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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
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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.
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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.
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++45 . . +tttttt
+++++ ....... .
+t ++ +++++++
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++ ++++. +4t, -t++++++
. . . . . . . . . . . . . . . .
kj T
cz
+t ..........
+ ..........
+ + ......
+ +
++ f++++++
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......
+ +
+ + + +
+ + + ++I+++++,
+
+ +
+ +
+ + 4+ .....
o + + + A�
+ .. . . . .
+ + + + +
+
+ + + + . . . . . . . .
+ +
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+ t . . . . . . .
WIT
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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.
ACTION REQUESTED:
City Council authorization to enter into an agreement with
Busse Construction, Inc. to perform grading and restoration
of Timber Trails Park in the amount of $10,300.00.
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?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.
JKAljms
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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
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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.