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HomeMy WebLinkAbout08/21/1984 MEMO TO: Mayor and Council FROM: John K. Anderson, City Admin. RE : Non-Agenda Informational Items . DATE: August 16 , 1984 1 ] Attached is a memo from George Muenchow regarding the swimming pool season aid a recent incident at the pool . 2 ] Attached is a memo from Ray Ruuska regarding the neighbor- hood meeting on the 5th Avenue sanitary sewer project . 31 Attached is a letter from Representative Bill Frenzel regarding recent legislation which exempts all units of local government and local government officials from damages under Anti-Trust Laws in both pending and new cases . 4] Attached is a letter from the President of Warner True Value Hardware , Inc . to Sue Sichmeller of Capesius Agency regarding a sewer back-up claim. Jim Karkanen indicated that the debris and type of debris pulled from this sani- tary sewer indicates that there is the possibility that kids or other people have caused the back-up by dumping into the line . The normal claim process is being followed. 51 Today, I received the District Court ruling from Judge Fritzgerald, dated August 7 , 1984, notifying the City that the injunction sought by petitioner Linda M. Muhlenhardt to prevent Everett Keith from using a roadway easement has been dismissed. Ms . Muhlenhardt ' s Attorney had drawn the City into the case because the easement is to the City of Shakopee . Council is likely to see this item in the form of a request for vacation of the roadway easements in the near future . 61 Attached is the monthly Revenue and Expenditure Report for the month ending July 31 , 1984. 7 ] Attached is a Newsletter from Ehlers and Associates . 81 Attached are the minutes of the August 2 , 1984 Shakopee Coalition meeting. 9 ] Attached are the minutes of the July 5 , 1984 Shakopee Public Utility Commission meeting. 10] Attached are the minutes of the July 25 , 1984 Downtown Ad Hoc Committee meeting. 11 ] Attached is the Tentdive Agenda for the Downtown Ad Hoc Committee. 121 Attached are the minutes of the August 1 , 1984 Downtown Ad Hoc Committee . JKA/bn �#4akvpcc TvrnmunitU �#pruiceu 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education George F. Muenchow, Dir. August 15, 1984 Memo To Jahn Anderson F.Y.I. - SWIMMING POOL INCIDENT TODAY 1 . Just a little while ago a youngster in attempting a back flip from the high board (three meter) hit her face against the board which caused a gash in the nose and severe bleeding. Staff followed correct procedurest removed her from the water immediately, comforted her, stopped the bleeding, called her mother, and ascertained that even though she basically seemed ok that an ambulance should be called to ensure against the possibility of a concussion. An injury report will be filed. At this time I don't know the youngsters name. Apparently her mother is a nurse and understood the situation very calmly. 2- As we know from past experience extreme hot weather brings the worst out of people. The manager says that some of the people, especially young motherst at the pool are really getting ob- noxious making it very difficult for staff to do their job. For example. . .why can't we drink pop and eat popcorn on the beach? This is now the time that the phone will start ringing asking why the season cantt be extended. Next Sunday will be the last day which, if youtll remembertis one week later than the ending time used in previous years. It co-incides with the one week extended time used last summer. Even if we considered extending the season we would not have any staff next week. W re iimpi-ng ,his •e ek area . 3. This has been a great summer at the pool once that we got rid of the cold weather at the beginning- We have an exc'allent staff and I am very proud of them as I stated in this weeks column in the Valley News. This is despite some of the guff that they take from some of the public. Georee F. Muenchow A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 � MEMORANDUM TO: John K. Anderson FROM: Ray Ruuska RE: Neighborhood Meeting on 5th Avenue Sanitary Sewer Reconstruction Project DATE: August 16, 1984 INTRODUCTION: A meeting was held on August 8, 1984 with homeowners affected by the above project. Dan Hertsgaard of St. Francis Hopsital provided a meeting room and refreshments. BACKGROUND: The purpose of the meeting was to inform the homeowners about the project and how it would affect them. Homeowners were asked for their co-operation during the construction period. Informa- tion was provided regarding individual service replacement, estimated cost, and payment options. CONCLUSION: While we had hoped for a larger turnout, it did appear that less than one-half of the owners were in attendance. The meeting went well, however, and should be held for future similar pro- jects. A follow-up letter to all homeowners has been done to insure that they are all aware of the project. RR/pmp BILL FRENZEL MINNESOTA OFFICE: THIRD DISTRICT,MINNESOTA MAYBETH CHRISTENSEN Room 446 WASHINGTON OFFICE: 8120 PENN AVENUE SOUTH 1025 LONGWORTH BUILDING }� dQ� t� (`7 (� BLOOMINGTON,MINNNESOTA 55431 202-225-2871 ConarelJfJ of the niteb *tater 612-881-4600 wouge of Repreantatibo a!gbington, M.C. 20515 August 10, 1984 The Honorable Eldon Reinke Mayor AUG 131984 City of Shakopee 129 East First Avenue rNE Shakopee, MN 55379 Dear Eldon: I am happy to report to you that the House of Representatives just passed H. R. 6027, legislation which will exempt all units of local governments and all local officials from damages under antitrust laws in both pending and new cases. It is not a complete solution, but it would be a forward step. A similar bill had passed in the Senate as an amendment to the Justice Appro- priation bill just prior to the July recess. However, this was removed last week in a House and Senate Conference so that the House could fully review the antitrust issue through the normal Committee process. It appears that there is very strong support in both Chambers to protect cities against the cost of antitrust litigation. For that reason, I am reason- ably confident that Congress will approve this legislation prior to final ad- journment in October. Enclosed is a copy of my statement in support of the legislation. If you have any additional questions, please let me know. Best regards, J��. Bill Frenzel Member of Congress BF:pd enclosure THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS 1 arner .T/=7/a&e. Hardware, Inc. 1570 HIGHWAY 10 SHAKOPEE, MINNESOTA 55379 • T ELE:'HONE: (612) 445-2365 August 8 , 1984 AUG 9 484 CITY OF SHAKOPE�. Sue Sichmeller Capesius Agency 129 South Holmes Street Shakopee, MN 55379-1376 Dear Sue : This will confirm our phone conversation yesterda , notifying you of our claim for reimbursement of costs involving a severe sewage back-up at our office, located at 1570 East Highway 101 , Shakopee, at about 10 : 30 a.m. on August 7 , 1984 . We understand the city ' s main sewage trunk line se-rving our building was severely clogged . We are accumulating our costs involving clean-up , carpeting, labor and other miscellaneous items and will have these for your review in several days . Sincerely, Richard F . Irby President RFKsmc CC. 6,eC1.i_ty of Shakopee, 129 East First Avenue , Sha::opee, MN, 55379-1376 Ronald 1• . 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N -• rv, rNN W N -+ �O.r +O n ■ r + rA • P D 00 C J A Z OAC '� J • N G A O A Z OLo H z mM o G7 G'I tom-)'' T C fl A n H ;L fo 2 < < rA m T r- D -+r x T H p n O T n n z r p' ;Z7 LJ r m VI N n j r m i D v :D O 8 � A W n 1 H i O Z-0 t C m N X A l x a m s' r r n Z r w o w C p V1 �J J z c < x m n H a A m ra v O V A � 1 y N D � J O 00 00 N N � 00 A r Vt VI N V1 V7 n V1 Q :O 4D 00 00 O O O M ti O O O O O O -• O O O O O Cl M O 2< J + w D O N p O 00 n< N P O O O. C T O O O w �.m 00 b ro V D 1 W _- • - J Vf J J 1 m 00 W OD 00 i„ A A J of Vi D _ V vA Vr O �n A VI OD 00 .O O J M W O O w O.W 2 V r vi N A D m Cs rl A O Q V V W W W A EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-6291 (AREA CODE 6121 I I FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members August 1 , 1984 i NEwsLETTER It's amazing how we adjust to high levels of discomfort. Interest rates remain historically high; yet business goes on. The 20-Bond, 20-Year BBI (tax exempt yields) was 10.24% as of i July 14, down .75% from its most recent high, but still very expensive. How horrified many of us were when interest rates punched through 4%. 5%. and then 6%! I Congress limited private purpose, tax exempt (IDB) bonds to $150 per capita for all but "smaller" population states, which get a minimum $200 million annual allowance. So we are still looking at $30-50 billion IDB's annually competing directly with the states and their subdivisions for inves-tors s_eekinq tax, P.xemgt i,nvP_�tmppt�. i To move the total volume, prices of all tax exempt bonds must fall (interest rates must rise) to attract lower tax bracket investors. (Investment bankers call it "broadening the market".) the price of the total supply must fall to the level necessary to sell the last bond. If the supply could be limited to that which could be sold to 50% tax bracket investors, interest rates would qo down to 5 or 6%. This would save about $1 million on a 20-year, $1 million issue (10.25% vs. 6%). States and their subdivisions would save tens of billions. Lower interest rates are worth fighting for, but the question is: "How?" Development, investment banking and business people say that tax exemption is necessary for industrial and community development. However, extraordinarily high tax exempt rates have forced conventional, taxable rates up as well. A 13% tax exempt M el d (I DB's X is eaui valent to 2fxt to thQ -r,(M tax_ hrUkPt i.nme-"tar__ A. 10.25% G. 0. bond yield is equal to 20.50%. Why would an investor accept a 13 or 14% conventional, taxable yield? Answer: If any conventional investment must be sold to taxable investors, it will be to lower bracket taxpayers for whom tax exemption is not s4 valuable. A 10.25% yield is equivalent to about 14.06% to a 30% bracket investor, and he alone can be attracted to a conventional investment yielding something like 14%, taxable. The 50% taxpayer investor will only consider something over 20.50%, taxable. Thus, overuse of tax exemption drives up the cost, not only of tax exempt borrowing, but also of conventional rates. Elementary. Artificially high yields have made the dollar so strong that we've met resistance selling our Frroaucu�- rterV-, reT 'aione' overseas. rnis"rias ' iea 'to an adverse balance of ua%tments:. hiq " l stress to Third World countries, etc. Liberal exemption from taxes causes all sorts of unintended mischief. Our Wang integrated data processing/word processing system is up and running, and we continue to improve upon it. This capability plus some very special software enables us to do much more and better planning for clients than anyone in the field. If you haven't done so, you ought to try us. We enjoyed seeing all of you at the conventions and appreciate your visiting with us. With warmest personal regards, we are Very truly yours. RECEIVES,, AUG 10 1984 4 CITY OF SHAKOV- _e EHLERS AND ASSOCIATES, INC. Present: George Muenchow Jackie Kes Pat Ploumen Joan Salter Roman Schneider Jim Streefland SHAKOPEE COALITION August 2, 1984 Deloris Gorman John Neely Joan Zwach Tom Brownell Jan Flesland Chairperson Neely called the meeting to order at 7:00 a.m. Joan Salter & Jackie Kes gave a Food Shelf update. Joan stated that there was an error in the July 19 minutes in that the figures reported were for half of July rather that the whole month. Food Sheld activity during July was: 102 households (families) were served, which included 340 individuals. Of those, 57 families or 190 individuals were from Scott County. The numbers from Shakopee were 25 families, 71 individuals. The food given out was sufficient to prepare 7,140 meals during the month. To compliment donated foods, the Food Shelf spent $4,057 to purchase food items. Volunteers are especially needed during the month of August. Food and cash donations are always welcomed and needed. The majority of persons served have been unable to find employment. Many of those persons are also referred to other resources for assistance in job finding, housing, etc. Jackie issued a special thank you" to Ken Theis for providing space for the Food Shelf. Jan Flesland reported that Murphy's Landing is doing very well this year with dramatically increased attendance. Murphy's Landing will be featured on "Good Company" today and a Japanese Company doing a travelogue cookbook took numerous photos at Murphy's Landing to use in their cookbook of American style cooking. Tom Brownell presented a most informative report about the Shakopee Police Dept. The Dept has 14 sworn officers, 10 of whom are assigned to patrol. One patrol shift has only one officer on duty which makes it often difficult to apprehend law breakers in the process of committing an offense. Tom indicated that the Dept would have to hire three more persons to assure more than one officer on duty at all times. Last year there were 8,000 calls regarding requested services, criminal complaints, etc. That averages about one call per hour, 24 hours a day, 365 days a year. Officers are forced to make priority judgements in responding to calls. Tom spoke to the excellent cooperation between the Scott County Sheriff, the Highway Patrol, and Shakopee Police, and indicated that cooperative agreements exist between all the Police Depts in Scott County. Shakopee also has a cooperative agreement with Bloomington for some special services. The Shakopee Coalition continues to be solvent. Next meeting is Thursday, August 16, 6:30 a.m. for coffee & rolls, meeting at 7:00 a.m. at the Citizens State Bank. Meeting adjourned at 7:55 a.m. Respectfully submitted, Pat Ploumen ANNOUNCEMENT Shakopee Coalition Meeting — Thursday, August 14, 1984 Citizens State Bank Community Room 6:30-7:00 a.m. Coffee, juice, & rolls 7:00-8:00 a.m. Meeting The Shakopee Coalition is an opportunity for all Shakopee organizations and special interest groups to be represented to share ideas, gather information, and ascertain needs in the ---community- Every local organization is missing a very unique opportunity if they are not represented. The meetings are always short and interesting. Is your organization represented? People currently on the mailing list: (if someone has been missed, feel free to invite them) Chamber of Commerce Virgil Mears St Francis Regional Med Ctr Joan Zwach Police Dept Tom Brownell Pat Ploumen School Board Becky Kelso MCIW Jerry Knutson Indians Baseball Bill Schleper Shakopee Valley news John Neely SACS School Bill Streff Knights of Columbus Gene Skalsky Knights of COlumbus Terry Link League of Women Voters Paulette Rislund Senior Citizens Roman & Ruth Schneider Lions Club Jim Streefland Shakopee Ministerial Assn Tom Reiner United Christian Hands Lois Weckman City of Shakopee John Anderson Rotary Club Jeff Manthe Shakopee Jaycees Jaycee Women Anita Whittington Murphy's Landing Jan Flesland City Council John Leroux Scott—Carver Economic Council Jackie Kes Food Share Project Joan Salter Citizens State Bank Brian Norris Scott County Extension Dave Hart Shakopee Community Services George Muenchow 9 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular meeting on July 5, 1984 at 4:30 P.M. in the Utilities meeting room. Commissioner Kirchmeier offered a prayer for divine guidance in the deliberations of the Commission.* MEMBERS PRESENT: Commissioners Kirchmeier, Gorman and Cook. Also Manger Van Hout, Superintendent Leaveck Liaison Wampach and Secretary Menden. Motion by Cook, seconded by Gorman that the minutes of the June 7, 1984 regular meeting be approved as kept. Motion carried. Liaison Wampach gave a report on the progress of the downtown Ad Hoc Committee. Some opposition was expressed on the proposed assessments. BILLS READ: City of Shakopee 20,032.00 American Safety Otility Corp. 36.53 Auto Central Supply Co. 108.53 Auto Con Industries, Inc. 1,430.20 Bentz Construction Inc. 150.00 Burmeister Electric Supply 293.73 C.H. Carpenter Lumber 188.50 Capesius Agency, Inc. 20,442.69 City of Shakopee 10,642.88 City of Shakopee 15.32 Feed Rite Controls, Inc. 66.97 Graybar Electric Co., Inc. 3,380.09 H & C Electric Supply Co.' 425.13 Hagen Systems, Inc. 252.33 Mary Henderson 27.93 Hydraulic Jack and Equipment Service Co. 353.90 Ed Leaveck 655.73 Vincent Marschall 103.74 Ted Neisen 442.00 North Star Waterworks Products 80.04 Northern States Power Co. 1,210.16 Northern States Power Co. 235,646.54 Office Interiors, Inc. 500.00 Harold Pass 112.50 PrahmColl Properties 125.00 Reynolds Welding Supply Co. 30.72 River Electric Association 580.00 Schoell and Madson, Inc. 407.70 Serco 64.00 Shakopee Public Utilities Commission 108.28 Shakopee Services 18.00 Software Consultants 100.00 Starks Cleaning Services 8.65 Suel Business Equipment 2,831.34 C Total Tool Supply, Inc. 105.00 Lou Van Hout 1,358.92 Viking Steel Products, Inc. 15.96 Water Products Co. 717.96 Westinghouse electric Supply Co. 873.72 KK Design 867.40 Motion by Cook, seconded by Gorman that the bills be allowed and ordered paid. Motion -carried. Manager Van Hout presented a sketch for illustration purposes from Schoell and Madsen Engineers, regarding the Shakopee Racetrack Trunk Water Assessment area. A tabulation of the assessable area on the racetrack site for the trunk water assessment was given. The costs involved with the assessable area was also given. The Commission advised to bill the Shakopee Racetrack for the assessable area. The agreement between the Minnesota Racetrack Inc. and the Shakopee Public Utilities Commission regarding the installation of the watermain was explained. Motion by Kirchmeier, seconded by Gorman, to enter into the agreement between the Minnesota Racetrack, Inc. and the Shakopee Public Utilities Commission. Motion carried. Superintendent Leaveck and Manager Van Hout reported on the progress and the timetable for getting the electric service to the Racetrack.site. Manager Van Hout reported to the Commission that he would like to see a better handle on the insurance policies now in force for the Shakopee Public Utilities Commission. When renewal time comes close he will be working closely with the City Treasurer. The office remodeling timetable was given. Specs should be available soon. The need for the repair of the roof was discussed. The Commission recommended that the architect working on the office remodeling be questioned.,on.the type,of roof that will solve the problems. The Howe Chemical Co. water service was discussed. Motion by Cook, seconded by Kirchmeier, to direct Manager Van Hout to write Howe Chemical Co. a letter stating our position and the patience we have shown with the imminient solution that has never been accomplished and with a completion date given for complying with the installation of the water meter and the backflow preventor or the SPUC will initiate procedures for water disconnection on the date given. Motion carried. The scheduled removal of the capacitators with P.C.B.'s is on schedule and should be completed in the near future. The River Electric Association Joint Powers Agreement resolution will be prepared for the next meeting. The Shakopee Public Utilities Commission logo will be worked on for the next meeting. m;ra s�Lwcer, zL "Ve"Ii *4 -was &iscussel. A sample of the water from Well #4 will be sent in to be analyzed. Manager Van Hout reported to the Commission on the problems in Eastview I Addition with the errosion and the problems it is causing our underground electric lines. A report on Minnesota Municipal Utilities Association convention was given. A discussion was held on our computer needs and the information group being offered by the MMUA. A new plat was introduced by Manager Van Hout called South Parkview. The problems involved with the looping on the cul-de-sacs in the area were di_sr-'U S . There were no fire calls for the month of June, 1984. There were no lost time accidents for the month of June, 1984. The next reguiar:mgeting Will.be held on.Thursday,.August,a, 1984.at 4:30 P.M. Motion by Cook, seconded by Gorman, that the meeting be adjourned. Motion carried. 1v PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, MINNESOTA July 25, 1984 Chrm. Laurent called the meeting to order at 7:30 A.M. with the following voting members present: Bill Wermerskirchen Jr., Terry Link, Jerry Wampach, Jim Stillman, Joe Topic and Don Martin. Absent: Dan Steil, Steve Clay and Mike Sortum. Also present: Jeanne Andre, Community Development Director, John Anderson, City Administrator, Judi Simac, City Planner and Ken Anderson Consultant. Link/Stillman moved to approve the minutes of June 20th and June 26, 1984 as presented. Motion carried. Ken Anderson then displayed and discussed the new proposed design of the Downtown By -Pass for T.H. 169 and T.H. 101. The new option displayed consisted of the closing of the steep portion of Spencer north of First Avenue, and combine it with other lots to make a 9/10 acre parcel; continuing the alleyin Blk 2to line up with Levee Drive; and the closing of Lewis St. north of First Avenue, making an additional 1/4 acre lot. The plan also showed a pedestrian walkway under the bridge going across the river and illustrating one of the three options for the bridge. The bridge option presented is the low dollar project of widening the bridge to make three lanes. The other two options for the bridge are: 1) widening the existing bridge to 4 lanes or 2) building a new structure upstream to accommodate 2 more lanes. Mr. Anderson recommended that the 4 lanes would be the best, and not cost the City anymore, but if it was a matter of time waiting a year or two for 4 lanes or building the 3 lanes now, he'd recom- mend going with the 3 lanes now, if Mn DOT can supply the funds. Jeanne Andre arrived at 7:53 A.M. Ken Anderson stated that he had broken the job down into three projects; 1) the bridge project, 2) Federal Aide primary project, which is the bridge intersection with highways 101/169 and 3) the 1431 project, being the Federal Aide Secondary fund pra3ect. He also stated that 1/3 of the total cost would be for right-of- way acquisition. Judi Simac arrived at 7:58 A.M. Jim Stillman questioned if the pedestrian walk -way across the bridge was really necessary? Ken Anderson stated that it was because the Trail Head people, working with the Department -of: Natural Resources, plan on using Shakopee as a big part of their trail system. So the bridge would be used to cross the river to cannPct hik-e- and pedestrian trails to the other side of the river. Downtown Ad Hoc 7/25/84 Page two IIb Jeanne Andre commented that there is a grant for the observation platform proposed by the river and it will be constructed next year to tie in with the DNR project. Mel Lebens asked how we would refer to the new proposed plan displayed by Ken Anderson. It was suggested that it would be referred to as the B-1 Revised Plan, Updated as of July 25th. Jerry Wampach asked Ken Anderson what advantage if any, was there in keeping the buildings on the North side of 1st Ave., between Lewis and -Holmes? He feels these buildings are the eye sore of the City of Shakopee. Ken said these buildings are basically architecturely sound and interesting. They do need to be made more attractive, but that can be done. John Anderson commented that it was the decision of the committee after long discussions, that the northside of lst Ave. was needed and contributed a lot to the downtown plan. Bill Wermerskirchen left at 8:31 A.M. Terry Link asked who was going to be responsible for fixing up the backs of the buildings on the North side, the owners or the City? Discussion followed relating to the development and needs of the North side of lst Ave. Jeanne Andre stated that some incentive to property owners to fix up their buildings would be the income tax breaks to the owners for rehabilitation and the loan money that would be available through loans with affordable interest rates. Gary Laurent suggested that the City not rule out the renovation of the Opera House site as a possible site for the City Hall. Jim Stillman left &Bill Wermerskirchen returned at 8:50 A.M. Mel Lebens offered his suggestions and comments on the Downtown Plan. He felt the only way the downtown could be revitalized would be to first get rid of the railroad along Second Avenue, because it does create a lot of problems. He questioned the use of the tax increment money, the burden of this project on all Shakopee citizens and what the assessments will be to the property owners. He also indicated that he believes existing off-street parking can't be replaced with on -street parking, and auestioned_ t -he. niunh- -,f C arv��� +�h �.� ��,� Zs L'u1� '1L -th �J'1'dYi is implemented. Discussion followed. Jeanne Andre recommended that maybe it would be a good idea for; 1) Don Martin to check on how downtown valuations might change due to the enhancements create" �gith tie Nrep�sea Pjablic improve- ments, 2) that further explanation should be provided to show the public what could be done to improve the area on the North side of lst Ave. and 3) that the provisions for parking spaces (the number lost and created) should be addressed at the public meeting. jD Downtown Ad Hoc 7/25/84 Page three Jeanne Andre informed the committee that the City Council would like their response to the comments from the Planning Commission and the Industrial Commercial Commission. This will be discussed at the next meeting on August 1st. Don Martin left at 9:58 A.M. Laurent/Link moved to adjourn at 10:10 A.M. Motion carried. Toni Warhol Recording Secretary TENTATIVE AGENDA Downtown Ad Hoc Committee City Hall Council Chambers August 22, 1984 7:30 A.M. Chrmn.. Laurent presiding 1. Call to Order at 7:30 A.M. 2. Approval of July 26, 1984 and August 1, 1984 Meeting Minutes. (Distributed with the August 15, 1984 Agenda) 3. Approval of the Plan and Addendum 4. Development Proposals a. Marina project east of downtown b. Railroad Depot project 5. Response to Planning Commission Rezoning Review 6. Recruitment of new members 7. Other Business 8. Adjourn Jeanne Andre Community Development Director CITY OF SHAKOPEE Downtown Ad Hoc 8/1/84 Page two John Anderson recommended pulling out 2 or 3 projects from the plan and getting them going in phases. He also suggested a typed question and answer sheet, with responses to questions that had been addressed at the public meetings. This should answer a lot of questions the City Council and the Downtown business people might have. Terry Hennen, a downtown businessman, voiced his concerns re- garding the mini -by-pass. He thought it would divert a lot of his business away from his shop because he feels a lot of his business is brought in by people passing by. Bill Wermerskirchen left at 8:53 A.M. John Anderson stated in order to get MnDOT going on the mini -by- pass, that there would have to be City Council approval of the Concept Plan. That consensus is needed from all the businesses to get this concept plan going. Jeanne Andre informed the committee of a developer that is inter- ested in a marina project just east of the downtown area. She asked if the committee wants to discuss such a project and its relation to the downtown, or wait until the Council acts on the plan. It was suggested that the developer be scheduled to pre- sent a concept plan at the Aug. 22nd meeting, with consensus to encourage developers while working on getting a plan adopted. There has also been an interest shown in developing the railroad depot. Steve Clay was concerned about spending too much time on the small items, that we should get going and get the concept plan approved. He felt the committee should encourage adoption of a broad plan and go back and work on the details. Bruce Carness, a downtown businessman, questioned whether or not tax increment districts had to be established before the mini -by- pass is constructed. He agreed that the by-pass will help the community as a whole, not just the downtown area. Jeanne Andre and John Anderson will draw -up a question and answer sheet for the Aug. 15th meeting. It was also suggested that the next two meetings be scheduled for 7:00 A.M. to 9:00 A.M. Martin/Topic moved to adjourn at 9:46 A.M. Motion carried. Toni Warhol Recording Secretary TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA AUGUST 21, 1984 Mayor Reinke presiding 11 Roll Call at 7:00 P.M. 21 Recess for H.R.A. Meeting 31 Reconvene 41 Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda.) *71 Approval of the Minutes of July 31 and August 7, 1984 81 Communications: a] Association of Metropolitan Municipalities re: AMM Agenda and Important Activities Status 91 Public Hearings: aJ 6:00 p -m. - Application for $60-U-,0VU- tiommercial Development Revenue Note - Shakopee 84 Partnership 101 Boards and Commissions: I.C.C. *a] Realtor Workshop Planning Commission b r Racetrack planning & Zoning S-tudy with recommended - Code Amendments cl B-2 District Planning Study d] Rezoning Request Area adjacent to Racetrack from R-4 to I-1 e] Rezoning Request East and West side of C.R. 17 between 4th and C.R. 16 (Clete Link) f] Consideration of Preliminary Plat - South Parkview Addition *g] P.C. recommendation on 6 year C.I.P. Downtown Committee h] 8:15 - Downtown Revitalization Report Cable Commission i] Penalties related to Completion of Initial Cable System 111 Reports from Staff: a] Request for Extension of Entitlement for IR Bonds - memo on table *b] Local Government Aid Policy 1,3co c] Awarding Bid for Fire Vehicle - memo on table d] August 7th Agenda Items - bring memos 11 Nomination to Planning Commission (11j) 21 Appointment of Citizen to Serve on Scott County's Criminal Justice Advisory Committee (CJAC) (11k) *31 Speeding in the Alley Behind Dunning Hardware and the Eagle Pet Store (111) *41 Purchase of City Right -of -Way by Scott County for CR 83 Improvements (11m) *51 Probation Termination (11n) e] Authorizing Advertising for Bids for Construction of Shenandoah Drive - Res. No. 2295 f] Authorize Advertising for Bids for C.R. 83 Widening g] Authorize Advertising for Bids for TH 101 Intersections h] Authorize Seeking Quotes for Horizon Heights Drainage - memo coming i] Deerview Acres Road Repairs j] City Streets Requiring Guard Rails k] Moving Huber Park Hockey Rink to East Side park (JEJ Addition) 11 Accounting Clerk Position (parttime) m] Approval of the Bills in the Amount of $ n] On Sale Intoxicating Liquor Licenses - Limited Number *o] Family Dining, Inc. - New Insurance Policy *p] Temporary 3.2 Beer License - Mn. Valley Restoration Project *q] Temporary 3.2 Beer License - Shakopee Knights of Columbus 121 Resolutions and Ordinances: *a. Ord. No. 149, Shoreland Ordinance 131 Other Business: a] Distribute and briefly outline key elements of the proposed 1985 Budget b] c] 141 Adjourn to Tuesday, August 28, 1984 at 7:00 p.m. John K. Anderson City Administrator TENTATIVE AGENDA Housing Authority in and for the City of Shakopee, Minnesota Adjourned Regular Session Chairman Colligan presiding 1. Roll Call at 7:00 P.M. 2. Approval of the Minutes of August 7, 1984. 3. Other Business 4. Adjourn to August 28, 1984, at 7:00 P.M. August 21, 1984 Jeanne Andre Executive Director CITY OF SHAKOPEE PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 7, 1984 Vice -Chair Lebens called the meeting to order at 7:17 p.m. with Comm. Wampach, Leroux and Vierling present. Comm. Colligan was absent. Also present were Jeanne Andre, HRA Director; Judith S. Cox, City Clerk; Julius A. Coller, II, City Attorney and Mayor Reinke. Leroux/Wampach moved to approve the minutes of July 3, 1984 as kept. Motion carried unanimously. The HRA Director stated that the Minnesota Housing Finance Agency is the agency that has authority over Mr. Bergstad regarding his management of 200 Levee Drive, and they apparently are satisfied that he is meeting minimum requirements worked out in his management plan. She said the City has little recourse to recommend improvements. Her recommendation would be to encourage complaints to be handled directly by Mr. Bergstad or through the local senior group, and that any complaints be made in writing. Discussion followed regarding adequate follow-up for requests for help via the "call button". The City Attorney responded that it would be possible for the City to pass an ordinance requiring the installation of some form of emergency communication in residences for the elderly to communicate with the Sheriff's Office, but he cautioned that it would have to be written very carefully with exact attention to details. Leroux/Wampach moved to direct staff to prepare a method by which the City Council can draw up a proposed ordinance to require any residence for the elderly to have a proper call communication with the Sheriff's Office. Motion carried unanimously. The HRA Director was directed to inform Mr. Bergstad and Ms. Henderson of the above action. Consensus was to proceed to handle any subsequent complaints in the rec- ommended way; namely, to encourage written communications to Mr. Bergstad and the local senior group, with the Minnesota Housing Finance Agency being the final appeal body. The HRA Director addressed the possibility of a loan interest write-down for the Family Chow Mein restaurant, and went over the considerations in- volved. The key issue is whether the condition specifying that the work not be undertaken before the loan interest write-down is approved, can be waived. Comm. Lebens questioned if this was a City stipulation or a State requirement. Discussion followed. The HRA Director recommended referral to the Downtown Committee for its input regarding what, if any, modifications to the site would be required to meet the design standards and landscaping requirements. She indicated the Downtown Committee should also take formal action to determine that this parcel is not necessary for roadway acquisition. Shakopee HRA August 7, 1984 Page 2 She commented that several businessmen in the downtown area inquired about the loan program, as it was known generally in the area. However, she explained the program had not been advertised heavily because the downtown standards were not in place yet, and bonds had not been sold for the program. Mayor Reinke expressed his concern that guidelines should be set up for projects using tax increment to be sure the businesses get back on the tax rolls. Leroux/Vierling moved to table consideration of the loan interest write- down for the Family Chow Mein restaurant, pending clarification of the requirement that the work not be done before the application, as to whether the requirement is statutory or local. Motion carried unanimously. Leroux/Wampach moved to recess at 8:00 p.m. Motion carried unanimously. Leroux/Vierling moved to re -convene at 11:05 p.m. Motion carried unanimously. Vierling/Leroux moved to adjourn to August 21, 1984. Motion carried unanimously. Meeting adjourned at 11:06 p.m. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary Bergstad Properties 257 Hopkins Office Center 33 South Tenth Avenue Hopkins, MN 55343 (612) 935-2635 Mr. Dean Colligan, Chairman City of Shakopee HRA 129 East First Avenue Shakopee, MN 55379 RE: MANAGEMENT AT 200 LEVEE DRTvE Dear Mr. Colligan: RICate,:i 5i ,D AUG 1 4 1984 August 10, 1984 In order to clarify my role as owner and management agent of 200 Levee Drive Apartments, I have addressed the follow- ing questions and my understanding of the issue. WHAT IS A SECTION 8 ELDERLY HOUSING PROJECT? AND WHAT ARE THE�RELATIONSHIPS BETWEEN MHFA, HUD AND THE OWNER? The Section 8 Elderly Housing Program is designed to meet the housing needs of those low and very low income elderly families who, without such assistance, are unable to afford decent, safe and sanitary shelter. The basic principle underlying the program is that the Fed- eral Government will make housing assistance payments to owners of rental units to provide the difference between the actual rent of the unit including the cost of utilities other than telephone, and the amount that eligible lower &ifCiiu tG i�ay, wiiic::l aTiivutit i3 limit- ed to thirty percent of their incomes. Under the Section 8 program, MHFA performs dual roles as mortgage lender and as administrator of the Annual Con- tribution Contract on behalf of the United States Depart- ment of Housing and Urban Development (HUD). The Section 8 differs from conventionally financed hous- ing in three important aspects: 1) There are income limitations 2) There are occupancy standards (limitations on the num- ber of individuals who can inhabit an apartment) 3) Resident selection criteria page 1 of 2 August 10, 1984 Mr. Dean Colligan City of Shakopee HRA The Minnesota Housing Finance Agency requires that the Management Agent of a housing development formulate and submit a comprehensive plan for the marketing and management of the development. The Minnesota Housing Finance Agency received the Management Plan for 200 Levee Drive and is satisfied that it meets Y,HFA guidelines. (See enclosed correspondence). WHAT SERVICES ARE THE OWNER AND MANAGEMENT AGENT REQUIRED BY HUD AND MHFA TO PROVIDE? In the housing Assistance Payment Contract between HUD, MHFA and the Owner, the following services must be provided by the owner: Trash removal as well as building and ground maintenance. These are the only services which are required by HUD and MHFA. WHAT IS THE OWNERS/MANAGER FUNCTION IN A SECTION 8 ELDERLY HOUSING PROJECT? The Housing Assistance Contract states that: "The owner agrees 1) to maintain and operate the contract units and related facilities so as to provide decent, safe and sanitary housing 2) to provide all the services, maintenance as listed in Exhibit "C" (see enclosure) If any member of the HRA or city staff has any further questions, please do not hesitate to contact me. i Sincere' yl, Jon /B. Bergst ad JBB/rr cc: Jean Andre / John Anderson LeRoy Houser encl: Correspondence page 2 of 2 Exhibit "C" Bergstad Properties 257 Hopkins Office Center 33 South Tenth Avenue Hopkins, MN 55343 (612) 935-2635 Response to Marge Henderson's memo of August 3, 1984 to Shakopee Housing and Redevelopment Authority. 1) 200 Levee Drive has a budget line item for resident manager salary which reflects time needed to accomplish requirements of HUD, MHFA and the owner. 2) 200 Levee Drive does not have a caretakers apartment on site. 3) The emergency call button system at 200 Levee Drive is covered by a "buddy" system and by having designated tenants with pass keys should an emergency occur when the resident manager is not present. 4) Although the fire alarm can be connected to the fire .department, it would serve no purpose because Shakopee has a volunteer fire department. 1 � John $. Bergs ad JBB/mj OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA I AUGUST 7, 1984 Mayor Reinke called the meeting to order at 7:16 p.m. with Cncl. Wampach, Lebens, Leroux and Vierling present. Cncl. Colligan arrived later. Also present were Judith S. Cox, City Clerk; Jeanne Andre, Community Develop. Director and Julius A. Coller, II, City Attorney. Wampach/Vierling moved to recess for an HRA meeting. Motion carried unanimously. Leroux/Wampach moved to re -convene at 8:00 p.m. Motion carried unanimously. Liaison reports were presented 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, and there was no response. Lebens/Vierling moved to approve the minutes of July 10, 1984 and July 17, 1984 as kept. Rol1,.Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling offered Resolution No. 2285, A Resolution of Appreciation to Fred Coller, and moved its adoption. The City Clerk read the resolution. Motion carried unanimously. Leroux/Wampach moved to open the public hearing regarding Tax Increment District No. 5. Motion carried unanimously. The Comm. Develop. Dir. explained the background and requested action re- garding the creation of this new district and how it relates to District No. 3. Mayor Reinke asked if there were any comments from the audience, and there was not response. The Comm. Develop. Dir. answered further questions of the Councilmembers regarding where the increment can be used, how long the district is in effect and how a district can be modified by the addition of other pro- jects. Cncl. Lebens proposed that this discussion be tied into the discussion of the doi,Tntown redevelopment plan, because if this district is created, the money will be set aside to be spent downtown. Cncl. Leroux responded that the increment captured on this little project in no way supports the whole downtown plan. He pointed out that the downtown project was not adopted at the time previous districts were created downtown and increment captured from them. Vierling/Leroux moved to close the public hearing. Motion carried unani- mously. Leroux/Wampach offered Resolution No. 2293, A Resolution Relating to the Modification of Minnesota River Valley Housing and Redevelopment Project No. 1 and the Modified Housing and Redevelopment Plan Relating Thereto, the Redesignation of Tax Increment District No. IA and the Modification of the Tax Increment Financing Plan Relating Thereto, and the Establish- ment of Tax Increment District No. 5 and the Approval and Adoption of a Tax Increment Financing Plan Relating Thereto By the Housing and Redevelop- ment Authority in and For the City of Shakopee Pursuant to the Provisions Of Minnesota Statutes, Sections 462.411 to 462.716, Inclusive, As Amended, and Sections 273.71 to 273.86, Inclusive, As Amended, and moved its adoption. The City Clerk said the attorney recommended a change in the resolution which would be the addition of the following language in the title Shakopee City Council August 7, 1984 Page 2 and the fifth line of Section 1.04, after "District No. 1A" to insert "of the Downtown Redevelopment Project No. 1". Leroux/Vierling moved to amend the resolution as recommended. Motion to amend Resolution No. 2293 carried unanimously. Roll Call on Resolution No. 2293 as amended: Ayes; Wampach, Vierling, Leroux, Reinke Noes; Lebens Motion carried. The City Engineer explained the background regarding the dedication of the right-of-way of Mielke road for purposes of lawful maintenance, and the establishment of a level of maintenance for cartways. He said there is objection to the City's limitation of its obligation through the im- mediate property owners and their heirs, but not assigns. Mayor Reinke asked for comments from the audience. Mr. Martin Theis stated that the Mielke road was dedicated 18 years ago as a township road and was supposed to have been filed at the Courthouse. He added it was done in 1966 when he bought 120 acres, when three property owners were involved, and the one-half mile drive -way was made a township road at that time. He said a 50 foot easement was dedicated and the road was taken over by the township for 5 years. Then after the annexation, the 6ity took care of it for 12 years; last year they didn't. He con- tacted all the township supervisors, who all said the road was dedicated and supposed to have been filed by the township. The property to the east side of the drive -way was the property dedicated for the turn -around. He said at the time of the annexation, this was the only township road left, and the City agreed to take it. He doesn't think it is right that the City is now trying to dump the road. He said the reason the road is in bad con- dition now is that the City didn't take good care of it the last 13 years. Lois Mielke referred to the Supplementary Findings of Fact when Shakopee annexed Eagle Creek into the City. She read from the Order where it states that "all of the property and obligations of the Eagle Creek Township shall become the property and obligation of Shakopee." She said Eagle Creek was maintaining the road at that time, and she has minutes of the meetings indicating that. She felt it was very disheartening that the City is now looking for loopholes to get out of promises made. Pete Stemmer stated he is interested, but his property doesn't really have anything to do with this. Tom Phillips made reference to a different road that serves his property, which was supposed to have been dedicated back in the 1930's He said that he and other people along the road need access. He wondered if this road access would be discussed now. The City Engineer replied that the Phillip's road is partly dedicated cart - way and partly private road easement. He said that City vehicles are not allowed to go on private roads to get to the cartway, and therefore, there is no maintenance on it anymore. Mr. Phillip has private easement to his property, so there is access. Mr. Theis asked about the lack of progress by the City in getting the turn- around built, which lie is willing to dedicate. He added he is the only original property owner on the road. Therefore, if the City was not to maintain the road for assigns of the original owner, that has not been followed through. Ms. Mielke said she feels the issue of the turn around has been very poorly handled by the City, but they are willing to work with the City. The City Attorney said he drew up the Order at the time of annexation and knows that any public road would become the property and obligation of the City. Subsequent to that annexation, if the City has maintained any private road for a public road for a period of six years, it is considered a public road. The City could be sued if it doesn't maintain it. Shakopee City Council August 7, 1984 Page 3 Mr. Theis said they are willing to dedicate the turn -around, but in light of that interpretation, it may be the City's responsibility to build the turn -around. Ms. Mielke said they would be willing to work with the City, possibly with an assesment arrangement to help withthe financing. Mr. Theis said the legal descriptioncf the road is on record. The City Attorney stated that even if there is a discrepancy between the legal description and the actual road, where the road is presently governs the location. Leroux/Lebens moved to direct staff to proceed with a clarification of the dedication of the road commonly referred to as the Mielke Road from CR42 to a turn -around 1,320 feet south of CR42. Motion carried unanimously. The City Engineer was directed to determine what is necessary to bring the road up to City standards and recommend a level of maintenance for cartways to be added to the pavement preservation and rehabilitation policy. The City Attorney gave his opinion that at this late date he wouldn't rcommend a dedication of the road. He recommended dust locating the road by survey and file that location in the County Recorder's Office. The City Attorney was asked to work with City staff to get all the legal obligations taken care of. Leroux/Vierling moved to receive and file the letter from J. W. Abbott, Zylstra-United Cable Television Co., dated July 25, 1984, supporting the downtown revitalization prollect. Motion carried unanimously. Cncl, Vierling suggested notifying Bev Koehnen of the Planning Commission of the forum to be held August 13, 1984 regarding solid waste disposal. Leroux/ Wampach moved to direct staff to further research the nature of the EPW permit to be issued to Ashland Chemical to operate a hazardous waste storage facility, and determine whether a conditional use permit is required. Motion carried unanimously. Cncl. Colligan arrived and took his seat at 9:15 p.m. Cncl. Lebens remarked that the St. Francis Hospital is out of order in supporting a downtown pro4ect that will cost taxpayers a lot of money, when the hospital does not pay taxes in the City. Leroux/Vierling moved to receive the letter from St. Francis Medical Center supporting the recommendations of the Downtown Committee, dated July 31, 1984 and refer it to the Downtown Committee. Motion carried with Cncl. Lebens opposed. Leroux/Vierling moved to accept the resignation of Mr. Jim Abbott from the Community Access Corp. Board of Directors. Motion carried unanimously. Leroux/Wampach moved to appoint Mr. Bill Lepley to the Shakopee Community Access Corp. Board of Directors. Motion carried unanimously. Discussion ensued regarding the pros and cons of cable -casting the City Council meetings. The City Attorney pointed out that the meetings can be televised with or without the Council's permission, as long as it does not obstruct any proceedings. Vierling/Colligan moved to support the efforts of the Shakopee Community Access Corp. to cable -cast the City Council meetings, and thank them for their involvement. Motion carried unanimously. The City Clerk read a letter from the Scott County Administrator asking for four nominees from the Third Commissioner District to be included in a petition from the County Board to Judge Young for the establishment of a Scott County Study Commission in accordance with L.S. 375A.13. Leroux/Lebens moved to have the City begin a search process for someone willing and able to serve on aScott County Study Commission. Motion carried unanimously. Barry Stock,Transit Coordinator, went over the delay in start-up time for the transit program and revised schedule of important dates. T Shakopee City Council August 7, 1984 Page 4 Mr. Stock addressed the Van Pool Request for Proposal specifications. Lebens/Wampach moved to approve the Van Pool Request for Proposal specifications. Mr. Stock recommended the addition of the language "pending MnDOT final approval". Leroux/Vierling moved to amend the motion to add, "pending MnDOT final approval. Motion to amend carried unanimously. Main motion as amended carried unanimously. Mr. Stock explained the confusion in the specifications for the Dial -A - Ride regarding the Lack of specifics about the back-up van. He con- firmed that the recommendation of the Energey & Transportation Committee would be for Option l,which would require the location of the facilities in Shakopee. Mr. Norbert Schmitt said that Shakopee Services bid three vehicles, and there were were only two required, therefore, the City would have the choice of of which vehicle would be the back-up. Bob Janneseck, of Transportation Management, asked about Option #2, where the facilities would not be located in Shakopee. Mr. Stock replied that the Energy & Transportation Committee basically felt it would be more practical to locate in Shakopee because of response time, visibility and the creation of more jobs in the City. Mr. Janneseck said under Option #2, he would intend to locate the vehicles in Shakopee between 6:00 a.m. and 6:00 p.m., although they would not be housed in Shakopee. They have an existing dispatch system at the airport. He added because of their other contracts, they have 5 vehicles in the area during the course of a given day, and they could be available for addi- tional service or back-up. He would also still provide a Shakopee phone number. Leroux/Vierling moved to exercise the City's right to waive any irregulari- ties in the bid and award the Dial -A -Ride Transit Program to Van Pool Ser- vices, Inc. in the amount of $19.25 per hour/per vehicle, and authorize the appropriate City officials to enter into a contract with Van Pool Ser- vices, Inc., pending MnDOT final approval. Roll Call: Ayes; Unanimous Noes; None Motion carried. The Community Develop. Director said the Downtown Committee is in the pro- cess of planning and preparing a list of questions and answers relative to the issues raised at the last public meeting. They are asking for in- put in the form questions from Council and direction as far as the level of future public involvement. Cncl. Lebens said she had 4 questions she would like added to the list. She would recommend that when the list is finished, a copy should be sent to the 150 downtown businesses that were earlier contacted. Cncl. Leroux suggested hiring someone on a temporary basis to do a poll of people exiting businesses downtown to inquire as to what they purchased, why they stopped at that store, was it planned or unplanned, where they are coming from and where they are going. He feels this would help in terms of what traffic is needed and how much business is affected by drive-by traffic. Discussion followed. >_n said he has been in business for 14 years, and his business � Vl by People ours -1a&- or- z [faiebpee-. t[1s c uirue-rrr 175"' Liiav' ii' cnL' -pass is constructed, then this mini by-pass may well be not mistake would have been made to spend so much money if it ry. He said many businesses in Hopkins think the re-routing E main street was a mistake. He would advise waiting with the u th? Y'aZ1L[i,,Ut iesses on the north side and landscaping. He said he has put '_s building, and he is all for fixing up the businesses downtown. Mr. Ed Dress( 1b supported" major south b; needed; and a isn't necessa. of traffic of. tracks, bush $60,000 in hi Shakopee City Council August 7, 1984 Page 5 Mr. Dressen would agree that it would be nice to get rid of the truck traffic and some of the through traffic, but ne needs some traffic downtown for his business. The Comm. Develop. Dir. pointed out that even with the by-pass, there would still be significant traffic because of the bridge crossing. Mr. Dressen wondered if the major traffic was cut because of the south by-pass by one-fourth or one-third, would that still be intolerable downtown. He said it is his belief that many busi- nesses succeed because they are good businesspeople. He said that contrary to popular belief, the downtown businesses are not a depressed area, and just need a little cosmetic changes like painting, planting trees and shrubs and burying electric lines. Ms. Lucv Rein said at the last meeting her lack of parking for customers was addressed, because of the by-pass, but she said another important consideration is the need for a place for her suppliers to unload and garbage to be picked up, as she has only one entrance. Mr. Claude Sinnen asked about assessments on residential property. Mayor Reinke pointed out that the City can only assess what it can show benefit for. Cncl. Leroux reminded him that residential was assessed for the park- ing lots downtown, but then the assessment was deferred as long as the pro- perty remained residential. The Comm. Develop. Director urged continued attention to this plan, as there are many related items the Downtown Committee will have to deal with if aAy part of the plan is adopted. She should start soon to apply for a Community Development Block Grant for next year. Colligan/Wampach moved to continue this discussion until receipt of the questions and answers list on August 21, 1984, with the stipulation of looking for a decision within the next month on the Downtown Redevelopment Plan. More discussion followed on the merits of having a survey of clientele. Several members of Council and the audience said busimess owners would have a better idea of their customers than a survey could reveal, and the question should be included on the list for downtown businesses. Motion carried unanimously. Lebens/Vierling offered Resolution No. 2288, A Resolution Amending Resolu- tion No. 2102, Establishing the Shakopee Cable Communications Advisory Commission, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to authorize the appropriate City officials to enter into a contract with the Renaissance Festival for the provision of volun- teer fire department services Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to authorize the purchase of a Ricoh 6080 copier for $11,639.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling moved to approve the Police Profession Liability Insurance coverage from the Republic Insurance Company with a $1,000,000 limit for a premium of $3,842.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Engineer gave further background on the bids for the Pavement Preservation Program. Leroux/Colligan moved to award the contract for the 1984 Pavement Preserva- tion Program to Allied Blacktop, 10503 89th Avenue North, Maple Grove, Mn. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to authorize the Engineering Dept. to negotiate with the C^.:'.��&C�^� fv� ync�gllaYinn_ of a demonstration section of Asphalt - Rubber. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council August 7, 1984 Page 6 Leroux/Wampach offered Resolution No. 2294, A Resolution Accepting Bid on 5th Avenue Sanitary Sewer Reconstruction Project No. 84-6, Shakopee, Mn., and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Engineer said lie has a meeting scheduled for tomorrow night with property owners along this line, where he will offer them the same type of program offered in the curb replacement program. He confirmed that clay services were acceptable, and the only change would be to orangeburg services, which would be replaced. Colligan/Leroux moved to approve Change Order No. 1 for JEJ Drainage of former CMSP & P Railroad right-of-way, Contract No. 1984-3, increasing the contract amount by $200.00, and increasing the number of calendar days for completion by 60 days. Roll Call: Ayes; Reinke, Vierling, Leroux, Wampach, Colligan Noes; Lebens Motion carried. Wampach/Vierling moved to approve Change Order No. 2 for Tahpah Park Sewer and Water Services, Contract No. 1984-3, increasing the contract by $432.60. Roll Call: Ayes; Unanimous Noes; None Motion carried. Cncl. Leroux stated it is ridiculous to pay someone $50 per hour to take pictures, and he believes routine items could be done by a less expensive temp&rary person. Discussion followed. Vierling/Wampach moved to authorize the appropriate City officials to enter into a letter of agreement with John Shardlow of Howard Dahlgren & Assoc. for planning services for the study of certain re -zoning questions along CR17 at a price not to exceed $1,700.00, and to request an itemized state- ment of actual hours worked. Roll Call: Ayes; Vierling, Leroux, Colligan, Wampach, Reinke Noes; Lebens Motion carried. Lebens/Vierling moved that bills in the amount of $1,183,898.97 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to remove from the table Resolution No. 2283, A Resolution Ordering the Improvement of Shenandoah Drive by Roadway, Public Improvement No. 1984-4. Motion carried unanimously. Roll Call on Resolution No. 2283: Ayes; Wampach, Reinke, Colligan, Leroux, Vierling Noes; Lebens Motion carried. Lebens/Vierling offered Resolution No. 2287 Amending Resolution No. 2179, Adopting the 1984 Budget. Roll Call: Ayes; Unanimous Noes;None Motion carried. Lebens/Vierling offered Resolution No. 2290, A Resolution Vacating the Public Alley in Block 1, According to the Plat of Terrence Addition, Scott County, Minnesota, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling offered Resolution No. 2291, A Resolution Vacating the Public Alley in Block 1, According to the Plat of Terrence Addition, Scott County, Minnesota, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling offered Resolution No. 2292, A Resolution Permitting Aerial Intrusion of Easement as Hereinafter Described, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach offered Ordinance No. 149, Fourth Series, An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 11 entitled "Land Use Regulation (Zoning)" by repealing Sec. 11.35 entitled "Shoreline Zoning District" and replacing it with a new Sec. 11.35 entitled "Shoreline Zoning District" as hereinafter setout; by Adding Additional Definitions to Sec. 11.02 entitled "Definitions"; by Adding Additional Protected Areas to Sec. 11.21; and by Adopting by Reference Shakopee City Code Chpater 1 and Sec. 11.99 which, Among Other Things, Contain Penalty Provisions, and moved its adoption. The City Clerk summarized the ordinance. _ Shakopee City Council August 7, 1984 Page 7 Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Leroux offered Resolution No. 2289, A Resolution Appointing Judges of Election, and Establishing Compensation, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to re -consider the motion of July 17, 1984 to authorize staff to install "Resident Parking Only - Violators Will Be Towed" on the west side of Dakota Street, between 1st Avenue and 2nd Avenue. Motion carried unanimously. Leroux/Lebens moved to direct staff to install "Resident Parking Only - Violators Will Be Towed" on the east side of Dakota Street, between lst Avenue and 2nd Avenue. Motion carried unanimously. Cncl. Leroux initiated discussion of a sewer service that was incorrectly installed in the City right-of-way and is not working properly. Leroux/Vierling moved to direct staff to correct the sewer elevation prob- lem on the City's portion of the service at 1934 East 11th Avenue. The City Engineer estimated the cost to be about $1200.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Attorney informed the Council about a hazardous situation where the -sidewalk ends on the east side of Fuller between the alley and Levee Drive, where there is a 22 foot drop to the retaining wall. The City Engi- neer was directed to look into it, and bring a recommendation back to the Council. Leroux/Lebens moved to recess to the HRA Meeting. Motion carried unanimously at 11:05 p.m. Leroux/Vierling moved to re -convene at 11:06 p.m. Motion carried unanimously. Leroux/Vierling moved to adjourn to August 21, 1984 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 11:06 p.m. Judith S. Cox, City Clerk Diane S. Beuch Recording Secretary 1 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 31, 1984 Mayor Reinke called the meeting to order at 7:07 p.m. with Cncl. Leroux, Colligan and Wampach present. Absent were Cncl. Lebens and Vierling. Also present were John K. Anderson, City Admr.; Jeanne Andre, Comm. Develop. Director and Julius A. Coller, II, City Attorney. The following members of the Ad Hoc Downtown Committee were also present: Gary Laurent, Terry Link, Bill Wermerskirchen, Jr., Jim Stillman, Steve Clay and Don Martin. Gary Laurent, Chairman of the Downtown Committee, introduced the planner and traffic engineer from Westwood Planning and Engineering, the consul- ing firm for the downtown redevelopment. Mr. Laurent explained that the Downtown Committee is a single purpose committee established to study the downtown area and make recommendations on its improvement. He said the committee has no power of its own, and only makes recommendations to the City Council, which has final authority. He said the committee has been meeting for over 3 years, and now it is time to make some tough decisions as things are changing around and in Shakopee faster than ever before. He explained they are trying to create an economically viable downtown which will be able to compete with other parts of town and outside town. He egphasized that it is a big project that is long-term and will have to be flexible. It is the committee's belief that any results accomplished will be a product of this committee, City staff, City Council, downtown businesses, local developers and outside developers and SPUC, along with various other state and federal agencies. Mr. Laurent said the single biggest problem facing downtown merchants is the traffic. He said of the 24,000 vehicles travelling through a day, over 30% is truck traffic, with 85% of the traffic just passing through and not stopping downtown. The noise makes it hard to talk and pedes- trian traffic is hazardous. The downtown is lacking a definite retail core, and there is no sense of arrival. He acknowledged the previous downtown committees which made some progress, but said today it can be seen more clearly than ever the results of not making some changes. On the positive side, many businesses downtown have been here for a long time, many own their buildings, and almost all have a commitment to stay in the downtown area for a long time in the future. He went over the marketing study that was done and how that will help with future development. Mr. Laurent pointed out on the drawing the concept plan of Alternate B1 Revised the various areas of housing, institutional, retail and public. He said the intention is to keep the retail core small enough to accomo- date the shopper who wants to park and walk to the stores. He also pointed out the drawing showing some of the streetscapes. The committee hopes to create some unity in the downtown area with signage, building fronts and streetscapes. Mr. Laurent pointed out that the mini by-pass will take most of the heavy traffic around behind the retail core area. This plan changes the main street to a two-lane with diagonal parking. He said some positive changes will be happening along the riverfront next year. Mr. Laurent said one of the things they could not change was the presence of the railroad tracks. However, they hope to change for the better the appearance of the tracks and some of the crossings. He said a rehabilita- tion loan program has been set up, to enable those who want to make improve- ments to their buildings to do so with lower interest rates. The Local Development Corporation will become more active and take up the role of management and promotions for the downtown area. The estimated costs for the various aspects of the redevelopment are: $3.4 million for mini by-pass and bridge improvements; $4 million for street- scapes improvements, sidewalks, trees, street lighting and parking lots; $800,000 for burying utility lines along riverfront and other riverfront improvements; $585,000 for housing assistance in the form of land write- Shakopee City Council July 31, 1984 Page 2 downs and interest rate reductions and $2 million allocated for rehab loan program. This is a total of $11 million. The committee has done some research into various Federal, State and local government grants and programs available for funding of these improvements. Mr. Laurent explained how the tax increment district works and how it can help the City. There is also money available from the Kmart and Racetrack tax increment districts. It is up to the City Council to determine where that money will be spent; whether in the downtown area, some other pro- ject in the City or generally to lower the entire tax levy of the City. Mr. Laurent stated the Downtown Committee has recommended that the down- town businesses pay for 25% of the $4 million estimated streetscape im- provements, which is in line with other City policy for special assessments. That would be $1 million in assessments. He mentioned the handout which shows how that assessment could happen over the average City lot. Mr. Laurent said there has been concern over the appearance of the north side of First Avenue. He mentioned the grants and funding that is avail- able for landscaping and acquisition projects. Mr. Laurent said it is the feeling of the Downtown Commiteee that making the downtown better will be a benefit to the City as a whole. He listed many other communities and areas that have been successful in this type of redevelopment project. The Committee believes that if changes are not made, the City will not remain the same, but will go down -hill. He thinks if we only want to make one mistake, it would be to do nothing. Colligan/Leroux moved for a 10 minute recess at 7:50 p.m., to allow the people in the audience to study the various drawings. Motion carried unani- mously. Colligan/Wampach moved to re -convene at 8:12 p.m. Motion carried unanimously. Mayor Reinke asked for comments from the audience. Dick Mertz said it is his understanding that the big by-pass proposed for south of the City will be going in about the same time as this mini by-pass. Ken Anderson, Traffic Engineer of Westwood Planning & Engineering, responded that the Downtown Committee believes this mini by-pass will go in sooner. Mr. Mertz said the total assessed valuation of downtown is now only 2 mil- lion and the market value $6 million. He wondered what will happen to those businesses that are not real strong now, if they would be bankrupt with more assessments. He thinks this plan may be going too far. Mayor Reinke said they would not want to make a business pay for an addi- tional assessment based on the business they now have, but on the increased business projected and the increased development that will be generated. Ken Anderson addressed the anticipated financial help from the State re- garding the by-pass and bridge work. He said the mini by-pass is packaged in small segments so it can be easier slipped into the program ahead of other prioritized projects that are larger. He said the south by-pass is scheduled for 1988, with the first construction being an interchange struc- ture on Hwy. 169. He said the amount of traffic that will be diverted with either by-pass will depend a large part on the CR18 bridge. He said the Hwy. 169/Hwy 101 intersection changes are relatively low-cost for MnDOT, and can happen in a short period of time without negatively affecting the south by-pass. The mini by-pass should cut the delay time at the inter- section by one-third or less. Bruce Garness stated he feels the railroad is a more detrimental factor than the truck traffic and he wondered if there was an increase in train traffic planned. Mr. Laurent replied that the railroad informed them that they don't see a significant increase in train traffic in the future. Mel Lebens said he was told by the superintendent who was working on the railroad improvement job that they intend to speed up traffic through the town, run coal cars through to St. Paul, and honk the horn twice instead of once at each intersection. He said the bank is the most significant investment on the tracks. The property values are higher on First because of the traffic. He thinks traffic per se is not undesirable, although they could weed out some of the trucks. He cannot see the $434,000 allocated Shakopee City Council July 31, 1984 Page 3 foradministrative and legal costs to solve the traffic problem. He thinks the whole plan is ridiculous. He said he stated his position before the Downtown Committee last Wednesday and he wanted the minutes of that meet- ing available tonight to be circulated. He went over the figures set forth on the hand-out regarding lots and areas and amounts of money to be assessed. He said the mini by-pass destroys 242 parking spaces and doesn't replace them. He is subtracting from the area the City property and residential lots, which makes the business assessments much higher. He asked if any of the downtown businesses could handle an assessment of $1.99 a square foot. He asked if anyone was willing to pay 130% increase on assessed valuation. He said the downtown market valuation is now $6 million and the assessed valuation $2 million. Mr. Lebens said the tax increment monies available should go to every part of the community, which should all be eligible for benefits. He thinks the senior citizens should benefit also. He thinks if the downtown busi- nesses get all the tax increment money, the citizens will be mad at them and they won't have any customers, as 95% of the patronage is local. He can see why the bank is in favor of this project, as it is free money for them. He said his two sons have just taken over their former business, and he will advise them to capitulate rather than pay the proposed assessment for this project. He doesn't think most of the business in the downtown area are amenable to modern merchandising practices, which require more area. Mr. Lebens said he believes that everybody in the downtown area is game for higher taxes just by being in a tax increment district. He said at his age, he is not interested in putting any money against his property. He asked why the telegraph lines were not removed if people are interested in improving the downtown. He would like to see the taxes reduced, as Shakopee is the highest taxed city in the State. Mr. Lebens said he is not against fixing up downtown, as he was part of the group that got the parking lots installed. He also thinks the railroad could be removed, as there was once a petition with that request. He now sees a plan that will be obsolete before it is finished. Ray Siebenaler asked for a clarification of some of the assessment figures, to try to figure out just what the improvements will cost. The Comm. Develop. Director said the handout on the assessments was prepared as an example. She stressed that there would be a formal hearing before any assessments would be levied, where each property owner would find out exactly what each assessment would be. She added that in the past it has been City policy to assess the City just like everyone else, which would increase the public costs, but not the special assessments. She said the City would have to be able to prove benefit before it could levy any assessments, but in the past a 25% assessment has not been difficult to prove. She said Anoka recently did a similar redevelopment project and successfully assessed at a higher rate than 25%. She added that the assessed valuation is based on the market value and until there are some turn -overs, there wouldn't be a change in valuations. She said there would probably be a delay, with a gradual in- crease, so that the assessed valuation would not come until after the special assessments. And the supposition would be that there would be an economic gain in any improvement to the business. Mayor Reinke said the City Council's concern is to maintain and aid down- town businesses and develop a good, solid tax base. He said these recom- mendations are made by the Downtown Committee which is made up of many bRisiness people who want to stay downtown. Lucy Rein asked about the plan, as it appears there would be no more park- ing for her business because of the mini by-pass. Mr. Ken Anderson explained one of the alternatives for dealing with the right-of-way necessary for the mini by-pass to try to off -set the cost of the project. He said it does impact on parking quite a bit, but it is just one option and it can work just as well without that extra acquisition. He added that they do show replacement parking on -street to replace the two north parking lots that are recommended to be eliminated with the by-pass. :Z,. Shakopee City Council July 31, 1984 Page 4 Mike Pearson asked who will pay for the improvements if the businesses do not have the increase anticipated. He said he drives to Chaska everyday and thinks the No. 1 problem is the traffic and he doesn't see how this will do a lot to eliminate the traffic. Mayor Reinke discussed the public hearing process, which is a long process in which interested parties have the opportunity to make comments and hear projected costs. Frank Reid, President of Shakopee Chamber, said there are a lot of legiti- mate concerns that need to be addressed. He said there are 2.3 to 2.5 million people that can be added to Shakopee's customer base with Valley - fair, Little Six Bingo and the Racetrack. He said that right now you don't even want to bring these people into town because of the existing 24,000 vehicles, which is more than the City can handle. If there can be a combination of a by-pass and more character in the shopping core, there is a good possibility of drawing a good portion of these people into the community. Dave Dennison stated he is a residential owner in this downtown area. He said it makes a difference to him if the businesses do well, but he wonders how the assessments will affect his property. Mayor Reinke emphasized that a benefit has to be shown to any property before an assessment can be levied. A slide presentation was shown which promotes Shakopee, which was put to- gether by the Industrial/Commercial Commission. Rosemary Dineen, representing the Housing Alliance, said they are looking at Shakopee because the marketing study showed a need for more housing for the older population. She pointed out on a map the two areas they are looking at and showed drawings of the projects they are proposing, one of which is market rate condominiums with a plan for a later addition of 40 rental units. The other project is an A1tCare Residence, which would serve 25-30 residents. The proposal is for construction beginning in November. She said both of these proposals are for private ownership. Mayor Reinke reported there is a group of developers who would like to con- struct a clinic in the institutional area, near St. Francis Hospital. The Comm. Develop. Director said there is also someone interested in purchas- ing the railroad depot for a commercial business. She said it is so dynamic to have a plan which shows improvements the City wants to make, which makes a developer feel this is a positive atmosphere for starting a business. She said an owner of one of the empty businesses downtown recently told her this plan is a definite asset in terms of being able to rent his building. Mr. Mel Lebens suggested going back to the Legislature and requesting a new plan called Tax Decrement where it would be guaranteed that there would be no tax increase for a certain amount of time. There could also be a pro- vision that if a business invested a certain amount of money there would be a reduction in assessed valuation by a certain amount. He said he was told that the City Council would take final action within 30 days, and he wants that explained. Mayor Reinke responded that there are various actions that can be taken by the City Council with regard to other agencies and to set up the process for public hearings. He said there is no action taken by the City Council that cannot be changed. Terry Hennen asked about how the City Council would receive his input. Mayor Reinke explained that after a public project is proposed, public com- ment is sought. Mr. Hennen remarked that he thought the first considera- tion should be the amount of money available and then what kind of project could be done for that money, not the other way around. Mayor Reinke said that no one proposes to do this project all at one time. A lot of the project will be 5-10 years down the line. Unless some benefit can be shown, no money can be spent. He compared this to the Holmes Street Project, which had public benefit and public hearings. Cncl. Wampach said Ile is a property owner downtown and is thinking about the possible costs to himself. He said he hasn't heard enough from the developers. He would like to be able to rely more on outside people and investors. He said the Tax Decrement proposal of Mr. Lebens would also be money that would not go into Fiscal Disparities. He thinks there should be more assistance from the State and the railroad. He thinks the railroad should help restore the buildings and City because they use the right-of-way. Shakopee City Council July 31, 1984 Page 5 Cncl. Leroux said there are from 5 to 15 years involved in this plan. Therefore, the $10 million will actually be closer to $15 or $20 million by the time it is done because of inflation. He pointed out the other 75% of the $1 million assessment will be paid for by residential and industrial property owners. He would recommend a step method whereby the City can move slowly and pay certain portions and see whether or not there will be a return on the investment. He would think the by-pass would be first to be implemented, with the State's help. Cncl. Colligan said the proceeds from the Kmart Tax Increment District are for the whole City. He wants to see the downtown businesses put some in- vestment into the project. He agrees that something has to be done about the traffic before anything else can work downtown. Mr. Laurent clarified that the Downtown Committee is talking about a very gradual plan, which is a group of concepts that will happen over a period of time. The next major step for the Committee is to determine what hap- pens first. He said the Committee doesn't want to push something downtown that the businesses don't want to happen. He said he has talked to many people who like this idea who haven't spoken up. He urged everyone to talk to Councilmembers and Downtown Committee members to let their opinions be heard. He said he also wants to make it known that the Downtown Committee is open for expansion and would welcome anyone who wants to be more involved. Cncl. Wampach announced the next meeting of the Downtown Committee which will -be held at 7:30 a.m. tomorrow morning in the City Council Chambers at City„ Hall . Mr. Dick Stoks asked about the time schedule and priorities. Mr. Ken Anderson said if the City adopts the Concept Plan, then staff can proceed to contact MnDOT. Some of the aspects can be folded into the normal main- tenance and operations program of the City. The time frame doesn't have to be specific. Mayor Reinke pointed out that once the Coneept Plan is adopted, an interested developer can be directed to the appropriate loca- tions for development. He added that the loan program is already in place. Mr. Stoks emphasized his belief that you need a time frame first for pri- ority items. Mayor Reinke said that the priority on many items depends on what and when grant funds are available. Discussion continued regarding priority vs. time frame. Cncl. Leroux stated that the chances of an assess- ment before 1989-1990 are between nil and absolutely nothing. Terry Forbor said he hopes the Downtown Committee and City Council are not intimidated by all the negative comments heard tonight. He thinks many of the people who feel positively about this plan have been silent, and the negative minority have been vocal. He definitely thinks it is important to do something downtown. Cncl. Wampach said it is the minority who are paying for it. Mayor Reinke asked if there were any more comments from the audience, and there was no response. He asked the people to continue to talk to the Down- town Committee members and Councilpersons. Leroux/Wampach offered Resolution No. 2286, A Resolution Accepting Bid on Valley Park Drive from Hwy. 101 to 12th Avenue and 12th Avenue from Valley Park Drive to CR83 by Roadway Construction, 1984-5, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to appoint the City Clerk as Acting City Administrator for August 2, 1984 through August 10, 1984 while the City Admr. is on vaca- tion. Motion carried unanimously. The City Clerk presented the background for her suspension of the peddler's license issued to Glenn C. Holly because of complaints received by the Police Dept. on the licensee's sales tactics. The licensee is appealing the suspension. Mr. Holly demonstrated his wording and actions on a typical sales approach. He said he doesn't immediately state who he represents and what he is sell- ing, because he doesn't believe he would able to make his sales presenta- tion if he did. He explained that this is how he was trained by his company, and he didn't know how to change his sales approach. He said that now that Shakopee City Council July 31, 1984 Page 6 he knows the extent of the sexual abuse problem in the area, he is willing to change his approach. Officers Poole and Kaley commented on their contact with the complainants and Mr. Holly. Officer Poole explained that he did not believe Mr. Holly was going to change his sales approach and that is why he recommended the suspension of his license. Sgt. Kaley stated that after the suspension of his license in Shakopee, Scott County received a similar complaint about this man and his sales approach, which had not changed. He also represented to one person that he was with the F.B.I. The City Attorney stated he feels the actions of the City Clerk in suspend- ing this license based on the police officers' complaints was proper in all respects. He feels this is a dangerous and unlawful approach and would recommend the peddler's license be taken away from Mr. Holly. Colligan/Leroux moved to deny the appeal of the suspension of the peddler's license to Mr. Glenn Holly. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to adjourn. Motion carried unanimously. Meeting ad- journed at 11:24 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary -2- 3. MWCC - INDEPENDENT MANAGEMENT STUDY IN PROCESS: As called for by the AMM Board of Directors in March, the process for an independent management study of the internal operations and functions of the Metropolitan Waste Control Commission is underway. (The need for such a study was one of the major recommendations of the so called Boland Commission and the AMM Board thraaits support behind this recommendation). , Members of the Board and Staff coordinated a major lobby effort to assure that this study became a reality and as suggested by the AMM, an independent Advisory Task Force consisting of representatives of the interested organizations and agencies was established to manage and monitor this study. The MWCC approved the RFP, developed by the Task Force, and proposals from the private sector are now being solicited. Proposals are to be submitted to the MWCC office by August 31, 1984 and the Advisory Task Force will meet in early September to review said proposals. While the AMM Board has been critical, at times, of the MWCC operations, we do commend the MWCC Commissioners and Staff for their decision to proceed with the study and to provide the funding. Three members of the AMM Board (Ron Backes, Jim Miller and Jim Spore) and Vern Peterson, AMM Executive Director, are members of the Advisory Independent Management Study Task Force. We will keep Lou informed as this study progresses. 4. CABLE TV - REGIONAL CHANNEL SIX UPDATE: Through primarily AMM efforts, the State Cable Board has designated a working group to resolve issues concerning funding for channel 6, the controlling entity, and how the entity board of directors is to be appointed. Members of the working group include the AMM, the Metropolitan Council, MACTA (Minnesota Association of Cable Television Administrators), the Joint Powers Interconnection Group, the State Cable Board, and various persons representing Cable Companies, potential channel six users, operators such as KTCA and private cable consultants. The State Cable Board received only two responses by its July 2, 1984 deadline for consideration as the entity to control the regional channel. One was a letter from the groups above requesting designation as a working/planning group and the second was a letter from KTCA expressing interest as the operator of channel 6 conditioned upon appropriate funds being made available. The Metropolitan Council choose to participate in the working group rather than make its own application. This group will begin meeting in mid August and provide recommendation by the end of the year. It is probable that legislation will be required, at least where funding is concerned. In the meantime, the AMM General Legislation Committee will be reviewing this issue and developing policy recommendations for the Board and Membership. 5. HOUSING GUIDE/POLICY PLAN REVISION: The Metropolitan Council is in the process of revising the Housing Guide Chapter of the Metropolitan Development Guide. Since the Council's Housing Policy has tended to be somewhat "sensitive" from a local government perspective, the AMM will monitor this process and proposed revisions very carefully. The AMM Housing Committee, Chaired by Bill Barnhart, has already provided preliminary input at a Metropolitan Council public meeting in July. It is expected that a public hearing for final adoption of the revised Housing Policy Plan will be held in early November. The AMM Housing Committee and Board of Directors will be working very closely with the Metropolitan Council during the next couple of months. ACTION REQUESTED: If you would like to provide input through the AMM process, please contact Vern or Roger at the AMM Office. -3- 6. RECREATION OPEN SPACE DEVELOPMENT GUIDE/POLICY PLAN REVISION: The Metropolitan Council is in the process of revising the Open Space Development Guide. A series of informal hearings have been scheduled through August to receive input concerning the effectiveness of the current plan and discussion of an issues paper that has been distributed to all cities. The council will then prepare a formal plan revision for public hearing in November. The AMM Metropolitan Agencies Committee, Chaired by Jim Miller, will be reviewing the Issues Paper and current guide during August to respond to many concerns raised by the comments and questions. ACTION REQUESTED: if you would like to provide input through the AMM process, please contact Vern or Roger at the AMM Office. In addition to the foregoing, the AMM Legislative Policy Committees will be meeting from now to November to develop a legislative policy program for the 1985-86 Legislative Biennium. Your input to the AMM's legislative policy process is always welcome and if the AMM can be of help to you or your city in anyway, please do not hesitate to contact our office. NOTE: This bulletin is being mailed to Mayors and Managers/Administrators. I would appreciate it if you would share this information with your Councilmembers as well. Thank you. ?a, MEMO TO: John K. Anderson, City Admin. FROM: Judith S. Cox, City Clerk C�— RE: Application for $600,000 Commercial Development Revenue Note - Shakopee 84 Partnership. DATE: August 14, 1984 INTRODUCTION: On July 17th Council set August 21st as the public hearing date to consider the application of Shakopee 84 Partnership for $600,000 Commercial Development Revenue Note. BACKGROUND: The City has not yet received all the plans requested from the applicant so all staff members have not had an opportunity to make comments as to whether or not the project. is in accordance with the existing comprehensive planning, zoning, platting and building regulations (Engineering, Building and Planning). 'The applicant has asked if Council would please hold the public hearing, consider comments from the public and continue the public hearing. Comments from staff not available for the public hearing on the 21st could be made at the continuation of the public hearing. After receipt of the building plans, drainage plans and drainage report, comments will. be available from the Building Inspector and the City Engineer. ACTION REQUESTED: 11 Open public hearing. 21 Continue public hearing to August 28th or September 4th. JSC/bn NOTE: Initial site plans submitted are on file, if any Councilperson wishes to see them. / CU MEMO TO: Judy Cox, City Clerk FROM: Judi Simac, City Planner RE: Shakopee 184 Commercial Development Revenue Note DATE: August 16, 1984 Introduction: As per your request, I have reviewed the site plan submitted by Shakopee '84 in conjunction with their request for Commercial Development Revenue Notes. Background: The existing zoning is B-2 which requires a minimum lot size of five acres. Although the Tom Thumb is a permitted use in the B-2, obviously the 2.00 acre lot does not conform to code. Mr. Clete Link, owner of the land, has applied for rezoning, however the final decision has not been made by City Council. A further consideration in terms of land development, is the requirement of the Subdivision Code to plat this land which .is pro- posed for commercial development. On August 14, 1984 I received an application for preliminary and final plat approval from Mr. Link. This application will be heard by the Planning Commission on September 6, 1984. Again, please note that the approval of the platting is contingent upon the rezoning decision. Unfortunately, the developer never contacted me to formally discuss the details of the proposed development. The site plan shows a concrete apron, island and canopy, which I assume is for a proposed motor fuel station. This type of use is a conditional use in both the B-1 and B-2 Districts. I do not know if they in- tend to install gasoline tanks immediately or in the future, how- ever a conditional use permit will be required. (The building official has indicated that cathodic tanks are the only acceptable type of tanks.) In reviewing setbacks, parking, etc. the plan does conform to existing codes. The architect has taken into consideration the proposed performance standards which we hope to formally adopt within the next few weeks. I do have concerns with proposed curb cuts onto CR 17 and CR 16, and the submittal of the drainage report, both of which will be reviewed by the City Engineer. Recommendation: I would recommend that the City Council continue the public hearing and approval decision until the zoning and platting decisions have been made. y TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Realtor Workshop Proposed by Industrial Commercial Commission (ICC) DATE: August 15, 1984 Introduction: The ICC would like to sponsor a workshop for local realtors to inform them of City building ana planning requirements and solicit their comments on attracting people and commerce to Shakopee. Background: Every other year the ICC has sponsored an industry day to attract development to Shakopee. Every year the Building Department has a workshop for local contractors to inform them of recent developments in code require- ments or processes. In September the ICC would like to sponsor a realtor workshop similar in scope to the annual building workshop. The workshop would be directed more to nitty gritty questions of realtors already operating in Shakopee rather than attracting new developers. However since these realtors probably have a vivid picture of the perspectives outside people have of Shakopee, the ICC would also like to tap them for ideas on how to provide a positive environment to attract residents and business. The initial workshop is proposed to be a morning session, held at the K.C. Hall, and opened with coffee and rolls. Since the workshop wasn't anticipated when the ICC's 1984 budget was established, the Council is requested to allocate $50 from its contingency budget for this purpose, and to allocate a similar amount for this purpose in the ICC's 1985 budget. If any Council member would like to further discuss this workshop prior to taking action, call Jane DuBois at 445-6400. Requested Action: 1. Allocate $50 from the contingency fund for the Industrial Commercial Commission to sponsor a realtor's workshop in 1984. 2. Allocate an additional $50 to the Industrial Commercial Commission budget for 1985 to sponsor a realtor's workshop in 1985. lab MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Shakopee Racetrack Area Planning and Zoning Study and Recommended Code Amendments DATE: August 17, 1984 Introduction: Enclosed is the final draft of the Shakopee Racetrack Area Planning and Zoning Study as prepared by.Howard Dahlgren Associates, Inc. The report provides a background and recommendations on the proposed amendments to the City Code regarding permitted and con- ditional uses, performance standards, and rezoning. Background: At the August 9, 1984 meeting the Planning Commission approved a motion to recommend to the City Council that the final Shakopee Racetrack Area Planning and Zoning study be approved. The City Council reviewed and discussed the draft final report at their July 17, 1984 meeting. Following that meeting a workshop was held among area developers, ICC, Downtown Committee, staff and legal counsel to draft language for the performance standards. The standards will be incorporated into the existing permit review process. In regard to the zoning requests and B-2 land use study, the consultant had advised to table decisions on the rezoning requests until the B-2 .Land Use Study was completed. Mr. Shardlow unexpect- antly presented the report at the August 9th Planning Commission, however the Planning Commission did not make a formal motion to accept the report due to lack of time to study the report. Mr. Shard - low will make a presentation on the B-2 District Study at the August 21, Council meeting. As a result of the recommendations provided in the Racetrack Report and the discussion held during the public hearing, the Planning Commission has approved a motion to recommend to the City Council that the following amendments be made to the City Code to reflect changes in the permitted and conditional uses and perfor- mance standards: Proposed Code Amendments: 1. Permitted and Conditional Uses: Section 11.33, Subd. 2 & 3 - Change commercial recreation from a permitted to conditional use. (I-2) Section 11.29, Subd. 2 & 3 - Change commercial recreation from a permitted to conditional use. (B-1) Section 11.29, Subd. 3 - Remove mobile home parks as a condi- tional use in the B-1 Section 11.33, Subd. 3 Section 11.32, Subd. 3 - Add animal hospitals and veterinary clinics as a conditional use (I-2) - Add animal hospitals and veterinary clinics as a conditional use (I-1) II. Performance Standards applicable to the Business, Industrial and Multi -Family Residential Districts: A. Acceptable Building Materials: All portions of multiple residential, business and industrial buildings which are visible from existing or planned public roads, adjacent residential or institutional properties, or places of public assembly, shall be constructed with durable, low maintenance, quality building materials. The following exterior building materials shall be deemed acceptable, if incorporated into an architectural design which is consistent with the standard established within the District: face brick, stone, glass, wood, architecturally treated concrete, decorative block, painted block, cast -in-place, or pre -cast panels. Unless approved by the Board of Adjustment and Appeals, through the variance procedure, no such buildings shall be constructed with the following exterior building materials: sheet aluminum, asbestos, tin or steel. In approving the use of such exterior materials, the Board of Adjustment and Appeals shall find that: 1. The quality and appearance of the proposed materials is consistent with the standard which has been set within the district, and 2. The approval of the use of these materials will not result in a detrimental effect on adjacent property values. B. Setback to Parking: In all Multiple Residential, Business (except within the B-3 District) and Industrial districts, a minimum 15 foot setback shall be required to any impervious surface which occurs within the front yard area. The area within this setback shall be landscaped. C. Landscaping Requirements: All plant materials used in the required landscaping of Multiple Residential, Business and Industrial districts shall comply with the following minimum sizes: Major Deciduous: 2z" diameter Ornamental: 12" diameter A minimum of one major deciduous tree shall be planted and maintained every 50 feet along public boulevards. Lim 16 Existing uses in the Multiple Residential, Business and Industrial Districts must demonstrate an intent to comply with this standard within three years of date of enactment and must perform complete compliance within five years of date of enactment of the ordinance. Screening: One, or any combination of the following elements may be used to meet the screening requirements: site design, building design , grade separation, berming, landscaping, fences, walls or other landscape features. 1. Roof -top Facilities: All roof top utilities shall be either totally screened from the eye level view from adjacent parcels, existing and planned public streets, painted to match or complement, or otherwise incorporated into an architectural design which i5 7a7t�strfe'tica7.tly compa'ti`ble witn the principal structure. All materials used to shall be aesthetically building materials of 2. Parking Areas: screen roof top utilities compatible with the exterior the principal structure. All. parking which occurs within required front yards shall be screened to at least the height of the head- lights of the parked vehicles. 3. Outdoor Storage and Trash Handling: All outdoor storage, trash storage, which are visible from existing and planned adjacent streets, residential areas, institutional uses, or places of public assembly, shall be screened. Although the use of site planning and architectural design is the preferred approach to the screening of these elements, the amount of screening to be provided shall be at least equivalent to a screen 6 ft. in height and 80% opaque. A screening fence or wall shall be constructed of attractive, permanent finished materials, compatible with those used in the construction of the principal structure. Screen fences and walls which are in disrepair shall be repaired. Planting screens shall consist of healthy, fully hardy plant materials, at least 6 ft. in height and shall be designed to provide a year round opaqueness of at least 80% at the time of maturity. 4. loading and Service Areas: Loading and service areas which occur in the front of industrial buildings shall be at least 50 percent screened, to a height of 4 feet from the eye level view from the adjacent roadway. Staff Recommendation: Staff recommends that the final copy of the Shakopee Race- track Area Planning and Zoning Study be accepted and approved by the City Council and that the proposed amendments to the City Code, listed above, be approved. Action Requested: 1. Motion to accept and approve the Shakopee Racetrack Area Planning and Zoning as prepared by Howard Dahlgren and Associates, Inc. 2. Motion to approve the proposed amendments to the Shakopee City Code regarding permitted and conditional uses and performance standards and direct the appropriate staff to Qrepare the amendment ordinance. /Oc MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: B-2 District Planning Study DATE: August 17, 1984 Background: Mr. John Shardlow, of Howard Dahlgren Associates, Inc. will be making a presentation on the B-2 District Planning Study at the August 21, 1984 Council meeting. Because the study was unexpectantly presented at the August 9th Planning Commission meeting, no formal comments or recommendations from the Planning Commission are available at this time. Staff Recommendation: Staff feels that it would be helpful for the Council to receive the report and oral presentation at this time to get an overview of the issues involved with the area. The Study will be an agenda item for the September 6th Planning Commission meeting and will later be referred to the Council with recom- mendations. .. Action Requested: No formal action by the Council is requested at this time. w MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: City initiated Rezoning of land located in the SW4 of SZ of Section 5, T 115, R 22 DATE: August 17, 1984 Introduction: At the August 9, 1984 public hearing, the Planning Commission approved a motion to recommend to City Council that the parcel located in the SW4 of S2 of Section 5 (as described and illustrated in the attached case report) be rezoned from R-4 Multi -family Residential to I-1 Light Industrial. Background : The recommendation to rezone this parcel originates in the Shakopee Racetrack Area Planning and Zoning Study, as approved and adopted by the Planning Commission. At the public hearing, the City Engineer expressed concern that the change in zoning of the property may affect the acquisition process of land in this area for the new Shenandoah Drive. He felt that the appraisal values may change by upgrading the zoning from R-4 to I-1. .,,As of this date, staff has not been able to get an opinion from the Asst. City Attorney regarding this issue. We hope to have the information available by the August 21, 1984 meeting. However, Council may want to consider these alternatives: 1. Motion to delay a decision on the rezoning request until a legal opinion on the acquisition process is provided. 2. Since the City is the "applicant", and the code allows for the applicant to request an extension of time for the decision, the Council may want to extend the decision by 90 days or until the land acquisition process is com- plete. Staff Recommendation: Staff recommends approval of the rezoning of the 70 acre parcel from R-4 to I-1, however due to the concern that the rezoning de- cision may negatively impact the acquisition of land for the new north - south collector street, staff would recommend that a decision on this rezoning be tabled until the appropriate legal counsel has provided an opinion on this issue. Action Requested: Motion to table the decision on the rezoning of the 70± acre parcel in the SW4 of the 52 of Sect. 5, T 115, R 22 until a legal opinion has been obtained regarding the acquisition of land. T MEMO TO: Shakopee Planning Commission FROM: Judi Simac, City Planner DATE: August 3, 1984 ITEM: Application for Rezoning APPLICANT: City of Shakopee LOCATION: SW4 of S' of Section 5, T 115, R 22 PRESENT ZONING: R-4 Multi -Family Residential PROPOSED �ONING: I-1 Light Industrial AREA: 70- acres LAND USE: Vacant APPLICABLE REGULATIONS: Section 11.03, Subd. 5, Section 11.04 Subd. 7, Section 11.20, Section 11.21, and Section 11.:: FINDINGS REQUIRED: Section 11.04, Subd. 7, I Proposal: Based upon a land use study of the area around the Minnesota Racetrack it is recommended that this property is rezoned in order to establish a more compatible land use adjacent to the Minnesota Racetrack. Considerations: 1. Surrounding Land Uses: North: Developed B-2 (Community Business) South: Partially developed I-1 (Light Industrial) East: Proposed Minnesota Racetrack (I-1 & I-2) West: Vacant R-4 (Multi -family Residential) 2. Urban Services Sanitary Sewer: Available Water: Available Storm Water: On site drainage 3. Floodplain or Shoreland: Not Applicable 4. Preliminary reports of the Metropolitan Council indicate that the future need for multi -family housing has somewhat decreased from the original projections in the Metropolitan Development Frame work. 5. The City has an amount of vacant R-4 land that exceeds the amount required to meet the goals set in the Comprehensive Plan. 6. The removal of the R-4 will eliminate cort-ern about increased traffic and other problems associated with residential land uses adjacent to a state-wide recreation facility. 7. The location of the R-4 is inappropriate in regard to proximity to open space and community services. Staff Recommendation: Staff recommends approval of the rezoning of the 70 acre parcel from R-4 to I-1. Action Requested: Motion to recommend to City Council that the parcel located in the SW4 of S' of Section 5 (as shown on attached map) be rezoned from R-4 to I-1. v" i� II � , ; r % �t W� MEMO TO: John K. Anderson, City Administrator FROM: Judi. Simac, City Planner RE: Application for Rezoning by Cletus J. Link DATE: August 17, 1984 Introduction: At the August 9, 1984 public hearing the Planning Commission approved a recommendation to the City Council that property on the east and west side of County Road 17 (total 15.58 acres) between Fourth Avenue and County Road 16 be rezoned from B-2 Community Business to B-1 Highway Business with the condition that the lots will be a minimum of one acre. (see attached case report). Background: Attached you will find an opinion by Rod Krass, Assistant City Attorney, regarding the Planning Commission's recommendation on the Link rezoning. In summary, there are two types of amendments for the zoning ordinance: 1) map amendment where the lines are changed between various districts and 2) text amendment whereby changing what the ordinance says in defining districts, permitted uses etc. Mr. Link is seeking a map amendment, whereas the Planning Commissin is attempting to change the text of the ordinance by adding the condition. The opinion of Mr. Krass is that this may not be done because regulations applicable to a zoning district must be uniform in application to all the land within that district. The alternative to enforce a one acre minimum lot requirement on this particular property is to adopt a new zoning district with such a requirement and then do a map amendment following the text amendments. Staff Recommendation: Staff recommends that the decision on this rezoning request be tabled until the recommendations of the recently completed B-2 land VS& stu- ), arJiseL'sse—A a lA ^nwa l ar t'i: n bas been taken. The Planning Commission has directed staff to review the current B-2 District and present possible revisions of the district at the September 6th meeting. Further, the Planning Commission has tabled two other rezoning requests in the adjacent -area until tie St'O?'� -Ls at their Segte der 6Sth meeting. The rezoning of this particular parcel, prior to the Resolution of the B-2 District issues, would only serve to invalidate several months of extensive study and negatively effect the credibility of future planning studies undertaken by the City. Action Requested: Motion to table the decision on the rezoning request until a J C John Anderson August 17, 1984 Page -2- recommendation is received from the Planning Commission on the B-2 District Planning Study. JS:cah Attachment Z Law Offices of KRASS, MEYER & WALSTEN Chartered Suite 300 Marschall Road Business Center t. Phillip R. Krass Paralegals Barry K. Meyer Susan M. Brown 327 South Marschall Road P.O. Box 216 Trevor R. Walsten Barbara J. Hedstrom Shakopee, Minnesota 55379 MEMORANDUM (612) 445-5080 TO: JUDI SIMAC, SHAKOPEE CITY PLANNER FROM: ROD KRASS, ASSISTANT CITY ATTORNEY RE: PLANNING COMMISSION ACTION ON A REZONING REQUEST DATE: AUGUST 16, 1984 As you know, Minnesota Law, and the Shakopee City Code at §11.04 Subd. 7, allows two types of amendments to properly enact its zoning ordinances. First, the City may adopt a "map amendment," whereby you change how the lines are drawn between particular zoning districts or how various districts are classified (and thereby change the use to which said property may be put). Second, the City may adopt a text amendment, wherein you change what the zoning ordinance says (in defining districts, stating allowed uses, etc.). In this particular case, it appears that Link is seeking a map amendment, while the City is willing to grant such an amendment only on a conditional basis. In effect, the City is attempting to change the text of the zoning ordinance by requiring that a condition be met prior to the adoption of said amendment. It is my opinion that such may not be done. The City, by such a requirement, is attempting to adopt a text amendment limited to a single parcel of property within the B-1 zone. Minn. §462.357 Subd. 1 specifically states that this is unlawful: "the regulation shall be uniform for each class or kind of buildings, structures, or land in for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts." In other words, regulations applicable to a zoning district must be uniform in application to all the land within that district. By adopting the condition considered herein, you would be contravening that directive. Your only directive, as I see it, if you want to enforce a one acre minimum lot requirement on this particular property, is to adopt a new zoning district, between B-1 and B-2, with such a requirement. After enacting such a text amendment, you could then adopt a map amendment changing Link's land from B-2 to the new classification. I hope this provides a sufficient answer to your inquiries on this subject. Please direct if you want my office to prepare the necessary ordinances amending the zoning ordinance as suggested herein, to effectuate your aims. 17 M cn m `7 /f MEMO TO: John K. Anderson, FROM: Judi Simac, City RE: Preliminary Plat DATE: August 17, 1984 Introduction: City Administrator Planner Application - South Parkview Addn. )Of At the August 9, 1984 meeting, the Shakopee Planning Commission approved a motion to recommend to the City Council that the revised South Parkview Addition preliminary plat be approved with the recommended condition amendments and additions. (See attached case report). Background : The Planning Commission had previously reviewed the plat at the July 12, 1984 meeting and continued the public hearing in order that the recommended revisions could be made to the plat. One of the more notable conditions is the agreement by the developer to keep the duplex/single family ratio at 1 to 10. The City Attorney had previously determined that this type of agreement was legal. The location of 13th Avenue has created an issue which the Planning Commission has referred to Council for settlement. The southern portion of 13th Avenue will border the land dedication that the developer is making in lieu of cash payment to the park fund. This land (outlot A, 3.31 ac.) will serve as a retention basin and also has gas substation located in the southeast corner; for this reason, the developer has requested that the City pay for � the cost of the construction of 13th Avenue. Staff Recommendation: Staff recommends approval of the revised preliminary plat subject to conditions #1 - 13, excepting that condition no. 12 will be revised to reflect the Council's decision on the funding for the construction of the south half of 13th Avenue. Action Requested: Motion to approve the Preliminary Plat of South Parkview Addition subject to the recommended conditions. Attachment AOL Ib 6. Approval by the Planning Commission of a variance for Quincy Circle to exceed the maximum cul-de-sac length of 500 feet by 82 feet. 7. Ten foot drainage and utility easements must be provided along all lot lines. 8. The developer must provide all street signs. 9. Two subdivision bench marks located in the final plan. 10. The developer shall submit to the County Engineer construction plans for access to CR 15. 11. Construction plans approved and filed with the City Engineer prior to recording the plat. Action Requested: Motion to recommend to City Council that the revised preliminary plat of South Parkview Addition be approved subject to conditions. Planning Commission Action: August 9, 1984: Approved motion to City Council that revised South Parkview Preliminary Plat be approved w/recommended condition amendments and additions: #3a. A sidewalk to be constructed along the north side of •.. 13th Avenue in accordance with the Design Criteria and '�r�tend�►elrk� Standard Specifications adopted by the City of Shakopee. `#6. Approval by the Planning Commission of a variance for Quincy Circle to exceed the maximum cul-de-sac length of 500 feet by 82 feet for the reason that a design change of 13th Avenue was required by the City and County Engineers which necessitated a change in the design of Quincy Circle. 1 #12. Funding for the construction of the south half of 13th Ki-LOAvenue be referred to Council for settlement. #13. There shall be a one to ten ratio for duplex development as agreed to by the developer. X09 MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Planning Commission Review of Capital Improvement Program DATE: August 17, 1984 Background: At the August 9, 1984 meeting, the Planning Commission discussed the 1985-89 Capital Improvement Program and recom- mended approval with the following comments: Change: designation of #46 to Shenandoah Drive Add: CR 15 from 6th Ave. to Tahpah Park CR 16 from CR 17 to CR 83 Sewer extension from CR 17 to CR 79 Action Requested: Motion to accept the Planning Commission's recommendation on the Capital Improvement Program. Presented to City Council on August 21, 1984 FREQUENTLY ASKED QUESTIONS AT THE DOWNTOWN COMMITTEE AND CITY COUNCIL BEARINGS ON DOWNTOWN ULAN Q-1. Why does the City need an overall concept plan for downtown revitalization? Can't we just assist redevelopment when a developer or improvements can be financed? A. Shakopee's downtown has been declining economically and physically for years. This decline which can be seen and is talked about by all Shakopee citizens, is reinforced by the high turnover of marginal businesses in the downtown area, the vacant store fronts in the downtown and the physical deterioration of downtown buildings. New businessmen will not risk a major investment in this type of economic climate, just like a homeowner selecting a home will stay away from a declining, dilapidated neighborhood and select the well maintained or newer neighborhood as the place they would like to live. The racetrack has generated new interest in Shakopee and the Chamber, City, and City's businessmen need something concrete to snow potential new developers and/or retail store operators that the downtown is ready to turn itself around and provide a -,.new shopping environment that will be desirable for slow moving retail traffic, pedestrians, store owners and the Renaissance Festival, Valleyfair and racetrack tourists who may stop in to spend some money or kill an hour in a desirable downtown location. The City must deal simul- taneously with a multitude of concerns including economic development, street and sidewalk improvements, park develop- ment, highway improvements, planning design criteria, housing development and many others. These are all inter- related and an overall concept plan is needed to determine how they can be positively implemented to complement each other. We clearly do not have this to offer today. Q-2. Does City Council's approval of the "City of Shakopee Downtown Revitalization Final Report" dated June 12, 1984 mean that all of the ideas, plans, maps, recommended ordi- nances, budgets, etc. listed in the plan will. be irrevocably r z-L-ke U A. No. If the City Council approves the concept -plan' 'it 'wfil be similar to the City Council's approval of the Comprehensive rp ,nj xi -Ln- `Jlre - �hfvx-e is i C'.Ln, I r�%, i . Thfk, TlS , Mt'�rc m, Plan, like the Comprehensive Plan, provides an overall view of what the City would like t -he downtown to ioo-k like in ten years and serves to keep everyone pointed in right direction. Q-3. If a specific part of the Downtown Revitalization Plan (Plan) like the elimination of a street or parking lot, 10 affects my business negatively will I be able to discuss this with the Committee and Council before the plan is implemented? A. Yes. The approval of the overall Plan simply means that the Downtown Committee and City staff can start on its individual elements. Each element will require more discussion and many elements will require formal public hearings before Council can take any action to close a street, modify or eliminate a parking lot, or assess for street improvements. Q-4. What is the general time table for accomplishing the major elements of the Plan? A. Independent elements of the Plan were begun in1984(e.g. Huber Park restrooms). Thus, you could say that parts of the Plan were begun in 1984 and that the goal is to complete the Plan by 1990 although no specific completion date is listed in the final report of the Plan. A tentative time table has been prepared which indicates that a key element of the Plan, the Mini By -Pass should be completed between 1986-88 with design work beginning in 1984-85. Q-5. What is the overall budget? A. The preliminary budget estimates are listed on page 83-85 of the report. Preliminary revenue estimates are $11,232,175 and the preliminary expenditure estimates are $10,861,000. Q-6. Can the time table and the preliminary budget be changed after Council accepts the Plan? A. Yes! Q-7. How was an expenditure of $10,000,000 established? A. The City has good engineering estimates for the construction of the Mini By -Pass of $3.4 million, preliminary estimates of $4 million for the street improvement and street scape improvements including everything from trees and benches to sidewalks and total street reconstruction, preliminary underground utility and river front improvement costs of $800,000, new housing development costs of $600,000, and commercial rehab loan monies of $2 million. It is the intent of the Committee and City Council to refine these numbers throughout the process as various elements of the Plan move toward completion. Parts of any major element of the Plan can be modified to reduce cost or increase cost if unforeseen opportunities arise. Q-8. Will the City make all these expenditures at once? A. No. The City will make no expenditures based solely upon the acceptance of the concept plan. Before any expenditure is made revenues will be clearly identified to support the specific project elements to be constructed. Each project will be considered and ordered separately and these_ el-ements involving assessments will have public hearings as outlined in State Statutes. Q-9. How can you justify spending $434,000 on administration, legal, engineering, and planning services? A. The $434,000 is 4p of the estimated preliminary expenditures of $10,861,000, which is well within the guidelines for such projects. A number of these projects require extensive coordination with metro, state and national (e.g. Coast Guard and Corps of Engineers) regulatory agencies which will require lots of work normally classified as "soft costs". In addition, there may be environmental impact statements and there certainly will be detailed engineering drawings for much of the Mini By-Pass and roadway and street scape improvements. As the projects move forward, if monies do not need to be expended on these "soft costs" they will not be spent. Q-10. How will the Plan raise approximately $11 million in revenue? •%. A. It is anticipated that there will be $4.2 million in tax increment money from new or rehabilitated commercial, office or residential space in the downtown projected in the market study. There will be $2.9 million from t.,b"_ f : Win', %a3,Zr E,1 reads; ey.i t..it%E and/or under development in the industrial park. There will be roughly $950,000 from development type grants, $1.5 million from state and federal transportation funds, $115,000 from park grants (already obtained), $500,000 from interest income and $1 million from special assessments. Q-11. What, when, where and how will the special assessments be applied. A. The $1 million special assessment is 25% of the cost of the $4 million budgeted for street reconstruction and streetscaping work. The 25p assessment is consistent with the present City street rehabilitation assessment policies. The special assessments would be applied when certain City blocks are ready for streetscaping because adjacent property owners want to move ahead with the street- scaping, because major street repairs are required, because a major new building project will be going in, or because Council initiates the action. The assessment will be in a 9-1/2 block area designated in the Plan as the retail core of the proposed revitalized downtown. The assessments would most likely be phased as various blocks begin to make street and/or streetscape improvements. Certain 't,Ae blocks could be improved as soon as property owners within that block (we have an indication that some property owners would like to move ahead early) contact the City because they are ready to go. The projects will have to be coordinated with available tax increment monies for the City's 75� share. All assessments would go through the normal public hearing process required by state law. The City will make sure that everything is in place to finance the Mini By -Pass and that we have obtained state approvals before we start any extensive work on street imprevements and streetscaping. Individual property owners or developers can initiate streetscaping earlier. Q-12. Can the City insure that the assessment and resultant improvement will mean increased business and not kill marginal businesses? A. No. The Plan is based upon the best elements of successful public/private partnership in other Minnesota communities that have had successful downtown revitilization projects. These communities include, but are not limited to, White Bear Lake, Owat6riaa, Northfield, �iopkl;ris, Edina, riiiv^ka, A'ontevileo, 6emia'3•i, etc. fn aa'a'ition, tire- r;'2arr, a"ur- the first time equips the Downtown Committee, City staff, the Cnamiber �)f zvmnwerze and bbe lnaustr-la1 Leve�cpr�e�t Vorpnratien • ti4itn a tooi' hat' trneY car, use V3 g�,, flub ar,u seek new businesses and new development. Two major housing projects are underway in the downtown area and being developed hy,r tbP-_ Hr)V cd iRo A.1I janc-e-. W.'ll•bnlJX._ t.be- t -YJ t.ance_ nf- t.be- draft Plan, the City would not now have the potential for securing these two projects, one valued at approximately $6 million and the other at $880,000. 144,11 tioi vi,txjr rzZ11 2, `4vtA theYirh1L�C iRi,Yar�vt�P— ments within the Plan by all affected businesses? A. No. The City Council will use the procedures prescribed by state law for assessing improvement projects. Those procedures require preparation of feasibility reports with hard engineering estimates and public hearings on s .Y he n r-n-c-psiiar�e ­u-s�ed by C-on ci.l for all public improvements that are assessed to benefiting property owners. Q-14. Will homes, parking lots and publicly owned buildings in the 9-1/2 blocks scheduled for street repairs and street scaping be assessed? A. Yes. Homes would be assessed to the extent they benefit from the improvement like sidewalks and streets. Current City assessment practice will be followed, which means that parking lots and other publicly owned land would be assessed to the City or other public owner the same as privately owned property. The Committee has not addressed the issue of deferred assessments. Q-15. Is the Mini By -Pass going to be useless when the Shakopee By -Pass is built on the southern edge of the City? A. N. Traffic studies by two separate engineering firms, Westwood Planning and Engineering for the downtown project and Barton Aschmann for the racetrack, both conclude that there will be significant amounts of traffic on Highway 169 and Highway 101 after the Shakopee By -Pass is constructed. Moreover, both reports indicate that the intersection of Highway 101 and 169 at Holmes Street needs major re- engineering to handle the traffic loads expected even after the By -Pass is constructed. The intersection inprove- in the traffic handling capacity of the intersection. Finally, the Mini By -Pass is broken into three small sections to facilitate early financing by the Minnesota Department of Transportation (MnDOT). The Shakopee By -Pass will see no expenditure of construction monies until 1989 and then it will only be for one interchange on the whole project which will. take about $1.9 million of the total $15 million project. The County Road 18 bridge crossing hasn't been programmed for any funding at this time and ,,has a cost of approximately $33 million. Q-16. Don't we need to remove the railroad tracks to really solve our downtown problems? A. No. Although it would clearly be beneficial to remove the railroad, the Committee concluded that the railroad would have to stay. The railroad will simply not participate in the cost of improvements and there is no legal way for the City to force them either to move or improve their facilities. However the City should continue to explore ways to relocate or improve railroad facilities. Q-17. The railroad has upgraded its tracks and we have heard that they will run more frequent trains and run them, faster? A. The Environmental Impact Statement (EIS) completed in March for the racetrack indicated on page 44 that there would be 3 to 5 trains per day with train speeds after track rehabilitation of 20 to 30 mph. Q-18. Why not just tear down all the retail stores north of Highway 101? A. Interestingly enough, this is the action the Committee felt was the most logical when they started their study. Now after three years of examining what it will take to create an economically viable downtown, the Committee has unanimously backed the Mini By -Pass alternative labeled it Q-21. Will the downtown businessmen and taxpayers of the City be stuck with the bill if we don't get the tax increment financing (TIF) outlined in the Plan or because a planned development project goes belly -up? A. No. The City will not start spending for planned improvements until it knows where it will get the money to finance the improvements and can clearly identify a reliable revenue stream. The City has already done three tax increment financing projects and all are in good shape. In fact, the K -mart project which is the largest, is set up so that it will not come back to the taxpayers even if the business goes "belly -up". It is through the advance re- financing of the K -mart project and through tax increments from the racetrack and related development that the City intends to obtain up to $2.9 million for the Mini -By -Pass to match with state funds to insure that this crucial element of the project is constructed. Q-22. Does the Downtown Committee or City staff have any developers "signed up"? A. Almost. The Housing Alliance is currently negotiating for the purchase of land for a $b million 60 to 100 unit housing project in the downtown area and a $800,000 25 ,,unit project also in the downtown area. The latter project will be a national pilot project for alternative health care for senior citizens. Both projects will be involved in tax increment districts from which we hope to generate a good share of the $4.2 million in downtown tax increments needed for the project. The Housing Alliance has just completed a market analysis for the two projects which confirm the City's earlier marketing analysis that there is the need for the two projects. The City is also working on three or four more contacts that may develop into hard prospects for downtown development. Q-23. The handout on proposed assessments for downtown improvements indicated an anticipated assessment of approximately $1.13 a square foot, but ends with a suggested range of $1 to $2. Why were these two different figures provided? A. The Downtown Committee chose not to undertake a detailed analysis of assessments or possible assessment policy now while the redevelopment plan is in a concept phase. However for the purpose of discussion the Committee wanted to provide some estimate of what assessments might be. The consultant has provided broad estimates of the cost of streetscapes which involve complete rebuilding of streets downtown and selection of higher cost, lower maintenance streetscape fixtures. The $1.13 per square foot estimate will in fact probably go down if the project moves forward in a timely fashion. However if the project is delayed for a number of years, inflation will push costs up, which MEMO TO: John K. Anderson, City Admin. FROM: Judith S. Cox, City Clerk RE: Penalties Related to Completion of Initial Cable System. DATE: July 31, 1984 INTRODUCTION: On November 9th Zylstra-United began accruing penalties for non -completion of the system. On January 3, 1984, the Council concurred with the Cable Commission and gave the company a three week extension for the completion of restoration in public right- of-way at a date to be determined by the Engineering Department. All work under which the company was being penalized, is now com- plete including service to West 3rd Avenue residents. BACKGROUND: On February 7, 1984, the Council tabled action on a Cable Commission recommendation on determining penalties for non - completion of the system until after the restoration in public right-of-way was complete. The restoration in public right-of- way is now complete and Council may wish to take action on deter- mining penalties. On July 30th, the Cable Commission recommended that no addi- tional penalties be imposed for the delay in completing the restora- tion work, in consideration of the June 19th memo from Ray Ruuska hp- ncf , 115;uu.uZ,-.Q ^.f tIQ -glo-L effort by Zylstra-United to repair restoration. Determining the penalty for non -completion of the system as sited in the orip-inal staff letter dated Novemberl0.1983 to Zvlstra- United, renes not preclude the City from imposing penolties in the future for violations of the franchise ordinance should they become To my knowledge, all incomplete items which have been brought to the City's attention have now been completed, restored or corrected. If any Councilmember is aware of anything which is in- complete, please advise me prior to the August 7th meeting, in order that I may check it out so action can be taken on this item. ACTION RECOMMENDED: Move to impose the penalty of $5,100.00 payable within 10 days by Zylstra-United Cable Television Company on the basis of Z -U's failure to comply with the terms of its franchise with the City pur- suant to investigation of the said delinquencies, recommendations of the Cable Commission and subsequent notffication to-Z-U'by the City on November 10, 1983 all pursuant to the terms of the franchise granted to Zylstra-United Cable Television Company. JSC/bn Att. ILI CITY OF SHAKOPEE INCORPORATED 1870129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 November1983 r' Mr. Jim Abbott, Manager Zylstra-United PO Box 146 Chaska, MN 55318 Dear Mr. Abbott: This letter is to advise you that effective this date the City of Shakopee is invoking the penalty for non -completion of the cable system pursuant to the franchise agreement. Although I am pleased that substantial progress has been made towards the completion of the system, Council has directed that the penalty shall be invoked if any portion of the system is incomplete or any services or equipment are not available by the November 8th deadline. The City staff is not in a position to monitor all facets of your system, however it has been noted that, at a minimum, the system is incomplete as follows: a) the cable conduit is not pulled through along CR -16 to the east about 6,000 feet, b) the interconnect is not completed, c) underground crossings remain to be done in the area of CR -16 and CR -89, d) restoration work has not been completed, e) services have not been provided as follows: lock boxes unavailable to subscribers and character generators and monitors not provided to the four community centers. When the system is satisfactorily complete, you should inform the City so that the penalties are stopped and at that time you are certainly welcome to discuss any adjustment in penalties you feel might be in order. We realize that all restoration may not be able to be com- pleted this fall. Please meet with staff to determine if any work is more suitably delayed until spring. 7'h fle z r I o Progress VaIle q An Equal Opportunity Employer - Mr. Jim Abbott November 10, 1983 Page Two Effective November 9, 1983, the penalty of $200 per day is being invoked; $1.00 for non -completion of construction and $100 per day for failure to provide equipment to the public. Sincerely, LLQ ------- John K. -Anderson City Administrator JKA/jms cc: Cable Commissioners Mayor Reinke Councilmembers r i G 'v MEMO TO: Shakopee Cable Communications Committee FROM: Judith S. Cox, City Clerk RE: Penalties Related to Completion of Initial Cable System DATE: July 26, 1984 Introduction The completion of the restoration in public right-of-way was not completed by the Cable Company within the three week extension for said restoration approved by City Council on January 3, 1984. The commission should make a recommendation to Council on amount of penalty. Background On November 9th, the Cable Company became under penalty for non -completion of the system by the deadline, as extended. The penalty was for non -completion of a number of things which have since been completed and a recommendation to Council on those penalties has already been made by this Commission. (See attached memo of 1/16/84 for background.) On May 15th, Ray Ruuska, Engineering Coordinator., advised the Cable Company that all restoration shall be completed prior to June 8, 1984. On June 15th, Mr. Ruuska met with Mr. Gauer from the Cable Company and advised him of minor problems be noted on his inspection of the restoration during the early part of the week. Mr. Gauer assured him that these items would be cleaned up by June 22. (Mr. Ruuska recommended not resuming penalties at this time, due to apparent good effort by the Cable Company.) Exhibit "B". On June 22nd, Mr. Ruuska made an inspection of the areas with minor problems and found 530 McDevitt was not done and and that Boiling Springs Road was very poorly done. On June 22nd, I wrote to the Cable Company advising them that beginning June 8th and continuing until all restoration work is complete, Zylstra-United is continuing to be under penalty pursuant to the franchise ordinance, section 9.03 a. Exhibit "C" letter received by Company on 6/25/84. On June 28th, Mr. Abbott called me and advised me that all restoration work was complete. Mr. Ruuska made another inspection and confirmed that the corrective work was acceptable. The franchise ordinance provides that the City may charge to and collect from the Security Fund liquidated damages for failure to complete the system con- struction in accordance with Grantee's initial service area plan at $100.00 per day or part thereof (Sec. 9.03). Penalties Related to Completion of Initial Cable System Page 2 y July -26, 1984 ' Alternatives 1. Charge penalty from June 8th to June 28th - 21 days. 2. Charge penalty from June 25th (date Company received letter from City that penalty invoked) to June 28th - 4 days 3. No penalty. Considerations 1. In his memo (exhibit B) of June 19th, Mr. Ruuska recommended not resuming penalties because the company was making a good effort. 2. Restoration was not complete on June 22nd, two weeks after the June 8th extension deadline, when Mr. Gauer assured Mr. Ruuska that the work would be completed. 3. The Company did not receive official notice of continuation of penalty until June 25th. 4. The City has incurred expenses attributed to the delay in completion of restoration work, i.e. staff time for inspections, meetings, telephone conversations, letters, and memos. Recommendation Alternative No. 2. Action Recommended Recommend to Council that Zylstra-United be notified in writing to pay the City $400.00 in liquidated damages for four days delay in completing restoration in public right-of-way which was part of construction of the initial cable system which amount will be paid within 10 days after receiving written notice; and that the $400.00 penalty fee be deposited in the City's General Fund to be used for the punpose of defraying cable costs. JSC/jms July 30, 1984 Cable Commission Recommendation: Davis/Abeln moved alternative number 3, that no penalty be imposed on Zylstra-United for the delay in completing restoration work in public right-of-way. Motion carried unanimously. w MEMO TO: Cable Communications Commission FROM: Judith S. Cox - City Clerk C�Q_ RE: ''Completion of Initial Cable System DATE: January 16, 1984 INTRODUCTION: On January 3, 1984, the City received notice from Mr. Abbott of Zylstra United that the cable construction and interconnect between Chaska and Shakopee were complete on December 29, 1983. BACKGROUND: The Company has been accruing penalties for non -completion of the system since November 9th for the following: a) 6,000 feet of conduit. b) Interconnect. c) Undercrossings at CR 16 and CR 1.8. d) Restoration. e) Construction of area at 4th and Minnesota. The City earlier asked the company to delay the restoration in public right-of-way until Spring. With this exception, it appears that the construction of the initial service area is complete and that penalties should cease. Although Mr. Abbott did contest the completion of the inter- connect as part of the initial service area, he is not contesting the penalty as he acknowledges that the cable on CR 16 had not been completely pulled through the conduit and thus, the two remaining outlying areas could not be turned on until December 29, 1983. The borings at CR 16 and CR 89 have been made and the area at 4th and Minnesota is served, pursuant to Mr. Abbott's letter. of November 23, 1983. The Franchise Ordinance provides that the city may charge to and collect from the Security Fund liquidated damages for. failure to complete the system construction in accordance with Grantee's initial service area plan at $100.00 per day or part thereof (Sec. 9.03). ALTERNATIVES: 1) Charge the Company .$100.00 per day from November 9 through December 29 = $5,100.00. 2) Don't charge the Company. j. cnaska le television a Zv1stra-United S I I ystem January 3), 1984 Members of City Council Members of Cable Commission Mr. John K. Anderson, City Administrator Ms. Judtih S. Cox, City Clerk City of Shakopee 129 E. 1st Avenue Shakopee, MN 55379 Dear Council & Commission Members, Mr. Anderson & Ms. Cox: This is to inform you that on December 29, 1983, at 5:00 p.m., construction was com— pleted on the subscriber network and the interconnect between Chaska and Shakopee Very truly yours, J.W. Abbott for Zylstra United Cable RECh-I # i"�,,f) A -N 3 : . t� " Crry OF SHAKOPEE P.O. Box 146 1" st 3rd. St., Chaska, Minnesota 55318 -, (612) 448-3831 t Members of City Council Members of Cable Commission Mr. John K. Anderson, City Administrator Ms. Judtih S. Cox, City Clerk City of Shakopee 129 E. 1st Avenue Shakopee, MN 55379 Dear Council & Commission Members, Mr. Anderson & Ms. Cox: This is to inform you that on December 29, 1983, at 5:00 p.m., construction was com— pleted on the subscriber network and the interconnect between Chaska and Shakopee Very truly yours, J.W. Abbott for Zylstra United Cable RECh-I # i"�,,f) A -N 3 : . t� " Crry OF SHAKOPEE P.O. Box 146 1" st 3rd. St., Chaska, Minnesota 55318 -, (612) 448-3831 TO: FROM: CITY OF SHAKOPEE 129 East First Ave., Shakopee. MN Zip 55379 P�!y (612) 445 650 Name: SUBJECT: Ll Com% t�ce c� �-, DATE - 6 /' 0 5�p 1424 60,oc/ 4-)u, Z r, DATE BY — M RMC(;847-3 r Zylstra—United Cable Television Co. Chaska Shakopee Northfield 123 West Third Street P.O. Box 146 Chaska, MN 55318 (612) 448-3831 June 8, 1984 Mr. Ray Ruuska, Engineering Coordinator City of Shakopee 129 E. First Ave. Shakopee, MN 55379 Re: Restoration of Right -of -Way Dear Mr. Ruuska: This is to formally notify you that to the best of our knowledge, restoration of the public right-of-way in Shakopee is complete as of this date. I realize that you are very busy at this time and have not had an opportunity to make an inspection as was discussed ealier. Perhaps you might call either myself or Tony Gauer when you make the inspection so that we could be apprised if you do find a problem. Thank you very much for your consideration in this matter. We appreciate your cooperation, Aarticularily during this especially busy Very truly yours, 9- V a-4-'ro- J. M. Abbott for Zylstra-United Cable TV c: Judith Cox, City Clerk MA/rr i Issuer Allocation Albert Lea $2,790,788 Alexandria $91814.38 Apple Valley $3,104,37Q Austin $1,724,644 Banter $6601591 Becker $22,911, Beltrami County $1,672,38,2 Blaine $2,618,30 Bloanin gtcn $11 ,751,' 2O Brainerd $1,674,473 Brooklyn Center $7,159,884 Brooklyn Park $5,041,187 Burnsville $11,562,919 Cambridge $2,571,288 Carrcn Falls $1,037,922 Owtossen $679,405 Chaska $1,071,370 Cloquet $1,919,059 Colurbia Heights $3 347 900 Cow GoRapids $4,295,932 Cottage Grove $1,996,406 Dawson $1,185,301 Duluth $10,894,525 Eagan $9,901,339 East Grand Forks $1,149,763 East full Lake $731,667 Eden Prairie $9,239,314 Eveleth $888,453 Fairmont $2,926,669 Fariboult $1,850,073 Farmington $636,550 Fergus Falls $2,571,288 Fridley $8,131,185 Golden Valley $2,753,159 Grand Rapids $1,013,862 Hastings $930,263 Hibbing $152,572 Hopkins $1,941,009 Hutchinson $2,484,533 Lakeville $3,392,845 Le Sueur $2,408,648 Little Canada $1,183,21.0 Long Prairie $7,73,477 Luveme $731,667 Mankato $3,893,515 Maple [rove $1,747,639 Maplewood $5,261,941 Mendota Heights $3,108,540 Mi nr-)eapolis $48,917,622 MirnetOhka $13,098,933 Montevideo $772,432 Moorhead $946,359 it 0 - Allocation New Brighton V,037,589 New Hope $1,924,285 New Prague $1,426,751 New Ulm $825,739 Northfield $8%,9G5 .Mtorna $982,5Z5 Park Rapids $1,233,382 Pipestcne $804,834 plymub) $Z1%5 51 Princeton $715,989 Proctor $4,160,051 Red Wing $2,T32,254 Richfield $3,606, (i74 Rochester VA6,826 Rogers $871,729 Rosanoxnt $4,747,475 Roseyille $627,143 Saint Cloud $4,567,694 Sault Louis Park $2,799,150 Saint Paul $87?919,849 Sartell $4,5)5,432 Sark Rapids $845,598 �qvaqe $1,255,332 5b" _ $2,569,1W $horeview $1,440,199 Silver Bay $26,.130,971 South Saint Paul '$1,659,839 Sarin field t$664,77,2 Stillwater $1,684,716 Vadnais He}ghta $2,1322,537 Waite Park $4369,2.63 West Sault Paul $821.,558 WhitQ Sear Lake $2,783,471 Willmar $2,054,765 W]I771� $3,713,734 WoUdy $971,027 Minnesota Department of Energy and Economic Development -financial anagoment Division . JNJENJ (For use by an Entitlement Issuer who wishes to retain all or A portion of its allocati©n for the'period September 1, to October 31) Pursuant to Minn, Laws 198#, c4. 58g 515, subd. 3, to be codified as sect. 474.180 Entitlement Issuers who wish to retain all, or a portion, of, its entitlement ailooation for the period September 1, to October 31, Faust submit to the Department on or 40tpre September 1, a letter of intent stating its intentign ,to-iaeue QbllEat1gpp pursuant to its allocations or a portion of it, before the end Or citleadar year or written the b e period permitted by a federal limitatloo act. THIS FORM MAX BE USED F09 THAT PURPOSE NAME OF ISSUER: AMOUNT OF ALLOCATION TO BE RETAINED: 1% APPLICATION FEE OF ISSUER ENCLOSED; Entitlement allocations not retained by a letter of intent submitlao to the Department by September 1, will be transferred to the Competitive Pool for reallocation. Allocations retained may be cancelled by the issuer, until October 31, by submitting a letter to the Department, by that data, stating ills cancellation of the allocation or portion of it, The 1% application fee relating to the portion cancelled will be refunded within 30 days, Direct this letter and future correspondence to; Minnesota Department of Energy and Economic Development Business Financial Management DIViaipn Room 900 150 E. Kellogg Blvd. St. Paul, MN 55101 ATTN: Richard Nadeau Date: Authoriged Ugnaturo b MEMO TO: Mayor and Council FROM: John K. Anderson, City Admin. RE: Local Government Aid Policy. DATE: August 16, 1984 INTRODUCTION As all Councilmembers know, the League of Cities has been working on a Local Government Aid Policy. The Policy was re- viewed at the League Conference in Duluth in June and has now been officially passed by the Board of Directors (please see the attached Policy). IMPLEMENTATION This broad Policy Statement is now to be implemented by the League Revenue Resources Committee. The Revenue Resources Committee will have the interesting task of hammering out a for- mula that will implement this Policy Statement. The Policy State- ment is identical to the one the City supported and the Municipal Caucus supported at the League Conference with one exception. That &xception is the introduction to the statement and rationale, namely, the first three sentences under the heading statement and rationale. These three sentences were inserted because certain Cities felt that it was important that we send the Legislature a strong message about the importance of Local Government Aid to Cities and its role as a property tax relief program since this is how the Legislature views the program. These introductory sentences should not cause a problem unless Cities try to use the phraseology "essential property tax relief program" to modify the intent of the Policy Statement as outlined in the remaining paragraphs under statement and rationale. I sit on and chair the League Revenue Resources Committee and would appreciate having a firm position from the City Council on this Policy Statement. ALTERNATIVES 11 Approve the Policy Statement. 21 Take no action or disapprove the Policy Statement. 3] Modify the Policy Statement. Local Government Aid Policy Page 2 August 16, 1984 RECOMMENDATION I believe that the first three sentences in this Policy are in fact an introduction for the purposes of describing the program in terms will be positively received by the Legis- lature. Therefore, I think the City should go on record in support of the Policy Statement. The Policy Statement includes three key items the Municipal Caucus has fought long and hard for: (1) A clear statement that population or households be reflected in the formula, (2) A clear statement that LGA property tax relief is only for essential services, and (3) That no attempt should be made to base the formula on past LGA or tax levy factors! ACTION REQUESTED Pass a motion accepting the Local Government Aid Policy Statement and rationale as passed by the League of Minnesota Cities Board of Directors August 7, 1984. JKA/bn Local Government Aid Policy Page 2 However, neither population nor the number of households completely reflects need. Cities with similar populations and numbers of households may be faced with quite different service needs. (Factors such as age, construction and density of buildings, crime rates, elderly population, school age population, climate, geographic size, population density, poverty levels, crime rates, seasonal or daily influx of people, need to construct or replace capital facilities, and a myriad of other factors may cause similar sized cities' needs to differ.) Clearly, a formula cannot attempt to incorporate measures of all of these factors; the result would necessarily be complicated and to some extent arbitrary. Rather, the formula should rely on the judgment made by the persons in the best position to evaluate a city's need: that city's council. The local city council's judgment as to the expenditures required in order to provide the type and level of service needed by its citizens should be reflected in the formula. The formula should reflect all expenditures for basic municipal services. "Basic municipal services" include public safety, streets, sanitation, libraries, redevelopment, and general government and related purposes. This definition is intended as a limit, to assure that a city will not receive additional local government aid as a result of its discretionary spendinZ on non-essential services. So far as possible, the formula should not be affected by the city's choice among tax levies, special assessments, or user fees to finance basic municipal services. To attempt to measure need by the tax levy, or by past LGA, or by a combination of those factors is not acceptable. The past LGA distribution is the result of several formula changes accompanied by grandfather provisions, minimum increase guarantees, etc. The resulting distribution pattern is at least somewhat arbitrary. And to focus on past aids and levies or levy limits ignores the other revenues which cities' citizens contribute so that the city can meet their service needs. A formula developed in accordance with this policy would likely result in a substantially different distribution of funds. The transition must be handled in an orderly fashion, avoiding drastic year-to-year increases or decreases in aid. Increases and decreases should be phased in, to avoid the need for sudden "shock" property tax increases on one hand, and the temptation to view increased aid as a windfall on the other. MEMO TO: John K. Anderson, City Admin. FROM: Shakopee Fire Dept. (New Truck Committee) DATE: August 19, 1984 RE: Recommendation For Fire Service Pumping Engine Bid Acceptance. Refer to previous memo dated 7/16/84. COPY: Shakopee City Council Members. BACKGROUND: On August 17, 1984, the bids received for the proposed 1500 gpm Fire Service Pumping Engine and its supporting equip- ment were opened at the Shakopee City Hall. For the pumping engine, three manufacturers have submitted bids. The manufacturers and their prices are as follows: 1] Collins Industries/American Fire Apparatus Hutchinson, Kansas 21 Custom Fire Apparatus Osceola, Wisconsin $162,953.00 (Hendrickson Cab) $167,850.00 (Hendrickson Cab) 31 Clarey Safety/Pierce Manufacturing Rochester, MN. $178,739.50 (Dash Cab) $188,794.50 (Hendrickson Cab) Miscellaneous equipment bids were requested separately to aid us in selecting the best possible price per item rather than purchasing the entire package from one supplier. For the mis- cellaneous equipment to accompany the truck, six equipment dealers have submitted bids. The dealers are: 11 Conway Fire & Safety. 2] Collins Industry/American Fire Apparatus. 3] Metropolitan Fire Equipment. 41 Clarey Safety Equipment. 5] Fisco. 6] Motorola Communications. If C__ Recommendation For Fire Service Pumping Engine Bid Acceptance. Refer to previous memo dated 7/16/84. Page 2 August 19, 1984 From the above listed suppliers, the lowest priced per item bids were selected to obtain the lowest cost in total. CONSIDERATIONS: The bid received from Collins Industries for the pumping engine has been removed from further consideration due to their exception to a waterous pump and to our water tank specifications. These are two areas of great concern to this committee as described in our previous memo to the Council dated July 16, 1984. We re- quire a waterous pump to maintain the standardization of parts and operating procedures which we presently employ. Tank design and methods of manufacture are extremely critical in keeping maintenance costs minimized as tank repairs are quite costly and time consuming. The bid received from Clarey Safety/Pierce Manufacturing for the pumping engine met our specifications closely with very few exceptions (with the Hendrickson cab). However, the cost is approximately $21,000.00 higher than a similar bid from the lowest acceptable bidder. The Pierce Manufacturing Dash Cab was not considered as it does not maintain continuity with the present apparatus used by the Shakopee Fire Department. The bid received from Custom Fire Apparatus has met our specifications quite closely with no significant exceptions. All equipment and components proposed in this bid are consistent with the existing equipment_used__bv the Shakooee_Fire Deoa-rtmentd . the metro area �1hi.s manufacturer is also located relatively near bility. Regard- which is an advantage for service and parts availa e'nt to a C'.cinjprdLay ing r o }Ii js YPcPiSTA,d I&z- th& �i�8���iai'?�vZ.i� equipLl? total bids per the truck, the difference between the high and low per item bid, item for cost is $13,846.40. Selecting the lowest st per item bids, the total cost is $53,041.56. Selecting the highe the total cost would be $66,887.96. RECOMMENDATIONS: pumping engine, For the purchase of the 1500 gpm fire service stom Fire Apparatus. this committee recommends the bid be awarded to Cu that the chassis If it is financially favorable, we also recommend Lo Custom Fire be paid for (approximately $69,000) upon delivery 1 eng1n2 `TYY"' �`'�J .iiii� 'Svvul�i 'cuuL:e`�Lit 1Ttlmprlil'_ by $3,500.00. ellaneous This committee recommends that the purchase of the mise e bids equipment begin as soon as possible after the awarding of th to insure no price increases before qurchase_ or delivP_x:k�._ Shakopee Fire Dept. ( New Truck Committee) - bn MEMO TO: John K. Anderson, City Administrator FROM: Shakopee Fire Truck Committee R .•. , 1 _590. (,9M%L i c nY Qt11l3cr DATE: July 16, 1984 Introduction and Backp-round: The truck described in the attached specifications will be the second unit to respond to fires in the Shakopee fire district. This unit will be the first to respond for a mutual -aid call. For our typical call in Shakopee, our first truck to respond is a pumping engine which carries only four fire fighters and the necessary equipment for a very quick initial response and attack on the fire by two or three fire fighters. Due to the exponential spread of a fire in relation to time, timeliness of this initial attack is extremely important. The pumping engine described in these specifications will carry at least seven fire fighters which are needed to back up the initial attack with more manpower and additional hoselines. This unit is also equipt with at least a 1500 gallon per minute pump. This will allow this pumper to supply adequate volumes of water from the hydrant system or a drafting source to the initial pumper and on the later arriving vehicles. A permanently plumbed balanced proportioning foam system is to be installed on this pumping engine. This system will allow very quick and precise applications of large volumes of fire fighting foam. This can be done without the additional setup time or other application difficulties associated with less sophisticated systems. We find this foam system to be an extremely important part of this vehicle. Due to the large volumes of hazardous materials moving through this City on a daily basis by both road and rail and that stored in our indus- trial facilities this foam capability is a necessity. Much time and effort has been spent on developing the criteria and sub- sequent specifications for this system. The system which is specified has been determined to best meet these criteria and specifications. Due to the extremely severe operating conditions a fire ser- vice pumping engine is routinely subjected to, great care has been taken in the drawing of these specifications to build in what is necessary to ensure a long service life for this unit. This department would like to see a service life of at least 20 years with as few maintenance problems as possible. We present- ly have a 1947 pumper still in active service today. This is due to the high quality standards which were used in its manu- facture and purchase combined with an excellent maintenance pro- gram. In the specifications of this unit a long service life 1500 GPM Fire Pumper If C July 16, 1984 Page -2- has been ensured by the specification of well established mechanical and electrical systems which to the best of our know- ledge are least prone to failure or aging. The metals to be used in the construction of this vehicle are specified as either stainless steel, aluminum or heat treated galvaneal. steel. Each of these metals may be used on various parts of the apparatus depending on the structural needs in these areas. All of these metals possess excellent corrosion. resistance and structural strength, thus preventing costly and debilitating maintenance problems. Great care has been taken in describing the fabrication and makeup of the water tank carried on this vehicle. This part of a pump- ing engine is extremely susceptible to corrosion problems and various other types of damage. These problems have caused this department great difficulties in the past on our pumping engines. If these specifications are followed, many costly and untimely repairs along with the associated down time can be avoided. When a fire service pumper is down for repairs the City is in a sense partially unprotected. Occasionally in these specifications, specific brand names and models of mechanical and electronic equipment are specified. This has been done to ensure uniformity in the vehicles used by this department. We have done this for two reasons. First, to expedite repairs due to our ability to keep the more routinely needed parts in stock and make this vehicle an easy fit into our present maintenance system. Secondly, due to the number and variety of people which will be required to operate this pumper, it is absolutely necessary that the basic operation and principles of its operation be identical to our other pumping engines. This avoids operator errors which could be extremely dangerous to fire fighting personnel on and off the fire scene. Due to the additional costs incurred by the specified foam system and a body style in the crew cab area not routinely fabricated by most manufacturers, additional frills on this apparatus have been minimized. A functional basis for all of the listed specifications has been established to provide this City with the best piece of equipment at a reasonable cost. All manufacturers of fire service apparatus should be able to bid this piece of equipment competitively. The only problem which may be encountered could be the water pump. The brand we '47e haw �, eu is "TcZd�c mus" . Ynis is identical i except for r.. ..iii gallonage) to the other pumpers we have in service today except the 1947 pumper mentioned earlier. We feel that this type of pump is necessary to keep the operation of this vehicle identi- cal to the other equipment we have in service. This is done once again to minimize operator error and maintenance problems Another pump system should be considered only if it can be used without causing the above mentioned problems. Most fire apparatus manufacturers are able to install a Waterous pump and do so routinely. 1500 GPM Fire Pumper July 16, 1984 (� Page -3- The time donated by the seven fire fighters on this committee, which is under the direction of Assistant Fire Chief Charles Ries and Chief Joe Ries, is well in excess of 1000 man hours. This time has been used for researching various pumping engine systems, visiting other departments to investigate other apparatus brands and styles, and visiting various manufacturers and their facilities. This has been done to develop specifica- tions for a fire service pumping engine which will most effectively serve this City's needs and remain in effective service for as long as possible. JR:cah MEMORANDUM TO: John K. Anderson FROM: H.R. Spurrier SUBJECT: Off -Site Improvemenps r Shakopee Racetrack DATE: August 17, 1984 \\ INTRODUCTION: Attached are the invitation for bids for three of the five Off- site Improvements for Shakopee Racetrack Site. BACKGROUND: Plans and Specifications have been prepared for these three projects and are on file in the Engineering Department. The three projects are as follows: 1. The improvements to State Trunk Highway 101 at Shenan- doah Drive, County Road 83, Valley Park Drive, and County State Aid Highway 18 in Shakopee, Minnesota, Project Number 84-8. 2. The construction of Shenandoah Drive from State Trunk Highway 101 to point approximately 1,400 feet south of 4th Avenue in Shakopee, Minnesota, Improvement Number 1S84-4. 3. The widening of County Road 83 from Valley Industrial Boulevard north to a point 3,547 feet south in Shakopee, Minnesota, Project Number 84-9. We have all of the right-of-way required for the construction of the improvements along Trunk Highway 101 and the widening of County Road 83. We do not have all of the right-of-way re- quired for Shenandoah Drive. We optimistically expect to have proper documents for entry onto those properties before the completion of the eminent domain proceedings so that the work can be undertaken in 1984. Specifications for Shenandoah Drive are so written so that the work cannot proceed until proper right -of -entry or right-of-way exists. In order to proceed with Shenandoah Drive it will be necessary to adopt Resolution Number 2295, a Resolution Approving Plans and Specifications, and Ordering Advertisement for bids for Shenandoah Drive from State Trunk Highway 101 to a point approximately 1,400 feet south of 4th Avenue by Roadway Construc- tion, Public Improvement Project 1984-4. It will be necessary to approve a motion authorizing advertising for bids for Inter- section Improvements along State Trunk Highway 101 at Shenandoah 4� / / *- � � Memorandum 2 John K. Anderson August 17, 1984 Drive, County Road 83, Valley Park Drive, County State Aid High- way 18 in Shakopee, Minnesota, Project Number 84-8. Finally it will be necessary to approve a motion authorizing the adver- tisement for bids for County Road 83 widening from Valley Indust- rial Boulevard north to a point 3,547 feet south in Shakopee, Minnesota, Project Number 84-9. ACTION REQUESTED: ` 1. Adopt Resolution Number 2295, a Resolution approving Plans & Specifications and ordering advertisement for bids for Shenandoah Drive from State Trunk Highway 101 to a point approximately 1,400 feet south of 4th Avenue by Roadway Construction. 2. A motion to authorize advertisement for bids for County Road 83 Widening from Valley Industrial Boulevard north to a point 3,547 feet south in Shakopee, Minnesota, Project Number 84-9. 3. A motion authorizing advertising for bids for Intersection Irqprovements along State Trunk Highway 101 at Shenandoah Drive, County Road 83, Valley Park Drive, and County State Aid Highway 18 in Shakopee, Minnesota, Project Number 84-8. HRS/pmp Attachment RESOLUTION NO. 2295 A Reaolution Approving Flans And Speciticati.ona And Ordering Advertisement For Bids For Shenandoah Drive From State Trunk Highway 101 To A Point Approximately 1,400 Feet South Of 4th Avenue By Roadway Construction Project Number 1984-4 WHEREAS, pursuant to Resolution No. 2283 adopted by City Council on July 17, 1984 A Resolution Ordering the Improvement of Shenandoah Drive (NIS Collector Street Section (5,115,22) by Roadway Public Improvement. No. 1984-4 has prepared plans and specifications for the improvement of Shenandoah Drive From State Trunk Highway 101 To A Point Approximately 1,400 Feet South Of Fourth Avenue By Roadway Construction, Project Number 1984-4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plana and apecificatiuns, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk ahall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advert- isement for bids upon the making of such improvements under such approved plans and specifications. The Advertisement for Bids shall be published for three weeks and shall specify the work to be done, shall state that bids will be received by the City Clerk until 11:00 A.M., on September 17, 1984, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, or their designated party, will then be tabulated, and will be considered by the Council at 7:00 P.M., or thereafter on September 18, 1984, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deQ sit, cashier's c.yseck, hid bond �or _erof ied cy,eck gayat-le t� tie -o-r6e-r of the T ity of Z;n4Kopee for not less than five �"ri-1 4•a'i of the cTlitoaryt 61` the Sid. Adopted in __. City of Shakopee, 19 ATTEST: aesaioan of the City Council of the Minnesota, held this _.,_._...._... day of Mayor of the City of Shakopee INCQRPORATED 1870 ' * E0GI0E�0 BIG D��A8TME0T * `�` ,/` 129 E. ls¢ Avenue - Shakopee, 55379-1376 (612) 445-3660 ` TO: John K, Anderson, City Admini FROM: H.R. Spurrier, City Engineer SUBJECT: Horizon Heights Drainage DATE: August 21° 1984 ~ \\ INTROn|/rrrnm^ 4 The City of Shakopee has received a grant from the Soil Conserva- tion Service to correct drainage problems in Horizon Heights. BACKGROUND: The City of Shakopee has received Plans & Specifications for the above referenced project. ` The estimated cost of this pro- ject is approximately $8,000.00, roughly $5,000.00 less than the original estimate due some modifications in the plan. Because of the size of the contract it is recommended that the City receive quotes from several contractors experienced with soil conservation service work so that the work | in early September, can be undertaken ``- It is my recommendation the City Council authorize` t''` e er- g n /En i e ' ing Department to receive quotes for H .rizon Hei�~hts--Drainage and present the quotes to City Council, September 4,1984- ACTION REQUESTED: A motion to authorize the Engineering Department to receive quotes for Horizon Heights Drainage and to bring the quotps back to City Council, September 4, 1984 for award. ' ' ' HRS/pmp MEMORANDUM TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: Deerview Acres Road Repairs DATE: August 16, 1984 INTRODUCTION: In his memo to Council on July 13, 1984, Bo Spurrier recommended a course of action to remedy the failure of a segment of the Norton Drive Roadway. BACKGROUND: Under the proposed schedule, the work to be done this year in- cluded the installation of 6" drain tile. As authorized by Council, I solicited quotations for this work from a pool of contractors. August 13, 1984 was the deadline for their responses. A copy of the format used for their quote tabulation is attached. The contractors and their respective responses are as follows: Minger Constuction, Inc. J. 0. Box 476 Chanhassen, MN 55317 Total $13,597.00 F.F. Jedlicki, Inc. 14203 West 62nd Street Eden Prairie, MN 55344 Total $14,902.50 Beuch Excavating 916 Atwood Street Shakopee, MN 55379 Total $17,050.25 Al Rybak 936 East 2nd Avenue Shakopee, MN 55379 Total $23,011.50 S.M. Hentges & Sons 1523 West 3rd Avenue Shakopee, MN 55379 Kirkwold Construction 13881 Diamond Lake Road Dayton, MN 55327 No Quotation No Quotation John K. Anderson 2 August 16, 1984 Dean Smith Trenching 606 South Market Street Shakopee, MN 55379 No Quotation ~HS*ObtAiled in the earlier memo, our estimate for this portion of the work was $13,810.00, plus 10% contingency = $15,191.00. The low quote from Minger Construction, Inc. is under the statu- tory limit of $15,000.00, below which, quotes are allowable. While the Engineering Department has had no experience with this firm, they were recommended to us by a member of Council. ACTION REQUESTED: Council authorization to enter into an agreement with Minger Constructior!, Inc. toir_staJJ .d'j�Rjj-j2ea+r r��r ���ve Tbr � Appro Spi-ty :Ler, City Engineer FS/pmp _) Attachment --.7 -q 1, r CITY OF SHAKE EE INCORPORATED 187O saaena�ns�cu��a... 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 int.. 3 July 26, 1584 Your firm is one of five we have selected to provide quotes for the installation of 6" draint i le in the "Deerview" Subdi- vision in rural Shakopee. We are requesting quotes as follows: Part A Material Only. 1. 1100 L. F. 6" PVC drain tile SDR 35. Price per L. F. ______._., Total 2. 1100 L. F. by L' wide fabric "Supac" #4NP qy equal, to wrap PVC, include tape for securing fabric around pipe. Price per S. V � Total 3. 425 Ton Pea Gravel. An approved igneous rock which has a gradation conforming to MN/DOT Specification 3127. cC, Class FA -3. Price per ton Total Total Part A Part B Labor. 1. Install G" PVC draintile wrapped in fabric and encased in Pea Rock per detail, installation only. Price per L. F. ------- I Total c. Restore 3 driveways with Class 5 as necessary. Lump Sum Total 3. Restore all disturbed ditch and shoulder areas with 4" of black dirt, and seed with MN/DOT No. 5. Lump Sum Total 7'IrPrL)t7rc_,s i�a��cit An Equal Opportunity Employer 2 Total Part B Total Part A $ Total Part B $ Grand Total The City may elect to purchase the materials listed in Part A. The City Council w11 consider quotes for this work on or about August 21, 1984. The work must be accomplished within 60 days of Council approval. If awarded the work you must provide proof of insurance and a performance and payment band in the amount of $5,000.00 Warning lights and barricades must be supplied as necessary. The roadway must be passable at all times. Your quote must be received by August 13, 1984 with a breakdown of costs as shown above. If you have any questions dna not hesi- tate to call. Sincerely Yours, Fulton Schleisman Engineering Inspector FS/pmp A �J MEMO TO: Mayor and Council FROM: John K Anderson, City Admin. RE: Guard Rails For City Streets. DATE: August 16, 1984 INTRODUCTION The Mayor has discussed with the City Engineer and me the inadequacy of the guard rails on Hauer Trail. There was an incident last winter and another incident this summer involving the guard rail. Staff had been treating the problem as a low priority,but the Mayor has suggested that the City may need to do something more quickly. PROBLEM The City Engineer has checked the Minnesota Department of Transportation (Mn/DOT) specifications for guard rails. There are several types of guard rails ranging from the more expensive steel guard rail at $12.00/ft. to a less expensive three or two cable spring loaded guard rail. The particular type of guard rail required for a roadway depends upon traffic direction, velocify, etc. The Hauer Trail guard rail, if it requires the more expensive type of guard rail, would run approximately 1,300 ft. or $16,000.00 (1,300 ft. x $12.00). The City Engineer estimates that we have approximately six other areas in town requiring guard rails. There are several problems Council must address in facing this issue. No. 1, do we need a guard rail policy for roadways in the City? This policy would have to address how the City would handle new roads requiring guard rails and old roads requiring guard rails and who should pay the cost of the guard rails. The second problem, is the legal exposure the City has where no guard rails exist or inadequate guard rails exist. This particular problem is complicated by the fact that an area like Hauer Trail which has recent incidences of the need for guard rails, probably can- not be ignored. The third and final problem deals with the appropriate use of temporary guard rails. Can temporary guard rails be installed without increasing the City's current exposure to possible lawsuits if the guard rails have not been installed according to Mn/DOT standards. Most Councilmembers have probably seen numerous cases where Cities have had haphazardly installed guard rails that meet no Engineering standards. In the case of Shakopee, the City Engineer is concerned about this approach. ALTERNATIVES 1] Take the time now to develop a policy regarding the installation of guard rails by the City. The present press of summer construction with all of the prison and racetrack projects really precludes any thorough policy discussion of this issue that would include the City Engineer. Guard Rails For City Streets. Page 2 August 16, 1984 2] Install "temporary" guard rails until a policy can be established which would eventually put the proper guard rails in Hauer's Trail and any of the other six locations in town. Selection of this alternative by Council could be implemented by the Public Works Department without the participation of the Engineering Department. 3] Do nothing. This alternative would allow us to proceed under the status quo. This means that we might have some exposure for lawsuits on Hauer Trail since we know there has been a problem, but we would not compound the situation by putting in improperly engineered guard rails either on Hauer Trail or elsewhere in town. RECOMMENDATION The City Engineer and I recommend Alternative No. 1, but to begin in November. Should Council select Alternative No. 2, the motion made by Council should clearly indicate that the guard rails are temporary until the road is improved. ACTION REQUESTED Direct the appropriate City staff to develop a policy for handling guard rails in the City of Shakopee that addresses the proper construction of guard rails and the financing of guard rails by December 31, 1984. JKA/bn //k MEMO TO: Mayor and Council FROM: John K. Anderson, City Admin. RE: Eastside Park Hockey Rink. DATE: August 16, 1984 INTRODUCTION On Thursday, July 16, 1984, I was contacted by Tom Serafin, a member of the neighborhood group that installed the Eastside park equipment on the Jr. High property in 1982. As Council may _ recall, -the equipment_ was. installed on the Jr.Hiah prooer_ty_ y's acquisition and construction of the Eastside pending the Cit 0 acres immediately abutting the Eastern edge of Park which is 1 hool property. the Jr. High Sc PROBLEM 1 concept was to install the equipment temporarily The initia ly two years on the Jr. High property. Two years for approximate one and the City is still negotiating to solve have come and g oblem for the upper valley drainage basin. This the drainage pr ult because of our need to negotiate with the has been diffic cause of the new 509 Water Management Legislation Township and be tate Legislature. A reasonable estimate of the passed by the S completion of the drainage facilities for the time table for till remains elusive, which means that City staff Eastside Park s esidents of the neighborhood that construction of can only tell r a must continue to be postponed. This has frus- the Hockey Aren hood residents who would like to see the Huber trated neighbor rds moved to the Jr. High this year rather than Park hockey boa stallation to occur with the construction of the wait for the in rk. new Eastside Pa Park hockey boards are in good physical condition, The Huber after two year's of flooding. The Huber Park but need paint n unavilable for free skaters or hockey enthusiasts shelter has bee ars because it has been closed because it is in the last two ye ion. In addition, George Muenchow has indicated terrible condit perienced problems in keeping good ice on the that we have ex r of the ice rink during the last several years. northeast corne 0 one knows just why this problem exists but it It seems that n enance problem for steady staff. Community is a high maint like to see the Huber Park hockey boards moved Services would this year, but understands that this would require to the Jr. High o move the boards twice and so Community Services the Park Crew t the issue. has not pushed the Huber Park rink is lighted and is used for Currently, d for broomball two nights a week. George Muenchow free skating an he lights would not have to be moved to the Jr. has said that t oards and that the broomball players could be High with the b other rinks if they still had to play under the accommodated at vening. The City has temporary service for security lights in the e Eastside Park Hockey Rink Page 2 August 16, 1984 lights at the current Jr. High skating shelter which would not be adequate to light the rink as it is currently lighted at Huber Park. There is an appropriate site at the Jr. High for the Huber Park hockey boards and the Huber Park facility is bolted together. This means that it could be disassembled and reassembled on the the Jr. High site without replacing many existing boards or posts. The Public Works Director estimates that it would take a two-man crew three weeks to move the hockey boards. This could be speeded up with the assistance of some summer youth helping in the Park Department and/or the help of neighborhood volunteers. Thus, the bottom line is that the moving of the hockey boards twice, rather than once, wastes approximately 240 manhours in Park Crew time. The School and the Utility Commission have no problems with the City moving the hockey boards to the Jr. High site at this time. ALTERNATIVES 11 Leave the hockey boards at the Huber Park site until they can be moved directly to the new Eastside Park site. The Huber Park hockey boards are the best hockey boards the City has and are permanently in- stalled. This requires more time and effort to move them than portable hockey boards require. By leaving them in Huber Park, the City can save the double move and approximately 240 manhours in time. It will mean that the Eastside neighborhood would be without its own hockey rink until the drainage problem is solved and the Park is constructed. 2] Move the hockey boards in their present condition to the Jr. High. As mentioned above, this require 240 manhours, some minor replacement of boards and posts and probably a repainting of the boards. This alter- native will provide the neighborhood with a hockey rink in the winter of 1984-85. 31 Move the boards as indicated in Alternative No. 2 but have it done by volunteer work, by a service group or a neighborhood group. RECOMMENDATION City staff recommends Alternative No. 2. Partially offsetting the 240 manhours used to move the boards twice, will be the elimi- nation of the Huber Park ice skating areas which should cut down on Park Crew ice making time during the winter. Staff would propose eliminating all skating facilities at Huber Park on a trial basis for the winter of 1984-85. Eastside Park Hockey Rink Page 3 August 16, 1984 ACTION REQUESTED Authorize the from Huber Park to with or without the to discontinue all 1984-85 on a trial JKA/bn City staff to move the permanent hockey boards the Jr. High for the 1984-85 winter season assistance of volunteer help, and direct staff skating activity in Huber Park for winter of basis. 7q he) c 4 Tre� i tom , v-i-r- � mss' �✓ � �r �s P� � ©,,.:� DISTRICT OFFICES INDEPENDENT SCHOOL DISTRICT NO. 720 505 SOUTH HOLMES JAMES STILLMAN, Chairperson SCOTT COUNTY ROBERT MAYER, Ed.D. JERRY LEBENS, Vice -Chairperson SHAKOPEE, MINNESOTA 55379 Superintendent of Schools GAIL REBECCA KELSO, Clerk TELEPHONE: 445-4884 VIRGIL S. MEARS JOHN GOIHL, Treasurer WARREN HALLGREN, D.D S., Director Assistant Superintendent JOAN LYNCH, Director ROBERT MEADOWS, Director August 17, 1984 Mr. John Anderson City Administrator 129 East lst Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: RFS r AUG 2 1 1984 C1 FY 01: SHAKOPEtr We would not object to the moving of the hockey rink from Huber Park to the Shakopee Junior High School site. I would ask that Mr. John Cole be contacted with respect to its location prior to the time that the boards are set up. Sincerely yours, Robert Mayer Superintendent of Schools RM:cb cc:John Cole AN EQUAL OPPORTUNITY EMPLOYER Memo To: John K. Anderson, City Administrator FYv-m: C,Yegg Finance Director Re: Accounting Clerk Position (Parttime) Date: August 15, 1984 Introduction & Background The Accounting Clerk position is vacant and Council has authorized recruitment of a replacement for Pat Pennington. Thirty—four applications were received and initial screening for qualifications produced twelve applicants of which three were from Shakopee. Final screening based on rankings of education and experience produced five applicants for interviews. None of the five were from Shakopee. Four were interviewed (one declined) without a clearly satisfactory applicant so a sixth was interviewed and considered best for the position. I,recommend hiring Jean Seckinger, 208 West 1st St., Chaska for the position of Accounting Clerk with a service credit of six months at step one of the pay plan. Starting rate would be $5.38/hr. effective 8/27/84, with the standard six months probation. Alternatives 1. Hire Jean Seckinger as per above 2. Do not fill position 3. Re—advertise 4. Interview more applicants 5. Give staff other direction Recommendation Alternative no. 1 as per above. Action Requested Move to approve the hiring of Jean Seckinger for the position of Accounting Clerk at step one of the pay plan with a six month service credit. GMV:mmr W '0 Q- t T 7 00 00 co 9U .t VJ vv svv v.tJ V v v v 00 W 00 W 00 U U Y Y Y a d v a V U � U W q OD 00 OC 00 OD • r r �.. t r. wt_N WN q (n � * # « \ \ \ \ \ \ \ \ d W r # • vs Ln U1 In V1 N F L ; G \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ a � r \ Z. r r' r 4 u C. (-'; ') m W 00 - 00 x 00 00 YJ x \ \ \ 4. 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O H N U Ca O O O O O O O O O 0 0 0 0 0 0 O a) +j ro co •� O O ,-a O 1-4� O O r O r + O .-4 O 1-4 O .-a . 4 ,-r .--i 0 ') . a U) a1 O 1 O O O O O Ili p� rd y4 ,- -4 -4 -4 .-4 . 4 . I -4 .-i O O 00 00 00 ao 00 co 00O O O N h h O Ctl o r -I P .n ami 0 ai o w w A cn w .--4 M u)+� O O O O O O O N M M I I I O 0 1O 00 CIO • O O O O O O O .-+ 1-i N � n O CT H O cV h 00 cl H Q cn -A Lr)O 0 0 O 0 O 0 O 0 O 0 O 0—� r� M "� O r U U M --IO O O O O O O O N 01 � N a) n 00 CT 1.1 O O Q1 O O O O Cl) H M M N N N M CT N 01 N CT N CT -A •--4 •--+ -4.-r M M M C•'1 •- -4 _q bJ) F'A � � �t �t �7 d' �7 �t �t d d• �t d' � C l N �7 A O O 00 00 00 00 00 00 00 O O O N h ^ O MEMO TO: John K. Anderson, City Admin. FROM: Judith S. Cox, City Clerk C� RE: "On Sale" Intoxicating Liquor Licenses - Limited Number. DATE: August 17, 1984 INTRODUCTION: On July 17th Council directed staff to prepare necessary information on methods and time table involved for increasing the number of "On Sale" liquor licenses in Shakopee. BACKGROUND: State law sets, by population, the number of "On Sale" intoxicating liquor licenses a municipality may issue. The law also permits the voters to approve, by ballot, an additional number, or they may approve taking the lid off entirely. Shakopee is a City of the fourth class with a population under 10,000 with the ability to issue seven "On Sale" licenses. When Eagle Creek was annexed, we were able to issue eight be- cause`the license issued in Eagle Creek was in addition to Shakopee's seven. When the license in Eagle Creek was not re- newed, we lost that additional license. A number of year's ago, the voters did approve the City issuing two licenses in addition to the number set by State statute. The City has now issued nine "On Sale" liquor licenses. If the City wishes to take to the voters in a special election the question of issuing more then two additional licenses, it would be economically desireable to do so in con- junction with another election, such as November 6, 1984 or November, 1985. Upon checking with the League of Minnesota Cities, the law does not provide for language on the ballot limiting to whom the additional license(s) would be issued. Any Resolution Council may adopt limiting to whom additional licenses would be issued would not be binding upon future Councils. No one has a right to a liquor license. Liquor licenses have been deemed to be a privilege, not a right. However, denial of a license should not be arbitrary and capricious. The League also suggested not taking the ceiling off entirely. If you increase your limit to two at a time, you have some control. If you put a question on the ballot eliminating a maximum number altogether, you lose a lot of control. "On Sale" Intoxicating Liquor Licenses - Limited Number. Page 2 August 17, 1984 If the voters approved an additional license or two, and Council wished to save it for a hotel or motel, what would be the extent of exposure to the anti-trust law? The League pointed out that,generally speaking, with anti-trust liquor is probably the safest because liquor licenses have been deemed a privilege, not a right. ALTERNATIVES: 1] Hold a special election in conjunction with a regular election increasing the number of "On Sale" licenses and issue licenses first come. 21 Hold a special election in conjunction with a regular election and deny applications if it is decided to hold them for a particular business and/or area - hoping that no one would contest a denial. 31 Hold a special election when someone applies for a license and pays an appropriate fee to pay for a •. special election - $1,100.00 - $1,300.00. 4] Hold a special election when someone applies for a license and the City pays for a special election. 5] Issue no additional licenses until the 1990 census, this would require someone new to purchase a business from an existing licensee and apply for his license. TIMING: The last possible date for Council to adopt a Resolution setting a special election is October 2nd, giving staff a reasonable amount of time to have ballots printed. If Council desires to have a special election in November, I would like to recommend Council direct staff to prepare the appropriate Resolution for consideration in September, rather than waiting until October 2nd. JSC/bn MEMO TO: John K. Anderson, City Admin. FROM: Judith S. Cox, City Clerk RE. Family Dining, Inc. - New Insurance Policy. DATE: August 17, 1984 INTRODUCTION: Family Dining, Inc. has purchased a new liquor liability policy with a new Insurance Company and would like the old policy returned. The City Attorney has reviewed the new policy and it meets the requirements. ACTION REQUESTED: Approve the liquor iabi ity po icy rom St. Paul Fire and Marine Insurance Company for Family Dining, Inc. and authorize the return of the policy from The Home Insurance Company. JSC/bn MEMO TO: John K. Anderson, City Admin. FROM: Judith S. Cox, City Clerk(,. -,--- RE: Temporary 3.2 Beer License Shakopee Knights of Columbus DATE: August 14, 1984 INTRODUCTION: The Shakopee Knights of Columbus has applied for a tem- porary 3.2 beer license at Tahpah Park for August 25th and 26th. The application is in order. RECOMMENDED ACTION: Move to approve the application and grant a temporary 3.2 beer license to Shakopee Knights of Columbus at the Tahpah Park ball fields for August 25th and 26th, 1984. JSC/bn MEMO TO: John K. Anderson, City Admin. FROM: Judith S. Cox, City Clerk - RE: Shoreland Ordinance No. 149 DATE: August 14, 1984 INTRODUCTION: On August 7th, the Shoreland Ordinance was adopted by Council but because of its length staff prefers publishing a summary of the Ordinance which has been done in the past. A copy of the complete Ordinance will be placed on file in the Library. The attached summary must be approved by Council prior to publication. RECOMMENDATION ACTION: Approve the official summary of Ordinance No. 149, An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 11 entitled "Land Use Regulation (Zoning)" by repealing Sec. 11.35 entitled "Shoreline Zoning District" and replacing it with a new Sec. 11.35 entitled "Shoreline Zoning District" as hereinafter setout; by adding additional definitions to Sec. 11.02 entitled "Definitions"; and by adding additional protected areas to Sec. 11.21; and by adopting by reference Shakopee City Code Chapter 1 and Sec. 11.99 which among other things contain penalty provisions. JSC/bn Att. PUBLISHED NOTICE ORDINANCE NO. 1.49 Fourth Series An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 11 entitled "Land Use Regulation (Zoning)" by repealing Sec. 11.35 entitled "Shoreline Zoning District" and replacing it with a new Sec. 11.35 entitled "Shoreline Zoning District" as hereinafter setout; by adding additonal definitions to Sec. 11.02 entitled "Definitions"; and by adding additional protected areas to Sec. 11.21; and by adopting by reference Shakopee City Code Chapter 1 and Sec. 11.99 which among other things contain penalty provisions. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Following is the official summary of Ordinance N0.149, Fourth Series, approved by the City Council _of the City of Shakopee on the day of 1984. SUMMARY The Cjty Council of the City of Shakopee by the above Ordinance No. 149, Fourth Series, made the following changes in the Shakopee City Code, Chapter 11, entitled "Land Use Regulation (Zoning)" as follows: A. Repeals Section 11.35 entitled "Shoreline 'Zoning District". B. Amending the Code 1. By adding additional definitions and adopting two definitions to replace definitions 136 and 139. 2. By adding and classifying additional protected areas. 3. By enacting a new Section 11.35 entitled "Shoreline Zoning District" 4. Providing for permitted,conditional and accessory uses. 5. Providing for Lot area, Height, Lot width and Yard Requirements. 6. Providing guidelines for a. Roads and Parking b. Elevation of lowest floor C. Sewage Treatment d. Shoreland Alterations e. Subdivisions 7. Adopting notification requirements and provisions 8. Adopting penalty The above Ordinance was adopted by the Shakopee City Council on the day of _ 1984, and the immediate foregoing Summary was approved by the Shakopee City Council on the __ day of 1984 by at least a 4/5 vote of the Council as per requirements. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 10th da of August, 1984. s it PO , ,,r CC—t y Attorney MEMO TO: Mayor and City Council FROM: John K. Anderson, City Admin. RE: Nominees From 3rd Commipsjon District to Scott County Study Commission. DATE: August 21, 1984 Possible recruitment might be from the following: A] School Administration: i.e. Ron Ward Dr. Mayer Bob Martin B] Civic Organizations: i,e. Lee Hennen Connie Schmidt Vern Lang C] Attorneys: i.e. Rod Krass Dennis Moriarty 4nat Shakopee resldentl. D] Present elected officials. E] Former Mayors: i.e. Walt Harbeck Ray Foslid F] League of Women Voters G] John Schmitt Prior Lake is recommending dally Stock and Pete Patchin from their area. In considering their nominees, criteria Prior Lake used is: Some government knowledge and some type of m4nagement experience. Staff is not recommending making any nomin4tions from those parts of Shakopee lying wtthi.n,the 4th and 2hd'Commiss1-6n Districts. Does Council have an d pna repommendations in recruitment? JKA/bn 13c INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, fftnnesota 55379-1376 (612) 445-3650 TO: John K. Anderson, City Administi FROM: H.R. Spu;-rier, City Engineer SUBJECT: 1984 Pavement Preservation Progi DATE: August 21, 1984 INTRODUCTION: In the award of the Pavement Preservation Program for 1984 on Auguat 7, 1984 the action requested made reference to the pos- sible use of asphalt -rubber in the above pro)ect. BACKGROUND: I have been unable to arrange a pro)ect that includes an asphalt - rubber compound, however, the contractor can Use a latex modi- fied emulsified asphalt at an additinal cost of $.25 per gallon. The resulting price would be $1.13 per gallon. I would expect to use only one transport of this material. A transport is 6,000 gallons so the resulting increased price would be $1,500.00. I have used latex modified asphalts before and found that they do perform very well. I have not used the latex modified emulsi- fied asphalt but I believe the performance will be similar. It is my recommendation that the appropriate City officials be authorized to execute Change' Order Number 1 for the lg$q Pavement Preservation Program in order to include a latex modi- fied emulsified asphalt in approximately 6,000 gallon4 of CRS -2 emulsified asphalt. ACTION REQUESTED: Adopt motion directing proper city officials to execute Change Order Number I for the 1984 Pavement Preservation Program i' n - creasing the contract amount $1,500.00 for latex Modified emulsi- fied asphalt and reducing a, proportional amount of the 'other units by $1,500.00. HRS/pmp