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05/07/1985
MEMO TO : Mayor and City Council FROM: John K. Anderson, City Administrator RE : Non-Agenda Informational Items DATE : May 2 , 1985 1 . Attached is a Lhank you letter from Dr. Mayer commending Judi Simac for the outstanding teaching job she did for the schools High Potential Facilitator Program. 2 . St . Mark ' s Catholic Church has applied through the State Licensing Board for a bingo and gambling license ( application attached ) . If the City has any objection, it must be forwarded to the Licensing Board prior to May 12 , 1985 . Councilmembers should plan to discuss any concerns they have at the May 7th Council meeting . If the item is not brought to the formal agenda we will assume there are no objections to the State license. 3 . In conjunction with Council ' s approval of the 1985 towing contract with Koehnen ' s , Council asked for a copy of Mr. KoehnenIs contract for subleting the towing of larger vehicles. Mr. Koehnen has provided the extremely brief attached contract which has been reviewed by the City Attorney and determined to be legally binding. If any Councilmember has a problem with this informal contract please let me know. 4 . Attached is a letter to Bo Spurrier from the Industrial Waste Section of the Metropolitan Waste Control Commission. It outlines a serious problem being created by Conklin Corporation which is dumping industrial wastewaste discharge into the sanitary sewer . We will keep you posted as we follow-up on this item. 5 . Attached is a notice from the Transportation Regulation Board regarding a petition by the Chicago, Milwaukee , St. Paul and Pacific Railroad Company to eliminate providing a shipping clerk in Shakopee. This request effects only Rahr Malting. I have spoken with Dan Stone of Rahr Malting and he indicated that Rahr plans to attend the hearing , but will not object to the petitioned change . Rahr and the Milwaukee Railroad have worked out an alternative that Rahr is satisfied with. Under these circumstances, staff does not feel it is necessary for the City to formally comment on the petition. 6 . Attached is- a memo from Jim Karkanen regarding a sewer backup on Shakopee Avenue . A follow up memo I received _ from Jim indicated we had flushed this line as recently as February 1985 . The claims are proceeding through the normal sewer back up claim process. 7 . Attached is a letter from Marilyn S . Hargens responding to our comments regarding the request of the Chicago and Northwestern Transportation Company to remove the rail siding serving Fairest Made Food. I plan no further follow- up on this item. 8 . Attached is an update from the Metropolitan Council on the request received by the Council for funding under the Right-of-Way Acquisition Loan Fund . 9 . Attached is an excerpt from the League of Minnesota Cities magazine including the registration forms and agenda for the League ' s Annual Conference to be held June 12-14 . Please contact Jeanette by May 10 if you plan to attend . 10. Attached is a rather lengthly letter from Senator Rudy Boschwitz regarding his position on General Revenue Sharing. 11 . Attached is the monthly calendar for the month of May. 12. Attached is the agenda for the May 8 , 1985 meeting of the Downtown Ad Hoc Committee . 13 . Attached is the agenda for the May 9 , 1985 meeting of the Board of Adjust and Appeals and the Planning Commission. 14. Attached are the minutes of the April 12 , 1985 meeting of the Shakopee Baseball Lighting/Stadium Committee. 15 . Attached are the minutes of the April 18 , 1985 meeting of the Shakopee Coalition . 16 . Attached are the minutes of the March 25 , 1985 meeting of the Cable Communications Advisory Commission. 17 . Attached are the minutes of the April 9 and April 15 , 1985 meetings of the City Hall Siting Committee . 18 . Attached are the minutes of the April 4 , 1985 meeting of the Board of Adjust and Appeals and the Planning Commission. 19 . Attached are the minutes of the April 9 , 1985 meeting of the Planning Commission. 20 . Attached is a letter from George Muenchow ` to Mike Bemis regarding the softball league using Jackson Township ball- fields. Please read it , someone may ask you questions . 21 . Attached is a summary of the role of the Governor ' s new Advisory Council on State-Local Relations . The Council has met twice . The League of Minnesota Cities did not oppose its creation . We will keep you posted on future activities of the Council . 22 . Attached is a blank City Administrator evaluation form for 1985 . Please complete and return it by May 13th . For reference I have included a copy of the tabulation from 1983 and 1984 . 23 . Attached are the minutes of the April 1 , 1985 meeting of the Shakopee Public Utilities Commission . 24 . Attached are the minutes of the April 15 , 1985 meeting of the Shakopee Public Utilities Commission. 25 . Attached is a memo from George Muenchow regarding O ' Dowd Lake fishing dock insurance coverage. JKA/jms l DISTRICT OFFICES INDEPENDENT SCHOOL DISTRICT NO. 720 505 SOUTH HOLMES JAMES STILLMAN, Chairperson SCOTT COUNTY ROBERT MAYER, Ed.D. JERRY LEBENS. Vice-Chairperson SHAKOPEE, MINNESOTA 55379 Superintendent o/Schools GAIL REBECCA KELSO. Clerk TELEPHONE: 445-4884 VIRGIL S. MEARS JOHN GOIHL, Treasurer Assistant Superintendent WARREN HALLGREN, D.D.S., Director JOAN LYNCH, Director JAMES SORENSEN, Director April 15, 1985 Mr. John Anr:erson Shakopee City Manager City Hall Shy hopee; A innesota Dear NIT. Anderson: The purpose of this letter is to formally express the thanks of the Shakopee school district for the donation of one of your staff to our High Potential program this past February and March. Our High Potential Facilitator, Jane Keyes, has told me of the outstanding teaching job done by Judy Simak for the OmniPlus City Planning unit. We are indeed fortunate to have a person of her status and caliber willing to make the process understandable to third and fourth graders. She made these youngsters aware of the important period that this is in Shakopee's expansion. Few others could speak of the growth and change with as much authority as she did. It is impossible to know right now what changes it made in these students, but there are probably more than we'll ever know. I hope there is a part of your annual report reserved for community service above and beyond that ordinarily given. If so, I hope that PAs. Simak receives some recognition for the quality time given the school district this year. Thank you for the loan of her services. She certainly did a wonderful job. Sincerely yours, Rja 7-/----" Robert Mayer Superintendent of Schools RM:gar AN EQUAL OPPORTUNITY EMPLOYER Minnesota Charitable Gambling Control Board FOR BOARD USE ONLY 900 Summit State Bank Building 310 4th Avenue South w Minneapolis, MN 55415 � t (612) 341-7676 GAMBLING LICENSE APPLICATION (Class A, B, or C) INSTRUCTIONS: 1. PRINT OR TYPE.- 2. Bring completed application to local governing body, obtain signature and date on all copies, and leave goldenrod copy. Applicant keeps pink copy and sends remaining copies to above address. 3. Chanaes in application information must be submitted within 10 days after the chance. Type of Application: a Class A - Fee $100.00 (Bingo, Raffles, Paddlewheels, Tipboards, Pull-Tabs) ❑ Class B Fee $ 50.00 (Raffles, Paddlewheels, Tipboards, Pull-Tabs) ❑ Class C - Fee $ 50.00 (Bingo only) Make checks payable to: Minnesota Charitable Gambling Control Board. Applicant (Official, legal name of organization) Site Address The Church r ..t '.t St. ':ark's Parish Play.rounds Business Address City, State, Zip 3343 4tn Street Shakopee. '-K 55379 City, State, Zip County Shakopee, �sl 55379 Scott County Yes No 1. Are all qambling activities conducted at Scott the above site? If no, complete a sepa- Business Telephone Number Federal I.D. Number .Y. rate application form for each site as a ( 6'12 ) 445-1229 41-0713889 separate license is issued for each site. Type of Organization �] ❑ % 2. Is site located within city/town limits. Faternal Veterans ❑Q Religious ❑ Other Nonprofit Organization 3. Does organization own the site where Type of Organization Charter gambling activity will be conducted? If ❑ International ❑ National @ State x no, attach copy of the lease for the Number of Years in Number of Articles of site. Existence (in Minnesota) Incorporation (if incorporated) Lessor Name (i lease or rent) 129 Location Where Articles are Filed Address P arisrl t1018e Yes No 1. Does oro_anization have a dues structure? City, State, Zip If Yes, number of active members . Has organization been previously licensed Gambling Manager Name by the Board? If Yes, dive date Donald Peter 'Weber . Has license ever been denied, suspended Address or revoked? If yes check all that apply: 1 177 jp_rr`son St. b ❑Denied ❑Suspended ❑Revoked City, State, Zip 4. Is organization exempt from payment of a 18iC0�'398, ' 55-?79 X U.S. income tax? If yes, attach copy of The $10,000 fidelity bond required by Minnesota letter declaring exemption. Statutes 349.09 has been obtained. pa 5. Is organization tax exempt from yment Company Name Bond Number X of Minnesota tax? If yes, attach copy of salla:-ner x Bassett letter declaring exemption. Name of Groanization's Dfficers and Titles a. Rev. ?ober:. T. Cassidy (Pastor) C. Connie Bch-.gid (Treasurer) b, Ru'!land J. Pistuika. (Seereta y) d, CG-00001-01 (12/84) (T Continued on Paoe 2 r /- - n n_ rJ.. -� Q r, . - 2 - S nnesota Charitable Gambling Control Board `Ac GAMBLING LICENSE APPLICATION (Class A, B, or C) GAMBLING SITE AUTHORIZATION v my signature below, local law enforcement officers or agents of the Board are hereby uthorized to enter upon the site , at any time gambling is being conducted, to observe ne gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION y my signature below, the Board is hereby authorized to inspect the bank records of the eneral Gambling Bank Account whenever necessary to fulfill requirements of current gambling ules and law. OATH hereby declare that I have read this application and all information submitted to the Board; All information submitted is true, accurate, and complete; all other required information has been fully disclosed; I am the chief executive officer of the organization; I assume full responsibility for the fair and lawful operation of all activities to be conducted; I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments thereto. Official, Legal Name of Organization Signature (Must be signed by Chief Executive Officer) Title Pastor Date fir:;l 11, 1935 ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I idmit having been served with notice that this application will be reviewed by the ]heritable Gambling Control Board and if approved by the Board, will become effective 30 lays from the date of receipt (noted below) , unless a resolution of the local governing )ody is passed which specifically disallows such activity and a copy of that resolution is eceived by the Charitable Gambling Control Board within 30 days of the below noted date. LOCAL GOVERNING BODY 3me of Local Governing Body C ;y of Shakopee ignature of Person Receiving Application - ORGANIZATION )ate Received (This is date from which the 30 day Name of Representative for Gambling License Applicant approval begins) }:,pry 1 121 S 8 (serving notice) r -00001-01 (12/84) White - Board Canary - Board Pink - Applicant Goldenrod - Governing STATEMENT I• ,STANDAPD KOEHNEN'S SERVICE Atlas Tires Batteries and Accessories YOUR ONE STOP STATION - CALL 4452500 804 East 1st Avenue,Shakopee.MN 55379 Date 19 Pt f L!K � ..........I------------------------ .................................................................................................... ................................... .................................... ....................................................... ....... ................ ................... ........... ............... ------------.. .... . ............... -t4.................. ............................................................. ............ ........ ......... tv...............4AV C.] .............. ...................................... . .............. -t................ m ............. .... ..................C,L)L ... ............... ...................-To ...... ............ .... . .......................... ...................... .............. ................ ............... ......... ......................... ................. .....................- ............ . .............................................. ................. .................. ...........11-L................ ............ ................... ................ ................. ...................... . .. ....... . .......................................... ....................... ............. 4*............. .......... ........... .............. .......... .............................. --------------- .................... .................. ............................... - ................... ............. )�7 ...................................................................................................................................... -------------------- ---------------------- ................... ......................... ........................ ....................... ...................................... ....................... ..................................... ............ ................... ............................................................... ........................................ ......................................................................... ................................... .................................. ............... ............... .......................... .................I ..._.........................._._......................._.....__....................................... ......----------------------- ............................... . _ ..... ......... ................... ........................................44..................................4------------------- ............ ...............-------.............—---------- R", G COTTRO `OMMIffIon - - -_ 4PR3 Apri 1 16,1985 6 �'Tr 7Q H. R. Spurrier, City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE : Industrial Wastewater Discharge, Conklin Company Mr. Spurrier: The MWCC Interceptor Inspection Crew was doing an inspection on the Shakopee Interceptor and encountered solvent odors and hydrogen sulfide damage in the vicinity and downstream of the Conklin Company Wastewater Flow Connection . The 9 inch lateral sewer which Conklin discharges to contained a heavy milky white/yellow flow. The enclosed pictures show this flow along with growth on the walls and crown of this pipe. Samples were taken and analytical results may be found on the attached sheets. Solvent odors were found during sampling and a 30 ppm H2S reading was encountered. The MWCC will be contacting the Conklin Company with these findings and will then require a meeting to discuss solutions . We hope the City of Shakopee will be involved. If you have any questions on this matter, please contact me at 772-7109. Thank you for your attention. Sincerely, Michael Pliml , P.E. Staff Engineer Industrial Waste Section MWP:rw cc: J. S. Perlowski , MWCC D. R. Madore, MWCC Attachments -,t_ _ . , s e _ a` P Y� r 1 KLIN solidson bottom • f pipeNks 8 - 1 til W mi +sx �y THE rI mNSPOI;I'AI'ION REGULAI ION BOARD S S'I'ArE 01MINNESOTA l a0 JN,yE- '� 795 AINIERIf:r1N CEN'T'ER BUILDING KI'LLOGG &-1 ROBERT' S'I'RI;1_1's April 12, 1985 ST, PAUL, MINNESOTA 55101 NOTICE OF PUBLIC HEARING EXCERPTED FROM THE BOARD'S WEEKLY CALENDAR Notice is hereby given that the Transportation Regulation Board of Minnesot. will hold a public hearing on the following matter at the times and places File No. D-5392, Order No. R-4035. Petiton of Chicago, Milwaukee, St. Paul & Pacific Railroad Co. for authority to relocate agency services at Glencoe now handling accounts for the stations of Bird Island, Hector, Buffalo Lake, Stewart, Plato, Norwood, Cologne (Bongards) and Brownton. Petitioner proposes to commence handling the accounts for Glencoe, as well as the points named above now being handled by Glencoe at its agency station in Hopkins. File No. D-5391 , Order No. 4034, Petition of Chicago, Milwaukee, St. Paul & Pacific Railroad Co. for authority to relocate agency services at Shakopee. Petitioner proposes to commence handling the accounts for Shakopee at its agency station in Hopkins. Petitioner alleges that the proposed relocation of agency services at Glencoe and Shakopee will not unreasonably harm any shipper or receiver of freight by petitioner' s rail line, and its relocation is required in the interests of efficiency by petitioner, and to continue such agency services would constitute an unreasonable burden on interstate and intrastate commerce. The purpose of the hearing is to ensure that under the provisions of Minn. Stat. 219.85, all parties and potential parties of interest are given an opportunity to be heard on these matters. (Petitioner' s Atty: Lewis A. Remele, Jr. , Rider, Bennett, Egan & Prundel , 2500 First Bank Place West, Minneapolis, MN 55402) (Administrative Law Judge Richard De Long 612/341 -7604) (4-12-85) MONDAY, MAY 13, 1985, 10:00 A.M. , MC LEOD COUNTY COURTHOUSE, 830 - 11TH ST. E. , GLENCOE, M 55336-.- Minn. Stat . Sec . 14 . 50 ( 1982) requires that all contested cases be heard by al- Administrative rAdministrative Law Judge assigned by and governed by the rules of procedure of the Office of Administrative Hearings (Minn . Rules HE 201-229) . Therefore, when a hearing has been set on a contested case, original pleadings and motions (such as petitions to intervene, prefiled testimony, briefs , request for postponements ) must be served on the Administrative Law Judge at the Offic of Administrative Hearings , 400 Summit Bank Bldg . , 310 So. 4th Ave . , Mpls . , MN. 55415;. with six ( 6 ) copies simultaneously filed with the Chairman of the Transportation Regulation Board., 795 American Center Bldg. , 160 E. Kellogg B1- St . Paul, MN. 55101; and a copy of said filings must be served on each party c. record . Petitions to intervene must be filed at least ten 10 days prior to the date set for hearing. Please contact the Administrative Law Judge , whose name appears in parentheses following the date and location of hearing, for parties of record . Chairman AN IJJVI U,OPPOKIVNI'I1' IAIPLONA-M 8OS REC1 APR i 1985 REC CITY APR 1 185: BEFORE THE TRANSPORTATION REGULATION BOARD tAINN@SOTA IRANSPORTATIOR STATE OF MINNESOTA RLGULAIION 80ARp In the Matter of the Application ) of Chicago, Milwaukee, 'St. Paul ) and Pacific Railroad Company for ) PETITION Authority to Relocate Agency ) Services at Shakopee, Minnesota ) Chicago, Milwaukee, St. Paul and Pacific Railroad Company hereby petitions the Department of Transporation and states : I . That at present, Petitioner maintains agency services at Shakopee, Minnesota. II . That if the application is granted, Petitioner will commence handling the accounts for Shakopee at its Hopkins Agency. III . That the proposed relocation of agency services at Shakopee will not unreasonably harm any shipper or receiver of freight by Petitioner' s rail line, and its relocation is required in the interests of efficiency by Petitioner, and to continue such agency services would constitute an unreasaonable burden on interstate and intrastate commerce. IV. That attached hereto marked as Exhibit A is a list of primary shippers and receivers of freight at the stations involved in this application. WHEREFORE, Petitioner prays for -an Order of the Depart- ment of Transportation granting authority to relocate its agency services at Shakopee, Minnesota, and rearranging the handling of accounts as stated above. CHICAGO, MILWAUKE , ST. PAUL & PACIFIC RAILR COMP Y ii C;. By Lewis A. Reffiele, Jr. Attorney for Petiti er 2500 First Bank Pla e West Minneapolis, Minnes 9 to 55402 (612) 340-7973 DATED: MARCH 28 , 1985 . -2- EXHIBIT A Rahr Malting Company Shakopee, Minnesota ��y OF:V CITY OF SHAKOPEE L �f .4 i 129 East First Avenue, Shakopee, Minnesota 55379 MEMO TO: John Anderson — Administrator FROM: Ji m Karkanen — Public Works SUBJECT: sewer backup on E. Shakopee Ave . DATE: 4-22-85 On April 17th , 1985 , at 9: 35 PM, the Scott Co . Sheriff ' s dispatcher notified us of a possible sewer backup problem at 1611 E. Shakopee Ave . Public Works crew members Jerry Di rcks and Dick Cheever were notified of the potential backup and responded to the call . Bot h men were punched in at the time clock by 9: 43 pm, and were at the site by 9: 55 pm. Crew f oreman , Harry Pass j of ned t hem 1 at er at the scene . The manhole at Swift St . and E. Shakopee Ave . showed a backup i n t he manhol e , so t he crew set up t he sewer rodder at Ramsey St . , and rodder in an easterly direction . Sludge and a heavy detergent buildup ( curd) was noticed when the blockage was relieved . This bl ockage was encount ered approxi met el y 60 f eet east of t he Ramsey St . manhole , and was apparently the problem area which could have created the backup problem. Af t er t he rodder saw went t hrough t hi s area , t he pressure was apparently relieved . Harry Pass talked t o the homeowners involved , they were: Gene Berg 1601 E. Shakopee Ave . Ray Landb6rg - 1611 E. Shakopee Ave . Both homeowners reported a backup in their basements . No estimate of damages were given . This sewer line wi 1 1 be scheduled for a video inspection to try to determine what could have caused the blockage . No roots or rags were observed at the manhole when the pressure was relieved . This section of sewer line has not been a problem area in the past . SEWER STOPPAGE REPORT No. -, / Date_ �(- I '?-_ � `� Time 49:!Q Pe)', Emergency? Yes y` No By-SKE,QiFFs C Location Reported problem z r, .I rr r s c>C+LTia., ►S nSS,1S/F M2154C-k✓j0 Property Owner Gc;;-/vE E'e/24 1& o R Lt LA,/� Field report: Completed by/1 ._`h,s , , )tae-k--r Manholes checked Action by crew Rn C�- /L4,a I IF Time Completed Apparent Troubl'> �g c �,c r i�J —• �, d i Owner's Statement: •13rt.s c' FNs �- b� (c,,.,1 Remarks: 7 LEONARE.LINDOUIST ROBERT V.ATMORE MARY E.CURTIN N.ROLF ENGH NORMAND L.NEWHALL *PATRICK DELANEY L I N D Q U I S T & V E N N U M RICHARD D.M�NEIL RICHARD T.OSTLUND LAUR ESSV.ACKMAN HOWARD J.KAUFFMAN DONALD C.SWENSON DEBORAH M.REGAN GERALD E.MAGNUSON JOHN B.WINSTON 4200 IDS CENTER JAMES P.MCCARTHY MARTIN R.ROSENBAUM EDWARD M.GLENNON LAURANCE R.WALDOCH MINNEAPOLIS,MINNESOTA 55402 STEVEN IHRIG SON ELINOR C.ROSENSTEIN MELVIN I.ORENSTEIN '*'RICHARD B.SOLUM TELEPHONE (612( 371-3211 RICHARD A.RIG DEBRAROSANK. PAGE ROBERT J.SHERAN THOMAS H.GARRETT= TELEX 29 0044 JEFFREY G. LOVETT DEBRA K.PAGE ISRAEL E.KRAWETZ DARYLE L.UPHOFF THOMAS G.LOVEO 2Q MICHAEL D.BAROLAFNES EUGENE KEATING DAVID J.DAVENPORT TELECO PIER (6121 371-3207 LYNN M.OREN SON SUSAN E.EHALLETS JAMES P.MARTINEAU MARK R.JOHNSON CABLE:LIN LAW MINNEAPOLIS DAVID A.ORENST EIN DAVID L.HALLETT RAU RIC HARD J.FITZGERALD RICHARD A.PRIMUTH THOMAS HOMUTE.GLE )SE STEVEN E.ALE PHILIP J.ORTHUN R.WALTER BACHMAN WAYZ ATA OFFICE RENEE B.B NNER LIG JEAN A.S R.WEAVER, EA KI JOHN A.FO RREST JEFFREY R.SCHMIDT 740 EAST LAKE STREET JOHNTERER B.HOUSTON CHARLES ORRISSER,JR. WILLIAM E.FOX TIMOTHY H.BUTLER WAYZATA,MINNESOTA SS391 JOHN R.HOUSTON SARA R.MORENT JF F.BERG FALK ROBERT G.MITCHELL,JR. DEN NIS M.O'M ALLEY ANN M.PARRENT WILLIAM T.DOLAN J.MICHAEL DADY '*700 GALAXY BUILDING EDWARD J.WEGERSON '*DAVID L.SASSEVILLE DAVID M.LEBEDOFF J.KEVIN COSTLEY 330 SECOND AVENUE SOUTH DANIEL J..ALLGE E JOHN H.STROTHMAN ROBERT J.HARTMAN DAVID R ALLGEY E DAVID G.NEWHALL JOSEPH G.KOHLER MINNEAPOLIS,MINNESOTA 55401 GREGORY P.MILLER OF COUNSEL KURTIS A.GREENLEY PAUL H.TIETZ + (612)339-8831 *TERRENCE J.FLEMING THOMAS VENNUM t ' P i t 29, 1985 John K. Anderson City Administrator 129 East First Avenue Shakopee, MN 553791376 Re: Petition of Chicago and North Western Transportation Company to Retire and Remove I .C .C . Track No. 11 Located in Shakopee, Minnesota. Dear Mr. Anderson: I have received a copy of your April 17 , 1985 letter to the Trans- portation Regulation Board regarding the above-referenced Peti- tion. It is our understanding that Fairest Made Foods has objected to C&NW' s petition to remove the trackage, and it is anticipated that the Transportation Regulation Board will set a hearing date in the near future. It is also our understanding that Fairest Made Foods does not use the trackage, nor do they anticipate using the trackage in the future. Their objection is based upon the premise that the existence of the trackage on their property increases the value of that property. We have found that in the past , the Trans- portation Regulation Board has generally not denied petitions for removal in cases where the trackage is not expected to be of any use, considering the cost of refurbishing and maintenance involved. If the Transportation Regulation Board does deny Chicago and North Western' s Petition to remove the trackage, that trackage may have to be refurbished in the future to accommodate shippers . If this were to happen, the cost of refurbishing the trackage in its present location would be far less than moving the entire rail siding to a different location. LI N DQU I ST & VEN N U M John K. Anderson Page Two April 29 , 1985 I would anticipate a hearing scheduled for the very near future, at which time a determination will be made whether this trackage can be removed or not . The City should not proceed with any improvements to the property affected until such a determination is made by the Transportation Regulation Board because of the possibility that this trackage may have to be refurbished in its present location. Yours very truly, LINDQUIST & VENNUM 9 Marilyn S. Hargens Legal Assistant MSH:dw CC: J . Pederson M E T R O P O L I T A N C 0 U N C I L Suite 300 Metro Square Building, Saint Paul , Minnesota 55101 DATE: April 11, 1985 TO: Files FROM: Ann Braden SUBJECT: Right-of-Way Acquistion Loan Fund (RALF) Status Report REQUESTS Shakopee $895,000 Parcels 1 and 2. Final application approved 12/84 170,000 Parcels 3,4,5,6. Final application expected 4/85 283,000 Parcel 7. Preliminary approval expected 5/85 1,348,000 Maple Grove $493,000 Peterson Property. Preliminary approval granted 11/84 493,000 Brooklyn Park $1 ,200,000 Preliminary application submitted 2/84. More documentation requested $x;84-2--,000-- -Tota .approximate amount requested as of 4/85 3�0�- 000 COLLECTIONS 1983: $1,030,000 1984: $1,1.36,000 1985: $1,198,000 TOTAL: 4G,4& SUMMARY: By December 31,1985, approximately $3,464,000 of RALF money will be collected from taxes. If all requests are approved and processed by the end of the year, the balance of the RALF account will be approximately 3,2 F, cca abralf PHTRN3 Let jeane+�& knoo by may 10 th loo Bre, inf-eres+eco in 90in� - 1111 _ 13 LJ league of minnes©ta cities April 22, 1965 TO: Mayors, Managers, Clerks FROM: Ann Higgins, Staff Associate RE: 1985 LMC Annual Conference Once again, you are invited to take part in the League's Annual Conference, June 11-14, in St. Paul. It is an important invitation for you and your city, and this year's theme: "Minnesota Cities Building for the Future" underlines why you will want to make plans to attend yourself and encourage councilmembers and other city employees to participate as well. It is not necessary to tell you what an extraordinary year this has already turned out to be for cities. The potential for major and disruptive changes in state and federal policies affecting cities; the uneven recovery from economic recession; the impact of the troubled farm economy on cities; the efforts of the League to seek legislative support for distribution of the Local Government Aid according to a formula and policy adopted by member cities; the advance of computer technology in the marketplace and at city hall. All these changes and those yet to come leave cities with a sense of anxious anticipation and alert to discover the ways in which to maintain and improve the quality of services and the lives of residents. Sessions scheduled for the 1985 LMC Annual Conference provide that discussion and the opportunity to explore those tools we' ll need to get the job done! Take a look at just some of the topics to be covered: The Future of Local Government Finance How to be an Effective Councilmember Developing the Future of Your City Solid Waste Techology Alternatives Strategies for Reducing Hazardous Waste Emergency Management Strategies Risk Management Issues and Answers Our conference Keynote Speaker is James Wetherbe, Director of the -over- 1 83 university avenue east, st. paul, minnesota 551 01 C612) 227-5600 Managet:ient Information Systems Researcti Center at tint University of Minnesota. Professor Wetherbe will offer both an entertaining and insightful look at the mysteries and marvels of inforuation management. In a departure from earlier keynotes by comwentators and experts on public administration, we're looking to this year's keynoter to provide a look at our future. Jim i;etherbe is aware and keenly interested in the importance of computer technology for cities. As a member of the Governor 's Committee on Information Policies, he's had recent experience with the concerns and constraints of the issues that go hand-in-hand with the computerization of information. Charlene Shea, nationally renowned expert on motivational techniques, is going to give us all some needed tips on how to build self- confidence and positive self-awareness. Her program leads off the conference on Tuesday evening, June 11, as the Conference Kick-Off. Snowing us what we can do to become more aware of ourselves and our attitudes can give us those tools for the future, too. Attached please find the listing of some truly marvelous opportunities for delegates, spouses, and families to enjoy themselves while in the City of St. Paul. As the host, St. Paul is offering an exciting and enthralling combination of activities, including a sail down the .;ississippi River, combined with a buffet lunch; City Night at the Ordway( ! ) ; a double-decker bus ride to the transformed elegance of old railrway storage and mechanical areas into the excitement of Bandana Square, along with a tour of the area compliments of the Ramsey County historical Society. Don't miss these events ! Use the attached registration form for the Family Events (not including City Night) to reserve your place! Deadline for registrations is June 1 . And what could be core enjoyable to look forward to but a finale in which we get a chance to share a program witii George Latimer, a former President of the League of Minnesota Cities and Immediate Past President of the National League of Cities. Mayor Latimer will be the final general session speaker for this year's conference, at 11 :30 a.m. , Friday, June 14. As mayor of this year's host city and the President of the Minnesota Association of 411avors, Georze Latimer will be sure to provide that needed perspective of past leadership and experience to an analysis of what challenges lie ahead for Minnesota cities. Be sure to join us in St. Paul this June ! It promises to be one of the most enjoyable and important events of the year! Page 2 City Exchange * Small groups convene on a wide variety of more specialized topics * An opportunity to meet informally with colleagues to share ideas and information and help others learn from your city's experiences 4:00 p.m. Open Evening City Night Thursday, June 13 9:00 a.m. Concurrent Workshops (Choose one) How to be an Effective Council Member--Session I * Maximizing individual effectiveness * How to research/present policy issues * How to be responsive to your public(s) Local Government Aid * Delineation of the new formula * Implications for cities Employee Right to Know * Ongoing management issues * Liabilities * Status of community right to know Solid Waste Technology and Design * Public sector issues--metro and non-metro * Environmental issues * One city's experience 10:15 a.m. Break 10:30 a.m. Concurrent Workshops (Choose one) How to be an Effective Council Member--Session II * Enhancing group effectiveness * Establishing good communications--up, down, and sideways * Council-staff relationships (including appropriate roles and responsibilities) Follow-up--the Latimer Commission * Major findings of the commission * Conclusions and recommendations * Results Legislative Update--Industrial and Mortgage Revenue Bonds * Survivability of IRBs * Alternatives for cities * Allocation of mortgage revenue bonds Recvcling--Setting Up a Program for Your City * Program design--various recycling methods * Role of the community/role of the city * Financing options 11:45 a.m. Break 12:00 p.m. Mayors Association Lunch 1:30 p.m. Break 1:45 p.m. Concurrent Workshops (Choose one) Agenda Tuesday, June 11 5:00 p.m. Registration Open 7:00 p.m. Special Kick-Off Program A Guide to Positive self-awareness, Charlene Shea, consultant, assertiveness training and human relations 9:00 P.M. LMC Welcoming Reception Wednesday, June 12 9:00 a.m. Opening Session James Wetherbe, Director, Management Information Systems Research Center, Associate Professor, School of Management, University of Minnesota 10:15 a.m. Break 10:30 a.m. Concurrent Workshops (Choose one) Economic Development--Session I * Developing an overall economic development plan * Taking a coordinated approach to financing * Available financing tools (including tax increment financing) Comparable Worth * Background--legalities and basic principles * The process * Various experiences - from public safety to purchasing * Pros and cons Emergency Management--Session I * Identifying current and potential hazards in your community * Determining policy issues and planning strategies to address them 12:30 p.m. Exhibitor's Lunch 2:00 p.m. Concurrent Workshops (Choose one) Economic Development--Session II * City's perspective * Developer's perspective * Exactions cities are requiring of developers Handicapped Access (ends at 3:30 p.m.) * Overview of the 504 legislation and its requirements * Relationship to state requirements * Compliance without breaking the budget--cost-effective alternatives Legislative Update--Overview * A summary by the League's legislative staff of the important laws affecting cities that the legislature passed during the 1985 session Emergency Management--Session II * Requirements for local government emergency plans * Metro and non-metro approaches to emergency services OVER Page 3 The City Manager Form of Government * The job description--what an administrator or manager does * Pros and cons of the council-manager form of government * The shared administration option * How to change your form of government Property Tax Reform * What happened during this legislative session * How will the actions affect cities? Workers Compensation * A brief look at the past, present, and future of workers compensation * How to reduce costs * Options when employees are injured The City' s Role in Hazardous Waste Reduction * The city itself as hazardous waste producer * Strategies to reduce household hazardous waste * Protecting the public sewer system * Working with the private sector * Limiting liability through risk management 3:45 p.m. Break 4:00 p.m. League Annual Meeting 5:30 p.m. Break 6:30 p.m. Reception and Banquet Friday, June 14 9:00 a.m. Concurrent Workshops (Choose one) Downtown Revitalization and Promotion * Developing a workable plan * Financing options--public and private * Marketing how to's * Case studies Liability--Survival Tips for City Officials * How to avoid being sued; risk management and loss prevention * Words to the wise in the areas of employee relations, civil rights, planning and zoning * What to do if you are sued Stormwater Policy Planning * What you need to know to make technical decisions * Financing approaches * Interjurisdictional issues * Potential liabilities Strategic Planning * What it is; why it's important * Case studies--representing various approaches * How to determine the best approach for your city * Pitfalls 11:30 a.m. Finale Brunch George Latimer, Mayor, St. Paul, NLC Immediate Past President OVER Special. conference everts for families Wednesdav, June 12, 11:00 a.m.-1 :30 p.n,. Mississippi River trip and lurch The Jonathan Padelford will ensure an exciting trip down the Mississippi River for adults and children. The voyage will begin in downtown St. Paul and extend as far as Fort Snelling and will include a buffet lunch. Cost: $10.00 per person Wednesdav, June 12, 6:30-9:00 p.m. Host City Night at theOrdway What better setting for the Host City Night than the new Ordway Music Theatre. Enjoy a cocktail reception while strolling through the Ordway. An entertainment program will allow you to witness first hand the thrill of the Ordway Main Theatre. Thursday, June 13, 12:00-3:00 p.m. Bandana Square lunch and tour _ A doubledecker bus will provide an exciting mode of transportation to Bandana Square in Energy Park. The day will begin with an enjoyable lunch followed by a tour of Bandana Square provided by the Ramsey County Historical Society, including the opportunity to see the new Children' s Museum. Cost: $10.00 per person Thursday, June 13, 9:00-11:00 a.m. Enhancing your self image (for spouses) Very Important Personal Development for Very Important People New this year, this workshop offers a chance for you to spend some quality time away from the hustle and bustle of daily life and public arenas to concentrate on you. Focusing on the reality that we all want to feel lovable in our relationships and capable in our work, this workshop looks at how being the spouse of a city official can create special challenges. What can we do when feelings of inadequacy surface or we feel we don' t measure up to the task at hand? This workshop will discuss some of the relevant theories involved with building self esteem, provide opportunities for participants to identify key issues and share common concerns, and explore practical responses. Workshop leader: Barbara Arney, Director of Organizational Services with the Government Training Service, has over 15 years of experience in leading personal development seminars for a variety of groups, including women's organizations, public and non-profit agencies, and private firms. Cost: $15.00 per person. (A minimum of 20 people required to hold the program.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Family events registration form Reservation for River Trip and Lunch, Wednesday, June 12 @ $10.00 = Reservation for Bandana Square Tour and Lunch, Thursday, June 13 @ $10.00 = Reservation for spouse workshop, Thursday, June 13 @ $15.00 = Total Amount Enclosed $ Make checks payable to City of Saint Paul Name Address City State Zip Phone Return by June 1 to League of Minnesota Cities, Attention: Family Program, 183 University Avenue East, Saint Paul, MN 55101 RUDY BQSCHWITZ COMMITTEE ASSIGNMENTS: M!NNESOTA AGRICULTURE )� BUDGET / FOREIGN RELATIONS SMALL BUSINESS '�C't�tfeD .�fafe� ,�e�erfe VETERANS AFFAIRS WASHINGTON,D.C. 20510 April 8 , 1985 APR 1 F 1985 CITY OF Mr . John K. Anderson City of Shakopee 129 East First Avenue Shakopee , Minnesota 55379 Dear John : Thank you for contacting fie to express your concern about a proposal to eliminate the General Revenue Sharing (GRS) program. As you are aware , President Reagan ' s budget request for Fiscal Year 1986 (FY86) , which begins October 1 , 1985 , would eliminate the GRS program at the end of this year . The Administration believes that GRS should be eliminated because the fiscal condition of many of the 39 , 281 local governments receiving GRS funds has changed dramatically -- going from deficit to surplus conditions , while the federal government ' s deficit has deepened substantially . Also, the ten wealthiest states received 25 percent of GRS funding in 1983 , while the ten poorest states received less that 12 .percent of the funds . The Administration does not feel that the formula for allocating funds will be changed since past efforts to change it have met stiff Congressional opposition and the GRS formula has remained the same since the program was enacted. You probably know that I have supported the General Revenue Sharing program in the past because it provides funding to states and localities with no strings attached. The GRS program relieves states of the costs of complying with government regulations and allows them the flexibility to respond to the unique needs of their own area . And it is one of the most efficient programs , costing 11/100 of one percent to administer . That ' s a record out here ! However , with the ever-mounting federal deficit , I strongly feel that all members of Congress must look closely at their own favored programs with a view toward making concessions or doing some horse trading to bring the deficit down . That effort would require that programs I favor , like GRS , receive close scrutiny and careful consideration . My feeling is that we absolutely must reduce the size of the deficit . . .and that means slowing the growth of federal spending. Still , we have to be very careful about how we do that ; otherwise , we will end up changing only those programs which are easy targets and that may not be a fair solution to the problem. Recognizing this , four years ago I suggested the "Fair Play Budget , " which would allow all government programs to rise at April 8 , 1985 Page 2 5 percent a year for five years. All government programs would rise at the same rate while revenues , which are growing at a faster rate, have a chance to catch up. All would be treated the same -- hence the name "Fair Play . " Whether it was defense , education , Social Security, or food stamps , all would get equal treatment . I felt the Fair Play approach would supply the broad grass roots support the politicians needed to do the "courageous" thing. Unfortunately, it usually takes a crisis around here to get anything accomplished. Since we didn ' t have a crisis , the Fair Play approach -- sensible as it is -- wasn ' t adopted, though we did slow spending markedly. In 1984 , government spending rose only 5 . 8 percent (down from a high of over 17 percent just a few years ago) . Since revenues rose 11 percent in 1984 , we made quite a bit of progress that year toward closing the gap between income and expense . But it ' s back to the races in 1985 ! Spending may go up 10 to 12 percent , indeed at a rate slightly faster than income so the deficit will probably get larger . So, I have modified my "Fair Play" approach to a " freeze , " which means stopping all increases across-the-board. That simply means that , whereas several years ago we could have let the budget grow at 5 percent a year , we have now reached a point where the only way to deal effectively with the deficit is to allow no growth at all for a year or two. I believe the American people will be willing to accept a budget freeze ( including defense spending) for the same reason that my original Fair Play Budget gained such widespread support in Minnesota : it is fair , it treats everyone the same . And in the long run we will all be better off with lower deficits and a healthier economy. Because of my past support for General Revenue Sharing , I am hesitant to support the Administration' s proposal to eliminate the program. I have , instead, advocated a moratorium for a couple of years as we get our house in order out here . At the moment , we certainly don' t have any revenue to share. On March 14 , the Senate Budget Committee sent its version of the Fiscal Year 1986 budget to the full Senate and it calls for spreading the $4 . 6 billion authorized for FY86 over two years (FY86 and FY87) . I supported this action . All this may not be what you want to hear , but I believe it ' s the direction we must proceed. I will also support the directing of Community Development Block Grants and other federal April 8 , 1985 Page 3 grant and support programs to those communities in greatest need so that at least some of the slack from removing Revenue Sharing will be taken up. Again , thanks for getting i tou h with me . Si c ely, R y Boschwitz Un ted States Senator RB/dsr S -4 -1 N r-=ti H d` v'7 `-1 N M H v H N Ol in N M (D rI 41 N M N ' 0).O F- �3)•O E A E H ill ¢ r1 U] ¢ >, ¢ � f. •r-1 � -.-1 O� O O ?-1 O rd M r� M U M 124 W U I-- W t� -{ 00 Ln N rn ¢ r-1 N N F- 0 O ¢ RC1 TT CD 00 �q � (O 4 r O •r•1 5~ O �C Mr0 U OM O Qr- aH Q � t` � 7-1 co r1 N N 1 O r-1 � M U QH H 1,0 > �:l F rl ¢ x tT ¢ r-i ¢ ¢ rl � E-i >, 0 >1-r-4 O � �, o >4-H4-1 ?,O � ,-1 Q .. I .� .. rI O •• r1 -H U -r-I •• S4 i( UUt� U � lfl UU [� UUl -PUr- M M O [� r-I N ¢ N Ul ,4 (Y) 4-1 I <r U E N •• ¢ v7 r1 U) a) a U 4-) ¢ ¢ Q ¢ H x O r-I -H U (x U r-I O O r-I v 0 O ?1 1n � •r-IM 5C Q }4 (D E >, +1 O +) •• O •• cd -r-I •• W < •r-I r-1 a :D7 UI- Uw00 :i: QU U HCl N 01 l0 r-I r-1 N N O Q � Q ; i � I 1A TENTATIVE AGENDA Downtown Ad Hoc Committee City Hall Council Chambers May 8 , 1985 7 : 30 A.M. Chrmn. Laurent presiding 1. Call to Order at 7 : 30 A.M. 2 . Approval of minutes of April 3 , 1985 meeting. 3 . Review of Resolution Establishing Ad Hoc Downtown Committee a. Exercising clause on removal for unexcused absences b. 4 . Downtown Parking Regulations 5 . Downtown Economic Development 6 . Status of Downtown Bridge/Junction Project 7 . Small Cities Development Grant - Update 8 . Other Business 9 . Adjourn at 9 : 00 A.M. to May 29 , 1985 at 7 : 30 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. 13 TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee, Minnesota May 9 , 1985 Chairman Czaja Presiding: 1. Roll Call at 7 : 30 P.M. 2 . Approval of April 4 , 1985 Minutes 3 . 7 : 30 P.M. CONTINUATION OF 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 4 . 7 : 40 P.M. PUBLIC HEARING: To consider a variance from the one acre minimum lot size requirement in the I-2 District in order to create a legal lot split. Applicant: Duane H. Gust Action: Variance Resolution No. 403 5 . 7 : 50 P.M. PUBLIC HEARING: To consider a 11 ' variance from the South lot line ( 10th Avenue ) and a 8 ' variance from the West lot line ( CR 17 ) to construct a four unit townhouse. Applicant: Cletus Link Action: Variance Resolution No. 404 6 . 8 : 00 P.M. PUBLIC HEARING: To consider a 25 ' front yard and a 25 ' rear yard variance for Lot 2 Block 2 and a 25 ' front yard and 10 ' side yard variance for Lot 1, Block 2 , MN Valley 5th Addn. in order to construct 2 , 4-unit apartment buildings . Applicant: David Wiggin Action: Variance Resolution No. 405 7 . Informational: a) Determination on Bulk b) 8 . Other Business 9 . Adjournment Judi Simac City Planner CITY OF SHAKOPEE 13 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee , Minnesota May 9 , 1985 Chairman Czaja Presiding: 1. Roll Call at 7 : 30 P.M. 2 . Approval of March 14 , 1985 Minutes 3 . Approval of April 4 , 1985 Minutes 4 . Approval of April 26 , 1985 Minutes 5 . 8 : 15 P.M. CONTINUATION OF PUBLIC HEARING: Request for a conditional use permit to remove sand and gravel aggregate upon property located at SE 4 of NE 4 of Sec. 17 , NE a of NW o of Sec. 16 , W of NW 4 of Sec. 16 , CR 83 , legal description on file . Applicant: Scott County Lumber Co. and Bert Noterman Action: Recommendation to City Council for Mining Permit Conditional Use Permit #376 . 6 . 8 : 30 P.M. PUBLIC HEARING: Preliminary Plat approval of Notermann' s 2nd Addition. Repiat of Lots 1-12 , B8 , Koeper Addn. Applicant: Joe Notermann Action: Recommendation to City Council 7 . 8 : 45 P.M. PUBLIC HEARING: Request for a conditional use permit to install two fiberglass fuel tanks upon the property known as the Canterbury Downs Racetrack site, legal description on file. Applicant: Minnesota Racetrack Inc. Action: Conditional Use Permit No. 406 8 . 9 : 00 P.M. PUBLIC HEARING: Request for a conditional use permit to operate an open sales lot upon the property located at 8522 East Hwy 101 , legal description on file. Applicant: Angelrock Enterprises Action: Conditional Use Permit No. 407 9 . 9 : 15 P.M. CONTINUATION OF PUBLIC HEARING: Request for a Conditional Use Permit to construct a hotel upon property described as Lot 4 , Block 1 , Century Plaza Square 3rd Addn. , located at the intersection of CSAR 17 and 16 . Applicant: Murray R. Williamson Action: Conditional Use Permit Resolution No. 399 10 . Discussion: Final Plat of Century Plaza 3rd Addn. Action: Recommendation to City Council 11. Discussion: Final Plat of Della ' s lst Addn. Action: Recommendation to City Council 12 . Discussion: Final Plat of Hauer 3rd Addn. Action: Recommendation to City Council 13 . Discussion: Final Plat of Fox Run 1st Addn. 14 . Presentation: Proposed Storm Sewer Policy Revision ( City Engineer ) 15 . Informational: a) Bankers Life Rezoning b) 16 . Adjourn to May 16 , 1985 at 7 : 30 P.M. Judi Simac City Planner CITY OF SHAKOPEE SHAKOPEE BASEBALL LIGHTING/STADIUM COMMITTEE MEETING MINUTES - APRIL 22, 1985 The meeting was called to order at 8: 15 PM in the Shakopee Community Services Meeting Room by Chairman Joe Schleper. Members Present: Jim O'Neill, Joe Schleper Jr, Tim Riffe, Joe Schleper Sr, Ray Siebenaler, and George Muenchow. Chairman Schleper reported that the dugouts, which are being constructed under the direction of Bob Vizenor, are almost completed. O'Neill showed the plans for erect- ing concrete slabs on these dugout roofs. He will take the plans to Shakopee Building Inspector LeRoy Houser for his approval. He will then give them to Kevin O'Brien. The steel to be used in the grand stand project is still at Metropolitan Stadium. The electrical contractor is again working on the lighting installation and expects to complete the job within two weeks. Progress on ticket sales was discussed. It was agreed that the campaign needs a shot in the arm with the deadline date in June coming fast. A booth will be staffed at the Shakopee Showcase Monday evening, April 29, where this project will be strongly promoted. The next meeting of this committee will be Tuesday evening, May 7, at 6:00 PM at the Community Services Office. �r/e�Jyectfullyb�4� �► George F.Muenchow Sect y.gg .y SHAKOPEE COALITION I� April 18, 1985 Present: George Muenchow Community Services Deloris Gorman Community Services Pat Ploumen Jim Streefland Shakopee Lions Joan Salter Food Shelf Jack;e Kes SCEC Roman Schneider Sr Citizens Ruth Schneider Sr Citizens Bo Spurrier City of Shakopee John Anderson City of Shakopee Bill Streff SACS School Mary Sullivan SCEC Jim Phillip Murphy's Landing Kathy Lewis Community Services Chair Streefland called the Coalition meeting to order at 7:00 a.m. Jackie Kes gave a summary Food Share report: total combined cash and food donations from Scott & Carver Counties was 50,647 pounds of which 32,455 was from Scott County, and of that 10,368 from Shakopee. Jackie thanked all Food Share supporters and all organizations who helped. Bo Spurrier, Shakopee City Engineer, gave a presentation about City efforts to evaluate current storm sewer funding and plans for a more feasible, practical way of meeting costs. Drainage improvements have been funded by the City contributing 50% of the cost and property owners being assessed 507x("special benefit"). Under the new proposed plan, the City would pay 50%, tax increment financing 25%, and the special benefit a maximum of 25% charged as a user fee. That fee is based on the amount of water that is discharged into the drainage system. User fees are charged to alLproperties, including those which are tax exempt. Projected total cost of storm sewer improvements in the nine Shakopee basins is $7,258,359. Work in the Holmes Street and Upper Valley basins needs to be done within the next two years. Expected quarterly fees in 1986 to various types of properties, further explanation of the proposed utility system, and other information was reported and discussed. The City Council is responsible for making the final decision about this matter. A public hearing on the Storm Drainage Utility is scheduled on May 28, 1985, at 7:30 p.m. Shakopee Senior High School Auditorium. Further information is available by calling the City Engineering Dept. at 445-3650. John Anderson, City Administrator, informed the Coalition that the Tourism training on April 16 drew 90 participants to the first session and 40 to the second. These seminars usually draw an average of 60 people. It was well attended and well done. The next meeting will be held on Thursday, May 2, 1985, at the Citizens State Bank, 6:30 coffee, juice, rolls, & 7:00 a.m. meeting. Meeting adjourned at 8:10 a.m. Respectfully submitted, Patricia Ploumen, Secretary I � PROCEEDINGS OF THE SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 25, 1985 Chairman Anderson called the meeting to order at 7:30 p.m. with Commissioners Davis, Harrison, and Moonen present. Barry Stock, Administrative Intern, and John Anderson, City Administrator, were. also present. Commissioner Abeln was absent. Barry Stock stated that staff would like a sentence added to the February 25, 1985, minutes under the "Shakopee Community Access Corporation's 1985 Budget Request" heading at the end of the first paragraph. That sentence should read, "Ms. Andre stated that the Access Corporation was informed that this issue would be present before the Commission at this meeting.". Harrison/Moonen moved to approve the minutes of the February 25, 1985, meeting as corrected. Motion carried unanimously. Commissioner Abeln arrived at 7:35 p.m. AMENDMENT TO CABLE FRANCHISE ORDINANCE - PROPOSED RATE INCREASE Mr. Stock explained that Zylstra-United (ZU) has formally applied for an amend- ment to the Cable Franchise Ordinance requesting that they be allowed to increase their cable rates prior to the scheduled date of relief which is December 29, 1985. In addition, ZU is requesting a rate increase at this time. Mr. Stock recalled that on November 26, 1984, the Commission considered this request on an informal basis. At that time, the Commission recommended to the City Council that the City would be willing to consider a rate increase prior to the scheduled date of relief if the Company could specifically state what the new rates would be and when they would be effective. The Commission also added that the City would not be in favor of any rate increase until subscriber complaints dramatically decreased. Finally, the Commission requested ZU submit a formal application with detailed supporting information, and Council concurred on December 4, 1984. On January 21 , 1985, the City received ZU's formal application. Staff reviewed the application and on February 11 , 1985, informed ZU management that additional information was necessary. On February 25, 1985, ZU management informed the City that they would be raising their subscriber rates effective April 1 , 1985, regardless of any City action in regard to this issue. The City Attorney rendered a legal opinion based on his analysis of the Cable Communications Policy Act of 1984, and concluded that the City does have the right to regulate basic tiers of cable service and multiple tiers of basic service but no authority to regulate premium channels. Mr. Stock stressed that according to new federal law, after December 29, 1986, municipalities will have no authority to regulate cable rates regardless of what their franchise ordinance states.- On March 21 , 1985, ZU provided the information which the City had requested. Mr. Stock noted that based on ZU's balance sheets provided by the accounting firm, they have a strong case in requesting a rate increase. In addition, the proposed rate increase would put Shakopee at the same level as Chaska which is Shakopee Cable Commission March 25, 1985 Page 2 not out of line with neighboring metro cable company rates. Therefore, staff recommended that ZU be allowed to increase their cable rates as requested and amend the Franchise Ordinance by extending the rate freeze until December 29, 1986. In addition, staff recommended to fine ZU $25 for each day or part there- of that they are in noncompliance with the Franchise Ordinance by having their rate increase in effect without the City's permission. Chairman Anderson stated he did not think the Commission should regulate the rates. He felt that since cable hookup is not a necessity like a utility and after December, 1986, the Commission will not have rate authority anyway, they should let free enterprise take its course (i.e. if the rate increase is too excessive, subscribers will cancel the service). Several Commissioners voiced their agreement. Commissioner Moonen asked if ZU, in addition to the rate increase, was planning to increase the number of cable drops or develop a marKeting plan. Mr. Stock replied that ZU does have a marketing plan, subscriber complaints have dropped, and ZU supplied the additional information to the City, not because they believe they needed to, but to show good faith. Mr. John Suranyi, ZU General Manager, was present and cited the many improvements accomplished since January 1 , 1985. He also explained ZU's marketing plan to the Commission. A general discussion Of ZU's improvements followed. Harrison/Davis moved that the Commission recommend to City Council to allow Zyistra-United to increase their rates as requested and amend the Franchise Ordinance by extending the rate freeze until December 29, 1986. Discussion followed. Commissioner Harrison commented that in the past few months consumer complaints have decreased, ZU is attempting to act in good faith, and ZU management is moving toward a better system. Commissioner Davis added that technical aspects of ZU's operation have improved. Motion carried unanimously. VARIANCE TO CABLE FRANCHISE ORDINANCE - CHARACTER GENERATOR Mr. Stock explained that ZU has applied for a variance from the Franchise Ordinance which would 1) locate one character generator in the public access studio as opposed to Shakopee Community Services, 2) locate a second character generator at the Shakopee Head End as opposed to Shakopee Community Services, 3) provide different character generator equipment from 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) temporarily reduce the number of transmission channel-s to one as opposed to the two originally proposed. Mr. Stock recalled that on September 24, 1984, the Commission approved Variance #3 which called for the installation of remote character generator keyboards at the Senior High, Shakopee Area Catholic Schools, Public Library, and Community Services to be connected to a character generator at the Shakopee Head End. Shakopee Cable Commission March 25, 1985 Page 3 Staff presented a detailed chart which specifically described the equipment that was originally proposed for System I and System II, what equipment ZU purchased, what was proposed in Variance #3, and what is currently being proposed in Variance #4. Staff recommended that the Commission rescind Variance #3 in its entirety and approve Variance #4 as submitted by ZU conditioned upon the receipt of a letter from the ZU System Manager stating that they are in full agreement with the City of Shakopee's assumptions as addressed in "City Assumptions in Regard to Variance #4" (attachment #4) and conditioned upon receipt of an acceptable list of equipment._ Chairman Anderson asked ZU General Manager John Suranyi for his comments on "City Assumptions in Regard to Variance #411. Mr. Suranyi replied that he did not like point #4. They also discussed the equipment list in point #8. Mr. Suranyi stated that equipment would extend beyond ZU's financial limit. Mr. Stock replied that the Franchise Ordinance specified $17,500 for equipment. The Commissioners discussed Mr. Suranyi's revelation that the company which produces the equipment he has been looking at has incurred financial problems and has filed under Chapter 11 . Mr. Suranyi assurred the Commission that he has sought additional bids on character generator equipment because of the dim financial security of the company, Video Data Systems Inc. Chairman Anderson noted the key sticking point was whether ZU would pay for additional expansion. He also mentioned the losses incurred by ZU on obsolete equipment which was purchased but never used. He stressed that he would just like to see the system up and running. General discussion on the details of the system followed. The Commissioners also discussed the problems related to having two public service announcement channels. Chairman Anderson stated that regardless of the type of equipment purchased, ZU should provide training for all users. Everyone agreed. Commissioner Harrison proposed that Channel 3 have community billboard and community announcements. A remote keyboard could then be used to tie in with the studio character generator, and Channel 10 could be used for government and educational announcements. Discussion about ZU's financial obligations and details of the character generator system followed. Commissioner Moonen moved to rescind Variance #3 in its entirety and approve Variance #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 in "City Assumptions in Regard to Variance #4" (attachment #4) and conditioned upon receipt of an acceptable list of equipment. Motion failed for lack of second. Shakopee Cable Commission 3 March 25, 1985 Page 4 Discussion to negotiate concessions followed. Commissioner Abeln moved to rescind Variance #3 in its entirety and approve Variance #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 in attachment #4 and conditioned upon receipt of an acceptable list of equipment. Motion died for lack of second. Again, discussion to negotiate concessions followed. Concensus was that one activated channel should be given up at this time. However, the City would have the right at some future date to request an additional channel if the City will finance it. Harrison/Abeln moved to .rescind Variance #3 in its entirety and approve Variance #4 with additional assumptions to be added to attachment #4 and 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 #4 in which point #8 has been amended to read as follows: 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 - Remote keyboard - Model KB2000 1 - 12" color TV monitor 1 - Originate Modem - Model 3A Baud Originate Modem In addition, point #11 should be added which reads: The Company will provide training to those groups receiving character generators and promote a users group. Ayes: Abeln, Anderson, Davis, Harrison Nayes: Moonen Motion carried. Mr. Stock presented several informational items. First, the Commissioners reviewed the Shakopee Public Access report for February, 1985. Mr. William Lepley, Shakopee Studio Manager, was in attendance at the meeting to answer any questions. Next, the Cable Television Service Report for February, 1985, was reviewed. Mr. Suranyi, ZU General Manager, also presented a proposed floor plan for the Shakopee Cable Office. Finally, the Commissioners were provided with the Shakopee Community Access Corporation's minutes from their annual meeting on February 21 , 1985, as well as their regular meetings on January 10 and February 14, 1985. The next meeting will be held on April 22, 1985, at 7:30 p.m. Harrison/Abeln moved to adjourn the meeting at 9:29 p.m. Motion carried unanimously. Barry Stock Judy Hughes Administrative Intern Recording Secretary ATTACHMENT NUMBER 4 CITY ASSUMPTIONS IN REGARD TO VARIANCE NUMBER 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 announcements 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: Qty Model # Description 1 MPO-2094 Micro System I Basic Processor (which includes: KB2000 Keyboard MPC2000_Basic Processor 128 Page Memory (expandable to 256 pages) Clock/calendar NOAA Crawl One (1 ) UDC with Sync Memory Power Protection Capable of eight 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. Ali costs associated with the equipment listed in variance #4 or equipment of equal or better quality and any other. incidental equipment that may be necessary to implement the system will be the responsibility 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. .r 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 compatable 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 VARIANCE #4 GRANTED ON MARCH 25 1985 AMENDED THESE ASSUMPTIONS AS FOLLOWS: 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 - Remote Keyboard - Model K82000 1 - 12" Color TV Monitor I - Originate Modem - Model 3A Baud Originate Modem 11. The Company will provide training to those groups receiving character generators and promote a users group. 17 SITING HALL SITING COMMITTEE Tuesday , April 9 , 1985 6 : 30 p.m. City Hall Council Chambers Chrm. Leroux called the meeting to order at 6 : 35 p.m. Committee Members present were John Leroux , Dolores Lebens , Dave Czaja and Gloria Vierling . Dave Rockne arrived shortly after the meeting was called to order. Also present was John K. Anderson , City Administrator. Several interested citizens attended the meeting . A number of whom represented the Downtown Ad Hoc Committee . They were Bud Berens , Dan Steil , Jim O ' Neill , Bill Wermerskirchen, Jr. and Terry Forbord . M/S/P Czaja/Vierling to accept the minutes of February 26 , 1985 as mailed . The Committee then reviewed the summary of the siting criteria. Chrm. Leroux indicated that some of the criteria could be interperted in different ways leading to contradictory point totals. The Committee generally agreed and staff will try to eliminate this problem in reviewing the final sites. The zoning information and parking information attached to the April 9 , 1985 agenda was not specifically discussed by the Committee . The discussion then focused on the total points each of the sites received through the tabulation of the weighted criteria scoring mechanism . The Committee discussed specifically the sites receiving more than 100 points beginning with site No . 2 Eagle Creek Town Hall , site No . 3 the N.W. corner of 4th and C. R. 17 , site No. 4 the east side of Gorman Street , site No . 5 4th Avenue between the Shakopee Public Utilities Building and Citizens State Bank, site No . 7 the Lenzemeier Farm, site No. 18 the old Prison site , site No . 19 the existing City parkland site (specifically Memorial Park) , site No . 20 the S . W. corner of Shakopee Avenue and C . R . 17 , site No . 22 the west side of C. R . 17 , site No . 23 an addition to the Public Works/ Police Building and site No. 24 located east of the Public Works yard . It was noted that some of the criteria were not completely accurate as evaluated and site No. 24 was listed as an example because watermain looping was needed for utilities . The Committee decided to mail copies of the siting criteria to the citizens present at the meeting , the Industrial Commercial Commission , Downtown Ad Hoc Committee , Planning . Commission and City Council . M/S/P Czaja/Vierling to continue the meeting to 6 : 30 p.m. on April 15 , 1985 . Meeting adjourned at 7 : 45 p.m. John K. Anderson Recording Secretary I � CITY HALL SITING COMMITTEE Tuesday , April 15 , 1985 6 : 30 P.M. City Hall Council Chambers Chrm. Leroux called the meeting to order at 6 : 33 p .m. Committee Members present were Gloria Vierling, John -Leroux , Dolores Lebens and Dave Czaja . Dave Rockne arrived shortly after the meeting started. Also present were John K. Anderson , City Administrator and Bud Berens. Chrm . Leroux noted that the purpose of the meeting was to hear from those citizens attending the last meeting on April 9th. Chrm . Leroux said that Bill Wermerskirchen had suggested that the siting of a City Hall might also work for blight removal . John noted that Bill had mentioned certain sites but that the sites were still predominately surrounded by residential single family homes . Gloria Vierling mentioned that perhaps there should be a focus on areas that wouldn ' t otherwise develop easily through private sector initiative such as the old ball field , site No. 24 , east of the Public Works yard . John Leroux also mentioned that block No . 47 near St . Marks Church which was "semi-commercial" in a mixed use area might be a possible redevelop- ment site. He also mentioned that it might take grant programs to do any substantial redevelopment . The City Administrator commented that most of the current grant programs don ' t list city halls as an eligible activity. Bud Berens , who attended the previous meeting , suggested looking at two sites . The first was the block immediately south of the Post Office , which was an older block in town and might be suitable for redevelopment . He also pointed out that the site immediately west of St. Marks School might be a good site. Gloria Vierling noted that that site was already on the list , but had scored relatively poorly. Bud also indicated that the City might want to check with the Post Office on their future expansion plans. Mrs . Lebens said that someone had mentioned to her that the City might also check into a site in the Murphy' s Landing site using the restoration of the "Murphy ' s House" as a new City Hall site . M/S/ P Lebens/Vierling to further study the top 11 sites , less the Memorial Park site and adding for reconsideration site No. 9 . Chrm. Leroux suggested that the siting criteria be reviewed and those that - are duplicative be dropped and that the evaluation of the critiera be reapplied to the remaining sites. The Committee consensus was to drop criteria A , J , M , Q , AA and AB and to combine criteria N and 0. The Committee also noted that certain criteria needed further explanation so they would be applied uniformly by the Committee when making the final rating . Critiera such as L, U, X and Y were given as examples of critiera needing additional comments. Dave Cza ja suggested that a visit to each of the sites before the final evaluation of the sites by criteria would be helpful . The Committee concurred and agreed to meet on May 14 , 1985 at 6: 30 p. m. with Dave Czaja providing the transportation for the site viewing. The Committee also decided to keep May 28th open for a final paring of the sites to 3 to 5 sites, and to target a public hearing date for June. M/S/P Lebens/Vierling to adjourn at 7 : 25 p.m. John K. Anderson City Administrator PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 4, 1985 Chrm. Czaja called the meeting to order at 7:43 p.m. with Comm. Schmitt, Lane and Rockne present. Comm. VanMaldeghem was absent. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Lebens. Lane/Rockne moved to approve the mintues of March 7, 1985 as kept. Motion carried with Comm. Schmitt abstaining because of his absence. Lane/Schmitt moved to approve the minutes of March 14, 1985 as kept. Motion carried with Comm. Schmitt abstaining because of his absence. CONSIDERATION OF SIGN VARIANCE - MINNESOTA RACETRACK, INC. Schmitt/Lane moved to remove from the table consideration of a variance from the sign ordinance in order to erect a temporary free standing advertising sign as requested by Minnesota Racetrack, Inc. Motion carried unanimously. The City Planner stated the applicant has withdrawn its application for a variance. Schmitt/Lane moved to accept the withdrawal of the application for a sign ordinance variance. Motion carried unanimously. PUBLIC HEARING - BANKERS LIFE VARIANCE REQUEST Rockne/Lane moved to open the public hearing regarding the request by Bankers Life for a variance from the minimum lot size requirement in the I-1 zoning district. Motion carried unanimously. The City Planner explained that this applicant is asking for re-zoning of this property at the Planning Commission meeting later tonight, from B-1 to I-1. If that action is denied, this request is unnecessary. Discussion followed regarding the timing of requests in light of the legal opinion issued. on the Bed & Breakfast issue regarding due process being followed. Chrm. Czaja asked for comments from the audience. Mr. Walter Rockenstein, attorney representing Bankers Life, stated he is pre- sent for discussion. Rockne/Schmitt moved to continue this variance request to 8:55 p.m. , after discussion of the re-zoning request at Planning Commission. Motion carried unanimously. Shakopee BOAR April 4, 1985 -- Page 2 DISCUSSION - BULK AS IT RELATES TO NON-CONFORMING USES The City Planner said in her research, all other cities contacted, except one, interpreted bulk as it affects the exterior of a building. The City Attorney's opinion is that the word bulk in the code refers to the exterior dimensions. Comm. Lane asked about interpreting the enclosing of a deck or porch that is existing. Charles Pass, 100980 Little Avenue, Cologne, stated they do have an existing deck they want to enclose on the house at 126 North Atwood Street. Comm. Lane suggested considering bulk as it relates to exteriors of build- ing and the land area consumed, rather than just the volume, which would allow a deck or porch to be enclosed. The City Planner said a deck or porch has to have frost footings and is treated as an encroachment on the yard area which has to meet setback requirements and material requirements. Chrm. Czaja asked if there were any comments from the audience, and there were none. Comm. Lane suggested the definition of bulk to be anything that alters the gross area or increases the use of the land, such as adding onto a house or garage. An improvement of a structure that already exists and is ade- quate for its use, would be permitted. Comm. Rockne pointed out the intent of the ordinance was not to preclude the property owner from utilizing his property, but just not to intensify non-conforming uses. Comm. Schmitt suggested that as far as the Pass request is concerned, the garage should be discounted because in the past they have been considered an accessory use in a B-1 zone. He would like a condition that the porch not be winterized or permitted for year around use. The City Planner responded that detached garages are a permitted accessory use, but this issue is the expansion of an existing attached garage. The City Planner said she interprets the consensus for the definition of bulk as it relates to non-conforming uses as that which increases the existing exterior dimensions, including attachments such as porches and decks. Schmitt/Rockne moved to allow the construction of an attached garage at 126 North Atwood Street on the basis that to attach or not to attach is a moot item and there is no real clarificationthat attached is a requirement, and the request for enclosing the porch be denied on the basis that it is expand- ing the structure. Mr. Pass said they really need and want that porch. They have a lot and a half, so there is plenty of room and they don't need a variance for the size. He can't see why they can't build the porch; the garage isn't as important. Motion carried with Comm. Lane opposed. Chrm. Czaja informed the applicant of his right to appeal to City Council within 7 days. Shakopee BOAR -April 4, 1985 Page 3 Schmitt/Rockne moved to direct staff to alter the code to clarify the issue of bulk as recommended by the City Attorney; that it refer to the exterior dimensions. Motion carried unanimously. PUBLIC HEARING - STOCKER APPEAL FROM PLANNER'S DECISION Lane/Rockne moved to open the public hearing regarding the appeal by Joseph Stocker of the decision that the appellant may not operate a deli and cater- ing business at 537 Sommerville in the R-2 District. Motion carried unanimously. Mr. Joseph Stocker, 537 Sommerville, stated his partner and he would like to re-open the building at that location which was formerly a grocery store, and start a deli and catering business. He said the issue seems to be the intensification of the use. He said it was a distributorship of milk and Chippewa water and a grocery store that contained meat, so he doesn't think this would be an intensification of that use. Comm. Schmitt commented that the two distributorships were illegal business in that zoning district, and therefore cannot be used as a basis for the level of business use. The only grandfathered use was the grocery store. He pointed out that a home occupation only allows two people to be involved. The City Planner said that catering as a home occupation requires a commer- cial kitchen, which gets into a lot of investment and health board require- ments and additions to the residence. Chrm. Czaja asked for other comments from the audience, and there were none. Rockne/Lane moved to close the public hearing. Motion carried unanimously. Schmitt/Lane moved to affirm the administrative decision of the City Planner that applicant may continue the use of a retail grocery store, but any fur- ther intensification of use would require an application for variance or home occupation permit. Motion carried unanimously. Chrm. Czaja informed the appellant of his right to appeal to City Council within 7 days. Comm. Schmitt suggested the consideration of a deli-catering business under home occupation application. John Kenfield, prospective partner, stated they were under the understanding that they could operate a grocery store and deli and catering business, as per the City Planner's recommendation of the preparation of food trays to be delivered off site. Comm. Schmitt responded there is no application for home occupation for the catering business, but the deli could be considered with the grocery store. Schmitt/Rockne moved to adjourn to 8:55 p.m. Motion carried unanimously. Meeting adjourned at 8: 33 p.m. Schmitt/Lane moved to re-open the Board of Adjustments and Appeals at 9:05 p.m. Motion carried unanimously. Snakopee bOAA April 4, 1985 Page 4 PUBLIC HEAEING (CONT. ) - BANKERS LIFE VARIANCE REQUEST The City Planner advised that in light of the Planning Commission action, the Commissioners could either take action now or continue it to May pending action by the City Council. Chrm. Czaja asked for comments from the audience, and there were none. Comm. Schmitt requested the City Planner inform City Council about its con- cern for not breaking the 20 acre requirement imposed on the City by Met Council. He doesn't think it is clear what exceptional conditions apply to this lot to support the smaller size. Schmitt/Rockne moved to continue this hearing to May 9. Motion carried unanimously. Schmitt/Rockne moved to adjourn. Motion carried unanimously. Meeting ad- journed at 9:09 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 4, 1985 Chrm. Czaja called the meeting to order at 8:33 p.m. with Comm. Lane, Schmitt and Rockne present. Comm. Stoltzman arrived later, and Comm. VanMaldegehm was absent. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Lebens. Rockne/Schmitt moved to approve the minutes of March 7, 1985 as kept. Motion carried with Comm. Schmitt abstaining because of his absence. Schmitt/Lane moved to approve the minutes of March 14, 1985 as kept. Chrm. Czaja remarked that the minutes do not show the closing of the public hearing regarding the Bed & Breakfast Inn conditional use permit. Schmitt/Rockne moved to table approval of the minutes of March 14, 1985 until the May meeting. Motion carried unanimously. PUBLIC HEARING - MINNESOTA RACETRACK CONDITIONAL USE PERMIT Rockne/Lane moved to open the public hearing. Motion carried unanimously. The City Planner went over the background of the request and recommended approval of the conditional use permit. Mr. Bruce Malkerson, representing Minnesota Racetrack, Inc. , stated the Minnesota Racing Commission adopted a State law of a minimum 8 foot security fence. He stressed the importance of not allowing anyone to go out or in the stable area without going through the guardhouse. He said they did start to put up part of it, because they have to get 4 miles of fence in before the opening date. The City Planner said the code allows 6 foot fences, and therefore the request would be for an additional 3 feet. Schmitt/Lane moved to close the public hearing. Motion carried unanimously. Schmitt/Lane moved to approve Conditional Use Permit No. 398, to allow jf11TmeSrj-L a y�d��Ll�l't1, i^..f tC -Ls t2-?l aia R foot chain link fence, with an additional foot of barbed wire around the perimeter of the racetrack. Motion carried unanimously. Chrm. Czaja informed the applicant of the 7 day appeal period. CONDITIONAL USE PERMIT REVIEW-PRAHM-COLL Rockne/Lane moved to accept staff review of amended Conditional Use Permit No. CC-358, and moved its adoption. Motion carried unanimously. Shakopee Planning Commission April 4, 1985 Page 2 INFORMATIONAL ITEMS The City Planner informed the Commissioners of the City Council decision which reversed the Board of Adjustments and Appeals recommendation re- garding the use of the property at 981 Bluff Avenue. The City Planner advised the Commissioners of the Ass't City Attorney's decision regarding Della's First Addition in relation to the dedication of the additional right of way for CR16. The City Admr. clarified the issue further as it relates to this plat. The special meeting of the Planning Commission with the City Council is scheduled for Tuesday, April 9, 1985 at 8:00 p.m. PUBLIC HEARING - BANKERS LIFE REQUEST TO REZONE Rockne/Lane moved to open the public hearing regarding the request by Bankers Life Company to rezone 8700 Hwy. 101 from B-1 to I-1. Motion carried unanimously. The City Planner went over the considerations of this request. Walter Rockenstein, attorney representing Bankers Life, said the only people interested in this building are looking for light industrial; there is no interest in retail use. He said the sprinkler system has been repaired and the septic system will be corrected, based on designs being drawn up by the U of M. Chrm. Czaja asked if there were any comments from the audience, and there were none. Mr. Rockenstein advised the Commissioners of Bankers Life's history of involvement with this property, for which they acquired title in 1984. Comm. Schmitt said the property appears to' have had legitimate retail use until this year. He doesn't think the spectic system should be an issue, and that has to be resolved whether it is retail or industrial. He doesn't believe in rezoning to make the property more attractive. He is not comfortable with rezoning without an actual tenant who will use the building for the intended zoning. Mr. Rockenstein responded they have a prospective buyer who wants the property rezoned, but who wants some indication of the likelihood of it being rezoned. He mentioned they have had three different prospective tenants, all of whom wanted industrial zoning. Comm. Schmitt stated there are three or more adjoining structures that are all retail in use. The City Planner informed the Commissioners that she was notified by John Aherns that he is opposed to the rezoning request. Schmitt/Rockne moved to close the public hearing. Motion carried unanimously. Shakopee Planning Commission April 4, 1985 Page 3 Schmitt/Rockne moved to recommend to City Council denial of the rezoning request by Bankers Life on the basis that B-1 permits numerous uses of the building, for which the property has been used in recent history. Motion carried unanimously. The City Planner informed the applicant this issue would be heard at City Council on April 16,1985. Schmitt/Lane moved for a temporary adjournment for a Board of Adjustments and Appeals meeting. Motion carried unanimously. Meeting adjourned at 9:05 p.m. Chrm. Czaja called the meeting back to order at 9:15 p.m. PUBLIC HEARING - WILLIAMSON CONDITIONAL USE PERMIT Rockne/Lane moved to open the public hearing regarding the request by Murray R. Williamson for a conditional use permit to construct a hotel upon property located at CR17 and CR16. Motion carried unanimously. The City Planner stated the lot has to be final platted before this re- quest can be processed, and therefore staff recommends continuance to May 9, 1985. Chrm. Czaja asked if there were any comments from the audience, and there were none. Schmitt/Rockne moved to continue to May 9, 1985 the request for conditional use permit by Murray R. Williamson. Motion carried unanimously. PUBLIC HEARING - MINNESOTA VALLEY EQUINE VETERINARY CLINIC, LTD. CONDI- TIONAL USE PERMIT Schmitt/Lane moved to open the public hearing regarding the request by the Minnesota Valley Equine Veterinary Clinic for a conditional use permit to operate a veterinary clinic at 4110 Valley Industrial Blvd. South. Motion carried unanimously. The City Planner explained the major consideration of this request is the proposed lot split and development of this lot for the conditional use permit. She said the files indicate the former owner was notified that a subdivision was needed for further development. An administrative simple lot split could not be done on this parcel because of the issues of less than minimum lot size and drainage considerations. She listed various alternatives for dealing with these problems with the platting of the par- cel, which has to be determined before the conditional use permit can be considered. Mr. Greg Ebert, builder for the proposed clinic, stated that in a meeting at the first of March he was assured everything was ready. He was assured at the Scott County Courthouse that the property was a legal parcel with a legal description. Comm. Stoltzman arrived and took his seat at 9:26 p.m. Shakopee Planning Commission April 4, 1985 Page 4 Mr. Ebert stated he first found out he needed a lot split when he brought the information to the City Planner. He asked the Commissioner to take into consideration the time element involved. They want the clinic open at the same time the racetrack opens. When there is only a three month racing season, the loss of one month of operations is crucial. He stated he works a lot in Hennepin County, where everything the County approves and requires over-rides any concerns of the city. He doesn't understand how the County can tell him they have a legal lot of record when the City requirements aren' t fulfilled. He has no problem with applying for the variance other than the time delay it would cause. Comm. Schmitt expressed his feelings that this is an issue that should be worked out between the applicant and the former owner, without the Planning Commission becoming involved. He is not in favor of taking action without determining the involvement of the former owner. Mr. Jim O'Neill spoke on behalf of the former owner, Mr. Gust, stating that Mr. Gust is a former employee of his who asked him to represent him at the meeting because of a problem with the property. Mr. Gust is out of town and Mr. O'Neill has not been able to talk to him about the specifics of this problem. He only understands that if they have to go through the regular procedure for a variance it would delay the construction enough so it would not be open for the opening of the race- track. Mr. O'Neill was surprised that any parcel was under 2 acres, as he thought when they were developed they were all at least 2 acres. He is guessing that Mr. Gust thought that because the property was recorded in two lots at the County, that it was split. This lot in question is not less than two acres, but by a lot split a lot less than two acres would be created. He suggested approving this lot split and he would personally be responsible for getting Mr. Gust in for a variance for the other lot when he returned. Discussion followed regarding following procedure in approving various requests. The City Admr. was requested to find out what it takes to get Scott County to follow the requirements of the City. The City Planner pointed out that an easement is shown on the plat, but it has not been given, so that is another item that has to be taken care of. If the lot split is approved, Mr. Gust has to get a variance for a less than minimum lot size for Tract A. The applicant has to dedicate easement for drainage for Tract B. The variance could be issued as part of the motion to approve the lot split. Mr. O'Neill said he would do whatever is necessary to contact Mr. Gust. Mr. Ebert said Scottland requires some proof from the City that it will approve the building and it meets the City's requirements. The City Planner responded that approval of the conditional use permit should be sufficient proof. Mr. Malkerson spoke on behalf of Scottland, and stated if the builder brings in the plans tomorrow, it can be turned around in a day. Shakopee Planning Commission April 4, 1985 Page 5 Schmitt/Lane moved to continue this hearing to April 9, 1985 at 7:45 p.m. and to request legal counsel's opinion on the sequence of actions, along with a commitment from the previous landowner that he will abide by the ordinances of the City as they relate to lot splits and size variances. Mr. O'Neill stated he would get a hold of Mr. -Gust. Motion carried unanimously. Cncl. Lebens leaves at 10:00 p.m. PUBLIC HEARING - WINTER CONDITIONAL USE PERMIT Lane/Stoltzman moved to open the public hearing on the request by Janet and Kevin Winter for a conditional use permit to convert the loft of a barn to a living space in order to provide a second home in the AG district, at 1830 Marschall Road. Motion carried unanimously. The City Planner reviewed the considerations and recommended approval subject to compliance with all Building Codes. Comm. Stoltzman asked about the relationship of the previous conditional use permit for this property. The City Planner explained that another party was the applicant for that conditional use permit for a home occupation. Mr. Winter stated they would be creating one apartment for his wife and himself. He intends to remodel the whole property--house and barn. Discussion followed regarding the relationship and number of occupants on the property, along with the number of living units and business use. Chrm. Czaja asked for comments from the audience. Dan Swanson, 1834 Marschall Road, asked if the Winters live in the barn, can they apply for a second home occupation, so there would be two permitted businesses on the property. He also asked about which was the permitted farmstead residence, if he doesn't live in the house. The City Planner responded that there are allowances for a second resi- dence on a farmstead of 22 acres. The City Admr. elaborated that the owner doesn' t have to live in the homestead. There is an allowance for a second home, which has traditionally been a mobile home. Comm. Schmitt pointed out that allowance has traditionally been for a hired hand or relative to help out with the farming operation. There was no contem- plation of expanding the dwellings on a farm, and the intent was to deal with farming operations. Since this is not a farming operation, he would think the "one home per 40 acres" rule would apply. Mr. Winter asked if it would make any difference if he lived inthehouse or the barn. He could discontinue the house as a dwelling. He was an- swered that as long as there was only one dwelling, it didn't make any difference. The certificate of occupancy would have to be removed from the house when he moves into the barn. At that point he would have to re-apply for a home occupancy permit as the owner. Shakopee Planning Commission April 4, 1985 Page 6 Chrm. Czaja asked for other comments from the audience, and there were none. The City Planner recommended the Planning Commission take action on the conditional use permit request to deny it and direct staff that when Mr. Winter applies for a building permit to improve the barn as a living space, the building permit would be conditioned upon the cessation of the use of the house as a residence. Schmitt/Rockne moved to close the public hearing. Motion carried uaninimously. Schmitt/Stoltzman moved to deny the application for a conditional use permit for Janet and Kevin Winter on the basis that the Code does not allow more than one dwelling unit on a non-farmstead site in the AG zoning district. Motion carried unanimously. Chrm. Czaja informed the applicant of the 7 day appeal period. DISCUSSION - ACKERBERG DEVELOPMENT Mr. Sanders Ackerberg addressed the Commissioners regarding a proposed development on a parcel of property south of the Junior High School and east of CR17. This is a 62 acre parcel of flat, undeveloped land zoned B-l. They propose an apartment complex and would therefore request a rezoning to R-4. They are an architechtural office in Minneapolis which develop and own many types of buildings and are interested in this com- plex as a long term investment for themselves. They are proposing a three story, high grade apartment complex to be rented to older adults. They feel this would be a good transition between the high school, single family residential and commercial zoning off the by-pass. He showed a borchure of their other developed and owned properties. Allen Ackerberg pointed out this would be market rate housing and they would not be asking for financial assistance from the City. They have owned the property, in conjunction with others, for a long time and are interested in proceeding with this in the near future. Considerable discussion ensued regarding the location and impact of the major drainage-way on the south border of the property, and the 80 foot roadway located just north of it. Comm. Schmitt expressed some concern with isolating the existing commercial building just north of the property. The importance of the two interchanges was stressed, especially in light of the fact that only 50% of the interchange is developable because of sewer and water limitations to the south. The Commissioners see CR17 as the major collector for the residential community and the need for com- mercial development along it. The City Admr. informed the Ackerbergs of the joint meeting next Tuesday night with Planning Commission and City Council to discuss the major issues of rezoning requests, and invited them to be present. Si aKopee Panning Commission April 4, 1985 Page i DISCUSSION - STEVE HENTGES PARCEL PLATTING Mr. Hentges addressed the Commissioners relative to the problems of his proposed preliminary plat of his property on West 3rd Avenue, which is an unplatted lot of record, zoned B-1. Comm. Schmitt suggested working on some trade-offs relative to a commit- ment to enclosed storage by the applicant and a variance to the code requirement of connection to City services for development. Discussion continued on the viability of public facilities for the site. The applicant was directed to work further with City staff to attempt to meet the conditions for a preliminary plat, with consideration given to working further with the City Engineer for alternatives for City services. OTHER BUSINESS The City Planner said she has been informed that there is a State Statute that requires the County to notify the City when property is recorded within the City, and she will follow up on that item. Chrm. Czaja stressed the importance of everyone being at the meetings on time. Schmitt/Lane moved to adjourn. Motion carried unanimously. Meeting ad- journed at 11: 35 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary r . lq PROCEEDINGS OF THE PLANNING COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA APRIL 9, 1985 Chrm. Czaja called the meeting -to order at 7: 50 p.m. with Comm. VanMaldghem, Lane, Schmitt, Rockne and Pomerenke present. Comm. Stoltzman arrived later. Also present were Judi Simac, City Planner; Jeanne Andre, Community Develop- ment Director; Rod Krass, Ass't City Attorney; John K. Anderson, City Admr. and H. R. Spurrier, City Engineer. Also present were Cncl. Leroux, Lebens, Wampach, Colligan, Vierling and Mayor Reinke. PUBLIC HEARING - MINNESOTA VALLEY EQUINE VETERINARY CLINIC Schmitt/Lane moved to continue the public hearing regarding the request by Minnesota Valley Equine Veterinary Clinic for a conditional use permit to construct a veterinary clinic in the I-2 zoning district. Motion carried unanimously. The City Planner stated the main issue for discussion is the question of the subdivision of said parcel which results in one lot of less than mini- mum size, for which a variance is required. Staff also recommends the approval of a lot split. The Ass't City Attorney responded to questions regarding the timing and legal process for handling the various concerns and requirements for this application. His opinion was that if there was time to go through the whole normal procedure and the request would be granted, then it can be done simultaneously to save time. Chrm. Czaja asked for comments from the audience. Mr. Keith Soring, 2288 Hillside Avenue, St. Paul, President of Minnesota Valley Equine Veterinary Clinic, stated they have worked very hard to get things in order. He said they were not informed of the problem until the day they applied for the conditional use permit. He found out the records on the lot split were reported to the City two weeks after they purchased the property. If they had been informed of this earlier, they could have taken care of it in a timely manner. He stated the clinic is mainly directed towards the racetrack, and they need the full four months of service to get them through the year; and without that they will have to terminate the pro- ject. He informed the Commissioners that 1400 horses will be coming in June and the nearest equine service is 20 miles away. He stated the clinic is also a public enterprise, with 8 veterinarians involved and open to the rest of the clinical community to use as a facility. It is a badly needed facility, as the track itself will not have a clinic until 2-3 years down the line. He added there will be no horses housed on site. There will be two box stalls for holding during the day for medical purposes for surgery and recovery. The maximum number of horses on the site at any time would be two to three. He said a lot of routine things will be done at the track. The City Planner further explained that the 20 foot drainage easement on Tract B was recorded but never actually given to the City. She outlined alternatives for dealing with the lot split, size variance and drainage issue. Discussion followed. Shakopee Planning Commission April 9, 1985 Page 2 The Ass't City Attorney stated the conditional use permit could contain a condition requiring the filing of the drainage easement. Chrm. Czaja asked if there were any further comments from the audience, and there was no response. Lane/Rockne moved to close the public hearing. Motion carried unanimously. Schmitt/Rockne moved to direct staff to deal with the lot split administra- tively, subject to receipt of an application for variance on Tract A of the Gross parcel. Motion carried with Comm. VanMaldeghem abstaining. Schmitt/Rockne moved to approve the conditional use permit No. 400 subject to the following conditions: 1. The receipt of a drainage easement on Tract B as required by the City Engineer. 2. All natural plantings be in place within two months of the issu- ance of the building permit. 3. Final drainage drawings to be approved by the City Engineer. Motion carried with Comm. VanMaldeghem abstaining because she was not present for the entire discussion. Chrm. Czaja informed the applicant of the 7 day appeal period. DISCUSSION - MAJOR REZONING REQUESTS The City Planner explained that the City has been receiving many questions, comments and proposals relative to rezoning requests within the racetrack area. Staff would like some direction from Planning Commission and City Council as to whether developers should be encouraged or discouraged relative to rezoning requests. She pointed out on a map the parcels for which interest in rezoning has been shown. She went over various alter- natives to be considered regarding the comprehensive plan and zoning map amendments. Chrm. Czaia asked for comments from the audience in the order their names appeared on the sign-up sheet. Doug Watchkey, of Ackerberg & Assoc. , stated they are looking to develop a portion of B-1 along CR16 to build a market rate apartment building for long term ownership, and they are serious about proceeding soon. Mike Quayle, represents principals in a company composed of law partners called Standard Development Company, who have 30 acres adjacent to the glass factory along the frontage road. They have been approached by developers and are interested in a plan to down-zone from the present I-1 to business use to construct a motel similar to an AmericInn and light commercial de- velopment. He suggested remembering what the traffic from Minneapolis/St. Paul will be seeing as they enter the City for the racetrack. He thinks racetrack based facilities and a motel serving the racetrack and Valley- fair would be a pleasant sight on the way to the racetrack. He said it doesn't generate as much conflict if the zoning is downgraded rather than upgraded. He stated they are very serious about their proposal, and the AmericInn people believe they can have the motel up within two months of the permit. They are also serious about developing the rest of the land. April 9, 1985 Page 3 He said they are not speculative, as they have owned the land since before Valleyfair was built. He thinks their development will be first-class, and they have no problem with the criteria and compliance with any of the City's rules. However, he is troubled by any consideration of a building moratorium, which would really hurt them and anyone who is ready to move ahead. Bruce Malkerson, represented Scottland, which owns 1000 acres, along with the 390 acres of the racetrack. He pointed out that most of the traffic coming into the racetrack is coming from the new road and CR13. He said when the by-pass goes through in a couple of years most of the traffic will be coming on it, and he doesn't think a motel on one of the other entrances would be wise. He believes the 160 acres of commercial zoning is more than sufficient for development on the east side of Shakopee. Mr. Malkerson pointed out the area of proposed development along CR17 at the intersection with the by-pass. There will be commercial along CR17, with R-4 behind it. After extensive study, the Met Council stated there would be 15 acres of spin-off development from the racetrack. They think the City will only support 1-2 motels. They support a motel at the inter- section of CR83 and the by-pass, where it will over-look the racetrack, has the proper zoning and will have all the by-pass traffic going by it in 2-3 years. They plan a very up-scale motel which will be plainly visible during the off-season. He believes the comp plan was good in a broad sense, and the Commissioners should keep an open mind about new development, but not change zoning for speculative projects. Comm. Schmitt said he envisions the by-pass at CR83 to be industrial/ commercial support and CR17 to be residential or commercial support business community. Robert Behringer, of Wayzata, said his father owns a 10 acre parcel to the east of the Velodrome which he believes is good for industrial. He wondered if the racetrack felt the view from the grandstand into industrial would be negative. Mr. Malkersor. replied that because of the screening requirements, he didn't think that would be a problem. Chrm. Czaja asked for comments from the City Councilmembers. Cncl. Vierling said she thinks it would be very difficult to put any kind of zoning in place at this point, and she would be in favor of considering each individual rezoning request separately. Cncl. Leroux stated the amount of spin-off development .is nebulous. He wonders if the City and County can support all the developments that want to be commercial, when there are major shopping centers so nearby. If there is serious development involved which requests a rezoning, and it wouldn't create spot zoning, then it should be looked at on its own merits. There has to be a concrete plan. Cncl. Colligan agreed that spot zoning should be avoided. He also thinks the developments should be looked at individually, but they also have to tie into what is existing. Keep in mind it is easier to go downward in zoning than the other way around. Shakopee Planning Commission April 9, 1985 Page 4 The Ass't City Attorney said the question of how local property is affected by increases in value should be addressed in conjunction with zoning deci- sions. The question is if it is worth more money as a business, is that enough impetuous to consider rezoning. The zoning is intended to protect the City as a whole and protect valuations. Every decision affects property values one way or the other and can't be the major impetus. He advised they be flexible enough to recognize there will be a change in the City's needs and desires. He thinks the City did the right thing last year to have a building moratorium and look hard at the zoning. He suggests the City retains its cohesiveness and not have spot zoning. Cncl. Wampach said he can appreciate the developers who want answers, but he thinks at this time it is premature. The racetrack needs a season or two to show what is needed, and the transportation system is up in the air. Mayor Reinke stated he feels the Planning Commission over the years has been very open minded to developers. He would encourage developers to work with staff on any proposals they have. Chrm. Czaja asked for comments from the Planning Commission. Comm. VanMaldeghem stated she is basically satisfied with the over-all zoning as it exists. She is opposed to spot zoning. She would recommend leaving it alone until mid-1986 to see what happens, and to dissuade spot zoning and major re-zonings. She is opposed to a moratorium at this time. Comm. Rockne said he is in favor of looking at proposals on a case by case basis. Comm. Pomerenke said he is looking at the racetrack and the hours of opera- tion and the services that will be demanded by the people. He thinks the proposals should be looked at as they come. He believes that when the by-pass is in, there will be a lot of people moving here. Comm. Stoltzman arrived and took his seat at 9:25 p.m. Comm. Pomerenke said the developers who want rezoning and are investing money are the ones taking the risks. He looks to see if the need is there, and then proceed from there. Comm. Lane agreed that the rezoning requests will have to be considered individually, but he would think there would be some merit in having a con- sultant available to monitor the developments as they occur over the years to see what impact they have. Comm. Schmitt said that with the racetrack and Valleyfair, 10% of the people come from outside a 10 mile radius and will demand restaurant and motel facilities. This community has the capacity to become a vacation center for the metropolitan area. He supports looking at each development pro- posal as it comes along. He couldn't support a moratorium now because it was just done and it is not needed now. He also argues against spot zoning and rezoning for speculative purposes. He said they worked hard to put a lot of rail in the ground to support the development of an industrial com- munity to complement the .tax base and over all job base in the community. There needs to be a happy balance of vacation and industrial development. Shakopee Flanning Commission April 9, 1985 Page 5 Comm. Schmitt pointed out that only one corner of the by-pass and CR17 is properly zoned with services available to it. The rest is in a holding pattern in AC. The City Engineer stated the VIP interceptor was laid extra deep in that area to give the flexibility of going south or west from that intersection. They can either go west and collect everything to Tahpah Park or south and accommodate all of that intersection. Comm. Schmitt expressed his concern that if any of the intersections are given up, there is no way to replace them. Schmitt/VanMaldeghem moved to direct staff to operate on the premise of considering each rezoning request independently and individually, and to rely on the findings and code applicable. Motion carried unanimously. Discussion followed regarding staff application of the consensus of this meeting. Schmitt/Rockne moved to let the minutes of this meeting be the administra- tive comment to serve staff for use in dealing with various applications for rezoning. Motion carried unanimously. VanMaldeghem/Pomerenke moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:45 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary t*11akapee CRummuna -*eruices 129 Levee Drive Shakopee, Minnesota 55379' Phone 445-2742 Community Education • Parks • Recreation Adult Education Kly 1, 1985 Mr. Mike Bemis, Pres. Shakopee Mens Softball League 1029 Legion St. Shakopee, Mn. 55379 Dear Mike: In reviewing the schedule of a couple of the Divisions in the Mens League I have noted that you are planning on using the Jackson Twsp Softball Field on Wednesday and Thursday evenings. In light of this I have met with Jim Karkanen, Shakopee Street & Park Supt., and John Anderson, Shakopee City Administrator. We are in accord with the following points that we wish to make clear: 1. The property in question belongs to Jackson Twsp. The City of Shakopee at the present time does not have an agreement with the Township for maintaining the field, and, therefore, will not maintain the same. 2. City of Shakopee Park Department personnel are strained to the limit at the present time to handle their normal daily activities. Their ability to take on new tasks is very minimal. 3. We Fiould hope that no one would be injured while playing on this softball field, but we wish to point out that if this should happen, it would be at the player's own risk and whatever liability the Township Of Jackson would have. The City of Shakopee and Shakopee Comrunity Services would not be involved. Sincerely, George P. Muenchow, Director Shakopee C nTmmity Services c.c. Norbert Theis, Chan. Jackson Township A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 � I GOVERNOR'S ADVISORY COUNCIL ON STATE-LOCAL RELATIONS The Governor 's Advisory Council on State-Local Relations was created by Executive Order No . 85-1 signed by Governor Perpich in January, 1984 . Creation of the Council followed a recommendation by an interagency issue team in November, 1984 , that there should be established in State Government an intergovernmental advisory group modeled after the U.S. Advisory Council on Intergovernmental Relations . Copies of the report are available from the State Planning Agency. Purpose The Council is charged with monitoring local government issues and state-local relationships , and advising the Governor on state-local affairs . The Council 's principal functions include: * consultation between state and local officials * identification of emerging intergovernmental issues needing state attention * issue analysis and development of policy recommendations * brokerage of information on intergovernmental issues The Council is required by the Executive Order to prepare an annual report by November 15 of each year identifying emerging issues state-local relations issues . Membership 2 appointed by the League of Minnesota Cities 2 appointed by the Association of Minnesota Counties 2 appointed by the Minnesota Association of Townships 2 appointed by the Minnesota School Board Association 1 appointed by the Minnesota Association of Regional Commissions 2 Senators (one each appointed by Majority Leader and Minority Leader) 2 Representatives (one each appointed by the Speaker and Minority Leader) 1 Metropolitan Council Chair 1 Director of State Planning Agency 1 Commissioner of Finance 1 Commissioner of Education 1 Commissioner of Energy and Economic Development The Council elects a chairperson from among its membership. Activities The Council 's responsibility to monitor local government affairs and state-local relations , and to advise the Governor, is met through a variety of activities , including: -informal hearings and surveys to solicit local government attitudes on state local issues , review and comment on proposals and policy ideas submitted to the Council by the Governor, preparation of research reports and issue papers on special topics , and development of policy recommendations. Work Program As a Governor 's Advisory Council, the Council will on occassion be asked by the Governor to study special issues and make recommendations . However, the Council is be encouraged to take the lead in identifying issues and setting its own work program. Meetings The Council is required to meet atleast four times or year, or more frequently as requested by the Governor. All meetings are open to the public . Most meetings will be in St. Paul, but will occassionally be held in other locations around the state . Staff Support Administrative and professional staff support_ is provided by the State Planning Agency under the direction of the Director of the Intergovernmental Division . A senior Planning Agency staff person serves as Executive Director to the Council . The Executive Director manages the day to day activities of the Council and coordinates provision of appropriate staff support from the State Planning Agency, local government associations and other state agencies . Budget No funds are appropriated by the legislature for operation of the Council. Background The interagency issue team which developed the proposal for a state-local advisory body was composed of staff from the following agencies: Finance , Revenue, Energy and Economic Development , Transportation, Health, Human Services , Corrections , the Metropolitan Council and the State Planning Agency. The team concluded that: Questions regarding the division of responsibilities and powers between state and local governments , as well as the relationships between different types of local governments , are of such importance for responsible and efficient governance that the state should place high priority on improving the quality of state-local policymaking. Emphasis should be place on (1) upgrading State government ' s capacity to anticipate and identify emerging issues in state-local affairs , and (2) improving the quality of debate on state-local relations issues . The team recommended that: A permanent commission , or similar body, with representatives from cities , counties , townships , school districts , and the state executive and legislative branches should be created to monitor local government issues and state-local relations , and advise the Governor and legislature on state-local affairs . The issue team report argued that such an advisory body should be permanent and have a large degree of autonomy. permanance. States commonly create temporary advisory groups or task forces to deal with specific state-local issues . Such temporary groups are often productive, but were not viewed by the issue team as a substitute for a more general permanent advisory commission. A permanent group can deal with fundamental , ongoing issues such as local government powers , allocation of functional responsibilities , and state-local finance. The team's belief in the value of a permanent,. as opposed to a temporary, body led it to prefer that the advisory council be created statuatorily. However, the State Planning Agency recommended that the Governor create the Council by executive order . Although the Executive Order will expire at the end of the Governor 's current term, it can be reissued if the Council is achieving its intended purposes . The Planning Agency believed that creation by executive order affords more flexibility to fine tune the structure and membership of the Council as it matures . The Executive Order can, of course, be replaced by legislation at any time . autonomy. A majority of the issue team preferred creation of an independent commission, with its own budget and staff, modeled after the U. S. Advisory Commission on Intergovernmental Relations [the U. S. ACIR is a permanent, bipartisan commission created by Congress in 1959 to monitor the operation of the American federal system and to recommend improvements] . However, the team suggested that , if budget constraints did not permit such an approach, the Council should be housed in the State Planning Agency. Such an arrangement is compatible with the Planning Agency's role of coordinating Executive Branch policy development, and fits well into the Agency's broader environmental scanning and issue development processes. Principal staff support for the day to day activities of the Council will be provided by the Planning Agency's Intergovernmental Division. Additional staff support will be requested from time to time from other Divisions of the Agency, other state agencies, and the participant local government associations. Even though the Council will be dependent on the Planning Agency for staff support, the Executive Director will be an advocate for the Council 's needs . The Council will be encouraged to establish its own work program, and otherwise function as independently as possible. GOVERNOR' S ADVISORY COUNCIL ON STATE-LOCAL RELATIONS Membership Roster League of Minnesota Cities Mary Anderson, Mayor, Golden Valley (LMC President) Susan Edel , Council-Member, Winona (LMC Vice President) Association of Minnesota Counties Frank Hansen, Commissioner, Cook County Paul McCarron , Commissioner, Anoka County Minnesota Association of Townships David Fricke, Executive Director Henry Schumann , Stewartville (MAT President) Minnesota School Board Association Willard Baker, Executive Director Jean Olson , Board Member, Duluth (MSBA President) Minnesota Association of Regional Commissions Johnny Larson, Chairman, 6W Regional Development Commission Metropolitan Council Sandra Gardebring, Metropolitan Council Chairperson* House of Representatives Representative John Burger , IR, Long Lake Representative Glen Anderson, DFL, Bellingham Senate Senator Michael Freeman, DFL, Richfield Senator Phyllis McQuaid , IR, St. Louis Park Executive Branch Tom Triplett , Director, State Planning Agency* Mark Dayton , Commissioner, Department of Energy and Economic Development* Ruth Randall , Commissioner, Department of Education* Gordon Donhowe, Commissioner, Department of Finance* * designated by Executive Order by virtue of office. CITY ADMINISTRATOR' S ANNUAL EVALUATIOI,: Part I KNOWLEDGE, SKILL & UNDERSTANDING EVALUATION The purpose of this evaluation is to allow Councilmembers the opportunity to constructively criticize the level of knowledge , skill and understanding that I have exhibited as City AdmiDistrator during the past year. Please indicate with a 1-5 what you perceive my knowledge or skill level to be . New Councilmembers can use N/A if they don ' t know yet . The rating procedure uses a range from 5 very good to 1 unsatisfactory , with 3 the mid point , being an ade- quate rating. INTERGOVERNMENTAL RATING 1 . An understanding of the types of metropolitan, state and federal policies impacting upon the City. 2 . Skill in developing cooperative relationships with other jurisdications . 3 . An understanding of the responsibilities and conse- quences of participation in interlocal relations . ECONOMIC DEVELOPMENT 4 . An understanding of the issues involved in the management of growth ( i . e . planning, zoning and subdivision regulations ) . 5 . An understanding of the programs available for economic development. 6 . Skill in cooperating with the private sector to foster a partnership for public private ventures . GOAL AND POLICY SETTING 7 . An understanding of the techniques used. to assess community needs . 8 . An understanding of the political issues in identifying and setting goals to solve City problems . 9 . Skill in defining goals and policies in a form that they can be accomplished. 10 . Skill in tying specific goals and policies to the budgeting process . PROGRAM CONTROL/EVALUATION 11 . Skill in evaluating prior programs to aid in the development of new ones . 12 . An understanding of the consequences of alternative methods of program implementation ( e .g. direct delivery, contracting , tax incentives , etc . ) . 13 . Skill in anticipating the impact of a program on citizens before it is implemented. 14. Skill in -establishing controls in order to monitor programs once implemented. BASIC SERVICES 15 . An understanding of the delivery of basic services ( e . g. police , fire , public works , planning, etc . ) . 16 . An awareness of new trends in the provision of basic local government services . 17 . An understanding of how to improve departmental operating methods . 18 . An understanding of how to improve coordination between departments/programs ( identifying and analyzing duplicative efforts ) . 19 . An understanding of how to measure productivity improvements in departmental operations . EMPLOYEE AND LABOR RELATIONS 20 . An understanding of the processes of recruitment , selection, promotion and dismissal of personnel . 21 . An understanding of wage , salary, and fringe benefit administration. 22 . An understanding of the law and governmental policy in labor management relations . 23 . Skill in handling of negotiations and contract administration. 24. Skill in the handling of ,grievances. 25 . Skill in developing mechanisms to insure feedback from department heads/employees . 26 . An understanding of the impact of labor negotiations and state legislation on the budgetary and policy making authority of the City. 27 . Skil l in usinc e ployee perfo=;ance evaluation is et1.ods. DECISION MAKING 28 . Skill in analyzing situations ( i . e . "sizing up" the political , organizational and staff elements needed to deal with a problem) . 29 . Ability to make decisions when conflict exists and cope with the stress from resulting criticism. 30 . An ability to identify information from both sides of an issue that is needed to improve the decision making . BUDGETING 31 . An understanding of financial management . 32 . Skill in identification and generation of revenues . 33 . Understanding of the impact of state and federal cuts , etc . on the City. 34 . Skill in preparing and presenting the annual City budget to Council in a manner that is useful and understandable . 35 . Skill in long range financial planning. COMMUNICATIONS 36 . Skills in effective verbal , written, and visual communication. 37 . Skill in the development of effective presentation techniques . 38 . Skill in utilizing communications techniques ( cable T.V. , radio, newspaper, etc . ) to convey governmental issues to the community. 39 . Skill in establishing meaningful two-way communication with the public and civic groups to involve them in the decision-making process . COUNCIL ADMINISTRATOR RELATIONS 40. An understanding of the responsibilities a pro- fessional administrator has to the Council and 1`he citizens . 41 . Skill in presenting all sides of an issue or problem to Council to improve the Council ' s decision-making process . 42 . Ability to anticipate the action/information needed to keep the Council administrator relationship strong. 43 . Ability to follow through on Council action to insure its implementation. WORK HABITS 44 . Ability to manage time ( planning and prioritizing of time ) . 45 . Effectiveness of work completed. 46 . Appropriateness of example set for other employees . OTHER 47 . 48 . 49 . 50. Part II ROLE EVALUATION In addition to the evaluation you have just completed, I would also like you to evaluate my performance in the role of City Administrator. Each of you has expectations that are appli-eU—to evaluate the person occupying the City Administrator ' s position. In other words , you have a set of expectations about how John K. Anderson ought to behave in the role of City Administrator of the City of Shakopee . Please read the list once indicating with an (x) whether you agree or disagree with the levels of policy participation for a Shakopee City Administrator. Then, read the list a second time and indicate with an (x) whether you feel I have performed at the level you expect. Role Expectation Role Which You See Role Evaluation For Shakopee C .A. John Anderson Filling Fills Doesn' t Fill Agree Disagree Role Role 1 . Carry out policy ( ) ( ) ( ) ( ) 2 . Supply information to Council ( ) ( ) ( ) ( ) 3 . Anticipate and research problems { ) ( ) ( ) ( ) 4. Propose policies or solutions ( ) ( ) ( ) ( ) 5 . Management style - professional City Administrator ( ) ( ) ( ) ( ) 6 . Be a policy innovator ( ) ( ) ( ) ( ) 7 . Be a policy neutral on issues dividing the community ( ) ( ) ( ) 8 . Be a policy advocate - support City policies vocally ( ) ( ) ( ) ( ) 9 . Be .a political leader-work thru community leaders- to achieve policy goals ( ) ( ) ( ) ( ) 10. Be a political recruiter for Boards and Commissions ( ) ( ) ( ) ( ) 11 . Be a political recruiter for Council positions ( ) ( ) ( ) ( ) 12 . Be a political neutral ( ) ( ) ( ) ( ) 13 . Be a "Community Leader" ( ) ( ) ( ) ( ) Role Expectation Role Which You See For Shakopee C .A. John Anderson Filling Fills Doesn' t Fill Agree Disagree Role Role 14. Be a budget consultant-i . e . consult with Council before drafting C.A. ' s budget ( ) ( ) ( ) ( ) 15 . Be a Council meeting facili- tator , i . e. help move meetings along ( ) ( ) ( ) ( ) In an effort to summarize your responses above , please check (x) only one of the four policy orientations below in the column headed Shakopee City Admin. to indicate what you want for Shakopee , and one check in the column headed J.K.A. for how you see me. Shakopee City Admin. J.K.A. 1 . ( ) ( ) Political Leader: Acts as an advocate of policy and as a political leader, takes visible positions as an idea man, agent of change with an emphasis on programs . 2 . ( ) ( ) Political Executive : More pragmatic and less of a political leader but is involved in political issues , innovator, leader , problem solver but lets Council lead on major policies . 3 . ( ) ( ) Administrative Director : Reluctant to be a policy innovator and open leader, stress the constraints rather than the problems . 4. ( ) ( ) Administrative Technicians : The policy role is defined narrowly to a classic policy - administrative split . CITY ADMINISTRATOR ' S ANNUAL EVALUATIO:' ✓✓ Part I KNOWLEDGE, SKILL & UNDERSTANDING EVALUATION The purpose of this evaluation is to allow Councilmembers the opportunity to constructively criticize the level. of knowledge , skill and understanding that I have exhibited as City Admi:,Iistrator during the past year. Please indicate with a 1 -7 what you perceive my knowledge or skill level to be . New Councilmembers can use N/A if they don ' t know _yet . The rating procedure uses a range from 5 very good to 1 unsatisfactory , with 3 the mid point , being an ade- quate rating, INTERGOVERNMENTAL RATING 1 . An understanding of the types of metropolitan , state and federal policies impacting upon the City. ��y 2 , Skill in developing cooperative relationships with other jurisdications . 3 , An understanding of the responsibilities and conse- quences of participation in interlocal relations . ECONOMIC DEVELOPMENT 4. An understanding of the issues involved in the management of growth ( i . e. planning , zoning and subdivision regulations ) , 5 . An understanding of the programs available for economic development . , 6 . - Skill in cooperating with the private sector to foster a partnership for ^ublic, p iv:to ventures . GOAL AND POLICY SETTING 7 . An understanding of the techniques used to assess community needs ...,L,� 8 . An understanding of the political .issues in identifying and setting goals to solve City problems . 9 . Skill in defining goals and policies in a form that they can be accomplished. y"y' 7 10. Skill in tying specific goals and policies to she budgeting process . PROGRAM CONTROL/EVALUATION y 3 11 ._ Skill in evaluating prior programs *to aid in the development of new ones . /y��JJ 12 . An understanding of the consequences of alternative methods of program implementation (e .g. direct r delivery , contracting, tax incentives , etc . ) . `''' (-!4 �; 113 13 . Skill in anticipating the impact of a program, on citizens before it is implemented . 14. Skill in establishing controls in -order to r� monitor programs once implemented . tj Lam- BASIC SERVICES 15. An understanding of the delivery of basic services (e .g. police , fire , public works , planning , etc -). .jc.,c/77 16 . An awareness of new trends in the provision of basic local government services . ;_ t-t:- C/ _/ 17 . An understanding of how to improve departmental operating methods . 41 -Zl q 18. An understanding of how to improve coordination between departments/programs ( identifying and analyzing duplicative efforts ) . 19 . An understanding of how to measure productivity improvements in departmental operations . yY; 2-- EMPLOYEE AND LABOR RELATIONS 20. An understanding of the processes of recruitment , selection, promotion and dismissal of personnel . yyUy�� 21 . An . understanding of wage , salary , and fringe benefit administration. 22. An understanding of the law and governmental policy in labor management relations . "u (-:�77 23 . Skill in handling of negotiations and contract administration: 24. Skill in the handling of grievances. `f 25 . Skill in developing mechanisms-0to insure feedback from department heads/employees . 2 Z- 26 . An understanding of the impact of labor negotiations and state legislation on the budgetary and policy making authority of the City. "' 27 . Skill - in usince.:,ployee perfo��:ance evaluation ir,ethoca. DECISION MAKING 28 . Skill in analyzing situations ( I.. e . "sizing up" -the political ; organizational and staff. elements needed to deal with A problem) . 29. Ability to make decisions when conflict exists and cope with the stress from resulting criticism. "N(igC/ 30. An ability to identify information from both sides ? `" <<",t of an 'issue that is needed to improve the decision making. BUDGETING 31 . An understanding of financial management . J 7777-� � 32 . Skill in identification and generation of. revenues . 33 . Understanding of the impact of state and federal gI_3 cuts , etc . on the City. YI/C/ 34. Skill in preparing and presenting the annual Citdy budget to Council in a manner that is useful an understandable . 35 . Skill in long range financial planning. COMMUNICATIONS - 36 . Skills in effective verbal , written, and visual - communication. u y 7 37. Skill in the development of effective presentation techniques . /t.y. � . 38 . Skill in utilizing communications techniques ( cable T.V. , radio, newspaper, etc . ) to convey governmental issues to the community. 39 . Skill -in establishing meaningful two-way communication with the public and civic groups to involve them in the decision-making process . f. `; Y-yy COUNCIL ADMINISTRATOR -RELATIONS 40 . An understanding of the responsibilities a pro- fessional .administrator was to the Council citizens . 41 . Skill in presenting all sides of an issue or 5';gllyy problem to Council to improve the Cournc-; ' s decision-making process . !1` `>�?_y1J1 42 . Ability to anticipate the action/information needed ., Z/Y7J7 � to keep the Council administrator relationship strong. 43 . Ability to follow through on Council action to insure - its implementation. S75 WORK HABITS 44 . Ability to manage time ( planning and prioritizing / of time ) . `� 45 . Effectiveness of work completed. f uy3 46 . Appropriateness of example set for other eriployees . 1 L/y 33 74 ,3 OTHER 47 . 48 . 49 . 50 ,I r Part II ROLE EVALUATION In addition to the evaluation you have just completed, I would also like you to evaluate my performance in the role of City Administrator. Each of you has expectations that are applie�to evaluate the person occupying the City Administrator ' s position. In other words you have a set of expectations about how John K. Anderson ought to behave in the role of City Administrator of the City of Shakopee_ Please read the list once indicating with an (x ) whether you agree or disagree with the levels of policy participation for a Shakopee City Administrator. Then, read the list a second time and indicate with an (x) whether you feel I have performed at the level you expect . Role Expectation Role Which You See Role Evaluation For Shakopee C .A. John Anderson Filling Fills Doesn ' t Fill �ee Disagree Role Role 1 . Carry out policy 2. Supply information to Council 3 . Anticipate and research problems ( 6 ) (o ( ) ( > ) 1 ( ) 4. Propose policies or solutions 5 . Management style - professional City Administrator ( y ) 6 . Be a policy innovator ( �) ;i ( � ) ( f)✓ l (16) 1 13 7 . Be a policy neutral on issues dividing the community 8. Be a policy advocate - support City policies vocally { G ) ( } ( S ) ✓ f 9 . Be a political leader-work thru community leaders to achieve policy goals 10 Be a political recruiter for _ Boards and Commissions 11 . Be a political recruiter for Council positions ( ) ( C� ) ( ' )� ( %' 12 . Be a political neutral '2 13 . Be a "Community Leader" - � T%1 `T, ✓ �� 'viii?�l �1�tK-S Role Expectation Role Which You See For Shakopee C .A. John Anderson Filling 3 Fills Doesn' t Fill \A ree Disagree Role Role 14. Be a budget with consultant-i . e . consult Council uncil before `-J drafting C.A. ' s budget ( S�)C ( 1 ) ( �' ) 5' ( ) I J - - 15. Be a Council meeting facili- tator , i . e . help move meetings along In an effort to summarize your responses above , please check (x) only one of the four policy orientations below in the column headed Shakopee City Admin. to indicate what you want for Shakopee , and one check in the column headed J.K.A. for how you see me . Shakopee City Admin. J.K.A. 1 . ( ) ( 1 ) Z Political Leader: Acts as an advocate of policy -" and as a political leader , takes visible positions as an idea man, agent of change with an emphasis on programs . 2. ( y ) 3 Political Executive : More pragmatic and less of a political leader but is involved in political issues , innovator, leader, problem solver but lets Council lead on major policies . 3. ( Z ) 1 ( / ) j Administrative Director: Reluctant to be a policy innovator and open leader , stress the constraints rather than the problems . 4. ( ) ( ) Administrative Technicians : The policy role is defined narrowly to a classic policy administrative split . Auto Central Supply Munitech8.19 -Northern Inc, 28.90 - Northern 8ani'tary supply Co.� 2nc. 155.00 SSch .lz Ornamental iron 35.00 Shakopee services 22.00 E,H, Renner and Sons 678.00 Lou Van Bout 52.49 Schoell and Madsone Inc. 2,428.20 Motion by„Cookf seconded by Gorman that the bills be allowed and ordered paid. Motion carried, Manager Van Hout noted a communication from Community Services inviting the Shakopee)PublicUtilities Commission to attend the Shakopee Showcase night on April 29r 1985, A communication regarding Lock and Dam #1 by the Ford Motor Company was acknowledged. The Commission chose to keep informed on the situation but to take no action at this time. Liaison Wampach reported on a letter from Valley Fair regarding the water slide being installed by the Municipal Swimming Pool. He also informed the Commission of a new building complex being proposed for an area South of the Junior High School. Keith Zell and Tony Worm from the Valley Ice Arena were present to discuss their electric bill. Arrangements were made, with a deadline in mind, for payment of the past due portion of the electric bill. A letter of commitment will be sent from the representatives of the Valley Ice Arena by May 6, 1985, at which time the Shakopee Public Utilities Commission will consider if arrangements are satisfactory. The new deadlines for the office remodeling rebids were given by Manager Van Hout. The bid deadline is April 3, 1985 with an award date of April 8, 1985. The Commission will convene in special session on April 8, 1985 at 4:30 P.M. to award the contract. Mr. Jerome Jaspers and Mr. Jim Strefland were present from Jaspers, Loosbrock Co. to present the 1984 audit. Motion by Kirchmeier, seconded by Cook to take the necessary bookkeeping steps to eliminate the Building Fund deficit of $858.00. Motion carried. Motion by Cook, seconded by Gorman to accept the audit for 1984 as prepared by Jaspers, Loosbrock Co. Motion carried. The Manager was authorized to send employees -to the Department of Health water School to be held in April. The Manager reported to the Commission that during the last big snow storm, all of the employees of the Shakopee Public Utilities Commission showed up for work. A commendation from the Manager and the Commission was given to all of the employees. Paint samples for the repainting of the standpipe water tank was shown to the Commission. The Commission elected to go with the blue paint sample. A comparison of costs under the transmission rate available from Northern States Power Co. was presented. A discussion followed. Motion by Gorman, seconded by Cook to direct the Utilities Manager to request a change in rates of Northern States Power Co. There was one new plat for March, located on the corner of County Road 17 and 16, called Century Plaza Square 2nd addition. There were 5 fire calls for March for a total of 5 man hours and 17 minutes. There were no lost time accidents for March, 1985. The next meeting will be held on April 8, 1985 at 4:30 P.M. for a special session. The next regular meeting of the Shakopee Public Utilities Commission will be held on May 7, 1985 at 4:30 P.M. in the Utilities meeting room. Motion by Gorman, seconded by Cook that the meeting be adjourned. Motion carried. I b C', J &A eC�,;, Barbara Menden, Commissi n Secretary �7 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Special Meeting) The Shakopee Public Utilities Commission convened in special session on April 15, 1985 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and Manager Van Hout, Motion by Cook, seconded by Kirchmeier to award the contract for the office remodel work to Duain Swenson Construction, Inc. for $77,300.00. Motion carried. Motion by Kirchmeier, seconded by Cook to continue the health insurance for Ed Leaveck through 1985. Motion carried. Motion by Kirchmeier, seconded by Cook to grant a severance pay to Ed Leaveck in an amount equal to one days pav for each year of service plus the amount due under the present personnel policy. Motion carried. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. y Man ger: Lou Van Hout `'-,4akvvrc LIIriImunitU �'rrUirrs 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education George F. Muenchow, Dir. 4/26/85 John Anderson: Subject: O'Dowd Lake Fishing Dock Insurance Coverage In meeting with the Insurance Consultant yesterday (Dwight Tange) he stated that there is a dock rider that can be and will be attached to the City's Insurance Package, a very simple addition. In reference to whether a "Using At Your Own Risk" sign being placed at that location would be of any benefit to diminish potential liability, he felt probably not, but it wouldn't hurt, so Gregg and I agreed that we would try it and will do initially. George F. Muenchow A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 REGULAR SESSION TENTATIVE AGENDA SHAKOPEE, MINNESOTA Mayor Reinke presiding 1] Roll Call at 7:00 P.M. 2] Liaison Reports from Councilmembers MAY 7, 1985 31 RECOGNITION BY CITY COUNCIL OF INTERESTED CI,IZENS 41 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.) *51 Approval of the Minutes of April 16th and April 22nd, 1985 61 Communications: a] Robert Mayer, Independent School District No. 720 re: meeting with governing boards within the school district b] Fred J. Corrigan, Canterbury Downs re: renaming of CR -83 c] Doug Tietz, Scott County Sheriff re: 3rd Annual Sheriff's Focus on Fitness Run June 15, 1985 d] Peter Meintsma, Metro Waste Control Comm. re: invitation to meet and discuss sludge and many other issues e] Jack Brambilla re: request to lease additional space in the Black Arrow municipal parking lot f] Sandra Rosenberg re: obtaining a liquor license 71 Public Hearings: a] 7:30 P.M. - Appeal to the decision of the Board of Adjustment and Appeals that applicant may not increase the bulk of a non conforming residential structure at 126 Atwood Street by constructing a three season porch - Applicant, Charles Pass b] 7:40 P.M. - Appeal to the decision of the Board of Adjustment and Appeals that applicant may not operate a catering business and dining facility on property located at 537 Sommerville St. in an R-2 zone - Applicant, Joseph Stocker and John Kenfi-eld c] 7:50 P.M. - Appeal to the Planning Commission Resolution which denies applicant a conditional use permit to convert the loft of an existing barn to living space at 1830 Marschall Road - Applicant, Janet & Kevin Winter d] 8:00 P.M. - Continuation of public hearing on application for $2,000,000 IR Bonds from Bemidji Super 8 Partnership (bring item 12a from 3/5 agenda and item 9 from 4/2) e] 9:00 P.M. - Formal hearing to consider the alleged violations of Richard's Pub, 911 East First Avenue, on Nov. 21, 1984 and Feb. 14, 1985 - memo on table TENTATIVE AGENDA May 7, 1985 Page -2- 8] Boards and Commissions: a] Planning Commission: Conditional Use Permit No. 367 Issued to Mr. and Mrs. Gordon Hall *b] Energy & Transportation Commission: Dial -A -Ride Contract Amendment 9 ] Reports from Staff: a] Attorney General's interpretation of Mn. Dram Shop Law - on tab b.] ICC Budget for Industrial/Commercial Day c] Community Brochures *d] Luncheon Meeting of ICC on Economic Development Options e] City Wide Clean-up Effort f] Parkkeeper Position g] Purchase of Tractors for Park Department h] Water Slide and Erection Bids - memo on table i] Copy Machine Purchase for Police Department *j] Urban Corp -Study Agreement *k] Summer Flex -time 11 Approve bills in amount of $ 592,124.79 *m] Sewer Refund for Elk River Concrete n] Gambling and Bingo Regulations o] 1984-9 County Road 83 Widening - Change Order No. 2, increase of $5,777.00 p] Contract for General Civil Engineering q] Rehabilitation of Streets in Eaglewood Additions 10] Resolutions and Ordinances: *a] Res. No. 2395, Exonerating Mn/DOT of any Liability as A Result of A Request of A Variance on 4th Avenue b] Ord. No. 168, Amending City Code to Provide Evidence of Financ_: Responsibility As Required by State Law *c] Res. No. 2394, Initiating Vacation of Alley in Block 8, Koeper' Addition 111 Other Business: *a] Approve 1986 Budget Calendar b] The Chamber of Commerce would like to work jointly on a logo fc tourism signs *c] Apoint City Clerk as Acting Administrator May 15 thru May 19, d] Rakff Xc frtxt CO. TC -X C6LSc0-.Ge- %X7-1'0 � e] f] 9.R.Sf0 +`Fie- f- 5 u bs Sr-nGQ__ 121 Adjourn to Tuesday, May 21, 1985 at 7:00 P.M. John K. Anderson, City Administra SPECIAL 6ESSION OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SHAKOPEE, MINNESOTA APRIL 22, 1985 Mayor Reinke called the meeting to order at 6:33 p.m. with Councilmembers Colligan, Lebens, Vierling and Wampach present. Also present were John K. Anderson, City Admr.;Jeanne Andre, Community Development Director; H. R. Spurrier, City Engineer; and George Muenchow, Community Services Director. Citizens present included Pat Bouley and Madge Johnson from the Real Estate Journal and Clete Link. Councilmember John Leroux arrived at 6:36 p.m. Lebens/Vierling moved to accept the special call of the Mayor. Motion carried unanimously. Jeanne Andre reviewed her memorandum explaining the City's sanitary sewer flow allocation and listing several alternative approaches to resolve development/ allocation problems. After her review there were numerous question from Council - members and Clete Link commented about the lack of residential lots available in Shakopee and the fact that builders were going elsewhere to construct new homes. Colligan/Wampach moved to concur with the action requested by staff to use technical engineering and planning reports to demonstrate: a) how the City has managed its industrial sewer flow since 1981; and b) the City's perspective on its population and employment projections for 1990 and the year 2000 supporting additional sewer allocation for the City. Motion carried unanimously. For the longer term staff is directed to pursue alternatives 3 and 5, seeking to demonstrate the need for certain land uses and applying new technical data in line with the City's design criteria. The City Admr. reviewed his memorandum regarding the proposal by the Real Estate Journal to do a feature story on Shakopee and the Journal's request that Shakopee buy a two page ad for the sixteen page story. Cncl. Leroux asked several questions about who would be responsible for copy design and Madge Johnson indicated that although the City was certainly free to hire an advertising firm, the Real Estate Journal had made the commitment to do several alternate layouts for the City. Leroux/Vierling moved to authorize staff to make a commitment for a two page ad in the June issue of the Real Estate Journal at a cost of $800.00, contingent upon the Real Estate Journal marketing staff obtaining a maximum of an additional six pages of advertising for a sixteen page June focus issue. Roll Call: Ayes; Reinke, Wampach, Vierling, Leroux, Colligan Noes; Lebens Motion carried. Leroux/Vierling moved to direct staff to provide Council with the initial copy layout done by the Real Estate Journal staff and authorizing staff to hire a professional advertising agency at an amount not to exceed $700.00 should Council and staff be unhappy with the initial layout. Roll Call: Ayes; Reinke, Wampach, Vierling, Leroux, Colligan Noes; Lebens Motion carried. Shakopee City Council April 22, 1985 Page 2 George Muenchow, Community Services Director, was present to briefly review his memorandum discussing the alternative marketing plans for the water slide/ swimming pool. Councilmembers asked several questions and Cncl. Lebens suggested that even if the "middle road" advertising approach was taken she felt that a story in the Star and Tribune Community Section would be a big plus. Wampach/Colligan moved to authorize staff to follow a "middle of the road" approach in marketing the Shakopee municipal swimming pool/water slide complex this summer including advertising and publicizing in neighboring communities in Scott and Carver counties. Motion carried unanimously. The City Engineer introduced his memorandum regarding Shenandoah Drive public improvement No. 1984-4 regarding the sale of stock piled City material. Lebens/Wampach moved to authorize the City of Shakopee to sell excess material from the construction of Shenandoah Drive to Minnesota Racetrack, Inc. at a price of $1.00 per cubic yard, the exact volume to be determined by cross sections approved by the City Engineer. Motion carried unanimously. The Mayor announced that Councilmembers had on the table in front of them an invitation to Ed Leaveck's retirement party from the Shakopee Public Utilities. Colligan/Vierling moved to adjourn at 7:37 p.m. John K. Anderson Acting Recording Secretary Judith S. Cox City Clerk JAMES STILLMAN. Chairperson JERRY LEBENS. Vice -Chairperson GAIL REBECCA KELSO, Clerk JOHN GOIHL, Treasurer WARREN HALLGREN, D.D.S., Director JOAN LYNCH, Director JAMES SORENSEN, Director DISTRICT OFFICES INDEPENDENT SCHOOL DISTRICT NO. 720 505 SOUTH HOLMES SCOTT COUNTY SHAKOPEE, MINNESOTA 55379 TELEPHONE: 445-4884 April 17, 1985 Mr. John Anderson City Administrator City Hall 129 East First Avenue Shakopee, Minnesota Dear Mr. Anderson: !xn ROBERT MAYER, Ed.D. Superintendent of Schools VIRGIL S. MEARS Assistant Superintendent Each year the school districts throughout the State of Minnesota are required to host a meeting for all governing board members of the various governmental bodies within the boundaries of the school district. The purpose of this meeting is to discuss methods of increasing mutual cooperation among governing boards. It is hoped that through discussion at these meetings duplication of programs can be avoided, that plans can be made to maximize resources for future programs and activities, and common areas of concern can be identified. The meeting will be held in the school board meeting room located in the Central Elementary school building, 505 South Holmes Street, Shakopee. The meeting will be held on Monday evening, May 13, 1985 and will commence at 7:30 p.m. Should you have any items or issues you feel should be discussed at the meeting, please call either George Muenchow at 445-2742 or me at 445-4884. We will see that your concern is placed on the agenda. You will receive a reminder of the meeting approximately one week prior to the meeting. An agenda for the evening will also be included. Please place this date on your calendar. We hope that you or someone from your governing board will find it possible to attend. Sincerely yours, q)d"�' r� a -,PJ - Robert Mayer RM:gar Superintendent of Schools AN EQUAL OPPOPTUNITY EMPLOYEP 4&&Atu CANTfRBURr. D O W N S May 1, 1985 Mayor Eldon Reinke City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Reinke and Members of the City Council: This letter will formally request that County Road 83 be renamed Canterbury Lane. We understand the Council will address this issue and advise us of the procedure for implementing this change. Thank you for your attention to this matter. FJC/cak Yours si cd J. Cor �'i gan mission Manager CC: Stan Bowker Brad Larsen - Highway Engineer Canterbury Downs/5248 Valley Industrial Boulevard South/PO. Box 508/Shakopee, Minnesota 55379/(612) 445-7223 DOUGLAS L. TI ETZ SCOTT COUNTY SHERIFF COURT HOUSE ANNEX SHAKOPEE, MN 55379 (612x445-7750, Ext. 300 ` 911 EMERGENCY ONLY April 15, 1955 Mayor Eldon A. Reinke City Dii1ces 129 First Avenue East Shakopee, Minnesota 55379 Dear Mayor Reinke: This letter serves to inform You that June 15, 1955, has been set aside as our 3rd Annual Sheriff's Focus on Fitness Run, a 10—K and —K event. Also planned this year is a one half mile tun run for children ten and under. Last year, as you may recall, the run begun at the south end of the Minnesota Valley Mall, proceeded east on 12th Avenue, north on Adams Street and east on 10th Avenue to Shakopee Avenue and returning to the starting point. We had 168 registrants last year and hopefully that number will increase this year. The Sheriff -s Reserve Unit will regulate trattic at certain intersections and a lead car and follow up vehicle will be provided by our department. We again intend to have an ambulance on stand by. Plans are beinG made for race ceremonies after the completion of both races. I have consulted with Chief Brownell and have received his support, and tie encourages you and other members of the council to participate as race entrants. The proceeds of the Sheriff`=. Focus on Fitness Run will be given to the Scott County Sheriff's Reserve Unit. The committee is looking forward to ;:our support, as we have so abundantly enjoyed in the past. If you have any questions, please do not hesitate to call. A copy of the registration form with waiver is enclosed. Sincerely, Douglas L. Tiet--?.'Sheriff DLT:mlV cc: Mr. Dean Collician.!Council Mrs. Delores Lebens'Councii Mr. John Leroux:'CounciI Mr. Jerr;: Wampach/Counc i 1 Mrs. Gloria Vierlinq;"Council Chief Thomas Brownell./Shakopee Police Department Mrs. Pat Boeckman/ Secretary File An Equal Opportunity Employer WFVT CXTka commiffion Twnckes 4 -ea April 30, 1985 Ms. Judity Cox, Clerk City of Shakopee 129 1st Ave. E. Shakopee, MN 55379 Dear Ms. Cox: How about breakfast and some scintillating conversation about ssssludge and many other issues? I would like to hear from YOU. Perhaps you would like to hear from me? Ours is a changing organization. One of the most vital and important part of that change is the interest of the Commissioners and me to in- volve community leaders more fully in issues that affect all of us. Enhanced by the recently completed Management Study, we are in the pro- cess of significant management changes at the Metropolitan Waste Control Commission. One possible new direction is indicated by the beginning of a systematic and thorough study of all of our rate systems. I trust that you will want to be a part of this effort to make our "business" a more responsive and a more progressive public agency. Please join me at Jay's Family Restaurant, 222 Chestnut Street (Main Street) Chaska, MN at 7:30 a.m. on Tuesday, May 14, 1985. Breakfast will be Dutch treat. Sincerely, Peter E. Meintsma Chairman PEM/ls P.S. Please pass this invitation on to your Council and appropriate staff. �5 —3,! .. r�i,�'. i �C_.!, fel1r1�S01G35 0 6"2-222-842 RRAMRTTT ASC iN!` Select Used Cars 114 NORTH HOLMES (612) 445-2611 • P. O. BOX 37 Winnebagoc Rentals • SHAKOPEE, MN 55379 City of Shakopee 129-1,5t Avenue Ea,5t Shakopee, Minnesota 55379 Ap- ,Lit 77, 1 9 8 5 City o6 Shakopee: I,Jack BAamb.itta owneA o6 BAamb.itta'z Inc., am pAezentty Zeazeing tweZve packing space.6 in the B.back. AAAow mun.icipat pa,tk ing tot with a yeaAL y tenewat . Now, I am .inteAested in teaz.ing twetve morce zpacez . B.itheA the one -6 adjoining Levi DA.Lve oA the ent.iAe east hath o6 the Black AAAow Pakking Lot. I need the z pace JoA buzinezz cxpan- zion and I woutd tike to have the tame agAeement az the otheA twetve spaces. The z pacez would be u.6ed 6oA paAking VAa.i.Le&,s , ttuck.5 and a.utomobitez. IJ any add-itionat ,injoAmation iz AequiAed you can Aeach me at 445-2611. Pteaze advise me o� the City Counset meeting when th.iz w.itt be on the agenda. iack'. n� t y , x� r Btiambitta MEMO TO: John K. Anderson, City Adiftiqistrator FROM: Judith S. Cox, City Clerk RE: Parking in Black Arrow Municipal Parking Lot DATE: April 24, 1985 Introduction: The City has received a request from Jack Brambilla to lease additional parking spaces in the Black Arrow municipal parking lot. Background: Mr. Brambilla is currently leasing 12 parking spaces adjacent to the alley. The public works supt.recommends using the east half rather then the usable space on the West and South portion of the area. Mr. Brambilla is currently using the area already, anyway. The highrise is also renting seven spaces in the Northwest corner of the lot. Current lease for both the highrise and Brambilla is $10.00 per space per year. A larger lease fee may be desirous at this time. Alternatives: 1) Status quo lease only current 12 2) Lease additional 18 spaces, in the middle of the lot east of the street light. 3) Lease seven spaces in the northeast corner of the lot. (The highrise leased the 16 to the northwest, but did reduce the number to 7 this year) 4) Lease twelve spaces in the northeast corner. Recommendation: Alternatives 2 and 3 in addition to the 12 already being used. Action Recommended: Authorize appropriate City officials to enter into a special municipal parking lot permit lease with Jack Brambilla for an additional 25 spaces @ $10.00 per space for a period beginning May 13, 1985 through December 31, 1985. dbs �- 1350 Ala 'Moana Blvd. r; = ,;3001 Honolulu, Hawaii 96814 City of Shakopee 129 East First Ave. Shakopee, Ilinn. 55379 Attn.: Judy Cox Dear Iis . Cox; Per our conversation today, I would formally like to request to be placed on the agenda for the city meeting on Nay 7, 1985. As I discussed with you on my visit in April, ?ry partner and I would like to build a niteclub in Shakopee. We are both from the midwest and wish to be closer to our families. The only problem being that of obtaining a liquor license. I have had numerous discussions with the Attorney, James Hunter, who represents the Cactus Jack's owner. Apparently, the owner, Jerry Smith, wants $40,000.00 for the purchase of that license. We have offered him a reasonable sum, but he has refused and advised that he will let the license expire unless he car. get his price. We feel that any financial problem he is having has nothing to do with us and would hope that the liquor corinission would not penalize honest business people by allowing that license to elapse. Iiy realtor, Jane DuBois, has been assisting us and is very much aware of the above problem. Therefore, I would like to come before the board and ask their assistance in somehow solving this problem. You may contact me in Hawaii at 808 531-5895 until ,.Iay 4, 1985. After that time I will be in Shakopee working on other aspects of our project. I can be reached thru Jane after the above date. Looking forwar_-':. to seeing you again. Sincerely yours.-, � c .,andra Rosenberg MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Appeal of Board of Adjustment and Appeals Decision by Charles Pass DATE: April 23, 1985 Introduction: Mr. Charles Pass has filed an appeal to the decision of the Board of Adjustment and Appeals that he may not increase the bulk of the non conforming residential structure at 126 Atwood Street by constructing a three season porch. A public hearing, to be conducted by City Council, is scheduled for May 7, 1985.. Background: On February 28, 1985 Mr. Pass submitted a building permit application to alter a non conforming single family residence at 126 North Atwood Street (B-1 zoning). The applicant intends to construct an addition to the existing single car garage (for garage purposes) and a 14 x 23 foot three season porch, along with improving the interior wiring, kitchen and bathroom. The non conforming use section of the code allows for the alterations which will improve the livability (rewiring, roofing, etc.) but does not allow for an increase in the bulk of the building. Recently the Board of Adjustment and Appeals approved an interpretation of the work "Bulk" to mean increasing the exterior size of the building, thereby occupying a greater land area. The Board of Adjustment and Appeals has approved the con- struction of the attached garage based upon language in the code which allows off-street private garages as a permitted accessory use. However they have determined that the construction of the three season porch is increasing the exterior size of the building and thereby not permitted for a non conforming use. Action Reauested: Offer Appeal Resolution of the City Council No. 402 and move for its adoption as follows: said appellant may not increase the bulk of a non confroming residential structure at 126 N. Atwood.St. by constructing a three season porch. Attachments tw On March 13th, my wife Rita -and I attended the planning commission meeting regarding permits for our home at 126 North Atwood. We were -very disapointed when we learned we had to wait another month for a decision about this, as we are most anxious to begin the necessary work there, and we are also very concerned that our home is vacant. We do desire to move in as soon as possible. we also understand that we have only 3 months left to occupy this home or it may not be used as a "residence" any longer. May I please say a few more things on our behalf -------- My Great-grandfather built the structure. Tt was passed on to his son, then to my loom and Dad, and now to us. That makes us 114th generatiDn" residents. we love the home very much. At the present, it has a single attached garage, and we would like to make this a "double". On the back of the house there is a deck which we would 'Like to rebuild into a three season porch instead. There is only a small cellar in the home, and this porch would be used constantly by our 6 children and their friends as a much needed recreation room. This would also rrovide room for our freezer. Theses are just a few reasons why we greatly desire your consideration to grant us the requested building permits. The double attached garage would be a great asset also. although, T'm sure we could live with out an attached rrarage, it would be very convenient and difiniteiy would improve the 100K of the home. Our home has a small ft. wide garage now. :pie would like to widen it to 24 ft. Tf you cannot find it in your heart to grant us the arage permit, please consider the porch permit. �;ith active tEenaCe our family would really appreciate and need it. Thank you for your time and considerations. Sincerely, Agri_ �+ 1 -age P,ZSCL'SSIO\ - BLZi AS IT ?ELATES TO 10i -CO\Fop �G SES The Cite Planner said in her research, all other cities contacted, except one, interpreted bulk as it affects tine exterior of a building. The Cite Attorney's opinion is that the word bulk in the code refers to the exterior eimensions. Comm. Lane asked about interpreting the enclosing of a deck or porch that is existing. Charles Pass, 100980 Little Avenue, Cologne; stated they do have an existing deck they want to enclose on the house at 126 North Atwood Street. Comm. Lane suggested considering bulk as it relates to exteriors of build- ing and the land area consumed, rather than just the volume, which would allow a deck or porch to be enclosed. The City Planner said a deck or porch has to have frost footings and is treated as an encroachment on the vard area which has to meet setback requirements and material requirements. Chrm. Czaja asked if there were any comments from the audience, and there were none. Comm. Lane suggested the definition of bull; to be anything that alters the gross area or increases the use of the land, such as adding onto a house or garage. An improvement of a structure that already exists and is ade- ouate for its use, would be permitted. Comm. Rockne pointed out the intent of the ordinance was not to preclude the property owner from utilizing his property, but just not to intensify non -conforming uses. Comm. Schmitt suggested that as far as the Pass request is concerned, the garage should be discounted because in the past they have been considered an accessory use in a b-1 zone. He would like a condition that the porch not be winterized or permitted for year around use. The City Planner responded that detached garages are a permitted accessory use, but this issue is the expansion of an existing attached garage. The City Planner said she interprets the consensus for the definition of bulk as it relates to non -conforming uses as that which increases the existing exterior dimensions, including attachments such as porches and decks. Schmitt/Rockne moved to allow the construction of an attached garage at 126 North Atwood Street on the basis that to attach or not to attach is a moot item and there is no real clarification that attached is a requirement, and the request for enclosing the porch be denied on the basis that it is expand- ing the structure, Mr. Pass said they really need and want that porch. They have a lot and a half, so there is plenty of room and they don't need a variance for the size. He can't see why they can't build the porch; the garage isn't as important. Motion carried with Comm. Lane opposed. Chrm. Czaja informed the applicant of his right to appeal to Cite Council within 7 days. T -L] us A. COLLER. 11 ATTc)R\EY AT LAW esu � "" E 5- i g 5 T AVENUE SHAHOPEE, MINNESOTA On379 Memo To: Judy Simac, City Planner From: Julius A. Coller, II, City Attorney In re: Definition and interpretation of word"Bulk" in Non Conforming Uses Date: April 3, 1985 You ask for a written opinion that you can share with the Planning Commission to guide them in their determination for future cases defining the word "Bulk". From a search of the cases it appears that our courts have never given a definition of the term "Bulk" that would be helpful in the case under consideration and so resort must be had to standard dictionaries. Webster's New World Dictionary defines Bulk as "size, mass or volume". to Applying this definition/Shakopee City Code 11.03 Subd 2 I it seems that any alteration of a building or structure that would increase the exterior size of the structure would be one that would increase its bulk. If the alteration would not increase the exterior size then it probably would increase the density. I am quite confident that the word "bulk" in the code refers to the exterior dimensions. 7C�-, CITY OF SHAKOPEE WHEREAS, having first filed an appeal to the Board of Adjustment and APPeals dated for an appeal from the strict application of the provisions, of the Shakopee Zoning Ordinance, Section to wit: WHEREAS, the property upon which the appeal is being made is described as: : and WHEREAS, said appeal is for property presently zoned as: WHEREAS, said appeal was by the Board of Adjustment and Appeals at their meeting of and this decision has been appealed to the City Council; and WHEREAS, the Shakopee City Council on held a public hearing on the appeal from the decision of the Board of Adjustment and Appeals. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF-SHAKOPEE, MINNESOTA, that upon hearing the advice and recommendations fo the Board of Adjustments and Appeals and the Shakopee City Council that the aforementioned appeal be and. hereby: , as follows: BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code 11.04 Subd. 4-F. All decisions of the City Council are final. Adopted in session of the Shakopee City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor City of Shakopee MEMO TO: Shakopee Board of Adjustment and Appeals FROM: Judi Simac, City Planner DATE: March 29, 1985 APPELLANT: Joseph P. Stocker, 537 Sommerville LOCATION: 537 Sommerville, S2 Lots 1 & 2, B76 ZONING: R-2 Urban Residential LAND USE: Non -Conforming Grocery store 2nd floor. APPLICABLE REGULATIONS: Section 11.04, Section 11.03, FINDINGS REQUIRED: Section 11.04, Subd. with dwelling unit on Subd. 4; Section 11.26, Subd. 2; Subd. 2 4; Section 11.03, Subd. 2 PROPOSAL: The appellant is appealing the administrative decision of the City Planner that said appellant may not operate a deli and catering business with eat -in dining at the location of 537 Sommerville in the R-2 District. SURROUNDING LAND USES: Residential to the north, east, south and institutional (school) to the west. CONSIDERATIONS: 1. The existing structure was built in 1920. The first floor has been used as a retail grocery/food distribution and the second floor as a dwelling unit. Approximately four off-street parking spaces are available. Under current zoning regulations the structure is a legal non -conforming use. However the non conforming use has been discontinued since November 15, 1984, thereby requiring code conformity of the structure by May 15, 1985 unless the retail grocery is reopened. 2. The appellant would like to reopen the structure as a deli and catering business. Staff interprets this portion of the proposal to be a change to a similar non -conforming use. The appellant would also like to provide a dining area to seat approximately twenty persons. Staff interprets this portion of the proposal to be an intensification of a non conforming use and thereby not permitted. The proposed dining facility conflicts with the purpose of the R-2 zoning district. 3. The existing signage on the parcel is also non -conforming and if destroyed beyond 500, could not be replaced. Recommendation: Staff recommends that the appellant be permitted to reopen the store for retail gorceries and on site preparation of food trays to be delivered off site, if done by May 15, 1985. Further, it is recommended that the appellant may not be allowed to provide a dining facility in the structure, as such use would provide an intensification of a non -conforming use. l� MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Appeal of Board of Adjustment and Appeals Decision. by Joseph Stocker DATE: April 23, 1985 Introduction: Mr. Joseph Stocker and his partner, John Kenfield have filed an appeal to the decision of the Board of Adjustment and Appeals that they may not operate a catering business and dining facility on property located at 537 Sommerville St. in the R-2 zoning district. A public hearing, to be conducted by City Council, is scheduled for May 7, 1985. Background: The subject property is a legal non -conforming use which has been discontinued as a retail grocery store since November 15, 1984. The owners have six months, or until May 15, 1985, to reopen the retail grocery store or the property loses it's legal non conforming status. The basis for denial is that the proposed catering business and dining facility is an intensification of a non conforming use and not permitted by City Code. Action Requested: Offer Appeal Resolution of the City Council No. 397 and move for its adoption as follows: Said appellant my not operate a catering business with eat -in dining facilities at 537 Sommerville Street. Attachments tw 7 �- Action Requested: Offer Appeal Resolution No. 397 affirming the decision of the City Planner that said appellant may operate a deli and catering business at 537 Sommerville if commenced by May 15, 1985, but that said appellant may not provide a dining facility in the structure, and move for its adoption. tw I LOCA' 10 It 1 / - 1 I - 4 ^t tr• �� �1 �� 1'1- IAV '� �1 I ` h L7kP Q'Im — �}'rN 1 j \G— - // Z Si . �� i i„ � �iw�tc►ic'�l� � uvc J �,� ,_ /\f I �4 )� •tw• ���K (s �IS ( li��LP i. I�I�LJL J� l �^ TMWLS SHAKOPEE «� �5 � i I �o I I wENNES 12 cc / i o 111 u in j° 13 - I �18 i C O R r 78 I I %Yr• I CO RD 7R I P i I CO RC 77 t I I I ! r _ 6:111 �.TWv..�j..Z "y V.^. .. „iGw._�_� i V� Vv.. a.•.i�:_a..1 Jla',ir r1.iCi l+ 1 .2o :C ii:llic er ^e ._; ion -,,ertaii`iinr �0 i:�r r0 oS`.Of .. i i`.l ll: ly �...Vv � +-aL� UVB 11 J at V � J I _ q c _.r oi:all o':,' -6, escribe -_i:iy-3ro-,-os f bu-7ines. •�r John .-enf i; ld ea -id mysei� , fo_rmi n;r a partnership., would lire to reopen the said building as a deli and cater int- bus::.e �: yess will install _t --hen facilities in the mast area of the building which will co ply ith the Ztate reZulaLions rev—aroinl- Iood- preparation. .:e ;kill -rovide three --ervi ces to the ub1ic: I.) _ietc.zl- _ll --e -re dell ite:a for ta' e -out. V va Lrr .n_ - :ill •ca e foo: s Lo :e J1"1- In i'r'e -e or re -' a nn for!E* buil e i Y'-t� e}-aiiX012. reJIT p --oh F. tocrer S- om7ler •''i^ i r 5�7 ville V• sole le ov., r :le le± o� uluing I h =-,-.•y= certi y t .she ^re is e. 1 �., �� l.. Cali ? .J O:�_'A Se-' Yl G r • - -or homel_-aze _ar his ever S 2--OS-. i•<il._ al,Ztibutor__i p'c be tl'deen the a c O1 .90 V. T-- -vi?throughTQ. T P April �. 1985 Page 3 ` Schmitt/Rockne moved to direct staff to alter the code to clarify the issue of bulk as recommended by the City Attorney; that it refer to the exterior dimensions. Motion carried unanimously. PUBLIC HEARING - STOCKER APPEAL FROM PLANNER'S DECISION iLane/Rockne moved to open the public hearing regarding the appeal by Joseph Stocker of the decision that the appellant may not operate a deli and cater- ing business at 537 Sommerville in the R-2 District. Motion carried unanimously. Mr. Joseph Stocker, 537 Sommerville, stated his partner and he would like to re -open the building at that location which was formerly a grocery store, and start a deli and catering business. He said the issue seems to be the intensification of the use. He said it was a distributorship of milk and Chippewa water and a grocery store that contained meat, so he doesn't think this would be an intensification of that use. Comm. Schmitt commented that the two distributorships were illegal business in that zoning district, and therefore cannot be used as a basis for the level of business use. The only grandfathered use was the grocery store. He pointed out that a home occupation only allows two people to be involved. The City Planner said that catering as a home occupation requires a commer- cial kitchen, which gets into a lot of investment and health board require- ments and additions to the residence. Chrm. Cza;a asked for other comments from the audience, and there were none. Rockne/Lane moved to close the public hearing. Motion carried unanimously. Schmitt/Lane moved to affirm the administrative decision of the City Planner that applicant may continue the use of a retail grocery store, but any fur- ther intensification of use would require an application for variance or home occupation permit. Motion carried unanimously. Chrm. Czaja informed the appellant of his right to appeal to City Council within 7 days. Comm. Schmitt suggested the consideration of a deli -catering business under home occupation application. John Kenfield, prospective partner, stated they were under the understanding that they could operate a grocery store and deli and catering business, as per the City Planner's recommendation of the preparation of food trays to be delivered off site. Comm. Schmitt responded there is no application for home occupation for the catering business, but the deli could,be considered with the grocery store. Schmitt/Rockne moved to adjourn to 8:55 p.m. Motion carried unanimously. Meeting adjourned at 8:33 p.m. Schmitt/Lane moved to re -open the Board of Adjustments and Appeals at 9:05 p.m. Motion carried unanimously. WHEREAS, an appeal to CITY OF SHAK ppr7 • "1 =81MV041 01110mmiffil. having first filed the Board of Adjustment and Appeals dated for an appeal from the strict application of the provisions, of the Shakopee Zoning Ordinance, Section to wit: WHEREAS, the property upon which the appeal is being .made is described as: and and this WHEREAS, said appeal is for property presently zoned as: WHEREAS, said appeal was by the Board of Adjustment Appeals at their meeting of and decision has been appealed to the City Council; and WHEREAS, the Shakopee City Council on held a public hearing on the appeal from the decision of the Board of Adjustment and Appeals. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that upon hearing the advice and recommendations fo the Board of Adjustments and Appeals and the Shakopee City Council that the aforementioned appeal be and hereby: , as follows: BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code 11.O4 -Subd. 4-F. All decisions of the City Council are final. Adopted in session of the Shakopee City Council of the City of Shakopee, Minnesotaheld this day of , 19 , Mayor City of Shakopee MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Appeal of Conditional Use Permit Resolution No. 401 by Janet and Kevin Winter DATE: April 23, 1985 Introduction• Janet and Kevin Winter have appealed the Planning Commission Resolution which denies them a conditional use permit to convert the loft of an existing barn to living space at 1830 Marschall Road. A public hearing to be conducted by the City Council is scheduled for May 7, 1985. Background. The Winters have applied for the conditional use permit based upon Sec. 11.24, Subd. 3K of the City Code which allows as a,conaitional use, a second home, in addition to the permitted farmstead residence. (See attached case report). The Planning Commission denied the permit on the basis that the code does not permit more than one non-farm (single family) dwelling per 40 acres. The basis of the appeal is whether the existing residence is a farmstead residence or a single family residence. Although there is no definition in the code for "farmstead residence" the staff interpretation, which resulted in the permit application, was that the subject property was more closely related tc being a historical farmstead residence, than a single family residence at 22 acres, created through subdivision. Action Reauested: Motion to either approve or deny Conditional Use Permit Resolution of the City Council No. CC -401 and move for its adoption. tw MEMO TO: Shakopee Planning Commission FROM: Judi Simac, City Planner DATE: March 28, 1985 APPLICANT: Janet and Kevin Winter LOCATION: 1830 Marschall Road (PID 127-918-011-02) ZONING: Agriculture LAND USE: Existing Farm House and Barn APPLICABLE REGULATIONS: Section 11.24, Subd. 3, K FINDINGS REQUIRED: Section 11.04, Subd. 6 Proposal: The applicant is requesting a Conditional Use Permit to convert the loft of an existing barn to living space. Surrounding Land Uses: Agricultural and residential Public Utilities: Public sewer, water, and storm sewer not available. Considerations: 1. In the Agricultural Preservation District a second home, in addition to the permitted farmstead residence, is a conditional use. 2. The existing barn meets all of the applicable setback requirements. 3. The existing septic system and well serves the farmhouse. The proposed loft conversion will require a separate septic system approved by the Building Official. Other building code requirements, including but not limited to, fire wall construction, separate exits, egress windows will have to be met. 4. The Fire Chief has reviewed the application and recommends approval. 5. The total number of parking spaces needed for both the farmhouse and second home is four, which is adequately provided. 6. Presently the tenant of the farmhouse, Christopher Barlow, holds a conditional use permit for a home occupation which is conducted on the first floor of the barn. Recommendation: Staff recommends approval of the Conditional Use Permit for the reasons that: 1. The Conditional Use will not be of other property in the area. 2. The use is consistent with the code and zoning district. 3. The use is not in conflict with of the City. injurious to the use purpose of the zoning the Comprehensive Plan A recommended condition of approval is that all applicable building codes are met. Winter - C.U.P. March 28, 1985 Page -2- Action Requested: Offer Conditional Use Permit Resolution No. 401 and move for its adoption subject to the condition that the applicant shall comply with all applicable building codes. JS:cah 7v TRAILS CO RD 42 CITY OF SHAKOPEE CONDITIONAL USE PERMIT RESOLUTION OF THE CITY COUNCIL NO. CC - 7c WHEREAS, having duly filed an application for a Conditional Use Permit dated under the provisions of the Shakopee Zoning Ordinance, Section as follows: in a zoned area; and WHEREAS, the property upon which the request is being made is described as: ; and WHEREAS, said proposed Conditional Use Permit request was by the Shakopee Planning Commission of the City of Shakopee, Minnesota at their meeting held and said Conditional Use Permit decision is herewith being appealed to the City Council; and WHEREAS, the Shakopee City Council on held a public hearing on the appeal from the decision of the Planning Commissior NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that upon hearing the advice and recommendations of the Shakopee Planning Commission and upon considering the suggestions made by the applicant and the suggestions and objections raised by the affected property owners, within a radius of 350 feet thereof, in public hearings duly held by the Shakopee Planning Commission and the Shakopee City Council, that the aforementioned ConditionalUse Permit be and is hereby pursuant to the following: BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Sec. 11.04, Subd. 6C-12, if an approved Conditional Use Permit is not utilized within one year from date herein approved or by , 19 it shall become null and void. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 0 19 - 7d MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk Q C� V RE: Application for $2,000,000.00 IR Bonds from Bemidji Super 8 Partnership DATE: May 6, 1985 Introduction The public hearing in order to afford which had not yet Background held on April 2nd was staff an opportunity been submitted by the continued until May 7th to review information applicant. The application cannot be considered by the City Council until the Council finds that the project is in accordance with existing comprehensive planning, zoning, platting and building regulations. Planning Commission will be considering a conditional use permit for this project as well as a final Dlat for the project area on May 9th. Because the drainage report, revised site plan and landscape plan have not yet been provided, Planning Commission will be considering both the conditional use permit and final plat with conditions. Council could approve the IR bond applica- tion leaving the conditions of plat approval and conditional use permit approval to the building permit process. On the other hand, since the IR bond entitlement for Shakopee is limited, Council may wish to reserve giving preliminary approval until all the conditions of the plat and conditional use permit have been met in order to allow construction to commence. Alternatives I. Continue public hearing, close hearing, direct staff to prepare resolution giving preliminary approval for Council considera- tion when all conditions of the plat and conditional use permit are complied with. 2. Continue public hearing, close hearing, direct staff to prepare resolution giving preliminary approval for Council consideration at the next Council meeting. If the conditional use permit and plat conditions are not complied with in a timely manner, the allocation approved could go unused. Recommendation Alternative No. 1 Recommended Action Advise the applicant, Bemidji Super 8 Partnership, that Council approves their concept of using $2,000,000 IR Bonds for a Super 8 Motel and direct staff to bring the resolution giving preliminary approval to Council for approval upon compliance of any conditions place upon the conditional use permit and final plat approval of the site, by the Plannina Comm-ss_i_nn, MEMO TO: Mayor, Councilmembers FROM: Thomas Brownell, Chief of Police RE: Richards Pub Hearing DATE: May 6, 1985 Introduction: On April 2, 1985, Council scheduled a hearing to be held on May 7, 1985, to consider violations of Minnesota Statutes, Fire Code and Shakopee City Code, which could effect the Liquor License of the establishment known as Richards Pub, 911 East First Avenue, Shakopee, MN. Background: Police Department records which are maintained in conformance to standards established by the State of Minnesota, reflect the following activity has been reported to have occurred at or in the near vicinity of Richards Pub since April 30, 1982, as requested by the City Attorney: Date Type of Complaint 04-30-82 Loud Music 05-05-82 Loud Music 05-07-82 Loud Music 05-28-82 Loud Music 06-09-82 Noise Complaint 06-15-82 Loud Music 06-16-82 Loud Music 06-19-82 Loud Music 07-07-82 Loud Music 08-12-82 Over crowding 08-28-82 Loud Music 08-31-82 Loud Music - 09 -03-82 Loud Music 10-05-82 Disturbance at Entrance 10-19-82 Fight 10-26-82 Loud Music 11-13-82 Criminal Damage to Prop. 11-24-82 Intoxicated Person 01-08-83 Persons threatened 01-05-84 Person assaulted with knife 02-23-84 Fight in progress 03-09-84 Patrons throwing bottles in neighbors yard 07-27-84 Fight 08-22-84 Fight 08-26-84 Fight 10-14-84 Vandalism to vehicle 11-07-84 Theft/Damage to Property 11-09-84 Disorderly persons Dept. Action Richard advised of Complaint Citation issued (conviction) Citation issued (conviction) Citation issued (conviction) Richards advised of Complaint Citation issued (conviction) Citation issued (conviction) Richards advised of Complaint Richards advised of Complaint Ref. to Bldg. Inspector Richards advised of Complaint Richards advised of Complaint Richards advised of Complaint Persons removed from property 3 adults removed Richards advised of Complaint 1 person arrested. 1 person removed Dispersed group 1 person arrested Persons advised Richards advised 2 arrested Person advised 1 person arrested 1 person arrested Report taken 2 arrested Richards Pub Hearing May 6, 1985 Page -2- 11-10-84 Fight 11-21-84 Overcrowding 01-05-85 Theft from vehicle 01-29-85 Theft 02-08-85 Theft 02-14-85 Illegally parked vehicles 02-15-85 Theft of purse 02-22-85 Large group fighting 02-25-85 Vandalism to auto 03-07-85 Parking problem 03-22-85 Fight -threatening officer 03-29-85 Vandalism to neighboring property 03-29-85 Vandalism to police vehicle 03-29-85 Trespassing neighbors yard 03-30-85 Urinating on building 03-31-85 Fight Red Owl lot 04-04-85 Parking complaint 04-04-85 Trespassing/parking problem 04-05-85 Parking problem 04-05-85 Disorderly conduct Red Owl lot 04-14-85 Fight rear of Richards 04-20-85 Trespassing Alternatives: 1. Revocation of Liquor License 2. Suspension of Liquor License 3. Issue a warning Recommendation: 8 persons dispersed Charged/Convicted $100 fine Report taken Report taken Report taken Tagged Report taken Dispersed Report taken Vehicles tagged 1 arrested Report taken 2 persons charged 1 person charged Advised 2 vehicles tagged 2 persons advised 1 tagged 1 charged 4 to hospital 1 arrested Reference attached warning letters by City. I recommend alternative number two, suspension of liquor license. Council has authority to suspend the license for a period not to exceed sixty days, and may decide on an appropriate period of time. TB:cah Attachments CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. • Shakopee, Minnesota 55379-1376 (612) 445-3650 August 10, 1983 Mr. Dick Hanover Richard's Pub 911 East First Avcrnuc Shakopee, MN 55379 Re: Results of August 9, 1983 Meeting with the Mayor Dear Mr. Hanover: The Mayor and I would like to thank you for meeting with us at 5:00 p.m. on August 9, 1983 to review the six items set forth in my letter of July 28, 1983. Repeated below are the initial six ques- tions and the response or action we mutually agreed was appropriate for addressing the question. 1. Over crowding of facility and of parking lot. In response to this question your statement that you have clicker counters at the door to monitor the over- crowding of the facility was acknowledged as acceptable by the Mayor and myself. The overflow from your parking lot to the Red Owl parking lot was discussed and your explanation of your arrangement to clean the lots by power sweeping them 8 to 10 times per year and frequently picking them up was satisfactory. 2. Lack of control of cliental in parking lot during and after closing hours. These individuals apparently stay in the parking lots until 2:00 or 3:00 a.m. and throw bottles on adjacent property as well as defecate on adjacent property. You indicated that until very recently you were unaware of this problem but that since August 4th you have put up signs restricting the use of the parking lot after closing and you have begun surveying the lot every 45 minutes to one hour in an effort to control your cliental while in the parking lots. At the August 9th meeting, we also discussed the possibility of making periodic announcements during band breaks and at last call about leaving the parking lot after closing and eliminating the abuse to neighboring property. You also indicating that after discussing the matter with the Chief of Police you have started the practice of leaving your parking lot lights on until 2:15 a.m., but that this policy will be reviewed because it may have a negative affect on use of the parking lot after hours. Finally, you agreed 7 !! ! t I ( 1' Y o t7 r e s_ V a I/ C !! Mr. Dick Hanover Page Two August 10, 1983 that City police would have permission to patrol the lot after closing to clear it of cliental who may return from restaurants around 2:00 to 3:00 a.m. 3. Confining of liquor consumption to the property defined in your license. You explained to the Mayor and myself that your bouncers do not permit people to either en,_er the building or leave the building with a drink in their hand. The control procedures seem adequate and the balance of our conversation was about the problem of patrons bringing their own liquor and consuming it in the parking lot. We agreed that Che actions taken under question No. 2 above should have some affect on this problem. 4. Use of parking lot iighi.in" ane? bouncers to control cliental and parking lot. The extension of the parking lot lighting until 2:15 a.m. was discussed above and the control of the parking lot cliental was also discussed above. 5. Increased fcncind to protect abuttinu property owners. You indicated that you were willing toinvestigate the cost of an extension of the 4 -foot chain link fence from the rear of your building north to the wooden fence. You noted -hat you were making some other remodelin g changes and wish to have up to 60 days to finalize any decision about the fencing. The Mayor and I agreed that I would check with you in 30 days to find out the progress being made on this item. 6. Use of the Zed Owl parking lot by cliental. This item was covered under No. 1 above and you reiterated that vo�u have a good working relationship with Red Owl regarding use of the parking lot. In wrapping -up our discussion you indicated that you had recently insulated the walls and ceiling of the steel building that was an addition to the original structure. You also indi- cated `hat this apparently was having the desired result because you had received no calls regarding noise lately. I sincerely hope you are correct because it will be a great improvement for the residents living on Bluff Street. If you have any questions regarding my summary of the results of Tuesday's meeting please contact me. Sincerely, , John•K.,Apderson JtiA/jms City Administrator _ cc: Eldon Reinke,': m RrQwn 1 1, Julius Coller, LeRoy Houser Em TO: MAYOR, COUNCIL MEMBERS FROM: TOM BROWNELL, CHIEF OF POLICE SUBJECT: RICHARD'S PUB MOTION DATE: SEPTEMBER 10, 1984 INTRODUCTION Council action of August 28, 1984, motion directing police department to thoroughly investigate Richard's Pub for the following compliance: 1. Noise ordinance violations. 2. Closing on time and getting people out of parking lots. 3. over crowding BACKGROUND The department has been monitoring the various complaints and has responded to citizen complaints when they were received. Appropriate action was taken when we could do so within legal authority. The department is confronted with two basic problems regarding compliance: 1. We apparently are not receiving complaints directly from the citizens, therefore we are not aware of a problem and cannot take action when the violation occurs. 2. We have issued citations and there has been no penalities imposed by the court. Response to specific concerns: 1. Noise violations: We have monitored noise complaints with metering device and found no violations of code. A citizen may sign a complaint with the City Attorney if they choose to identify themselves, using City Code 10.60, Subd. 2, G. 2. Closing on time and leaving parking lots: We have not observed after hours violations. We do not have the authority to require persons to leave parking lots unless they are committing a violation of the law by their conduct. 3. Exceeding posted capacity: We have monitored the building using the recommended criterion of all seats occupied and free movement in isles. There was a problem on Thursday nights during baseball season when local teams frequented establishment. RECOMMENDATION Council should consider suspending establishment's license for any future violations. TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJE'CT: Richard's Pub citations DATE. October 11, 1984 INTRODUCTION Council on October 2, 1984, directed City Attorney Coller to submit a report on the five citations issued to Richard's Pub. BACKGROUND On the following dates the police department issued citations for violations of the noise ordinance (Creating a Public Nuisance):. May 7, 1982 May 5, 1982 May 28, 1982 June 15, 1982 June 16, 1982 After r number of continuances at the request of the defendant's attorney, the cases were heard on December 12, 1982. The presiding Judge dismissed the charges providing no further violations occur until June 1, 1983, a six month period of time. On August 9, 1983, the mayor and city administrator met with Mr. Hanover regarding several concerns set forth by the City including the noise problem. The above example is the basis for my recommendation of September 10, 1984, stating council should consider suspending the establishments license for any further violations. r/ CITY OF SHAKOPEE.' INCORPORATED 1870 129 E. First Ave. • Shakopee, Minnesota 55379.1376 (612) 445.3650 October 1.7, 1984 Richard Hanover Richard's In Shakopee 911 East 1st Avenue Shakopee, Minnesota 55379 Re: Richard's Pub Citations Dear Mr. Hanover: 7 y Recently the City Council. learned that the presiding Judge dismissed all the charges against you as cited in five citations between May 7, 1982 and June 16, 1.982 providing no further violations occurred until June 1. 1983. The Judge's six month period has ended and Council members have received further complaints in the past few months. For this reason Council, at its regular October 16, 1984 meeting, unanimously passed a motion stating that Council would consider suspending the license for your establishment if there are any further violations of City ordinances for a twelve month period beginning October 16, 1984. The purpose of this registered letter is to put you on notice that Council will take action to suspend your license should there be a violation of City code in the next twelve months. Since Cly, Jc)hn K. Ai Berson City Administrator JKA/dbs Enclosure cc: Tom Brownell, Chief of Police Julius Col -ler, City Attorney An Eoual Onnorturnv Emnlnvnr CITY OF SHAKO PEE emr-cospGRATED 187C 129 S. First Ave. - Sharcopee, Minnesota 55379.1376 (612) 445.3650 March 18, 1985 Mr. Richard Hanover c/o Richard's in Shakopee 911 East First Avenue Shakopee, Mr 55379 Dear Mr. Hanover: This is to inform you effective April 7, 1985, your facility will be reposted for occupant load based on Table 33A of the State Building Code (UBC). You will be permitted 102 occupants in the east bar room, 119 occupants in the west bar room and 54 occupants in the pool room. Total occupant load of 275 persons is permitted. irrespective of any circumstances or error in the previous posting, these are the limits required by state law and will be effectively enforced after April 7, ibR5. if you have any cuestions, please call me. 1 � Sincerely, eRo�House. Building Official LH:cah '7z' "I, CITY OF INCORPORATED 1870 SHAKOPEE '29 EAST FIRST AVENUE. SHAKOPEE, MINNESOTA 55379.1376 1612 445 3650 Apr -41 8, 1985 Mr. Richard Hanover Richard's Pub 911 mast is- Avenue Shakopee, %I 55379 Re: Viclazicrs of November 21, 1984 and February 1-4, 1985 Dear Nr. . Hanover: A formal complaint has been filed by Shakopee police officers alleging that Richard's Pub did exceed the posted capacity on November 21, 1984. A formal comp -Laine has been requested to be = led allea`ng that Richard's Pub did exceed the posted capacity or, February 14 1985 as well as secured with bolts the fire door _on the upper and -Lower-sections. _ The ShakopeeCity Code rovi des that the Cooc' ,' -m-:,,..::; , _ p_n,.' may, In -_ts sole discretion. and for any reasonable cause, revoke, or suspend nor a period not to exceed_s.-.;;.x-_y (60) days, any liquor or beer license. 1t goes on to state that grounds for revocat_on or suspension also include activities of the -I'-----see creating a serous danger to publi^ _ _ heal -h, saety, or we==are. On tier-- -, 1985 the C_tc Council �'e� a =oma scheduled _mna_ hearing to cons the 'ati - ner h viol n - rdA o s c= Ricna_u s Pub c= November 21, 1984 and February 4, 1985, for May 7, 1983 at 9:00 p.m. The hearing w__l take pace in the Council Chambers a- Cizy- Ha_1. The purpose of the hear_ng is to determine why the on sal' and Sunday licruor licenses of R. Hanover, _no., 911 rast ist Avenue should not be revoked or suspended. c;ncere'y ,7udith S. Cox C_t1 Clerk JSC/jms CC: John K. Anderson C_ -y Adm_r-i t -� � sera or Julius A. Col_er, City At-ornev Tom Brownel Police Chief The Hearn of Progress I'al!e1 Affidavit of Service -tate of Minnesota ss :runty of Scott t� :.-.at he served the w tn% n letter e being duly sworn, on oath says; dated -4/c �— upon �— p__� hanc_ng to and ieavinc with a true cop_ Cher eod . otarial stamp or seal: PATRICIA A. MOFiRBACNER NOTARY PUBM-MINNESCMA SC=COUNTY OOUNlTY MY COMM. EXP. UK. M 1"WID Subscribed and sworn to before me -his /off 'y day c= Signature of notary pub_lc MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: CUP #367 - issued to Mr. and Mrs. Gordon Hall DATE: April 23, 1985 Backaround: Please find attached the memo prepared for the April 16th Council discussion of the Hall Conditional Use Permit. At that meeting the Council approved a motion to delay discussion to May 7th in order for the Hall's to be in attendence. Action Reauested Place this item on the May 7th Council agenda with memo dated April ll, 1985. (Attached for reference) Attachment tw MEMO TO: Jchn K. Anderson, City Acministratcr ROM: Judi Simac, City Planner RE: Conditional Use Permit ho. 367 - Issued to Mr. and Mrs. Gordon Hall DATE: April 11,_1985 8 ntroduc`ior At their March 14, 1985 meeting the Planning Commission approved a motion to recommend to the City Council that C.U.P. #367 be revoked due to non conformance with the conditions relative to the on site storage of materials and noise levels. The permit was issued on May 25, 1-984 to Mr. and Mrs. Goron flail of 9026 Boiling Springs Lane East to conduct a mobile home service from their home. Conditions of approval are as follows: 1. All vehicular parking sr,all be orf street and vehicular parking for employees shall be limited to one nor. -family vehicle at any one time. 2. No repair work of moiie homes on site. 3. No storage or parking of mobile homes within the subdivision. 4. No en -site storage of business materials, including cement blocks, unless contained within a permitted accessoary structure. If the applicant wishes to construct an accessory building the size shall not exceed the ground square footage of the residence. (At the hearing the applicant expressed an intent to construct an accessory building and the Planning Commission assumed a building permit would be applied for within the next few weeks). 5. Signage shall be restricted to one nameplate sign not exceeding. two square feet, indicating name and address. 6. Adequatemeasures will be taken to control both day and night noise levels. 7. Annual review of ,,e Conditional Use Permit. Backaro n Following the issuance of the permit, staff began -receiving complaints from residents in the subdivision. The comr•1air.ts included, storage of materials, noise and that the accessory building was not being constructed. On June 7th staff informed the Planning Commission that the conditions were not being met. The Commission responded'by directing staff to inspect for conformity to conditions after 90 -days. IC__ Throughout the surnmer complaints were received and accusations were race that nothing was being cone about the situation.. On t:over:ber E ;,h the issue w.as before the Planning Cor.;n,ission with a staff recommendation, to revoke the permit. The Planning Commission decided to allow for observaticn by members for 60 days. To date, the accessory building has not been constructed and upon inspection, some materials are on the property. It is -very difficult for staff to monitor the noise levels of the operation and the number of cars parked etc. We rely on the "complaint system" by residents for code enforcement. In this case, a number of resident complaints are being received. Staff hecommentat.ion: Staff recommends revocation of Conditional Use Permit No. 367 for th,e following reasons: 1. The conditional use is injurous to the use and enjoyment of other property in the immediate vicinity for purposes already permitted (single family - rural residential). 2. Adequate measures are not being taken to control noise and other nuisances so that neighboring properties are not being disturbed. Act -en Reouestet Motion to revoke Conditional Use Perr,.it No. 367. tw t RLS uD6TEer7c - - I - I CZ �I ri ji. WEIGHTS, ; i RIVE`ST�TES < li 2KD ADN i r•� MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern RE: Dial -A -Ride Contract Amendment DATE: April 19, 1985 ntrodu `i n+^ - The City would like to have the capability 02, selling dial- s -ride punch cards and/or monthly passes. In order for this to occur, an amendment to the Dial -A -Ride contract is necessary. WNW Passengers who currently ride the dial -a -ride are required to carry the exact change for their fare. This policy has led to numerous requests for a punch card from those riders using the dial -a -ride. on a regular basis. On May 167 1984 the Energy and Transportation Committee approved the dial -a -ride punch card proposal which established a punch card for each ridership category. (See Attachment fl) The cost for each card is based on the number of rides offered and the lowest fare for that ridership category. Following Committee action staff discovered that the current dial -a -ride contract specifies 'that Van Pool Services Inc. (VPSI) is responsible for receiving, collecting, and depositing all revenues from the transit operations. (See Attachment Number Two) Therefore, before the City can pursue selling punch cards or monthly passes, an amendment to the contract is necessary. Amendment Number One to.the dial -a -ride contract, as drafted by staff appears in attachment number three. The proposed amendment specifies a procedure for fare collections in regard to punch card and monthly pass sales. On April 18, 1985 the Energy and Transportation Committee moved to recommend City Council approval of the proposed amendment as drafted. Approval of Amendment Number One by' City and VPSI will give the City as .well as VPSI the authority to collect,_ receipt, and deposit revenues from the sale- of dial -a -ride punch cards and monthly passes. Both VPSI and our MnDOT project manager have stated that they are in favor of the proposed amendment. ALternativ 1.. Approve Amendment Number One to the di -1 -a -ride contract as recommended by the Energy and Transportation Committee. 2. Do not approve Amendment Number One to the dial -a -ride contract. Staff Re^ mmendz`icn: Staff recommends alternative Action ReQuer ec: Move to approve Amendment Number One to the dial-a-ride contract (which gives both the City of Shakopee and VPSI the authority to collect, receipt, and deposit revenues from the sale of dial-a-ride punch cards and monthly passes) as drafted. Attachment tw Attachment N--, ,ber One (Y r � o ,-{ DIAL - A - RIDS E -c N v�< C' cw10 ONE-WAY RIDES �Xjw7 C - ' L Q G v 1U L T= L v; m U u C) < O U) - Ctc, v� -C - U --- < < = 6 c; o SHAKOPEE AREA TRANSIT C — GK ' s c -G 1 2 3 4 5 6 7 8 9 10 ��� a'LL ccU - - Price: Sl 445-9D40 E� °- t--► m DIAL - A - RIDS Cn �_ G�� C) z N 10 ONE-WAY RIDES C s�z-=_ ,� wo 0 _ 5 - .2 �>_° a "� z E to c OLrW_ m 2 =N ~ Cl) t= v CI) M C.J C < v v � SHAKOPEE AREA TRANSIT - V-rtr, :_ c v, d � a -s 1 2 3 4 5 6 7 8 9 10 =L C. Price: 57.50 445-9040 T o �__o� DIAL - A - RIDS «V, � � 10 ONE-WAY RIDES _� Ch Z �-; CD o - AUL Q.�N Cr � - - ✓.1 c U d . SHAKOPEE AREA TRANSIT . c �-- L 1 2- 3 4 5 6 7 8 9 10 3 Price: $5.00 445-9040 (D) N�6.^,��1� �,"C•'v:,_Cnc� :lin.`'.-.. (c) i-ehicieor mar1,e _n c sere_Jces no later than dais rricr to the _-tlementat_on date w::_ch is October 15, i96L b. The Contractor will not share in the cost for the marketing materials or preparations; however, the Contractor will supply the vehicles to carry out the plan. 6. Revenues The Contractor on behalf of City shall receive, co=lect and deposit all the afore5a�d revenues from the transit operations as specified in attachment number one. The Contractor shall keep and maintain the books and records reflecting the operation of the Dial-1-P,ide transit system as requ_red by the Department of Tran spertaticn and/cr City of Shakopee. r_11 revenues derived from the cperaticn c the Dial -%-F i d e transit syster:, whether from passengers or from other sources, shall be thoroughly and accurately accounted for by vehicle showing the date, type and land of service from- which said revenue is derived. J.:1 accounting Shal.1 be in- accordance ti;ith generally accepted accounting Dr_nc_rles. 7. Cc! L dersti on The contractor shall submit requests for reimbursement of eli ib1e actual costs not 6 o exceed 41F5,284 -."or the - z - h :acr ne:. N=zer = r e e D , Shakopee Dial -h -Ride Contract Amendment Number One Amend the Dial -A -Ride contract by repealing section 6 entitled "revenues" in its entirety and adopting a new section 6 as stated below. 6. Revenues (1) Fare Sox Revenues - The Contractor on behalf of City shall receive, collect and deposit all fare box revenues from the transit operations as specified in attachment number one. The Contractor shall keep and maintain the books and records reflecting the operation of the Dial -A -Ride transit system as required by the Department of Transportation and/or City of Shakopee. All revenues derived from the operation of the Dial -A -Ride transit system, whether from passengers or from other sources, shall be thoroughly and accurately accounted for by vehicle showing the date, type and kind of service from which said revenueisderived. All accounting shall be in accordance with generally accepted accounting principles. (2). Punch Car S and Monthly Passes Both the Contractor and the City shall have the responsibility of collecting revenues from the sale of dial -a -ride- punch cards and/or monthly passes. in regard to dial -a -ride punch cards and passes sold by the Contractor., the Contractor shall be responsible for the following: A. The Contractor shall keep and maintain books and records reflecting the number of punch cards and passes sold. B. The Contractor shall follow the procedure established in attachment number 1 of the contract for depositing .and accounting of revenues received from the sale of dial -a -ride punch cards or monthly passes. C. The Contractor .shall .keep. account of the number of riders using a punch card or monthly pass as the fare mechanism for their trip. In regard to dual -ride punch cars and pase.s sold by the City, the City shall be responsible for the following: A.. The City shall keep and maintain books and r.ecords reflecting the number of punch cards sold. B. The City shall receipt all revenues from the sale of dial -a -ride punch cards and monthly passes and deposit these revenues in the appropriate city fund. IN THE PRESENCE OF: CITY OF SHAKOPEE By . Its Mayor BY: Its City Administrator BY: Its City Clerk VAN POOL SERVICES INC. BY .Its President DATE OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA APRIL 16,1985 Mayor Reinke called the meeting to order at 7:04 p.m. with Cncl. Vierling, Wampach, Lebens, Colligan and Leroux present. Also present were John K. Anderson, City Admr.; Judith S. Cox, City Clerk; Jeanne Andre, Community Develop. Director and Julius A. Coller, II, City Attorney. Lebens/Vierling moved to recess for an HRA meeting. Motion carried unanimously. Colligan/Vierling moved to re -convene at 7:21 p.m. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Reinke asked if there were any comments from the audience about any items not on the agenda, and there were none. Lebens/Wampach moved to approve the minutes of April 2, 1985 as kept. Motion carried unanimously. Leroux/Wampach moved to direct to staff the request by Gary S. Kallenbach for street lights on Boiling Springs Lane and request a report back at a later date. Motion carried unanimously. The Comm. Develop. Dir. asked for direction from Council regarding whether or not the City should submit an application for LAWCON/LCMR park grant, and for what project. She said the reasonable possibilities would be to upgrade Memorial Park or develop a football field in Tahpah Park. She would recommend submitting an application at this time, even if the City could not submit a grant application in 1987, if this grant is successful. Mr. George Muenchow, Community Services Director, spoke in support of develop- ing a football field at Tahpah Park, which is also to be used as a soccer field. He said there is a great need for a field under lights for the youth football program. Leroux/Wampach moved to direct staff & appropriate City officials to prepare and submit a grant application to fund the development of a football/soccer field at Tahpah Park for an amount of $52,500 with a local match to be provided from park reserve funds, to the FY 1986 LAWCON/LCMR Grant Program. Motion carried unanimously. Mr. Muenchow recommended retaining the same fees, hours and wages as last year for the Municipal Swimming Pool, expecting the proceeds from the water slide to generate a surplus rather than a deficit. Leroux/Colligan moved to approve the 1985 recommended fees, hours and wages for the Municipal Swimming Pool to be the same as 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council April 16, 1985 Page 2 Colligan/Vierling moved to add the development of a football/soccer field at lahpah Park to the Six Year Capital Improvement Program -Parks. Motion carried unanimously. Discussion followed regarding the gift of a portable fishing dock for O'Dowd Lake by the Jaycees, as far as this contrasts to a previous decision not to improve this park. -Mr. Muenchow remarked that with the addition of the aerators, fishing has been much better. This dock would be for fishing off, not for boat launching. Colligan/Leroux moved to accept the gift of a portable dock from the Jaycees, and direct staff to write an appropriate letter of thanks to the Jaycees. Motion carried unanimously. Lebens/Wampach moved to approve the change to the agreement as proposed and authorize the appropriate City officials to execute an agreement between the City of Shakopee and the DNR Division of Fish and Wildlife to permit hunting within the City limits of Shakopee north of the Minnesota River. Motion carried unanimously. Wampach/Lebens moved to nominate Tim Keane to the Downtown Committee. Motion carried unanimously. Leroux/Lebens moved to suspend the rules for appointments to committees. Motion carried unanimously. Leroux/Vierling moved to appoint Tim Keane to the Ad Hoc Downtown Committee. Motion carried unanimously. Mr. Bill Jongquist of Fairest Maid Foods, stated his belief that the petition by Chicago and Northwestern Transportation Co. to close Track No. 11 which serves his property would be a devaluation of his property. He thinks that between the City and the railroad, the removal of the track would constitute confiscation without compensation. He stated he does not use the track for his business, but it is a definite asset if the property could be sold to a distribution business, so the removal of the track would devalue the property. He also questioned the railroad's removal of a defective frog and subsequent delay in filing the petition for removal of the track. He realizes the City wants to open up Market Street and it would cost $34,000 for a rubber inter- section with the track, and he requests compensation for his loss if the track is removed. The City Engineer said he was informed about a year ago by the railroad and Mn/DOT as they begin abandonment proceedings when a switch or a siding is not used in a certain period of time. Mr. Jongquist said the railroad itself sometimes used the siding. He hopes to sell or rent the business to a retail distributor, which would be a permitted use, wherein a rail spur would be a definite asset. He knows it costs about $50,000 to put in a spur. If he was compensated for the loss of the track, he wouldn't contest the opening of Market Street. Discussion followed. The City Attorney stated it is his opinion that the City is not involved at all. The City's only interest is to get the railroad to move the switch far- ther west so there is only one set of tracks on Market Street. Shakopee City Council April 16, 1985 Page 3 Colligan/Leroux moved to direct staff to write to the Transportation Regu- lation Board indicating that the City of Shakopee wishes that the rail siding intersection with the main line be moved to the west of Market Street. Motion carried unanimously. Leroux/Lebens moved to open the public hearing regarding the proposed improve- ment of roadway serving the Eaglewood Additions. Motion carried unanimously. The City Engineer stated the City received a petition for improvement signed by more than 35% of the property owners in the Eaglewood Additions, and there- fore the City Council ordered the preparation of a Feasibility Report to be conducted by Braun Engineering, which recommended the project as feasible for construction. The City Engineer further explained the estimated cost, assess- ment and credit according to City policy. He explained the problem of fund- ing the City's portion of the work, in light of the fact that there is no tax increment project proposed in the near future with which it can be com- bined to meet the minimum of 20% assessment required by MSA 429. Jerry Ramsey, Eaglewood, asked if the road would last this time. The Citv En- gineer assured him that the City will be doing the road right, with the necessary materials, taking into consideration the soils in the area now. Lou VanHout, Eaglewood, asked if this road policy has been applied before in reconstruction. The City Engineer replied that Shakopee has not yet used it, but it has been used successfully in Minneapolis. Mr. VanHout asked for fur- ther clarification of the credit to the homeowner for road failure before the expected life span. He said if the road fails in less than 16 years there is no further additional credit. He doesn't think the policy takes into account adequate amounts of recognition for life shortfall of a road. He can understand the combination with a tax increment project to get around the 20% assessment base, but he doesn't think the City should count on tax increment for a long period of time. He asked why this couldn't be combined with 4th Avenue. The City Engineer said bond counsel advised that would be illegal, and clarified some of the points regarding the credit for life shortfall. Mr. VanHout advised paying close attention to Braun Engineering's cautionary notes. He wondered if Braun Engineering is aware of the failure of Bridge Crossing. He doesn't think a third overlay will do much good for that road. He doesn't think soil borings were taken of that portion. The City Engineer responded that the City will hold Braun Engineering liable and accountable for the proper preparation of the subgrade and all items in the contract. He said the firm is qualified to do it and he has confidence in their reputation.` Jerry Hackett, Eaglewood, asked why this project could not be included with 4th Avenue. The City Engineer replied that 4th Avenue was already funded with the sale of bonds, which was completed before they anticipated combining the projects. Steve Johnson, Eaglewood, said he supports a new road and supports financing alternative No. 1 for funding it. He is concerned about having a firm time- table for the project for immediate relief because of the damage to vehicles, and he is running out of swamp to drive on. Shakopee City Council April 16, 1985 Page 4 Terry Forbord, Eaglewood, stated he is for the road improvement. He asked about the possibility of combining this project with other road improvements that are necessary in other rural subdivisions, such as Deerview Acres and Timber Trails. The City Engineer explained the only place a tax increment project can take place is north of the Shakopee by-pass within the tax incre- ment district. He said the only kind of project that can be combined is like projects within the same contract. The City Admr. stated there will be more maintenance for immediate relief. He added that this project can be packaged with a newly constructed road which is 100% assessable, but they are on their own timetable, and the City doesn't know when one will be coming in. Mr. Forbord stated he agrees with Mr. VanHout about Bridge Crossing and Bridge Spur and that an overlay will not solve the problems. The City Engineer ex- plained that Braun Engineering is under contract to cover all necessary re- construction in that area, and more work will be done when it gets closer to construction time. Mayor Reinke added that a membrane is contemplated and also the raising of the roadway. Terry Ege, Eaglewood, asked if the City was still contemplating using FabCon rejection materials for the base, as he didn't think concrete chunks would be satisfactory. The City Engineer replied that at this time they do not antici- pate using the FabCon material, but in any case that is a crushed material, not broken pieces. Considerable discussion continued regarding the advisability of taking more soil borings from Bridge Crossing and Bridge Spur and the reputation and re- liability of Braun Engineering and possibilities for increased costs. Mayor Reinke explained that after the project has gone out for bids there will be another public hearing, at which time actual assessment figures will be pro- vided. In addition, if the amount of the bid is 25% more than that estimated tonight, another public hearing has to be held to inform the property owners of that change in estimates. The City Admr. said Braun Engineering will be informed of the concern about Bridge Crossing and Bridge Spur. The City En- gineer said the main problem with the roads now exist because the City did not have any design standards at the time the roads were originally put in. Mayor Reinke asked if there were any more comments, and there was no reply. Colligan/Leroux moved to close the public hearing. Motion carried unanimously. Vierling/Leroux offered Resolution No. 2392, A Resolution Ordering an Improve- ment and the Preparation of Plans and Specifications for Improvement of Roadway Serving Lots of Record in Eaglewood 1st, 2nd and 3rd Additions and Certain Unplatted Property in Section 31 and Section 32, Township 115, Range 22, Scott County, Minnesota, Project No. 1985-2, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Reinke, Lebens, Colligan, Wampach, Leroux Noes; None. Absent: Vierling Motion carried. Shakopee City Council April 16, 1985 e, Page 5 The Admin. Intern explained the background of the application for a rate increase filed by Zylstra-United (ZU). Lebens/Vierling moved to open the public hearing. Motion carried unanimously. The Admin. Intern advised that the Cable Communications Committee has recom- mended ZU be allowed to increase its rates and to extend the current rate freeze through 1986. He said he has received no comments from subscribers about the rate increase. Discussion followed regarding why ZU instituted an increase in its rates prior to approval by the City. The Admin. Intern said there seems to be some disagreement between the City and ZU relative to interpretation of new Fed- eral regulations regarding the City's control of a cable franchise. Mr. John Suranyi, ZU General Manager, explained that because of a loan that was due in February, they had to make a showing of stronger financial base. He said they made an application to the City on January 16, 1985, which was refused for insufficient information. He explained that with the change of management and billing, it was difficult to find the additional information necessary. He added there have been corporate changes and the company has no credit, although United is supporting it. He feels they are doing all they can and making an honest effort to improve. They plan to follow up with a strong marketing campaign after summer. Discussion followed regarding the possibility of a fine to be imposed on ZU for each day they had their rate increase in effect without the City's per- mission. The Admin. Intern pointed out the difference in legal opinion re- garding the City's authority. He said the Cable Communications Committee didn't feel a fine would accomplish anything. Cncl. Wampach asked about upcoming concessions for which ZU would be asking. Mr. Suranyi responded they are working on a proposal for consolidating the studios in Chaska and Shakopee and capital equipment postponements. They do not anticipate asking for a reduction in the City's franchise fee. Mayor Reinke asked for comments from the audience, and there were none. Colligan/Lebens moved to close the public hearing. Motion carried unanimously. Vierling/Wampach moved to take the appropriate steps to authorize Zylstra- United to increase their cable rates as requested. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Vierling moved to open the public hearing regarding the request by Zvlstra-United to amend the Cable Franchise Ordinance to permit a rate increase prior to December 29, 1985. Motion carried unanimously. Mayor Reinke asked for comments from the audience, and there were none. Leroux/Vierling moved to close the public hearing. Motion carried unanimously. Shakopee City Council April 16, 1985 Page 6 Lebens/Leroux offered Ordinance No. 166, Fourth Series, An Ordinance of the City of Shakopee, Amending Shakopee City Code, Chapter 15, Entitled "Cable Communication Franchise Ordinance" by Repealing Certain Sections Thereof and by Enacting New Subsections Thereof and Providing New Rates and by Adopting by Reference Shakopee City Code Chpater 1, and moved its adoption. The City Admr. summarized the ordinance. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Planner advised that Planning Commission has recommended that the Conditional Use Permit be revoked from Mr. and Mrs. Gordon Hall because of non-compliance with the conditions. Mrs. Hall has contacted the City Planner and requested another date for this issue to be presented to City Council, as Mr. Hall could not be present tonight. The City Planner added that in the past when questioned about the conditions, the Halls have pleaded finan- cial difficulty and a decrease in their business activities. Vierling/Wampach moved to hold this item over to May 7, 1985. Motion carried with Cncl. Leroux opposed. The City Planner stated that Planning Commission recommended denial of a request by Bankers Life to rezone a 9.1 acre parcel at 8700 Hwy. 101 from B-1 to I-1, because the existing B-1 zoning offers numerous uses for the building, as evidenced by previous uses. Mr. Walter Rockenstein, attorney for Bankers Life, asked the City Council to review the decision of Planning Commission and grant the re -zoning. He said the building was acquired by Bankers Life because of a default on the mortgage. He said the building was limited by the sprinkler and septic system. It has been on the market for over a year, and the previous owner had it on the market for a year before that. In this time, there have been no buyers for a B-1 business. They have had three purchase agreements, all contingent on re -zoning to I-1. He disagrees that there have been successful B-1 uses of it in the past. Mr. Rockenstein informed Council that they have a tenant in hand; a lease signed by Green Giant for storage of cans, contingent upon re -zoning to I-1. At the time of the Planning Commission meeting, this was not completed so the Commis- sioners were not informed. Mr. Rockenstein detailed the various improvements Bankers Life has made to the building for its continued use. The U of M is drawing up plans for a new spetic system, which will be designed for 100 people. Green Giant plans to have only two people in the building. The lease is only for six months, which is their standard policy, but there is a possibility of a long term lease after that initial period. The City Planner added the Building Inspector would issue a temporary occupancy permit for up to 5 people with the present septic system. Leroux/Lebens offered Ordinance No. 167, Fourth Series, An Ordinance of the City of Shakopee, Amending Shakopee City Code Chapter 11 entitled "Land Use Regu- lations (Zoning)" Sections 11.20 and 11.21 by Removing Lot 2, Block 1, Halls First Addition from B-1 Zoning District, Highway Business, to I-1 Zoning Shakopee City Council April 16, 1985 Page 7 District Light Industrial, and by Adopting by Reference Shakopee City Code Chapter 1 and Section 11.99, Which Among Other Things Contains Penalty Provisions, and moved its adoption. The City Admr. summarized the ordinance. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach moved to re -affirm its previous position of support for the construction and operation of the proposed Scott -Hennepin Regional Trail, as outlined in the Master Plan Amendment of 1985, and that furthermore, this position of support be forwarded to the Metropolitan Council immediately. Motion carried unanimously. Colligan/Vierling moved that the bills in the amount of $238,052.16 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. read a letter received from Bob Pulscher, of Springsted, Inc., in which he stated the financing package for the storm sewer program is comprehensive and apparently feasible. He would also like to pursue with bond counsel the legality and desirability of establishing co -terminus storm sewer taxing districts, which could be used as fall -back financing should it be needed in the future. The City Engineer further reviewed some final calculations for Option 3, Alternative 4 of the storm sewer policy. Discussion followed. Leroux/Vierling moved to authorize staff to prepare an informational brochure and public meeting notice for May 28, 1985. Cncl. Lebens stated she doesn't feel any engineering can go back and correct what has been done in the City for 7 million dollars. She thinks the policy is too comprehensive, and people can't be expected to pay this additional amount of money. She said the West Side works to a certain point and she can't see re -doing that or Holmes, just go on from there to Market Street or wherever is necessary, one thing at a time. She believes that tax increment money is still the people's money which could be used to provide relief of their taxes elsewhere. She would rather see the old policy of 80%/20%. She is against the user fee because it will never end. Further discussion ensued. Roll Call: Ayes; Leroux, Wampach, Vierling, Colligan, Reinke Noes; Lebens Motion carried. Vierling/Wampach moved to authorize staff to make informational presentations to principle City boards and commissions. Motion carried with Cncl. Lebens opposed. Vierling/Wampach offered Ordinance No. 165, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code, Chpater 6, Entitled "Business Licenses" by Adding an Exception to Section 6.32, Subd. 9, and by Adopting Certain Provisions by Reference, and moved its adoption. The City Admr. summarized the ordinance. Roll -Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council April 16, 1985 Page 8 The City Admr, informed Councilmembers of the Notice of Impasse and submission to arbitration of essential employees filed by the Bureau of Mediation Services. The Comm. Develop. Dir. informed Councilmembers of the desire of the ICC to bring in some people from other communities for a get together to promote a better climate of economic development in the City. They would like to provide a light lunch or refreshments, for which they have no budget. They anticipate it would be under $100. There was general favorable consensus. Discussion ensued regarding the use of Shakopee Opt -Out dollars to fund the inclusion of Prior Lake and Savage in the feasibility study being conducted for Chaska, Chanhassen, Eden Prairie and Shakopee for transit service. Vierling/Wampach moved to not dedicate Shakopee Opt -Out dollars to fund the additional costs for including Prior Lake and Savage in the transit feasibility study, as the money could be used in Shakopee. Motion carried unanimously. Vierling/Wampach moved to authorize the employment as a police officer of David L. Nelson, effective May 1, 1985 at the starting salary of $1,718.25 per month pending successfully passing a physical examination. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Engineer explained the background of the request for payment of slope easement, rather than the construction easement already acquired, along Shenandoah Drive. He stated the money is in the tax increment funding for this Shenandoah Drive project. He stated that not counting this amount, the project is under projections and the payment of this amount will run it over 10%. Discussion followed regarding the pros and cons of acquiring the nec- essary property in fee title or easement. Cncl. Colligan removed himself from Council and spoke as the property owner affected, for Prahm-Coll. He stated this is the amount the City paid for property across the street from this parcel, and this doesn't take into ac- count the 50 trees that were taken out of there and the $2,000 interest over that time. He said the trees were of value to them, as they could have sold them. Discussion continued. Wampach/Leroux moved to authorize the payment of $42,120.00 for slope ease- ment on Outlot A, Prahm-Coll First Addition, Scott County, Minnesota, to First National Bank of Shakopee, 129 South Holmes, Shakopee, Minnesota. Roll Call: Ayes; Leroux, Reinke, Wampach, Vierling, Lebens Noes; None Abstain: Colligan Motion carried. Lebens/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:38 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary JULIUS A. COLLER, II JULIUS A. COLTER ATTORNEY AT LAW 18 59 - 1940 612 - 445 -1244 211 WEST F I R S T AVENUE SHAH OPEE, MINNESOTA 55379 Memo to Judith S. Cox, City Clerk From: Julius A. Coller, II, City Attorney Date: May 6, 1985 RE: Interpetation of MSA 340.12 As directed by the Shakopee City Council on April 30th, I addressed a letter to the Attorney General of the State of Minnesota referring to MSA 340.12 which provides in part: "The operation of an "Off -Sale" or "On -Sale" business without having on file at all times with the municipality liability insurance policy herein referred to shall be grounds for immediate revocation of the license" and I asked whether the filing of a binder for the required policy or the filing of a certificate of insurance would fulfill the requirements of the law. I further stated that both the Shakopee City Council and the City staff realize that this request allows very little time for you to react but under the circumstances the Council would be very grateful for your ruling if at all possible by May 7th. Reply On Friday, May 3rd Attorney General's Office contacted me and stated that it would be impossible for them to get any opinion out by May 7th because of thenecessary time to research the matter, but that they would forward an opinion in due time. All of which is not too helpful at this time. After some further conversation I did obtain informal opinion which was that a binder would not be equivalent of a policy, but that a certificate of insurance if probably" would. Alternatives: 11 Status quo - accept only insurance policy and suspend liquor licenses of all licensee's who have not filed an insurance policy with the City 21 Accept an insurance binder 31 Accept a certificate of insurance from liquor licenses whose insurance has been cancelled by the Gibraltar Casualty_ Insurance firm until a written opinion is received from the Attorney General CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 May 3, 1985 Mayor Eldon Reinke and Shakopee City Council 129 East First Avenue Shakopee, MN 55379 Re: Shakopee Industrial Commercial Day Dear Mayor Reinke and Members of the City Council: I am writing in my capacity as Chairman of the 1985 Shakopee Industrial Commercial Day. The purpose of this letter is to bring you up-to-date on the 1985 Shakopee Industrial Commercial Day and to seek the support of the City Council for the proposed budget for this event. We on the Industrial Commercial Commission view the 1985 Industrial Commercial Day as a unique opportunity to promote the City of Shakopee as a great place to live and do business. The Industrial Commercial Day will be held September 11, 1985, and hosted at Canterbury Downs. The program will commence at 12:30 and consist of a smorgasbord brunch, a brief program of speakers, a video program highlighting the accomplishments and features of the City of Shakopee, and an afternoon of hospitality at the races. The ICC shall be inviting the leaders in the financial, investment, real estate, development, and business community from this area to attend this function. Please find below (1) the 1985 budget approved by the City for the ICC and (2) the proposed budget request for the 1985 Industrial Commercial Day. A. City Budget Approved for ICC - 1985 Total $61000.00 Operating Expense (est.) 1,000.00 Balance for Industrial Commercial Day (est.) $5,000.00 q, i& City' of Shakopee May 3, 1985 Page 2 B. Proposed Budget - 1985 Industrial Commercial Day Invitations (600) $ 325.00 Promotion 750.00 Brochures 2,050.00 Exhibits/Maps 1,000.00 Food/Beverage (400 x $8.00) 3,200.00 Tours 150.00 Video Program 4,500.00 TOTAL $11,975.00 Current Request $7,000.00 Alternatives to full funding: 1. Cut back on program (a) Slide show update v. new video (save $3,000.00) (b) Cut back hospitality; hors d'oeuvres vs. smorgasbord (save $800.00) 2. Solicit Chamber and Business Community for contributions. 3. Eliminate Program. With the increased attention focused on the City with the opening of Canterbury Downs, the ICC wants to seize this opportunity to get our message to the people who can affect location decisions. If you have any questions, please contact ICC Chair Paul Wermerskirchen at 445-7750 or Industrial Commercial Day Chair Tim Keane at 445-3242. Very truly yours, Timothy J. Keane Chair, Industrial Commercial Day - 1985 for the Shakopee Industrial Commercial Commission �L TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Community Brochures DATE: May 3, 1985 In the past, a number of brochures have been published by the City, or on behalf of the City. These brochures have varied in their scope and cost, and have been prepared by different groups with funding from a variety of sources. I have recently been attempting to coordinate the various interests in developing a unified approach to marketing and providing printed information on the City. A summary of the brochures developed in the recent past is as follows: 1) Community and Voter Information 32 page brochure prepared by the League of Women Voters and printed at City expense (earlier versions had some funding outside of the City Contribution). 2) Shakopee Today 32 page brochure prepared on contract by the ICC with funding from the City and the Chamber of Commerce. 3) Shakopee: The Good Life Flyer prepared by the ICC with City funding. 4) Tourism Myer Prepared by Chamber of Commerce with support from its members, particularly those in tourist industry. The League or Women Voters booklet is now out of print and the City Council has agreed to provide $1000 to assist them in their efforts to republish an updated version. The Jaycees have also agreed to contribute up to $250 for this project, but the total cost anticipated by the League is $2000, so they are still short funds necessary to complete the project. The League has traditionally provided this booklet to the Welcome Wagon to present to new residents and has distributed it to schools, the library, and at its forums. The ICC has generally produced a brochure to distribute at its Industry and Commerce Day, which is scheduled to occur in 1985. The last brochure is now outdated and there are very f few copies remaining. An expenditure to update and reprint this brochure is anticipated in the ICC budget. This brochure has also been distributed in response to developers inquiries. The Chamber of Commerce has recently produced a new tourism brochure, and plans to do so each year. This brochure is widely distributed to promote tourism. I have previously expressed an interest in developing a brief publication to market the downtown redevelopment project to potential developers, and the City Planner has expressed an interest in a publication on basic zoning provisions in the City. These brochures have not been budgeted. Given the broad interest in disseminating information to different audiences, I have developed a proposal to publish a series of brochures which can be distributed individually or together in a folder. This idea has been discussed by the ICC, the League of Women Voters and local realtors and there has been consensus to continue working on this approach if the City Council is supportive. The general scheme is to develop the following materials, with a varying number printed based on the demand for this type of information: Description: # Copies 1) Folder with color photograph 5000 on cover, map inside 2) Voter's Guide 2500 3) Community Guide 4000 4) Downtown Redevelopment 1600 5) Industry and Commerce 1600 6) Planning 2000 It is estimated that the number printed would be a 2-3 year supply, but that various components could be reprinted separately as they become outdated or when no more copies are available. The plan is to print a larger volume of brochures-, bringing the cost per copy down, and then encouraging broad participation in the production, distribution and funding. The League of Women Voters have agreed to do much of the information collection and writing as their contribution. A number of resi- dential realtors and one industrial realtor (Scottland) have agreed to purchase copies of the brochure for their own use, at cost. Therefore it is presumed that bringing in a larger number of uses will provide for broader dissemination of the information at a lower cost per copy. q C- I presume a project of this size would require getting bids or at least a number of formal quotes. However Steve Clay has assisted me in developing a preliminary cost estimate for a project of this scope. The estimate is $11,0143, of which there are already first year commitments from realtors to repurchase brochures representing approximately $21425. The ICC estimates that they would budget approximately $2065 for the brochures they need for Industry and Commerce Day. These two sources alone would use approximately 140% of the brochures. Assuming additional realtors can be contacted, and that there will be continuing second and third year demand, the City would probably absorb less than 50% of the cost of this project. However, the City is the natural coordinator of this project, and has a vested interest in getting out good materials to those who are selling the Community. If the City Council is generally supportive of this approach, it would be appropriate to authorize an expenditure and extend a formal invitation to other participants. The cost estimates provided do not provide for any consultation on layout or editing, which may be helpful. 1) Authorize expenditure of up to $13,000 for development and publication of a series of brochures about the City of Shakopee. 2) Request the Shakopee League of Women Voters to contribute their time and skills in data collection and writing to this project and the funds they have solicited from the Shakopee Jaycees. 3) Request written commitments form realtors to purchase brochures from the City at cost. TO: John K. Anderson City Administrator FROM: Jeanne Andre, Community Development Director RE: Luncheon Meeting of ICC on Economic Development Options DATE: April 29, 1985 Introduction• As discussed briefly at the April 15, 1985, Council Meeting, the ICC plans to meet with persons from other cities involved with local development corporations, chambers of commerce or city economic development efforts to consider the best ways to attract economic development to the City. Some local bank officials and chamber representatives have also been invited. Backcrround : As a courtesy to those persons who are donating their time and insight, the ICC plans to schedule the meeting at lunch time and would like to provide lunch to those attending. The Council informally agreed to an expenditure in the $100 range. A lunch including tax & gratuity can be arranged for $6.95 per person at the Shakopee House. With 16 participants the expenditure will be $111.20. Requested Action: Authorize the ICC to expend up to for a planned luncheon meeting to dicuss economic development opportunities. tw INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: Jahn K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: Citywide Clean-up Effort DATE: May 8, 1585 INTRODUCTION: As we discussed earlier, a period prier to the Racetrack opening would be most appropriate for a citywide clean-up, fix -up cam- paign. am- paign. BACKGROUND: A small sampling of area merchants and civic organizations has shown support for such an endeavor in anticipation of the thousands of visitors this summer. The program will be refined as more contacts are made, but the basic outline is proposed as follows: I. Free Trash Dumping A. The City would provide trash receptacles (30 cubic yard "roll -offs"), to be placed at locations which can be observed round the clack, e.g. near, Public Works/Police Department. With no history to rely on, the best estimate is to provide 15 to 20 receptacles at approximately $100.00 each, which includes p1acing, removing, and landfill charges. (The City of Hopkins has furnished about 50, each year of their clean-up program). Some restrictions would be placed on materials allowed to be dumped. B. City Service Organizations would be asked to provide labor to pick up along streets, ditches, etc_ The City would be divided according to the number of organizations responding, with maps deline- ating the assigned areas. They might also assist homeowners unable to transport materials to the dump- ing site. CLEAN-UP May 2, 11385 Page 2 An effort will be made to find a donor of trash bags. The debris would be deposited in the trash bins pro- vided by the City. The program above would be promoted by way of a flyer inserted in S. P. U. C. " s utility billings. Also noted on the flyer would be: 1. Names and phone number --s of area auto salvage dealers with their policy on hauling unwanted ve- hicles, etc. 2. Names of local merchants who may have promotions or discounts on paint and materials associated with the clean-up effort. Public works forces might be asked to load materials into trash bias periodically and to haul cover material for- areas orareas used as dump locations in the past. ACTION REQUESTED: A motion authorizing City staff to conduct a City clean-up campaign, tentatively scheduled for June 8th thru June 15th, with printing and miscellaneous expenses estimated at $200.00. Council approval to solicit quotes and enter into an agreement for the furnishing of trash container services, to be used in the City clean-up campaign, for ars amount estimated at $2,000.00 from General Fund Contigencies. FSJpmp CLEANUP Go�2�t ' cr � n eys � ft4lk-7L:5 a no 7L -lq -e E 5 �-- �- 6� u lvY Dia. -t, •mss � � �f � vc a `T a �l o ►� vco��is � > � c� �- or 20, Gf ✓'i' ! /r !� L° l l� TTS !fie /litD> E l�t�e� GvGtaCG 0.5 ot e-* */,t E ss's CITY OF SHAKOPEE % t 129 East First Avenue, Shakopee, Minnesota 55379 S MEMO TO: Mayor, City Council members FROM: Jim Karkanen, Public Works Dept. SUBJECT: Park keeper position DATE: May 1, 1985 INTRODUCTION: Council authorized the Public Works Department to fill the Parkkeeper vacancy in the Park Department in 1985. BACKGROUND: The City of Shakopee advertised the position in the Mpl s . Star and Tribune, and the Shakopee Valley News newspapers. 151 people responded to the advertisements, and submitted applications for the position. On Monday,, April 29th, 1985, 4 of these applicants were selected for oral interviews conducted by John Anderson and myself. After interviewing these candidates, it was agreed that Glenn Heyda was t h2, best candidate available for the position. Mr. Heyda has been a part— time art— time employee of the Public Works department for the past 5 years, and has proved to be a 1 oyal , conci ent i ous worker, and should prove to be a valuable addition to this department. - John Anderson and I have agreed to start his pay scale at $ 8.64 per hour, allowing him 1-1 years of service credit as a part time employee. Hi s next rat e adj ust ment . woul d be at t he end of hi s 6 mont hs probation period. RECOMMENDATION: Authorize the employment of Glenn Heyda as a full time park keeper at a starting salary of $ 8.64 per hour, allowing him 1-1 years of servi ce credi t f or hi s empl oyment as a part t i me worker . ACTION REQUESTED: Aut hori ze t he empl oyment of GI enn Heyda as a f ul l t i me park keeper effective May 8th, 1985, at a starting salary of $ 8.64 per hour. SHAKOPEE CITY OF ,�. .. 129 East First Avenue, Shakopee, Minnesota 55379 r MEMO TO: Ad mi u s rat -a rand C"i t y roxnE} 1 FROM: J i m Karkanen - Publ i c Works Dept . SUBJECT: Capital purchase - Park tractors DATE: May 2, 1985 I NTRODUCTI ON: The 1985 budget provides for replacing 2 - 1968 IH tractor/mower uni t s f or the Park department . The Council recently declared these purchases exempt from the Council imposed moratorium on Capital equi pment purchases . The 1985 budget provi ded $15,000 f or repl acement of these tractors. BACKGROUND: An i nvi t at i on f or seal ed bi ds was advert i sed t hrough a 1 egal not i ce requesting bids, allowing the trade-in of our two 1968 IH Model 140 t ract or/mower uni t s , and purchasi ng t wo new repl acement model s f or mowi ng i n our Ci t y park system. 5 set s of speci f i cat i ons and request s f or seal ed bi ds were al so sent t o 1 ocal deal ers i n our area , and we recei ved t wo seal ed bi ds , i n answer to this invitation. These sealed bids were publicly opened in the , Council Chambers at 2 pm, on May 1st, 1985. The sealed bids have been checked and tabulated and are now submitted to the Council for their approval. Carlson Tractor and Equipment Co . , of Rosemount, Minn . , is the apparent low bi dder wi t h a net bi d of $14, 074. 00 f or t wo Ford Model 1710 tractors. We had budget ed $15,000 for this purchase. As per specifications. the vendor wi 11 provide t he t ract ors , mount i ng ki t s f or our mower decks , and install t hem to make them operational, and deliver them to our 1 ocat i on . Delivery date wi 1 1 be in 2 to 3 weeks after awarding of the proposal by Council. I have attached the proposals which we received for this bidding process. ALTERNATIVES: 1. Accept the bid proposal from Carlson Tractor & Equipment. 2. Rej ect t he proposal . 3. Readvertise. RECOMMENDATION: Accept the proposal of Carlson Tractor and Equipment Co., of Rosemount, Mi nn. , f or t wo Ford Model 1710 di esel t ract ors and t radi ng i n our two 1968 IH Model 140 tractors for a total net .price of $ 14,074-00. ACTION REQUESTED: Authorize the Public Works Dept. to purchase two (2) Ford Model 1710 tractors from Carlson Tractor and Equipment Co., of Rosemount, Minnesota and trade in two (2) Int'1 Harvestor Model 140 tractors as specified for a total net purchase price of $14,074.00. r pp , I CARLSON TRACTOR & EQUIPMENT CO. P.O. BOX 69 • ROSEMOUNT, MINNESOTA 55068 (61 2) 423-2222 • MINNESOTA TOLL FREE 800-642-4441 i .•w ,.rr • t�-i..�r+.^tr..,�,. t!i �r ty! au. --lmm T^+ I .!..- .-.qt.,- T y,t,„„-.._„ -. »s..� .K»r•.+.a:'q'C'T' ... •.!�.y..,.^•-...r. r..e.,..•..»-, ...—ir..._.........».. - .r..,.........,..�tu�uii.r w.,ll••.ly;,.�,� Fi 1�•9'�:i., ��.�:I.. ;�dl `� t...�•i:a 11 i.la.. I. r:. Ii .I. ... .a .. •..v .. f,, TO --- CI-TY OF S't)AKOPEE !5185 j wilt." u! (I t na. . Public Works Dept. - -- ---•�'------- r,t:r„•• --,.,�,_ ua tea,----- ,,,-r �- � �> . Shakopee, M. I Our Truck _u -6 Bid due May 1, 1985.. 2:00 PMILouis.T. Kyte NC.RE-iS OUR QUOTATION ON THE GOODS NAMED, SUBJECT TO THE CONDITIONS NOTED: ONDITIONS: The pnceF and terms on this quotation are not subject to verLal changes of ot/+er aq•tr� 0u•n!s unless approved in wring by the Horne Office of the Seller. All quotations r.... ,'ll. are continclenl upon strikes, acC;dentr. 1ire3, ac:,i!ahifity c! rllahjrlals .Ind .l!! r+If _, •t r.;;u, I, y..•;,f 11111 Cnnl:.! ht rt.ry, ;Irn ha;er1 nn Cu515 :upl Cundlhnhl C%13ilr,g on tlfllr: of ucJ av subject to 0"1"9'. by the $rller beit•Ic I'M” dr�rrt t:an'e - ,:`;cei and stencgrapr-.;c errors skit,iect to ecvrPclan Pwcrui.scaae3t'es to 13N'1;+: either rcnr.:•t1c, e11nttaae 1101 1n exec;, 0! I'm percent to be charged for pro-rata Purehas-r lntrinq^ntenl llir. : r(,?�1. aI Ir.t:1o. Lr hu. L.-..'.,'; ;-,; _ .:,,,,, .y.n,.,. •-.d. n.,!..r::+i Lr b.• li.n;•.hrd by Ih;• pun.hasar, mnpo �.. .. •-n:;:.ir I. arae., •,+blr o-lk dagt• .+ ri -a, hu:.li r.Lca t, . nl e MI'Ihki. gwlwt t .o - rtl- I - '. t sro•, •.edit) SL....' rHat•;n n.r!i b, ) rt=.. "!.. !„ .' tl.t!i., 1 u:n.':�- Ie••.--.• ,. n.. 4 ....., ....L d 1 . wm ! app': n 1 n ,!oft1r: r wilt io .ane sere'. Two Two Two FORD Model 1710 2 -Wheel Drive Tractor with/ Power Steering Syncromesh Transmission Turf Tires WOODS Mounting Kits with Casters for 306 Mowers to fit Ford 1710 Tractor: LESS TRADE -Ins: IHC 140 Tractors with Woods Mowers .............; TRADE DIFFERENCE....... $20,826.00 (6.752.00 $14,074.00 cl LONG LAKE FORD TRACTOR INC. FORD AGRICULTURAL 8 INDUSTRIAL EQUIPMENT Zia AREA CODE 612/1475-2281 • ! 2073 WEST HIGHWAY 12 - LONG LAKE, MINNESOTA 55356 i April 30, 1985 City of Shakopee 129 East lst Ave. Shakopee, Mn.' This is our bid on O new utility tractors: I 2 ea. New Ford model 1710 tractors specification from the City of Shakopee i Bid price $ 17801.00 less trade! in (2) Internationals model 140 with Woods mower Deduct $ 3576.00 i Total bid less trade $ 14225.00 Thank you for your consideration of this bid. Please feel free to contact me if you have any questions. Jim Cox Sales Dept. JC/ar New & Used AGRICULTURAL & INDUSTRIAL EQUIPMENT Parts & Service 9h, MEMO TO: Shakopee City Council FROM: LeRoy Houser, Building Official RE: Water Slide Contract DATE: May 6, 1985 Introduction: As instructed, we have advertised for bids on the purchase and erection of the water slide at the Shakopee swimming pool. Background: The low bid, and only bid, was from Technetic Industries for $40,762.00 deduct previous plan cost of $3,500.00, for a net price delivered to job site of $37,262.00. We are required to pay 1/3 deposit with order - balance upon receipt less 10% payable upon completion of 20 hours start up supervision. The low bid for the erection contract was from Job Erection and Engineering, Inc. for the sum of $95,255.00. This price does not include earth work or fencing cost. The fencing cost bid was $7,140.00 from Minnesota Valley Fencing. The earth work is estimated to be a maximum of $9,000.00. I opted not to include the earth work in the general contract, as we may be able to get a good share of the earth donated and we can hire the work by the hour. Our total contract price for erection and flume is $132,517.00 Add Fence $ 7,140.00 Add earth work $ 9,000.00 Misc. change orders $ 5,000.00 Total Project Cost $153,657.00 It appears we are over our original estimate, however, staff feels this still is a project that will generate revenue and provide a payback in three years. Action Requested: 1. Direct staff to enter into a contract with Technetic Industries for the purchase of the water slide as adver- tised for the sum of $37,262.00. 2. Direct finance to authorize prepayment of $12,240.00 to Technetic Industries as required on their bid for 1/3 deposit with order. Water Slide Contract May 6, 1985 Page -2- 3. Authorize staff to enter into a contract with Job Erection and Engineering, Inc. for the erection of the flume for the sum of $95,255.00. 4. Authorize staff to enter into a contract with Minnesota Valley Fencing Company for the sum of $7,140.00 for the erection of the fence as advertised. 5. Direct the Finance Director to,1place the sum of $1533657.00 into the appropriate account to cover the cost of this project. 6. Direct the Finance Director to replace the $3,500.00 taken out of my account for the plan cost and charge the appropriate account with $3,500.00 FnntnntP* Miracle Water Slide, the company we thought would provide us with a second bid on the project, did not bid. I left a message with his office to call and let us know why they did not bid. They have not returned my call. LH:cah TO: Mayor, Council Members FROPI: Tom Brownell, Chief of Police RE: Copy Machine DATE: April 30, 1985 INTRODUCTION The police department budgeted $5,000 (capital equipment fund) to purchase a copy machine in 1985. Council has delayed the expenditure of capitol equipment funds until the Federal Revenue issue is resolved. BACKGROUND When city hall purchased a new copy machine the police department agreed to accept the used machine in an effort to avoid the expenditure of funds for a new machine. The copy machine is used by the police department, public works and the State Patrol. The State reimburses the city for copies made by the State Patrol and the funds exceed over maintenance agreement costs. The used machine from city hall has made over 1,000,000 copies and generally runs three days before breaking down. It is not unusual for the repair person to be here two or three times a day when the breakdowns occur. It is the repair person's opinion that the machine is worn out. We are currently making 5.500 copies per month. A medium volume Toshiba copy machine is available on the Hennepin County cooperative purchasing contract for $4,490.00. RECOMMENDATION Authorize the police department to purchase a Toshiba model BD 7816 machine at a cost of $4,490.00 from Wagers Inc. per Hennepin County contract 3716B. COUNCIL ACTION REQUESTED Authorize the police department to purchase a Toshiba model BD 7816 machine at a cost of $4,490.00 from Wagers, Inc. per Hennepin County contract 3716B. - i I - , I ' it j I I� j I II I I �I '� j l: ' I• � I , Vy / r MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Urban Corp Work-Study Agreement DATE: May 3 , 1985 Introduction Attached is an agreement with the Urban Corps for work-study students . Background This program is for a ten week period, maximum is $5.75/hour of which we would be responsible for 40% which would be a cost to us of $920.00 or we can use the stipend program at $30 . 00/ week. Over the last three years the City has used the stipend program and not the hourly program and that is the program we would continue to use. No one has contacted us regarding employment ; however , should we have someone this year who is interested and had a background fitting our needs , I would ask for your approval to hire them outlining the tasks we would have them working on. Entering this agreement now merely qualifies us to become a part of the program should we decide at some time to take advantage of it and budgeted funds be available. The agreement is the same as the agreements entered into in previous years. Recommended Action Authorize proper City officials to enter into an agreement for participation in Urban Corps Program between the City of Minneapolis and the City of Shakopee for the period July 1 , 1985 and June 30 , 1986 . JKA/7ms ' Rccm 107�. C;;v rail. `Iirneaoc ,s, `.1N 55415. (612) 348-6967 M E M O R A N D U M DATE: May 1985 TO: Program Directors FROM: Fran Hormel RE: 1985-86 College Work-Study Agreement Enclosed are two copies of the Agreement regarding joint participation of your Agency and the Urban Corps in the College Work-Study program. The Agreement is the same as the Agreement used for 1984-85. Student- intern hourly rates of pay remain at $4 .75 for undergraduates and $5.75 for graduates. Please obtain the appropriate signatures on both copies of the Agreement and return both Agreements to the above address. The Urban Corps will process/sign both Agreements and return an original to you. By completing the enclosed contract card, we can assure that your Agreement will be returned to the correct person. If you do have any questions, I can be reached at -(612)348-6967. Thank you for your cooperation and participation in the Urban Corps program. FH/ns Enc Twin City Area Urban Corps—a creative experience in service learning An equal opportunity, affirmative action employer r 1985 - 1986 AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN CITY OF MINNEAPOLIS AND THIS AGREEMENT is entered into this day of 19_, by and between the City of Minneapolis (herein called "Urban Corps") and (herein called "Agency"). WHEREAS, the above named Agency, a public organization or private non-profit tax-exempt organization, desires to participate in the Twin City Area Urban Corps and in consideration for the assignment of Urban Corps student interns to the Agency, we do hereby agree to the following terms and conditions: 1. The Urban Corps shall have the right to approve or reject requests for student interns submitted by this Agency upon forms provided for that purpose by the Urban Corps. 2. The Agency will accept a student as an intern by completing and signing the Assignment section of the student's Urban Corps application form. 3. The Agency shall utilize such students as may be assigned to it in accordance with the specifications set forth in its written request to the Urban Corps, and shall immediately notify the Urban Corps of any change in nature of assignment, duties, supervisor or work location. 4. The Agency shall provide such students as may be assigned to it with a safe place to work and with responsible supervision. 5. The Urban Corps shall have the right to inspect the work being performed by such students as may be assigned to the Agency, and shall have the right to interview such students and their supervisors. 6. The Urban Corps shall have the right to require such students as may be assigned to the Agency to attend such general or special meetings, or to appear at the Urban Corps office, individually or as a group, as shall be necessary for the proper functions of the program. 7. In accordance with the requirements of Federal and State law, work performed by such students as may be assigned to the Agency shall: a. Be in the public interest; b. Not result in the displacement of employed workers or impair -�xisting contracts for services; c. Not involve the construction, operation or maintenance of so much of any facility as is used, or is to be used, for sectarian instruction or as a place of religious worship; and d. Not involve any partisan or nonpartisan political activity associated with a candidate, or contending faction or group, in an election for public or party office. 8. The Agency shall require such students as may be assigned to it to submit time reports and follow such other procedures as may be established by the Urban Corps. 9. The Urban Corps shall have the right to remove any student assigned to the Agency from said assignment and from the Agency at any time for any reason without prior notice, and the Urban Corps shall not be obligated to replace said student. 10. The Agency shall have the right to remove any student assigned to said Agency at any time with prior notice given to the student and the Urban Corps. 11. The Agency warrants that it is in compliance with the provisions of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252), and Minnesota Statutes Section 181.59 and Minneapolis Code of Ordinance, Chapter 139 and 141, where applicable. 12. The Agency shall indemnify, protect and hold harmless the Urban Corps from .a11 claims, causes or actions which may result from the assignments of .,t'lirits to the Agency. 13. The Agency shall obtain at its own expense Worker's Compensation insurance (or shall be self-insured under State Law) for such students as may be assigned to it under this Agreement. 14. The Agency shall pay to the Urban Corps 40% or other percentage figure as agreed upon by identifying the percentage figure on the student's Urban Corps application form of the gross compensation earned by such students assigned and accepted by the Agency under a Federal or State program. The Urban Corps will bill the Agency, in accordance with bi-weekly payroll periods, for its proper share of the compensation of such students as may have been assigned to the Agency and performed work during said period. Student hourly rates are set forth in Section 14(a) and 14(b) of this Agreement. a. Hourly compensation for students will be set at minimum rates of $4.75 per hour for entering freshmen through receipt of a Bachelor's degree, and $5.75 per hour for graduate students; other agreed upon hourly compensation rates not to be below the specified rates in 14(a); or other rates for Urban Corps student interns as established by the City of Minneapolis, through a salary ordinance replacing current minimum rates. b. A graduate student is defined for purposes of this Agreement as one who has received a B.A. , B.S. , or equivalent degree or is enrolled in the fifth year of a five year program. 15. At the election of the Agency, the Urban Corps shall place students to intern under a Stipend program. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement of _the internship. The Stipend rate which the Agency shall pay the Urban Corps is $30.00 per week for each week the student works. 16. At the election of the Agency, the Urban Corps shall place interns for whom the Agency will pay the intern's total compensation plus an additional ten percent (10%) for administrative costs. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement of the internship. Agency rates for said option are set forth in Section 16(a) and 16(b) of this Agreement. a. Agency rates for students will be set at minimum rates of $5.23 per hour for entering freshmen through receipt of a Bachelor's Degree, and $6.33 per hour for graduate students; other agreed upon hourly compensation rates not to be below specified rates in 16(a); or other rates for Urban Corps student interns as established by the City of Minneapolis through a salary ordinance replacing current minimum rates. b. A graduate student is defined for purposes of this Agreement as one who has received a B.A. , B.S. , or equivalent degree or is enrolled in the fifth year of a five year program. 17. Performance under this contract shall commence on July 1, 1985 and terminate on June 30, 1986 unless amended in writing as mutually agreed upon by both the Agency and the Institution; however, either party may terminate upon sixty (60) days written notice. Based upon the statements and affirmations made by the Agency through the above document, the Urban Corps hereby agrees to the assignment of students to said Agency, in accordance with said document and the applicable laws and regulations. CITY OF MINNEAPOLIS AGENCY By Mayor Name ATTEST: Address City Clerk COUNTERSIGNED City State Zip Code By City Finance Officer Title Approved as to Legality: By Title Attest: Assistant City of Minneapolis Attorney MEMO TO: JOHN K. ANDERSON , CITY ADMINISTRATOR FROM: MARILYN M. REMER, PERSONNEL DEPT. ,/\\ RE : SUMMER FLEX-TIME DATE: APRIL 18 , 1985 Introduction & Background For the past two years the Council has authorized summer flex- time for City Hall employees extending City Hall hours to 7 :30 A.M. - 4 : 30 P.M. It has been beneficial to many contractors and employees who wish to utilize a flexible summer schedule . Alternatives 1 . Approve summer flex-hours of 7 : 30 A.M. - 4 : 30 P . M. , May 28th - August 30 , 1985 . 2 . Do not approve summer flex-time . Recommendation Staff requests that Council again authorize summer flex-time hours of 7 :30 A. M. - 4 : 30 P.M. effective May 28th - August 30 , 1985 . As in the past, individual employee scheduling shall have supervisor approval with department coverage at all times . Action Requested Authorize summer flex-hours for City Hall of 7 : 30 A. M. - 4 : 30 P. 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F-3 13 ° N r• F- I- (D (D 0 c+ W W ((D W p N 0cn Cf) r n co (D co �5 x x Wr -ffr 1 . � O N 0 0 OD -P- 00 n w wP- � w O O � 0 0 0\ O\ F- ',D Lk) O O O O O O cc) O O I'0 O O\ 'T TO: John K. Anderson, City Administrator 94vi FROM: Gregg Vox 1 and, Finance Director, RE: Sewer Refund for E 1 k River Concret e DATE: May 1, 1985 Intrr_quct ion Q Background The City has received the attached letter from Elk. River Concrete Products. They are asking for a refund of sewer charges against their water meter which is used only for product and does not enter the sewer system. . The plant became operational in 1979. There is a second water meter which does get charged newer. City staff does not have any recollections concerning the situation but in light of the facts, it appears that we have been billing the large meter in error. Elk River brought the situation to our attention in 1985. I can trace billing on the large meter back to 1982 but can not accurately separate it farther. Elk River feels some responsibility for not questioning the bills sooner and accordingly suggested a refund back to 1982 and they would absorb the previous years. The refund for the past 12 months would be $1, 603. 34. It would be $3, 541. 52 if the refund went be back to 1982. Alternatives 1. Deny refund 2. Refund one year, 3. Refund back to 1982 4. Refund -an estimate back to 1979. Recommendation. Alternative number 3. It appears to be a shared fault that we billed the second meter and they did not question the bills and therefore a sharing of the refund is reasonable. Action Requested Move to authorize a refund of sewer service charges to Elk. River Concrete in the amount of $3, 541. 52. ELK RIVER CONCRETE PRODUCTS C _ , S -- _ ::E- = _ -�),, AN ES 7575 GOLDEN VALLEY ROAD . MINNEAPOLIS, MINN. 55427 TEL. (612) 546-8972 April 11, 1985 John Anderson City Administrator City of Shakopee 129 East First Ave. Shakopee, MN 55379 RE: Sewer charges based on water usage Dear Mr. Anderson: At the time the Shakopee plant was built, we had two water meters installed. The small usage meter is for the water that eventually runs in the sewer line. The big usage meter supplies water to our mixer and boiler for steaming the products. This water is not in any way connected to the sewer line. We should not be charged sewer usage on this line. I am detailing the charges which we incurred last year on both meters. Period Small Meter Large Meter Sewer Charge 5/18/84 to 6/19/84 38,000 470,000 (1.16) 588.12 8/16/84 to 9/21/84 49,000 527,000 (1.16) 665.64 11/15/84 to 12/14/84 42,000 296,000 (1.16) 394.32 2/14/85 to 3/15/85 20,000 106,000 (1.29) 162.72 149, 00 1,399,000 1,810.80 1,548,000 gallons We paid $1,810.80 on both meters. We should have only been charged $175.44 for the small meter. We therefore have overpaid $1,635.36. We are requesting this refund at this time. A later letter will be forth coming for other overpayments. We trust that you will give this your immediate attention and assist us in obtain- ing refunds. If you have any questions, please advise. Yours truly, ELK RIVER CONCRETE PRODUCTS tl Richard Klemenhagen ap' MEMO TO : John K. Anderson, City Administrator FROM: Judith S. Cox , City Clerk D RE : Gambling and Bingo Regulations DATE : May 2 , 1985 Introduction At its meeting of March 19 , 1985 , the Shakopee City Council adopted an ordinance proclaiming a 90 day moratorium on the granting of any gambling and bingo licenses and permits . In doing so , the Council said it wished to review the City' s regulations pertaining charitable gambling activities. Background State legislation adopted in 198 + established a State-administered charitable gambling license system to go into effect March 1 , 1985 . In 1985 , the effective date of the State regulations was moved back to June 1 , 1985 . The regulations established specific reguirements for the conduct and reporting of gambling occasions. The State law also allows local governments to adopt more restrictive regulations , including the prohibition of any charitable gambling activities. The State law allows charitable gambling activities licensed by the State at liquor establishments as well as other establishments when an organization conducts lawful gambling on premises it owns or leases. Organizations eligible for a license are any fraternal , religious , veterans , or other nonprofit organization if it has been in existence for at least three years and has at least 15 active members.. Alternatives Council may or -may not wish to be more restrictive than State law with regard to the licensing of charitable gambling. 1 . Repeal current code regulations on gambling and adhere to State regulations . Our code needs to be repealed or rewritten anyway so as not to be in conflict with State law. This would permit charitable gambling in any on-sale liquor establishment as well as other establishments by any organization which has been in existence in the State for at least three years and has at least 15 active members. 2 . The organization must be in existence within the City for at least 'three years and have 30 active members . Would eliminate a state organization from obtaining a license . 3 • Premises licensed must be regular meeting place of organiza- tion. Would not permit a raffle to take place by an eligible organization other than at their meeting place . This would then preclude raffles by the League of Women Voters at the radio station , unless the prizes were less than $750 .00 in a year. Then a license is not required . 4 . Prohibit liquor from being sold or consumed in a room where gambling is conducted . An organization holding a club liquor license as well as a gambling license would have to conduct gambling in a room separate from the room in which liquor is being sold . 5 . Prohibit gambling activities on premises (or vacant rooms) of any liquor establishment. 6 . Permit charitable gambling in any on-sale liquor establishment for up to a certain maximum number of occasions. per year - requiring a 30 day notice ahead . 7 . Limit the use of proceeds - require monitoring by City staff. 8 . Limit amount of lease payments. 9 . Limit gambling in liquor establishments only when the liquor licensee and the gambling licensee are the same - not likely to happen. 10. Limit gambling only where the liquor establishment is operating under a club liquor license. 11 . Restrict activities to certain days or hours. 12 . Enact limits on prizes to be awarded - more restrictive than State - would require City to monitor and should then require permits as in #13 . 13 . Require permits for bingo and gambling when exempt from State law. 14 . Other.- Recommendat ' on The above alternatives are taken from the City of Maplewood regulations , alternatives identified by the City of Minnetonka , and an article in the April , 1985 issue of the Minnesota Cities . I met with Mr. Coller , the City Attorney , and after discussion we both recommend not adopting the state regulations into our Code verbatim, but instead adopting only a few regulations , desired by Council , which are more restrictive than those of the State. Alternatives 2 and 10 would limit gambling to organizations which have been in existence within the City of Shakopee for at least three years and have 30 active members. It would also permit gambling in liquor establishments only when the establishment holds a club liquor license . Both the City Attorney and City Clerk believe this may be the simplest way to restrict gambling activities to local organizations . Alternative 4 may or may not be desirable . Our most recent regulations did away with this requirement. Recommended Action Direct staff to prepare an ordinance adopting the State law regulating charitable gambling by reference as well as alternatives 2 and 10 which limit gambling to organizations which have been in existence within the City of Shakopee for at least three years and have 30 active members and permit gambling in liquor establishments only when the establishment holds a club liquor license . JSC/jms L� SHdPiKOPE;a INCORPORATED 1870 ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: County Road 83, Widening, Contract No. 1984-9 Change Order No. 2 DATE: May 2, 1985 INTRODUCTION: Two work items not in the original contract proposal have been added to the project. BACKGROUND: Item No. 1 During the course of construction, an existing corrugated metal culvert under Fourth Avenue west of County Road 83, was found to be inoperable. The Scott County Engineer' s office agreed that the culvert should be replaced, and requested further, that reinforced concrete pipe be installed. The negotiated cost to perform this work is: Furnish and install 88 L. F. 18" R. C. P. , CL III at $54. 00 L. F. Furnish and install 2 Ea. 18" R. C. P. pipe aprons at $250. 00 Ea. Estimated total, I tem No. 1 - S5, 252. 00. Item No. 2 This project design includes the installation of concrete curb and gutter. It now appears that several existing sanitary sewer manholes are in the path of the gutter section. Watertight manhole covers are necessary to avoid water infiltration into the sanitary system. The negotiated cost to furnish watertight manhole frames and lids is 3 each at $175. 00 Ea. Estimated total, Item No. 2 - $525. 00. Total Items No. 1 and No. 2 - $5, 777. 00. County Road 83 Widening May 2, 1985 Page 2 ACTION REQUESTED: A motion to authorize proper City officials to execute Change Order No. 2 for County Road 83 Widening, Contract No. 1984-9, increasing the contract am u by $5, 777. 00 to $174, 618. 85. s r Ap o or Submittal H. R. Spurn^ ' r, City Eng i neer FS/pmp CHOR#2 C:a nge Oder Ic. : 2 ,.cJ County Road E3 e C t FFM_- yate: April 24, 1985 Con tract No. : ?984-9 Original Cor. tact A=cur 162, 713. 75 ;,range Order, G , I;c. ... . r;c. 1 6. 128. 10 ectal punas lncu.Zberec _riot ;:o Crange Order 168, 841 . 85 Description cf Work to be (Added! -'p(-%-x): Furnish and install 88 L.F. of 18" R.C.P. CL III at 554. 00 L. F. Furnish and install Zea. 18" R.C.P. Pipe Aprons at $250. 00 Ea. Estimated total $5, 252. 00. Restoration work to be done at contract unit prices. Furnish 3 Ea. watertight manhole frames and lids @ $175. 00 Ea. Estimated total $525. 00. The above described work, shall be incorporated in the Contract, referenced above, under thesameconditions specified in the original Contract as amended unless otherwise specified herein. Any work, not so specified sha11 be performed in accordance . with the Stannard Specifications aaopted by the City of Shakopee, Minnesota. The anount of the Contract shall be (increased/X0=030 ) by 5, 777. 00 The n=ber of calendar nays 1c:- co�letion sh�l be (increased/decreased) by -0- Original Contract AMoi:nt $162. 713. 75 Change Order(s) Ivo• 2 1 . 903. 10 Total Funds Zncumbered S 17u 61 E. 85 Completion Late: June 28. 1985 The Laaersigned Contractor hereby- Order to per:o� ^e ti7CrrS'. JUec�led .^Ln «�� lIIallge girder Ll accordance ti'_th the spec=ications, condai-_ns and -"ices specified herein. -_ Contract Or: 231' Tule: Da.e A =RO'v= AND RECOMAM=D C.�1- Engineer La�e AD:ROV,ED: Cit1- of Shahopee ddayor isle A_�rovec as �c torr �is - -day of City A,;_-4 stratcr awe o :.e - - - V1u1f I11.VcrnelT CITY_ OF SHAKOPHJ=- INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Admini FROM: H. R. Spurrier, City Engineer SUBJECT: General Civil Engineering Cons 1 n ces DATE: May 3, 1985 INTRODUCTION: � - The City of Shakopee' s Selection Committee and the City Council selected Orr-Schelen-Mayeron & Associates, Inc. as the consul- tant to provide general civil engineering services to the City of Shakopee. BACKGROUND: I have reached agreement with the consultant on the text of the attached agreement, with the exception of Section 5 and some of the insurance provisions in Section 1, which will be resolved by Tuesday' s meeting. The revisions would be minor and not alter the major text of the agreement. It is therefore my recommendation, that the proper City offi- cials be authorized to execute the final agreement between the City of Shakopee and Orr-Schelen-Mayeron & Associates, Inc. for general civil engineering services. ACTION REQUESTED: A motion to authorize proper City officials to execute an agree- ment with Orr-Schelen-Mayeron & Associates, Inc. to provide general civil engineering services to the City. HRS/pmp CONCONTR 1 � AGREEMENT THIS AGREEMENT made as of the day of _ in the year Nineteen Hundred and by and between the City of Shakopee, Minnesota hereinafter called the CITY, and Orr-Sche l en-Mayers�n & Associates, Inc. hereinafter called the CONSULTANT, WITNESSETH, that whereas the CITY intends that the CONSULTANT, upon written authorization as hereinafter specified shall perform services as hereinafter provided; which are in accordance with the project scope and any addenda thereto which scope of services by this CONSULTANT together with addenda, if any, shall become a part of this agreement. NOW, THEREFORE, - the CITY and the CONSULTANT for the consideration hereinafter set forth agree as follows. SECTION 1 BASIC SERVICES OF THE CONSULTANT A. GENERAL 1. The CONSULTANT agrees to perform professional services in connection with projects as hereinafter stated. Refer t�� Special Conditions where applicable (as well as reaps and/or drawings where applicable) . 2. The CONSULTANT shall serve as the City' s professional consultant in phases as specified, and shall give consultation and advice to the City during the performance of his services. 3. The work scope shall be divided into two categories, Minor Products and Major Projects. a. Minor Projects. 1. The work to be performed by the CONSULTANT for Miner Projects may be specified verbally .r in writing. 2. All Miror Project Work to be performed by the Consultant may be authorised verbally or in writing but shall be confirmed in writing by the City Administrator within 5 days and subject to City Council authorization. AGREEMENT RAGE c 3. All Minor Project Work shall be tai1led at the hourly rates specified in this Agreement. 4. The value of Minor Project w•irk shall not exceed $500. 00 for each project. b. Major Projects. 1. The work to be performed by the CONSULTANT for Major Projects tects shal 1 be specified in an Extension Agreement which sets forth a 1 1 special conditions and requirements not otherwise provided for in this Agreement. c. A 1 1 work to be performed by the CONSULTANT for Major Projects shall be authorized in writing_ by the City Administrator and subject to City Council authorization. 3. The payment and fee schedule for Major Project work shall be established in Extension Agreements. 4. Time of performance. The services to be performed by the CONSULTANT under this Agreement shall be commenced and completed in accordance with Extension Agreements which shall become a part of this agreement. 5. The CONSULTANT shall be responsible for any injury to persons or damage to property resulting from acts ..f the CONSULTANT, its agents and employees. The CONSULTANT shall provide the City with a certificate of liability coverage as follows: a. The CONSULTANT shall carry a Comprehensive General Liability Insurance policy including Dread Form Property Damage, Completed Operations and Contractual Liability for limits not less than $600, 000- 00 each occurrence for damageso•f Bodily Injury ��r Death to one or more persons and $600, 000- 00 each _occurrence for damage to or destruction of property and The City of Shakopee must be named as "ADDITIONALLY NAMED INSURED'' AGREEMENT RAGE b. The CONSULTANT shall carry a. Comprehensive Automobile bile Liability insurance policy including coverage for A 1 1 owned motor vehicles and hired and non owned motor vehicles for .limits not less than $100, 000. 00 each person for damage of Bodily Injury or Death subject to $300, 000. 00 each accident for all damages of Bodily Injury or^ Death of two or more persons and $50, 000. 00 each occurrence for all damage to ��r destruction of property. The City of Shakopee must be named as "ADDITIONALLY NAMED INSURED" and must receive notice ten ( 10) days prior to the cancellation or expiration any of t-he specified insurance. C. Insurance Coverage Special Hazards: Special hazards coverage such as but not limited to, property damage as a result of Explosion hazard, Collapse hazard, Underground Property damage hazard, commonly known as SCU, shall be specifically, added by endorsement t�� the herein above required Liability Policies. d. Workmen' s Compensation insurance: Workmen' s Compen- sation Insurance shall cover the obligations of the CONSULTANT in accordance with the provisions of the Workmen' s Compensation Act, as ammended, of the State of Minnesota. e. Sub-Contractor' s Insurance: ` It shall be the responsi- bility esp nsibi1ity of the CONSULTANT to see that his sub- contractors ub-contractors are properly insured to meet the above requirements before he permits there to commence operation of the project. f. Errors and Ommissions: The CONSULTANT agrees to save and hold the City harmless from any and al i claims, causes of action, suits and liabilities which Arise in connection with the CONSULTANT' S performance hereunder. AGREEMENT PAGE 4 The CONSULTANT will maintain such insurance against errors and o(i m l ss i ins as will protect him from-(li C'.iai(ilS resulting from the performance of his work under this Agreement. Said .20ver'age shall be in an amount not less than $1, 000, 000. 00. The City of Shakopee must be named as "ADDITIONALLY NAMED INSURED". This indemnification shall not apply to claims or, demands arising out of circumstances involving Professional liability, except these caused by negligence or willful, wanton, or wreckless acts of the CONSULTANT in performance of the services hereunder. If the deductible provisions of the CONSULTANT' S coverage is questionable by the City, the City may thea request "Proof of Assets". SECTION II THE CITY' S RESPONSIBILITIES The City Shall : A. Provide full information including detailed scope as to its requirements for the projects. B. Assist the CONSULTANT by placing at his disposal all available information pertinent to the sites of the projects including previous reports and any other data relative to design or construction of the projects. C. Give prompt notice to the CONSULTANT whenever the City observes or otherwise becomes aware of any defect in the projects. leets. D. Obtain approval of all governmental authorities ies having jurisdiction over the projects and such approvals and consents. from such other individuals or bodies as may be necessary for- completion of the projects. E. Furnish, or direct the CONSULTANT to provide at the City' s expense, necessary additional services. SECTION III MUTUAL OBLIGATIONS OF THE CITY AND THE CONSULTANT A. This Agreement does not guarantee to the CONSULTANT any work. except as authorized in accordance with Section I above, or create an exclusive Consulting contract. AGREEMENT PAGE 5 B. All of the services contemplated under thi.s> Agreement are personal and shall not be assigned, sublet ��r transferred without the written consent of the City. C. The CONSULTANT and any and all of its personnel utilized by the City under the terms of this Agreement shall remain the agents and employees of the City. D. The drawings, calculations, specifications, estimates, etc. , produced by the CONSULTANT under the terms of this Agreement, when accepted and paid for by the CITY, shall become the property of the CITY, however this provision shall not preclude the CONSULTANT from retaining copies of such materials for his records. E. Whenever possible the period of performance of any specific project undertaken by the CONSULTANT shall be mutually determined by the CITY and the CONSULTANT prior to the time that notice to proceed on such work is given by the CITY. SECTION IV PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties heret that the CITY shall pay the CONSULTANT for services furnished, and the CONSULTANT shall accept as full payment for such services, amounts of money computed as follows: A. Total COmoWsat i 0n. The City agrees to pay and the CONSULTANT agrees to accept for the technical and professional services contained in this Agreement a sum not to exceed as discussed in the following paragraph. The fee shall include a l l services rendered by the CONSULTANT under this Agreement including all travel, living and overhead expenses incurred by the the CONSULTANT in connection with performing the services herein except for special, services authorized in writing by the City. The sum stipulated shall be considered a "Not to Exceed" cast to the City. The "Sum Not to Exceed Agreement " will contain two parts; Part I will be the negotiated sum for the Preliminary Report ; Part II will be the "Sum Not to Exceed" for .the preparation of contract documents. Negotiations for Part ! I will- be completed after Council approval of the preliminary Report and authoricatrion to proceed. AGREEMENT RAGE 6 The CONSULTANT will bili the CITY monthly. The monthly billing will Summarize the prOPress of the project as certified by the consultant. The CITY will pay the consultant within thirty (30) days of the billing date. of the project as certified by the CONSULTANT. The CITY will pay the CONSULTANT within thirty (30) days of the billing date. SECTION V CHARTER LAWS AND ORDINANCES The CONSULTANT, at all times, agrees to _observe all Federal and State laws, Ordinances, and Charter Provisions of the CITY of Shakopee and all rules and regulations issued pursuant thereto, which in any manner affect or govern the planning and construction of work contemplated under this agreement. SECTION VI TERMINATION OF CONTRACT TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONSULTANT shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the CONSULTANT shall violate any of the covenants, agreements, or stipulation of this Contract, the CITY shall thereupon have the right to terminate this Contract by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least five (5) days before the effective date of termination. In that event the CONSULTANT shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, craps, models, photo- graphs, and reports or other material prepared by the CONSULTANT under this Contract, which shall, at the option of the CITY, become its property, and the CONSULTANT shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents and other materials prior' to the effective date of termination. Win. Notwithstanding the above, the CONSULTANT shall not be relieved Of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by the CONSULTANT, and the CITY may withhold .any payments to the CONSULTANT for the purpose of setoff until such time as -the exact amount �.f damages due the CITY from the CONSULTANT is determined. �� AGREEMENT PAGE 7 TERMINATION FOR CONVENIENCE OF CITY The City may terminate this Contract at any time by giving written notice to the CONSULTANT of such termination and specifying the effective date .thereof, at least fifteen ( 15) days before the effective date of such termination. In that event, the CONSULTANT shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or ot-er materia-3. prepared by the CONSULTANT under this Contract, which shallj at the option of the City, become its property. If the Contract is terminated by the City as provided herein, the CONSULTANT will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total seryi.ces ••f the CONSULTANT covered by this Contract, less payments of compensation previously made. If this Contract is terminated due to the fault of the CONSULTANT, termination of Contract for cause, relative to termination,Win, shall apply. SECTION VII CHANGE ORDER OR EXTENSIONS The City, may from time to time, require chances in the scope of the services of the CONSULTANT t•� be performed herein. Such changes, including any increase ,or decrease in the amount of the CONSULTANT' S compensation, which are mutually agreed upon by and between the City and the CONSULTANT, shall be incorp- orated in written Change Orders or, Extensions to this Contract. SECTION VIII EQUAL EMPLOYMENT OPPORTUNITY The CONSULTANT certifies that it has received a Certificate of Compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, 1581 Supplement, Section 363. 073. AGREEMENT PAGE 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT Authorized Signature ATTEST: Title CITY OF SHAKOPEE, MINNESOTA: Elden Reinke, Mayor John K. Anderson, City Administrator Judith S. Cox, City Clerk. Approved as to form this day of City Attorney �i C = TY CD F- SHAKOPFE INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. ist Avenue - Shakopee, !Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: H. R. Spurrier, City Engineer SUBJECT: Rehabilitation of the Streets in Eaglewood DATE: May 3, 1985 INTRODUCTION: In order to prepare the final plans and specifications, it is necessary to collect the topography and cross sections for the drawing set. The City of Shakopee has selected Orr-Schelen- Mayeron & Associates, Inc. to provide general civil engineering services. An element of this service would be to provide sur- veying such as this. The work would be a major project because the estimated cost of work exceeds $5O0. 00. The work would consist of the following : 1. The consultant will establish the centerline of all roadways. c. The consultant will set the alignment at 50 foot intervals. 3. The consultant will cross section a topog to 50 foot each side of the centerline for an amount not to exceed $6, 800. 00. The cost of this work would be paid for out of the technical services cost in the project. ACTION REQUESTED : A motion to authorize proper City officials to execute an exten- sion agreement to the General Civil Engineering Consultant Contract for rehabilitation- of the streets in Eaglewood, in an amount not to exceed $6, 800- 00. HRS/pmp EXTCONTR C =.. '... -. ...C)- F-- - H-''-K-�.F.. INCORPORATED 1870 ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, xinnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administr FROM: H. R_ Spurrier, City Engineer _Drive SUBJECT : Fourth Avenue, County Road 83 t rcic DATE: May 3, 1985 INTRODUCTION: The City of Shakopee received approval for a recovery area of 28 feet which is a 2 foot variance from the Municipal State Aid Rules. BACKGROUND: The City received a variance from State Aid Rules No. 8820. 9910, so as to permit a recovery area of 28 feet . The state condi- tions approval of the variance on receipt of a resolution by the City Council of the City of Shakopee that idemnifies, saves and holds harmless the State of Minnesota and all its agents and employees of and from any and a l l claims, demands, actions, or causes of actions of any nature or character arising out of or by reason of, in any manner, the reconstruction of Fourth Avenue (MSAS 108) from County Road 83 to Shenandoah Drive in any other manner than with a recovery area of 30 feet in ac- cordance with Minnesota Rules 8820. 9910 and further agrees to defend at their sol a cost and expense any action or pro- ceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of the variance. Therefore, in order to receive the variance it is recommended that the City Council adopt Resolution No. 2395, A Resolution Indemnifying and Holding Harmless the State of Minnesota. ACTION REQUESTED: Adopt Resolution No. 2395, A Resolution Indemnifying. Saving and Holding Harmless the State of Minnesota and all its Agents and Employees. HRS/pmp MEM2395 RESOLUTION NO. 2395 A RESOLUTION INDEMNIFYING, SAVING AND HOLDING HARMLESS THE STATE OF MINNESOTA AND ALL ITS AGENTS AND EMPLOYEES ARISING AS A RESULT OF GRANTING OF A VARIANCE FOR FOURTH AVENUE FROM COUNTY ROAD 83 TO SHENANDOAH DRIVE WHEREAS , Richard P. Braun , Commissioner of the Minnesota Department of Transportation , has approved a variance in State Aid Rules 8820 . 9910 ; and WHEREAS, the variance is condition upon receipt of a Resolution by the City Council of the City of Shakopee that indemnifies , saves and holds harmless the State of Minnesota and all its agents and employees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: t That the City of Shakopee indemnifies , saves and holds harmless the State of Minnesota and all its agents and employees of and from any and all claims , demands , actions or causes of actions of any nature or character arising out of or by reason of , in any manner , the reconstruction of Fourth Avenue (MSAS 108) from County Road 83 to Shenandoah Drive in any other manner than with a recovery area of 30 feet in accordance with the Minnesota Rules 8820 . 9910 and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim whatsoever character arising as a result of the granting of this variance . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this 19 day Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney f MEMO TO: Mayor and City Council FROM: Julius A. Coller , City Attorney RE: City Code Requirement Pertaining to Liquor Liability DATE: May 2 , 1985 Pursuant to your direction on April 30 , 1985 , I have prepared the attached Ordinance No. 168 , which ordinance amends the City Code to provide evidence of financial responsibility as required by State law as opposed to requiring the filing of the policy with the City. Action Requested Offer Ordinance No. 168 , An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 5 entitled "Liquor , Beer and Wine Licensing and Regulation" by repealing Paragraph A of Subd l of Sec 5. 09 and Adopting a new Paragraph A of Subd 1 of Sec 5 . 09 as herein setout and by Adopting by Reference Shakopee City Code Chapter 1 and Sec 5 . 99 which among other things contain penalty provisions , and move its adoption. ORDINANCE NO. 168 Fourth Series An Ordinance of the Citv of Shakopee Amending Shakopee City Code Chapter 5 entitled "Liquor, Beer and Wine Licensing and Regulation" by repealing Paragraph A of Subd 1 of Sec 5.09 and Adopting a new Paragraph A of Subd 1 of Sec 5.09 as herein setout and by Adopting by Reference Shakopee City Code Chapter 1 and Sec 5. 99 which among other things contain penalty provisions THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I Repeal Entire "A" of Subd 1 Sec 5.09 is hereby repealed. SECTION II Adopting a new "A" of Subd 1 Sec 5.09 as follows A. Evidence of financial responsibility as required by State law showing that there is in effect an Insurance Policy, a certificate of insurance or a binder showing that there is in effect minimum coverage of (1) $100,000.00 because of bodily injury to any one person in any one occurence, and $300,000.00 because of bodily injury to two or more persons in any one occurence, and in the amount of $10,000.00 because of injury or destruction of property of another in any one occurrence, and (2) $100,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $300,000.00 for loss of means of support of two or more persons in any one occurrence; or, SECTION III When in force and effect After the adoption , signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect. 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 Prepared and approved as form t ' 2nd day of May, 1985. J MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk C�J RE: Petition for Alley Vacation from Shakopee Realty Inc. DATE: May 3 , 1985 Introduction The City has received a petition from Shakopee Realty Inc. for the vacation of the alley within the proposed plat of Noterman's 2nd Addition. The alley lies between Fourth and Fifth Avenues , West of Adams and East of Riverview Park. Background The petition has been signed by the sale owner of the abutting property and does therefore meet the state law requiring signa- tures for the majority of owners of property abutting upon the land to be vacated. Although the alley appears to have never been opened, the vacation process is required to clear title for the developer/owner of abutting property who is submitting a replat of the whole block. The new plat will not have an alley. Alternatives 1. Set a date for a public hearing. 2 . Deny request. Recommended Action Offer Resolution No. 2394 , A Resolution Initiating the Vacation of the Public Alley in Block 8 , According to the Plat of Koeper ' s Addition to the City of Shakopee, Scott County, Minnesota, and move its adoption. JSC/jms f o G � "v f O O � G o �s sT m L ' ST JEFFERSON W 0 -- k0 z p A ERLn N cn ST AppMS � N � - k �l RESOLUTION NO. 2394 A RESOLUTION INITIATING THE VACATION OF THE PUBLIC ALLEY IN BLOCK 8 , ACCORDING TO THE PLAT OF KOEPER' S ADDITION TO THE CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, a petition has been received by abutting property owners , requesting the vacation of the alley in Block 8 , Koeper ' s Addition; and WHEREAS, it appears that the alley has never been opened; and WHEREAS, the sole abutting property owner desires to replat the said block and the vacation process would clear any question of ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 4th day of June, 1985 at 8 : 30 p.m. , or therefore, on the matter of vacating the public alley in Block 8 , Koeper ' s Addition to the City of Shakopee, according to the plat thereof. BE IT FURTHER RESOLVED, that two weeks ' published notice be given by publication in the SHAKOPEE VALLEY NEWS and posted notice be given by two weeks posting a copy of such notice on the bulletin board on the main floor of the Scott County Court- house, on the bulletin board in the Shakopee City Hall and on the bulletin board in the Shakopee Public Utilities Building. Adopted in regular session of the Shakopee City Council- held this 7th day of May, 1985 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. -City Attorney TO: John K. Anderson City Acministra-or^ FROM: Gregg Voxland, Finance Director RE: 1986 Budget Calendar (Tentative) DATE: April 24, 1985 Feb 2 Department Heads receive CIF forms. March C CIR farms due back. to Finance May 10 Capital Equipment List due back to i Finance. (equipment m ust . be ,justified especially due to the demise of Revenue Sharing) May 30 Committee discusses Equipment List June 6 CIP to Planning Commission. June 18 Council discusses Equipment List and CIP. Department Heads receive budget worksheets. June 25 Work session on CIP if needed. July 10 Department Heads receive 6 month operating statements. July 17 Budget requests due back to Finance (budget at "needs" with required list of cuts to keep at 1925 appropriation level) August 20 Council receives and discusses budget. August 27 Budget work session. Sept. 3 Public Hearings - budget in total and Revenue Sharing Last levy date for special assessments. Sept, 10- Reserved for budget work . session if needed. Sept. 24 Reserved for budget work session if needed. Oct. 1 Regular Council meeting approve budget. Oct. - 10 Deadline for cert.ifing tax levy to county. Note: Total of four work sessions if needed, one for CIF'. MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Rahr Malting Company Tax Case - Legislative Action DATE: May 6 , 1985 Introduction The Senate and House have both passed S.F. 1061 and H.F. 854 out of committee and placed them in the tax bills approved by each house. The Malting Companies , there are 4 in the State , are becoming concerned and Senator Robert Schmitz asked that we pass a resolution reaffirming our position that can be taken to the conference committee (copy of H.F. 854 attached) . Action Requested Offer Resolution No. 2384 , A Resolution Directing the Proper City Officials to Contact Shakopee State Senator and Representative to Introduce; Legislation Clarifying the Definition of Real Property, and move its adoption. JKA/jms RESOLUTION NO. 23814 A RESOLUTION DIRECTING THE PROPER CITY OFFICIALS TO CONTACT SHAKOPEE STATE SENATOR AND REPRESENTATIVE TO INTRODUCE LEGISLATION CLARIFYING THE DEFINITION OF REAL PROPERTY WHEREAS , the City of Shakopee , Independent School District #720 and Scott County have historically taxed all of the Rahr Malting Company in Shakopee as Real Property ; and WHEREAS , Rahr Malting Company is seeking a Minnesota Tax Court ruling similar to that in the Farmers Union Grain Terminal Association V County of Winona ( No 34885 and 35920 , Dec 15 , 198 ) that would reclassify its Malt and Kiln Complex from real property to attached machinery for the purpose of reducing the property taxes they have paid on these facilities for year by fifty percent (50% ) ; and WHEREAS , said tax reduction is based upon an unclear definition of the definition of real property in M. S. 19814 Section 272 . 03 Subd . 1 ; and WHEREAS , said tax reduction represents a very significant 6 .2% decrease in the City' s total assessed value from $96 ,443 ,000 to 93 ,400 ,350 or $338 , 6914 .00 in annual taxes ; and WHEREAS , said reduction in Rahr Malting Company' s taxes will result in a shift of $338 , 6914 . 00 in taxes to homeowners and smaller businesses: NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council , on behalf of the homeowners and small businesses of Shakopee that the Proper City Officials formally request that Representative Chuck Dimilar and Senator Robert Schmitz introduce legislation that would clarify M. S. 19814 Section 272.03 Subd. 1 such that an exterior building shell is included in the definition of real property even if it also has special functions. Adopted in regular session of the City Council of the City of Shakopee , Minnesota , held this 7th day of May, 1985 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1985 City Attorney I THOMAS E.MUELKEN TAX PAYMENT COPY 1 PROPERTY TAX STATE MENTi:j(4AKOF'EF- CITY SCOTT COUNTY TREASURER iCOTT COUNTY,MINNESOTA SHAKOPEE,MN 55379 PROPERTY NUMBER 'AYABLE 1984NGAL ESTA I E TAY.LS F'AYADLE /O -t 7— 1 :/P F.D. ELIGIBLE FOR A REFUND?? HOMESTEADER NAME AND ADDRESS To'-no out it you're enq�De rod.tee.r porn.f tnete retunos. l.LGAL. IIESCRII"TION 2 'he Min......Property Tar Retunp i Tne Special Property Tax Refund ., ""out FORM M-I PR usin.toes..-.unit 027001000011500 - 1, au'a a�sonoo line 1,onmw<70... .00 1-5. F'/O 6-10 14, 1-5 F'/CJ 6-- 2. aria-t on ime 2�ic�e'e,e t .. .00 10 15 P/U 1—:� 16 --Need a FORM M-IPR'Read the back of this form.• It tnri box rs cnecked.you.we dennit i., taxes and mdv not.Poly IOr pr..erty td+relunds. El YOUR ITEMIZED STATEMENT TAX AMOUNT TAXPAYER NAME AND ADDRESS - State . . . . . . . . . . . . . . .00 County. . . . . . . . . . . . . . . . 158,603.50 RAHR F'ROF'ERTIES INC Townsnip or City. . . H3,929.52 ti,67 (?RAIN LXCI4ANGF_ Isi_IIG .720 . 26'7,334.60 1'iIi�i(EAF OLIS MN School District Other Taxing District . t.COUNTI'.WIVE. . . . . . . 6,367.40 55415 t.FISCAL .Dlc-F• . . . . . . 140,578.20 :.SP E CI.AL.DIST is S. . . 130931.40 SPECIAL ASSESSM E NTS ).LDIACR .PNi 1.292.70 CODE AMOUNT TOTAL BEFORE CREDITS 672,037.32 45 5,.350.60 _ I.CREDITS WHICH REDUCE YOUR TAX A.State Sahooi Agr.Creon B. State paid Homestead Credit - - C. Wet Lands Credit D. .. . . . . . . .. .. . . . . . . F. . . . . . . . . . . . . I 672,037.32 t.SPECIAL ASSESSMENTS 5,3`i0.68 INTEREST 1,312.43 - S 677,388.00 PRINCIPAL n 4f03£it2J Firn Half Installment Second Hatf Installment ESTIMATED TAXABLE TOTAL NEW IMPROVEMENT MARKET VALUE ASSESSED VALUE MILL RATE 5 33E3.694.00 S 336,6Y4.00 If tax is less than 510.00.. t must be paid in full by I - Iftax is 510.00 or more,it may be paid in full or paid m equal instadments. 14400000 G].87500 110,592 SEE REVERSE • • PROPERTY TAX INFORMATION j 2-26-85 1 REVISOR .TCR/LY 85-1665 Introduced by Dialer H.F. No. 854 March 14th, 1955 Cmapanion S.F - No, Ref. to Com, -on Taxes Ref, to S. Com. on Reproduced by PHILLIPS LEGISLATIVE SERVICE, INC. - 1 A bill ! or an act 2 relating to taxation:; property; clarifying the 3 definition of real property; amending Minnesota a Statutes 198,1, section /1-72 . 03 , subdivi s_on 1 . 5 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MI1,1h1ESOTA: 7 Section 1 . Minnesota Statutes 1984, section 272 . 03 , 8 subdivision 1, is amenled to read: 9 Subdivision 1 . [REAL PROPERTY. ] ( a) For the purposes of 10 taxation, "real property" includes the land i _sPif, rpi. 1s, .ties, 11 and other track materials annexed to the land, and all 12 buildings, structures, and improvements or other fixtures on it, 13 bridges of bridge companies, and all rights and privileges 14 belonging or appertaining to the land, and all mines, minerals, 15 quarries, fossils, and trees on or under it.- 16 (b) A building or structure shall include the building or 17 structure itself, toe:ethcr with all improvements or fixtures Q a.^...^.eY.ed t0 t1:n.. Jt.:11dISitj or structure, 1K:i1CI1 are int'.-grated w1t11 19 and of permanent 1-,e nfiL to the build_Lnq or st-Yucture, 20 regardless of the . present use of the building, and which cannot 21 be removed without substantial damage to itself or to the 22 building or ntructiir. n . ,3 ( c ) ( i ) The term real prcper. ty shall not include tools, 24 implemontc, machinery, and o '.t ,:.mc::t ,`_. _ _ . .�� ;� to or installed in 25 real pry. n`•! 11 for '1--^ 17 1 �hc, JCR/LY 25-1665 1 cond::cted thereon, regardless of size, weight or method of 2 attachment. 3 ( ii ) The exclusion provided in eiedse paragraph (c ) ( i ) 4 shall not apply to machinery and equipment includable as real 5 estate by clauses ( a) and (b) even though such machinery and 6 equipment is used in the business or production activity 7 conducted on the real property if and to the eattent such 8 business or production activity consists of furnishing services 9 or products to other buildings or structures which are subject 10 to taxation under this chapter. 11 ( iii ) The exclusion provided in paragraph (c ) ( i ) does not ---------------------------------------------------------- 12 apply to the exterior shell of a structure which constitutes ------------------------------------------------------------ 13 walls, ceilings, roofs, or floors if the shell of the structure --------------------------------------------------------------- 14 has structural, insulation, or temperature control functions or --------------------------------------------------------------- 15 provides protection from the elements. Such an exterior shell -------------------------------------------------------------- 16 is included in the definition of real property even if it also -------------------------------------------------------------- 17 has special functions distinct from that of a building. ------------------------------------------------------- 18 Sec . 2 . [ EFFECTIVE DATE. ] 19 Section 1 is effective for taxes levied in 1985 and --------------------------------------------------- 20 thereafter, payable in 1906 and thereafter. ------------------------------------------- MEMO TO: John K. Anderson, City Administrat FROM: RR RE: TYw- +/Subsistence R—si .ov& DATE: y KKN-< *7,\c) Introduction The staff member listed below is requesting Council approval for of r-*-Tv*4%subsistence expenses. Background wEn Staff frequently to use their own funds to pay for conference or travel expenses. The process for Council to approve Y =-� .•, requests within the regular bill cycle can entail a wait of up to five weeks before the employee receives the money. In order to alleviate a possible hardship on the employee by expediting compensation for expenses incurred on City business, this request is forwarded out of the normal bill cycle. The employee and expenses are: Name Amount $ Purpose: � Q Alternatives I. Approve payment 2. Defer to normal bill cycle 3. Deny all or part of request Recommendation Alternative #1. Action Move to approve payment to in the amount of $ 195 for *+nue" subsistence