HomeMy WebLinkAbout12/11/1984 TENTATIVE AGENDA
ADJ .REG. SESSION SHAKOPEE , MINNESOTA DECEMBER 11 , 1984
- WORKSESSION -
Mayor Reinke presiding
1] Roll Call at 7 :00 P.M.
2] Recognition by City Council of Interested Citizens
31 Approval of Consent Business - (All items listed with an asterick are
considered to be routine by the City Council and will be enacted by
one motion. There will be no separate discussion of these items unless
a Councilmember so requests, in which event the item will be removed
from the consent agenda and considered in its normal sequence on the
agenda. )
4] VFW Request to Spend Gambling Funds to Purchase Property - coming Mon.
51 Application for Off Sale Intoxicating Liquor License by Valley Liquor
Inc . , John Bernstein, Pres. , Mn. Valley Mall - tabled 11/20/84
*6] Police Department Heating Unit
*7] Vehicle Towing Contract
81 Century Plaza Square 2nd Addition Developers Agreement - coming Mon.
91 Authorize expenditures for Bypass ROW Acquisition - memo on table
101 Shakopee ' s Downtown TH169 Intersection & TH101 Bypass Improvements
111 Appraisal of Property to be Purchased by Housing Alliance
121 Other Business: a] Murphy' s Landing Request for Funds - coming Mon.
13] Discussion on Apportionment of On-Sale Intoxicating Liquor Licenses
14] Adjourn to Tuesday, December 18, 1984 at 7 : 00 P .M.
John K. Anderson
City Administrator
v E 1'ERANS OF FOREIGN WARS of the UNITED STATES
Office Of
DEPARTMENT OF MINNESOTA
SECOND DISTRICT
Post 4046
SHAKOPEE, MINNESOTA 55379 ✓
December 5, 1984
Mr. John Anderson
Shakopee City Administrator
Shakopee City Hall
Shakopee, Mn. 55379
Dear Mr. Anderson:
On Tuesday November 27, 1984 the membership of this organization
authorized me to take the necessary action for this post to purchase
property at 3rd Avenue and Marschall Road in Shakopee for the future site
of a new post home.
In accordance with Minnesota State Statute 349 BINGO, GAMBLING DEVICES,
I would request that this Cities Local Unit of Government authorize the ex-
penditure of funds of which a portion comes from gambling for the purchase
of this property.
Sincerely
b '�)�V""
Don Hamilton
Post Ccamnander
RESOLUTION No.
A Resolution of the Shakopee Cit !—
Certain Funds for the Pur y Council Authorizing
poses Herein Setout the Expenditures of
WHEREAS, the Veterans
of Foreign Wars. of Shakopee Post 4046 has advised
the Shakopee City Council that it
proposes to use some of the
from the operation of /or the Profits it has
gambling devices and made
e conduct of raffle and other
funds to acquire certain
land in the City of Shakopee
thereon a P and c ultimately to erect
club house for the purposes of carrying out the ob 'e
of Foreign Wars, and is of the Veterans
WHEREAS, the Constitution of
the Veterans of Foreign Wars sets out the object
Of said society as follows.:
"The objects of this association are fraternal, at
preserve
rlotic, historical and
educational;
to preserve and strengthen comradeship among its members; to assist
and dead, and to
worthy comrades.;
to perpetuate the memory and its
of our d
assist their widows orphans; to maintain
Of the Untied States of America true allegiance to the Government
and fidelity to its Constitution
foster true patriotism, to maintain
and laws; to
and extend the institutions of American
freedom; and to preserve and defend the United States from all her enemies,
whomsoever. " and
WHEREAS, the Shakopee City Council mindful of the purposes for which the
Post was established and
mindful of the way in which the Post has been
conducted
is assured that the property
5 sought to be purchased and improved will be used
exclusively for one or more of the
Purposes specified
as enumerated in the Constitution and
in MSA 349.12 (6) and MSA
349.26 (Subd 10) .
THEREFORE BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL in
assembled that the Council as the lmeeting regularly
local unit of Government in the City of Shakopee
does hereby specifically authorize the expenditures fo
provided b r lawful purposes as
y the Preamble of the Constitution and as provided by the
State of Minnesota Laws of the
particularly MSA 349.12 (Subd 6) .
BE IT FURTHER RESOLVED
that a certified
copy of this Resolution shall be
presented to the Offices of the Veterans of Foreign Wars
Passed in of Shakopee Post 4046.
session of the Shakopee City t:ouncil held this
_.qday of
1985.
ATTEST: Mayor of the City of Shakopee
City Clerk
Prepared and approved as. to form
this 10th day of December,
1984
1 us A. Coller, II,City At
1-5
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE : Application for Off Sale Intoxicating Liquor License
By Valley Liquor Inc .
DATE : December 4, 1984
Introduction & Background
Application has been made and is in order by Valley Liquor Inc .
for an off sale intoxicating liquor license at Minnesota Valley
Mall .
The Chief of Police is recommending that approval be conditioned
upon exclusive financing with Richfield Bank and Trust , Richfield,
Minnesota .
Alternatives
a. Approve .
b. Deny.
Recommended Action
1 ) Remove application from the table ; 2 ) approve the application
and grant an off sale intoxicating liquor license to Valley Liquor
Inc . , Minnesota Valley Mall , upon surrender of the existing license
of Dennis P. Breusehoff and Thomas J. Cox, a partnership, within
four days , conditioned upon exclusive financing with Richfield Bank
and Trust , Richfield, Minnesota .
JSC/jms
TO: Mayor, Council Members
FROM: Tom Brownell, Chief of Police
SUBJECT: Off-sale Liquor License - Valley Liquor, Inc .
DATE: November 19 , 1984
INTRODUCTION
John Richard Bernstein , Valley Liquor, Inc . , has made application
for off-sale liquor license, Valley Liquor, Inc . , Minnesota
Valley Mall , Shakopee, MN.
BACKGROUND
John Richard Bernstein has made application to the City of Shakopee
for a liquor license transfer to him for Valley_ Liquor, Inc . ,
located at the Minnesota 'Valley Mall.
The police department conducted a background investigation which
resulted in a favorable recommendation.
RECOMMENDATION
I recommend issuing an off-sale liquor license to John Richard
Bernstein for Valley Liquor, Inc. , Minnesota Valley Mall, contingent
upon exclusive financing with Richfield Bank and Trust, Richfield,
Minnesota.
MEMO TO: City Council
FROM: LeRoy Houser, Building Official
RE: Police Department Heating Unit
DATE: December 4, 1984
Introduction:
Attached are the two bids received, as a result of our adver-
tisement for bids , for the floor furnace in the second floor
of the police station.
Background:
Steins , Inc . and Associated Mechanical submitted bids for
the floor furnace in the second floor of the police station.
Steins bid was $4,120 and Associated Mechanical was $6,400.
Recommendation:
I recommend we accept the low bid from Steins , Inc . of $4, 120.
Action Requested:
Authorize the Building Inspector to contract with Steins , Inc .
for the installation of the floor furnace in the second floor
of the police station for the sum of $4, 120. 00
LH: cah
Attachment
A100
SSO�ATED
ECHANICAL CONTRACTORS INC .
NORTH MARKET ❑ SHAKOPEE, MN 55379 ❑ PHONE 445-5100
City of Shakopee
129 E. lst Ave.
Shakopee, MN 55379
ATTN: LeRoy Houser
December 4, 1984
Re: Shakopee Police Station
Dear LeRoy,
The following is the quote you have requested for additional
heat for second floor of Police Station.
1 - Carrier #58SX 10OCC Natural Gas Furnace
94 o Efficiency
with necessary duct work,
gas piping,
electric wiring and
furnace room.
To disconnect ductwork that was designed for lst floor
system.
All for the sum of Six thousand four hundred and 00/100 dollars,
($6 ,400 .00) .
Respectfully Submitted,
ASSOCIATED MECHANICAL
CONTRACTORS, INC
Joseph M. Sand, Jr.
President
Page Ivo. of
Pages
STEINS, INC.
Plumbing - Heating - Air Conditioning
1420 West 3rd Ave. Shakopee, Minnesota 55379
Phone 445-4444
PROPOSAL SUBMITTED TO
City of Shakopee PHONE I
STREET DATE
12o r+ JOB NAME
November lg, l 84
East First Avenue
CITY, STATE AND ZIP CODE
Shako eeOB LOCA71ON
p , Minn.Minn55:379
ARCHITECT _
DATE OF PLANS
JOB PHONE
We hereby submit specifications and estimates for:
POLICE STATIUi SEC01M FLOOR GrlKaSMd
Install Heating System and Build Mechanical Room for F
1 - Lennox 110, �l.u�nac
000 BTU Natural Gas ornate,
Furnace
1 - 4 in. Draft Inducer for side wall venting
1 - Gas Line
1 - Side T;lall Return Air Grill
41 Ft. Warm Air Supp1Y Duct with 5 lrlarm Air
ffiffusers
1 - Combustion Air Duct
l - T-87 Thermostat
Necessary electric wiring
Mechanical Room to be built as per conversation
wit1-1 Mrs LeRoy Houser.
4.,i2 0,00
�p PI'i1.pASP hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
'Ment to be made as follows:
dollars ($
---------------
)•
-material is guaranteed to be as s
mer accordin pacified. All work to be completed in a workmanlikeg to standard practices.Any alteration or deviation from above specifica. AUthOflZe 1 _
involving extra costs will be executed Onlyu
charge over and above the estimate.All agreements contingent n written e ponnstrikles,accidents l become anSignature `
.lays beyond our control.Owner to car fire,tornado and other necessa
vorker4r, J
s are fully covered b '
y Workmen's Compensation Insurance. ry insurance. Note:This propoSeLOMy be
withdrawn by us if not accepted within
TM days.
Irr;tunre d RpxApABilj—The above prices, specifications
:onditionS are satisfactory and are hereby accepted. You are authorized Signature
the work as specified.Payment will be made as outlined above.
)f Acceptance:
Signature
FORM 116 COPYRIGHT 1960 - NEW ENGlANO --
0
TO: Mayor, Council Members
FROM: Tom Brownell, Chief of Police
SUBJECT: Vehicle Towing Contract
DATE: December 5 , 1984
INTRODUCTION
The police department requires the services of a towing vendor
for the purpose of removing vehicles involved in accidents
and the impoundment of vehicles.
BACKGROUND
The current towing contract with Tri-S Towing Company expires
December 31 , 1985.
RECOMMENDATION
Authorize staff to advertise for bids to enter into a contract
for the towing, impounding and storage of motor vehicles for 1985.
COUNCIL ACTION REQUESTED
Authorize staff to advertise for bids to enter into a contract
for the towing, impounding and storage of motor vehicles for 1985 .
MEMO TO: John K. Anderson
FROM: Judith S . Cox
RE : Century Plaza Square 2nd Addition
Developers Agreement
DATE : December 10 , 1984
Inroduction:
The lending institution for the Shakopee ' 84 Partnership
is asking the City for assurance that Lot 2 , Block 1 , Century
Plaza Square 2nd Addition will not be held responsible for
the results of the actions of any other property owners or for
failure of other property owners to meet their responsibilites .
Background :
The attached letter provides the assurance requested and
has been reviewed and approved by Mr. Krass , Assistant City
Attorney.
Alternatives :
a ) Provide assurance
b) Do not provide assurance
Recommended Action:
Authorize and direct proper city officials to sign a
letter providing assurance to owners of Lot 2 , Block 1 , Century
Plaza Square 2nd Addition that said parcel will not be affected
by any legal action of the City with respect to any other
parcel of land.
J
WINTHROP, WEI NSTI N E & SEXTON
ATTORNEYS AND COUNSELLORS AT LAW
S H E RMA N WINTHROP 1800 C O N W E D TOWER
(612) 292-8110
ROBERT R. WEINSTINE
THOMAS J. SEXTON 444 CEDAR STREET
RICHARD A. NOEL
ROGER D. GORDON SAINT PAUL, MINNESOTA 55101
STEVEN C. TOUREK
HART KULLER
DAVID P. N December 7 , 1984
THOMAS M.. HART S
CARRON C. KNUTSON ,
WENDY WILLSON LEGGE i - V,
w
MARK J. BRIOL
GIRARD P. MILLER
SANDRA J. MARTIN
MICHELE D. VAILLANCOURT
MARY M. COLLINSJON J.J. HOGANSON
PEGGY A. NELSON
DAVID E.MORAN JR.
JAY R. NAFTZGER ^� /
SCOTT J. DONGOSKE •� J Y Jam' A
Ms. Judy Cox
City of Shakopee
129 East lst Avenue HAND DELIVERED
Shakopee, Minnesota 55379
Re: $515,000 City of Shakopee, Minnesota
Commercial Development Revenue Note of 1984
(Shakopee ' 84 Partnership Project)
Dear Judy:
In accordance with previous discussions I have had with you
and Mr. Krass , request is hereby made that the Shakopee City
Council approve the execution on its behalf of a letter in the
form attached hereto. Both Mr. Krass and the City Engineer
have apparently approved the form of this letter.
Please place this item on the agenda for the next City Council
meeting, which I understand will be held on Tuesday, December 11,
1984.
Should you have any questions concerning this document, please
feel free to call me.
Very truly yours ,
WINTHROP, WEINSTINE & SEXTON
By
ti
J n . ,Ho a son
JJH: rlg
cc: Phillip R. Krass , Esq.
Kristeen L. Hulsebus, Esq.
Mr. Jerome L. Hertel
Mr. Gary C. Janisch
December 7, 1984
First National Bank of Burnsville
900 West County Road 42
Burnsville, Minnesota 55337
Re: Lot 2 , Block 1, Century Plaza Square
2nd Addition, Scott County, Minnesota
Gentlemen:
Be advised that the above-described property will be treated
separately and will not be affected by the imposition or fore-
closure of any lien or by any other legal action by the City
of Shakopee on account of a default or nonperformance by any
party with respect to any other parcel of land or on account
of a default or nonperformance by any party other than Shakopee
' 84 Partnership with respect to the above-described property.
Very truly yours,
CITY OF SHAKOPEE
By
Its
1D
MEMO TO: Mayor and City Council
FROM: John K. Anderson , City Administrator
RE : Shakopee ' s Downtown Trunk Highway 169 Intersection
Improvements and Trunk Highway 101 By-Pass
Improvements
DATE : December 7 , 1984
Introduction
On October 16 , 1984 City Council passed Resolution No . 2324
(attached) . The purpose of the resolution was to clarify and
prioritize City and State efforts in seeking these improvements .
Recent Developments
Since the passage of Resolution No. 2324 staff has been discussing
the projects with Mr. Bill Crawford , the District Highway Engineer.
The purpose of these discussions was to determine the level
of City and State participation in these projects . The most
recent discussions were held on November 29, 1984 between Mr. Bill
Crawford and representatives from Barton-Aschman. Barton-AschmanIs
letter from John Mullan to me dated November 30, 1984 is a result
of that meeting (attached) . On Monday , December 3 , 1984 John
Mullan, Ken Anderson , Bo Spurrier, Judi Simac and I met to discuss
how the City should proceed.
It was the consensus of those present that before Mn/DOT would
make any specific financial commitment they would need an indication
from the City that the City was willing to participate in funding
the project( s) and would provide some of the "front-end" financing
for either or both projects . To make this next step as flexible
as possible we have drafted the proposed letter to Mr. Crawford .
Should Council approve the letter on December 11 , 1984 , it would
be hand delivered to Mr. Crawford on December 12th.
The purpose for proceeding as expeditiously as possible in our
negotiations with the Highway Department is two fold . Number
one , the downtown TH 169 intersection improvements are crucial
to the downtown redevelopment effort and involve a potential
Small Cities grant application due February 1 , 1985 . And , number
two, the By-Pass which is important to the Racetrack, Industrial
Park and City as a whole.
Alternatives
1 . Approve the letter to Mr. Crawford as drafted . The letter
is intentionally general about the City' s 50% participation .
A 50% participation level by the Highway Department on
the downtown improvements would bring in more State money
than currently in the Downtown Improvement plan budget.
We have no specific budget for engineering drawings for
the By-Pass ; however , three quarters of the By-Pass lies
within our Minnesota River Valley redevelopment district
and therefore is eligible for financing generated by tax
increment districts in the redevelopment district.
2. Reject the proposed letter to Mr . Crawford . Council may
feel that it is premature to proceed this quickly with
such a proposal . The goal of staff to obtain something
in writing from Mn/DOT that can be included in a possible
Small cities grant application on February 1 , 1985 may
be permature .
3 . Amend the proposed letter to Mr . Crawford prior to directing
staff to send the letter.
Recommendation
Staff recommends alternative No . 1 for the reasons discussed
above .
Action Requested
Direct the City Engineer- to send a letter to Mr. Bill Crawford
regarding the advancement of Shakopee ' s TH 169 intersection
improvements and TH 101 By-Pass improvements in accordance with
Resoltuion No. 2324 and Mr. John C. Mullan ' s November 30 , 1984
letter ; and that such correspondance indicate that the City
would discuss a 50% partnership for the two projects .
JKA/jms
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 ,
vacar�t 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 has encouraged and supported
construction of the Shakopee Bypass and has committed time and
talents of its staff, its volunteer committees , and its political
leadership and has acted to preserve right-of-way for this highway
through the official mapping process and through early acquisition
of right-of-way ; and
WHEREAS, MnDOT has recommended construction of the Shakopee
Trunk Highway 101 Bypass with the schedule to begin construction
in 1988 ; and
- tI
WHEREAS, the major development comtr,ittments 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 ,
encow-raging 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
l�
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 1 69/ 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 y Council
of the C ' y of Shakopke , nnesota , held this �r�K-- day
of 1984 .
Mayor of the City o S).akopee
ATTEST:
Citi Clerk
Approved as to form this
day of '..a , 1.984 .
City ''Attorney
L.
Barton-Aschman Associates, Inc.
1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421
November 30, 1984
Mr. John Anderson
City Administrator
Shakopee, Minnesota
Dear Mr. Anderson:
On Thursday, November 29, I met with Bill Crawford to discuss highway construction
activities in the City of Shakopee. I expressed to Bill our concern, and the city's
continuing interest, for advancement of the downtown improvement project. Bill
indicated that he is also concerned with advancement of these projects as they effect
state highway intersection improvements and he stated that he has held several
discussions with city staff regarding the proposed relocation of TH 101 and the of the TH
169 intersection improvement.
Bill stated that he will ask the state's bridge engineer to review, in some greater detail,
the existing structure and the proposal set forth in the report which Mr. Spurrier sent him.
He will also check with the U.S. Coast Guard regarding bridge clearances and their
requirements for a permit to allow additional construction at that location. He did state
that he feels a minimum design would include four travel lanes across the bridge and that
it is very unlikely that the substructure for the existing bridge can accommodate the
additional loadings without substantial construction. Informal discussions with bridge
engineers indicate that, from an economic standpoint, it may be less costly to build a
second structure than to rebuild the existing bridge.
In discussing the bridge work, Bill does not feel that a full environmental impact
statement will be required if a second structure is proposed upstream and the existing
bridge remains. However, we will not know for certain until after review of an
Environmental Assessment.
We discussed again the state's preference for helping communities which take the
initiative in developing projects which serve their area. (Bill has stated this many times
and we have frequently seen in print and heard from Dick Braun at seminars that MnDOT
is "pushing" for local-state partnerships in constructing new highway projects.) A number
of projects are presently under construction which would not have been built without the
city taking a lead role and investing both time and money to work with the state. Bill is
not in a position to tell the City of Shakopee that they should make the front end
investments for this project. However, he was very strong in his statement that if a
partnership is established with the city, he will seek every funding source and will find
every dollar which he can allocate toward specific items in the project. Until he has a
specific offer from the city, he really cannot make a stronger commitment at this time.
We, at Barton-Aschman, are concerned also about timely construction of the Shakopee
Bypass. We feel that the best insurance for keeping this project on track will be to
Ph
Barton-Aschman Associates,, Inc.
Mr. John Anderson
November 30, 1984
Page 2
advance the design to a point where the first construction projects can be let on short
notice. We feel that, with the interest and pressures for improvements in this area
(traffic pressures and political interest), funding realocations and/or additional funding for
construction will be found. However, to get the maximum impact of this momentum,
highway design should be advanced through at least the first phase of construction so that
a contract can be awarded as soon as; funds are made available.
In your conversation with Kien Anderson, you indicated that a number of local funding
sources might be available for work in Shakopee. This would include moneys for right-of-
way acquisition, relocation, design, and construction. With this in mind, and supporting
the city's policy statement, we propose that the city approach MnDOT with the following
partnership offer:
That the city take a lead role in advancing the downtown projects to construction at
the earliest possible data.
That the state agree to provide assistance (staff and construction financing) to the
degree possible for this work.
That the city and state agree to advance design of the Shakopee Bypass so that the
first stage construction projects of this project can be ready for letting at the
earliest possible opportunity.
From a pratical standpoint, we expect that the following costs will be involved in this
decision. Based on the city's estimate (Westwood Engineering's report of July 31, 1984)
and construction of a second bridge at a cost of $1,500,000, the downtown project
construction and right of way cost will be approximately $3,700.00. In addition, we
recommend that the city budget approximately $500,000 for legal fees, administration,
engineering, design, and miscellaneous administrative expenses.
Regarding the Shakopee Bypass, we expect the design for first stage of construction (a
four lane design with two lanes of construction, and intersections at-grade for both ends,
and with interchanges at County Road 83 and at CSAH 17 and 15) will cost in the
neighborhood of $1 million.
An additional $600,000 should be budgeted for unforeseen contingencies. This brings the
total cost to approximately $5.8 million. We recommend that a "partnership" be formed
with MnDOT calling for 50 percent participation from both the city and state. Such a
proposal from the city will would allow the state to decide which areas of contribution
they can most effectively produce and will allow the city to contract for those services or
construction items which are most critical from the standpoint of timing and
coordination. This will also allow maximum use of external funds which are available to
the city but which are not accessable to MnDOT.
el
Barton-Aschman Associates, Inc.
Mr. John Anderson
November 30, 1984
Page 3
We believe that this is the most efficient way keep both projects on track without
jeo ardizing one or the other as work progresses. BAA will continue to serve the city in
adncing this work under the earliest possible time schedule.
Sincerely yours,
ohn C. an, P.E.
Vice Pp6sident
Kenneth W. Anderson, P.E.
Senior Associate
CITY OF SHAKOPEE
INCORPORATED 1870 ,
129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 !
December 12, 1984 %
Mr. Bill Crawford
District Highway Engineer
Minnesota Dept. of Transportation
2055 North Lilac Drive
Golden Valley, MN 55422
Re: Advancement of Shakopee ' s Downtown TH 169
Intersection Improvements and TH 101
By-Pass Improvements
Dear Mr. Crawford:
In accordance with Resolution No . 2324 ( attached ) , the
Shakopee City Council at its December 11 , 1984 meeting , passed
a motion to jointly finance the above mentioned projects with
the Minnesota Department of Transportation ( Mn/DOT) . In the
interest of time , the City would be willing to share in 50%
of the project funding as outlined in Mr. John C. Mullan ' s letter
of November 30 , 1984 (attached ) .
The City of Shakopee is aware of Mn/DOT' s policy to share
project costs with communities in the State to move projects
along faster than might be the case if the project depended
solely upon Mn/DOT funding. For this reason we would like to
meet with you after you have had an opportunity to read Mr. Mullan ' s
letter of November 30th to begin discussing the specific elements
of a partnership which would significantly advance the City' s
proposals for the relocation of TH 101 and the TH 169 intersection
improvements in downtown Shakopee.
If you have any questions regarding City Council ' s action
please contact me . The City of Shakopee is looking forward
to working with Mn/DOT on these very important projects.
4cCiir
purrie
gineer
HRS/jms
cc : John Anderson , City Admr.
John C . Mullan , Barton Aschman
Ken W. Anderson , Barton Aschman
Jeanne Andre, Community Development Dir.
of I r 7rL: . _
An Eoual Onnortimit„
MEMO TO: Mayor and City Council
FROM: John K. Anderson , City Administrator
RE: Appraisal of Property to be Purchased by
Housing Alliance
DATE : December 7 , 1984
Introduction
City Council has been involved in the discussion surrounding
the purchase of four lots from Jerry Wampach by the Housing
Alliance . The Housing Alliance proposes to construct multi-family
housing on the site as part of Shakopee ' s downtown redevelopment
efforts . Questions have arisen about the proposed sale price
and the impact it may have on property taxes .
Current Practice on Tax Increment Land Write-down Procedures
The City has no particular approach to the acquisition of property
in tax increment districts when it acquires land to assist in
the land write-down for a particular tax increment project.
The City has done two downtown tax increment districts that
did not include any subsidy for the property owner. The City
has provided some sort of a subsidy for the Highrise project ,
the Racetrack project and the K-mart project . The City has
used appraisals for only the Highrise project . The Racetrack
project provides a subsidy that is a land write-down and the
K-mart project provided a subsidy for improvements only. Tile
question is what is the most appropriate way to approach the
land write-down as proposed by the Housing Alliance should it
purchase the Wampach property for its proposed multi-family
development.
The City initially proposed to simply purchase the property
from the Housing Alliance at cost. That has raised some questions
about the impact of such an arrangement on property taxes in
the downtown area . I have received and distributed to Councilmembers
a November 30th letter from LeRoy Arnoldi of the Scott County
Assessor ' s Office stating that the proposed sale would not be
used to determine local real estate values by either the County
Assessor ' s Office or the State Department of Revenue . A copy
of that letter is attached for your review.
The City has three other alternatives in approaching this proposed
purchase if the City wants more documentation regarding the
value of the property in question . The City can hire an appraiser
and that appraiser can determine the value of the property through
standard appraisal procedures . This procedure would not bind
either the Housing Alliance or Mr . Wampach , but would simply
provide the City with a benchmark in considering how much tax
increment it will provide the Housing Alliance as a property
'B
write-down . The second alternative is to have the City hire
an appraiser and Mr . Wampach hire an appraiser and agree to
average the prices . The third alternative is for the City to
proceed through condemnation procedures which would mean that
the City would have an appraiser and Mr . Wampach would have
an appraiser and that three condemnation commissioners would
determine the appropriate value of the land based on the two
appraisals. Should either party disagree with the commissioners
award legal action would be the next step .
Recommendation
Because there has been no one method by which the City has approached
tax increment subsidies whether they are of a property write-down
nature or not , I recommend that the City hire an appraiser to
give the City the proper value of the property. This could
quite possibly resolve any questions regarding the proper value
of the property , but if it does not , the other alternatives
are still available for any of the parties involved. The City
normally uses Bob Strachota of Shenehon & Associates , Ken Lewis ,
Peter Patchin , Frank Wicker or Mike Wiley . Mr . Patchin and
Mr. Wiley have appraised this parcel before and declined to
do it . Mr . Patchin recommended Bob Strachota who has provided
the City with the most accurate appraisals when challenged in
Court.
Action Requested
Authorize the appropriate City official to employ Mr . Bob Strachota
of Shenehon & Associates to complete an appraisal of Lots 4 ,
5 , 6 , and 7 of Block 31 in the Original Shakopee Plat at a fee
not to exceed $1 ,000 by January 15 , 1985 .
JKA/jms
ORDINANCE #
Fourth Series
AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY CODE ENTITLED "LISTING OF UNCODED
ORDINANCES IN EFFECT" BY STRIKING FROM SUBSECTION A OF SECTION III OF ORDINANCE
290 THE WORDS "AT THE SOLE EXPENSE" AND MAKING NO SUBSTITUTION
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS:
SECTION I: The following words shall be strcken from Subsection A of Section III
of Ordinance #290, to-wit: "At the sole expense."
SECTION II: When in force and effect
After the adoption, signing and attestation of this ordinance, it shall be
published once in the official newspaper of the City of Shakopee and shall be in
full force and effect on and after the date following such publication.
Adopted in session of the City Council of the City of Shakopee
held this day of 198
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as toform this
10th of De b.er 1984
Juli A. Coller, II City At orney
R Qk4l-NTA1CH jd<29C CHAPTER y.OF
An Ordinance Providing for the Conveyance of Certain Lands to the Scott Counter
Historical Society, Inc., and Attaching Certain Con0itions Thereto
ana Placing Certain Restrictions Thereon
tZiEEFEAS, The Scott County historical Society, Inc. , hereinafter referred to
as the Society, is a duly incorporated non-profit society under and
1 3 pursuant to
the la.o*s of the State of1.1innesota, and C
1",11,.i'.i.,A�3, Said society has - made a serious study for the development of an
f
historical site and park to be located on certain property hereinafter described
E
and has discussed the plans evolved as a result of such study with the City
Planning Commission of the City of Shakopee and the Common Council of the City
of Shakopee, and the Society has secured funds for further study and development
and is in the process of securing other and additional funds for said purpose, and
?EEMILiAS, The Society has alleged and demonstrated that a prime condition `
prerequisite to the securing of additional private and other funds for the further
development of said historical site and park is the acquisition of legal title to
said land, and
ittLEFEAS, The Planning Commission of the City of Shakopee has on June 18, 1968
• by a unanimous vote of all of its members duly determined that the City property
hereinafter described would serve a superior public use and purpose if in fact
• developed and used as contemplated by the Society, and that .it is not desirable
for public purposes in its present state and use, and has recommended the conveyance
of said land to the Scott County Historical Society, Inc. for such purpose.
• T' FIiEUF?�, THE CO,aN191iv COUNCIL OF THE C OF SHAkOPEE, DOES ORDAIN:
SECTION I: Adonting .and Approving the Findings of the Planning Commission
. The Common Council hereby adopts and approves the findings of the Plannin;_;
Cor-mission that the property hereinafter described is no longer needed by the
City of Shakopee for its present use and purposes and it is not desirable for
public purpose in its present state, and the Council has no plan for the furtaer
use and development, but that the property :Hereinafter described would serve :the
hiEhest foreseeable public use and purpose if conveyed- under certain conditions
to the Scott County historical Society, Inc. for the development of an historical
site and complex.
i
S CTTOI,I II: Directing Conveyance ?i
The Cor^.^ion Council of the City of Shakopee hereby authori zEs and. approves •
i
the conveyance and transfer of title to the Scott County Historical Society, inc.
for the nominal consideration of One and no/100------------------------Dollar
the follow-inc- described tract of land, to-crit: •
L
The following part of the City property, which City property is
described as follows, to-wit: Government Lots 1 and 2, Section •
32, Tovnship 116 '.forth, P.an[.e 22 hest; that part of Government
Lots 1 and 2 the Northwest :,,uarter of the ITortheast Zuarter,
and the 'Northwest :Zuartcr of the Northwest Quarter of Section 5,
To reship 115 north, Pang;e 22 ?,,est lying Plorth of the North line
of State Trunl. Hi hi:ay ;=101, beinS route k187, which said property •
to be conveyed by this deed is more particularly described as
follows; lying East of the following line:
i
Beginning at a point on the centerline of the west bound lane of
Trunk Highwayx-1019 distant 1671.07 feet (as measured along the
centerline of said lane) East of the West line of Section 5,
Township 115, Range 22; thence North at right angles a distance
of 202 feet; thence deflecting to the 'eaest at an angle of 87048'
a distance of 67.77 feet; thence deflecting to the idorth at an • f
angle of 23010' a distance of 251.4 feet; thence deflecting; to
the North at an angle of 23033' a distance of LF 3.1 feet; thence
North a. distance of 130 feet more or less to a point 30 feet
Porth of the North bank of the Mill Creek; thence Easterly and
parallel to said North bank to the iinnesota River and there
terminating.
Excepting therefrom the following described tracts:
1. The Ilortheast quarter of the Northeast Quarter of the Northeast
i::uarter, Section 5, Township 115 IJorth, Range 22 West, lying north
of the North line of State Trunk Highway ;p101, and
Reserving, however, unto the City of Shakopee all right, title and interest •
in all structures and improvements in and on and the right to possess for a period
not to exceed ten years from and after January 19 1969 the following tract, to-gait: •
The South Half of the Southeast Ouarter of 1Iorthwest ;;uarter of
Northeast !.,,,uarter of 'Northwest (quarter of Section 5, Township
115 North , Range 22 `,Test lying 'North of the :North line of State
Trun'c Highwa;r : 1019 and •
Reserving further, as a roadway, a strip of land 50-feet in width, the center-
line of which coincides with the centerline of the existing traveled roadway as
presently located and traveled; said. strip of land being located in the 'Northwest
)uarter of Section 5, Township 115 Nor`tuh, P.ange 22 West and running in a general
northerly .. southerly di rection between State Trunk Highwajr 101 a�d 30 feet 'Torth
of the ',.ill ;,reek, but granting to said grantee, its licensses and invitees, t'_.c
full ri-ht to use said road for passage in common with others, all the above land `
its age ts' departmdepartments and commissions, without incurri n any liability damaZes
or indemnitor whatsoever to said Society. v •
h• That, should the Society fail to attract the anticipated financial support
and to develop an6 use andproperly maintain said site as proposed and hereinbefore •
set out, or fail to comply •.•;ith any of the terns of k
this ordinance, title to sai
site to'gether tri-�h all improvements and betterments thereon shall. revert • to and
become vested in the City of Shakopee free and clear of any claims of any person,
f4ri-1, corporation or association; and any dispute or question as to the Society's
performance here*.nder shall be in the first instance determined by the Common •
Council of the 'ity of Shakopee at a public hearing to be held after thirty clays'
written notice to said society specifying the grounds for said hearing, with the •
right of the Society to appeal to the District Court of proper jurisdiction within
thirty days after said hearing and determiation by the Council. j
I. That the Society by accepting this conveyance waives any and all claims
that it noir has or may hereinafter have for its own benefit or the general public •
or for its invitees and licensees against the City of Shakopee for any reason or
cause that arose, arises or might arise or result from the operation of the present
sewage disposal facilities operated by the City of Shakopee in the vicinit-r of the •
sets*age
above described property of any future disposal operations carried on in the vicini.u,
of the above described land. •
SECTION IV: Separability
Each and every section, provision and part of this ordinance is separable
from any other section, provision or part, and, should any section, provision or
part be held unconstitutional by a Court of competent jurisdiction, it shall not
affect any other section, provision or part hereof.
SECTIO-l'- V: Acceptance by the Society and 1%'hen it Force
This ordinance shall become effective thirty (30) days from and after its
adoption and publication as provided by the amended Charter of the City of Shakopee;
Provided that the Society shall file a duly notarized acceptance of all terms h ereof,
upon authorization given by a vote of the general membership of said Societ"r ruler
assembled.
SECTIOiu III: Limitations and Reservations on Conveyance 7i
Said transfer anti conveyance above authorized and directed shall be upon the
following conditions, limitations, restrictions and further reservations, to-wit:
A. The site is to be developed for and used as an Historical Society Pari;
•
and E-useun at the sole en,ense of the Scott County Historical Society, Inc. and
the said development shall be co.,mmenced within twelve (12) months from the adoptinn
of this ordinance and shall continue thereafter under the direction of said Scott
Count,r Histo:rical SocietJ, Inc. for tile benefit, use and education of the general
• public, and upon such reasonable non-exclusive restrictions and limitations as
be adopted. bar said societ;T.
E. gnat the site and said improvements and betterments placed thereon shall
not be sol?., encumbered, mortga,;ed or bypothecated, and that the Society shall
keep said propertir Free of any and all liens and other Atachments at all times.
C. That the Society shall hold the City free and ha-n-less fT'o,il anc. all
clairts arising out of til
e use and development of said site as afo-re-mentioned and
• will defend the City against an- and all claims of whatever kind, nature or descrip-
tion, and before opening to the public shall file urith the City of Shakopee a
• public liability policy i:*ith the City of S'_ial:o;oe and Scott County Hi s-torical
Society, Inc. nar_ed as assuren.s thereunder.
• D. That the Society maintain at all times, a minimum act_ve, paid-up membership �
roster of one hundred 100 Scott County residents.
That the Society file complete annual financial statements with the City
of Shakopee, indicating all monies directed to, and received for, the Shakopee
project to be developed on the hereinbefore described land; and verifyinz. that
• at least a substantial ariount of all said monies be committed for the physical
development and artifacts to be placed on and for the maintenance of said. project
on said land above described.
F. That the Society hold at least two general meeting„ per year and an
annual election of officers, and promptly file the names of said c a officers ,F
o
elected with the City of Shakopee.
G. That the City- of Shakopee reserves the right to negotiate with the State
of 1-11innesota for the location and construction of a bride . hi ghwa r and inter ' .
, -� � � crangP
,-Tsar and across said tract a5 now beim' Stl1C1iP.C9 nv t,hP. ('.i t.v_ tho q+a+� -P
I
Passed in Jj_.ReF. session of the Common Council of the city of
held this 17 day of December , 1968
Pr s�reLa' I the ConL-iorn Council
1
Cite Recorder
Appro ed this 1 :yp of TPecember 1938. .
iaro tip Ci.t,, o_f. Shabopee
I
i
Prepared anc, approved as to forr,i
•
this ljth da of I.ecer�ber, 1908,
City Attorney99
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MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
-Sale Intoxicating Liquor Licenses
RE : Apportionment of On
DATE : December 7 , 1984
Introduction
Council has set this Council meeting to discuss how to apportion
the City' s 12 on-sale intoxicating liquor licenses and adoption
of new criteria for consideration of new applications .
Background
Attached are copies of staff memos which have been distributed
earlier along with a table from the Building Inspector relating
to building costs . Also attached is a list of requirements the
Building Inspector is suggesting be added to the Code .
Using the table for computing costs for construction of a motel ,
the following ranges are established : Using the average cost of
a Class "C" motel of $55 . 00/sq. ft .
Average
Units Cost/Sq. Ft . Range in Possible Square Footage Cost
50 $55 . 00 10,000 sq. ft . to 32 , 000 sq. ft . 550, 000 -
1 , 760, 000
70 $55 . 00 14, 000 sq. ft . to 40,000 sq. ft . 770, 000 -
2 , 200, 000
100 $55 . 00 20, 000 sq. ft . to 40,000 sq. ft . 1 , 100, 000 -
2, 200, 000
This information is being provided to aid in considering requiring
a minimum investment for a hotel/motel .
A draft ordinance will be on the Council table on Tuesday and it
needs to be in affect January 1st . Per Council consensus of
November 20th it will apportion on sale liquor licenses and will
set a minimum investment for a hotel/motel :
restaurant/bar under 4, 000 sq. ft .
restaurant over 4, 000 sq. ft . -
hotel motel restaurant/bar -
Recommended Action
1 . Adopt or modify an ordinance which will apportion the three new
liquor licenses . Must be adopted and published prior to 1/1/85 .
2 . Direct preparation of an ordinance to incorporate other criteria
for consideration of license renewals as well as transfers , ie .
list from Building Inspector dated 12/84 items 1-5 .
JSC/jms
�3
12/84 from Leroy Houser, Building Inspector
Listed below are inspection, maintenance and permit require-
ments that should be incorporated into the new license
ordinance.
1 . Prior to issuing a license for a new facility, or
existing building which has never had a liquor
operation before , the facility shall be inspected
by the City Building Official , Fire Marshal and
Electrical Inspector for full compliance with all
applicable codes . Should nonconforming uses or
code violations be found, they shall be corrected
prior to the issuance of the license .
2 . All facilities operating under City of Shakopee
liquor license shall be connected to public
sewer and water.
3 . Occupant Loads .
All liquor establishments shall have room capacity
posted for permitted occupant load as computed
by Table 33A of the Uniform Building Code. ( State
Code)
(Council may wish to add suspension or revocation
clause based on occupant load violations . )
4. All liquor establishments are required to secure
permits prior to any construction, remodeling or
decorating which will alter floor plans , occupant
loads , wall , ceiling or floor covering or any
electrical , mechanical or structural change.
5 . Prior to reissuance of liquor license a code com-
pliance certificate must be issued by the Building
Official
LH: cah
MEMO TO: John Y. Anderson , CityAdministrator
FROM: Judith S. Cox , City Clerk
RE: Questions Raised Regarding On Sale Liquor Licenses
on October 16 , 1981 Council Meeting
DATE : November 16 , 198 +
Introduction & Background
On October 16th Council raised a number of questions relating
to the structure ( ie . building ) in which a licensee holds a
liquor license. The attached memo from the City Attorney addresses
these questions.
The building inspector has also advised me that the building
code does not require handicapped facilities for a change in
ownership of a license at the same location , but does require
handicapped facilities for a new structure or an old structure
undergoing renovation . Hence , handicapped facilities are not
required to be installed in any existing structure currently
holding an on sale liquor license. He also explained that an
existing structure does not have to be brought up to current
code if there is no threat to health or safety of customers .
While amending the City Code to apportion the on sale liquor
licenses in to different classes , Council may wish to have specific
language added addressing some or all of the questions answered
in the City Attorney' s attached memo dated October 31 , 1984 .
Alternatives
Question 1 .
Pro - would bring structure up to code .
Con - a) If owner occupied , licensee may not be able to afford
improvements and be forced to continue operating or
go out of business .
b) If renter , licensee would have no control of owner
making improvements and be forced to continue operating ,
go out of business , or help new owner find a new location.
Question 2 .
Pro - would bring structure up to code .
Con - would require new licensee to look for a structure already
up to code or find a location where the owner is willing
to make the necessary improvements.
Question 3 .
Pro - would bring structure up to code .
Con - may cause some existing licensee a hardship because of
improvements necessary.
Question 14 .
Pro - would free up a license temporarily.
would encourage a licensee to make necessary repairs quickly.
Con - this would cause a second hardship on a licensee .
in order to encourage restoration in a timely manner ,
a time limit might be established .
Question 5 .
Pro - would allow new contruction for a new licensee.
Con - a new restaurant , hotel , or motel may chose not to build
in Shakopee, if they weren ' t assured of a license .
Question 6 .
Factual - once a business ceases to operate , it loses its grandfather
rights, ie, if the Council chose to apportion 6 instead of 7
licenses to bars and small restaurants ( under 14 , 000 sq. ft. )
and if Cactus Jack ' s decided not to repair their building, that
license would become unavailable ; because we now have 7 licenses
of this nature and we would need to get down to 6 . If Council
goes with the recommendation in the staff memo apportioning
7 licenses to bars and restaurants , this is a mute point.
Recommendation
If Council is desireous of implementing any of the five questions ,
Please direct staff to incorporate them in the ordinance being
drafted apportioning on sale intoxicating liquor licenses .
JSC/jms
/ 3
J LIUS A. COLLER, II
JULIUS A.COLLER
Ie5e-19x0 ATTORATET AS LA-W
612
zip WEST FIRST nvENUE < c,S-I24n
SHAROPEE, TIINNESOTA
55379
Memo to Judith S. Cox, City Clerk
From: Julius A. Coller, II, City Attorney
In re: Questions raised regarding on Sale Liquor Licenses on October 16, 1984
Council Meeting
Date: October 31, 1984
1. Question - Can the City require a building to be upgraded when the owner of a license
sells an eXis.ting license to a new owner at the same location?
Answer: Yes, as long as the upgrading is for the purpose of bringing the building up
to standard or code.
2. Question - Can the City require a building to be upgraded when sell an existing
license to a new owner who is moving to a new location?
Answer: Yes. It would seem to me that this would be a case of a new business.
3. Question - Can the City hold up the renewing of a present licensee who has an
existing license and does not upgrade his business for a long period of time?
Answer: Yes., providing that the upgrading is required to bring the building up to code
and safety regulations.
4. Question - Should the City renew a license while a business is shut down for reasons
unrelated to the license?
Answer: This is primarily a question of city policy but it seems to me that if the
business is shut down for reasons- unrelated to the license, for example a fire, and
considerable reconstruction and repair is required, the license should not be forfeited.
3. Can the City issue a license when asn't yet constructed and if so how
long is such a license reserved for this business should it not be constructed?
Answer: Again this is a policy question. It would seem to me that if a license is
available and there are definite plans for constructing a premises to house the license
and the Council is s-o advised they can issue a license, out, the licensee should he
advised that the business must be in operation within a certain length of time or the
license will be revoked and this should be made a condition of the granted license.
6. Question - If the code would permit 9ClassA licenses and 3 Class B licenses, but
the City has issued more in a particular class at the time the numbers are established,
and if a license is not renewed and the business closes, and if a new party comes along
asking for the same class license 'is it still available or does the code govern making
that license not available in that particular class?
Answer: Code would govern the prior business as grandfathered in, but once not renewed
or lost for anyother reason grandfather rights would terminate and the code would
govern.
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iJ�Y — C11
MEt,O TO : John K. Anderson , City Administrator /_3
FROM: Judith S. Cox , City Clerk
RE : "On Sale" Intoxicating Liquor Licenses - Limited Plumber
DATE : September 13 , 1984
I_ntroduc f,i ori
On August 28th , Council directed staff to research further the
Possibility of allowing additional on-sale liquor licenses by
covering certain areas of concern expressed by Councilmembers .
Background
1 . Existing City Code - The current City Code contains the
following restrictions in issuing on-sale licenses , in addition
to state law :
a . Licenses not granted to persons of questionable moral
character or business reputation .
b . Licensees must furnish surety bond , insurance policy
and pay fees as provided .
C . Council shall revoke a license upon conviction of any
licensee or agent or employee of a licensee for violating
any law relating to the sale or possession of beer ,
wine , or liquor upon premises of the licensee , or if
such revocation is mandatory by Statute . If it shall
be made to appear at the hearing thereon that such violation
was not willful , the Council may order suspension , provided
that revocation shall be ordered upon the third such
violation or offense .
d . Hours of consumption , removal of containers and closing .
e . NO license shall be granted for operation on any premises
upon which taxes , assessments , or installments thereof ,
or other financial claims of the City are owned by the
applicant and are delinquent and unpaid .
f. A license may be denied due to a prior conviction of
a crime if such conviction directly relates to the occupa-
tion .
g . A $200 ,000 minimum investment is required for licensing
premises not previously licensed prior to January 1 ,
1978 .
h. Any establishment containing more than 4 , 000 sq . feet
must qualify as a restaurant receiving at least 50%
of its gross receipts from the sale of food for consumption
on the premises .
2 . Additional restrictions or criteria - Council nay wish to
consider adding; to the existing code , or adopt by resolution ,
or a combination of both , in considering applications for
on-sale liquor licenase .
a . No licansee shall be granted to or held by any person
who has willfully violated any law of the United States ,
the State of Minnesota , or any other State or Territory ,
or of any local ordinance regarding the manufacture ,
sale , distribution or possession for sale or distribution
of intoxicating liquor or whose liquor licanse has been
revolved for any willful violation of any law or ordinance
within the preceeding 15 years .
b . A manager of a corporation must possess the same qualifi-
er.; cis as if he iaere the applicant .
C . No delinquent or unpaid taxes to the State .
d . A restaurant must have a dining area , open to the general
public , with a total minimum floor area of 1200± square
feet .
e . A hotel must have a dining area , open to the general
public , with a minimum floor area of 900± square feet .
f. A restaurant or restaurant within a hotel shall be conducted
in such a manner that the principal part of the restaurant
business for a 'Licensing year is the serving of foods .
g . At the time of license renewal , the applicant shall
submit proof to the City that not less than 40% of the
gross sales of the restaurant is in the serving of food .
h. No liquor shall be made to or in guest rooms of hotels
unless in conjunction with service of meals to guests
and unless the location and number are contained in
the application for a license .
i . License any employee who sells , serves or delivers liquor
in or from any licensed premises .
j . No licenses shall be issued or renewed for any establishments
licensed after the effective date of this ordinance
r„hP_ !---- nn-t- ir..
laws governing building , electrical , plumbing , meachanical ,
safety , sanitation , structural integrity , handicapped
and fire codes .
l;. No license shall be renewed if there have been or
more occupancy load and/or noise ordinance violations
l3
during the preceeding licensing year .
1 . New on sale liquor licenses shall be issued only to
hotels and restaurants .
m. Licensee or manager of a corporation shall be a resident
of the metropolitan area .
3 • Application of New Criteria Against Existing Licensees -
application of some of the criteria mentioned in 2 . above
may be detrimental to some existing businesses , ie d , f,
g , i , j . A grandfather clause may or may not be desirable
within a time limit .
4 . Suspension or Revocation - Twp rurP�r a�Y �j.Uv-ztzes
for suspension or revocation of a license upon conviction
for violation of any law relating to the sale or possession
of beer, wine or liquor. It might be desirable to add the
items listed in 2. j above . Before a license can be suspensed
or revoked , a licensee shall be afforded a hearing and be
given proper notice . Considerable time may pass between
the date of a violation and a conviction of a crime . As
an alternative to waiting , violations of the City Code could
be considered at renewal time , at which time no public hearing
would be required an no suspension or revocation would be
taking place .
5 . Food and Beverage Licenses - Food and beverage licenses
are currently issued by the state and health and sanitation
inspections are being conducted by the State. Because State
personnel has been decreased over the years , current staffing
in Scott County is down to 1/ 10 of a man . Because of this ,
the County is gearing up to assume the State ' s responsibilities
in 1986 . Their plans , per Al F rechette are to make inspections
annually be begin with and moving towards semi-annually
ultimately within a year or two. Any establisment selling
food or dispensing beverages , with a serious health or safety
violation can be closed immediately by rhA
- - -------T--�-- --J - —.i..- 1a .Lv11- V1111.:C1 .
lectrical Codes - The City ' s 6 . Building , Plumbing , E
ty s Building Official and Electrica:
1 Inspector would be responsible for monitoring building ,
Plumbing and electrical violations if they were to be mor
iitored on a scheduled basis . There are at least three exist:
ing licensees who would need substantial improvements if they wer
,e not grandfathered in from compliance with existing codes .
ommunities - 7 . Restrictions by Other C
additional criteria for consideration a • Bloomington - The
it licanse listed_ in 2 above are from of an on-sale liquc
-dinance , except itemsj and k. In the Bloomington or
may, without any notice , suspend addition , the Counc
a
hearing on revocation for a period any license pending
not to exceed 30 days . Unlimited number of licenses
- 33 issued to date .
b . Lurnsville - In addition to some criteria already mentioned ,
Burnsville City Code apportions their on-sale liquor
Licenses - 13 for "On-Sale All license and 5 for "On-
Sale B " license . Currently issued - 10 Class A and
1 Class B . An on-sale A license is granted only to
hotels , restaurants and establishments for the sale
of "on-sale« liquor . An "On-Sale B" license is granted
only to restaurants or lounges which are part of an
integrated hotel or motel complex . In both cases a
$1 , 000 , 000 minimum investment is required , ex_cj1_s.i�,P_
C . Plymouth - The following criteria utilized by Plymouth
is in addition to some criteria already mentioned :
1 . For new license applications the application requires
sketches of building , floor plan , anticipated volume
of liquor to food and type of entertainment , if
any .
2 . The Council may suspend any license pending a hearing
on revocation or suspension. .
3 . No sales on the day of a state wide election .
4 . License shall be revoked upon conviction of the
licensee of a felony.
ruJ?&,6r of licenses , three issued to date .
Alternatives
1 . Hold a special election in November , 1984 increasing the
dumber of "On Sale" licenses .
2 . Hold a special election increasing the number of "On Sale"
licenses when a request is made .
3 . Adopt additional criteria to be considered when new applications
as well as renewals are considered .
4 . Adopt additional criteria to be considered when new applications
are considered , grandfathering in existing licensees for
a specific period .
5 . Leave existing criteria as is .
Action Recommended
1 . Determine whether or not to put on the ballot November 6th
asking the voters of Shakopee if' the number of on-sale liquor
licenses may be increased .
2 . If yes to one above , determine the additional number desired
and direct staff to prepare the appropriate resolution .
3 . Determine if additional criteria is desirable in considering
appa.ications .
r+ . If additional criteria is desirable , direct staff to prepare
the proper ordinance adding additional criteria to the existing
City Code , giving staff some idea of what criteria to add .
( Need not be adopted October 2nd , which is when a special
election should be called . )
Timing
The last possible date for Council to adopt a resolution setting
a special election is October 2nd , giving staff a reasonable
amount of time to have ballots printed .
JSC/jms
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox , City Clerk
RE: On Sale Liquor License Requirements
DATE: November 16 , 1984
Intro uc .1 on
The voters in Shakopee did approve , on November 6th, the Council
issuing an additional three on-sale intoxicating liquor licenses ,
over and above the nine now permitted by law. Council previously
indicated a desire to amend the City Code which establishes
the regulations of obtaining and maintaining an on-sale intoxicating
liquor license.
Background
In addition to state statutes regulating the sale of on-sale
intoxicating liquor , the City of Shakopee requires 1 ) a new
licensee to have a minimum investment in structure and fixtures
of $200 , 000; and 2) an establishment containing more than 4 ,000
square feet of space must receive at least 50� of its gross
receipts from the sale of food for consumption on the premises.
The following establishments currently hold an on-sale intoxicating
liquor license. All have a Sunday liquor license ( except Clair' s
Bar) and therefore meet the state statute definition of a restaurant.
*Pullman Club 1162 sq. ft.
Clair' s Bar 1472 sq. ft.
*Richard ' s Pub 3513 sq. ft.
*Cactus Jacks 21486 sq. ft.
*Arnies Friendly Folks 6148 sq . ft.
*Shakopee House Restaurant 14817 sq . ft.
*Rock Spring Supper Club 1091 sq . ft .
*Capone ' s Restaurant 14200 sq. ft.
*Granny' s Restaurant 11491 sq. ft .
A survey was made of a number of communities to learn whether
or not they require a minimum investment for a new licensee
and to also learn whether or not they apportion their licenses
to certain types of businesses. Our City Code permits the licensing
of hotels , motels , restaurants , exclusive liquor stores and
clubs. See attachment.
SURVEY
On Sale Intoxicating Liquor Licenses
New Applications
11-16-84
Mir" muzr InyeFtmen t APPorti onment
�vxlyn rark
Iv O
No Restaurant must be
Primary business
St. Louis Park No
No Must be restaurant
Chanhassen $500 ,000
No No restaurant requirement
Golden Valley No
No No restaurant requirement
Hopkins No
No No restaurant requirement
Minnetonka No
No Require 50% food sales
White Bear Lake No
No No restaurant requirement
Burnsville $1 , 000 , 000
Lass A No restaurant requirement 13 C:
'.ass B 5 C
Bloomington No
jo Limited to hotels and
restaurants
Plymouth $1 , 000 , 000
o No restaurant requirement N
Chaska No
o No restaurant requirement NI
No. St, Paul No
No restaurant requirement Nc
Inver Grove Heights No
�nses for
No restaurant requirement soructL
ares &
S valued fixture
1 , 000 , 000 under $
ses for
2 licen
res & structu
s valued fixture
, 000 , 000 over $1
Cottage Grove No
No restaurant requirement structures&for
fixtures valued
between $100 ,000
and $200 , 000
No restaurant requirement 2 licenses for
structure &
fixtures valued
between $200 , 000
and $300,000
Hotel , restaurant 6 licenses, fa^
structure &
fixtures valued
over $300, 000
Woodbury No
No restaurant requirement No
Shakopee $200, 000
No restaurant requirement No
SUMMaary Or
In examining the survey, it appears there are two
to consider in apportioning on-sale li liquor 1 . Possibilities
like to suggest a third : q licenses , and I would
1 . Establish classeswithspecific definitions asdoes Burnsville .
2. Apportion licenses based upon the value of the building
and fixtures as does Inver Grove Heights and Cottage Grove .
3 . Apportion licenses based on square footage, since we alread
restrict licenses to restaurants only if over 14 ,000 sq. feety
ie, .
a) bar and/or restaurant under 14 , 000 sq, feet
b) restaurant over 14 , 000 sq, feet
c) hotels and motels
Shakopee licenses currently issued as follows:
Bar and/or restaurant under 14 , 000 sq , feet 7
Restaurant over 14 ,000 sq, feet
Hotels and motels 2
0
Some possibilities might include :
Bar/Restaurant Restaurant
under 000 sa ft over 14 000 s Hotel
r+
Alternative 1 ) Motel7
n 2) 73 2
n 3) 7 4 1
1
Bar under 14 , 000 sq , ft .
Restaurant over and
under 4 . 00o scft Hotel or
N,otlt
Alternative 14) 10
" 5) 11 2
1
RecommPnriat; „n
Alternative No . 1 under the third
lity is recommended
because it is somewhat consistent withsourlcurrent restaurant
requirement if the establishment is over 14 , 000 sq , feet, This
alternative also reflects staff ' s perception that Council is
not interested in licensing additional bars , but rather attracting
a major restaurant and two hotels . I
t n adopting alternative
No . 1 , I d like to point out that there would be no license
available for another restaurant like Granny ' s or Mr. Steak.
Action Reeuested
Direct staff to prepare an ordinance apportioning the City ' s
12 on sale liquor licenses :
a. Exclusive liquor store or restaurant under 4 , 000 sq. ft . -
7
b . Restaurant over 14 , 000 sq . ft . with 50p of gross receipts
from sale of food - 3
C . Hotel or motel - 2
ORDINANCE #154
Fourth Series
An ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE CITY CODE CHAPTER 5 ENTITLED
"LIQUOR, BEER AND WINE LICENSING AND REGULATIONS" BY ADOPTING ADDITIONAL RESTRICTIONS
AND REGULATIONS FOR THE GRANTING OF ON-SALE LIQUOR LICENSES AND BY REPEALING SOME
AND BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAPTER I AND SECTION 5.99 WHICH
AMONG OTHER THINGS CONTAIN PENALTY PROVISION.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS:
SECTION I: Repeal
Sub&. ii of Sec. 5.32 and Subd 12 of Sec. 5.32 are hereby repealed.
SECTION II: Minimum Investment
Any initial on-sale liquor license issued for premises not previously licensed
and subsequent toJanury 1, 1978 shall not be granted unless the licensee has an invest-
ment therein of at least $200,000 in fixtures structures, exclusive of land except for
a hotel or motel restaurant lounge, which -sill require an investment of at least
$2,000,000.1n structures and fixtures, exclusive of land. The Council may provide for
an independent appraisal, at the expense of the applicant, as an aid in determining
such value. If this provision is not complied with within one (1) year from the date
of issuance of the license, the same shall be grounds for refusal or revocation of
the license. Provided, however, that, if the license of a licensee shall be revoked,
a subsequent license shah nQt he isstaed tbQxeon this
Subdivision.
A. For the purposes of Subdivision 11 hereof, any premises which previously
held a club license shall Be regarded as a premises previously licensed so as to
exempt such premises from the provisions of Subdivision 11.
SECTION III: Class and Number of Licenses
On-sale intoxicating liquor licenses shall be classed and granted only as
follows:
A. Restaurants or exclusive liquor stores as defined in this Chapter and which
receive at least 50% of its gross receipts from the sale of food for consumption
on the premises and has under 4,000 square feet of customer floor area. Not more
than seven (71 of these shall be in force at one time.
B. Restaurantsas def inert in this Chapter and which receives- at least 50I
of its gross receipts from the sale of food for consumption on the premises and
has over 4,000 square feet of customer floor area. Not more than three (3) of
these shall be in force at any one time.
C. Hotel /Motel Restaurant Lounge as defined in this Chapter and which
receive at least 50% of its gross receipts from the sale of food for consumption
on the premises. Not more than two (2) of these shall be in force at any one time.
SECTION IV: Penalties-
The
enaltiesThe Shakopee City Code Chapter 1 entitled "General Provisions and Definitions
applicable to the entire City Code including penalty provisions." and Sec. 5.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though
repeated verbatim herein.
SECTION V: When in Force and Effect
After the adoption, signing and attestation of this Ordinance, it shall be
published once in the official newspaper of the City of Shakopee and shall then be
in full force and efect.
Adopted in session of the City Council of the City of Shakopee
Minnesota held this, day of 198
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved asto form this
10th day of December, 1984.
City Atto ey�
/'3
ORDINANCE N0. 155
Fourth Series
An Ordinance of the City of Shakopee Amending; Shakopee City Code
Chapter 5, Entitled "Liquor, Beer and Wine Licensing and Regulations"
By Adopting Additional Restrictions and Regulations for the Granting
of On--Sale Liquor License and by Adopting by Reference Shakopee
City Code Chapter 1 and Sec. 5.99, which among other things contain
penalty provisions
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I: Shakopee City Code amended by adding restrictions and regulations
to Sec. 5.32
The Shakopee City Code Sec. 5.32 is hereby amended by the addition
of the following:
Subd. 9:-After the day of
no license shall be issued for any On-Sale liquor establish-
ment not having city water and sewer connections with suitable
lavatory facilities.
SECTION II: EXCLUSIONS
The city sewer and water requirements are not applicable to any establishment
beyond such city services.
SECTION III: PENALTY
Shakopee City Code Chapter 1 entitled "Ceneral Provisions and Definitions
applicable to the entire City Code including; penalty provisions" and Sec. 5.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety by
reference as though repeated verbatim herein.
SECTION IV: When in force and effec4
After the adoption, signing and attestation of this Ordinance it whall be
published once in the official newspaper o f the City of Shakopee and shall then
be in full force and effect.
ORDINANCE NC; 156
Fourth Series
An Ordinance of the City of Shakopee Amending Shakopee City Code,
Chapter 5, Entitled "Liquor, Beer and Wine Licensing and
Regulations" By Adopting Additional Restrictions and Regulations
for the Granting of Beer Licensesand by Adopting by Reference
Shakopee City Code Chapter 1 and Section 5.99 which Among Other
Things Contain Penalty Provisions.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA., ORDAINS:
SECTION L. Shakopee City Code amended by adding restrictions and regulations
to Section 5.13.
Shakopee City Code, Sec. 5.13 is hereby amended by adding the following,:
Subd. 6. After the day of
198
no license shall be issued to any establishment not having city
,4
water and sewer connections Iwith suitable lavatory facilities
SECTION II: EXCLUSIONS
The City sewer and water requirements are not applicable to any establiah-
ment beyond such city service nor to temporary beer license.
SECTION III: PENALTY
Shakopee City Code Chapter 1 entitled "General Provisions and
Definitions applicable to the entire City Code including penalty provisions" and
Sec. 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety
by reference as though repeated verbatim herein.
SECTION:IV: When in force and effect
After the adoption, signing and attestation of this Ordinance it shall be
published once in the official newspaper of the City of Shakopee and shall then
be in full force and affect.
Adopted in __--session of the City Council of theCity of Shakopee,
Minnesota held this day of
ATTEST:
. 1984.
Mayor of the City of. Shakopee
City Clerk Prepared and approved as to form this 10th day of ?december, 1984.
TENTATIVE AGENDA
Downtown Ad Hoc Committee
December 12, 1984
7:30 A.M.
Chrmn. Laurent presiding
1. Call to Order at 7:30 A.M.
2. Approval of minutes on November 28, 1984 meeting.
3. Review of Tour of Streetscape Improvements
4. Small Cities Development Grant
a. Rehabilitation Loan Program
b. Other Components
5. Other Business
6. Adjourn to January 9, 1984
Jeanne Andre
Community Development Director
IF YOU ARE UNABLE TO ATTEND THE MEETING,
PLEASE CALL JEANNE OR TONI TO LET THEM KNOW.
PROCEEDINGS OF THE
DOWNTOWN AD HOC COMMITTEE
SHAKOPEE, MINNESOTA
November 28, 1984
Chrm. Laurent called the meeting to order at 7:36 A.M. with the
following voting members present: Jerry Wampach, Terry Link,
Mike Sortum, Dan Steil, Don Martin and Jim Stillman. Absent:
Steve Clay, Bill Wermerskirchen Jr. and Joe Topic. Also present:
Jeanne Andre, Director of Community Development, John K. Anderson,
City Administrator and Mel Lebens.
Steil/Link moved to approve the minutes of November 14, 1984 as
presented. Motion carried. Gary Laurent abstained.
Jeanne Andre informed the committee that the City Council did
nominate Dick Stok's and Terry Forbord to the Downtown Committee
and would be appointing them at the next City Council meeting
on December 4, 1984.
.Chrm. Laurent informed the committee that the Industrial
Commercial Commission (ICC) has requested that rather than
appointing another liaison to the Downtown Committee, that the
Downtown Committee send a liaison to the ICC. Terry Link
volunteered to serve as liaison to the ICC.
Chrm. Laurent then asked whether the Downtown Committee would
agree to make a presentation at the 1985 Industry and Commerce
Day which will occur at Canterbury Downs in July or August.
Discussion followed with the consensus being that the Downtown
Committee should participate in the Industry and Commerce Day,
with Dan Steil suggesting a sub -committee be organized to work
on a presentation. He volunteered along with Gary Laurent, so
they will be looking for other recruits.
Jeanne Andre gave an update on the preliminary review of
the Housing Alliance tax Increment application for a
senior housing project in downtown Shakopee. The basic proposal
by the Housing Alliance is the -construction of 40 units, 20
rental and 20 condominium on Lots 4, 5, 6 & 7; Block 32 of the
-CU
DaS`ka4Q__thP__i_r+hq -,ZC; +��+ ori „
1 J L L V 111111..) - V1
rental and the second 20 condominium units. They anticipate
both would begin construction in 1985. The Housing Alliance
cN cs�r�tatives wish to reach a preliminary agreement with the
City on the type and amount of public assistance the City woula
consider providing to make this project work before they proceed
with detailed drawings and additional planning.
three
Downtown Minutes 11/28/84
John Anderson added that he thought Jeanne's two different kinds
of programs were good, but might cause some confusion. Maybe
we should ask ourselves, what's going to make it work and what
kind of incentive do we need to establish it so people start using
it.
Chrm. Laurent asked how much of a grant we would be applying for.
Jeanne informed him that this was still to be negotiated.
Mel questioned if we had to determine exactly what the nature of
the grant would be and all the details of how the loans would be
structured. Jeanne said it would help to enhance the application
if we did. Then Mel suggested that the initial goals be examined
and then set conditions to meet those goals.
Chrm. Laurent felt the money available from this loan program
should be used to benefit other businesses, rather than just
the businesses getting the loan.
Consensus of the committee was that they wanted more people involved,
like 20 - 30, instead of just a few larger projects and that we should
focus on exterior developments.
Dan Steil questioned a grant for residential improvement mentioned
at the last meeting,if this was included in this grant proposal.
Jeanne said she didn't focus on this, but could.
Jeanne will work on the suggestions and bring back some ideas
on matching of funds, an amount to be applying for, along with
some focus on residential improvement and some more information
on existing State Programs that could be used to help businesses
expand.
Link/Stillman moved to adjourn at 9:05 A.M. Motion carried.
Toni Warhol
Recording Secretary