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HomeMy WebLinkAbout10/16/1984 I MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Non-Agenda Informational Items DATE : October 11 , 1984 1 . We received a nice thank you letter from Vicki Laddusaw on behalf on the seniors, the cooks and the volunteers of the Congregate Dining Facility for the new mixer Council purchased for the facility. 2 . Linda Muhlenhardt has dropped her lawsuit against the City regarding the roadway easement in the Horizon Heights sub- division . This item will be on the agenda October 16th in the form of a petition for a street vacation . 3 . Eldon will be starting a regular KSMM Council follow-up program Wednesday AM. 4 . The installation of the replacement carpeting for the Police Department has been completed . The Department is extremely pleased with the improvement and has passed along a thank you to Council . 5 . The errosion control grant project has been completed in Horizon Heights. We have already experienced a minor amount of vandalism to the netting and the piping used in the project . The soil conservation proiect coordinator has said that the netting would be relayed and that the damage to the jiZg r'f waw 6 . Status of Engineering projects. The Fifth Avenue sanitary sewer project is in the ground and we only have restoration remaining, the Deerview Acres drainage project is complete , the Huber Park Restrooms are complete except for the landscaping , the pressure tanks are due to be installed in Tahpah Park by October 15th and the various roadway improvements for the Racetrack are on schedule . 7 . Attached is a memo from the League regarding a change in distribution of proposed legislative policies. 8 . Attached is a memo from the League regarding major legislative issues of importance to cities . Note the League ' s questionnaire along with a questionnaire from the Municipal Caucus have been mailed to Senator Bob Schmitz , Rep . Chuck Dimler and Jim Suel . 9 . Attached is a letter of appreciation for the time and effort LeRoy Houser provided in solving a problem for the Richard Ahrens. 10 . Attached is a memorandum from the Piping Industry Development Council regarding building and plumbing inspectors . The City Building Inspector has been working with this for some time now and the Mayor asked that I provide it to Council as an informational item. 11 . Attached is the monthly financial newsletter from Ehlers and Associates , Inc . 12 . Attached is the Building Activity Report for the month ending September 30 , 1984 . 13 . Attached are the minutes of the September 27 , 1984 meeting of the Shakopee Coalition . 14. Attached are the minutes of the September 6 , 1984 meeting of the Shakopee Public Utilities Commission. ,t� 15. li L'L a do e b -a-r-e `t'n� �[ -ci1 A-e-b 23'i `U rrL 0 ` -: L`eDh rLe1 1 i`�j , 'i`7111. '[lnek'—'..Lnrb of the Downtown Ad Hoc Committee . 16 . Attached is the Revenue and Expenditure Report as of September 30 , 1984 . 17 . Attached is the Program Costs by Department as of October 10 , 1984 . 18 . The Racetrack, because it did not require a plat , does not have to pay a park dedication fee and according to Rod Krass there is no way for us to collect the fee under State Law except through the platting process . 19 . A Councilperson , Flanning Commfssfon Member , or citizen asked me about trucks parking overnight on Marschall Road between Perkins and the Motel . I can ' t remember who asked , but it is legal for trucks to park on the street overnight in a non-residential zone. JKA/jms III X111 league of minnesota cities October 4, 1984 NOTICE TO: Mayors, Managers,Clerks RE: Change in Distribution of Proposed Legislative Policies To enable faster turnaround and save costs, the League will be sending only two copies of the Proposed Legislative Policies to each city. Those two copies will go to the mayor and the manager or clerk. The Legislative Committee will review the proposed policies on December 13 and you should receive the Proposed Legislative Policies in late December. Please see that councilmembers and other interested city officials see the proposed policies. The League membership will review and adopt the proposed policies at the Legislative Action Conference on January 28 and 30, 1985. JM:glb I 80 university avenue east, st. paul, minnesota 551 01 (01 21 227-5000 IIII 451 OC-r 91984 LL-IN-11- 11 CITY OF SHAKOPEE 9 league of minnesota-cities October 3, 1984 RE: MAJOR LEGISLATIVE ISSUES OF IMPORTANCE TO CITIES Dear Local Official: City officials and the League of Minnesota Cities as cities' representative before the Legislature recognize that communication among city officials and legislators is essential if we are to work out solutions that best serve the public interest. The 1985 Legislature is sure to face difficult decisions. Will cities continue to lose revenues as a result of reduced state aid and credit payments? If the state makes future cuts, will they be fair and timed so cities can make responsible budget and service changes? Will the state change levy limit laws to allow cities more local authority and flexibility to deal with decreasing state and federal aid? Will the state continue to enact mandates which require additional expenditures? Will the legislature address the growing problem of growth and development in areas surrounding cities, and the laws relating to land use and annexation? Will the state shift responsibility for roads and, if so, provide a revenue source for maintenance of those roads? Will the state continue to allow local government to provide retirement benefits without adequate reserve funds? These questions relate to seven major issues of concern to cities. The enclosed LMC issue papers explain these problems and offer solutions. They address: 1) The state-local fiscal relationship 2) Mandates 3) Land use and annexation 4) Local revenue sources 5) Local government aid 6) Transportation (OVER) 7) Funding benefits for retired employees 1 83 university avenue east, st. paul, minnesota 551 01 (61 2) 227-5800 Page two You as city official can play an important part in assuring that the Legislature deal with these issues in a manner satisfactory to cities. But, to do this, you must become involved in influencing state government. As a first step, we ask that you send a copy of the enclosed questionnaire to the candidates in your area, and talk with them about the issues. We hope these issue papers will help inform candidates to the House of Representatives of cities' key concerns. Ultimately we would like to get commitments from them to support LMC positions on these issues. All candidates have received a copy of the issue papers. Thank you for your help with this project. Your participation can help guarantee a more successful legislative effort to cities in 1985. Sincerely, lot Mary Anderson Mayor, City of Golden Valley President, League of Minnesota Cities MA:rmm Enc. PtE�CEIVED OCT 3 1984 October 1 , 1984 CITY OF SHAKOPM City of Shakopee l City Hall Shakopee, MN 55379 To Whom it May Concern: I am writing this letter to express our appreciation for the time and effort put into the problems with our home by your City Inspector, Leroy Houser. Without Mr. Houser we would still have a hole in our back yard and problems with our foundation walls. Needless to say falling short of a law suit and continuing to pay a lawyer. As far as my husband ad I are concerned Mr. Houser represents the "CITY" very professionally. Our problems have been corrected and we would like to say one more time that without Mr Houser we could not have done it. Sincerely Mrs. Richard Ahrens cc: Leroy Houser /a , ' I PIPING INDUSTRY Development Council ROY WEST,Administrator D 2801 Wayzata Blvd., Suite 203 Minneapolis, MN 55405 (612) 377-4880 QW 31 TO: CITY OFFICIALS BUILDING INSPECTORS PLUMBING INSPECTORS Just a brief explanation of who the Piping Industry Development Council , Inc . is : We are an organization of over 175 licensed plumbing contractors, here in the metro area, who employ some 1100 licensed journeyman plumbers . These journeyman plumbers have completed at least four years apprentice training , and have passed the State of Minnesota Journeyman examination; and, where required, a local examination, to prove their qualifications . Enclosed is an editorial which appeared in the June , 1984 issue of the "Plumbing & Mechanical" , discussing one of the major problems facing our industry, that of the unlicensed individual doing plumbing work. This is a problem for both of us - You as a local community official , facing the possibility of dangerous and unqualified work being done in your community without permits or inspection . We as licensed contractors and journeymen, attempting to comply with the codes , licensing and permit requirements , and still remain competitive. We have asked our employees to notify your inspection depart- ment and our office when they suspect illegal work is being done in your community. This will assist your inspection department in locating such plumbing jobs ; and, at the same time, guard the safety of your citizens by protecting them from possible dangerous installations . Enclosed is a copy of the form being used. We welcome your comments and suggestions concerning this program, and other ideas you may have on how we can assist your community in combating this dangerous and illegal practice. •e. 01 d*ton Amateurs Jeopardize Health And Safety Of The Nation There are plenty of things to be proud of in this coun- convince people they cannot just walk into a lumberyard try, and great plumbing is definitely one of them. or hardware store, take something off the shelf, put it Because we've had excellently trained, Professional into a home or business,and assume everything neces- mechanics, superior materials and strict codes, we can sary has been done.' boast the best plumbing in the world. • "We're worried about health.Restaurants should not However, such an important part of what gives our be allowed to stay open with cross connections or with country the highest standard of living in the world can- vacuum breakers out,but they are." not be taken for granted. Now, with the rapid growth of • "If a maintenance man knows what he is doing and the DIY market; the increasing activity of that perennial does it correctly,I have no argument with him—whether pest,the jackleg plumber;and with more commercial ser- he has a license or not.But not very many do know their vice work being done by maintenance men,the quality of stuff, and the public is endangered." plumbing is beginning to deteriorate. The complaints and concerns of contractors across the Good plumbing, meeting code, is being replaced every country are not sour grapes.Yes, our industry has lost day at an alarming rate with junk put in by inexperienced business, but that's not the point. When a home owner people using incorrect or shoddy materials. For many of replaces a simple sink or lavatory trap, or installs a these amateurs,proper installation methods are as mys- faucet,we can't complain.This isn't any different than a terious as UFOs. person with an ordinary headache taking an aspirin in- stead of calling his doctor. But when the work involves parts of a plumbing system which,when improperly in- Good plumbing, meeting code, is being stalled or serviced, can hurt people or damage property, that's a different matter, and our industry must do replaced every day with junk put in by something. Squeal Away: How can we best do that something? inexperienced people . . . You know Should we attempt to legislate the problem away?No.For where it's done and by whom. the most part, the statutes are already in place. However, we can use the law to our advantage. You Squeal on them! know the restaurants that do not meet the code. Squeal on them.You will be doing the inspectors a favor. They are probably bored with looking over your shoulder all the Whether through ignorance or expediency, safety and time anyway.With your help they can enjoy an invigorat- health considerations are often disregarded by this grow- ing change of scenery. If they catch a few culprits the ing menace.Proper venting,cross connections,etcetera, word will quickly spread, and it won't be long before the are unknown.For all they know,a vacuum breaker could -kitchen help is relieved of its plumbing chores. I'm sure be a quality control test at a Hoover plant, or a cross they'll love you for it. connection a movie starring Gene Hackman. At this year's annual Indiana PHCC convention, there was plenty of lively conversation on this subject. Below are some of the comments we heard. 0 "When we do remodeling in restaurants, we get a permit and an inspection.Yet there are no such restric- tions for maintenance people and,of course,they are not licensed plumbers as we are." • "They are disregarding water safety.They are taking , K��ffy� 21zM}„Pa_l�Ps�_Thev don't even know what they are doing, so they install plugs and caps to replace them." • "Recently I did a job on one of these jerry-rigged sys- tems,but I would only do it after the customer agreed to let me cut out everything and start over again. However, this is unusual,and so we continue to lose work because it is cheaper to have kitchen help and maintenance peo- ple do it." • "This type of work is hazardous to our community. Yet I see examples of it daily." • "The public is ignorant about why codes were writ- ten in the first place. We must inform them. We must 108 3-EMO Plumbing &Mechanical,June 1984 z i U !Cl�1CIC1Cl4 til' 0 0 0 O O O 0 0 0 7— P �O .O .O .O •p . v m777 j CI 0 0 0 0 0 0 0 0 0 P 0 m 0 0 0 0 O P O O P O O O O 0 0 0 0 0 0 0 0 O O O P P P 0 0 0 0 d 2 v S ^ m P P m m P � m.00Pvv 0 P O P P Ql r O O . .(�Wp�p m mm mm .mp _m p� m m m imp m imp m m m �p m mN ^m-- (m_p imp m (yp1 m m m FIRm (p P IR P P N 8 WN � v O v O � � P � � m � � � � � � � O � Uhf � � P app N n0•f OD O O �0,� W W a m M N^ w N ^ ry^ m v gn'vNc as a $ o j C Opp�p a GGOO p y O Q( �r O EO 2 2 $ p _a d g $ i c c « c ppd 0 0 .2 :pp+ :pp: � d � v � appNi �pp a p�o pdp pdp ppm C d V 1 N N N N N S0 0 0 0 0 0 0 0 O q O O O O1 p p O Lp M Y d C 6 O d O O O O O w O Vm� p m m m m m m mm m m m m m m m W m v v v v v v v v v v v v mm m m m m m m m 0) m 0 0 m m ^ F ^^^ M m (\ O\\W N N m m\ m WQ m p O v a > W � � _E � v G N r 3 U d N QZ C 7 � < fyCj .Z2. � y a �y � N q� •� d '3 P j NN 4y =aC 2 x x x s p q sy q p G N .� L 3 31 2 m v«, 1° ^ ^ _ _ < 2 a T m m ^I MM MM d P v v o~ N v v 1C 0 V O O M M M m m m P P P P m m CO Mm m O O O O O O P O O O m CO 0 0 0 O 0 0 0 0 6 O 060 OOO 22 O 22 p 29 60. 000 000 O P P P P P P P P P P P P O O Z C1 100 P N O N O m iA �.�i t�+� ~ N m P O N �G ~ P P iM1 m O P S N P P P P N S� mmmmO �O mmD mm �mD �Hpl mr timl �Wp O� P— N^ N N ^ N N N mImI p_p mmI i mr ^ m� imp imp m m mmp pp imp m, m1 �j pp •m- m �m_p ym_� mI .mp (p�� m T P- P -- ------------ —---— ------------------------ M P m O a k � N O N NP m r0'f C_ P O P < v0 N N P O> m •- N w N N V� O P N �!f ^ P M M .p yf �p P A ,y m y ✓1 m w M ,p w m m N p __ N _ . i v p p ip p Cp Opo d Opp Op Vpp p Cp Opo m UI Opp N (�>y EO Cpp D O m O U O �oo log 9po 9 9 voo > Vpp Op 9 vo V m Q. I i « `N. m c. �Q m « m $ CCpp mI O « d^ U O 4 d« d w (?mE�+ yy EU q GE �i O G C.i O Gi Orn 3 C T Q m u C LQ C «uE�i 1 oo .y .. 5 t. Go OLp 41 pp «� Q< pyi« pp pp pp pp p pp Fp c vpo y p p p Q[ c o p O p T q !Y7 p .Q O L O O Y E E d .� E E W E K V O '-' .' aOC O 66 Yi Yi Fon QLQ" pno pco J V m N t7 V wt. O O O O O G O O O O O O O O O V O O O O O O O O O O O O O O O O O O O O O O V V O [.� V t:J V V t� V ippn O t� pvV VVV O c _O •T d� p C O .p<. q« C N C L L W « � �+ d .0 q d^ d � N O _ d d N y L 7 Vp T« d C d yO � 4 u C C .>i •� m1y U Lq «q y> « qy .N L C C d O• L y ... 2 3 q)W O N N rdq+ Y qj qO qO yO yN ydp 2 S Z i C 0 d' K N Y m 61 CITY OF SHAKOPE'E' tWil-DING ACTIVITY RLPOIZT SEPTEMBER, 1984 PERMITS ISSUED Yr. to Date 'Total Prc:v.i ous Year 6431 - 6459 PJun!hc r Nrtmher Vr11 urs I, i ��ri Numbet� Valuation Single lam. -Severed - 25 1,535,000 4 37 2,136,577 l cern.—Septic 1 7 747,941 - 2 9 8 695,960 692,800 NuI tiple llx•.,.!11irigs 2 11 1,094,500 (4) (20) (Ho.kill it.$)(YTI) tillltf;) (6) 4 (28) 48 346,607 1 55 631,830 Dv: eI 1 info A�Idi tions 3 6 958563152 - 3 1,6455850 `1 - 7 1,390,875 3 8 2985500 Business District. A)"ricul turill - - _ Iridl w.t r•ial-::c•wored - - - — iri(lustri;,r —Septic — — — — — CC. 01''V.'�;:11•:1 c : 2 41 3445203 5 34 199,029 1•ence.s 3 33 41,853 1 33 46,421 !• ; r , i �:r, , :.: 1;: t :,t,� 1 6 1.9,900 5 11 243275 rtrrrdi ns*/l'oiuidation 2 9 2,617,000 — 9 90,884 Il'olliodeI in)" (Hos.) 3 29 123,092 4 20 1033338 Remodel ing (Inst. ) 1 1 65345,000 - 1 100,000 Remodeling (Other) 4 37 689,059 - 13 116,365 ;'c`;'11. 't'Aa,�i�l•I.' 29 276 18,8063182 27 252 6,681,829 N A 1. 1 1 63345,000 1 1 100,000 I;nraD 'lr)'rnl. 30 277 25,151,182 28 253 6,781,829 Vr, r.i rrnco.-; 1 6 2 4 11 9 '011di t i ona 1 Use, 5 13 — 1 ng — 1 h: I �c t. r 1 l'e' an i t:: 25 205 14 28 156 157 Inrhf;. & llt)T. Perini t:;; 35 199 Permits 1 Residontial C'c�tnrnc�rci cel - _ 11uLrii dvk-l.ling unit:, in C.1ty a1'tyt7jyrnpletion of rai 1 con:str•uct.ion permitted "'0 date ......................... Hullander I�l�))aI)����t•r.;�c•.�rc•t,�t•y CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN SEPTEMBER, 1984 6431 Balco Bldg. Sys. 200 Cavanaugh Dr. Addn. 6432 Kraus -Anderson Racetrack 6433 Peter Shutrop 1424 Heron Court House 6434 Joseph Klehr 628 W. 7th Garage 6435 John Vohnoutka 1266 E. 1st Alt 6436 Muenchow Const. 1946 E. 11th Alt. 6437 Clete Link 1410 W. 3rd Exc. 6438 Clete Link 1410 W. 3rd Stg. Bldg. 6439 Siekmann Const. 1061,Eastview Cir. Duplex jQ XL i 6440 Siekmann Const.' 10'3 E stv�view Cir. Duplex 6441 Kraus -Anderson Race rack 6442 Adolfson-Peterson 1010 W. 6th Correctional Facility 6443 Scenic Sign Co. 1181 E. 1st Sign 6444 Lee Menke 955 S. Market Fireplace 6445 Howe, Inc. 7632 Hwy 101 Alt. 6446 Quality Bldg. 1061 Madison Addn. 6447 James Wooldrik 440 E. 4th Alt. 6448 Jasper Homes 530 Thomas Addn. 6449 Michael Jensen 1054 Legion Addn. 6450 Joe Link 1019 Madison Addn. 6451 G.F. Juergens 1182 Madison Alt. 6452 Valley Sign 435 E. 1st Sign 6453 MN Valley Fence 502 W. 1st Fence 6454 James Pierce W. .,6th /1725 " �4-plex 4-plex 6455 James Pierce 1731 th 6456 James Pierce 1737 W. Oh � "' 4 plex 1743 W.� 6 L�-4-plexi 6457 James Pierce '�eiC ' )�_ tai/ $ 190,000 44,500 82,941 6,500 650 800 500 20,000 45,000 45,000 1,084,116 6,345,000 5,163 2,000 9,000 14,000 3,000 3,800 1,700 20,000 3,000 3,500 5,000 52,500 51,500 51,500 52,500 6458 David Moonen 6459 Valley Fair 6392a Kraus -Anderson 223 Holmes Alt. One Valley Fair Dr. Exc. Racetrack 5,000 1,000 8,267,624 $16,416,794 /3� SHAKOPEE COALITION ------------------ Meeting Minutes - September 27, 1984 The meeting was called to order at 7:00 a..m. in the Citizens State Bank Community room be Chairman John Neely. Members present: George Muenchow Gene Skalsky Jim Streefland Deloris Gorman Roman Schneider Ruth Schneider John Neely Jackie Kes Kathy Lewis John Anderson Jeff Manthe Bill Streff Shakopee COmmunity Services K of C Shakopee Lions Shakopee Community Services Senior Citizens Senior Citizens Valley News Scott -Carver Economic Council Shakopee COmmunity Services City of Shakopee Shakopee Rotary SACS School Jackie Kes, representing Scott -Carver Economic Council reported: a. The Thrift Shop has extended an invitation to visit on Tuesday, Oct 2, 9:00 a.m.-8:00 p.m. for the purpose of celebrating their 6th Anniversary. b. The Food Shelf is running dangerously low of food and money. A special local effort will have to be made to build up supplies. They cannot last until the major special gathering in March. Forty-three Scott County families have been served so far in the month of September. C. Flyers are being prepared for distribution during the current major fund drive. S.W.Suburban Newspapers will provide assistance in distribution. John Anderson, representing the City Council, announced: a. The City Budget probably will be adopted on October 2. It apparently will reflect no City Tax increase. b. There apparently will be a major Transit reduction in taxes for Shakopee because of recent action. C. The Shakopee Van Pools are up and running as of this week. Apparently there no problems. John Neely, publisher of the Shakopee Valley News, reported: a. Editor Pat Bouley has resigned. b. The Jordan Independent "Open House" is today celebrating 100 years of continuous operation. C. The Shakopee Fire Department "Open House" is Sunday, October 7, from 1:00-4:00 p.m. d. Other miscellaneous items. Bill Streff announced that the SACS annual Marathon will be Saturday, October 6, from 8:30 -Noon helping to fund Non Public Education in Shakopee. The goal is $20,000. John Neely reviewed the goals of the Coalition. The sole purpose is to provide a means of coordination and cooperation within the community rather than the establishment of another organization. Activities that have bolstered this past year through the Coalition are Town Meetings On (,hemic;il Abuse, Town Meeting On Education, Food Shelf. Through all of this the Coalition has been able to hold regular bi-weekly meetings. Tn looking ahead: 1. We need to continue to expand participation. 2. We need to establish a regular procedure of determining leadership. 3. We need to learn better ways of serving as a coordinating agency. a. John Anderson suggested that a list of major agencies and organizations be compiled with information regarding date and times of their major fund raisers. Shakopee C.S. has a list that could be used. The City has a computer/printer that could print this list. The whole process could be expedited by holding one evening meeting/year of two or three representatives from each organization to verify correctness of the list. The Valley News also would gladly print this list perhaps once per month. b. At an opportune time revue the goals established at the Possibility Conference which gave birth to the Coalition. C. It was suggested that: 1) A major effort be made to secure representation from all missing major organizations. 2) That all representatives give reports to the organizations that they are representing on a regular basis. 3. That if a representative has to miss a meeting that he or she do their best to have a substitute in their place. The next meeting might be at the Shakopee Cable TV Studio in downtown Shakopee, corner of lst Avenue & Lewis Street. The meeting was adjourned at 8:00 a.m. Respectfully submitted, George F. Muenchow, Acting Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on September 6, 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: Commissioner Kirchmeier, Cook and Gorman. Also Manager Van Hout, Superintendent Leaveck, Liaison Wampach and Secretary Menden. Motion by Gorman, seconded by Cook that the minutes of the August 2, 1984 be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 American Casting and Mfg Corp. 759.44 A T and T Information Systems 51.86 A T and T Information Systems 35.66 Auto Central 66.78 Burmeister Electric Co. 1,386.18 C & H Carpenter Lumber 15.05 Chanhassen Lawn and Sports 121.68 Chicago and Northwestern R.R. 140.00 City of Shakopee 834.53 Clay's Printing Service, Inc. 39.95 Communication Auditors 19.31 Davies Water Equipment 581.21 Dunnings Hardware 35.29 Environmental Action Foundation 25.00 Feed -Rite Controls 769.58 Goodin Company 170.00 Graybar Electric 6,027.54 Hagen Systems, Inc. 764.20 Hennens ICO 5.75 Krass, Meyer and Walsten Chartered Law Offices 259.00 Lathrop Paint and Supply Co. 114.65 Layne Minnesota Company 63.76 Leef Bros., Inc. 16.00 Motor Parts Service 36.27 National electric, Inc. 110.00 Ted Neisen 432.00 Northern States Power co. 614.56 Northern States Power Co. 1,260.42 Northland electric Supply Co. 552.67 Northwestern Bell Telephone Co. 311.84 Reynolds Welding Supply Co. 7.53 St. Regis Paper Co. 5,144.87 Schoell and Madson, Inc. 593.90 64.00 Serco Shakopee OK Hardware 46.88 251.71 SPUC Shakopee Services 18.00 Sirek's Hydraulic Service, Inc. 1.82 Southwest Suburban Publishing, Inc. 68.30 Spuhl Anderson Machine Co. 20.00 Starks Cleaning Services 17.30 State Agency Revolving Fund 15.80 Stemmer Farm and Garden 84.00 Suel Business Equipment 99.05 Total Tool Supply Inc. 51.84 Triangle Engineering Inc. 3,285.00 Truck Utilities 42.45 Utilities Telecommunications Inc. 80.00 Valley Industrial Propane, Inc. 10.88 Lou Van Hout 86.88 Viking Industrial Center 42.31 Water Products Co. 1,728.73 Wesco 1,138.59 Ziegler Tire Service 8.00 Motion by Cook, seconded by Gorman that the bills be allowed Motion carried. and ordered paid. Representatives for the Century $quare 2nd Addition were present for the discussion on the water supply for that addition} The need for a future watermain on Gorman Street, oversizing costs and trunk water charges along with the size of service for the Tom Thumb Store were points discussed. A resolution will be drawn up with the general concensus of the points discussed for the next meeting. Mr. Ken Adolf was present to present the bids received for the Minnesota Correctional Institution watermain project. (Shakopee Public Utilities contract #84-1) The State of Minnesota has agreed to pay the construction costs with the Shakopee Public Utilities Commission paying the oversizing costs. Motion by Gorman, seconded by Cook to award the bid to Widmer $YDS., Co. for $79,442.00 for the Minnesota Correctional Institution watermain installation. Liaison Wampach gave a report on the progress of the downtown revitalization committee. The area of assessments for the project is the biggest concern at this point. A communication from the Ice Arena was acknowledged. Representatives from the Valley Ice Arena, Inc. will be invited to attend the next meeting for a discussion on the electrical charges. The watermain project on West 5th Ave. was brought up for discussion by Manager Van Hout. The proposal for a new 12" watermain on Webster St. between 5th and 6th Ave. was recommended for inclusion in the City sewer project in the same area. Motion by Cook, seconded by Gorman that the new watermain and replacement of hydrants on 5th Ave. be included in the 5th Ave. sewer project by the City of Shakopee in the amount of $19,304.06. Motion carried. Manager Van Hout informed the Commission of a tentative meeting with representatives from Northern States Power Co. on September 13, 1984 at 9:00 A.M. J J VN Jtm to W tN w t w • .. t.. L. w w t,. L. w t, k L.w w w r -tT • -" •,i. 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V1 W — NN O N —0 CO rw VI O W OO P WW V V POOW WN km 10 PW.O .COMP U/-4 P V V Woo VI ViONW WO of 000 0 -+"•VI C. -'l> • . . • . • . . . . . . . . • . •. . rn r P AA OOW V1000 VIN V OONPP W A 00 W W W W W O r f tri O V A P N P P P 01 U %.A N > ru 4 V V Nut W P N "• o N P O H N V V O O � -+ W N tl W W A Q1 as W ti• O O W O 00 V1 W W Vf ut m • • s • • • • s • • • e • • • • • • • O o p O O O O O U O p 0 o n O p 0 0 0 0 z a nn co tis0000o0 oaouaCl. on n v .. m VI W W P P P O In P N %A A •O V• ut P P W Vt A P O W '� t1 • • • • • • • • • • • • • • • • • • • m P O N N W W Y N -+ O V O V W O O O O O P P Z TENTATIVE AGENDP ADJ.REG.SESSION SHAKOPEE, MINNESOTA OCTOBER 16, 1984 Mayor Reinke presiding 1] Roll Call at 7:00 P.M. 21 Liaison Reports from Cour�cilme!nhers 31 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 41 Approval of Consent Business - (All items listed with an asterick are considered to be routine by tte 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.) *5] Approval of the Minutes of Sept. 11, 18, 25; and Oct. 2, 1984 61 Communications: 7] Public Hearings: 7:30 P.M. Request for Vacation of Utility and Roadway Easement by Linda Muhlenhardt 8] Boards and Commissions: Planning Commission: *a] Rezoning Request of City of Shakopee *b] Rezoning Request of Harmon Harrison and Brooks Superette *c] Rezoning Request of Carl Lindstrand *d] Rezoning. Request of Cletus J. Link e] Final Plat of Century Plaza Square 2nd Addition 9] Reports from Staff: -� a] Traffic Signal at CR17 and CR16 (North Junction) b] Huber I`ark Trail Observation Platform c] Landscapping for Huber Park Trail Restroom - memo on table d] Market Street Study Area e] Downtown Improvements *f] Approving Employment Agreement with Administrative Intern *g] Appointment to Board of Directors of Shakopee Community Access Corp. *h] Report on City's Compliance with Office of Revenue Sharing Handicapped Regulations Implementing Section 504 i] Change Order No. 3 for'Valley Park Drive and 12th Avenue 184-5 j] - memo on table Horizon Heights Drainage Project - Change Order No. 1 k] 11 Energy Savings for City Buildings Discussion on New Criteria for On Sale Liquor Licenses - bring 11q of m] Timber Trails Park Grading and Seeding 9/13/84 agent n] Approval of Bills in amount of $926,578.18 -- ol Report on Wm. B. Otting City Code Violations by' City Attorney , verba- p] Report on Richard Pub's Citations by City Attorney - by C. Att q] Report on Milwaukee Railroad's Offer to Sell Right -of -Way r] Report on Shakopee vs Quality Waste Control & Thomas Lee Johnson suite by City Attorney , verbal 10] Resolutions and Ordinances: *a] Res. No. 2328, Amending Personnel Policy *b] Res. No. 2325, Establishing Pay Agreement for Police Sergeants for 19 *cj Res. No. 2326, Relating to County Road Policies *d) Fes. t1,3. 23:3(3, Authorizing Purchase of RR R -O -W for Shenandoah Dr. *e] Res. No. 2324, Establishing Need for 101 Bypass and 169/101 Improve- ments � 1- j Res. No. 2323, Bc.ott,/Carver Economic Council's "Give Where You Live" Campaign 11] Other Business: a] JEJ OF (Zm'e-rSic ;�Rae�d �r'hrof' W -`�' i. b] R�Yer�v�ovtd C-rrtrr�rn�n�T /���-oma-*r'ow Doc- cuvn�xTS ce e- 12] 12] Adjourn. John K. Anderson —I -;y usssirtls tratcr TENTATIVE AGENDA Housing Authority in and for the City of Shakopee, Minnesota City Hall Council Chambers Special Session October 15, 1984 Chairman Colligan Presiding 1. Roll Call at 7:00 P.M. 2. Accept Special Call 3. Approval of the Minutes of October 2, 1984. 4. Adopt Resolution No. 84-15, A Resolution Amending Resolution 84-14 Approving and Authorizing Execution of Tax Increment Pledge Agreement. 5. Adopt Resolution No. 84-16, A Resolution Authorizing Proper HR3% Official.s t_o Execute An Agreement to Amend, Modify, end Change Previous Agreements. 6. National Development Council Training. 7. Other Business 8. Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 2, 1984 Chrm. Colligan called the meeting to order at 7:02 p.m. with Comm. Lebens, Wampach, Vierling and Leroux present. Also present were Mayor Reinke, John K. Anderson, City Admr. and Jeanne Andre, HRA Director. Julius A. Coller, II, City Attorney, arrived later. Lebens/Wampach moved to approve the minutes of September 18, 1984 as kept. Motion carried unanimously. Leroux/Vierling offered Resolution No. 84-11, A Resolution Adopting a General Fund Budget for 1985, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Leroux offered Resolution No. 84-12, A Resolution Requesting the Shakopee City Council to Consent to the Levy of A Special Tax by the Housing and Redevelopment Authority in and for the City of Shakopee, and moved its adoption. Comm. Leroux questioned the amount of the levy, asking what the maximum is allowed by Statutue, and the advisability of increasing this levy to that limit. He is considering that the levy limit may be frozen at some time. He also pointed out the potential for an increased need for consul- tant services with all the development anticipated. Leroux/Vierling moved to table Resolution No. 84-12 until further informa- tion is received later this evening. Motion carried unanimously. Vierling/Wampach moved to authorize the purchase of City property in Block 29, Lots 9 and 10, by the Shakopee Housing and Redevelopment Authority at a price of $5,150., contingent upon the City's successful completion of title registration of this property. Discussion followed regarding where this purchase fits into the budget. The HRA Director explained how hard it would be to budget an amount for these purchases, which do not occur regularly. She said she would research how a line item could be set up for real estate purchases. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Attorney arrived and took his seat at 7:15 p.m. The HRA Director explained that she is looking for some direction1as far as how aggressively and in what manner the City should seek or participate in various proposals from developers. She went over the types of projects and different approaches to attracting developers, with the pros and cons of each. She said that Dick Krier, as part of his consulting services, recommended working exclusively with a developer who is interested until the project develops or that developer is not able to complete it. Wampach/Leroux moved to request all potential developers to submit their proposals and background information in the format recommended by Dick Krier. Shakopee HRA October 2, 1984 Page 2 Chrm. Colligan asked for comments from the audience. Larry Smith, of Housing Alliance and Arvid Elness & Assoc., Architects, stated he has been working on the River Inn project, along with Gary Mclnerny, rather intensively for the last couple of months in order to develop this project with practical aspects for Shakopee, in an attempt to attract tourists downtown. He stated they have invested a lot of time and money in this project, and they are concerned about then having to compete with other developers for this project. He added an exclusive contract would allow a developer to put his resources into the project without feel there is such a risk. Mr. Gary Mclnerny added that this approach gives more control to the pro- ject, and he agrees with Mr. Smith. Crystal Ahlman said when she first started this project, no one was in- terested except Arvid Elness. She said this group has come up with a con- cept, and have changed it to reflect the changing needs. She feels it is unfair to allow others to come in now, when they had their chance earlier. She would like very much to continue to work with Arvid Elness in this development, unless they can't develop it for some reason. She thinks they are in the position to come up with a developer. Mr. Ron Maddox spoke of his conversations with Arvid Elness and staff. He sees a potential for a lot of development because of the racetrack. He suggests the City ask for a performance bond, because "Money talks and baloney walks." He would hope the City would keep the process open through the staff, so if a developer is interested, the City isn't tied to one de- veloper. However, if the City does designate exclusivity, lie would advise requiring a performance bond. He thinks that any developer who comes to the Council table with a plan will have his financial ideas intact and probably have done some preliminary market studies. Discussion followed. Motion carried with Comm. Lebens opposed. Leroux/Wampach moved to direct staff in researching developers, enter into negotiations with more than one developer at a time to secure for the City the best possible development program and proposal, but not to go out for bids. Discussion followed about timing and if a limit should be set. Comm. Leroux spoke of three different kinds of projects; 1)When a developer brings a project to the City; 2) A group comes up with a concept plan which it brings to the City to seek a developer; and 3) A City -initiated project. Ms. Ahlman said she would like to see Arvid Elness be given the first chance to find a developer and develop the River Inn project, and if they can't then it could be open to others. Leroux/Wampach moved to amend the motion that the projects currently under consideration with Housing Alliance be conducted as they have been progress- ing to date, and that staff come up with some some of policy in writing for that procedure. Shakopee HRA October 2, 1984 Page 3 Comm. Lebens stated she doesn't think it is fair to be exclusive, as there have been other developers interested in other property in town. Comm. Vierling agreed because of the potential for problems in the future. Comm. Leroux asserted that Council always has the right to reject their proposal if it is not reasonable. Motion to amend carried unanimously. Main motion as amended carried with Comm. Lebens opposed. Leroux/Wampach moved that as part of the policy staff pursue the creation of an exclusive development agreement for developer selection, and that a performance bond be made part of that agreement. Motion carried with Comm. Lebens opposed. Vierling/Wampach moved to direct staff to explore potential professional services contracts to provide technical assistance in reviewing financial data provided by developers. Motion carried unanimously. Discussion followed regarding using the same procedures for land already in City possession. Leroux/Vierling moved to remove Resolution No. 84-12 from the table. Motion carried unanimously. The Finance Director stated the City is limited to one-third of a mill to levy. He said he would be comfortable with an increase up to $25,000.00 Leroux/Lebens offered Resolution No. 84-12 with an amendment making the special tax levy $25,000.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Mr. Jim Casserly, of O'Conner & Hannan, said that a re -analysis of the fund dictated a decrease in the size of the bond. This means the City has more money to work with because the reserve fund is reduced and earnings on the bond become immediately available, rather than being retained for 15 months. Vierling/Leroux offered Resolution No. 84-13, A Resolution of the Housing and Redevelopment Authority in and for the City of Shakopee, Scott County, Minnesota, Authorizing the Issuance of $3,140,000 Aggregate Principal Amount Tax Increment Revenue Refunding Bonds, Series 1984, Dated as of October 1, 1984, and Approving the Form and Authorizing the Execution of Necessary Documents, and Superceding Resolution No. 84-10, and moved its adoption. tr„ct in, ntiirr and there will be an approximately $85,000 transfer from the 1984 refunding )ond fund to the HRA, which will eventually be transferred to the General )bligation bond fund for District No. 1. Roll Call: Ayes; Wampach, Leroux, Colligan, Vierling Noes; Lebens Motion carried. Shakopee HRA October 2, 1984 Page 4 Leroux/Vierling moved to direct the review of the trust indenture to pro- vide for the transfer of $85,000 in surplus funds in the escrow account to HRA. Motion carried with Conon. Lebens opposed. Vierling/Wampach offered Resolution No. 84-14, A Resolution Approving and Authorizing Execution of the Tax Increment Pledge Agreement, and moved its adoption, noting a change in the amount in the fourth "WHEREAS" of the Pledge Agreement, to $3,140.00. Roll Call: Ayes; Colligan, Vierling, Leroux, Wampach Noes; Lebens Motion carried. Leroux/Wampach moved to adjourn at 8:30 p.m. Motion carried unanimously. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 October 12, 1984 Housing and Redevelopment Authority in and for the City of Shakopee Shakopee, MN 55379 Chairman Dean Colligan has notified me, Jeanne Andre, Executive Director of the Shakopee HRA, that a Special Meeting of the HRA will be held at 7:00 p.m. on Monday, October 15, 1984, in the Council Chambers of the City Hall for the purpose of 1) adopting a resolution authorizing proper HRA officials to execute an agreement to amend, modify and change previous agreements, 2) adopting a resolution amending the tax increment pledge agreement and the Bond Resolution regarding the City's $2,490,000 GO Tax Increment Bonds, Series 1984A, and for any other business which may come before the HRA. I you are unable to attend at this time, please let me know. Sincerely, �y✓wc- ^ i� �'h G� 1.ze Jeanne Andre Executive Director Shakopee HRA JA:tw cc: KSMM Shakopee Valley News Z -U Cable Television h it 11 �' c2 r t , f I' r O o r C v S An Equal Opportunity Employer .2 - Extract of Minutes of Meeting of the Housing and Redevelopment Authority in and for the City of Shakopee, Scott County, Minnesota Pursuant to due call and notice thereof a meeting of the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Shakopee, Scott County, Minnesota, was held on the 15th day of October, 1984, com- mencing at o'clock .M., C.T. The following Commissioners were present: and the following were absent: The following Commissioner resolution was presented , who moved its adoption: RESOLUTION NO. 84-15 RESOLUTION AMENDING RESOLUTION NO. 84-14 AND APPROVING AND AUTHORIZING EXECUTION OF TAX INCREMENT PLEDGE AGREEMENT by WHEREAS, at the request of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority"), the City of Shakopee, Minnesota (the "City"), proposes to issue and sell its $2,490,000 General Obliqation Tax Increment Bonds, Series 1984A (the "General Obligation Bonds"), pursuant to Minnesota Statutes, Section 273.77(a), to finance certain expenditures for public improvements undertaken by the Authority within the Authority's Minnesota River Valley Housing and Redevelopment Project; WHEREAS, the Authority has issued or intends to issue its $3,140,000 Tax Increment Revenue Refunding Bonds, Series 1984, dated as of October 1, 1984 (the "Refunding Bonds"), to refund in advance of their maturities the Authority's $5,300,000 Special Obligation Tax Increment Bonds, Series 1979; WHEREAS, on October 2, 1984, the Board of Commissioners of the Authority adopted Resolution No. 84-14 authorizing the execution of a certain Tax Increment Pledge Agreement between the Authority and the City, providing a pledge of tax incre- ments from the Authority to the City for the purpose of paying the principal of and interest on the General Obligation Bonds; and WHEREAS, it is necessary to amend the aforesaid Tax Increment Pledge Agreement to clarify that the Tax Incre- ments (as defined in said Agreement) shall first be pledged to the payment of the principal of and interest on the Re- funding Bonds and shall then be pledged to the payment of the principal of and interest on the General Obligation Bonds: NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Commissioners of the. Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, as follows: 1. The Tax Increment Pledge Agreement, dated as of October 16, 1984, attached hereto and made a part hereof, being an amendment of the Tax Increment Pledge Agreement, dated as of -October 2,- 1984,- and -approvers by resoiution vL---�--` this Board adopted on October 2, 1984, is hereby approved, and the officers of the Authority are hereby authorized and directed to take such steps as may be necessary to execute said Agreement, in substantially the form as attached, upon approval and execution thereof by the City, and to carry out and fulfill the provisions and requirements thereof. 2. The above-mentioned October 2, 1984, resolution of this Board is hereby amended by this resolution. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon - 2 - vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Adopted October 15, 1984. xecutive Director Approved as to form this day of October, 1984. y Attorney - 3 - airman TAX INCREMENT PLEDGE AGREEMENT This Tax Increment Pledge Agreement (the "Agreement") is dated as of October 16, 1984; is by and between the City of Shakopee, Minnesota (the "City"), and the Housing and Rede- velopment Authority in and for the City of Shakopee, Minne- sota (the "Authority"); and provides as follows: WHEREAS, at the request of the Authority, on October 2, 1984, the City Council adopted a resolution (the "Bond Reso- lution") awarding the sale of the City's $2,490,000 General Obligation Tax Increment Bonds, Series 1984A (the "Bonds") to provide financing for certain public improvements made or to be made by the Authority within its Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project Area"); WHEREAS, the Authority has duly created its Tax Incre- ment Financing District No. 1 (the "Tax Increment District") within the Project Area; WHEREAS, the tax increments derived from the Tax Incre- ment District are pledged to the payment of the Authority's $5,300,000 Special Obligation Tax Increment Bonds, Series 1979 (the "Series 1979 Bonds"); WHEREAS, the Authority has issued o'r intends to issue its $3,140,000 Tax Increment Revenue Refunding Bonds, Series 1984 (the "Series 1984 Bonds") to refund the Series 1979 Bonds and thereby to release from the pledge to .the Series 1979 Bonds certain of the tax increments to be derived from the Tax Increment District; WHEREAS, the property legally described as Lot 1, Block 1, Valley Park 3rd Addition, Scott County, Minnesota, con- sists of approximately 100 acres which lie entirely within the Tax Increment District, and tax increments to be derived from the aforesaid legally described property shall herein- after be referred to as the Tax Increments; WHEREAS, the Authority intends to pledge the Tax Incre- ments to the payment of the principal of and interest on the Series 1984 Bonds, in accordance with and to the extent provided in a certain Indenture of Trust, dated as of October 1, 1984, between the Authority and First Trust Com- pany of Saint Paul, and then, to the extent not so pledged to the Series 1984 Bonds, to pledge remaining Tax Increments to the payment of the Bonds, as herein provided; WHEREAS, as used in this Agreement, the term "Available Tax Increments" shall mean Tax Increments which are not pledged to the payment of the principal of or interest on the Series 1984 Bonds; and WHEREAS, to provide funds sufficient for the timely payment of the debt service on the Bonds, it is necessary for the Authority and the City to enter into this Agreement: NOW, THEREFORE, in consideration of the covenants and agreements hereof between the City and the Authority, and pursuant to Minnesota Statutes, Section 273.77(a), the City and the Authority hereby recite and agree as follows: 1. The Bonds mature on February 1 in the years and amounts, and bear interest from their date, respectively, as provided in the Bond Resolution. 2. For the purpose of paying the principal of and interest on the Bonds, when due, the Authority hereby pledges to the City, for deposit in the Debt Service Account established by the Bond Resolution, and the Authority shall pay to the City, Available Tax Increments at the times and in the amounts, but not in excess of the amounts, which are sufficient to pay such principal and interest, when due. If the Tax Increments are ever insufficient for such purposes, and the City, pursuant to the Bond Resolution, advances timely payment on the Bonds from the City's funds, the Authority further agrees to reimburse the City for such advances from Available Tax Increments, when collected by the Authority. 3. An executed copy of this Agreement shall be filed with the County Auditor of Scott County, as required by Minnesota Statutes, Section 273.77(a). 4. This Agreement shall become effective upon the actual issuance and delivery of the Bonds, but the Bonds shall not be issued and delivered by the City until the Authority has issued and delivered the Series 1984 Bonds. IN WITNESS WHEREOF, the City and the Authority have caused this Agreement to be duly executed and sealed as of the day and year first above written. CITY OF SHAKOPEE, MINNESOTA By Its Mayor By Its City Administrator HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA By Its Chairman By Its Executive Director STATE OF MINNESOTA ) COUNTY OF SCOTT ) SS SHAKOPEE HRA ) I, the undersigned, being the duly qualified and acting Executive Director of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the Board of Commissioners thereof, duly called and held on October 15, 1984, with the original thereof on file in my office and I further certify the same is a full, true, and correct copy thereof, insofar as the same relates to the approval of a certain Tax Increment Pledge Agreement. WITNESS my hand as Executive Director of the Authority this day of. October, 1984. executive Director Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota - 4 - 41 - MEMO TO: Shakopee -Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: National Development Council Training DATE: October 113 1984 Introduction: I would like to attend the training offered by the National Development Council on economic development financing. Further information on the training is provided herein. Background: The National Development Council has many years of experience offering training in economic development. They have offered courses nationally, generally from their New York or St. Louis offices. Due to their excellent reputation the Minnesota Department of Energy and Economic Development has brought the training to Minnesota so that economic development personnel could be trained locally without the added expense of travel and hotel expenses. The first series was offered in the spring of 1.984, and is being repeated starting this December. It is unclear whether this opportunity will be available in the future. Shakopee is just getting to the point where we seek to work extensively with developers, and this training will be very beneficial in packaging deals which are realistic for both the City and the developer. The attached memo from Harry Rosefelt, Director of the State Economic Development Division provides further information on the training. Each session is one week long and involves extensive homework and advance reading to participate effectively. I am willing to make the time commitment and would like to attend all four sessions, spread over five months. Three hundred twenty-five dollars ($325.00) would be expended from funds available in the exist- ing HRA budget for 1984, and $975.00 would be available from the 1985 budget for the sessions next year. Requested Action: Authorize Jeanne Andre to attend four sessions of the National Development Council Training starting December 3, 1984, expend- ing $325.00 from the 1984 budget and $975.00 from the 1985 budget. JA:cah Attachment MINNESOTA rtment En ,Depa of ergy and Economic Development L� ��nuniir l�� �rinl,nirnt l�i��i,i�,n � r October 5, 1984 T0: Economic Development Professionals FROM: Harry Rosefelt, Director Economic Development Divis, SUBJECT: National Development Council Training ��. I'.�ul, �Lnur•��t•i ��1��1 612/296-5022 Financing economic development projects and programs is a critical concern to economic development professionals. Innovative economic development financing programs help communities working on the retention and expansion of healthy, growing businesses. This, in turn, creates private sector jobs and increases the tax base of communities. In response, the MN Department of Energy and Economic Development will sponsor another round of economic development training by the National Development Council. Training will LFrVX� lx-mek. nncw&,-�n -A-, 19,8,4 . The goal of the Economic Development Financing Workshops scheduled to begin in December is to provide the skills to make economic development financing a reality and to foster interaction among federal, state, and local governs •nts involved in economic develolxnent activities. The training focuses on how to do deals. Not designed just to teach financing, the sessions equip participants with the skills to make economic develogx:ent financing happen.. utilizing private sector financing techniques and technologies, the sessions complement the local and community based professional's working field experience with the academic and professional knowledge necessary to communicate with the private sector to compete for private sector investment. Week 1. E101 - Economic: Development Financing Week 2. ED201 - Business Credit Analysis Week 3. ED202 - Real Estate Financing Week 4. ED301 - Advanced Deal Structuring Only fifty slots for the training are available and will be filled as registraticns are submitted to the Economic Development Division. The training is consecutive and material presented at the first session is used in the following sessions; therefore, if you miss the second session you will not have the background to complete the balance of training. If you have already attended selected portions of this course and desire to complete the program, please check only the training you are interested in completing. Participants in the complete four week program will have first priority in attending. However, I will attempt to coordinate space for those not interested in attending the four week program. Please complete the attacher: reservation form and mail to Marlys Miller at 900 American Center Building, St. Paul, MN 55101. The last round of training filled very quickly. Please return the registration form as soon as possible to assure an opening in the program. HR:ck Enclosures AN EQUAL OPPORTUNITY EMPLOYER MINNESOTA 7)04'� Department of Energy 1,11 .1 and Economic Development F. on,)im( I)( -I,. opincnt Di%r ion 000 \I)Ici i, ,7iu ( (,11; (,1 I f.I I hC�l1,�•:� Iil,itlC,{,r,l Vit. !';ntl, Alnuicr,�t,t �-�I�il (612) 296-5022 ECONOMIC DEVELOPMENT TRAINING PROGRAM REGISTRATION SHEET Title:-- -- ----- -- - City/Firm: City: State: _— Zip: Phone Number: _(_-- COSTS: { ) Minnesota Star City $250.00 weekly fee ( } City, Local Development Corporation, Chamber of Connnerce $325.00 weekly fee ( ) Private Developncnt Organization $450.00 weekly fee ( ) I will attend the corplet.e four week program ( ) I am only interested in selected portions of the programs at this tine. (Please check the sessions you desire to attend.) ( ) Economic Development Financing Decenber 3-7, 1984 ( ) Business Credit Analysis January 21-25, 1985 ( ) Real Estate Financing March 4-8, 1985 ( ) Advanced Deal Structuring April 29 - May 3, 1985 To be assured of obtaining a slot for training, please return this form by November 5, 1984, along with a check for the appropriate weekly fee. If you are unable to remit a check immediately, please include with the registration form a letter from your executive director stating when the registration fee could be expected. Please remit to Marlys Miller at the address noted above. Upon receipt of your registration, you will be contacted with further instructions. AN EQUAL OPPORTUNITY EMPLOYER NDC COURSE SUMMART ED 101 - ECONOMIC DEVF.I..OPMZNT FINANCING (5 days) Outlines end describes the components of a locally controlled and directed, self-sustaining economic development system and equips a local economic development professional with the "nuts and bolts" knowledge and skills of how to establish a pubticlprivate sector partnership to initiate an aggressive marketing program, to screen, analyze, structure, and package investment pro-onsals, to enlist the commitment and support of the private sector lenders, to utilize the Federal tax incentives and ioan programs and to properly set performance goals, monitor progress and identity problems. PEEREQULSrM- NONE ED 201 - BDSTNF' Z CREDIT ANALYSIS (5 days) An extensive bank credit course focusing on the analysis of the balance sheet, profit and loss, and cash flow statements. By the end of the course the participants will be able to identify financing problems, correctly interpret trends, determine cash flour available for debt se. -vice, calculate the necessary level of working capital to sustain growth, and analyze the impact of financing and growth on the company's ability to survive. The participants will analyze their own live projects and develop the skills to present a proposal to a lender or investor. PEEB.EQUMrTE_ ED 101 or Basic Accounting ED 202 - HBAL ESTATE FINANCING (5 days) Investigates financing from an insurance company's or savings end loan association's point of view. Each participant will learn how to determine property value based upon the appraisal process, and to analyze, construct, and restructure live underwriting proposals usng conventional, income participation, subordinate financing, syndication, and joint venture underwriting techniques. In addition, the students will critique and restructure developers' submissions, investment and calculations of return on investment and structure limited partnership syndications. PREREQUIS17M 101, 201 Recommended ED 301 - ADVANCED DEAL STRUCTURING (5 days) Attention will be focused on how. to utilize public and private sector financing tools and ti -x incentives to maximize the benefits offered to businesses creating jobs wiLe maximizing the return to the public sector. Teams of students will compete with one another to attract live prospects to their "communities" utilizing HUD CDBG and UDAG loafs; SBA 503, 502 and 7(a) loans; and equity capital, quasi -equity and private sector iyndication as financing tools. PREBEQUISLTE: 101, 201, 202 and 301 N OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 11, 1984 Mayor Reinke called the meeting to order at 8:05 p.m. with Cncl. Colligan, Vierling, Wampach, Leroux and Lebens present. Also present were John K. Anderson, City Admr. and Jeanne Andre, Community Development Director. Leroux/Wampach moved to grant the request by Prahm-Coll to extend the September 14, 1984 deadline on resolving the drainage requirements 10 days for discussion at the September 18, 1984 City Council meeting. Motion carried unanimously. Mayor Reinke asked if anyone in the audience wished to address the Council on any item not on the agenda, and there was no response. The Comm. Develop. Dir, addressed the concerns of'the Industrial/Commercial Commission (ICC) and the Planning Commission relative to the proposed Downtown Revitalization Project. She said the ICC.was concerned that the intersection of Sommerville and Spencer, where the mini by-pass would com- mence, not block visibility of the downtown area. She pointed out that location on the map and stated that the geometric study clarifies that the intersection would be at a rising elevation so incoming traffic can easily view the shopping opportunities downtown. The Comm. Develop. Dir. said both the ICC and Planning Commission thought the design standards should be incorporated in ordinance form. The ICC would like to look further at a PUD concept for downtown. The Planning Commission requested a resolution of zoning and land use issues, but had no problem endorsing the plan pending this resolution. The Comm. Develop. Dir, stated staff recommends adoption of the Downtown Revitalization Plan, subject to the recommendations of the ICC and Planning Commission, and to direct the Downtown Committee to work further on these issues and to identify projects to implement the planning over a number of years. Mayor Reinke asked to first hear from people who have not spoken to the various issues previously. Mr. Bill Scarborough stated he is one of the partners who own the property where Cactus Jack is located. He said he thinks this plan is well done, -and is a most effective way to move the traffic. He said they are very excited about it and want to try to work with the other property owners on that block to come up with something workable for all. Mr. Larry Smith, representing the Housing Alliance and Arvid Ellness Archi- tects, said he has been working with staff on a number of projects. He sees this plan as a very favorable one, which represents a vote of confidence by the City and City Council in planning for the future and encouraging others to come to the community and develop projects. He thanked the City for the consideration he has received, and hopes the Council finds the plan favorable. Gail Anderson, owner of the former Auto Plaza building, said she thinks there are many good things about the plan and she is very interested in promoting the downtown and improving it. She is concerned about the traffic pattern. She said from the drawings it appears the existing road would be cut off, but her building would still remain. She is concerned about the adverse af- fect this would have on her building, and also on Jim and Lucy's. She would like to ask for some consideration for leaving that street open in front of her building. The Comm. Develop. Dir, responded that this parcel has been identified for potential acquisition for the turning movement, but that is uncertain until MnDOT is more involved in the details. She went over the procedure the City would follow if the property is acquired, including re -location expenses that would be met by the City. She said if the building did remain, every consideration would be made to keep access on that road. She stressed that adoption of this plan does not substitute for a formal hearing regarding changes to the parcel, and there would have to be some consideration and benefit for the parties that remain. Shakopee City Council •� September 11, 1984 Page -3 Leroux/Vierling moved to adopt the Downtown Revitalization Final Report and Addendum No. 1, as presented by the Downtown Committee, and direct staff to follow up on concerns identified by the ICC and Planning Commis- sion and citizens, and work to identify projects for implementation, and also to direct staff and the Downtown Committee to prepare a projected schedule of developments. Cncl. Vierling expressed her agreement with Mr. Schroers regarding some type of advertising billboard for the downtown businesses, which would be lit, to be visible from the mini by-pass. Cncl. Colligan stressed his strong contention that there should be a definite commitment from the down- town businesses to participate in this plan. Cncl. Lebens stated she will be voting against this plan because she doesn't feel at this time the business people were given a clear choice in making this decision. She feels the questionaire presented to the ICC should have been the one the downtown businesses should have answered. Vierling/Leroux moved to amend the motion to include an advertising billboard listing the downtown businesses, which would be lit and conform to downtown design criteria, as one of the initial projects in the downtown revitaliza- tion project. Motion to amend carried unanimously. Roll Call on main motion as amended: Ayes; Wampach, Leroux, Vierling, Reinke, Colligan Noes; Lebens Motion carried. Gail Anderson spoke of the development of Riverplace, where there exists a combination of high density residential and commercial. She thinks there could be the same type of development, on a smaller scale, in Shakopee along the river. She would ask for as much consideration as possible given to high density multiple dwellings, which help the businesses downtown. Leroux/Lebens moved for a five minute recess at 9:04 p.m. Motion carried unanimously. Colligan/Vierling moved to re -convene at 9:22 p.m. Motion carried unanimously. Vierling/ Colligan moved to authorize the purchase of a used electric mixer for the High Rise kitchen for $1,200.00 from General Fund Contingencies. Roll Call: Ayes; Unanimous Noes;None Motion carried. The City Engineer distributed the Capital Improvement Plan. The City Admr. said there is a meeting planned with the County Engineer to talk about the County projects that affect the City, and those results will be received before this plan is finalized. The City Admr. read over the projects and clarified some of them. There was some brief discussion about a few of the projects. The City Admr, said he would like more discussion either at the next City Council meeting, or a work session. The City Admr. said he has been approached about being nominated for Chair- man of the Chamber, and would like comments from the Council. He said he is already on the Board. Consensus was for him not to pursue that, as the City has enough going on to keep him busy. The Community Develop. Director said the Planning Commission has been dis- cussing the B-2 study area. They are generally in favor of decreasing the lot size in the B-2. There is a public hearing set for September 20, 1984 to look at the definition and boundary of the B-2, the recommendations from which will be forwarded to the City Council for the September 25, 1984 meet- ing. Staff is seeking a legal opinion as to whether or not the ad will be sufficient for both meetings. If a separate ad has to go in later, it will really affect the timing of the actions. Considerable discussion ensued regarding the significance of various zoning actions that could be taken. The City Engineer outlined a modification of the zoning that was proposed to Planning Commission to facilitate one project, while still allowing some flexibility with the rest of the zoning. Shakopee City Council September 11, 1984 Page 4 The City Admr. said staff could work with some of these alternatives and review them with the City Attorney, but in case one of the alternatives needs the public hearing, he would like to put the ad in to cover the City. Consensus was to make sure the physical alignment of CR16 and CR17 is in- cluded in the study. Wampach/Leroux moved to direct staff to contact the Public Works Director and City Engineer to talk to Mr. Dellwo about the problem of the grade at 2nd and Pierce, and make a recommendation to Council regarding it. Motion carried unanimously. Leroux/Wampach moved to adjourn to 7:00 p.m. September 18, 1984. Motion carried unanimously. Meeting adjourned at 9:52 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary ;t - OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 18, 1984 Mayor Reinke called the meeting to order at 7:06 p.m. with Cncl. Wampach, Lebens, Vierling, Leroux and Colligan present. Also present were Rod Krass, Ass't City Attorney; John K. Anderson, City Admr.; Judith S. Cox, City Clerk and Jeanne Andre, Comm. Develop. Director/HRA Director. Wampach/Vierling moved to recess for an HRA meeting. Motion carried unanimously. Wampach/Leroux moved to re -convene at 7:27 p.m. Motion carried unanimously. Liaison reports were given by Councilmembers. Cnel. Lebens reported on a complaint she received that a person was told he would not be able to ride the Shakopee Area Transit van to the U of M. The City Admr. said there could be a variety of reasons for that, and asked her to have him call the City Planner and he would follow it up. 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. Leroux/Colligan moved to approve the minutes of August 28, 1984 as kept. Motion carried with Cncl. Vierling abstaining because of her absence at that meeting. Colligan/Leroux moved to approve the minutes of September 4, 1984 and Septem- ber 5, 1984 as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Leroux moved to receive and file the letter from the Metropolitan Waste Control Commission dated September 10, 1984 regarding the proposed septage management program. Motion carried unanimously. The City Admr. mentioned the letter of resignation from Joseph Perusich, and said lie has asked him to continue to serve on the Planning Commission at least until October 1, 1984 to maintain continuity on several pending issues, and Mr. Perucich agreed. Leroux/Wampach moved to accept, with regrets, the resignation of Joseph Perusich from the Planning Commission, effective October 1, 1984. Motion carried unanimously. Colligan/Vierling offered Resolution No. 2302, A Resolution of Appreciation to Joseph Perusich, and moved its adoption. The City Admr. read the resolu- tion. Motion carried unanimously. Mr. Virgil Mears, of the Scott -Carver Economic Council, addressed the Council regarding their search for a building which could consolidate all of the SCEC's acitivities in one location. He said their operation encompasses the Thrift Shop in the Eagle Creek Town Hall, Head Start at Marystown, general offices in Carver and a food shell in Shakopee. They are now interested in the the Minnegasco building. He went over the requirements that would be necessary, as far as parking and a tot lot area. Discussion ensued regarding screening and fencing and impact on the Library of the tot lot. It was also clarified that the alley has not been vacated. The City Admr. said the SCEC has been advised of the possibility of the proposed assessments for the downtown development. He also pointed out the traffic and activity generated by this operation, which is helpful to the downtown area. Leroux/Wampach moved to direct the appropriate City staff to draft a 10 year $1 lease agreement with the Scott -Carver Economic Council for use of the abandoned railroad property lying between the Library and the Minn-gasco building, presently owned by the City, for parking with appropriate require- ments for improvements, maintenance and with the option for first right of refusal on the purchase of the land, and to include in the Agreement a stipu- lation for payment for any assessment by the Scott -Carver Economic Council. Shakopee City Council September 18,1984 Page 2 The Comm. Develop. Dir. suggested leaving the decision on whether or not to vacate the alley for further research and consideration. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Leroux moved to direct the appropriate City staff to draft a 10 year lease agreement with the Scott -Carver Economic Council for space on Library property for a Head Start playground, which would include appro- priate screening on the west side and keep the program private, and to discuss the proposal with the Library staff. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Planner went over the proposed change recommended by Planning Commission to make Commercial Recreation a conditional use in a I-2 Dis- trict. She related the ICC recommendation of separate definitions for major and minor Commercial Recreation uses, mainly to allow Valleyfair and the Racetrack to continue to be permitted uses. The Ass't City Attorney said it is his opinion that the City cannot make an existing permitted use a conditional use, such as Valleyfair. This would apply to the parcel they are now utilizing, at least partially. Any additional acquisition could be a conditional use if the City changed the definition before acquisition took place. He doesn't believe the City can take anything they have now away from them. He added this would apply to the Racetrack the same way, because although they are not in operation yet, they have already been approved as a proposed use. Mayor Reinke asked if there was anyone in the audience who wished to comment on this matter. Gary Eastlund, representing the ICC, said their concern was not to create a hardship for the Racetrack and Valleyfair in terms of time and expense involved in conditional use permits. He expanded on their idea of a re- classification of large and small facilities, with large ones permitted and smaller ones conditional. Discussion followed. Leroux/Vierling moved to concur with the ICC recommendation regarding the specification of land usage as to major and minor commercial recreation facilities in an I-2 or B-1 zone. Mayor Reinke pointed out these uses would still be conditional in an I-1 zone. Further clarification was for 150 acres or more to be a permitted use, under 150 acres to be conditional, with a percentage of the parcel being developed for this purpose. Motion carried unanimously. Mr. Walt Whitmore, of Valleyfair, said he would be happy to work with staff to help draft language, including questions of insurance coverage. The City Planner explained that the performance standard regarding acceptable building meterials applies only to that portion of a building facing a public road or places of public assembly. Mayor Reinke asked if there were comments on this item, and there was no response. Leroux/Vierling moved to concur with Planning Commission's recommendation regarding acceptable building materials: a) All portions of multiple resi- dential, 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 main- tenance, quality building materials; b) 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 .teel. Mr. Eastlund said that from the -ICC's point of view the main intent is to make the visible portion of a building attractive, and they felt there are a number of ways this can be accomplished with a variety of materials, in- cluding steel. He said there are a number of materials and language that Shakopee City Council September 18, 1984 Page 3 could be included in the code to further define acceptable types of materials. The City Planner replied that all the different types of materials and pro- duct names and generic names change through the years, and could be quickly out of date if included. Mr. Kevin O'Brien, of Danny's Construction, said he thinks this singles out steel as an unacceptable building material, which is unfair. It can be a very attractive building. He mentioned several in the City that are steel buildings which look very nice, where the steel is used in an aestetically pleasing way. He thinks it is a question of design, not pro- duct. He said there are national steel associations that could help in further defining acceptable steel products as far as type, gauge, fade factors, or combinations required. He said he has submitted examples that are not cumbersome. He added to have to go through a variance procedure every time they want to erect a steel building is very costly and time- consuming. He is willing to work with staff to further define quality steel products. Cncl. Leroux replied that the intent was to rely on commonly used and accepted facade materials. He admitted there are beautiful metal build- ings, but at this time they are the exception, rather than the rule. To attempt to further define materials that are acceptable would be very sub- jective, and the City doesn't want to end up with quonset huts and steel pole barns. Nr. Eastlund said lie doesn't think the ICC and City are that far apart on what they want to accept, and tie would like to continue to work on compro- mise language for steel that would be aestetically pleasing. Mr. Robert Davis, of Danny's Construction, said if the City wants to get into the issue of design controls, it should openly admit it, rather than picking on steel as unacceptable. He doesn't think this will automatically upgrade the value of property in Shakopee. Further discussion continued. Motion carried with Cncl. Colligan opposed. The City Planner clarified that the issue of parking setbacks applies only to the front yard setback, not side or rear yards. She went over the recom- mendations of the Planning Commission and ICC. Mayor Reinke asked if there were any comments, and there was no response. Lebens/Vierling moved to concur with the Planning Commission's recommenda- tion to keep the proposed language which requires a fifteen foot setback when parking occurs in the front yard. Mr. Eastlund explained that the ICC was concerned with the previously platted lots which did not take into account a 15 foot setback. He thought the additional 10 foot of setback might limit the size of the building on these parcels. Cncl. Leroux suggested it would be easy to get a variance on the parking square foot ratio. He added it is not the intent to reduce the usable area of the lot for a building, but to improve the appearance of parking lots as traffic passes by. Motion carried unanimously. The City Planner reported that at the joint workshop attended by Planning Commission, ICC, City staff and developers, there was no objection to the landscaping requirement making the requirement of planting trees every 50 feet along public boulevards retroactive for existing uses. Mr. Eastlund responded that the ICC's concern is the financial burden of forcing businesses with a lot of frontage to plant all these trees. He added that as a representative of the industrial park, he has no problem with the requirement. Discussion followed regarding the intent and a clarification of the language to allow the early planting of smaller trees now, so that in 5 years they would be of the required size with less expense. Shakopee City Council September 18, 1984 Page 4 Leroux/Colligan moved to accept the Planning Commission recommendation regarding the requirement for existing uses to comply with the tree plant- ing, with the clarification that a tree planted will mature to a 2�" diameter within the 5 year period. Motion carried unanimously. The City Planner explained that the Planning Commission's recommendation regarding screening of parked cars in front yards could include a variety of screening methods and materials, as long as they minimally screened the height of the car headlights. Mr. Eastlund said the ICC concern is that the way it is written now, all a developer will have to do is erect a berm along the entire frontage, with the required trees, which he doesn't feel is aestetically pleasing. He is looking for something more to make the frontage attractive. He said he really doesn't understand the concern with screening with parcels that don't abut residential areas. The City Admr. explained that the concern is that these roads in the industrial area will be viewed by a million people on the way to the Racetrack, which will be their impression of Shakopee. He offered a compromise for language specifying a mix of landscaping materials be used. Vierling/Leroux moved to concur with Planning Commission's recommendations, with the addition of the language requiring a mix of screening with 60% at 3 feet in height and 40% above 3 feet. Leroux/Lebens moved to amend the motion to add that the 60%-40% split be split between screening materials. Dir. Whitmore, of Valleyfair, asked how this would affect his parking lot, which is depressed from the road. It was pointed out that this requirement is not retroactive, and would only apply to any expanded parking lot. Mr. Eastlund asked if this would apply to the parking lot on Valley Indus- trial Blvd. South, which is already 4-6 feet above the road. He was told it would apply. Motion to amend carried unanimously. Main motion as amended carried unanimously. The Ass't City Attorney stated that the petition submitted by Linda Muhlenhardt for the vacation of utility and roadway easement is complicated by the fact that she has also brought suit against the City. However, he is confident the suit will be dismissed and therefore he recommends setting the public hearing on the vacation. Colligan/Leroux offered Resolution No. 2301, A Resolution Initiating the Vacation of Part of an Easement for Public Utilities and Roadway Purposes Located Within the NW 14 of the NW 14 of Section 24-115-22, Scott County, Minnesota, and moved its adoption. Mayor Reinke asked if there were any comments from the audience, and there were none. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Attorney arrived and took his seat at 9:15 p.m. The City Planner explained that the Ass't City Attorney said there is no need to amend the ordinance regarding the length of the cul de sac serving the Racetrack (Shenandoah Drive), because the road is not a part of the plat and therefore the subdivision ordinance does not apply. Vierling/Wampach moved to deny the amendment to the Subdivision Ordinance to allow for roads that terminate at regional facilities to exceed the maximum cul-de-sac length. Motion carried unanimously. Wampach/Leroux moved for a five minute recess at 9:18 p.m. Motion carried unanimously. Wampach/Lebens moved to re -convene at 9:25 p.m. Motion carried unanimously. Shakopee City Council September 18, 1984 Page 5 Mr. Larry Smith, representing the Housing Alliance and Arvid Ellness Architects, said the Housing Alliance has been acting as a facilitator for a concept plan for a proposed River Inn along Bluff Avenue. Gary Maccaferri said that he is the construction manager and he would like to help select a developer and help build these projects with local contractors. Rosemary Deneen, of the Housing Alliance, said she was originally ap- proached by Doris Dunlap, one of the property owners in this area, in the hopes of locating a senior home there. Their subsequent survey re- vealed that people would rather live on the south side of the highway, but she pursued the idea of a development here. She stressed that this is just a concept plan, and they would like to work with local builders and developers to implement it. Mr. Smith said the plan has been a revolving idea that reflects the con- cerns of the Downtown Committee, City staff, City Council and the neighbor- hood. He explained this plan proposes to take advantage of the untapped resource of the river. He made a further presentation of the concept plan with all its elements and possibilities. Mr. Smith said at this point they are looking for feedback from the City, before proceeding further to search for a developer. He said they have 2 or 3 developers that are interested in the project. He said it is a very complicated project that could take 8 years to complete, because of the various agencies that have to be involved with the river. They would like to work with the City to bring a qualified developer and give him an exclu- sive to proceed with the project. Gary Laurent, Chairman of the Downtown Committee, said they are very en- thusiastic about this concept. He said they would have liked to have it located within the downtown area, however they are satisfied that because of the flood plain, it couldn't be located closer. They do want every effort made to connect it to the downtown, so both areas can benefit. The Comm. Develop. Dir. pointed out that this proposed development is within the redevelopment district, so funds from within this district could be used for this project. She said the zoning is not completely compatible, as some of it is R-3, and there may be some property owners affected who are not in favor of the concept. Discussion followed regarding the use of the City's eminent domain powers, which can only be used for a public purpose. Leroux/Vierling moved to agree with the concept of the River Inn Project as presented tonight. The City Admr. said he will be bringing garding the selection of a developer and developers. Discussion continued. Motion carried unanimously. back to Council pros and cons re - to what extent the City works with Lt. Hamilton addressed the Council regarding his proposition that the City take over the responsibility of installing and removing the flags placed on the light poles for national holidays. This is a job the Legion and VFW have always done in the past, but he is concerned about the safety factor as they are not equipped with proper equipment to reach the poles. He said it takes about 'z hr. to put up and 2 hr. to take down the flags. Discussion followed regarding having volunteers from the Fire Dept. or SPUC take care of it. Colligan/Leroux moved to direct City staff to have a City vehicle with City staff placing and removing the American flag for national holidays, with the flags to be provided and made available by the VFW and Legion. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council September 18, 1984 Page 6 Elmer Prahm addressed Council regarding the drainage requirements for Prahm- Coll 1st Addition. He said he doesn't think it is necessary to construct a berm as the City requires, because they have 60 feet of trees on 4th Ave. and 130 feet of trees on the west property line and the water seldom gets to them. He said with all the rain, there has been no problem with water. He feels the trees and undergrowth are sufficient to hold the water. He said it would be difficult to even construct this berm in the trees. The soil is so sandy, the rain disappears. The City Engineer and City Admr. discussed with Mr. Prahm the background of the City's drainage requirements and why it requires the hiring of an engineer. They know the condition of the soil in the industrial park, but the standard is the same throughout the City. Cncl. Colligan excused himself from the table, to address the Council as one of the developers of Prahm-Coll. Mr. Colligan explained how they moved the location of the building to keep as many trees as possible for screening, as that was a great concern of Council. He said the area is draining well even with all the rain received, and it just doesn't seem necessary to construct this additional berm. Mayor Reinke pointed out that the requirements were known at the time the plat was submitted. He added that often there is no problem at this time, but in the spring when the frost isn't out and rains are received, there could be a problem with drainage. The City Engineer pointed out that it was their own engineer who came up with this solution to the drainage, not the City. Mr. Prahm stated he disagrees with his engineer's design, but that it was his interpretation of what the City Engineer required. He said he would do whatever the Council decided was necessary, but he doesn't think the City helps developers in any way. Mr. Colligan said there main concern is they don't want to destroy any trees that might be needed later, and the drainage requirements seem to be more than is necessary. Further discussion followed. Vierling/Leroux moved to extend the deadline for drainage completion one month to November 9, 1984 to allow the developer time to get back with his engineer for an alternate drainage plan to be approved by the City Engineer, or completion of this drainage plan. Motion carried with Cncl. Colligan abstaining because of a conflict of interest. Colligan/Leroux moved to authorize the sale of City property in Block 29, Lots 9 and 10, to the Shakopee Housing and Redevelopment Authority at a price of $5,150.00, contingent upon the successful completion of title registration of this property. Roll Call: Ayes; Unanimous Noes;None Motion carried. Leroux/Vierling moved to leave the penalty fee intact regarding double fees for building permits. Motion carried with Cncl. Wampach opposed. The Building Official further explained the information he received regard- ing a heating unit at the Police Station. Vierling/Leroux moved to authorize staff to advertise for bids for the in- stallation of a new HV/AC system for the Police Station. Roll Call: Ayes; Unanimous Noes; None Motion carried. Jon Parker, of the DN1Z, elaborated on his letter regarding the proposed purchase by the DNR of 230 acres of land in Scott and Carver Counties, about 100 acres of which is in Shakopee city limits. He discussed possibilities for public hunting, restrictions which could be imposed, and the desire for a long term agreement with the City. He said he would not expect any prob- lems with the proximity of population and mentioned several other areas where people are closer to their hunting areas, with no problems. They would like to utilize shotgun slugs for deer control, and no rifles. Ed Trojer, of Refuge Management, said there is an over -population of deer in the xea, which is causing problems. He said this is an opportunity to use Fish and Wildlife funds to purchase some land that is necessary to com- plete the trail system. The City Admr. explained the City's proposed plans to widen the bridge, and asked for assurances in return that the DNR would cooperate in that effort. Mr. Parker said they have received a lot of cooperation from the Highway Dept. Shakopee City Council September 18, 1984 Page 7 for putting trails across. bridges, and he would anticipate the DNR would cooperate with the City's efforts. He pointed out that any land taken is subject to the Federal requirement to replace equal habitat value. Leroux/Colligan moved to endorse the DNR's acquisition of a portion of the Minnesota River Valley as outlined in their map attached to their Sept. 11, 1984 letter, and direct staff to draft an agreement with the DNR which would accomodate hunting in this area within the requirements set forth in Shako- pee City Code Section 10.120, Subd. 4, and which would secure a commitment from the DNR to support the City's efforts to widen Highway 169 to make highway improvements and support our marine proposal in conjunction with our Downtown Plan. Motion carried unanimously. Alan Held, of Oxboro Redevelopment Company, said they are interested in a ton, and would like to use Shakopee's redevelopment in downtown Blooming remaining IDB entitlement for 1984. He went over the terms of a proposed agreement between Shakopee and Bloomington which would accomplish this. He said many cities are doing this entitlement sharing. The City Admr. said if the City has a developer who wished to use that entitlement. before the end of the year, the Shakopee developer will have precedence. Colligan/Wampach moved to approve the request of Oxboro Redevelopment Co. for usage of $1,969,000 of Shakopee's IDB entitlement for 1984, and authorize the appropriate City officials to negotiate the appropriate joint powers agreement to implement the program with the City of Bloomington. Motion carried with Cncl. Lebens opposed. Leroux/Vierling moved to authorize a budget revision using funds budgeted by the Engineering Dept for a graphic arts projector to purchase a cypher streaming tape back-up unit from Office Products of Minnesota for $1400.00, plus cost of minor modification to the Stearns Computer to accomodate the unit. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to authorize the purchase of replacement carpeting at the cost of $2688.00 from Fonder Carpeting, Inc., for replacement of Police Dept. carpet. Roll Call: Ayes; Unanimous Noes;None Motion carried. Mayor Reinke said that Minneapolis doesn't even have ID card processing equipment, and he doesn't think it necessary for Shakopee to purchase identification card processing equipment. Leroux/Vierling moved to refer back to staff the request for the purchase of identification card processing equipment, with a recommendation to use a private vendor. Motion carried unanimously. Colligan/Wampach moved that bills in the amount of $473,935.72 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes;None Motion carried. Leroux/Vierling offered Resolution No. 2303, A Resolution Accepting Bid on Street Construction of Shenandoah Drive from State Trunk Highway 101 to a Point 1400 feet South of 4th Avenue, Shakopee, Minnesota, and moved Its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Colligan, Vierling, Wampach, Reinke, Leroux Noes; Lebens Motion carried. Vierling/Wampach moved to authorize proper City officials to award the contract for CR83 improvements to C.S. McCrossan, Inc, Box AD, Osseo, Minn., 55369, in the amount of $162,713.75. Roll Call: Ayes; Wampach, Reinke, Vierling, Leroux, Colligan Noes; Lebens Motion carried. Colligan/Leroux moved to authorize proper City officials to award the con- tract for T.H. 101 intersection improvements to C.S. McCrossen, Inc., Box AD, Osseo, Minn. 55369, in the amount of $358,830.16. Roll Call: Ayes; Leroux, Wampach, Reinke, Vierling, Colligan Noes; Lebens Motion carried. Shakopee City Council September 18, 1984 Page 8 Colligan/Vierling moved to direct City staff to retain the second low bid on all of the projects until contract agreements have been executed. Motion carried unanimously. Leroux/Colligan moved to authorize proper City officials to execute Change Order No. 1 and Change Order No. 2 for Valley Park Drive and 12th Avenue, Project No. 1984-5, for a total increase of $14,974.90. Roll Call: Ayes; Unanimous Noes; None Motion carried. The Finance Director said Mr. Chard wants to pay off all special assessments on Eastview Addition. He said the park dedication fees are being collected with all building permits. This action is necessary to get the County books cleared. Colligan/Wampach offered Resolution No. 2307, A Resolution Abating Special Assessments for Eastview Addition, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to authorize the appropriate City officials to execute an Agreement between the City of Shakopee and the Minnesota Racetrack, Inc. to insure compliance with the requirement= set forth in the Indirect Source Permit 484-3 (ISP) for the Shakopee Racetrack (construction of streets). Motion carried unanimously: The City Attorney said the Shakopee Police were called to Eaglewood Circle where an over -loaded garbage truck had broken through the toad on Friday, April 13, 1984. He explained the actions that had taken place since then with the insurance company and the garbage company, and said he is not get- ting a satisfactory response, and would like authorization to institute suit. Leroux/Wampach moved to authorize the City Attorney to institute a lawsuit against Quality Waste Control, Thomas Lee Johnson and John Trulson for damages to Eaglewood Circle in the amount of $3,088.63. Motion carried unanimously. The City Engineer explained the negotiations taking place in the right-of- way acquisition for Shenandoah Drive and stated the City and the property owner are close in agreeing to a value. He is requesting that the Ass't City Attorney be given authority to further negotiate to reach a reasonable value in accordance with right-of-way acquisition laws. Vierling/Lebens moved to give authority to the Ass't City Attorney to nego- tiate with the property owner for the right-of-way acquisition necessary for Shenandoah Drive. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to adjourn to 7:00 p.m. September 25, 1984. Motion carried unanimously. Meeting adjourned at 11.:58 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary I OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 25, 1984 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Colligan, Wampach, Vierling and Leroux present. Cncl. Lebens was absent. Also present were John K. Anderson, City Admr.; Judith S. Cox, City Clerk; Judi Simac, City Planner and Julius A. Coller, II, City Attorney, who arrived later. Mayor Reinke asked if there was anyone present who wished to address the Council on any item not on the agenda, and there was no response. Liaison reports were given by Councilmembers. The City Planner went over the changes recommended by the Planning Commis- sion with regard to the text of the B-2 zoning district. Cncl. Colligan initiated discussion regarding the setback requirements, which he felt were too extensive and represented a great expense to the developer. The City Planner responded that the setback area can be used for parking, with the exception of the 15 foot design standard for front yard parking, and the required amount is for future expansion of the streets. The City Admr. added that safety considerations are also a factor in re- quiring setbacks. He said these setbacks are pretty standard and required for most communities. Discussion continued. Mayor Reinke asked if there were any comments from the audience, and there were Mune. Culligan/Vierl.ing offered Ordinance No. 150, An Ordinance That Amends Sec. 11.30 of the City Code, and moved its adoption. The City Admr. summarized the ordinance. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Planner reviewed the changes recommended by Planning Commission to the zoning district itself in the area of the B-2 Zone. She pointed out the 8 different alternatives that were used for discussion purposes by the Planning Commission, representing alternatives for re -zoning the area. She explained why only a portion of the Lindstrand property was recommended to be re -zoned, and the charge that was issued to staff to further research the large R-4 area and explore a Planned Unit Development concept. She also went over the original three alternatives presented by the consulting planner, John Shardlow, after his study of the B-2 area. Cncl. Leroux expressed his concern about the apartment complex on the west side of CR17, which is a non -conforming use, which would not be able to add garages or re -build if a fire destroyed the majority of it. He did not want this to become a financial hardship for the owner. Mr. Bruce Malkerson offered his opinion that it is possible to give a variance to that provision of the code that says a non -conforming use can be established (by a garage), which is different than giving a use variance. Mr. Clete Link, who developed the apartment complex, said it would be hard to expand that parcel, and there is presently one garage and one parking space per unit. Leroux/Wampach offered Ordinance No. 151, An Ordinance That Amends Sec. 11.21 of the City Code, and moved its adoption, with the legal descriptions to be reviewed by the City Attorney. The City Admr. summarized the ordinance. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Engineer stated that if the developer of Century Plaza Square 2nd Add'n chooses to dedicate an additional 10 feet on both sides of CR17, then the removal of the existing curb cuts along CR17 would not be required. The City Planner pointed out that the additional 10 feet was recommended by the City, County and Planning Commission. The City Engineer pointed out the additional turn lanes may not be developed for some time, or not at all, and therefore they are not required of the developer at this time. 1 Shakopee City Council September 25, 1984 Page 2 Considerable discussion ensued would be advisable on CR17, the possibility of common easements fic on CR17. regarding the number of curb cuts that feasibility of internal frontage roads, and the requirement of not hindering traf- The City Planner reported that the alignment of the intersection of CR16 and CR17 was discussed with the County Highway Engineer, who declined to undertake a study of that intersection. However, he did recommend re- quiring an additional 17 feet of dedication on the northeast corner. He indicated that for intersection improvements, dedication would be required of Brook's Superette. The City Attorney arrived and took his seat at 8:00 p.m. The City Engineer clarified that the County Engineer felt there was not enough factual information demonstrating that the intersection is a danger. The other alternative suggested by Scott County was the vacation of Gorman Street and the realignment of the intersection. Discussion followed on the pros and cons of a vacation of Gorman Street and various configurations. Mr. Link, the developer, stated that he really has no problem with the con- ditions, although he has mixed feelings about the additional. 10 foot dedi- cation on both sides of CR17. He said they put in that street, are still paying for it and if an additional 10 feet were taken curb and gutter work would have to be done, which is expensive. Mayor Reinke replied that the City has an obligation to make sure the traf- fic runs smoothly and safely on CR17. He pointed out that the developer could do certain things on his parcel to mitigate the possibility of turn lanes being installed. Mr. Link responded that lie wouldn't think lie would be able to get by with just two curb cuts on each side, and that would be too long of a distance to carry traffic internally. The City Admr. suggested further discussions between the developer and the County Engineer, who is making the requirements regarding CR17, and if the 10 foot dedication was not required it could be vacated. Mr. Link stated that if he has to give up 10 feet on both sides, the City should compensate him for it. He contends that if the City were to widen Ctt17 and had to take additional land from 1st Avenue to 4th Avenue, along CR17, It would have to pay for that land and install new curb and gutter. Discussion continued. Colligan/Wampach moved to approve the Preliminary Plat of Century Plaza Square 2nd Addition, with the inclusion of: the additional 10 foot dedica- tion requirement and the deletion.of the removal of existing curb cuts. The City Planner stated the developer wanted to point out the sidewalk variance recommended by Planning Commission and also to point out that there will probably be a variance needed for Lot 1, Block 1 for lot area because of the setbacks. The City Planner stated that lot will still be one acre, and therefore, it would not need to be dealt with at this time. Mavor Reinke asked if there were any conmients from the audience, and there was no response. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling offered Resolution No. 2308, A Resolution Approving the Final Plat of Century Plaza Square 2nd Addition. The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes;None Motion carried. Mr. Jerry Hertel said he was told it will take weeks to get the plat through the various agencies in Scott County, and he is concerned with financing and timely acquisition of the land. He asked if the City would allow him to buy Lots 5 and 6 through a metes and bounds description, so they can close on the land, take delivery of building materials and begin construction shortly after the 1st of October. They would then transfer the metes and bounds description to the plat after the plat has been finally recorded. Shakopee City Council September 25, 1984 Page 3 Tlie City Attorney stated it would not be possible to issue a building per- mit without having a recorded plat. Other possibilities were discussed that might be acceptable to the bank. Cncl. Colligan advised that if the developers hand -carried the plat to the various agencies, it doesn't take that long to get it through the County agencies. Consensus was to allow the City Attorney to discuss with the developers' attorney alternatives to allow for the quickest legal action. Colligan/Vierling moved to direct staff to advertise for applicants for the vacant seat on the Planning Commission. There was discussion about just choosing a replacement from among the list so recently submitted. Motion carried with Cncl. Leroux and Cncl. Wampach opposed. The City Clerk went over the background of the research into allowing additional on -sale liquor licenses. She stated that if Council wants the question on the ballot November 6, 1984 it should be acted on as soon as possible. She added that if the issue of additional on -sale liquor licenses is approved by voters, they would become effective immediately, unless an effective date is predetermined by Council. Mayor Reinke stated that as of the last census, the population was only 400 persons short of becoming a Third Class City, which is allowed 15-16 on - sale licenses. The next census is not until 1990, but he would think it would be reasonable to add more on -sale licenses up to the number allowed for a Third Class City, or somewhere in between. Cncl. Leroux expressed his desire to add clarifying and limiting language to the licenses, perhaps by establishing several classes of liquor licenses, in consideration of all the tourist/recreational traffic in the City. Leroux/Wampach moved to direct staff to bring back a resolution that would contain the appropriate number of on -sale liquor licenses available to a Third Class city, to be put on the ballot November 6, 1984. Motion carried unanimously. Charles Bernhagen asked if there were any on -sale liquor licenses available in the City now, or when there would be one available. He was answered that at the time of the election would be the earliest possible time, as the Council has no power to add licenses without a vote from the citizens. Mr. Burnhagen said time is of the essence as he has a buyer for some pro- perty, but only if there is an on -sale liquor license available. Discussion followed regarding a reasonable date to have the licenses become available, allowing time to formulate restrictions. Leroux/Wampach moved to incorporate the date of January 1, 1985 on the ballot for issuance of the first on -sale liquor license. Motion carried unanimously. The City Engineer explained why a 60 foot portion of Taylor Street was not constructed at the time the plat of Minn. Valley 5th Addition was approved. The City Attorney was asked about what legal recourse the City has to force the developer to build his half of the street. The City Attorney explained the problems involved. The City Engineer said there could be a benefit problem. Discussion continued. Leroux/Vierling moved to direct staff to prepare a notice of hearing for Chapter 429 for improvement of Taylor Street, full width, for 60 feet, as a Council initiated action. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to approve the Feasibility Report, 1984 Curb and Gutter, Sidewalk and Driveway Apron Replacement Program, Public Improve- ment No. 1984-2. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan offered Resolution No. 2309, A Resolution Ordering the 1984 Curb, Gutter, Sidewalk and Driveway Apron Replacement Program, 1984-2, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Leroux moved to accept the Day Labor Report dated September 25, 1984 for the 1984 Curb, Gutter, Sidewalk and Driveway Apron Replacement Program. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council September 25 1984 Page 4 Vierling/Colligan offered Resolution No. 2310, A Resolution Adopting Assessments for the 1984 Curb, Gutter, Sidewalk and Driveway Apron Replace- ment Program 1984-2, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Leroux moved to authorize Siehndel Construction to undertake side- walk construction, curb modification and bituminous patching related to the Huber Park Restroom facility under the city-wide sidewalk replacement program, at a cost not to exceed $450.00 from the Park Reserve Fund. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr, made a correction to the Capital Improvement Program, mak- ing #15 Downtown Parking Lot, and pointed out the various projects the County is involved in. Mayor Reinke stated he believes that CR16 should have a higher rating than what the County has given it, because of all the commercial traffic and joggers on it. Consensus was to direct staff to meet with the County to go over all the County projects to see where Shakopee's projects fit in. Cncl. Leroux asked the City Admr. to check the amount for paving CSAH 21. Leroux/Wampach moved to adopt the 1985-89 Capital Improvement Program, dated September 25, 1984 with the notations made tonight. Motion carried unanimously. Wampach/Leroux moved for a five minute recess at 9:57 p.m. notion carried unanimously. Colligan/Vierling moved to re -convene at 10:10 p.m. Motion carried unanimously. The City Admr. pointed out the memo which provides a couple of alternatives for handling the potential revenues from the 104� track ticket fee, which could be attributed to current expenses or only to new expenses incur- red because of the racetrack. Cncl. Vierling suggested the additional ex- penses should be deemed to be incurring as of this time of construction, not only at the opening date of the racetrack. The City Admr. stated that a good argument could be made to the Racing Commission that the City has trimmed staff in tight times, but now there has to be an expansion because of the racetrack in 1985. Discussion followed regarding the feasibility of setting up a separate accounting of racetrack -related expenses for evaluation in the future. The City Admr. compared the efforts of the City in that nature when Valleyfair first started. Cncl. Leroux pointed out that 390 acres of industrial development would not cost the City the same amount in police, streets and parks expenses as the racetrack will cost. Chief Tom Brownell stated he strongly disagrees with any proposed reduction in the number of officers employed today. He said the Police Dept. is having difficulty dealing with their primary job of criminal apprehension and medi- cal response now, which he feels is only 20% of their job. The other 80%, which encompasses service-oriented responsibility is taken care of only as time allows. If the City wants 2 officers on patrol 24 hours a day, it will require 3 additional positions. He said the reason they are on 10 hour shifts is because then there is some overlap during the time the manpower is needed the most, as otherwise there is only one officer on patrol at any time. He said he doesn't know what problems will be encountered at the racetrack, but it will certainly mean more police contact. He added the City is involved in good mutual aid understandings with Scott County and neighboring communi- ties, but adjacent cities are also understaffed and cannot always be counted on to provide backup. Discussion continued regarding the one officer who is of retirement age and the need to replace that position in anticipation of that retirement. Chief Brownell pointed out that it takes about 6 months of orientation before a new officer is able to.patrol by herself/himself. The City Admr. said he strongly believes that if the Council makes the deci- sion to increase the positions in the Police Dept., it should undertake an independent study of the Police Dept. to get a second opinion. He stressed that other recommendations could also be received regarding re -structuring of priorities, etc., which could be very beneficial. He suggested putting the budget together with this increase of one position and still hire a con- sultant for a one-time fee for a study. Cncl. Leroux concurred, stating the study could start with the Police Dept., and then be done on the Public Works, Administration, etc. Shakopee City Council September 25, 1.984 Page 5 Chief Brownell stressed that he was the last person hired for the Police Dept., and that was 5 years ago. He said he has been very sensitive to the money problems of the City and has cut his budget for years. But he said at this time they are having trouble taking care of today's res- ponsibilities and the racetrack will be bringing in a lot more people. He asked that if the study is done and it recommends 5 more positions, will the City go along with that recommendation? If not, it is a waste of money. Leroux/Wampach moved to direct staff to change the Contingency Fund to re- flect the receipt of some portion of track ticket fees, and to plan to hire a police officer effective January 1, 1985 and fit that into the budget. Motion carried unanimously. The City Admr. addressed the reduction of 14 of a mill in tax levy and suggested several ways to keep the levy stable. Cncl. Leroux said he would prefer keeping the mill levy flat, because of its impact on so many other projects in the City. The City Admr. reported that MTC is going to be doing the second year of feathering in 1985 rather than 1986, which will result in a reduction of $53,000 in property taxes. He will bring this item back next week as a separate item of discussion. The City Admr. was directed to check with the County to find out what they are doing regarding taxes. The Finance Director recommends a 6% increase in sewer rates next year, both in calendar and flowage rates, to be discussed next week. The City Admr. asked for a consensus of the Access Corp.'s request for $8,750.00 which is 50% of the cable franchise fee, which is within the approved cable budget. There was affirmative consensus. Colligan/Leroux moved to recess for an Executive Session at 11:21 p.m. to discuss police labor negotiations. Motion carried unanimously. Leroux/Colligan moved to re -convene at 11:32 p.m. Motion carried ua.:iimausly. The City Admr. went over a few informational items. Leroux/Vierling moved to adjourn. Motion carried uanimously. Meeting ad- journed at 11:33 p.m. Judith S. Cox, City Clerk Diane S. Beuch Recording Secretary imi OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 2, 1984 Mayor Reinke called the meeting to order at 7:02 p.m. with Cncl. Vierling, Colligan, Leroux, Wampach, and Lebens present. Also present were John K. Anderson, City Admr.; Jeanne Andre, Community Develop. Dir.; H. R. Spurrier, City Engineer and Julis A. Coller, II, City Attorney. Vierling/Wampach moved to recess for an HRA meeting. Motion carried unanimously. Colligan/Vierling moved to re -convene at 8:30 p.m. Motion carried unanimously. Mr. Pulscher handed out the bid tabulation, stating that two bids were received, and he would recommend the bid being awarded to Northern Trust. He said this represents a $52,000 savings over the anticipated rate; this rate being 9.40149. Leroux/Colligan offered Resolution No. 2317, A Resolution Awarding the Sale of $2,490,000 General Obligation Tax Increment Bonds, Series 1984A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Leroux, Vierling, Colligan, Wampach, Reinke Noes; Lebens Motion carried. Cncl. Lebens reported that Mr. Secord is interested in seeking the City's help'in donating two large blue spruce trees which he would like to have for the Christmas tree at Washington, D.C. and at St. Paul. He also has some concerns about the placement of a garage next to his property. He will appear later before the Council. The City Admr. said the staff will research what it can do to be helpful in those two donation requests. Liaison reports were given by Councilmembers. Mr. Mervin Secord stated he owns property at 511 West 4th Street, which has on it two huge blue spruce trees, which he would like donated in the names of his parents, Troy and Enga Secord, for use as Christmas trees for the State and Nation. Mayor Reinke replied that staff will follow up on those requests. Mr. Secord complained of a garage which should not be placed where it is on the- property next to his. He said that lot has two houses on it, which should not have been allowed. He stated the second house was supposed to serve as a garage, but was used as a residence instead. He said the garage on the lot is too close to the street and is ruining his property, as he can't even see out the window. He gave some more background on this. The City Admr, stated this matter was researched previously, and he will send Mr. Secord a copy of the decision that was made and the reasoning for it, and he can respond after that time. Mr. Secord asked for the material to be send to Route 1, Box 9, Burtrum, Mn. 56318. Mayor Reinke asked if there was anyone else in the audience who wished to address the Council on any item not on the agenda, and there was no response. The City Admr. said the letter from Debra Dechaine regarding the van pool services has been discussed by the Energy & Transportation Committee and staff has also talked with her. Discussion followed. Colligan/Vierling moved to receive and place on file the letter from Debra Dechaine, dated September 18, 1984, regarding the van pool services. Motion carried unanimously. Shakopee City Council October 2, 1984 Page 2 Vierling/Leroux moved to accept, with regrets, the resignation of Barb Hegfors from the Shakopee Community Access Corp. Motion carried unan- imously. Leroux/Vierling moved to receive and place on file the letter from Bloomington Housing and Redevelopment Authority, dated September 18, 1984, regarding the transfer of entitlement of IRB allocations. Motion carried unanimously. Colligan/Vierling moved to approve Variance No. 3, dated September 10, 1984, allowing ZU to substitute equipment by a different manufacturer and locate it at the head -end, conditioned upon acceptable list of equipment being provided to the City within one week after operation of the equipment. Colligan/Lebens moved to amend the motion to add a written statement by ZU that the substituted equipment is equal or better quality. Motion to amend carried unanimously. Main motion as amended carried unanimously. Colligan/Wampach moved to accept, with regrets, the resignation of Perry L. Cheever. Motion carried unanimously. Leroux/Wampach offered Resolution 2312, A Resolution of Appreciation to Perry L. Cheever. The City Admr. read the resolution. Motion carried unanimously. The City Admr, gave some background for the request for a change in the personnel policy. Leroux/Lebens moved to direct staff to prepare for Council consideration at its October 16, 1984 meeting, a resolution amending the personnel policy to provide for a contracted employee who does not fall into the categories of permanent or temporary employee and/or has negotiated unique terms of employment as outlined in a separate contract approved by the City Council, and further directing that any item not addressed by the Contract will be covered by the terms of the personnel policy. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to authorize the hiring of Barry Stock to fill the position of Administrative Intern and direct staff to develop a contract with Mr. Stock as follows: pay rate of $5.75 per hour, with health bene- fits, sick leave and vacation and holiday pay at a beginning level. The contract is to include a minimum of one year and maximum of two years in the position, with no severance pay until after one year of service; the contract to be effective October 15, 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Leroux offered Resolution No. 2304, A Resolution Consenting to the Levy of a Special Tax by the Housing and Redevelopment Authority in and for the City of Shakopee, and moved its adoption, noting the amount of the levy to be $25,000.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling offered Resolution No. 2305, A Resolution Directing the County Auditor Not to Levy a Tax for Debt Service for Selected Bond Issues, and moved its adoption. Leroux/Vierling moved to amend Resolution No. 2305 to change the amount of the levy from $55,736.00 to $32,705.00. He said this would give a flat mill_ levy. Mayor Reinke said he would not support this as he thinks this could be a trade off for the higher sewer rate. Motion to amend carried with Cncl. Lebens and Mayor Reinke opposed. Roll Call on Resolution No. 2305 as amended: Ayes; Leroux, Vierling, Colligan, Wampach Noes; Reinke, Lebens Motion carried. ` Shakopee City Council October 2, 1984 Page 3 Colligan/Leroux offered Resolution No. 2306, A Resolution Approving 1984 Tax Levy, Collectible in 1985, and moved its adoption. The Finance Director made some corrections on the numbers of the resolution. Leroux/Colligan moved to amend Resolution No. 2306 to add to Debt Service '80 Improvement of $23,031, making the total Debt Service $233,528 and the Total City Levy $1,407,043. The City Admr. summarized the resolution. Motion to amend carried with Cncl. Lebens opposed. Roll Call on Resolution No. 2306 as amended: Ayes; Wampach, Leroux, Reinke Vierling, Colligan Noes; Lebens Motion carried. Colligan/l,eroux moved to accept Jerome Jaspers & Co. proposal for 1985 audit servicesq and authorize the hiring of same for $7500.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to approve the farm lease to Gene Hauer farms for Memorial Park land as proposed. Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion followed regarding the lack of penalities imposed on Richard's Pub for citations received. The City Attorney stated that unless there is a 110 guilty plea or a formal complaint, he is not aware of violations. However, he will follow up on this item. Leroux/Wampach moved to direct staff to formulate some policy regarding notification to City Council of citations issued to liquor establishments. Motion carried unanimously. Discussion ensued regarding the problem of the dog catcher not being able to catch dogs who are violating the ordinance, and unwillingness of neigh- bors to sign complaints. A suggestion was made to form neighborhood associ- ations and publish in the paper the dog ordinance and penalties involved for violations. Lebens/Wampach moved to receive and file the memo from Chief Brownell, dated September 10, 1984, regarding Valleyfair entrance, dog complaints and speed- ing vehicles on Jefferson Street. Motion carried unanimously. Leroux/Vierling moved to reconsider Change Order No. l for Valley Park Drive and 12th Ave. improvements. Motion carried unanimously. Leroux/Wampach moved to direct staff to negotiate with C.S. McCrossan, Inc. for inclusion of the by-pass lane at CR83 and 12th Ave. in the CR83 widening project. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved that Change Order No. 1 for Valley Park Drive and 12th Avenue improvements, No. 1984-5, be deleted. Motion carried unanimously. Cncl. Leroux questioned the City Attorney regarding the possibility of not paying Hardrives for the CR83 Widening project as a leverage for the re- construction work to be done on 10th Avenue. The City Attorney responded that there is no legal reason for holding back the money for the project completed, as it is entirely separate from 10th Avenue. He added it would weaken the City's case if it was brought up in Court, where the City is legally seeking remedy for 10th Avenue. Colligan/Wampach moved to authorize payment of $4,117.56 to Hardrives for the CR83 Widening Project No. 1982-1. KT, and that the project be funded from the Kmart 'Tax Increment Project. Roll Call: Ayes; Colligan, Vierling, Wampach, Reinke Noes; Leroux, Lebens Motion carried. Shakopee City Council October 2, 1984 Page 4 Colligan/Leroux moved to authorize proper City officials to execute tempo- rary slope easement to Scott County across the Eagle Creek Town Hall parcel noted as Parcel No. 19 for and in consideration of $1.00 and other valuable considerations. Roll Call: Ayes; Unanimous Noes: None Motion carried. Colligan/Leroux moved to authorize the appropriate City officials to in- stall a street light at the intersection of CSAH 79 and 11th Avenue. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to authorize the appropriate City officials to exe- cute a two year agreement with Scott County for the prosecution of all gross misdemeanors for the City. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. said the option offered to the Police Dept. of retireees of 15 years continuing on the same health plan with personally paid pre- miums could conceivably increase the average annual premium for all em- ployees if that retiree has heavy use of the insurance. Leroux/Wampach moved to authorize the appropriate City officials to ap- prove a contractual agreement between Teamsters Local 320 and the City of Shakopee to establish the wage rates for the Police Dept. for 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens offered Resolution No. 2319, A Resolution Amending the City of Shakopee Personnel Policy Adopted by the Resolution No. 1571, and moved its adoption. The City Admr. summarized the resolution. Discussion followed about clarifying the language in the resolution. Leroux/Vierling moved to amend Resolution No. 2319 to change the last sen- tence of the NOW, THEREFORE clause to read as follows: "...with the Police Officer paying the actual premium for hospitalization and major medical." Motion to amend carried unanimously. Roll Call on Resolution No. 2319 as amended: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to authorize the appropriate City officials to exe- cute an agreement between the City of Shakopee and the Dept. of Natural Resources Division of Fish and Wildlife to permit hunting within the City limits of Shakopee north of the Minnesota River. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Leroux moved to reconsider the above motion. Motion carried unani- mously. Colligan/Wampach moved to amend the agreement to change the language in No. 2 on the last page of the Agreement as follows: "Support the concept of riverfront development on the southern bank of the Minnesota River in the City of Shakopee if compatible with the Federal and State regulations con- curring wetlands and floodplains." Motion carried unanimously. Colligan/Vierling moved that the bills in the amount of $56,717.06 be allowed and ordered paid. Rotl Call: Ayes; Unanimous Noes; Nonc Motion carried. The City Admr. explained the changes being made to the Energy Council Grant application to better make a comparison in the targeted area for re -cycling, and how that would affect the amounts listed in the application. Vierling/Lebens offered Resolution No. 2313, A Resolution Authorizing the City Administrator to Submit a Community Energy Council Grant Application, and moved its adoption, with the application reflecting the request for a $9,000 grant with a match of $907.75 by the City for the purchase of 165 recycling bins. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council October 2, 1984 Page 5 Colligan/Leroux offered Resolution No. 2300, a Resolution Ordering the Preparation of a Report on the Improvement of Taylor Street, 12th Avenue to the South Line of Minnesota Valley 5th Addition, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Allen Hill, of the Oxboro Development Co., made a presentation of all the aspects of the development project they are planning at 98th Street and Lyndale Avenue in Bloomington, for which the additional entitlement was requested from Shakopee. Leroux/Wampach offered Resolution No. 2320, A Resolution Relating to Industrial Development Revenue Bond Issuance Authority; Authorizing the Issuance of Revenue Bonds by the City of Bloomington, Minnesota, Pursuant to the Bond Issuance Authority of the City and Approving the Execution of Documents Necessary Therefor, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux offered Resolution No, 2315, A Resolution Supportingthe Actions of Some Public Employees Retirement Association Board Members to Remove the Interim Executive Director and to Provide for an Open Process to Select a Public Employees Retirment Association Executive Director. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux offered Resolution No. 2316, A Resolution Determining the Expediency of Issuing Three On -Sale Liquor Licenses for the Sale of In- toxicating Liquor at Retail in Addition to the Nine Now Permitted by Law and Calling a Special Election Thereon, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux offered Resolution No. 2311, A Resolution Specifying a Greivance Procedure for Complaints of Handicapped Discrimination, and moved its adoption. Roll.Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling offered Resolution No. 2314, A Resolution Appointing Judges of Election, and Establishing Compensation, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Lebens moved to direct staff to pay Consolidated Plumbing for the override of $2,537.06 on the contract for the Huber Park Trail rest- room Facility. Roll Call: Ayes; Unanimous Noes; None Motion carried. Consensus was to start the City Council meeting at 8:00 p.m. on November 6, 1984 because of the election. Consensus was to meet at 7:00 p.m. on October 11, 1984 by a special call of the Mayor if necessary for action on IRB's for Racetrack. Colligan/Leroux moved to strongly support the RTB's Property Tax Relief Program which will reduce the City's RTB contribution to 1.25 mills. Roll Call: Ayes; Unanimous Noes; None Motion carried. Mayor Reinke and Cncl. Colligan stated they would try to attend a meeting of the Metropolitan Waste Control Commission being held in the City Chambers on October 23, 1984. Vierling/Colligan moved to authorize the proper City officials to enter into a license agreement with Chicago & Northwestern Transportation Co. for installation of an 18" RCP Storm Sewer Undercrossing to serve the City of Shakopee, Minnesota, and approve the payment of a minimum standard license preparation fee of $100, along with advance payment for $60 for the under - crossing license. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Leroux offered Resolution No. 2321, A Resolution Requesting a New Railroad Grade Crossing from the Commissioner of Transportation for Shenan- doah Drive, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council October 2, 1984 Page 6 Wampach/Vierling offered Resolution No. 2322, A Resolution Authorizing the City of Shakopee to Enter Into an Agreement with the Chicago & Northwestern Tramsportation Company for Railroad Grade Crossing Improvements at Shenan- doah Drive and Valley Park Drive, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motioncarried. The City Admr. explained the background of the request for reconsideration of the approval of Century Plaza Square 2nd Addition, regarding the dedi- cation of turn lanes by the developer. Clete Link said he doesn't want to give up the 10 feet on both sides of CR17, but if he is required to for safety factors, he believes the City should pay for that land. He is still paying on the assessments for the original curb and gutter., and to ask the developer to move them and reconstruct is out of line, he.believes. He said his development will generate only a nominal amount of traffic compared to the racetrack and the by-pass. He doesn't think he should be assessed again for roadway improvements. Dis- cussion continued. The City Admr. explained that the developer feels if he signs this Developers Agreement with the 10 feet dedication, it will diminish his ability to fight the assessment. Leroux/Lebens moved to reconsider Resolution No. 2308. Motion carried unanimously. Leroux/Colligan moved to amend Resolution No. 2308 as follows: 1. Item No. 2c Auxilliary Turning Lanes remain in the De- veloper's Agreement and be amended to read as follows: "No building per- mit shall be issued to any lot until a County Entrance Permit has been is- sued. Should the auxilliary turning lane be a requirement of the County Entrance Permit, it shall be the responsibility of the developer to construct the auxilliary turning lane prior to the issuance of a Certificate of Occu- pancy-, 2. Item No. 2F Drainage language be amended to include Lots 4, 5 and 6 in Block One. 3. Item No. 5 be amended to clarify improvment of Gorman Avenue by roadway construction and storm sewer. Motion carried with Cncl. Lebens and Wampach opposed. Further discussion ensued regarding assessments for curb and gutter if the turn lanes are installed. Shall Res. No. 2308, Approving the Final Plat of Century Plaza Square 2nd Addition, now pass? Roll Call: Ayes; Reinke, Vierling, Colligan, Leroux Noes; Wampach, Lebens Motion carried. Colligan/Lebens moved to adjourn to October 16, 1984 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 11:15 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary October 15, 1984 Shakopee City Council City Hall Shakopee, MN 55379 Ladies and Gentlemen of the City Council: I wish to bring your attention to the petitions dated December 12, 1983 and January 16, 1984 which were presented to the Shakopee City Council in December 1983 and January 1984 respectively. In general, these petitions proposed that a city street or road be established to allow public access to the property at the south end of Cavanaugh Drive in Shakopee occupied by Rubber Industries, Inc. The Council subsequently discussed the potential for public access to the property directly from Fourth Avenue South. With the rapid approach of winter, we urgently request that the Council authorize the construction of a city street to the property occupied by Rubber Industries and for this street to be completed as soon as practical. As you will recall, a great many of the Rubber Industries employees signed the petition presented in January 1984. At this time the 70 plus employees of Rubber Industries, Inc. join in bringing this proposal to your attention once again. XT 16 CITY OF SHAKOPEE Respectfully submitted on the behalf of Rubber Industries, Inc. emDlovees SPECIALIZING IN CUSTOM MOLDED RUBBER PARTS AND PRECISE ROLLERS MEMORANDUM TO: The Honorable Mayor and City Council City of Shakopee FROM: Phillip R. Krass RE: Muhlenhardt Petition for Vacation of Easement DATED: October 16, 1984 Dear Mayor and Council Members: John has asked me to comment on certain questions which have arisen with respect to the above referenced vacation petition. I understand that the Petitioner, Ms. Muhlenhardt, has suggested that two sections of the Shakopee City Code preclude the City from authorizing the use of the easement in question. I will comment on those two sections, a copy of which I attach hereto, but first I think a more general comment is in order. The two issues that have been raised in my opinion are not germane to the issue before the Council. The Council is obligated at the conclusion of its public hearing to determine whether or not it is in order to vacate the easement in question. That vacation may occur only if the Council determines by resolution that such vacation is in the public interest. Minnesota courts have determined that no street or alley may be vacated unless the vacation would be beneficial to the public interest (See Krebs et al v. Town of Northern Beltrami County, 213 Minn. 344, 6 N.W.2nd 803. Considering the use presently made of that easement and considering the previous variance granted to the abutting property owner to build closer to that easement is in the public interest. Now I would like to comment on the two issues being raised. The first in Subdivision 16 (A)(1), Ms. Muhlenhardt has suggested that the restriction on access drives apply in this case. I would suggest such is not the case for two reasons. First of all, the provisions in this section are obviously intended to protect adjoining property owners against the construction on the property owned by the applicant of a driveway. Certainly this section cannot be read to apply to an easement which is in the nature of an alley. Secondly, the easement in question would by the predecessor entitled to the Muhlenhardt property. Her predecessor having freely given that easement, I do not believe Ms. Muhlenhardt can now be heard to object to it. Paragraph 4 of that same Subdivision requires that all lots have direct adequate physical access along the frontage of the lot in question from either a dedicated public roadway or an existing private roadway approved by the Council. Ms. Muhlenhardt has suggested that since the easement has not been approved by the Council, a building permit should not have been granted. The difficulty with her argument is that the lot in question does have access along the frontage of the lot. The fact that the owner chooses to approach his home from the rear does not negate the fact that the frontage abutts a public road and therefore meets the requirement of this Subdivision for a building permit. Moreover, obviously the building permit has already been granted and the home is in the process of being constructed. The City has given a variance to allow for such construction at a point closer to the rear lot line than our ordinance would otherwise authorize, and Ms. Muhlenhardt was given a notice of the public hearing held to consider that variance. Obviously, therefore, she is charged with knowledge that a home would be constructed on that lot and if there was an objection it should have been made at that time. In conclusion, it is my opinion that neither of the objections to the construction of this home based on the two sections in Subdivision 16 attached, have merit. At any rate, it is my advise that you should not interject the two objections based on Subdivision 16 into your deliberations on the vacation of this easement. The vacation of the easement must stand or fall on its own merits. RECOMMENDATION: It is my recommendation that since this easement is being utilized by at least one homeowner and presumably members of the public who may wish to serve that homeowner, that you may be unable to determine that the vacation is in the public interest. The fact that the vacation may be in the interest of an adjacent property owner does not qualify as being in the public interest. It is my further recommendation that you make a determination, if called upon, that the issuance of the building permit was in conformance with the attached provisions of the City Code. REQUESTED ACTION: If you agree with the recommendation, the requested action would be direct staff to prepare an appropriate resolution determining that the easement is in the public interests and declining to vacate it. If you disagree with the recommendation, the appropriate action would be to direct staff to draft a resolution determining the vacation is in the public interest and granting the vacation. 16.4LIW1ILao 1/1k.1IUL11y 4Ilyli LLU:,L .A�_LIQ'I-;,.1-LL 1iVL LdQ tiU1;i11LLL:U. F. Vegetation. No wetland vegetation may be re- moved or altered except that reasonably required for the place- ment of structures and use of property. Subd. 14. Traffic Control. The traffic generated by any use shall be channelized and controlled in a manner that will avoid: (a) congestion on the public streets, (b) traffic hazards, and (c) excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to en- sure its safe and orderly flow. Traffic into and out of business areas shall i'n all cases be forward moving with no backing into streets. On corner lots, (including rural areas) nothing shall be placed or allowed to grow with the exception of seasonal crops in such a manner as materially to impede vision between a height of two and one-half (2h) and ten (10) feet above the centerline grades of the intersection streets to a distance such that a clear line of vision is possible of the intersection street from a distance of thirty (30) feet from the intersection of the right-of-way lines. Subd. 15. Vacated Streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the said vacated area shall not be affected by such proceeding. Subd. 16. Access Drives and Access. A.�eral Provisions. 1 Access drives may not be placed closer than five (5) feet t any side or rear lot line. No access driv shall be closer than three (3) feet to any single or two family residence, no closer than five (5) feet to any multiple family G+� building or commercial building. The number and types of access drives onto major streets may be controlled and limited in the interest of public safety and efficient traffic flow. 2. Access drives onto county roads shall re- quire a review by the County Engineer. The County Engineer shall determine the appropriate location, size and design of such ac- cess drives and may limit the number of access drives in the in- terest of public safety and efficient traffic flow. 3. Access drives to principal structures which traverse wooded, steep, or other field areas shall be con- structed and maintained to a width and base material depth suffi- cient to support access by emergency vehicles. The Zoning Admin- istrator shall review all, access drives (driveways) for compli- ance with accepted community access drive standards. All drive- ways shall have a minimum width of ten (10) feet with a pavement strength capable of supporting emergency and fire vehicles. Z(,4� All lots or parcels shall have direct adequate physical access for emergency vehicles along the front- age of the lot or"parcel from either an existing dedicated public X40 roadway, or an existing private roadway approved by the Council. Xf 5. No part of the street right-of-way may be vfto, P?� 313-1 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Request for Vacation of Utility and Roadway Easement DATE: October 11, 1984 Introduction Council previously set a public hearing for 7:30 p.m. to consider the vacation of part of an easement for public utilities and roadway purposes located south of Horizon Heights. 54 a POW I• A petition for the vacation was circulated among property owners and signed in the presence of Linda Muhlenhardt. It has been properly signed. A statutory city may vacate an alley, street, or publicly owned utility easement if the Council decides that the action is in the public interest by passing a resolution. No street or alley may be vacated unless vacation would be beneficial to the public interest. The City Planner recommends that the easements be retained. The City has issued building permits for two homes abutting the easements in question, one of which is owned by Ms. Muhlenhardt. The City has granted a variance from the rear yard set back for the 2nd home owned by Mr. Keith. This property owner enters his property from the South off of the roadway easement. Ms. Muhlendardt has withdrawn her complaint against the City regarding the termination of easements, with the ability to refile it later. See City Planner's memo of September 13, 1984. Alternatives 1. Vacate easements - This would provide Ms. Muhlenhardt with more useable land, but would preclude entrance from the South by Mr. Keith, onto his property. 2. Don't vacate easements - Mr. Keith would have access to his property from the South, but Ms. Muhlenhardt would not be able to use the easement for any purpose except a roadway. Move to deny the petition, submitted by Linda Muhlenhardt, for the vacation of roadway and utility easements within NW1/4 of NW1/4 of Sec. 24-115-22, because the vacation would not be in the public interest. JSC/jms w 11 MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Request for Vacation of Road and Utility Easements DATE: September 13, 1984 Background: Regarding the request by Linda Muhlenhardt for the vacation of a road and utility easement in the NW 4 of NW 4 of Section 24, the following information may be useful to the City Council in determining whether the vacation should be granted: 1. The easements were granted to the City of Shakopee in September 1981 for public utility and roadway purposes. 2. The easements provide access to the Muhlenhardt property and to property owned by Everett J. Keith, B4 L2 Horizon Heights 3rd Addn. Mr. Keith was issued a variance and building permit in May 1984 based upon the use of these easements. 3. On July 2, 1984 the City received a summons and petition from Ms. Muhlenhardt's Attorney regarding the termination of easements. On August 7, 1984, Judge John M. Fitzgerald, of the First Judicial District Court dismissed the petition. 4. A response by Rod Krass, dated July 24, 1984, contends that Ms. Muhlenhardt woulcl not suffer irreparable harm if the easements were terminated, but Mr. Keith and the City would. Further none of the property (easements) were taken without due process of law, and the easements themselves are clear, unambiguous, and not subject to Ms. Muhlenhardt's interpre- tations. Staff_Cecommendation: Since the City has previously requested in court that the easements not be terminated it is recommended that Council not grant the request for vacation. MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Planning Commission Recommendation on Rezoning Requests DATE: October 11, 1984 Introduction: At the October 4, 1984 meeting, the Planning Commission acted on four separate requests for rezoning. The recommendations to City Council follow the brief description of each request listed below under Background. Also included is the Action Requested for each item. Background: 1. Applicant: City of Shakopee Location: 70+ parcel in SW -4 of S2 of Sect. 5 Request: Rezone from R-4 to I-1 Recommendation: The Planning Commission had previously recommended approval of the rezoning, however, the Council referred the case back to the Planning Commission for reconsideration, in order for the rezoning not to affect acquisition costs for the land for Shenandoah Drive. The Council approved the rezoning on September 25, 1984, when they adopted Ordinance No. 151 (which rezoned the large B-2 parcel), however, the Planning Commission took separate action, for the record. Action Requested: Motion to accept the Planning Commission recommendation and note that the rezoning has been approved as per Ordinance No. 151. 2. Applicant: Harmon Harrison and Brooks Superette Location: SE corner of Co. Rd. 17 and Co. Rd. 16 (87,600 sq. ft. parcel) Request: Rezone from R-4 to B-1 Recommendation: Recommend denial on the basis that the property -w111 -be B-2 under the provisions of Ordinance No. 151, which will become effective upon publication. Action Requested: Motion to accept the Planning Commission recommendation and deny the request for rezoning from R-4 to B-1. 3. Applicant: Carl Lindstrand Location: NE corner of Co. Rd. 17 and 16 extending 2 mile east on Co. Rd. 16 (22.95 acres) Request: Rezone from B-2 and R-4 to B-1 October 11, 1984 Page -2- Recommendation: Recommend denial on the basis that approx- imately 3.5 acres of the site has been rezoned to B-2 under Ordinance No. 151, which will become effective upon publication. Action Requested: Motion to accept the Planning Commission recommen ation and deny the request for rezoning from B-2 and R-4 to B-1. 4. Applicant: Cletus J. Link Location: East and West side of Co. Rd. 17 between 4th Avenue and Co. Rd. 16 Request: Rezone from B-2 to B-1 Recommendation: Recommend denial on the basis that Ordinance No. 150, w is has been approved and is now effective, allows for a minimum of one acre lot sizes in the B-2 district. Action Requested: Motion to accept the Planning Commission recommendation and deny the request for rezoning from B-1 to B-2. Conclusion: Staff is requesting Council to act on the four rezonings, even though Ordinances have been approved which affect each one. Thus, each request has been considered and officially resolved. JS:cah MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Request for Reconsideration of the Fianl Plat approval of Century Plaza Square 2nd Addition DATE: October 12, 1984 Introduction: Mr. Clete Link has requested that the City Council reconsider the Final Plat approval of Century Plaza Square 2nd Addition in order that he may proceed with the sale of two lots within the plat. Background: On September 25, 1984, Council approved Resolution No. 2308 which approved the final plat of Century Plaza Square 2nd Addition with eight conditions. On October 2, 1984, the Council approved a reconsideration of the resolution, which clarified the language in three of the conditions. In the time since the October 2nd approval, Mr. Link has ex- pressed a concern to the staff regarding his compliance with various items which will be included in the Developer's Agree- ment. In addition, the party who is supposed to purchase two of the lots in the plat, in order to develop the Tom'Thumb, is very anxious to proceed with the sale and begin construction. Proposal: (Please refer to your copy of Century Plaza Square 2nd) Mr. Link would like to final plat lots 5 and 6 of Block 1 (To be renamed to Lots 1 and 2, Block 1) and place lots 1, 2, 3, 4, Block 1 into an Outlot and place Block 2 in an Outlot. This would be with the understanding that 1) the preliminary approval of the lots located within the Outlots is valid for one year and that 2) a condition of the approval would be that no building permits will be issued for the Outlots until they are replatted. Recommendation: Should the City Council choose to approve the revised final plat of Century Plaza Square 2nd Addition, the following conditions are recommended: 1. Approval of a Title Opinion by the City Attorney. 2. Execution of a Recordable Developer's Agreement which provides for: A. Outlots - No building permits will be issued for Out ots A or Outlot B until they are replatted. B. Park Dedication - to be made in cash at the time the bull ing ep rmit is issued for Lots 1 and 2, Block 1. Octohr'r i Z, 1984 Page -')-- The Park Dedication for Outlot A and Outlot B shall be determined when they are replatted. C. Sidewalks - five foot sidewalk to be constructed on the west side of CSAR 17 where it abuts Lot 2, Block 1. Sidewalk for Outlot A and Outlet B shall be determined when they are replatted. D. Auxilliary Turning Lanes - No building permit shall be issued to Lot 2, Block 1 until a County Entrance Permit has been issued. Should the auxilliary turning lane be a requirement of the County Entrance Permit, it shall be the responsibility of the developer to con- struct the auxilliary turning lane prior to the issuance of a Certificate of Occupancy. E. Assessments - the developer shall agree to the City Engineer s method of apportioning the installments remaining unpaid against said proposed plat and that the developer waives his right to appealing the apportion- ment. F. Drainage - the developer shall submit a final drainage report and construct drainage facilities for each lot in Block 1. Drainage requirements for Outlot A and Outlot B shall be determined when they are replatted. G. Grading - overlot grading must be performed on all developable lots. (Lots land 2, Block 1). 3. The proposed zoning amendments must be officially effective prior to the recording of the final plat. 4. The final plat must be drawn in accordance with the Subdi- vision Regulations. 5. The developer_ shall submit a Petition to the City of Shakopee for the improvement of Gorman Avenue from CSAH 17 to the west property line of the plat for roadway construction and storm sewer, and waive the right to appeal the proposed assessment. 6. A separate recordable agreement shall be made between the developer and the Shakopee Public Utilities Commission in which the developer agrees to pay for the installation of an eight inch future water main in Gorman Avenue from CSAH 17 to the west property line of the plat; with the understanding that the SPUC will pay for the cost of oversizing to a twelve inch line. 7. The dedication of an additional ten feet on the west side of the centerline where the plat abuts CSAH 17 to provide for a total of 90 feet of right-of-way. If and when Outlot B is replatted, the dedication of an additional ten feet of right-of-way on the east side of the centerline where it abuts CSAH 17, shall. be considered. 8. The dedication of au additional 17 feet of right-of-way where Outlot B abuts CSAH 16 shall be considered if and when Outlot B is replatted. Action Requested: Offer_ Resolution No. 2329, A Resolution Approving the Final Plat of Century Plaza Square 2nd Addition. JS:cah RESOLUTION NO. 2329 A Resolution Approving the final Plat of Century Plaza Square 2nd Addition Whereas, the Planning Commission of the City of Shakopee did approve the Final Plat of Century Plaza Square 2nd Addition, a plat which consisted of Two Blocks with six lots in each block, with the approval of a variance from ten foot sidewalk requirement in order for a five foot sidewalk to be constructed in accordance with the existing commercial sidewalk sizes in the area, on September 20, 1984 and has recommended its adoption; and Whereas, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon.; and Whereas, the Developer has requested that the Final Plat which was approved by the Planning Commission be redrawn to consist of Block 1, Lots 1 and 2 and Outlot A and Outlot B, of which both Outlots will have to be replatted; and Whereas, The City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Century Plaza Square 2nd Addition, described as follows: All that part of the West Three-fourths of the Southeast Quarter of SEction 6, Township 115, Range 22, Scott County, Minnesota, lying of the Spring Lake Road (County Road No. 16) and lying Westerly of the west line of County Road No. 17 as now constructed. Excepting therefrom the West 200.00 feet of said West Three-fourths of the Southeast quarter and also Excepting therefrom the North 333.00 feet of the East 180.00 feet of the West 380.00 feet of said West Three-fourths of said Southeast Quarter. Containing 8.108 acres. Also All that part of the West Three-fourths of the Southeast Quarter Section 6, Township 115, Range 22, Scott County, Minnesota, lying North of the Spring Lake Road (County Road No. 16) and East of the East right of way line of County Road No. 17 as now constructed. Excepting therefrom the North 330.00 feet of the east 321 .00 feet of said West Three-fourths of said Southeast Quarter. Containing 7.1472 acres, be, and the same hereby is approved and adopted with the approval of a variance from the ten foot sidewalk requirement, and with the requirements that; 1. Approval of a Title Opinion by the City Attorney. 2. Executicn of a Recordable Developer's Agreement which provides for: A. Outlots - No building permits will be issued for Outlot A or Outlot B until they are replatted. B. Park Dedication - to be made in cash at the time the building permit is issued for Lots 1 and 2, Block 1. The Park Dedication for Outlot A and Outlot B shall be determined when they are replatted. C. Sidewalks - five foot sidewalk to be constructed on the west side of CSAH 17 where it abuts Lot 2, Block 1. Sidewalk for Outlot A and Outlot B shall be determined when they are replatted. D. Auxilliary Turning Lanes - No building permit shall be issued to Lot 2, Block 1 until a County Entrance Permit has been issued. Should the auxilliary turning lane be a requirement of the County Entrance Permit, it shall be the responsibility of the developer to construct the auxilliary turning lane prior to the issuance of a Certificate of Occupancy. E. Assessments - the developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against said proposed plat and that the developer waives his right to appealing the appor- tionment. F. Drainage - The developer shall submit a final drainage report and construct drainage facilities for each lot in Block 1. Drainage requirements for Outlot A and Outlot B shall be determined when thgy are re-glatted. G. Grading - Overlot grading must be performed on all developable lots. (Lots 1 and 2, Block 1). 3. The proposed zoning amendments must be officially effective prior to the recording of the final plat. 4. The final plat must be drawn in accordance with the Subdivision Regulations. 5. The developer shall submit a Petition to the City of Shakopee for the improvement of Gorman Avenue from CSAR 17 to the west property line of the plat for roadway construction and storm sewer, and waive the right to appeal the proposed assessment. 6. A separate recordable agreement shall be made between the developer and the Shakopee Public Utilities Commission in which the developer agrees to pay for the installation of an eight inch future water main in Gorman Avenue from CSAH 17 to the west property line of the plat; with the understanding that the SPDC will pay for the cost of oversizing to a twelve inch line. 7. The dedication of an additional ten feet on the west side of the centerline where the plat abuts CSAH 17 to provide for, a total of 90 feet of right-of-way. If and when Outlot B is replatted, the dedication of an additional ten feet right-of-way on the east side of the centerline where it abuts CSAR 17, shall be considered. 8. The dedication of an additional 17 feet of right-of-way where Outlot B abuts CSAH 16 shall be d­if and- �, �) whe-n - tl�z— —f_ replet--ed. Cvt r A, ' .W BE IT FURTHER RESOLVED, that this Resolution supercedes Resolution No. 2308 and that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developers Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST; City Clerk Approved as to form this day of 19 City Attorney C T TY OF' E;HAKO1=>1-=a INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Hinnesota 55379-1376 (612) 445-3650 r TO : John K. Anderson, City Adm i n i st rat r' FROM: H. R. Spurrier, City Engineer SUBJECT: Traffic Signal-CSAH 17 at CSAH 16 (Nor action) DATE: October 12, 1984 INTRODUCTION: As a result of the attached petition the City of Shakopee has asked Scott County Highway Department to determine whether a traffic signal or a 4 -way stop control was justified at the intersection CSAH 17 (Marschall Road) and CSAH 16 (Fourth Ave- nue). The City is in receipt of that study from the County Highway Department and that report is attached. BACKGROUND: The conclusion of the report is that a trap signal or a multi - way stop control cannot be ,justified at this time. As the report states the County is aware that additional -growth may result in a need for such control and that the County Highway Department will continue to monitor the intersection so that if such signals become necessary they will be installed. The Engineering Department has reviewed the attached report prepared by the Scott County Highway Department and concurs with the recommendation, therefore, it is recommended the City receive and file this report with the Engineering Department. ACTION REQUESTED: A motion to receive the Signal Justification Report from Scott County Highway Department for CSAH 17 at CSAH 16 North Junction and file the report with the Engineering Department. HRS/pmp SCOTT COUNTY f HIGHWAY DEPARTMENT-.-..aq� D COURT HOUSE A106 .�; $ 1 - SHAKOPEE, MN. 55379-1396 (612}445-7750, Ext. 346 OC..j. BRADLEY J. CARSON' ,.I or— SHAKOPEE Highway Engineer DANIEL M. JOBE Asst. Highway Engineer Mr. John K. Anderson Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: October 5, 1984 Re: CSAH 17 @ CSAH 16 (N. Jct.) The justification for a traffic signal or a 4 Way stop control at the intersection of CSAH 17 (Marschall Road) and CSAH 16 (Fourth Avenue) has been evaluated by our department. A 16 hour turning movement study was taken on Tuesday and Wednesday, August 21-22, 1984 and a speed survey was performed on Thursday, September 27, 1984 to determine the traffic characteristics. In addition, accidents recorded to this intersection from January 1, 1983 through June 30, 1984 were analyzed in order to fully evaluate the intersection. Copies of these studies are enclosed. The results of the turning movement study showed normal peaking characteristics on CSAH 17 from 7:00 to 8:00 AM and again from 4:00 to 6:00 PM. A minor peak was also noted from noon to 2:00 PM (See Sheet No. 5 of the study). Peaking characteristics on CSAH 16/Fourth Avenue are not as evident except for the period between 3:00 and 5:00 PM. Established warrants for the installation of traffic signals require that certain traffic volumes on both the major roadway and the minor intersecting street meet or exceed a certain volume for each of 8 hours on a typical day. The volumes necessary at this intersection are shown as Warrants 1 and 2 on sheets 5 and 6. As can be seen, the volumes fall considerably below the warranted requirements on CSAH 17. The installation of a multi -way stop control also requires that certain volume and traffic delay values be met. As shown on sheet 7, the warrant criteria is met for only 6 of the required 8 hours. Observations taken during the traffic study indicate that delays to traffic entering CSAH 17 from Fourth Avenue are relatively minimal and well within the tolerable range. An Equal Opportunity Employer q� CSAH 1.7 @ CSAH 16 (N. Jct.) October 5, 1984 Page 2 The speed survey on CSAH 17 gathered the following information: * The 85th percentile speed (the speed at which the Speed Limit is normally determined from) was 40 MPH in both the northbound and southbound directions. The Speed Limit is 40 MPH. * The 10 MPH pace which contains the majority of vehicles was between 30 and 40 MPH and had 73% of the vehicular speeds. Accident data obtained from the Minnesota Department of Public Safety showed seven accidents occurred within the intersection area (within 150 feet each side of the intersection) in 1933 and the first half of 1984 — four accidents in 1983 and three accidents from January through June, 1984. Four accidents were right angle accidents and three were rear -end type accidents. One accident involved personal injury. Based on this information a traffic signal or a multi -way stop control cannot be justified at this time. we are cognizant of the fact that additional growth in this area will be occurring and will continue to monitor traffic volumes at this intersection. ncerely, nn.. Bradley J so , P.E. County H ay Engineer BJL/brl Enc. cc: Joseph Ries Daniel Jobe MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Huber Park Trail Observation Platform DATE: October 12, 1984 Introduction: The City of Shakopee has received LAWCON/LCMR (Land and Water Conservation and Legislative Commission on Minnesota Resources) funding for enhancements to the Huber Park Trail. One element of the project is an observation platform which requires pre- liminary design review due to the difficult nature of under- taking development in the floodway. A proposal to do the preliminary design review has been received from Barr Engineer- ing and should be acted on by the City Council. Background: The grant proposal includes sitework, observation platform and landscaping, all of which are estimated to cost $114,900, of which $71,195 are grant dollars and $43,705 is the local match which will be expended from the park reserve fund. The observation platform is the most difficult aspect of the project and cannot easily be handled by City staff. Discuss -ion with officials from the Scott Hennepin Park Reserve'District indicated that very few consulting engineers could handle this type of project, and Barr Engineering was recommended. A proposal was solicited from Barr and received in June. I have waited until the grant contracts for this project�as ex- ecuted by state and federal officials were received by the City (which occurred this week) to act on the proposal. The total cost of the observation platform was listed as $49,500 in the grant proposal. This figure was just an estimate and may be high or low due to the fact that no other similar projects exist which could help establish a realistic cost basis. Preliminary design review is necessary due to the difficulty of undertaking development in the floodway. The proposal from Barr is attached for further information. They propose to do the preliminary design for a lump sum of $4,200, including a letter report and a presentation at one meeting. Staff is soliciting an hourly price should it be necessary for Barr to attend additional meetings. When the preliminary work is done, Barr will submit an additional proposal for the final design and specifications. Both preliminary and final design are eligible grant costs and would be considered part of the $49,500 project cost for the observation platform. Their study also includes $650 of the work labeled "Sitework" in the grant application, with a total cost of $38,400. Observer in Platfot.. � �✓ October 12, 1984 Page -2- Requested Action: Authorize Barr Engineering to undertake preliminary design of the Huber Park Trail Observation Platform including collection of information, preliminary design options and drainage and bank stabilization at a lump sum price of $4,200 to be paid from the Huber Park Trail Enhancement Project (grant and park reserve funds). JA:cah Attachment 1. 9 k6' BARR ENGINEERING CO. CONSULTING ENGINEERS DOUGLAS w BARR 6800 FRANCE AVENUE SOUTH JOHN D D,CKSON MINNEAPOLIS, MINNESOTA 55435-2062 L R MOLSATHER TELEPHONE (AREA 612) 920-0655 ALLAN GEBHARD 1-EONARD J KREMER DENNIS E PALMER June 19, 1984`` U E JUN 2 1984 Ms. Jeanne Andre' ,a City of Shakopee eai 129 East First Avenue Shakopee, Minnesota 55379 - Re: Shakopee Pedestrian Bridge and Observation Platform Dear Ms. Andre': As requested, we have prepared this proposal for providing engineering services for the design of a pedestrian bridge and observation platform which will extend from the river bank to an abandoned stone masonry pier in the Minnesota River as illustrated on the sketch entitled "Overlook, Minnesota River at Shakopee" dated September 6, 1983. The proposed scope of work includes a preliminary and final phase. The purpose of the preliminary phase is to collect information and evaluate the proposed work and options so that the scope of work and total project cost is more accurately established. The preliminary work will be utilized in the final design for the project. For this project, the pro- posed preliminary phase items and estimated engineering cost associated with each item are as follows: a. Field Survey -- A field survey of the site will be performed to establish the plan dimensions and elevations at the site. The estimated cost for the field survey is $1,200. b. Structural Design -- A preliminary design and cost estimate will be prepared for two or three options for bridge and platform structures. Since the structure will likely be below potential flood levels, the possibility of constructing a removable bridge, a bridge with removable handrails and a relatively streamline shape or a bridge capable of resisting a substantial lateral load due to debris and submergence will be a primary considera- tion for the options. In addition, the feasibility of future extension of the bridge to the next pier will be considered. The estimated engineering cost for this item is $2,350. C. Drainage and Bank Stabilization -- Methods of improving the local drainage conditions and stabilizing the banks at the site will be considered and construction cost estimated. The estimated engineering cost for this item is $650. Jean � AncirL Pag, June ly, 1984 The cost for one meeting and a letter report to describe the preliminary phase items is included in the estimated cost. If acceptable, we can perform the work on a lump sum basis at the estimated engineering cost. If all of the work described above is selected, the total lump sum price is $4,200. For the final phase, the selected option and work items will be designed and drawings and specifications required to construct the project will be prepared. In addition, we can provide assistance with bid and construction administration and provide construction quality control services. The cost for the final design and preparation of drawings and specifications can be provided after the preliminary design when the scope of work is more accurately known. We appreciate the opportunity to assist you with this project. If you have any questions concerning the proposed scope of work, please call. Sincerely, John D. Dickson JDD/111 9/c INCORPORATED 1.870 * ENGINEERING DEPARTMENT * 129 E. lat Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Steve Hurley, Engineering Technician RE; Huber Trail Restroom Landscaping DATE: October 16, 1984 INTRODUCTION: As a portion of the work on the Huber Trail Restroom Construc- tion, the landscaping remains to be done. BACKGROUND: Since the landscaping was deleted from the construction con- tract, quotes have been sought from four (4) contractors for the work— The following quotes have been returned: Creative Landscape Set -vice, Inc. 2237 Valley View Road Total $ 849.25 Shakopee, MN 55379 Trio Tree Nursery 2355 S. Marschall Road Total $1,005.50 Shakopee, MN 55379 Minnesota Valley Nursery 3232 W. 150th Street Louisville Township Total $1,041.84 Shakopee, MN 55379 Al's Landscaping & Nursery 2419 Eagle Creek Boulevard Total $1,195.80 Shakopee, MN 55379 ACTION RECOMMENDED: Accept low quote from Creative Landscaping, Inc. ACTION REQUESTED: Council authorization to enter into an agreement with Creative Landscaping, Inc. for landscaping at Huber Trail Restroom for $849.25. SH/pmp TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Market Street Study Area DATE: October 12, 19814 Introduction• At the request of a number of property owners the City Council directed staff to meet with the residents in the vicinity of Fourth and Market Street to consider the advisability of putting in certain public improvements that would provide for improvement of certain undeveloped land in the area. This memo outlines the findings of that process. Backaroun Staff broadly considered two study areas. Area I, west of Market and Area II, east of Market, each of which was considered possible to be improved independent of the other. Property data files were researched and a listing of property owners in these areas was created. A notice of a meeting to consider whether the City should consider public improvements in this vicinity was sent out. The meeting was held and those in attendance were polled, not regarding a specific plan for improvements, but as to whether they would like the City to conduct a feasibility study and consider improvements under a 429 assessment district. Since all affected parties were not in attendance, staff also sought others' comments or perspectives. A number of parties had written to express their interests. A petition circulated by residents on Fifth Avenue in 1982 was taken as an overview of their support. One other key property owner was contacted by staff to get his views. The map enclosed as "Attachment 1" seeks to summarize the viewpoints gathered from these different sources. Council should be aware that the perspectives gathered cover a period of a number of years and did not all come at one meeting with clearly outlined alternatives and costs. However this memo will be sent to all parties who attended the meeting or otherwise contacted the City, so that those persons will have an opportunity to correct any incorrect information outlined in this memo. The City Engineer met with the Community Development Depart- ment, and based on the sentiments expressed by the majority of the property owners judged that a feasibility study is appropriate for study Area I (West of Market) including some of the parcels in Area II that are adjacent to Market Street. This area is defined by the dashed line in Attachment 1. Using that study area and the acreage outlined on the "Summary of Parcels in Proposed Feasibility Study" (Attachment 2) the staff have determined the following breakdown of property owner sentiments by acreage in the proposed feasibility area. Acres % Owners I Favor Project 7.04 acres 45.5% 11 68.75% Against Project 5.59 acres 36.2% 2 12.50% Neutral 2.83 acres 18.3% 3 18.75% Included in the neutral category are parcels owned by the railroad, HRA and a City parcel not yet used as a road. If the HRA or City takes a position on their parcels, or choses to get the railroad to take a stand, the above percentages could change. However it appears that more than 35% of the affected property owners clearly favor a feasibility study. Thirty-five percent is the threshold required under 429 statutory provisions to initiate a project. The Council should realize however that some property owners are wary of the potential cost of improvements and may not support the project if costs are too high. If the engineer finds that high costs make the improvements unfeasible for R-2 (urban residential) zoning, the Council may also wish to direct that consideration be given to feasibility if the zoning were upgraded to R-3 (Mid -density residential) or R-4 (Multi -family residential). Given the amount of bedrock near the surface in this area, higher density zoning may be necessary to make any development feasible. The City Engineer has recommended that the feasibility study area as proposed can reasonably address storm sewer, sanitary sewer, water and streets without including more of Area II. It is estimated a feasibility study for this area will cost approximately $10,000 if done in-house. This expenditure will be charged to the project if it proceeds as an assessment district or will become an expenditure of the City engineering department if it does not. The City Engineer has estimated that the report could be completed by August of 1985. Alternatives• 1. Do nothing. 2. Direct staff to work with interested property owners to prepare a petition to be circulated to initiate a 429 Improvement District in the area as recommended by staff in this memo. 3. Direct staff to draft a resolution for a Council initiated public improvement district for the area as recommended by staff in this memo. 4. Follow alternatives two or three above, but for differently defined improvement district. 5. Direct City Engineer to consider increased density if necessary to make the improvements feasible, and so note in his feasibility study. "g pested Action: Direct City Engineer to draft a resolution for Council to authorize "Fifth and Market Street" feasibility study to consider potential street, water, sanitary sewer and storm sewer improvements necessary to develop the area, establishing a concept plan for those improvements, and an estimated cost. If the proposed improvements are not feasible under R-2 (urban residential) zoning, direct the Engineer to consider feasibility given higher density residential zoning. t++ + + 4 +,+ + + 4 + . . . . . . . . . . . . . . . . . Lbiaa. .......... + + ++++4-++++:: . ........... + . ............ . �). + , . . *�+ ++ ++ ++ ++ + + + + + ct -t + +++ + + + 4 + + + + +! . . . . . . . +}+. + ++ 4;.40 . . . . . . . . . ++ .... ....... 4-7w . .. . .......... 4 ......... .......... +/ . .. 7++............... + ......... + + 4-1 + + + ++45 . . +tttttt +++++ ....... . +t ++ +++++++ kk j i2,1 ++ ++++. +4t, -t++++++ . . . . . . . . . . . . . . . . kj T cz +t .......... + .......... + + ...... + + ++ f++++++ "; ...... + + + + + + + + + ++I+++++, + + + + + + + 4+ ..... o + + + A� + .. . . . . + + + + + + + + + + . . . . . . . . + + ++t+++++++++++; ............. +,+++++++++++++` +............ + + + + + V + t . . . . . . . WIT zo + + I + + + + 10 I A+-taQhment 2 SUMMARY OF PARCELS IN PROPOSED FEASIBILITY STUDY City Owned Acreage * 5th Avenue East of Spencer 0.54 * Main St. North of 6th (part) 0.26 * Market St. North of 7th, South of 4th (part) 1.86 * 906-060 0.49 HRA Owned * 097-023 Railroad * West of Market Attended Meeting: Against * 001-385 * 001-386 * 001-387 * 001-583 (* part of) 906-043 008-059 008-018 008-064 008-063 008-062 008-067 * 906-036 Favor Siebenaler 11 Ten Eyck * 906-135 Theis Neutral 032-015 E. Effertz 080-002 T. Jasper 008-017 C. Gelhaye 008-059 Raway 008-064 Green 0.65 1.69 0.196 0.196 0.196 0.196 -- 1.94 (part of) .2 .2 .2 .2 2.87 1.04 Sianed 1982 Petition * 001-388 Furst * 001-389 R. Doepke * 001-584 E. Johnson * 001-582 W. Doepke * 001-581 Stieg * 001-580 Brody * 001-017 436 Informed Staff Favor Improvements Acreage 427 E. 5th 0.196 435 E. 5th (Schultz) 0.196 404 E. 5th 0.196 420 E. 5th 0.196 430 E. 5th (Hein) 0.196 436 E. 5th .07 * 906-134 .3 * 010-016 E. Brown .7 * 906-117 D. Smith 2.28 * 906-116 R. Effertz .74 * 008-019 .23 * 906-132 G. Gelhaye 1.02 * 906-133 .32 1.84 * 906-134 .5 * Denotes parcels in proposed for inclusion in feasibility study. Those parcels not * are in Area II and are not proposed to be included at this time. CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379.1376 (612) 445-3650 October 4, 1984 Mr. Eldon Reinke, Mayor City of Shakopee 129 E. First Avenue Shakopee, MN 55379 RE: Downtown Improvements Dear Eldon: As you know, the Downtown Revitalization Plan has been adopted by the City Council and the major task of implementation lies ahead. During the review process Mr. Lebens brought up the question of possible storms sewer laterals to be constructed in the Downtown Area. The Downtown Committee was unaware of this fact, but agreed with Mr. Lebens that work of this nature should be coordinated with any streetscape improvements that we propose. Discussions with the City Engineer pointed out that for the storm sewer to be addressed, a number of related issues must be dealt with, including: 1) New storm sewer assessment policy. 2) Preliminary cost estimates for the storm sewers and comments on how they interact with design considerations for the streetscape. 3) Issues of phasing, including whether storm sewers can be built in stages, or must be handled in a larger area, perhaps extending beyond the nine block area we've proposed for the initial streetscaping. In order for the project to move forward I ask that the City Council and City Engineer address these questions by February 1, 1985. With this deadline I think it is possible that some sort of demonstration project can still occur in 1985. Please discuss this question with the Council and staff to see if this timetable is feasible. If not, please let me know what will work so we can revise our time schedule accordingly. Sincerely, Gary La Chairman Downtown Committee CC: Bo Spurrier John Anderson Jeanne Andre 7'17 11 0 rt o1 hr (7ress lea11e►t An Equal Opportunity Employer CiTY 02 SAO KOPLE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445.3650 October 4, 1984 Mr. Barry Kirchmeier,Chairman Shakopee Public Utilities Commission 1030 E. Fourth Ave. Shakopee, MN 55379 RE: Downtown Improvements Dear Chairman Kirchmeier and Commissioners: 7-,2- M/y iw�;aCR�a .., 1. K0111-1 f As you probably know, the City Council approved the Downtown Revitalization Concept Plan at its September 11, 1984, meeting. A copy of this plan was forwarded to Lou VanHout last June, and I presented general background on the plan to the Commission last winter. Now that the City Council has generally approved the plan, City staff and the Downtown Committee are looking at setting a time schedule and mobilizing the resources to undertake the plan. Since there are many players who will be involved in any downtown improvement district, we now seek your Commission's imput as to the cost and phasing of undergrounding electrical main lines and services downtown and any new street lighting that will be neces- sary. We are hoping that the proposed downtown improvements can be completed within a ten year period, and would like to aim for completion in five years, with some activity in 1985. If there are electrical lines that must be dealt with quickly, or others that must be done at the end of the project, these factors should be included in our scheduling. Also, if we are to look for finan- cing for these improvements, we need to have a better estimate of the costs. To this end, we ask that you provide the Committee with more information on the estimated costs and optional phasing of pro- posed electrical undergrounding and new street lights. The initial focus of our efforts is the area bounded by the river to the north, Third Avenue to the south, Atwood on the west and Sommerville on the east, although you should also inform us if your work would need to extend outside these boundaries to be effective. 7'h c 11 o z r f o f 1)ro y res s V a /l c it An Equal opportunity Employer .< q•,agpk,r�f»m.nrynae"c�k+rrwuw�c• ..«r;.�'?€'�., "�7 A-�q+�'!�9'iPRT'ATa�F"'T"W11MARei�,.'F'i'Z''�„'rrr^..,..".�'a. �h,... .*• �+Yti'M W!�+ �' rs "ii . �_ �.L._L --- .__.: _St, :,., .�h �t+t�ti't�'i++����I:�f�i1313�"lll:t'lit""�,. � 1r n+t�aiw•v'�X"�S"�iei.�:'.� tlt�t',�. I understand that you are very busy now with plans for hydro -electric generation and acquisition of new lines. However I would ask you to look at the areas I have outlined above and provide an overview to the Downtown Committee by February 1, 1985. If this schedule is not optimal for you, please let me know what time frame would work for you. Thanks for your help. I hope you find the downtown plan as exciting as we do. Sincerely/nt .z� J � Gary La r Chairman Downtown Committee CC: Lou VanHout Eldon Reinke John Anderson Jeanne Andre `1F TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Employment Contract with Barry Stock DATE: October 11, 1984 Introduction and Background: At its October 2, 1984, meeting the City Council directed staff to draft an employment contract with Barry Stock for the Administrative Intern position. Attached is a copy of the con- tract that has been prepared. Requested Action: Direct appropriate City officials to execute an employment contract with Barry Stock, effective October 15, 1984. EMPLOYMENT AGREEMENT SECTION ONE Terms of Employment The term of this Agreement shall be for a period of at least one but no more than two years, commencing October 15, 1984. Employee agrees not to seek other employment within a one (1) year period from and after date of this Agreement, unless authorized to do so by the Employer. The employee agrees to provide two weeks written notice of termination of this agreement. No reverence pay will be paid unless the Employee meets these terms of employment. SECTION TWO Compensation of Employee Employer shall pay Employee, and Employee shall -accept from Employer, in full payment for Employee's services hereunder, compensation at the rate of $5.75 per hour for services rendered for a normal 40 hour week, with overtime or compensatory time to be paid for work in excess of a 40 hour week when authorized in advance by the Employee's supervisor. Annual percentage increases authorized for all other City employees will be applied to the stated initial wage rate. Attendance at evening meetings as outlined in the employee's job description shall be considered a part of the employee's normal 40 hour work week. The employee shall plan his schedule such that it conforms to a 40 hour work week, unless, at his election and with prior approval, he chooses to work more than 40 hours, in which case he may carry over compensating time on the basis of one hour of compensatory time for one hour worked. SECTION THREE Employee Benefits Hospitalization Insurance and Long Term Disability: Employer shall provide to Employee such group hospitalization and long-term disability insurance as is provided to full-time employees of the Employer, and on the same basis. Life Insurance: Employer shall provide to Employee such group term life insurance as is provided to full-time employees of the Employer, and on the same basis. Vacation, Holidays and Sick Leave• Employer shall provide to Employee such vacation --holiday and sick leave as is provided to full-time employees of the Employer, and on the same basis. SECTION FOUR Other Terms If not otherwise established by this contract, all other terms of employment shall be established by the Shakopee Personnel Policy as adopted, March 5, 1980, and periodically amended. SECTION FIVE Job Description A complete job description outlining the employee's duties is attached and made a part of this agreement. SECTION SIX Execution In witness whereof, the parties have executed this Agreement at Shakopee, Minnesota on the day of EMPLOYEE Barry Stock EMPLOYER Mayor City Clerk City Administrator 1984. MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment to Board of Directors of Shakopee Community Access Corporation, Inc. DATE: October 12, 1984 Introduction There is currently a vacancy on the Board of Directors of the Shakopee Community Access Corporation, Inc. because of the recent resignation of Barbara Hegfors. Background The By -Laws of the Corporation provide that any member of the Corporation interested in appointment must receive support from 20% of the members in good standing in order to place their name in nomination for appointment by the Council. Mr. Morke, Chairman, has submitted the attached petition support- ing the appointment of Clifford Stafford. Action Requested Nominate Mr. Clifford Stafford to the Board of Directors of the Shakopee Community Access Corporation Inc. to fill the unexpired term of Barbara Hegfors until January 31, 1985. JSC/jms September 25, 1984 J Shakopee Community Access Corp. P.O. Box 273 Shakopeee, Mn. 55379 Dear Gary, Thank you for informing me of the open position on the board of directors of the SCAC. I am deeply interested in contributing in what ever way possible to help achieve the goals of the corporation. It is my desire therefore to submit my name for nomination to the open position on the board. As an active and concerned citizen of the City of Shakopee, I feel the SCAC will become a vital part of communication for the people of Shakopee. I would like to have this opportunity to contribute any talents I possess to the SCAC and Shakopee's citizens. Please present my application to the board of directors and I will await your reply. Sincerly, e�� Cliff Stafford C' PETITION / Cj We the undersigned members of the Shakopee Community Access Corporation support Clifford Stafford as a new Board Member. (Appoint requires 20% of members in good standing.) There are currently 24 members in good standing. MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Adm. Intern RE: Report on the City of Shakopee's compliance with Office of Revenue Sharing Handicapped Regulations Implementing Section 504. DATE: October 12, 1984 Introduction and Backqround: In 1973, Congress passed the Rehabilitation Act, and amended it the following year. One important part of the Act, Section 504, prohibits discrimination on the basis of handicap in federal assis- tance programs such as the federal general revenue sharing program. Last October, the Office of Revenue Sharing (ORS) issued regulations implementing Section 504. These regulations require that all cities receiving general revenue sharing (GRS) funds must: 1. Complete a self-evaluation to determine areas of non- compliance with the handicapped regulations by October 17, 1984. 2. Make non-structural changes necessary to comply with the regulations by October 17, 1984. 3. Make structural changes if necessary to comply with the regulations by October 17, 1986. 4. Adopt a grievance procedure to resolve complaints of handicapped discrimination by October 17, 1984. 5. Take continuing steps to notify the public of changes made to improve access to programs and services. At this time the City of Shakopee has completed all the require- ments as listed above. In the evaluation of city buildings staff identified numerous building features which are not accessible. For each city building staff has outlined a renovation schedule which addresses each of the inaccessible features. These schedules are part of the handicapped evaluation plan which is on file in City Hall. The majority of the renovation work is scheduled for 1986. City Council will therefore have to authorize spending for structural changes in the 1986 budget process. Common features in the renovation schedules for most city buildings include the following: 1) providing a designated handi- capped'parking spot. 2) Curb cuts. 3) Doors must open in a single effort (door handles must be grab or lever type.)4) Water fountains must have up front controls and spouts. 5) No warning signals (fire). 6) Exit signs not easily identifiable. 7) Most restrooms have inaccessible features. In staff's evaluation of all city buildings in which services are provided, City Hall was found to be the least accessible and accordingly the most costly to renovate. Cost projections for the restrooms alone range between $28,000 and $32,000. Because the City is currently utilizing cable T.V. to broadcast meetings, the council chambers will not have to be renovated. In the event that a handicapped person requested to appear before the council the City could move the meeting to a more accessible building. Attached is a preliminary Section 504 Transition Plan Outline. The plan identifies the inaccessible features in each city building. The city building inspector will be using this plan to get renova- tion cost estimates for each feature. Employment practices were also considered in the handicapped evaluation. Staff has reviewed the city's job descriptions and hiring practices and found no areas in which the city discriminates against qualified disabled applicants. The city may however wish to pursue the idea of using radio and cable T.V. as a mode for announcing job vacancies. This would further ensure that announce- ments for job openings reach disabled persons. Finally, the ORS regulations require that the city take contin- uing steps to notify the public of changes made to improve access to programs and services. Shakopee will use cable T.V., radio, and newspaper announcements to meet this requirement. The city may also wish to identify all the handicapped people in Shakopee using a short survey which could be mailed through the utility bills. A file could then be established in City Hall and -these individuals could be directly contacted when a city issue or program comes up that may affect them. Staff would not initiate this idea without prior approval from council. The ORS does not require that cities take any formal action approving the handicapped evaluation and transition plan outline. Staff would however like the city council to approve a motion accepting staffs report on the City of Shakopee's compliance with the ORS handicapped regulations implementing Section 504. Alternatives: 1. Accept the report submitted by staff on the City of Shakopee's compliance with the ORS handicapped regu- lations implementing Section 504. 2. Do not accept staffs report. Recommendation: Staff recommends alternative #1. Action Requested: Move to accept the report submitted by Barry Stock, Admin. Intern, dated October 12, 1984, on the City of Shakopee's compliance with the Office of Revenue Sharing handicapped regulations implementiing Section 504. Preliminary Section 504 Transition Plan Outline Name of Facility: Municipal Services Building Feature Tentative Renovation Schedule Beginning Date Ending Date 1 Feature Present State ANSI Standard 1. Parking No reserved parking for handicapped Sec. 4.3 2. Curb Cut Gradient to steep Sec. 4.2 3. Doors Cannot be opened in a single effort Sec. 5.3.2 4. Restrooms (Mens) Turning space insufficient Sec. 5.6.1 5. Restrooms Drain pipes not covered or insulated Sec. 5.6.3 6. Restrooms No shelves Sec. 5.6.4 7. Restrooms (Mens) Stalls less than 4'-8" deep Sec. 5.6.2 8. Water Fountains No up front hand operable controls Sec. 5.7.1 9. Warning Signals No fire or warning alarms Sec. 5.12 10. Identification Rooms not adequately identified Sec. 5.11 Feature Tentative Renovation Schedule Beginning Date Ending Date 1 11/15/84 11/15/84 2 4/01/85 4/i5/85 3 4/01/86 4/30/86 4 4/01/86 4/30/86 5 4/01/86 4/30/86 6 4/01/86 4/30/86 7 4/01/86 4/30/86 8 4/01/86 4/30/86 9 4/01/86 4/30/86 10 4/01/86 4/30/86 Name of Facility: Shakopee City Hall Feature 1. Parking 2. Curb Cut 3. Doors (front) 4. Stairs 5. Restrooms 6. Water Fountain 7. Identification 8. Warning Signals 9. Exit Signs Present State No reserved parking for handicapped No curb cut front access or back Cannot be opened in a single effort Handrail does not extend 18" beyond top and bottom step Totally inaccessible No up front hand operable controls Rooms not adequately identified No fire or warning alarms Not easily identifiable Tentative Renovation Schedule q -2v ANSI Standar(- Sec. 4.3 Sec. 4.2 Sec. 5.3.2 Sec. 5.4.3 Sec. 5.6 Sec. 5.7.1 Sec. 5.11 Sec. 5.12 Sec. 5.13.6 Feature Beginning Date Ending Date 1 11/15/84 11/15/84 2 3/01/86 4/30/86 3 3/01/86 4/30/86 4 3/01/86 4/30/86 5 3/01/86 4/30/86 6 3/01/86 4/30/86 7 3/01/86 4/.30/86 8 3/01/86 4/30/86 9 3/01/86 4/30/86 Name of Facility: Shakopee Community Library Feature 1. Restrooms 2. Restrooms 3. Restrooms 4. Restrooms 5. Water Fountain 6. Identification 7. Warning Signals Present State Pipes not insulated Towel dispensers higher than 40" Disposal units higher than 40" No shelves No up front hand operable controls Rooms not adequately identified No fire or warning alarms Tentative Renovation Schedule Feature Beginning Date 1 5/01/86 2 5/01/86 3 5/01/86 4 5/01/86 5 5/01/86 6 5/01/86 7 5/01/86 �- 4 ANSI Standard Sec. 5.6.3 Sec. 5.6.4 Sec. 5.6.6 Sec. 5.6.4 Sec. 5.7 Sec. 5.11 Sec. 5.12 Ending Date 5/30/86 5/30/86 5/30/86 5/30/86 5/30/86 5/30/86 5/30/86 Name of Facility: Shakopee Fire Hall Feature Present State ANSI Standard 1. Parking No parking reserved for handicapped Sec. 4.3 2. Doors Cannot be opened in a single effort Sec. 5.3.1 3. Floors No non -slip surface Sec. 5.5.1 4. Restrooms Drain pipes not covered or insulated Sec. 5.6.3 5. Restrooms No shelves Sec. 5.6.4 6. Water Fountain No water fountain Sec. 5.7 7. Identification Rooms not adequately identified Sec. 5.11.2 8. Warning Signals No fire or warning signals Sec. 5.12 9. Exit Signs Exits not easily identifiable Sec. 5.13.6 Tentative Renovation Schedule Feature Beginning Date Ending Date 1 11/15/84 11/15/84 2 6/01/86 6/30/86 3 6/01/86 6/30/86 4 6/01/86 6/30/86 5 6/01/86 6/30/86 6 6/01/86 6/30/86 7 6/01/86 6/30/86 8 6/01/86 6/30/86 9 6/01/86 6/30/86 Name of Facility: Levee Drive Hi -Rise - Congregate Dining Feature 1. Stairs 2. Identification Present State Handrail does not extend 18" beyond top and bottom step Rooms not adequately identified Tentative Renovation Schedule Feature Beginning Date 1 3/01/86 2 3/01/86 ANSI Standar( Sec. 5.4.3 Sec. 5.11.: Ending Date 3/15/86 3/15/86 C T TY OF'..__.._SH._AKCJPFF INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 TO: John K. Anderson, City Adm i n i st ra FROM: H. R. Spurrier, City Engineer SUBJECT: Valley Park Drive and 12th Avenue DATE: October 16, 1984 INTRODUCTION: Attached is Change Order No. 3 along with a letter of explana- tion from Steven Harvey, Valley Engineering Co.for the above referenced project. BACKGROUND: There is no other alternative to this proposed action short of condemnation. RECOMMENDATION: Approve Change Order No. 3. ACTION REQUESTED: 1. Motion to approve Change Order No. 3 in the amount of $6,535.95. HRSfpmp Civil Engineers Land Surveyors Planners 9 /L ValleyEngineerino Co., Inc. Q (612) 447-2570 P.O. Box 478, Suite 120C 16670 Franklin Trail S.E. Prior Lake, Minnesota 55372 October 9th, 1984 City of Shakopee Department of Engineering 129 East lst Avenue Shakopee, Minnesota 55379 Subject: Project 1984-5 Attn: Bo Spurrier Since Twin City Tile &;Marble Company has withheld the granting of easements across the northeast corner of Lot 1, Block 4, Valley Park 1st Addition, we have had to consider a re -design for the storm sewer outfall within the available right- of-way on Valley Park Drive. The re -design is a longer, closed system as opposed to the shorter open culvert system originally shown in the plans. As a result, more hydraulic capacity is needed in the outfall pipe. Consequently, a 21 inch rather than an 18 inch pipe is needed to convey the five year design discharge. Furthermore, the original design would have provided a positive outlet for the major design discharge. The redesign provides no such outlet from Lot 1, Biocl: 4. In order to facilitate the construction for the redesign Change Order No. 3 needs to be executed. An itemization of costs, the change order form, and the revised plan inset are attached. Please review and approve these documents. Since ly, i Steven D. Harvey, P . Ec2/ Change Order No.: 3 Date: 10-9-84 Original Contract Amount CHANGE ORDER Street Construction .... Valley Project Name: Park Drive a_nd 12th Avenue Contract No.: 1984-5 Change Order(s) No. 3 thru No. 3 Total Funds Encumbered Prior to Change Order $ 755 R156.50 $ 6,535.95 $ 765,156.50 Description of Work to be (Added JDGD&Ed�: Exchange 18" RCP culvert outfall system in Lot 1, Block 4 of Valley Park lst Addition with a 21" RCP storm sewer system within the available public right-of-way as shown in the attached drawing, in accordance with the attached itemized cost schedule. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increased/OOgU ) by $ 6,535.95 The number of calendar days for completion shall be (increased/decreased) by 0 Original Contract Amount $ 755,156.50 Change Order(s) No. 1 thru 3 $ 16,535.95 No. 1 is recinded) Total Funds Encumbered $ 771,692.45 Completion Date: June 28, 1984 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. REVIEWED: Contractor: Richard Knutson, Inc Shakopee Public Utilities Commission Title: i Date: /, -, Manager Date APPROVED AND RECOMMENDED: City Engineer APPROVED: City of Shakopee By: Mayor City Administrator City Clerk REODn ENDED FUR ',APjPJ�OVAL : VI) j liter, Date Design Engineer Date Date Date Da, "e Approved as to form this City �' rney day of 19 Civil Engineers UNITS UNIT Land Surveyors ITEM UNITS QUANTITY PRIG 1 Planners TOTALS Jacked 18" RCP CL. 5 Under Rail L.F. CT .AN, ValleyEngineering 5,160.00 Co., Inc. Q $ 21.65 (612) 447-2570 P.O. Box 478, Suite 120C 18" Conc.-Apron Each 3 $ 650.00 16670 Franklin Trail S.E. 1,950.00 Subtotal $ Prior Lake, Minnesota 55372 October 9, 1984 STORM SEWR FhDESIGN Sta 42+47 Valley Park Drive DELETIONS ADDITIONS ITEM UNITS UNIT PRICE ITEM UNITS QUANTITY PRIG TOTALS Jacked 18" RCP CL. 5 Under Rail L.F. 40 $ 129.00 $ 5,160.00 18" RCP CL. 5 L.F. 219 $ 21.65 $ 4,741.35 18" Conc.-Apron Each 3 $ 650.00 $ 1,950.00 Subtotal $ 6,600.00 $ 11,851.35 ADDITIONS ITEM UNITS QUANTITY PRICE TOTALS Jacked 21" RCP CL. 4 in Steel Casing or Jacked 21" RCP 4000 D Load L.F. 40 $ 165.00 $ 6,600.00 21" RCP CL.4 (including insulation & traffic control) L.F. 148 $ 35.10 8,704.80 21" Conc. Apron Each 1 $ 1,035.00 $ 1,035.00 Standard Manhole Each 1 $ 925.00 $ 925.00 Remove Pavement S.Y. 200 $ 1.00 200.00 Agg. Base Modified CL. 5 Ton 75 $ 5.30 $ 397.50 2" MnDOT 2331 Binder Ton 25 $ 21.00 $ 525.00 Subtotal $ 18,387.30 TOTAL ADDITICNS MINUS DELETIONS $ 6,535.95 C I TY_0E-_ RPSHA I�_CD_PEa INCQORATED 1870 * ENGINEERING DEPARTMENT 129 E. Ist Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 TO: .John K. Anderson, City Administrator FROM: Ray G. Ruuska, Engineering Coordinator SUBJECT: Horizon Heights Drainage Project DATE: October 4, 1984 INTRODUCTION: The above project has just recently been completed. Final quantities for this project have now been totaled. Be- cause of a large amount of scrap truck tires, stumps, and other deleterious materials excavated at the project site, the quan- titiy for "Earth Fill" has increased by 77 percent. These materials were found beneath the drainage structure location and had to be removed. Attached is Change Order No. 1 which increases the Contract by $3,729.60, approximately -30 percent of the total Contract amount. FACTION REQUESTED: A motion authorizing proper City Officials to execute Change Order No. 1 for the Horizon Heights Drainage Project, for a total increase of $3,729.60. / ,9 ) Approvedor Submittal H. R. Sper ier, City Engineer RGR/pmp IV Change Order No.: 1 Date: October 1, 1984 CHANGE ORDER Project Name: Horizon Heights Drainage Contract No.: ------- Original Contract Amount $ 12,486.23 Change Order(s) No. thru No. $ 0 Total Funds Encumbered Prior Lo Change Order $ 12,486.23 Description of Work to be (Added/Deleted): Increase Earth Fill Quantity from 650 C.Y. to 1154 C.Y. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increased/UXXXXM) by $ 3,729.60 The number of calendar days for completion shall be (increased/decreased) by 0 Orl gri.nad- Coi) tract Aiiioun L $-12. 4 86. 2 3 Change Order(s) No. 1 _ thru $ 3,729.60 Total Funds Enctribered $ 16,215.83 Completion Date: Same The undersigned Contractor he.reby agrees to perform Lhe work specified in i,l.i.s _in i7cC01'&1T1C(2 with the specifications, concli.,ion: and prices specified herein. Contractor: 1i BY: Title: Date: A 'P iOVED'I EC01+114W . f i, En e -r \ D to APPROVI,D: City of \Shukohee h'y : Mayor Date City Administrator Date City Clerk Date Approved as to form this City Attorney day of 19 9l MEMO TO: John K. Anderson, City Administrator FROM: LeRoy Houser, Building Official RE: Energy Savings DATE: October 11, 1984 Introduction: Advanced Energy Systems, Inc. has completed their City building energy audit. Background: It is Advanced Energy Systems opinion, if we spend $4,000 on the controls outlined in their attached report the payback should be about 3.5 years. Alternatives: 1. Don't do the recommended changes. 2. Do only one and monitor for one year to see if savings projected are realized. Recommendation: I recommend we do the Fire Station, Public Works, Library and City Hall for a total cost of $4,000.00 Action Requested: Authorize the Building Inspector to enter into a contract with Advanced Energy Systems, Inc. to perform the work outlined in their proposal for the sum of $4,000.00. Direct the Finance Director to amend the budget by $4,000.00 to cover this expenditure from 1984 contingencies. LH:cah Attachment AESADVANCED ENERGY SYSTEMS, INC. /9335 SCIENCE CENTER DRIVE/NEW HOPE, MN 55428 612/536-8830 October 1 0 , 1984 Mr. Leroy Hauser City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Leroy, Attached are the changes requested on our energy conservation proposal for Shakopee. I've also included the detailed work summary, price listings and indicated sav- ings analysis you requested. Our earliest available work start up date would be the week of November 5th. Please notify me of this when you would like work scheduled. Thanks very much and I look forward to working with the city. Sincerely, Gary fusa Energy Consultant GU/ch enclosure (3 ENERGY MANAGEMENT SPECIALISTS INDICATED SAVINGS ANALYSIS Public Library The two Paragon EC -71 Time Controllers will be controlling the following loads: 1. Rooftop a/c heat package unit. 2. Rooftop a/c package unit. 3. Two bathroom electric baseboard heaters. 4. One entrance electric baseboard heater. 5. one meeting room electric baseboard heater. Essentially the controllers will turn the air conditioning off during unoccupied times. The controllers will also set temperatures down during heating months. By accurately controlling all HVAC equipment in the Library, the City of Shakopee can expect to see reduced equipment run times during the following hours: 8:00 p.m. to 10:00 a.m. 5:00 p.m. to 10:00 a.m. All Day Monday through Thursday Friday and Saturday Sunday This gives us a total of 114 hours of set back possible each week. Since we assume that some degree of set back is already being used, the City can realistically expect to see a 7% to 12% reduction in energy bills. Fire Station The Fire Station HVAC equipment will all be controlled by a panel consisting of four timed push button switches. HVAC equipment will only run for a pre-set period of time (60 minutes) and will then shut off until overridden again by the panel push buttons. This system will insure that equipment will never run when not needed. We anti- cipate between a 12% and 20% reduction of energy used at the Fire Department. Public Works HVAC equipment in the Public Works will be controlled by a Paragon EC -74 four channel microprocessor. Since there are so many thermostat control points at the Public Works, we doubt if a consistent set back practice has been maintained. We anticipate between a 15% and 20o reduction in energy use during the heating season. INDICATED SAVINGS ANALYSIS CON'T City Hall The energy cost reduction of one set back controller is difficult to measure when located in a building with many other control points. As a general rule set back will result in a 10o to 20o reduction in energy consumption.' Advanced Energy Systems will do a very accurate savings analysis if requested by the customer. A Honeywell computer simulation can be compared to AES calculations in providing this information. y�K WORK SUMMARY - PUBLIC WORKS Materials: 1 - Paragon EC -74/48B 24 Volt Energy Management Controller (4 channel) 1 - Power Supply 6 - Minimum Temperature Override Thermostats 4 - Electrical Contactors 6 - 24 Volt Relays and Sockets - All Teflon Wire needed to complete installation - All Miscellaneous Materials needed for installation Labor: - Install, mount and power Paragon Controller - Install, mount and wire six minimum temperature override thermostats to controller - Install contactors and wire to control the following: a) All infra red heaters b) All three electric baseboard heater units - Install relays/sockets and wire to control all five (5) gas fired hanging unit heaters Work permits will be obtained for this job. Controller will be mounted in office. Total cost for all material, labor, training and follow up: $1,665.00 WORK SUMMARY - PUBLIC LIBRARY Materials: 2 - Paragon EC -71's Time Controllers 1 - Minimum Temperature Override Thermostat 6 - Contactors to control the following: - Two Bathroom Electric Baseboard Heaters - Entrance Electric Baseboard Heater - Meeting Room Electric Baseboard Heater 2 WORK SUMMARY - PUBLIC LIBRARY - CON'T - Rooftop AC/Heat Package Unit - Rooftop AC Package Unit - All Teflon Wire necessary to complete installation - All Miscellaneous Materials needed to complete installation Labor: - Mount/install and power two (2) Paragon EC -71's energy controllers - Install and wire to controller the override thermostat - Install panel, contactors and wire necessary to control all items listed under contactor materials A work permit will be obtained for this job. Controllers will be mounted in the electrical panels. Total cost for all materials, labor, training and follow up: WORK SUMMARY - FIRE STATION Materials: 1 - Controller Panel Consisting of: 1 - Panel Plate 4 - Push Button Switches 4 - Override Timers 9 - Relays and Sockets 1 - Transformer 3 - Override Minimum Temperature Thermostats 9 - HVAC Relays and Sockets 9 - HVAC Mounting Boxes - All Teflon Wire to complete installation - All Miscellaneous Materials needed to complete installation 0 WORK SUMMARY - FIRE STATION - CON'T Labor: - Build and install HVAC controller panel - Connect station exhaust unit to control panel - Connect six (,6) gas fired unit heaters to control panel - Connect rooftop heat/cool (Singer) package unit - Connect rooftop cooling only (BDP) package unit Controller will be mounted in operations office. Total cost for all material, labor and follow up: d•1 n1 n nn Materials: WORK SUMMARY - HALL 1 - Paragon EC -71 Time Controller 1 - Transformer Power Supply 1 - Minimum Temperature Override 1 - Relay and Socket - All wire and miscellaneous needed to complete installation Labor: - Mount Paragon EC -71 and wire to HVAC unit - Mount override thermostat and wire - Power EC -71 unit and program Total cost for all material and labor: $341.00 3 MEMO TO: Mayor and Council FROM: John K. Anderson RE: Timber Trails Park Grading and Seeding DATE: October 8, 1984 Introduction The Shakopee City Council, at its August 23, 1983 meeting passed a motion to resolve the developer agreement problem for Timber Trails. That motion called for the developer to pay the $5,000 committed for the park development and for the City to develop a general purpose field on the proposed park land. Problem M -e --developer has made the $5,000 in park dedication fee payments. The City has received proposals for the park grading and seeding and the proposals exceed our earlier estimates of $3,400 provided to Council by staff. The attached memo from Ray Ruuska details the proposals the City received for this work. Alternatives i-TFie City can proceed with the project and award the contract to Busse Construction, Inc. at $10,300. The Engineering Department feels that Busse Construction can do an excellent job and that their committment to complete the work by October 31st is a desireable aspect of their proposal. The award of the contract would meet the desires of the neighborhood and the developer, because a park would be put in place which would help market the existing homes and vacantlots in the development. The problem is that the low bid of $10,300 exceeds the designated revenue for the project by $5,300. This $5,300 can be taken from the Park Reserve Fund in 1984 from its unappropriated balance of $123,225. The City Engineer explained that part of the difference in his estimate and the bid was that the bid is based on leveling the total area whereas his estimate didn't accomplish that. Using Park Reserve Funds to make improve- ments to dedicated park lands in sub -divisions is appropriate. We have used Park Dedication Funds to acquire additional park land for the East Side Park and to make erosion improvements in the Horizon Heights Park lands dedicated to the City. 2. Require that the sub -division bear the total cost of the improve- ment. This would require that the City either assess the property owners or somehow assess the developer. There is poor legal precendent for this, but the residents might participate to some degree. 3. Reduce the scope of the project so that the costs do not exceed $5,000. This cannot be done by scaling back the amount of earthwork performed under the present low bid. The seeding and mulching could be eliminated if the neighborhood would volunteer to do this work. This wnflld only cut $500 off the low bid. Page 2 Timber Trails Park Grading and Seeding Recommendation I recommen alternative No.l for the reasons listed above. Any further negotiations with the developer or the residents would probably mean the project could not be completed this fall. I think there is a general benefit to the City if the playfield is graded and seeded, because it will rollshthpussell lots in eliminating themefromails the listhlll put h em on the tax ofpropertytax parcels in default on their taxes. Action requested Aut-iorize the appropriate City officials to enter into an agreement with Busse Construction, Inc. to perform grading and restoratioq of Timber Trails Park in the amount of $10,300. wb`9 =-' /t 1V INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Timber Trails Park Grading DATE: October 4, 1984 INTORDUCTION: Quotations have been received for the above referenced work. Interested Contractors and their quotations are as follows: Busse Construction Inc. 13001 Belle Plain Trail $10,300.00 Belle Plain, MN 56011 S. M. #lent ge5 & Sons P.O. Dox 142 $12,794.00 Shakopee, MN 55379 Beuch Excavating 916 Atwood Street $13,800.00 Shakopee, MN 55379 F. F. Jedl icki, Inc. 14203 W. 62nd Street $13,875.00 Eden Prairie, MN 55 344 C. S. McCrossan, Inc. Box 247, 7865 Cty. Rd. 18 N. $16,850.00 Maple Grove, MN 55369 BACKGROUND: These quotations are based upon complete grading of the site according to the plan done by this department, 4" of topsoil placed and seeding is also included. Busse Construction, Inc., which submitted the lowest quote has also stated that they would complete this work by October 31, 1984. 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P4 P. rH_ r4 cn Q ;-1 Q 41 :I: Q Q U H JJ +1 4J iJ 41 11 1.1 C4 •a) H rl r{ r I H H a n4 44 o Irl Ir) H n O O% O all O -t M �t M N O r- p M O Irl NO Ey ul I �-o Ir) Lr,) Irl H rn rn p � O1% �.O t` ON --+ 110 Irl � O I'D N O Irl r� C �.o ir) `0 •-a r- <j- Irl N .-+ aN Irl 'O 00 .-i ^ M M - Irl < .-a M Lr) ^ ^ ^ Q)- CN � •—+ u•) .-1 NCS Fyl VO L O O O O O O O O O O O O O H '� � H H H H H H H H CD O O d O O O O O O O O O O d � H Lf') tr) 00 CO 00 M x CO 00 CO O O O O O O O O O O - O O O O O O O O d O O ^ O t i- d O O d O O O O O - O CO U d O O O O O O O O O O - L' O d O O d O O O O O i, O -t Lr) O ON H O R H O O r., N M N N N N N "a ra G M N M N O Cl) Ol O� a� <T Q1 01 t n M .--a tr; trl ir) M 00 M 00 00 c0 �` O O n O \D 0'� --A N --a Ln 00 H Q\ 00 00 --+ N r� N O �- N t\ N•-+ 0 O N � 00 t!r H N c. {..1 4-1 41 En cn > ::; ;I O ro �4 p cn ,x >4 GHH :J cd Sr H r 1 JJ Cl, 34 -W •� Cl) al Cil •N r-1 Pa C U I 3 >1 -H ca a) m o v m iJ C7 R; 0c) cn as �:D I I I I I I H O H O cJ Irl r- oo 00 ?10 TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Richard's Pub citations DATE: October 11, 1984 INTRODUCTION Council on October 2, 1984, directed City Attorney Coller to submit a report on the five citations issued to Richard's Pub. BACKGROUND On the following dates the police department issued citations for violations of the noise ordinance (Creating a Public Nuisance):: May 7, 1982 May 5, 1982 May 28, 1982 June 15, 1982 June 16, 1982 After a number of continuances at the request of the defendant's attorney, the cases were heard on December 12, 1982. The presiding Judge dismissed the charges providing no further violations occur until June 1, 1983, a six month period of time. On August 9, 1983, the mayor and city administrator met with Mr. Hanover regarding several concerns set forth by the City including the noise problem. The above example is the basis for my recommendation of September 10, 1984, stating council should consider suspending the establishments license for any further violations. .r a Chicago, Milwaukee, St. Paul and Pacific Railroad Company 516 West Jackson Boulevard Chicago, Illinois 60606 Phone 312/648-3000 Chicago - September 21, 1984 Refer to: S - MN - Shakopee City of Shakopee Mr. Julius A. Coller, II Attorney at Law 211 W. First Avenue Shakopee, MN 55379 Dear Mr. Coller: This will acknowledge your letter of September 12, 1984 written in behalf of the City of Shakopee City Attorney concerning the City's interest in purchasing our former right of way located between Market and Fourth Streets in the City of Shakopee, Minnesota. I have indicated in red on the attached print the property that the inquiry is made about. The area contains approximately 71,742 square feet. On June'20, 1983, we conveyed the parcel on the west side of Fillmore Street to the City at a sale price of $.55 per square foot. Keeping in mind our pleasant relationships in the past and your excellent cooperation, I think that $.55 per square foot would be a fair market price for the property as indicated by red ouline on the attached print. If you are agreeable, please advise and I will send you a sales agreement letter to cover. With best kindest personal regards, I remain Sincerely s, R. Gregory Regional Mgr. -Property Mgt. 312/648-3018 RJG/jd/64 Memo To: John K. Anderson, City Administrator From: Marilyn M. Remer, Personnel Re: Amend Personnel Policy Date: October 12, 1984 Introduction & Background At its October 2, 1984 meeting the City Council directed staff to amend the Personnel Policy by creating a new category "Contracted Employee" which would allow Council to deviate from standard temporary or permanent classifications on a case -to -case basis. Attached is Resolution No. 2328 making that desired change. Action Requested Move to adopt Resolution No. 2328 Amending the City of Shakopee -_Personnel adopted by the Resolution No. 1571. RESOLUTION NO. 2328 A RESOLUTION AMENDING THE CITY OF SHAKOPEE PERSONNEL POLICY ADOPTED BY THE RESOLUTION 1571 WHEREAS, Resolution No. 1571 was adopted to provide reasonable and clear expectation for the conditions of employment for it's employees; and WHEREAS, it is necessary to amend certain sections of Resolution No. 1571 from time to time maintain reasonable and clear conditions of employment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, that the following definition be added to Section 3--, Definition: of Resolution 1571, the City of Shakopee Personnel Policy. Contracted Employee - An employee who does not fall into categories of permanent or temporary employees and has negotiated unique terms of employment as outlined in a separate contract approved by the City Council; or any employee who has negotiated a separate employment contract approved by the City Council. Any terms of employment not specifically addressed by the contract shall be covered by the terms of the Personnel Policy. Adopted in Shakopee, Minnesota, 1984. ATTEST: City Clerk session of the City Council of the City of held this day of , Approved as to form this of , 1984. City Attorney Mayer of the City of Shakopee day MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator /0 RE: Resolution Establishing a Pay and Benefit Agreement for the Police Sergeants for 1984 DATE: October 11, 1984 Introduction Each time the City Council negotiates a new labor agreement with Local 320 for the Police Department, the City updates its agreement with the Police Sergeants. With the recent approval of a contract with Local 320 for 1984 it is necessary to update our current agreement with the Police Sergeants. Background The contract approved by Council for the Police Officers establishes the same pay and benefit increases that the other employees received. To insure that the same increases are available to the sergeants the attached resolution No. 2325 must be approved. Clause No. 2 in the agreement simply puts the 4% annual adjustment into the sergeants compensation rate to insure that their net increase in compensation for 1984 is 4%. Alternatives 1. Approve Resolution No. 2325. Approval of this Resolution would be consistant with Council's action during the past several years and would mean that we would not have to spend time negotiating a seperate agreement with the Sergeants. 2. Do not approve Resolution No. 2325 in its present form and/or amend the Resolution as presented. Any changes to Resolution No. 2325 would mean a break with past practices and would require negotiating sessions with the Sergeants. Recommendation I recommend Alternative No. 1 for the reasons listed above. Action Requested Approve Resolution No. 2325, A Resolution Establishing a Pay and Benefit Agreement for Police Sergeants for 1984. JKA/jms 1b -e-, RESOLUTION NO. 2325 A RESOLUTION ESTABLISHING A PAY AND BENEFIT AGREEMENT FOR POLICE SERGEANTS FOR 1984 WHEREAS, the City Council of the City of Shakopee wishes to establish a formal pay and benefit agreement for Police Sergeants in the City of Shakopee, and WHEREAS, said Police Sergeants wish to establish a formal pay and benefit agreement with the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That said 1984 pay and benefit agreement for the Police Sergeants is inclusive of the pay and benefits in Local No. 320's labor agreement with Police Officers effective January ___1, 1984 through December 31, 1984. 2. That Police Sergeants be compensated at the rate of $164 per month over top patrolman for the first 12 months in grade, and, thereafter $274 per month over top partolman, retroactive to January 1, 1984. 3. That said Police Sergeants understand and acknowledge their .responsibility to effectively evaluate those they supervise as directed by the Chief of Police. BE IT FURTHER RESOLVED, that Resolution No. 2080 be rescinded in it's entirety. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1984. City Attorney Det. Sgt. John J. DuBois Sgt. Kenneth F. Hanel Sgt. Richard R. Kaley Sgt. Dennis R. Anderson /(7)L MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: County Highway Maintenance Policy DATE: October 11, 1984 Introduc The Scott County Mayor's and Administrator's Group presented a list of City concerns to the Scott County Board almost two years ago. One of the items on that list dealt with the County's policy regarding City/Township acquisition of County road right- of-way. The County was requiring that cities acquire the right- of-way for a County road in the City and was not requiring townships to acquire right-of-way for that same road in the township. Policy Options Scott County has provided the cities' in the County with five policy options which address the cities concerns about the inequity of paying for County highway right-of-way. The five alternatives are attached and illustrate that the County has added to the issue the County refundment program to cities. This refundment program is listed in our budget as County highway aid and has averaged about $68,000 per year. The County has listed their five alternatives in a manner suggesting that cities should forfeit all or part of the refundment program monies to obtain County participation in acquiring County Highway right-of-way in cities. The alternatives partially address our concerns. However, at a meeting of Scott County City Administrators on September 26, 1984 we decided that it would be advantageous for all cities to ask that all County highway funding programs be placed on the table and examined for equity before any decisions are made based on a trade-off between the current County right-of-way acquisition policy and the refundment policy. The attached resolution is being presented to the City Councils in the County so that we will have a unified response to the County's proposed five alternatives. Alternatives 1. Pass Resolution No. 2326 as proposed and forward it to the Scott County Board in an effort to get an overall review of Scott County Highway Department policies. This action could lead towards more equity in financing of County roadways. Since no one has done a comprehensive study this equity could actually result in more or fewer benefits to the City. The City Engineers from Shakopee and Prior Lake along with the City Administrators feel that once all the issues are on the table and an equitable policy is put in place there will be a net benefit to cities. 2. Accept one of the five alternatives as presented by the County. Clearly alternatives 1 and 2 are the only alternatives that in any way reduce the inequities in the County's current County Highway right-of-way acquisition policy. Acceptance of Alternative No. 1 or 2 would be an improvement over the status quo, but probably don't go far enough in obtaining true equity in overall County Highway Department policies. Recommendations Staff recommends Alternative No. 1 for the reasons listed above. Action Requested Pass a move approving Resolution No. 2326, A Resolution Relating To County Road Policies. 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Ll 00 r}• N 00 -1 —4 Q� r-! / 6 4;,,' REEUNID Erz TO MUNICIPALITIES COST PER MILE OF COUN'T'Y ROAD WITHIN MUNICIPALITY COST PER MILE OF COUNI'Y rn�D 7ITTAINED BY MUNICIPALITY MILES COUNTY ROAD 1,71INTAINED REFUNDMENT3-YEAR _ MUNICIPALITY COST PER MUNICIPALITY MILES 1981 1982 1983 AVERA= MILE/YEAR Belle Plaine 4.22 8,509 10,883 10,544 9,979 $2,365 Elko 2.78 844 972 921 912 $ 328 Jordan 3.66 7,579 8,795 9,096 8,490 $2,320 New Market 1.23 826 1,005 949 927 $ 754 New Prague 3.08 7,333 8,581 8,087 81000 $2,597 Prior Lake 18.145 35,027 43,024 42,884 40,312 $2,222 Savage 16.19 23,722 28,952 7.7,880 26,851 $1,658 Shakopee 30.229 62,307 73,906 69,787 68,667 $2,272 COST PER MILE OF COUNI'Y rn�D 7ITTAINED BY MUNICIPALITY MILES * x.xx/x.xx - Miles City maintains totally/Miles City maintains totally plus Miles City snow Maas. ** $Kxxx/$xxxx - Cost per mile of City maintained County Roads/ Cost per mile of City maintained and/or plod. COUNTY POAD 1,71INTAINED REFVNIDP4 , COST PER MUNICIPALITY MILES BY CITY 3 -YEAR AVE. MILE MAINTAINED Belle Plaine 4.22 0 9,979 - Elko 2.78 0 912 - Jordan 3.66 1.14 8,490 $7,447 New Market 1.23 0 927 - New Prague 3.08 0.31/0.84* 8,000 $25,806/ $9,524** Prior Lake 18.145 0.085/0.275* 40,312 $474,259/$146,589** Savage 16.19 0.32 26,851 $83,909 Shakopee 30.22 2.56 68,667 $26,823 * x.xx/x.xx - Miles City maintains totally/Miles City maintains totally plus Miles City snow Maas. ** $Kxxx/$xxxx - Cost per mile of City maintained County Roads/ Cost per mile of City maintained and/or plod. RESOLUTION NO. 2326 A RESOLUTION RELATING TO COUNTY ROAD POLICIES /6 WHEREAS, Scott County has developed five options for dealing with County Road Rights -of -Way Acquisition and the Road and Bridge reimbursement program; and WHEREAS, the City of Shakopee appreciates the County's efforts in developing these options; and WHEREAS, the City of Shakopee feels that other options may be more equitable; and WHEREAS, the City of Shakopee feels that other issues dealing with County roads should also be reviewed. NOW, THEREFORE BE IT RESOLVED that the City of Shakopee hereby requests that County Road Policies be discussed in a Joint Meeting with the Cities and the Scott County Board. Adopted in_ session of the City Council of the City of Shakopee, Minnesotan�o this day of 1984. -- Mayor o the City of Shakopee ATTEST: City Clerk Approved as to form this day of ---- ------ , T-9-94 _ City Attorney ID C� INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 TO: John K. Anderson, City AdminiS t r _*t FROM: H. R. Spurrier, City Engineer SUBJECT: Shenandoah Drive DATE October 12, 1984 INTRODUCTION: Attached is Resolution No. 2330 and two agreements with the Chicago and Northwestern Transportation Company. BACKGROUND: The attached agreements with the Chicago and Northwestey-n T-ans- povtation Company have been reviewed by Assistant City Attc-r-ney, Rod Krassl and approved as to form. These agreements prc-,vide for a quick take of railroad right-of-way and initiate the formal right-of-way acquisition process that takes approximately three months. The recommended action is to adopt Resolution 2330, A Resolution Authorizing The Puy -chase Of Railroad Right -of -Way For Shenandoah Drive, which authorizes the proper City Officials to execute the attached agreements and expedites the construction of Shen- andoah Drive. ACTION REQUESTED: A motion to adopt Resolution No. 2330, A Resolution Authorizing The Purchase Of Railroad Right -of -Way For Shenandoah Drive. HRS/pmp RESOLUTION NO. 2330 A Resolution Authorizing The Purchase Of Railroad Right -of -Way For Shenandoah Drive WHEREAS, the City of Shakopee is required by the Indirect Source Permit for the Shakopee Racetrack to install Shenandoah Drive from the Shakopee Racetrack Site to Trunk. Highway 101 ; and WHEREAS, the alignment of Shenandoah Drive crosses Chicago and Northwestern Transportation Company railroad tracks; and WHEREAS, the City must purchase right-of-way in order to cross the Chicago and Northwestern Transportation Company railroad tracks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that: The proper City officials are authorized to execute the following swing documents: 1. Exhibit 2 (sale pending) agreement for the purchase of railroad right-of-way as specified :in the attached agreement. c. An agreement to install a 44 foot aide private roadway crossing, an underground private utility easement, as spec i f i ec in the attached agreement. Adopted in the City of Shakopee, , 1S ATTEST: City Clerk session of the City Council of Minnesota, held this day of Mayor of the City of Shakopee Approved as to form this day of , 19 City Attorney L::T1rV CDF- �HAKCDE_nlaa INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Kinne6ota 55,179-13376 (612) 445-3650 TO: John K. Anderson, City Adm ini rat or FROM: H. R. Spurrier, City Engineer SUBJECT: Trunk Highway 101 Dy -Pass Trunk Highway 169/101 Junction vemen I DATE: October 12, 1984 INTRODUCTION: Attached is Resolution No. 2324, A Resolution Establishing The City Of Shakopee's Need For The Shakopee Trunk Highway By -Pass And The City Of Shakopee Trunk. Highway 169/101 Junction Improvements. The attached Resolution is intended to reiterate the City's position regarding the construction of the Shakopee Trunk High- way 101 By -Pass and the Shakopee Trunk Highway 169/101 Junction Improvements. The Resolution is self-explanatory in pi -;r -pose and resolution. The Resolution -reiterates and -restates the City's historic position of the City on the Trunk Highway 101 By -Pass. it is also a restatement of the City's -request for improvements at the Junction of Trunk Highway 169 and Trunk Highway 101. It again reiterates the problems that exist and the City's position regarding the improvement of that junction. It is recommended that City Council adopt Resolution 2324, A Resolution Establishing The City Of Shakopee's Need For The Shakopee Trunk Highway By -Pass And The Shakopee Trunk Highway 169/101 Junction Improvements. ACTION REQUESTED: A motion to adopt Resolution No. 2324, A Resolution Establishing The City Of Shakopee's Need For The Shakopee Trunk Highway 101By-Pass And The Shakopee Trunk Highway 169/101 Junction Improvements. RESOLUTION NO. 2324 A RESOLUTION ESTABLISHING THE CITY OF SHAKOPEE'S NEED FOR THE SHAKOPEE TRUNK HIGHWAY 101 BYPASS AND THE SHAKOPEE TRUNK HIGHWAY 169/101 JUNCTION IMPROVEMENTS WHEREAS, Minnesota Trunk Highways 169 and 101 are major highways providing vital access for this region and particularly for truck movement of agricultural products and other goods to and from southwestern Minnesota; and WHEREAS,these important State Highways are presently located on City streets penetrating the heart of Shakopee's Business District; and WHEREAS, MNDOT, the Metropolitan Council, and the City of Shakopee have long been aware of traffic congestion, noise and air pollution, and safety hazards associated with this flow of heavy commercial traffic; and WHEREAS, heavy volumes of traffic and most particulary heavy commercial traffic have created long term negative impacts on business in Downtown Shakopee including diminished land values, vacant buildings, and general erosion of the City's commercial property tax base; and WHEREAS, MnDOT has recommended construction of a bypass highway connecting Trunk Highway 169 with Trunk Highway 13 with major interchanges at Hennepin County Road 18 and Scott County Highway 83; and WHEREAS, MnDOT has conducted studies, written reports, held public hearings, and published their findings as an Environ- mental Impact Statement which has been reviewed, approved, and adopted by all required agencies; and WHEREAS, the Metropolitan Council has endorsed this Shakopee Bypass highway and has placed this roadway alignment on the Twin City Metropolitan Area development guide plan; and WHEREAS, the City of Shakopee construction of the Shakopee Bypass talents of its staff, its volunteer leadership and has acted to preserve through the official mapping process of right-of-way; and has encouraged and supported and has committed time and committees, and its political right-of-way for this highway and through early acquisition WHEREAS, MnDOT has recommended construction of the Shakopee Trunk Highway 101 Bypass with the schedule to begin construction in 1988; and 16 ->L- WHEREAS, the major development committments in Shakopee have been based on timely construction of this highway; and WHEREAS, the City of Shakopee has made extensive studies of traffic movements in and through its downtown commercial district; and WHEREAS, the City has appointed a downtown committee to study ways of revitalizing downtown Shakopee; and WHEREAS, this Committee with the assistance of City Staff and Consultants has expended many hours of study for more than three years, with a goal of improving the economic viability of the City's Central Business District; and WHEREAS, through this study effort the City has concluded that traffic congestion on First Avenue, and most particulary at the intersection with Holmes Street, creates a major deterent to the economic health of Shakopee Central Business District and is a safety hazard for pedestrians and motorists; and WHEREAS, these concerns have been discussed in length with official representatives of MnDOT, District 5; and WHEREAS, these MnDOT officials have pledged their cooperation to help improve the intersection problems at this location, encouraging the City to develop designs for elimination of the existing congestion and hazards at First Avenue and Holmes Street; and WHEREAS, the City did expend considerable time, effort, and monies to develop an intersection design, herein referred to as the "Shakopee Trunk Highway 169/101 Junction Improvements", to improve traffic operations at the intersection of Trunk Highway 169 with Trunk Highway 101 in Shakopee; and WHEREAS, this proposed improvement is immediately necessary to relieve present traffic congestion, noise and air pollution, and safety hazards; and WHEREAS, the need for this improvement will not diminish after construction of the Shakopee Trunk Highway 101 Bypass; and WHEREAS, further implementation of the City's downtown revitalization plan requires coordination with these proposed Trunk Highway improvements at this intersection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The City continues to support, endorse, and encourage construction of the Shakopee Trunk Highway 101 Bypass in a timely manner, at the earliest possible date and under no circumstances later than the time schedule published by MnDOT in the 1986-1989 extended construction schedule. 2. The City continues to commit its staff and financial resources to assist the State of Minnesota in implementing construction of this important Regional Highway facility at the earliest possible date. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The City hereby ammends its Comprenhensive Transportation Plan to include the Shakopee Trunk Highway 169/101 Junction Improvements. 2. The City requests that MnDOT effect this intersection safety improvement at the earliest possible date. 3. The City commits its staff and financial resources to assist the State of Minnesota in implementing this safety and traffic congestion improvement at the earliest possible date. -4. In as much as the Shakopee Trunk Highway 169/101 Junction Improvements will not reduce the need for an interregional travel route, efforts on the part of the City and any/or other agency to improve traffic operations at First Avenue and Holmes Street should in no way be construed as an alternative to, or a reason for delay in construction of, the Shakopee Trunk Highway 101 Bypass. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1984. City Attorney Scott-Caren eCOROMIC 0,00d, 9nc. Corporate Officers: Wallace Ess - Chairperson Chaska Sheila Hyde - Vice Chairperson New Prague Gordon Winter - Secretary/Treasurer Waconia Ms. Mary F. Sullivan Executive Director Eldon Reinke 3071 Hauer Trail Shakopee, MN 55379 Dear Mayor Reinke: 420 Oak Street North CARVER,MINN. 55315 Phone: 448-2302 October 3, 1984 6141,�Z�m,zf- l� CHAP The intent of this letter is to request City Council support via the endorsed resolution in support of the SCEC "Give Where You Live" fundraising campaign. COMMUNIT' Scott -Carver Economic Council is presently conducting its first annual fundraising campaign. It was initiated out of a concern that there are needs in the community not being met by the present available programming. Scott -Carver Economic Council has been successful in delivering local programs such as the Thrift Shop and Commodity Distribution because of community support. Therefore, we are looking to the community for continued support in our efforts to provide additional services as described in the enclosed literature. Please call if you have further questions or suggestions. Your cooperation and support is greatly appreciated. Sincerely, SCOTT -CARVER ECONOMIC COUNCIL Wallace Ess, Chairman of the Board of Directors enc. "An Equal Opportunity Employer" RESOLUTION 2323 A RESOLUTION SUPPORTING SCOTT -CARVER ECONOMIC COUNCIL'S "GIVE WHERE YOU LIVE" CAMPAIGN WHEREAS, federal funding for social service programming has been reduced in recent years; and WHEREAS, this has hindered Scott -Carver Economic Council's ability to provide basic services; and WHEREAS, community needs have been documented in the areas of emergency food, surplus commodities, self-sufficiency, domestic violence and short term financial assistance; and WHEREAS, community donations are needed to maintain services in these areas; and WHEREAS, the "Give Where You Live" campaign is a local initiative to provide funding of programs for residents of Scott and Carver counties. NOW, THEREFORE, BE IT RESOLVED that the Shakopee City Council supports the "Give Where You Live" campaign and encourage local residents and businessess to donate to this cause to provide needed services in our community. Adopted in _ session of City of Shakopee, Minnesota, held this 1984. ATTEST: CityCferft— Approved as to form this day of , 19B-4_- ty Attorney the City Council of the day of Mayor of tie City o-f-Shiakopee C I T'Y_ QFEHAK_oPHE INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: JEJ Drainage of Former Chicago, Milwaukee, St. Paul, and Pacific Railroad Right -of -Way DATE: October 15, 1984 INTRODUCTION: Attached is Partial Estimate Voucher No. 2 and Change Order No. 2 for the above referenced project. BACKGROUND: As we discussed earlier, a further extension of the drainage tile system was necessary to dry out an area saturated with groundwater. Excess aggregate from the veal Coat Project was utilized, with the lump sum cost for equipment and labor to- taling o- taling $400.00. With the Project essentially complete and only punch list work remaining, it appears that the final cost will be approximately $4000.00 under the original contract amount. RECOMMENDATION: Approve Change Order No. 2 and indicated. ACTION REQUESTED: pay Estimate Voucher No. 2 as 1. Motion to approve Change Order No. 2 in the amount of $400.00 for an extension of the drainage system. 2. Motion to authorize the payment of Partial Estimate Voucher No. 2 to S.M./He, ges and Sons, in the amount of $6,925.50. 7 i of r Submittal FS/pmp Change Order No.: 2 Date: October 15, 1984 CHANGE ORDER Project Name: Contract No.: Original Contract Amount Change Order(s) No. — thru No. 1 Total Funds Encumbered Prior to Change Order Description of Work to be (Added /Di!UX&1Q : JEJ Drainage 1984-3 $ 45,656.13 $ 200.00 .; 45,856.13 Excavate trench 3' x 3' x 75 L.F. and dispose of material. Replace with 75 C.Y. of excess aggregate from seal coat project to drain saturated area into storm sewer sysLern, Lump Sum $400.00 The above described. work shall be incorporated i.n Ltr: Con trucl;, .r~ci'crenced above, under the same conditions specified in the orit,ir al C<,:rt;ract a:; ariiended unle.;;; otherwise specified herein. Any work not so specified sha]_.l be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be ( increased/d.KXX)gCX-X) by $-__400. 00 The number of calendar days for completion shall be (ir cr ased/decrea:>ed) by Original Contract Amount Charge Order(s) No. • 1 thru Total t und:: Encumbered Completion Date: 45,656.13 2 $ 600.00 September 30, 1984 $ 46,256.13 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. �C Contract Al �71 By: _��� �1c/ Title: _�Z-2��------- Date: - _16 /� � D to By: Mayor Date Approved as to form this, day of City Administrator Date -- — 19 City Clerk Date---.--�- City Attorney Contract No. 1984-3 Partial vt,ir,Iicr '7.). 2 September 30, 1984 TO: Contractor S.M. Hentges & Sons Address 1523 West 3rd Avenue Shakopee, MN 55379 Project Description . ---.---J-EJ Drainage 1. Original Contract Arnotoit, 45,656.13 2. Change Order No. 1 Thru N''. 2 --6-0-0,00 3. Total Funds Encumbered 46,256. 13 4. Value of Work Completed $ 41,312-36 VaLur, W,).k 5 2,065.61 500-00 0. Previous Payments 32, 2 1. 2 5 _3 Deductions or Charges -0- 0-8. 8 . Total 34,386.86 ----- -Payment Due (Line 4 - Line 8) :1,.. 6,925.50 (I, We) hereby agree that the clu:11t, it.al, 21114 �'X "i d"! 1 s a Yail- esti,nate of the work completed Lo daLo. CONTRACTOR: BY: TITLE: DATE: Aj1pjjoVj,'D - CITY OF �211AKOI'Ei,: 1. City FntT'ineer Data City Administrator 1) at a z 0 z c 0 m 3 -- cy CA V) c Rs I m E tv, a 0 Ir N- N CIN O I c 0 m 3 -- cy CA V) c Rs I m n %) LU C m L 0 m L OW c 0 -4, rA a 4 v' .� � � O� 0' 0 4 0 0! p� � �' 0 O N o N a Q. Rii CIA LC) 4E lk t v � c a V� V� � I v v, _4� � i V) rr --1-4 o E L vz a. a44 %) CIN I 0 A! U4N M L 0 m L OW c 0 -4, rA a 4 v' .� � � O� 0' 0 4 0 0! p� � �' 0 O N o N a Q. Rii CIA LC) 4E lk t v � c a V� V� � I v v, _4� � i V) rr --1-4 o E L vz a. a44 JAMES P. LARKIN ROBERT L. HOFFMAN JACK F. DALY D. KENNETH LINDGREN ANDREW W. DANIELS ON WENDELL R. ANDERSON GERALD H. FRIEDELL ROBERT B. WHITLOCK ALLAN E. MULLIGAN ROBERTJ.HENNESSEY RONALD R. FLETCHER JAMES C. ERICKSON EDWARD J. DRISCOLL JAMES P. MILEY JOHN A. MCHUGH GENE N. FULLER JOSEPH W. ANTHONY DAVID C. SELLERGREN JOHN D. FULLMER ROBERT E. BOYLE FRANK 1. HARVEY RICHARD A. FOR5CHLER RICHARD A. NORDBYE ROBERT T. MONTAGUE, JR. CHARLES S. MODELL CHRISTOPHER J. DIETZEN RICHARD I. DIAMOND JOHN R, BEATTIE JAMES M, STROTHER LINDA H. FISHER THOMAS P. STOLTMAN STEVEN G. LEVIN FORREST D. NOWLIN MICHAEL C. JACKMAN STEPHEN B. SOLOMON JOHN E. DIEHL EMBER O. REICHGOTT October 16, 1984 LARKIN, HOFFMAN, DAL.Y & LINI)OHEN, 1:11). ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55431 TELEPHONE (612) 835-3800 TELECOPIER NO. (612) 83S-5102 1700 FIRST BANK PLACE WEST FEDERAL PRACTICE PARTNERSHIP 120 SOUTH SIXTH STREET LARKIN, McCARTHY, NOEL,f ALK 6 MINSHALL MINNEAPOLIS, MINNESOTA 55402 SUITE 1110 TELEPHONE (612) 338-6610 1301 PENNSYLVANIA, N. W. WASHINGTON, D. C. 20004 TELEPHONE (2021 737-1000 City of Shakopee Attn: John K. Anderson City Administrator 129 East First Avenue Shakopee, Minnesota 55379 Re: Revenue Bond Entitlement Allocation Documents Dear Mr. Anderson: PETER K. BECK JON S. SW IERZEWSKI MICHAEL S. MARGULIES THOMAS J- FLYNN RODERICK I. MACKENZIE JAMES P OUINN ROBERT G. RENNER DANIEL A. OUINLAN JEROME H. KAHNKE TODD I. FREEMAN CATHY E. GORLIN ANDREW J. MITCHELL MICHELE P. McGEE DAVID G. MOELLER JOHN A COTTER' KATHLEEN M OATES- THOMAS G. MA<DONALO' BRADLEY H. LEHRMAN BEATRICE A. ROTHWEILER SHERRILL OMAN KURETICH PAUL B PLUNKETT SUSAN R. SURNIGHT SUSAN E. BARNES AMY DARR GRADY ALAN L KILG'OW NAOMI M. WILLIAMSON GARTH C COLLER"' OF COUNSEL JOSEPH GITIS -ALSO ADMITTED IN SCONSIN —PRESENTLY ADMITTED ONLY IN FLORIDA We are attorneys for River Road Investors. River Road Investors has been assigned the rights in the entitlement allocation made to the City of Bloomington for Oxboro Redevelopment Company. That allocation is documented in a letter of August 31, 1984, and City of Shakopee resolution number 2320. Oxboro Redevelopment Company has determined that it is unable to use the entitlement allocation which it has requested be transferred to Bloomington. On October 15, 1984, Bloomington took action on the Oxboro requests and did not authorize issuance of bonds pursuant to the Shakopee entitle- ment amount. Oxboro has assigned to River Road Investors its rights in the entitlement amount previously allocated to Oxboro and Bloomington. River Road Investors wishes to use the authorization of a project to be constructed in Fridley, Minnesota. The City of Fridley is agreeable to using the entitlement allocation and has previously authorized the particular project and the issuance of bonds in aid of it. LARKIN, HOFFMAN, DALY &- LIN D(,-- City of Shakopee October 16, 1984 Page Two Accordingly, we have prepared a new letter agreement,Resolution and Entitlement Amount Allocation Agreement relative to River Road Investors and the City of Fridley. We understand that the Shakopee City Council is to act on October 16, 1984. We ask that you obtain the necessary authorizations to transfer the entitlement amount from Oxboro Redevelopment Company and the City of Bloomington to River Road Investors and the City of Fridley. Thank you for your cooperation. Sincerely, David C. Sellergren, fo LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Sig Enclosures - cc: Harry Yaffe, River Road Investors Allan Hill, Oxboro Redevelopment Company 1 ENTITLEMENT AMOUNT ALLOCATION AGREEMENT THIS ENTITLEMENT AMOUNT ALLOCATION AGREEMENT (the "Agreement"), between the City of Shakopee, Minnesota ("Shakopee"), a municipal corporation and political subdivision of the State of Minnesota, and the City of Fridley, Minnesota ("Fridley"), a municipal corporation and political subdivision of the State of Minnesota, provides as follows: 1. Recitals. (A) Both Shakopee and Fridley are authorized pursuant to Minnesota Statutes, Chapter 474, as amended (the "Act") to issue revenue bonds to defray, in whole or in part, the costs of the Projects as defined in the Act. (B) Shakopee constitutes an "entitlement issuer" under the Act and has been allocated an entitlement amount of bond issuance authority under the Act for the 1984 calendar year of $2,569,000 (the "Entitlement Amount"). Shakopee submitted to the Minnesota Department of Energy and Economic Development on or before September 1 one or more resolutions authorizing the issuance of revenue bonds and/or a letter stating its intent to issue revenue bonds, in an aggregate amount equal to the Entitlement Amount, together with a deposit in the amount of 1% of the Entitlement Amount or the portion thereof covered by the letter of intent. However, this Council has now been informed that Shakopee does not reasonably expect to issue revenue bonds in a principal amount equal to its Entitlement Amount before the end of 1984. (C) The City of Fridley has given preliminary approval to a proposal that Fridley issue revenue bonds to finance various projects (the Projects) under Minnesota Statutes, Chapter 474 (the Act), and has requested that Shakopee enter into an agreement pursuant to Minnesota Statutes, Section 474.18, subdivision 4, by which the City of Fridley may issue up to $1,969,000 principal amount of bonds of Shakopee's Entitlement Amount for the Projects pursuant to the Act. (D) The City of Fridley does not have a sufficient entitle- ment amount to meet all of the requests it now has for the issuance of revenue bonds in 1984. For Fridley to obtain the additional bond issuance authority necessary in order to issue the Bonds in the amount required to finance the Projects, Fridley must enter into an agreement pursuant to Minnesota Statutes, Section 474.18, subdivision 4, with another municipality which is an entitlement issuer under the Act by which Fridley would be authorized to issue bonds pursuant to the entitlement issuance authority allocated to such other municipality. (E) Fridley has requested that it be authorized to issue revenue bonds in a principal amount up to $1,969,000 of the City of Shakopee's Entitlement Amount to finance the Projects pursuant to the Act, and that in evidence thereof and in accordance with Minnesota Statutes, Section 474.18, subdivision 4, Shakopee and Fridley enter into this Agreement. Section 2. Representations of Shakopee. Shakopee makes the following representations as the basis for its undertakings herein: (A) Shakopee is an entitlement issuer under the Act and as of the date hereof its remaining Entitlement Amount which it has not allocated to any person or project is in excess of the amount transferred to Fridley. (B) The execution and delivery of this Agreement and the performance of all other covenants and agreements of Shakopee contained herein have been authorized by a resolution of the Shakopee City Council. Section 3. Representations of Fridley. Fridley makes the following representations as the basis for its undertaking herein: (A) Fridley is an entitlement issuer under the Act. (B) The execution and delivery of this Agreement and the performance of all other covenants and agreements of Fridley contained herein have been authorized by a resolution of the Fridley City Council. Section 4. Authorizations. Fridley is hereby authorized on or prior to December 31, 1984, to issue revenue bonds in a principal amount up to $1,969,000 of the City of Shakopee's Entitlement Amount to finance the Projects pursuant to the Act. Shakopee agrees that it will not take any actions or issue bonds under the Act,the effect of which is to reduce its Entitlement Amount or the amount thereof hereby transferred to Fridley to an amount less than $1,969,000. Section 5. Deposit. Upon the execution hereof, Fridley will reimburse or cause to be reimbursed to Shakopee, the amount of any application deposit paid by Fridley to the Minnesota Department of Energy and Economic Development to retain that portion of the Entitlement Amount reserved for the Projects after August 31, 1984, plus interest thereon to the date of payment; provided that such reimbursement shall not be required where the deposit was funded by a private party in anticipation of the proposed transfer of bond issuance authority herein made. If requested by Fridley, Shakopee will return all or a portion of the Entitlement Amount reserved for the Projects to the Minnesota Department of Energy and Economic Development. Shakopee agrees to pay to Fridley any portion of the application deposit paid with respect to the reserved Entitlement Amount which is returned to Shakopee. Section 6. Fees and Expenses. Fridley hereby agrees to reimburse Shakopee from amounts provided by the Borrower for all reasonable and necessary direct out-of-pocket expenses which Shakopee may incur in the execution of this Agreement and the performance by Shakopee of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement this day of October, 1984. CITY OF FRIDLEY, MINNESOTA Its: Mayor And: Its: City Clerk And: Its: City Administrator CITY OF SHAKOPEE, MINNESOTA By: Its: Mayor And: Its: City Cler And: _ Its: City Administrator Ic CERTIFICATE OF MINUTES RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUANCE AUTHORITY ISSUER: City of Shakopee, Minnesota GOVERNING BODY: City Council Kind, date, time and place of meeting: A regular meeting held on , 1984, at P.M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting, including: RESOLUTION NO. RESOLUTION RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUANCE AUTHORITY; AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF FRIDLEY, MINNESOTA PURSUANT TO THE BOND ISSUANCE AUTHORITY OF THE CITY AND APPROVING THE EXECUTION OF DOCUMENTS NECESSARY THEREFOR I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Minnesota (the "City"), hereby certify that attached hereto is a correct and complete copy of a resolution duly adopted by the City Council at a meeting duly called and held on — , 1984. WITNESS my hand officially as such City Clerk and the seal of the City this day of , 1984. (SEAL) Signature Judith S. Cox City Clerk Member /�/ 'e-- Member e'✓ introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUANCE AUTHORITY; AUTHORIZING THE ISSTJANCE OF REVENUE BONDS BY THE CITY OF F'RIDLEY, MINNESOTA PURSUANT TO THE BOND ISSUANCE AUTHORITY OF THE CITY AND APPROVING THE EXECUTION OF DOCUMENTS NECESSARY THEREFOR BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1. Recitals. This City constitutes an "entitlement issuer" under Minnesota Statutes, Chanter 474 (the Act) and has been allocated an entitlement amount of bond issuance authority under the Act for the 1984 calendar year in the amount of $2,569,000 (the Entitlement Amount). The City submitted to the Minnesota Department of Energy and Economic Development on or before September 1 one or more resolutions authorizing the issuance of revenue bonds and/or a letter stating its intent to issue revenue bonds, in an aggregate amount equal to the Entitlement Amount, together with a deposit in the amount of 1% of the Entitlement Amount or the portion thereof covered by the letter of intent. However, this Council has now been informed that the City does not reasonably expect to issue revenue bonds in a principal amount equal to its Entitlement Amount before the end of 1984. The City of Fridley, Minnesota (the City of Fridley), has given preliminary approval to a proposal that Fridley issue revenue bonds to finance various projects (the Projects) under Minnesota Statutes, Chapter 474 (the Act), and has requested that the City enter into an agreement pursuant to Minnesota Statutes, Section 474.18, subdivision 4, by which the City of Fridley may issue up to $1,969,000 principal amount of bonds of the City's Entitlement Amount for the Projects pursuant to the Act. 2. Determinations. This Council hereby determines that the City of Fridley may issue up to $1,969,000 principal amount of bonds of the City's Entitlement Amount for the Projects pursuant to the Act; provided that the Borrower pays to the City the amounts of all costs and expenses of the City relating thereto, including, without limitation, the amount of the deposit paid by the City to the Minnesota Department of Energy and Economic Development to retain such portion of the Entitlement Amount after August 31, 1984. 3. Agreement. There has been presented to this Council an Entitlement Amount Allocation Agreement (the Agreement) between the City and the City of Fridley, by which the City of Fridley is authorized to issue up to $1,969,000 principal amount of bonds of the City's Entitlement Amount for the Projects pursuant to the Act. The form of the Agreement is approved, and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Agreement on behalf of the City, with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney, which approval shall be con- clusively evidenced upon execution and delivery of the Agreement by the City. The Mayor and City Clerk are further authorized and directed to execute and deliver all such other documents as may be necessary in connection with the issuance by the City of Fridley of the Bonds for the Projects. ATTEST: Adopted this day of Mayor City Clerk 1984. The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted and was signed by the Mayor, which was attested by the City Clerk. October 16, 1984 City Council City Hall Shakopee, Minnesota 55379 Re: 1984 Industrial Revenue Bond Allocation Ladies and Gentlemen: Under the Minnesota Municipal Industrial Revenue Bond Law, Minnesota Statutes, Chapter 474 (the "Act"), we understand that: (a) for calendar year 1984 the City of Shakopee (the "City") is an "entitlement issuer" and has been allocated an "entitlement amount" of $2,569,000; (b) in order to maintain its entitlement amount, the City has submitted to the Department of Energy and Economic Development ("DEED") one or more resolutions and/or a letter of intent stating that the City wished to reserve the right to issue bonds in its entitlement amount, together with a check in an amount equal to to of the entitlement amount it wished to reserve; (c) once a reservation is made the City may (i) prior to December 31, 1984, issue bonds in an amount equal to or less than the entitlement amount so reserved and recover a Pro- portionate amount of the deposit, (ii) prior to October 31, 1984, cancel all or a portion of the entitlement amount so reserved and recover a proportionate amount of the deposit, or thereafter but prior to December 20, 1984, cancel all or a portion of the entitlement amount so reserved and recover one-third of a proportionate amount of the deposit, or (iii) transfer all or a part of the entitlement amount so reserved to another entitlement issuer. Pursuant to a letter request of August 31, 1984, by Oxboro Redevelopment Company ("Oxboro") accepted by the City (the "Letter Agreement"), the City on October 2, 1984, adopted Resolution No. 2320 authorizing the issuance of revenue bonds by the City of Bloomington pursuant to the bond issuance authority of the City in aid of projects proposed by Oxboro in Bloomington (the "Resolution"). Oxboro determined that it cannot use the bonds so authorized. It has, therefore, assigned its rights in the Letter Agreement, the Resolution and the deposit made to DEED to River Road Investors pursuant to the attached assignment dated October 15, 1984. River Road Investors has requested and the City of Fridley approved the issuance of revenue bonds pursuant to Chapter 474 to finance a project under Chapter 474 on behalf of River Road Investors, or some other entity designated by River Road Investors. The City of Fridley Shakopee City Council October 16, 1984 Page Two does not have a sufficient entitlement amount to meet all of the requests it now has for the issuance of revenue bonds in 1984. However, the City of Fridley is willing to accept a transfer of $1,969,000 of entitlement amount from the City and to allocate it to our project. River Road Investors therefore requests the City to take the following actions subject to the following conditions: (a) adopt such resolutions and enter into such agreement, if any, as may be required to transfer the $1,969,000 entitlement amount to the City of Fridley; (b) prior to such transfer, upon notification by River Road Investors that it wishes to terminate the reservation, notify the DEED of such termination, recover the deposit, and remit to River Road Investors the entire amount of the deposit recovered, less the amount of any out-of-pocket expense incurred by the City in complying with this request, which River Road Investors agrees to pay, or if the City wishes to maintain its reservation for another project, pay to River Road Investors an amount equal to the original deposit; (c) after such transfer, if the City of Fridley wishes to cancel the transfer of the entitlement amount, take the actions specified in the foregoing clause (b); and (d) if the bonds are issued by the City of Fridley for our project or another project, remit to River Road Investors the entire amount of the deposit recovered. We will pay all expenses incurred by the City in complying with this -request. We hereby agree that if on October 20, 1984,the City has a project for which it wishes to issue bonds under Chapter 474 in calendar year 1984, and because the City of Fridley has not issued bonds pursuant to the City's allocation the City is.not able to apply to DEED for an allocation from the competitive pool, the City may, at its option, cancel the transfer of entitlement amount and remit to River Road Investors the amount of the deposit,less the amount of out-of-pocket expenses incurred by the City in complying with this request. As indicated above, River Road Investors will pay all costs incurred by the City in making the reservation and transfer as requested, and you may consider this letter as our agreement to do so. Thank you for your consideration. Accepted by: CITY OF SHAKOPEE, MINNESOTA M3•A Its: RIVER ROAD INVESTORS y Its: ASSIGNMENT THIS ASSIGN,%lEN'i', dated October 15, 1934, is from OXBORO REJE`:ELORuWNT COMPANY, a Minnesota corporation (Assignor) , to RIVER ROAD _-, 7STORS, a Mionesota general partnership (Assignee) . RRC TTAT.-q On October 2 1984, the City of Shakopee Minnesota, passed a resolution "Relating to industrial revenue toad issuance authority; authorizing the issuance of revenue bonds by t!ie City of Bloomington pi:rsuant to the bond issuance authority of the City of Shakopee _ ; and approving the execution of documents necessary there�or" (the Resolution). The Resolution authorized the issuan_a of revenue bonds in the scum of $1,969,00').:_V0 In connection .pith Resolution, assignor executed a Latt.r Agreement (the Agreement) with the City, dated Aug•_1st31, . I regarding 1984 Industrial Revenue Bond Allocation, ;wherein Assi,nor agreed to advance to the ity the one percent decosit in S Of $ 19,690.00 (the Deposit) required by the Minnesota ....__ - and Economic Develo; ent authority (MEEDA) to hold that Dor_icn the City's industrial revenue bond allocation authorized by the Resolution. The Agreement provided for a iefund of the DecosLt to Assignor upon certain terms and conditions set forth therein. It is now the desire of Assignor to assign its ri;ht, title and i...teres_ in, to and ._.der the Resol'aticn, to the Decoslt. NOW, THEREFORE, in consideration of the _cregoing and in =n - sideration of the payment of the sum of 520,047.20 from Assignee to Assignor, Assignor hereby agrees as follows: AGREEMENT Assignor does hereby assign to Assignee all of Assignor's right, title and interest in, to and under the Resolution, the Agreement and to the Deposit as of the date hereof. Assignor makes no warranties or representations regarding Assignee's rights under the Resolution. Assignor warrants to Assignee that, as of the date hereof, the City has incurred inelout-of-pocket expenses for which Assign e Lwouldb liable under the Agreement. ho !r �4 rG .'a a, +x-14 0- - IN WITNESS WHEREOF, the Assignor ;-:as executed this '•.ssi,4nr ent on the above date. '\:BORO .." TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Employee Leave Without Pay DATE: October 15, 1984 Introduction: Toni Warhol has asked for two days of leave -without -pay. Unknowingly I have previously permitted this practice at a departmental level, but it has recently been brought to my attention that leave -without -pay is to be authorized by the City Council. Background: I have determined at a departmental level that it would be acceptable for Toni to be gone on October 18th and 19th. She does not have an appreciable amount of vacation built up at this time, and has asked to take the time -off without pay. This must be approved by the City Council. Requested Action: Authorize Toni Warhol to take a leave -without pay on October 18th and 19th, 1984.