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HomeMy WebLinkAbout04/02/1985 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Non-Agenda Informational Items DATE : March 28 , 1985 1 . We received a very nice thank you note from the family of Lynn Cheever for the flowers we sent. 2 . There will be a legislative hearing on Mn/DOT' s highway funding bill on 10: 00 a.m. on Wednesday, April 3rd in Room 112 of the Capitol . Bill Crawford had contacted us to tell us that it would be useful to have as many city officials present as possible . This funding bill deals with all highway projects generally and not with just our specific projects. 3 . The City of Shakopee' s labor negotiations with Police Local 320 have now completed the mediation stage and the Police Local has filed for arbritation. They filed for arbritation in 1984 and we settled before an arbitrator was selected . The union has not reduced its initial list of demands we received early this winter , and they are drawing comparisons between SPUC benefits and City benefits which we are arguing is like comparing "apples and oranges " . Specifically , SPDC pays 95% of family health benefits , approximately $28 . 00 for family dental and has 12 paid holidays . If you have questions regarding the manner in which negotiations are proceeding please feel free to call me. The City will not expend additional dollars until we formally begin arbitra- tion. 4 . The March 21st issue of the Star and Tribune had an article listing 1985 Metropolitan area cities mill levies . The City of Shakopee was No. 52 of 85 cities with a mill levy of 18 . 190 and the overall 85 city average of 17 .790 mills. 5 . Chuck Dimler ' s office called to inform us that the happy hour bill is H.F. 459• The bill is still in progress in the Commerce and Economic Commission. 6 . Attached is a memo from Jack Coller regarding river tours. 7 . Attached is the cover memo from the Metropolitan Council regarding the solid waste management development guide/policy plan . One or two key changes were made in the plan as a result of action by the Municipal Caucus, AMM and other groups and I have underlined the most significant one. 8 . Attached is a response from Senator Dave Durenberger to our letter regarding general revenue sharing . Senator Durenberger favors preserving revenue sharing . 9 . Attached is an excerpt from the recent League of Minnesota Cities magazine regarding Councilmembers and conflicts of interest. 10. Attached are two 'letters from Scottland , Inc. dated March 20 , and March 19 , 1985 . The March 20 letter refers to the article in the Minnesota Real Estate Journal which incorrectly stated that Scottland planned to rezone 1000 Of its 1100 acres of its vacant land . The second letter is regarding a rezoning request for property east of C. R. 17 south of the Junior High. 11 . Attached is a handout; I received on a recent tour of Canterbury Downs with the Metropolitan Council. I thought all Council- members might be intErested in the information in the handout. 12. Attached are the minutes of the March 7 , 1985 meeting of the Shakopee Coalition. 13 . Attached are the minutes of the February 26 , 1985 meeting of the City Hall Siting Committee . 14 . Attached are the minutes of the March 18 , 1985 meeting of the Baseball Lighting & Stadium Committee . 15 . Attached are the minutes of the February 25 , 1985 meeting of the Shakopee Cable Communications Advisory Commission. 16 . Attached are the minutes of the March 7 and March 14, 1985 meeting of the Board of Adjustment and Appeals meeting . 17 . Attached are the minutes of the March 7 and March 14 , 1985 meeting of the Plann::ng Commission meeting . 18 . Attached are the minutes of the March 7 and March 13 , 1985 meeting of the Downtown Ad Hoc Committee meeting . 19. Attached are the aE,endas for the April 4 , 1985 meetings of the Board of Adjustment and Appeals and Planning Commission. 20 . Attached is the agenda for the April 3 , 1985 meeting of the Downtown Ad Hoc Committee meeting . 21 . Attached is a mailing from the Eden Prairie School District No . 272 regarding the construction of a new elementary school . The packet regarding this project was mailed to School District No. 720 and the City for review and comment under Metropolitan Council guidelines. I contacted Virgil Mears and he indicated that District No. 720 has reviewed the information and has no problems with the Eden Prairie proposal . 22. Attached is the monthly calendar for April . 23 . The City of Mounds View is seeking assistance from metropolitan cities to help them defend the integrity of their Comprehensive Plan and Zoning Ordinance . Their Planning Commission and Council denied a request for rezoning because the rezoning would not be in conformance with their Comp Plan . The applicant appealed and the court decision overturned the Council decision, stating that it was without rational basis. Recently Mounds View filed an appeal because the enforceability and credibility of the Comprehensive Land Use Plans are at stake, not only for them, but all of the communities that complied with the Land Planning Act . Staff has requested comment from the Assistant City Attorney and the AMM . Further information should be available for the April 9th meeting with the Planning Commission. 24 . Attached is a memo from Gregg Voxland regarding changes in our employee health plan. 25 . Attached is a memo from Barry Stock regarding amendment to Cable Franchise Ordinance and proposed rate increase. JKAljms cJULIUS A. COLLER, II JULIUS A.COLLER ATTORNEY AT LANA 612-445-1244 1859-1940 2 1 1 WEST FIRST AVENUE SHAKOPEE, MINNESOTA 553Z9 March 21, 1985 Memo to: Judith S. Cox, City Clerk From: Julius A. Coller, II RE: River Tours I have reviewed George Muenchow 's note to you of March 13, 1985 regarding proposed River Tours during the summer. The purpose of the letter was to alert the City to consider what the City would require by way of permits, insurance, stipulations, inspections, etc. at the present time. I do not think we have any jurisdiction over this matter to require any thing regarding insurance or license or anything else. As I see the proposed tours will operate a boat solely on the Minnesota River and that is under the jurisdiction of the Federal Government and I don't think we have any control over anything that goes on on the River even though they might use our docking facilities. Conversing with you •you stated that Mr. Houser said something about the advisability of constructing a handrail down to the loading dock and if this is his recommendation for safety purposes, I think this is something the City should do regardless of propRgsed River Tours because we have this open for the use by the public0ocking facilities we should do all that is reasonably necessary to keep those facilities safe. o�ita� � O�,�rV O Metropolitan Council �. I; �'� 300 Metro Square Building Seventh and Robert Streets a St. Paul, Minnesota 55101 March 22, 1985 �. Telephone (612) 291-6359 I'"IN TO: Metropolitan Area Citizens and Governmental Officials SUBJECT: Adoption of Solid Waste Management Development Guide/Policy Plan and Final Statement of Findings and Conclusions The Metropolitan Council on Mar. 14, 1985, adopted the new Solid Waste Management Development Guide/Policy Plan and a final statement of find- ings and conclusions regarding public hearing comments made on the guide. Enclosed are copies of the final statement and a summary of the guide. They are being sent to you until the guide, incorporating all the changes approved by the Council , can be made available. One of those changes in the guide was to allow v artici ation jn_aource separa ion ning whether a mandatory approach eded. IT by Jan. 1, 1988, voluntary e or s o ci les, townships and counties have not achieved the Council 's objectives for waste reduction and source separation, mandatory source separation would go into effect by July 1, 1988. The new guide also requires: - A ban on landfilling of compostable waste (such as leaves and grass clippings) , recyclables (such as newspapers, cans and glass) and combustible solid waste after 1990; - The opening of up to three new landfills intended to accept only residuals remaining after waste has been processed; - Establishment of region-wide programs for public education and participation and for developing markets for recovered materials and energy. The Council appreciates very much the comments and direction given by citizens, officials and others on the guide. Seventy-two persons pro- vided testimony for the public hearing record and over 500 pages of written and oral comments were provided. The response helped make the guide a better document and shows the importance of solid waste manage- ment to the Metropolitan Area. Copies of the guide will be available toward the end of April . Ques- tions about the new guide can be directed to Paul Smith at 291-6408. Sincerely, ; Vic/'✓1�Iv Sandra S. Gardebring Chair SSG: sje An Equal Opportunity Employer DAVE DURENBERGER MINNES07A "Zi C"Hab zf afez WASHINGTON. D.C. 20510 R �..';?u March 21 , 1985 NEAR 2 5 1985 John K. Anderson CITY OF SF-iAKOPEE City Administrator City of Shakopee 129 East First Avenue Shakopee , Minnesota 55879 Dear John : 13ain you iGr taking the to contact il office tv share your views on the proposal by President Reagan to abolish the General Revenue Sharing program. As you know, I have been a long time advocate of General Revenue Sharing. In the 98th Congress , I was the principal sponsor of a bill to extend the program for three years at $4 . 6 billion per year . My legislation eventually had 75 cosponsors in the Senate and passed the Congress with much opposition . When the President signed it , he declared GRS dollars to be "the best spent dollars in the whole federal budget . '" Now he is proposing an early termination of the program. Those of us who understand the purpose and value of the GRS must once again join together to remind the President , Congress and the nation of the importance of this program. At a time when the federal budget deficit is truly staggering, cuts in spending must and will be made . But GRS is unique among all programs . It is the one grant to state and local governments that provides the flexibility that local officials need to respond to their highest priorities as they see them, and not as they are imagined to exist in Washington . And GRS is only partial compensation for the many strings and mandates imposed on local government by the federal establishment . I have always believed that GRS could serve another purpose . If we did a better job of allocating the dollars across the nation by adjusting the formula , GRS might also be used to mitigate the disparities in fiscal capacity that exist between states and regions of the country. Frankly, there are some communities in Minnesota which really don ' t need much revenue sharing given their ability to raise taxes locally. In other parts of the State like the Iron Range and small rural communities , especially, GRS is counted on to get the town or county through these hard times. So I will continue to push for the changes I sponsored in the last Congress that will make GRS more equitable as between communities . I look forward to supporting revenue sharing throughout the budget process and will do my best to preserve it for those communities which have the least capacity to raise revenues to March 21 , 1985 Page 2 their own . Once again I thank you for taking the time to share your views on this and other issues of national importance . Please keep in touch. 4� Sin erely, renberger nited States Senator DD/jte 7 Did You know? Peter Trit Councilmembers: Conflicts of interest } May a city hire or contract with The reasoning is that since the contract an interested spouse in several instances the spouse of a councilmember? was in effect prior to the election, the (such as contracts less than$5,000).The The short answer is that such arrange- councilmember was not"...authorized to city should strictly construe these excep- ments appear to be improper and, there- take part in making..." the contract. tions and should read them as permitting fore, cities should generally avoid them. However, the last paragraph of the only a contract with the spouse. That is, Whether they are actually illegal depends attorney general's letter contains a note the wording of the exceptions does not on several issues. The first question is, of caution. Future council actions such as permit the city to contract with a third "Does the councilmember have a per- a change in the employee's salary or any party where the councilmember has an sonal interest in his or her spouse's action on promotion, discipline, or dis- interest in the third party's contracts. If contract with the city?" In other words, missal of the employee would involve the this reading is correct, a contract with a does the councilmember in any way "making" of a contract. So although a councilmember's spouse would be pro- benefit personally from that contract? In conflict of interest violation would not hibited even if the contract were under most cases, the answer is yes. necessarily arise immediately when the $5,000. But, if the husband and wife maintain spouse takes office, almost certainly dur- In a 1965 opinion, however, the attor- separate finances and have an established ing the councilmember's term a situation ney general does not adopt this strict agreement to divide responsibility for would arise causing a prohibited conflict reading of the statute. That opinion their joint expenses so that one spouse's of interest if the spouse remains on the clearly assumes that the exceptions apply earnings do not affect those of the other council. to contracts with the official's spouse, as spouse, then arguably neither would The third question is, "Do the excep- well as to contracts with the official. The have a personal interest in the other's tions to the conflict of interest statute opinion does not expressly consider the contracts. In such a case, no conflict of apply in such cases, assuming the coun- question of whether the exceptions interest problem would exist. cilmember does have an interest in the apply; it's hard to see any reason why Assuming that the councilmember spouse's earnings and the council is the Legislature would want to permit does benefit from the spouse's earnings, taking action relating to the spouse's direct contracts while prohibiting similar the next question is, "Does a prohibited employment?" contracts with a spouse. conflict arise?" A 1976 letter opinion of Minnesota Statutes 471.87 generally Thus it seems reasonable to rely on the attorney general concludes that the prohibits a councilmember from having a the exception in M.S. 417.88 for small mere election of a police officer's spouse direct or indirect interest in a contract contracts as authority for the city to the council of a city which employs the the city makes. The law provides some employee to continue to serve while his officer does not immediately create a exceptions to this general prohibition, or her spouse sits on the council. How- violation of the conflict of interest statute. stating that the city could contract with ever, they should be aware of the possi- bility of a challenge to the legality of the situation on a very strict reading of the statute. Violation of the conflict of interest statute is a gross misdemeanor, punish- i able by a fine of up to $3,000 and/or a MUNICIPAL ORDINANCE year's imprisonment. Because of the severity of the penaliry, city officials CODIFIERS, INC. should be aware of any possibility, how- ever remote, of a prohibited conflict of interest. ember Exclusive) for Minnesota Governmental Units One further point: A intercouncest problems Y cannot avoid conflict of interest problems • Ordinance Codification simply by abstaining from voting on the • Charter Revision particular issue. The statute makes it illegal to be authorised to take part in • Code Update Service making the contract(that is, to be on the • Counsel Admitted to Minnesota Bar council),regardless of whether the coun- cilmember actually takes part. ■ 7400 Lyndale Avenue South, Minneapolis, MN 55423 Phone (612) 869-2403 22 Minnesota Cities car. The officer issued a "wanted unreasonable seizures. to make the investigatory stop. The flyer" on that person describing the The Court then examined the facts Court held that if the flyer was issued individual and the crime. This was of the case to see whether this was a on basis of particular facts that sup- distributed to other police departments valid stop. This case is different from ported a reasonable suspicion, then in the vicinity and included a request the Terry case in that it involved a reliance on the flyer justifies the stop that other police departments detain completed crime rather than a contem- by the other police officers. that individual. plated one or one in the process of An objective reading of the flyer will Two weeks later, police officers in a being committed. In balancing the determine whether it was justifiable neighboring community who had read interests, the Court concluded that if reliance. There was reasonable suspi- the flyer spotted the individual and police have a reasonable suspicion cion that the person was involved in began checking to see if any warrants based on specific facts that a person the armed robbery and that supported had been issued on him. Prior to confir- was involved in a past completed the distribution of the flyer. An objec- mation of any warrant, police officers felony, a Terry stop may be made to tive reading of that specific flyer did ` stopped the car obtaining the individual investigate the suspicion. provide adequate justification for the ` and another person. During that stop, The other issue was whether the stop that was made. Therefore evi- three handguns were discovered. The police officers could rely on the dence discovered during that stop was parties were then arrested and the "wanted flyer,'' issued by another admissible. (U.S. v. Hensley, U.S. individual mentioned in the flyer was police department stating that a person Supreme Court, 53 LW 4053, January charged with being a convicted felon in is wanted for investigation of a felony, 8, 1985.) ■ possession of firearms. He tried to have the guns excluded from evidence on the basis that the stop was in violation of the Fourth Amendment. The trial court held that it was a proper stop. That decision was reversed by the Sixth Circuit Court of i Appeals on the grounds that the police CHEMICAL TESTING did not have enough reasonable suspi- cion to make an investigative stop. The United States Supreme Court reversed that decision and held that it was a legal FOR stop and the evidence was admissible. s, In a unanimous decision, the Court noted that the decision Terry v. Ohio HAZARDOUS WASTE (392 U.S. 1, 1968) allows stops by police officers without probable cause in certain circumstances. Police may stop automobiles if they have have a reasonable suspicion that the people I ne l u d i ng PCB's In have been involved in criminal activity. In these type of circumstances, the * Transformer Oil governmental interest in investigating * Water the police officer's reasonable suspicion may outweigh the Fourth Amendment Waste Water rights of the individual to be free from * Sludges HOLMES & GRAVEN For More Information Contact Chartered Attorneys at Law Practicing primarily in the areas of MINNESOTA VALLEY EM TESTING LABORATORY, INC. • Municipal Financing* • Tax Increment Financing Analysis • General Government 326 Center St. New Ulm, MN 56073 i • Litigation • Condemnation In Minnesota Call Toll Free: • Computer Law 1.800.782.3557 470 Pillsbury Center Outstate Call Collect Minneapolis, MN 55402 507.354.8517 (612) 338-1177 * Listed in Bond Buyer's Directory March 1985 21 SCOTTLAND INC. March 19 , 1985 Mayor Eldon Reinke and Shakopee City Council 129 E. First Avenue Shakopee , MN 55379 RE : Property East of C . R. 17 South of Junior High School Dear Mayor Reinke and City Council Members : Scottland Inc . is proud of its track record as a developer in the City of Shakopee. In Shakopee , we have developed only industrial land and the racetrack . In other cities , we have developed multi-family homes and single family homes. For years we have been studying the possibility of developing quality multi-family homes in Shakopee. We have examined a lot of parcels . We believe that we now have the right property and this is the right time to bring quality multi-family homes to Shakopee . We hope you will agree . The purpose of this letter is to request the opportunity to present a proposed development plan to the City Council at its April 2nd , 1985 meeting and to summarize the planning and factual reasons in support of a proposed development plan and rezoning of the above-referenced property. If the rezoning requested is approved , Scottland will finalize the plans and specifications for these multi-family buildings and begin Phase I construction of 3 buildings , of approximately 60 units each in August , 1985 . The buildings will be available for rental in the spring of 1986 . Thereafter , Scottland will proceed with the development of the remainder of the land as market conditions warrant and after approval of the housing types by the City. Scottland intends to remain as the general partner and manager of the development once constructed . The estimated cost of Phase I construction will be in excess of five million dollars . This portion of the development will yield at least $ 160 , 000 annually in additional property taxes . 5244 Valley Industrial Boulevard South, Shakopee, Minnesota 55379/ 612-445-3242 Mayor Reinke and City Council Members March 19 , 1985 Page 2 Our development plan be presented by: (a) Tim Keane, AICP , who is the project manager for this development will review with you the existing and proposed rezoning of the property; (b) John Shardlow, of Dahlgren , Shardlow and Uban , who is our site and landscape planner . Who will review the planning reasons which support this rezoning and development plan ; and (c) Paul Madson , lead architect for the development, a member of the firm of Arvid Elness Architects Inc . Mr. Madson will review the multi-family housing types we are using as our models for the development of our final housing type to be presented to you at the April 4 , 1985 meeting. At the City Council meeting we would like to give you a short presentation of our development plan which we have been developing for several months so that we can answer any questions you may have at the end of our presentation. We will proceed with more detailed plans after we have received your comments. We intend to file our formal application for rezoning so that a public hearing can be held on the rezoning at the Planning Commission meeting of May 9 , 1985 . Please find attached the existing and proposed zoning for the 95 acre parcel located south of the Junior High School and east of County Rd . 17 (the Property) . The rezoning pursuant to our development plan proposes to downzone approximately 26 acres from B-1 Highway Commercial to R-4 High Density Residential and rezone approximately 65 acres from R-2 Single Family Residential to R-3 Medium Density Residential . Approximately 10 acres of the Property would be dedicated to the City for storm drainage facilities and 6 acres would remain B-1 Highway Business . There are sound planning reasons in support of the proposed rezoning . These include: 1 . The site is ideal for multi-family home development because it is presently well served with public services including water , sanitary sewer , transportation facilities , schools , existing and proposed parks , and recreational opportunities . 2 . The development plan furthers attainment of policies and objectives for affordable and moderate income housing policies and objectives set forth in the Comprehensive Plan. 3 . The development plan will significantly increase the City ' s housing stock of affordable housing for moderate income households. to Mayor Reinke and City Council Members March 19 , 1985 Page 3 4 . The current rental housing vacancy rate is between . 5% and 1%. The proposed plan will meet immediate housing needs in the City. 5. The Property is bounded by existing and proposed significant transportation systems : (a) County Rd . 17 - minor arterial to the west (b) 13th Avenue - collector street to the north (c) TH101 Bypass - intermediate arterial to the south An examination of similar intersections elsewhere shows that multi-family development is quite often the only reasonable use for the property because highway noise inhibits the development of single family homes . The proposed commercial use at the corner of our property, adjacent R-4 , and then R-3 zoning provides for an orderly transition and buffer from the Bypass to R-2 use district . 6 . The rezoning to R-4 will only increase the high density residential land in the City from 1 . 1 % to 1 . 3% of total land area . We have reviewed the other R-4 zoned vacant property in the City and find that the development of it is not suit- able and feasible at this time for development of the high quality multi-family units we propose. 7 . The Property is within the 1980-85 Urban Service Area . 8. The development plan will make a significant contribution to the tax base . 9. The two high pressure gas mains cutting through the Property pose significant barriers to low density development . The cost to relocate the high pressure gas mains is excessive and buildings must be clustered to permit construction around the gas mains. 10 . Our marketing experts tell us that there is not now, or in the foreseeable future, a market for the 40 acres of business zoned property presently shown at this site . Moreover , any commercial use would be along 13th Street at the bypass intersection and would not extend deeper than 300 to 500 ft . The Comprehensive Plan reserves property at this intersection which is more than sufficient to meet the commercial land needs for the City. If this rezoning is approved , there remains approximately 160 acres of vacant land designated for commercial uses at this intersection. /6 Mayor Reinke and City Council Members March 19, 1985 Page 4 11 . Because of the present lower interest rates , and prediction of higher interest rates in the immediate future , Scottland Inc . projects a narrow "window of opportunity" to construct high quality market rate rental housing at this time . Because of high interest rates , no significant apartment projects have been built in the Twin City area for 10 years . Scottland Inc . stands prepared to develop at this time to meet immediate housing needs . 12 . Scottland Inc . has interviewed dozens of the top residential architects in the area. The architect chosen by Scottland Inc. , Arvid Elness & Associates , has experience within the City of Shakopee and will design the highest quality affordable housing available in the City. We respectfully request your comments and suggestions in response to the proposed rezoning and development for the Property. Very truly yours , SCOTTLAND INC . Bruce D . Malkerson Executive Vice President and General Counsel Timothy J . Keane, AICP Vice President TJK : ap Attachment iD N ' i iLO CIO 1 Doo l(TCIS r- m i LU (n •—r Wn Z O i _ o , 8 JAG 1 m Je m t oa '3 3 M �I uo 6e \ 0 i� 0co pz � ' r w z w Z w0 CL a a »a 116 �m a; �a Q Ra9WB — I uo Be I SOOTTLAND INS. March 20 , 1985 Mayor Eldon Reinke The Shakopee City Council and Shakopee Planning Commission 129 E . First Avenue Shakopee , MN 55379 Dear Mayor Reinke, Councilmembers and Members of the Planning Commission : The March 1985 edition of the Minnesota Real Estate Journal contained an article titled "The Shakopee Scenario". This article contained a misquote that should be corrected. The article stated that I had stated that approximately 1 , 000 acres of the 1 , 100 acres of vacant land in Valley Industrial Park would be used to accommodate spin-off development from the racetrack. That was a misquote. Actually, the opposite is the case . Our preliminary studies suggest that approximately 100 of the 1 , 100 acres (see enclosed map ) will be needed to accommodate commercial spin-off development from the racetrack over several years and we believe that the property located at the intersection of CR 83 and the bypass which is already zoned B-1 is sufficient to accommodate the future commercial development . This B-1 property has been part of the City 's Comprehensive Plan , zoning and the plan for the industrial park for years . There may be a commercial use that needs a location near the racetrack which is so unique that it could not fit well into this long establed B-1 use district at the intersection . At this point , we have no plans for any such use . Scottland plans to continue to develop Valley Industrial Park as the leading industrial/office park in the Metropolitan area. Scottland is proud of its working relationship with the City of Shakopee. We at Scottland stand prepared to work closely with the City as we develop Valley Industrial Park . 5244 Valley Industrial Boulevard South, Shakopee, Minnesota 55379/612-445-3242 Mayor Reinke , Shakopee City Council and Shakopee Planning Commission March 20 , 1985 Page 2 If you have any questions , please feel free to contact Bruce Malkerson or myself at 445-3242. Very truly yours , Timothy J . Keane Vice President TJK : ap C . C. John Anderson , City Adminsitrator Judi Simac, City Planner Patrick Boulay, Minnesota Real Estate Journal 12-84-001 VALLEY INDUSTRIAL PARK MURWHY LAW MN VALLEY RESTORATION`• - 1 PEAVEY CO 1,4LLE, FAM I SWE LAKE RA. R -SHENANDOAN DRIVE G tE""SoI "'ENS I ILLINOIS DDpPEPTA* I 1 ATN AVE ANCHOR I I n GLASS • I east I�tnrlC,n ,.t" .,c 6` _I _ ,l]00 2000 _ P I dr�I VALLEY I r I J _ �\ SCALE IN FEET IWARENOUSE TRACK ��� ..��a s s-�-• ,F_.sting Stem Trunk MK PARKVKr°REL Kw..i )eti�/ ���Esrstinq Roods REFI r W .......•Proposed Future Roods O CFcrG NEE, I ) c 'M a ,,JJ.T'r =4■ Z �••.••.•..•.•. Enanrp Roi.road Nam. �S� TORO }cn ,'y 3 i = ` '—t--" i-res Proposed Future RoiHc TRACK �C �\ R nj ; I l l r COMPAI7f PARKING AREA //SSP it/ / Lc ■/LRS / WyT Ea °ITY WELL Valley Engineering CO., Jr I I Myn OtST. CENTS I l+E' KAVJASiO October 25, 1984 MmMFSOT4 K, r_TN AVE F- / RACETRACK I i UA[a1ZIIl m.M � —_— \ INC 00 ' n O O I A STABLE o 1< •••.•..••...•.....• AREA T O A n*� d AvcrltF_ ............. Fur4p - F , FUTURE DEVELOPMENT OEVELOPMENT WELL 169 -HYPnSS ������----- ,FUTURE OFFICE PARK DEVELOPMENT 1 1 1 I 1 DC4 4S �tF qC Nc 4 Vk CANMRBURY D O W N S March 5, 1985 1. Introduction We appreciate your spen8i:g a part of your valuable day with us so we have this opportunity to provide to you additional information about Minnesota ' s newest major industry - horse racing. The purpose of this memo is to discuss briefly some of the important facts about horse racing in general, and Canterbury Downs, the State ' s first racetrack, in particular. 2. Legislative History In 1982, legislation passed which, if approved by state voters as a constitutional amendment, would permit the legislature to authorize on track pari-mutuel horse racing. In November of 1982, the question of amending the state constitution to permit pari-mutuel horseracing was placed before the voters of Minnesota. The amendment was adopted. Out of a total of 1, 829, 079 people voting, the amendment received 1, 108, 255 yes votes ( 60. 6%) and 624, 721 ( 34%) no votes. Of those voting "_yes" or "no" , 64% voted "yes" , 36% voted "no" . "Yes" voters exceeded "no" voters in 78 out of 87 counties . With the voters approving the amendment, the legislature was then authorized to create a racing commission to license operati.on and management of racetracks. Senate File 79 was introduced by Senators Purfeerst, Frank, Jude, Bensen and Darrel Peterson on January 20, 1983. The bill underwent rigorous review and amendments by the Public Utilities and State Regulated Industries, Government Operations, Judiciary, Finance and Tax Committees. Meanwhile, the House Bill H.F. 77, was introduced by Representatives Kostohryz, Metzen, Osthoff, Evans, and Redalen. The bill went through the General Legislation and Veterans Affairs, Government Operations, Tax and Appropriations Committees . Thereafter conferees met numerous times and eventually worked out a compromise which became MN Law, 1983, Chapter 214 which was adopted on May 23, 1983. Canterbury Downs/5248 Valley Industrial Boulevard South/P.O. Box 508/Shakopee,Minnesota 55379/(612)445-7223 l� Minnesota Racetrack, Inc. page 2 3. Procedures Before the Minnesota Racing Commission In the summer of 1983, Governor Perpich appointed Chairperson Eliot and Commissioners Daniels, Anderson, Gustafson, Farrell, Fruehling, Connolly, Sanda, and Coss to the Minnesota Racing Commission. In the fall of 1983 and winter of 1984, the Racing Commission adopted rules governing the application for Class A and B licenses . On March 1, 1984, five applicants filed for the one Class A license in the seven-county Metropolitan area in order to own and operate a racetrack and for a Class B license in order to sponsor and manage horse racing on which pari-mutuel betting is conducted at that one racetrack. After numerous public hearings and meetings, on March 28, 1984 the Minnesota Racing Commission awarded the Class A and Class B licenses to Minnesota Racetrack, Inc. , for the racetrack in Shakopee, Minnesota. Since then the Racing Commission has developed an extensive set of rules to govern racing in the State of Minnesota. 4. Who is Minnesota Racetrack, Inc. Minnesota Racetrack, Inc. is a Minnesota company formed in November, 1983 to own, operate and manage the racetrack. The shareholders of the company and each' s percentage of ownership are as follows : W. Brooks Fields, a Minnesota business person 5. 59% J. Brooks Hauser, a Minnesota business person 5. 59% Scottland, Inc. . , a Minnesota real estate 26.92% company North American Life and Casualty Company, a 38. 10% Minnesota insurance company Santa Anita Operating Company, a California 23.80% based company owning and operating the horse racing facility at Santa Anita Park. 5. Status of Construction After we were awarded the Class A and Class B licenses on March 28, 1984, we finalized our Environmental Impact Statement and obtained the remaining permits needed in order to commence rnnn ctrn-t i nn _ /l Minnesota Racetrack, Inc . page 3 On June 2, 1984 we broke ground and have continued full speed under a guaranteed maximum cost contract with Kraus-Anderson Construction Company. In order to insure racing in 1985 as requested by Governor Perpich and the Racing Commission, we and our contractors have worked long days (and many nights) , six and seven days a week, in order to complete the facility for the first day of racing on June 29, 1985. Our facilities will be first class. We will invest $71, 728, 000 in land, construction, facilities and operating capital . The facilities include : a) Enclosed grandstand b) One-mile lighted track c) Turf track d) Training track e) All-seasons stables ( 1, 400 stalls) with dormitory facilities for 280 people on site. The racetrack is designed for all breeds: thoroughbred, harness, quarter horses and others. The racetrack is designed for day, twilight and night racing all year, and is located in a proven recreational area. 6. Racing at Canterbury Downs In 1985, we will commence racing on June 29 and race thoroughbred horses for 78 days on Wednesday, Thursday, Friday, Saturday and Sundays into October. In 1986 and thereafter, we will start racing in late April and continue into November each year ( 145 days of racing) for thoroughbreds and harness horses. We are currently discussing the possibility of a separate quarter horse meet in 1986 with representatives of the Minnesota Racing Quarter Horse Association. These dates will vary depending upon market conditions and the annual license to be issued by the Racing commission. � I Minnesota Racetrack, Inc. page 4 In 1985, we project 10, 500 people each day and $120 per capita. In 1986 and thereafter, we project approximately 12, 000 people each day for 145 of racing and $135 per capita. 7. Economic Contribution of Racing and Racing at Canterbury Downs on the State of Minnesota a) Employment by Canterbury Downs During the race meets we will employ up to 500 people at the racetrack. Our food and beverage concessionaire will employ up to 200 people at the racetrack. The owners and trainers of horses will employ approximately 1, 200 people at the racetrack. b) Direct Tax Payments to the State The statute imposes a 1 3/4 per cent tax on every dollar wagered at the racetrack in a year up to $48 million. The statute imposes a 6 per cent tax on every dollar wagered at the racetrack in a year in excess of $48 million. Based on the above rate of tax, projected attendance and per capita wagering, we project that we will pay approximately $12, 200, 000 annually to the state in the form of pari-mutuel taxes and admission taxes ( 145 days of racing) . c) Summary of Overall Economic Contribution to the State The beneficial economic contribution to the State of Minnesota from racing at Canterbury Downs should not be underestimated. In October 1982, Killingsworth Associates, Inc. , which has performed a wide variety of feasibility studies across the United States and in other countries regarding the economics, management, taxation, and regulation of pari-mutuel industries on behalf of various units of government and others ; completed a detailed analysis titled "The Potential Economic Contribution of the Horse Racing Industry to the State of Minnesota" . That report was distributed to the State Legislature. The study summarized the economic contribution as follows: - "Conducting 160 days of horse racing in Minnesota would contribute an annual direct cash flow of $48, 309, 500 to the state' s economy. Of this amount, $33, 672, 000 arises from the operation of the track itself . $12, 516, 000 from the horsemen, and $2, 121, 500 from the breeders. Adding patron travel expenditures brings the total to $67, 023, 500. V /1 Minnesota Racetrack, Inc. page 5 The economic contribution of $48, 309, 500 is shown to enter the Minnesota economy as follows : $25, 863, 500 to other industries for goods and services, $14, 794, 500 to households in the form of salaries and wages, and $7, 651 , 500 to government . In addition, racing would provide 1, 224 full-year equivalent employment opportunities . This figure does not include new employment opportunities in the tourist industry. It is important to realize that the true economic impact is actually much larger than the total cash flow of $67, 023, 500. As the cash flow enters and passes through the economic system, it creates waves of economic activity in the form of secondary and tertiary demands for goods and services. For example, salaries and wages paid by a race track are used to purchase food, clothing, household goods, and housing. Similarly, payments to other industries by the track are used to pay salaries and wages and to make purchases from yet other industries. These additional impacts are known as multiplier effects. Economic multipliers used to reflect the additional economic activity created by an industry cash flow generally lie between 2. 0 and 2. 5, with the higher range associated with the agricultural sector. Using a conservative multiplier of 2. 25, the total annual economic contribution of horse racing in Minnesota would exceed 150, 000, 000. emphasis added Recently Killingsworth Associates , Inc. . provided us with the results of their other studies in other states as follows : Estimated Year of Direct Economic State Contribution Cash Flow Contribution Colorado 1977 44, 361, 000 110 million Florida 1978 219, 816, 000 900 million Pennsylvania 1978 171, 813, 000 600 million Nebraska 1979 55, 607, 000 222 million New Hampshire 1982 28, 200, 000 80 million l� Minnesota Racetrack, Inc. page 6 Kentucky 1980 142, 685, 000 428 million (Breeding industry only) New York 1980 509, 734, 000 1 billion (Thoroughbred 100 million only) Washington 1982 97, 636, 000 340 million (See attached map showing states where pari-mutuel horse racing is permitted in 1984. ) Of course, the above economic contribution totals should be adjusted upwards to reflect 1985 dollars . In the case of Kentucky, the total reflects the breeding industry only and does not include the racing industry. In New York, the total reflects Thoroughbred racing only and does not include the major economic contribution of harness racing to that state. Thus it can be seen that if horse racing is allowed to develop to its full potential, the beneficial annual economic contribution to the State of Minnesota could easily exceed 1150 million. We are very pleased with the warm reception horse racing has received to date throughout the state. We hope that people everywhere in the state will work with us to develop programs to insure that this industry can reach its full potential as soon as possible . If you ever have any questions or would like to tour the racetrack, please call us at 445-RACE. Very truly yours, Bruce D. Malkerson Project Manager, General Counsel Minnesota Racetrack, Inc. . DBM/vb 0052C SHAKOPEE COALITION March 7, 1985 / Present: George Muenchow Shakopee Community Services Jim Streefland Shakopee Lions Club Bill Streff Shakopee Area Catholic School Jackie Kes Scott—Carver Economic Council John Neely Valley News Gene Skalsky Knights of Columbus Virgil Mears Independent School District / 720 Deloris Gorman Shakopee Community Services Joan Salter Food Shelf John K. Anderson City Of Shakopee Jeff Manthe Shakopee Rotary Club Kathy Lewis Shakopee Community Services The meeting was called to order at 7:00 AM in the Shakopee Citizens State Bank Community Room by Chairman Jim Streefland. Joan Salter was recognized as having a birthday this week. She gave a report on the Food Shelf and emphasized how happy that they are to be in their new location, the former Minnesota Gas Company Building, on 2nd & Lewis Streets in Shakopee. Food needs again are phenominal! a. Food amounting to 8,232 Meals were distributed through this two county program in February. This breaks down to 42 lbs per person per week. 110 familys received 16,464 lbs. The distribution in Scott County was for 199 individuals which included 108 children. b. Minnesota Food Share Drive is going good and all of us are asked to help in every way that we can. Contributions of food and/or money have been received from the following so far: Churches, Post Office (excess non perishable samples) , anonymous people, individuals, organizations, senior citizens etc. Jackie Kes reported on the local Food Share kickoff last Saturday morning on radio at Perkins Restaurant with all kinds of people present including Shakopee Valley News, Scott—Carver Economic Council Board Members, Staff, and Volunteers, legislators, and other friends. She thanked everyone involved. a. Who receives Food Shelf help?: (In February) 1. 26 Male led households 2. 28 Female led households 3. 23 Single parent led households 4. 17 A.F.D.C. families 5. 3 General Assistance Families 6. 2 Handicapped 7. 1 Social Security Supplement Statistics reveal that the majority of people being helped are the young. Income average is $489.00/month. People that seek this help are embarrassed and are reluctant about the matter. Shakopee residents received 3,780 lbs of food in February serving 26 families with 90 individuals. A good, successful drive is desparately needed during the month of March! The need is great. Jeff Manthe reported that Shakopee Rotary will celebrate its 30th birthday March 19. It's annual Pancake Feed will be March 17. Jim Streefland reported that the Lions Club is undertaking a Drug Education Program that he will be reporting further on at a later date. The program emphasizes educating the young (elementary students) and helping them to counter negative peer pressure. Parents are helped to better communicate with their kids. The program is to be integrated into the school curriculum. George Muenchow distributed information about Bush Foundation Grants that local organizations might be interested in considering for various projects. Meeting was adjourned at 8:00 A.M. Resp, tfully submitted, -VVI George F." Muenchow,VActing Secty. 4 16D. 'Thur.,Feb.28; 1985 Mlnnsapolh Star and Tribune C ommunitY colle e', facu,it;` ro ram gp g le,'6di"i,'Bush'..grahts``of'$3. 7 million ,.: The Bush1�6undatton has•anounced Bois 'Forte Reservation `Business' 'mar,'Minn., $100,000 for a building 32 grants totaling $3.57 million, in-` Committee, Nett Lake, Minn., project. MetropolitanSenior Federa- cluding a $904,400 grant'to the Min- $150,000 to help build a new health tion, St Paul, $35,000 for a program nesota Community College System center. South Dakota Human Ser- to help older working people pian for a three-year faculty,development vices Center, Yankton, $34,525 to for retirement. Neighborhood In- program, support health, education for pa- volvement Program, Minneapolis, tients. Baptist 1Hospltal Fund, St. $65,000 toward acquisition of a new Three .colleges were given similar Paul, $75,000 for.the Midway Hospi- building. grants: SL Olaf College, Northfield, tal Center for Domestic Abuse.FAST $180,000,Concordia College,St Paul, Cleaning, St Paul, $16,000 for its Eden Rehabilitation and Treatment $75,000, and Ogiala Lakota College, employment program for handi Facility, Minneapolis, $25,000 for Pine Ridge, S.D., $74,986. The foun- capped people. Learning Disabilities building renovation. Minneapolis Ur- dation also gave major capital fund- Association,Minneapolis,$30,000 for ban League, $25,000 for a building raising matching grants to'three` a job training program for learning""fenovation project. Jewish Family schools: Xavier University, New Or- disabled people. People, Inc., St.- .Services, St Paul, $35,439 to help leans, $800,000, Sioux Falls College, Paul, $53,000 for a residential pro- start a parent education program. Sioux Falls,S.D.,$260,000,and Dako- gram for hearing-impaired adults Planned Parenthood of Minnesota, to Wesleyan University, Mitchell, with severe behavior problems. St. Paul, a $50,000 challenge grant S.D.,$210,000. for corporate support Midwest Assis- Rochester Center for Independent tance Program; New Prague, Minn., The foundation; based in St Paul, Living, Rochester, Minn., $12,000 for $49,875 toward its water audit and makes grants primarily In the areas Ats peer counseling program for conservation program. Project Envi- of health, education, human ser- •,handicapped individuals. The City, ronment, Foundation, Minneapolis, vices, arts and leadership. Last year. Inc., Minneapolis, $100,000 for cape- $7,500 for a project to help develop It paid$12.3 million in the region.At tal improvements. Children's Home management plans for public forest its meeting last week,the foundation Society of Minnesota, St. Paul,.i areas in Minnesota. Independent board also reelected Thomas J. Clif- $56,000.to-hetp exp,anti-4t9-fund-rais-,�;, ectorq�Vaahtagton;D.C. $25,000 to ford as chairman.- Ing capability,.,.Plymouth'Christian: support its research program. Rum Youth Center, Minneapolis, $30,000 River Citizens League, Princeton, Other grants approved by the.,foun- for a building renovation project. Minn., $12,000 for program support dation include - • . Cricket Theatre Corp.,$35,000 for its Big Brothers%Big Sisters'of'Greater 1985 season. Minnesota Film Center, • Minnesota Citizen Council on Crime St Paul, $4,300 toward its minority Minneapolis, $30,000 for the mem- and Justice,.-Minneapolis;'$214,857; '•recruitment.program. West Central bership campaign of the University toward acquisition of a new facility:" Community Services Center,' Will- Film Society. c CITY HALL SITING COMMITTEE Tuesday , February 26 , 1985 6 : 30 p.m. City Hall The Vice Chair , Gloria Vierling , called the meeting to order at 6 : 35 p.m. on February 26 , 1985 . Members present were Gloria Vierling , Dolores Lebens , Dave Czaja and Dave Rockne . John Leroux arrived a few minutes after the meeting started . John Anderson , City Administrator , was also present and there were no other citizens or staff present. M/S/P Lebens/Czaja to approve the minutes of January 29 , 1985 . The Committee discussed the evaluation criteria and the ranking each Committee Member had provided on the evaluation . Dave Rockne discussed his proposal for an alternative ranking method and the Committee Members reviewed the ranking criteria . It was decided that the City Administrator would average the scores given these evaluation criteria by each Committee Member to determine the overall weighing factors to be used on the evaluation criteria. The Committee then discussed the table evaluating the 22 sites by the 26 unweighted evaluation criteria. The Committee spent some time discussing whether or not any of the criteria needed changing once they had been applied to the sites and it was apparent how the criteria did or did not work. After some discussion it was decided to delete the criteria entitled "Easy to Find " and "Area Compatable with a City Hall" because they were repetitive . The Committee also decided to add an alphabetical identification to the criteria for easy identification. The City Administrator reported that neither the City Attorney or Assistant City Attorney would be interested in space in a new City Hall. The Committee added two additional sites to the list . Site No. 23 which was an addition to the existing Public Works and Police Building, and Site No. 214 which was City owned property immediately east of the Public Works yard . The City Administrator was also instructed to check the zoning for each site and to correct any technical information that might be in error on the table. The final discussion regarding the table and the Committee ' s evaluation concluded with the Committee deciding to use a score of -3 to +3 in scoring each site by each of the siting criteria . The Committee could not, meet on the regularly scheduled March 26th date and therefore decided to meet on Thursday, March 21st at 6 : 30 p.m. M/S/P Czaja/Lebens to adjourn at 7 : 43 p.m. John K. Anderson City Administrator ,+ A✓ # Shakopee Baseball Lighting & Stadium Committee / Meeting — March 18, 1985 The meeting was called to order by Chairman Joe Schleper at 6: 15 PM in the Shakopee Community Services Meeting Room. Members present: Joe Schleper, John Goihl, Kevin O'Brien, Bill Schleper, Howie Heller, George Muenchow, Ray Siebenaler, Jim Stillman, Jim O'Neill, and Al Schmidt. The minutes of March 4, 1985 were reviewed and upon motion by Schleper seconded by Stillman, was approved. Jim Stillman and Ray Siebenaler gave Sub Committee Reports: a. They accepted their previous appointment made in their absentia. b: Emphasized that they need a picture of the proposed stadium for publicity purposes. Kevin O'Brien will provide. c. Recommend cash prizes (3) of $200.00 each. Will print 1,000 tickets for seat sales. d. Organization decals will be allowed on seats providing that they are sturdily applied to the seats in a manner approved by the committee. Minimum number of seats for this privilege will be $1,000.00 (sale of 20 seats) . e. Printed certificates will be given to purchasers as follows: 1. 1 or 2 seats. . . . . .Supporter 2. 3 to 5 seats. . .. . .Benefactor 3. 6 to 10 seats. . . . .Patron 4. 11 and up. . . . . . . . .Endowment f. Purchasers will receive a "Season Pass" for 1985 home games of Shakopee Adult Teams. g. Seat sales shall be administered as follows: 1. Former players and general citizens to be contacted by anyone 2. Committee to contact Corporations 3. Committee to contact businesses 4. Committee to contact Organizations 5. Committee to contact special groups such as Minnesota Twins and Stans Foundation. h. Veterans organizations be approached for flag and flagpole. i. Sponsor to be found for scoreboard with a small message of theirs on the board. J. Check with Carver/Scott Cooperative Center for printing such as tickets and certificates plus letterheads. Motion by Schmidt, seconded by O'Neill, to approve the report and authorize its implementation. Carried. Chairman Schleper reported that in a conversation with Dick Putz, President of the State Amateur Baseball Board, that we could be considered for sponsoring the State Amateur Baseball Tourney of 1987 or 1988. Ray Siebenaler shared with the group of the similar effort for baseball facilities in 1948. Stillman will see that 1,000 tickets in books of 10 are ordered. The mementoe certificates will include a picture of the field, stadium, and lights. The name of this committee shall now be Shakopee Baseball Lighting and Stadium Committee. Stillman will contact Vern Lang to make the contact with the Stans Foundation. _2_ Bert Noterman and Dennis Hron were appointed to the Organizations Contact Committee. Bert Noterman also was appointed to contact the Minnesota Twins. Stillman and O'Neill will contact Corporations. Bill Klein and Tim Riffe will contact businesses. Siebenaler is to contact John Freund, Butch Kreuser, and Don Bisek for contacting current and former players. Bill Schleper suggested that a booth be used at the coming "Showcase" on April 29. He will spearhead that effort. Stillman, Siebenaler, Schleper, and whomever will appear on the "Rec Room At Perkins" Radio Show on KSMM on March 30. The C.S. Office will serve as a distribution of tickets point for those that wish to use this office. The next meeting will be April 1, at 6:00 PM. The meeting was adjourned at 7:35 PM. Respectfully submitted, GeorgeMuenchow, Secty. PROCEEDINGS OF THE SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 25, 1985 Chairman Anderson called the meeting to order at 7:37 p.m. with Commissioners Abeln and Davis present. Jeanne Andre, Director of Community Development, was also present. Commissioners Harrison and Williams were absent as was Barry Stock, Administrative Intern. Abeln/Davis moved to approve the minutes of the January 28, 1985, meeting. Motion carried unanimously. PUBLIC HEARING: AMENDMENT TO CABLE FRANCHISE ORDINANCE Abeln/Davis moved to open the public hearing. Motion carried unanimously. Jeanne Andre explained that on August 7, 1984, the Shakopee City Council approved Resolution No. 2288 amending the previous resolution which established the Shakopee Cable Communications Advisory Commission. The intent of this new resolution was to delegate more responsibilities to the Commission in regard to Cable-related subject matter (i.e. subscriber complaints, variance requests). In turn, the Cable Franchise Ordinance must be amended to comply with Resolution No. 2288. Zylstra-United (ZU) Cable Management was sent a copy of the proposed amendment for their review and comment. In his letter of Febfuary 5, 1985, Mr. John Suranyi, ZU General Manager, supported the proposed ordinance change, but requested that a 3/5 vote of approval from the Cable Communications Advisory Commission be required to approve a variance rather than 4/5 recommended by Staff. Jeanne Andre clarified that Staff arrived at the 4/5 recommendation because a 2/3 majority approval is necessary at the City Council level, and 2/3 of the five commission members would be 4/5. A general discussion on 3/5 versus 4/5 followed. Chairman Anderson noted that in Section B. 1 of Amendment 14.04 there is a typographical error to be corrected ("coinsider" to "consider"). He also added that Section B. 1 .d. of Amendment 14.04 should include the word "requested" so it would read, "If a variance is requested because of technical or cost reasons the variance will be equal or better." Abeln/Davis moved to close the public hearing. Motion carried unanimously. Abeln/Davis moved to recommend to City Council that Section 14.04 of the Cable Franchise Ordinance be amended as proposed in Attachment No. 3 with the following exceptions: that the typographical error "coinsider" be changed to "consider", that Section B. 1.d. of Amendment 14.04 add the word "requested", and that variances be approved by a 3/5 vote of approval from the Cable Communications Advisory Commission and the City Council. Motion carried unanimously. Shakopee Cable Commission February 25, 1985 Page 2 Jeanne Andre suggested that rather than specifying 3/5 in the amendment, the Commissioners may want to just say a majority of the members seated on the Commission/Council. She asked that the final wording of the motion be left to the discretion of the City Attorney. Everyone agreed that would be acceptable. SHAKOPEE COMMUNITY ACCESS CORPORATION'S 1985 BUDGET REQUEST Jeanne Andre explained that the Shakopee Community Access Corporation (SCAC) budget request from the City for 1985 was $8,750.00 which represented 50% of the cable franchise fee projected for receipt in January, 1985. Actual franchise fees collected amounted to $16,516.51 or $491.75 less than was..ori-ginally - requested by the SCAC. On February 19, 1985, the City Council approved issuance of a check to the SCAC in the amount of $8,258.25 which represented 50% of the actual franchise fees collected. Staff believes that the City has fulfilled its obligation to the SCAC by issuing a check to them in the amount of $8,258.25 which represented 50% of the 1984 cable franchise fees actually collected. Abeln/Davis moved that based on the Shakopee Community Access Corporation's request for 50% of the franchise fee, the City has fulfilled its obligation to the Access Corporation by issuing a check to them in the amount of $8,258.25. Motion carried unanimously. MINNESOTA ASSOCIATION OF CABLE TELEVISION ADMINISTRATORS MEMBERSHIP Staff has received a renewal notice from the Minnesota Association of Cable Television Administrators that the 1985 annual membership fee of $250 is now due. This compares to last year's annual membership fee of $240. Chairman Anderson stated that while this is still a fairly new organization struggling to get off the ground, he believes it is the membership most pertinent to the Cable Commission, and MACTA has some very interesting seminars and conferences planned for 1985. Abein/Davis moved to renew the Shakopee Cable Communications Advisory Commission's membership with the Minnesota Association of Cable Television Administrators for 1985 at an annual cost of $250. AMENDMENT TO SHAKOPEE COMMUNITY ACCESS CORPORATION BY-LAWS Jeanne Andre noted that the Shakopee Community Access Corporation Board of Directors is proposing that Section 2. 151 of their By-Laws be amended to read "the membership shall meet annually in the month of February" rather than "the membership shall meet annually on the third Wednesday in February". Davis/Abeln moved to recommend to City Council that the Shakopee Community Access Corporation By-Laws be amended to read "the membership shall meet annually in the month of February" rather than "the membership shall meet annually on the third Wednesday in February". Motion carried unanimously. Shakopee Cable Commission February 25, 1985 Page 3 / 5 Mr. John Suranyi, ZU General Manager, and Mr. Dan Schaefer, ZU Chief Technician, were present at the meeting to discuss what is feasible in regard to the implementation of the character generators. They also asked for some feedback from the Commissioners as to what is expected from the system. First they discussed emergency access, and Mr. Schaefer briefly explained Chaska's override system. Mr. Suranyi distributed brochures of the new Microsystem I Multi-Channel Display being considered for purchase. He outlined how it would work as well as its capabilities. The Commissioners agreed that the Display sounds like what had been originally proposed for the system, and they are anxious for its purchase, installation, and operation. In discussing the exact uses for the system, Jeanne Andre suggested that Mr. Suranyi and City Staff develop and distribute a questionnaire for the proposed users to be followed by a meeting with the proposed users to firm up the details. Mr. Suranyi agreed to come back to the Commission with a written proposal in regard to the character generators based on what was originally proposed in the cable franchise ordinance and what he believes would be the most feasible at this time. - Jeanne Andre noted that on January 21 , 1985, ZU made application for amendments to the Cable Franchise Ordinance. After reviewing the application, City Staff determined additional information was necessary before any decisions could be made, and requested this information in a letter to Mr. Suranyi on February 11 , 1985. Mr. Suranyi replied with his letter of February 22, 1985, stating that based on the Cable Communications Policy Act of 1984 (P.L. 98-549) and the City of Shakopee's Cable Communications Franchise Ordinance, ZU made the legal determination that the proposed rate increases which will be effective on April 1, 1985, are lawful to institute without City approval. City Staff is having someone research the legality of this. Mr. Suranyi explained to the Commission the basis for ZU's decision. The Commissioners examined the Shakopee Public_ Access reports for the months of December and January, the Cable Television monthly report for January, and the ZU Service Report for January. Mr. Suranyi also presented the ZU Organizational Flow Chart for the Commissioners information along with a memorandum announcing that ZU has implemented a new 24-hour Answering Service/ Paging System in an effort to respond faster to any technical complaints or emergency/priority situations. Jeanne Andre distributed literature announcing up-coming conferences. Chairman Anderson also briefly reported on a noon luncheon meeting which he and Barry Stock had recently attended. The next meeting date is March 25, 1985. Davis/Abeln moved to adjourn the meeting at 9:36 p.m. Motion carried unanimously. Jeanne Andre Judy Hughes Director of Community Development Recording Secretary PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MN MARCH 7 , 1985 Chairman Czaja called the meeting to order at 7 :35 P.M. with Commissioner VanMaldeghem present. Commissioners Schmitt, Rockne, Stoltzman, and Lane were absent. Also present was Judi Simac, City Planner. VanMaldeghem/Czaja moved to adjourn to March 14 , 1985 at 7 : 30 P.M. due to lack of a quorum to conduct business. Motion carried unanimously. Meeting adjourned at 7 : 37 P.M. Judi Simac City Planner and Recording Secretary 1 � PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 14, 1985 Chrm. Czaja called the meeting to order at 7:35 p.m. with Comm. VanMaldeghem, Lane and Rockne present. Comm. Stoltzman arrived later and Comm. Schmitt was absent. Also present were Judi Simac, City Planner and John K. Anderson, City Admr. VanMaldeghem/Lane moved to approve the minutes of February 7, 1.985 as kept. Motion carried unanimously. PUBLIC HEARING - STOCKMAN APPEAL VanMaldeghem/Lane moved to open the public hearing. Motion carried unani- mously. The City Planner stated the appeallant inquired about turning the extra room in his apartment building into a third bedroom for the apartment. It was staff's interpretation that the proposed action would be an increase in the bulk of the building and therefore not allowed. An opinion from the Ass't City Attorney's office states that minimal changes are not detrimental to the philosophy of the non-conforming use. Chrm. Czaja asked for comments from the audience. The City Admr. added the appellant's attorney, Mr. Moriarty, came to the same basic conclusion that there is no case law describing "bulk", so there needs to be a definition of it. Mr. Wayne Stockman, 3407 Red Oak Circle North, Burnsville, Minnesota, the appellant, said he understood his attorney's opinion would be given to the Commissioners, but it wasn't. He said it is his opinion that the two attorney's opinions conflict 100% with the City Planner's opinion regarding bulk. He quoted from the Ass't City Attorney's Law Clerk; to wit, "It appears then that the changes proposed would be minimal enough so as not to violate the spirit of a non-conforming use." He said this is neither a re- quest for a conditional use permit or a variance. He is merely seeking ap- proval for the proposed alteration for a valid non-conforming use, for which the City should issue a building permit, as provided for in Sec. 11.04, Subd. 2. i. . The City Admr. asked for some definition of "bulk" such as adding to the exterior of the building, adding another floor, enclosing a porch. Would alterations to the interior be considered or not. Comm. Stoltzman arrived and took his seat at 7:43 p.m. Shakopee BOAA March 14, 1985 Page 2 Comm. VanMaldeghem clarified that this definition would only be necessary for non-conforming uses. She suggested consideration of whether or not the changes added density and traffic and outside dimensions. Staff was directed to further research the effects of changes to a building in an effort to define the addition of. "bulk" at a future meeting. Mr. Stockman stated he still feels it was a gross inequity to not allow him to add another unit, and it was incumbent upon the City employees to inform him of this before he proceeded with his work. VanMaldeghem/Rockne moved to close the public hearing. Motion carried with Stoltzman abstaining. Rockne/VanMaldeghem offered Appeal Resolution No. 389 authorizing the appel- lant to construct an additional bedroom, in conformance to the criteria for alterations to non-conforming uses, and moved its adoption. Motion carried unanimously. VanMaldeghem/Rockne moved to direct staff to bring back a memo addressing the definition of "bulk" as it refers to non-conforming uses. Motion carried unanimously. Chrm. Czaja informed the appeallant of the 7 day appeal period. PUBLIC HEARING - MINNESOTA RACETRACK SIGN VARIANCE REQUEST Rockne/Stoltzman moved to open the public hearing regarding the request by Minnesota Racetrack, Inc. for a variance from the sign ordinance to erect a temporary free standing advertising sign. Motion carried unanimously. The City Planner said she was informed by the City Engineer that the State of Minnesota will be erecting two highway signs at Valley Park Drive and Shenandoah Drive designating the direction of the racetrack, and these should be ready in a week or two. They usually don't install them until construc- tion is done, but they could be put up earlier if the City desires. Bruce Malkerson, General Counsel and Project Manager for Minnesota Racetrack, Inc. , stated he did not know the application for the variance had been filed until after it was filed without stating the reasons for the variance. He said the sign is meant to be temporary directional-sign, not an advertising ---- sign, to orient people with the location of the racetrack before it opens to cut down on traffic congestion problems after opening. Mr. Malkerson said he wasn't aware that Mn/DOT was that far along with the directional signs. At this point he would be willing to take the rest of the comments and table the request until they find out more about the Mn/DOT signs, which may be all they need. Chrm. Czaja asked if there were any other comments from the audience, and there was no response. Shakopee BOAA March 14,1985 Page 3 Lane/VanMaldeghem moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Lane moved to table action on this variance request until applicant has further opportunity to check with Mn/DOT regarding direc- tional signs for the racetrack. Motion carried unanimously. Mr. Malkerson asked if the City could request Mn/DOT put up the signs as soon as possible, so people can get conditioned to the location in the next few months. Rockne/Stoltzman moved to direct staff to urge Mn/DOT's earliest placement of directional signage for the racetrack. Motion carried unanimously. OTHER BUSINESS - PASS ALTERATION TO NON-CONFORMING USE The City Planner said she informed Mr. Pass she was awaiting direction from the Commissioners regarding the definition of alterations and adding bulk to a non-conforming use. She explained Mr. Pass' request for alterations to his non-conforming residence. Discussion followed. The City Admr. stated there is clear case law that is enforceable about not increasing the bulk of a non-conforming use, regarding the consumation of more land area. Livability improvements such as roofing and electrical work can be done, but the intent is to, without creating a hardship, facili- tate the long range development of property in the area. Charles A. Pass, applicant, stated there is an existing garage, which he wants to make a two car garage rather than single garage. He said he has two lots and these alterations wouldn't be bothering anyone. He said they want to increase the ligbility of the home, as they have a large family. They just want to add a porch, not a bedroom or kitchen. Comm. VanMaldeghem stated that since this request was just presented tonight, she would like some time to study it along with the research being conducted by staff for the definition of adding bulk to non-conforming uses. The City Admr. said case law can be cited to uphold the restriction of altera- tions to non-conforming uses. Chrm. Czaja acknowledged the consensus was to wait for a decision on this request until more information is presented next month on case law. Lane/VanMaldeghem moved to adjourn. Motion carried unanimously_. Meeting adjourned at 8:23 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MN MARCH 7 , 1985 Chairman Czaja called the meeting to order at 7: 38 P.M. with Commissioner VanMaldeghem present. Commissioners Schmitt, Rockne, Stoltzman, and Lane were absent. Also present was Judi Simac, City Planner. VanMaldeghem/Czaja moved to adjourn to March 14 , 1985 at 7: 30 P.M. due to a lack of a quorum to conduct business. Motion carried unanimously. Meeting adjourned at 7: 40 P.M Judi Simac City Planner and Recording Secretary i 17 PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKO.PEE, MINNESOTA MARCH 14, 1985 Chrm. Czaja called the meeting to order at 8:24 p.m. with Comm. VanMaldeghem, Lane, Rockne and Stoltzman present. Absent was Comm. Schmitt. Also present were Judi Simac, City Planner and John K. Anderson, City Admr. Lane/Stoltzman moved to approve the minutes of January 24, 1985 as kept.. Motion carried unanimously. The minutes are to be archived for two years. VanMaldeghem/Lane moved to approve the minutes of February 7, 1985 as kept. Motion carried unanimously. PUBLIC HEARING (CONT.) - SCOTT COUNTY LUMBER CONDITIONAL USE PERMIT VanMaldeghem/Rockne moved to continue the public hearing regarding the request by Scott County Lumber Co. and Bert Noterman for a conditional use permit to remove sand and gravel aggregate. Motion carried unanimously. The City Planner stated the information still has not been submitted for the EAW preparation, and therefore the applicant has requested a continuation. Chrm. Czaja asked for comments from the audience, and there were none. Lane/VanMaldeghem moved to continue the public hearing to May 9, 1985 to allow for the preparation of the EAW. Motion carried unanimously. RECONSIDERATION OF DELLA'S FIRST ADDITION The City Planner explained that after the Preliminary Plat approval, the applicant requested putting back in the plat Outlot A and Lot 1, which he had previously requested removed. Staff would therefore recommend approval to City Council with 10 conditions. Cecil Clay, 2135 Parkridge Drive, stated he wanted the lots removed for future development, but the City Engineer wouldn't allow that, so now he wants the lots considered in the plat. The City Planner expained thatthePlanning Commission -added a-condition that__ ___ if drainage was affected by the removal of the lots, they would have to be - put back in. The City Engineer determined that drainage was affected. This is the proper method to handle this reconsideration, according to legal staff. Rockne/Stoltzman moved to recommend to City Council approval of the Prelimi- nary Plat of Della's First Addition, with the following conditions: 1. Approval of a Title Opinion by the City Attorney. 2. The developer shall realign Austin Circle to the northeast twenty feet in order to create a twenty foot screening area to be maintained by the developer.- ------ Shakopee Planning commission March 14,1985 Page 2 .3. Execution of a Developer' s Agreement for the construction_ of the required improvements : a. Street lighting to be installed in accordance with the requirements of the SPDC Utilities Manager. b. Water system to be installed in accordance with the requirements of the SPUC Utilities Manager. C. Sanitary Sewer and Storm Water System to be installed in accordance with the requirements of the City Design Criteria and Standard Specifications . d. Streets and street signs shall be constructed in accordance with the requirements of the City Design Criteria and Standard Specifications . e. The developer shall- agree to the City Engineer' s method- of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment . f. Outlot B shall be dedicated park land for use as a walkway. g. No building permit shall be issued for Outlot A until it is replatted. 4 . The developer shall dedicate an .additional 17 feet of right-of-way where the plat abuts CSAR 16 . 5 . The developer shall provide all street signs. i 6 . The developer shall provide a recordable agreement stating that not more than one lot shall be developed for a twin home. 7 . The City Engineer must receive and approve final plans and specifications for all public facilities , including but not limited to , roads , sanitary sewer system, storm sewer, drainage , grading, etc. 8 . Construction plans approved and filed with the City Engineer prior to recording the plat. 9. No parking allowed on either side of Austin Circle. 10. Retaining walls shall be used wherenecessaryto maintain - the slope of the lot in conformance with slope requi-rements as defined by ordinance. Motion carried unanimously. PUBLIC HEARING - (CONT) LYNCH, MCNEARNEY, SPAGNOLO CONDITIONAL USE PERMIT Lane/Stoltzman moved to continue the public hearing regarding the request for a conditional -use permit to establish a Bed and Breakfast facility at 134 4th Avenue. Motion carried unanimously. Shakopee Yianning Commission March 14, 1985 Page 3 The City Planner explained that the ordinance allowing Bed and Breakfast facilities had to be adopted and put in effect before the Planning Commis- sion could act on a conditional use permit request for a Bed and Breakfast facility. The information submitted for this request is the same as the Planning Commission has considered previously, with the addition of a new management plan for operation. The City Engineer has given a detailed rec- ommendation regarding parking location and access. Staff recommends ap- proval with conditions. Chrm. Czaja asked for comments from the audience. Jack Coller stated his purpose this evening is to keep his options open. He believes the Planning Commission has departed completely from historic . patterns of behavior in granting a business use in a residential area. He thinks this would throw the whole residential area open for a commercial enterprise. Even though it is restricted now, those restrictions are not binding and can be changed at any time. He is very disturbed by the elimi- nation of the requirement that at least one of the owners be at the place at all times while open. He is concerned by all the small childen in the proximity. He is also disturbed that the screening of the off street park- ing from Lewis will only be partially screened. The south side along the alley is wide open. He said anyone coming down Lewis Street will look right into the parking area. He complained of the presence of a delapidated 100 year old building to the back of the house. He understands it must be either brought up to standards or removed. He is requesting a condition that this building be removed and the parking lot be moved from abutting Lewis back to the west line of Lot 7, so then it would be hardly visible from Lewis or his property, which would reduce the impact of this conditional use. He added that the objections he made at previous meetings are still on record. Dennis Moriarty, representing the applicants, addressed Mr. Coller's con- cerns. He stated the applicants are spending a significant amount of money for this business; it is not just a hobby. He stated the most violative type of business is liquor, but there is no requirement that the owner is present at all times in a liquor establishment. He said the applicants are proposing to run a very delicate business, and their trust in a manager should be res- prected. The applicants support the off street parking as recommended by staff, because the run off will be better from the alley and the aesthetics are better with less tar involved. Mr. Moriarty stated the old building referred to by Mr. Coller is one of several old buildings on the property and it is not delapidated. It has been used as a garage and they plan to. continue its use as a garage. Each of the homes in the area has an old building usedasa garage. The appli- cants intend to maintain the garage as they would the residence. If the building is removed there will be no place for them to store necessary_ gard- ening and maintenance tools. Brief discussion followed. Chrm. Czaja asked if there were any other comments from the audience, and there were none. Shakoee Planning Commission March 14, 1985 Page 4 Stoltzman/Rockne moved to approve Conditional Use Permit No. 390, subject to the following conditions: 1. Compliance with the Bed and Breakfast Inn criteria as listed in the R-2 District. 2. Submittal of a Management Plan to be approved by the Planning Commission. 3. Parking area shall be paved and natural screening, not less than 3.5 feet in height, shall be provided along the east side of the parking area. 4. Signage in accordinace with the sign ordinance. 5. Outdoor lighting shall be directed away from residences and street right-of-way. 6. Refuse storage shall be contained within a structure or screened from adjacent residential uses. 7. Conditional Use Permit to be reviewed after one year. Motion carried unanimously. Chrm. Czaja informed the applicants of the 7 day appeal period. VanMaldeghem/Rockne moved for a 5 minute recess at 9:00 p.m. Motion carried unanimously. Rockne/Stoltzman moved to reconvene at 9:08 p.m. Motion carried unanimously. PUBLIC HEARING — THOMAS CONDITIONAL USE PERMIT VanMaldeghem/Stoltzman moved to open the public hearing regarding the request by Walter Thomas for a conditional use permit to assemble and store -trans- portation equipment at 2888 E. 4th Avenue. Motion carried unanimously. The City Planner went over the considerations involved and recommended ap- proval with conditions. She suggested the Commissioners might want to con- sider a limitation on the number of cars stored or amount of storage area used, such as 50% of the available storage area or 45 cars maximum. Walter Thomas, 13708 Summit Lane, Burnsville, said he would be more than happy to keep the parking area neat and orderly and even paint parking lines if necessary. He would anticipate at any one time there might be 10-20 cars inside and the same amount outside. Chrm. Czaja asked if there were any comments from the audience. Bruce Malkerson, attorney for Minnesota Racetrack, Inc. , asked to what height the screening of the storage area would be required. The City Planner replied that the intent would be the full 6 foot fenced height, for total screening. Mr. Malkerson responded that would be no problem for them.at that height, Mr. Thomas said there would sometimes be damaged cars stored outside, but they wouldn't be seen. It will not look like a junkyard. Discussion ensued regarding the difference between "reconditioning" and "repairing" cars. Mr. Thomas said they do some work for insurance companies, but they don't take any major wrecks, just fenders, lids, doors--only minor repair. 5naxopee rlannino uommission March 14, 1985 Page 5 Lane/Rockne moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Stoltzman offered Conditional Use Permit No. 394, subject to the following conditions, and moved its adoption: 1. The business operation shall not advertise for or accept retail business. 2. Signage shall be limited to a wall or free standing ground sign no more than 50 sq. ft. in size and stating name and address only. 3. The vehicle storage area shall be completely screened to an ap- proximate height of 6 feet. 4. Natural screening not less than 3 feet in height shall be pro- vided along the east property line. 5. Three deciduous trees, not less than 21-2 inches in diameter at time of planting, shall be placed along the north property line within one year. 6. No more than 50% of the storage area shall be used for storage of vehicles at any one time. 7. Parking design shall be submitted to the City Planner prior to issuance of conditional use permit. 8. This -business is limited to reconditioning of vehicles, and major vehicular repair is not allowed. 9. Annual staff review. Motion carried unanimously. Chrm. Czaja informed applicant of the 7 day appeal period. DISCUSSION - SOUTH PARKVIEW FIRST ADDITION FINAL PLAT The City Planner pointed out on the plat the items that have changed from the first plat. She went over the considerations and recommended approval with conditions. Brief discussion followed. regarding street configuration and lift station responsibility. Stoltzman/Lane moved to recommend to City Council approval of South Parkview First Addition, subject to the following conditions as presented in the memo dated March 1, 1985: 1. Approval of a Title Opinion by the City Attorney. 2. Outlot E shall be dedicated. (park dedication) for use as a retention basin. 1 3. Execution of a Developers Agreement for the construction - --- of the reauired_improvements.: -a.--A sidewalk to be constructed along the north_side of 13th Avenue when Phases II and III are constructed, -in accordance with .the .Design Criteria and Standard �. - - - --- - -the--City of Shakopee. Specifications adopted- by --- b. Street_lighting-.moo be_.--installed:in--accordance-_with the _.: requirements of the SPUC Utilities Manager. c. Water system to be installed in accordance with the - requirements of the SPUC Utilities Manager. - d. Sanitary sewer and storm water system be installed in - accordance with the requirements of the City Engineer. e. Street improvements .be made in accordance with the _ requirements of the City Engineer. Phase I construction of roadways must end in temporary hammerhead turn- arounds which must be replaced with a temporary cul-de- sac if the balance of the road construction is-nom z)naicopee rlaniiiiib lon March 14, 1985 Page 6 completed within one year. f. The developer shall agree to the City Engineer' s method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. 4 . The City Engineer must receive and approve revised final plans and specifications for all public facilities including, but not limited tc, roads , sanitary sewer system, storm sewer and the receipt of the overlot grading plan. 5 . Approval by the Planning Commission of a variance for Quincy Circle to exceed the maximum cul-de-sac length of 500 feet by 82 feet for_ the reason -that a design change of 13th- Avenue was- required-by- the City- and- County Engineers- which-- --- necessitated ngineers_ which__ -- necessitated a change in the design -of Quincy Circle.-.------ - 6 . Outlot.s A, B, C and D comprise Phases II and III and must be replatted prior to any development. 7. The developer shall provide all street signs . 8 . The developer shall submit to the County Engineer construc- tion .plans for access to CSAH 15 and obtain a permit when Phases II and III are developed. 9. Funding for the oversizing of 13th Avenue will be provided by the City of Shakopee. 10. There shall be a one to ten ratio for duplex development as agreed to by the developer. 11. A planting easement will be provided on Lots 1-9 , Block 1 , where these lots abut CR 15 . 12. The developer must determine what portion of the lift station is attributed to other development. 13. The developer shall grant to the City of Shakopee right of entry easements for hammerhead turnarounds for Outlots A, B, C; Lot 3 Block 3 and Lot 5 Block 2. 14. Lots 3 and 4 . Block 3 and Lots 5 , 6 , 7 Block 2 shall be nonbuildable until Phase II facilities serving the lots are completed. Motion carried with Comm. VanMaldeghem abstaining. PUBLIC HEARING - SHORELAND ORDINANCE AMENDMENT VanMaldeghem/Lane moved to open the public hearing regarding the considera- tion of an amendment to the Shoreland Ordinance and Zoning Map to remove certain protected waters from the Shoreland District. Motion carried unanimously. , The City Planner explained that removing these certain waters from the Shoreland Ordinance but keeping them in the Floodplain still restricts- their- use and they will -be pro-totted;-but-`it-wrll7not-affect--exist- ng-businesses -- ---- This -is the least-complicated,ray-to--accomplish_this.___ Chrm. Czaja asked for comments from the audience, andtherewere none_ VanMaldeghem/Stoltzman moved to close the public hearing. . Motion carried unanimously. Lane/Stoltzman moved to recommend to City Council that Sections 11.21 and 11.35, Subd. 2 of the City -Code be amended to remove the- Shakopee- Mill Pond,-_-- Minnesota River, Fischer and Rice -Lakes from the--Shoreland---District --lotion -- carried unanimously. Shakopee Planning Commission March 14, 1985 Page 7 DISCUSSION - FINAL PLAT OF FOX RUN FIRST ADDITION The City Planner said she hasn't been able to get together with Mr. Corrigan, the developer, so she isn't sure what his request is. John Diwer, 13470 Pike Lake Trail, Prior Lake, said he has purchased a por- tion of Fox Run and he intends to divide that property into two lots, and he is of the understanding that Mr. Corrigan just wants final approval. The City Planner said Mr. Corrigan has requested some discussion before the final approval. Chrm. Czaja stated there can be no discussion without Mr. Corrigan, and therefore he will have to contact staff and set up another time. INFORMATIONAL Brief discussion was held regarding the meeting procedures recommendations. The City Planner related the ICC's concerns regarding the design standards proposed. She asked for a date to set a public hearing on the downtown de- sign standards. Consensus was April 18, with a second date of May 2. Discussion- ensued regarding complaints about the Hall conditional use per- mit. Various Commissioners reported on their viewings of the property and surrounding. area. Chrm. Czaja stated that his visual inspection showed violations of on site storage of blocks. VanMaldeghem/Rockne moved to recommend to City Council to revoke Conditional Use Permit No. 367 due to non-conformance with the conditions relative to on site storage of materials and noise limits, and direct staff to send a certified letter to Mr. Hall with this information. Motion carried with Comm. Lane abstaining. Rockne/VanMaldeghem moved to accept the staff review of Conditional Use Permit No. 271 (amended) for the operation of a nursery school in an R-2 zone. Motion carried unanimously. The City Planner reported that the City Council adopted the Conditional Use Permit and Mining Permit for Shiely and commended the Planning Commission for its work on it. The City Admr. said staff is receiving a lot of requests for re-zoning, and he would suggest a joint meeting with Planning Commission and City Council to discuss whether-these requests should be dealt with individually or -- -_-- comprehensively-- Staff needs further-- direction- for:-these_se-.zoningzequests -= Consensus was for a joint meeting on April 9, 1985 if agreeable with Council. Chrm. Czaja read the letter of appreciationprepared_ .for_the Planning Com- mission to be sent to Bev Koehnen. Bruce Malkerson, Executive Vice-President of Scottland, Inc. , stated they have a proposal for property on CR17 south of the Jr. High School, for which they will be requesting re-zoning in the future. At this time they -are not-- SnaKopee Ylanninb (,ommission March 14, 1985 Page 8 asking for conceptual approval, but only for questions the Commissioners feel they should address before going further. He feels this is the right time for quality multi-family residential housing in Shakopee. Tim Keane, Vice President for Scottland, Inc. , and planner, explained further the proposal with regard to current and proposed zoning. He said the property would be developed in stages. Because it is signifcantly constrained by gas easements, they would have cluster units. Paul Madson, architect for Arvid Elness, showed slides of multi-family housing types Scottland is using as models for the development proposed. John Shardlow, site and landscape planner, stated they recognize they have the burden proof for a request for re-zoning and they will be presenting why they think 6 acres of B-1 is sufficient at the by-pass interchange. The City Admr, pointed out that most of the request for re-zoning are for B-1. Therefore, if Scottland advises that there is too much B-1 all over the City, that will also affect their subsequent requests for re-zoning other areas to B-1. Mr. Malkerson replied that they definitely need to be site specific in regards to the amount of B-1 at a particular location. He stated they will be back at another time with more presentations. Comm. Stoltzman asked for someone else to be appointed as liaison to the Downtown Committee, at least for the summer when his hours have been changed. Chrm. Czaja reported that of the persons volunteering to fill the vacancy on Planning Commission, City Council has nominated George Reahlander, James Link and Paul Morrenke. The City Admr. said they are to appoint one on the 19th. If anyone additional wants to be considered, a Councilmember should be notified. Lane/Stoltzman moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:30 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, MINNESOTA March 6 , 1985 Chrm . Laurent called the meeting to order at 7 : 33 A . M . with the following voting members present : Jerry Wampach , Terry Link , Bill Wermerskirchen Jr. , Mike Sortum, Dan Steil , Don Martin, Jim Stillman , and Terry Forbord. Absent : Joe Topic. Steve Clay and Dick Stoks came later . Non-voting member present : Lee Stoltzman. Also present: Jeanne Andre, Community Development Director , John K . Anderson , City Administrator , Bo Spurrier, City Engineer, Carl Hofsted , Representive from MnDOT and Wilbur Schroers , Downtown Businessman. Link/Stillman moved to approve the minutes of February 20 , 1985 as presented. Motion carried . Chrm. Laurent advised the Committee that Ken Anderson from Barton- Aschman would not be attending the meeting as a result of the City Council action the night before, whereby the Council decided not to hire a consultant at this time. The reason being they ' d like to be a little more conservative to wait and see if the federal funding will be available for the bridge and hopefully get some input from the downtown people to find out what they want. Dick Stoks arrived at 7 :39 A.M. Chrm. Laurent suggested going over each option addressed in the T. H. 101/169 Bridge and Junction Improvement memo to see which options best address the Committee' s goals and objectives in each case. Chrm . Laurent introduced the first question regarding diversion of through traffic off First Avenue. Discussion on the question regarding eliminating truck traffic on First Avenue was considered with the following suggestions made by the committee : A diversion of truck traffic off of First Ave . with a truck route for deliveries ; maybe a through way on Levee ; a mini-auto mall , where people could park right in front of where they wanted to shop; that people should have a choice with easy access to either go in or around the downtown ; and keep a by-pass short to keep traffic as close as possible to the downtown area to keep people aware that Shakopee is there. Consensus of the committee was to have no through traffic on First Avenue , except car traffic . Page two Downtown Minutes 3/6/85 The City Engineer recommended that the Committee not try and segregate truck traffic , because it would be unenforceable . The only practical plan would be to eliminate all through traffic from First Avenue . Chrm . Laurent reviewed what the Committee ' s B-1 revised plan did ; 1) created a small part of downtown as a retail core ; 2) diverted traffic that wants to go around ; 3) created points of arrival that are eye catching ; and 4) provided easy access for people who want to get to the downtown. Discussion on diversions was then addressed by the Committee with the following suggestions: That a diversion should be provided , but not required ; that there should be diversion that allows for people who want to go around downtown , and easy access for those who want to go downtown by automobile ; that we should try and capture tourist traffic , but be concerned mainly on accommodating people in town and that drive through often. Consensus of the committee was that there should be some kind of short diversion to keep truck traffic off of First Ave , with easy access points for people who want to shop downtown or go around the downtown. Steve Clay arrived at 8 :16 A. M. The City Engineer advised the committee that using any existing street for highway traffic would require more (thicker) pavement , that the only advantage to using an existing street would be for acquisition purposes , cecause the roadway would need to be completely rebuilt. Mike Sortum left at 8 : 21 A. M. The Community Development Director stated that at the Council meeting , Mrs . Lebens was concerned that putting Mr. Lebens name on some of the options would discredit those options and people wouldn ' t take them serious-'- y . This was not the intent , but it was done to distinguish the different ideas one from another, even though many of the ideas do overlap. Discussion was then directed to the location for the point of arrival and location of points of traffic diversion . It was determined by the Committee that it was more important for them to determine where the point of arrivals are and they ' d let the engineer decide how far North of First Avenue the road would have to be located . Page three Downtown Minutes 3/6/85 Jim Stillman suggested plan Hh as a good alternative , with the point of diversion to the west being at Fuller and to the east at Spencer , with the same points of arrival . This plan makes a T-intersection at Lewis which is what MnDOT recommended . The City Engineer advised that T-intersections lack capacity to deliver the cars into Shakopee. It would be less efficient , and a traditional crossed intersection can also address MnDOT' s concerns. Dan Steil left at 8 : 34 A.M. Terry Forbord raised the concern of the highrise being included in the downtown core or not . If not , a way for them to get into the downtown should be provided . Bill Wermerskirchen Jr. agreed with Terry Forbord that the highrise should be included in the downtown core . He suggested moving the by-pass so it would come out at Scott, making it close enough to be able to see the point of arrival at Fuller. Consensus of the Committee was to keep the retail core between Spenser and Fuller and locate diversion points at Spenser on the east and somewhere between Fuller and Scott to the west. The alignment for diverting the traffic will be established by the geometrics as to how far it ' s diverted North of First Avenue. Two other options yet to be decided are ; 1 ) How important is having the highrise included in the downtown core ; and 2) if they do decide to come out at Scott , can a strong enough sense of arrival be created at Fuller to bring people into the downtown. Community Development Director suggested exploring these options with cost estimates , to see how much these issues would effect the cost factors. Chrm. Laurent then initiated discussion on the bridge location stating he thought whatever worked best for the traffic flow would be the best solution , regardless whether there are one or two bridges. Bill Wermerskirchen Jr. thought option Ee with two bridges and two lanes of one-way traffic would be logical. With some traffic still on First Ave . and still diverting a lot of traffic on Levee Dr. , with entry at Spenser and Scott and with a sense of arrival still at Spenser and somewhere on Fuller. The only problem being the traffic coming in from the North and going East would still have to come up to First Ave . If the diversion was a two-way truck route on Levee Dr. it would work out . Page four Downtown Minutes 3/6/85 Carl Hofsted of MnDOT noted that with the short term vs. the long term concept , it should be kept in mind that the Southerly by-pass will divert 60-80p of the 5-axel trucks out of Shakopee . Mr . Hofsted also stated that option Hh with a T-intersection would have to have one less lane in approach from the North to intersection , which would effect the capacity of the inter- section. And option Ee with two-way traffic diversion would have a problem with traffic from 169 North bound traffic , how do you get them on to the bridge? The City Administrator briefly described his option Jj , which brings the intersection North of the river. Bringing the river front to downtown. Jim Stillman and Bill Wermer:,kirchen Jr. left at 9 : 07 A. M. Mr . Hofsted commented on option Jj stating that MnDOT would have a hard time going along with this alternative , because it would be difficult to justify cost relative to user benefits of this alternative. The City Administrator suggested MnDOT take another look at Option Jj in a long-term perspective , because it is more convenient for everyone except the traffic going strictly East-West on Hwy. 101 , which the Southerly by-pass would be most advantageous for handling . Chrm. Laurent asked where the Committee goes from here , without a consultant for help. The Community Development Director explained she didn ' t think it was the Council ' s intent that the Committee wouldn ' t get any help, but they wanted to feel there was a consensus knowing you weren ' t being led by a consultant. Chrm. Laurent stated the Committee has gone over this same process three or four times and have come up with the same result, being very consistent with what they bring to the Council. -- -° _ The City Administrator suggested focusing on other things now , - sending the alternatives the Committee has-come up - with-- to the Council for them to- act or after the funding is assured and then a consultant can--be---chosen to----review---thcse alternatives and proceed from there--- - - -- Don here,- --Don Martin left at 9 : 15 A. M. Page five Downtown Minutes 3/6/85 Steve Clay moved to adjourn all meetings of the Downtown Ad Hoc Committee until Council decides to hire a consultant, otherwise he felt they were just wasting their time. Community Development Director reminded the Committee that they had already scheduled a meeting with the architect students for next Wednesday , at 7 : 00 A.M. , so perhaps Mr. Clay' s motion should be addressed at that time. She also advised the Committee that Pete Sames was appointed by the City Council as a voting member to the Downtown Ad Hoc Committee . She also reviewed the resolution establishing the Downtown Committee and discovered that it does provide that if anyone with two unexcused absences would be immediately removed from the Committee. This will be reviewed at a later date . Link/Forbord moved to adjourn at 9 : 17 A.M. Motion carried . Toni Warhol Recording Secretary � g PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, MINNESOTA March 13 , 1985 Chrm. Laurent called the meeting to order at 7 : 08 A . M. with the following voting members present : Steve Clay , Dan Stiel , Don Martin , Jim Stillman and Terry Forbord. Terry Link, Jerry Wampach, Bill Wermerskirchen Jr. and Dick Stoks came later. Absent : Mike Sortum , Pete Sames and Joe Topic . Non-voting member present : Lee Stoltzman. Also present : John K. Anderson , City Administrator and Jeanne Andre, Community Development Director. Clay/Forbord moved to approve the agenda for the March 13 , 1985 meeting as presented. Motion carried. Clay/Steil moved to approve the minutes of February 27 , 1985 as presented. Motion carried. Joe Niznik of the University of Minnesota Center for Community Studies started a presentation of the design concepts he and his cohorts developed from the Committee ' s comments from the previous meetings. These are : 1) a by-pass to take the heavy truck traffic away from First Ave . , allowing First Ave . to become a pedestrian and auto mall , 2) the side streets could then be made into minor auto malls with additional parking spaces provided by angle parking bays , 3 ) establish streetscaping and focal points for entry into downtown to stimulate passers-by to stop and shop and 4) improve the images of downtown. Terry Link arrived at 7 : 17 A.M. John Kulhanik started the presentation of the Master Plan which demonstrated : a parallel parking scheme along First Ave. , details on types of paving and paving patterns for revitalizing First Ave . as a major auto and pedestrian link to the City , a new parking and boat launch scheme for the riverfront with trails to facilitate snowmobiling and cross-country skiing. In addition they carried the paving patterns across the streets to facilitate the crossing of pedestrians to make a smooth transitition on First Ave. Also included are an entrance arch on Lewis St. and relocating the train depot between Lewis and Holmes to be used as a shop or restaurant perhaps . Joe Niznik presented the streetscape portion of the plan which consisted of: physical changes that can be made to the existing street system when the heavy traffic is rerouted , suggesting narrowing the width of the street on First to make the sidewalks wider, from 6 ' to 161which would allow for more pedestrian ameni- ties. At certain corners they added knolls which help define angle parking and the wider sidewalks shorten the distance to cross the street , therefore making it easier for pedestrians Page Two Downtown Minutes 3/13/85 to cross the streets . At one knoll a tower was added for a focal element which draws attention to the downtown area and also facilitates a seating area. On the side streets they suggested reducing the street size to accomodate 131 sidewalks with angle parking on one side and paral:iel on the other. With this situation he suggested theme materials '-,o enhance the architectural heritage of the turn of the century. Jerry Wampach & Bill Wermerskirchen Jr. arrived at 7: 31 A.M. Brad Pontius then presented the idea of reestablishing building facades to create a character for the downtown that people would remember and want to come back to. He also suggested uneven tree plantings to facilitate signage with benches and lighting at mid-block and brick paving , with the sidewalks being carried into the streets to help facilitate pedestrian movement. The City Administrator arrived at 7 : 40 A.M. Chrm. Laurent questioned the use of parallel parking on Main St. instead of diagonal parking. Brad Pontius said the reason for concentrating more on the amendities in this block is to help centralize and label it as the place to come to. Joe Niznik also added that ' the traffic volume would probably be high and people backing out of diagonal parking would create more of a hazard then with parallel parking . Whereas , the angle parking on the side streets would be more feasible , because there would be less traffic. Ted Maro then presented the trail system portion of the plan. It consisted of two trails :3tarting at a central knoll ; one for hiking and cross country skiing which would be closest to the river , about 61 - wide and the second for snowmobiles and bikes , 61 - 81-- wide .-- --Being approximately 201 apart . There would be a year around- shelter to be used for atourist attraction - in the summer and a place to warm-up in the winter. They feel the river--- is an=-important=--asset-and---should -be--a- center of- ac-tiv i.t i e s . -_ There would be parking space dor trailers_-_just__ off= the - =_ by-pass between_Lewis_and__Sommerville_, with -- pedestrian--bridges _ __ --- at Fuller and---one --just -East of- Sommerville over the b which would be an important link to the business district. y-pass, ---- The Community Development Director questioned what material was suggested for the trails. Page three Downtown Minutes 3/13/85 Ted Maro informed he addressed two different kinds , one being limestone and the other asphalt , but felt the crushed limestone would be more practical . John Kulhanek then presented the riverfront area of the plan located where the by-pass splits off of First Ave . and along the river to Spring Street . Because of the flooding problem in Huber Park, there would have to be some regrading done to bring the recreational portion of it to the 709 floodplain mark, it is now at 706 . They suggested vacating Spring Street and the one between Spring and the river so they could raise the area 41 with fill to create a city park that would be divided into three areas ; first the filled area which would be manicurred with picnic tables and other park equipment, then a transition area with silver maple and ash, and then leaving the area next to the river with natural vegetation because of the flooding . These would be a pedestrian overpass at Sommerville and a wall separating the park from the by-pass. Committee members discussed the concept plan ideas addressed by the students. Dick Stoks arrived at 8 : 10 A. M. Chrm. Laurent thanked the students for the great job they did on the concept and the presentation. The Community Development Director summarized the downtown bridge and highway options discussed at the last downtown meeting to clarify consensus before taking it to Council . A. Areas which the Downtown Committee has reached consensus on proposed bridge/junction improvements: 1) Desire to have two-way by-pass of traffic off First Avenue for a limited distance . 2) East and West points of arrival to downtown retail core should be at Spenser and Fuller. (This does not refer to diversion of traffic which is addressed in B) . B. Options which Downtown Committee recommends for study for bridge/junction improvements : Page four Downtown Minutes 3/13/85 1) One option for diversion of traffic off First Avenue should start at Spencer on the East , with diversion on the West at approximately Fuller Street . This option would maintain the current problem separation of the senior highrise from the retail core , and so should include in its cost analysis an overpass or underpass to aid in pedestrian movement across the highway. 2) A second option for diverting traffic off First Avenue - would still start at Spenser on the East, but divert at approximately Scott Street on the West. Diversion at Scott would remove a natural point of arrival to the retail core at Fuller and so this option s h o u 1 d develop some alternative focal point at Fuller to compensate for the earlier diversion and include this element in the cost factors. 3) A third option would take the intersection to the North of the river with connecting roadways at Spenser and either Fuller or Scott. This option places more emphasis on the bridge portion of the project and would require MnDOT concurrence. C. Areas which the Downtown Committee left for additional analysis of consulting engineer: 1) Exact location of the East-West traffic diversion between the river and First Avenue. 2) Use of one four-lane bridge at either Holmes or Lewis or paired bridge option. 3) Elevation of bridge and how it approaches the .East-West diversion and provides for entry of traffic to the downtown. D. Cost considerations which Committee particularly discussed: 1) Cost of acquisition of improved land for right-of-way. - 2) Cost of rebuilding and possible--- changes -in- el-evaton of existing R-O-W if used for- highway. Page five Downtown Minutes 3/13/85 3) Alternatives and cost of removing and/or relocating public buildings and facilities potentially impacted by the highway/bridge project (Boat access , restroom, Community Services, water well, electrical substation, trailhead) The Community Development Director told the committee at a recent Council meeting the consultants estimated that there is an additional $10 million that would be available from tax-increment. Dan Steil left at 8 : 42 A. M. and Don Martin left at 8 : 48 A.M. The committee reconfirmed their consensus of these options , with the Community Development Director suggested the committee members attend the council meetings when this issue is presented and address their concerns at that time. Link/Wermerskirchen moved that the Downtown Committee has consensus that the summary of the Downtown Committee Discussion of Downtown Bridge/Highway Options prepared by the Community Development Director, with the amendment of the word "disgression" in line C. be changed to "for additional analysis" , be approved as pre- sented. Motion carried. Chrm. Laurent asked for comments concerning future meetings. It was consensus of the committee that they would meet April 3rd at 7 : 30 A.M. Lee Stoltzman advised staff to update staff reports for sewer, utilities, Housing Alliance and Council Actions concerning the downtown committee. The Community Development Director asked the committee if it would be agreeable with them to attend the City Council meeting, if and when the bridge/junction issues are further discussed and also to the Planning Commission public hearing when they address the Downtown Zoning and Design Standards (tentatively scheduled for either April 18th or 25th) . The committee was agreeable and will be sent notices of these meetings. Chrm. Laurent then read Terry Link' s letter of resignation from the committee. Stillman/Forbord moved to adjourn at 9 : 00 A.M. Motion carried . Toni Warhol Recording Secretary TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee, Minnesota April 4 , 1985 Chairman Czaja Presiding : 1 . Roll Call at 7 : 30 P.M. 2 . Approval of March 7 , 1985 Minutes 3 . Approval of March 14 , 1985 Minutes 4 . Remove From Table : To consider a variance from the sign ordinance in order to erect a temporary free standing adver- tising sign . Applicant: Minnesota Racetrack Inc. Action: Variance Resolution No. 393 5 . 7:45 P.M. PUBLIC HEARING: To consider a variance from the minimum lot size requirement in the I-1 District. Applicant: Bankers Life Company Action: Variance Resolution No. 396 6 . 8:00 P.M. PUBLIC HEARING: To consider the decision that said appellant may not operate a deli and catering business at 537 Sommerville in the R-2 District. Appellant: Joseph Stocker, 537 Sommerville Action: Appeal Resolution No. 397 7 . Discussion: Bulk as related to Non Conforming Uses Action: 1) Determination on definition of Bulk 2) Determination on Charles Pass Building Permit 8 . Other Business 9 . Adjournment Judi Simac City Planner CITY OF SHAKOPEE ,TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, Minnesota April 4 , 1985 Chairman Czaja Presiding : 1. Roll Call at 7 : 30 P. M. 2 . Approval of March 7 , 1985 Minutes 3 . Approval of March 14 , 1985 Minutes 4 . 8.30 P.M. PUBLIC HEARING: Request for a Conditional Use Permit to install an eight foot chain link fence with one foot of barbed wire upon property known as the Canterbury Downs Racetrack site , E . 4th Ave . , legal description on file. Applicant: Minnesota Racetrack, Inc . Action: Conditional Use Permit Resolution No. 398 5 . 8.45 P.M. PUBLIC HEARING: Consideration of a request to rezone a 9 . 123 ac . parcel , L2 B1 Hall ' s 1st Addition ( 8700 Hwy 101) from B-1 Highway Business to I-1 Light Indus- trial . Applicant: Bankers Life Company Action: Recommendation to City Council 6 . 9. 00 P.M. PUBLIC HEARING: Request for a Conditional Use Permit to construct a hotel upon property described as Lot 4 , B1 , Century Plaza Square 3rd . Addn . , located at the intersection of CSAH 17 and 16 . Applicant: Murray R. Williamson Action: Conditional Use Permit Resolution No . 399 7 . 9: 15 P.M. PUBLIC HEARING: Request for a Conditional Use Permit to operate a veterinary clinic at 4110 Valley Industrial Blvd. S. , legal description on file. Applicant : Minnesota Valley Equine Veterinary Clinic , LTD . Action: Conditional Use Permit Resolution No. 400 8 . 9:3o P.M. PUBLIC HEARING Request for a Conditional Use Permit to convert the loft of a barn to living space in order to provide a second home in the Ag District , upon Property located at 1830 Marschall Road . Applicant: Janet and Kevin Winter Action: Conditional Use Permit Resolution No. 401 9 . Discussion: Request by :Sanders Ackerberg to discuss develoment plans for property S. of Jr. High and E. of CSAH 17 . 10 . Disc-uss 0:, : RcgtiEst by Steve 'Hbntges to discuss platting of a parcel in the SE 1/4 of Section 2 , TWP 115 , R 23 . 11. Information: a) Council action on Koehnen Appeal b) Council action on preliminary plat DellaTs 1st Addition c) P - C „ and Council Development Workshop April 9th d) AnnLal C . U. P. Review: Prahm Coll Ballroom e) 11. Other Business 12. Adjournment Judi Simac City Planner CITY OF SHAKOPEE TENTATIVE AGENDA Downtown Ad Hoc Committee April 3 , 1985 7 : 30 A.M. Chrmn. Laurent presiding 1. Call to Order at 7 : 30 A.M. 2 . Approval of the Agenda 3 . Approval of minutes of March 6th and 13th, 1985 meetings. 4 . Liaison to Industrial Commercial Commission 5. Bridge Junction Improvements a. Reaction from Minnesota Department of Transportation b. Senate hearing on Transportation funding 6 . Downtown Utilities a. Storm Sewer b. Sanitary Sewer c. Electrical d. Water 7 . Consulting Engineer Services -Council Action 8 . Housing Alliance proposal 9 . Future meetings 10 . Shakopee Showcase - Downtown Booth 11. Other Business 12 . Adjourn at 9: 00 A.M. Jeanne Andre Community Development Director CITY OF SHAKOPEE IF YOU ARE UNABLE TO ATTEND THE MEETING PLEASE CALL JEANNE OR TONI TO LET THEM KNOW. RECEIVED �f MAR 2 7 1985!f- strict 272 CITYf�TY OF Y�OPM, siness Office March 22, 1985 0 LO CD Mr. John Anderson City Manager rn Shakopee City Hall N 129 1st Avenue E. Shakopee, MN 55379 C REFERENCE: AMMENDMENT TO CAPITAL IMPROVEMENT PROGRAM L o_ Dear Mr. Anderson: Please find enclosed an ammendment to the 1980 Capital Improvement Program as 4 defined in Minnesota Statute 473.863. The Eden Prairie School District is Ln proposing the construction of a new elementary school in the southwest quadrant Ln of the City of Eden Prairie. This proposal is in keeping with the original C: Capital Improvement Program produced in 1980. If, after reviewing this ammendment, you have comments, we would appreciate receiving them by April 15, 1985. It is our intent to submit this ammendment CL along with any comments to the Metropolitan Council on April 19, 1985. -0 Sincerely yours, LU EDEN PRAIRIE SCHOOLS 0 0 0 0 Merle 0. Gamm U) Executive Director of Business Services 0 0 00 MOG:bg Enclosure AMMENDMENT TO THE EDEN PRAIRIE SCHOOL DISTRICT 272 CAPITAL IMPROVEMENT PROGRAM 1980 - 1985 (PURSUANT TO METROPOLITAN LAND USE PLANNING ACT) MS 473.863 SUBMITTED TO: METROPOLITAN COUNCIL SUBMITTED BY: BOARD OF EDUCATION INDEPENDENT SCHOOL DISTRICT 272 8100 SCHOOL ROAD EDEN PRAIRIE, MINNESOTA 55344 MARCH 15, 1985 A Copy of this Ammendment to the Capital Improvement Program Dated March 15, 1985 'I,s Being Transmitted to the Following: SCHOOL DISTRICTS: Minnetonka Hopkins Edina Bloomington Chaska Shakopee Burnsville COUNTIES: Hennepin Scott Carver CITIES: Eden Prairie Bloomington Minnetonka Hopkins Edina Shakopee Chanhassen PREFACE This ammendment to the original Capital Improvement Program has been prepared for the Metropolitan Council and other contiguous governmental units as required in the Land Planning Act and updates the Capital Improvement Program for the Eden Prairie School District through 1985. The original Capital Improvement Program, as submitted in 1980, is now being updated to implement the construction of an elementary building in the Eden Prairie School District as originally planned in the 1980 Capital Improvement Program. AMENDED CAPITAL IMPROVEMENT PROGRAM The school district appointed an Enrollment & Facilities Committee in the fall of 1984 to study the enrollment and facilities of the Eden Prairie School District for the years 1985-1990. The committee was comprised of citizens, School Board members and staff members of the school district. The recommendations of the committee are summarized below. RECOMMENDATION 1 - ELEME^ITARY SCHOOL The committee recommends building a new elementary school to be located within the southeast quadrant of the school district. RECOMMENDATION 2 - TEMPORARY FACILITIES The committee recognizes that the district will need temporary space until the new building is available; therefore, the committee furthermore recommends renting space and developing kindergarten center(s) for the 1985-86 and 1986-87 fiscal years. RECOMMENDATION 3 - FUTURE SPACE STUDY The committee recommends that the School Board reappoint another Enrollment & Facilities Committee during the early part of the 1985-86 school year to study the additional impending and imminent needs for additional facilities by the end of this decade. ENROLLMENTS Exhibit 1 is taken from Page 29 of the original Capital Improvement Program. It reflects the original enrollment history and projections through 1985 as estimated in 1980. Exhibit 2 is the current enrollment history and projections through 1990. Note that the original projections made in 1980 predicted that enrollment would be 4,481 in the 1984-85 school year. In actuality the enrollment was 4,212. The current projections in Exhibit 2 also predicts that the enrollment in 1989-90 will increase from the current 4,212 to 5,921 which is an increase of 1,709 students. The district has been fortunate in being relatively accurate in its long-range enrollment projections and since the district continues to use the same assumptions in producing these predictions, the district is equally confident of the current projections. -2- The district also produced a set of enrollment "parameters" which show the "high range", "low range" and "best estimate" enrollment projections. The district feels confident that the actual enrollment will be within the high and low range and feels most confident with the "best estimate" projection. Exhibit 3 reflects the enrollment parameters. BUILDING CAPACITIES Exhibit 3 also reports the current capacity at each grade level . For example, current capacity for kindergarten children is 405 as compared to projected enrollment for 1985-86 at 421. The district uses a term "practical capacity" as opposed to total capacity. Practical capacity is established at 90% of total seating capacity for kindergarten children, 900//Q of total seating capacity for grades 1-5, 85% of total seating capacity for grades 6-12. The difference between total seating capacity and practical capacity is that boundary lines, scheduling, course selections, ages of children, etc. do not permit schools to be used to 100% of seating capacity. Exhibits 4, 5, 6 and 7 reflect the graphic portrayal of projected enrollment as compared to existing building capacities. Each exhibit relates to particular specified building levels as indicated. These charts on Exhibits 4 through 7 clearly show that practical building capacities will be exceeded in the 1985-86 school year at grades K-5. Page 39 of the original Capital Improvement states that the district planned to construct an additional elementary in the year 1987-88. This proposal is in keeping with that recommendation. -3- CURRENT LEASE WITH EDINA SCHOOL DISTRICT The Eden Prairie School District has been leasing an elementary school from the Edina School District for six years. The district currently has a lease through 1993-94; however, the lease can be terminated by either school district with a three year advance notice. The Edina administration has reported to the Edina School Board the Edina School District is starting to grow again at the elementary level after several years of declining enrollment and it may be possible that the Edina School District will need to cancel the lease prior to 1993-94. CLASSROOM AVAILABILITY IN SURROUNDING DISTRICTS The Eden Prairie School District has demonstrated its commitment to inter-district cooperation by having already leased a building from the Edina School District for six years and plans to continue using it for the indefinite future. The Eden Prairie School District has investigated the availability of additional classroom space in other contiguous districts. A review of the classroom space availability is as follows. The Shakopee and Chaska School Districts adjoin Eden Prairie on the south and the west. Neither of these school districts has any classroom space available. The Minnetonka School District adjoins Eden Prairie on the west and north boundaries. Minnetonka does not have any elementary space available. Minnetonka does have a junior high school that is partially vacant at the intersection of State Highway 41 and State Highway 7. The space that is available in the Minnetonka West Junior High School would require extensive remodeling and equipment purchasing in order to make it functional for an elementary building. Furthermore, it is located so far from the Eden Prairie population center that it makes its usage impractical . -4- The Hopkins School District is located on the northern and eastern boundaries of the Eden Prairie School District. Hopkins has one elementary school building located at the Intersection of Baker Road and Minnetonka Boulevard (Burwall Elementary) that is currently being leased by Hopkins Community Services to various renters. It is currently leased and unavailable for renting by the school district. It is also located too far from the Eden Prairie population center to make it a practical location to consider. The Hopkins School District also has Eisenhower Senior High School located on Highway 7 West of Highway 494. This building is completely leased to various renters through the Hopkins Community Services Department. Even if the Hopkins School District was to consider leasing it to Eden Prairie, it would require significant remodeling for it to be usable as an elementary facility. Finally, it is also located too far from the Eden Prairie population center to make it a practical location for consideration. The Edina School District is located on the eastern border of Eden Prairie. Edina has one building available which the Eden Prairie School District has already leased. . Edina informs Eden Prairie that their population is starting to grow at the elementary level and that additional space is not available. The Bloomington School District has an elementary building (Southwood elementary) located approximately five miles from the southeast corner of the Eden Prairie School District which is available for rental . Southwood is currently being rented to other organizations but the Bloomington School District would be leasing portions of it to the Eden Prairie School District in 1985-86. The Eden Prairie School District plans to rent portions of it in the future. The building is too small for it to be used as a permanent structure in place of the one currently being planned for construction in Eden Prairie. Since the Eden Prairie School District is growing quite rapidly, it would be Eden Prairie School District's desire to use Southwood elementary as an overflow facility. -5- The conclusion of the Eden Prairie School District is that the only funtional and usable space in surrounding school districts is Southwood elementary in Bloomington and Eden Prairie plans to rent space within that building as an overflow facility as needs occur and as such plans coordinate with Bloomington' s plans. DEBT SERVICE Exhibit 8 reflects the current debt service schedule. It should be noted that the highest principal and interest payment is scheduled for levying in the 87-88 school year and then the payments decrease. This was a part of the long range plan for Eden Prairie' s future needs. TAXABLE VALUATIONS Exhibit 9 is a summary of the taxable valuations, debt payments and mill levies through the year 1990. If this chart was compared with Page 74 of the original Capital Improvements Program, one would note that the original chart projected much slower growth in the taxable valuation in Eden Prairie and thereby projected the mill rates to hold stable at 11 mills whereas, in actuality, the taxable valuation has grown very rapidly and the mill rate has decreased substantially. For example, the original Capital Improvement Program projected the debt service mill levy to be 11.234 mills in the 1985-86 school year whereas, in actuality, it is reduced to 5.035 mills. -6- SUMMARY It is evident from the enrollment history and projections that the Eden Prairie School District is growing relatively rapidly. The school district has already exercised an option to lease a building from a neighboring school district by leasing Highlands elementary school in Edina. The Eden Prairie School District has carefully surveyed surrounding school districts to determine if additional elementary facilities may be available for Eden Prairie's use in the next 5 to 10 years. It has been determined that elementary space will not be available in the foreseeable future. Finally, it should be noted that the Eden Prairie School District is located within a community that has reached approximately 50% of its growth potential . It is anticipated that the district will have a need for additional elementary schools by the time the district reaches maturity. Currently the district only owns two elementary buildings and leases one. It seems evident, therefore, that the inevitable "declining enrollment syndrome" has been carefully considered and the district' s planning will not result in excess facilities should the proposed elementary building be approved by the voters in the fall of 1985. EDEN PRAIRIE EXHIBIT 1 ENROLLMENT HISTORY AND PROJECTIONS through 1984-85 TABLE 12 AGE OR 73-74 74-75 75-76 76-77 77-78 78-79 79-80 80-81 81-82 82-83 83-84 84-85 GRADE KIND 164 185 209 196 167 234 248 261 274 288 295 303 GR 1 155 186 200 227 228 184 258 270 284 314 308 316 GR 2 152 158 179 216 252 251 200 281 294 310 336 330 GR 3 , 154 168 159 195 241 273 273 218 307 321 332 359 GR 4 185 178 179 188 220 2.63' 298- 298 237 335 343 355 GR 5 183 198 188 194 208 240 287 325 326 259 358 367 1 - 5 1 829 888 905 1020 1149 1211 1316 1392 1448 1539 1677 1727 K - 5 993 1073 1114 1216 1316 1445 1564 1653 1722 1827 1972 2030 GR 6 189 19.8 214 194 209 220 262 .313 353 356 272 376 GR 7 191 216 200 241 213 216 242 276 342 386 374 286 GR 8 208 195 224 214 255 215 238 253 288 357 405 392 6 - 8 588 609 638 649 677 651 742 842 983 1099 1051 1054 GR 9 220 212 204 246 234 268 236 253 269 306 368 417 GR 10 187 222 22.5 212 2.42 229 277 241 258 275 315 379 GR 11 152 178 224 231 218 233 239 278 241 259 283 324 GR 12 182 142 180 218 231 207 237 234 272 236 254 277 9 - 12 741 754 833 907 925 937 989 1006 1040 1076 1220 1397 K - 12 2322 2436. 2585 2772 2918 3033 3295 3501 3745 4002 4243 4481 EXHIBIT 2 ENROLLMENT HISTORY AND PROJECTIONS October 25, 1984 LONG RANGE PLANNING DISTRICT WIDE GRADE HISTORY - OCT. 1 CENSUS PROJECTIONS 1980-81 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 1939-1990 Kindergarten 244 286 .275 312 373 421 469 561 552 532 1 258 241 301 289 343 389 439 490 586 576 2 257 262 247 321 298 353 401 453 505 604 3 222 279 248 277 325 311 369 419 473 . 528 4 301 245 293 256 296 344 329 390 443 500 5 324 306 235 302 282 304 354 338 401 456 Sub. 1-5 1362 1333 1324 1445 1544 1701 1892 2090 2408 2664 6 299 338 315 258 332 299 322 376 359 425 7 251 308 369 353 276 357 322 347 405 387 8 262 259 312 374 375 285 368 332 358 418 Sub. 6-8 812 905 996 985 983 941 1012 1055 1122 1230 9 245 269 282 340 384 397 302 390 352 379 • 10 1241 246 278 289 342 388 401 305 394 356 11 263 245 244 282 294 . 345 391 404 307 397 12 237 273 241 256 292 300 352 399 412 313 Sub. 9-12 986 1033 1047 1167 1312 1430 1446 1498 1465 1445 I 3404 3557 3642 3909 4212 4493 4819 5204 5547 5921 3881.61 4054.0 4195.7 4510.61 4810.7 5111.3 5438.9 5794.3 6162.2 6530.0 up i 1 s 1 153 (4.5%)l 85 (2.4%)l 267 (7.5%)j 303 (8.3%)l 281 (6.7%)l 326 (7.3%.)l 385 (8.0%)l 343 (6.6%) l 374 (6.7%) upil Units 1 172.4(4.4%)l 141.7(3.5%)I 314.9(7.5%)l 300.1(6.7%)l 300.6(6.2%)l 327.6(6.4%)) 354.4(6.5%)l 367.9(6.3%) J 367.8 (6.0X) Notations: Units Children Under 21 18 per Dwelling 1. All Data Excludes: 2. Census Data as of 10/1/83 a. Non-Resident Students a. Total Dwellings 7395 47% .80 b. Pre-School Handicapped b. Single Family Dwellings 4931 57% .98 c. Special Education students c. Apartment Dwellings 1032 25% .35 attending other school d. Towr.home Dwellings 534 26% .37 districts e. Multiple Family Dwellings 40 45% .95 f. Unspecified Dwellings 858 29% .49 ENROLLMENT PROJECTIONS EXHIBIT 3 1985-86 1986-87 1987-88 1988-89 1989-90 Best Low High Best Low High Best Low High Best Low High Best Low High Est. Range Range Est. Range Range Est. Range Range Est. Range Range Est. Range Ran e Kindergarten 421 400 442 469 436 502 561 516 606 552 502 602 582 524 640 Practical "' Capacity 405 405 405 405 405 405 405 405 405 405 405 405 405 405 405 I Grade 1 389 370 408 439 408 470 490 451 529 586 533 639 576 518 634 Grade 2 353 335 371 401 373 429 453 417 489 505 460 550 604 544 664 Grade 3 311 295 327 369 343 395 419 385 453 473 430 516 528 475 581 Grade 4 344 327 361 329 306 352 390 359 421 443 403 483 500 450 550 Grade 5 304 289 319 _354 329 379 338 311 365 401 365 437 456 410 502 i Grades 1-5 1701 1616 1786 1892 1759 2025 2090 1923 2257 2408 2191 262.5 2664 2397 2931 Practical Capacity 1580 1580 1580 1580 1580 1580 1580 1580 1580 1580 1580 1580 1580 1580 1580 Grade 6 . 299 284, 314 322 299 345 376 346 406 359 327 391 425 383 468 Grade 7 357 339 375 322 299 345 347 319 375 405 369 441 387 348 426 Grade 8 285 2.71 299 368 342 394 332 305 359 358 326 390 418 376 460 Grades 6-8 941 894 988 1012 940 1084 1055 970 1140 1122 1022 1222 1230 1107 1354 Practical Capacity 1143 1143 1143 1143 1143 1143 1143 1143 1143 1143 1143 1143 1143 1143 1143 Grade 9 397 377 417 302 281 323 390 359 421 352 320 384 379 341 417 Grade 10 388 369 407 401 373 429 305 281 329 394 359 429 356 320 392 ' Grade 11 345 328 362 391 364 418 404 372 436 307 279 335 397 357 437 Grade 12 300 285 315 352 327 377 399 367 431 412 375 449 313 282 344 Grades 9-12 1430 1359 1501 1446 1345 1547 1498 1379 1617 1465 1333 1597 1445 1300 1590 Practical Capacity 1423 1423 1423 1423 1423 1423 1423 1423 1423 1423 1423 .1423 1423 1423 1423 Total K-12 4493 4269 4717 4819 4480 5158 5204 4783 5620 5547 5048 6046 5921 5328 6515 Practical Capacity 4551 4551 4551 4551 4551 4551 4551 4551 4651 4551 4551 4551 - 4551 4551 4551 EXHIBIT 4 10/17/84 BUILDING CAPACITY -- NC C 7 0 G.................................. .................................. .................................. ................. ...............[......I......... ................... ............... ............... ........................... .....,........... .............. ..... . ...... .............. ............... Er .............. ................. ................. ............., .............. ..... .°.1:,,. ................ P . ......... .............. ........:......f ..,..,...... ::::::,,.,.... ...... ..... ................ 7 � ..............� .......... ...............!, . ., t... ... .... :1' ................ ............. ..............,. .............. •.....tt:....� :':::.�...:. ..... ......... ................ . , fit ............... .........l....•� �.................' � .. .............L ...... .. .. ,1, 1. ............. j ...i...,..... ..,.'........ .........._....L .................................. . I ................. ................ .......fit°t:.,... °....,�L'....... ,....., ......... ................ ................. 4 15 Vii ' i,^�- 3.............. .............. ................tom. �r' ,.� .t .. y,�•, ;;�� .,. +� 4 ...............��:"':'�`.` .: .::...� ' ............... ...............aa............... ................ (2) ° . ............ —,°.i°:::•........ .............. .............. ............. .............. ................ § 5 C ..:.::........:i •ati•.........:. ............:.v :.ti•......:.w. ::......::ti•...: �......:.{ti'r:�:_. .... ....tip{=.:�• �7 8 83 so YEAR ENDING (1) 450 seating capacity @ 25 children per room (2) .405 practical capacity @ 25 children per room @ 90% scheduling efficiency (Only seven of the nine classrooms currently assigned for kindergarten use are actually designed for kindergarten. The other two rooms are classrooms designed for Grades 1=5. Therefore, the two rooms have considerably less square fdotage available than the seven rooms originally designed for kindergarten usage.) The top line on the graph represents the "high range" projections. The middle line on the graph represents the "best estimate range" projections. The bottom line on the graph represents the "low range" projection. EXHIBIT 5 10/17/84 ,, .. ... ...... li .............. '1.,' � . ............. , 1 1• ............... � iL�. � � °i.�t,................. ............o. ....e•..a..... .a......ea.... ..........a;'i � ......a.i.'• R2— 4 0 'V,Pt7,a............. .............. .............. .............. 11't 11= t•,''1. ............. r............. .....•a...... ...f...... .. .......k�l.•.....•...e. .......... 0 ,• L ...aa.aa.. M d E i f;<.............. ............... ..........•' . .....a��61�..... ...l.l.......... .............. .u. 1� 1 r 1• �'�.'•,'•5.�..'..f .f. ti.f...... ............ ...........a ............. 1 • ..r............ •.•............ • . .... 1 ...... •:tiff•: :• :• t ' ' , 6 YEAR ENDING (1) 1,759 seating capacity @ 27 children per classroom (2) 1,580 practical capacity @ 27 children per room @ 90% scheduling efficiency The top line on the graph represents the "high range" projections. . The middle line on the graph represents the "best estimate range" projections! The bottom line on the graph represents the "low range" projection. EXHIBIT 6 10/17/84 BUI LE I NC C F` � CI 7Y 6-8 140al�............... ................ ................ ................ ................ ................ ................ 1 .. ............. ' ........ ............ E . . ............. .............. .............. .............. .............. ... .. ... . ......... (2) ............. ............ .... " ' .............. s 1 ,.....e..,.... W : L .'......•. � ............. P.x.....,..,...e.. �....,. r15 C. ........,u.... L .�/ 1 L 110 �............... ................ ................ . ;,,11:........ ......'..;.d�.... ............,,,��........,...... I. 5 .............. ....... .... ::..1 ..... . .. .... .............. ,11 ,,• 1 Nl !¢'�� f�'1�, ' ............... ................ .1.........,.��: ................ .........,1...... ................ ................ ............... ...��''�1:.v .,.ti�.......... .............. ................ ................ 35 .........lmi� �. ................ ... •. �. ,:........... .:.....,........ ................ ................ ................ .............. tiff::a ...... ...:a. YEAR ENDING (1) 1,345 seating capacity @ 28 children per classroom (2) 1,210 practical capacity @ 28 children per classroom @ 90% scheduling efficiency (3) 1,143 practical capacity @ 28 children per classroom @ 85% scheduling efficiency The top line on the graph represents the "high range" projections. The middle line on the graph represents the "best estimate range" projections. The bottom line on the graph represents the "low range" projection. EXHIBIT 7 10/17/84 0 C BUILDINC - C,A P A C,I T,Y 3 1 9 135 , . .............. ................ ................ ................ ................ ................ ................ 1 :9 0 c............... ................ ................ ................ ................ ................ ................ I `1................ ................ ................ ................ ................ ................ ................ . ............... ................ ................ ................ ................ ................ ................ ' .............. .............. 0 •r - .r t• .,..a>:_��.,,.�.. r..,... ••... ........ ••.1... ...• ...••........• ................ ..............• .............. L16 0 -I •. ................ ................ ..........',.1.. ............111 .......llililll-+ ............... 1`115i Lam, xy ........... .1'• r .......... grt j.... (2) ................. ..........+,1...{...........:::. .•!............ ...,............ •.,`.�::1:..�...; ..........,.... � ................ a...r........ ..... I...I L1...1............... ......,........e. ............. ..........r..r .............. .,pq - i �..?•1' �� fl it i .I'^�>°•.. 13 0 C-ir ........... . ................. ........... . ............... . ........ . .......{ti'_'y ^'^ ............. '4'.•.......:a::a'u .............. alj�.,.....:a':'ti:•a•. ENDING (1) 1,674 seating capacity (2) 1,507 practical capacity @ 90% scheduling efficiency (85% scheduling efficiency is more realistic than 90% at the high school level) (3) 1,423 practical capacity @ 85% scheduling efficiency The top line on the graph represents the "high .range" projections. The middle line on the graph• represents the "best estimate range" projections. The bottom line on the graph represents the "low range" projection. EXHIBIT 8 PRINCIPAL - INTEREST Principal Percentage and Principal of Interest Outstanding Principal Paid Year $1,693,765 $10,780,000 31.94% 1984-85 1,657,018 9,635,000 39.17% 1985-86 1,954,908 8,140,000 48.61% 1986-87 2,066,013 6,465,000 59.19% 1987-88 1,647,888 5,130,000 67.61% 1988-89 1,759,860 3,620,000 77.15% 1989-90 1,742,270 2,055,000 87.03% 1990-91 1,765,585 390,000 97.54% 1991-92 348,150 60,000 99.62% 1992-93 32,100 30,000 99.81% 1993-94 31,050 0 100.00% 1994-95 EXHIBIT 9 PROJECTED MILL LEVY REQUIRED FOR RETIREMENT OF EXISTING DEBT IN EDEN PRAIRIE SCHOOL DISTRICT YEAR TAXABLE VALUATION DEBT PAYMENT MILL LEVY 1979 $108,634,297 $1, 137,253 11.484 1980 141,978,916 1,248,933 8.460 1981 180,172,846 1,364,963 7.586 1982 208,301,609 1,469,888 3. 521 1983 225,669,676 1,593,128 6.900 1984 250,234,066 1,693,765 5.035 1985 275,000,000 Est. 1,657,018 5.000 Est. 1986 300,000,000 Est. 1,954,908 5.000 Est. 1987 325,000,000 Est. 2,066,013 5.000 Est. 1988 350,000,000 Est. 1,647,888 4.000 Est. 1989 375,000,000 Est. 1,759,860 4.000 Est. 1990 400,000,000 Est. 1,742,270 3.500 Est. April 1985 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY' Public 1 City 2 Downtown 3 Planning 4 GOOD FRIDAY 5 6 Utilities Council 7:30 a.m. Commission 4:30 p.m. 7:00 p.m. 7:30 p.m. City Hall Closed 7 8 City Hall 9 Police 10 11 12 13 Siting 6:30 p.m. 4:00 p.m. EASTER City Council/ ICC Planning Comm. 5:00 p.m. 8:00 p.m. 14 Community 15 City 16 Downtown 17 Energy & 18 19 20 Services Council 7:30 a.m. Transportation 7:30 p.m. 7:00 p.m. 7:30 p.m. Fire Dept. 8:00 p.m. 21 Cable 22 23 24 25 26 27 Advisory 7:30 p.m. 28 29 � TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Group Health Insurance ( Informational ) DATE: March 28" 1985 There was an all employee meeting held on February 7, 1985 to discuss the changes made in our health insurance coverage by the company. The biggest change was increasing the out of pocket maximum for the employee from $1, 000 to $1, 500. Many employees did not like this change. Additionally, although the majority of all employees voted last year to change to the $200 deductible plan we are now under, a large majority of the police dept. did not want to change last year and have been rather upset since then. A second employee meeting was held on March 18, 1985 for further discussion and updating the cost information for- switching orswitching back to the $100 deductible plan. Under the $200 plan, the City contribution currently covers the premium ($193. 85) while for the $100 plan the employee will pay $11 . 93 per month out of a cost for family coverage of $216. 93. A vote was taken of the employees with the result being 32 to 11 in favor of changing back to the $100 deductible plan. The City has already established a contribution cap of $205 for 1985 for the non-union employees. The City notified Bankers of the switch back to the $100 plan on 3/28/85 and Bankers backed dated the change to 3/15/85 which the anniversary date of the policy. Delaying the change into April would have made some employees subject to the higher co-payment limit for a couple of weeks and cost them more money and also involve more work in keeping accounts straight and in determining payroll deductions. Council did not take action when the switch was made last year from the $100 to the $200 plan so it is presumed that action is not required to switch back. Council members should please call if there are questions. Z5 MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern RE: Amendment to Cable Franchise Ordinance and Proposed Rate Increase (Informational) DATE: March 28 , 1985 Introduction & Background Zylstra-United has formally applied for an amendment to the cable franchise ordinance. Approval -of the proposed amendment would allow the- Cable Company to request subscriber rate increases prior to the scheduled date of relief (December 29 , 1985 ) . The Cable Company has also formally requested a rate increase at this time. On March 25 , 1985 the Shakopee Cable Communications Advisory Commission moved to recommend to City Council that the cable rate freeze be extended until December 29 , 1986 . This action would require an amendment to the cable franchise ordinance . According to new federal legislation, after December 29 , 1986 municipalities will have no authority to regulate cable rates . The Commission also moved to recommend to City Council that Zylstra-United ' s request for a rate increase be approved. These two issues (.rate increase and cable amendment) will be presented to the City Council for action on April 16 , 1985 . A separate public hearing will also be held at that time in regard to each issue. If you should have any questions prior to the April 16th meeting please feel free to call me at 445-3650. BAS/jms Ic- 25°7a ZJ/a 25 'PIC Sfec,a 75'% �o �o CL, �-y Tex e-ley V sem.r Fe e Pi L-7 RN'AT 3 2001" mac-1, fax Levy SPeG,'u 13Qh��;t Z D 0o O Ula T = � L)5�r I=tee � LTF— RNATF_ � /� L I F_ � IV'ATc 2 5°7a speGct Spec-"Q T Z F 500 25ct0 / V ser (,5er 1-ee I=re ops of t 1 to 1% A¢ 23,417, 21,?% t Rgst�i�A� I�t�usTR���U, 48�8°le , C,N,M'�u'`"� •t �PTt oN 2 pacro�ciAc. 2370 25� lAbOSTk,AL �s�DFj311A1. Cot�µ�R�•� OPTIOK :3 mom. Uxtboarao Z9.6°�e 17.6 e c1p0LVCW� 36.6'le � u,gsbe-AL z TENTATIVE AGENDA REGULAR SESSION SHAKOPEE , MINNESOTA APRIL 2, 1985 Mayor Reinke presiding 1] Roll Call at 7 :00 P .M. 2] Recess for H.R.A. Meeting 31 Reconvene 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) +7] Approval of the Minutes of March 5, 19 , and 20 , 1985 81 Communications: a] League of Mn. Cities re : Time-Distance Requirements in the Metro Area b] City of Hutchinson re: Need for Industrial R venue Bond Financing 91 PUJr1i' Heari%': y 7:00 P.M. Public Hearing on Application for $2,000,000 IR Bonds from Bemidji Super 8 Partnership (bring item 12a from 3/5 agenda) 10] Boards and Commissions : Cable Communications Admisory Commission: a] Character Generator Variance 111 Reports-from Staff: a] 1985 Towing Contract b] Approving Specifications for two park tractors for the Park Dep ' t. c] Appointment to Planning Commission d] 8 :00 P.M. - Application for On-Sale 3 . 2 Beer License by Pizza 'n' Pasta e] Richard' s Pub Violations f] Industrial Revenue Bond Evaluation Criteria. g] Hiring Accounting Clerk h] Hiring Clerk-Typist -II for Police Department - memo on table -+i]. Library Handicap Compliance *j ] Extension of Preliminary Plat Approval of Fox Run 1st Add' n. k] Interfund Transfers 11 Approve bills in amount of $39 , 561 . 88 m] Shakopee Community Services Request for Increased Budget Allotment n] Proposed O 'Dowd Lake Speed Limits o] Application for 10 Cents Admission Tax for the Racetrack TENTATIVE AGENDA April 2, 1985 Page -2- 111 Reports from Staff continued: t p] Emergency Call System for Senior Citizens Highrise q] -Selection- of Engineering Consultant r] Prior Lake Overflow - Discussion �r _4 s] Authorizing Final Application for Parcel Numb s 3-7 for Trunk Highway 101 Bypass Acquisition t] Abating Assessment for 1976-1 Deans Lake Drainage - Res. 2391 u] Holmes Street Basin Laterals - cont-inue discussion 121 Resolutions and Ordinances: + a] Res. No. 2390, Approving Specs and Ordering Ad for Bids for 1985--Curb , Gutter, Sidewalk, and Driveway Approach Replacement Program 1985-3 t b] Ord. No. 164, Amending the Cable Franchise Ordinance 131 Other Business: a] Mayor' s Proclamation b] U-) 61t 5�i c] d F 14] Adjourn to Tuesday,` April�1985 at 7 :00 P.M. (Reminder: Planning Commission is meeting April 9th at 8:00 P.M. and members of the Council will also be present informally for purposes of discussion. ) John K. Anderson City Administrator TENTATIVE AGENDA Housing Authority in and for the City of Shakopee, Minnesota Regular Session April 2 , 1985 Chairperson Vierling presiding 1. Roll Call at 7: 00 P.M. 2. Approval of minutes of March 5th, 1985. 3 . Consider participation in Rental Rehabilitation Grant Program. 4. Other Business 5. Adjourn to April 16 , 1985 at 7 : 00 P.M. Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA MARCH 5, 1985 Chairman Vierling called the meeting to order at 7:20 p.m. with Commissioners Colligan, Lebens, Leroux, and Wampach present. Also present were John K. Anderson, City Administrator; Judith S. Cox, City Clerk; Jeanne Andre, HRA Director; H.R. Spurrier, City Engineer; Julius A. Cotler, II, City Attorney; Rod Krass, Assistant City Attorney; and Mayor Reinke. Wampach/Colligan moved to accept the Special Meeting call. Motion carried unanimously. Leroux/Wampach moved to approve the minutes of January 8 and February 5, 1985, as kept. Motion carried unanimously. Colligan/Leroux offered Resolution No. 85-20, A RESOLUTION APPROVING A FIRST ADDENDUM TO THE SECOND AMENDED CONTRACT FOR PRIVATE DEVELOPMENT WITH MINNESOTA RACETRACK, INC. , and moved its adoption. Roll Call: Ayes - Colligan Leroux Vierling Wampach Nayes -Lebens Motion carried. Leroux/Colligan offered Resolution No. 85-211 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA, AUTHORIZING THE ISSUANCE OF $4,200,000 AGGREGATE PRINCIPAL AMOUNT TAX INCREMENT REVENUE BONDS (CANTERBURY DOWNS PROJECT) DATED AS OF MARCH 1 , 1985, AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS, and moved its adoption. Roll Call: Ayes - Colligan Leroux Vierling Wampach Nayes - Lebens Motion carried. Leroux/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:23 p.m. Jeanne Andre Judy K. Hughes HRA Director Recording Secretary TO : Shakopee Housing and Redevelopment Authority FROM: Jeanne Andre, Executive Director RE : Rental Rehabilitation Grants DATE: March 29 , 1985 Introduction: The HRA previously agreed to participate in a rental rehab grant program available through the Minnesota Housing Finance Agency . The program has been continued , with some revisions , and the HRA must determine if it would like to continue its participation . Background : Under this grant eligible building receive up to 50% of their construction costs for projects of up to $10 ,000 per unit in improvements . In the first phase of the program some of the main criteria for eligibility included 1) buildings in lower income neighborhoods ; 2) units rehabed should generally be 2 or more bedrooms in size ; and 3 ) only buildings with five or more units are eligible . The first two criteria will still be applied but MHFA is experimenting with a new alternative to deal with the criteria on building size. MHFA originally decided to apply the program only to larger buildings due to administrative constraints . In that program MHFA is in charge of all inspection functions and needs to be traveling to the site at numerous stages in the project . This degree of involvement could not reasonably occur for smaller projects. However some cities , including Shakopee , expressed the opinion that most of the older rental units in their jurisdiction are in smaller buildings. Responding to this need , MHFA decided to provide a new option in phase two of the program. They will continue the program as in phase one for larger structures (over five units ) but will allow smaller buildings to be eligible if the local unit of government will take on the inspection type functions. It appears that the revised program could reasonably be applied to Downtown structures. To determine whether the HRA could reasonably take on the program with the added responsibilities , staff have explored a number of options. 1) Have City building officials undertake the inspection functions . This option is not considered optional because the building department is very busy at this time . The officials are not familiar with HQS (Housing Quality Standards) and other components of government sponsored rehabilitation programs and it is probably not cost efficient for them to take the time to become familiar with these areas because there may be only Page two HRA Memo 3/29/85 one to five possible grant applications. 2) Contract with Scott County HRA to perform these functions . This has been discussed with Don Levens , the new Executive Director of that agency. He has expressed a willingness , at the staff level , to work with Shakopee on this project . If the Shakopee HRA wants to pursue this option , he will request approval from the Scott County HRA Commissioners . Alternatives : The options available to the HRA include the following : 1) Not participate in the program. 2) Participate at the same level as in phase one . That is , apply the program only to larger ( five units or more) buildings with the state maintaining the inspection functions . 3) Participate in tr,e program with local inspection of smaller buildings with this function provided by the city building officials. 4) Participate in tr.e program with local inspection of smaller buildings with this function provided by the Scott County HRA. I recommend proceeding with the program with alternative four. I think there are sone downtown residential units which would be suitable for participation which contain five or less units . Administration of the program involves the following tasks : 1) Marketing 2) Determination of neighborhood eligibility 3) Property inspection to determine scope of project 4) Receipt and review of applications a) review energy audit b) review bids, look for minority contractors c ) review matching funds 5 ) Selection of propo:;als to submit to MHFA Page three HRA 3/29/85 6) Execution of legal documents 7) Construction monitoring 8) Final inspection a) compliance with energy standards b) compliance with housing quality standards (HQS) The County HRA staff have determined that they could undertake tasks 3 , 4b , 7 and 8b. They estimate an average project (building ) would require 40 hours of labor and indicate that their recommended hourly fee ( includes direct and indirect costs) would be $20 . Mr . Levens indicated a willingness to establish a ceiling of $900 per building for their fees . The Shakopee HRA would still need to perform tasks 1 , 21 4a , 4c , 5 , 6 and 8a . Tasks 1 and 2 must be performed by the City even under alternative 2 where MHFA is doing the inspection work. It is estimated that the City portion of the tasks would consume approximately 20 hours per building at an estimated cost of $250 ( direct costs only) . The MHFA program does not provide any funds for local admin- istration. Therefore administrative functions must be paid for locally , but can be recovered through application fees . The HRA general fund is able to cover participation , but the Commissioners may wish to have an administrative fee to cover at least some of the costs. A fee covering all of the administrative costs would be approximately $1200. Due to the smaller projects anticipated for smaller buildings this large a fee may be prohib- itive . As a middle ground the HRA may wish to establish a set lower fee with an additional percentage charge for larger projects. An example would be a $200 set fee plus 3% of all projects exceeding $6500 . Because this approach would probably mean some sort of subsidy, the HRA may wish to limit the smaller , locally administered projects to an identified redevelopment area such as downtown , and then perhaps only to commercial buildings. If the HRA wishes to proceed on a cooperative basis with the County HRA and to charge some sort of application fee , the HRA needs to_ .direct staff to negotiate _these issues- MHFA--:has--a--very -_short lead --=----- - time---in--implementing-this project-- and--needs-t6- -gain agreement - to participate from--communities---wishin-g--to=participate-=right=— =— away. Therefore Shakopee would need to agree to participate in advance of negotiating the final details of local program administration. Page four HRA Memo 3/29/85 Request-ed Action 1) Direct staff to :inform the Minnesota Housing Finance Agency that Shakopee will participate in phase II of its rental rehabilitation grant program. 2) Request the Scott County HRA to provide administrative services for thi: program as discussed at the staff level . 3) Direct staff to Establish appropriate fees and local administrative guidelines as appropriate. -41L/a TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE: Satisfaction of Mortgage for Lot 1, Block 3 , Macey Second Addition DATE: April 2 , 1985 Introduction• In the Fourth and Minnesota Neighborhood Revitalization Project the HRA provided lots to lower-income families conditioned on those families continuing to reside in the homes purchased for at least five years. Owners who sold their home in less than five years were required to repay a prorated portion of the lot value as estab- lished at the time they purchased their home. The first sale in this project has occurred, so that the repayment amount must be established, and upon payment , a satisfaction of mortgage be provided for the closing. Background- The origninal promissory note provided for a 20o credit for each year of residency and an interest rate of 8% per annum on the unpaid balance. The note also provided that the repayment would only be required to the extent that the net gain on sale of the property, less original cost, improvements and costs of acquisition and sale, is at least equal to the established repayment amount. (See attached copy of the promissory note ) . Although the promissory note outlines the terms , application of those terms is still subject to interpretation. Therefore I would like direction from the HRA Commissioners in establishing the required repayment for this case. Once the first case is handled I presume it would provide president for any subsequent cases that come up. The facts are as follows : 1) The promissory note was executed June 30 , 1981; 2 ) The original value of the land was established at $7 , 500 ; 3 ) The proposed closing for the new sale is April 26 , 1985 ; 4 ) The owner will have owned the lot 3 complete years and 9 additional months as of March 31 , 1985 , the last complete month before the closing ( 45 months total ) . The issues before the HRA are as follows : 1 ) The promissory note clearly states that the 20o credit is to be provided at the end of each year of residence , requiring full years of residence to secure the credit. In this case this stipulation will be expensive for the owner because they are only three months short of the fourth complete year. The realtor representing the owner has therefore requested that the credit be provided for each completed month of residence. 2 ) The promissory note establishes an 8% per annum interest charge , but this rate could be applied for only the three completed years or the full 45 months since closing. The interest could also be calculated on the basis o:: simple or compounded values and com- pounding could occur on an annual or monthly basis. The attached chart shows the dollar valise of various of these options. Gregg Voxland has stated that for developers agreements he has been advised by the City Attorney not to compound interest (because the agreement is silent on the issue of simple or compound interest ) and he charges interest for each day the amount is outstanding. There is no option exactly like this , but the closest is for 45 months with simple application of the interest rate. I do not have complete information on all of the acquisition and sales costs or of the capital improvements the owner has made to the property so I cannot provide the exact capital gain figures . In general it appears that the gain would be adequate to cover what- ever the HRA establishes for the repayment because the owner purchased the house for approximately $ 39 , 000 and is selling it for $59 , 000 . However the HRA should remair. open to petition by the owner to find that the capital gain does nct cover the established repayment. The HRA can make a determination on this issue at its April 2nd meeting or defer a decision until the proposed April 16th meeting. Requested Action: Upon satisfaction of $ owed for Lot 1, Block 3 , Macey Second Addition, authorize appropriate HRA officials to execute and deliver Satisfaction of Its Mortgage to Elizabeth Meyer (Rosentreter ) for said property. Attachment tw April 2 , 1985 Options for Repayment of Promissory Note for Payment Upon Resale by Homeowner Fourth and Minnesota Neighborhood Revitalization Project 8% Interest b b � 0 0 � °; o v o 04 a v n� F- E-ii -11 o � 0 --1 o 'A U) U � a v cn U (d +J 4J 4J U . r. bb b rd .O U U pq rt M Option 1 Full Year Credit Only $7500 3 yrs $4500 $3000 $ 720 $779 $900 $1046 Option 2 Monthly Credit $7500 45 mo $5625 $1875 $450 $487 $562 $ 653 PROMISSORY NOTE FOR PAYMENT UPON RESALE BY HOMEOWNER FOR VALUE RECEIVED, Elizabeth A. Meyer (Homeowner) promises to pay to the Housing and Redevelopment Authority in and for the City of Shakopee (Authority) Seven Thousand Five or order, the principal sum of Hundred and no/100-----------Dollars ($ 7500.00), on the date of resale by the Homeowner of the property located at 406 Minnesota Street, and described as Lot 1 Block 3 , Macey Second Addition, Shakopee, Scott County, Minnesota. Such principal sum shall be reduced automatically by twenty percent (20%) of the initial amount at the end of each year of such residency, as a Homeowner, and this note shall terminate at the end of five (5) years of such residency, as determined by the Authority; provided, however, that the amount payable under this note shall in no event be more than the net profit on the resale, that is, the amount by which the resale price exceeds the sum of (1) the Home- owner's purchase price, (2) the costs incidental to his acquisition of ownership, (3) the costs of the resale, including commissions and mortgage prepayment penalties, if any, and (4) the increase in value of the Home, determined by appraisal, due to improvements paid for by the Homeowner. Any amount Homeowner is required to pay Authority under the terms of this note shall bear interest at the_ rate of eight percent (8%) per annum from the date hereof. the Homeowner shall pay this note at the time and in the i man iier_set forth above, or if, by its provisions, the amount of this note shall be zero (0) , then the note shall terminate and the Authority shall, within thirty (30) days after written demand therefor by the Homeowner, execute a release and satisfaction of this note. The Homeowner hereby waives the benefits of all statutes or laws which require the earlier execution or delivery of such release and satisfaction by the Authority. Presentment, protest and notice are hereby waived. Dated: y"-+ 3v 1 9-L,i U By: The Housing and Redevelopment Authority in and for the City of Shakopee Richard S. Hb lander, Chairman D&lores M. Lebens, Secretary State of Minnesota ss. County of &L ) On this alb, day. of 19 .61 before me, a notary public within and for said County personally appeared Richard S. Hullander and Delores M. Lebens to me personally known, who, being each by me duly sworn did say that they are respectively the Chairman and the Secretary of the Housing and Redevelopment Authority in and for the City of Shakopee, the corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its members and said Richard S. Hullander and Delores M. Lebens acknowledged said instrument to be the free act and deed of said Housing and Redevelop— ment Authority. iP✓vn a. ad-v, =A- EPubesola By: 1 'If 4j Home ner Homeowner Subscribed and sworn to before me this 3G day of qL 19 8f JEANNE A ANDRE Notary Public Mennepnepin County My Comm.Exp.61687 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 5, 1985 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Colligan, Lebens, Leroux, Vierling, and Wampach present. Also present were John K. Anderson, City Administrator; Judith S. Cox, City Clerk; Jeanne Andre, Community Development Director; H. R. Spurrier, City Engineer; Julius A. Coller, II, City Attorney; and Rod Krass, Assistant City Attorney. The City Administrator introduced Resolution No. 2374, A Resolution Approving First Addendum to the Second Amended Contract for Private Development with Mn. Racetrack, Inc. Mr. Wood Kidner of O'Connor & Hannan explained that this is relating to issuance of the on-site tax increment revenue bonds and amendment of the Development Contract to increase the HRA's purchase price of the Develop- ment Property. Mr. Jim Casserly of Miller and Schroder distributed handouts on Tax Increment Cashflow Projections and the Loan Repayment schedule. He noted that the first loan payment will not be due until 1987. Mr. Rod Krass, Assistant City Attorney, indicated that he had reviewed the docu- ments and approved them. General discussion on the handouts followed. Colligan/Leroux offered Resolution No. 2374, A Resolution Approving First Addendum to the Second Amended Contract for Private Development with Mn. Racetrack, Inc. , and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Colligan, Leroux, Reinke, Vierling, Wampach Noes; Lebens Motion carried. Leroux/Colligan moved to recess for an HRA meeting. Motion carried unanimously. Colligan/Vierling moved to reconvene at 7:23 p.m. Motion carried unanimously. A liaison report was given by Cncl. Leroux. Mayor Reinke asked if anyone present wished to address the Council on any item not on the agenda, and there was no response. Vierling/Wampach moved to approve the minutes of February 19, 1985, as kept. Motion carried with Councilman Leroux abstaining, because of absence from meeting. The City Administrator reviewed a letter from Mr. James J. Bellus, Director of the Department of Planning and Economic Development for the City of St. Paul. Mr. Bellus writes that the Reagan Administration is attempting in its budget cutting process to eliminate the following programs: General Revenue Sharing, Economic Development Administration, Urban Development Action Grants, all new Sewer Grants, Small Business Administration loans and grants, all subsidized housing programs, Legal Services, Job Corps, and the Community Development Block Grant program. Mr. Bellus urged the City to communicate with our Congressional delegation detailing the specific projects that would not have happened without the programs mentioned. The City Administrator noted that correspondence has been sent. Shakopee City Council March 5, 1985 Page 2 Vierling/Leroux moved to receive and place on file the letter from Mr. Bellus. Motion carried unanimously. Vierling/Wampach moved to receive and place on file the letter from Mr. Robert F. Vierling dated February 19, 1985, regarding the improper installation of tarred alley in Block 50. Motion carried unanimously. Leroux/Vierling moved to receive and place on file the letter from Mr. Robert F. Vierling dated February 19, 1985, regarding his demand for removal and com- plete dismissal of Julius Coller, Shakopee City Attorney, for malfeasance of Office. Motion carried unanimously. The City Admr. summarized correspondence from Mr. Gary L. Laurent of Laurent Builders, Inc. regarding the City's requirement last summer that Laurent Builders increase the front yard setback of a dwelling from that approved by an issued building permit. Mr. Laurent was present to explain the situation to the Council. Because Laurent Builders incurred additional expenses in moving foundation foot- ing forms, they have billed the City for reimbursement of the costs. General discussion on the setbacks in that area followed. Mr. Rod Krass, Assistant City Attorney, offered his legal opinion that the City is not obligated to reimburse the builder based on the Minnesota Supreme Court decision Anderson vs. City of Minneapolis. Staff admitted that an error had been made on the part of the City in this case. Cncl. Colligan stated that because the City was at fault and the setbacks in the area are not consistent, Mr. Laurent should be reimbursed. Cncl. Vierling noted that the City did suggest to Mr. Laurent that he could request a variance from the City. Leroux/Colligan moved that the City reimburse Laurent Builders in the amount of $1,350.00 for damages caused by inconsistent application of setbacks. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to accept a letter of regisnation from Beverly J. Koehnen with regrets and directed staff to prepare a resolution of appreciation for her work on the Shakopee Planning Commission. Motion carried unanimously. Mr. Rod Krass, Assistant City Attorney, noted that the City has received an application for $2,000,000 Dommercial Development Revenue Bonds from Bemidji Super 8 for a 100 unit motel to be located at the NE corner of County Road 17 and County Road 16. The applicants ask that Council seta public hearing date and adopt a redolution giving conditional approval of the project. How- ever, the resolution specifically states that it does not obligate the City to take any additional action with respect to the project, to approve the project financing, -or to give the project a portion of its state allocation. The applicants are hoping that the Resolution would be effective to grandfather the project_ should--any-adverse _federal- legislation--to--i-ntroduced -prior-to-the_----- ------ public hearing. Mr. Krass recommended that a public hearing date be set, but that conditional approval not- be-given-at--this-timer-- A general discussion- -- followed as to how the City should allocate its Commercial Development Revenue — - Bonds. The City Administrator noted that Shakopee's 1985 Industrial Development Bond entitlement allocation is $2,598,015. Leroux/Vierling offered Resolution No. 2376, A Resolution Calling A Public Hearing on a ProposaltoUndertake ad Finance an Industrial Development Project-- --- -------- ___Z._____ (Bemidji Super-8 Partnership-1 summaried the resolution. -an d_moved its, adoption.___The_City_Admr Roll Call: Ayes.; Unanimous Noes; None Motion carried. Shakopee City Council March 5, 1985 Page 3 Lebens/Vierling moved to amend that portion of Section 2.151 of the Shakopee Community Access Corporation By-Laws which currently reads, "The membership shall meet annually on the third Wednesday in February" to read, "The membership shall meet annually in the month of February" as proposed by the Shakopee Community Access Corporation Board of Directors and as recommended by the Shakopee Cable Communications Advisory Commission. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Clerk advised that the City has been notified that the National MS Society, Minnesota North Star Chapter, has applied for a gambling license from the Minnesota Charitable Gambling Control Board. Should Council decide to disallow such activity, a resolution must be adopted and forwarded to the Minnesota Charitable Gambling Control Board prior to March 22, 1985. Discussion followed. Leroux/Wampach moved to direct staff to prepare an ordinance establishing a 90 day moratorium on the expansion of gambling licenses within the City of Shakopee to nonprofit organizations to be presented at the March 19, 1985, meeting. Mr. Al Schmidt, Gambling Chairman of the American Legion, cited the many ways their money earned from gambling has been used to benefit the community. He asked that gambling licenses be limited to local nonprofit organizations whose proceeds are being used in Shakopee. Mr. Don Mosher, VFW representative, echoed the comments of Mr. Schmidt. Motion carried unanimosly. Leroux/Lebens offered Resolution No. 2379, A Resolution of Appreciation to Sherri Anton, and moved its adoption. The City Admr. summaried the resolution. Motion carried unanimously. Leroux/Vierling moved to accept the resolution of Sherri Anton effective March 8, 1985, and authorize the department to fill the vacant position. Motion carried unanimously. Wampach/Lebens moved to authorize the appropriate City officials to advertise for one Public Works Parkkeeper position utilizing the present Public Works Parkkeeper union pay schedule. Motion carried unanimously. Colligan/Wampach moved to accept the resignation of Ms. Rosckes and authorize the filling of the Accounting Clerk position. Motion carried unanimously. Leroux/Vierling moved to accept the Council worksession Goals and-Objectives for 1985 as presented and dated approved for March 5, 1985. Motion carried unanimously-- Leroux/Lebens offered Ordinance No. 160, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 5 Entitled "Liquor, Beer and Wince Licensing and Regulations" by Repealing Subdivision 3 of Section 5.02 entitled "Applications and Licenses - Procedure and Administration" and in Lieu Thereof Adopting a New Subdivision 3 Entitled "Application, Investigation and Fees, Certificates of Occupancy and of Compliance". and Adopting by-- - _-- ---Reference-Shakopee- fit Code-Ch --- - - y-. , agter--1-and--Section--5:-99-Which-Among--f7ther --- Things Contains Penalty Provisions, and moved its adoption. The City summaried the Ordinance. Shakopee City Council March 5, 1985 Page 4 Discussion followed as to how much time should be allowed to bring buildings up to code prior to renewal of license. Motion carried unanimously. Vierling/Colligan moved that the bills in the amount of $198,954.47 be allowed and order paid. Roll Call: Ayes; Unanimous Noes; None Motion carried Lebens/Vierling moved to authorize the proper City officials to enter into a farm lease with Mr. John Weidt for the "Bypass land" on the west side of the City for the amount of $1,200.00 for 1985 - Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to authorize appropriate City officials to execute an agreement with Barton Aschman to provide consulting services for the conceptual geometric design of the Trunk Highway 169/101 junction/bridge improvements at a cost not to exceed $8,000.00. Cncl. Lebens felt that hiring a consultant should be tabled pending federal confirmation of project eligibility, which should be the end of March and also for response to the Small Cities Block Grant application, which should be the end of May. Cncl. Leroux felt that hiring a consultant to provide analysis concerning final geometrics and identification of future responsibilities of the City as well as MnDot must be done to keep the ball rolling. Cncl. Wampach agreed with Cncl. Lebens and felt the need to wait until downtown people decide what they want. The City Admr. explained the actions of the staff based on meetings with the Downtown Committee. Cncl. Leroux called the question, but Mayor Reinke would not accept the call without further discussion. Cncl. Colligan pointed out that City staff are not experts in traffic flow, etc. to design the junction/bridge improvements. Mayor Reinke felt waiting for City Council selection of a consulting engineer would give the Council and MnDOT more latitude to work together for the best program. Mayor Reinke felt that tabling the hiring of a consultant for a few weeks until project eligibility is confirmed would not significantly impede its progress. The Community Development Director noted that the Downtown Committee felt time was of the essence. Cncl. Vierling stated that the Downtown Committee is- taking-the lead on--this project, and she felt that Council -had given their-committment to--keep--the - -- project going. Therefore, she felt the Council should honor the recommendation _._.-of--the- Downtowrr_-Committee:-'-" Shakopee City Council March 5, 1985 Page 5 Cncl. Lebens called the question. Roll Call: Ayes; Colligan, Leroux, Vierling Noes; Lebens, Reinke, Wampach Motion failed. Discussion followed as to the direction of the Downtown Committee and staff should pursue on the basis of the failed motion. Colligan/Leroux moved to adjourn for a five minute recess at 10:02 p.m. Motion carried unanimously. Leroux/Colligan moved to reconvene at 10:09 p.m. Motion carried unanimously. Lebens/Vierling moved to authorize staff to purchase a 1982 Ford Fairmont, 4-door, sedan for $3,025.00 from General Casualty Insurance. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling moved to schedule a formal hearing on April 2, 1985, at 9:00 p.m. to consider the alleged violations of Richard'd Pub, 911 East First Avenue, on November 21, 1984 and February 14, 1985. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Leroux moved to nominate Mr. Peter L. Sames to the Downtown Committee. Motion carried unanimously. Lebens/Vierling moved to suspend the rules. Motion carried unanimously. Colligan/Vierling moved to appoint Mr. Peter L. Sames to serve on the Ad Hoc Downtown Committee. Motion carried unanimously. The Shakopee Cable Communications Advisory Commission currently has open a three year term expiring January 31, 1988. On February 19, 1985, Council nominated Mr. Robert Vierling and Mr. Larry Moonen for the position. Each Councilperson was given a voting ballot. The City Clerk tallied the ballots as follows: Moonen: Colligan, Leroux, Reinke, Vierling, Wampach Vierling: Lebens Leroux/Colligan moved to cast a unanimous ballot appointing Mr, Larry Moonen to the Shakopee Cable Communications Advisory Commission for a three year term expiring January 31, 1988. Motion carried unanimously. The Planning Commission has open a one year term expiring February 1, 1986, dur to the resignation of Beverly J. Koehnen. Nominations to fill the position followed. Leroux/Wampach nominated Mr. David Pomerenke to fill the vacancy on the Planning Commission. Wampach/Vierling nominated Mr. George Realander to fill the vacancy on the Planning Commission. Lebens/Vierling nominated Mr-.----James—Link--.to -fill-the-vacancy-_on-the�lanning—""-_--- - .. Commission. Shakopee City Council March 5, 1985 Page 6 Leroux/Vierling moved to close nominations. Motion carried unanimously. Staff will contact the nominees to see if they are still interested in filling the position. The City Engineer reviewed storm sewer construction credits and proposed a new credit system in regard to the Holmes Street Basin Laterals Storm Sewer Assess- ment Policy. Council agreed to continue this item to the March 19, 1985, meeting and also keep March 20, 1985, open to resolve the matter if need be. Lebens/Vierling offered Resolution No. 2375, A Resolution Providing for the Recognition of Many, and moved its adoption. Roll Call: Ayes; Unanimous- Noes; None -Motion carried. Leroux/Colligan offered Resolution No. 2380, A Resolution Authorizing a Loan Application and Purchase of Property in Accordance with Minnesota Statutes Chapter 473, and moved its adoption. (Parcel No. 7, 14 acres from Watson Investments, Inc. ) Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to authorize proper City officials to execute and submit a loan application for the purchase of property (Parcel No. 7, 14 acres from Watson Investments, Inc. ) in the Trunk Highway 101 Bypass Right-of-Way. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Colligan offered Resolution No. 2382, A Resolution Establishing Municipal State Aid Highways (13th Avenue between Hwy. 169 and CSAH 15), and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Lebens moved to direct proper City officials to transmit the necessary documents to the Commissioner of Highways. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling offered Resolution No. 2383, A Resolution Providing for the Destruction of Bonds and Coupons, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling offered Resolution No. 2378, A Resolution Confirming the City of Shakopee Commitment of Funds for the Proposed T.H. 101/169 Junction Improve- ments as Part of its 1985 Small Cities Development Grant for Downtown Revitaliza- tion, and moved its adoption. Roll Call: Ayes; Colligan, Leroux, Reinke, Vierling, Wampach Noes; Lebens Motion carried— Mr. Mr. John Jackson, Executive Director of the Cannon Valley Girl Scout Council, has notified the City that they will accept the offer of $500 to relinquish any and all interest or claim to Lots 3 and 4, Block 52, City of Shakopee. Leroux/Wampach authorized the issuance of a check in the amount of $500.00 to be delivered to the Cannon Valley Girl Scouts. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council March 5, 1985 Page 7 Colligan/Wampach moved to support the City of Edina in their nomination of C. Wayne Courtney, Mayor of Edina, for the C.C. Ludwig Award. Motion carried unanimously. Lebens/Vierling moved to authorize staff to purchase a 1982 Buick Regal, 4-door sedan for $3,525.00 from Dark & Kraft Financial Corporation. Roll Call: Aves; Unanimous Noes; None Motion carried. Colligan/Leroux moved to adjourn to March 19, 1985, at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 10:56 p.m. Judith S. Cox Judy K. Hughes City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA MARCH 19, 1985 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Vierling, Wampach, Lebens, Leroux and Colligan present. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; Judith Simac, City Planner; H. R. Spurrier, City Engineer and Julius A. Coller, II, City Attorney. Liaison reports were given by Councilpersons. Discussion ensued regarding the role of a liaison to a committee. Consensus was to direct staff to schedule a discussion topic regarding the role of a liaison in the future. 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. Leroux/Vierling moved for City Council support of the re-nomination of Mayor Reinke to the AMM Board of Directors. Motion carried unanimously. Leroux/Lebens moved to place on file the letter from Valleyfair dated March 18, 1985 regarding a waterslide. Motion carried unanimously. The City Planner gave the background regarding the appeal by Les Koehnen from the decision of the Board of Adjustment and Appeals regarding a storage area for impounded vehicles. She explained it was her decision, upheld by the Board of Adjustment and Appeals, that the intended use of this property for the storage of impounded vehicles would be an intensification of use which is expressly prohibited by a non-conforming use. Mr. Koehnen stated the fenced in area was originally put in for the storage of cars, and when he bought the property he was not aware that it had been rezoned and was a non-conforming use. He said it was originally used for a towing service, and he doesn't think he would be intensifying its use. The contract with the City for the impounding of vehicles requires space for 10-15 cars, and this storage area probably holds 35 cars. He wouldn't object to a limitation of 15 cars. The City Planner added that in the last 112 years there was rarely even one car in the fenced in area, and behind the building were 2-3 cars along with auto parts. At the present time it is not used as a towing business. Mr. Koehnen added that he plans to clean up the area and keep it neat; it wouldn't be a junkyard. Mayor Reinke asked if there were any comments from the audience, and there was no reply. Mr. Koehnen confirmed the existence of an 8 foot high chain link fence. He said the impounded cars are usually moved out within a few days because the insurance companies don't like to pay the storage fee. He explained he would only have to drive by one apartment building on Prairie Street, as it is vacant to the west and south. Shakopee City Council March 19, 1985 Page 2 The City Clerk pointed out that although Mr. Koehnen was the low bidder on the contract for City towing services, the awarding has been withheld pend- ing the outcome of the zoning matter. The bid will be awarded by City Council action. Wampach/Lebens moved to allow the appellant, Les Koehnen, to use the storage area at 981 Bluff Avenue, as a storage area for impounded vehicles. Leroux/Colligan moved to amend the motion to add that the fence be made opaque and suitable plantings be used to screen the fence. Discussion con- tinued. Motion to amend carried unanimously. Main motion as amended carried unanimously. The City Planner clarified that Outlot B of Della's lst Addition would meet the park dedication requirement. Leroux/Wampach moved to add to the conditions for approval of the Preliminary Plat of Della's 1st Addition No. 3.f. "No further park dedication fee shall be required. Motion carried unanimously. Discussion ensued regarding the responsibility for moving a water main in the right-of-way if the right-of-way is not for the benefit of the plat. The City Admr. stated it was the opinion of the Ass't City Attorney that this additional 17 feet dedication for right-of-way is not an appropriate requirement for this plat. The City Engineer said the request for the right-of-way came from the County Engineer. Mr. Clay stated he is not objecting to the dedica- tion of the 17 feet, he is just objecting to the method of getting it. Leroux/Wampach moved to delete condition No. 4 for the approval of the Pre- liminary Plat of Della's 1st Addition, which requires the dedication of an additional 17 feet of right-of-way along CR16. Motion carried unanimously. The City Planner added to Condition No. 5 "including no parking signs." Leroux/Lebens moved to approve the Preliminary Plat of Della's 1st Addition subject to the following conditions: 1. Approval of the Title Opinion by the City Attorney. 2. A variance is hereby granted from the requirement to provide twenty (20) feet of screening where Austin Circle abuts Lots 16, 17, Block 5, JEJ Addition for the reason that the variance shall not be detri- mental to the public safety, health or welfare or injurious to other property in the neighborhood. 3. Execution of a Developer's Agreement for the construction of the required improvements: a. Street lighting to be installed in accordance with the require- ments of the SPUC Utilities Manager. b. Water system to be installed in accordance with the requirements of the SPUC Utilities Manager. DuanUPee VlLy uo uncil March 19, 1985 Page 3 C. Sanitary sewer and storm water system to be installed in accordance with the requirements of the City Design Criteria and Standard Specifications. d. Streets and street signs shall be constructed in accordance with the requirements of the City Design Criteria and Standard Specifications. e. The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appeal the apportionment. f. Outlot B shall be dedicated park land for use as a walkway. No further park dedication fee shall be required. g. No building permit shall be issued for Outlot A until it is replatted. 4. The developer shall provide all street signs, including "No Parking" signs. 5. The developer shall provide a recordable -agreement stating that not more than one lot shall be developed for a twin home. 6. The City Engineer must receive and approve final plans and specifi- cations for all public facilities, including but not limited to, roads, sanitary sewer system, storm sewer, drainange, grading, etc. 7. Construction plans approved and filed with the City Engineer prior to recording the plat. 8. No parking allowed on either side of Austin Circle. 9. Retaining walls shall be used where necessary to maintain the slope of the lot in conformance with slope requirements as defined by ordinance. Motion carried unanimously. Mayor Reinke read and presented Resolution No. 2377, A Resolution of Appre- ciation to Beverly Koehnen, and thanked her for her years of service on the Planning Commission. The City Planner added to No. 12 of the requirements of Resolution No. 2389 "When Outlots A, B, C and D are replatted. . ." to clarify that requirement. The City Engineer further explained the requirement. Lebens/Vierling offered Resolution No. 2389, A Resolution Approving the Final Plat of South Parkview 1st Addition, and moved its adoption._ Motion carried unanimously. Leroux/Colligan offered Ordinance No. 162, An Ordinance of the City of Shakopee, Amending Shakopee City Code, Chapter 11, entitled "Land Use Regulations (Zoning) by Removing Certain Protected Areas from Section 11.21 and from Section 11.35 Subd. 2 as Setout in Ordinance No. 149 Fourth Series, and by Adopting by Reference Shakopee City Code, Chapter 1 and Sec. 11.99, Which Among Other Things Contain Penalty Provisions, and moved its adoption. The City Admr. summarized the ordinance. Motion carried unanimously. Colligan/Leroux offered Ordinance No. 163, An Ordinance- of the City of Shakopee, To Amend Section 11.21 (Zoning Map) of the City Code So That the Flood Plain District Delineating the Floodway and Flood Fringed District Conforms to the Flood Boundary and Floodway Map Prepared for the City of Shakopee, Minnesota, Scott County, March 1978, by the U.S. Department of Housing and Urban Devel- opment, Federal Insurance Administration and by Adopting by Reference Shakopee City Code Chpater 1, and Sec. 11.99, Which Among Other Things Contain Penalty Provisions, and moved its adoption. The City Admr. summarized the ordinance. . Shakopee City Council March 19, 1985 Page 4 Motion carried unanimously. Consensus was to agree to a joint discussion meeting with Planning Commission on April 9, 1985 at 8:00 p.m. regarding procedures for rezoning requests. Vierling/Leroux moved to not refund the penalty fee of $460.50 charged to Johnson-Reiland Construction. Motion carried unanimously. Vierling/Leroux moved to continue the appointment process and nominate James J. O'Brien for Planning Commission. Motion carried unanimously. Wampach/Vierling moved to direct staff to issue a purchase order to Peterson Door Company for the removal of the existing doors and installation of six 20 gauge steel overhead doors in the amount of $10,800.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to table the special assessment abatements and direct staff to prepare the proper form of a resolution for this action. Motion carried unanimously. Discussion ensued regarding construction work needed in Timber Trails and how the tax forfeit parcels would be affected by those assessments. Leroux/Wampach moved to authorize the proper City officials to execute the Certificate of County Board of Classification of Forfeited Lands as approved by the County Board on January 29, 1985. Motion carried with Cncl. Colligan opposed. Discussion ensued regarding potential ways to manage the use of the Indus- trial development bond entitlement. Colligan/Vierling moved to reaffirm Council's position to continue issuing industrial development bonds on a first-come, first-serve basis. The City Admr. clarified that there is some criteria that would have to be met before any bonds are issued. Roll Call: Ayes; Wampach, Colligan, Reinke Noes; Lebens, Vierling, Leroux Motion failed. Cncl. Leroux suggested some type of combination of alternatives which would set up some kind of screening criteria based on the type of development pro- posed or number of jobs created. Discussion followed. Leroux/Colligan moved to direct staff to come up with screening criteria for applicants of industrial development bonds based on some ratio of jobs created to IDB dollars requested, along with a minimum equity requirement and the type of development proposed. Motion carried unanimously. Wampach/Vierling moved to direct proper City officials to execute an easement deed with the Chicago & Northwestern Transportation Company for an 80 foot wide easement across the Railroad Company's real estate situated in the City of Shakopee and the City will draw a cashiers or certified check in the amount Shakopee City Council March 19, 1985 Page 5 of $12,000.00 in favor of the Chicago & Northwestern Transportation Company in consideration of the grant of the easement. (Crossing at Shenandoah Drive) Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved that the bills in the amount of $166,783.79 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach offered Resolution No. 2387, A Resolution of Appreciation to Terry Link, and moved its adoption. Motion carried unanimously. Leroux/Lebens moved to accept the resignation of Terry Link from the Down- town Ad Hoc Committee, with regrets. Motion carried unanimously. Colligan/Vierling offered Resolution No. 23851 A Resolution of Appreciation to Janet Williams, and moved its adoption. Motion carried unanimously. Leroux/Wampach offered Ordinance No. 161, An Ordinance of the City of Shako- pee, Minnesota Amending Shakopee City Code Chapter 6, entitled "Business Licenses" by adding a Moratorium Provision to Section 6 entitled "Gambling Device and Bingo Licenses" and moved its adoption. Motion carried unanimously. Vierling/Leroux offered Resolution No. 2388, A Resolution Praying for Dis- allowance of the Application of the National MS Society, Minnesota Northstar Chapter, for a Gambling License from the Minnesota Charitable Gambling Con- trol Board, and moved its adoption. Motion carried unanimously. Leroux/Vierling offered Resolution No. 2377, A Resolution of Appreciation to Beverly J. Koehnen, and moved its adoption. Motion carried unanimously. Vierling/Leroux offered Resolution No. 2384, A Resolution Ordering the Pre- paration of a Report on an Improvement Timber Trails Street Preservation, and moved its adoption. Roll Call: Ayes; Wampach, Lebens, Vierling, Leroux, Reinke Noes; Colligan Motion carried. Wampach/Leroux offered Resolution No. 2381, A Resolution Receiving a Report and Calling a Hearing on Improvement of Roadway Serving Lots of Record in Eaglewood lst, 2nd, and 3rd Additions and Certain Unplatted Property in Sec- tion 31 and Section 32, Township 115, Range 22, Scott County, Minnesota, and moved its adoption. The City Engineer further clarified some of the materials contained in the Feasibility Report regarding construction of a road and assessment possibilities, along with overlay vs. reconstruction. Discussion followed regarding where the City gets its portion of the cost and the possible use of a special levy when the current special levy goes off. The credentials of the consulting engineering firm were established. Roll Call: Ayes; Vierling, Leroux, Reinke, Wampach, Colligan Noes; Lebens Motion carried. Shakopee City Council March 19, 1985 Page 6 Vierling/Wampach offered Resolution No. 2386, A Resolution Rescinding Resolution No. 1643 As Amended and Adopting a Policy for the City of Shako- pee Concerning the Condemnation of Easement and Land Needed for the Instal- lation of Public Improvement, and moved its adoption. Motion carried unanimously. The City Admr. stated SPUC is in the process of designing new logos that would update the present logo. Cncl. Wampach explained they would have the same Shakopee Indian Chief head on them and add an electrical symbol. The City Admr. asked if there was any interest in designing a new logo. Consensus was to explore other possibilities. Consensus was also to have a Shakopee city sign at each entrance to the city, with or without a logo. The City Admr. informed Councilmembers that the lease is up on the old baseball diamond at Riverside Park, and he would be informing the State that the City is not interested in renewing the lease. He was instructed to ask for a first option before the property is sold or transferred to another agency, as it might be hard to get it back if needed for highway right-of-way. Consensus was to meet tomorrow evening to discuss the Storm Sewer Assess- ment Policy. Brief discussion followed regarding the policy. Vierling/Lebens moved to adjourn to March 20, 1985 at 8:00 p.m. Motion carried unanimously. Meeting adjourned at 10:15 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA MARCH 20, 1985 Mayor Reinke called the meeting to order at 8:00 p.m. with Cncl. Vierling, Wampach, Colligan, Leroux and Lebens present. Also present were John K. Anderson, City Admr. and H. R. Spurrier, City Engineer. The City Admr. explained that the special assessment abatements of the type in question do not require a resolution as requested at the last meeting, and therefore City .Council action can be taken tonight. Vierling/Leroux moved to abate the pay 1985 special assessments and remain- ing balances for parcels 27-001229-0 and 27-001456-0 because of prior payment. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. informed Councilmembers of the receipt of a Notice of Intent for Emergency Opening for the main outlet of the Prior Lake/Spring Lake Watershed District overflow. The City Engineer inspected it today and re- ports there are still uncompleted portions of original construction and un- completed repair from last year. He will be making a written report later, detailing the options and best course of action for the City. Discussion ensued regarding the establishment of a storm sewer assessment policy in connection with the Holmes Street Basin Laterals. The City Engineer proceeded to recapitulate his recommendations on surface water management. He stated the City needs to make a decision or re-affirm whether it wants to undertake a program to meet the standards established for reconstruction or modify the design criteria. The ordinance that adopted the design criteria specifies those rules applied for construction and reconstruction of drainage improvements. The current assessment policy has been found to be not prac- tical, because benefit cannot be proven to the extent of 50% of the project costs which are assessed. Therefore, in order to construct or reconstruct any drain- age system, the City has to change the amount of special benefit assigned to pro- perty owners. The report has outlined six alternates for consideration. As long as the City can special levy for the matching costs, there isn't a problem. Right now the City has the potential for 1.5 million dollars in matching funds whether or not anything is done with the assessment policy. The City Engineer stated the Holmes Street Basin Laterals is a project that must go, and there just needs to be some reasonable method of assessment and funding the City's matching cost. He then went over some of the pros and cons .of the various alternates. The City Engineer also asked for a determination of what is a lateral and what is a trunk. He suggested a definition could be based on the diameter of the pipe, and if this was used he would recommend 21" or larger would be considered a trunk. Another simple way to diferentiate would be to state that all catch basin leads are laterals and everything else is a trunk. The City Admr. stated there is an estimated cost of $400,000 for the four rural projects, which would cost the City $50,000 in a levy which could be put in place when the current levies fall off. Then as the levies end, the City can put new storm sewer levies in their place without-increasing-taxes. Shakopee Cite Council March 20, 1985 Page 2 Discussion followed regarding the benefits of using tax increment funding. The City Engineer stated that having storm sewer services completed very clearly stimulates development. The City Admr. suggested selecting an assessment policy most agreeable to the City Council and then holding a public hearing and putting the idea to the public. The implementation can take place piece by piece. A policy needs to be put in place when a need triggers the con- struction of a storm sewer. Cncl. Lebens pointed out there were no objections to the assessment when it was 20%, but only after residents were assessed 50%. She said people under- stand they have to pay something towards the improvements. She expressed her opinion that whatever policy the City adopts has to be explained very clearly and _simply so the public can-understand _it. The City Engineer said it is important to remember that as long as the special benefit is at least 20%, the ablility to special levy is preserved for any part that needs it. Therefore, the 25%/75% split is less risky by leaving a margin for error in the event someone challenges the assessment. The use of tax increment funding was discussed further. Consensus was to narrow down the alternatives for the assessment policy as follows: 1. Special assessment, 25%; Ad Valorum, 75% 2. Special assessment, 25%; Ad Valorum, 25%; User fee, 50% 3. Special assessment, 20%; Ad Valorum, 20%; User fee, 40%; TIF, 20% Consensus was to agree with the credit proposal presented in the bar graph in the memo dated March 1, 1985 from the City Engineer Consensus was to get comparison information from other cities regarding the definition of laterals and trunks. Consensus was to leave open the alternative of Council-initiated special improvement projects. Consensus was to not require only petition-initiated storm sewer improvements. Consensus was to leave open the option to hold a referendum to decide on the level of service and assessments for the service. Consensus was the existing design criteria is necessary for storm sewer service. Staff was instructed to bring back clear information regarding how each type of zoning would be affected by the different policies. Consensus was to agree to another alternative presented by the City Admr. _ which would-..be.Special--Assessment,--25%, -User--fee,-- 50%-and--a choice-.Of- Valorum, 25% or TIF, 25%. Colligan/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:13 p.m. Judith S. Cox City Clerk -Diane S. Beuch ----- -- - Recording Secretary action aler league of minnesota citiep , _ March 25, 1985 MAR 2 61985 TO: Metropolitan Managers, Police Chiefs, Fire Chief sy' 1TY OF FROM: Joel Jagik, Legislative Counsel RE: Time-Distance Requirements in the Metropolitan Area As you know, the 1984 legislature enacted a law which prohibits all cities in the metropolitan area from enacting reasonable area or response time residency requirements. The League of Minnesota Cities and the Association of Metropolitan Municipalities have lobbied the 1985 legislature for a law which would allow cities to establish reasonable time-distance requirements. To this point, we have been unsuccessful, primarily because the legislators do not view the matter as a public safety problem. A bill on this issue, supported by LMC and AMM, was heard and tabled by the Senate Local and Urban Government Committee. A suggested amendment, which LMC and AMM opposed, would allow time-distance requirements to be established, but, if the affected employees are unionized, only through a collective bargaining agreement. It is imperative that all concerned city officials contact their legislators, particularly Senators on the Senate Local and Urban Government Committee, as soon as possible and convince them of the need for this legislation now. Point out actual and potential problems under the current law and the need for a change. If we are unsuccessful in our efforts this year, we may never have a chance again due to the likelihood that there will not be a Legislative session in 1986. By 1987, too many employees could have relocated to ever try to establish time-distance requirements (even a bill passed this year would likely include a grandfather provision for employees who moved between August 1, 1984 and the enactment date of any new legislation) . JJ:rmm SENATE LOCAL AND URBAN GOVERNMENT COMMITTEE Robert Schmitz 296-7157 Phyllis McQuaid 296-1279 Betty Adkins 296-5981 Gen Olson 296-1282 Joseph Bertram 296-2084 Ember Reichgott 296-2889 Charles Davis 296-2302 Earl Renneke 296-4125 Michael Freeman 296-9307 LeRoy Stumpf 296-8660 Doran Isackson 296-9305 Darril Wegscheid 296-8091 Rand Kamrath 296-1240 1 83 universitvavenue �u�-,, st. Paul, minnesota 551 01 [31 2) 227-5000 (612) 587-5151 f1UTlH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 March 28, 1985 MAR 2 1985 Mr. John Anderson City Administrator 129 E. 1st Ave. Shakopee MN 55379 RE: Need for Industrial Revenue Bond (IRB) Financing - City of Hutchinson Dear Mr. Anderson: The City of Hutchinson will be exceeding its IRB entitlement. Specifically, the City of Hutchinson has an allocation of $2,512,000, and we are already exceeding this figure by $163,000; based on "inducement" resolutions already approved and another scheduled for April 23, 1985. The City of Hutchinson requests consideration by the Shakopee City Council for assistance in utilizing a portion of your community's entitlement. The City appears to have an immediate need for $163,000, plus an additional $1,200,000 within the next couple months for another anticipated project. In terms of priorities to any other communities requesting similar allotment throughout the state, please place the City of Hutchinson at the top of your list. We would be very grateful if you would inform your City Council of this request, therefore providing the opportunity for discussion. The Hutchinson City Council is anticipated to vote on the IRB inducement resolution on April 23, 1985, which would push the city over the limit by $163,000. Could you please write or contact me by phone (612) 587-5151 before April 23, 1985, regarding this matter. Sincerely, CITY OF HUTCHINSON e* 1 Gary D. Plotz City Administrator GDP/kl 7C__ MINNESOTA ASSOCIATION OF LOCAL HOUSING FINANCE AGENCIES 2215 West Old Shakopee Road • Bloomington, Minnesota 55431 • (612) 887-9637 F-: ACTION ALERT MAR 2 1985 �j I. Senate Committee on Energy and Housing will be hear- ing MALHFA Bill, Senate file 1190 which amends Section 462 and repeals the sunset of interest reduction authority, on April 2 in room 118 of the State Capitol from 1 :00 to 4:00 p.m. Please contact Senator Vega' s office, 612/296-4101 if you wish to address the Committee, and please contact members of the Committee who may represent your area expressing your support for the Bill. COMMITTEE ON ENERGY AND HOUSING Vega, Uhairman Kroening Peterson, Donna, Vice Chair McQuaid Adkins Olson Anderson Peterson, Darrel Frank Pogemiller Freeman Reichgott Kamrath II. Representative Schreiber is sponsoring a Bill, House File 1116, which a) changes the TIF reporting requirements from Deed to the State Auditor 's office; and b) would repeal 462.455, subdivision 13, the author- ity for HRA 's to use .interest reduction programs as a tool for housing and redevelopment. This bill was heard by the Committee of Local and Urban Affairs on Tuesday, March 26 , but failed to be passed out of Committee on a 12-12 vote. However, we believe it - is still alive and Representative Schreiber, the sponsor, is concerned about use of tax increment proceeds in interest reduction programs. Please contact your representative if ,you wish this Bill not to be enacted or are concerned with the loss of HRA authority to undertake interest reduction pro- grams and the use of TIF proceeds to fund interest reduction programs. COMMITTEE ON LOCAL AND URBAN AFFAIRS Valent-0, chair Jaros Pauly Becklin, Vice Chair Jennings, L. Peterson Anderson, G. Johnson Piper Anderson, R. Knickerbacker Schreiber Boerboom Knuth Solberg Carlson, J. Lieder Stanius Clark McEachern Tjornhom Dyke McLaughlin Tomlinson Fredrickson Nelson, K. Tompkins Haukoos Ozment Voss If you have any questions about the proposed legislat-ion,, please contact Dennis Daniels, 612/887-9637, or Mark Ulfers, 612/423-4800. Action Requested: Authorize appropriate City officials to take a position against Senate File 1190 and House File 1116 , amending Section 462 of state statutes regarding transfer of tax increment financing reporting requirements to the state auditor ' s office and providing for an early sunset to provisions allowing interest rate reduction programs to be administered by Housing and Redevelopment Authorities under this statute. City of Shakopee POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445-6666 April 1, 1985 City of Shakopee Mr. John Anderson 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Anderson, I am writing to request five additional days for the Golden Glove Boxing program. At the beginning of this Golden Glove season I was allotted 100 hours by the city council . However, our club was so successful this year, we attended several tournaments including the State ABF Tournament in Marshalltown, Iowa, The Silver Glove National Tournament in Peoria, Illinois, and The National Golden Gloves Weeklong Tournament in Little Rock, Arkansas. These tournaments and the time needed to prepare the club for them quickly used up the 100 hours and many of my off duty days. This season I will have spent approximately 350 hours of my personal off duty hours with the club. I am requesting these five additional days for the purpose of two additional tournaments, one of which our club attended March 24 through March 29. This tournament required three days. The remaining two days will be used when our club represents Shakopee at the upcoming Junior Olympics. Sincerely, 1 &.11 atd4^1, Officer Ron Carlson Golden Glove Coach go eSezve �:70 Jn-wteet MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox , City Clerk J RE: Application for $2,000 ,000 IR Bonds Bemidji Super 8 Partnership DATE: March 28, 1985 Introdu -r i on Previous Council action set a public hearing for April 2nd at 7: 00 p.m. to consider an application by Bemidji Super 8 Partnership for $2,000,000 commercial development revenue bonds to acquire , construct and install an approximately 100 unit motel , including meeting rooms and exercise facilities on property located at the NE corner of Marschall Road and C. R. 16 . Background According to the application submitted February 25 , 1985 , this business will provide 20 jobs. The bond will be privately placed with a financial institution, secured by mortgage and/or guarantees. The bond funds will be applied toward payment of costs estimated as follows: Acquisition of land: $ 3059000 New construction: 1 ,500 ,000 Demolition and site preparation : 752000 Acquisition of Equipment: Movable (limited to 10% of proceeds) 75 ,000 Other Installation Fees: Architectural , engineering , inspection, fiscal , legal administration, or printing : 180 ,000 Construction Interest : 80 ,000 Initial bond Reserve : Contingencies: 25 ,000 Other: (Franchise Fees) 15 ,000 Total $2,255 ,000 The plans submitted by the applicant for industrial revenue bond plan review are insufficient to permit staff to- make- recom- mendations and comments on the project. The Building Inspector needs to know the type of construction; the City Engineer needs a drainage report , which is in accordance with the final plat approval ; the City Planner needs detailed site plan information as well as a final plat application for Planning Commission approval. Because of staff' s inability to make recommendations based on incomplete information ; the City Administrator, City Clerk , City Engineer and City Planner are recommending that the public hearing be opened , presentation by applicant and comments from public be heard , and the public hearing be continued to May 7th at which time proper information is expected to have been submitted and staff review taken place. Alternatives a. Hold hearing and adopt resolution giving preliminary approval with separate motion placing conditions on issuance of building permit. b. Hold hearing and delay adoption of resolution giving preliminary approval until next Council meeting. C. Hold hearing and continue hearing to May 7th and adopt resolution giving preliminary approval on May 21st , if everything is in order. d. Hold hearing and continue hearing to May 7th and adopt resolution giving preliminary approval on same day , May 7th. e. Hold hearing and deny applic.ation. f. Hold hearing and continue hearing to May 7th , and deny application. Recommendation Alternative c. is recommended by staff because it is consistent with current policy and practice . Current policy for review of commercial development bond applications, adopted November 8 , 1978 , as amended , states that , "The application cannot be considered by the City Council until the City Council finds that the project is in accordance with the existing comprehensive planning , zoning , platting and building regulations. " To date the final plat application has not been filed and the conditional use permit application is not complete. It has also been Council policy to adopt the resolution giving preliminary approval at a Council meeting following the close of the public hearing. Delaying adoption of the resolution giving preliminary approval until May 21st is timely because Council will also be considering final plat approval on May 21st , if everything progresses on schedule. Action Recommended - 1 . Open Public Hearing - and hear presentation by applicant and receive comments by audience . 2 . Continue public hearing to May 7th at 8 : 00 p.m. JSC/jms - -- - � � N� SPP,, t/o nr At rP M CITY OF SHAKOPEE e INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 March 25, 1985 t Mr. Murray Williamson 6115 Lincoln Drive #149 Edina, MN 55436 Re: Bemidji Super 8 Partnership I. R. Bond Application Dear Mr. Williamson: In follow-up to our telephone conversation this morning, as well as my letter dated March 22, 1985 , City staff needs the follow- ing information in order to make any recommendations to CIty Council on your application for $2,000 ,000 I. R. Bonds: 1. For the Building Inspector - What type of construction is planned? Type V N or type V one hour? If it is type .V one hour, there will be special requirements required by code which could be costly. We customarily receive the complete construction plans for review, but I understand you wish to hold off on preparing them until you receive preliminary approval, because of their cost. 2 . For the City Engineer - A drainage report is required, which is in accordance with the final plat approval. 3 . For the City Planner - See attached. As I mentioned to you over the phone, we .will be receiving the information needed above for the Planner and Engineer when the final plat application is submitted. I understand the dead-_--_ _ -- line for this information is- April 16th,--in order for the final -- plat to be placed on the May-'9th Planning Commission- agenda.- To reiterate my letter of March 22 , 1985 , in order to provide staff an opportunity to give proper review of your application and then to make recommendations to the City Council for their consideration of your application, the .following time schedule is recommended to Council: The Heart of Progress Valley 4N Fonar Mr. Murray Williamson Page -2- March 25 , 1985 I. April 2nd - hold public hearing on I . R. Bond application and continue to May 7th 2. May 7th - Council will continue public hearing on I . R. Bond application receiving comments from staff 3 . May 9th - Planning Commission will act on both the Conditional Use Permit and final plat 4. May 21st - Council will act on the final plat and consider the appropriate resolution giving preliminary approval of I . R. Bonds Thank you for your patience and cooperation on this project. Sincerely, u th S. Cox City Clerk JSC/jms cc: John K. Anderson, City Admr. Bo .Spurrier, City Eng. Judi Simac, City Planner LeRoy Houser, Building Inspector MEMO TO: Judy Cox, City Clerk FROM: Judi Simac, City Planner RE: Review of Super application for IR Bonds DATE: March 25 , 1985 As per your request I have reviewed the plans submitted by Murray Williamson for the proposed Super 8 Motel. Please note the following items which must be resolved prior to a staff recommendation: 1. Final Plat Approval - Century Plaza Square 3rd Addition: The proposed site is a portion of Outlot B, Century Plaza Square 2nd Addn. Before a building permit can be issued for any part of the Outlot, it must be replatted in accordance with the Subdivision regulations. At this time the land owner has not submitted a final plat for consideration by the Planning Commission and Council. 2 . Conditional Use Approval - A conditional use permit application has been submitted for consideration by the Planning Commission however the information below is necessary prior to approval. A. Final platting of the parcel (Outlot B) B. Submittal of Drainage Plans for review by the City Engineer. C. Detailed Site Plan Information: 1. Height of proposed structure 2 . Landscaped setback for access drive 3 . Type of building material 4 . Location of utilities , trash storage , loading areas , etc. 5 . Landscape and lighting plan tw �- MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City ClerkCX/ RE : Canterbury Square and Super 8 Motel DATE : March 29 , 1985 The attached information on Canterbury Square and Super 8 Motel was received at city hall on March 29th at 2 :30 p .m. and has not been reviewed by staff. It appears to be general information on the proposed plans for development along the East side of Marschall Road North of CR-16 . The Super 8 Motel is a part of the proposed develop- ment . j CANTERBURY SQUARE Lot 1 CENTURY PLAZA SQUARE Location and Trade Area Let us invite you to step with confidence into the world of Shakopee , Minnesota and the state of Minnesota' s 90 million dollar investment in the Canterbury towns racetrack. B & B' s project, called Canterbury Square , is located 1. 3 miles west of the South Track enterance at the intersection of County Rd. #16 and #17. The multi-million dollar amusement park, known as Valley Fair, is roughly 1 mile east of our center. With easy access from Hwy. 169 , Canterbury Square is on a main artery for local and racetrack attendees. Canterbury Square' s primary customer is the Canterbury towns and Valley Fair ' s clients, as well as local residents, Minnesota Twins and Vikings fans and travelers from Southern Minnesota. In addition there is a hidden clientel that has massive potential; a) the racetrack employees; b) related business travelers having an association with the track. This market can only indicate that there will be a large potential market for the center to expand as the racetrack matures . Development Concept The 30 , 000 sq. ft. center will have an anchor tennant in a food cafeteria type restaurant of 10 , 000 sq. ,ft. Our intent is to compliment this draw with the following types of tennants : 1. Laundry Mat/Cleaners 2 . Travel Agency 3 . Jewelry Store 4 . Western Wear & Traditional Clothing 5 . Saddle/Leather Repair 6 . Barber Shop 7 . Gift Shop/Crafts Consignment 8 . Video Arcade 9 . Children/Teenage Store The center and the adjacent development will be tastefully co-ordinated by tying together the Old English of the Super 8 Motel architecture and the track theme. In addition, Canterbury Square will use an extensive lighting system to attract the evening clientel. �- Development Potential The population growth rate of Shakopee indicates that the city will experience significant expansion, not only because of the tourist attractions in the area, but also the surrounding industrial area should bring a wave of people in search of employment opporunities. The dimension of this growth and potential for our center "Canterbury Square" , becomes even more extensive when all the factors are taken into account for new development evolving around the Shakopee area. The Environmental Impact Statement done for the Shakopee Racetrack saw a need for one fuel station, one family type restaurant, one large motel and a shopping center. The development, as proposed for the corner of County Roads 16 and 17 , provides for all the service needs created by the track. Developers B & B B & B Enterprises of Minneapolis, a Minnesota corporation, is a premier company in a relatively old industry called Real Estate Development. B & B ' s main business provides a wide range of services from consulting, site acquisitions and selection through a full turn-key service of planning, financing, obtaining proper zoning, to building and completion of a particular project package. We offer a number of inventoried real estate sites from tax shelters , business opportunities , limited partnership farm operations to whatever investment need a client desires . Whatever a client chooses, B & B will package and virtually eliminate the headache and hassel of putting together your real estate invest- ment. Canterbury Square, a 26 , 000 square foot strip center is located in Shakopee, Minnesota, it will be owned and operated by B & B. We will use our leasing and development expertise to develop our own project. We choose to own this center because of the tremendous investment potential that this area will generate. The company of B & B is owned by Beverly Ahearn and Leland Jonason. Beverly is CEO of her own company, Commercial Real Estate Associates, which specialized in development, sales and leasing of retail/ commercial properties , Leland Johason, a private investor, has operated and ran his own business successfully until its sale and has been involved in rental real estate in Colorado and Minnesota. They joined forces to combine their talents and to place emphasis on equity ownership of strip centers . Canterbury Square Site Plan and Rendering 1 rtr�• ` IJ... u 1 1 Z ,•� 11 111 ` _d 1 l +:' �;I'i C..Q 15TG�6 D IQ.Y• 1�t �1:,1111 •'; �]I'�r, � ,;�;� I l LOT I n 111\ •� �� . ,��ti. 111 � _•w_.''' •; .t �`•}� 11 111:) 1� �i •,� i' •wr___•��_ '■ , 11-07-21- r • 2 `') a I%% '-'LO Rpt...-_�. •-�I ---- ..=_ �(- SdP��''�-:—i+��L �. "- m :A) I1 LOT 4 ., I •••rr.r.'NIi'r'r'in•rr . .........r.r.. IIA' 11I1r ....•.r•t11•I..I 1 . N, 111.I.. I.I..•.. ' 1 r.. 1.. •. 1.11.•r.. . • x1.111 1.,r.. 1........ PRELIMINARY PLAT °fn F":`"'"""' --•--- - CENTURY PLAZA SQUARE JAN. •.INVESTMENT "••-- r•ro 3RD .ADDITION. _.. ._�. i R1IlKt TMMN� ail 1: lot �\ l� GNP= s t ti 107 CAIN _ ►L1, �f:� - f'. j4N�tT C.S.A.M. NO. 17 CANTERBURY SQUARE IF _ y � sv s r '. -„....x..14 rlt�:.l"���.. .i �±x..,y� S�►R�ll�!C 1� �� .������ ++ 44 P1ap s Location Roadways Future Highway Twin Cities Metropolitan Area -......... ----rz._I - I I - -- `���ti�f�.•_ -- ' ----•-----.---ANKA .._.... --------------+ rL .- V - - fp F; ILa___.._-------- + l' WASFiINGTON yHE�NEPW a _ , —94 t F TH 7 CgA82 — --A.. - - ---� 00 _ Ch r CARVER .—. f= $121 �_..._ j Tr N S 212 — ! , 5 Vic....._ 4GHP-32 /rte - '- -- - - ---- ----- -- i y 5 + DAKOTA C. SCOT ---r-- I Figure 1 . 1 r Site Location - Region ®s..tc.,.,►.eM,rn As.edat..,lnc. '„ ' I , i `C i 4tpv Street, �`H• tp t G•� i. RACK _ ... Valley e'A '- Park �...�.<< ., I— ,c.a�M ►e . City of Sh kopee # —— C.R.7e c C.R.-4b 1 Figure 1.2 C.NA.N.14_ �• Site Location - City 0�,C11 rooe •eeo eoeoretr < < r HWY. r o L f 1 T � L o SITE 1 ' •��• I V.I.P. STREETpjkss cc J—i \�•' +�_ SHAKOPEE .•.moi � BAy � Q ..... External Access Improvements Previously Proposed Improvements 0 Proposed Interchanges Figure 4.2.3 _._ Future Highway System 7L7••r y`l I r O E000 -000 OOOOEEET �' "((//1 \ .-- J� / _ :l i Mrw•00a/wr.YwOYY..ti. 1 7J SUPER 8 MOTEL Lots 3 and 4 CENTURY PLAZA SQUARE BEMIDJI SUPER 8 PARTNERSHIP - A GENERAL PARTNERSHIP The Bemidji Super 8 Partnership was formed in 1980 for the purpose of developing a number of Super 8 motels in the upper midwest. There are two general partners : William G. Lindsay and Murray R. Williamson . William G. Lindsay, who resides in Edina , MN , is a cardiac , thoracic vascular surgeon who practices and owns one third ( 1/3] interest in Cardiac Surgical Associates , P .A. Murray R. Williamson , who also resides in Edina , MN, is a real estate developer involved in income producing properties. He is the managing partner of the general partnership. The first property developed by this partnership is the seventy (70] unit Super 8 Motel in Bemidji , MN. Since its first full year of operation in 1982 , yearly room revenues have steadily increased from $253 , 361 in 1982 to $441, 682 in 1984 . The 1985 revenues are projected to be $491,000 . The Bemidji property has been consistantly rated as "super excellent" in a chain of over two hundred and fifty ( 250] Super 8 Motel properties . The property has been cited in Bemidji for good management, aesthetically pleasing appearance, and positive community involvement. In addition to the seventy (70] unit motel property, the partnership has developed in Bemidji a two hundred ( 200] seat restaurant building and an eighty (80] unit mini-storage complex . In January 1985 , the partnership was granted the Super 8 franchise rights for Shakopee . It is proceeding with a plan to develope a lodging property that will have a positive impact on the fine community of Shakopee . THE SUPER 8 FAMILY OF MOTELS Two Aberdeen, South Dakota residents began construction of the first Super 8 in 1974 , they built more than a motel . Attorney Dennis A. Brown and businessman Ronald J. Rivett laid down the foundations of a fast--growing, quality conscious , highly successful chain of motels. By 1976 there were 13 Super 8 Motels up and running in four states. A year later there were 33 motels in seven states. By the end of 1983 , more than 180 Super 8 ' s were spread across the United States and Canada with a new one opening its doors every 8 days. Forecasts for 1984 estimated a Super 8 opening every 6 days. Super 8 ' s proven combination of careful planning, good exper- ience, professional assistance, solid marketing and sound management back-up have created a consistently successful motel business. SUPER 8 ' S SUPER GROWTH Motels Total Year opened motels 1974 1 1 1975 3 4 1976 9 13 1977 20 33 1978 24 57 1979 14 71 1980 17 88 1981 22 110 1982 29 139 1983 47 186 1984 (est. ) 60 246 BENEFITS OF A SUPER 8 MOTEL One important reason for the unprecedented success of Super 8 franchises is that travelers can always count on what they ' ll find at a Super 8 . On one hand, we have the instant recognition of a Super 8 Motel, part of America' s finest lodging chain. Our attractive exterior design tells the traveler tonight' s stay at our Super 8 will be just as pleasant and relaxing as last night' s stay at another Super 8 . Travelers soon develop a preference for Super 8 and consciously look for that familiar Super 8 signage and appear- ance. On the other hand, our Super 8 will have its own person- ality of good taste reflected in its decor, with free standing pylon signage. ,.. Traveling is expensive. For the commercial traveler, an over- priced, overbooked motel makes a tough job even tougher. For the traveling family, expensive lodging could cut short a long awaited vacation. The entire concept of Super 8 is directed at those needs . Travelers know that a Super 8 will meet their standards for comfort and cleanliness. The day we open the doors of our Super 8 for business , we ' ll have time tested marketing strategy that will open our motel successfully and keep it running competitively in the market- place for years to come. We have a central advertising fund we and other Super 8 owners support. There' s "Superline. " "Superline, " our central reser- vations system, offers WATS line convenience to guests and travel agents. And there ' s the Super 8 national directory that lists and shows the location, address and rates of every Super 8 lodge and motel. In addition, Super 8 advertises in trade and travel publications , electronic media, billboards and more. Our VIP Club for commercial travelers offers our regular guests guaranteed reservations and check cashing privileges. And our Commercial Travelers Club lets them stay nine nights and receive the tenth night free. Super 8 was one of the first chains to pay commissions to travel agents . And we find that this policy brings us business that other chains can' t get. `, All of these programs and materials are proven winners. SUPERLINE When it comes to convenience, more and more people are coming to Super 8 . Because of "Superline" , our toll-free telephone reservations system can book rooms at our Super 8 for people calling from all over the country. Commercial travelers frequently use "Superline" to set up a whole week' s worth of lodging. And the traveling family can plan an entire vacation with just one "Superline" call. r' TRAINING FOR OUR SUPER 8 We will provide our people with thorough training that covers every aspect of motel operations. For two solid weeks, we will work closely with trainees in our training school. The first week is classroom instruction. The second is on-the-job training in a Super 8 . We take our people through marketing, public relations, law, insurance, personnel management and the day-to-day tasks involved in running a suc- cessful lodging operation. This combination of concentrated classroom studv and practical experience means our Super 8 will be staffed and managed by real professionals. Murray Williamson & Wm. Lindsay, partners, are sensitive to the desires of the community and are going to great lengths to accommodate this. They are currently evaluating the feasibility of a swimming pool in addition to the sauna and whirlpool that will be included. There also will be meeting rooms and suites. There are current negotiations to include a restaurant from a substantial national chain that will add another dimension to this site. The following information will show you what our plans include: DESIGN The design of the motel shall comply with current state , federal and local building codes and ordinances. In general , the materials and design elements selected are to convey a feeling of warmth and integrity. EXTERIOR BUILDING All exterior wall surfaces visible from public ways shall be faced with approved face brick, stone, architectural concrete cast in place, or precast panel , or an equivalent. Metal canapies and accent elements may be used where they compliment the general design and intended usage of the building. It is also suggested that the masonary mortar be a matching color to the mortar units . Any exterior wood surfacing used for accent areas or faces shall be cedar or redwood, sealed or stained to preserve the natural color. Metal Trim, Fascia, Windowframes and Doorframes - All metal fascia trim and doorframes will be painted or anodized. LIGHTING Exterior parking light fixtures will be on attractive poles to go with the decor. Finish on the poles and luminaire are to be co-ordinated. Lamps may be high pressure sodium. An acceptable fixture for building lighting would be the "Memphis" Series as manufactured by J.H. Spaulding Company, with the finish to be "Black Coffee" . Lamps may be high pressure sodium. Area and walkway lighting may be "Miniature" Series as manuf- actured by J.H. Spaulding Company, either Model Number 8320 or 8317 . SIGNAGE Signs will conform to the signage criteria required. They will be free-standing, pylon, made of double-faced internally illuminated. Face material shall be lexan and be back painted to show individual letters of logo in an aluminum frame. Sign may be supported on an aluminum post. LANDSCAPING The intent of the landscaping is to provide an attractive appearance around the entire site. In general, all areas not used for building, parking, driveways, or sidewalks shall be either sodded or woodchip mulch. The areas having frontage on the public roads shall provide shade trees. The species of trees may be selected from the list below. As a minimum requirement, there shall be an equivalent of one tree per 50 feet of frontage, with a minimum size.of 2� inch caliper (balled and burlapped) . The shade trees listed below shall also be provided throughout the internal landscaped areas of the site, based on the approved landscape plan. Shade trees are as follows : 1. Marshall Seedless Ash (Fraxinus Pennsylvanica Lanceolata Marshall) 2 . Sugar Maple (Acer Saccharinum) (not on boulevard spaces) 3 . Norway Emerald Queen Maple (Acer Platanoides Emerald Queen) 4 . Imperial Locust (Gleditsia Tricanthos Imperial) 5 . Pin Oak (Quercus Palustris) (not on boulevard spaces) 6 . Hackberry (Celtis Occidentalis) Shrubs and low plantings are to be provided throughout to round out the landscaping planting. Recommended species are as follows : 1. Honeysuckle Emerald Mound (Lonicera Xylosteum Nana) 2 . Japanese Redleaf Barbery (Berberis Thunbergi Atropurpurea) 3 . Japanese Greenleaf Barbery (Berberis Thunbergi) 4 . Cherry, Purpleleaf Sand (Prunus X Cistema) 5 . Viburnum, Compact American Cranberry Bush (Viburum Trilobum) 6 . Sumac, Smooth (Rhus Glabra) 7 . Juniper, Andorra (Juniperus Horizontalis Plumosa) 8 . Juniper, Webber (Juniperus Horizontalis Webber) 9 . Japanese Spreading Yew (Taxus Caspidata) 10 . Jackman Potentilla (Potentius Freucticosa) It shall be required that there be a two foot high separation between parking areas and all public streets. This may be accomplished by a combination of berming, planting, and land- scape structures. A screening that provides a variety of elements is preferable to a simple continuous two foot berm around the property. C� The use of other landscape elements such as structures, planters, boulders, and other design elements may be used. It is important to maintain clear visual lines at all points of an intersection, between vehicles and other vehicles, as well as vehicles and pedestrians. WATER AND SANITARY SEWER SYSTEMS All waste receptacles, mechanical units, transformers and gas meters are to be attractively screened or concealed. SETBACKS In general, the building setback from all the outside property will meet the codes. Of this setback, a portion may go for green space. MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern RE: Character Generator Variance DATE: March 28, 1985 Introduction Zylstra-United has applied for a variance from the franchise ordinance. Approval of the variance as submitted would : ( 1 ) locate one character generator at the public access studio as opposed to Shakopee Community Services , ( 2) locate a second character generator at the Shakopee Head End as compared to Shakopee Community Services , ( 3 ) provide different character generator equipment to that which was originally proposed in the franchise ordinance , ( 4 ) temporarily limit the number of institutions to receive character generator equipment to three as opposed to the five originally proposed , and (5) reduce the number of transmission channels to one as opposed to the two originally proposed . Background On August 7 , 1981 the Shakopee City Council approved Resolution No. 2288. The intent of this resolution was to delegate more responsibilities to the Cable Commission in regard to cable related subject matter , i . e. subscriber complaints , variance requests , etc . The appropriate amending ordinance (No. 1614) , which is on this evening ' s agenda becomes effective when it has been approved by the City Council and it appears in the official City newspaper. Therefore, City Council needs to act on the variance request submitted by Zylstra-United . In the variance proposal submitted by Zylstra-United (see attachment No. 1 ) Mr. John Suranyi has attempted to explain what was originally proposed in the franchise ordinance as he understands it. The variance also discusses what he is currently proposing for our system. Please note that in the proposal Mr. Suranyi addresses two systems, System I and System II. System I was originally proposed and designed to accommodate Shakopee Community Services with a character generator for their local community bulletin board (Channel 3) . System II was proposed and designed to accom- modate four chosen local institutions with access to transmit and broadcast character generated messages via telephone lines on channels 10 and 12. To give the City Council a better idea of where we have been on this issue and where we are going , staff has developed a chart which should clear up any misunderstandings . (See attachment No. 2 . ) The chart specifically describes the equipment that was originally proposed in regard to System I and System II . The chart also reveals what equipment Zylstra-United purchased , what was proposed in Variance No. 3 ( approved by City Council on 10/2/ 814 ) and what is currently being proposed in Variance No. 4 . During the week of March 18 , 1985 , st,aff conducted a survey of those institutions which were to receive access to a character generator. The survey revealed that three institutions ( Shakopee Community Services, Shakopee Public Schools, and Shakopee Area Catholic Schools) were still interested in being directly connected to a character generator . The Shakopee Public Library has stated that they do not have a need to have their own remote keyboard to access the character generator. __However , they- would like - - -to have. their messages g generated by some other- institution. Mr. Suranyi has stated that the Public Library was welcome to have their messages generated at the public access studio. On March 25 , 1985 the Shakopee Cable Communications Advisory Commission met to consieer the variance proposal submitted by Zylstra-United. :- At that time staff submitted a list of assumptions in regard to Variance No. 4. ( See attachment No . 3 . ) At the Cable Commission meeting Zylstra-United Manager John Suranyi stated that due to the financial condition of the Company he was not in favor of providing all the equipment as listed in Assumption No. 8 of attachment No. 3 . Mr. Suranyi further argued that because the equipment he is proposing exceeds the cost that was originally proposed in the franchise ordinance , he felt that the Company had fulfilled its obligation. After further discussion, Commission Members agreed that the equipment listed in Assumption No . 8 of attachment No . 3 should be reduced to one remote keyboard, one 12 inch color TV monitor, and one originate modem. The Commission also recommended several other assumptions to be added to the list. An updated list of the City assumptions in regard to Variance No. 4 as understood by the Cable Communications Advisory Commission and City staff appear in attachment No. 4 . Alternatives 1 . Recind Variance No. 3 in its entirety and approve Variance No. 4 as submitted by Zylstra-United conditioned upon the receipt of a letter from the Zylstra-United System Manager stating that they are in full agreement with the City of -_- Shakopee' s- assumptions as addressed----i-n- attachment---No-.-•-4--- - ------- and conditioned-upon receipt of an acceptable list of equipment. - =_. 2. Recind Variance No; _3--in= its =entirely--and--approve=-Variance-- -- No. - 4 as submitted -by- Zylstra--United-=conditioned__upon the---_ -- receipt-=�T=-a=-Zetter from- the--Zylstra-United System--Manager - -- - - - -stating --tha-t_ they are --in - full - agreement- with-- the-_---Cit Shakopee ' s assumptions as addressed in attachment No. 3 with the additional assumptions- ll--and--l2 - as stated- in attachment_ No..-_.4._ and conditioned—upon--the --receipt of- an==- - acceptable-list of equipment. -- -- --- 3 . Do not recind Var:ance No . 3 and do not approve Variance No. 4 . Staff Recommendation Staff recommends alternative No. 1 . Action Requested Move to resind Variance No. 3 in its entirely and approve Variance No. 4 as submitted by 2ylstra-United as conditioned upon the receipt of a letter from the Zylstra-United System Manager stating that they are in full agreement with the City of Shakopee ' s assumptions as addressed in attachment No . 4 and conditioned upon receipt of an acceptable list of equipment. BAS/jms Attachment Number 1 zylstra - united cable 0 Now- television company March 21, 1985 SHAKOPEE CABLE COMMUNICATIONS ADVISORY BOARD Re: CHARACTER GENERATOR VARIANCE Enclosed is the application for variance regarding_the. character-_generator__.- _ system as requested by Barry Stock. Any additional information should be listed in my previously submitted proposal (3/15/85). My intentions of the variance is in the design of the character generator system itself and not the equipment. I am requesting that only one channel be used for character generator messages ratter than two as proposed in the original proforma. Also the amount of remote keyboards be reduced to three which would be placed at locations chosen by the commission. The only equipment not shown on the proposal would be the three color monitors which would accompany the keyboards. My understanding is that these monitors are available at an estimated price of $300 each. So, the projected capital expenditure would be increased by the amount of $1,200. Since attending the North Central Cable Convention in Minneapolis, it has come to my attention that Video Data Systems, Inc. (VDS) who produces the proposed Micro System I has incurred financial problems and has file under Chapter 11. After talking with my VDS representitive, I have determined it would be best to seek additional bids on character generator equipment so that we may obtain the best state of the art equipment on the market with the availability of options for future expansion. VDS will still be considered but the financial security of the company looks rather dim. With the assurance that the proposed designed character generator system be installed with equipment of better or equivalent value than the original proforma,- Zylstra-United would believe that they will have fulfilled their financial obligation as listed in the ordinance. Taking into consideration my technical background, the past negotiations by previous management, and Zylstra-United's current financial situation, I feel my recommendation was made in good faith and should be given careful consideration. Thank you for your understanding and cooperation. Respectfully, John B. Suranyi Z/U General Manager JBS/mk 123 West 3rd Street P.O. Box 146 Chaska, MN 55318 612/448-3831 Number (office use only —_ Ci mi OF -.SHAKOPEE APPLICATION FOR VARIANCE FROM OR AMENDMENT TO CHAPTER 33`:= OF CITY CODE, CABLE COMMLWICATIONS FRANCHISE VARIANCE T Date: March 21 . 1985 Contact Person: John Suranyi. Z/U General Mana er Phone: -612-448-3831 _612-448-3831 Address: 123 W. 3rd P.O.Box 146 Chaska MN 55318 Ci-.y State Zip Consultant: - (if' any) Phone: Address: City State Zip Requirements of Franchise: All Franchise Ordinance and P opoSal req.uirempnrq Pre lictari on Attachment I in my Character generator oroAosal Citation for Requirement in Offering: Ordinance: Section 5.05 Cablecasting Facilities Section 6.02(D) Automated Services Pro osal: Form I a e 14 of 32 channel capacity and system design), Form K pa e 2 ' of 4 (access facilities--misc. ). Requested Variance: As shown on Attachment III, I am requesting a variance to only one character generated channel with access by three remote keyboards. Equipment proposed ' - to be installed will be better or equivalent value as listed in the Franchise Proposal. Reasons for Requesting Variance (i.e. hardship, expense dela technical needs _ P, Y, - c At this time we feel that there is not enough need shown to justify the additional expense to install the character generator system as proposed. So-, considering- the =- company's current financial hardships and the needs of the Shakopee community, we feel i the equipment-proposed (Attachment III in proposal) , or that of better or equivalent value, would be considered adequate. Si nature o_ HPplican zylstra /6 • united- cable - -- television corn any- --- - _ o March 15, 1985 Shakopee Cable Communications-Advisory-Board Subject: Character Generator System Since our discussion at the previous commission meeting, February 25, 1985, I have researched and evaluated the character generator situation and determined my recommendation. In due time I feel we can reach a comparable agreement and resolve the matter. To minimize any questions or confusion I will include all available information on Zylstra-United's (Z/U) proposal and the Shakopee Franchise Ordinance. Attach- ment I covers an explanation of the character generator operation, the equipment proposed and the access channels to be allocated. While reviewing the material I noticed and corrected a few typographical errors which seemed to make the -information more understandable. My interpretation is that two seperate character generator systems were proposed. Attachment II explains my interpretation of the design according to the initial proforma. System I was proposed and designed to accomodate the Shakopee Community Services with a character generator for the local Community Bulletin Board (Channel 3). Transmission, recieve, and redistribution of messages was proposed and designed to operate via the cable television system. Equipment of better or equivalent value was installed as proposed with one exception; the remote keyboard was located at the Shakopee Cable Television business office (Public Access Studio). It seems that the cable television office is the ideal location for Community Bulletin Board messages to be recieved and broadcast over the system. System II was proposed and designed to accomodate four chosen local institutions with access to transmit and broadcast character generated messages via telephone lines. The locations chosen were the University of Minnesota, the Community. Library, the Senior High School, and the local Catholic School. The plan was to offer remote- keyboards to these locationswith--access--to-the--main=-unit '(headend) _ —' —=-- - -_-via-telephone lines '-Since the system was never completed, the main objective is for Z/U to design and install a character generator system that would be economi- cally feasible for the system and fulfill the needs of the community. To complete the character generator system Zylstra-United is recommending the installation of a Micro System I which would be located at the Shakopee headend and accessible via telephone lines by three remote keyboards. A design of the recommended system along with a price estimate is shown on Attachment III. 123 West 3rd Street P.O. Box 146 Chaska, MN 55318 612/448-3831 At the present time Z/U believes that one channel (channel 10 or 12) would be sufficient to deliver messages to cable television customers. If future demand should arise, the Micro System I would always be available for page memory, output channel, and keyboard expansion. The recommended keyboard locations would be the Shakopee Community Services, a chosen Educational Facility, and a chosen Municipal or Governmental Facility. Since the system offers remote keyboards with direct dial-up modems, the locations would be very flexible. The only variance of my recommendation from the initial proposal is the lack of one remote keyboard and one channel output module. Taking into consideration the cost of the equipment, the company's current financial situation along with the current demand (low) for the character generated messages, we feel these changes are economically supported. Hopefully from the information I've submitted we will be able to reach a future mutual agreement. If you have any additional questions on the subject I will be available for discussion at the March Cable Commision meeting or feel free to call at any time, (448-3831). Thank you. Respectfully, John B. Suranyi Z/U General Manager JBS/mk PROPOSAL ATTACHMENT I Form I Page 14 of 32 CHANNEL CAPICITY AND SYSTEM DESIGN 13. Describe the equipment to be used for programming any automated channels, including make and model numbers.* The automated channels will be generated using Video Data Computer Managed Multiple Display Micro System I. The Micro System I is a versatile microprocessor and managed automated information system for single or multiple channel display. Advanced technology and designprovidesunparalleled flexibility---- to lexibility_-to create individual channel display formats. Operators may select one of three character heights, two character widths, six choices of font enhancement and any of eight standard colors on a line by line basis. Even time/calendar, titles, and call displays are operator programmable. Memory will be incorporated within the system accommodating up to 256 pages for display. The operator can allocate the memory for use as desired. It is possible to define which pages are to be shown on each channel, in what order and at what time. The Micro System I provides these special editing functions: > Cursor to the end of page erase > Auto line center > Auto page center > Tab > Character flash > Character insert or delete > Line open or closed > Work integrity It will also be possible to add new services or display channels with plug-in modules. The Micro System I allows the operator to program the entire system to meet the local requirements; any page on any channel for a specified time. The MPC 2000 Micro System I processor chassis provides a number of inputs to accommodate newswires, stockwires, and local or remote keyboards. Special interfaces for time/calendar, local weather, discat memory, expansion chassis, ect. are plugged into the processor chassis. *It will be presumed that equipment described or its equivalent will be used in actual construction. As an alternative, applicant may provide detailed specifications for such equipment. 1 PROPOSAL ATTACHMENT I (continued) Form I Page 14a of 32 CHANNEL CAPACITY AND SYSTEM DESIGN (continued) The system incorporates a PS-2002 power supply and a GL 2000 genlock sync generator. The power supply features a unique design combining the functions of a standard power source and failsafe protection. Vital data is protected up to two hours during power interruptions. The UDC 2000 Universal Display Channel is the heart of the Micro System I. A high resolution font, three character widths, six choices of font enhancement and eight colors allows complete control to create custom formats in test displays unique to each channel or category of information for special emphasis. Display formats are operator programmed on a character-1ineby-character- line basis using the above parameters. A display sequence entered for each channel specified in what text, sequence order, display time and specific times for special text inserts such as news, local weather, ect. Its packaging concept permits easy field plug-in expansion. A specially designed keyboard featuring single key functions, with keys grouped and color coded, simplify control and data entry. An advanced software editing program aids the operator in easy manipulation of display packs. The function provided by work integrity provides the operator from exceeding 32 characters per line or accidently breaking a word at the end of a line. The system automatically retypes the word on the next new line and backfills the previous line with spaces. Keyboards can be local or remote. Off-line editing can be provided by using the terminal at remote sites. The equipment to be utilized in providing Zylstra-United's automated channels is listed below: > MPC-2000D Micro System I Processor- Chassis > MXD-2002 Expansion Memory, 256 Pages > WP-2000 Weather Processor > MN-2000 Memory News Sort > SP-2001 Software Program/News > SP-2002 Software Program/News Sort. (AP) > RS 2002 > RS 232 Input/0utput Module > PS 2002 Power Supply - > UDC 2000 Universal Display Module UDC 2000 Boderline Module-___ ^_ - > GL 2000 Genlo:-k Sync Generator ---- > - enerator ---_> - KB 2000 Keyboard - ------ > JS 2000 Junction Switchbox ' >. 40057 Weather Cable -. > 40034 BNC Cables > 40041-9 Data cables > 40058 UDC Power Cables > 40073-2 Chass::s,/Modem Cable 2 PROPOSAL ATTACHMENT I (continued) Form I Page 14b of 32 CHANNEL CAPACITY AND SYSTEM DESIGN (continued) As requested in the city's Instructions, a local keyboard for remote inputting will be provided at the office of Shakopee Community Service where, by way of appropriate modems, operators will be able to place their messages on the system's local channels. The installation will consist of a KB-2000 (remote) keyboard, and standard drop installations for both networks. Up- stream communication (for inputting) will be via the cable system. Form K lists additional remote keyboard equipment which is associated with access services. In addition to the above, a color weather radar display device will be provided. This will be facilitated through installation of an ARVIN TW-1, "Tel-Weather" system. 3 ORDINANCE ATTACHMENT I (continued) SECTION 6. SERVICE PROVISIONS 6.01 Services to be Provided. Grantee shall provide all initial services and programming, as available, set forth in the Grantee's offering and in this section. Grantee shall provide three tiers of service, Universal Tier, Tier I, and Tier II, as set forth in Grantee's offering. A. UniverEal Tier. The Universal Tier shall include at a minimum, seven local broadcast channels and five community or regional access channels. These channels shall be provided free of monthly charge upon payment of a one- time installation charge. The initial channel allocation of the Universal Tier shall be as follows: Cable Channel Designated Programming/Services 2 KTCA - Channel 2 -• PBS - St. Paul *3 Community Television Channel, Public Access/Community Bulletin Board 4 WCCO - Channel 4 - CBS - Minneapolis 5 KSTP - Channel 5 -• ABC - St. Paul *6 Regional Inteconnection/Regional Bulletin Board/Job Shop 7 Leased Access 8 KTCI - Channel 17 - PBS - St. Paul 9 KMSP - Channel 9 - IND - Minneapolis *10 Educational Access Channel/School Bulletin Board 11 WTCN - Channel 11 - NBC - Minneapolis *12 Government Access Channel/Municipal Bulletin Board (Designated Emergency Channel) 13 Color Weather Radar -30- 4 ORDINANCE ATTACHMENT I (continued) nj WGN Chicago WOR New York WTBS Atlanta C. Automated Services. These services are provided either as single channel services or in combination with other services. Grantee will provide quality character generation equipment to provide clear displays of alpha-numeric information. These services include: Community Bulletin Board Regional Bulletin Board Job Shop School Bulletin Board Municipal Bulletin Board Weather Radar AP Newscable/AP Minnesota Newswire Dow Jones Cable News State Legislative Wrap-Up Reuters News-View D. Satellite Services. Services to be provided include: C-Span USA Network Appalachian Community Service Network (ASCN) American Educational Television Network (AETN) The Health Channel Modern Satellite Network Daytime Music Television CBS Cable CBN Satellite Network (CBN) National Catholic Telecommunications Network National Council of Churches' Communication -35- 5 PROPOSAL ATTACHMENT I (continued) Form K Page 2j of 4 ACCESS FACILITIES -- MISCELLANEOUS COMMUNITY CHARACTER GENERATORS (5) These character generator remote keyboards will be distributed throughout the community as an easy and effective means for local agencies to reach the public with timely messages. The number of keyboards in use may be expanded in the future should the need arise. EQUIPMENT REQUIRED Quanity Make/Model # Description 4 CompuVid CKB-3 Remote Keyboard 1 CompuVid Remote automated message character generator 4 Hitachi P/05M 12" monitor/receiver COMMUNITY CHARACTER GENERATORS TOTAL $17,700 The keyboards specified herein will be provided to the following: 1. Shakopee Community Services Center 2. Shakopee Community Library 3. Shakopee Senior High School 4. Shakopee Area Catholic Schools 5. University of Minnesota These keyboards shall remain the property of Zylstra-United and will be maintained anc. replaced when necesary by Zylstra-United throught the term of the franchise. 6 SYSTEM I ATTACHMENT II *HEADEND _256 PAGE MEMORY MICRO SYSTEM I WEATHER PROCESSOR - -- - DISPLAY CHANNEL v } DEMODULATOR MODULATOR SUBSCRIBER NETWORK (ie. CABLE SYSTEM) V MODULATOR SHAKOPEE COMMUNITY SERVICES VIDEO REMOTE KEYBOARD MONITOR SYSTEM II SUBSCRIBER NETWORK (ie . CABLE SYSTEM) *HEADEND COMPUVID REMOTE AUTOMATED CHARACTER MODULATOR GENERATOR VIA PHONE LINES COMPUVID CBK-3 COMPUVID CBK-3 KEYBOARD w/ KEYBOARD w/ VIDEOMONITORVIDEO - MONITOR LOCATION : UNIVERSITY LOCATION: COMMUNITY of MINNESOTA LIBRARY VIA PHONE - LINES COMPUVID CBK-3 COMPUVID CBK-3 KEYBOARD w/ KEYBOARD w/ VIDEO MONITOR VIDEO MONITOR LOCATION: SENIOR LOCATION: CATHOLIC HIGH SCHOOL SCHOOLS ATTACHMENT III SUBSCRIBER NETWORK (ie. CABLE SYSTEM) *HEADEND MICRO SYSTEM I PROCESSOR CHANNEL 10 128 PAGE MEMORY MODULATOR UNIVERSAL DISPLAY CHANNEL AUTO ANSWER MODEM VIA PHONE LINE VIA PHONE LINE KB 2000 KB 2000 KB2000 KEYBOARD w/ KEYBOARD w/ KEYBOARD w/ VIDEO MONITOR VIDEO MONITOR VIDEO MONITOR LOCATION: LOCATION: LOCATION: EDUCATIONAL COMMUNITY MUNICIPAL / FACILITY SERVICES GOVERNMENTAL FACILITY SHAKOPEE CHARACTER GENERATOR SYSTEM QUANITY MODEL MANUFACTURER/DISCRIPTION PRICE 1 MPC-2094 MICRO SYSTEM I Basic Processor $5 , 500 Includes : KB 2000 KEYBOARD MPC 2000 BASIC PROCESSOR 128 PAGE MEMORY (Expandable to 256 PAGE MEMORY) CLOCK/CALENDAR NOAA CRAWL MEMORY POWER PROTECTION One (1 ) UDC w/ SYNC Capable of 8 CHANNEL Expansion 3 KB 2000 KEYBOARDS 2385 4 MOD-3A 300 BAUD ORIGINATE MODEM-_--=- - - 1200 1 MOD-3P 300 BAUD AUTO. ANSWER MODEM -- - - - - 510 TOTAL ORDER PRICE . . . . . . . 9595 INSTALLATION LABOR . . . . . . 500 TOTAL $10 , 095 For FUTURE USE : KB 2000 KEYBOARDS 795 each UDC 2000 UNIVERSAL DISPLAY CHANNEL 1795 each 300 BAUD ORIGINATE MODEMS 300 each Attachment Number 2 ORIGINAL PROPOSAL Equipment Purchased System I System I Location of character generator: Location of Character Generator: Shakopee Community Services Shakopee Public Access Studio Output Channel: 3 Output Channel: 3 Cost: Not stated in the proposal Cost: N/A Equipment: Equipment: MPC-2000D Micro System I Processor Compuvid Character Generator Chassis to include: MXD-2002 Expansion Memory, CDD-30 Data Display Chassis with 256 pages heavy duty power supply WP-2000 Weather Processor CBM-1 Bubble memory with 413 pgs MN-2000 Memory News Sort available for display SP-2001 Software Program/News CKB-1 Compuvid Local Keyboard SP-2002 Software Program/News Sort CAP-1 Auxillary Back-up Power (AP) EIA-RS-170 Sync Generator RS 2002 Genlock Sync Generator RS 232 Input/Output Module Input/output Module PS 2002 Power Supply Boderline Module UDC 2000 Universal Display Module Dow Jones Cable News - Channel UDC 2000 Boderline Module 33 GL 2000 Genlock Sync Generator The Weather Channel - Channel KB 2000 Keyboard 38 JS 2000 Junction Switchbox VPI Cable Newswire/VPI Minnesota 40057 Weather Cable Channel 39 40034 BNC Cables Miscl. Cables 40041-9 Data Cables 40058 UDC Power Cables 40073-2 Chassis/Modem Cable System II System II City of Shakopee basic assumptions: City of Shakopee Basic Assumptions 1. No costs to local institutions 1. Company to provide some kind 2. System connected via telephone of switcher on the input from lines two locations to put the signal out on the modulator for channel Location of Character Generator: 10 and 12. Shakopee Community Services 2. One demodulator and one modulator for each channel to be provided Equipment: by the company. 1 - KB2000 Remote Keyboard Equipment: 2 - UAM-1 (Cable Bus) RF Modems 1 - TV Qty Make/Model Description - Drop for 2 networks 4 Titler Character Generator TM-1024-50075-1 (25 pgs. of Output Channels: 10 and 12 memory) 4 Panasonic B/W Monitors Additional Equipment: TR930, TQF83825 Qty Make/Model # Description 4 Compuvid CBK-3 Remote Keyboard Output Channels: 10 and 12 1 Compuvid Remote automated Character Generator Location of Character Generators: (25 pg. memory capacity) 1. Community Services 4 Hitachi P/05M 12" Monitor/ 2. Shakopee Sr. High Receiver 3. Shakopee Area Catholic Schools 4. Library Location of Keyboard Cost: Cost incurred but not available 1. Shakopee Library 3. SACS 2. Shakopee Sr. High 4. U of M Cost: $17,700 Variance No. 3 Ccrmpany's Proposal 3/15/85 Approved by City Council on Oct. 2, Variance No. 4 1984 conditioned upon acceptable list of equipment within one week S}'stem I after operation of equipment and a written statement by ZU that the Location of character generator: substituted equipment is of equal Public Access Studio or better quality. Octput Channel: 3 System I Ccst: N/A Not addressed in variance No. 3. Equipment: No change in equipment System II System II Replace Compuvid Character Generator Location of Character Generator: equipment with VDS equipment providing Shakopee Head End 128 pages of memory. Output Channel: 10 or 12 Location of Character Generator: Shakopee Head End Equipment: Location of Keyboards: Sti Model # Description 1 MPO-2094 Micro System I Basic 1. Shakopee Sr. High Processor 2. Community Services Includes: 3. Library KB2000 Keyboard 4. SACS MPC2000 Basic Processor 128 pg memory (expandable to *List of equipment never provided 256 pgs) Clock/calendar *Cost estimates never provided NOAA Crawl One (1) UDC w/SYNC Output channels: No deviation from Memory power protection original proposal Capable of 8 channel expansion 3 KB2000 Remote Keyboards 4 Mod 3A 300 Baud Originate Modem 1 Mod 3P 300 Baud Auto Answer Modem 4 12" Color Monitor/ Receiver CoFt: $10,095 To be provided in the future at the request of the City. KB2000 Remote Keyboards $795/ea. UDC Universal Display Channel $1795/ea. — 300 Band Originate Modems $300/ea. — 12" Color Monitor/Receivers—N/A Attachment Number 3 City Assumptions in Regard to Variance No. 4 System I 1 . The Company is requesting a change in the location of the character generator from Shakopee Community Services to the Public Access Studio. 2. The Company will be responsible for inserting public announce- ments on this character generator. System II 1 . The Company is requesting a change in equipment from what was originally proposed in the ordinance . 2 . The Company is proposing the following equipment or equipment of equal or better quality : LU Model —A Description 1 MPO-2094 Micro System I Basic Processor Includes: KB2000 Keyboard MPC2000 Basic Processor 128 Page Memory (expandable to 256 pgs ) Clock/calender NOAA Crawl One ( 1 ) UDC w/Sync Memory Power Protection Capable of 8 channel expansion 3 KB2000 Remote Keyboard 4 Mod 3A 300 Baud Originate Modem 1 Mod 3P 300 Baud Auto Answer Modem 4 12" Color Monitor/Receiver 3 . The new equipment being offered is of equal and/or better quality than that which was originally proposed. 4 . All costs associated with the equipment listed in variance No. 14 or equipment of equal or better quality and any other incidental equipment that may be necessary to implement the system will be the responsiblity of the Company. 5 . The character generator will be located at the Shakopee Head End . 6 . One channel will be activated for character generator use as opposed to the original two channels. 7 . A series of messages being broadcasted over this character generator can be interrupted for special emergency announcements or cancellations. 8 . The Cable Company is responsible for providing the following equipment or equipment of equal or better quality and any other incidental equipment that may be necessary to connect future institutions any time after a one year period from the date of approval of this variance and a 60 day notice from the City: 1 - Activated channel - UDC Universal Display Channel 2 - Remote keyboards - Model KB2000 2 - 12" color TV monitors 2 - Originate Modems - Model 3A Baud Originate Modem 9 . The Company guarantees that the equipment listed in assumption #8 or equipment of equal or better quality will be provided at some point in time and will be compatabie to the equipment being proposed and at no cost to the City. 10. The Company will provide the following institutions with the equipment as proposed in the variance proposal or equipment of equal or better quality by July 30 , 1985 . Failure by the Company to comply within this time frame will subject the Company to a fine of $25 per day for each day that the character generator system is not operable . Shakopee Community Services Shakopee Area Catholic Schools Shakopee Senior High %u Attachment Number 4 City Assumptions in Renard to Variance No . 4 System I 1 . The Company is requesting a change in the location of the character generator from Shakopee Community Services to the Public Access Studio. 2. The Company will be responsible for inserting public announce- ments on this character generator. System TI 1 . The Company is requesting a change in equipment from what was originally proposed in the ordinance . 2 . The Company is proposing the following equipment or equipment . of equal or better quality : Qty Model_j Description 1 MPO-2094 Micro System I Basic Processor Includes : KB2000 Keyboard MPC2000 Basic Processor 128 Page Memory (expandable to 256 pgs ) Clock/calender NOAA Crawl One ( 1 ) UDC w/Sync Memory Power Protection Capable of 8 channel expansion 3 KB2000 Remote Keyboard 4 Mod 3A 300 Baud Originate Modem 1 Mod 3P 300 Baud Auto Answer Modem 4 12" Color Monitor/Receiver 3 . The new equipment being offered is of equal and/or better quality than that which was originally proposed. 4 . All costs associated with the equipment listed in variance No. 4 or equipment of equal or better quality and any other incidental equipment that may be necessary to implement the system will be the responsiblity of the Company. 5 . The character generator will be located at the Shakopee Head End . 6 . One channel will be activated for character generator use as opposed to the original two channels. 7 . A series of messages being broadcasted over this character generator can be interrupted for special emergency announcements or cancellations. 8 . The Cable Company is responsible for providing the following equipment or equipment of equal or better quality and any other incidental equipment that may be necessary to connect future institutions any time after a one year period from the date of approvzl of this variance and a 60 day notice from the City: 1 - Remote keyboards - Model KB2000 1 - 12" color TV monitors 1 - Originate Modems - Model 3A Baud Originate Modem 9 . The Company guarantees that the equipment listed in assumption #8 or equipment of equal or better quality will be provided at some point in time and will be computable to the equipment being proposed and at no cost to the City. 10 . The Company will provide the following institutions with the equipment as proposed in the variance proposal or equipment of equal or better quality by July 30 , 1985 . Failure by the Company to comply within this time frame will subject the Company to a fine of $25 per day for each day that the character generator system is not operable . Shakopee Community Services Shakopee Area Catholic Schools Shakopee Senior High 11 . The Company will provide training to those groups receiving character generators and promote a users group. 12 . The Company understands that the City of Shakopee does have the option to activa',e one additional channel at any time in the future. The ccst of which would be the responsibility of the City. MEMO TO: Mayor, Councilmembers J ` FROM: Thomas Brownell , Chief of Police RE: 1985 Towing Contract DATE: March 28 , 1985 Introduction: On December 5 , 1984, Council authorized bids for the towing and storage of vehicles for the City. The 1984 contract expired on December 31, 1984. Two bids were received by the stated deadline of December 27 , 1984. Background: The two vendors submitting bids were the 1984 contractor, Tri-S Towing, and Koehnen' s Standard Service. Steve Hentges , Tri-S Towing, questioned two elements of the bid submitted by Les Koehnen, therefore, I have delayed recommending the awarding of the bid until due process was completed. 1. Mr. Hentges questioned Mr. Koehnen' s towing of large vehicles , whereby this type of towing would be sublet to another vendor. The City Attorney advises that the towing agreement does not address or prohibit the subletting of services , therefore, it cannot be used for the sole purpose of not awarding the contract to Mr. Koehnen. 2. Mr. Hentges questioned the zoning of property at 981 Bluff Avenue East where Mr. Koehnen intends to store impounded vehicles . On appeal Council approved usage of the property with conditions . The majority of the police towing involves type I towing. Attached you will find the actual bids and a comparison sheet. Recommendation: - Award the 1985 City Towing Contract to Lester Koehnen, 804 East 1st Avenue, Shakopee , MN. Council Action Requested: Award the 1985 City Towing Contract to Lester Koehnen, 804 East 1st Avenue, Shakopee, MN. TB : cah Attachment 12/27/84 11:00 a.m. KOEHNEN's TRI S 1. ) Towing Charges: Type I $28.50 $30.00 Type II 43.50 50.00 Type III 28.50 each truck 130.00 2. ) Towing of Large Vehicles 85.00 sublet 60.00 3. ) Storage Charges a. ) 1st 24 hours 1. ) Inside 10.00 10.00 2. ) Outside 5.00 6.00 b. ) Additional 24 hours 1. ) Inside 10.00 10.00 2. ) Outside 5.00 6.00 TOWING, IMPOUNDING , AND STORAGE OF MOTORIZED VEHICLES BID OPENING : December 27, 1984 11 : 00 A.M. City Hall , 129 East 1st Shakopee, Minnesota 1 . Towing Charges: Type I �� TowilY6 Cn6 Type II �j�S JDo(-LY /S, d act Type III 2 . Towing of Large Vehicles: 3. Storage Charges: a. First 24 hrs or fraction thereof 1 Inside storage / 0 C) 0, Fp0 , 2 Outside storage .,7 1� b. Each additional 24 hrs or fraction thereof 1 Inside storage -- 16 o 2 Outside storage e;-0 Signazure )C)q-Ij-F1 E 0 Company KOEHNEN'S STANDARD �sr�..ro l ECC EAST 1S'' V `-i e�A S"7' /Sr jW SHAKOPEE, WIIP!P! ; ::%� PH. 445-2sin( Address C TRI - S Steven M. Hentges Co. Inc. 1513 W. Third P.O. Box 142 Shakopee, Mn. 55379 Phone 1-612-445-7004 LIGHT DUTY WRECKER JANUARY 1, 1965 SMALL WRECt_:EF - Passenger cars, light duty vans, /4 ton pu. LOCAL TOWS - Shakopee City Limits. . . . . . . . . . . . . $30. 00 LOCAL TOWS - Chaska. Jordan, Prior Lake, Savage. . 5. CSC► Flatbed/foreign cars. . . . . . . . . . . . . . . . . . . . . . 40. 00 LONGDISTANCE-1 TON. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25. C►C>+ $. 75 PER mile round trip FLATBED-Motorcycles, car. etc, (1ocal ) . . . . . . . . . . . .-30. 00 HEAVY DUTY WRECV.ER LOCAL TOWS- Shakopee City Limits. . . . . . . . . . . . . . . 60. 00 LONG DISTANCE. . . . . . . . . . . . . . . . . . . . . . .hook-up. . . . 35.00 1 . 00/mi l e RECOVERY OF VEHICLES 1 ton Wreckers. . . . . . . . . . . . . . . $45. 00''hour 1 ton Flatbed. . . . . . . . . . . . . . . . . 45. 00/hour 2 1/2 ton Wrecker. . . . . . . . . . . . .60.00/hour 600 Holmes Wrecker. . . . . . . . . . . . 85. 00/hour 750 Holmes Wrecker. . . . . . . . . . . 100.00/hour Additional Man. . . . . . . . . . . . . . . ._'5. 00/hour Dollies. . . . . . . . . . . . . . . . . . . . . . . 20. (-')0 additional Transmission pins. . ... . . . . . . . . . 7. 50 additional Drive Line removal . . . . . . . . . . . . 15. 00 additional STORAGE RATES Car & PU storage. . . . . . . . . . . . . . 6. 00 outside Tractors. . . . . . . . . . . . . . . . . . . . . . 1(.).UG Trailers. . . . . . . . . . . . . . . . . . . . . . 1CG. C)o Storage rates charged by calendar days only 9a. m. to 9a. m. Light and Heavy Towing .+°f`"•'� ` CITY OF SHAKO EE 129 East First Avenue, Shakopee, Minnesota 55379 ,:� •Cys. � ..�11�'�: MEMO TO: John Anderson - Admi ni st rat or FROM: Jim Karkanen - Public Works SUBJECT: Capital Equipment Purchase - Park Dept . DATE: March 28 , 1985 INTRODUCTION: The 1985 budget provides for replacing the two 1968 tractor/mower uni t s f or t he Park Dept . The Council recently declared these purchases exempt from the Council imposed moratorium on Capital Equipment purchases quipmentpurchases because of the uncertainties in Revenue Sharing funding . BACKGROUND: The t wo 1968 Int ernat i onal -Harvest or Model 140 t ract or used f or mowi ng i n t he park syst em are schedul ed f or rep] acement t hi s year . We' re request i.ng permi ssi on t o obt ai n quot at i ons t o purchase and replace these tractors before the heavy mowing season begins . We do plan on trading in the older tractors in this transaction . Gregg Voxl and informs me that we can obtain sealed quotations for t hi s expenditure , providing that we keep the purchase price under $15 , 000. I have contacted various vendors , and have received assurances that t hi s purchase wi 1 I be under t he requi red amount wi t h our t rade-i ns . Our speci f i cat i ons are di rect ed t oward t he same t ype of t ract or whi ch we purchased in December f or t he Park Dept . The new tractors , however, will be one model size smaller , and won' t be furnished with front wheel drive , nor furnished with cabs . We have .-been well satisfied wi t h t he perf ormance of t he Ford t ract or whi ch we purchased t hi s past winter with the rink maintenance activities . We have 2 new Woods 72" mower decks in our inventory , and will require the successful bidder to provi de mounting kits and install the mower decks on t he new tractors , and deliver them to us in working condition . I t is our intention to open the seal ed quotations on April 15 , t abul at e t hem at t hat t i me , and present t hem t o t he Counci 1 f or the Apri 1 16t h 1985 meet i ng f or possi bl e award . Hopefully , we should have the new tractors on the job when the mowing season begins , traditionally , on the 2nd week in May . ALTERNATIVES: 1 . Obtain sealed quotations for the 2 new park tractors . 2 . Include the pending tractor purchase on the Council imposed moratorium until the Revenue- Sharing quest-ions-are--resolved .- 3 . esolved3 . Advertise for sealed bids instead of obtaining quotations . 4. Not purchase the park tractors . RECOMMENDATION: Alternative # 1 . Obtain sealed quotations for the park tractors . ACTION NEEDED: Authorize the Public Works Dept . to obtain sealed quotations for purchasing 2 new park tractors according to s-peci f i cat i ons submi t t-ed REQUEST FOR QUOTATIONS !1 f or t wo ( 2) park t ract ors f or Park Dept . Cl TY OF SHAKOPEE Publ i c Works Dept . NOTICE IS HEREBY GIVEN: The City of Shakopee , Minnesota wi 1 1 receive quot at i ons at t he Publ i c Works Dept . of f i c at 500 Gorman St . Shakopee , Minnesota , 55379 until 2: 00 PM CST on Monday , April 15th , 1985 for two ( 2) new 2 wheel drive utility tractors according to the specifications submitted . The City of Shakopee reserves the ri ght t o t o rej ect any and al 1 quot at i o and t o wai ve any i of ormal i t i es or irregularities herein as they deem t o be in the best i nt erest of t he City . INTENT: It i s t he i nt e n t of these specifications to describe a 2 wheel drive utility tractor delivered to the City of Shakopee . Current production models only shall be quoted and furnished i n the proposal . All parts not specifically mentioned within these specifications which are required for a complete unit and necessary for safe operation shall be furnished . I t shall be equipped with the equipment and accessories which are included as standard in the advertised and published literature for the unit . DELIVERY: The units shall be delivered complete and ready for operation t o t he Publ i c Works Dept . , 500 Gorman St . Shakopee , Minn . Bidder shall state approx . delivery date in his proposal . TRADE-IN: The City is offering as a trade-in , 2 1968 International Harvest or Model 140 tractors , complete with Woods 72" mowing decks installed . These tract ors are identified as: Uni t #131 Ser . # 38520 J Unit #132 Ser . # 38523 J The successful vendor shall have possession of these units upon delivery of the new units . MANUALS: The successful vendor shall furnish the City with: 2 Operators manuals Lube charts 2 Parts manuals 2 Set s of Servi ce and Repai r manual s ATTACHMENTS: The vendor is to provide and i n:.I al 1 the complete mount i ng ki i s t o adapt your t ract or t o t he mower units which wi 1 l be provided by .the City , and delivered to your location when needed for installation . The 2 ( two) mower decks to be provided by the City are described as: 2 - Woods Model L 306 AH ( 72") decks , which are equipped with spindles , blades and pulleys . The vendor i s t o provi de t he necessary mount i ng ki t s , belts , guide wheels , and shoes , and any other equipment needed to place these tract ors/mowers in complete working condition . CITY OF SIIAK0I11:1? Publ i c Works Dept Speci f i cal i ons for park tractors ENGINE: To be a 3 cylinder diesel engine with a minimum displacement of 85 cu . inches and a minimum of 23 PTO rated horsepower at 2700 RPM. This engine shall be furnished with a cold start aid , air cleaner and full flow oil filter . TRANSMI SSI ON: To have mi ni mum 12 forward speeds and 4 reverse speeds with a synchronized manual shut t 1 e . POWER STEERI NG: To have power steering on f ront wheels . FRONT AXLE: To be an adjustable , oscillating type . D1 FFERENTI AL LOCK: Must have a rear wheel differential lock-foot operated . HYDRAULICS: To have I i ve hydraulic system with a minimum pump capacity of 8. 0 GYM. Must have front pump capability. PTO: To have a live over running clutch PTO ( 540 RPM) I ocaI ed of t fie rear of t fico I racl or. BRAKES: Indi vi dual. ri ght and l of t rear wheel brakes pl us lockdown for parking brakes . 3 POINT HITCH: Supply a Category 1 , 3 point hitch and provide an extendable drawbar. w ► ELECTRICAL SYSTEM: To be 12 volt starting with highway lights and turn signals with flashing warning , and rear I i ght s . The alternator shall be a minimum of 35 amps . I NTRUMENTS: Speed/hour meter , oil pressure . water temperature , alternator light gauges to be provided . T1 RES: Front - 23 x 8.50-12 turf type . Rear - 13 . 6 x 16 R3 turf type . GENERAL: ( provide) Fenders Padded luxury seat with suspension . . Slow moving Emblem instal 1 ed Hand and foot throttle Rollover ( ROPS) protection with seat belt . Manufacturers standard warranty MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment to the Planning Commission DATE: March 28 , 1985 Introduction & Background Three nominations have been made to fill the unexpired term on the Planning Commission: George Realander , David Pomerenke and Jim O'Brien. The attached memo from the City Attorney addresses the question of residency raised at the last Council meeting. Action Recommended 1. Conduct election. 2. Appoint to the Planning Commission to fill the vacancy created by the resignation of Beverly Koehnen through January 31, 1986. JSC/jms JULIUS A. C0LLER,7II JULIUS A.COLLER ATTORNEY AT LAW 612-445-1244 1859-1940 2 1 1 WEST FIRST AVENUE SHAKOPEE, MINNESOTA 55379 MEMO To: City Council, John K. Anderson, City Administrator and Judy Cox, City Clerk From: Julius A. Coller, II, City Attorney RE: Residency Requirements of Board and Commission Date: March 25 1985 JI INTRODUCTION During the Council Meeting of March 19, 1985 the question of Residency Requirements of people for prospective members of City Boards and Commissions, other than Utility Commission, was raised and discussed and the attorney's informal opinion was requested. The opinion was that residency was not mandatory requirement for such membership. A formal opinion was requested. BACKGROUND Residency is a matter of fact to be determined by the Council in the first instance and formerly it generally was a pre-requisite to be hired as an employee or appointment to a non-elective office or position in the City. Today courts are more reluctant to uphold residency requirements than they were formerly, but, if the City can recite a reasonable argument that municipal interests somehow require that all City employees or that certain kinds of employees live within the City boundaries, the Courts probably will not interfere. This is true especially if the requirement is a rational one. The requirement that a police officer or a fire fighter reside in the City would in all probability be upheld since the compelling interest test can probably be met by pointing out factors such as response time to an emergency call. The Minnesota Supreme Court has upheld residency requirements if there is a rational or such a requirement, but is increasingly hesitant without a compelling reason to sustain residency requirements. In plain English, it boils down to the question of whether a residency policy is in the best interest of the City and this is true because residency requirements will substantially diminish the pool of interested and qualified potential committee members and employees and in the case of a smaller community this becomes important. One further matter to be considered and that is residency requirements could discriminate against minority groups and the minute a minority is discriminated against the City faces the possibility of anti-discrimination litigation. ALTERNATIVES In the matter now under consideration our City Code provides the answer. Section 2.50 in part provides that all Board and Commission members, except Utility members shall be residents of the City except such as the Council deems more representative. In other words, the member shall be a resident of the City unless the Council considers in any given instance that a non.-resident would be more representative,or in other words, more capable or more suitable. RECOMMENDATION There is no mandatory resident requirement. The Code apparently favors a resident but leaves the door wide open to the appointment of non-resident. MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for On-Sale 3. 2 Beer License by Pizza 'n' Pasta DATE: March 28 , 1985 Introduction and Background Application has been received asked for an on-sale 3 . 2 beer license by LA and DJ Partnership dba Pizza 'n' Pasta, _584 Marschall Road. The application and insurance certificate are in order. Minor changes are required yet to the surety bond and shall be in order by Tuesday. If not in order , I shall ask that the application be tabled. Alternatives 1. Approve 2. Deny Recommendation Approval Action Recommended Approve the action and grant an on-sale 3 . 2 beer license to LA and DJ Partnership, dba Pizza 'n' Pasta, 584 Marschall Road, effective April 15 , 1985 . JSCJjms PL" MEMO TO : John K. Anderson, City Administrator FROM: Judith S . Cox, City Clem RE: Richard ' s Pub Violation �J DATE : March 29 , 1985 INTRODUCTION: On March 5th, Council scheduled a formal hearing for April 2, 1985 , at 9 :00 pFirstoAvenue,leonthe Novemberalleged 21,violations and Februaryr114, 1 911 East 985. BACKGROUND : The City Code requires 15 days written notice to the licensee served in person or by certified mail prior to the hearing. The letter was mailed from city hall on March 8th. The post office attempted to deliver the letter and left a notice that there was a certified letter at the post office on two occasions, March 9th and March 13th. (There is no one at the licensed address at the hour the postman delivers mail fied in this area. ) A representative of the licensee did p ' P letter on March 21st which does not allow 15 days between March 21st and April 2nd. In addition to the delay in receiving the notice, the president and sole owner of the lfctheehearing date tonlyofirverdaysl (fromtMarchil r28th8th so has actually known o to April 2nd) . After consulting with Mr. Coller, the -City Attorney, I learned that the hearing could take place on April 2nd if the licensee would sign a waiver from the 15 day notice requirement. When explaining the situation. to the licensee on March 28th, I gave him the option of goThe licead with the hearing. on April 2nd or rescheduling it7for b May 77th.of the short time preferred rescheduling the hearing for May. I advised period between March 28th and April 2nd, if that was okay. the licensee that he had every right to ask that the hearing be rescheduled and that it would therefore ALTERNATIVES : 1] Hold hearing April 2nd - not legal - no 15 day notice 2] Reschedule hearing for May 9th 3] Dispense with hearing RECOMMENDATION: Alternative number two. ACTION REQUESTED : Reschedule a formal hearing for May 7, 1985 at 9 :00 p .m. to consider the alleged violations of Richard ' s Pub, 911 East First Avenue , on November 21, 1984 and February 14, 1985. (Notice will be by police officer) j �t MEMO TO: Mayor and City Council FROM: John K. Anderson , City Administrator RE : Industrial Revenue Bond Evaluation Criteria DATE : March 26 , 1985 Introduction City Council , at its regular March 19 , 1985 meeting , reviewed and discussed a staff memo regarding the above mentioned subject. After considerable discussion Council directed staff to draft some Industrial Development Bond ( IDB) guidelines or criteria incompassing elements of alternative No . 1 , 2 and 4 in my attached memo of March 8 , 1985 . Review of IDB Policies and Critiera Used in Neighboring Communities Alternative No. 1 (Type of development) : I have reviewed the IDB policies of the City of Bloomington , Burnsville , Minnetonka and Brooklyn Park . The critiera used by the City of Bloomington and listed under section No. 4 entitled priority on page 4 of their policy establish screening criteria for IDB entitlement applications based upon the type of development . Their criteria for the type of development were adopted after the State passed the new IDB allocation formula . The Bloomington Finance Director told me that they worked well in 1984 and there are no plans to change them. None of the other cities established criteria or policy priorities based upon the type of develop- ment . Alternative No. 2 ( Ratio of jobs created vs . IBD ' s requested ) : The policy of the four cities reviewed included no specific statements establishing definite ratios of job created per thousand dollars of IDBs requested or tax base created per thousand dollars of IDBs invested . Both the Finance Director from Bloomington and the Assistant City Manager from Burnsville stated their City Councils intentionally wrote their policies to be nonspecific regarding these items . The City of Bloomington under section No. 1 entitled criteria paragraph B has one simple sentence stating , "new businesses locating in Bloomington must show relatively substantial new employee and tax base being generated by the project" . Neither Bloomington nor Burnsville has ever turned an applicant down, because of a poor ratio of jobs or tax base created compared to the IDBs granted . Both cities however, do review these criteria and consider them an important part of the application process . of Attachment #1 provides 12 pages of tables and graphs that illustrate the type of development receiving IDBS in 1984 and the jobs created per $100 ,000 in IDBS issued . Alternative No . 4 (Minimum equity requirement) : One of the four policies reviewed included a written minimum equity requirement for IDB funding , the City of Minnetonka ( items #5 , 6 and 7 on Attachment No . 2) . The City of Bloomington , according to their Finance Director , had a 15% minimum equity requirement in their previous policy. The 15% was removed when an excellent applicant with superb financial credentials was able to put together a project with no money down that received approval from the financial institutions backing the project . The City of Burnsville , likewise , had a 10% minimum equity clause in their earlier policy. The 10% no longer appears in writing in their current policy , but the Assistant City Manager indicated that it is something the Council looks for informally . Sample Policy and Critiera from Other Communities The City of Bloomington policy and critiera are attached (Attachment No . 3) for Council ' s review. In addition , a summary cover memo indicating the five key criteria in the Burnsville policy is attached (Attachment No . 4) . It seems that the Bloomington policy is very straight forward and would fit Shakopee reasonably well . The policies from the other communities are on file and Council- members can contact me if they would like a copy of one or more of the policies . I might add that the City of Burnsville has an excellent pre-meeting development checklist that I think we will be able to use internally in processing our IDB applications. Alternatives 1 . Adopt the Bloomington critiera as is . 2 . Adopt the Bloomington criteria and add specified minimums for jobs created and tax base created per thousand dollars of industrial development bonds issued . 3 . Adopt the Bloomington critiera and add a criteria establishing a minimum 10-15% equity requirement . 4 . Adopt a policy that combines alternatives No . 1 - 3 above . Recommendation I recommend alternative No . 1 because communities with much more experience than Shakopee have elected to be non-specific on the ratio of jobs and tax base created per thousand dollars of industrial development bond issued , and non-specific regarding a minimum equity requirement for IDB applicants . Action Requested Pass a motion directing City staff to draft Shakopee Policies and Critiera for the review of municipal industrial development financing applications in resolution form that adopts in total the City of Bloomington ' s policy of the same name . JKA/jms INDUSTRIAL REVENUE BONDS AUTHORIZED 1970-1984 1 .4 - 1 .2 - in .41 .2i 1 oc 3 H 0 0.8 0 0.7 y z 0.6 0 0 0.5 - m 0.4 - 0.3 - 0.2 - 0.1 .40.30.20.1 0 , u 1 /000 0 70 71 72 73 74 73 76 77 78 79 80 81 82 83 84 YEAR ® Industrial ® Pollutlon ® Commsralal INDUSTRIAL REVENUE BONDS ISSUED IN MINNESOTA* 1984 Pollution Control/ Manufacturing Commercial Solid Waste Total Metropolitan Area Issuers $73,724,569 $697,544,150 $193,350,000 $964,618,719 Non Metropolitan Area Issuers 56,335,000 58,857,300 44,315,000 159,507,300 Department of Energy and Economic Development 4,410,000 — 510,000 4,920,000 STATE TOTAL $134,469,569 $756,401 ,450 $238,175,000 $1 ,129,046,019 * These figures do not include those revenue bonds issued for student loan financing or those bonds issued solely for the refunding of existing bonds. ti INDUSTRIAL REVENUE BONDS ISSUED BY METRO LOCAL JURISDICTIONS f/ 1984 JURISDICTION MANUFACTURING COMMERCIAL POLLUTION CONTROL Anoka $560,000 (1)* Arden Hills 235,000 (1) Blaine $535,000 (1) 1,495,000 (2) Bloomington 1,350,000 (1) 50,300,000(11) Brooklyn Park 4,980,000 (2) 24,000,000 (4) Burnsville 20,450,000 (8) Chaska 5,161,569 (4) Circle Pines 750,000 (1) Columbia Heights 600,000 (1) Coon Rapids 4,930,000 (4) Crystal 6,000,000 (1) Eagan 735,000 (1) 500,000 (1) Eden Prairie 3,450,000 (2) 11,365,000 (6) Falcon Heights 1,400,000 (1) Forest Lake 1,200,000 (1) Fridley 9,390,000 (2) 8,720,000 (2) Golden Valley 16,600,000 (2) Hastings 2,400,000 (1) Hennepin County** $ 134,500,000 (1) Hopkins 300,000 (1) Lakeville 2,000,000 (2) Little Canada 1,340,000 (2) Long Lake 1,000,000 (1) Maple Grove 2,575,000 (2) 1,650,000 (1) Maple Plain 1,000,000 (1) Maplewood 11,200,000 (3) Medina 2,700,000 (1) Mendota Heights 2,300,000 (1) Minneapolis 2,475,000 (2) 162,030,000(22) Minnetonka 7,450,000 (1) New Brighton 2,025,000 (2) 7,200,000 (2) New- Hope 2,300,000 (1) North St. Paul 900,000 (1) Norwood 1,500,000 (1) Oakdale 6,500,000 (1) Plymouth 2,500,000 (1) 5,000,000 (1) Prior Lake 700,000 (1) Ramsey/Washington Counties** 27,700,000 (1) Richfield 51900,000 (1) Robbinsdale 7,500,000 (1) Rosemount 1,200,000 (1) 26,950,000 (1) Roseville 5,000,000 (1) 900,000 (1) St. Louis Park 50,414,150 (7) St. Paul 10,315,000 (4) 174,435,000(19) 4,200,000 (1) Savage 350,000 (1) Shakopee 90,515,000 (2) South St. Paul 1,350,000 (1) Spring Lake Park 2,800,000 (1) Stillwater 5,980,000 (3) Vadnais Heights 1,500,000 (1) Washington County 375,000 (1) West St. Paul 3,200,000 .(2) 1,100,000 (1) White Bear Lake 2,783,000 (1) Woodbury 2,900,000 (1) TOTAL $73,724,569 $ 697,544,150 $193,350,000 *Figures in parentheses indicate number of issues. **Solid waste project INDUSTRIAL REVENUE BONDS ff ISSUED BY NONMETRO LOCAL JURISDICTIONS 1984 JURISDICTION MANUFACTURING COI-IMERCIAL POLLUTION CONTROL Albert Lea $2,800,000 (1)* Albertville 1,110,000 (2) Arlington 270,000 Austin $1 ,724,000 (1) Baxter 12,195,000 (2) Becker 550,000 (1) $32,500,000 (1) Bemidgi 2,495,000 (1) Blue Earth County 600,000 (1) Buffalo 1,913,300 (1) Cambridge 760,000 (1) 550,000 (1) Clearbrook 250,000 (1) Cold Spring 5,000,000 (1) 300,000 (1) Crow Wing County 450,000 (1) Delano 1 ,600,000 (2) Detroit Lakes 11500,000 (1) Duluth 4,500,000 (2) East Gull Lake 1,500,000 (1) Elk River 3,200,000 (1) Erskine 2,250,000 (1) Fairmont 1,000,000 (1) Frankfort 11000,000 (1) Hutchinson 600,000 (1) International Falls 11,815,000 (1) Lake City 1,200,000 (1) LeSeuer 4,100,000 (2) Little Falls 1,346,000 (1) Madelia 400,000 (1) Mankato 5,000,000 (1) 9,899,000 (3) Melrose 3,000,000 (1) Milaca 400,000 (1) Monticello 475,000 (1) Moorhead 325,000 (1) Mora 1,210,000 (1) Mountain Iron 600,000 (1) North Mankato 3,500,000 (2) Owatonna 3,500,000 (1) Park Rapids 650,000 (1) Plainview 1,700,000 (1) Preston 685,000 (1) Red Wing 3,260,000 (1) Springfield 500,000 (1) St. Cloud 3,000,000 (2) 3,200,000 (1) Staples 935,000 (1) 150,000 (1) Stearns County 3,000,000 (2) Two Harbors (IRRRB) 10,000,000 (1) Waite Park 1,000,000 (1) Winona 1,850,000 (2) 1,990,000 (4) Yellow Medicine County 100-QOO (1) Total Non-Metro Issuers $56,335,000 $58,857,300 $44,315,000 *Figure in parentheses indicates the number of issues. n 11� INDUSTRIAL REVENUE BONDS ISSUED BY THE DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT 1984 LOCATION OF PROJECT PROJECT TYPE AMOUNT Arlington Pollution Control $510,000 Bloomington Manufacturing 900,000 Frankfort Township Manufacturing 11000,000 New Hope Manufacturing 500,000 Northfield Manufacturing 750,000 Rogers Manufacturing 260,000 Stanchfield Township Manufacturing 11000,000 TOTAL $4,920,000 TYPE OF IRB BY ISSUE STATUS 1984 700 - 600 - 500 a 400 c c o 300 - 2 0 0 00200 1100 - 0 ENTITLEMENT COMPETITIVE POOL EXEMPT/GRANDFATHERED ® Mftg ® Com ® Med ® Enmf ® PC/SW INDUSTRIAL REVENUE BONDS ISSUED IN 1984 BY TYPE OF ISSUE TYPE OF ISSUE METRO AREA NON-METRO AREA TOTAL STATE Manufacturing/General $43,173,000 $31 ,930,000 $75, 103,000 Manufacturing/Warehouse 17,366,569 2,380,000 19,746,569 M Manufacturing/Equipment 8,700,000 7,500,000 16,200,000 Manufacturing/Office 19,145,000 5,950,000 25,095,000 New Office Building 105,289,150 700,000 105,989,150 Commercial Renovation 63,920,000 500,000 64,420,000 Retail 79,300,000 42,717,300 122,017,300 Warehouse/Distribution Center 41 ,245,000 4,239,000 45,484,000 Parking Ramps 18,310,000 0 18,310,000 Hotel/Motel and Conference Center 88,750,000 2,600,000 91,350,000 Day Care 1,715,000 0 1,715,000 Office/Retail 30,700,000 0 30,700,000 Miscellaneous Commercial 11000,000 2,495,000 3,495,000 Hospital Construction 106,235,000 1,000,000 107,235,000 Hospital Equipment 2,415,000 650,000 3,065,000 Nursing Homes 32,000,000 4,281 ,000 36,281 ,000 Entertainment 124,665,000 0 124,665,000 Pollution Control 31 ,150,000 44,825,000 75,975,000 Solid Waste Management 162,200,000 0 162,200,000 $977,278,719 $151 ,767,300 $1,129,046,019 INDUSTRIAL REVENUE BONDS BY TYPE 1984 SOLID WASTE (14.4%) MANUFACTURING (12.1%) POLLUTION CON (6.7NEW OFFICE (9.49K) 90 COM RENOVATE (5.7x) ENTERTAIN (11 .0%) RETAIL ( 10.8%) NURSING HOMES (3.290 HOSPITAL CNST do EQ (9.8X) WAREHOUSE (4.09x) OTHER COMMERCIAL (4.890 HOTEL (8.1 X) INDUSTRIAL REVENUE BONDS BY TYPE 1983 SAMPLE ENTERTAIN (6.2911) NURSING HOMES (3.79K) MANUFACTURING (13.99K) HOS CNST do EQ (12.0%) NEW OFFICE (12.7X) OTHER COM (13.8916) COM RENOVATE (15.6X) HOTEL (5.4x) WAREHOUSE (4.390 RETAIL (12.3X) r JOBS CREATED BY TYPE OF ISSUE 1984 TOTAL BONDS JOBS JOBS PER TYPE OF ISSUE ISSUED CREATED $100,000 Manufacturing/General $75,103,000 2,506 3.34 Manufacturing/Warehouse 19,746,569 673 3.41 Manufacturing/Equipment 16,200,000 209 1 .29 Manufacturing/Office 25,095,000 633 2.52 New Office Building 105,989, 150 3,769 3.56 Commercial Renovation 64,420,000 2,221 3.45 Retail 122,017,300 3,895 3. 19 Warehouse/Distribution Center 45,484,000 1 ,651 3.63 Parking Ramps 18,310,000 1 0.01 Hotel/Motel and Conference Center 91 ,350,000 1,455 1.59 Day Care 1,715,000 51 2.97 Office/Retail 30,700,000 1,069 3.48 Miscellaneous Commercial 3,495,000 98 2.80 Hospital Construction 107,235,000 172 0. 16 Hospital Equipment 3,065,000 0 0.00 Nursing Homes 36,281 ,000 39 0. 11 Entertainment 124,665,000 2,158 1 .73 Pollution Control 75,975,000 53 0.07 Solid Waste Management 162,200,000 130 0.08 $1,129,046,019 20,783 1.84 INDUSTRIAL REVENUE BONDS ISSUED BY MONTH* 1984 NUMBER OF AMOUNT OF NUMBER ISSUES ISSUES January 3 $8,150,000 February 2 3,050,000 March 3 9,085,000 April 2 959,000 May 7 14,863,300 June 8 21,140,000 July 6 13,725,000 August 11 40,890,000 September 8 19,740,000 October 34 238,091,000 November 30 157,015,000 December 130 602,337,719 TOTAL 244 $1,129,046,019 1985 Cametitive Pool Activity Date Issuer Points Tye of,Project Allocations Balance 1-2-85 $104,820,000 1-5-85 Anoka County N/A Water/Energy $48,500,000 Chaska 7 Industrial 4,000,000 Chaska 6 Campscial 1,250,000 Long Lake 5 Cannercial 2,400,000 Long Lake 5 Industrial 1,200,000 North Branch 5 Industrial 1,250,000 Paynesville 6 Ca=ercial 250,000 Pelican Rapids 8 Industrial 2,500,000 Roseville 7 Cannrrci.al 3,800,000 _St. Charles 11 Industrial 1,000,000 Waconia 7 Industrial 1,150,000 37,520,000 2-5-85 Crosby 7 Catmercial 1,500,000 - Northfield 7 Camprcial 2,000,000 Rockford 8 Industrial 3,000,000 Robbinsdale 6 Cam-ercial 8,500,000 22,520,000 ATTACHMENT NO. 2 _ COUNCIL POLICY 1 - 17 INDUSTRIAL REVENUE BONDS Effective Date : August 6 , 1984 COUNCIL POLICY REGARDNG TAX EXEMPT FINANCING FOR INDUSTRIAL, COMMERCIAL , AND HEALTH CARE PROJECTS ( IDRB) The purpose of this policy is to set forth the factors which guide the City Council in the consideration of applications for tax exempt financing ( IDRB) for industrial , commercial and health care projects in the City, authorized under the provisions of the Minnesota Municipal Industrial Development Act , Minnesota Statutes , Chapter 474 (Act ) . This policy does not apply to tax exempt financing for housing projects under State or Federal law. STATEMENT OF POLICY Mandatory Standards Applications shall meet the following standards to be otherwise eligible for consideration: 1 . At the time of any application for a guide plan amendment , rezoning or site plan approval for a project , whichever occurs first , the applicant must divulge that IDRB financ- ing will be requested. 2 . The project must meet the objectives of and be otherwise consistent with the Act and any other controlling laws . 3 . The projects must be compatible with the Comprehensive Guide Plan and the development plans and objectives of the City. 4 . The project application must be for more than $500 , 000 . 5 . A project application requesting a public o ring must have security resulting in at least an AA rating------------------- . --- - - 6 . A__project application must demonstrate equi articipa- ' tion of at least 10% of the total project cost fn---,the form of cast or depreciable assets . 7 . A project must not be speculative , i . e . , i ust either be for the applicant ' s sole use or 60% of the s-quare footage must be pre-leased. INTER—OFFICE CORRESPONDENCE ATTACHMENT NO. 3 DATE: March 26, 1985 TO: John Anderson, City Manager, Shakopee FROM: Duane Shuck, Assistant Director of Staff Services, Bloomington SUBJECT: IDB Policy and Criteria The attached IDB Policy is the result of much analysis and thought - and several changes since it was originally developed in 1978 - designed to protect the City and individual bond holders and yet allow for the reasonable issuance of bonds. The City originally required a 15% equity contribution but has since dropped that provision feeling that the underwriting community is in a better position to deter- mine the financial capability of the developer and the project, and will require whatever equity they deem necessary to protect their and/or the bond holders invest- ment. One other important factor is that we require all bonds to be rated "A" or better (1.g. ) in order to be issued. This may be accomplished by a Letter of Credit from a financial institution that is rated A or better. The City collects a fee as set forth in 3.b. with 1/2 of the total fee (but not less than $1,500) paid at the time of application and is non-refundable. The balance is due prior to the approval of the final resolution. The final Section, 4. Priority, was developed in 1984 to recognize the limitations of issuance amounts created by federal and State legislation. We have prioritized projects so as to give some advantage to those projects considered to be of partic- ular benefit to the community, rather than go strictly on a first-come-first-serve basis. No major problems have developed from these policies, and no changes are contemplated at this time. If you have further questions, give me a call . CITYOFBLOOMINNGGTON Duane C. Shuck Assistant Director of Staff Services DCS/cp Attachment CITY OF BLOOMINGTON, MINNESOTA POLICY AND CRITERIA AS TO THE REVIEW OF MUNICIPAL INDUSTRIAL DEVELOPMENT FINANCING APPLICATIONS GENERAL The City of Bloomington is granted the power to issue revenue bonds and mortgages under Chapter 474, Minnesota Statutes (the "Act"). The Bloomington City Council , being aware that such financing may prevent the emergence of blighted land, excessive unemployment and the need for redevelopment financing from the State and Federal governments, has expressed its support for the use of such financing but has reserved the right to approve or reject projects on a case-by-case basis. The following criteria have, therefore, been developed as a guide for review of applications: 1. Criteria a. The project is to be compatible with the overall development plans and objectives of the City and of the neighborhood in which the project is located. b. New businesses locating in Bloomington must show relatively substantial new employment and tax base being generated by the project. c. Locating in areas of the City that the City wishes to develop, redevelop, or which in any way complements any development plans or policy of the City, will constitute a prime purpose under these guide- lines. It is also the City's intent to assist in business expansions or relocations within the City where it can be shown that such would have a substantial , favorable impact on employment or tax base, or both. d. It is the City's intent to assist new or existing businesses in the acquisition of existing facilities, where such acquisition will main- tain the stability of the tax base, or of employment, or both, and pro- vided that not less than 15% of the project cost is to be used for rehabilitation of the existing facility. e. The project must not put a burden on existing City services or utili- ties beyond that which can be reasonably and economically accommodated. f. The applicant (and/or the lessee in the case of property to be leased) must have a good financial standing, show a substantial net worth, or equity in the project, or both, and have an acceptable earnings history or pro forma. Projects are to show in the application for financing an owner equity or other collateral (such as a bank Letter of Credit, a Bankers Acceptance, Pledge of a Certificate of Deposit, insurance company guarantee, or similar security) which will be satis- factory to the end-lender or rating agency, all determined with reference to total project costs, and applicant is to file with the City, if requested, a final statement of total costs and project equity, certified to by an authorized officer or partner, or the individual applicant, said statement to be filed at time of requesting the Final Resolution. g. The method of the tax-exempt financing (e.g. , a mortgage versus bonds) will be a consideration, and is to be related to the nature and feasi- bility of the project and to the overall financial ability of the applicant. The City will not entertain applications proposing to use tax-exempt denominational ID bonds (whether for sale to a limited group of so-called sophisticated investors or to the general public) as opposed to a tax-exempt mortgage unless the applicant's debt securities (or the debt securities of a majority tenant - with a lease term equal to the loan term) are rated A or better by a generally recognized rating agency. h. Applications for acquisition of or replacement of machinery and equipment will be discouraged unless in conjunction with a totally new business in Bloomington, a physical plant expansion of an existing business, or where it is shown that the equipment acquisition is essen- tial to the continued operation of the business in Bloomington. Also, it is the City's intent to assist where possible in the acquisition of pollution control equipment for any new or existing business being required to meet mandated standards. i . A further permitted use under these guidelines are projects, whether profit or nonprofit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities, but only when the following findings can be made: (1) Number of new jobs and related payroll is relatively significant. (2) The project would provide a facility or service, or expansion thereof considered desirable or necessary from a community ser- vices standpoint. (3) The project application also meets requirements of paragraphs a, e, f and g of these guidelines. j . Financing cannot be provided for any project where 25% or more of the proceeds are to be used for the purchase of land. 2. Procedures a. The applicant must not commence any part of the construction of the project until there has been preliminary approval by the Council of the application for financing. b. The applicant shall make an application for financing on forms available from the Department of Staff Services of the City of Bloomington. The completed application is to be returned to the Director of Staff Services, accompanied by the processing fee, whereupon the application will be forwarded to the Economic Development Commission for review and such Commission shall forward a recommen- dation to the City Council . Specific findings shall be made and recited regarding the criteria as well as satisfaction of public purposes of the Act. c. The application cannot be considered by the City until tentative City Code findings and requirements have been made with respect to zoning, building plans, platting, streets and utility services. -2- d. The applicant shall submit a timetable for completion of the project as part of the application and any apparent major deviation from that timetable will automatically cause the application to be brought back to the City Council for review. This timetable must relate to the State timetable for entitlement and pool allocations. The financing must be completed within the calendar year for which application is made. e. The applicant is to select qualified financial consultants and/or underwriters, as well as legal counsel , to prepare all necessary docu- ments and materials. The City may rely on the opinion of such experts and the application shall be accompanied by a financial analysis (pro forma income statement, debt service coverage, mortgage terms, etc.) by the underwriter as to the economic feasibility of the project and the underwriter's ability to market the financing. Financial material sub- mitted is to also include most recent fiscal year-end, audited, finan- cial statements of the applicant and/or of any major lessee tenant, if readily available. f. Further, in the case of the tax-exempt mortgage placements, the applicant will be required to furnish the City, before passage of the Final Resolution, a comfort letter (but not necessarily a letter Of commitment) from the lending institution, to the affect that said lending institution has reviewed the economic feasibility of the project, including the financial responsibility of the guarantors and find that, in their professional judgment, it is an economically viable project. g. The applicant shall furnish along with the application, a description of the project, plat plan, rendering of proposed building, etc. , and a brief description of the applicant company, all in such form as shall be required at the time of application. Such of this data as necessary may be furnished to members of the City Council and the City's Economic Development Commission for background information. h. The applicant shall be required to pay the 1% deposit as specified in the State Allocation Plan, when and if required in order to request or maintain an allocation subsequent to the August 1 or August 31 dead- lines in the State Allocation Plan. (This deposit is refundable upon completion of financing.) 3. Administrative a. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to adopting the final resolution authorizing issuance of the industrial development financ- ing. b. The City is to be reimbursed, and held harmless, for and from any out-of-pocket costs related to the actual or proposed issuance of the bonds. In addition, a processing charge (fee) will be due the City (with 1/2 [but not less than $1,500] to be submitted with the applica- tion, and which will be non-refundable, and 1/2 due just prior to the City Council acting on the Final Resolution) , all based on the fo-llowing schedule: On the first $5,000,000 . . . . $1.00 per $1,000 On portion in excess of $5,000,000 . . . $ .50 per $1,000 -3- c. All applications and supporting materials and documents shall remain the property of the City. Note that all such materials may be subject to disclosure and/or public review under applicable provisions of State law. d. The Department of Staff Services shall , at least once each year, pre- pare a summary cumulative report of all project applications submitted for that year and cumulatively to that point in time, and such report shall include: (1) Total number of applications processed. (2) Total number and dollar volume of projects. (3) Amount of tax base provided. (4) Number of new jobs provided. (5) Amount of annual payroll generated. (6) Default information, if any. 4. Priority a. Provided that an application meets all requirements of Sections 1 and 2 of these Policy guidelines, it will be assigned to a priority group as follows: Group 1 - Those projects which are located in a redevelopment district; or, are of a manufacturing or research type of use. Group 2 - Those projects which are located in a development district. Group 3 - Those projects which are located in a zone where manufac- turing is a permitted use. Group 4 - All other projects. b. Group 1 projects are considered to be of highest priority and applica- tions of Group 1 projects will be submitted to the City Council for consideration as they are received. c. Groups 2, 3 and 4 project applications received prior to April 30, will be held and submitted to the City Council in May for consideration. d. Groups 2, 3 and 4 project aplications received May 1 through July 31 will be held and submitted to the City Council in August for con- sideration. e. All project applications received on or after August 1 will be sub- mitted to the City Council for consideration as they are received. -4- I Adopted by City Council - 4/10/78 Revised complete Policy and Criteria - 6/12/78 Sections 1 c. , 1 g. and 1 h. amended - 4/09/79 Sections 1 b., 1 c. , 1 f. , 1 g. and 2 e. amended 11/19/79 Section 1 i . added - 10/15/80 Section 1 f. and 1 g. amended - 4/27/81 Section 1 f. amended - 8/02/82 Section 1 f. amended - 7/25/83 Section 1 d. amended, 1 j. added, 2 d. amended, 2 h. added and Section 4 added - 7/30/84 -5- ATTACHMENT NO. 4 City 0f BURNSVI LLE MEMO t.hJV DATE: February 8, 1985 TO: `favor and City Council FROl\1: `iichael L. Falk SUBJECT: Industrial Revenue Bond Finance - Status and Criteria for 1985 Included for your review is a copy of the recap of all industrial revenue bond activity in Burnsville through December 31, 1984. Attention should be directed to 1984 in that it was the first year under the new allocation system. For 1984, Burnsville's allocation was set at $11,582.919.00. With the delays in receiving procedures from the State Department of Energy and Economic Development Burnsville, like many cities, was not able to issue and close up to full allocation. We did however manage to place $4,562,000.00 under "grandfathered" provision. These projects included the Linvill Associate project (CAC) , the 13 Partnership projects and the Happe Properties project. Total projects funded under the 1984 allocation amounted to $7,100,000.00. Also included is a copy of the formula for the 1985 allocation for industrial development revenue bonds indicating the Burnsville's allocation in 1985 will be $11,712,841.00, up slightly from 1984. Of this, the Council adopted increment resolutions for the following projects : Ten-Tied $3,000,000 Happe Properties 750,000 13-11 Partnership 3,000,000 In addition, the Council will be considering the application of Skyline Displays, Inc. for $1,600,000, bringing the total to $8,350,000.00. (dhen the Council considered the application of Happe Properties and the 13-11 Partnership, criteria for issuance under the 1985 allocation were discussed. These criteria included : - Increase in job opportunities with the City Increased tali base for the City - Location (specifically, favoring T. I.F. District) - Amount of other investment that could be leveraged - Emphasis on local companies David Kennedy will be at Monday's meeting to review any pending Federal legisla- tion concerning IRB funding and changes in State procedure. - W O SCO N N O R & HAN NAN + ATTORNEYS AT LAW J�lr v` i : ,/) 3800 I DS TOWER SUITE 600 80 SOUTH EIGHTH STREET 1619 PENNSYLVANIA AVENUE,N.W. �y WASHINGTON,D.C. 20006-34133 MINNEAPOLIS, MINNESOTA 55402-2254 (202)66]-1400 L (612) 341-3800 SUITE 4700 ONE UNITED BANK CENTER I700 LINCOLN STREET 6 TELEX 29-0584 DENVER,COLORADO 80203 Cow i TELECOPI ER 612 341-3800 (256) (303)630-1]00 VELA20UEZ,21 MADRID 1,SPAIN 431-31-00 TELEX 23543 March 27, 1985 Mr. John Anderson City Administrator City Hall 129 East First Avenue Shakopee, MN 55379 Dear John: This letter is in response to your inquiry of whether the City of Shakopee can count the racetrack IDB issue as a part of its "high three" yearly average for purposes of the State Industrial Development Bond (IDB) Allocation Entitlement computation. Under present law, the racetrack issue would not be included. The allocation procedure is spelled out in Minnesota Statutes , Section 474 . 18, subd. 2, which provides for a one-time certification by the Department of Energy and Economic Development (DEED) of the highest three of the four preceding calendar years as given to DEED thirty days after the effective date of the Act (April 27, 1984 ) . The law as it now exists was intended merely as an interim allocation measure, anticipating the Congressional action of imposing state IDB caps . Therefore, a subsequent year recertification is not provided for in the law. In any event, the law is automatically repealed effective January 1, 1986 . The more important question then becomes "what allocation procedure will replace the existing IDB allocation process?" There are two existing bills in the Legislature that are receiving serious consideration. The League of Minnesota Cities/NAHRO bill continues to provide for an entitlement process similar to the one existing under present law. The most recent copy that I have uses the same three year average but it is my understanding that the language may be amended to reflect an updated certification process . This would result in the racetrack IDB being included in Shakopee 's "high three" average . The other bill being seriously considered is Representative Bill Schreiber 's bill which provides for unlimited use of IDBs for manufactur- ing projects (the definition of manufacturing projects includes high technology types of projects) and use of commercial IDBs in redevelopment areas . That is an overly simplistic description of the Schreiber bill but the legislation does not contemplate the use of entitlement Mr. John Anderson March 27, 1985 Page 2 allocations . Rep . Schreiber is the chairman of the House Tax Committee and was last year the chief author of the legislation that now is the State IDB Allocation Act . Therefor, he will be influential in the outcome of this year 's allocation determination. This is a lengthy way of saying that Shakopee presently cannot include the racetrack IDB in an entitlement calculation but there is some possibility that it could be included in a new recertification if entitlements prevail under the new allocation legislation. I will continue to monitor the legislation and keep you informed. Sincerely, Arlin B. Waelti ABW:ch cc: Rod Krass uj SPY °aJ c0 y r. cn F. ' .-� w N s CITY OF BURNSVILLE Lu INDUSTRIAL REVENUE BOND PROJECTS December 31, 1984 • CITY OF BURNSVILLE t TAX E.`= FINANCE P_rROPOSAIS PRELIMINARY APPROVkT, FIMAJ., APPROVAT, DGUEMPMENiT F-7,PTOYMETYP DAT] SKYLINE SOUARI:; Office B16- - Harriet Ave. ,S. of Pkwy 100 6/5/78 $1.,000,000 2/20/79 $ 875,000 KICKISSER-f,TNv7f,f, Convenience ShoP. ,CLr.. - Wbal M. Plaza 70 7/24/78 1,15n,000 12/1.8/78 775,000 42 & 1.1 HAPPE & ffAPPE 29,000 ser. ft. Office Bldg.-iJic. & P)aay. 100 7/24/78 1.,250,000 11/6/78 1,000,000 FEDERAL UTID 112,000 Sir. ft. Shop. Cis.-Nic. , N of 42 150 8/21/78 3,000,000 8/6/79 3,500,000 PEPSI COLI, 192.,300 sq.fL. 1'rccluction/6darehouse Cliff 160 12/4/73 1,000,000 6//1/79 1,000,000 & 1.2 th C & C DEN.:.MPP'(-?:••"i' Off. 1lirehouse, & Land-River Bluff 20 12/18/78 340,000 1/2.1/80 .375,000 Ind. Park ,} PP.RK•.!lY PAf,:i".2:R-SH"tP 4._'i A. £. 2 131(1U. (22,000 sq.ft. 84 2/2.0/79 1,2.00,000 5/5/80 870,000 T Std 3564 & Parkway TIIRTF WAY, INC. , 130,000 sq. ft. sunez-rrkt/rest/storage 300 3/5/79 6,000,000 NE 143rd & Irving Nti MELOPiMENT 129,590 sq.ft. retail-NI-7 Burr-}zaven & 42 285 3/19/79 4,700,000 2/19/80 5,100,000 BUM.', Oi' f.U! !` Ill:i.,i 19,000 sq. ft. dealership & 3.5 A. 30 9/17/79 1,000,000 12/17/79 1.,000,000 Buck H i.11 Pel. Letween Crystal L_lke Rd. & Southcross Dr. BURNSM111, RUTS. PK. 32,000 Fr_l.ft.1.-story off. b?.dg. 100 9/1.7/79 1.,800,000 B'vi.11e Plh.•ry & Pleasant Ave. BUPNIIAVL?d ogle'. DHV. CO. 33,500 sq. ft.l-story off. bldg. 100 10/1/79 1.,200,000 3/17/80 1,200,000 Durnh,:iven Dr. , S of B'ville Ctr. 1IAPP[: 1 off./retail bldg.-r. of City Hall 60 10/1./79 718,000 12/17/79 713,000 I 0ff./rcb6.l bldq. 54 10/1/79 641,000 (--cc 9/19/83) I off./retail bldci. 54 10/1/79 641,000 (sec 9/4/84) CO(gSOLJD:ii'ED L',M) 42,624 sq.ft. off/lt. mfg. N of Cliff, 40 12/1.7/79 950,000 E of 12th DEVELOPMENT DESCRIPTION/LOCATION EMPLOYMENT DATE APPROVAL FINAL APPROVAL DATE -- AMOUNT DATE -- AMOUNT 1. C.D.0 OF MINN. , INC. 24,000 sq.ft. Treatment Ctr.-E of River Ridge. 40 12/17/79 $1,500,000 E S PARTNERS 10,300 sq.ft. 2-story Off. Bldg.-755 Cliff Rd. 30 2/19/80 661,000 BURNSVILLE COM. PARK 2 - 33,000 sq.ft. Off. Warehouse Bldg. 90 5/5/80 2,400,000 201 Travelers Trail FEDERAL LAND CO. 36,300 sq.ft. Shopping Ctr. 50 5/19/80 1,335,000 North of Cobblestone lane near Grand Ave. STRANIK PROJECT 12,444 sq.ft. Retail Bldq (Midas Muffler) 11 5/19/80 375,000 8/17/81 497,000 Federal Land P.U.D. West of Nic. , North of 42 WILLIAM WARREN DEV. 4 acre, two Off. Warehouse Bldas. 50 6/2/80 1,250,000 Strom Industrial Park ; B'ville Pkwy & County Rd. 42 ROS DvHDUNT INC. Land Developmrnt/Production Facility/Office 250 6/2/80 8,000,000 11/3/80 7,000,000 N. of 143rd St, W. of Judicial and S. of County Rd. 42 (67 acre site) i NICOLLET CLINIC 40,200 sq. ft. Clinic Office Facility at 37 7/21/80 4,775,000 2/1/82 3,400,000 Ridges Site Nicollet 138th Street STONEVILLAGE (United 45,000 sq. ft. Office/Bank Facility 150 8/4/80 2,8001,000 10/5/81 2,900,000 Properties) Burnhaven Drive and Executive Blvd. YEL q FREIGHT SYSTEM 126,588 sq. ft. Addition to Truck Terminal 113 8/18/80 4,000,000 2/1/82 4,000,000 WICKESSER-LINVILL 20,512 set ft office/warehouse 31 9/15/80 525,000 Portland & Cliff Road R1IT11-NTP1ME-R 69,950 sq ft 3-story office bldg Harriet Ave. & Bville Parkway 220 11/3/80 3,500,000 H-N-R I Kindercare 4,717 scl ft building - Kindergarten school - 140th & Burnhaven Drive 5 11/17/80 325,000 7/6/8.1 310,000 EVENSOIN PROPERTIES 43,300 sq ft 3-story office/bank s.e. corner 35W and Co. 42 142 11/17/80 2,500,000 6/1/81 3,000,000 -2- e' a DEVELOPMENT DESCRIPTION/LOCATION EMPLOYMENT PRELIMINARY APPROVAL FINAL DATE AMOUNT DATE AMOUNT WICKESSER-LIWILL 56,965 sq ft office-retail-warehouse River Ridge Circle & R.R. Blvd. 166 12/1/80 1,500,000 4/6/8.1 1 ,400,000 NORTI-irpN ALUMINUM 110,000 sq ft of.rice-warehouse (B&C B1dcl) 31 6/15/81 5,600,000 Cliff Road wosL- of Portland MIDWEST SYS'IT.MS, INC. 36,000 sq. ft. warehouse/office 75 10/5/81 1,250,000 S.E. corner Co. 42 & Rosemount Dr. ROBBINS ASSOCIATES 25,000 sq-ft. office/warehouse /mfg. 29 3/15/82 800,000 9/20/82 600,000 (T. Noble) 11.551. Rune Dr (River. Bluffs Dove]..) :•'.ID-P9-ERICA POTTER DR 22,000 sq. ft. office/warehouse/mfg 7 7/6/82 1,000,000 10/4/II2 751,140 01n.Hassinq) 601 E. Cliff (Riverwood Ind. Pk) UNITED ARTISTS COMM Movie theatre, south of 42 & west 30 11 9/20/82 2,000,000 12/6/82 1,200,000 of 35 in Burnsville Center BURNSVIT,T,F. DEVEL LTD Hotel, ne quad 42 & Nicollet (Holiday Irm) 100 7/5/83 9,000,000 5/2/84 (6,530, 00 ( 500,000 HAPPE PROPERTIES 33,000 sq. ft. office/warehouse 1501-1521 Highway 13 70 7/5/83 950,000 9/19/83 950,000 SALLY & K APPE:LLiAU119 2 story office building 35 8/1/83 900,000 9/19/83 900,000 1020 East 146th SUPER VALU (CUB) 73,000 sq. ft. retail facility 147 8/15/83 6,300,000 12/19/83 5,500,000 n.e. quad Vincent & By 13 LYNDALE TERMINAL warehouse/station/retail (Holiday) n.e. quad County 5 and 42 350 9/6/83 9,000,000 12/19/83 8,500,000 K-G PROPERTIES 45,800 sq. ft. office/warehouse 21 9/6/83 1,500,000 11/21/83 1,450,000 s.w. corner Cliff & Portland ARA SERVICES day care facility, Co. 5 s. of #13 25 9/6/83 600,000 )12/5/83 1,200,000 (National Child Care) and day care facil, 122nd & Co 11 25 9/6/83 600,000 ) )12/17/84 1,262,000 ADVANCE DEVEL (The 13) 2 office/tech bldg./laundro/car wash 345 10/17/83 6,700,000 )12/17/84 1,300,000 n.w. corner_ Cliff & Hwy 13 -3- PRELIMINARY APPROVAL FINAL APPROVAL DEVELOPMENT DESCRIP`T'ION/LOCATION EMPLOYMENT DATE AMOUNT DATE AMOUNT BURNSVILLE F.0.ht. 226,000 sq. ft. factory outlet shop mall 524 10/17/83 9,996,700 south of Burnsville Center KINDER-CARE LNG CTR Day care facility 10 11/7/83 350,000 5/21/84 350,000 Cliff Road and Ilwy 13 HANSON/CHASE Bakery/Drug facility -County Road 42 and 11 13 11/7/83 650,000 INI'EGRA/GOLDEN TRI 202 room hotel, south of 42 and east (Sheraton) of 35W 195 12/5/83 9,900,000 12/23/83 9,650,000 BRAEMAR BLDG PARTN 27,500 sq.ft. office/mfg facility 100 12/23/83 1,100,000 12/23/83 1,100,000 Rupp Ave. , north of Cliff/east of 12th M.C./J.M. GRESSER Office/warehouse, Riverwood Ind. Pk. 30 12/30/83 1,662,000 12/30/83 1,662,000 south of Portland and Cliff CAC PROJECT 20,000 sq. ft. office facility 32 6/18/84 1,100,000 12/3/84 1,000,000 14551 Co. Rd. 11 TEN-ISD PROPERTIES 42,000 sq. ft. medical/dental office 56 9/4/84 3,000,000 bldg. , nw corner Nicolle L-/Cobbl Lane MIDWEST SYSTEMS 150,000 sq. ft. office/warehous 49 9/4/84 5,000,000 12/17/34 4,500,000 sw corner Southcross Dr & Rosemount Dr HAPPE PROPERTIES 35,200 sq. ft. warehouse/retail bldg. (Based on 10/1/79 9/4/84 11000,000 1501-1527 East 122nd Street preliminary approval) SIOUX TRAIL ASSOC office/bank building 140 10/1/84 3,000,000 12/27/84 3,000,000 (Parranto) H�,y 13, west of Cliff Road LINVILL SERVICE CTR office/service center facility 181 10/15/84 2,600,000 12/27/84 2,600,000 south of Cliff, east of Portland -4- CI'PY OF BURNSVILLE INDUSTRIAL REVENUE BOND FINANCING, PRELIMINARY APPROVALS FINAL NOTE APPROVAL 1978 (6) $7,740,000 1978 (2) $1,775,000 1979 (11) 20,350,000 1979 (5) 7,093,000 1980 (13) 33,946,000 1980 (5) 14,545,000 1981 (2) 6,850,000 1981 (5) 8,107,000 1982 (3) 3,800,000 1982 (5) 9,951,140 1983 (14) 59,202,700 1983 (9) 30,912,000 1994 (5) 14,700,000 1904 (8) 22,012,000 TO DATE $146,594,700 TO DATE $94,395,140 Not included above: -Ridgewood/Daly (Burns Apt) -Fairview In addition to above totals: Fairview Hospital 4/82 $27,000,000 Burns Apt/Daly 4/83 25,800,000 NSP 1976 8,800,000 19_8_5ALLOCATIONS OF ISS_UANCE__A_U_T_-_O_RIT_Y FOR INDUSTRIAL_DEVELOPMENT_BONDS Federal Allocation to State c.4 Minnesota 621. 60)0, U00 STATE ALLOCATIONS PER LAMS OF �ihINESD7A ';• =984 CHAP [ ER 582) Pr_i vas eAct i:•i t Y-82nd s_ E HE--------- -_ ----- 10, 000, 000 CB i RRR co.11rr,i ss i over 25, 000, 000) f 9 DEE; 6�)`000.i_)c_�C)----- - �yt�sc iic_)C)0) i -,ra_.��.6i60_). 0)r)�) ------------- E1,4 T!TLEM.E!,,iT I SSUERS 421, 280, 0t i0 CCGM P E 1 1 T T�l E POOL —1 c)5_ _t) 000)------------------ ------------ 1 a_ 6tate_A1location_Ad,}.usted_Per Laws_of Minnesota_Ch. 184 ---- -- - - -- -- - --- P= vare ---- �--_ ----- 1 c_). C)0'0, t)i:_) -- ;r;i_sSi Business Loans 55, 5CDC', 000 FaLoans 6. 0 00, 0 0v ENT ITLF;IE:JT ISSUERS 420, 780. 000 -T r 104. 820. 00 ------------------- S_6=1_600.00)0 ,�ivid+sal Allocations Tr _ET;ti� ier er,t_Iss_srs ----------- -------_-- ----------- - ---- 1422,750,000 (Total State Allocation to Entitlement Issuers) $663, 504, 771 (Combined 3 yr_ high avg. for all Entitlement Issuers) equals 63. 712i841_ 417780608%- x �18. 469�--3? 3 yr. high average for Entitlement Issuer Burrnsville equals an allocation of Slii DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT Notice of Allocations of Issuance Authority for Calendar Year 1985 Notice to all Industrial Development Bond Issuers and Interested Parties: The Department of Energy and Economic Development has determined the amounts of issuance authority for calendary ear 1985 allocated to entitlement issuers who re-submitted certifications of previous use to the Department in August, 1984, after enactment of a federal limitation act pursuant to Minnesota Laws 1984, ch. 582 §15, to be codified as Minn. Stat. 474.18, subd. 2 and Minn. Laws 1984, ch. 584 §12, to be codified as Minn. Stat. 474.25, and who chose not to withdraw as entitlement issuers for the year 1985 by December 31, 1984. The Department of Energy and Economic Development has determined the amounts of issuance authority allocated to entitlement issuers based upon the following: 1 . The allocations for entitlement issuers and procedures set forth in Minn. Laws 1984, ch. 582 §15; 2. The state ceiling for private activity bonds of $150 multiplied by the most recent census estimate of the resident population of the State of Minnesota published by the Bureau of the Census in 1984 which is 4,144,000; and 3. The re-certifications of previous use submitted to the Department by enntitlement issuers. The Department used the following formula to determine the final amounts of issuance authority allocated to entitlement issuers set forth below: INDIVIDUAL ALLOCATIONS TO ENTITLEMENT ISSUERS $420,780,000 (Total state allocation to Entitlement Issuers) $663,504,771 (Combined 3 year high average for all Entitlement Issuers) equals 63.417780608% x $ 3 year high average for Entitlement Issuer equals $ allocation 1 G!� 1 t. 1985 ENTITLEMENT ISSUERS Issuer Allocation Issuer _ Allocation Albert Lea 2,822,091 Mankato 3,937,187 Alexandria $928,436 Maple Grove $1,767,242 Apple Valley $3,139,191 Maplewood $5,320,963 Austin $1 ,743,989 Mendota Heights $3,143,408 Baxter $668,001 -- Minneapolis $49,466,317 -- Becker $23,168,629 -- Minnetonka $13,245,860 Beltrami County $1,691,141 Montevideo $781,096 Blaine $2,647,692 Moorhead $956,974 P— Bloomington $10,871,922 New Brighton $2,060,444 Brainerd $1,693,255 New Hope $1,945,869 Brooklyn Center $7,240,197 New Prague $1,442,755 Brookl) n_ Park $5,09.7-,733 New Ulm $835,001 B rns_v. .l1e $11 71241 Owatonna _ ___ 81 $993,545 Cambridge 2,600},129 Park Rapids $1,247,216 Cannon Falls $1,049,564 Pipestone $813,862 Chanhassen $687.,026 v Plymouth $2,967,952 Cloquet $1,940,584 Princeton $724,020 Columbia Heights $3,385,453 Proctor $4,206,713 Coon Rapids $4,344, 118 Red Wing $2,762,901 Cottage Grove $2,018,800 Richield $3,646,522 Dawson $1,198,596 Rochester $2,636,066 "i -- Duluth $11,016,725 Rogers $881,507 q — Eagan $10,012,399 Rosemount $4,800,726 East Grand Forks $1,162,659 Saint Cloud $4,618,928 East Gull Lake $739,874 Saint Louis Park $2,830,547 ��— Eden Prairie $9,342,948 ► — Saint Paul $88,906,021 Eveleth $898,419 Sartell $4,566,080 Fairmont $2,959,496 Sauk Rapids $855,083 Faribault $1,870,825 Savage $1,269,413 Farmington $643,690 Shakopee $2,598,015 Fergus Falls $2,600,129 Shoreview $1,476,577 11 Fridley $8,228,457 3 — Silver- Bay $26,424,075 Golden Valley $2,784,041 South Saint Paul $1,678,457 Grand Rapids $1,025,254 Springfield $672,228 Hastings $940,697 Stillwater $1,703,613 Hibbing $761,013 Vadnais Heights $2,045,223 Hopkins $1,962,780 Waite Park $1,384,622 Hutchinson $2,512,401 West Saint Paul $830,773 Lakeville .$3,430,902 White Bear Lake $2,814,693 Le Sueur $2,435,666 Willmar $2,087,925 Little Canada $1,196,482 Winona $3,755,390 Long Prairie $782,153 Woodbury $981,919 Luverne $739,874 Totals $420,780,000 CERTIFICATION OF ENTITLEMENT ALLOCATIONS I , the undersigned, am the Deputy Commissioner of the Department of Energy and Economic Development and hereby certify under penalty of perjury that the allocations of issuance authority for industrial development bonds awarded to entitlement issuers for the calendar year 1985, were not made in con- sideration of any bribe, gratuity, or direct or indirect contribution to any political campaign. Date: January 2, 1985 Edwar J. Meyer, Jr. Deputy Commissioner of Financial Management TO: John K. Anderson , City Administrator FROM: Gregg Voxland , Finance Director RE: Accounting Clerk. Hiring DATE: March 25, 1985 - ' The City had 16 applications to consider for the part time Accounting , Clerk position. This included 3 applicants which were considered and interviewed last time and indicated that they would like to be considered again. The position is budgeted at 3/4 time and Council has authorized the filling of the position. Staff interviewed three new applicants for the position , one from Carver and two from Shakopee. Staff recommends that Council appoint Eileen Klimek of Carver , Minn. , to the position of Accounting Clerk at the rate of $5. 78 per hour effective March 26, 1985. Alternatives 1 . Hire EileenKlimek. 2' Select another applicant. 3. Readvertise. 4. Do not fill position. Recommendation Alternative no. 1 . Action Reouested Move to appoint Eileen Kilmek to the position of Accounting Clerk at a rate of $5. 78 effective March 26, 1985. ' TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Clerk Typist II Position DATE: March 29 , 1985 INTRODUCTION Council authorized the hiring of an individual to fill the existing vacant clerk typist II position. BACKGROUND Thirty applications were received by the closing date of March 16 , 1985 . The Police Department interviewed seven applicants and found Agnes C. Unze, 112 W. 6th Avenue, Shakopee, to be the best qualified person for the job. RECOMMENDATION Hire Agnes C. Unze for the position of clerk typist II , effective April 8 , 1985 , salary $1,035 per month. This is the second step in the salary range with a 1 year service credit. COUNCIL ACTION REQUESTED Hire Agnes C. Unze for the position of clerk typist II , effective April 8 , 1985 , salary $1, 035 per month. (1 MEMO TO: John K. Anderson, City Administrator 11� FROM: LeRoy Houser, Building Official RE: Library Handicap Compliance DATE: March 31 , 1985 Introduction: Barry gave me a list of things that we needed to do to bring the Library into compliance with the handicap laws presently on the books . One item was a visual/audio alarm system. Background: I obtained an estimate for the audio/visual alarm system - attached. The estimate is $550.00. Recommendation: I recommend we install the alarm system. Action Requested: Amend the budget for this item and direct staff to purchase it and have it installed at the Library per the attached estimate for $550 .00. LH: cah Attachment Provinittl rage Ivo. OT rages REDFIELD ELECTRICAL CONTRACTORS 1850 East Hillside Drive _ P. 0. Box 204 0 SHAKOPEE, MINNESOTA 55379 (612) 445-2157 _ PROPOSAL SUBMITTED TO PHONE DATE City of Shakopee 445-3650 March 20, 1985 STREET JOB NAME 129 East 1st Avenue Scott County Library Systems CITY, STATE AND ZIP CODE JOB LOCATION Shakopee, MN 55379 Lewis Street Shakopee, MN 55379 ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: rr ........ ... Smoke Detectors for the -Deaf I I . ......... ............................. I ..................................... -__ . . .. ._.................. i" .. ............. ................................ ... 1UF propow hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Five Hundred Fifty Dollars----------------------------------- __dollars ($ 550.00 �. Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manneraccording to standard practices.Any alteration or deviation from above specifica- Authorized tions involving extra costs will be executed only upon written orders,and will become an Signature L exAA tra charge over and above the estimate.All agreements contingent upon strikes,accidents Jerr� Re 'ie or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note:This p Op0581(Tlay e - Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by US if not accepted\ In days. A=satisfactory d t1rapas It—The above prices, specifications anatisfactory and are hereby accepted. You are authorized Signature tocified. Payment will be made as outlined above. DaSignature i I� MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Extension of Preliminary Plat Approval of Fox Run 1st Addition DATE: March 21, 1985 Introduction• Mr. Fred Corrigan has submitted a request for a twelve month extension of the preliminary plat approval of Fox Run 1st Addn. Background- In March 1984 the Planning Commission recommended approval of the preliminary plat which consisted of eleven lots. On April 3 , 1984 the City Council approved the preliminary plat, but only for subdivision of the parcel into two lots. The procedure for final plats is: tiling of the application, review and recommendation by the Planning Commission and final approval by resolution by the City Council. However, the Sub- division Ordinance requires Council approval for extension of pre- liminary approval, upon written application and for good cause shown. Mr. Corrigan has expressed an economic hardship for completing the final plat within the one year time frame. Alternatives: 1. Approve extension for twelve months. 2. Do not approve extension for twelve months . Recommendation: Alternative #1. Action Requested: Offer a motion to approve the extension of the preliminary plat approval of Fox Run lst Addition for twelve months , and move for its adoption. tw I TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Interfund Transfers DATE: March 26, 1985 Introduction R. Background Council is aware of the funding deficit for the 101 Service Road project and that the project is defunct and therefore the casts are not assessable. Therefore, the costs for the project should not be reflected in the special assessment funds which is where the costs were accumulated. Council directed that the reimbursement to the special assessment fund come out of the Capital Improvement Fund in the 1985 Budget. Regardless of the budget, the financial report should show the true circum- stances to the readers that the project was abandoned in 1984 and the costs accounted for in the Capital Improvement Fund so as to not show misleading data by having the deficit in a special assessment fund when the project is not assessable. The bills incured in 1984 have been recoded to be paid ,mut of the Capital Improvement Fund but the bills paid in prior years have to be handled by a transfer. Request that Council ap rve of the transfer of $33, 160. 40 from the Capital ImprovementFund to the 1984 Improvement Fund. The auditor concurs with handling the situation in this manner. Also, for the past four years, the interest earnings on the Kmart tax increment between the time of receipt �•f the settlement from the county and remittance to the trustee has been transferred from the Kmart Fund to the HRA Fund. Request approval of the transfer of $17, 846. 22 from the Kmart Fund to the HRA Fund for 1984 interest earnings. Action Requested Move to approve of the transfer of $33, 180. 40 from the Capital Improvement Fund to the 1984 Improvement Fund for costs of the 101 Service Road project and $17, 846. 22 from the K to the HRA Fund. mart F ur,d /1L MoIlth March, 1985 Page 4 ACCOUNTS PAYABLE LEDGER 1985 Debit Acct. Cr. Acct. Amount Batch Remarks Ck. No. Vendor Ck. Amt. 01 .4391.421.42 01.1010 $ 18.00 Dues & Subscription 17375 State of Mn. $ 18.00 27.4513.543.41 27.1010 12,000.00 ROW & Easements 17376 1st Nat. Bank-Shakopee 12,000.00 01.4390.131.13 01.1010 13.00 Conferences & Schs. 17377 City of Maplewood 26.00 11.4390.811.81 11.1010 13.00 " 01.4390.411.41 01.1010 60.00 Conferences & Schs. 17378 MN Asphalt Pave. Assoc. 60.00 81.4920.000.00 81.1010 6,666.81 Remit FIT 17379 1st Nat-Bank Shakopee 6,666.81 81.4921.000.00 81.1010 3,788.59 Remit SIT 17380 Commissioner of Rev. 3,788.59 81.4923.000.00 81.1010 6,627.99 Remit PERA 17381 State Tres. 6,627.99 81.4931.000.00 81.1010 850.00 Remit Payroll Savings 17382 1st Nat.-Bank Shakopee 850.00 81.4922.000.00 81.1010 4,985.64 Remit FICA 17383 State Treas. 4,985.64 81.4927.000.00 81.1010 100.00 Remit Defer. Comp 17384 IDS 100.00 81 .4927.000.00 81.1010 1,937.00 Remit Def. Comp 17385 PEBSCO 1,937.00 81.4926.000.00 81.1010 238.70 Remit Cancer Ins. 17386 American Pam. Life 238.70 01 .4100.311.31 01 .1010 262.40 Salaries-Fulltime 17387 Sherri Anton 262.40 01.4310.161.16 01.1.010 2,000.75 Legal Services - March 17388 Julius A. Coller II _ 2,000.75 $39,561.88 $39,561.88 Fund Totals 01 - General Fund $ 2354.15 11 - Community services 13.00 27 - racetrack 12000.00 81 - Payroll Trust 25194.73 $39561.88 *ljnkopee Crummungi #eruirts 129 Levee Drive Shakopee, Minnesota 55379, Phone 445-2742 Community Education • Parks • Recreation • Adult Education March 28, 1985 Memo To: John Anderson, Shakopee City Administrator From George F. Muenchow, Director Shakopee Community Services Subject: Budget ALlotment (1985-1986) Increase Request The Shakopee Community Services Board and Staff has been struggling with its proposed 1985 Budget since the beginning calculations were prepared last June. It was thought that a workable plan was determined by normal budget adoption time in September—October. By year's end it became apparent that the projections would be in error. Some changes had to be made. The Board' s major proposed adjustments were as follows (adopted February 18, 1985) : a. Increase most youth Activity Fees by $ 3.00 b. Increase most adult Activity Fees by $ 3.00 c. Increase City's Allotment by. . . . . . . . $ 2,000.00 d. Increase School's Allotment by. . . . . . $ 2,000.00 e. Re—instate Capital Expenditures. . . . . $ 4,800.00 The Board therefore, went on record to adopt a Budget of $ 142,400.00 and to request its two parent bodies, the City Of Shakopee and School District #720 to authorize each a Budget Allotment Increase of $2,000.00 for the support of this budget. This Memo is intended to serve as the notification of this request. The revised Budget Allotment Request from the City of Shakopee is now $40,855.00. Action REquested: Amend the City' s 1985 budget allotment to Shakopee Community Services by increasing it $2 , 000 to a total of $40, 855 .00. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 00 f/ 1985 PROPOSED_ BUDGET SHAKOPEE COMMUNITY SERVICES Presented Presented 7/16/84 2/18/85 OBJECT DESCRIPTION 1932 ACTUAL 1983 ACTUAL 1984 APPROPyri) 5/31/84 1985 REQUEST 1985ADJ RE(�_ESI 4100 Salaries - Fuil Time 68, 736 71 ,447 72, 500 30, 759 76, 175 83 POO 4130 Salaries - Part Time 12,510 7,876 11 ,000 3,445 11 ,580 10,000 4140 PERA 4,009 4, 1.25 3,988 1 ,687 4,200 4,400 4141 Pensions-FICA 4,870 5,041 4,858 2, 147 5, 200 5,800 4150 health & Life Insurance 3,052 3,485 3,800 2, 108 4, 100 5,800 4151 Workmans Comp Insurance 1 ,859 934 2,500 670 2,625 2,625 -- TOTAL PERSONAL SERVICES 95,036 92.928 99,64640,918 103,880 111,625 4210 Supplies 5,474 2,681 4,500 1 ,414 4,500 4,500 4222 Motor Fuels & Lubricants 1 ,228 1 ,206 1 ,300 207 1 ,'+00 1,400 4230 Building Maintenance - - 1,050 800 4232 Equipment Maint & Repair 1,049 1 ,055 100 593 600 600 4310 Professional Services 16,382 12, 726 13,000 3,811 10,000 9,000 4320 Postage 824 868 900 332 900 900 4321 Telephone 1, 753 1,840 1 ,700 696 1 , 700 1 ,900 4322 Grade 7-8 Wrestling - 338 - 583 - - 4330 Travel & Subsistence 771 829 900 351 9Q0 1,200 4350 Printing & Reproduce 2,084 3,462 3,200 1 ,040 3,600 3,600 4360 Insurance 397 793 550 30 800 500 4370 Utilities 271 315 450 229 450 450 4380 Rents - - 275 - - - 4390 Conferences & Schools 434 633 500 126 700 900 4391 Dues & Subscriptions 449 407 450 120 500 500 TOTAL SUPPLIES/SERVICES 31,925 27,046 28,875 9, 532 26,850 25,450 4511 Capital-Equipment - -Z 66 0 - 4,800 4,800 ** TOTAL CAPITAL - 200 4,800 - 4.80 4,800 4940 Mdse for Resale 812 •1 ,302 600 134 400 400 4980 Refunds - 440 104 105 125 125 TOTAL OTHER 812 1 L42 704 239 X25 525 DIVISION TOTAL 126,961 122,023 133,025 50,689 136,055 142,400 PROPOSED 1985 Rf•:Vrhur 8 - Presented Presented 7/16/84 2/18/85 ACCOUINT DESCRIPTION 1984 APPROP 1985 PROPOSED 1985 ADJ PROP 3350 Grants-Other Govt Units 37 ,465 38.855 40,855 Total 37,465 38,855 40,855 3528 Concessions 1,000 1 ,000 700 3544 Gymnastics Registrations 5,000 5,000 6,800 3545 Cross Country - 100 180 3546 Registrations-Playgrounds 50 50 50 3549 Youth Wrestling - 250 480 3552• Registrations-Family Fun 500 500 750 3553 Special Events-Mise 200 200 150 3557 Picnic Registartions 1 ,800 1 ,8x0 1,800 3558 Softball Field Rental 100 100 1.00 3559 Picnic Kit Rentals 300 300 400 3560 Adult Education 15,000 15,000 8,600 3561 Adult Broomball 700 700 1,030 3562 Tennis 150 150 300 3563 Mens Basketball 650 650 650 3564 Mens Football 0 500 700 3565 Volleyball 2,400 2,400 3,850 3566 Softball 8,200 8,200 11,100 3567 adult Sports-Mise 50 510. - 3568 Youth hockey 500 500 .1 , 100 3569 Teen Broomball Tourney 150 150 200 3570 Gr 7-8 Basketball - 350 655 35'71 Gr 7-8 Football 500 500 825 3572 Gr 7-8 Wrestling 200 200 100 3573 Soccer 220 220 600 3574 Tee League 500 500 690 3575 Gr 5-6 Basketball 700 700 1,200 3576 Gr 3-4 Basketball 600 600 1 , 190 3577 Basketball Clinic 100 100 445 3578 Ski Instruction 50 50 70 3579 3 on 3 Basketball 150 150 290 3580 Skating Instruction 200 20n 25 3581 Pee Wee Softball 350 350 600 3582 Midget Softball 550 550 900 3583 Junior Softball 800 800 900 3584 archery Instruction 175 175 460 3585 Pee Wee Baseball 500 500 900 3586 Midget Baseball 550 550 900 3557 Babe Ruth Baseball 700 700 900 3588 Tackle Football Gr 5-6 600 1 , 100 700 3589 Tennis instruction 100 100 500 3591 Ski Trips 300 300 300 3592 adult Trips & Tours 300 300 200 3.593 Rollerskating 800 800 600 3594 Competitive Swim 1 ,650 1 ,650 1 ,650 3595 Youth Education 5, 500 3, 500 4,500 3810 Interest2,000 2,000 1 ,200 3811 Contributions & Donations 3,000 1,800 .400 3830 Permanent Transfers 37,465 38, 855 40,855 3950 Refunds & Reimbursements 150 150 25 3990 Miscellaneous 100 100 25 Transfer from Reserves - 1 , 750 - Tota1 Other Revenues 5560 97,300 101 ,550 FUND TOTALS $133,025 $136,055 142,400 #11akapee (frommunag #eruicez �I 129 Levee Drive Shakopee, Minnesota 55379' Phone 445-2742 Communitv Education • Parks • Recreation • Adult Education March 28, 1985 Memo To: John Anderson From George F. Muenchow, Director Shakopee Community Services Subject Proposed O'Dowd Lake Speed Limits The Shakopee Community Services Board at its February 18, 1985 Meeting heard from Messrs Wm Dellwo, Bob Schmitt, and Earl Lenzmeier, officers of the Louisville Town Board, who related to their concerns regarding erosion problems in Lake O'Dowd. This problem has been accentuated by the high water levels that have resulted from the rainfall of the past couple of years. They pointed out that the introduction of aerators (at no government expense) has brought back excellent fish production in this lake in a very short time. There also now is a good balance of fish life, vegetation growth, and water chemistry. The main problem that now exists is the erosion that will occur when there is a a lot of wave action. This problem can be diminished if water craft will not travel on the lake at high speeds. To insure that this will not happen the Louisville Town Board will be recommending to the Scott County Commissioners, the governmental agency that controls speeds on county lakes, that a limit of 15 miles/hr be established for Lake O'Dowd. These men are seeking support in this effort. The Shakopee C.S. Board at this February 18 Meeting went on record to provide support for the Louisville Township Board in its efforts to have the speed limit on Lake O'Dowd be established at 15 MPH. The C.S. Board also encourages the Shakopee City Council to give similar backing. The group is aware that a few of the residents on the lake will not be enthused about this action because they probably no longer will be able to water ski or drive their boats at high speeds, but for the overall good of the lake it was felt that this decision would be a good one. Action Requested: Move to endorse the efforts of the Louisville Township Board to have the speed limit on Lake O 'Dowd be established at 15 MPH. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 lla MEMO TO: Mayor and City Council FROM: John K. Anderson , City Administrator RE: Application for 10 Cents Admission Tax for the Racetrack DATE : March 28 , 1985 Introduction Shakopee City Staff, in cooperation with Canterbury Downs staff, has completed our application for an admission tax for Canterbury Downs . The application was given to Racing Commission staff March 28 , 1985 , one year to the day that the Shakopee site was selected for Minnesota ' s first race track. Commission Process Rick Evans , the Executive Director of the Racing Commission , will be making a determination to schedule the required hearing on the City ' s admission tax request on April 10th or April 17th. The April 10th date is a special meeting that would be held at 9 : 30 a.m. on the 24th floor of the Hennepin County Government Center, Administration Tower. The Mayor and/or the Vice Mayor should be available for this hearing. After the hearing , during which the public will have an opportunity to comment , the Commission can question the City regarding the justification of our request for a 10 cents admission tax. After the questioning is completed , Rick would expect a vote on the City ' s request by the Commission . Rick Evans indicated that there were two possible strategies the City might take in making its application. The first would be the thorough approach which has been used consistently by Canterbury Downs. This is the approach we have taken and Rick ' s initial reaction was very positive to our letter and proposal . The second approach would be to simply submit a one-page letter indicating we are applying for the 10 cents admission tax . Then at the meeting the City would present its case in detail for the justification of the 10 cents admission tax . It is hard to tell which approach would be best , but I feel that we are better off with the thorough approach even if it means tougher questions from the Commission Members at the hearing . Alternatives In addition to the two alternatives listed above Council could choose to make some amendments to the thorough application as attached . These amendments could be submitted separately and still make the Commission agenda. 1 . Provide the Racing Commission with a one page letter requesting a 10 cents admission tax for Shakopee. This would be followed with a formal presentation at the meeting outlining much of what is already included in the March 14 , 1985 letter. 2. Present the March 14 , 1985 letter as attached. This would require only introductory remarks at the Commission hearing and response to specific questions. 3 . Provide the March 14 , 1985 letter with amendments after Council review and discussion. Recommendation Staff recommends alternative No. 2 or 3 . This approach is in keeping with the Canterbury Downs method of providing the Racing Commission with thorough staff work, and is in keeping with the City of Shakopee ' s completed staff work approach as well. Action Requested Pass a motion authorizing the submission of the March 14 , 1985 request to Ray Eliot of the Minnesota Racing Commission for a 10 cents admission tax at Canterbury Downs. JKA/jms CITY OF SHAKOPEE Ile INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612) 445-3650 �y March 14 , 1985 + ' Mr. Ray Eliot, Chairman Minnesota Racing Commission 312 Central Avenue Suite 400 Minneapolis , MN 55414 Re : Canterbury Downs - Admission Tax Application Dear Chairman Eliot: As you may know M. S. 240 . 15 Subd . 1 (b) provides for a local admissions tax at licensed race tracks. We informed your staff several months ago that the City would be seeking approval of a 10 cents admission tax. We have received notice from Richard Evans , the Executive Secretary of the Racing Commission , that he would like to have our application filed before April 8 , 1985 . Our initial analysis of the impact of the Racetrack on municipal services began in 1983 when the City was evaluating its role in promoting the successful Shakopee application now known as Canterbury Downs . That initial investigation included calls to racetrack communities around the Country by me and our Chief of Police . We learned at that time that there would be a definate impact on police and traffic related municipal services . We also learned , that because of Shakopee ' s size which is approximately 11 , 000 population , we would be unique among racing communities in the Country since nearly all of them were much larger cities or were cities that contracted for police services from larger county agencies. The Shakopee Police Department has fourteen licensed officers . The list of municipal services provided below reflects Shakopee ' s forecast of service needs for the Racetrack that cannot be attributed to a typical new business or industry . We have prepared the list with the assumption that the typical service needs of a new business or industry are roughly comparable in expense to the revenues generated by the new business ' s property tax contribution , and that what the Commission will be looking for , and the law M. S . 240 . 15 Subd . 1 ( b ) requires , are those service costs that can be defined as extraordinary and sometimes referred to as municipal overburden . The Heart of Progress Valley AN Fnfte- ..:.. - - Mr. Ray Eliot Page Two March 14 , 1985 Shakopee has met '.he service requirements of other major regional recreational facilities like Val.leyfair extremely well . Part of our ability to meet their service demands is reflected in a separate contract with Valleyfair to help finance municipal overburden. When Shakopee wholeheartedly endorsed the Canterbury Downs site , we fully expected to duplicate this supplemental revenue source for municipal overburden through the 10 cents admission tax as is provided in the Statutes . In keeping with Minnesota Statute 420. 15 , Subd . 1 ( b) , ( 1984) , the City has outlined below the specific expenses we expect to incur in providing municipal services for Canterbury Downs: Polic=e S .rvice� Increase the Department by 2 full time licensed officers at a cost of $60 ,000 per year. Shakopee ' s Chief of Police has requested two additional officers for the past four years . Due to the two economic recessions in our State and the State of Minnesota ' s cutback in local government aid those requests were not honored . With the advent of the Racetrack we feel it is necessary to fill these positions to provide two man coverage 24 hours a day. Therefore , the City increased its budget by one officer when passing the 1985 budget last fall and the City has now initiated the hiring of the one officer through the Minnesota Police Recruitment Program. One additional officer will be hired in 1986 . While the Commission may correctly observe that these two employees might not be spending all of their shift covering the Racetrack, other Police Department employees will be refocusing a major part of their time on the Racetrack in training Racetrack employees as reserve traffic officers and dealing with increased case reports flowing out of the Racetrack . Finally we expect that these investigations will be more time consuming and will require significant interaction with the BCA. Pu li Works Services The City plans to fill one vacant Public Works slot which was vacated through attrition and held vacant during the last two years because of the reasons mentioned above . The position ' s cost will be $20 , 000 per year . Again , as stated above , this one individual would not, be assigned solely to the Racetrack but will be scheduled with our normal crews to provide regular street maintenance services such as street sweeping , traffic sign maintenance , shoulder, maintenance on rural sections , ditch maintenance such as mowirg , and seal coating every five years . Mr. Ray Eliot Page Three March 14 , 1985 In addition , we anticipate a much higher level of road side litter maintenance simply because of the desires of the State , Canterbury Downs and the City to keep the major entrances to the Racetrack looking nice. We believe it will take two part time summer people to keep the roadways in and around the track litter free. We estimate this cost at $6 ,000 for two students for three months. Engineering Services We anticipate ongoing drainage system monitoring and maintenance will cost us $2 ,000 per year because of their unique surface water management plan that must function to meet the condition of the E.I .S. and Indirect Source Permit. That road reconstruction costs based on a ten year overlay cycle and a twenty year recon- struction cycle will cost $ 10 , 000 per year for 1 . 9 miles of new roadway . We anticipate that railroad crossing and traffic intersection signalization maintenance will cost us $1 , 000 per year. Inspection Services We expect that building , plumbing , electrical and sprinkler system inspection services will cost $3 ,000 to $5 ,000 per year for renewal of certificate of occupancy permits . This does not include any inspection services expense for proposed expansion which should be covered by the normal building permit fees . Community Development/Land Use Planning Services The City has established an annual review process for the Conditional Use Permits issued to the Racetrack . This annual review is estimated to cost $100 .00 per year. Other miscellaneous community development and planning costs are estimated at $ 100 . 00 per year. Transit Services The City estimates that the local transit subsidy required to service intra-city transit trips will be $5 , 000. This is based on an average dial-a-ride transit subsidy of $5 . 00 per -passenger- -_-__._----- - - times 1 000 passenger trips per=- year. — The City estimates-- that___`_` *the inter-cit3= transit expenses---- 11---be--minimized-. with--Canterbur y Downs promoted subscription service , charter bus service and _ possibility special MTC express service similar to that serving the Metro Dome and the Zoo. Shakopee estimates that its inter-city van pool service will serve 20 , 000 passenger trips per year at a subsidy of $1 . 00 per passenger trip. This is 50 employees times 2 work trips times 200 working days . At a subsidy of Mr. Ray Eliot Page Four March 14 , 1985 . 50 per trip ( the present MTC subsidy is approximately $1 .50 per trip) this will be a cost of $10 ,000 per year. These inter-city van pool trips serve employees and not the admission paying public coming to the racez via the other transportation alternatives mentioned above . These transit services will serve employees from Minneapolis and St . Paul who cannot afford automobiles. Recreational Services The City has had a difficult time estimating the impact on recrea- tional services. It is clear that some of our facilities like Memorial Park lying on Highway 101 with superb picnic and restroom facilities will be heavily used by those attending the Racetrack. Much of this use should be covered under Public Works services mentioned above. The impact on recreational services and adult educational services is best estimated by taking a per capita cost and projecting it. The current per capita cost for the City of Shakopee is $38 , 855 or $3 . 53 per capita . Presuming an employment increase of 1500 people (note we understand that all these people will not live in Shakopee but that is balanced by the spin-off business created , a portion of those employees will live in Shakopee) is $5 ,295 per year. Municipal Enterprise -ILS -ervices ( Electricial , Sewer, Water and Street Lighting) All of these enterprise finds are well established and are designed to pay for themselves . The one expection is street lighting which is a City expense and not operated like an enterprise. The City estimates that ��he Racetrack will require a light every 400 feet on approximately 25 , 080 feet of roadways leading into the Racetrack , and two lights at intersections . This is 62 poles times $ 1 , 500 per pole and $500 per fixture or $124 ,000 for installation. Based upon 20 years straight line depreciation this is $6 ,200 per year. The annual operating costs are estimated at 62 fixtures @ 1120 killowatt hours @ $ .05 per killowatt hour for a annual energy operz,ting expense of $3 ,472. 00 per year. Fire Department Services The City plans to - upgrade -one 1 ,500 gallon pumper- at-a- cost of $220 , 000 . --- If -this vehicle is desimple -- -- p r e c a-t a d_o n_a� _ 2 0 year straight--line---sieprecriation schedule- 1t -Will -cosi—us-$11-9000 ---per year. Other than- this- upgrading of -one-pumper;---_-the -City— does not anticipate upgrading or modifying any other Fire-Department equipment based on the impact of the Racetrack. Chamber of Comm rce/Administration ( General nformat ' ona, inquiries) The City currently sub.,idizes the Chamber of Commerce through the provision of free rental space and free utilities. In—addition _ the City employs the sanic�_secretary staff used by the Chamber Mr . Ray Eliot Page Five March 14 , 1985 one day per week so that the Chamber can attract more capable staff by having a full time secretarial position. We anticipate that this individual and the secretary handling incoming calls at City Hall will see a significant increase in Racetrack related informational calls . We feel that these administrative costs represent approximately $1 ,000 per year in additional services . The total cost of the items listed above represents $116 , 167 per year. This compares to estimated revenue from the $ . 10 local admissions tax in the first full year of operation , 1986 , of $ 174 , 000 based on Canterbury Downs attendance figures of 12 , 000 per day x 145 days. The City feels that these figures accurately represent new cost to Shakopee that should be covered by receipts from the 10 cents admissions tax. If you have any questions regarding the City' s application for 10 cents admission tax please contact me . The City is interested in making its presentation of the formal application at your April 15 , 1985 meeting. Please let me know when our application is formally scheduled so that I can insure that the proper City officials are present. Attached is a letter of support from Canterbury Downs. Sincerely , John K. Anderson City Administrator JKA/jms cc: Richard Evans , Executive Secretary Bruce Malkerson , Canterbury Downs Minnesota Racetrack, Inc. SHAKOPEE, MINNESOTA September 17 , 1954 Mavor Eldon Reinke 129 E. First Ave. Shakopee, MN 55379 RE: Admissions Tax Dear Mayor Reinke : This letter will confirm our prior statements to the City of Shakopee that Minnesota Racetrack, Inc. will support the City of Shakopee ' s future request to the Minnesota Racing Commis sion for an admissions tax of not more than ten cents per paid patron pursuant to Minnesota Statutes Section 240. 15, Subd. 1 . I recommend that your staff coordinate such a request with our staff . If you have any questions , please call Bruce D. Malkerson. Very yours , rooks Fields jr. President /sb cc : Members of the City Council John Anderson MIN.N_SOT%,RAC_ii RF,CF:.INC..A NIIN EESOTA.CORPORATION,DEDICATE)TO TN-=P."INNESOTA HORS-=RACING INDUSTRY. MEMO TO: HRA Commissioners FROM : John K. Anderson , City Administrator RE: Emergency Call System for Senior Citizens Highrise DATE : March 14 , 19$5 Introduction Last fall the HRA requested that staff prepare an ordinance for City Council consideration requiring that any residents for senior citizens have emergency call systems connected to the Sheriff' s Office. I have been collecting information regarding this request , but have not given it high priority. The information provided below is provided to determine if Council wishes to pursue this issue as requested by the HRA. Mandatory Emergency Call System Ordinance I have discussed the proposed ordinance with the League of Minnesota Cities staff. They found no enabling legislation for such a requirement and they found no sample ordinance from any other Minnesota community. This does not preclude the City of Shakopee from, trying to draft a legal and enforceable emergency call ordinance . Alternative Emergency Call Procedures 1 . The simpliest and most straight forward emergency call procedure would be to rely solely on the new 911 emergency call number. This is the preferred alternative of the Scott County Sheriff Department according to Al DuBois. It is also recommended as the logical approach by Mr. Hugh Mullett of Trans-Alarm of Burnsville . Trans-Alarm provides a 24-hour emergency call service , staffs the service with trained dispatch personnel and charges a fee for the service. Normally a client leaves instructions with Trans-Alarm directing them to call certain parties such as a Sheriff ' s Department when they receive an alarm from their client. The Sheriff' s Department will not accept new alarm systems and is trying to eliminate those it has . 2 . Trans-Alarm provides a wireless panic button that is worn as a pendent and is activated when squeezed by two fingers. This alarm system is available at a cost of $424 . 00 per unit plus $54 . 00 installation for a purchase of 1 to 25 units . It costs $371 .00 per unit plus $54 . 00 installation for a purchase of 25+ units . This wireless pendent has both a visable and audible alarm so that the person using it knows they have in fact tripped the alarm. To provide 24 hour a day monitoring would cost an additional $12.00 per month per unit . Any alarms received would then be relayed by Trans-Alarm to whom ever had been directed by prior instruc- tion to receive the call . P l 3 . Every floor at the Highrise could have someone designated to check on the existing alarm lights presently provided in the building hallways . This is similar to their present system. The persons so designated could have a routine schedule for checking the light alarms . These people could also be tied into an alarm system like the one outlined in alternative No . 2 . When Trans-Alarm received an alarm they could call one of the people to check the room before emergency services were contacted . Unless these people are paid it is purely a voluntary service that could lack the consistency of a paid system. 4 . If the current alarm system ( red lights in the hallway ) were wired to the building office , the building office in turn could be wired to Trans-Alarm for approximately $800 .00 . This then would be monitored by Trans-Alarm for approximately $15 .50 per month and Trans-Alarm would take whatever action they were directed to take when they receive such an alarm. This could be anything from calling the Sheriff' s Department , the rescue service , or contacting a previously designated person in the building to go and check the office panel . At that point the individual would know which room the alarm came from , could check the room and in turn contact emergency service if necessary. Emergency Access to Building I have checked with the hospital emergency services department regarding access to the highrise . They indicated that each ambulance contains the necessary keys to enter the building and that they have had no problem obtaining access to the building on past calls . They also indicated that the person making the call normally helps them enter the building and that there are specific lists that they have available to help them locate people in the building. Recommendation The question for Council is whether or not it wants to begin mandating emergency call procedures . This would require that Council establish minimum criteria and that Council establish a mechanism to insure that the systems remain operative after they are initially installed . It does not appear that the emergency call procedures at the Highrise have been neglected to the point that the City must step in with an ordinance to mandate minimum procedures . Moreover, the City would probably be better off leaving this subject to the private developer and the residents of the facility . Clearly , as the alternatives listed above indicate , there are numerous emergency call alternatives with varying costs. It seems that it would difficult for the City to determine just what minimum emergency call procedures would work best for a specific type of residential facility. Therefore , I recommend that Council take no action with regard to the Senior Citizens Highrise. Action Requested Direct staff to notify Marge Henderson that a review of the emergency call procedures at the Highrise has been conducted , that alternatives have been examined and that the City will take no formal action to pass an ordinance with minimum emergency call procedures that could be uniformally applied to the Highrise and similar facilities in Shakopee . JK_A/jms IIII MAR 2. 1985 1111 HII 0 JTYOF league of minnesota cities March 22 1965 John Anderson, City Administrator City Hall 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson, This is an attempt to answer your question concerning alarm systems in senior citizen housing. I believe you stated that the city wishes to require a 24-hour warning system in a senior citizen housing project that alerts someone outside of the building (e.g. the police department or the county sheriff' s office) of a medical emergency, rather than simply alerting someone in the building itself. The best information I have been able to come up with is as follows. 1 ) I don' t know of any cities that have passed such a requirement, but this does not prove such requirements do not exist. 2) A city probably has the authority to make such a requirement. 3) Probably the loudest complaints would come from whoever is obligated to respond to all the alarms in the middle of the night (e.g. law enforcement or ambulance personnel). 4) As you undoubtedly know, HUD has a requirement that all HUD-financed buildings must have an alarm system of some type---either one that sounds an alarm within the building itself (e.g. to a night manager) , to an outside location as you propose, or probably some comparable workable method. At first I was leaning toward the opposite conclusion, that Shakopee probably couldn't make such a requirement, after a conversation with Hal Freshley of the Metro Council, who is the region 11 representative on matters pertaining to aging. He cited me a recent case involving the St. Paul fire department, which apparently had to get special legislation in order to require fire alarms that exceeded state code. If I recall correctly, St. Paul did not want to allow battery-run fire alarms, but wanted to allow only electric ones. Regardless of the details, apparently the state fire code didn' t allow the city to impose such a requirement without first obtaining special legislation. I haven' t attempted to verify the accuracy of accuracy of my facts, but the situation is roughly as I described it. 1 83 university avenue east, st. paul, minnesota 551 01 [61 2] 227-5600 I talked to the St. Paul fire marshal, to see if he felt there would be a paralled between St. Paul's situation and the one in Shakopee. he did not feel there was a parallel and hazarded an- opinion that your proposed regulation would be permissible. Likewise, I spoke to one of the code administrators at the State Building Code office, and likewise he did not see a legal problem with such a requirement. I also posed your question to several members of the League research staff, and collectively we couldn' t think of any legal impediments to stand in Shakopee's way. Another main contact was with Kathy Beebe of the Minnesota Housing Finance Agency. I believe it was tier opinion that your proposal was probably not necessary, but you could require it if you wanted to. She and others I spoke to all suggested you have an excellent resource on senior citizen housing matters locally, in the form of Jean Andre. She also gave me a little history on a project at 200 Levee Drive in Shakopee, which she assumed is the senior housing in question. She felt that the warning system currently used there is probably consistent with HUD requirements. Thus, if my conclusion is correct that the city could impose such a requirement, it is probably a matter of working out the practical aspects of doing so. The big question several people brought up was whether the local resources are sufficient to provide round the clock protection, and whether the providor of the round the clock protection will be willing to respond to numerous false alarms, as will undoubtedly be the case. I didn't try to figure out how the existence of the 911 system would relate to all of this, but it seems worth considering as well. I hope this will be of some assistance. It' s the best I could do in the time available. Yours truly, William Makela Research Analyst WGM/wgm GX 'rV (DF- INCORPORATED FINCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: Jahn K. Anderson, City Adm i n i st rat 1 FROM: H. R. Spurrier, City Engineer I SUBJECT: Consulting Engineer Selection DATE: March 29, 1985 INTRODUCTION: Since the first part of December 1984, the City Council Consul- tant Selection Committee has processed nearly twenty-two (22) applications from consulting engineering firms interested in serving as the general consultant for the City of Shakopee. BACKGROUND: The Selection Committee found it even more difficult to reduce the list of firms as we neared our goal of selecting a firm for General Civil Engineering work. We had reduced the list of firms being considered to Orr- Sche 1 en-Mayeron & Assoc. , Inc. , To 1 t z, King, Duvall, Anderson, & Assoc. , Inc. , and Bonestroo, Rosene, Anderl i k, & Assoc. , Inc. All of these firms produced work that would conform to the City' s Design Criteria and Standard Specifications. All of these firms had the staff capable of performing the work assignments the City might make in the future and all of these firms had rates that were r-easonably close to one another. In the final analysis it was the decision of the committee to select Orr-Schelen-Mayeron & Assoc. , Inc. based upon their qualifications and ability to perform the work we would antici- pate here and based upon the liaison staff they would use in Shakopee. The decision was very difficult but it is the opinion of the Committee that this firm would do an excellent ,fob of serving the City, as they have with other communities in this area. The action the Selection Committee requests is that City Council authorize the City Engineer to negotiate with Orr-Schelen- Mayeron & Assoc. , Inc. for a contract to provide General Civil Engineering services to the City for 1985, which contract would be renewable with the mutual consent of both parties. Memorandum/Consultant Selection March 29, 1985 Page 2 ACTION REQUESTED: A motion to authorize the City Engineer to negotiate with Orr-Schelen-Mayevon & Assoc. , Inc. for a contract to provide General Civil Engineering services to the City for 1985, which contract would be renewable with the mutual consent of both part i es. HRS/pmp CIVENG it S C = TY OF' SHAI{OPEE INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Sbakopee, Hinnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleeisman, Engineering Inspector SUBJECT: Acquisition of Trunk Highway 101 Bypass Right-of-Way DATE: April 2, 1985 INTRODUCTION: Council action is necessary to submit final loan application to Metropolitan Council for Parcel Numbers 3 through 6. BACKGROUND: The loan application process originated in early 1984, included Parcels 1 through 6. Parcels 1 and 2 were acquired by the City earlier. Now, after negotiation, all owners involved with Parcels 3 through 6 have accepted the "Offer of Appraised Value" amounts. Minnesota Department of Transportations Review Appraiser has also approved these amounts. (List of offers and map are at- t ached) The City must execute a loan agreement and submit it with Other documents as the "Final Loan Application" to Metropolitan Coun- cil. Once approved by Met Council, the City will receive the loan monies and consummate the purchases of these parcels in the bypass right-of-way. ACTION REQUESTED: Authorize proper City Officials to execute the LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SHAKOPEE FOR HIGHWAY RIGHT-OF-WAY ACQUISITION far Parcel Numbers 3 through 6. Authorize proper City Officials to submit the loan agreement as "Final Loan Application" fo loan funds to acquire Parcel Numbers 3 through 6 in the Tr n Highway 101 Bypass Right-of Way. FS/pmp A,�p for Submittal LOANAPP -- l� f PARCEL Noa OWNER PROPERTY AMOUNT 3 Vernon Lang Prestige Parks Inc. `'' 4 Acres lying $60, 000. 00 l north of Co. Rd. 16 and westerly of DCCD 1st Addition. 4 Vernon Lang Lots Prestige Parks, Inc. 7 ' ^, 4, 5, E, and $93, S48. 70 Block 1 ; Lets 6 R 7, Block 4;- Lot 1, block 5; and Outlot E, Killarney Hills Addition, Scott County, Minnesota 5 Prestige Parks, Inc. Lot 8, Block 1 c/d Aaron R. Forcier Killarney Hills Addition, 9, 800. 00 Scott County, Minnesota 6 Dennis & Barbara Martin Lot 11, block. 1 $ 9, 384. 67 Killarney Hills Addition, Scott County Minnesota Total Acquisition Amount $173, 033. 57 Estimated Appraisal and Title Evaluation Costs 6000. 00 Total Loan Amount — $179: 033. 5-7 v I) ' 1 1 1 � PARCEL ; PARCEL B /r uTioT t� � � tF I i C4 10 PARK ,� 9 2 k eC 1 1 i Eye ' 1 I` * s PARCELi qo 1 PARCEL � 4 .. ouT�oT o : � • ovTLOT•f OUTLOT G OUTLoT C OVT10T ! ;O[TTLOT A - - G I TV ._QF__.__..SHAKOP'EE INCORPORATED 1870 ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee. Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrato FROM: H. R. Spurrier, City Engineer SUBJECT: Abating Assessment for Dean' s Lake i Engineer- 9 Improvement NO. 1976-1, Schedule P DATE: March 29, 1985 INTRODUCTION: _ When the above referenced assessments were adopted in June, 1979, two property owners received two assessments each for this project. One was Dale J. Strobel who later subdivided his parcel, the other was Charles R. Griffin who recently asked the City for permission to subdivide his property. BACKGROUND: When Mr. Griffin investigated the possibility of splitting his lot, he was told by the Planning Department that it was illegal to subdivide his lot as he proposed. It was illegal to subdivide his lot because the resulting lots would be less than the minimum size permitted by City Ordinance. Mr. Griffin then reminded the City Planner and I that he had been assessed benefit for two parcels and was only permitted to use one. Mr. Griffin said the City should refund the other assessment with interest or make some modification to the drain- age system so that it worked and did not continually damage his property. Mr. Griffin' s point regarding the Dean' s Lake Drainage Project was well taken and the project should be modi- fied so that it does not continually damage Mr. Griffin' s Prop- erty and so that the easement area used by the drainage system can be maintained with ordinary equipment. At the present time the drainage system cannot be maintained because the slopes were much steeper than designed, and because the rocks and debris washed into the system from the road above. l� Memorandum/Dean's Lake Road March 29, 1985 Page 2 Mr. Griffin request that at the very least, the second assess- ment be abated and that any money paid on the second assessment be refunded with interest. Mr. Griffin would prefer that the project be modified so that it does not cause a maintenance problem for him. This project is a maintenance problem for both the City and Mr. Griffin. It is a problem because the gravel road is un- stable on such steep slope and the rock continues to wash into the drainage system, which was installed to prevent the road and ditch from washing away. There is one thing that will prevent this road from washing away and that is a hard surface. That paving would cost approx- imately $15, 000. 00. Before it would pay the City to install the road, the City would have to be spending more than $1, 700. 00 per year maintaining this system. If the rocks were removed from Mr. Griffin' s front yard regu- lary, it is very likely the City could be spending that much money. The true solution is paving the roadway. The drainage system as constructed will never function without a very high maint- enance cost. The road is only 840 feet long and with a bitumi- nous curb section, could handle the runoff now draining to the underground system. The property owners do not want to spend $15, 000. 00 and the City certainly does not want to spend $15, 000. 00 unnecessariily, but something must be done or this problem will continue to plague the City. The City would not have a short term pay-off if we paved that segment of Dean' s Lake Road, however it would eliminate a recur- ring nuisance and reduce part of the Public Works Department' s annual maintenance responsibility. The alternatives mentioned above are: 1. Do Nothing. 2. Abate the second assessment to Charles R. Griffin for the Dean' s Lake Road storm sewer Improvement 76-1, Schedule P1. Project # 2, and refund any payment made to date with interest. Memorandum/Dean' s Lake Road March 29, 1985 Rage 3 3. Modify the existing drainage system so that Mr. Griffin' s property can be maintained with conventional equipment. 4. Improve Deans Lake Road by paving, so that all of the surface water is carried by bituminous curb to a safe outlet at the bottom of the hill . In my view, the only real long term solution would be paving Deans Lake Road. Any other solution falls short of solving the long term problem, regardless of what the history of this project has been, the fact of the matter is that the City has a continuing long term responsibility to maintain this drainage system in proper working order regardless of what recommendation is taken, something should be done to reduce the City' s long term problems. It is my recommendation that City Council ap- prove Alternative No. 2 at a minimum and then discuss conditions under, which Alternative No. 4 might be undertaken. ACTION REQUESTED: 1. Motion to direct Staff to prepare a Resolution abating the second assessment to Charles F. Griffin, 5310 Eagle Creek Blvd. , Shakopee, MN , Par-eel # 27-915032-00 in the amount of $420. 89 and refunding with interest any amounts Mr. Griffin may have paid to date. 2. Discuss conditions under which the long term problems with the Dean' s Lake Road storm sewer may finally be re- solved. HRS/pmp DEANLAKE RESOLUTION NO. 1268 l� A RESOLUTION ADOPTING ASSESSMENTS 1976-1 DEANS LAKE DRAINAGE WHEREAS, Pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessmentscf the Dean ' s Lake Road Drainage which was a part of the 1976-1 Public Improvement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That such proposed assessments together with any amendments thereof , a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it . 2 . Such assessments shall bepayable in equal annual installments extending over a period of ten (10) years , the first installment to be payable on or before the first Monday in January, 1979 and shall bear interest at the rate of 6. 75`/o per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31 , 1979 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments . 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor , pay the whole of the assessment on such property, with interest accrued to the date of payment , to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process cf collection on the current tax list , and he may pay the remaining principal balance of the assessment to the City Treasurer . ow t - RESOLUTION NO. 1268 continued 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted in session of the ty Council of the City of Shakopee, Minnesota, held this aq0"day of , 1978. Mayor ol the City of Shakopee ATTEST: `"JL��� City er Approved as to form this ?O day of June , 1978. City Alto ney RESOLUTION NO. 1242 A RESOLUTION DECLARING THE COST TO BE ASSESSED, ORDERING THE PREPARATION OF AND SETTING A HEARING DATE ON THE PROPOSED ASSESSMENTS FOR 1976-1 STREET IMPROVEMENT PROGRAM DEANS LAKE ROAD DRAINAGE WHEREAS, Contracts have heretofore been let for the 1976-1 street improvement program of which the Deans ' Lake Road Drainage Project was a part, and - WHEREAS, The contract price for such improvement is $5 , 714. 68 and the expenses incurred or to be incurred in making said improvements amount to $3,544. 79 so that the total cost of the improvements would be $9,259.47 and of this $9,259.47 the City would pay -0- as its share of the costs . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: .1. That the- cost of such improvements to be specially assessed is hereby declared to be $9,259.47 . 2 . . That the City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvements against every assessable lot , piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. 3. That the City Clerk shall , upon the completion of such proposed assessment , notify the City Council thereof. BE IT FURTHER RESOLVED: 1 . That a hearing shall be held on the 6th day of June , 1978 in the Council Chambers of City Hall at 8 :00 P.M. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment . 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvements . He shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Resolution No . 1242 continued _. Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 1978. Mayor ofthe--City o f Shakopee ATTEST: �J Cit Cler Approved as to form this day of May, 1978. �4 Cif y Attorney 19 ASSESSMENTS FOR STREET IMPROVEMENTS Project: Dean' s Lake Road Special Assessments Date: 6-7-78 CJH Schedule: 'P ' Improvement 76-1 Assessment Policy: 50% Improvement: Storm Sewer Project No . 2 d OWN E R DESCRIPTION LOT Ulm FRONT ASSESSMENT TOTAL -FOOTAGE ==--games- E . Pietrzak-& W 27 915 5241 013 00 __ One $420. 89 $420. 89 -=-5411 Eagle Creek Blvd . __Shakopee-,-_MN 55379 _ Dale---J,--Strobel -& W _- 27 915 5241 014 00 Two $420. 89 $841 . 77 - - _ -- - -- -- ._ . . 41_-Eagle -Creek Blvd . _ ---- - - - - - =--- Shakopee =-MN -55379 - Bruce K: Novak & W 7, 7.7.- 27 915 5241 015 00 - 7_. __-'_.._. One $420. 89 $420. 89 - 5420 Eagle Creek Blvd . Shakopee , MN 55379 zDavid J. Czajz & W 27 915 5240 030 01 One _ $420. 89 $420 . 89 5262 Eagle Creek Blvd . - - - Shakopee, MN 55379 Gary W. Eckert & W 27 915 5240 030 02 One $420. 89 $420. 89 5250 Eagle Creek Blvd . - Shakopee , MN 55379 Walter M. Heinzen 27 915 5241 031 00 One $420. 89 $420. 89 5331 Eagle Creek Blvd . -- - --- - Shakopee , MN 55379 Charles R. Griffin _ 27 915 5240 032 00 Two $420. 89 $841. 77 5310 Eagle Creek Blvd . - Shakopee , MN 55379 --David- J. Bates _ 27 915 5241 033 01 One $420.89 l 5284 Eagle Creek Blvd . Shakopee , MN 55379 Harlan H. Haworth & W 27 915 5240 035 00 One 5352 Eagle Creek Blvd. r - Shakopee, MN 55379 -- WHEN IT RAINS Shakopee plans to use a "new" technique to pay for the costs of managing storm water runoff - a Storm Drainage Utility . This leaflet is prepared to introduce you to this new utility and answer your questions. Why do we have a storm drainage system? Before people settled in Shakopee , the natural state of the land was rolling prairie and river valley covered with grass and trees . When it rained , the water soaked into the ground or flowed naturally to the rivers and streams . When people came to Shakopee, they built homes , stores , offices , churches , and paved the land with streets, parking lots , and driveways . Now, when it rains , the ground cannot absorb the water as easily , and more water flows off. As the development of the land continued , it became increasingly important to control the storm water. Storm drainage facilities had to be built, maintained and renewed in order to: o Protect people o Protect property o Reduce insurance risks o Improve property values o Enhance the environment o Provide for safe traffic flow To control storm waters and receive these benefits , there is a cost. The proposed storm drainage utility will spread these costs to those who "create" the storm water runoff. What is a storm drainage utility? A storm drainage utility is similar to the familiar sanitary sewer utility. The fee is based on the amount of water that is discharged into the system . For instance , a parking lot creates more runoff than a grass area the same size, so it pays a higher rate . Similarly, a large parcel creates more runoff than a small parcel , so it too pays a higher amount . In this way , the citizens of Shakopee will pay for the management of storm water in proportion to the amount of water they "contribute" , not on the value of their property . Why is a utility needed? Recent State legislation now requires Shakopee to take greater and earlier actions to protect water quality in our community than ever before . These actions will including forming a new water management organization (WMO ) and developing regional and local plans to identify problems . Today , storm water costs are paid for using general tax money property taxes. These new costs , when combined with the nearly $30 ,000 Shakopee must spend for doing storm drainage maintenance each year, represents a major expenditure of tax money. Shakopee must find a way to meet the rising costs in a fair and equitable manner, without adding additional burden to the property tax rolls . What's my share of the costs'? The expected quarterly fees in 1986 to various types of properties are shown below: PROPERTY TYPE QUARTERLY RATES Single Family Homes and Duplexes Cemeteries and Golf Courses Parks and Parking Lots Schools and Community Centers Multiple Family Dwellings and Churches Commercial/Industrial Your initial storm drainage fee will be billed separately, ultimately the fee will be included on the same electric , garbage , water and sewer bill you receive each month . The Cit d u c - ---� -Y ,Provides a Your feP i f Vo11 improve or reduce h� 1 ow rare with - ha Pr q tat i tt orsitA Please call the City Engineer s Office at 445-3650 if a reduction. you wish to discuss What portion of the costs are paid by property owners? Currently , a citywide portion equal to fifty total construction cost is paid through citywide percent of the Property taxes. The remaining fifty, percent is Paid through special assessments to the benefited property. This formula applies to both lateral and trunk storm sewer facilities in all cases except for new Platted subdivisions which pay 100% of the storm sewer costs . Under the proposed storm drainage utility, the citywide portion would remain at 50% but it would be collected as a utility fee similar to your monthly sanitary sewer bill . This adds equity to the financing formula in two important ways. D-0-P,, property with more hard cover and more runoff will share more of the storm sewer cost . Two , an additional percent of total costs will now be paid by tax exem t no property taxes for the citywide Portion Properties , who payed Y n in the past. The remaining 50% that was assessed to the benefited properties under the old formula will be financed in two ways . One , the specially benefited property will pay a 25% special benefit assessment (one-half the old rate ) , but pay it on a user fee and not an assessment . This reduction is required by State Supreme Court case law. The user fee is equity reasons one and Proposed because of The re paid for by Tax Increment two Districtmaining 25% will be taxes on new business) . Proceeds (deferred New contraction will still pay 100% sewer. for their lateral storm How will my money be used? Shakopee is a changing community, and as well as the planning for the future master plan will be developed and kept extremely up to date totdeterrmorm ine: o Where changes or repairs to existing facilities need to be made . o Where and when future facilities will be needed . o What must the City do to protect the quality of water in our lakes and streams to meet State and Federal guidelines. o Coordinated management of storm water flowing from Jackson and Louisville townships through Shakopee to the Minnesota River. 0 Part of City match for City storm sewer assessments. I Want more information! The City Council plans to hold a public hearing on the Storm Drainage Utility on January 9 , 1985 at 7 : 30 p.m. at City Hall . You are invited to attend . Also , further information can be obtained by called the Engineering Department at 445-3650 . C2TY OF SHa4KO1=>EH INCORPORATED 1870 +� ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, linnesota 55379-1376 (612) 445-3630 MEMO TO: Jahn K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: 1985 Curb & Gutter, Sidewalk, and Driveway Approach Replacement Program DATE: March 28, 1985 INTRODUCTION: Attached is Resolution No. 2390, A Resolution authorizing bids for the above referenced project. BACKGROUND: If ordered, this will be the third year of the Sidewalk Replace- ment Program. The 1983 program, consisting mainly of resi- d ent i a l work, totaled X22, 000. 00, while last years project totaled nearly $18, 000. 00 with inclusion of 3 commercial work areas. The City9s contractor has also performed much work on private Property, work under street cut permits and work for Shakopee Public Utilities while undertaking the 1983 and 1984 contracts. It appears that the existence of the annual contract, with related publicity, generates more replacement work than might otherwise occur. ACTION REQUESTED: Adopt Resolution No. 2390, A Resolution Approving the Specifi- cations and Ordering the Advertisement for Bids for the 1985 Curb & Gutter, Sidewalk, and Driveway Approach Replacement Program, Public Improvement 1985-3. i Approved Smittal Henry R. Spurri r, City Engineer FS/pmp CGMEMRES RESOLUTION NO. 2390 A RESOLUTION APPROVING THE SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE 1985 CURB 8 GUTTER, SIDEWALK, AND DRIVEWAY APPROACH REPLACEMENT PROGRAM PUBLIC IMPROVEMENT 1985-3 WHEREAS, Henry R. Spurrier, City Engineer, has prepared plans and specifications for curb & gutter, sidewalk, and driveway approach replacement program, Project No. 1985-3 and has presented such plarrs and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota: 1. Such plans and specifications, a copy which is on file and of record in the Office of the City Engineer hereby approved. G. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved pians and specifications. The advertisement for bids shall be published for 10 days and shall specify the work to be done and shall state that the bids will be received by the City Clerk unti1 10:00 A. M. or, May E, 1985 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and the City Engineer or their designated party, will then be tabulated, and will be considered by Council at 7:30 P. M. , or thereafter on May 7, 1985 in the Council Chambers and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by cash deposit, cashiers check, bid bond, or certified check payable to the City of Shakopee for not less than $5, 000. 00. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1985. ATTEST: Mayor of the City of Shakopee City Clerk Approved as to form this day of ' 985. City Attorney MEMO TO: John K. Anderson , City Administrator FROM: Barry A. Stock, Administrative Intern RE: Amendment to the Cable Franchise Ordinance DATE: February 26 , 1985 Introduction and Background On August 7 , 1984 , the Shakopee City Council approved Resolution No. 2288 . This resolution amended a previous resolution which established the Shakopee Cable Communications Advisory Commission. The intent of the new resolution (No. 2288 , see attachment No. 1 ) was to delegate more responsibilities to the Cable Commission in regard to cable related subject matter, i . e . subscriber com- plaints , variance requests , etc . With the passage of Resolution No . 2288 it became necessary to amend the cable franchise ordinance . Attachment No . 2 is that portion of the original cable franchise ordinance that is in need of amendment. Attachment No . 3 shows those changes to the ordinance as proposed by staff and the Shakopee Cable Communications Advisory Commission . The City Attorney has reviewed the proposed changes and believes they are in accordance with Resolution No. 2288 . I have underlined the changes for your convenience. A public hearing was held on February 25 , 1985 before the Shakopee Cable Communications Advisory Commission to receive comments on the proposed amendment. At that time , Zylstra-United Cable Manager, John Suranyi , stated that he felt that a variance request should not need 4/5 approval of the Cable Communications Advisory Commission . Mr . Suranyi has stated in a letter to the City of Shakopee that this is the only area of the proposed amendment in which he is in disagreement with. ( See attachment No . 4 . ) Upon discussion of the Shakopee Cable Communications Advisory Commission it was suggested that a variance could be approved by a majority of those seated and qualified . The Cable Commission also felt that decisions by the City Council in regard to appeals should require a 2/3 vote of the Council of the City . The Cable Communications Advisory Commission then moved to recommend to City Council that Section 14 . 04 of the cable franchise ordinance be amended as presented by City staff and discussed at the public hearing . In response to the Commission ' s action , staff requested the City Attorney to draft the appropriate ordinance amending Section 14 . 04 of the Cable Franchise Ordinance . (See attachment No. 5 . ) Alternatives 1 . Approve Ordinance No. 164 which amends the cable franchise ordinance as proposed by the Shakopee Cable Communications Advisory Commission. 2 . Do not amend the cable franchise ordinance . 3 . Make additional changes to the proposed amendment and approve . Staff Recommendation Staff recommends alternative No. 1 . Action Requested Move to approve Ordinance No . LEA which amends Shakopee City Code , Chapter 15 , entitled "Cable Communications , Franchise Ordinance" by repealing Section 14 . 04 entitled "Amendment of Franchise and Variance" and by enacting a new Section 14 . 04 entitled "Amendment of Franchise and Variance" and by adopting by reference Shakopee City Code , Chapter 1 . BAS/jms Attachment � 1 FESOL U1101i 10 2288 1 � A RESOLUTION AHEPDIiIG RESOLUTION NO. 2102, ESTABLIS11ING THE SHAKOPEE CABLE COMMUi!ICATIONS ADVISORY CO11;ISSIONS IJHEP,EAS, on January 1S, 1963, the Shakopee City Council established the Shakopee Cable Communications Advisory Commission by Resolution No. 2101 , and WHEREAS, the Council is desirous of delegating some cable responsibilities to the Commission at this time. 1;OW, THEREFORE, EE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, NINN'ESOTA that Resolution No. 2101 , which established the Shakopee Csble Communications Advisory Commission is hereby amended by repealing item number six, Powers and Duties, in its entirety and adding the following: . -61 Powers and Duties/Advi5urv• The Commission shall be advisory in nature in regard to the following, with all decisions forwarded to the City Council as recommen- dations. Commission recommendations shall include but not be limited to the following matters regarding cable communications in the Shakopee . Cable Service Territory: a] Franchi. Compliance: Monitorcable operator compliance with Ordinance 140. 100, City of Shakopee Cable Communications Franchise Ordinance, and report any deviations from said franchise to City Council. Make recommendations on implementing and terminating penalties as provided v�ithin the franchise ordinance. hake recommendations to the City Council regarding system evaluations. b) Ordinance Chang-cs: Conduct hearings and make recom- mendations on proposed Amendments to the Cable franchise, including but not limited to rate changes, chanes in ownership, and system upgraae. c] Renet•;t1 of Refran liisin•"• The Commission shall revaimienu whether and under what terms the franchise shall be renewea or a new franchise shall be authorized. d) Annual Reg ,rt.: Subr,it an annual report to the City Council outlining the Comriission activities during the past year and any recora;iiended directions for the new year. e) Lon—Prc 'it Conmuc_ity hcc Cor;- .ration or Orriani a tio,:s: COOperate Witt! the Shakopee Coririunity Access Corporation, any organization, or• individual involved witn local access or local origination programming in Suakopee. Review requests for funding mace to the City by such Organizations or individuals and ruonitor lunOs granted by the City for the promotion of local access pro ramming. 71 Pourers ere• Dut;es/Desi ^ionL: The Commission .is hereby OelegaLeu the responsibility of making decisions on -- the below listed cable matters subject to appeal to the Council. IJritten appeals raay be mane by any interested party and ;,lust be received uy the City Arwinistrator witnin seven (7) cat's Of the Cable Coraaissions action. Iii;er, ari appeal is ;„ace Lo iiie Council, written notice tiiallbe prcviue4 LO the i,arLy -al;ing the appeal as W; li a:, Lhe cLblc oper :LUr. Loven days prior tO the Np. 1 UCin. plz;cCu Oi, Lilt CC;UiiCil aLbi,ub. 1.11 LtCi6ionz y Li,e Cuta : 1i :.rte .irsai. r y a] Subscriber Cor::L) mints: The comr.;izsion shall hear suozeriber cor„plaints which have not been corrected by the cable operator to ;;lie satinfaction of the cowpiaintsnt. Tue Co:.u,:ission shall resolve said complaints. bJ Variance I(tcuests: The Cor:.r..issiou shall consider requests for vjriz�nce frcr,: the franchise ordinance. not approved by the City Administrator and forwarded to the Co::,wission by said Administrator, after the current frar,cirise ordinance is amended to permit sab,e. cJ Channel Allocations: Act on requests from the cable operator for chanf;es to the channel allocations. dJ Community Viewinr. Center/Community Conuuter Center: Act on requests and problems regarding the operation of the Community Viewing Center and the Community Computer Center, which are not inconsistent with the cable franchise ordinance. el Pionthiy Reports From Cable Operator: Be recipient of monthly reports prepared by the cable operator submitted to the City. Adopted in _ session of the Lity Council of th� City of Shakop e, Ninnesota, held this �_M day of 1984. 6 $-y'r90f the City of Sh'ak.opee ATTEST: Cit C erk Approved as to form this day of 1964. City Atto ,ey Attachment #2 of the Franchise, City shall have the right, at its elec- tion, to: A. Renew or extend this Franchise; B. Invite ar9ditional franchise applications or proposals; C. Terminate this Franchise without further action; or, D. Purchase the System from Grantee. Grantee shall make it a condition of each contract entered into by it that City shall have the right to exer- cise these options . 14. 04 Amendment of Franchise and Variance. A. Amendment of Franchise Ordinance. After published notice, public hearings and deliberations of the Council of City, this Franchise may be amended upon a two-thirds (2/3 ) vote of the Council of City and the written consent of Grantee. D. Variance Applications and Procedure. 1 . Variance applications made by the City or Grantee and, except as provided under 2 of this section, shall be heard as follows : a-. - The requested variance is a minor deviation from this Franchise and is consistent with this Franchise -911;- in the sole judgment of the City. b. Application of the provi- sions of the rranchise would result in a hardship to the applicant and to grant a variance would not be detrimental to other affected par- ties . C. Due to expense or delay it would be unreasonable to perfect such change by ordinance amendment. d. Undue delay, expense or other adverse results will not occur by approval of the required variance. e. If a variance is because of technical or cost reasons the variance will be equal or better. f. Because of technical or other reasons a variance cannot be granted and further review will be required by City. 2 . A variance shall not result in a deviation from the requirements of the PICCB or FCC or any other rule or law. 3 . A variance application shall be made -97- l z in accordance with the following procedures : a. Applications shall be filed with City Administrator, together with an application fee, to be set by resolution, on a form prepared by City Administrator. b. Unless City notifies Grantee within 15 days, the variance shall be deemed approved. - C. City Administrator shall review the application within 14 calendar days. d. City Council shall receive a report of the findings of the City Administrator and shall act on a reauest within 30 days . e. 11' the variance is not approved by two-thirds of the Citv Council, the variance shall be deemed denied. 14. 05 Franchise Renewal . A. Grantee may apply for renewal of this Franchise by making application to do so not later than twelve (12 ) months and not earlier than eighteen (18 ) months prior to the expiration of this Franchise unless City determines not to reissue thefranchiseor desires -96- Attachment W3 of the Franchise , City shall have the right, at its election, to : A. Renew or extend this Franchise ; B. Invite additional franchise applications or proposals ; C. Terminate this Franchise without further action; or, D. Purchase the System from Grantee. Grantee shall make it a condition of each contract entered into by it that City, shall have the right to exercise these options. 14 .04 Amendment ,of Fr-anch ' se- a d Varianc e. A. Amendment of Franchise Ordinance. After published notice, public hearings and deliberations of the Council Of City , this Franchise may be amended upon a two-thirds (2/3) vote of the Council of City and the written consent of Grantee. B. Variance Applications and Procedure. 1 . The Shakopee Cab1 e Commurri catiorrsAdvisorv- Commi--sloe shall have sole authority n -d terminin¢ what considera- tions shall be d erred as rel evant factors 'in izrantina a variance exceut as provided under -i-tem -2- of- this sec on . -The*- ,Shako-Dee Cab e Communications Advisory Commission shall have the right .- at Its- eieetzon . to cons ' der a reouested' variance when It is a minor deviation from this Franchise and is- cons ' stent with this Franchise in the sol P _ludizement of tfie---Shakonee Cable ...Commun ' cations Advisory Commission - Factors that the ShakoD P Cable ComMUn cations Advisorv -Commission will . consider in . sts review of regues,te-d....variances include-,--but are not l imZted to the followi-n a. Application of the provisions of the Franchise would result in a hardship to the applicant and to grant a variance would not be detrimental to other affected parties. b. Due to expense or delay it would be unreasonable to perfect such change by ordinance amandment . C . Undue delay, expense or other adverse results will not occur by approval of the required variance . d . If a variance is requested bPn;;uCP of technical or c7ct re4ccr. . tine v?rnce v 1 7 1ha ecu ,1 a_- fetter. 2 . A variance shall not result in a deviation from the requirements of the MCCB or FCC or any other rule or law. 3 . A variance application shall be made in accordance with the following procedures : a . Applications shall be filed with City Admin- istrator , together with an application fee , to be set by resolution , on a form prepared by City Administrator. b . Unless City notifies Grantee within 15 days , the variance shall be deemed approved . C . City Administrator shall review the application within 14 calendar days . d. The Shakopee Cable Commun'cat ' ons --Adv'iscry Commission shall receive a report of the findings of the City Administrator and shall act on a request within 30 days . e. If the variance is not approved by a majority_ of those Cable Communications Advisory Commission Members seated and qualified the .variance shall be deemed denied . f. Written appeals to the City Council from the Shakopee Cable Communications Commission decision may be made by any interested party and must be received by the City Administrator within seven ( 7 ) days of the Cable Commission ' s actions . When an appeal is made to the Council , written notice shall be provided to the party making the appeal as well as the cable operator seven days prior to the aRpeal being placed on the City Council agenda All decisions by the City Council are final and will require a 2/ 3 vote of the Council of the City . Attachment Number 4 Zylstra—United Cable Television Co. Chaska Shakopee Northfield 123 West Third Street P.O. Box 146 Chaska, MN 55318 (612) 448-3831 February 5, 1985q^r, Mr. John K. Anderson Shakopee City Administrator 129 E. 1st Ave. Shakopee, MN 55379-1376 Dear Mr. Anderson: On February 1st, 1985 I recieved a letteX from Mr. Barry A. Stock (Admin. Assistant) regarding the Shakopee Cable Communications Advisory Commissions (CCAC) proposal for variance to the Franchise Ordinance. I have recieved the current Franchise Ordinance (Section 14.04, Amendment of Franchise and Variance) along with the CCAC proposed ordinance change. The proposed amendment would affect the authority the CCAC would have concerning any variance requests proposed by Zylstra-United Cable television Company. Since assuming management of the Z/U systems, I have only been in attendance of one CCAC meeting (January) . But at that time, my evaluation was that each member seemed to act in a very fair and professional manner. It seems to me that these people spend alot of time evaluating Shakopee Cable Television on a continual basis along with any changes or advances in the CATV industry. So, at this time, my decision would be in favor of the variance, since these people would be the most qualified to make a fair and objective decision with regard to the CTV Franchise Ordinance. My only disagreement would be in Section 14.04 (B,3,F) . The approval of a variance should only need 3/5 approval of the CCAC to protect Z/U from any absenteeism. If the 4/5 approval was implemented and a CCAC member was absent, Z/U would need majority decision before approval of a variance. I hope my input can be of some help and I am looking forward to working with you in the future. If I may be of any help in the future, feel free to call. Thank you. Sincerely, John B. Suranyi Zylstra-United System Manager JBS:mk cc: Barry Stock (Admin. Assistant) Jim Clark ( United, Div. Manager) ORDINANCE NO. 164 Fourth Series An Ordinance to Amend Shakopee City Code, Chapter 15, entitled Cable Communications , Franchise Ordinance" by Repealing Section 14.04 entitled "Amendment of Franchise and Variance"and by enacting a new Section 14.04 entitled"Amendment of Franchise and Variance" and by adopting by reference Shakopee City Code, Chapter 1. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Repeal Section 14.04 is hereby repealed in its entirety. SECTION II: A New Section 14.04 entitled Amendment of Franchise and Variance is hereby adopted. A. Amendment of Franchise Ordinance. After published notice, public hearings and deliberations of the Council of the City, this Franchise may be amended upon a two-thirds (2/3) vote of the Council of City and the written consent of Grantee. B. Variance Applications and Procedure. 1.The Shakopee Cable Communications Advisory Commission shall have sole authority in determining what considerations shall be deemed as relevant factors in granting a variance except as provided under item 2 of this section. The Shakopee Cable Communications Advisory Commission shall have the right, at its election, to consider a requested variance when it is a minor deviation from this Franchise and is consistent- with this Franchise in the sole judgment of the Shakopee Cable Communications Advisory Commission. Factors that the Shakopee Cable Communications Advisory Commission will consider in its review of requested variances include, but are not limited to the following: a. Application of the provisions of the Franchise would result in a hardship to the applicant and to grant a variance would not be detri- mental to other affected parties. b. Due to expense or delay it would be unreasonable to perfect such change by ordinance amendment. C. Undue delay, expense or other adverse results will not occur by approval of the required variance. d. If a variance is requested because of technical or cost reasons the variance will be equal or better. 2. A variance shall not result in a deviation from the requirements of the MCCB or FCC or any other rule or law. 3. A variance applciation shall be made in accordance with the follgwing procedures: a. Applications shall be filed with City Administrator, together with an application fee, to be set by resolution, on a form prepared by City Administrator . b. Unless City notifies Grantee within 15 days , the variance shall be deemed approved. c. City Administrator shall review the application within 14 calendar days. d. The Shakopee Cable Communication4 Advisory Commission shall receive a report of the findings of the City Administrator and shall act .on a request within 30 days. e. If the variance is not approved by a majority of those Cable Communications Advisory Commission Members seated and qualified the variance shall be deemed denied. f. Written appeals to the City Council from the Shakopee Cable Communicat- ions Commission decision may be made by any interested party and must be re- ceived by the City Administrator within seven (7) days of the Cable Commission's actions. When an appeal is made to the Council, written notice shall be provides to the party making the appeal as well .as the cable• operator seven days prior 2- to the appeal being placed on the City Council agenda. All decisions by the City Council are final and will require a 2/3 vote of the Council of the City. SECTION III: Adopted by reference Shakopee City Code., Chapter 1, entitled "General Provisions and Definitions applicable to the entire City Code including penalty for violations nis hereby adopted by reference as though repeated verbatim herein. SECTION IV: When effective 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 Shakopee City Council held this days of 1985, Mayor of the City of Shakopee ATTEST: ' City Clerk Prepared and approved as to form this 18th. day of March , 1985. City Attorney ut Jr a s bt� k�` x srrR �1 yh�t t s +�a�c y s t•: .i ._ � ' PROCLAMATION r?►mas3 �' WHEREAS, the State of Minnesota is rich in natural resources-,;'. kat¢ T and beauty and 'r { WHEREAS, every citizen should make a diligent effort to keep our environment clean and healthful by working together to preserve clean air, fresh water and the natural beauty of "R' pTbi:' iRcs. . our state; and WHEREAS, Minnesota Beautiful Month is organizing Minnesotans "' ~9` in a statewide effort to .imporve the community environment -b /y Y Y establishing .recycling programs, clean up efforts landscaping beautification and tree planting; and 4ad«.gi WHEREAS, Minnesota Beautiful committee, a group of public o ti and private .volunteers, originated:Minnesota Beautiful Month J;P , to-focus attention on.the eforts of concerned Minnesotans- - c4 qik` . NOW_ , THEREFORE, `I,' Eldon A Reinke, Mayor of the City of Shakopee, do hereby proclaiMi the month of May 1985, to be \ t MINNESOTA 'BEATjTIFV MONTH 7 ' 1 l Zo in Minnesota, and`ask all §citizens from businesses, civic groups, ' s, s government'agencies-and other--organizatsnris in :Shakopee to 'work j together to preserve tfie nat'uralbeauty of our., state not only during Minnesota Beautiful Month.,'- but throughout the >year. ;. ' 1 f Dated this 2nd day of April;` 1985 Mayor of the City of Shakopee "�f SMI' s F�,: �• / r 1 magma..r, Mkt y\ l rl PWI l l L C ; Y F-r — '�.i•` .y MEMO TO: Shakopee City Council FROM: LeRoy Houser, Building Official RE: Water Slide DATE: March 28 , 1985 Introduction: The plans and specifications for the water slide are complete and ready for your approval . Background: As per your instructions , the plans for the water slide are complete, ready for your review and authorize advertising for bids . The slide and structural components will be bid separately. The erection, electrical, pump, piping and concrete will be bid as one package . The fencing will be a separate bid and the fencing configuration will be determined by the Rec. Director when the slide is near completion. Recommendation: Review and give approval of the water slide design and authorize the advertisement for bids . Complete specs are available at city hall . Action Requested: Direct staff to advertise for bids for the purchase of the water slide and support components and the erection of the slide . LH: cah E k 15T L►J C3 F-uo L_ WA L-L- -- ------------- —-- _ 111 N TE: DISCHARGE VALVE ON PUMP SHOULD BE SET SECTION _ A (OPEN OR CLOSED) SO THAT THE PUMP DOES NOT SCALE : 1 i 2 .1 — PRAW MORE THAN 8% OF THE RATED AMPERAGE FWMI WOZZLIL�7� caY TS414UeTtc.) STAMPED ON THE PUMP. ELECTRICAL POWER NOTE : l.�fRtbER .MAXIMUM ACROSS-THE-LINE. PUMP-STARTING LOADS S IoxlOizEpUGER SHALL SE VSRIFIED W/ LOCAL POWER COMPANY. IoxlDxtoTee / PROVIDE INCREMENT-TYPE STARTERS. IF AND A by to R.eDU[.E(Z.. 8 \ I0`0RI5E1Z REQUIRED. BY POWER COMPANY. 101'I CONSULT TECHNETIC INDUSTRIES FOR SYSTEM POWER i RISER SCHEMATIC VOLTAQE, RTG., YEFORE PURCHASING ANY EQUIPMENT. NO SCALE 10"91 9 IS Fit W110x10AIP TEE 1 _ 1 I I I �� . P 5UPP0KT 1 / i 0 ---- ��-- � �•------ter rb ALL MATI --- Milli ELP, PHOT � - H6,x ICJ F EI)JI:Ef` MATT -�-- 10�,1 FLUME SUPPLY �ISGttAfZ4G l-Iti1l= -- Wlll TECs, �.._ .. t0° WYE I hereby certify t or report was prej, direct supervision. Registered Archite C PIPE AND FITTINGS SHALL BE PIPING PLAN State of l;innesota ROBERT 11. OLSON 160, . SCHEDULE -40 PRESSURE PIPE$ NO SCALE % "--,WITH NSF SEAL' OF APPROVAL. Date -a/1-7 4> ) 3c MEMO TO : Mayor and City Council FROM: John K. Anderson, City Administrator RE : Scottland Rezoning Request DATE : April 1 , 1985 Representatives of Scottland would like to introduce their rezoning request and review the material included in your info items, No . 10. They would like to make a 10 to 15 minute oral presentation, under other business. JKA/jsc r SCOTTLAND INC. March 19, 1985 Mayor Eldon Reinke and Shakopee City Council 129 E. First Avenue Shakopee, MN 55379 RE: Property East of C . R. 17 South of Junior High School Dear Mayor Reinke and City Council Members : Scottland Inc . is proud of its track record as a developer in the City of Shakopee. In Shakopee, we have developed only industrial land and the racetrack . In other cities , we have developed multi-family homes and single family homes. For years we have been studying the possibility of developing quality multi-family homes in Shakopee. We have examined a lot of parcels . We believe that we now have the right property and this is the right time to bring quality multi-family homes to Shakopee. We hope you will agree . The purpose of this letter is to request the opportunity to present a proposed development plan to the City Council at its April 2nd , 1985 meeting and to summarize the planning and factual reasons in support of a proposed development plan and rezoning of the above-referenced property . If the rezoning requested is approved , Scottland will finalize the plans and specifications for these multi-family buildings and begin Phase I construction of 3 buildings, of approximately 60 units each in August , 1985 . The buildings will be available for rental in the spring of 1986 . Thereafter , Scottland will proceed with the development of the remainder of the land as market conditions warrant and after approval of the housing types by the City . Scottland intends to remain as the general partner and manager of the development once constructed . The estimated cost of Phase I construction will be in excess of five million dollars . This portion of the development will yield at least $ 160 ,000 annually in additional property taxes. 5244 Valley Industrial Boulevard South, Shakopee, Minnesota 55379/612445-3242 Mayor Reinke and City Council Members March 19 , 1985 Page 2 Our development plan be presented by: (a ) Tim Keane , AICP , who is the project manager for this development will review with you the existing and proposed rezoning of the property; (b) John Shardlow, of Dahlgren , Shardlow and Uban , who is our site and landscape planner . Who will review the planning reasons which support this rezoning and development plan ; and (c ) Paul Madson , lead architect for the development, a member of the firm of Arvid Elness Architects Inc . Mr . Madson will review the multi-family housing types we are using as our models for the development of our final housing type to be presented to you at the April 4 , 1985 meeting. At the City Council meeting we would like to give you a short presentation of our development plan which we have been developing for several months so that we can answer any questions you may have at the end of our presentation. We will proceed with more detailed plans after we have received your comments. We intend to file our formal application for rezoning so that a public hearing can be held on the rezoning at the Planning Commission meeting of May 9 , 1985 . Please find attached the existing and proposed zoning for the 95 acre parcel located south of the Junior High School and east of County Rd . 17 (the Property) . The rezoning pursuant to our development plan proposes to downzone approximately 26 acres from B- 1 Highway Commercial to R-4 High Density Residential and rezone approximately 65 acres from R-2 Single Family Residential to R-3 Medium Density Residential . Approximately 10 acres of the Property would be dedicated to the City for storm drainage facilities and 6 acres would remain B- 1 Highway Business . There are sound planning reasons in support of the proposed rezoning . These include: 1 . The site is ideal for multi-family home development because it is presently well served with public services including water , sanitary sewer , transportation facilities , schools , existing and proposed parks , and recreational opportunities . 2 . The development plan furthers attainment of policies and objectives for affordable and moderate income housing policies and objectives set forth in the Comprehensive Plan . 3. The development plan will significantly increase the City ' s housing stock of affordable housing for moderate income households . C, Mayor Reinke and City Council Members March 19 , 1985 Page 3 4 . The current rental housing vacancy rate is between .5% and 1% . The proposed plan will meet immediate housing needs in the City. 5 . The Property is bounded by existing and proposed significant transportation systems : (a) County Rd . 17 - minor arterial to the west (b) 13th Avenue - collector street to the north (c ) TH101 Bypass - intermediate arterial to the south An examination of similar intersections elsewhere shows that multi-family development is quite often the only reasonable use for the property because highway noise inhibits the development of single family homes . The proposed commercial use at the corner of our property , adjacent R-41 and then R-3 zoning provides for an orderly transition and buffer from the Bypass to R-2 use district . 6 . The rezoning to R-4 will only increase the high density residential land in the City from 1 . 1 % to 1 . 3% of total land area . We have reviewed the other R-4 zoned vacant property in the City and find that the development of it is not suit- able and feasible at this time for development of the high quality multi-family units we propose. 7 . The Property is within the 1980-85 Urban Service Area . 8. The development plan will make a significant contribution to the tax base . 9. The two high pressure gas mains cutting through the Property pose significant barriers to low density development . The cost to relocate the high pressure gas mains is excessive and buildings must be clustered to permit construction around the gas mains . 10 . Our marketing experts tell us that there is not now, or in the foreseeable future, a market for the 40 acres of business zoned property presently shown at this site . Moreover , any commercial use would be along 13th Street at the bypass intersection and would not extend deeper than 300 to 500 ft . The Comprehensive Plan reserves property at this intersection which is more than sufficient to meet the commercial land needs for the City . If this rezoning is approved , there remains approximately 160 acres of vacant land designated for commercial uses at this intersection . Mayor Reinke and City Council Members March 19, 1985 Page U 11 . Because of the present lower interest rates , and prediction of higher interest rates in the immediate future , Scottland Inc . projects a narrow "window of opportunity" to construct high quality market rate rental housing at this time. Because of high interest rates , no significant apartment projects have been built in the Twin City area for 10 years . Scottland Inc . stands prepared to develop at this time to meet immediate housing needs. 12. Scottland Inc . has interviewed dozens of the top residential architects in the area. The architect chosen by Scottland Inc . , Arvid Elness & Associates , has experience within the City of Shakopee and will design the highest quality affordable housing available in the City . We respectfully request your comments and suggestions in response to the proposed rezoning and development for the Property. Very truly yours , SCOTTLAND INC . Bruce D. Malkerson Executive Vice President and General Counsel Timothy J . Keane , AICP Vice President TJK : ap Attachment R4 � 1 pth Is kn :EC Canterbury Downs 3 vis I e R2 V AG III - --- - i LATOUR PROPERTY SHAKOPEE, MN. EXISTING ZONING Scale:t'-500' IQt 1 13 March 1985N v h R4 ' 0 1 tfi e.ye C T m O m e m Canterbury urY Downs CS vis I BI R2 U IIIIIII�III IPIIIIRIOIRIIIIIIIIIIII 3 BI AG LATOUR PROPERTY SHAKOPEE, MN. PROPOSED REZONING Scale:l'-500' 1Q� 13 March 1985 1 v r T0: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Al DuBois Sewer Damage Claim DATE: April 2, 1985 Introduction & Background Al Dubois has had a series of sewer backups in his home. The service line was dug up twice and the problem turned out to be a design and construction error where the wye entered the main. Transamerica, the city' s insurance company, paid Mr. DuBois $280. 50 for damages to the interior of the house. The City paid $2, 996. 00 in February to Mr. DuBois in order for him to pay off a loan he took out to pay for the cost of digging up the service line. Since the middle of February, it appears that staff thought that Mr. Krass was following up with a final resolution to the situation and Mr. Krass thought staff was. Mr. Krass' letter of 2/12/85 states that he feels that the City is liable for the costs incurred by Mr. DuBois and that he was looking into insurance coverages that the City has in order to pay for this. Six weeks later, Mr. DuBois is still waiting for payment of the balance of his costs. In this case, it appears that the City is at fault by a design error and the property owner should not have to wait for payment for the City to come to terms with the insurance carrier. I have been in contact with the issurance company today and am following up with them. It looks like it will be difficult to convince them that it is a compensable loss. Rod Krass is out of town for a week. The balance Mr. DuBois is requesting is for: Interest on loan $86. 30 Driveway repair 350. 00 Landscaping repair 165. 00 Black dirt replacement _75. 00 Total $676. 30 Alternatives 1. Continue to delay payment intil determination is made by insurance company. 2. Deny payment. 3. Make payment now let the City make settlement with insurance company. Recommendation Alternative number 3. Action Requested Move to authorize payment to Mr. Al DuBois in the amount of $676. 30 for sewer backup repair costs due to sewer design error. TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1985 Fire Pumper Payment DATE: April ^c, 1985 Introduction & Background The Council authorized purchase of a pumper and recommended payment for the chassis when it was ready in order to save $3, 500. The authorization was at the August 21, 1984 meeting. The chassis is ready and scheduled to be picked up on 4/5/85. The body manufacturer is requesting $69, 000 to pay for the chassis on 4/5/85 and therefore save the $3, 500 which is passed on to the City in accordance with Council' s recommendation. We have a performance bond for $168, 000 from the body manufacturer. Action Requested Move to authorize payment of $69, 000 to Custom Fire Apparatus, Inc. for the chassis for the 1985 fire pumper.