,000.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved that bills in the amount of $325,951.94 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to remove from the table the Employment Agreement Renewal for the City Admr. Motion carried unanimously. Discussion ensued regarding various provisions proposed in the employment con- tract, especially special compensation, life insurance and timing for a raise. Leroux/Colligan moved to offer an Employment Contract to John K. Anderson as City Admr. with all of the terms as presented in the Employment Agreement at- tached to the memo from John K. Anderson dated March 29, 1984, except as follows: Under Section Four, Regular Compensation, change $41,000 to $42,000 and at the end of the section to add "with a base salary increase of $2,000 for the year 1985, plus any agreed growth percentage for 1985 as applied to all other City employees; Under Section Four, Special Compensation, change to read:"Employee agrees not to seek other employment within a three (3) year,period from and after the date of this Agreement, unless authorized to do so by the Employer, provided that the parties reach agreement on annual compensation before December 31, 1985. Em- ployee further agrees to provide Employer with sixty (60) days' written notice of termination of this Agreement at the end of the three (3) year period." Under Section Nine, Life Insurance, delete second sentence. Roll Call: Ayes; Colligan, Vierling, Reinke, Leroux Noes; Lebens, Wampach Motion carried. Shakopee pity Council April 17, 1984 Page 6 Leroux/Lebens moved to declare a sixty day moratorium on issuing taxicab licenses and direct staff to redraft City Code 6.22 to provide improved consumer protec- tion. Motion carried unanimously. Colligan/Lebens offered Resolution No. 2274, A Resolution Apportioning Assess- ments Among Parcels Located North of CR16 (Shakopee Cable Head End Site), par- cels numbered 27-905004-0 and 27-908026-0, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens offered Resolution No. 2246, A Resolution Authorizing the Dis- posal of Unclaimed Property, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens offered Resolution No. 2241, A Resolution Initiating the Vaca- tion of Part of Shumway Street Between First and Second Avenues, According to the Plat of Shakopee City, Scott County, Minnesota, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens offered Resolution No. 2242, A Resolution Initiating the Vaca- tion of the Public Alley in Block 1, According to the Plat of Terrence Addition to the City of Shakopee, Scott County, Minnesota, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. mentioned several informational items. Colligan/Leroux moved to authorize proper City officials to enter into and execute the Employment Agreement with John K. Anderson for 1984-85 as previously approved. Motion carried unanimously. Colligan/Vierling moved to adjourn to April 24, 1984 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 11:30 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA APRIL 24, 1984 Vice Mayor Leroux called the meeting to order at 7:00 p.m. with Cncl. Wampach, Lebens, Colligan and Vierling present. Mayor Reinke arrived later. Also present were John K. Anderson, City Admr.; Rod Krass, Ass't City Attorney and Gregg Voxland, Finance Director. Vice Mayor Leroux asked if there was anyone present who wished to address the Council on any item not on the agenda, and there was no response. Vice Mayor Leroux said Council would hear presentations from three financial consulting firms who would like to represent the City. None of the firms would be present to hear the other firm's presentation. They will each be allowed 20 minutes for the presentation and 20 minutes for question and answer. William E. Fahey, of Ehlers and Associates, gave background information on his firm, touching on personnel, experience and philosophy on financial matters. He emphasized their team approach to serving the City and the additional ways they can help a community. He said they believe in the spirit of competition, and think there is little reason to believe a negotiated sale of bonds would result in a benefit to the community. Phil Chenoweth and Steve Apfelbacher each addressed their various areas of interest and expertise, and gave examples of financial assistance given to other cities for various projects. Mayor Reinke arrived at 7:23 p.m. and took his seat. Some questions followed the presentation. The City Admr. asked about the firm's philosophy regarding contacts with the City. Mr. Fahey said they don't believe in just coming when the City requests, because they can't accomplish quality in that way. He told of how often they visit other cities they represent. He said their seminars are another way of helping cities. Mr. Chenoweth said they con- sistently monitor the bond issues and notify clients of opportunities. Mr. Fahey discussed the pros and cons of revenue and G.O. bonds. He said revenue bonds also affect the City's credit rating, as they are included in the debt ratio until steady revenue is shown. Mayor Reinke took over the gavel, and asked for the presentation of Miller & Schroeder. Jim Casserly introduced other members of his firm, including Dick Graves, George McMann, Jeff Molda and Steve Emerson. Mr. Casserly said that it became clear to them that the City should be looking at revenue bond financing. Miller & Schroeder, as an underwriter, cannot be involved in revenue bond projects. Therefore, he suggests Miller & Schroeder not be hired as fiscal consultants, but instead be selected to be involved in revenue bond financing for projects as the designated managing underwriter for the project area. Steve Emerson, Jeff Molda and Dick Graves each spoke further about the firm and its philosophies. Mr. Casserly gave a five step approach to begin a revenue bond program for Shakopee. An integral part of the program is insurance for the bonds, which could make it possible to have a AAA rated bond. He emphasized it all needs to start quickly to make the deadline for track completion. He said if it can't all be done by revenue bonds, then it could be done with GO bonds, so they would like someone to work with as a financial consultant for the City who would be available to do the GO bond financing. Cncl. Leroux asked about the additional cost of insurance and the relative bene- fit of a higher bond rating. Mr. Molda replied that using insurance has to save the City money. He said the spread between AAA and A is a little over 1%, there- fore an insured tax increment revenue bond with an AAA rating would have an interest rate which is lower by one-third of the issue than a GO revenue bond with an A rating. Mr. Krass asked about revenue bonds affecting the City's credit rating. Mr. Molda said the rating is affected by how much debt a City has and the quality of its taxing power. Therefore, it is more or less a free ride for credit. f} Shakopee City Council April 24, 1984 Page 2 Cncl. Lebens said she was told by the State Dept. of Revenue that the KMart increment funds belonged to the school district and the county also, not just the City. Therefore, if Shakopee tried to shift these funds, they would be putting their State aid into jeopardy. She told of Minneapolis' attempt to use the funds, and it eventually loaned the interest only in the fund and then had to repay it. She asked how they felt this was such a benefit if it has to be returned to the taxing district. Mr. Casserly said that information is only partially correct. He said he did arrange the financing in Minneapolis, which was a very complex issue. He ex- plained the background, and said it is possible to use the money if the laws are followed carefully. Further discussion ensued. Bob Pulscher, of Springsted, Inc., introduced Carolyn Ganz and Dick Treptow of his firm. He stressed Springsted's competence, experience, independence and objectivity. He said they do not go out and promote and lobby projects, as he believes that is the City Council decision to make. He feels their responsibility is to sell the bonds in the most affordable way, keeping in mind the best in- terests of the City in the future. Mr. Treptow said that of the 84 tax incre- ment bond issues sold, they have been financial advisors on 41 of them. He said the KMart issue was the first pure revenue bond issue, with no GO bonds. He felt his knowledge of that will be very important in the handling of this pro- ject in the future. Ms. Ganz spoke about the City's credit rating, and said with a major project like the racetrack, they would recommend making a personal presentation in New York to try to get a higher rating. Mr. Pulscher mentioned other cities they represent where the credit ratings have been upgraded. Mr. Pulscher addressed the issue of keeping a cl000r contact with tho City. IIo said for many months he had a medical problem. He also said the City did not request any help, and his firm did not know it was looking for additional fi- nancial options for the downtown redevelopment. They are more than able to provide any financial assistance necessary if they know of a problem. Discussion then ensued among the Councilmembers regarding the three presenta- tions. Cncl. Leroux said he was unaware that Springsted had not been contacted about the City's need for money for the downtown project. He said Miller & Schroeder would provide a "free" level of consultation as managing underwriter, as they derive their income strictly from the bond issue. Therefore, Springsted could be retained as financial consultant. The City Admr. said he is comfortable with the level of service received from Springsted, but if the Council wants more, it should ask it specifically. He also believes there is value in second opinions. Consensus was that there was a communication problem, and staff should have informed Springsted of the City's need. Cncl. Leroux said the managing underwriter will complement the financial consultant. The Ass't City Attorney said that access to both firms is good. He said the City should remember where each firm gets its money from. Colligan/Lebens moved to retain Springsted, Inc. as financial consultants for the City. Motion carried unanimously. Colligan/Leroux moved to direct staff to prepare a memo discussing the pros and cons and background of hiring Miller & Schroeder as managing underwriters. Motion carried unanimously. The City Planner asked for a discussion on the proposed road alignment for Fox Run, which is a cul-de-sac drawn by the City Engineer. Discussion followed re- garding whether or not the road touched both lots, and the discouragement of flag lots. Leroux/Lebens moved to advise the developer of Fox Run First Addition that they may construct the cul-de-sac and use it as public right-of-way as long as both lots of record abut that cul-de-sac with adequate area for construction of a private drive -way, and further that no extended flag lots will be acceptable to achieve that purpose. Motion carried unanimously. Leroux/Lebens moved to authorize F. F. Jedlicki to undertake the relocation of the watermain under the Huber Park Trail Restroom Facility site, charging for materials and time at an hourly rate of $130 for a three man crew, with materials estimated to cost $2,600.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council April 24, 1984 Page 3 Wampach/Vierling moved to authorize a change order to remove sod and land- scaping from the current contract for the Huber Park Trail Restroom Facility with Consolidated Mechanical Contractors, and direct staff to solicit quotes to provide these services for the revised landscape plan. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to amend Council's 3-19-84 motion to purchase $22,895.00 in computer equipment and software from Tele -Terminals and Office Products to restate the specific purchase as authorizing the purchase of 3 micro computers and related computer hardware, computer software and micronet equipment from Office Products at $13,746.00, and to purchase two printers from Tele -Terminals at $3,674.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. The Comm. Development Director said she would like the contour mapping done for the entire downtown area because the set-up costs make for an efficiency of scale if the whole downtown area is done, rather than just the mini by-pass. Discussion followed regarding the City's costs for the mini by-pass improvements. The Comm. Develop. Dir. said from the start the State has expected some local funding. The consultant feels that if the City pays for the design, State will pay for the construction. Cncl. Lebens said she felt this was letting the State off the hook as it is their problem and their responsibility to pay for correcting it. The City Engineer responded that the fact i,� that highway funding has changed . Now to get interchanges and intersections improved where they are of generally local benefit, MnDOT is no longer paying 1001. The other factor is they don't have the money for all the projects. The fact is an improvement like this doesn't happen without some local contribution to even get the project on their list for prioritizing. He added that these maps will be used through- out the downtown area and can be sold to developers, so some of that money can be recouped, even if the project doesn't happen. Ken Anderson, traffic consultant with Westwood Planning & Engineering, said that the first bid for the by-pass south of town is proposed for 1988. The average time it takes a project to go through MnDOT's process is 8 years; the minimum 3 years. He said a realistic projection is 4 years until bid letting, with con- struction a year later. A study has to be received before it is prioritized. He said it is true this is a state problem, but the reality is if the City is not willing to put some money into it, it will be a long time coming. The com- petition is fierce for projects. He said the policy decision is how hard you want to push the prol4ect, and the answer to that question determines how much money you want to put into it and when. He said he is very much concerned that Westwood not propose something that cannot be funded with the resources availa- ble. But without the study, there are too many unknowns. He wants to package the different elements of the by-pass separately, because he feels they have a better chance of moving in the system if they are smaller, less expensive items. Discussion continued. Colligan/Wampach moved to concur with the Downtown Committee recommendation to authorize Westwood Planning and Engineering to prepare the contour maps for the amount of $7,340.00, and to expend up to $4,000.00 on an hourly rate basis to prepare the preliminary geometric designs and information requested by the State for the "mini by-pass". Roll Call: Ayes; Colligan, Vierling, Reinke, Wampach, Leroux Noes; Lebens Motion carried. The City Admr. reviewed a couple informational items. Colligan/Leroux moved to reconsider the previous motion regarding the hiring of Westwood Planning and Engineering. Motion carried unanimously. Leroux/Vierling moved to authorize Westwood Planning and Engineering to expend up to $4,000.00 on an hourly rate basis to prepare the preliminary geometric designs and information requested by the State for the "mini by-pass". Roll Call: Ayes; Leroux, Colligan, Wampach, Vierling, Reinke Noes; Lebens Motion carried. Leroux/Colli gan moved to authorize Boerhave, Assoc. to prepare the contour maps for downtown for the amount of $7,340.00. Roll Call: Ayes; Reinke, Leroux, Vierling, Colligan, Wampach Noes; Lebens Motion carried. Leroux/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:53 p.m. Judith S. Cox, City Clerk Diane S. Beuch, Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA MAY 1, 1984 Mayor Reinke called the meeting to order at 7:05 p.m. with Cncl. Wampach, Leroux and Vie rling present. Absent were Cncl. Lebens and Colligan. Also present were John K. Anderson, City Admr.; Judith S. Cox, City Clerk; H. R. Spurrier, City Engineer; Jeanne Andre, Comm. Develop. Dir. and Julius A. Coller, II, City Attorney. Liaison reports were given by Councilmembers. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda. Gary Eastlund, of Scottland, Inc., said he would like to request an ordinance amendment to the current Noise Ordinance, as it affects construction of the racetrack. He said he proposes having a public hearing on May 9, 1984 to meet with the neighbors of the racetrack site that would be affected by the construc- tion noise to explain what the developers are doing and asking for their indul- gence. Dave Zeiman of Kraus -Anderson, the contractor for the racetrack, said the start of construction is expected to be about June 4, 1984, with racing to begin in June of 85. This means the total site grading operations have to be completed this summer. In order to accomplish this, they are planning two 10 hour shifts of workers, which would exceed the ordinance as it is written concerning noise curfews. He expects to lose some days during the summer because of holidays and bad weather, and therefore needs this aggresive of a schedule at the beginning. The City Admr. said to change the curfew hours for noise, it would take an ordi- nance amendment, because there is no provision for a variance. He proposed that if the results of the public hearing are favorable, staff could draft an appro- priate amendment to the ordinance adding a provision for exceptions to be made by City Council. The City Engineer said the prohibition against diesel engines is the problem. Discussion continued. Mr. Zieman said they would propose to do the noisest work during the normal.con- struction time and near the neighbors. He feels the summer winds will also help dispell the noise. Leroux/Wampach moved to direct staff to attend the meeting between the contractor for the racetrack, Minnesota Racetrack, Inc., and the neighbors in the area relative to the noise ordinance, and provided that common ground be found, they be directed to prepare an ordinance to revise the noise ordinance allowing the construction necessary for the racetrack. Motion carried unanimously. Vierling/Wampach moved to approve the minutes of April 12, 1984 as kept. Motion carried unanimously. Vierling/Leroux moved to place on file the letter dated April 26, 1984 from the Scott -Carver Economic Council, Inc. regarding the merger of the Scott and Car- ver County food shelves. Motion carried unanimously. Vierling/Wampach moved to file the letter from the Scott County Sheriff dated April 16, 1984 regarding the 2nd Annual Sheriff's Focus on Fitness Run, and to indicate Council support for the run. Motion carried unanimously. Wampach/Vierling moved to place on file the letter dated April 10, 1984 from the Minnesota Racing Commission. Motion carried unanimously. Vie rling/Wampach moved to place on file the letter from the Mn. Dept. of Energy and Economic Development dated April 12, 1984, and to pass it on to the Chamber of Commerce, Downtown Committee and HRA. Motion carried unanimously. Wampach/Vierling moved to place on file the letter dated April 17, 1984 from School District No. 720 regarding the meeting with governmental bodies on May 14, 1984. Motion carried unanimously. The City Admr. said the notification from the PLSLWD that they would be increas- ing the outflow from 30cfs to not more than 50 cfs comes under their emergency Shakopee City Council May 1, 1984 Page 2 powers, and that outflow will be significant to Shakopee residents who are down- stream. Gary Eastlund said the PLSLWD has never stabilized the banks on their property, there is bad erosion, a ear in the ditch, and the present outflow is already more than can be handled. The City Admr. said the basic problem is that the PLSLWD never completed the system, and it is Shakopee's position that anything that is not right after the flow stops will have to be fixed by them. He suggested further research could be undertaken with the Ass't City Attorney to see if there is anything further the City can be doing to seek repair of damages. Mayor Reinke said it is his belief that the PLSLWD is acting irresponsibly be- cause it has not levied assessments for the damages. Further discussion ensued. Leroux/Wampach moved to direct staff to meet with the Ass't City Attorney to find out what kind of legal stance the City should be taking, to ensure protec- tion for residents. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to adopt amendments to Sanitary Sewer Service Area and the Transportation section of the Shakopee Comprehensive Plan as recommended by the Planning Commission, at their April 26th meeting. The City Admin. clarified the area involved for sanitary service. The Comm. Develop. Dir. recommended dealing with the cul-de-sac issue before sending the action to Met Council so it would not hold up the racetrack's needed approval. Leroux/Wamvach moved to amend the motion regarding the Transportation Plan Amendment, by deleting "sub"ect to the resolution of the cul-de-sac issue on the residual road on the Western end of the racetrack site". Motion to amend carried unanimously. Main motion as amended carried unanimously. It was Council's consensus to bring back the cul-de-sac as a separate issue with appropriate research. The City Engineer said it is commonly recognized that a regional activity is an appropriate terminus for a roadway, and it need not have a place to turn around, such as 12th Avenue at the Minnesota Valley Mall. Crcl. said North-South cul-de-sac is different in that the City is designing it, instead of a developer. He thinks it would be up to Planning Commission to issue a variance. The City Engineer recounted that the reason the road was not planned to go all the way through was because of the drainage area it would have to cross. He thought this is an appropriate issue for discussion during the moratorium. Leroux/Vierling moved to direct staff to bring back an ordinance revising the zoning map so that the floodplain district delineating the floodway and flood fringed district conforms to the flood boundary and floodway map prepared for the flood insurance study prepared for the City of Shakopee, Minnesota, Scott County, March 1978, prepared by the U.S. Dept. of Housing and Urban Development, Federal Insurance Administration. Motion carried unanimously. The Community Develop. Dir. went over the background of the request to hire a temporary intern to assist in the Opt Out program. Vierling/Wampach moved to authorize appropriate city officials to hire Barry Stock as a temporary full-time employee at an hourly rate of $5.75, starting after May 2, 1984, and running through approximately October 15, 1984, at a cost not to exceed $6210.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Jim Streefland, of Jaspers & Co., went over the 1983 Annual Financial Report, and highlighted various funds and balances and changes over the previous years. He said the fund balance is higher than usual, but not unreasonable because of many factors, but primarily the carrying over of the money for the sealcoating program. Also some capital equipment was not purchased and the contingency fund was not used. He explained the new rule re gardin g the handling of special assessments which is now handled as a deferred revenue and a liability. Dis- cussion ensued. Mr. Streefland recommended in his management letter that the deficit in the 67 Improvement Fund be eliminated by the transfer of the necessary funds, which has already been taken care of in the 1984 budget. Shakopee City Council May 1, 1984 Page 3 Cncl. Wampach asked about a carry-over of $100,000 to $110,000 from the senior highrise which was earmarked a transportation fund to provide busing for the seniors. Discussion ensued, wherein it was clarified that that idea had been talked about, but it was determined that tax increment funds could not be used to purchase a bus or to operate it. The fund was closed out by transferring the money to debt service to pay off the bonds. Leroux/Vierling moved to receive the 1983 Annual Financial Report, and to com- mend Jaspers & Co. for their prompt and efficient service. Motion carried unanimously. Vierli ng/Leroux moved that bills in the amount of $584,476.62 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Leroux moved to table the issue of a sewer service refund for Jerry Wampach because there would be a lack of quorum for a vote. Motion carried unanimously. The City Engineer spoke about the evaluation of the street system done by West- wood Engineering. He said the main problem is how to move traffic from 10th Avenue to First Avenue, and to identify those streets that would more appro- pxi.ately serve as collector streets. This evaluation found that several cor- ridors are important in Shakopee, and indicates there should be an expansion of the downtown area. He said he is very pleased with the content of the report. Wampach/Vierling moved to ask the Planning Commission, ICC and Downtown Commit- tee to review the street system evaluation at their next regular meeting, and report their recommendations to Council by May 15, 1984. Motion carried unanimously. Leroux/Wampach moved to table discussion of the JEJ project funding until the full Council is seated. Motion carried unanimously. Discussion ensued regarding water and sewer service to Tahpah Park, and the possibility of tieing in the construction of a lift station with adjacent development, and the timing of both. Leroux/Wampach moved that the contract for sewer and water for Tahpah Park be awarded to T & S Excavating, 2044 Chamber, St. Paul, for $48,570.50, and the proper City officials be directed to enter into a contract with the Jaycees for payment of that amount; and further, if the Jr. Chamber of Commerce does not have adequate funds at the time of the settlement, the City pay the dif- ference until they are in a position to pay, and charge no interest on it. Roll Call: Ayes; Unanimous Noes; None Motion carried. Gary Laurent said the residents of Eaglewood Addition have had a neighborhood meeting to discuss their concern about the bad roads in their neighborhood. He said these roads have been bad and are getting worse. Many people have the desire and right to make improvements on their property, but simple deliveries cannot be made because of the condition of the roads. Vehicles such as the garbage truck, propane deliveries, fuel trucks, lawn treatment, etc., cannot drive on these roads, and this has caused expense to the residents. He declared that if any of the Councilmembers have seen their roads, they would know these people have been very patient. The neighbors do have some frustrations with the City; mostly in not knowing what is going on and when is something going to happen. There is also concern when it is heard that the City claims it inherited the roads and is not responsible for them. There is also frustration when the City tells residents that trucks are not allowed on those roads, and at the same time there have been City trucks on the road that are grossly overweight. He expressed the neighbors' concern of what is going to happen, when and how, and the bottom-line question of how much is it going to cost the residents. It is his belief that most of the people feel they would pay something to have the roads improved, but at the same time they don't think a large assessment would be fair. He said the City has a history of good services, and they all feel they deserve good services. He added that everyone who bought in that addition paid for the cost of a road which they reasonably expected would last close to 20 years. He said some of the residents bought recently, arra after paying for principle, taxes, interest and insurance, a large assessment can't be handled in those first years of ownership. That assessment is easier to handle 10 years down the line. Shakopee City Council May 1, 1984 Page 4 Mayor Reinke responded that these roads in Eaglewood have been under discussion for the last couple of years. He has done some checking to see if the City could use some crushed material from Fab -Con for base. The City does realize there is a problem. He said there is some truth that the City did inherit the plat when it was annexed, but that does not relinquish the responsibility. What that means is the road was built to township standards, rather than City standards. Mr. Laurent replied that some feel a large portion of the road was built to City standards, and only a small portion was done under the township. The City Engineer said in his research into the background of these roads, he found three public improvement projects. He pointed them out on a map, and told when each was done. He detailed how proper construction standards were not fol- lowed. He said right now a fire truck would go right through the road. He said the road should have lasted at least 15 years. He said the City didn't get what it paid for, and didn't put in what it should have. The City Engineer explained that City Council has consensus agreement on all elements of the street rehabilitation policy that would apply to this subdivision. He believes the City would be hard pressed to assess 20/ of the project, and therefore it would be hard to pick up the City's share, because the roads we know are in terrible shape are not even 10 years old. Based on the rehabilitation policy, the residents would have a 501% credit, which is not enough to sell bonds to finance the project. The City Admr. added that this project could be tied in with another project. As far as when, the City Engineer said he didn't think there would be a wearing surface on this year. There was further discussion about funding, and the City Admr. said he would clarify what is available. The City Admr, summarized that there is optimism that the City can get the proper gravel base in this year, with no paved surface this year. It will be major reconstruction, and he doesn't know at this time how that would affect traffic. As far as cost, the discussion so far has been for assessing 25% of whatever the cost is to reconstruct, less a credit for the time the road should have held up, which is 15-20 years. Therefore, this could bring the assessment down to 121,%., with the assessment spread at the end of the project. If it is done this year, it would be spread for 1985, payable in 1986. Discussion was held regarding the option of pre -assessing to save interest costs, especially if the construction lasts two years. The City Admr. pointed out if the City Council institutes the reconstruction pro- ject, it takes 5 out of the 6 Councilmembers to vote affirmatively to initiate the project. If the residents initiate it, there has to be a petition by 35f of the property owners. He continued that the feasibility study would be done to find out the costs and possible assessments, and the results of that study are presented to the residents at a public hearing. There is also the possibility of holding a pre -assessment hearing before construction begins. Mr. Laurent clarified the sequence of events to begin the project. He confirmed that at the public hearing presenting the feasibility study, there would be available assessment numbers. Terry Malum asked what is the major advantage to just putting on a gravel base this summer, with the residents having to put up with the dust, when the road will be better when it dries up. The City Engineer responded that the problem is with the soil, which will not dry up for a couple of months. He said the base will not be put on until fall, and then it is good to let it settle through one frost cycle before putting on the bituminous. He added that part of the feasibility report is a detailed soil examiration. Jerry Hackett said he is wondering why they have to file this petition to get the work going. He said it isn't like this bad road just happened this spring. He said there are places out there where you have to be a motorcross rider to get through. Mayor Reinke responded that there are many other problems through- out the City and the City has a major concern with how these projects are going to be paid for. There was discussion about starting the feasibility report before the receipt of a petition. The City Attorney advised that the City could take informal steps to begin a feasibility study;when the petition is received, that would be the first legal step. The City Engineer said some preliminary work could be done if the pe ti tion is received on May 15, 1984. Shakopee City Council May 1, 1984 Page 5 Wayne Ek asked what can be done right now, as he is without fire protection and life support services. The City Engineer said the ambulance could use the roads, but the biggest pieces of fire fighting equipment could not. He added that the road is so bad that fill would just be pushed down and not do any good. There was continued discussion about fire protection and how much hose could be laid to fight a fire. The City Engineer said there is water supply from the wet- lands, but a fire could not be fought very effectively. There was continued discussion regarding the residents' responsibility if they petition. The City Admr. pointed out the fact that after the numbers are re- ceived about how much each assessment might be, some residents might not want the project done, and they would have the opportunity to express that at the public hearings. Jim Klemenhagen asked if the assessments would be per lot or what. The City Engineer replied that assessments are usually on a front foot basis, but in a subdivision it would probably be on a per lot basis. He said the number of buildable lots would also be in the feasibility report. Lero ux/Wampach moved to direct staff to begin the proceedings for a feasibility report and prepare a resolution ordering the feasibility study to be brought back at the May 15, 1984 meeting. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Leroux moved for a five minute recess at 10:17 p.m. Motion carried. unanimously. Wampach%Vierl ing moved to re -convene at 10:32 p.m. Motion carried unanimously. Leroux/Wampach moved to authorize the following firms to proceed with appraisals for property to be acquired for the Trunk Highway 101 Bypass right-of-way, pur- suant to their proposals: 1. Shenehon & Assoc., Inc. for $1,150.00; 2. Peter Patchin & Assoc. for $1,800.00; 3. Ken Lewis & Assoc. for $1,200.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to authorize staff to offer each property owner an amount not to exceed $300.00 for additional appraisals for each property acquired in the Trunk Highway 101 bypass right-of-way project. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Clerk gave background on her recommendation to purchase automated elec- tion equipment. She said with this system in place, voter cards can be counted at the rate of 600 per minute. It is estimated the whole county can be counted by 11:00 p.m. instead of the usual 6:00 a.m. She said the rotation of candidates names would be done by precinct. Discussion continued. Leroux/Vierling moved to approve the acquisition of Automated Election Equipment for the 1984 elections and direct staff to prepare a more accurate cost estimate for Council approval. Motion carried unanimously. Leroux/Wampach moved to authorize Miller & Schroeder to proceed immediately to perform the services as outlined in Mr. Casserly's letter of April 27, 1984 for the refinancing of tax increment District No. 1 and the packaging of tax incre- ment District No. 4 in the Minnesota River Valley Housing and Redevelopment Pro- ject No. 1, subject to the City being able to negotiate a preliminary bond pur- chase agreement. Motion carried unanimously. Vierling/Wampach moved to authorize flexible scheduling for City Hall employees commencing May 29, 1984. Motion carried unanimously. Vierling/Wampach moved to not auction off the red Ford for the Building Dept. Motion carried unanimously. Vier ling/Wampach offered Resolution No. 2249, A Resolution Addressing Zoning and Community Concerns Regarding the Proposed New Minnesota Correctional Facility - Shakopee, and moved its adoption. Motion carni ed unanimously. Vierling/Wampach offered Resolution No. 2250, A Resolution Supporting Independent Management Study of Metropolitan Waste Control Commission, and moved its adoption. Motion carried unanimously. Shakopee City Council May 1, 1984 Page 6 Leroux/Vierling offered Resolution No. 2248, A Resolution Amending Resolution No. 2205 Adopting the 1984 Pay Schedule for the Officers and Non -Union Em- ployees of the City of Shakopee, Minnesota, and moved its adoption. Roll Call: Ayes; Vierling, Reinke, Leroux Noes; Wampach Motion carried. Vierling/Wampach offered Resolution No. 2251, A Resolution Urging the Scott County Board of Commissioners to Appoint A Study Commission to Review Optional Forms of County Government for Scott County, and moved its adoption. Motion carried unanimously. Lero ux/Wampach offered Resolution No. 2253, A Resolution Authorizing Joint and Cooperative Agreement for Use of Personnel and Equipment - Regional Mutual Aid Association, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Clerk asked if a meeting could be held between the City Council and the Cable Communications Commission on May 22, 1984. Consensus was affirmative. Leroux/Vierling moved to appoint the City Clerk as Acting City Admr. from May 9 through May 11, 1984. Motion carried unanimously. Leroux/Vierling moved to adjourn to 7:00 p.m. May 15, 1984. Motion carded unanimously. Meeting adjourned at 11:05 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary association of metropolitan May 8, 1984 municipalities TO: AMM Member City Officials FROM: Mary Anderson, Chairperson Nominating Committee REF: NOMINATING COMMITTEE REPORT Ar MAY 9 1984 CITY OF SHAKOPEE Pursuant to Article IX, Section 3 of the By -Laws, a Nominating Committee was appointed by the AMM Board of Directors on March 1, 1984. The Committee has nominated the below listed persons for consideration at the Annual Meeting on May 30, 1984. FOR PRESIDENT: Ron Backes, Councilmember, St. Louis Park FOR VICE-PRESIDENT: Jim Scheibel, Council member, St. Paul FOR BOARD OF DIRECTORS: TWO YEAR TERMS (8 TO BE ELECTED): Sharon Sayles Belton _ Walter Fehst Laura Fraser Jim Miller Harry Peterson Jim Spore Bob Sundland Minneapolis, Council Member Robbinsdale, City Manager Lake Elmo, Councilmember Minnetonka, City Manager Stillwater, Mayor Burnsville, City Manager St. Anthony, Mayor One additional nominee to be named later. Bill Barnhart ONE YEAR TERM (1 TO BE ELECTED Minneapolis, Coordinator's Office PLEASE NOTE: Subsequent to the last meeting of the Nominating Committee, one nominee, for a two-year term, has withdrawn his name from consideration. Additional recommendations are now being solicited via this mailing to fill this position. Please submit recommendations to either Mary Anderson (588- 8578) or Vern Peterson (227-5600) by Wednesday, May 23, 1984. (over) 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 -2 - BOARD MEMBERS WHOSE TERM EXPIRES MAY, 1985: Gary Bastian Bea Blomquist Neil Peterson Eldon Reinke Bob Benke Maureen Warren Bob Thistle Maplewood, Councilmember Eagan, Mayor Bloomington, Councilmember Shakopee, Mayor New Brighton, Councilmember St. Paul, Mayor's Office Coon Rapids, City Manager NOMINATING COMMITTEE MEMBERS - Mayor Mary Anderson City of Golden Valley 3030 Scott Ave., No. Golden Valley, Minnesota 55422 588-8578 Ms. Maureen Warren Legislative Liaison Room 347 City Hall St. Paul, Minnesota 55102 298-4323 Mr. Gary Bastian, Councilmember 2997 Chisholm Pkwy. Maplewood, Minnesota 296-4847 Mr. Jim Lacina City Administrator City of Woodbury 2100 Radio Drive Woodbury, Minnesota 55125 739-5972 Mr. Dennis Schneider Councilmember City of Fridley 6190 Stinson Blvd. Fridley, Minnesota 55432 635-5002 55109 Mayor Duane Zaun City of Lakeville 9586 - 202nd. St. West Lakeville, Minnesota 55044 469-4431 �6 association of BULLET 1 N metropolitan municipalities May 8, 1984 TENTH AMM ANNUAL MEETING DATE: Wednesday, May 30, 1984 LOCATION: Brooklyn Park Community Activity Center 5600 - 85th. Ave., North Brooklyn Park, Minnesota (map on reverse side) 5:30 to 6:30 P.M. 6:30 to 7:30 P.M. 7:30 P.M. Social Hour Buffet Dinner Annual sponsored by (Roast Round of Beef, Au Jus; Baked Business (Miller & Schroeder Municipals, Inc.) Chicken and other Goodies) Meeting COST: $15.00 PER PERSON ANNUAL MEETING AGENDA 1. Call to order. 2. Recognition: Retiring Board Members and Past Presidents. 3. Keynote Address: Sandra Gardebring, Metropolitan Council Chair "Where Does Metro Go From Here". 4. AM1l Report: A. DECADE OF SERVICE - President Jack Irving. 5. Election of Officers and Board Directors (Nominating Committee Report enclosed). 6. DECADE TWO - President Elect Comments. 7. Other Business. 8. Adjourn and ????? PLEASE NOTE: A. Dinner reservations must be received in AMM office by May 25, 1984. Carol Williams is the contact person (227-5600). B. Each city should send at least one delegate to cast its vote; however, cities are encouraged to send additional officials as well. Spouses and guests are welcomed! THIS NOTICE HAS BEEN MAILED TO MAYORS, DELEGATES AND MANAGERS/ADMINISTRATORS. 1,° 111 ct, haul, minnesota 55101 (612) 227-5600 BROOKLYN PARK OMMUNITY ACTIVITY CENTER 5600 85TH AVE NO. A,ACTIVITY CENTER BROOKLYN PARK MN. 55443 0�1 1 -1 v425-4517 85TH AVENO. Lo /0-4K. 7�94 s � W X J Q Y O O m m rn a- cd J I uj Q W crLi z D 0 0 E Lmi 401 [lull league of minnesota cities May 3, 1984 TO: Mayors, Managers and Clerks FROM: Diane Loeffler, Legislative Representative SUBJECT: Openings on State Boards and Commissions RAN The Secretary of State is seeking applications for positions on several boards that may be of interest to city officials. Applicants are being sought for the Investment Advisory Council, the Minnesota -Wisconsin Boundary Area Commission, and the Ethical Practices Board. The application deadline for all of t�e positions is May 29, 1984. Application forms may be obtained from the Office of the Secretary o a e, to Office Building, St. Paul, MN 55155-1299; phone (612) 296-2805. In addition, it is requested that members notify the League of positions they are seeking so that we can track member interest and offer support when appropriate. The following are brief descriptions of each of the positions currently open. THE INVESTMENT ADVISORY COUNCIL has 1 vacancy open immediately for a member with experience in general investment matters. The council advises the Board of Investment on policy relating to investments of state funds. Members are appointed by the Board of Investment. Members must file with the Ethical Practices Board and receive no compensation. For specific information contact the Investment Advisory Council, Room 105 MEA Bldg., 55 Sherburne Ave., St. Paul 55155; (612)296-3328. THE MINNESOTA -WISCONSIN BOUNDARY AREA COMMISSION has 1 vacancy open immediately. Must be a resident of Minnesota. The commission makes recommendations on the use, development and protection of the corridor of the St. Croix and Mississippi rivers that forms the interstate border of Minnesota and Wisconsin and assists the 2 states in their participation in federal programs affecting the rivers. Members are appointed by the Governor. Terms are staggered. Bi -monthly meetings; members are reimbursed for expenses. For specific information contact the Minnesota -Wisconsin Boundary Area Commission, 619 2nd St., Hudson, Wisconsin 54016; (612) 436-7131. THE ETHICAL PRACTICES BOARD has 1 vacancy open immediately, for a member of the Democratic - Farmer -Labor Party who has not been a public official, held any political party office other than precinct delegate, or been elected to public office for which party designation is required by statute in the three years preceding the date of appointment, for term expiring in January, 1987. The board administers campaign finance disclosure and public financing for state candidates; economic interest disclosure for state and metropolitan public officials; lobbyist registration and reporting. Members are appointed by the Governor and confirmed by the House and Senate; members serve staggered four-year terms; must file with EPB. Monthly meetings; members receive $35 per diem plus expenses. For specific information, contact the Ethical Practices Board, 41 State Office Building, St. Paul 55155; (612) 296-5148. DL:mk 1 83 university avenue east, St. paul, minnesota 551 01 (61 2) 227-5600 RECEIV .D MAY 7 1984 CITY ,"'^ SHIAKOREE league of minnesota cities - May 3, 1984 TO: Mayors, Managers and Clerks FROM: Diane Loeffler, Legislative Representative SUBJECT: Openings on State Boards and Commissions L C., The Secretary of State is seeking applications for positions on several boards that may be of interest to city officials. Applicants are being sought for the Investment Advisory Council, the Minnesota -Wisconsin Boundary Area Commission, and the Ethical Practices Board. The application deadline for all of the positions is May 29, 1984. Application forms may be obtained from the Office of the Secretary of State, 180 State Office Building, St. Paul, MN 55155-1299; phone (612) 296-2805. In addition, it is requested that members notify the League of positions they are seeking so that we can track member interest and offer support when appropriate. The following are brief descriptions of each of the positions currently open. THE INVESTMENT ADVISORY COUNCIL has 1 vacancy open immediately for a member with experience in general investment matters. The council advises the Board of Investment on policy relating to investments of state funds. Members are appointed by the Board of Investment. Members must file with the Ethical Practices Board and receive no compensation. For specific information contact the Investment Advisory Council, Room 105 MEA Bldg., 55 Sherburne Ave., St. Paul 55155; (612) 296-3328. THE MINNESOTA -WISCONSIN BOUNDARY AREA COMMISSION has 1 vacancy open immediately. Must be a resident of Minnesota. The commission makes recommendations on the use, development and protection of the corridor of the St. Croix and Mississippi rivers that forms the interstate border of Minnesota and Wisconsin and assists the 2 states in their participation in federal programs affecting the rivers. Members are appointed by the Governor. Terms are staggered. Bi -monthly meetings; members are reimbursed for expenses. For specific information contact the Minnesota -Wisconsin Boundary Area Commission, 619 2nd St., Hudson, Wisconsin 54016; (612) 436-7131. THE ETHICAL PRACTICES BOARD has 1 vacancy open immediately, for a member of the Democratic - Farmer -Labor Party who has not been a public official, held any political party office other than precinct delegate, or been elected to public office for which party designation is required by statute in the three years preceding the date of appointment, for term expiring in January, 1987. The board administers campaign finance disclosure and public financing for state candidates; economic interest disclosure for state and metropolitan public officials; lobbyist registration and reporting. Members are appointed by the Governor and confirmed by the House and Senate; members serve staggered four-year terms; must file with EPB. Monthly meetings; members receive $35 per diem plus expenses. For specific information, contact the Ethical Practices Board, 41 State Office Building, St. Paul 55155; (612) 296-5148. DL:mk 1 83 university avenue east, st. paul, minnesota 551 01 [B 1 2] 227-5600 "7 MAY 7 1984 CITY OF SHAKOPE5 �1.1'1N GI'I l� V/4/ Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291-6359 May 1, 1984 TO: Local Officials From Municipalities, Townships and Counties in Metropolitan Council Districts 16 and eastern half of 14 This year the Minnesota Legislature passed a bill creating a Regional Transit Board. The Board will coordinate transit operations within the metropolitan area and implement the Metropolitan Council's long-term transit plans; establish a transit information service; adopt a transit service implementation plan; contract with transit operators in the metropolitan area to provide transit services; coordinate special transportation services for the elderly, handicapped or others with special transportation needs; administer contracts for paratransit projects; appoint the members of the Metropolitan Transit Commission; and other transit -related responsibilities. The new Board will consist of fourteen members from the metropolitan area plus a chair to be appointed by the Governor. The Metropolitan Council is required by law to hold a public hearing to accept statements from people who are interested in being appointed and to hear recommendations on appointments. The public hearing for Regional Transit Board Chair will be held on Wednesday, June 6 at 7:00 p.m. in the Metropolitan Council offices, 300 Metro Square Building, 7th and Robert Streets, St. Paul. The Council shall then provide the Governor with a list of nominees for this position. A public hearing will be held for interested parties and applicants for Regional Transit Board District N on Thursday, June 28 at 7:00 p.m. in the Council Chambers of Burnsville City Hall, 1313 East Highway 13, Burnsville. District N has the same boundaries as Metropolitan Council Districts 16 and the eastern half of 14. The deadline for applications is June 6, 1984. Public hearings for all fourteen districts will be held between June 6-28 with the Council making appointments on July 12, 1984. Attached is a list of individual hearings within each district. If you have any questions, contact Bill Lester at 291-6630. Sincerely, ` Maurice K Dorton Staff Administrator MKD:sl An Equal Opportunity Employer ST.FRA71OAK ------- [AST BETHEL BURNS GROvE ANOKA CO. RAYS[t ANDOVER I NAM LAK[ M AS SAN I DAYTON CNA [[M FIELD CORCORAN MAPLE GROVE (FORD HENNE N CO. LOOM RAPIDS Df GILA149 LEXIMGTO SSSEO 11 OUNOf fN0 VIEYI BROOKLYN PARK 12 iRIOIE BROOKLYN NEW •-- CENTER . pIGN N LINWOOD COLUMBUS ( I 1 L I FOlEST LAKE I NEW SCANDIA FOREST LAKE I I LIMO LAK[[ MA C[Ni[fYILLI MAY NUGO IRCLE PINES WASHINGTON CO. IEW 27 , NORTH STIlLWA7ER OAKS WHIT[ BEAR L E GRANT VADMAIS4 NEIGMT$ I ❑LORETTO SAA 013 OI MI L7 y�pQ29 a1�. .n. I4 ILLS EW INDEPENDENCE M[DINA FLY MOUTN 0►E 10 51 LIT 30 0 I AMAOA NORTH ROS[VILLE ST.'PAU MA/LL FLAIN q�! 7 . GOLDEN F L7 $ MAP EWOOD AKDALE LAKE BAYTOWN- VALLEY ` LONG LAK B i / WEST OROMO WAY AT EYA CO • LAKELAND AT[RTOwN y,, 7 MINNETONKA 21 LAK[L 1 MIKN[T MITA �I,{I�^,II! ST/ARN If 2L ^ TAINT /AU HOLLYWOOD i WATERTOWN I 9 1'(�III I P/,PA MI NfUOUf D E[D PNAV[N OPKIN IAS P ST. 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LANDFALL 29 AMERICA [� I CARVER JACKSON SNAKO►EE P al 6 GREEIIWGoo 14 COLUMNIA HEIGHTS 22 NORWOOD I COLOGNE, DANIGREN —11 OAK PAIR MEIGNTS BURMfVILL[ SAVAGE I TOWr1S11I Boundary 7 WOODLAND YOUNG AMERICA I BENTON I 1-- PRIOR I AMLE VALLEY ROSEMOUNT IN(NGER P Y 8 ME DICIM[ IAKE LOUISVILLE LAKE ( MANY OMEDI 32 MAfTINGf0L NAjj ——'�--'— ---- Om/ OA ---I-- ' I SAN FRANCISCO HANCOCK I I ( I VERMILLION I IRAVENNA LAKEVILLL MIR$HAN I SAND CREEK I SPRING LAKE I CREDIT I EMPIRE I l.1 I 1 I I RIVER N FARMINGTON I VERMILLION I ST. LAWRENCE) JO EDAM SCOTT CO. I BELLE PLAIN[ NEW MARKET I I C)NEIW TRIER I I I NAM►TON I BLAKELEY i BELLE PLAINS i HELENA CEDAR LAKE I ( EUREKA CASTLE ROCK I I MIE lLf NEW MARKET I HAMPTON I DOUGLAS I I N AGUEI I LKO JI I1 I ----- I---I---I—RANDOLPH I I RANDOIPN MILES 5 10 13 20 23I I :;R EENVALE WA7ERFORO SCIOTA REGIONAL TRANSIT BOARD DISTRICTS I SPRING PARK 9 MOUND 17 FALCON HEIGHTS 25 GEM LAKE 2 ONOMO 10 NOBBINS.AL1 /8 MENDOTA 26 BIRCHWOOD A N KA County Boundary 3 MIM MLTONKA IEACM 11 SPRING LAKE PARK 19 LILTOALI 27 WHITE BEAR TOMKA AT 12 0 Bounda rY S E%CLLSIOR 13 HILLTOP 21 LANDFALL 29 WILLE ME P al 6 GREEIIWGoo 14 COLUMNIA HEIGHTS 22 OILLW000 30 OAK PAIR MEIGNTS �AMOEN TOWr1S11I Boundary 7 WOODLAND 1S ST. ANTHONY 23 PINE SPRINGS 31 LAKILAND SNORES -- P Y 8 ME DICIM[ IAKE 16 LAUDERDALE 24 MANY OMEDI 32 ST. MARY'S POINT MEMO TO: John K. Anderson, City Administrator FROM: Judy S. Cox, City Clerk RE: Vacation of + 86 feet of Shumway Street South of First Avenue DATE: May 9, 1984 Introduction: A public hearing is scheduled for 7:30 P.M. for consideration of the vacation of Shumway Street beginning at First Avenue South approximately 86 feet. Background: The City has received a petition from the only abutting property owner requesting the vacation of a portion of Shumway immediately South of First Avenue. Shumway does not go through to Second Avenue because of the railroad tracks. If the street is vacated, utility easements should be retained. Alternatives: a) Vacate the street as requested b) Do not vacate the street as requested Recommended Action Offer Resolution No. 2256, A Resolution Vacating That Part Of Shumway Street herein described, and move its adoption. n PETITION FOR VACATION OF PUBLIC STREET To: The Honorable City Council City of Shakopee C/o Ms. Judith Cox, City Clerk 129 First Avenue Shakopee, Minnesota 55379 Ladies and Gentlemen: This Petition is made by C. H. Carpenter Lumber Company, Inc. ("Petitioner") for the vacation of an unopened portion of Shumway Street which lies near where the street as platted intersects with First Avenue in the City of Shakopee, Minnesota. The facts underlying this Petition are as follows: 1. Legal Description of Street. The legal description of the portion of Shumway Street to be vacated is as f_c)llows: That part of Shumway Street as shown on the recorded plat of the City of Shakopee, Scott County, State of Minnesota, legally described as follows to wit: Beginning at the Northeasterly corner of Block 17 of said plat; thence Southerly along the Easterly line of Block 17 a distance of 76.00 feet; then Easterly to a point on the Westerly line of Block 18 of said plat to a point 86.91 feet Southerly of the Northwesterly corner of said Block 18; thence Northerly along said Westerly line of Block 18, a distance of 86.91 feet to the Northwesterly corner of said Block 18; thence Westerly a distance of 80.00 feet to the point of beginning. 2. Abutting Landowners. Petitioner owns the two parcels of land which --lie on either side of the relevant portion of Shumway Street. As a result, Petitioner constitutes a "majority of the owners of land abutting on the street to be vacated" as is required under Minn. Stat. § 412.851.. 3. Legal Description of Petitioner's Land. The legal description of the property Petitioner owns to the west of Shumway Street is as follows: f i .^ W Lots 6 and 7 and the east half of Lot 8, Block 17, except the railroad right of way, City of Shakopee, Scott County, Minnesota, according to the plat of Shakopee City on file and of record in the office of the Register of Deeds in and for said County and State. The legal description of the property Petitioner owns which lies to the east of Shumway Street is as follows: That part of Lots 6, 7, 8, 9 and 10, Block 18, SHAI{OPEE, Scott County, Minnesota lying northerly of the following described line: Commencing at the northeast corner of said Block 18; thence southerly along the easterly line of said Block 18, a distance of 127.92 feet to a point distant 10.00 feet northerly of the centerline of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company spur track, the point of beginning of the line to be described; thence westerly along a line drawn parallel with and distant 10.00 feet northerly of the centerline of said spur track to the west line of said Block 18, and there terminating, a parcel containing 30,351 sq. ft., more or less. 4. Graphical Depiction of Relevant Parcels. The portion of Shumway Street to be vacated is outlined in red on Exhibit A attached hereto. The two parcels of land owned by Petitioner also appear on Exhibit A outlined in green. Also attached as Exhibit B is a plat of the City of Shakopee which shows the location of the Chicago, Milwaukee, St, Paul. and Pacific railroad spur track. This track lies south of Petitioner's property and crosses an unopened portion of Shumway Street, as more fully explained below. 5. Statement of Purpose. Petitioner presently owns and operates a lumber yard on the two parcels of land which lie on either side of. Shumway Street. Although the street appears on thFe plat of the City of Shakopee, the portion which is the subject of this petition has never been opened. As a result, :tet serves no public purpose or use at this time. Furthermore, it is unlikely that this section of the street will ever serve as a public acces_, because the railroad's spur tracks cross the platted street just to the south of Petitioner's property. Vacating this portion of the street will not therefore deprive the public of any useful or beneficial right. 2 :1 Indeed, the public interest is served by vacating this part of the street for several reasons. If this petition is granted, Petitioner will construct a fence enclosing the lumber yard it operates on the adjacent parcels. Construction of this fence will allow Petitioner both to enhance the security of its business operations and to increase the public safety because the fence will prevent unauthorized individuals from entering Petitioner's premises. 6. Representation. Petitioner will be represented during this proceeding by Robert Friendshuh of C. H. Carpenter Lumber Company and by Elizabeth J. Andrews of Briggs and 11orgari, P. A., attorneys for the Petitioner, W2200 First National Bank Building, 332 Minnesota Street, Saint Paul, Minnesota, 551.01. Respectfully submitted this 28th day of Marcn, 1984. 3 C C . H . CARPENTER LUMBER COMPANY, INC . By:_ n -s LL Z LL U� } �Ok b i7 k . 0 J 1 - J O� T E cn LL Z LL 13381S 13381S SL 133a1S 133a1S CL 1.1 o s U� } �Ok k 13381S 13381S SL 133a1S 133a1S CL 1.1 o s o�__-�-- db AL 1 XGM W n H S 30a31d } o�__-�-- db AL 1 XGM W n H S 30a31d 7 Cc RESOLUTION NO. 2256 A RESOLUTION VACATING THAT PART OF SHUMWAYSTREET HEREIN DESCRIBED WHEREAS, it has been made to appear to the Shakopee City Council that all that part of Shumway Street South of First Avenue in the City of Shakopee described in Exhibit A hereto attached and made a part hereof no longer serves any public interest or use save and except for the maintenance of public utilities; and WHEREAS, a public hearing to consider said vacation was held in the Council Chambers of the City Hall in the City of Shakopee at 7:30 p.m. on the 14th of May 1984; and WHEREAS, two weeks' published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Court House, on the bulletin board in the Shakopee City Hall and on the bulletin board at the Shakopee Public Utilities; and WHEREAS, all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1.. That it finds and determines that the vacation herein- after described is in the public interest and serves no further public need as a street, 2. That all that part of Shumway Street in the City of Shakopee described in Exhibit A hereto attached be, and the same hereby is vacated; 3. That the City reserves, however, to the City of Shakopee its licensees and franchise holders a perpetual 80foot wide ease- ment on, under and over the said partial vacated street for utilities with the right to install, maintain, repair, lay and re-lay the utilities by the City, its licensees and franchise holders. 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Sha opee, Minnesota, held this day of 1984. Mayor --the Ci fy o Shakopee ATTEST: City er —� ATTACHMENT A That part of Shumway Street as shown on the recorded plat of the City of Shakopee, Scott County, State of Minnesota, legally described as follows to wit: Beginning at the Northeasterly corner of Block 17 of said plat; thence Southerly along the Easterly line of Blockl7a distance of 76.00 feet; then Easterly to a point on the Westerly line of Block 18 of said plat to a point 86.91 feet Southerly of the Northwesterly corner of said Block 18; thence Northerly along said Westerly line of Block 18, a distance of 86.91 feet to the Northwesterly corner of said Block 18; thence Westerly a distance of 80.00 feet to the point of beginning. 76 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Vacation of Alley South of 10th Avenue Between Apgar and Shumway DATE: May 10, 1984 Introduction A public hearing is set for May 15th at 7:40 p.m. for consideration of the vacation of the alley south of 10th Avenue between Apgar and Shumway. Background The City has received a petition from 100% of abutting property owners for the vacation of the said alley. The garbage truck does not use the alley. A utility easement should be retained, if vacated. Alternatives 1. Vacate alley. 2. Do not vacate alley. Recommended Action Offer Resolution No. 2257, A Resolution Vacating the Public Alley in Block 1, According to the Plat of Terrence Addition, Scott County, Minnesota, and move its adoption. JSC/jms PETITION FOR STREET OR ALLEY VACATION DATE <`7 We the undersigned, owners of the following described real property, abutting on the street or alley in question, hereby petition the City Council of the City of Shakopee to vacate the following (Street) (Alley):! lying between ?! St./Ave., and between St./Ave. r' PETITIONER 7 -�- LOT FLOCK is � —---�__° � , ti�._� •�,f; I hereby verify that I circulated the above petition and that the above signatures of the property owners and pet�.tioners were affixed in my presence. ' Circulator Approved this day of , 19 City Attorney_ I -� RESOLUTION NO. 2257 A RESOLUTION VACATING THE PUBLIC ALLEY IN BLOCK 1, ACCORDING TO THE PLAT OF TERRENCE ADDITION, SCOTT COUNTY, MINNESOTA WHEREAS, the alley in Block 1, Terrence Addition was platted and dedicated to the public use; and WHEREAS, it has been made to appoar to the Council that it would be to the best interests of. the general public to vacate said alley; and WHEREAS, the Council has set a date for a public hearing at which time to consider said vacation and due notice of the hearing has been given, as prescribed by law; and WHEREAS, all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee; and WHEREAS, the Council has been fully advised in all. things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation of the alley hereinafter described is in the public interest and serves no further public need as an alley. 2. That the alley in Block 1, according to the plat of Terrence Addition, Scott County, Minnesota, is hereby vacated, 3. That the City reserves,however, to the City of Shakopee, its licensees and franchise holders a perpetual 16 -foot wide ease- ment on, under, and over the said vacated alley for utilities with the right to install, maintain, repair, lay and re-lay the utilities by the City, its licensees and franchise holders. 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council. of the City of Shakopee, Minnesota,—field this 15th day of May,1.984. Mayor or_E_Rei� ty o£--Sfiakopee ATTEST: City er MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Council Participation in Plan Amendments for Zoning Changes DATE: May 11, 1984 Introduction: With the Racetrack Area Plan underway, staff is interested in determining the level of participation that Council wishes to exercise in reviewing plan amendments for zoning changes. Background: On April 26, 1984 a joint discussion was held among the Planning Commission, City Council, ICC and other interested parties regarding anticipated development as a result of the racetrack approval. Since that time, staff has met with John Shardlow, the planner who will be assisting in the Racetrack Area Plan, to determine how we shall proceed. As a result, the following is an outline of procedure: 1. Distribution of a questionnaire regarding general development concepts to achieve a consensus from Council, Planning Commission, ICC and other interested parties. 2. Consideration of existing land uses. 3. Consideration of permitted and conditional uses. 4. Consideration of building and design standards. 5. Recommendations. It would be desirable to continue the discussions regarding the Racetrack Area Plan through joint discussions of the City Council, Planning Commission, ICC, etc. due to the time restric- tion of the 90 day moratorium. In fact, the Planning Commission has a previously scheduled meeting on May 24, 1984 at 7:30 P.M. at which time staff would like to collect the questionnaires (which shall be distributed soon) and begin discussions. Alternatives: The following alternatives are provided to help determine to what extent Council wishes to be involved with the Racetrack Area Plan: 5 1Y 1. Direct the Planning Commission to hold all the public meetings with the Council, ICC, etc. notified of their time, place and agenda. Any recommended amendments would then follow standard procedure as defined in the code. 2. Have the City Council hold all public meetings, with Planning Commission, ICC, etc. notified of their time, place etc., then have recommended amendments follow standard procedure. 3. Conduct seperate discussion meetings with Planning Commission, ICC and City Council. 4. Conduct joint meetings of the Planning Commission and City Council, with both bodies convening, recording minutes, making motions, etc. This could cause some confusion with quorums, motions, etc. Recommendation: It is recommended that alternative no. 1 is chosen. In this event, the next public discussion will be Thursday, May 24, 1984, at 7:30 P.M. Action Requested: Motion to direct the Planning Commission to hold all the public meetings regarding the Racetrack Area Plan with members of Council, ICC and other interested parties notified of their time, place and agenda. TO: John K. Anderson FROM: Jeanne Andre, Community Development Director RE: Termination of Membership on Downtown Committee DATE: May 10, 1984 At its May 2, 1984, meeting, the Downtown Committee requested the City Council to terminate Mr. Terry Klinger°s membership on the Committee. Mr. Klinger has not attended any meetings since his appointment and I understand a change in his employment has probably diminished his interest in the downtown. The Downtown Committee previously provided that membership should be terminated if a member misses three suc- cessive meetings without prior approval of the absences. Requested Action: Terminate Terry Klinger from membership on the Downtown Committee, due to his lack of attendance at the meetings. ■ TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Presentation of Downtown Development Plan DATE: May 3, 1984 Introduction: In the months following the adoption of the Downtown Concept Plan (Alternative B-1, Revised) the Downtown Committee has been working on a Redevelopment Plan which determines how the City can implement downtown revitalization. The Committee will soon be ready to present the Plan to the public, various City Commissions and the City Council. Background: The Proposed Redevelopment Plan is a lengthy document (probably 100 plus pages) that addresses many policy issues related to downtown redevelopment. Although parts of the document include information already shared with a wider audience (base data, survey results, market study, etc.) some information has been seen and discussed only by the Downtown Committee. The Committee has recommended the following approach to present the new information. 1. Public Meeting - June 26, 1984, 7:00 P.M. A public meeting will be held with a special invitation to downtown property owners and businessmen to present the plan and receive comments. Other City officials are also invited to hear first-hand the public comments. This meeting will probably be held in the First National Bank Community Room, although this site has not been con- firmed. 2. Industrial Commercial Commission (ICC) July 11, 1984 s!nn P_M_ _ The information will be presented to ICC members who will be asked to make a recommendation to City Council. regarding the adoption of the plan. 3. Planning Commission - July 12, 1984, 7:30 P.M." The Plan will be presented to the Planning Commission which will be asked to comment, with particular atten- tion to items in the Plan related to the zoning, sign and subdivision ordinances. The Planning Commission recommendation will also be forwarded to the City Council. Y a- 4. City Council - July 17, 1984, 7:00 P.M.* The Council will receive the plan, with comments and recommendations of the public and the commissions, and act upon it. The purpose of this memo is two -fold, first to _request the affected bodies to confirm that the proposed dates will be accept- able to them. If the ICC, Planning Commission, or City Council would prefer to hold a special meeting to hear the presentation, I should know as early as possible so that I can adjust the schedule accordingly. The second purpose is to request persons to mark their calendars and plan to attend both the public meeting and relevant commission meetings. This is a crucial point for downtown redevelopment and there is a great need for debate and concensus building by all those who are affected. * ICC Comments: The ICC reviewed this schedule at their May 9th meeting. They are supportive of the Downtown Committee conducting a public meeting prior to ICC consideration of the plan and think the timing of the public meeting and ICC review is acceptable. However the ICC is sceptical that it can forward its comments to the City Council by July 17th and would like the Council to consider delaying its review of -the plan until. its August 7th meeting. Unless Council wants to hold a special meeting for the plan review, this issue can be left to staff disgression. If ICC and Planning Commission comments are ready by July 17th, staff can include the plan review on that agenda. otherwise it will be delayed until the August 7th agenda. * * Planning Commission Comments: The Planning Commission reviewed this schedule at their May 10th meeting and found the proposed dates acceptable to them. FES MEMO TO: Mayor, Council Members FROM: Tom Brownell., Chief of Police SUBJECT: Taxicab License Code Revision DATE: May 2, 1984 Introduction: On April 17, 1984, Council declared a sixty day moratorium on the licensing of taxicabs so that the present City Code could be revised to provide better consumer protection. Background: Ordinances regulating the licensing and operation of taxicabs were obtained from the League, Minneapolis, St. Louis Park and Bloomington. The recommended Shakopee Taxicab City Code was drafted from the Bloomington Ordinance, as it affords the best consumer protection and is the most enforceable of the group reviewed. The draft has been reviewed by the City Attorney and revised as recommended. The possibility of not regulating taxicabs was discussed with the City Attorney, who advised against non -regulation. I was unable to locate a community which does not regulate taxicabs whose service originates within the community. Alternatives: 1. Adopt the recommended City Code regulating the licensing and operation of taxicabs. 2. Do not regulate taxicabs within the City of Shakopee. 3. Do not revise the present City Code regulating taxicabs. Recommendation: Alternative 1, adopt the recommended City Code regulating the licensing and operation of taxicabs within the City of Shakopee. Council Action Reauested: Direct the City Attorney to prepare the proper ordinance amending the City Code regulating taxicabs. w SHAKOPEE TAXICAB AND DRIVERS CITY _CODE The following words and terms, when used in this Section, shall have the following meanings, unless the context clearly indicates otherwise: Person - includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association. Rate card - a card issued by the City for display in each taxicab which contains the rates of fare then in force. Taxicab - a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of no more that seven passengers and not operated on a fixed route. Also, it may include the carrying of small parcels and packages. laxi em ter - a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. TAXICAB LICENSE REQUIRED (a) No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City without having first obtained a license from the City, except as otherwise permitted under this Section. (b) Any taxicab license to operate in another political subdivision of this state may carry passengers to any place or point within the City; but neither the owner nor operator of such vehicle shall be permitted to solicit or pick up business within the City except: (1) where a return trip to the political subdivision in which the taxicab is licensed has been previously arranged, or (2) when a taxicab is called into Shakopee by a fare that wishes to be taken to a political subdivision in which the taxicab is licensed. The Minneapolis -St. Paul International Airport -- Wold Chamberlain Field -- shall be deemed a political subdivision for the purposes of this Section. (c) There shall be a presumption that the owner or operator of any taxicab not licensed in the City who carries or picks up passengers within the City is operating in violation of this Section, and the burden shall be upon the owner or operator of such taxicab to prove that his activities are permitted under the exceptions provided in subsection (b) of this Section. 7 �_ Application shall be filed with the City Clerk upon forms provided, and said application shall furnish the following: (1) The name, date of birth, and address of the applicant. (2) The financial statues of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgment. (3) The experience of the applicant in the transportation of passengers. (4) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a license. (5) The number of vehicles to be operated or controlled by the applicant, the location of proposed depots and terminals, the owner of said vehicles, and the license number of each vehicle. (6) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. (7) A statement signed by the applicant indicating his understanding that falsification of any item on the application is sufficient reason upon which to base a denial of said license or termination thereof. (8) Such further information as the Council may require. PUBLIC HEARING Upon the filing of an application, the public hearing before the City Council. the applicant and to all licensees. newspaper at least ten days prior to IaSUANC OF TAXICAB LICENSES City Clerk shall set a time and place for a Notice of such hearing shall be given to Due notice shall be given in the legal such hearing. (a) If the City Council finds that further taxicab service in the City is desirable for the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this section, the City Council shall grant a license stating the name and address of the applicant and the number of vehicles authorized under said license; otherwise, the application shall be denied. (b) In making the above findings, the City Council shall take into consideration the number of taxicabs already in operation. (c) The City shall issue a numbered identification tag which shall be displayed upon the rear exterior of each licensed vehicle at all times during the license period. :• i •'Ji M, (a) No license shall be issued or continued in operation unless there is in full force and effect a liability insurance policy for each vehicle authorized in the amount of $100,000.00 for bodily injury to any one person, in the amount of $300,000.00 for injuries to more than one person which are sustained in the same accident, and $50,000.00 for property damage resulting from any one accident. Said insurance shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his servant, or agents. A certificate of insurance conveying the aforementioned insurance shall be issued in favor of the City of Shakopee and shall be filed with the City Clerk. This certificate shall contain a ten-day notice of cancellation. (b) The Council may in its discretion allow the holder to file in lieu of an insurance policy a bond or bonds issued by a surety company authorized to do business in the State of Minnesota. (c) If the applicant for a license under this Section had qualified as a self -insurer under M.S.A.* 170.52 as amended and has filed with the City Clerk a certified copy or a duplicate original of his self- insurance certificate issued by the State Commissioner of Highways, then no policy of insurance or surety bond shall be required to be filed with the City. No license shall be issued or continued in operation unless the holder thereof has paid the annual license fee as described: Company $250.00, Each driver $25.00, Each taxi $20.00, all fees annual. (a) No license may be transferred. (b) Any sale, assignment or mortgage of a taxicab shall be reported to the City Clerk. A license issued under the provisions of this Section may be revoked or suspended by the City Council in accordance with the procedures outlined if the holder thereof has violated any of the provisions of this Section; discontinued operations for more that 60 days, or has violated any ordinances of the City or any law of the United States or State of Minnesota, which violation reflects unfavorable on the fitness of the holder to offer public transporation. ': 1. t 1 No person shall operate a taxicab for hire upon the streets of the City and no person who owns or controls a taxicab shall permit it to be so driven unless the driver of said taxicab has a current and valid taxicab driver's license issued under the provisions of the Section. (a) Application for a taxicab driver's license shall be filed with the City Clerk on forms provided which shall contain the following: ( 1 ) The names and addresses of two residents of the State of Minnesota who have known the appplicant for a period of not less than two years and who will vouch for the sobriety, honesty, and general good character of the applicant. (2) The experience of the applicant in the transportation of passengers and a listing of all previous employment in transporting persons, if any. (3) The educational background of the applicant. (4) A history of employment for the past ten years. (5) Age and date and place of birth. (6) Home address. y� (b) Each application shall include a certificate from a physic ianlicensed by the State of Minnesota that, in his opinion, the applicant is not afflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver. (c) At the time of the application, the applicant shall pay the City the sum of $25.00. The applicant must have a valid State of Minnesota driver license. In no event shall a license be issued to a person under 18 years of age. The state driver license shall reflect the applicant's current home address. INVESTIGATION OF APPLICANT The Police Department shall conduct an investigation of each applicant, and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the City Clerk. "Of 41iou"Off-WhIR] The Issuing Authority upon consideration of the application and the reports attached thereto shall approve or reject the application. (1) If the application is rejected, the applicant may request a personal appearance before the Council to offer evidence why his application should be reconsidered. (2) If the application is approved, the Issuing Authority shall issue a license to the applicant which shall bear the name, address, age, signature, and photograph of the applicant. (3) Such license shall be in effect for the remainder of the calendar year. A license for every calendar year thereafter shall be issued upon payment of $25.00 unless the license for the preceding year has been. revoked. [1111011)? ► • i _ l _ • 1 _ i l _ _ (a) The Issuing Authority shall not issue a taxicab driver's license to anyone who has had his or her driving privileges suspended, revoked, or. cancelled within one year of the date of application. (b) The Issuing Authority, and the City Council upon appeal, may take the applicant's driving record into account in approving the license; and if it is found that the person is an habitually reckless or negligent driver or an habitual violator of the traffic laws, the Issuing Authority or City Council may deny issuance of the license or renewal. (c) Falsification of an application for a taxicab driver license constitutes grounds for denial of the license or renewal. (d) No license shall be issued to an applicant who has been convicted of any crime or crimes directly relating to the occupation of taxicab driver, as defined by M.S.A.* 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation of taxicab driver, as defined by M.S.A.* 364.03, subd. 3. IS LICENSE % -,� Every driver licensed under this Section shall keep the City -issued license in full view of all passengers while such driver is operating a taxicab. SUaPLA$ION A D REyOCATION OF DRIVER'S LICENSE The City Council may suspend any driver's license issued under this Section in accordance with the procedures outlined in this Code for the licensee's failure or refusal to comply with the provisions of this Chapter or other applicable state or Federal law. Prior to use and operation of any vehicle under the provisions of this Section said vehicle shall be thoroughly examined and inspected by an inspection service authorized by the Police Department. Subsequent inspections will be required not less that once every 180 days. The intent of such inspection is to insure compliance with all applicable safety requirements of the State of Minnesota and any rules established by this Code or the Police Department. All taxicabs shall be equipped with taximeters which are visible to passengers at all times. After sundown, the face of the taximeter shall be illuminated. It shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. It shall be sealed at all points and connections where manipulation would affect correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed or not employed. It shall be the duty of the driver to throw the flag into a nonrecording position at the termination of each trip. Any inspector or other officer of the Police Department is hereby authorized to inspect any meter with or without complaint of any person. Upon discovery of any inaccuracy therein, the person operating said taxicab shall be notified to cease operation; and said taxicab shall be kept off the highways until the taximeter is repaired and. in the required working condition. sem. •--� 110 s� (a) Prior to issuance of a taxicab license, the applicant shall submit his rate schedule to the City Council. These rates shall be uniform to all passengers. Any increases in the rates shall be subject of approval by the City Council. (b) Every Taxicab operated under this Section shall have a. rate card. setting forth the authorized rates of fare which shall be displayed in such a place as to be in view of all passengers. KJON-0-9 driver of any taxicab shall upon demand by the passenger render a receipt for the amount charged on which shall be the name of the owner, the license or motor number, the amount of the meter reading or charges, and the date of the transaction. REFUSAL TO PAY LEGAL FAREl It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in the Section after having hired the same, and it shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the value of such service. Violation punished as a misdemeanor. Drivers of taxicabs shall not receive or discharge passengers in the roadway, but shall pull up to the right-hand sidewalk as nearly as possible or in the absence of a sidewalk to the extreme right-hand side of the road and there receive or discharge passengers. On one-way streets, passengers may be received or discharged at either the right or left-hand sidewalk or on the side of the roadway in the absence of a sidewalk. In addition, persons may be received or discharged on private property. No more than two persons in addition to the driver shall be carried in the front seat of any taxicab; and no more that a total number of seven passengers, excluding the driver, shall be carried in any taxicab. No driver shall refuse or neglect to convey any orderly person or person upon request, unless previously engaged or unable or forbidden by the provisions of this Section to do so. Every driver shall maintain a daily manifest upon which are recorded all trips made each day showing the time and place of origin, the destination of each trip, and amount of fare. All completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. All manifests shall be available to the City Clerk and the Police Department. Every holder of a license shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next preceding the current calendar year. M E M O R A N D U M TO: John K. Anderson/City Administrator FROM: H.R. Spurrier/City Engineer RE: Eaglewood Roadway Feasibility Report DATE: May 11, 1984 Introduction: At a meeting May 1, 1984, City Council requested that staff immediately begin work on the analysis of the roadway problems in Eaglewood. Background: In order to accomplish this I have requested a proposal from Braun Engineering which has not arrived at this time. However, I will review the proposal on May 14th and make a recommendation. to City Council regarding its acceptance. The work to be undertaken by Braun Engineering represents the most time consuming elements of feasibility report preparation. Therefore, I expect to be able to undertake feasibility report preparation in-house. City staff may be unable to undetake the design work if work- load level is to high at the time we receive Braun's recommenda- tions. I have attached two Resolutions ordering the feasibility report because at this time I still am not certain whether a petition from thirty-five percent of the property owners will be delivered to the City, in which case I have attached a Council initiated Resolution. Action Requested: Adopt the appropriate Resolution ordering the Feasibility Report for the Improvement of the Streets in Eaglewood Additions. HRS:cah Attachment HPAUfl- ENGINEERING TESTING I "—pora1c0 MINNESOTA: Minneapolis, Hibbing, St. Cloud, Rochester, St. Paul NORTH DAKOTA: Williston MONTANA: Billings May 10, 1984 City of Shakopee 129 E. 1st Street Shakopee, MN 55379 Attn: Bo Spurrier Services Since 1957 J S BRAUN, P.E. G D KLUEMPKE, P E P.H. ANDERSON DALE R. ALLEN, P.E C.G. KRUSE, P.E. JAMES J. CRAIG. Jr . P E DR HAUSLER, P.E. Reply To: P.O. Box 35108 Mpls., MN 55435 (612) 941-5600 RE: PROPOSAL FOR SOIL BORINGS, ENGINEERING REPORT SERVICES & CONSTRUCTION TESTING Street Reconstruction Eaglewood Subdivision County Road 17 South of County Road 14 Shakopee, MN Mr. Spurrier: As requested by your telephone call of May 7, 1984, we are pleased to furnish this proposal for the taking of soil borings and preparation of an engineering analysis and report for the above referenced project. In addition, this proposal outlines our proposed services during construction. DESCRIPTION OF PROJECT The project involves reconstruction of the existing streets in Eaglewood Subdivision. Approximately 3/4 of a mile of street reconstruction is proposed. ___ CON$ me � cnn c nnln nnn-rGralel g 1 V V II Affiliated Company for Chemical & Environmental Testing and Consulting — Braun Environmental Laboratories, Inc. City of Shakopee -2- May 10, 1984 SCOPE OF SERVICES We have reconned the site and propose 8 to 10 power auger borings in the severely rutted and failing areas of the streets. Borings will be taken to a depth of 10 to 15 feet. Laboratory tests will be conducted to provide additional data as a basis for making engineering recommendations. Potential tests include Hveem Stabilometer ("R" value tests), hydrometer analysis, Atterberg limits, moisture contents and classification tests. The engineering report furnished will give recommendations regarding subgrade correction, drainage, and pavement design. Alternatives will be discussed regarding design and construction and use of alternative materials and construction techniques. During construction we propose to furnish an engineering assistant and technician on an on-call basis to make and record observations of excavations and conduct testing of earthwork and bituminous placement. Results of the construction testing will be periodically reviewed by a project engineer. The intent of these services is detailed in the attached. General Conditions. The concluding engineering report will include a summary of results of the observations and give professional opinions on the conformance of the earthwork and bituminous placement to these specifications. BASIS FOR PROPOSAL Soils Investigation We will furnish these services on an hourly or unit cost basis as stated in the attached hourly or unit cost SCHEDULE OF CHARGES. The borings are accessible to a truck -mounted drill rig. The borings would thus be performed with equipment described in sections 201b and 203. We estimate that the mobilization, demobilization, and drilling will require approximately 8 hours, so the estimated cost of field services is $675. The laboratory tests will be conducted in accordance with section 300. The estimated cost for those services is $680. . City of Shakopee -3- May 10, 1984 We estimate the cost of the engineering services, in accordance with section 100, at $900. The total projected cost of the field investigation, laboratory tests and engineering report is then $2255.00. Construction Testing and Observations We will furnish these services on an hourly or unit cost basis as stated in the attached hourly or unit cost SCHEDULE OF CHARGES. The time required for our services will be dependent upon the scheduling, progress and suitability of work of the contractor. We have estimated, for the first season of construction, approximately 8 hours of excavation observations, 20 compaction tests of the subgrade, and 16 compaction tests on the gravel base will be required. It is currently estimated that approximately 8 to 10 hours by an engineering assistant and approximately 25 to 30 hours by a technician will be required, so the estimated cost of services is $1,500.00 to $3,000.00. The second season of construction testing, which will include additional gravel base testing and bituminous testing, is estimated to require approximately 25 to 30 hours, so the estimated cost of services is $800.00 to $1,000.00. This estimated cost is based on 4 hours of subgrade observation, 8 to 10 compaction tests, 8 bituminous cores, 8 densities and thickness measurements, 1 Marshall density and 1 extraction/gradation. SUMMARY We understand that you require a not -to -exceed figure for soil borings and 2 seasons of construction testing. The not -to -exceed figure is based using the upper limits of the construction testing range of costs and should be noted as such. The not -to - exceed figure is then $6,255.00. GENERAL Current scheduling will permit us to begin these services within approximately 3 days of receipt of authorization. On the order of 1 1/2 to 2 weeks would be required for the field investigation, and preparation of the engineering report. If your project requires faster scheduling, please contact us. City of Shakopee -4- May 10, 1984 Terms on payment for services are net 30 days with interest added to unpaid balances. The attached GENERAL CONDITIONS which are a part of this contract. We appreciate the opportunity to present this proposal. This proposal is being presented in duplicate so that one copy may be signed and returned as an authorization to proceed. If there are questions on this proposal, please do not hesitate to contact us at your earliest convenience. Very truly yours, BRAUN ENGINNEJERING TESTING, INC. ames M. Samuelson Senior Engineering Assistant JMS:gec Enclosures: SCHEDULE OF CHARGES GENERAL CONDITIONS GC:SI, GC:CT ACCEPTANCE OF PROPOSAL Date Client's Name Authorized Signature Title BRAUR'" ENGINEERING TESTING ❑ MINNEAPOLIS 6800 S. County Rd. 18, P.O. Box 35108, Mpls., MN 55435-0108 Additional or affiliated offices in: ❑ CENTRAL MINNESOTA 1520 - 24th Ave. N., P.O. Box 189, St. Cloud, MN 56302-0189 Hibbing, Minnesota ❑ SOUTHERN MINNESOTA 1704 - 3rd Ave. S.E., Rochester, MN 55901-7921 Williston, North Dakota ❑ ST. PAUL 235 Roselawn Ave., St. Paul, MN 55117-1940 Billings, Montana Environmental testing and consulting SCHEDULE OF CHARGES services available at all locations through: 8 Et 1 L b --rig- Inc 100 ENGINEERING CONSULTING SERVICES Per Test Field and Other Services, per hour Reg. Over Double Time Time Time 01. Engineering Technician 1 $28.00 $35.00 $42.00 02. Level I NDT Technician 31.00 38.00 46.00 03. Eng. Tech. II or Level 11 NDT 35.00 42.00 52.00 04. Engineering Assistant 40.00 50.00 60.00 05. Senior Engineering Assistant 45.00 57.00 68.00 06. Level III NDT 45.00 1. Wash through #200 sieve only 07. Engineer or Geologist 45.00 28.00/hr. 08. Registered Professional Engineer 55.00 52.00 09. Senior Staff Engineer 65.00 Moisture Content and Density (Mercury Immersion 10. Principal of Firm 80.00 NOTE: Reduced weekly & monthly rates available for continuous service. 200 SITE EVALUATION SERVICES holes (when more economical than recovering 01. Drill Rig and Personnel Charges' supplies at normal hourly rates) or per diem expenses a) CME 55 or 75 drill rig taking penetration test borings on projects more than daily travel distance from (ASTM D1586-7) or power auger borings, using solid/< location where equipment is based. or 21" or 3v<" I.D. hollow -stem augers or rotary drilling 02. Equipment Charges for Other Field Testing Services (in addition methods, with crew chief and drill rig assistant. $90.00/hr. b) CME 45C drill rig per above. 80.00/hr. c) CME 45 power auger taking power auger borings b) Diamond core drilling (ASTM D2113) hourly rates (ASTM D1452) for soil classification and water level plus 1.15 times actual diamond bit wear. Cost + 15% determinations only, with crew chief and drill rig 12.00/hr. assistant. 65.00/hr. d) Two-man field crew on surveying, taking hand auger Per Test probings or other field tests. 65.00/hr. e) Extra crew man - when special conditions require Proctor - modified or standard (ASTM 01557 or D698) to facilitate operations (in addition to hourly charges in "a" through "d" above): $47.00 1) regular time basis 28.00/hr. 2) overtime basis 38.00/hr. I) Overtime addition to all 2 -man crew operations for 40.00 work on Saturday as requested by client or in excess 1. Wash through #200 sieve only of 8 hours per day on weekdays. 28.00/hr. 'Hourly rates apply for travel and when conducting 52.00 tests and are for regular time (8 hours or less on week- Moisture Content and Density (Mercury Immersion days) and do not include truck or carrier rental or use, supplies consumed in drilling or abandoned in test 21.50 holes (when more economical than recovering Moisture Content supplies at normal hourly rates) or per diem expenses I. on projects more than daily travel distance from 40.50 location where equipment is based. Liquid Limit (ASTM 0423) 02. Equipment Charges for Other Field Testing Services (in addition to drilling equipment, when required, or field crew). Max -min density of cohesionless soils (ASTM 02049) a) Thin wall sample tubes (ASTM D1587) each i. plus sampling tube cost. $10.00/sample b) Diamond core drilling (ASTM D2113) hourly rates Organic Content (ignition method) plus 1.15 times actual diamond bit wear. Cost + 15% c) Dutch friction -cone soundings. 12.00/hr. d) Vane shear test (ASTM D2573). 7.00/hr. e) Screw-plate test. 7.00/hr. f) Electrical resistivity testing. 10.00/hr. g) Refraction Seismic surveying. (1) h) Digitilt Inclinometer. (1) i) Pore Pressure Indicator. (1) I) Pressure Meter. $200.00/day k) Surcharge for use of 6" I.O. stem auger $15.00/hr. 1) Organic Vapor Analyzer 15.00/hr. - 90.00/day 03. Truck Rental, Mileage and Other Expense Charges. a) Auxiliary truck for transporting crew and supplies: of loadings required for a specific soil 1) per day 40.00 2) per mile 0.45 b) Drill Rig Truck: 1) per day 80.00 2) per mile 0.55 c) Flotation Tired Drill Rig Carrier 27.00/hr. d) Flextrac-Nodwell FN -160 Rubber Tracked Carrier r. (10 -foot wide unit) 32.00/hr. e) Low -Boy Tractor/Trailer to haul 203c and 203d - Permeability (does not include sample Metro area $85 per one-way trip (not to exceed $135/day). Outside Metro area - $1.00/mile t. (round trip basis). Stand by - $75/day 25.00 (1) Quoted on an individual basis. (2) All tests F.O.B. laboratory raun nvtronmen a a o a f) Materials for specialized unrecoverable installations such as piezometers, well -points, settlement plates, etc. Rental of road signs, special insurance, permits. Consumable supplies such as roller bits, drilling fluid additives, etc. Cost + 15% g) Replacement of abandoned or ruined equipment per 201. Cost h) Subcontracted specialized services such as snow plowing, grading for access, towing, etc. Cost + 15% i) Welder or shop person on fabricating, steam cleaning, assembly, or loading of specialized equipment $35.00/hr. 300 LABORATORY TESTS OF SOILS Per Test except as noted (2) a. Proctor - modified or standard (ASTM 01557 or D698) 1. Method A $47.00 2. Methods B, C, or D 59.00 b. Mechanical Analysis (gradation) (ASTM D422) 40.00 1. Wash through #200 sieve only 18.50 c. Mechanical -Hydrometer Analysis (ASTM D422 & D1140) 52.00 d. Moisture Content and Density (Mercury Immersion Method) 21.50 e. Moisture Content 8.50 I. Atterberg Limits (ASTM D423 and D424) 40.50 g. Liquid Limit (ASTM 0423) 27.00 h. Max -min density of cohesionless soils (ASTM 02049) 90.00 i. Specific Gravity (ASTM D854) $29.00 to $50.00 j. Organic Content (ignition method) 24.50 k. Sample preparation (ASTM D421 or other applicable method) 34.00 I. Unconfined Compression (ASTM D2166): (1) Maximum stress at failure 27.00 (2) Complete stress -strain curve 30.00 m. Consolidation -primary consolidation curve up to 32 tsf. Cost varies depending upon number of loadings required for a specific soil (1) n. Direct Shear (per normal pressure) $50.00 to $250.00 o. Triaxial Compression - ASTM D2850 (per confining pressure) $50.00 to $210.00 p. Hveem Stabilometer ("R" value test) $100.00 to $200.00 q. California Bearing Ratio, per specimen (1) r. pH determination - by meter 8.50 s. Permeability (does not include sample preparation or Proctor if required) $90.00 to $250.00 t. Electrical resistivity of soils 25.00 (1) Oxidation reduction 30.00 (2) pH determination 8.50 u. Torvane Shear or pocket penetrometer 7.00 v. Shrinkage Limit (ASTM D427) 29.00 w. Extrusion of thinwall sample for visual examination - No tests conducted 9.00 x. Specialty testing (sulfate, etc.) - hourly basis as in "100" above y. Topsoil testing (MN/DOT 3877) 85.00 z. Sample pick-up - hourly basis as in "100" plus mileage 400 CONSTRUCTION CONTROL TESTING & OBSERVATION 01. Earthwork (Excavation observations, compaction control testing, special foundation installations) a. Engineering consulting services as in "100" above, as required. b. Resident observations and testing services, including soil compaction control testing, Proctor tests, earth- work observations and/or other field testing of soil. Hourly rate as shown in "100" above. 1. Nuclear moisture -density meter charge in addition to hour rates in "100" above $11.00/h r. c. Field laboratory rental, if required. (1) 1/15/84 M. CM. SM d. Intermittent testing services by soils Per test g• Thickness and density of pavement cores 18.(:'11 technician or returning to laboratory for except as noted (2) 1. Density only 13.50 processing samples. h. Voids analysis of compacted mix (in addition to 1. Compaction Test, Sand -Cone Method "b" and "d") 12.00/mix ASTM D1556, or Nuclear Method ASTM D2922 (normal conditions) $17.50 i. Nuclear density of pavement (ASTM D2950) - (per 100) 2. Laboratory Proctor Test - Standard or j. Moisture content of bituminous hot mix 22.00 Modified (ASTM D698 or D1557): k. Observation of bituminous production or 1) Method A 47.00 placement including inspection at batch plant 2) Method B, C, or D 59.00 and job site checking batch weights, moisture 3. Max -min density of cohesionless soils and temperature. Hourly basis as in "100" above. (ASTM D2049) 90.00 I. Sampling or sample pick-up - hourly basis as in 4. Sample preparation, if required 34.00 "100" plus mileage e. Origination and Trip Charge (1) 04. Roofing Components 02. Concrete or masonry a. Observations of production and placement on job site - hourly rate as in "100" above, minimum a. Engineering Consulting Services as in 2 hours at project plus mileage. 100" above, if required. b. Laboratory analysis of built-up roof sample, b. Concrete Mix Design including number of piles, top and bottom coat 1. Theoretical based on ACI 211 (aggregate test bitumen application interply bitumen and lapping costs not included) or verification of mix felts and voids analysis (4" x 36" specimen) 70.00 design 50.00/mix 1. With glaze 81.00 2. Laboratory design mix and trial batch (does 05. Structural Steel not include aggregate tests or concrete a. Random testing bolt tension, special cylinder compression tests) (1) laboratory setups, etc. (hourly per "100") C. Observation of concrete production or placement b. Field observation of welds and shear studs - including batch plant inspections, slump, air hourly basis as in "100" above content and cylinder casting at project site, hourly basis as in "100" above plus mileage. c. Procedure review, procedure qualification, welder d. Laboratory moist -curing and compression testing of qualification (hourly per "100") concrete cylinders delivered to laboratories. d. Magnetic Particle and Penetrant Testing. Ultra- See NDT 1. Standard Curing ASTM C39 7.00 sonic and Radiographic Testing. Hourly basis Schedule plus materials (film, penetrant, couplant, of Charges 2. Accelerated curing and testing ASTM D684 27.00 etc.) mileage and per diem expenses as required (1) e. Pullout testing for strength of inplace concrete (1) e. Tension testing of reinforcing bars or machined f. Special irip for cylinder pick-up, origination specimen including stress -strain curve (1) and trip charge depending on mileage Varies with f. Preparation of mechanical specimens Cost + 15% from originating laboratory distance g. Bend Testing of welding coupons (1) g. Curing and handling of "spare" untested cylinders 4.00 h. Hardness Testing (1) h. Sawing of cores or concrete cylinders 25.00 O6. Aggregate Testing for concrete, bituminous, i. Concrete cylinder molds (includes labels roofing, etc. and data slips. a. Sieve Analysis (ASTM C136) 27.00 1. 6" x 12" cardboard 0.85/each b. Analysis of Materials finer than #200 sieve 2. 6" x 12" tin 1.25/each (ASTM C117) 18.50 3. 3" x 6" cardboard 0.75/each j. Compressive strength of mortar cube 6.50 c. Organic Impurities (ASTM C40) 17.00 k. Concrete masonry units d. Soft Particles (ASTM C851) 29.00 1. Compressive strength, each 25.00 e. Lightweight Particles (ASTM C123) 32.50 2. Physical measurements and absorption, each 15.00 f. Clay Lumps (ASTM C142) 17.50 I. Compressive strength of concrete block or g. Soundness (ASTM C88) - 5 cycles 110.00 brick prisms 42.00 h. Abrasion (ASTM C131, C535) - including gradation 130.00 m. Brick testing (ASTM C216) 250.00/set i. Dry Rodded Density 17.00 n. Concrete coring - portable core drill with diamond bits at 2 to 12 -inch diameter, 2 -man j. Specific Gravity and Absorption Analysis crew, and generator. Plus mileage, truck rental (ASTM C127 & ASTM C128) 41.00 and bit wear. 65.00/hr. k. Los Angeles Rattler (ASTM C131, C535) - 1. Bit wear, per inch of diameter per inch includes gradation, each 130.00 of core length 1.00/in./in. 07. Other Testing Services o. Compressive strength of concrete cores a. Pile driving observations or load testing, observation including physical measurements 10.00 of caisson installation, hourly basis as in p. Physical test of Portland Cement "100" above plus mileage). (ASTM C150) (1) 1. Case -Goble Method of Analysis (1) q. Non-destructive on-site testing of inplace b. Vibration or sound level investigation - hourly concrete. Hourly basis as in "100" above plus basis as in "100" above, plus mileage and material costs or equipment charge as follows. equipment rental (1) 1. Schmidt Hammer - equipment included c. Subcontracted services such as equipment in hourly charge rental, special insurance, permits, etc. Cost + 15% 2. Windsor Probe Tests, material costs 10.00/probe d. Resale or rental of test equipment (1) 3. Ultrasonics (1) 4. Maturity Method (1) 500 EXPENSES r. Computer analysis of concrete cylinder strengths (1) 01. Vehicle charge and mileage applying to Section 100 s. Specialty testing of concrete or masonry units - and other sections when not included in hourly rates hourly basis as in "100" above. a. Per day 15.00 03. Bituminous b. Per mile 0.32 a. Engineering Consulting Services as in "100" 02. Per diem expenses when working away from head - if required. quarters or branch locations, applies to Sections above, 100, 200 & 400 Cost . 15% b. Mix Design - Marshall Method (aggregate 03. Long distance telephone, shipping test costs not included) (1) charges and miscellaneous expenses Cost + 15°% c. Extraction and gradation of hot mix 600 CLERICAL SERVICES (ASTM D2172) 60.00 1. Extraction only on pavement cores 43.00 01. Secretarial services, per hour 17.50 d. Marshall stability and flow tests on laboratory 02. Report copies (3 copies furnished with initial distribution of report) - minimum charge for compacted specimens (per set of 3) 32.00 additional copies after initial report issued 25.00 e. Marshall density determination of hot mix sample a. Library retrieval for additional copies after ASTM D1559 initial distribution of report. 1. 50 blows 41.00 (minimum charge) 15.00 2. 75 blows 46.00 b. Report reproduction of extra copies 0.25/per page f. Bituminous Coring - see 402M and 402L 65.00 c. Postage Cost + 15% (1) Quoted on an individual basis. (2) All tests F.O.B. laboratory. (The accompanying general conditions are a part of all contracts for services.) GENERAL CONDITIONS CONSTRUCTION OBSERVATION AND TESTING SERVICES (I) Scope of Work Braun Engineering Testing, Inc. (hereinafter called BRA UN) shall perform the services defined in this contract and shall invoice the Client for those services at the rates shown on the attached SCHEDULE OF CHARGES. Any estimate of cost to the Client as stated in this contract shall not be considered as a firm figure, but only an estimate, unless otherwise specifi- cally stated in this contract. BRAUN will provide additional services under this contract with charges for those additional services at the stated rates. BRAUN will provide observation and testing services either on a full-time or on-call basis, as agreed upon between BRAUN and the Client. BRAUN will attempt to make observations and tests representative of the work executed by the contractor but will not observe or test each and every increment of the work. Tests and observations will be conducted using standard test procedures (where applicable). (ll) Responsibilities BRAUN's efforts will be directed toward assisting the Client in determining that the earthwork and other materials to be tested conform to project specifications. BRAUN will not be responsible for the contractor's failure to perform the work in accordance with the contract documents and BRAUN's presence on the site shall in no way relieve the contractor of his responsibilities. BRAUN will not be responsible for superintending, supervising or directing the work of the contractor, or for job or site safety, those being the whole responsibility of others. BRAUN will not be responsible for construction staking or surveying, unless those functions are specifically included in the accompanying des- cription of services. BRAUN will reference results of tests and observations to control lines and elevations set as part of surveying and/or construction staking by others. On the basis of on-site observations and tests, BRAUN field personnel, under the supervision of a qualified design professional, will orally inform the Client or his representative of the results of tests and observations. Follow-up written reports will give professional opinions regarding con- formance of the contractor's work to project specifications. (III) Reports BRAUN will furnish a copy of each report to the Client, the owner, architect and government officials in accordance with pre -construction instructions and agreements. All reports, boring logs, field data, field notes, laboratory test data, calcula- tions, estimates, and other documents prepared by BRAUN, as instruments of service, shall remain the property of BRAUN. Client agrees that all reports and other work furnished to the Client or his agents which are not paid for, will be returned upon demand and will not be used by the Client for any purpose whatsoever. BRAUN will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to the Client at all reasonable times. RMU11 ENGINEERING TESTING (IV) Invoices Invoices will be submitted monthly. Payment is due upon receipt of invoice. Interest will be added beginning 30 days after the date of the invoice at the rate of I'/:% per month, but not to exceed the maximum rate by law. For extended projects, the billing rates as described in this contract may be increased on each anniversary of the date of this contract at an annual rate not to exceed 10%. (V) Insurance BRAUN is protected by Workers' Compensation Insurance (and/or employer's liability insurance) and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. If the Client requests increased insurance coverage, BRAUN will take out additional insurance, if obtaintable, at the Client's expense in accordance with item 203f, but shall have no liability beyond the limits and conditions of the insurance coverage. (VI) Limitation of Liability The Client recognizes the inherent risks connected with construction and the potential for variation in subsurface conditions. In performing its professional services, BRAUN will use not less than that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No warranty, express or implied, is made or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made, and this statement may not be modified except in writing by authorized signature. In the event that BRAUN is held liable for damage due to its negligence or breach of any other obligation to Client or others, such liability is limited to an agtount not to exceed $50,000 or the fee, whichever is greater. In the event that Client does not wish to limit BRAUN's liability, BRAUN agrees to waive this limitation upon written notice from the Client received within five (5) days after the date this agreement is fully executed, and Client agrees to pay an additional consideration equivalent to ten percent (10%) of the total fee, said consideration to be called "Waiver of Limitation of Liability Charge." This charge will in no way be construed as being a charge for insurance of any type but will be increased consideration for the greater risk involved in performing work for which there is no limitation of liability. Further, Client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report or study prepared by BRAUN of such limitation of liability for design defects, errors, omissions or negligence, and to require as a condition precedent to it performing its work, a like limitation and indemnity on its part as against BRAUN. In the event the Client fails to obtain a like limitation and indemnity, Client agrees to indemnify BRAUN for any excess liability to any third party. Under no circumstances shall BRAUN be liable for extra costs or other consequences due to changed conditions or for costs related to the failure of others to install work in accordance with the plans and specifications. GC:CT 10/81 GENERAL CONDITIONS SOILS INVESTIGATIONS (1) Scope of Work Braun Engineering Testing, Inc. (hcreinafterealied BRAUN) shall perform the services defined in this contract and shall invoice the Client for those services at the rates shown on the attached SCHEDULE OF CHARGES. Any estimate of cost to the Client as stated in this contract shall not be considered as a firm figure, but only an estimate, unless otherwise specifi- cally stated in this contract. BRAUN will provide additional services under this contract as requested by the Client with charges for those additional services at the stated rates. (11) Soil Borine Locations It is desirable for BRAUN to use its expertise in determining the number, depth, and location of borings. However, it is understood that the Client may specify the number, location, or depth of borings. BRAUN agrees to follow the Clicnt's specifications to the extent practical. If the Client specifics the number, depth, or location of borings. Client agrees to accept the risk associated therewith, and agrees to indemnify and hold harmless BRAUN from the claims ofothcrs arising therefrom. To the extent that the Client does not specify the number, location or depth of borings, such will be selected by BRAUN personnel. (Ill) Access to Site Unless otherwise agreed, the Client will furnish BRAUN with right -of - access to the site in order to conduct the planned exploration or field service. BRAUN will take reasonable precautions to minimize damage due to its operations. BRAUN has not included in the estimated charges the cost of restoration of any damage resulting from the operations and will not be liable for such damage. If the Client directs, BRAUN will restore the site and add the cost of restoration to the charges in accordance with item 203h. (IV) Samples All samples remaining after tests arc conducted will be discarded 60 days after submission of the report unless the Client advises BRAUN, in writing. to the contrary. Upon request, the samples will be delivered or shipped at Client's expense. (V) Reports BRAUN will furnish three (3)eopics of each report to the Client. The Client will be billed for additional copies at the rate specified in the attached SCHEDULE OF CHARGES. All reports, boring logs, field data, field notes, laboratory test data, calcula- tions, estimates, and other documents prepared by BRAUN, as instruments of service, shall remain the property of BRAUN. Client agrees that all reports and other work furnished to the Client or his agents which arc not paid for, will be returned upon demand and will not be used by the Client for any purpose whatsoever. BRAUN will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to the Client at all reasonable times. R�"11 ENGINEERING TESTING (VI) Invoices Invoices will be submitted monthly. Payment is due upon receipt of invoice. Interest will be added beginning 30 days after the date of the invoice at the rate of I %% per month, but not to exceed the maximum rate by taw. For extended projects, the billing rates as described in this contract may be increased on each anniversary of the date of this contract at an annual rate not to exceed 10%. (VII) Insurance BRAUN is protected by Workers' Compensation Insurance (and/or employer's liability insurance) and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. If the Client requests increased insurance coverage. BRAUN will take out additional insurance, if obtaintablc, at the Client's expense in accordance with item 203f, but shall have no liability beyond the limits and conditions of the insurance coverage. (Vlll) Limitation of Liability The Client recognizes the inherent risks connected with construction and the potential for variations in subsurface conditions. In performing its professional services. BRAUN will use not less than that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No warranty, express or implied, is made or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made, and this statement may not be modified except in writing by authorized signature. In the event that BRAUN is held liable for damage due to its negligence or breach of any other obligation to Client or others, such liability is limited to an amount not to exceed $50,000 or the fee, whichever is greater. In the event that Client docs not wish to limit BRAUN's liability, BRAUN agrees to waive this limitation upon written notice from the Client received within five (5) days after the date this agreement is fully executed, and Client agrees to pay an additional consideration equivalent to tcn percent (10%) of the total fee, said consideration to be called "Waiver of Limitation of Liability Charge." This charge will in no way be construed as being a charge for insurance of any type but will be increased consideration for the greater risk involved in performing work for which there is no limitation of liability. Further. Client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report or study prepared by BRAUN of such limitation of liability for design defects, errors, omissions or negligence, and to require as a condition precedent to it performing its work, a like limitation and indemnity on its part as against BRAUN. In the event the Client fails to obtain a like limitation and indemnity. Client agrees to indemnify BRAUN for any excess liability to any third party. Under no circumstances shall BRAUN be liable for extra costs or other consequences due to changed conditions or for costs related to the failure of others to install work in accordance with the plans and specifications. G(' -Sl to/«1 RESOLUTION NO. 2261- A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ON THE REHABILITATION OF ROADWAYS IN EAGLEWOOD ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CI'T'Y OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of Eaglewood Addition Roadways filed with Council on is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to Henry R. Spurrier, City Engineer, and he is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ _ day of 1984. Mayor -6- F- Elie In ty of -- Sfiakopee ATTEST: y�Teik Approved as to fa11i_s RESOLUTION NO. 2261. A RESOLUTION ORDERING THE PREPARATION OF A REPORT ON AN IMPROVEMENT ON THE REHABILITATION OF ROADWAYS IN EAGLEWOOD ADDITION WHEREAS, it is proposed to improve Eaglewood Addition by roadway rehabilitation and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improve- ment be referred to Henry R. Spurrier, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1984. Mayr ..6T._tT1e-ty o STZaropPe ATTEST: City Clerk —� Approved as to form this day of M4. Date"' % We, the undersigned, owners of the following described real property, abutting on the proposed improvement and benefitted thereby, hereby petition the City Council of the City of Shakopee, for the following public improvements: and_` _ `''�,` �•���^ T and request that the same be made during the year In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot guarantee the amount of an assessment until.a feasibility study of the improve- ments has been prepared and accepted by City Council in accordance with MSA Chapter 429. Approved this _ day of y Attorney LOT BLOCK % 0� 7 lated the above petition and that ty owners and petitioners were ircufator This instrument prepared & drafted by: H. R. Spurrier City Engineer 129 East 1st Avenue Shakopee, MN 55379 , 1954 sd MEMO TO: Mayor and Council 6f_�� FROM: John K. Anderson, City Admin. RE: Weinandt Acres 1st Addition. DATE: May 4, 1984 INTRODUCTION This morning I met with Harry Weinandt regarding the in- stallation of street lights and electrical service to the lots he recently platted in Weinandt Acres 1st Addition. Mr. Weinandt has requested that the City install these improvements using the 429 assessment process rather than the process normally used by Shakopee Public Utilities. DEVELOPER'S AGREEMENT COMPLICATION The Developer's Agreement entered into by the City and Mr. Weinandt for this development was executed on August 20, 1980. That Agreement listed no improvements under Plan "A" Improve- ments which are the improvements to be completed by the Developer. Under Plan "B" Improvements, all of the improvements were listed (see attached copy of pertinent page trom Developer's Agreement). Mr. Weinandt maintains that it was his impression that the street lighting and electrical work was to be included in the original 429 project work done by the City based upon his discussions with the former City Administrator when the Developer's Agreement was executed. Clearly, the City made a commitment in the Agreement to install the street lighting as a 429 project, equally clear is the fact that the document is silent regarding the installation of electrical service in the sub -division. ALTERNATIVES 11 The City can proceed with the installation of the street lights under the 429 procedure and refuse to install the balance of the underground electrical work because it is not part of the Developer's Agreement. Mr. Weinandt, because Shakopee Public Utilities requires a 50% deposit if the Developer finances the electrical improvements, has requested that the City include the whole project as a 429 project. Electrical service and street lighting for the sub -division are estimated at $6,482.53 by Shakopee Public Utilities. This means that Mr. Weinandt would have to make a deposit of $3,241.27 if the electrical services and street lights were in- stalled as they are in all other sub -divisions. 2] Make an exception to the City's standard practice and install both the street lights and the underground electrical service using the 429 procedures. To do this, the City would require that Mr. Weinandt sign the standard petition for public improvements waving Weinandt Acres 1st Addition Page 2 May 4, 1984 the requirement for hearings and for contesting the assessments. In addition, the Assistant City Attorney has recommended that Mr. Weinandt submit a letter that would further secure the payment of the assessments should collection problems develop in the future. Both of these documents have been executed and provided by Mr. Weinandt and they are attached. RECOMMENDATION Staff recommends Alternative #2 as a one-time exception because of our commitment in the Developer's Agreement. Clearly if we are going to go through the process of handling the street lights through the 429 project process, we might as well do the total job. This would be in keeping with Mr. Weinandt's inter- pretation of what was to be done when he executed the Developer's Agreement in 1980. Since the project is relatively small, and since Shakopee Public Utilities would be installing the facilities, the normal 429 bid process and bond letting can be streamlined. The City can finance the project through the Capital Improvement Fund by paying Shakopee Public Utilities the $6,482.53 upon the completion of the project. Then the City can reimburse the Capital Improvement Fund as the assessments are paid and charge the appro- priate interest on those assessments. ACTION REQUESTED Authorize the appropriate City Staff to take the necessary procedures to install the street lights and electrical service in Weinandt Acres 1st Addition by 429 project procedures because of the City's commitment in its August 20, 1980 Developer's A reement, by adopting the following Resolutions: 1] 2258, 2 2259, and 3] 2260. CITY F SHAKOPEE PUBLIC UTILITIES COMMISSION 1030 EAST FOURTH AVENUE i SHAKOPEE, MINNESOTA 55379 4451988 May 4, 1984 John Anderson, City Administrator City of Shakopee 129 E. First Ave. Shakopee, MN 55379 Re: Weinandt acres 1st add'n, Electric underground distribution charge and street lighting Dear Mr. Anderson: To confirm our telephone conversation of this morning, please be advised that the estimate of $6,482.00 for the above referenced charges can be considered as a firm quote due to the special circumstances of this particular project. Sincerely yours, f" Shakopee Public Utilities Commission Louis VanHout, Manager LV:bn The 1 -lea rt of Progress V l/c y s Cy L� ESTIMLATE SHEET - U.G. CONTRIBUTION i PRWECT NAME: WEINHibT #Ckgs IST, AOdN DEV(e:WPERI 144112Y AICINAV07- DATE ESTIMATE PREPXRED i q- q- gq tqy 1:,0. ITEM PRICE iUQ'U Y.�'8'RMtSLJPS Transformers, w/pad, Gnd. Rod, 2 -Elbows, 3 -Cavin. 25 KVA $ 920.00 37.5 KVA 975.00 50 KVA 1,090.00 ......._ _ - . 1 0 Pri Peclustal w/1-3 pt., c 3 Elbows S 350.00 2'no i 3 0 Pri Pedestal w/3-3 pt, & 9 Elbows 060.00 Sac. Pedastalaz w/3 Conn. 93.00 112 U. R. 0. $ . .80 0 1/0 U. R. 0 .55 94/0 U. R. D. .85 Tersination w/la b Cutout 160,00 14/0 U. S. E. 350 X.C.M. U. S. E. 1.20 M • Pipe, GroundRocls, Misc. 3 r've % 30'" sub total material � 0 In 7 t 200 contingencies Total Nnterial 7 Vo 9 33♦ U.G. RALOWUasic U.G. Cont. t Extra Costs -- + Straet Lights (@ $700.00 ca.) 'o o, Total Est. U. G. Contribution -� I 500= Deposit Rucl' d . NtTE : TO I5 E n)T i VA h `T c 1 �- I -H E coil n - r_t b ,u r - 5/30/79 10/5/79 7/4/80 /*,It ; pt0 \NdAK chwoL No. `81- (3 t 8/3/81 T X, CITY OF SHAKOPEE MCORPOR,ATCD 11370 129 E. First Ave. • Shakopee, Minnesota 55379-1376 (612) 445-3650 May 4, 1984 Mr. Hirry Weiriandt 2984 South Kirschall Rd. Shakopee, MN 55379 Re: Request For Installation of Electrical Service and Lighting in Weinandt Acres 1st Addition. Dear Mr. Weinandt: I have spoken with the City Attorney and Lou VanHout regarding your request to have the street lights and elec- trical wiring in Weinandt Acres completed by the City as a 429 project. The City Attorney has indicated that we can do the work as a 429 project; however, we will need two sets of documents to commence the project. Number 1, we need the enclosed "City of Shakopee petition for public improvement" signed by yourself and by the people holding contracts for deeds. Number 2, the City Attorney said we need an additional letter from you indicating that you have requested this improve- ment and that you will stand behind the assessments should there be some problem when the City tries to collect the assessments. The City Attorney has drafted the enclosed letter, please retype it on your stationary, sign it, and return it with the petitions. The City will consider this project at its May 15, 1984 Council Meeting if you return the enclosed agreements to Judith Cox by Thursday noon, May 10th. If you have any questions regarding the enclosed documents, please contact me by Tuesday, or Judith Cox after Tuesday be- cause I will be out-of-town. Sincerely John K. Anderson City Administrator JKA /bn Enc. cc: Judith S. Cox, City Clerk Rod Krass, Asst. City Attorney Lou VanHout, Public Utilities An Equal opportunity Employer May 7, 1984 City of Shakopee ATTENTION JOHN ANDEKSON 129 East First Avenue Shakopee, MN 55379 Dear Mr. Anderson: I am writing this letter to request that the City of Shakopee agree to place the street lights and electrical lines in my development, Weinandt Acres 1st Additon and to assess the total cost thereof against those lots. I understand that the cost of the electrical wiring along will be $6,482.53. I agree to provide the City with a signed petition and waiver for this 429 project, which will be signed by all parties presently having an interest in any lot to be assessed. I understand this procedure is quite unusual and to induce the City to undertake these improvements in the manner I have suggested, I will agree that should any party of interest successfully challenge these assessments, I will personally be obligated to pay any assessment which was successfully challenged. Yours very truly, Marry Weinandt RESOLUTION NO. 2258 A RESOLUTION DECLARING THE ADEQUACY OF PETITION AND ORDERING THE PREPARATION OF A REPORT WHEREAS, the City of Shakopee entered into a developers agreement with Harry and Lillian Weinandt on August 20, 1980, which provided for the City constructing and financing the street lighting pursuant to M.S.A. 429 for Weinandt Acres First Addition, and I-V A— WHEREAS, it is the developers understanding that the City would be con- structing the underground electric for the subdivision at the same time; and WHEREAS, the developer is desirous of the construction of the underground electric and street lighting at this time, and WHEREAS, a petition for the improvements has been filed with the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of Weinandt Acres First Addition, all streets contained therein, by underground electric and street lighting construction, filed with the Council on May 1.5, 1984, is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to Lou VanHout, SPUC Electrical Engineer, and he is instructed to report to the Council with convenient speed advising the Council in a preliminary way res to whether the proposed -improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and estimated cost of the improvement as recommended. Adopted in Shakopee, Minnesota, held this ATTEST: City Clerk Approved as to form this day of City Attorney . 1984. session of the City Council of the City of day of , 1984. Mayor of the City of Shakopee l�- RESOLUTION NO. 2259 A RESOLUTION RECEIVING A REPORT AND ORDERING AN IMPROVEMENT WEINANDT ACRES 1st ADDITION UNDERGROUND ELECTRIC 84-3 WHEREAS, pursuant to resolution of the Council adopted May 15, 1984, a report has been prepared by Lou VanHout, SPUC Electric Engineer with reference to the improvement of Weinandt Acres First Addition by underground electric and street lighting construction, was received by the Council on May 15, 1984, and WHEREAS, the Council has considered the improvements of said Weinandt Acres First Addition in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $6,482.53, and WHEREAS, the Council has received a petition for public improvements dated May 10, 1984 signed by all owners of property abutting said improvements waiving their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such improvements are hereby ordered as proposed in the report dated May 4, 1984. 2. Lou VanHout, SPUC Electrical Engineer, is hereby designated as the engineer for this improvement. He shall follow ordinary plans of Shakopee Public Utilities for the making of such improvements. 3. The work of this project is hereby designated as part of the 1984-3 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1984. ( i i'v Atrilrn6v RESOLUTION NO. 2260 A RESOLUTION AUTHORIZING CONSTRUCTION BY THE SHAKOPEE PUBLIC UTILITIES OF WEINANDT ACRES FIRST ADDITION BY UNDERGROUND ELECTRIC 1984-3 WHEREAS, the Shakopee City Council dial on May 15, 1984 order the improvements of Weinandt Acres First Addition by underground electric and street lighting; and WHEREAS, the benefitted property owners have been advised of the cost of the improvements, have agreed to them and have waived their right to a public hearing; and WHEREAS, the City can't advertise for bids on the improvements because they are being done by a public utility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SE&NKOPEE, MINNESOTA, that the Shakopee Public Utilities are hereby authorized and directed to make improvements to Weinandt Acres lighting according to ordinary plans of Shakopee Public Utilities at a cost not to exceed $6,482.53, pursuant to a feasibility study dated May 4, 1984. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 198/+. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1984. City Attorney MEMO TO: Mayor and Council ye— FROM: John K. Anderson, City Admin. RE: Eagle Creek Driveways (Road Sections) and Breeggemann Road DATE: May 7, 1984 INTRODUCTION In September of 1983, City Council reviewed a memorandum from the Street Superintendent regarding three Eagle Creek drive- ways (road sections) that the City had been maintaining. Council took specific action rn September 20, 1983 and directed Staff to contact the property owners involved. A copy of the letter sent to Mr. Breeggemann is attached. Please review the letter because this spring Mr. Breeggemann has requested maintenance on his road right-of-way even though the necessary public right-of-way has not been secured. PROBLEM The City has not been maintaining any of the three Eagle Creek driveways involved in the September 20, 1983 Council action. Mainte- nance was not provided by the City because none of the roadway right- of-way was dedicated. Since the September. 20th decision, we have had no further contact with Mr. Clarence R. Petsch, we have been in contact with Mr. Eugene Mielke and his neighbors who have decided to dedicate the necessary right-of-way (copy of letter attached from Phil Kanning) and we learned from some property owners around Peter Breeggemann's drivevay that they do not want it dedicated. Mr. Breeggeeman is the exception. Mr. Breeggemann notified Council in a letter, dated November 14, 1983, that he wished that the need for a right-of-way would be acquired by the City. The problem is that without the cooperation of all property:owners, the City cannot obtain the right-of-way without the expense of condemnation proceedings. Further complicating the present situation is the fact that the City does not own right-of-way adjacent to County Road 17 (see attached map) which would allow us to do normal maintenance on the Breeggemann driveway as the City has done in past years. With the status of the right-of-way unresolved, Mr. Breeggemann has also requested of Councilmembers that we blade the road as we had done annually in the past because Staff has taken the position that we cannot do maintenance now that we know we have no right-of-way immediately East of County Road 17. Because of this, Staff is bringing the item back before Council. C,. Eagle Creek Driveways (Road Sections) and Breeggemann Road. Page 2 May 8, 1984 ALTERNATIVE 11 Blade the driveway as we have done in past years even though the City now knows it does not have public right- of-way along the full length of the driveway. This would probably satisfy Mr. Breeggeman, but it would clearly cause a legal problem since we now know that we do not have the right-of-way. 21 Dump a load of gravel in the major area of ponding on the roadway adjacent to the Breeggemann barn (please note map). This would eliminate the only really severe problem area in the road. On Friday, May 4, 1984, I drove the full length of the road to the Eastern end in my City vehicle; therefore, I know it is passable for farm vehicles with or without the filling in of the major ponding area men- tioned in this alternative. 3] Continue our position established September 20, 1983, that the City will perform no maintenance until the proper public right-of-way was secured. This alternative will not deprive property owners of the use of the road because it still can be negotiated by farm vehicles. Moreover, it requires initiative by the abutting property owners if they wish to obtain the necessary public right- of-way rather than the City. This approach would seem appropriate unless the City decides that it wants the roadway for some public purpose. RECOMMENDATION To treat the Breeggemann driveway and the other two Eagle Creek driveways consistently, Staff recommends Alternative No. 3. The City's position should be that there is not sufficient public right-of-way for this roadway. We could incur other liabilities if we knowlingly do maintenance on private land when and if we attempt to maintain this driveway. ACTION REQUESTED Pass a motion reaffirming Council's action of September 20, 1983 which stated that the City would not perform maintenance on the Breeggemann roadway until the conditions of the Administrator's letter of November 10, 1983 are met. JKA/bn 74FEW W1 '''111 iMCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445.3650 November 10, 1983 Mr. Peter Breeggemann 615 Sommerville Shakopee, MN 55379 Mr. Eugene Hauer 2088 Hauer Trail Shakopee, MN 55379 Dear Sirs: On September 20, 1983 the City Council. of the City of Shakopee Minnesota discussed maintenance of the cartways serving your pro- perty and other cartways in rural Shakopee. As a result of that discussion, City Council agreed to con- tinue the maintenance of all cartways now maintained by the City, provided they met specific conditions established by the City Council. The conditions are as follows: 1. Maintenance will continue as long as the property is owned by the immediate property owner and heirs, but no assigns. 2. Maintenance will be performed only on public right-of- way. The public right-of-way must be 50.00 feet wide. The cartways serving your parcel is a private easement and has not been dedicated to the public. The City must cease all maintenance of that roadway until a public dedication of right-of- way, including a turn around, is made. The minimum width of right-of-way required by City ordinance is 50 feet. In order to continue maintenance of the cartway serving your property, a 50 foot public road easement must be dedicated along the present road alignment. Should you have any questions regarding the requirements specified and approved by City Council, or if you have any questions about the easement dedication, contact me at 445-3650. The City Engineer will contact you to discuss how you want the additional right-of-way dedicated. Sincerely, j Ll,;4n K. A derson City Administrator JKA/jms cc: Charles IbbnnhdJeTi: r ! o i Bd' Spu97 rier Ts C116yz t�gizneer IDS Jim Karkanen, Public Works Director Scottland An Equal Opportunity Employer Amy 1 4,84 IAKOPEE April 27, 1984 Mr. Martin Theis Mp, Peter Stemmer 16351 I'larystown°Road.' `f Rural Rotate 1 S hakopee, MN ` 5537: Shakopee, MN 55379 1 , Mr. Otte D:�Hielke Mrs. pat C016erg ' Rurs ttoute 1,' Lcx 89 27e0 East Covrty Road 42 Shakopee,,, 123 55370, t Shakopee, M11 55379 Dear.Ladies and:CentlemeA: . Sometime ago. Marty Theis, rete Sterzer, and I met with Bo Spurrier to stake out a tenta tive' tikxnarourd •area relating to this. matter. We ,pla.ced `temporary stakes to the, west of ' th(e' prestnt road in the area of the Mlelke farm ,for purposes of sbowing the extent of the radius necessary. I have been; advised by 2'erty that Cene and tie have discussed the placement of this turnarodrd,and a decision has been wade to place it a bit j further to the south and~ to the east oCtbe Klelt:e driveway. Since the`.cost of ,thie iw�p rovement,` is to Ee borro by , you, or a ba-Is to be decidaeda by y`ou, it is riy suggestion .that Gene rake arranE.ements uiith Do Spuri Per to begin Mort on' this within the 'near future. I would expect-that Do would, like to'neet with the co�nttactor that will he doing . this wj6rk to review the, Mal r taking, etc,, to€ore tree -rc d1ug, ctc., begins. It would be-my suggestion to. Gene that ba•call Bo directly and make theue arrAagements. , Since'I will be leaving the fire effectivr, Aprif27,` t bave turned the further'handling of this•flle over tb Trevor Wf lr.-teri 'of our firr,. If you have a4y questions regarding this matter, please do not hesitate tg c�.l.l him:. Very truly yours, MSS, hBYFR, Y.ANNING WALSTEN CURTUED Fhil.ip T. :Kannir.,v pxx:dk File ;Vo. 4-45604 _t �J 1W Ne -3 I !f TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Complaint Regarding Garage at 503 W. 4th Ave. DATE: May 10, 1984 Introduction: A complaint has been brought to Mrs.Lebens regarding a garage constructed as an accessory structure to 503 W. Fourth Avenue (Lot 5, Block 44, OSP). The complaint has been put forth by a Mr. Secord, representing the residents of 511 W. Fourth (Lot 4, Block 44, OSP). The following memo seeks to set forth the information available regarding this situation. Background: The following information has been taken from the City's property data files, which are a little sketchy for older prop- erties in Shakopee. Lot 5, Block 44, Original Shakopee Plat has two separate existing residential structures. One, 503 W. Fourth Avenue, was constructed in 1933. The second, 326 Apgar, was constructed in 1952. Mr. Lebens has suggested that the second house was not constructed at this site, but was moved in. Mr. Earl Hennes owns both houses keeping one as his own residence and renting the other. It does not appear that the lot has legally been split into two, at least City records do not show separate legal descriptions. However there are two parcel numbers assigned by the County, 27-001-316-0 and 27-001-316-1. Attached is a general site plan for this lot. In June of 1983 a building permit was approved for the construction of a 20' x 26' garage to be accessory to the 503 W. Fourth Avenue residence. It is a detached structure, and as allowed by the code, it is three foot, six inches from the residence and five feet from the side yard lot -line. The building is setback 15.5 feet from the front lot line, according to the drawing submitted by the applicant. The code has a number of provisions which relate to the front yard setback. Section 11.26, Subd. 5B states that the front yard setback is 30 feet. However Section 11.03, Subd. 6 also has a number of provisions regarding setbacks for accessory buildings as follows: D. No detached garage or other accessory building shall be located nearer the front lot line than the principal building on the lot. E. All accessory buildings shall meet the same front yard setback requirements as the principal building. Section 11.03 Subd. 7F also states that "Where adjoining structures existing on the effective date of this Chapter have a different setback from that required, the front setback of a new structure shall conform to the average T � prevailing setback in the immediate vicinity. The City Administrator shall determine the necessary front -yard setback in such cases. Complaint: I understand that the complainant is unhappy that a garage has been constructed at this location because it is so near to the house at 511 W. Fourth (Lot 4) that it blocks out the sun. He would prefer an accessory building facing Apgar, away from the house on Lot 4. The complainant also thinks that when a second dwelling was moved onto or con- structed on Lot 5, an agreement was reached that the second dwelling would replace any accessory building which might otherwise be placed on that lot. It is unclear who might have entered this agreement (private parties only, or was the City involved?) and when it might have occurred. Review of Planning Commission annual reports or summaries of plan- ning activities from 1953 through 1977 make no reference to such an agreement or any discussion of this property. It should be up to the complainant to further document this claim, or it should not be considered. The bottom line request of the complainant is that the building be removed or relocated to another part of the lot. Issues To Be Considered: The garage as authorized in the building permit clearly meets the necessary setbacks from the house and side -yard setback requirement, so even if the neighbor on Lot 4 is unhappy, this is not an issue the City can deal with under the zoning code. It is not as clear what the required front -yard setback should be for this garage, because it depends on how the City Code is interpreted. The following are the possible inter- pretations: 1. Sec. 11.26 Subd. 5B: 30 foot front -yard setback required. 2. Sec. 11.03 Subd. 6 D & E: As long as the accessory building is setback as far as the principal structure it meets code (in this case that's 13.5 feet). 3. Sec. 11.03 Subd. 7F: The setback should meet the average prevailing setback in the immediate vicinity. This provision could have a multitude of interpre- tations depending on the definition of immediate vicinity. If it is the setback of the principal structures on Lots 4 and 5 facing 4th Avenue (which are setback 18.5 and 13.5 feet respectively) the average setback would be 16 feet. If a broader spectrum of structures is used, the setback would be different. The attached drawing gives the setbacks of other structures on the north side of this particular block of Fourth Avenue. The zoning administrator approved the permit allowing a 15.5 foot setback in June of 1983. It can't be known at this time if he used one of the above -listed interpretations or some other I haven't considered. However at this point in time the City Council can only affirm the previous authorization or determine that a different setback should have been required. If the latter course is taken, the Assistant City Attorney has recommended that it would not be in order for the City to move the garage or to cause it to be moved since a permit has been duly approved. The appro- priate course of action would be to inform the garage owner that the garage as approved and constructed does not meet the required front -yard setback, and would be required to do so if it is damaged and reconstructed in the future. A letter from Mr. Krass on this issue is attached. Requested Action 1. Affirm the zoning administrator's determination that a front -yard setback of 15.5 feet for the garage built on Lot 5, Block 44, Original Shakopee Plat, as an aces- sory structure to 503 W. Fourth Avenue, is in accord with the City Code. Or; 2. Determine that an alternative front -yard setback should have been applied to the approval of the accessory structure to 503 W. Fourth Avenue on Lot 5, Block 44, Original Shakopee Plat, and direct staff to inform the property owner of the setback that would be required under current code provisions if the garage is damaged and is proposed to be recon- structed. Law Offices of Y� KRAg sr MEYER & WALSTEN 1-3 H 1: Chartered Suite 300 Marschall Road Business Center 327 South Marschall Road P.O. Box 216 Shakopee, Minnesota 55379 (612)445-5080 Ms. Judy Simac City Planner 129 Fast First Avenue Shakopee, MN 55379 Re: Garage Setback Problem Dear Judy: Phillip R. Kress v.nispats_ harry K. Meyer Susan M. Brown May 7, 1984 Trevor R. Walston Barbara J. Harlstrom :F -1111U Y.? L934 This will confirm our, telephone conversation in which you informed me that the City has inadvertently approved the construction of a garage on Fourth Avenue at a setback of 15 feet, when apparently the appropriate setback would have been 16 feet. You informed me the garage was now completely constructed and the issue is being raised as to what, if anything, the City should or can do with respect to the garage. First of all, the property owner was within his rights relying upon the City and the placement of the garage at the 15 foot setback. Consequently, any action the City may contemplate taking requiring the owner to comply with the 15 foot setback would, at this point, be inappropriate. You then asked me whether or not the City should take it upon itself to move the garage back the additional foot to comply with the proper setback. In my opinion, and considering the fact that the setback error is only one foot, I would consider that an inappropriate remedy and a questionable expendi- ture of public funds. Lastly, you asked whether or not the surrounding property owners or any one of them might be able to successfully sue the City to obligate the City to move the garage back the additional foot. While I am unaware of any case law with respect to this issue, it would be my opinion that a court would not, under these circumstances, mandate such action. I am hopeful this will be of assistance to you, and if you desire to have me do some significant research on this matter, please let me know. Yours very truly, KRA.SS, MEYER & WALSTEN CHARTERED Phillip R. Krass PRK:pk e LJ , 5 I n t A ()- �,t - (Z -6w t c( a ) � t •Q ( Sad C Np Sc.e,�) i Z ^JdA�p� {/.�••y3^ '• •• � Fir 1 ,�aY m 'm �{♦ �• -• '-. "1 [�� �� �- S,a�rI��W.e�+i•y � . r J' �+' y ( /t m.�Y,r.�'�. ; y'r m, r+e ;w +,�„n , r �/ I �i�vv� ` ••F • v • 1�r {t�f ��7✓/i 1 + y. �:1•<;�#°. ��� 3 3 ' fs�-�i��;'�`d,. fit' --.. �,0 4q __... _ Ou Gk rhet; � r ,�J fi.'j,mA ts� vilS! /dr CGif �lrm l l,�e,5 i i - 1)tt r t MEMO TO: Mayor and Council FROM: John K. Anderson, City Admin. JJ RE: Proposed Mutual Aid Pact for Law Enforcement. DATE: May 4, 1984 INTRODUCTION Attached City Council will find a memo from the City Attorney, from Joe Ries, the Scott County Administrator, and a copy of the proposed Mutual Aid Pact for Law Enforcement for Scott County Cities. BACKGROUND The proposed Mutual Aid Pact for Law Enforcement Services was initiated by Scott County. As indicated in the letter from Joe Ries, the Chief of Police has reviewed the Mutual Aid Agree- ment and supports the Agreement. In addition, the memo from the City Attorney indicates that he too has reviewed the proposed Agreement and finds it acceptable. ALTERNATIVES 11 Approve the proposed Mutual Aid Pact for Law Enforcement. This would extend the Mutual Aid Pact for Law Enforcement Services that we have with Municipalities to the Sheriff's Department. The Mutual Aid Pact should serve the Commu- nity well just as the City's Mutual Aid Pacts with other Communities has served us well in the past. 21 Do not enter into the proposed Mutual Aid Pact for Law Enforcement Services. Perhaps the only reason for taking this stand would be that we have sufficient Mutual Aid assistance through our agreements with Cities. RECOMMENDATION The Chief of Police and I recommend that the City of Shakopee enter into the proposed Mutual Aid Pact for Law Enforcement Services for the reasons mentioned in Alternative #1 above. ACTION REQUESTED Authorize the appropriate personnel to execute the Mutual Aid Pact for Law Enforcement Services between Scott County, the City of Prior Lake, the City of Belle Plaine, the City of Jordan, the City of New Prague, the City of Savage and the City of Shakopee. � f JULIUS :�. i3OLLFR, TI JUL US A.COLLER 1TTORNLY AT LAW 612-44S-1244 1859-1940 2 1 1 WEST FIRST AVENUE SIL\HOPEE, �11INNESOT_1 353TO To: John K. Anderson, Shakopee City Administrator From: Julius A. Coller, City Attorney of Shakopee In re: Proposed Mutual Aid Pact for Law Enforcement Date: May 3, 1984 I have reviewed the attached letter of April 26th from Joe Ries, County Administrator, addressed to you and other City Administrators and Clerks regarding the above subject and I have also reviewed the proposed agreement covering Mutual Aid Pact for Law Enforcement and I can see considerable benefit in this type of arrangement which is similar to our mutual fire agreement and I see nothing objectionable in it and I have no relative suggestions. Kindest regards. OFFICE OF THE ADMINISTRATOR SCOTT COUNTY COURT HOUSE 110 SHAKOPEE, MN. 55379-1382 (612)-445-7750, Ext.100 JOSEPH F. RIES Administrator BARBARA NESS Administrative Asst. TO: David Unmacht, Belle Plaine City Clerk April 26, 1984 Robert Morgan, Jordan City Clerk Administrator Jerome Bohnsack, New Prague City Administrator Michael McGuire, Prior Lake City Manager John K. Anderson,'Shakopee City Administrator Mark McNeill, Savage City Administrator FROM: Joe Ries, County Administrator SUBJECT: Law Enforcement Mutual Aid Pact Following on our discussion at our meeting on April 18th, Sheriff Tietz has returned a revised draft of the Law Enforcement Mutual Aid Pact reflecting considerations requested by your respective Chiefs and has asked me to carry this matter through the balance of the process. My understanding is that the enclosed document meets with the approval of all our law enforce- ment heads. At this point then, I would appreciate your efforts to clear this document with your city attorney and present it to your city council for approval and execution at your earliest opportunity. If you have any problems with the provisions, it would be.helpful to hear from you at an early date as I would like to schedule the adoption of all the pacts here for June 5, 1984. Your continued help in this matter will be valuable to the timely conclusion of this matter and will certainly be appreciated by all. egards, Joe ies Administrator L,' -/E n c 1. cc: County Commissioners (w/encls.) County Attorney Chiefs of Police Sheriff Tietz File JR:bn An Equal Opportunity Employer qt LAW ENFORCEMENT MUTUAL AID PACT I. GENERAL PURPOSE The principle objective of this Law Enforcement Mutual Aid Pact is to provide a means by which one Scott County law enforcement agency can draw upon the personnel and resources of any other law enforcement agency within Scott County when an extraordinary situation develops or when the prompt and effective enforcement of the law requires such cooperation. The acceptance and execution of this Pact will assure law enforcement personnel that when they are responding to a request for assistance by another party, outside the scope of the respective jurisdiction, but within the scope of the Law Enforcement Mutual Aid Pact, they are fulfilling a condition of their respective employment with all of the rights, privileges and responsibilities attendant thereto. This agreement is made pursuant to Minnesota Statutes Section 471.59. II. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings given them. Subd. 1. "Party" means a governmental unit which is a party of this agreement. Subd. 2. "Eligible Party" means a governmental unit which is entitled to become a party to this agreement, at its own option. The eligible parties are the Cities of Shakopee, Gordan, Belle Plaine, New Prague, Prior Lake, and Savage, and the County of Scott, all of the State of Minnesota. Subd. 3. "Law Enforcement Assistance" includes law enforcement personnel and equipment. Subd. 4. "Requesting Party" means a party which requests law enforcement assistance. Subd. 5. "Responding Party" means a party which provides law enforcement assistance. III. PARTIES The parties to this agreement shall consist of the cities of Shakopee, Jordan, Belle Plaine, New Prague, Prior Lake and Savage along with the County of Scott, who through resolutions adopted by their respective governing bodies, have identified their participation in this Law Enforcement Mutual Aid Pact. Upon adoption of such resolution by an eligible party, copies of the agreement shall be forwarded by the Scott County Sheriff for execution. An executed copy of this agreement shall be sent to the Mayors of the participating cities and the Scott County Administrator. This agreement shall become operative upon execution by two eligible parties, and shall continue in full force and effect until withdrawn as hereinafter provided. IV. GENERAL PROVISIONS Subd. 1. A requesting party may ask the responding party to furnish law enforcement assistance within the boundaries of the requesting party. When a request is made for law enforcement assistance, the responding party may direct its law enforcement officers to provide law enforcement assistance to the requesting party. Subd. 2. The decision to request assistance and the procedure for making such requests shall be made in accordance with the internal rules and procedures of the requesting party. The decision to respond or not respond to such requests and the extent of the response, if any, shall be made in accordance with the internal rules and procedures of the responding party. Failure to provide assistance will not result in any liability to to any party. Subd. 3. The parties agree the following statement of procedure represents an appropriate request circumstance and will be included in the various parties internal rules and procedures: When there is a request for law enforcement assistance from a requesting party in an emergency situation and an individual officer of a party is the closest available unit, it will be up to the discretion of the individual officer to decide whether or not to leave the party's jurisdictional boundaries and respond. 2 Subd. 4. When a responding party provides assistance under the terms of this agreement, it may in turn request assistance from other parties to this agreement as "backup" during the time that the responding party is providing assistance outside its jurisdictional boundaries. Subd. 5. Whenever a responding party has provided assistance to a requesting party the responding authority may at any time recall such assistance or any part thereof if the responding authority deems same to be necessary. Subd. 6. When a responding party, under the terms of this Law Enforcement Mutual Aid Pact, provides law enforcement personnel to a requesting party, said personnel shall remain under the direction and control of the responding party, shall be paid by the responding party, shall be protected by the workman's compensation of the responding party, and shall otherwise be deemed to be performing their regular duties for the responding party. However, the responding party will coordinate its assistance with the requesting party. Subd. 7. A responding party shall be responsible for its own personnel, equipment, supplies and other resources. A responding party shall be responsible for injuries or death to any personnel under the direction and control of the responding party and for damage to any equipment or supplies or other resources belonging to the responding party the same as though the assistance was being provided within the jurisdictional boundaries of the responding party. Subd. 8. The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a responding party. The responding party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of the requesting party or the personnel of any other responding party. 3 Subd. 9. No charges will be made by the responding party for assistance or equipment rendered to the requesting party under this agreement. Subd. 10. The requesting party may, at any time, terminate the request for assistance by orally indicating same to the responding party and the rights and responsibilities of the responding party hereunder shall immediately cease. Subd. 11. It shall be the responsibility of each law enforcement administrator of parties to fully appraise the participating personnel of the procedures, conditions, and limitations under this Law Enforcement Mutual Aid Pact, as well as any subsequent amendments hereto. V. INSURANCE. Each of the parties will maintain insurance policies covering claims for damages for or on account of any loss or injury directly caused by the negligent acts or omissions of the municipality, its officers, employees and agents, all in accordance with Minnesota Statutes Section 466.01 et sec and in the following minimum amounts: a. $100,000.00 when the claim is one for death by wrongful act or omission, and $100,000.00 for any claimant in any other case. b. $300,000.00 for any number of claims arising out of a single occurrence. VI. WITHDRAWAL AND TERMINATIO' Each party hereto shall be bound by the terms and conditions of this Law Enforcement Mutual Aid Pact until it withdraws by resolution of its respective Council. The withdrawal of one or more parties shall not affect this Law Enforcement Mutual Aid Pact as it relates to those parties not so withdrawn. Any party may withdraw at any time with thirty (30) days prior written notice to all other parties. The City Clerks and/or County Administrator shall give notice of such withdrawal, and the effective date thereof, to the other parties, as hereinbefore provided. z COUNTY OF SCOTT By: Chairman, Board of Commissioners County Administrator i,s3 Sherif f I IN TESTIMONY Wt-IEREOF, the parties hereto have cause these presents to be executed in their respective corporate names this day of e 19 e CITY OF SHAKOPEE CITY OF JORDAN By. By: --- Mayor Mayor City Clerk City Clerk t Chief of Police Chief of Police CITY OF NEW PRAGUE CITY OF BELLE PLAWE By: By: Mayor Mayor 5 •" '` city clerk City Clerk i Chief of Police � Chief of Police CITY OF SAVAGE CITY OF PRIOR LAKE By: r By: Mayor Mayor --------- -- Cty Clerk i City Clerk Chie— # of Police " Chief of Pollee COUNTY OF SCOTT By: Chairman, Board of Commissioners County Administrator i,s3 Sherif f s/ /YY rd' �)�) r MEMO TO: John K. Anderson FROM: Gregg M. Voxland RE: JEJ Project Funding DATE: April 26, 1984 A memo has been requested on funding alternatives for the $65,000 JEJ Project. This last appeared in the budget as $34,000 out of the Capital Equipment Revolving Fund. This fund is still a possibility. A second source is the new Capital Imporvement Fund being created out of the P1R Fund. The third possibility is the General Fund, either 1984 contingency or fund balance. There is a large enough fund balance to take out the $65,000 and still have over 30% of the 1984 General Fund budget in fund balance. 'There is $108,000 in General Fund contingency for 1984. Without verifying the numbers, there is probably enough left in contingency after salary adjustment to cover the JEJ project. Therefore, all three funds could provide the funding. The Capital Equipment and Capital Improvement funds would just have less resources available for other items in the future. The General Fund would need a budget adjustment, as would the other two funds. Alternative 1. General Fund �. Capital Equipment Revolving Fund 3. Capital Improvment Fund Recommend Alternative #3 The Capital Improvement Fund was set up to take care of these type of projects and is the most appropriate fund to finance JEJ. Council may want to consider, as part of the 1985 budget, transferring funds over the 30% target in the General Fund, fund balance into the Capital. Improvement Fund. Action Requested Move that the JEJ drainage project be paid out of the Capital Improvement Fund. Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Sewer Service Refund for J. Wampach Date: April 27, 1984 Introduction & Background Mr. Wampach stopped in on 4/3/84 to ask about a refund on his sewer billing. He had a water leak that was repaired in May 1983. He re- lates that he has questioned SPDC several times since May of 1983 about an adjustment/refund but that SPDC told him that he would have to wait until March 84 for a comparison basis to adjust/refund the billing. Mr. Wampach states that SPUC did not tell him to come to City Hall for a refund/adjustment until March 84. The larger billing was $17.82. The current hill on the 83/84 winter is $7.75. The refund requested is June to March or 10 months at $17.82 - $7.75 for a total refund of $100.70. SPUC personnel related that Mr. Wampach did indeed question his sewer and water in the spring of 1983 and has brought it up several times since then. They stated that they told him that his sewer bill would remain at the higher amount until April 84 when the new consumption (winter usage) was used to recompute the bills, unless he came to City hall for an adjustment to his current billing. The attached policy does not allow staff to make refunds for any bill that has been paid. Tf Mr. Wampach had come to City Hall in May of 1983 the adjustment to his bill would have been made by staff in a routine manner. The policy was adopted to establish a cutoff point on how far back the City would go for making refunds and researching past occurances. Alternatives 1.) Approve refund 2.) Standby current policy 3.) modify policy Recommendation Chose either alternative 1 or 2. The policy is still valid as is, but there are two conflicting versions of what was said at SPDC. Action Requested Move to approve/deny (cross out one) sewer service refund request of J. Wampach of $100.70. GV:mmr ADMINISTRATIVE POLICY NO. 65 Subject: Sewage Charges/Lawn Watering Date: January 19, 1982 Source of Authority: City Administrator/Council Action 1/1.9/82 The City will not rebate sewer bills already paid for water not flowing in the sewer, but will credit the difference (i.e. dif- ference between the average winter usage and summer sprinkling usage) to the bill(s) not yet paid (normally one billing period) provided the problem is resolved (new meter, additional meter for sprinkling or repair made). 9F TO: JOHN ANDERSON FROM: LOU VAN HOUT RE: MEMO OF 4-27-84, REGARDING SEWER ADJUSTMENT, AND POLICY #65 DATE: 5-1-84 After reading the memo described above I feel that there are some comments on the matter that are in order. Since the matter is on the Council agenda for tonights meeting I would ask if you would make this additional information available for that discussion. First of all, after discussing things with our billing people, I don't find any "conflicting versions of what was said at SPUC." The statements in the first paragraph of the 4-27-84 memo that are attributed to Mr. Wampa.ch are consistant with what our billing people remember saying to him. The understanding that our people had of the City's policy for making sewer bill adjustments due to a water leak was: -get a comparison with the normal usage and then City staff would decide on the adjustment. Mr. Wampach is correct in relating that he was not told to go to City Hall until March 84: that would be the next period that a normal bill would be calculated for his sewer usage. There are a few comments on Policy #65 that may be relevant. 1. The Policy #65 applies to lawn watering both in the title and in the "i.e." 2. Policy #65 is directed at commercial. not residential sewer bills because commercial users are billed Summer sewer bills on Summer water usage. Residential users however are billed Summer sewer bills on Winter water usage and would not normally be expected to ever have a problem with lawn sprinkling that Policy #65 would have to address. 3. The wording of Policy #65 is a bit difficult to follow. Without presuming to be the one to interpret Policy #65, it appears to me that it is an attempt to provide an adjustment mechanism for a commerical user with a problem of high sewer bills due to lawn sprinkling; and, at the same time, to protect the City from costly claims dating back several years. This instance may be an opportunity to refine Policy #65 if that would help to avoid future problems. In this particular instance it is not a costly matter and the sewer usage actually was lower than that billed. This particular item began as a question over a water bill and the questions on sewer developed while discussing that water bill. It is easy to see how billing people get into a position of trying to explain sewer policy. We are wary of the big questions, but it is difficult to not try to guide someone to help resolve a small problem with a sewer bill that is dependent in one way or another on water usage. Please ask the Council to consider my comments in deciding this particular matter. Sewer charges are your jurisdiction and I will instruct our billing people to address questions from the public in that area in anyway that you prefer. r J J i V 'A V1 + iddi JJ.itliJ ♦ J ♦ J .J • i • Ji JJi d J J.J J tl-. J • W W W W W W W W W W ♦ W • W W R W + W WV/ w W w W w V1 W w W IR a 0000000000 + o ♦ o o ♦ O + I=,=I=,=• coccoccoo o + + O O OO 0 0 0 0 0O R D• O O ♦ O + cc 0 0 0 0 0 0 0 o 0. 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(A W rt G Fj rt = m `C tTl r rt z ro o a H o M m rt 7o ro ro w G rt ro �t r r 4'` �o rn n a% x r r N N 'v r 00 -P, In do O O P 0o O 00 In �o O N O O In �.D Cn O O W r In r I-- Ul In Un In Ul In Vt In In (n In Ul , r r r r r r 1.0 OD V In W y O �• -. CITY OF SH A KOPEE it LCL 129 East First Avenue, Shakopee. Minnesota 55379 m E m TO: JOHN ANDERSON & CITYUQ NCIL FROM:_ITM M4- A AI €fit-= lain S DEPT, SUBJECT: DATE: MAY i 19814 INTRODUCTION: THE PUBLIC VIORKS DEPARTMENT HAS BUDGETED $ 25,000 IN THE SEWER FUND TO PURCHASE A SEWER VACUUM INDUCTOR FOR CLEANING MANHOLES WHILE HYDRAULICALLY CLEANING SEWER LINES, BACKGROUND: WE HAVE JUST COMPLETED DEMONSTRATING AND VIDEO TAPING SEVERAL INDUCTOR VACUUM MACHINES FOR THE SEWER DEPARTMENT, Tm s MACHINE IS TO BE USED AT THE DOWNSTREAM MANHOLE WITH THE WATER JETTER MACHINE, THE JETTER NOZZLE IS HYDRAULICALLY PUSHED UP THROUGH THE'SEVIER LINE TO THE UPSTREAM MANHOLE, THEN PULLED BACK USING A 1200 PSI WATER STREAM DIRECTED AT THE WALL OF THE SEWER PIPE FROM THE HIGH PRESSURE NOZZLE, THE WATER STREAM HYDRAULICALLY CLEANS THE PIPE, AND THE GREASE RESIDUE AND SAND IS FORCED TO THE DOWNSTREAM SETUP MANHOLE, -IN OUR PRESENT OPERATION, WE HAVE TO PLACE A TRAP ON THE OUTLET SIDE OF THE SETUP MANHOLE, AND REMOVE THE SAND AND RESIDUE BY A BUCKET AND ROPE METHOD, WITH A MAN ENTERING THE MANHOLE AND SHOVELING THE RESIDUE INTO A BUCKET, THEN HAULING THE BUCKET TO STREET LEVEL WITH A ROPE AND DUMPING IT INTO A TRUCK OR PICKUP, ';HEN USING THE INDUCTOR, THE INTAKE VACUUM HOSE IS PLACED INTO THE DOWNSTREAM MANHOLE BEHIND THE JETTER HOSE, AND WHEN THE JETTER NOZZLE PULLS THE RESIDUE TOWARDS THE ENTRY MANHOLE, THE VACUUM HOSE OF THE INDUCTOR SUCKS THE WATER AND RESIDUE INTO A 1000 GALLON TANK, SEPARATES THE SOLID MATERIAL, AND THEN RETURNS THE WATER TO THE SEWER SYSTEM. BY THIS METHOD, ONLY THE SOLID MATERIAL HAS TO BE HANDLED, AND THE LIQUID MATTER IS RETURNED TO THE COLLECTION SYSTEM FOR PROCESSING, AT THE END OF THE DAY, THE PRESSURE HOLDING TANK IS OPENED UP AND EMPTIED, 'NEEDLESS TO SAY, THIS METHOD OF REMOVING THE SAND FROM A SEWER LINE REPRESENTS A TREMENDOUS SAVItIGS IN MANHOURS AND EFFORT TOWARDS MAINTENANCE OF THE COLLECTION SYSTEM, SEWER INDUCTOR P,1 THIS MACHINE WAS BUDGETED IN TO 1983 CAPITAL BUDGET FOR THE SEWER DEPARTMENT, BUT WE ELECTED 1"0 WAIT UNTIL THIS SPRING TO PURCHASE AND VIEW THE DEMONSTRATIONS THIS SPRING BECAUSE AN IMPROVED MODEL WAS SCHEDULED FOR PRODUCTION THIS WINTER, AND IT TOOK THIS LONG FOR THIS NEWER MODEL TO BE AVAILABLE FOR THE DEMONSTRATION, IHiS NEWER MODEL HAS A LARGER AND MORE EFFICIENT VACUUM PUMP, AS WELL. AS A LARGER ENGINE ALSO THIS MACHINE IS CAPABLE OF CLEANING CATCH BASINS, ALTHOUGH THIS IS NOT ONE OF THE MAJOR FUNCTIONS FOR WHICH IT WAS INTENDED BY ITS` DESIGN AND MANUFACTURE, LAST FALL, WE DEMONSTRATED SEVERAL OTHER TYPES OF INDUCTORS, AND WE HAVE THE VIDEO TAPES ON FILE FOR REVIEW, ACTION NEEDED: 1, AUTHORIZE THE PUBLIC WORKS DEPT, TO WRITE SPECIFICATIONS FOR THE SEWER EDUCTOR, AND ADVERTISE AND OPEN SEALED BIDS ON MAY 31, 1984 t CHECK THESE FEATURES Heavy duty reinforced trailer frame features reservoir conserves space. Dual moisture traps Hydraulic dump offers high hydraulic surge brakes as standard equipment. for double Vacuum Pump protection. 60 degrees for complete Electric brakes available as an option, unloading solid material iron Brawny onan 2 cylinder, 25.0 bhp engine offers reserved power and lower operating speed for long life. Efficient belt drive system dampens vibration - ensures long vacuum pump life. American 'manufactured 240 CFM Vacuum Pump, air cooled with pressure oiled heavy duty ball bearings for low maintenance . long pump life. American Manufactured Insures - dependable parts supply and factory service readily available should parts ever be necessary. Combination breather / moisture trap / oil Industrial duty vacuum pump breather separates lubricating oil from pump exhaust Heavy duty rear mounted J prevents unsightly oil spots. unit when unloading whii towing vehicle. All controls conveniently located for operator ease during unit operation. Boom lift control Unit features single, boon located on load valve for fast uncluttered discharge hose. Solid mate operation of hydraulic boom. Dual backup bottom of tank - water I boom lift controls are standard equipment to manhole. Simple low m preventing untimely break downs. Is reliable and eliminates of multiple hoses. Combination fender / tube storage racks are designed for easy accessibility. Clean efficient boom deslS raised for reliable-operatlo Swing away full opening rear door - virtually ' manipulation of heavy ho eliminates unloading problems. process. [loom rotates ful easy accc ssabll lty in those h MA ■E a V V i E a! VACUUM INDUCT TM 10 -OD -PB 240-HGH-SH TRAILER MOUNT - 1000 GALLON - PB 240 VACUUM PUMP HYDRAULIC BOOM - GASOLINE ENGINE DRIVE HYDRAULIC BRAKES - SINGLE HOIST OPEN DOOR I INDUSTRIAL & MUNICIPAL E Route 34 East, P. O. F Galva, Illinois 614; Phone: 303-932-20 Toll tree in Ill.: 800-322 Toll free all other states: 80( I.M.E. OFFERS A COMPLETE LINE OF VACUUM INDUCTORS DESIGNED AROUND THE NEEDS AND REQUIREMENTS OF LONG TIME INDUCTOR OWNERS/ OPERATORS. LOWER COST—Trailer mounted units eliminate the need for expensive truck chassis. For most applications a heavy duty 3/4 ton pickup truck is all that is needed to transport the unit. COMPACT SIZE—Compact design allows units to be easily maneuvered inside factories. These units can be used in most aisles and moved with a forktruck or towmotor to easily handle on -the -spot cleaning requirements. I.M.E. SYSTEM'II TRAILERS—Clean those areas not readily accessible to a large truck mounted unit, They eliminate the need for long runs of loading hoses. SPECIAL DESIGN—The I.M.E. System Inductor line is designed especially for cleaning Catch Basins Manholes Grease Traps Car Washes They can be used in conjunction with a high pressure water jet for removing the debris jetted from the sewer lines. The System II is a highly reliable system to be used in conjunction with our Cela III or IV portable skimming equipment. The System II units can be used on any job requiring a standard truck - mount vacuum unit. HOSE HANDLING DOOM—The 4" loading hose can easily be manipulated by a single operator. By using the hydraulically operated boom lift with the rigid loading tubes, the operator can efficiently clean catch basins or manholes. The hydraulic lift eliminates straining to move a heavy loading hose. SOLID MATERIAL SEPARATION SYSTEM—The I.M.E. System II units allow solid material to settle from the liquids so the liquids can be flushed back to the drain. This allows a high percentage of solid material per load. FULL OPENING REAR DOOR/HYDRAULIC HOIST -60 degree dump angle available to make unloading of large amounts of solid material a simple fast operation. Material is dumped where you want it. WATER NOZZLE SYSTEM—I.M.E. offers a system operated from an auxiliary high pressure system on the non -dump System 11 trailer models. ( To assist the operator wash - out solid materials TM -10S -PB 240-HGH-NH TRUCK MOUNTED—Any System 11 unit can be mounted on a suitable truck chassis. The tank size can then be increased to fit your require- o „, s ti•r 1'at.+.moi, menta. The System 11 offers a completely independent cleaning unit, r and expensive PTO requirements are eliminated when switching from ti(i t chassis to chassis UD WINTERS EXIRIE PIPE TOOL CO, DST OFFICE BOX 164 ,UK CENTRE, 1%,11NN. 56378 Fhon er - (612) '52 3676 TM -10 -OD SYSTEM II OPTIONAL EQUIPMENT - PI3 800 - NDH - NH PB - 400 CFM or PB - 800 CFM American manufactured vacuum pumps. Diesel power available for any size pump. M Two (2) compartment tanks available. Units available without hose handling boom. I.M.E. CAN CUSTOMIZE A SYSTEM II PACKAGE TO FIT YOUR SPECIFIC NEEDS i !1 'k r ,. ) INDUSTRIAL,. & MUNICIPAL ENGINEERING ? Rome 34 P. �. E'ox 1 Galva, Illinois 61434 Phone: 300-332-2036 TollfrFe in III.: 30f-322-6661 Toll free all other sta11�s: f',00 -44I 5684 9/ MEMO TO: John K. Anderson/City Administration FROM: LeRoy Houser/Building Official RE: Budget Amendment - Government Buildings DATE: May 3, 1984 Introduction: The barn across the river in the baseball park is a wreck. It is structurally unsound and should be razed. It has been set on fire twice in the past week. It is just about impossible to secure it. Should Council okay razing the building, we will have to make arrangements to replace the storage space for the park dept. I suggest we put up a pole shed, 40' x 50', on the public service building site next to the salt shed. I estimate a basic cold storage building cost to be $11,000.00 Alternatives: 1. Spend about $800.00 on material and about 30 hours labor to temporarily secure the building and wait until next year to budget a new building. 2. Rent storage space at $2.25 per sq. ft. until next year and tear the building down now. 3. Do nothing. Recommendation: Raze the old building and build a new building. Action Requested: Council authorization to raze the building and approval to put up a pole shed, 40' x 50', on the public service building site, after securing quotes per City purchasing agreement. LH:cah •� •. 71Y7 MEMO TO: City Council FROM: LeRoy Houser/Building Official RE: New City Hall Site DATE: April 18, 1984 Introduction: John K. Anderson instructed me to write a memo to you to share my thoughts on the site selection process for a new City Hall. Background: Some time ago, (as instructed by the Administrator) I completed a space study needs for future expansion or a new City Hall. The primary flap at that time was disagreement among civic groups, citizens, staff and elected officials as where the best place was to relocate if the need should arise. Listed below are some possible situations which could be construed as future or immediate need: 1. City Hall could burn down. 2. The downtown project could take off like a house of fire. 3. Rapid, prolonged growth could occur which would require additional staffing which, other then on a limited basis, we could not accommodate. 4. City Council could be presented with a purchase price offer by investors which would be hard to turn down. 5. A new City Hall could become a reality through the planning process of Council at a future date. Irrespective of how or when or why it comes about, the site selection process may be quite lengthy, requiring a longer time then we can afford. I think it would be good politics, common sense and a big plus for orderly growth and development if we as government represen- tatives could plan ahead for this construction project. It is kind of what we have tried to program our builders and developers to do in order to avoid confusion and delays at the 12th hour. I would like to suggest that Council appoint a blue ribbon committee (one that is not weighted with sacred cows or special interest group people) made up of one business person, one home owner, one industrial leader, one government repre- sentative, one service industry representative (medical), one Chamber member, one ICC member and one agriculture representa- tive. I suggest they be informed of the sites available and be pro- vided with a list of: New City Hall Site April 18, 1984 Page -2- 1. possible acquisition costs; 2. potential adverse impacts on the area as a result of relocation; 3. possible benefits to the area as a result of relocation; 4. possible problems the relocation may cause City Hall operations; and 5. possible benefits to City Hall operation due to the relocation in the specified area. I think the above items should be compiled by staff with input from Council. I don't think it is appropriate for the job to be assigned to any one individual staff member. I think then the committee should be allowed one year to review, analyze, offer ideas of their own and bring the final recommen- dation to the City Council. I think after the recommendation is received, Council should refer the matter to the Council Building Committee for review and final recommendation to Council.. Council should act on the recommendation within three months of receiving the Council Building Committee recommendation. Pros Completing the site selection well in advance of constructing a new City liall will facilitate the actual construction process when the time comes. It will give the appearance of well thought out planning on Council part. Appointing a committee for site selection recommendation made up of a cross section of our citizens will minimize the possibility of any one group saying Council "jambed" something down their throats again. Cons Selecting the site well in advance may give the public the impression that Council plans on building the facility immediately. Appointing a committee may give the public the impression Council wants to take the heat off it and have a scapegoat when dissatisfaction on the selections is expressed by the tax payers. Committee recommendations may not be in line with Council's thoughts on location and Council could be faced with dis- regarding the Committee's recommendation entirely. New City Hall Site April 18, 1984 Page -3- Alternatives: 1. Don't appoint a Committee. 2. Wait until the immediate need arises. 3. Appoint the Committee. 4. Other Alternatives. Recommendation: Appoint the committee, select the site and be prepared for any immediate future need. LH:cah %/7 L M E M O R A N D U M TO: John K. Anderson/City Administrator FROM: H.R. Spurrier/City Engineer RE: Shakopee Racetrack Improvements DATE: May 11, 1984 Introduction: A Resolution initiating condemnation for the North/South Collector Street serving the Shakopee Racetrack Site is being prepared by Rod Krass, Assistant City Attorney. Background: The description to be incorporated in the Resolution was not in final form at the time this memorandum was prepared. It is important that the City proceed with all speed in this matter so that this roadway can be ready for the opening of the Racetrack. Action Requested: Adopt Resolution No. 2262, A Resolution Initiating Eminent Domain Proceedings for Acquisition of the Right -of -Way Required for the North/South Collector Street. HRS:cah M E M O R A N D U M TO: John K. Anderson/City Administrator FROM: HR Spurrier/City Engineer RE: Shakopee Racetrack Indirect Source Permit DATE: May 11, 1984 Introduction: All of the illuminous work undertaken as a part of the Environ- mental Impact Statement was undertaken for a purpose. Actually the purpose was to provide information that could be utilized in determining the requirements for the Indirect Source Permit for the Shakopee Racetrack. The permit is required because of the impact on traffic volumes on Trunk Highway 101 and because of the number of cars parked in the Racetrack parking lot. Background: I have attached page 38 and page 39 from the Indirect Source Permit Application. These two pages specify general requirements over and above the roadway improvements specified in the Environ- mental Impact Statement. The Indirect Source Permit assumptions are correct so long as the City undertakes the work outlined in the Environmental. Impact Statement and reiterated in the Indirect Source Permit Application. Since the offsite roadway improvements must be undertaken by the City, and since the traffic system management actions must be taken by personnel trained by the Shakopee Police Department, it will be necessary for the City to participate in the application. Therefore, the proposed action will be to direct the appropriate City officials to execute and apply for the Indirect Source Permit for the Shakopee Racetrack. There is a possibility of minor revisions to the Indirect Source Permit Application prior to the meeting May 15th. If those are made, those modifications shall be listed on a handout on the table Tuesday night. Should there be any questions about the full permit, I have a copy in my office available to any interested Councilmember or citizen. Action Requested: - A motion to direct proper City officials to execute the Indir.ec:t Source Permit Application for the Shakopee Racetrack to be sub- mitted by the City of Shakopee and Minnesota Racetrack, Inc., to the Minnesota Pollution Control Agency. HRS:cah Attachment MITIGATION MEASURES Transportation lift Transportation system management (TSM) techniques involve implementation of 30 low cost strategies aimed at reducing congestion on heavily traveled streets and highways. Traffic analyses completed earlier in this report were based on desired travel patterns with little, if any, restraints. TSM actions which will be implemented to minimize the effect of racetrack traffic can be grouped into the following categories: 1. TSM Actions to Reduce Peaking -- These actions consist of the promotion of pre -race and post -race activities to encourage patrons to arrive early and to delay their departure. These activities include on-site dining, indoor concerts, promotional give-away contests, handicap seminars, picnics inside the grandstand and infield of the track, and other entertainment activities. 2. TSM Actions to Promote Transit Use -- A great deal of effort will be expended to encourage racetrack patrons to take public transit or charter service buses to the site. Arrangements will be made with major hotels, restaurants and municipalities who may wish to provide charter service on a regular basis, especially for peak events. Ample bus parking areas will be provided at the site, along with the provision of convenient pick-up and drop- off locations to reduce the amount of walking to a minimum. If necessary, special discount prices on tickets will be offered to transit users as an incentive to use transit. Frequent shuttle bus service can be provided to pick up patrons at Valleyfair and at MTC bus stops in Shakopee and Savage. The City of Shakopee will develop its opt out program to coordinate with MTC bus stops. 3. TSM Actions to Promote Efficient Use of the Regional and Site Access _Roadways -- These actions include special route rnaps indicating best routes to the site (to be shown in the media and handed out at the track). These maps will also serve the purpose of deterring patrons from using certain roadways (such as CSAR 16); on-site and off-site signing to help distribute the traffic evenly; mandatory direction of departure from parking lots to prevent overloading of certain access and exit points. 4. TSM Actions to Im�ro_ve Traffic Flow -- These actions include the provision of traffic patrol supervision at access gates to the site; at external intersections where there is potential for traffic congestion (e.g., TH 101 and CR 83, TH 101 and Valley Park Drive, and in the future, at CR 83 and the Shakopee Bypass) particularly on peak event days; and at roadways whose 11se by site traffic should be discouraged (e.g., CSAH 16). Air Quality In addition to the TSM measures (described above) to mitigate CC) emissions, particulate emissions will also require mitigation. Particulates will increase due to construction, overflow parking and racing on the track itself for either alternative. Mitigation measures to control these emissions include: 38 1. Restricting vehicles from unpaved surfaces. 2. Spraying construction areas and haul roads with water or oil, especially during periods of high winds or high levels of construction activity. 3. Minimizing the period or extent of area of cleared and regraded land. 4. Covering or spraying material stockpiles and truck loads. S. Washing the wheels of vehicles leaving the construction site to limit dust reentrainment. 6. Sodding or seeding of the overflow parking areas. 7. Treating the track with water or dust controlling chemicals. 8. Covering the loads of trucks hauling dust -producing materials from the site. 9. Ceasing dust producing activities during periods of high winds. 39 MEMO TO: John K. Anderson, City Administrator /Doz.., FROM: Judith S. Cox, City Clerk RE: Investigation Fee For Liquor License Applicants. DATE: May 8, 1984 INTRODUCTION: Too much Staff time is spent on applications for liquor licenses for business transfers before the sale falls through. BACKGROUND: More recently, the City has received applications for liquor licenses, the application has been advertised, the applicant has been checked out by the Police Department, and the sale has fallen through. The Police Department has gone through a substantial amount of work which turned out to be for nothing. In an attempt to encourage an applicant to be more sure of his acquisition of a liquor business and more sure of his financial. situation, before applying for a liquor license, it is recommended that the appli- cation/investigation fee be increased. State law allows the following investigation fees: a] Within the State - Up to $500.00. b] Out -of -State - Cost of investigation up to $10,000.00. The Police Chief recommends, and I concur, that the current fees of $59.00 within Minnesota and $356.00 outside Minnesota, be increased to $300.00 within Minnesota and $1,000.00 plus additional costs incurred, up to $10,000.00 outside Minnesota. ALTERNATIVES: a] Increase investigation fees. b] Do not increase investigation fees. c] Increase investigation fees, but delay until 1/1/85. RECOMMENDATION: Adopt new investigation fees - Alt. a.] - won't apply to renewals ACTION REQUESTED: Offer Resolution No. 2254, A Resolution Amending Resolution No. 2190, Setting Fees for City Licenses, Permits, Services and Documents, and move its adoption. JSC/bn RESOLUTION NO. 2254 A RESOLUTION AMENDING RESOLUTION NO. 2190, SETTING FEES FOR CITY LICENSES, PERMITS, SERVICES AND DOCUMENI'S BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that Resolution No. 2190 is hereby amended as follows: Application and Investigation fee for Off Sale or On Sale Liquor License: a] If investiagtion within Minnesota $300.00 b] I.f investigation outside Minnesota City expenses up Adopted in Minnesota, held this ATTEST: City Clerk Approved as to form this day of , 1984. City Attorney to $10,000.00 W/$1,000.00 deposit. session of the City Council. of the City of Shakopee, day of , 1984. Mayor of the City of Shakopee MEMO TO: John K. Anderson. City Administrator FROM: Judith S. Cox, City Clerk RE: Amendments to the City's Personnel Policy DATE: May 8, 1984 On a number of different occasions during the past Council has approved staff recommendations to changes in personnel policy. The attached resolution incorporates changes. It also amends two sections not previously by Council. few months the City's all these authorized No. 1 - clarifies how vacation shall be figured for any employee beginning his sixth or sixteenth year of employment who was part-time before becoming full-time. to include the adjustment of the anniversary date to reflect full-time service and if an employee leaves before he has benefited for what he has been adjusted, he shall receive severance pay. Council approved concept earlier. No. 2 - permits an employee to carry over into a new calendar year, the amount of vacation earned during the year. Staff would like Council to consider this approach as opposed to permitting an employee to borrow one-half of yearly vacation any time during the first six months of the year, and to borrow all of yearly vacation any time during the last six months of the year. The computer cannot keep track of negative vacation. (Council approved the concept of borrowing vacation earlier.) The current policy permits an employee to carry over two weeks vacation and with the ability to borrow against the first six months vacation of a new year, an employee could plan a three or four week vacation in January or February. The proposed language would also allow an employee (who actually earns 3 or 4 weeks vacation in a calendar year) to take a three or four week vacation in January or February without borrowing vacation. Staff recommends approval. No. 3, No. 4, No. 5, No. 8 - states that an employee suspended without pay, in excess of one pay period shall not accrue any vacation, or sick leave during suspension, but will still be extended group insurance plan benefits. Council approved concept earlier. No. 6 - states that an employee's starting date will be adjusted, for vacation accrual purposes, for any unpaid leave of absence over 90 days. This would prohibit an employee from earning a third week of vacation after five years when one of the five years the employee was on a leave of absence. Council has not discussed this before. Staff recommends approval. No. 7 - The majority of non union employees, when polled, indicated a desire to trade Columbus Day for the Friday after Thanksgiving. If Council agrees, this amendment will reflect this change. This amendment also sets Veterans Day observance for November 11th as opposed to the Fourth Monday in October. If this amendment is approved, it will impact Police Union employees also, since their contract does not specify what their holidays are. It will not impact Public Works Union employees since their contract specifically states Columbus Day as a holiday and is silent on the Friday after Thanksgiving. Council has not discussed this trade in holidays in recent months. Staff recommends approval. AIerna fives a. Adopt the resolution in its entirety. b. Adopt only items previously approved and directed to be put in resolution form: 1, 3, 4, 5, 8. C. Adopt resolution as drafted, deleting items 2 and/or 6 and/or 7. Staff recommends alternative a. Action Requested Offer Resolution No. 2255, A Resolution Amending The City of Shakopee Personnel Policy Adopted by Resolution No. 1571, and move its adoption. .1.0'r.1 ;ms 13 • 41to willI ►1 A RESOLUTION AMENDING THE CITY OF SHAKOPEE PERSONNEL POLICY ADOPTED BY RESOLUTION NO. 1571 WHEREAS, Resolution No. 1571 was adopted by the City to provide reasonable and clear expectation of the conditions of employment for its employees; and WHEREAS, it is necessary to amend certain sections of Resolution No. 1571 from time to time to maintain reasonable and clear conditions of employment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the following language is added to Section 8, Vacation Leave With Pay, Subd. 1, AMount., of the City of Shakopee Personnel Policy, Resolution No. 1571: When a full-time employee begins his sixth or sixteenth year of employment, who was part-time during part or all of his employment. for purposes of figuring vacation, his anniversary date may be adjusted to reflect full-time service; however, if the employee should leave before he has benefited for what has been adjusted, he shall receive severance pay for the earned, unused vacation. 2. That Section 8, Vacation Leave With Pay, Subd. 2, Accrual, of the City of Shakopee Personnel Policy, Resolution No. 1571, is hereby amended to read as follows: No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year. unless specifically authorized by the City Administrator with the 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. 3. That Section 8, Subd. 5 is hereby added to the City of Shakopee Personnel Policy, Resolution No. 1571, as follows: Subdivision 5. Suspension Without Pay If an employee is suspended without pay, in excess of one pay period, pursuan,t--t Section 20, Subd. 2, he shall not accrue any v cation uring said suspension period. 4. That the following language is added to Section 9, Group Insurance, of the City of Shakopee Personnel Policy, Resolution No. 1571: The City shall extend group insurance plan benefits to employees while under suspension. 5. That the following language is added to Section 10, Sick Leave, Subd. 1, Amount, of the City of Shakopee Personnel Policy, Resolution No. 1571: If an employee is suspended without pay in excess of one pay period, pursuant o ection 20, Subd. 2, he shall not accumulate sic leave during suspension. 6. That the following language is added to Section 13, Leaves Without Pay, of the City of Shakopee Personnel Policy, Resolution No. 1571: An adjustment to the employees starting date, for vacation accrual purposes, shall be made for any unpaid leave of absence over 90 days. 7. That Section 15, Rest Periods and Holidays, Subd. 3, Holidays, of the City of Shakopee Personnel Policy, Resolution No. 1571 , is hereby amended to read as follows: The following holidays prescribed and regulated by Minnesota Statutes Section 645.44, Subd. 5, for public offices shall be observed: DATE January 1st Third Monday in February Friday before Easter Last Monday in May July 4th First Monday in September November 11th Fourth Thursday in November Fourth Friday in November December 25th HOLIDAY'S CELEBRATED New Year's Day President's Day Good Friday Memorial Day Independence Labor Day Veterans Day Thanksgiving Friday after Christmas Day Day Day Thanksgiving All employees shall receive such holidays off with pay, and whenever a major holiday falls upon a Sunday, the following Monday shall be observed in lieu thereof. Whenever a major holiday falls on Saturday, the preceding Friday shall be observed in lieu thereof. If any allowable holiday occurs during the employee's scheduled vacation, it shall not be counted as part of said vacation. 8. That the following is added to Section 20, Discipline, Subd. 2, Disciplinary Action Stens, 3), Sus end sign Without Pay• (For discontinuance of benefits while under suspension, see Section 8, Subd. 5 and Section 10, Subd. 1.) Adopted in session of the City Council of the City of Shakopee, Minnesota, held this ___ day of 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1984• City Attorney /G'c, MEMO TO: Mayor, City Council FROM: Tom Brownell, Chief of Police RE: Amended City Code Sec. 10.60 Subd. 3D DATE: May 3, 1984 Introduction: Council directed Staff on May 1, 1.984, to amend the Noise Ordinance, Section 10.60 to provide greater flexibility for construction projects when extended hours are required. Background: The present Subd. 3D restricts the operation of power construction equipment except between the hours of 7:00 a.m. and 10:00 p.m. weekdays, or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. The amended provision will permit Council to suspend the opera- tion of Section 10.60, Subd. 3D for a specific purpose at a specific location and for a specific length of time upon giving public notice of the nature and limits of suspension. The new provision was drafted by the City Attorney. Recommendation: Amend City Code Section 10.60 Subd. 3D by adding the following provision: "Upon timely application being made and the necessity therefore being established, the Council may suspend the operation of Section 1.0.60 Subd. 3D for a specific purpose at a specific location and for a specific length of time by Council action and be giving public notice of the nature and limits of such suspension." Action Requested: Offer Ordinance No. 144, An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 10, entitled "Public Protection, Crime and Offenses" by adding a new Provision to Section 1.0.60 Subd 3D as herein setout and by adopting by Reference Shakopee City Code Chapter 1 and Section 10.99 which among other things contain Penalty Provisions, and move its adoption. TB:cah C. Refuse Hauling. it is unlawful for any person to collect or remove garbage or refuse in any residential district except between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours ,qf 9.00--a,M,/and .,9:00ff P,14 o ny we kN holiday. /.��(�/�, �;i T D. Construction Activitie It`iui y, person to engage in or awful perrnit construction activities invol use of any kind of electric, diesel, or gas -powered machine or other power equipment except between the hours of 7:00 A.M. and on any weekday or between the hours of 9:0-G',, and 9:®0 p0 poi any weekend or holiday. ----. Subd. 4. Receiving Land Use Standards. tricts. IA. Maximum *noise Levels t)y Rec(_iving Land Use Dis- t is unlawful for any person to operato or cause or permit to be operated any source of: noise in such a manner as to create a noise level exceeding the limit set in Table 1 for the receiving land use category specified when measured at or within the property line of the receiving land use. TABLE 1. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS. DAY NIGHT (7:00 A.M.-10:00 A 00 p.M.) (10:00—PI.-M.-7:00 _ _: 0 0 _- Land Use Districts L10 1,50 LJO Residential .35 65 60 �5 1150 Commercial 70 b5 70 50 Industrial80 65 75 75 The limits of the most restrictive district shall apply at the boundaries between different land use categories. The determination of land use shall be by its zoned designation. 3. Exemptions. The levels prescribed in Subpara- graph A do not apply to noise originating on public streets and alleys but such noise shall be subject to other applicable Subdivi- sions of this Section. Subd. 5. Air Circulation Devices. It is unlawful for any person to permanently install or place any air circulation device, except a window air conditioning unit, in any outdoor location until the noise control officer determines that the device in that loca- tion will comply wits the ncise level st;ind,rds prescribed in Subdi- vision 4, Subparagraph A. Subd. 6. Exception for Emergency Work. Noise .reated exclusively in the performance of emergency work to preserve the public health, safety, or welfare, or in the rrerformance of emer- gency work necessary to restore a public servic, or eliminate a 243-5 (11-]-82; '$ -'- power maintenance equipment and 10:00 P.M• except between the hours of 7:00 A.M. on any weekday 9:00 P.M. on any weekend or or between the holiday. Snow hours of 9:00 A.M. and exempt from this provision. removal equipment is C. Refuse Hauling. it is unlawful for any person to collect or remove garbage or refuse in any residential district except between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours ,qf 9.00--a,M,/and .,9:00ff P,14 o ny we kN holiday. /.��(�/�, �;i T D. Construction Activitie It`iui y, person to engage in or awful perrnit construction activities invol use of any kind of electric, diesel, or gas -powered machine or other power equipment except between the hours of 7:00 A.M. and on any weekday or between the hours of 9:0-G',, and 9:®0 p0 poi any weekend or holiday. ----. Subd. 4. Receiving Land Use Standards. tricts. IA. Maximum *noise Levels t)y Rec(_iving Land Use Dis- t is unlawful for any person to operato or cause or permit to be operated any source of: noise in such a manner as to create a noise level exceeding the limit set in Table 1 for the receiving land use category specified when measured at or within the property line of the receiving land use. TABLE 1. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS. DAY NIGHT (7:00 A.M.-10:00 A 00 p.M.) (10:00—PI.-M.-7:00 _ _: 0 0 _- Land Use Districts L10 1,50 LJO Residential .35 65 60 �5 1150 Commercial 70 b5 70 50 Industrial80 65 75 75 The limits of the most restrictive district shall apply at the boundaries between different land use categories. The determination of land use shall be by its zoned designation. 3. Exemptions. The levels prescribed in Subpara- graph A do not apply to noise originating on public streets and alleys but such noise shall be subject to other applicable Subdivi- sions of this Section. Subd. 5. Air Circulation Devices. It is unlawful for any person to permanently install or place any air circulation device, except a window air conditioning unit, in any outdoor location until the noise control officer determines that the device in that loca- tion will comply wits the ncise level st;ind,rds prescribed in Subdi- vision 4, Subparagraph A. Subd. 6. Exception for Emergency Work. Noise .reated exclusively in the performance of emergency work to preserve the public health, safety, or welfare, or in the rrerformance of emer- gency work necessary to restore a public servic, or eliminate a 243-5 (11-]-82; ORDINANCE NO.–.IYL Fourth Series An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 10, entitled "Public Protection, Crime and Offenses" by adding a new Provision to Section 10.60 Subd 3D an herein setoaL and. by adopting by Reference Shakopee City Code Chapter I and Section 0.)9 which among other Things contain Penalty Provisions THE CITY COUNCIL OF THE CITY OF S11AKOPE-11', MININIFSOTN, SECTION 1: The Shakopee City Code Section 10.50 Subd N is adding thereto the following provision: - "Upon timely application beinF made and LAC rWCe19SitY therefore being established, the Council may Suspend the operation of Section 10.60 Subd 3D for a specific purpose at a specific location and for a specific length of time by Council action and by giving public notice of the nature and limits of such suspension. SECTION II: ±e �It The Shakopee City Code Chapter 1 entitled " General Provisions and Definitions applicable to the entire City Code including Penalty Provisions" and Section 10-99 entitled "Violation a Petty Misdemeanor" are hereby adopted in their entireLy by reference as though repeated verbatim herein. SECTION III: When in force and effect After the adoption, signing and attestation cf onjinance 1-t- shall be published once in the official newspaper of the City of Shakopee and shall then be in full force and effect. Adopted in of the GiL'Y Council In the 'City of Shakopee, Minnesota held this day of 1984. ATTEST: City Clerk Prepared and 4pproved as to fora this 2nd day of May, 1984. City Attorney for City of Shakopee F�Ythe City of Shakopee —o —ro f