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11/06/1985
MEMO TO: Mayor and City Council FROM: Judith S. Cox, City Clerk RE: Non-Agenda Informational Items DATE: October 31 , 1985 i. The VFW has asked to delay construction of sidewalks along 3rd Avenue until next year when they will be making other improvements. They have signed a new application and waiver of assessment hearing for the 1986 Sidewalk Replacement Program. 2 . After a long drawn out process of one problem after another, the flashing overhead beacon at Adams and 11th ( swimming pool) is now in working order! 3 . The Mayor had commented once that the City may get complaints about too much light ( light pollution) from the racetrack late into the evening. The track, on its own, planned to rewire the lights so only a few can be turned on for clean-up. Believe it or not, it was wired as all or nothing when built. 4. The City received a communication from Perry Cheever asking that his name be removed from the petition requesting the removal of the 101 Auto Parks Junkyard from the area. The communication will be placed on file with the petition. 5 . Attached is a copy of a letter from Senator Rudy Boschwitz responding to John' s letter regarding the Supreme Court' s recent Garcia decision on overtime wage provisions . 6 . Attached is an invitation to Scott-Carver Economic Council' s 20th Anniversary on Tuesday, November 12, 1985 . 7. Attached is the monthly calendar for November 8 . Attached is the building activity report for September, 1985. 9. Attached are the November 7 , 1985 Planning Commission and Board of Adjustment and Appeals agendas. 10. Attached are the minutes of the October 22 , 1985 Planning Commission meeting. 11 . Attached are the minutes of the October 3 , 1985 Board of Adjustment and Appeals meeting. i2 . Attached are the minutes of the October 3 , 1985 Planning Commission meeting. 13 . Attached are the minutes of the September 19 , 1985 Planning Commission meeting. i4 . Attached are the minutes of the October 14 , 1985 Baseball Lighting/Stadium Committee meeting. 15 . Attached are the minutes of the October 9 , 1985 Downtown Ad Hoc Committee meeting. 16 . Attached are the minutes of the October 9 , 1985 Industrial Commercial Commission meeting. 17. Attached are the minutes of the October 17 , 1985 Scott County Solid Waste Advisory Committee meeting. A . I talked with the President of the Jaycees about the fertilizing of Tahpah Park. No one from the City had approached them about this . A Jaycee member and a City employee, in a casual conversation, did talk about fertilizing Tahpah Park. When the Jaycees prepared their goals and objectives for the coming year, fertilizing Tahpah Park was one possibility that was discussed. i9. Attached is a copy of a letter from Rep. Bill Frenzel regarding the Supreme Court decision in the Garcia vs. San Antonio case. JSC/jms RUDY BOSCHWITZ COMMITTEE ASSIGNMENTS:v-' MINNESOTA AGRICULTURE BUDGET FOREIGN RELATIONS SMALL BUSINESS '?J Crtirf ea ,�faf e� .�ie't�af a VETERANS AFFAIRS WASHINGTON,D.C. 20510 October 4, 1985 9' LEI 5 Mr . John Andersonrw ,_ _ , City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear John: Thank you for contacting me about the impact of the Supreme Court' s recent Garcia decision on overtime wage provisions for state and local employees. I appreciated hearing from you, and I understand your concern. In recent weeks, I have received many letters and petitions like yours from county and municipal governments throughout Minnesota asking for help to enact legislation that would, in effect, overturn the Garcia decision. As you know, in Garcia v. San Antonio Metropolitan Transit Authority, the United States Supreme Court made the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) applicable to state and local government employees. The case revolved around Joe Garcia, an employee of the San Antonio-owned bus company. Employees often had to work long hours or unusual shifts . To compensate workers, the company had been offering time off instead of the normal overtime pay. But Garcia and some of the other bus company employees wanted the pay instead, so they sued the transit authority. Eventually, the case ended up in the Supreme Court . The court sided with Garcia, but the effect of the ruling extends far beyond Texas. It could have serious repercussions for many small- and medium-sized Minnesota communities. By forbidding the use of compensatory time off , or "comp time' , the court has forced municipalities to limit which services they will offer . Most communities use comp time for their police and fire-fighters, as well as for other jobs that are crucial to maintaining public safety. These jobs certainly do not involve nine-to-five hours -- and they can' t . They often require their employees to be on duty at night, on weekends, and on holidays. with comp time, they can work long shifts for awhile and then take several days off . This system is cost effective for the municipalities and allows the employees the freedom to schedule more time with their families than they might be able to if strict overtime rules were followed. Also, because the schedule is arranged among people who know their communities and their jobs, it guarantees that the community will get the best protection when it needs it the most . October 4 , 1985 Page 2 Requiring overtime pay would be a costly burden for many Minnesota cities. Indeed, labor costs for public safety and fire protection often make up more than half of the expenses of local government . The Garcia decision would force them to siphon revenue from other crucial programs to their public safety programs, or , even worse , to reduce the amount of police and fire protection they offer . In response to the Garcia ruling , you will be pleased to know that I have cosponsored legislation (S. 1570 ) which would exempt state and local governments from the inflexible overtime provisions of the Fair Labor Standards Act . ( It would not , however, exempt them from any other provisions of the FLSA, such as the minimum wage requirements, the child labor prohibitions, nd the Equal Pay Act . ) Basically, this legislation restores to cities the flexibility to schedule their employees to best serve the needs of their own areas. It does not require that compensatory time off be used or that overtime premium pay be given ; it merely allows the flexibility to offer comp time as an alternative. In effect , S. 1570 would save state and local governments across the nation more than three million dollars (which is the approximate cost that they are currently struggling to absorb as a result of the Garcia decision. ) The more flexible system proposed in S. 1570 has had strong support from cities, counties, and state legislatures. In addition , this bill is gaining support here in the Senate , where it currently has 33 cosponsors. Recently, in hearings held by the Senate Committee on Labor and Human Resources, Labor Secretary William Brock expressed the Administration ' s support for a modification of the Garcia decision. With all this momentum behind it, my colleagues who serve on the Labor Committee are confident that S . 1570 will be reported favorably out of the committee within the next few weeks, and that it stands a good chance of passing the Senate later this fall . As a cosponsor of S. 1570, you may be assured that I will work hard to see that it ' s passedonn that I ' ll get back in touch with you when further actihis important bill is taken . In the meantime, thanks aor contacting me. Sin Rul Boschwitz United States Senator RB/lsb (0 qWft-efteh PCROW, 0000, �V- Corporate 420 Oak Street North Officers: C A P CA.RVERNINN, 55315 Wallace Ess-Chairman Chaska Phone: 448-2302 Sandi Vasquez-Vice Chairperson Shakopee Gordon Winter-Secretary/Treasurer COIVNVITICM WaCOnia wC►iON Ms.Mary F. Sullivan- a"CONAM Executive Director YOUR COMMUNITY ACTION AGENCY, wc C INVITES YOU TO JOIN IN CELEBRATING IT'S 20 * Af l TUESDAY, NOVEMBER 12, 198.5 RECEPTION FROM 3-6 P.M. BOARD OF DIRECTORS MEETING 6 P.M. AT MINNESOTA VALLEY MALL COMMUNITY ROOM SHAKOPEE, MINNESOTA REFRESHMENTS WILL BE SERVED PROGRAM DISPLAYS HEAD START CHILDREN'S PROGRAM AT 4:00 W.I.C. FOOD SHELF HOME DELIVERED MEALS HEAD START ENERGY ASSISTANCE THRIFT SHOP WEATHERIZATION CONGREGATE DINING GIVE WHERE YOU LIVE "An Equal Opportunity Employer" t� K wt7 Ori w ° O (tFCH wr- t3' -. O N 0 (D O in O ►- H p r• P. ,gym � 0�� al z � (t d F - Y (t n N • C Ln 00 �] n n .. 0 r. t1 r� oo � � H � O d z U) K N F` � � N In lJ� H Jb JC) C)0 H- z OO5--: ft O O O c) C rt C� 10O tdtijr m N N H K lfl O W 00 lJ� H H --10 ro n ro .• o � w ° x wac�ua o P H . rd o � d .� u �J N Csr ow r � tJ to � Go o a � � x I d 0 9 � K ~' � � N N F-' Ul N O W dl ".0 � N r- CITY OF SHAKOPEE BUILDING ACTIVITY REPORT September, 1985 PERMITS ISSUED Yr. to Date Previous Year Number Number Valuation Number Valuation Mo. Ytd. 6826 - 6874 Single Fam-Sewered 1 28 1 ,987 ,647 - 25 1 ,535 ,000 Single Fam-Septic 3 12 913 ,144 1 7 747 ,941 Multiple Dwellings 3 11 1 ,462 ,100 2 11 1 ,094 ,500 (No.Units ) (YTD Units ) ( 11) ( 32 ) ( 6) ( 28) Dwelling Additions 3 37 152 ,988 4 48 346 ,607 Other 2 11 141 ,722 3 6 9 ,856 ,152 Comm New Bldgs 5 2 ,090,341 7 1 ,390,875. 13 Comm Bldg Addns 1 9,862 ,510 Industrial-Sewered 1 . . - 5,475 _ Ind=Sewered Addns _. . Industrial-Septic' _ .Ind-Septic Addns - Accessory/Garages 5 37 245 ,976 2 41 344,203 Signs & Fences 8 59 61,998 3 33 41 ,853 Fireplaces/Wood Stove 3 9 23 ,380 1 6 19 ,900 Grading Foundation - 7 55,500 2 9 2 ,617 ,000 Remodeling (Res ) 2 23 60,210 3 29 123 ,092 Remodeling (Inst) - 1 1,093 ,000 1 1 6 ,345 ,000 Remodeling' (Comm or 3 26 1 ,737 ,078 4 37 689 ,059 Ind) TOTAL TAXABLE 42 30 18 ,800,069 29 276 18 ,806 ,182 TOTAL INSTITUTIONAL - 1 1 ,093,000 1 1 6,345 ,000 GRAND TOTAL 42 30 19 ,893 ,069 30 277 25 ,151,182 No. Ytd. No. Ytd. 6 Variances 8 5 13 Conditional Use 3 2 Re-Zoning - 4 _ 1 Moving 1 4 Electric Permits 20 202 25 - 205 Plbg. & Htg. Permits 26 191 35 199 Razing Permits - 1 Residential 1 1 Commercial - - Total dwelling units in City after completion of all construction permitted to date. . . . . . . . . . . . . . . . . 3 ,810 Cora Hullander . Bldg. Dept. Secretary CITY OF SHAKOPEE t� BUILDING PERMITS ISSUED IN SEPTEMBER, 1985 6826 Lon Carnahan 1725 West 3rd Addn. $ 40 ,000 6827 Cancelled 6828 Neill Gertis 715 Lewis Alt . 500 6829 Cancelled 6830 Jasper Homes 1440Tyr ne Dr. House 59 ,000 ��o 61 6831 Jefferson Carpentry 234 W. 7th Alt . 5 ,000 6832 Wiggin, Inc. 2017 W. 12t Apt . 105 ,000 A91 a7 (4 apt s ) 6833 Gary Scott 1718 W. 13th(J Stg. Bldg. 1 ,400 6834 Laurent Builders 1207 Tyl House 55 ,000 6835 James Pierce 1673 STownhome 52 ,500 6836 James Pierce 166 Wg6home 513500 6837 James Pierce 1661 W. 6th Townhome 52 ,500 Wf 6838 James Pierce 1819h Townhome 523500 6839 James Pierce 181 6th Townhome 51,500 �a /�6840 James Pierce 180 L6t'� Townho e 51 ,500 a-r�� 6841 James Pierce �� X180 U6th Townhome 523500 6842 John Hill 3090' -99th Ave Fireplace 2 ,500 6843 - 6846 Void 6847 Cancelled 6848 James Whitney 909 Marschall Rd. Fence 125 6849 Jerry Menden 1274 Tyler St . Fireplace 23000 6850 Brian Anderson 1457 Wood Duck Tr. Ho se 55 ,000 6851 Lawrence Signs 7800 Hwy. 101 Sign 3 ,000 6852 Ries Builders 301 W. 3rd Addn. 1 ,200 6853 Ron' s Comm. Paint 1107 E. 1st Fence 1 ,000 6854 James Hauer 138 W. 2nd Razing 100 6855 Amcon 650 Industrial Cr. Alt . 45,000 6856 Void 6857 MN Valley Fence 1567 Jackson Court Fence 850 6858" S. Breeggemann 628 Pierce Stg. Bldg. 580 6859 G.F. Juergens 327 Marschall Rd. Alt . 26,900 6860 James Hauer 6 Sh ron Pkwy. Ouse 45,000 . S 6861 Menden Masonry 1957 Ehako e Fireplace 2 ,500 6862 Signs of Quality 221 E. 1st Ave. Sign 1,500 6863 Signs of Quality 140 S. Lewis Sign 800 6864 Bug, Inc. 441 W. 1st Sign 650 6865 Roland Ratslaff 634 Holmes Addn. 1,800 6866 Nicholas Wolf 9382 Boiling Sp. Ln Stg. Bldg. 7 ,600 6867 Void 6868 Louis Shanus 219 E. 7th Ave. Razing 2 ,400 6869 Wm. Runge 124 W. 7th Fence 90 6870 Void 6871 Edward Goerish 814 Lewis Garage 6 ,000 6872 Cy Carlson 1065 Merritt St. Addn. 6 ,800 6873 Cy Carlson 916 Scott St . Addn. 8,000 6874 Westside Equip. 804 E. 1st Ave. Alt. 6,000 TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee, Minnesota November 7 , 1985 Chairman Czaja Presiding: 1) Roll Call at 7 : 30 P.M. 2 ) Approval of Agenda 3 ) Approval of October 3 , 1985 Minutes 4 ) 7 : 30 P.M. PUBLIC HEARING: To consider an application for a variance of 40 feet from the front yard setback requirements and building materials , in order to construct new grandstand type seating for the Amphitheater, at Valleyfair. Applicant: Valleyfair Action: Variance Resolution #432 5 ) 7 : 45 P.M. PUBLIC HEARING: To consider an application for a variance to construct a pole barn without a principal building on the property located on Boiling Springs Lane, Section 13 , Township 115 , Range 22. Applicant: William T. Franck Action: Variance Resolution #433 6 ) 8 : 00 P.M. PUBLIC HEARING: To consider an application for a variance of 40 feet from the rear yard setback requirements in order to construct a strip shopping center on lots 1 & 2 , Century Plaza Square 3rd Addition. Applicant: J.O.N. Investment Co. Action: Variance Resolution #434 7) Other Business 8 ) Adjournment Judi Simac City Planner CITY OF SHAKOPEE TENTATIVE AGENDA t PLANNING COMMISSION Regular Session Shakopee, Minnesota November 7 , 1985 Chairman Czaja Presiding: 1) Roll Call at 7 : 30 P.M. 2 ) Approval of Agenda 3 ) Approval of October 3 , 1985 Minutes 4 ) Approval of October 22 , 1985 Minutes 5 ) 8: 15 P.M. CONTINUATION OF PUBLIC HEARING: To consider an application for Preliminary and Final Plat approval of Meriden Addition a replat of Outlot A, Prahmcoll Addition and an application for rezoning this property from I-1, Light Industrial to B-2 , Community Business. Applicant: Meriden Corporation Action: Recommendation to City Council 6 ) 8: 30 P.M. CONTINUATION OF PUBLIC HEARING: To consider an application for Preliminary Plat approval of Prairie House Addition lying in Section 3 , Township 115 N, Range 22W. Applicant: Curtis M. Bradford Action: Recommendation to City Council 7 ) 8: 45 P.M. CONTINUATION OF PUBLIC HEARING: To consider the amending of the Shakopee City Code, Chapter 11, Land Use Regulation ( Zoning) . The proposed amendment will establish a recreational vehicle ordinance which designates specific areas and criteria for the development of a recreational vehicle park as a conditional use. Applicant: City of Shakopee Action: Recommendation to City Council 8 ) 9: 00 P.M. PUBLIC HEARING: To consider an application for Preliminary and Final Plat approval of Canterbury Business Park 1st Addition, located in that part of the E 1/2 of the NE 1/4 of Section 8, Township 115 , Range 22, lying northerly of the centerline of County Road No. 16. Applicant: Scottland Inc. Action: Recommendation to City Council 9 ) 9 : 15 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to conduct a home occupation of the sale of firewood from his property located at 1424 Heron Court. Applicant: Peter N. Shutrop Action: Conditional Use Permit Resolution #435 10 ) 9 : 30 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to construct a concrete and ready mix plant upon the property located at E. Highway 101, SW 1/4 of Section 2 , Township 115 , Range 22. Applicant: William G. Pearson, Model Stone Co. Action: Conditional Use Permit Resolution #436 11) 9 : 45 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to operate motor fuel sales as part of a retail grocery store upon property located at the Northeast corner of C.R. 83 and 12th Avenue. Applicant: Scottland Inc. Action: Conditional Use Permit Resolution #437 12 ) 10 : 00 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to construct a convenience type food store with self service gasoline upon the property located at 1155 East First Avenue. Applicant: SuperAmerica Stations, Inc. Action: Conditional Use Permit Resolution #438 13 ) Discussion: Final Plat Hentges 1st Addn. Action: Recommendation to City Council 14 ) Discussion: 1986 Meeting Schedule _ Action: Recommendation to Staff 15) Informational: a. Status of Racetrack District Land Use Study b. 16 ) Other Business 17) Adjournment Judi Simac City Planner CITY OF SHAKOPEE PROCEEDINGS OF THE PLANNING COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA OCTOBER 22, 1985 Chrm. Czaja called the meeting to order at 7:00 p.m. with Comm. Lane, Pomerenke, Rockne and Schmitt present. Comm. Stoltzman and VanMaldeghen were absent. Judi Simac, City Planner, was also present. Lane/Pomerenke moved to approve the agenda as printed. Motion carried unanimously. Pomerenke/Rockne moved to approve the minutes of September 19, 1985 as kept. Motion carried unanimously. PUBLIC HEARING - PRELIMINARY PLAT PUD SHAKOPEE VALLEY SQUARE 1ST ADDITION Schmitt/Rockne moved to open the continuation of the public hearing regard- ing the preliminary plat planned unit development of Shakopee Valley Square lst Addition. Motion carried unanimously. The City Planner read through the list of conditions recommended for approval of this plat PUD. She added that the EAW has been submitted, and there is a 30 day review and commentary period. The City Planner pointed out the location of the various free-standing signs. She said the developer has indicated there will be variances re- quested for more than one sign on a lot and possible encroachment onto the right-of-way. Specific applications for variances have not been made. She further clarified some of the conditions. Comm. Lane questioned some of the easements that appear to encroach upon the buildings in Lot 4 and 5. He would suggest the buildings be moved or a Hold Harmless Agreement be given to the City because of this encroach- ment onto the easements. Warren Israelson, engineer for the developer, said the building on Lot 4 is only proposed, and therefore could be moved to allow space for the easement. But he is not sure just what facilities are present next to the existing brick building on Lot 5, because there are no "as built" plans for it. Considerable discussion followed regarding possible solu- tions. The City Planner confirmed that any improvements in the easement are strictly at the developer's risk. Chrm. Czaja asked if there were any comments from the audience, and there were none. Lane/Rockne moved to close the public hearing. Motion carried unanimously. Schmitt/Lane moved to recommend to City Council preliminary plat approval of Shakopee Valley Square lst Addition, subject to the following conditions: Shakopee Planning Commission October 22, 1985 Page 2 l6 1. The name of the plat be changed to Shakopee Valley Square lst Addition. 2. Approval of a Title Opinion by the City Attorney. 3. Vacation of drainage and utility easements which were dedi- cated in Halo 2nd Addition. 4. Submittal of an EAW to the EQB for review and comment, followed by a determination by the EQB that the proposed recreational development does not have the potential for significant environmental effects. 5. The developer shall obtain the required permits from the Lower Minnesota Watershed District, the Dept. of Natural Resources, and the Mn. Dept. of Health for construction in the floodplain. 6. The developer shall obtain a permit from MnDOT for construc- tion and alteration of curb cuts in the right of way. 7. The City Engineer must receive and approve final plans and specifications for all public facilities including, but not limited to, roads, sanitary sewer systems, storm sewer and grading. 8. The developer shall submit an Association Agreement which describes the operation and maintenance of shared parking arrangements among lot owners. 9. Submittal of a detailed landscape, lighting and signage plan prior to final plat approval. This incorporates no variance for signage. 10. The City shall retain the easement for the parkway which extends across lot four. Prior to the final plat approval the City Council shall determine whether the easement shall remain public or private and whether it should be constructed to standard design criteria. 11. Execution of a Developer's Agreement for the construction of the required improvements: A. A sidewalk to be reconstructed along the north side of T.H. 101 in accordance with the Design Criteria and Stan- dard. Specifications of the City of Shakopee. B. Water system and electric to be installed in accordance with the requirements of the SPUC Manager. C. The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appeal the apportionment. D. Installation of fire hydrants in accordance with the re- quirements of the Fire Chief and City Engineer. E. Construction of Bluff Street, to serve Lot four, and all other street improvements to be made, in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. F. Sanitary sewer and storm water system to be installed in accordance with the Design Criteria and Standard Specifi- cations of the City of Shakopee. G. A copy of the Rules and Regulations of the Shakopee Valley Square Campground shall be made a part of the Developer's Agreement to ensure that the operator of the campground Shakopee Planning Commission October 22, 1985 Page 3 6 has the authority to remove any occupants or equipment within twenty-four hours after the river stage reaches a point of two feet below the lowest sanitary sewer. H. Park dedication fee to be paid for the existing Lots 2 and 3 of Halo 2nd Addn. (Amount of $1736.00 for each lot.) The City Council shall determine whether a park dedica- tion fee shall be paid for Lots 4 and 5 of the plat, or that the existing public easement is satisfactory. 12. No new construction or permanent building is allowed within the easements. 13. Disposition of Lot 5 via a sale or construction of additional facilities is subject to staff review of parking use and re- quirements. The easement on Lot 5 to include the existing brick building until such time as prior constructed public facilities can be located. Motion carried unanimously. INFORMATIONAL Chrm. Czaja and Comm. Lane and Pomerenke indicated their desire to attend the Annual Planning Institute on November 22, 1985 in St. Paul, registra- ti.a?t fees to be gaidl far by ttZe G.it_g Rockne/Pomerenke moved to accept and place on file the letters from Chet and Mary Ann Zadra and Kathleen J. Pearson, dated October 4, 1985 regard- ing the October 3, 1985 Planning Commission meeting, and direct staff to send back a short note of thanks for the explanatory letters. Motion carried unanimously. Schmitt/Rockne moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:55 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 3, 1985 Chrm. Czaja called the meeting to order at 7: 30 p.m. with Comm. Lane, VanMaldeghem, Schmitt and Rockne present. Absent were Comm. Stoltzman and Pomerenke. Also present were Judi Simac, City Planner and Cncl. Lebens. VanMaldeghem/Lane moved to approve the agenda as printed. Motion car- ried unanimously. VanMaldeghem/Schmitt moved to approve the minutes of September 5, 1985 as kept. Motion carried with Comm. Lane abstaining because of his absence at that meeting. VanMaldeghem/Schmitt moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:33 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 3 , 1985 Chrm. Czaja called the meeting to order at 7:33 p.m. with Comm. Lane, VanMaldeghem, Schmitt, Rockne and Pomerenke present. Comm. Stoltzman arrived later. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Lebens. Rockne/Schmitt moved to approve the agenda. Motion carried unanimously. Schmitt/VanMaldeghem moved to approve the minutes of September 5, 1985 as kept. Motion carried with Comm. Lane abstaining because of his absence. PUBLIC HEARING (CONT.) - PUD PRELIMINARY PLAT SHAKOPEE VALLEY SQUARE Rockne/Lane moved to open the public hearing regarding the Planned Unit Development Preliminary Plat of Shakopee Valley Square lst Addition, located at the northeast corner of the intersection of Hwy. 101 and CR17. Motion carried unanimously. The City Planner said the necessary submittals were received late, and therefore staff has not had sufficient time to review them. She showed the elevation drawings. She said the SPUC Manager indicated he wanted the water system looped throughout the project. She said the EAW was just received this afternoon, and therefore has not be reviewed. Wally Bakken, developer, went over the elevation map and spoke in more detail about the proposed construction of the improvements and the floor plans. Comm. Stoltzman arrived and took his seat at 7:46 p.m. The City Planner stated the campground office building is in the flood- plain and will need a permit from DNR to bring in fill. However, he is allowed to fill to the necessary elevation for siting the building. Chrm. Czaja asked if there were any comments from the audience. John Manahan, attorney for the developer, addressed in more detail the conditions listed in the memo from the City Planner. He said the abstract should be ready in two-three weeks to be examined by the City Attorney. He explained the development will have a phasing schedule as follows: the motel expansion and restaurant will be developed as soon as possible, the campground and utilities sometime during the winter, the utility units in the spring of 1986, and the remainder towards the end of summer, 1986. He added the water and electric plan has been approved by SPUC. biiaricp� yann_Lnb scion October 3, 1985 Page 2 Mr. Manahan said the developer is agreeable to working with the City � v Engineer on the apportionment schedule, as long as he has some input. Mr. Manahan said the changing of Bluff Street to a public right-of- way is acceptable to the City Engineer, and they will widen the drive- ways going northeast and southeast to accomodate snow removal. Further discussion followed regarding the City taking over this street. The City Admr. wants to be sure this is not going to be a nuisance remnant for the City to maintain. Cncl. Lebens wanted to insure the City retains the right to get to the public land. Schmitt/Rockne moved to refer to staff the issue of whether Bluff Street at this location should be public or private, to be brought back with a recommendation. Motion carried unanimously. Mr. Manahan read the statement that will be included in the rental agree- ment to satisfy the condition regarding removal of occupants and equipment in the event of a flood. Mr. Manahan enumerated the location and size of the various signs pro- posed. They will be asking for a variance for the overhang onto the public right-of-way. There will be an agreement among all the lots in the PUD for shared parking spaces. Mr. Bakken pointed out the overflow parking behind the efficiency units for employee parking. Comm. Pomerenke pointed out the barrenness of the parking lot and asked for consideration for some compact parking to allow some greenery. Mr. Bakken is planning some trees against the efficiency units. The City Planner said Mn/DOT has approved the change in alignment and two access cuts. Mr. Manahan said the developer has no problem with the requirements by the DNR as enumerated in the memo. He said the public roadway would be in the form of an easement, but they didn't expect cars to be driving on it. Chrm. Czaja asked staff to look further into this. Chrm. Czaja asked if there were any other comments from the audience, and there was no response. Schmitt/Rockne moved to continue the public hearing to October 22, 1985 at 7:00 p.m. Motion carried unanimously. PUBLIC HEARING (CONT.) - PRELIMINARY AND FINAL PLAT MERIDEN ADDITION VanMaldeghem/Rockne moved to open the public hearing regarding the appli- cation for Preliminary and Final Plat of Meriden Addition and an applica- tion for rezoning this property. Motion carried unanimously. Chrm. Czaja stated there is a letter on file requesting this hearing be continued to November 7, 1985. Chrm. Czaja asked if there were any comments from the audience, and there were none. Rockne/Stoltzman moved to continue this hearing to November 7, 1985. Motion carried unanimously. October 3, 1985 Page 3 I � PUBLIC HEAPING - OTTERBLAD CONDITIONAL USE PERMIT Rockne/Pomerenke moved to open the public hearing regarding the appli- cation by Reed Otterblad for a conditional use permit to maintain a commercial dog kennel at 9186 Boiling Springs Lane. Motion carried unanimously. The City Planner went over the background of this request and stated there is a letter on file from Melissa O'Rourke and Joseph J. Skoda, which does not object to Mr. Otterblad's present dogs, but requests a precedent not be set for the establishment of true businesses in that neighborhood. Staff recommends approval of the request with conditions. J. Patrick Leavitt, attorney and interpreter for Mr. Otterblad, who is deaf and dumb, stated the area is fenced in, it is a 21-2 acre parcel, and the request is only for his own dogs--not a commercial use. Chrm. Czaja asked if there were any comments from the audience, and there were none. Schmitt/VanMaldeghem moved to close the public hearing. Motion carried unanimously. Schmitt/Stoltzman offered Conditional Use Permit Resolution No. 429, allowing the maintenance of a commercial dog kennel, subject to the following conditions: 1. The applicant shall apply for a building permit for the existing fence. 2. Applicant to keep only his own dogs and not operate a com- mercial kennel. 3. One year reviewal. 4. Applicant keep no more than 4 adult dogs. Motion carried unanimously. PUBLIC HEARING - DUBOIS CONDITIONAL USE PERMIT Rockne/Lane moved to open the public hearing regarding the application by John DuBois for a conditional use permit for a seasonal recreational vehicle campsite. Motion carried unanimously. The City Planner said the Ass't City Attorney's interpretation is this type of use would fall into the Commercial/Recreational classification for zoning, but he advised the formation of a more detailed ordinance. The proposed Recreational Vehicle Ordinance is not in effect yet, and therefore the applicant doesn't have to meet those requirements. The City Planner said the DNR was favorable in its reviewal of the plan, as it is located next to the Minnesota River Valley Trail. She said the State has criteria regarding recreational vehicle parks, which are to be open from April to November, with annual permit renewal. Staff recommends approval of this request, with conditions, which she read. Steve Harvey, of Valley Engineering of Prior Lake, spoke on behalf of the developer. He said they have no objection to widening the road to 20 feet, but to go 22 feet they would have to cut down some mature white 0C1-1aKCpCL_: i i i...i b October 3, 1985 Page 4 oaks. He said there are two wells on site, and they plan to have a water tap at each. They plan to pick up sewer waste with a small mobile unit and transport it to a waste dump facility. They plan all pull-through sites, except one. if they had to put in three 22 foot roads, the spaces would have to be back-in. Mr. DuBois said he owns the road down to the trail access. There is no trail head in the immediate vicinity of this site. Mr. Gehl Tucker, attorney representing Mr. DuBois, said the applicant is not at this time considering renting bicycles to the DNR. That is just an option that was mentioned by the DNR. Discussion followed regarding screening for the residence to the east. Comm. Schmitt said he received a phone call from Carl Bird, 1603 West Third, who is the owner or occupant of the residence to the east of this site. Mr. Bird is concerned about the numerous near misses at the cross- ing in front of his home, the issue of increased traffic, the trail head end and lack of protective fencing at the substantial drop off to the river bed at the back side. Discussion followed regarding the merits of protective fencing. Further discussion ensued regarding the road alignment and traffic flow. Comm. Schmitt maintained a vehicle pulling a trailer would have a hard time at the turn around, and 3rd Ave. is an unimproved street. Comm. Schmitt suggested a limitation on the size of the recreational vehicle to discourage its use as a temporary holding area for mobile homes. Mr. Tucker objected to that as a condition, as it is clear from the recommended condition regarding the length of occupancy that it would not be used as a permanent or lengthly temporary residence. He denies the length of the vehicle has anything to do with the length of the stay. There was a suggestion of protective fencing from the railroad tracks, with discussion following. Mr. DuBois stated safety is a concern of his and he plans to incorporate something to make it safer. Mr. Tucker clarified that he doesn't think there is any encroachment of the neighbor's property with the existing access. If there is any prob- lem the access on the north side can be moved somewhat. Further dis- cussion ensued regarding the road system. Comm. Schmitt pointed out the need for another option, especially when a train covers one access. He suggested an easement from the neighboring property. Mr. Tucker stated the road system asked for is a turn-around, with a cul-de-sac at the end. Doris Person asked if there would be electrical hook-ups. Mr. DuBois replied there would be water and electrical .to each site. He explained with the office in the middle of the site, this should cut down on the back-up of vehicles. Chrm. Czaja asked if there were any other comments from the audience, and there was no reply. Schmitt/Stoltzman moved to close the public hearing. Motion carried unanimously. October 3, 1985 Page 5 Schmitt/Stoltzman offered Conditional Use Permit Resolution No. 430, for seasonal recreational vehicle campsite, and moved its adoption subject to the following conditions: 1. The developer must obtain a recreational camping license from the Minn. Dept. of Health. 2. The developer must obtain a permit for water supply from the DNR. 3. The access road must be 22 feet in width. 4. The development shall operate from April 1 to November 1 of each year. 5. Fire lanes shall be posted. 6. No permanent occupancy will be permitted. Continuous occu- pancy extending beyond three months in any 7 month period shall be considered permanent occupancy. No wheels of the recreational vehicles may be removed except for temporary repair. 7. Trash area must be screened. 8. Applicant must supply screening along the easterly residen- tial boundary in accordance with the requirements of the Code. 9. This permit will have a one year reviewal. 10. If 3rd Avenue is updated the applicant is required to make a reasonable attempt to secure an easement from the adjoining westerly property owner to provide the option of a one way traffic flow. 11. Final building permits shall be withheld until such time as applicant provides site drawings showing the turn-around at the westerly boundary line, based on engineering standards acceptable to the City Engineer. 12. Applicant enters into a Hold Harmless Safety Agreement with the City. 13. Written legal opinion is required that applicant has sufficient right to the existing encroachments to allow him to expand or intensify the use. Motion carried with Comm. Lane opposed. Schmitt/VanMaldeghem moved to recess for five minutes at 9:25 p.m. Motion carried unanimously. Chrm. Czaja called the meeting to order at 9:34 p.m. PUBLIC HEARING - PRELIMINARY PLAT APPROVAL PRAIRIE HOUSE ADDITION VanMaldeghem/Pomerenke moved to open the public hearing regarding the preliminary plat of Prairie House Addition. Motion carried unanimously. Chrm. Czaja pointed out that all of the issues have not been resolved and staff recommendations are not complete. The City Planner explained the recent revision in the plat, making two less lots. The City Planner said one of the main issues with this plat is that staff feels the frontage road should tie into the signalized intersec- tion at Valleyfair, and not have another access onto Hwy. 101. After a meeting with Mn/DOT today, it is Mn/DOT's preference also, with a second alternative being the separate access onto Hwy. 101. The tie- in with Valleyfair is feasible from an engineering standpoint, but the easement does not extend to the road and Valleyfair is not interested in granting an easement. Mn/DOT is also concerned with a private lift October 3, 1985 l Page 6 station in the public right-of-way. The City has the same concern. These issues were not resolved today. Comm. Schmitt suggested petitioning Mn/DOT for the construction of the frontage road all the way from the Blue Lake Treatment Facility to Valleyfair. The City Admr. said it didn't appear likely, but it could be pursued further. Bill Brezinski, 671 110th Avenue N.E. , Blaine, said he is the engineer for the developer, and this is a difficult property to develop because of the lack of City facilities and its location in the floodplain. In order to build in a floodplain they have to dike or raise the elevation. At this time plans are to raise the elevation in the front part and not to do anything to the back at this time. He explained a 120 unit motel is proposed, with a Prairie House restaurant adjoining. In order to accomplish their construction schedule and have the motel open by April 13, 1986, they need to get the utilities in now. They have preliminary approval from Mn/DOT for their grading plan. Mr. Brezinski explained it is less costly for the developer to have access at the signalized intersection because for the separate access they have to construct acceleration and deacceleration lanes on Hwy. 101. They are hoping to accomplish the connection without disrupting Valleyfair's traffic, and have suggested moving the lots over. Tom Worthington, U.S. Fish & Wildlife, 4101 E. 80th Street, Bloomington, Minnesota, said his agency has every intent to purchase this property but does not have the funds at this time. As a matter of principle they oppose any development, but as a practical matter, they recognize it. Their concern is over a stream on the east boundary that flows into Blue Lake, which is used heavily by migratory waterfowl. They are con- cerned that surface water run-off be contained on site during construc- tion to eliminate pollution problems. He said a State trail is also planned between Blue Lake and the highway, although the location is not established. He wondered if there was a chance for the dedication of open space for trail right-of-way in the development of frontage roads. He would also be interested in seeing the grading plan, as he is concerned with the amount of fill being proposed. He would also like to see the surface storm water plans. Comm. Schmitt responded he would think the trail alignment would be to the rear of Blue Lake and Valleyfair, at the undeveloped portion of the property. Chrm. Czaja asked for other comments and there were none. Schmitt/Rockne moved to continue the public hearing to November 7, 1986. Walt Whitman, representing Valleyfair, explained that it is for safety reasons that they don't want this development to tie into the intersec- tion. As proposed, the road would wipe out stacking lanes. They have 4 stacking lanes now, and they are going to 5. He said at least 13 times this year the traffic was backed up to the highway. There are 25,000 cars coming to Valleyfair--coming and leaving at roughly the same times. He said they would love to have this development as a neighbor, but they are very concerned about safety in the proposed tie-in. October 3, 1985 Page 7 Tom Lions, 2105 Flagg Street, St. Louis Park, said he is working with the developer, and he agrees it would be extremely difficult to tie in without disturbing the traffic at Valleyfair. MnDot has indicated the separate roads as proposed with the additional lanes are acceptable to them. He added they have tried to respond to every concern on the part of the various departments and agencies, and they are trying to meet deadlines to get construction started this fall. He understood they were in the position tonight to get preliminary approval, subject to permits from Mn/DOT. Chrm. Czaja explained that staff has not had adequate time to respond to the submittals, and the Commission will not make a recommendation without staff's recommendations. Discussion ensued regarding hearing this item on the 22nd. Motion carried unanimously. PUBLIC HEARINGS - PRELIMINARY AND FINAL PLAT CANTERBURY APARTMENTS 1ST ADDITION AND CONDITIONAL USE PERMIT VanMaldeghem/Pomerenke moved to open the public hearing regarding the preliminary and final plat approval of Canterbury Apartments 1st Addi- tion. Motion carried unanimously. Schmitt/VanMaldeghem moved to open the public hearing regarding a con- ditional use permit to develop a 92 unit planned unit development multi- family apartment building. Motion carried unanimously. The City Planner explained that these issues are so mixed that she thought they should be considered together. She went over the back- ground of the preliminary and final plat and recommended approval with conditions. The City Planner went over the background of the condi- tional use permit and the revisions made in response to staff concerns. Staff now recommends approval of the conditional use permit subject to four conditions, which she placed on the blackboard. Tim Keane, representing Scottland, Inc. , the developer, stated they tried to incorporate architectural qualities consistent with residential nature of the uses to the north and south, created a courtyard to provide sig- nificant usable interior space, consolidated the parking, and pulled the building into the site so as to not impose on the residential areas to the north. They propose a 3 story building with underground parking and at-grade parking. They held a neighborhood meeting to solicit comments and made modifications to the plan in response to concerns. He pointed out the site will be generously landscaped with 114 principal plantings. They plan a 3 foot picket fence around the perimeter to create harmony with the surrounding area and additional privacy for the residents. Vern Hanson, Project Architect, further explained the design of the build- ing which attempts to integrate the concept of single family residence into the building design. October 3, 1985 Page 8 ' Jim Benshoof, of Benshoof & Associates, traffic engineer, submitted his resume showing the credentials of himself and firm, and presented traffic counts on the overhead projector. He made traffic forecasts for various road connection scenarios, and presented reasons for the connection to Shakopee Avenue and 10th Avenue. He went over his projections of the effect of vehicular and pedestrian traffic on Shakopee Avenue, 10th Avenue and CR17, with the conclusion that there would be no adverse affects on any of the streets because of this development. Mr. Keane gave more detail regarding the proposed apartment unit. He said he doesn't believe the parking problems created by Candlewyck can be transferred to this development because of the greater number of parking spaces, with half of them being heated and underground. This development also has ample snow storage space. Cncl. Lebens leaves at 10:55 p.m. Mr. Keane clarified that this is not a low-income or subsidized project. They are seeking Housing Revenue Bonds, and as a requirement 20% of the total units must be made available to people at or below 80% of the medium income for the metro area. This medium is in excess of $32,000. Therefore 20% of the residents must be making less than $26,250. With 30% of their income to be spent on housing, equates to $626 per month rent. They plan to rent one bedrooms for $425-$450 per month and 2 bedrooms for $525-$550 per month. They plan to have a very high quality housing. The three market groups they are aiming for are the empty nesters, young couples not yet ready to buy a home and single individuals who prefer to rent. This is designed for the people of Shakopee, not seasonal employees of the racetrack. The taxes generated will run between $135,00 and $160,000 per year. Further discussion ensued regarding the traffic projections. The City Planner stated the County Engineer would not approve an access onto CR17. Comm. Lane suggested only one access onto 10th Avenue, but others objected to only one access. Mr. Keane said they have no plans to develop the rest of the property, and the zoning code doesn't allow it. The extra area is designed to function totally as open space, which is an encumbrance that runs with the property. Comm. Schmitt wanted that space specifically defined as open space. Mr. Bruce Malkerson, with Scottland, stated they would agree to put whatever appropriate language is necessary to preclude development without approval in that extra open space. Mr. Hanson clarified that the 35 feet would be the maximum roof height. Comm. Schmitt asked for profiles. Discussion followed. Suggestions were given for some of the plantings to protect the neighbors. Chrm. Czaja asked for comments from the audience. John Eide, 1091 East Shakopee Avenue, lives a half block from this pro- perty. He complained of the parking problems caused by the existing apartment buildings and the softball parking during the summer. He said is is difficult to back out of his drive-way. Traffic is his main concern. He doesn't want to take the expert testimony based on one day of observation. He would like a traffic study done during the various seasons. October 3, 1985 Page 9 Mr. Eide also asked about safety factors concerning the swimming pool. The City Planner responded that any pool must be enclosed by a fence with specific requirements. Mark Mores, 1273 East Shakopee Avenue, asked about the location of the drive-way on Shakopee Ave. He is also mainly concerned with the traf- fic and if the headlights will be screened as the cars come out onto Shakopee Ave. He doesn't know why the traffic should come off onto a two lane street when there is a 4 lane street that can be used. Mike Pearson, 1255 East Shakopee Avenue, asked for an explanation of the letter sent out to notify them of this hearing. The City Planner explained the PUD process, in which variances can be granted. In this particular project, the only variance requested is for the height. Mr. Pearson said when he backs out of his driveway he has to wait for traffic. He would prefer not to have any more large apartment units in his neighborhood. He just moved there a year ago, and if he knew this was proposed, he wouldn't have moved there. He paid a good amount for his house and doesn't want the value lowered by being surrounded by apartments. Kathy Obecksam, 1006 Shawmut, asked how this development is going to affect the schools. Chrm. Czaja responded that his understanding is that right now the schools are looking for kids. Comm. Schmitt added that from the information relative to referendum, the population in the school districts has declined approximately 100 students per year for the past 5 years, with it appearing to stabilize for the first time this year. He further discussed the greater population in this area of town due to development pressures. John Nelson questioned the traffic information and said with the speed of 40 m.p.h. it is a very hazardous area. He thinks this is allowing a bad situation to become worse by not solving the traffic problem that exists now. He lost a full grown tree last night, which was damaged by a vehicle. Joe Kreuser, Naumkeag Avenue, asked why there are 90 units going in a one block area when there is already problems with traffic and schools. He would like it cut down smaller, to get in more people who care about where they live and more tax revenue. He asked about all the people who move in and out. Comm. Schmitt explained it is not up to the Commission to say no to the basic structure, which is totally within the ordinance except for the height proposed. The property has been zoned R-4 since before 1972, and been for sale as R-4 for many years. John Lube, 1265 East Shakopee Avenue, asked if the residents across the street will get stuck with paying for street improvements if any are made. Chrm. Czaja responded that there are no street improvements re- quired. October 3, 1985 Page 10 Chester Zadra, 1053 Shawmut, said he has nothing against the apartment building itself, but the density is too great. Chrm. Czaja explained that the Planning Commission is only addressing that issue which doesn't meet the requirements, which is the roof height. Comm. Schmitt added if the developer put in a flat roof, they wouldn't even be here at a meeting. The application for a conditional use is an opportunity to review the project, and the developer has made changes in response to staff concerns and neighborhood concerns. Pam Johnson asked about the length of the leases. She thinks a 6 month lease is asking for seasonal people. John Eide said he has only had his house about 4 years, and most of his time has been spent in apartments. He doesn't think there is enough parking spaces, and he is concerned with parties and intoxicated people. Mary Ann Shadrim, 1056 Shawmut, asked how the City is involved with the finances and bonding and how it will affect taxes. Chrm. Czaja asked for any further comments from the audience, and there was no response. Chrm. Czaja asked the developer to respond to the concerns. Bruce Malkerson, officer with Scottland, reiterated the background of the experts working on the project and said they are trying to do what is right on this property. This property is zoned for apartments. He stated they could have built a cheaper, flat roof building and not have gone through this process at all--but they believe this is a better project for themselves and the City. He said the underground parking is $2,000 per unit underground. He emphasized their reputation and the landscap- ing which will be done to eliminate problems with neighbors. Mr. Malkerson explained that the Housing Revenue Bonds is all their money being pledged, with the interest rate lower than conventional loans. With that savings, they can add amenities to the project. Mary Bemis, 1029 Legion, asked if they will do the project if they don't get the bonds. Mr. Malkerson replied that they will take a very hard look at whether or not they will do the project, if they don't get the bonds. Mr. Malkerson said he doesn't believe there e7ill be a problem with parking, but if there is they can add parking spaces. He added that all the apartment units in the area have 6 month leases. He clarified that there are 3 distinct racing seasons at the racetrack, with dif- ferent people for each season, and a 6 month lease would be beyond any of them. Mr. Malkerson stated that from his heavy research into market values of single family dwellings next to multi-family show there is no dimunition of value on adjacent single family structures. Studies by the Met Council come to the same conclusion. He gets the same opinion from the County Assessor. October 3, 1985 Page 11 Comm. Schmitt commented the average tax per unit will be $1500 per year, which is fairly equivalent to single family homes in the area. He said it is that high because it is non-homestead. Mr. Malkerson said the County years ago obtained the appropriate right- of-way for CR17. He said the trees in the right-of-way were planted long ago and aren't theirs. They don't intend to plant any trees in the right-of-way. VanMaldeghem/Lane moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Lane moved to recommend to City Council Preliminary and Final Plat approval of Canterbury Apartments lst Addition, subject to the following conditions: 1. Name of the plat be changed to Canterbury Apartments lst Addition. 2. Approved Title Opinion by the City Attorney. 3. Park dedication fee be paid prior to recording of the plat. Comm. Schmitt informed the audience that regardless of the outcome of the vote, there. is a 7 day appeal period. Motion carried with Comm. Stoltzman opposed. Pomerenke/Rockne moved to approve a conditional use permit to develop a 92 unit planned unit development multi-family apartment building, subject to the following conditions: 1. Approval of building plans by Building Official and the sub- mission of an elevation drawing with the open space in the south portion identified. 2. Stop signs be placed where private drives enter onto public roads. 3. In order to meet the requirements of the Fire Chief, water system be looped as required by SPUC. 4. Landscape and lighting plan to be approved by City Planner. Motion carried with Comm. Stoltzman opposed. Lane/Rockne moved for a five minute recess at 12:30 a.m. Motion carried unanimously. Chrm. Czaja called the meeting back to order at 12:35 a.m. PUBLIC HEARING - CITY CODE AMENDMENT - RECREATIONAL VEHICLE ORDINANCE Lane/VanMaldeghem moved to open the public hearing regarding the pro- posed amendment sought by the City of Shakopee to consider the amending of Shakopee City Code, Chapter 11, Land Use Regulation (Zoning) , to establish a recreational vehicle ordinance. Motion carried unanimously. The City Planner said Project Engineers, Inc. has submitted a letter with various concerns regarding a recreational vehicle ordinance, and makes comments on the proposed ordinance. The City Planner said the proposed ordinance is designed to define recreational vehicles, and specific areas and criteria for the develop- ment of a recreational vehicle park as a conditional use. She went October 3, 1985 Page 12 i through the ordinance and made some clarifications, pointing out those criteria that are based on State law and DNR regulations. Discussion ensued regarding the requirement of 20 foot sideyard set- backs. The City Planner explained that most of the property platted require a 20 foot drainage and utility easement. She suggested the access road could go in the setback, but no bays. Discussion followed. The City Planner suggested adding to Section 7, No. 5 "10 foot setback from property line." No. 8: Take out "Minimum of", and just start with "Trees. . ." Commissioners were comfortable with the districts in which this is allowed as a conditional use. Consensus was to limit the length of an RV to 35 feet, to discourage more than temporary residency. The City Planner clarified the 22 foot wide access road did not include the bays. Consensus was to add "10 feet" to Page 3, No. 2. Consensus was to limit the bays to 50 feet long and 3000 square feet. No. 43 maximum density should include "28 recreational vehicles per usable acre." Chrm. Czaja asked if there was anyone in the audience who wished to com- ment on this issue. Martha Beery, of Project Developers, Inc., suggested putting Section 6.1 with Section 4.7 to clarify the accessory uses. Consensus was to take open space item out of the accessory use section and separate them com- pletely. Ms. Beery suggested changing accessory uses from "solely" to "primarily" for the use of the park so the convenience sales could be available to the nearby area. The City Planner disagreed with that suggestion, as that would be getting into the B-1 type zoning. Consensus was to not change that item. Ms. Beery objected to limiting the length of the trailers in an effort to limit the length of the stay. She thought the two issues were separate. Peter Beck, attorney working with Joe Koskovich, said he doesn't think the length of vehicle has any direct relationship to the length of the stay, and the length of stay will have to be policed anyway. Mr. Beck also asked for consideration to a narrower access road if the developer has a one-way traffic system, with no parking along it. The City Planner responded that the Fire Chief requires a 20 foot road so fire trucks can pass. A suggestion was made that the blacktop wouldn't have to be 20 foot, if the right-of-way was sufficient. The City Planner will bring that issue back to the Fire Chief. Shakopee Planninb Commission October 3, 1985 Page 13 Consensus was to eliminate a trailer limitation. Mr. Keane asked if this use was consistent with the intentions of an Agricultural zone. The City Admr. said this creates a whole new density issue in the AG zone. The City Planner will address the zon- ing districts further. VanMaldeghem/Schmitt moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Pomerenke moved to table further consideration of this proposed ordinance pending staff research on various issues raised tonight. Motion carried unanimously. DISCUSSION - FINAL PLAT OF FOX RUN 1ST ADDITION Comm. Lane asked for consideration for the dedication of wetlands for protection. VanMaldeghem/Schmitt moved to recommend to City Council approval of the Final Plat of Fox Run 1st Addition, subject to conditions as follows: 1. Approval of Title Opinion by City Attorney. 2. Execution of a Developer's Agreement for the construction of the required improvements: A. In lieu of park dedication, cash payments be made to the City at the time of issuance of building permits. B. Electricity be installed in accordance with the require- ments of the SPUC Manager. C. Street improvements be made in accordance with the Design Criteria and Standard Specifications of the City of Shakopee when petitioned by either the developers or the future owners of Lot 1 or 2, with the developer waiving all rights to a hearing on the proposed assessment. 3. Dedication of ten foot drainage easement and utility easements around the perimeter of each lot. 4. The final plat shall indicate by document number the dedicated right-of-way which is intended to provide access to Martindale Drive. Motion carried unanimously. INFORMATIONAL Comm. Schmitt said the sales by Angelrock are being conducted in the old Stagecoach property, and therefore he thinks the "No Parking" signs are warranted and should be petitioned for. Consensus was to not accept the staff review until this item is taken care of. Lane/Schmitt moved to direct staff to look into a requirement that exist- ing wetlands be dedicated on all plats as drainage and utility easements. Motion carried unanimously. October 3, 1985 Page 14 Schmitt/VanMaldeghem moved to accept the staff review of C.U.P. #374, Brooks Superette, with the requirement that the following conditions be met by December 31, 1985: 1. The applicant shall petition for sidewalks along CR17 and waive all rights to a hearing and appeal to the assessments; 2. The applicant shall agree to dedicate the necessary right- of-way along CR16 if and when CR16 is realigned to the south; and to place the annual review on the January meeting agenda. Motion carried unanimously. The City Planner informed the Commissioners of a joint meeting scheduled with the City Council for October 22, 1985 at 8:00 p.m. to discuss a Racetrack Development Zone. Lane/Stoltzman moved to direct staff to contact Bill Anderson, 1066 Van Buren Avenue, and request he apply for a home occupation permit. Discussion followed regarding active pursuit of those with illegal home occupation. Comm. Pomerenke feels if no one complains, to leave it alone. Motion carried with Comm. Rockne, Pomerenke and VanMaldeghem opposed. Schmitt/VanMaldeghem moved to adjourn. Motion carried unanimously. Meeting adjourned at 1:51 a.m. Judi Simac City Planner Diane S. Beuch Recording Secretary /3 PROCEEDINGS OF THE PLANNING COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA SEPTEMBER 19, 1985 Chrm. Czaja called the meeting to order at 7:36 p.m. with Comm. Schmitt VanMaldeghem, Lane and Rockne present. Comm. Pomerenke and Stoltzman arrived later. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Lebens. Lane/Rockne moved to approve the agenda as listed. Motion carried unani- mously. PUBLIC HEARING (CONT.) - CANTERBURY VILLAGE IST ADDITION CONDITIONAL USE PERMIT Rockne/Lane moved to open the public hearing regarding the request for a conditional use permit to construct 62 units of residential rental on a single lot upon the property located on Lot 2, Block 1, Canterbury Village 1st Addition. Motion carried unanimously. The City Planner went over the background of the request and the few items that were to be resolved for this hearing. Comm. Pomerenke arrived and took his seat at 7:38 p.m. Bill Engelhardt, engineer for the developer, stated that the County Engineer indicated that upon submittal of the proper application, he will approve the three requested driveway cuts, with some conditions for culverts and possibly turn lanes. He also related the information he obtained from a landscape architect regarding various trees and shrubbery and the minimum required topsoil depths for each. He indicated where the topsoil is not deep enough, they will berm, in order to meet the landscape specifications. He pointed out the three separate tot lot areas. He explained that with the market they are aiming for, they don't expect a lot of children. The developer is also willing to install a bituminous walk-way to the right- of-way for Ramsey. He indicated the turn-around areas which satisfy the Fire Dept. concerns. He commented that as far as snow removal, what can't be stored, will have to be trucked out. He showed a brochure of heavy wood climbing type equipment, which is on the order of what they intend to install in the tot lots. Gary Laurent, developer, said they have had second thoughts about the name of the development as they are concerned that it not be confused with other areas. He indicated they have decided to change the name to Steeplechase, for the plat and the project. Mr. Laurent further clarified the objectives of the development and the type of people they forsee will be living there. The two main types of market groups would be the young professionals and the empty nesters. He showed a design concepp of the units and a typical floor plan and pointed out the amenities. He also detailed the construction features and eleva- tions. He said they want a "New England-type" flavor to the project. He further detailed the maintenance program reasons for the choice of materials. He plans the majority of the maintenance will be lawn care and snow removal. 51i��ccl c� rl�c:...�:b t,o Fission September 19, 1985 Page 2 Discussion ensued regarding the strict enforcement of the fire lanes and turn arounds. Mr. Laurent suggested looking into including the language in the lease agreement. He also pointed out that because of the excess parking provided for each unit, there shouldn't be too much problem with over-flow parking. Chrm. Czaja asked for comments from the audience. Someone asked about driveway access in the project, and Mr. Laurent explained in detail. VanMaldeghem/Rockne moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Schmitt moved to approve Conditional Use Permit Resolution No. 426 subject to the following conditions: 1. Canterbury Village 1st Addition be recorded prior to issuance of a building permit. 2. Submittal of a landscape and lighting plan in accordance with the City Code to be approved by the City Planner; said plan to include mixed use trees as specified in Condition No. 7. 3. County road entrance permits obtained prior to issuance of a building permit. 4. All requirements of Uniform Fire Code be met including place- ment of hydrants, construction of turn cul-de-sacs and building identification. 5. Dedication of utility easements for sanitary sewer, water and storm sewer. 6. Installation of street and stop signs where streets intersect CSAH 16. 7. Mixed planting of a major deciduous and evergreens at one per each unit. 8. Construction of a bituminous walkway along CSAH 16 and to the Ramsey Street right-of-way. 9. Install and maintain sufficient on site play areas. Motion carried unanimously. DISCUSSION - FINAL PLAT OF CANTERBURY PARK 1ST ADDITION The City Planner commented on the issues still outstanding regarding this request for final plat. She said she has not received a formal written response from SPUC, but did hear verbally from the SPDC Manager regarding looping the water service, in which he said when Citation Drive was ex- tneded, the system would have to be looped. She explained that the De- veloper's Agreement is recorded along with the plat, so the conditions are binding and continue with the plat. Chrm. Czaja asked if there were any comments from the audience, and there were none. Schmitt/Rockne moved to recommend to City Council Preliminary and Final Plat approval of Canterbury Park lst Addition, subject to the following conditions: 5tlaKopee ri: nning September 19, 1985 Page 3 1. Approval of a Title Opinion by the City Attorney. 2. Execution of a Developer's Agreement for the construction of the required improvements: A. Installation of the water system in accordance with the requirements of the SPUC Manager. B. Installation of the street lighting in accordance with the requirements of the SPUC Manager. C. Sanitary Sewer and Storm Water system to be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. D. Streets and street signs to be constructed in accordance with the requirements of the Design Critera and Standard Specifications of the City of Shakopee. Citation Drive may by constructed with a temporary cul-de-sac with bituminous curbing. E. The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appeal the apportionment. F. In lieu of land dedication, a cash payment should be made to the park fund at the time building permits are issued. G. No building permit shall be issued for Outlot A until it is replatted. 3. The City Engineer must receive and approve all final plans and specifications for all public facilities, including but not limited to, roads, sanitary sewer, storm sewer, drainage, over- lot grading, etc. 4. The developer shall be required to petition for the rehabilita- tion of Valley Industrial Blvd. North, or be required to cons- truct Valley Industrial Blvd. North where it fronts this plat, as directed by the City Council of the City of Shakopee. Motion carried unanimously. Rockne/Vierling moved for a five minute recess at 8:29 p.m. Motion carried unanimously. Chrm. Czaja called the meeting back to order at 8:36 p.m. DISCUSSION - RECONSIDERATION OF ZONING DISTRICTS IN THE VICINITY OF CANTER- BURY DOWNS The City Planner went over the memo she prepared giving background of zon- ing issues which developed because of the siting of Canterbury Downs, beginning with the moratorium on development imposed by the City in the summer of 1984, and the two studies that were undertaken during that time. Some changes were made after those studies. Then in April, 1985 City Council and Planning Commission met jointly to discuss rezoning requests. The outcome of that meeting was a joint consensus to consider requests case by case and lack of support for spot zoning proposals. Comm. Stoltzman arrived and took his seat at 8:41 p.m. Despite recent decisions by the City Council against specific rezoning requests, more requests are still coming in. She pointed out that along with the rezoning requests, development continues within proper zones. biiaKopee rlanning Uommission September 19, 1985 Page 4 The City Planner stated her belief that the Comprehensive Plan is the basis for development in the City, and it will have to be revised if zoning changes are made. She stated the transportation system is the skeleton for development, and other components such as utilities, land limitations and use must follow that system. She emphasized the need for a long range view of development in the area. She went over the four alternatives for zoning that are outlined in her memo, and expanded on them. 1. Expansion of existing B-1 and B-2 zones. She pointed out the existing zones and possibilities for expansion around them. She reminded the Commissioners of the decision last summer that I-1 was more compatible than R-4 adjacent to the racetrack. 2. Creation of a PUD development zone in the vicinity of racetrack. The key consideration in this alternative is the agreement on the boundaries. This alternative would provide control of the site and its design. Last summer there was satisfaction expressed with the amount of business zoning present. She pointed out that the County is reluctant to upgrade CR16, as they don't want it to be a major access for the racetrack. Given the design of CR16, this would represent a negative for more development. 3. Creation of a floating zone. There could be all one zoning, with changes being made when development occurs. Any development would still have to pass questions of compatibility, transportation, etc. The City Planner doesn't like this alternative without a lot of clarification. 4. Do nothing and allow development to occur within existing zones. She emphasized how much depends on the by-pass and the MUSA line. She would suggest more aggressive lobbying to get the by-pass constructed, which will help to solve land use questions. Chrip. Czaja asked for comments around the table from Commissioners. Con- siderable discussion ensued regarding the various alternatives. Comm. Pomerenke commented that Burnsville utilized a floating zone, which could be researched further, as he thought it worked well. He repeated the comment he has heard about Shakopee being a "summer town". Comm. Van- Maldeghem cautioned against trying to be marketing experts by deciding what the City can support and concentrate only on the appropriate areas for certain development types. She likes the control of a PUD and would like that looked at further. Comm. Czaja also cautioned against using financial considerations in making a decision about zoning. Comm. Schmitt expressed his desire to see racetrack-complimentary development, and sug- gested looking at height limitations to preserve the view of the ridge. He wants to concentrate on getting the people to stop on the way to and from the racetrack, to spend some time and money in Shakopee. He isn't sure pure industrial is what should be surrounding the racetrack. Comm. Schmitt drew an area around the racetrack which he would suggest could be another zoning district--the Racetrack Development Zone, which would also incorporate the B-1 zone at CR16 and CR83, all of which would be development by PUD to be track-complimentary for potential track and industrial support businesses. He also suggested making all four corners of the interchange at the by-pass and CR17 B-1, which could be the com- munity development intersection. The interchange at the by-pass and CR83 would be the industrial recreational intersection. The City Planner clarified that with a PUD zone the City could still es- tablish uses, minimum lot size, height limitations and screening. The actual site design details would be a negotiation process. �uatcvpee rlunning l ournlsslcn September 19, 1985 Page 5 L Comm. Schmitt stated his suggested boundaries for this racetrack zone would be Fourth Avenue on the north, 500 feet west of Shenandoah Drive on the west down to CR16 on the south, incorporating the B-1 zone at CR16 and CR83 and then back to CR83 and north to Hwy. 101. Chrm. Czaja commented that the by-pass is really going to set the traffic pattern, which helps to set the development pattern, and he thinks there may be too much emphasis on the racetrack and not enough on the by-pass. He wants a longer-term planning effort which recognizes those changes. He doesn't want to use up all the sewer capacity now which will prevent further development along the by-pass. He said Shakopee has a negative image because of the traffic problems. . He also wants to get away from the negative picture being painted of industrial developments. He pointed out all developments must meet the new design criteria, and most new in- dustrial developments have a lot of landscaping and a pleasant exterior look. The City Admr. explained the future and present sewer and water availability south of town. He also suggested staff could research and take some pic- ures or slides of the development which has occurred around some other large facilities, such as the Met Center. Staff could also find out what has developed around other racetracks. He pointed out there would be some auxilliary commercial/recreational developments that can be put in an industrial zone with a conditional use permit. He also suggested going through various land uses, and list them, asking if the City wants any of these uses next to the racetrack or by-pass. Chrm. Czaja asked if this is an. exercise in futility, based on the City Council's reluctance to rezone previous specific development requests. The City Admr. suggested a motion asking for guidance from the City Council. Schmitt/Pomerenke moved for a five minute recess at 10:25 p.m. Motion carried unanimously. Chrm. Czaja called the meeting back to order at 10:36 p.m. All the Commissioners agreed that a change in zoning is needed, and a new zoning district around the racetrack would be a viable alternative. Chrm. Czaja differed, as he doesn't think this would be a long term solution. Schmitt/Stoltzman moved to direct a memo to City Council advising them that the majority of Planning Commissioners are concerned relative to development in the immediate vicinity of the racetrack, and they request City Council concurrence and direction to proceed with the examination of zoning districts which could lead to a planned development in the race- track area. Motion carried unanimously. Schmitt/VanMaldeghem moved to direct the City Planner to put together a list of various developments in the form of a questionaire to indicate which types would be appropriate in the racetrack development area. Motion carried unanimously. Schmitt/Pomerenke moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:51 p.m. Judi Simac Diane S. Beuch City Planner Recording Secretary SHAKOPEE BASEBAi L LIGHTINVSTADIUM COMA 17TTEE Meeting Minutes - October 14, 1985 The Meeting was called to order at 6: 15 PM by Chairman Schleper in the Community Services Board Meeting Room. Members present: Joe Schleper, Bill Schleper, Bert Noterman, Ray Siebenaler, Judy Techam (representing Bob Techam) , John Goihl, and George Muenchow. (Tim Riffe had excused himself) . A Financial Report listing contributions for the lighting project was presented. It totaled to. $19,725.00. Fund raising ideas were discussed: a. There is the long range possibility of securing an Amateur Baseball State Tourney in the future. The one for 1988 seems particularly appealing because that would be the 40th Anniversary of the big State Tourney in Shakopee in 1948. Apparently there is some sympathy on the part of State Officials for this idea. Joe Schleper will check with the Mayor of Chaska regarding a joint sponsorship. He also will check further as to what has to be done to make this project go. b. It was suggested that major industries be contacted (or re-contacted) in reference to assistance for the stands. Noterman will prepare a list and a plan will be laid out to be implemented. All members of this committee will be heeded. A list of those that have contributed $500.00 or more will be published. The dollar amount will not be stated. C. A night at Little Six Bingo was discussed. Siebenaler will check with Mrs. Dorr and Mrs. Hamilton for direction how to expedite this potential fund raiser. d. It was suggested that Dick Juba be contacted for a possible idea for a fund raiser at the Mall. It was felt that he is an innovative person that might have some ideas. The meeting was adjourned at 7: 15 PM. Respectfully submitted, George !�. Muenchow, Secty. ✓` �� Goy �� �` C _ f' t-'On' rz�-" i �--17•�S!.. f'/A s o S c. Liao . L-2 do /10 S�414 00 /o /fl-�o •�' �?;NNe.ro ( f�cc7IeAc Z—,�.r . .SJoa , 00 540 ,416"0 je Q VFj .<9 000 . 0 0 f 11 - 2 �/ • 9_ P Y „S'f1 R�v�o t o f FtzS r M4 4O. 4 1 d1l"e d1- /Y-01'f j Qu /400 , o'o V4 26o . oc or 7.z5". o D Z ,, Y ez_ A,--C_ October 6, 1 c Crit :CP�:E EA�77.L LIGHTS & SThLIUM CCf:f;Ii'i income : Lights y19, 7�5. OG Seats �0, 9o3. i9 Interest on checking Acct. 516. 5] Total 41 , ,�U4. (7 Eank Loan - First National bank 1 0. C00. CO Total Dollars Deposited in the checking account 551 , 204. 72 Expenses : 9-18-84 Macey Electric 5 , 908. 00 10-20-84 Harold Pass - Digging ',fork 400. 00 10-20-84 Dunnings Hardware - Painting Supp. 155. 06 10-20-84 Joe Schleper - Painting Supp. 31 . 92 11 -9-84 J.H. Larson Electrial Co. 10, 692. 00 1 -6-85 Danny's Construction 6, 327. 00 2-27-85 Anderson Excavating & Wrecking Co. 3,000. 00 5-10-85 Macey Electric 3 , 650. 00 5-12-85 Anderson Excavating & Wrecking Co. 3 , 000. 00 5-30-85 Carver-Scott Cooperative Center 22.00 5-30-85 Checking Acct. Expense 7. 50 6-8-85 Joe Schleper - Paint Supp. 24. 37 6-9-85 Dunnings Hardware - Dugout Expense 53. 91 7-1 -85 Macey Electric 21175.00 7-26-85 Anderson Excavating $ Wrecking Co. 3, 000.00 8-12-85 Shakopee P1ftblic Utilities Comm. 542. 00 Total 38, 988. 77 Balance in Check Book 10-6-85 212 , 215. 96 Bob Techam, Treasurer PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE Shakopee, Minnesota October 9 ,' 1985 khrm. Laurent called the meeting to order at 7 : 30 p.m. with the following members present: Steve Clay, Terry Forbord, Gary Laurent, Dan Steil, Ji.m Stillman, Joe Topic, Jerry Wampach and Tim Keane. Absent: Dor, Martin, P( te Sames and Bill Wermerskirchen. Also present; Jeanne Andre, Community Development Director, John Anderson, City Administrator, Tim Erkkila, Barb Cross and Dick Koppy, Westwood Engi.ne_�ring, Timm Nelson, Intc:ti:n and Becky Imes, Sh3kopr:e Valley News , The group proceeded to Lewis Street between 2nd and 3rd Avenues where the Public Works Dept. had laid out hoses in the street to simulate nodes at the alley-ways ..nd the intersections for parallel/angle parking combinations which leave room for 28 parking spaces per block at a 45 degree angle. In this way it was possible to visualize how a jog either in mid-block or at the intersections would affect traffic flow, parking and maintenance. The Committee reconvened in the Council Chambers at 8 : 10 a.m. Jim Stillman/Tim Keane moved to approve the agenda as presented. Motion carried. Tim Keane/Terry Forbord moved to approve the minutes of the September 25 , 1985 meeting as kept. Motion carried. Barb Cross presented two drawings, one showing the jog at mid-block and the other with the jog at the intersections. The number of parking spaces would remain the same regardless where the jog is located. Jim Stillman asked if it would be feasible to alternate sidewalk width in the same block. This would shift the sidewalk width from 12 ft. to 7 or 8 feet in every half block thus widening the street and decreasing the severity of the jog. Tim Erkkila said this would tend to amplify the difference visually between the two types. Amenities could not be considered for 7 or 8 ft. sidewalk but maybe the sidewalk could be kept more simple and have the more splashy amenities at the nodes. Dick Koppy expressed his opinion that it would be better to have switches at mid-block or have the parking all the same on one side of the street versus switching parking but that is a decision the Committee has to make. Several members agreed that the nodes were too severe and wondered if the nodes could be cut down and the jog eliminated entirely. They were especially concerned about snow removal and would like to see it kept simple so shoppers K,rould not have to concentrate on where they should be driving. Although he was absent, Bill Wermerskirchen had contacted the the Community Development Director favoring a simple plan for "shopping streets" without a jog. Chrm. Laurent determined that the basic issues are offsets and switching of parking within blocks . If we have no offsets it means there will be angle parking all on one side of the street and parallel on the other and the first thing to be decided is if we want to have both kinds of parking. Tim Erkkila pointed out that if the Committee is serious about changing parking options block to block they could use Hopkins as an example as we would have a similar sitt�.ation here. He stated "we are in Minnesota, not Phoenix or Flori-:<a" . He said they had indulged the group in showing all the options but it is his opinion that angle parking should be used on the North side of lst and 3rd Ave. although it is not so cl.ear on the North-South streets. They could plan a fairly clear way to do i.t based on land uses and street patterns on the East-West streets. Chrm. Laurent asked the Committee if it were at a point where it could make a decision not to consider offsets. Jim Stillman still liked the jog but not to such an extreme and again suggested changing sidewalk patterns mid-block and get street lines straight as he believes it would have a different appeal to everybody which no merchant should object to. Tim Keane favors simplicity of design, a traffic scheme that slows down traffic and is more pedestrian oriented. Terry Forbord/Dan Steil moved that the Committee request staff and Engineers to come up with a design with parallel parking on one side and diagonal parking on the other keeping nodes in the middle of the block with no jogs, and request the Engineer to come up with a grid-plan showing which sides of the street which type of parking should be on using traffic flow and density of businesses as a guide. The motion did not carry. More discussion followed on sidewalk width and changing parking options. Committee will have to decide if it wants to trade off amenities for straighter streets. Terry Forbo,_d/Steve Clay revised the previous motion and directed Westwood to come back with drawings on bath schemes (all parallel parking on one side and all diagonal parking on the other side of the street and the other - switching parking and sidewalk width in mid-block and retaining a jog) so a decision can be made at the next meeting. Motion carried. Dick Koppy reported that the installation of storm sewer is about 95% complete at the parking lot. Next week the top soil, gravel and asphalt will be removed and concrete work should be complete. Paving can be done if the temperature is above 1� freezing and rising for asphalt and above 50 degrees for concrete. The Community Development Director reported that we are waiting for an appraisal and revised analysis before we can proceed with the Housing Alliance downtown housing project. The City Administrator said the City Hall Siting Committee won' t have a decision on a City Hall site for at lease a month, as the Administrator will be on vacation. Jim Stillman/Dan Stiel moved to adjourn at 9 :10 a.m. Motion ca rie:�. The next meeting will be held October 23 , 1985 at 7 : 30 a.m. Darlene Schesso Recording Secretary MINUTES INDUSTRIAL COMMERCIAL COMMISSION SHAKOPEE, MINNESOTA OCTOBER 9, 1985 MEMBERS PRESENT: John Anderson, Chamber of Commerce Liaison Jane DuBois Al Furrie Jim O'Neill Paul Wermerskirchen, Chairman GUESTS PRESENT: Jeanne Andre, Community Development Director Bob Stern, Department of Economic Development MEMBERS ABSENT: Anthony Berens, Shakopee Development Corp. Liaison Tim Keane John Manahan Chairman Wermerskirchen called the meeting to order at 5:07 p.m. in the City Council Chambers at City Hall. MINUTES On a motion by Al Furrie, seconded by Jim O'Neill, the minutes of the August 14, 1985, meeting were approved. GUEST SPEAKER Chairman Wermerskirchen introduced Mr. Bob Stern, Star City Coordinator for the Department of Economic Development. Mr. Stern explained that he is based in St. Cloud and covers the entire state of Minnesota. He noted that there are 30 Star Cities in Minnesota, and the Star City program began in 1981 . Mr. Stern stated that the two main benefits to becoming a Star City are that Star City designation will earn the community recognition as a city able to attract the attention of business and industry, and quarterly luncheons with the Minnesota Department of Energy and Economic Development Commissioners and other state officials will provide the latest information on economic development programs. To become a Star City, Mr. Stern explained that community representatives must attend the Annual Star Cities Training Conference as well as complete the following 11 tasks: 1 . Establish an organization responsible for the community's economic development. (A local unit of government must designate this responsi- bility by resolution. ) 2. Create a local development corporation. 3. Assess the community in a profile. (To be updated yearly. ) Industrial Commercial Commission -',--Ctober 9, 1985 Page 2 4. Draft a five-year plan and strategy for economic development. (First analyze the community in depth, then analyze economic development strengths and weaknesses. ) 5. Complete a one-year work program and define strategy which relates to the five-year economic development plan. 6. Produce a slide (or video) presentation of the community. (A great sales tool. ) 7. Survey labor in your community and area. (Usually updated every three years. ) 8. Make a five-year capital improvement plan. 9. Publish a marketing fact brochure for potential developers and industry. 10. Develop an annual survey of community industries to determine their expansion/relocation plans and their legislative concerns. (Emphasize business retention and expansion of existing industry. ) 11 . Market your city successfully to an industrial client. (The Division of Business Development will provide a site-selection criteria model for the city's marketing team. ) Mr. Stern noted that three new people have been added at the state level to give technical assistance to city's striving for the Star City designation. He also noted that once the Star City status has been achieved, the following steps must be completed yearly to retain the status: 1 . Update the community profile. 2. Complete a one-year work program and define strategy as it relates to the five-year economic development plan. 3. Update the annual survey of community industries to determine expansion/ relocation plans and legislative concerns. 4. Make necessary adjustments in the capital improvement plan. 5. Complete an analysis of activity for the past year. Discussion ensued on the Star City program with Mr. Stern citing examples of businesses locating and why. He added that an additional benefit in the future is that the State and the Star Cities are combining to develop an advertising program for Star Cities. The Commissioners discussed the tasks that Shakopee has left to complete before Star City status can be achieved. Those tasks are the five-year plan, the one- year work program, and then the marketing to an industrial client. Mr. Stern suggested utilizing the technical assistance now available to aid in completion. Industrial Commercial Commission October 9, 1985 Page 3 1 � Concensus was to utilize the technical assistance available. Discussion led to staff priorities and time limitations. John Anderson agreed to supply the name of a person who might be willing to work on the Star City program with the Commission to finish the tasks. Discussion then turned to ICC Day. Concensus was that the day was very successful, and everyone received positive feedback from the people who attended. The following suggestions were made by the Commissioners for next year's program: 1 . Be sure to let the local people who are invited know their function is to sell the community. 2. To promote mingling, devise a structural gimmick such as assigned seats or assigned partners for the day. 3. Along with the RSVP ask who will be staying for the races so we don't have to pay for the no-stays. Also require that the money to be paid for guests be sent in with the RSVP so it wouldn't have to be dealt with at the door. 4. The list for checking people in at the door should be alphabetical with last name first. 5. The video presentation (a) forgot to mention the Shakopee Area Catholic schools, (b) showed a traffic jam on the bridge, and (c) didn't show enough industry in the aerial shots. The Commissioners received a memorandum from Jeanette Shaner listing a breakdown of the people who attended ICC Day. They indicated they would be interested in further breakdown of the category "Outside Persons" to show which segments of industry actually responded. Discussion followed on whether or not to charge people who have requested copies of the invitee list from ICC Day. John Anderson cited several similar lists for which the City charges. On a motion by Jane DuBois, seconded by Al Furrie, the Industrial Commercial Commission recommended that there be a charge of $20 for the 1986 ICC Invitee List to cover the costs of copying and staff time. Motion carried unanimously. Jeanne Andre reported on the status of the Downtown Ad-Hoc Committee and explained several proposed streetscape designs currently being considered. John Anderson reported on the status of the bridge over the river. He stated that by the end of the month, staff hopes to have a Letter of Agreement signed with MnDOT. Jane DuBois voiced her concern about the traffic safety problem on First Street. Discussion followed on what could temporarily be done to correct the traffic safety problem until the downtown redevelopment is completed. ADJOURNMENT On a motion by Jane DuBois, seconded by Jim O'Neill, the Industrial Commercial Commission meeting was adjourned at 6:51 p.m. Respectfully submitted, Judy Hughes Recording Secretary /7 MEMO TO: Judith S . Cox, Acting City Administrator FROM: Barry A. Stock, Administrative Intern RE: Scott County Solid Waste Advisory Committee Minutes ( Informational ) DATE: October 31 , 1985 Introduction and Background: Earlier this year the Scott County Solid Waste Advisory Committee was established in response to the Metropolitan Council ' s passage of Solid Waste Management Development Guide/Policy Plan. The committee is comprised of city staff representatives from each community in Scott County as well as individuals who represent businesses that are involved in solid waste management . This committee is responsible for developing Scott County' s Solid Waste Management plan in accordance with the Metropoli- tan Council ' s directives . The primary goal of the committee is to develop a strategy that will ensure an end to the dis- posal of unprocessed mixed municipal waste in our landfills by 1990. Attached are the minutes of our most recent meeting. I will continue to forward the minutes of subsequent meetings as I receive them. If you ever have any questions on anything discussed in the minutes , please call me . BAS :cah Attachment 1 MINUTES Scott County Solid Waste Advisory Committee October 17 , 1985 Members Present : Al Zweber - Chairman Emil Flicek - City of New Prague Joe Pahl - Louisville Landfill Operator Ed Gregory - G & H Sanitation Bob Morgan - City of Jordan Margaret Maxa - Citizen, New Market Barry Stock - City of Shakopee Craig Ebeling - City of Savage Pat Skelly - Citizen, Belle Plaine Dennis Fredrickson - Buckingham Disposal Jan Flesland - Solid Waste Planner, Scott County Allen Frechette - Scott County Environmental Health Members Absent : Richard Van Tassel - Village Sanitation, Inc . Dave Unmacht - City of Prior Lake Guests : Karen Harrington - Metropolitan Council Ray Joachim The meeting began with a 3 : 00 tour of Richards Ashpalt ' s incinerator--commentary provided by Jeff and Myron Richards . Myron explained the difficulties his company had had during construction of the unit and getting MPCA approval for its operation . At present the facility has passed MPCA emissions tests and is operating. The meeting reconvened in the Civil Defense Room at the county courthouse to view a video tape of the Organic Bio-Conversions Inc. , Madisonville , Kentucky co-composting operation. The tape was provided by company representative Jack Dingman. He is interested in discussing the feasibility of constructing a similar facility in Scott County. Committee members were presented with a list of options for managing county waste which staff feels are most amenable to further consideration. They are : 1 . A centralized intermediate processing facility for recyclables associated with a co-composting facility. 2. A centralized intermediate processing facility for reycylables linked to a resource recovery facility such as Richards Asphalt ' s incinerator. 3. A transfer station which would separate the waste stream into components for distribution to recycling markets , a recovery facility and/or a co-composting operation, and the landfill . Al Frechette stated that the county, would consider proposals from RDF facilities , many of which are proposed for neighboring counties . A brief discussion of the alternatives followed . Jan Flesland stated that a request for proposals would be mailed to potential vendors , management firms and other interested parties on Friday, October 18th. Replies are requested by November 15th, a date in advance of the next SWAC meeting. At the November meeting committee members will be updated as to responses received and consideration of options will continue . SWAC member , Stan Harger, requested a change in monthly meeting dates from the third Wednesday of each month at 3 : 00 PM to the third Thursday at 3 : 00 PM due to a schedule conflict . Members present agreed to the change . Meeting adjourned informally at 5:45 pM. BILL��NZEL MINNESOTA OFFICE: THiwo CiSTRICT,MINNESOTA MAYBETH CHRISTENSEN ROOM 445 WASHINGTON OFFICE: 6120 PENN AVENUE SOUTH 1026 LONGWORTH BUILDING }�' (� /(�/I��}yt j�' �K7 BLOOMINGTON,MINNNESOTA 55431 202_225_2871 �jol`gre�l.✓• of for �L�1"teb *tµte2; 612_881_4600 Alouge of Repregentatfbeg i6 nbington, D.C. 20515 October 29, 1985 Mr. John K. Anderson Anderson City Administer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear John: Because of your interest in the impact caused by the Supreme Court decision in the Garcia vs San Antonio case, I wanted to update you on the recent action taken by the House of Representatives. H. R. 3530, the "Fair Labor Standards Amendments of 1985" was passed out of the House on Monday, October 28. This bill enables states and municipalities to grant "comp-time" at time-and-one-half in lieu of cash payment. In addition, H. R. 3530 releases local governments from liability for FLSA overtime violations until April 15, 1986, and clarifies the status of volunteers. I have enclosed a brief summary of the main provisions included in this legislation. It is my feeling that this measure does not do enough to free state and local governments from the restrictions imposed by the Garcia ruling. However, considering the current application problems, it is definitely a step in the right direction. The next action will be taken by the Senate. Because this legislation is like- ly to move quickly in order to avoid excessive complications with the current November 1 deadline for compliance, you may wish to contact our Senators to provide them with your good counsel. It is my hope that this legislation will move quickly and that the-final version will contain _greafer, relief of FSLA provisions than has thus far occurred in the-House bill. Best regards, Bill Frenzel Member of Congress BF:le enclosure TW.S STATIONERY PRINTED ON PAPER MADE WITH RECYCLED �._voc Fair Labor Standards Amendments of 1985 _ _ E..-R. 3530 I . Compensatory Time -- As of -April 15 , _ 1986 , a public employer may pay overtime in compensatory time at a rate of one-and-a-half the regular rate so long as the employee .has not accrued compensa- tory time hours in excess of the appropriate cap on accumulated compensatory - time . -- For- employees -whose jobs include seasonal , - public-safety or .emergency work.,_banked compensatory . time hours will be capped at 480 hours . For other employees , the cap would be set at 180 hours . Existing collective bargaining and similar agreements offering compensatory time will continue to be honored , except that compensatory time will be paid at time and one-half . An employer ' s past practice of providing compensatory time may continue provided it is at the premium rate. II. Liability -- Public employers will not be liable for overtime and related paperwork violations of the Fair Labor; Standards Act until April 15 ; 1986 ,' for those "traditional" - public employees affected by the Garcia decision. The bill is neutral with respect to current litigation on the question of whether an employee should be considered traditional or non-traditional . Public employers may defer overtime payment, whether in cash or compensatory time , until August 1 , 1986. III. Special Detail , Occasional , Mutual Aid and Substitute Employment -- Special detail , occasional, and mutual aid employment for a second employer or in a second capacity will not be considered as hours worked for the purposes of calculating overtime pay . Public safety employees , with the consent of their employer, may substitute for one another without that substitu- tion counting as hours worked. IV. Volunteers -- A person who volunteers to work for a public employer shall not be considered an employee of that employer for the purposes of the Act provided he or she is employed by a different employer, or in a different job for the same employer. A volunteer may be provided reasonable benefits , expenses , a nominal fee or any combination thereof . - V. State and Local Legislative Staff -- State and local legislative staff , with the exception of library employees , will be exempt. VI. Discrimination -- An employee who has been discriminated against by an employer because of asserted coverage under the overtime provisions of the Fair Labor Standards Act since the Garcia decision may seek relief under section 16 of the Act . TENTATIVE AGENDA SPECIAL SESSION SHAKOPEE, MINNESCTA NOVEMBER 6 , 1985 -- WEDNESDAY -- Mayor Reinke presiding 1] Roll Call at 7 :00 P.M. 21 Liaison Reports from Councilmembers 31 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 41 Approval of Consent Business - (All items listed with an asterick are considered to be routine by 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 Minutes of October 15th and 22nd, 1985 61 Communications : a] Valley Ice Arena, Inc . re : liability insurance b] Association of Metropolitan Municipalities re : Metropolitan and AMM Activities - informational c] League of Mn. Cities re : recommended action on federal tax reform issues 7] Public Hearings: 8 :00 P .M. Application from the Toro Company for $3, 500,000 I .R. Bonds 8] Boards and Commissions: Planning Commission: a] Acquisition of R-O-W for Prairie House 1st Addition b] Preliminary Approval of Shakopee Valley Square 1st Addition, lying north and east of Shakopee Valley Motel , Wally Bakken, developer 9] Reports from Staff: a] Overhead Door Bid - Fire Station and Public Works Buildings #b] Memorial Park Footbridge Project \ #c] Purchase of Meat Slicer for Sr. Hirise #d] Purchase of Air Packs for Fire Department #e] Purchase of Rescue Air Bags System for Fire Department #f] Computer Purchase #g] Remodeling — Security Window Purchase for Police Department #h] Remodeling Police Clerical Area #i] Microfilm Equipment Purchase #j ] Picnic Table Purchase #k] Capital Equipment Purchases for Public Works #1] Tennis Court Repairs #m] Agnes Unze - Completion of six-month probation period #n] Code Enforcement Officer Extension o] Speed Zoning on 4th Avenue - coming Monday p] Sanitary Sewer Allocation Policy TENTATIVE AGENDA November 6 , 1985 Page -2- 9] Reports from Staff continued: q] Acquisition of Property in Block 32, OSP r] Approval of Bills in Amount of $153 , 445 . 72 #s] Appointment of Candidate to Assist the County Health Officer #t] Developers Agreement - Della' s 1st Addition u] Approval of 1985 Police Contract - coming Monday 10] Resolutions and Ordinances: a] Res. No. 2463 , Establishing Solid Waste Management Policy b] Ord. No . 184, Adopting An Interim Ordinance Imposing A Moratorium on the Development of Certain Land #c] Res. No. 2466, Amending the City ' s Policy for City Vehicles d] Res . No. 2462 , Supporting the Recommendations of the Scott County Government Options Study Commission #e] Res. No. 2463, Supporting Scott-Carver Economic Council ' s "Give Where You Live" Campaign f] Res. No . 2465 , Inviting Citizens To Light Porchlights , Candles or Other Lights from Dusk to Dawn on November 19 and 20, 1985 g] Res. No. 2464, Canvassing Returns for Municipal Election 111 Other Business: b] c] 12] Adjourn to Tuesday, November 19th, 1985 at 7 :00 P.M. Judith S . Cox Acting City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 15 ,1985 Mayor Reinke called the meeting to order at 7:07 p.m. with Cncl. Wampach, Vierling, Leroux, Colligan and Lebens present. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; Jeanne Andre, Comm. Develop. Director; Judi Simac, City Planner and Julius A. Coller II, City Attorney. Mayor Reinke read the City's Policy of Non-Discrimination on the Basis of Handicapped Status. Cncl. Colligan initiated discussion relative to the design of the parking lot on Second Avenue. The Comm. Develop. Dir. and City Admr. explained the configuration and reasoning for the design. Mayor Reinke asked if there was anyone present who wished to address the Council on any item not on the agenda, and there was no response. Leroux/Vierling moved to approve the minutes of September 24, 1985 as kept. Motion carried with Cncl. Colligan abstaining. Discussion ensued regarding the letter received from Prior Lake regard- ing the naming of Canterbury Road. Leroux/Vierling moved to inform Prior Lake that Shakopee will not reimburse anyone for expenses incurred as a result of the renaming of CR83 to Can- terbury Road. However, the City will phase in the renaming until next spring so people can plan for changes in the necessary forms of identifi- cation. Motion carried unanimously. The City Admr. went over the background of the proposed tax increment finance study to be undertaken by the League of Minnesota Cities, and estimated it might cost the City $500 to participate. Leroux/Wampach moved to place on file the letter dated October 7, 1985 from the League of Minnesota Cities regarding the tax increment finance study. Motion carried unanimously. Leroux/Vierling offered Resolution No. 2458, A Resolution Approving the Final Plat of Fox Run lst Addition, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. summarized Resolution No. 2458. The City Planner went over the background of Canterbury Apartments 1st Addition, and said the Planning Commission has approved a conditional use permit for the apartments. Mayor Reinke asked if there was anyone in the audience who wished to comment on this item, and there was no response. Shakopee City Council October 15, 1985 Page 2 Leroux/Vierling offered Resolution No. 2459, A Resolution Approving the Final Plat of Canterbury Apartments lst Addition, and moved its adoption. The City Admr. summarized the resolution. The changes in access were discussed, with Cncl. Leroux confirming that there is only one access onto Shakopee Avenue and one access onto 10th Avenue, opposite Shawmut. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling offered Resolution No. 2456, A Resolution Setting a Public Hearing Regarding a Proposal to Issue Industrial Development Bonds; Authorizing Application for Issuance Authority to the State of Minnesota; and Expressing a Present Intention to Issue Industrial Revenue Bonds for a Manufacturing Project Proposed by the Toro Company, and moved its adoption. The City Clerk explained Toro Company's request for a preliminary resolu- tion at this time. She said the inducement resolution is necessary for the applicant to apply to the State for the allocation in the State pool. The applicant wishes to apply to the State simultaneously to expedite the construction schedule. She also asked for a decision on the 15% equity issue as far as whether or not the existing building could be considered, since this is an expansion and not a new building. Considerable discussion ensued regarding the City's liability if this in- ducement resolution is passed now before the public hearing, and the pre- cedent that could be set with this action. The City Admr. explained fur- ther the process the developer has to go through to apply for money in the State pool. The City Clerk said the Asst City Attorney's opinion is that the inducement resolution presents no obligation on the_ City to approve the bonds after the public hearing information is presented and heard. Dave Swanson, attorney for Toro Company, stated that October 25 is the next deadline for submission of an application to the State Pool for part of the funds. In order to apply, they need an inducement resolution from the City. He read from the resolution, "The adoption of this resolution by the City Council of the City does not constitute a guarantee or a firm commitment and creates no vested right or entitlement that the City will issue industrial development bonds for the project as requested by the company. The City reserves the right, in its sole discretion, to with- draw from participation and refuse to issue industrial development bonds for the Project at any time prior to adoption of the resolution authoriz- ing the issuance of said bonds." He thinks there is a definite risk of not getting the funds if they wait another month for the next application deadline. Cncl. Leroux stated he doesn't have a problem with considering the present building as part of the required 15% equity, but if that is to be done, it should be written into the ordinance. Further discussion followed regarding these special circumstances and avoiding setting a precedent. Shae.opee October 15, 1985 Page 3 Colligan/Leroux moved to table the resolution. Motion carried unanimously. Colligan/Vierling moved to direct staff to reconsider the industrial revenue bond policy to allow the use of existing structures and develop- ment for equity. Motion carried unanimously. Leroux/Colligan moved that a notation be made in the regulations cover- ing industrial revenue bonds that in no way is Resolution No. 2456 to be construed to be precedent setting, and that it may be accepted only be- cause of time constraints set by the State and the requirements of the 1985 State industrial revenue bond pool. Motion carried unanimously. Leroux/Vierling moved to take Resolution No. 2456 off the table. Motion carried unanimously. Roll Call on Resolution No. 2456: Ayes; Reinke, Leroux, Colligan, Vierling Wampach Noes; Lebens Motion carried. Colligan/Vierling moved to open the public hearing regarding the applica- tion by Scottland, Inc. for $3,500,000 Housing Revenue Bond Financing. Motion carried unanimously. The City Planner stated that Planning Commission granted approval of the conditional use permit for this development on October 3, 1985, with four conditions. She explained a conditional use permit was required because the height of the pitched roof exceeded the height limitation. She went over some of the other features of the project. She stated the southern portion of the open space could not be split off, because the space was needed to preserve the density. Tim Keane, of Scottland, said they plan 6 or 12 month leases. He explained the complex is designed to meet the needs of Shakopee and those who wish to move to Shakopee, and not for transient tenants. He went over the site plan in more detail and highlighted the amenities proposed. Bruce Malkerson, of Scottland, said that Scottland intends to develop, manage and own these apartments and although it is always possible, they have no intention of selling the apartments at any time in the future. Mayor Reinke asked if there were any comments from the audience, and there was no response. The Comm. Develop. Dir. said that most of the issues have been resolved, and the few that aren't could be by next week so the preliminary resolu- tion could be approved at that time. She requested a specific motion ap- proving the use of the exterior materials for the project. Mr. Malkerson assured the Council that all the issues could be resolved by next week. Discussion followed regarding the quality of exterior materials to be used. Mr. Malkerson said they will choose an aluminum product that has a 15, if not 20 year warranty. He asked for consi- deration of the preliminary resolution tonight or at next week's meeting, because of the tight construction time-table this late in the year. October 15, 1985 Page 4 Wampach/Leroux moved to close the public hearing. Motion carried unani- mously. Vierling/Leroux moved to direct staff to prepare the preliminary reso- lution to adopt the housing program for Canterbury Apartments I for Council consideration at its October 22, 1985 meeting if all necessary documents are submitted in time. The project architect explained in more detail the materials chosen for the windows and wood trim and the respective guarantees. Motion carried unanimously. Otto Byhre, who arranged the financing for the Shakopee Super 8 Partnership, explained why the amount of the bond issue is reduced. (Formerly known as Bemidji Super 8 Partnerhsip. ) Some discussion followed regarding the type of construction of the motel. Leroux/Vierling offered Resolution No. 2460, A Resolution Authorizing The Issuance of the City's $1,350,000 Commercial Development Revenue Note of 1985 (Shakopee Super Eight (8) Partnership Project), and moved its adoption. Roll Call: Ayes; Coliigan, Vierling, Reinke, Lebens, Leroux Noes; Wampach Motion carried. The City Admr. went over some of the background of the Kenneth Theis pe- tition for sanitary sewer utility serving the Valley Printing building on Marschall Road. Cncl. Vierling asked if this would prohibit a trunk coming off the east side of CR17, and the City Admr, answered that it would not. There was continued discussion regarding various options for serving the property. The City Admr. clarified that this action would not jeopardize the amount of sanitary sewer allocation for the west side of CR17. Consensus was to install a public section of sanitary sewer from VIP all the way across the Kenneth Theis property, abutting the Jr. High School property. Discussion followed about the development possibilities and reasons for extending the service all the way across the property. Leroux/Wampach moved to authorize the proper City officials to accept the request for sanitary sewer project and waiver of assessments related thereto for the construction of a sanitary sewer line estimated at approxi- mately $20,000 upon proper execution of the waiver of assessment agreement by Kenneth and Donna Theis. Motion carried unanimously. Wampach/Lebens moved to authorize the City Engineer to initiate the sanitary sewer project to the Theis property by drafting the appropriate MS Chapter 429 resolutions appointing a project engineer and authorizing the design of the project for sanitary sewer utility. Roll Call: Ayes; Reinke, Colligan, Leroux, Lebens, Wampach Noes; None Abstain: Vierling Motion carried. The City Admr. informed Councilmembers that the spancrete seconds that the City thought it would be able to use for a footbridge. at Memorial Park are _�, -1-,- October 15, 1985 Page 5 George Muenchow, Community Services Director, urged commencement of this project which has been talked about for so long. He said that area has a delightful 12 mile trail along the river and that footbridge is needed to span the creek. Lebens/Vierling moved to authorize the building inspector to proceed with the bridge construction for a sum of not to exceed $12,000.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach moved to direct the Finance Director to appropriate $12,000.00 from the Park Reserve Fund for the construction of a pedestrian bridge in Memorial Park. Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion ensued regarding the population estimate for Met Council's development framework chapter in regards to Shakopee. Vierling/Lebens moved to direct staff to send a letter to Met Council using a 30% increase in population from 1990 to 2000 based on the develop- ment of a regional facility and the by-pass and the Hwy. 169 bridge con- struction. Motion carried unanimously. The Comm. Develop. Dir. went over some of the considerations for approach- ing a clean-up of the east side of Shakopee in response to a petition by residents to clean up the Hwy. 101 Auto Salvage property. Considerable discussion ensued. Leroux/Vierling moved to direct staff to have an informational meeting before the end of the year with the residents in the area of the Hwy. 101 Auto Salvage to inform them of the applicable codes and inform them the City will begin enforcement of these codes in earnest in the spring. The Code Enforcement Officer briefly addressed the Council relative to his position and the progress being made. Motion carried unanimously. Wampach/Vierling moved to approve the application and grant an on-sale 3.2 beer license to Kwai and Grace Poon d/b/a Family Chow Mein, 237 E. lst Avenue. Motion carried unanimously. Leroux/Vierling moved to approve the application and grant a pool table license to Fraternal Order of Eagles Aeries X64120, 220 West 2nd Avenue through December 31, 1985. Motion carried unanimously. Wampach/Leroux moved to approve the application and grant a set-up license to Fraternal Order of Eagles Aeries 34120, 220 West 2nd Avenue thorugh June 30, 1986. Motion carried unanimously. Leroux/Wampach moved to approve the application and grant a 3.2 beer license to Fraternal Order of Eagles Aeries X64120, 220 West 2nd Avenue through June 30, 1986. Motion carried unanimously. Bill Lepley, on behalf of the Eagles, thanked the staff for its help. October 15, 1985 Page 6 Leroux/Vierling moved to direct staff to construct a walkway between Park Ridge Drive and 11th Avenue using 6 foot wide concrete sidewalk with sod, for approximately $2,400.00. Roll Call: Ayes; Wampach, Vierling, Colligan, Reinke, Leroux Noes; Lebens Motion carried. Cncl. Colligan questioned the computations comparing a two-lane and four- lane road for Shenandoah Drive. The City Admr. explained that the ditch and shoulder is the same for both types of road, and there is actually only a 25% increase in road surface--from 36 feet to 48 feet. Discussion followed. Leroux/Vierling moved to give this explanation to those who opposed the assessments for Shenandoah Drive, and not change the assessment roll. Motion carried with Cncl. Colligan opposed. Lebens/Vierling moved to direct staff to respond to Mr. Greenwoods re- quest for assistance in selling his property by providing the information set forth in the memo dated October 11, 1985 from the Engineering Inspec- tor. Motion carried unanimously. Cncl. Leroux recalled that the property owner opposite Kmart was informed at the time of platting that there would be an assessment against the property for storm sewer and for that purpose the escrow fund was set up. The City Admr. was directed to look up the minutes from that meeting as a basis for the assessment. Leroux/Lebens moved to authorize the proper City officials to execute Supplemental Contract No. 1 in the amount of $8,706.10 to Valley Paving, Inc. 8050-D, Hwy. 101, Shakopee, Minn. 55379 (Supplement to Project 85-4) , with the storm sewer assessment to be taken from the escrow account. (Improvement to Taylor Street) Roll Call: Ayes; Unanimous Noes; None Motion carried. Several Councilmembers questioned the amount of the bid for paving the parking lot in Lions Park, as the Lions had a bid to do the work privately for less than that. The Engineering Coordinator responded that they did have three quotes from March of this year, but when the companies were questioned, none of them would do the work for that amount at this time. Leroux/Colligan moved to authorize the proper City officials to execute Supplemental Contract No. 2 in the amount of $14,217.00 with Valley Paving, Inc. , 8050-D Hwy. 101, Shakopee, Mn 55379; said agreement to be held until an agreement for payment of all costs can be reached with the Lions Club of Shakopee. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Vierling moved to authorize proper City officials to execute an agreement between the City of Shakopee and the Shakopee Lions Club for $14,467.00 for the paving of the parking lot in Lions Park. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to authorize the purchase of a microwave oven for the City Hall lunchroom at a cost not to exceed $70; to be allocated from the supply line items of the various division budgets. Roll Call: Ayes; Unanimous Noes; None Motion carried. SiIL«,Opel October 15, 1985 Page 7 Js Lebens/Leroux moved to authorize the appropriate City officials to enter into an agreement between Cooper-Rutter Associates, Inc. , the City of Shakopee and Zylstra-United for the provision of a financial analysis of Shakopee's and Chaska's cable system. Roll Call: Ayes; Vierling, Leroux, Lebens, Reinke Noes; Colligan, Wampach Motion carried. Leroux/Vierling moved to appoint Debbie Allen to the Shakopee Community Access Corp. Board of Directors, to fill the vacancy created by the resig- nation of Gary Morke, until January 31, 1987. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to hire Kenneth Ashfeld as City Engineer at a starting salary of $35,721.00 per year, Step 7 of the 1985 Department Head/Staff Pay Plan effective November 4, 1985, based on Mr. Ashfeld's receiving 52 years of service credit. Roll Call: Ayes; Unanimous Noes; None Motion carried. Cncl. Lebens clarified that the request was for stop signs on Apgar at 5th. The City Admr. explained that the stop signs have to fit in with an over-all traffic system. Staff recommends the present yield signs be replaced with stop signs, and an over-all study of traffic flow be undertaken. Lebens/Vierling moved to direct staff to replace the existing yield signs with stop signs at the intersection of West 5th Avenue and Apgar Street, and establish a time table for an overall review of the traffic control signing within the City. Motion carried unanimously. Leroux/Vierling moved to accept the recommendation of the Police Chief and take no further action at this time regarding vehicles blocking intersections on First Avenue. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to plan on the use of Court Reporters as necessary for specific public hearings or other items of controversial nature, and that the decision of whether or not to use a Court Reporter would be made by the City Clerk or City Admr. , unless City Council requests a Court Reporter. Motion carried unanimously. Leroux/Vierling moved to direct staff to proceed with bidding for Group Health & Life Insurance Specifications. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to direct staff to proceed with soliciting quota- tions for Refuse Collection Contract. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Colligan moved that bills in the amount of $364,375.62 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. October 15, 1985 Page 8 Leroux/Vierling moved to terminate the probationary status of Eileen Klimek and place her on permanent status. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to direct the appropriate City officials to send the RFP for a Municipal Service Mix Pricing Analysis and Staffing Study dated September 27, 1985 to prospective consulting firms. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to authorize payment of Partial Estimate No. 4 for CR83 Widening, Project No. 1984-9, in the amount of $7,194.25 to C.S. McCrossan Construction, Inc. , P.O. Box 247, Osseo, MN 55369. Roll Call: Ayes; Unanimous Noes; None Motion carried. The Comm. Develop. Dir. said because of the tighness of the schedule, Mayor Reinke already signed the application for Star City Program, with the stipulation that it could be withdrawn if City Council did not approve it. Vierling/Leroux moved to direct appropriate City officials to complete and file the Minnesota Energy and Economic Development technical assistance application forms for completing the Star City Program and submit them by the deadline, along with a letter of participation signed by the Mayor. Motion carried unanimously. Vierling/Colligan moved to direct the appropriate City officials to main- tain records on the potential comp time payments due the City Building Official pending changes in the Fair Labor Standards Act, and to report back to Council describing what action is required after the passage of pending FLSA legislation. Motion carried unanimously. Leroux/Vierling offered Resolution No. 2441, A Resolution Amending the City of Shakopee Personnel Policy Adopted by Resolution No. 1571, and moved its adoption. This resolution allows three days out of a year to be taken. Roll Call: Ayes; Vierling, Lebens, Wampach, Reinke, Leroux Noes; Colligan Motion carried. Leroux/Wampach offered Resolution No. 2457, A Resolution Adopting the 1986 Budget, and moved its adoption. The City Admr. explained the unresolved issues regarding the Cable Company, which means that the Cable Commission may not get all that is budgeted for that fund, . if the franchise fee is frozen, as requested. The City Admr. showed that based on the fund balances for the Sewer Fund, it would not appear that a rate increase is necessary. Various other miscellaneous items were clarified and highlighted by the City Admr. Roll Call: Ayes; Leroux, Colligan, Reinke, Vierling, Wampach Noes; Lebens Motion carried. October 15, 1985 Page 9 Leroux/Vierling offered Resolution No. 2454, A Resolution Apportioning the Assessments Among New Parcels Created as a Result of the Subdivision of Land Parcel No. 27-907-012-0, and moved its adoption. P.o�l Camel: Q07es; Noes; None Motion carried. Leroux/Vierling offered Resolution No. 2455, A Resolution Apportioning Assessments Among New Parcels Createa as a Result of the Subaivision of Land Parcel No. 27-906-024-0, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling offered Resolution No. 2446, A Resolution Amending Reso- lution No. 1822, Establishing the Ad Hoc Downtown Committee, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to appoint the City Clerk as Acting Administrator from October 16, 1985 to November 9, 1985. Motion carried unanimously. Leroux/Lebens moved to authorize release of Developer's Agreement for Lot 3, Block 1, Della's lst Addition, upon execution of a letter of understanding providing for retaining wall, and filing of a letter of credit to cover the cost at 125%. Motion carried unanimously. The City Admr. updated the Council on various construction projects in the City. The Finance Director said he is working on getting the bond issue under way for Eaglewood. The City Attorney updated the Council on the status of the Viking Steel road. The Comm. Develop. Director showed the streetscape plan for the Second Avenue parking lot. She said all they are attempting to do this fall is the internal parking lot and lines, with the minimum amount of sod. She said this would provide 84 parking spaces, with no parking along 2nd Avenue. Colligan/Vierling moved to adjourn to October 22, 1985 at 8:00 p.m. Motion carried unanimously. Meeting adjourned at 11:08 p.m. Judith S. Cox =_ City Clerk Diane S. Beuch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 22, 1985 Vice Mayor Vierling called the meeting to order at 8:13 p.m. with Cncl. Wampach, Lebens, Leroux and Colligan present. Mayor Reinke arrived later. Also present were Judith S. Cox, City Clerk; Judi Simac, City Planner; Jeanne Andre; Community Development Director and Rod Krass, Ass't City Attorney. The Planning Commission was represented by Chrm. Czaja and Comm. Rockne, Pomerenke, Lane and Schmitt. Comm. VanMaldeghem and Stoltzman were absent. Vice Mayor Vierling asked if there was anyone present who wished to ad- dress the Council on any item not on the agenda. John Schmitt asked about a reference contained in some minutes to a re- quest being made to the Shakopee Jaycees to fertilize Tahpah Park. He does not think that request is appropriate, and would like to know if the request was made and under what basis and if the City has a plan to take care of it. Discussion followed. Leroux/Lebens moved to direct staff to contact the Jaycees and ask them if someone did speak to them about fertilizing Tahpah Park, inform the Jaycees that it was not at the request of the City Council and therefore not an authorized request of the City. Motion carried unanimously. Lebens/Wampach moved to approve the minutes of October 1, 1985 as kept. Motion carried unanimously. The Comm' Develop. Director stated the pertinent items have been submitted by Scottland in its application for Multifamily Mortgage Revenue Bonds, and they are in order. She pointed out the letter from the architect stating the quality of the exterior materials, and she requests a motion approving them. Cncl. Leroux questioned the letter from the bond counsel giving a pre- liminary opinion, but without signing the letter. The Comm. Develop. Dir. stated that is standard procedure, and the letter will not be signed until after adoption of the preliminary resolution. Leroux/Colligan moved to approve the exterior materials for Canterbury Apartments I consisting of stucco, Reynolds or Alcoa horizontal aluminum lap (8" in width with a double 4" exposure) siding with a 50 year warranty, and cedar or redwood trim, as detailed in the letter dated October 16, 1985 from LaVerne Hanson, Jr. , Vice President of Arvid Elness. (cc Doc. No. 101) Motion carried with Cncl. Lebens opposed. Shakopee City Council October 22, 1985 Page 2 Colligan/Leroux offered Resolution No. 2461, A Resolution Adopting a Housing Program for the Issuance of Multifamily Mortgage Revenue Bonds for Canterbury Apartments I and Authorizing Submission of the Same to the Minnesota Housing Finance Agency, and moved its adoption. Motion carried with Cncl. Lebens opposed. Vice Mayor Vierling explained the format for the joint discussion with Planning Commission regarding a Racetrack District Land Use Study as outlined in the memo from staff, going through questions 1 through 9 as listed, questioning each Commissioner and Councilmember in turn. 1. Restrict heavy industrial type uses near the racetrack. Consensus was to restrict heavy industrial uses near the track, although there was some confusion about just what would constitute heavy industrial uses and how far back it should be restricted. Leroux/Wampach moved to restrict heavy industrial type uses near the racetrack. Motion carried unanimously. 2. Emphasize buffer uses between racetrack and heavy industry to the east/north of racetrack. Comm. Lane agreed with the added stipulation that hazardous chemi- cals and toxic uses be also restricted near the racetrack. Consensus was to agree to some buffering, with CR83 providing a natural buffer to the east and existing businesses such as the health club also presenting a buffer. It needs further definition. Leroux/Lebens moved to agree with the concept of buffering. Motion carried unanimously. 3. Allow more "retail oriented" and/or commercial recreational activi- ties near the racetrack. Chrm. Czaja disagreed with the whole intent that the development is going to follow the racetrack. He firmly believes the development will follow the by-pass, which will be much more important than the racetrack. He related negative feed-back he has been getting about the traffic situ- ation in Shakopee and people who don't want to come back because of it. He emphasized his belief in working to get the transportation system improved. Comm. Schmitt asked for a better definition of services that cater to the transit, tourist, vacation-type uses around the racetrack, rather than something that would compete with downtown. Mayor Reinke arrived at 8:55 p.m. , and took his seat. Consensus was to not encourage businesses that would compete with downtown and existing businesses throughout town, but to concentrate more on commercial/recreational businesses such as hotels that will keep the people in the area before and after attending the races and other recre- ational activities in the area. Cncl. Lebens leaves at 9:05 p.m. October 22,1985 Page 3 Leroux/Wampach moved to consider allowing some commercial/recreational uses near the racetrack with some retail orientation. Motion carried with Mayor Reinke abstaining. The gavel was passed to Mayor Reinke. 4. Develop a zone which is more restrictive or specific in retail uses than current B1, B2 and B3 zones. Considerable discussion ensued regarding the possibility of a com- mercial/recreation district that would incorporate or expand the race- track. Cncl. Leroux suggested contacting places such as Anaheim, Calif. and Orlando, Florida to find out how it is supported and what services are necessary nearby. Comments were made to avoid a carnival type atmos- phere and keep entertainment in good taste. Caution was expressed because of the existing industrial businesses nearby. Leroux/Wampach moved to consolidate Nos. 4, 5 and 6. Motion carried unanimously. 5. Include desired items items in Nos. 1, 2, 3 and 4 as part of a "Racetrack Zone" (Alternative would be B-4 or I-3 generic zone which could exist in other parts of the City.) 6. Use a mechanism such as PUD to provide greater City control of uses, set backs, height, etc. , in the area near the track. Consensus was to go along with the PUD concept and to try to preserve the view with strict height limitations and to establish a theme or con- cept for what is desired in the district, with flexibility given within that intention. Chrm. Czaja is not really in favor of any additional development in that area without an improvement in the traffic system because it would add to the congestion. However, he would be favorable towards some type of PUD zone if a change is made. Leroux/Colligan moved to be in favor of a PUD concept or other different zone that would combine items in No. 4, 5 and 6 as desired, with more restrictions than the present business zones to incorporate commercial/recreational with some retail in a PUD concept. Motion carried unanimously. 7. Research how the amount and location of existing vacant land zoned for commercial/industrial development serves the city's future needs in a comprehensive planning sense given the impact of the racetrack. Consensus was to defer No. 7 and No. 8 until after No. 9. 9. Set boundaries for the study area in terms of 1st, 2nd and 3rd tier. Tier 1 consensus to accept and perhaps exceed: E - West of CR83 N - South of Fourth Avenue S - North of CR16 W - East of Shenandoah Drive uctober Page 4 Tier 2: Consensus was to not include the land north of Hwy. 101 as there is so little developable land there. Agree to leave out any- thing east of CR83 in the industrial park. Chrm. Czaja questioned the development pressures along 12th Avenue, but Mayor Reinke assured him the covenants of the industrial park are strong enough to protect the area. Cncl. Leroux wanted to include the land north of 4th Avenue only in so far as it is considered for a compatible use south of 4th Avenue, without necessarily opening it up to a change in zoning. Comm. Schmitt argued against including that land in order to protect the industrial community and zoning set aside for it. Wampach/Vierling moved to expand the boundaries outward for Tier 2 as follows (except those areas which are already developed with industrial uses): E - CR83 N - Hwv 101 S - CR16, incorporating the B-1 zoning now existing all around the intersection of CR16 and CR83. W - Viking Steel Road Motion carried unanimously. Tier 3: Consensus was that all property east of CR17 and north of CR16 should be included. Leroux/Vierling moved to expand the boundaries outward for Tier 3 as follows: N - Hwy 101, except areas which are already developed with industrial uses. E - CR83 S - CR16, incorporating the B-1 zoning now existing all around the intersection of CR16 and CR83. W - CR17 Motion carried unanimously. Chrm. Czaja wants to be sure to include sewer allocations when development is occuring around the racetrack, to be sure there is enough capacity for future development along the by-pass. Mayor Reinke assured him there are hundreds of acres of land with capacity that hasn't been assigned yet. 7. Land inventory. The Comm. Develop. Dir. stated the ICC is working on a land inventory, but her intention with this question was to determine whether or not there is adequate zoning to cover all the uses that are necessary, and if there is useful land zoned appropriately to serve the community. Comm. Schmitt is interested in that type of study, along with one that list the available land and its zoning and amenities, etc. Leroux/Wampach moved to consider a land inventory as part of the study. Motion carried unanimously. 8. Consider revising permitted uses in other existing districts after setting up permitted uses in new district. Vierling/Wampach moved to keep an open mind and consider for any existing zones newly identified uses or bi-products of a new zoning district. Motion carried unanimously. Discussion then moved to the best way to implement the proposed study. October 22, 1985 Page 5 Planning Commission members spoke in favor of hiring another full time planner to work in-staff on this racetrack study and other potential developments and issues that are certain to need attention in the next 3 years or so. Comm. Schmitt believes the City can get more for its money by keeping it in-house, rather than using an outside consultant. The City Clerk informed the Commissioners of a study just authorized by City Council seeking proposals for a consultant to study staffing needs in the entire City. She suggested keeping in mind the time frame this process will take to get someone on staff. Comm. Schmitt countered that this process would not have to preclude hiring an additional staff person now. Cncl. Leroux pointed out that the level of expertise he is considering for the firm to handle this racetrack study is probably higher than would be necessary for a full time employee on staff. He favors the consultant because of the broader expertise and shorter time frame he thinks the City can buy with consultant services. Discussion con- tinued. Leroux/Wampach moved to direct staff to prepare an RFQ and RFP for a planning consultant to do a racetrack area zoning study. The Comm. Develop. Dir. stated part of the RFP would be asking for the fastest time to complete the study. Comm. Schmitt suggested eliminating anyone or firm which may have a bias from working with the downtown or the racetrack. Motion carried unanimously. Leroux/Wampach moved that the selection process be carried forth to screen out the applicants and pare them down before further Council action. Motion carried unanimously. Vierling/Wampach moved to direct staff to prepare RFP and immediately release it by staff. Motion carried unanimously. Leroux/Wampach moved that a selection committee be formed after the proposals come back in, to be made up of Cncl. Vierling, Cncl. Wampach, Comm. Pomerenke, Chrm. Czaja, the City Planner and a member from ICC. Suggestion was made to include a planner from another community or the State or Met Council to help screen the applicants. Cncl. Leroux clarified this committee would screen the proposals and make' a recom- mendation to City Council on the hiring of a consultant and work with the consultant in preparing the study. Motion carried unanimously. Discussion followed regarding the need for a moratorium_ during the study., Chrm. Czaja didn't support a moratorium, because with the present zoning in place, it is almost like a moratorium anyway. Leroux/Vierling moved to direct the Ass't City Attorney to prepare an ordinance setting up a moratorium on building, uses and subdivision of land in the area identified in previous discussion as Tier 1, for a period not to exceed 90 days from the date of publication, which would exclude any present uses of land that would not be changing its intended use of the land--there would be no development on raw land. October 22, 1985 Page 6 The City Planner mentioned a plat she has accepted from Scottland for a development in Tier 1, and wondered how this would be affected. The Ass't City Attorney said that under the current motion any actions would be stopped unless it has preliminary plat approval before the ordinance takes effect. He intends to write into the ordinance a variance procedure. There was some discussion about excepting some additional land from the moratorium. Motion carried with Cncl. Colligan abstaining. Mayor Reinke asked for comments from the audience. Tim Keane, Scottland, related that the City has been handling requests for rezoning, etc. on a case by case basis, and he feels they have been handled in a rational manner. He couldn't see a great number of develop- ment proposals to over-burden staff during the study period, as there are only a few property owners in Tier 1. He mentioned their proposal for a hotel south of the racetrack, in an area that has been planned commercial for years and which will be completely compatible with the development forseen. The practical result of this moratorium would be to stop that development so it is not ready for opening of racing next year. Peter Beck, representing Joe and Muriel Koskovi.ch, said he is in favor of studying the racetrack area for development possibilities. However, the moratorium will hurt some plans they have worked on, which will have to wait for the results of the study. However, if a moratorium is put in place, he thinks it should be applied uniformly to all landowners throughout the tier. Walter Rockenstein, Baron Development Corp. , reinfored the need to move quickly. He also agreed that if a moratorium occurs, it should be uni- formly applied without exception. Vierling/Leroux moved to direct staff to proceed to establish a land use study following the guidelines of the position statements made tonight. Motion carried unanimously. The Comm. Develop. Dir. went over the background on the acquisition of the downtown site for the Housing Alliance Project, now that the appraisals are in. Discussion followed regarding a deadline for responses from pro- perty owners. Colligan/Vierling moved to direct staff to offer to purchase the following properties at the appraised value as on file with the City Clerk; said offers to be contingent on the developer securing necessary planning and zoning approvals and successful negotiation of a redevelopment contract between the HRA and the developer; and requesting a response to the offer to be provided by Friday, November 1, 1985. 1. Lots 4, 5, 6 & 7, Block 32, Original Shakopee Plat 2. Lots 8 and the east 38 feet of Lot 9, Block 32, Original Shakopee Plat. Motion carried unanimously. Leroux/Colligan moved to adjourn. Motion carried unanimously. Meeting adjourned at 12:12 a.m. Judith S. Cox, City Clerk Diane S. Beuch, Recording Secretary 0- VALLEY ICE ARENA, INC. CHASKA - P.O. BOX 200 __ SHAKOPEE _ — -- 991 11 th Ave. West JUDITH S. COX Shakopee, MN 55379 OCT- 25, 1985 CITY CLERK (612) 445-7982 CITY OF SHAKOPEE RE: INSURANCE OF THE VALLEY ICE ARENA PER REQUIREMENTS WITHIN THE LEASE AGREEMENT (REF. ARTICLE 5) Dear Judith S. Cox- The Valley Ice Arena Board of Directors wish to inform you and the City of the present status of both the structure and liability ins. coverage of the arena. Todate no structure ins. is in effect. Our insurance broker has informed us that this type of structure is almost impossible to insure. One quote for coverage was received at premium cost of $25,500.00. The bubble replacement cost is approximately $80K. As you know our insurance renewal date is Nov. 15. This past week we were informed by our broker that they are having a very difficult time renewing our liability coverage. The broker has advised us to approach the city of Shakopee to see if coverage can be extended to the city's current liability policy as a rider? The facility has begun its operating season. Its very important that both parties (VALLEY ICE ARENA DIRECTORS & THE CITY OF SHAKOPEE COUNCIL) meet to discuss this issue. Sincerely, Board of Directors of Valley Ice Arena LeRoy Worm (Pres.) Roy Ohlmann (Tress.) Bruce Hebeisen (Sec.) Bob Tomczik (Dir.) Tom Stewart (Dir.) Charles Robbins (Dir. �OT; � ) 7 MEMO TO: City Council FROM: Judith S. Cox, City Clerk I RE: Insurance for Valley Ice Arena, Inc. DATE: October 29 , 1985 Introduction The Valley Ice Arena liability insurance is up for renewal on November 15th and they are having difficulties finding an insurance company to write the insurance. They have also discontinued their insurance on the building because of cost. They are asking if the City could carry the liability insurance under the city' s insurance as a rider. Background The Capesius Agency contacted the League and was advised that a rider could not be added to the City' s policy for the ice facility because Valley Ice Arena, Inc. is a private company and not a City operation. Valley Ice Arena is continuing to search for an insurance company who will write the liability coverage. I have been advised that the facility itself is paid for and any damage to it would simply be a loss to Valley Ice Arena, Inc. since there is no fire and risk insurance on the structure. The lease between Valley Ice Arena, Inc. and the City does require fire insurance as well as liability insurance. Alternatives A. Liability Insurance: 1. No activities permitted at site without liability insurance obtained by Valley Ice Arena, Inc. 2. Permit activities without insurance. 3 . Remove facility - if no insurance. 4 . City take over operation of facility and obtain insurance. B. Structure & Fixture Insurance: i. Amend lease deleting requirement for insurance on facility as long as there is no mortgage on the facility. 2. Require insurance and preclude activities on the site without coverage. Recommendation Staff recommends alternatives A-1 (and A-3 if facility is left vacant) and B-1 . Recommended Action 1. Direct staff to advise Valley Ice Arena, Inc. that the City can not obtain liability insurance for the ice facility as a rider to its insurance and that Valley Ice Arena shall file a certificate of insurance or insurance binder (approved by the City Attorney) for the liability insurance with the City prior to expiration of the current policy or the ice facility shall be closed until such time as a certificate of insurance or insurance binder (approved by the City Attorney) is filed with the City. 2 . Direct preparation and authorize execution of an amendment to the lease between Valley Ice Arena, Inc. and the City of Shakopee deleting the requirement of fire and risk insurance on the ice facility as long as there is no mortgage on the facility. JSC/jms _ to IU BULLETIN association of metropol ita n municipalities T. E OT 2 1985 October 22 , 1985 TO: AMM Member Cities FROM: Vern Peterson, Executive Director RE: Metropolitan and AMM Activities 1 . MWCC RATE STRUCTURE STUDY COMPLETED: As noted, in the Bulletin of September 17th. , the MWCC rate structure study has now been completed and the recommendations originating from this study are now being considered for implementation by the MWCC. As part of the implementation activities, the MWCC is holding a Public Meeting on Friday, November 1 1985 from 2:00 to 4:00 .M. in the Richfield City Hall Council Chambers. 0 Portland Ave. . The purpose of this meeting, is to explain the proposed changes and to receive input from the client cities. We would encourage each city to have a representative at this meeting since every city that is part of the MWCC jurisdiction will be Impacted if the recommendations are implemented. A copy of the "Executive Summary" which contains the findings and recommendations which resulted from the five month Rate Structure Task Force study has been mailed to each client city by the MWCC. The AM114 has not taken a position with respect to the proposed changes and we are not urging anyone to be "for" or "against" the recommendations but do want you to be cognizant of what is happening. 2. METROPOLITAN DEVELOPMENT INVESTMENT FRAMEWORK (MDIF ) . The Metropolitan Council is proposing major changes to the Metropolitan Development and Investment Framework policy guide plan. As you may know, this particular policy plan is the foundation for the whole regional comprehensive land use planning system and has significant impact on all metropolitan area units of local government. This policy plan guides Met Council decisions about what level of public services, such as sewer and transportation, are provided for various parts 183 university avenue east, st. pa�:minnesota 55101 (612) 227-5600 of the area. A thorough review and study of this proposed revised MDIF policy plan will be conducted by the AMM' s 20 member Metropolitan Agencies Committee which is Chaired by Kevin Frazell, Mendota Heights Administrator. The Committee will hold its first meeting on this matter at noon on Thursday, November 14th. The agenda for the initial meeting will consist of a presentation to the Committee by key Met Council Members and Staff and a question and answer period. Due to the importance of this matter, the Committee' s study will probably continue into the first several months of 1986 . We will keep you informed as to the progress of this study during the next several months. 3. MEMBERSHIP MEETING TO ADOPT LEGISLATIVE POLICY FOR 1986 : We would like to encourage you now to mark vour calendars for the evening of Thursday, January 9 , 19 86 . The adoption of the annual legislative program is very important to member cities as the adopted program determines the AMM' s lobby efforts for the next year. Also on the agenda for this meeting will be the cnsideration of several proposed amendments to the AMM By-Laws. A special By-Laws Committee under the leadership of Plymouth Councilmember Pat Hoyt Neils has made a thorough study of the By-Laws and will be proposing changes dealing with representation on the Executive Committee, changing the AMM' s fiscal year to a calendar basis and other changes as well. A detailed meeting notice and agenda and copies of the proposed By-Law amendments and legislative program will be mailed to your city in early December. 4 . AMM HOUSING COMMITTEE AND BOARD RECOMMEND NO CHANGE TO METRO HRA STRUCTURE : Earlier this year, the etropolitan Council raised the question as to whether the Metro HRA function and structure should be "spun off" into a separate independent or semi-independent agency. The AMM Housing Committee under the leadership of Edina Councilmember Leslie Turner made a thorough study of this issue and recommended that the Metro HRA Structure not be changed . The Housing Committee recommendation was approved by the AMM Board of Directors on September 5 , 1985 and was presented to the Metropolitan Council in early October. The Council has not made a final decision as yet but its Metropolitan and Community Development Committee has adopted a position similar to the AMM position. A final decision is expected in November. Please call me if you would like a copy of the AMM' s "position paper" on this subject . -2- p 5 . AMM METROPOLITAN SIGNIFICANCE TASK FORCE REPORT : The AMM' s special board Task Force on Metropolitan Significance as noted in the AMM Bulletin of September 17th. has completed its examination of this matter and reported its findings and recommendations to the Board of Directors. The eight member Task Force under the leadership of Woodbury City Administrator, Jim Lacina , concluded that it was appropriate that the Met Council proceed with the Significance Review of the proposed Mall of America/Fantasyworld development. The Task Force also noted that all future proposed projects of large magnitude ( i . e. projects on the scale of race tracks, world class trade and convention centers, international trade centers, etc. ) should , as a matter of course , be reviewed pursuant to Metropolitan Significance rules and regulations adopted in accordance with M.S. 473. 173 unless it is certain that such projects are in accordance with locally adopted comprehensive plans which have been approved by the Council. The Task Force also recommended that M.S 473. 173 and the adopted Rules and Regulations for the "review of matters alleged to be of metropolitan significance" should be carefully analyzed at the completion of the Mall of America/Fantasyworld review. The Task Force made several other recommendations as well, and the AMM Board approved the Task Force' s Report on October 3rd. for transmittal to the Met Council, Governor Perpich and Legislative Leaders. Please call me if you would like to receive a copy of this report. DISTRIBUTION NOTE : This Bulletin is being mailed directly to all Mayor and Manager/Administrators of AMM Members Cities. We would appreciate it if this information would be distributed to your City Council Members as well. Thank you. -3- LL11 �l EXT 2 19 -1111 ' OF league of minnesota cities MEMORANDUM October 24 , 1985 TO: Mayors , Managers , Clerks , Third District Cities FROM: Mayor Mary Anderson , Golden Valley Mayor Connie Morrison, Burnsville Co-Chairpersons , Third District Task Force on Federal Tax Reform SUBJECT: RECOMMENDATIONS FOR ACTION ON FEDERAL TAX REFORM ISSUES On Monday , October 21 , officials from Third District cities meet at Burnsville to discuss our concerns regarding severe and costly restrictions proposed on cities' authority to issue tax-exempt municipal bonds . As a result of those discussions , several steps are being taken by those cities in attendance. They are listed below. Your city is encouraged to participate in this effort and assist in working to assure that cities maintain flexibility in the use and efficiency of municipal revenue bond programs . 1 . Cities have agreed to send individual letters to Congressman Frenzel , urging him to requewst review of staff recommendations on a description of the Consumer Loan Bond provisions (Section 103(0) ) of the 1984 Federal Tax Act (TEFRA) . The importance of this request is due to the fact that serious concern about the tax-exempt status of tax increment bonds issued since July 19 , 1984 , centers on efforts to clarify the section referred to above . Reading the copy of the attached sample letter will give you more information on the extent of threats to the current tax-exempt status of some TIF bonds . \Please use the sample letter to express your city' s concern for this matter to Representative Frenzel . It is imperative that he hears directly from cities since it is difficult to learn about proposed changes in Section 103(0) prior to House Ways and Means Committee action since meetings are held in closed executive session. Cities also agreed to send Representative Frenzel a listing of tax increment finance bonds issued since July , 19b4 , along with an indication of which districts would not have been feasible to finance without authority to do land write-downs and provision of public improvements through assessment agreements and inclusion of security devices in the TIF agreement to limit the city' s risk . Both those F,0 university avenue east, St. paui, mnnesota 55'i 01 C612) 227-5600 L relatively common aspects of tax increment financing are currently under threat , with the prospect of denial of the tax-exempt status of those bonds the possible outcome. Earlier , your city received a sample and incomplete illustration of efforts by the City of Golden Valley to identify increased bonding costs to the city resulting from federal decisions to define certain TIF agreements as private consumer loans , thereby treating the TIF bonds for such activities to be taxable. That initial analysis may give your city some direction on the preparation of further analysis of the extend of increased costs to the city of issuing taxable bonds for TIF districts if bonds were held taxable (or whether certain projects would any longer be feasible if bonds were deemed not to be tax-exempt ) . 2. Cities also agreed that federal tax reform proposals contained in the staff options developed by the House Ways and Means Committee (termed "Rosty I" ) are unacceptable and pose a major threat to the ability of many cities to continue to issue tax-exempt municipal bonds for many traditional governmental purposes . In that regard , a meeting with Congressman Frenzel ' s tax legislative assistant has been requested . It is likely that such a discussion will now take the form of a long-distance conference call from the LMC Office to Washington on Thursday, October 24 . LMC is requesting participation by local officials from cities in the Third District to illustrate the very grave threat posed by the proposed restrictions (attached ) . Since only a limited number will be able to participate in that conversation, it is also important to communicate your concerns directly to Rep . Frenzel via telegrams , phone calls , and letters . This matter is also extremely urgent, as the House Ways and Means Committee is scheduled to resume mark up of the federal tax reform package again this Friday (October 25 ) and throughout the weekend. Rep . Rostenkowski , Chair of the committee , intends to try to report out a bill by mid November. Debate re: restrictions on municipal revenue bonds could take place at any time. (In fact, we have learned that such deliberations will begin this weekendl ) 3. Suggestions were also made to urge cities to mount an effort to inform city residents through newsletters and similar communications activities the facts about federal tax reform proposals that will impact city programs and services, including issues of state-local tax deductibility and restrictions on the tax-exempt status of municipal revenue bonds . Such efforts , it was agreed , would assist cities to increase public awareness of how federal tax reform would affect city residents . Attached please find several sample statements on federal tax reform issues that may be adapted for publication. Cities that participated in the October 21 meeting included: Apple Valley, Burnsville, Eagan, Golden Valley , Hopkins , Minnetonka and Prior Lake . A number of other city officials had previously indicated interest in attending . Those cities that were unable to send representatives are encouraged to use the information contained in this mailing to assist in developing correspondence to Rep . Frenzel 4C,-, and determining other actions to gain public support for city concerns regarding tax reform proposals that adversely affect cities . PLEASE SEND A COPY OF CORRESPONDENCE AND TIF BOND INFORMATION DEVELOPED BY YOUR CITY TO ANN HIGGINS AT THE LMC OFFICE AT THE TIME YOU SEND MATERIALS TO CONGRESSMAN FRENZEL . (SEE ATTACHED LETTER FOR FRENZEL OFFICE ADDRESS . ) attachments �4 C' league of minnesote cities NOTE: SAMPLE LETTER . PLEASE ADAPT FOR USE IN CORRESPONDING WITH CONGRESSMAN FRENZEL ON THE ISSUE OF THE TAX-EXEMPT STATUS OF TAX INCREMENT FINANCING AND MUNICIPAL REVENUE BONDS . SEND LMC A COPY OF CORRESPONDENCE AT TIME OF MAILING . Representative William Frenzel 1025 Longworth Building Washington, D.C . 20515 Dear Congressman Frenzel: Actions to further restrict the tax-exempt status of tax increment finance bonds threatens the ability of to continue to support development , redevelopment , and housing in our community. Your help is needed to assist cities to secure changes in the report of the Joint Tax Committee staff entitled Descri tion of the Technical Corrections Act (H .R . 1800; S. 81 , released April , 1985 . To that end , we are requesting your review of the staff report on Section 103(0) of the 1985 Technical Corrections Act , relating to consumer loan bonds. Proposed language changes in that section, discussed with Joint Tax and House Ways and Means Committee staff earlier this month, would avoid the risk of unwarranted exposure to tax liability for TIF bonds issued by cities since the effective date of the 1984 Tax Act (TEFRA) , on July 19 , 1984 . Third district cities meeting on October 21 in Burnsville reviewed the need for corrective language to protect the tax-exempt status of bonds issued throughout the district and for cities elsewhere in the state . It is imperative that Consumer Loan Bond desription be amended to reflect that a "loan transaction" must exist in order to determine that a consumer loan bond has been issued . This subject was discussed earlier this month with committee staff, Treasury , and IRS officials by Frank Shafroth , Director of Federal Relations , National League of Cities; Jim Holmes, attorney, Holmes & Graven (representinge the League of Minnesota Cities) ; and representatives of California cities and the City of Chicago. While we felt congressional and department staff understood our concerns and might be willing to appropriately clarify this matter, we would appreciate your assistance in assuring that this is done in 1 80 university avenue east, st. paul, minnesota 551 01 (6121227-5600 order to remove a very serious obstacle to the continued use of tax increment financing by cities in Minnesota . We are grateful for your continued efforts on behalf of local government in the development of federal tax reform proposals. We remain hopeful that more reasonable and workale provisions can be designed to permit cities their proper role in providing for public improvements and the maintenance of a strong local economy . Arrangements are underway to schedule a discussion regarding our concerns about serious deficiencies in the definition of governmental and nongovernmental purposes of municipal bond financing with your Tax Legislative Assistant Diane Oberhelman. The provisions of the Joint Tax Committee staff options on municipal bonds are clearly unreasonable . We are genuinely alarmed at the extent to which strict regulation and severe restrictions of such tax-exempt financing tools obstruct traditional bonding authority of cities . We sincerely hope you will continue to work with cities to alter those extremely damaging provisions affecting municipal revenue bonds. OPTIONAL PARAGRAPH: In order to assist you in further assessing the impact of the Consumer Loan Bond Provisions for the tax-exempt status of TIF bonds , our city has prepared a checklist of proects approved since July , 1984 , to indicated which of those would require a higher cost for the city to complete and those which would not be financially feasible, given the current proposed restrictions. Sincerely, Mayor, City of enclosure (optional ) 11111 �1 � G 11 - ,.L-i league of minnesota cities SU%,.,',ARY 07 FEDERAL TAX RF,FORIM' ALTS iNATTVES PRESENTED EY STAFF OF JOINT TAX '_ y ITTEE ON SEPT . 26 , 19:3; (ROSTENK04SKI ALTERNATIVES ) Tiie following are provisions that directly affect city interests : 1 . Disallow deduction for state and local sales taxes and personal property taxes . 2. Partial state-local income and real property tax deauction of the greater of $ 1 , 000 (or $1500 for unmarried taxpayers) , or the portion in excess of 5 percent of adjusted gross income . Effective after Dec . 31 , 1985 3 . Rehabilitation tax credit of 15 and 20 percent would be reduced to a 10 percent credit for buildings constructed before 1935 . The 25 percent credit for certified hijtoric structures would be reduced to 20 percent (and the credit for depreciation would be reduced by the full amount of the rehabilitation tax credit ) . Effective for property placed in service on or after January 1 , 1986 4 . Traditional activities of states and local government would be financed with tax-exempt revenue bonds only for specific public purposes . Those listed are schools , highways, government buildings, government-owned solid waste and sewage disposal systems and government-owned water and electric facilities as well as for government operating expenses . The one percent rule contained in Treasury II has been altered to permit the lesser of 5 percent of the value of the bored - or $5 million - to be used by other than government units . (Recent discussions with House staff , IRS and Treasury officials indicate that likely difficulties will be experienced re: where more than 5 percent of the bond proceeds benefitted , directly or indirectly , anot -ler (non-governmental ) party , proceeds would be taxable . 5 . Facilities listed as exempt for purpose:: of revenue bond financing are: certain. airport facilities; certain docks and wharves : facilities for furnishing water; sewage and solid waste facilities as generally defined under current lair. 'i 93 university avenue east, st. paul, minnesota 551 01 (6121227-5600 Non-governmental property financed with tax-exempt bonus trust be owned by the State of local government unit (or be a 501 -c ax exempt organization) , except for Housing financed with mortgage revenue 'bonds and multi-family housing. 6. Rules that currently apply as requirements and limitations for Industrial Development Bonds are extended to all nongovernmental bonds. 7 . Continued use of revenue bond-financed nongovernmental p-roperty would be .required to qualify under such limitations re: uses in order to maintain their tax-exempt financing . 8 . A per capita volume limit is placed on all nongovernmental bonds (except for some airport bonds) and on the portion of government bonds in excess of $1 million used by persons other than the state or local government unit. The annual nongovernment revenue bond volume limit for each state and local issuers is set at $ 150 per resident (reduced to $100 i after 1987 ) . At least 50 percent of that volume ($75 per capita) is reserved for housing purposes (25 percent - $37 .50 per capita - after 1987 ) , unless the State specifically provides otherwise (by legislation) . The maximum amount of tax-exempt bond financing that could be used by nongovernmental interests is limited to the lesser of 5 percent or $5 million noted above in #4) . 9 . IDB arbitrage and investment restrictions are extended to all revenue bonds and restrictions on early issuance of bonds as well as limits on temporary periods during which unlimited arbitrage may be earned are established. 10 . Advance refunding of all tax-exempt bonds is prohibited (and is defined to include any refunding; that occurs more than 30 days before refunded bonds are redeemed) . 11 . For bonds issued after September 25 , 1935 , treatment of arbitrage invested in 3rd party annuity contracts must conform to treatment of suc:: proceeds invested directly in state and local government pension programs. 12. Reporting requirements for private activity (IDB) bonds are extended to all tax-exempt bonds. 13 . The requirements listed above would apply to bonds issued after, December 31 , 1985. 14 . Transitional exceptions would be permitted for "projects in process before September 26 , 1985 , " and for limited refunding of bonds that could no longer be issued under the option. 15 . The interest deduction for firiancial institutions and banks for OVER purchase or carrying of tax-exempt obligations is disallowed after 198;. Attachment 1 _ MINNESOTA Municipal Bonds Denied Tax-Exempt Status Under Treasury. Proposal ($ in Billions) 1984 Long-Term Bonds Denied Tax-Exempt Status Student Pollution $.04 Loan Bonds 5,08 Non-Profit Control IDBS ,(1:4%) $.06 (2.8%) Hospital Bonds Sewer Disposal IDBs $.1 Multi-Family 4 (3.6%) Housing IDBs � 2 ;7 1 ) 9vuneL-Occupiec` Housing Bond- !- Small Issue IDBs � $.56 = z (20.0%) Other IDBs "Governmental F 6°� (3 ) _ (General Obligati 3b•6and "Traditional General Obligation Revenue Bond; and Revenue Bonds - Defined by Trea Eliminated by Department) Proposed "1 % Rule" Total Issued: $2.8 Total Denied Tax-Exempt Status: $2.2 Source: Estimated Effect of -I% Rule" — Public Securities Association. All other Volume Figures. U.S. Treasury Department. MEMO TO: City Council FROM: Judith S. Cox, City Clerk�- I) RE: Application for $3 , 500 , 000 IR Bonds from the Toro Company DATE: November 1 , 1985 Introduction A public hearing has been set for November 6 , 1985 at 8 : 00 p.m. to consider the application from the Toro Company for $3 , 500 , 000 IR Bonds for the construction of a 83 , 000 sq. ft. addition to an existing facility and remodeling of existing facility for use as a metal fabricating plant at 600 Valley Industrial Boulevard South. Background Application has been made to the state pool for the allotment and should that be approved the application needs Council approval after holding the customary public hearing. When completed, there will be approximately 200 new jobs created by the project at an annual payroll of approximately $5 , 200 , 000 based upon currently prevailing wages. Estimated cost of the facility is: Acquisition of land $ 0 New construction 1 , 600 , 000 Demolition & site preparation 110, 000 Acquisition of equipment 748 , 000 Professional fees 85 , 000 Construction interest 100 , 000 Equipment relocation costs 387 , 000 Remodeling of existing facility 400 , 000 Construction of office improvements 150 , 000 $3 , 580 , 000 The original facility was financed with $2 ,100, 000 in IR Bonds. According to the payment schedule $900 , 000 plus any interests due has been paid through 1985. The two issues together total $5,600 , 000. The $900 , 000 which has already been paid gives an owner equity in the two projects of 16 . 070. Some factors which Council should consider in determining to give preliminary approval to the project are as follows: #1 If the Project will be adding significantly to the commercial and industrial tax base. #2 If the Project will generate employment opportunities. #3 If the payroll generated will benefit the local housing industry and local merchants. ff4 If when completed, the Project will be compatible with present and projected development in the area. :q5 If anything has come to the attention of the Council to indicate that the proposed Project would adversely and unfairly affect any other business enterprise located in the City. Comments from staff regarding the Project are as follows : The Building Inspector has no problem with the project. According to the City Planner, the I-2 zoning is appropriate, all required setbacks have been met and subdivision regulations are not applicable, therefore platting is not required. The submitted plan does not indicate proposed landscaping, building materials, screening, parking spaces, etc. , which are required prior to approval of a building permit. The City Planner recommends approval of the application, subject to the submittal of a detailed site plan at the time of building permit application. Bob Frigaard, Acting City Engineer, also commented that prior to issuance of a building permit the drainage and utility require- ments be reviewed by the new City Engineer. The Ass ' t. City Attorney has reviewed the application and finds them in order and appropriate the council consideration. City bonding counsel, O' Connor and Hannan, asked that additional information be provided for the state application and this has been done. Additional language was also recommended for the resolution of preliminary approval and this has been added to the resolution as follows: 1. That in the preliminary resolution the City retain the right to withdraw from participation and accordingly not issue the bonds, or issue them in a lesser amount, and 2. Put an expiration date on the approval, ie. 12 months - which will encourage the developer to follow through in a timely manner. Based upon the aforementioned staff comments, the application is in order. When the applicant submitted the application on October 10th, they asked Council to consider adopting the resolution giving preliminary approval after the public hearing on November 6th to accommodate the construction schedule. Alternatives After holding public hearing 1. Deny application. 2. Direct staff to put preliminary resolution on agenda for November 19th. 3 . Hold a special meeting November 12th and direct staff to put preliminary resolution on agenda. 4. Adopt preliminary resolution. Recommendation i. Hold public hearing - applicant will be present for a _brief presentation. 2. Adopt preliminary resolution ( if Council concurs with the aforementioned factors 1-5) . Action Recommended 1. Hold public hearing. 2 . Brief presentation by applicant. 3 . Adopt Resolution No. 2467 . 4. Move that the building permit application for the Toro Co. expansion and remodeling be in conformance with City Code requirements for landscaping, building materials, screening, parking spaces, drainage utilities, etc. , prior to issuance of a building permit. JSC/jms MEMO TO: Judy Cox, City Clerk FROM: Judi Simac, City Planner RE: Review of I .R. Bond Application by Toro Company DATE: October 25 , 1985 Background• As per your request, I have reviewed the application for I .R. Bonds by Toro Company, in regard to the land use and subdivision regulations of the City of Shakopee, and offer the following comments : 1. The existing zoning ( I-2 ) is appropriate for the proposed use of property which is a metal fabricating plant. 2 . All required setbacks have been met. 3 . Submitted plan does not indicate proposed landscaping, building materials , screening, parking spaces , etc. , which would be required prior to approval of a building permit. 4 . Subdivision regulations are not applicable, therefore platting not required. Recommendation: I recommend approval of the application, subject to the submittal of a detailed site plan at the time of building permit application. tw Law Offices of KRASS, MEYER & WALSTEN Chartered Suite 300 Phillip R. Krass Paralegals Marschall Road Business Center P 327 South Marschali Road Barry K. Meyer Barbara J.Hedstrom P.O. Box 216 Trevor R. Walsten Jolene R.Wagner Shakopee, Minnesota 55379 Elizabeth B. McLaughlin Lori A.Lambrecht Susan L. Estill (6121 445-5080 Shelly T.Fslsinq Of Counsel Office Manager Dennis L. Monroe Wanda Brelmhorst is•a October 23, 1985 . Judy Cox Shakopee City Clerk 129 East First Street Shakopee, MN 55379 Re: Toro Bonds - Application forwarded to me 10/17/85 Dear Judy: I have reviewed the application and the accompanying documents you forwarded to me in the above-referenced matter on October 17th. I find them in order and appropriate for council consideration. Yours very truly, KRASS, MEYER & WALSTEN CHARTERED Phillip R. Krass PRK/eg File No:1-1373-183 SUITE 800 O 'C O N N O R & H ANNA N WAS PENNSYLVANIA AVENUE N.W. WASHINGTO N.D.C.20006-3483 (202)887-1400 ATRICK J.O'CONNOR JAMES P.O'MERARA ATTORNEYS AT LAW PATRICK J.O'CONNOR PATRICK E.ODONNELL- JOE A LTERS DOUGLAS) NZEN EDWARD W.BROOKE• OSEPH H.BLATCHFORD• AS A KELLER I M D.H NOMAS B.EVAN S,JR.• MICHAEL E.MCG DIRE AVIID W.KELLEr H�ROBERT MAIL DONALD 5.ARBOUR• ROBERT J.CHRISTIANSON,JR. STEVEN J.TIMMER .3800 1 DS TOWER JOSEP. E.DILLON CAROL N.PARK• FRANK J ALZ DAVID K NTORTHOMAS H.OUINN- vEVE• MES R DORSEv A CpSCHWART2 DAVID R REW J "EA NB.w RICHARD GE MORGAN JOSEPNL E'PATT ON* WILL-1 P AND AEVA 80 SOUTH EIGHTH STREET rLES J. MBRosE• cHARLEsw.wRRlsoNm- DOUGLAI MM CC ARNIVAL DORIC RICHARD BENEsn TERENCE P.BOrLE• GORpON K.GArER• KENTS.RICHEv EVIN USCH HOPE S.FOS T ER FHRISTINA w.F LEPS• RR SHERA NEIN wgocD IMi ONE ORD M I N N EAPO LIS, M I N N ES OTA 55402-2254 THOMAS P P,CLAN v: GORDON LEE RT O N,JR. UL EIMERREL— ORD S BARRY J.CU TLER. Cn RISEL F D1OHN A.. .COURSEN• IC ROBERTAAU IG LAURENARALONERGAN CHARNEY JRE G E N S T EIN• FRE DERIC KBW UM ORRIS DANIEL L ES MICHAEL J CSE LON• PETER C.KISSEL• WILLIAM E.FLYNN LESLIE T.SIINNER (6 12) 341-3800 OF TELEX 29-0584 OF COUNSEL WILLIAM T.HANNAN FREDERICK UW.THOMAS JOSEPH F.CASTIE LLO• WILLIAM C.KELLY(Ia IB-1970) SUITE 4700,ONE UNITED BANK CENTER N F 1700 LINCOLN STREET DENVER,COLORADO 60203 VELAZOUEZ,21 SAD MI TT ED IN vlRol N,A 0HLr WRITERS DIRECT DIAL NUMBER (303)830-1700 MADRID I,SPAIN 431-31-00 .. 3 4 3-1 2 5 2 DAVID BURLINGAME• LARRY D.GALLEGOS TELEX 23543 MARTIN 1,BERLIN R- JENCE -.1—AS. _ ARNOLD RPLAN- JAMES E.GIGAX COUNSEL ROBERT WIEGANoII• FRANK J.WIRGA• October 28 , 1985 Ms . Judy Cox City Hall 129 East First Avenue Shakopee , Minnesota 55379 Re: Toro Company Dear Judy: I have reviewed the materials you sent regarding the above-referenced company. I suggest that the company complete the application to the state. There are some blanks concerning the existing jobs , jobs created by the construction project, number of hours and average wage levels. Most companies are capable of arriving at an estimate of such information. Additionally , the tenative term of the financing should be set forth. You should receive a signed copy from Doherty, Rumble & Butler as to their opinion, which should also be on their letterhead. Regarding the preliminary resolution, I suggest that you add the paragraph giving you the absolute right to not issue bonds . This is the paragraph we have discussed before. Finally, I suggest that you receive from Toro a letter expressly agreeing to pay all City fees . If you have any further questions , please give me a call . Very truly yours , Kent E. Ric KER:lms cc : Mr. Rod Krass STATE OF MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT FINANCIAL MANAGEMENT DIVISION Application for Approval of Industrial Development Bond Project Pursuant to Chapter 474 (Please submit this form in duplicate — all supporting data in single copy only) Date: The governing body of the City of Shakopee County of Srott Minnesota,hereby applies to the Minnesota Department of Energy and Economic Development (Department)for approval of a proposed Industrial Development Bond issue as required by Minn. Stat. 474.01, subd. 7a. An allocation of issuance authority under Minn.Laws 1984,ch. 582 §13-20(to be codified as Minn.Stat.474.16 — 474.24)for this proposed issue has D, has not R. been received from the Department. (If an allocation has been received, please show source: Entitlement ❑, Competitive Pool O) We have entered into preliminary discussions with: Firm: The Toro Company Attorney: Address: 8111 Lyndale Avenue South Address: E-1500 First Nat'l Bank Bldg. City: Bloomington State: MN City: St. Paul State: MN — Name of Project: The Toro Company Shakopee Plant This firm is engaged primarily in (nature of business): Manuf acturing The proceeds from the sale of the Industrial Development Bonds will be used to(describe project): finance construction of an approximately 83,000 s f addition to existing facility and remodeling of existing. facility for use as a metal fabricating plant Address of Project: 600 South Industrial Boulevard Shakopee, MN Proceeds from the sale of the bonds of approximately $ 3,500,000 , will be applied toward payment of costs now estimated as follows: Acquisition of land: $ —0 New construction: 1,600.000 Demolition and site preparation: 110,000 Acquisition of Equipment: Movable (limited to 10%of proceeds) 748,000 Other —0 Installation —0 Fees: Architectural,engineering, inspection,fiscal, legal, administration, or printing: 85,000 Construction Interest: 100,000 Initial Bond Reserve: —0 Contingencies: _0 11137 .000* Other: *equipment relocation costs: $387 ,000; internal plant preparation (remodeling of existing facility) : $400,000; construction of office improvements: S150.000. It is presently estimated that construction will begin on or about November 1 19 85 , and will be completed on or about 19 86 . When completed, there will be approxi- mately 200 new jobs created by the project at an annual payroll of approximately $ based upon currently prevailing wages. (If applicable) There are existing jobs provided by business. (If applicable)There will be 100 jobs created by construction of the project. Number of hours 15.000Aver- age wage level $ 18.00/hr- The tentative term of the financing is 30 years, commencing December 15 19 85 The following exhibits are furnished with this application and are incorporated herein by reference: 1. An opinion of bond counsel that proposal constitutes a project under Minn. Stat. 474.02 and Minn. Laws 1984, chp. 582 4 12 (to be codified as Minn. Stat. 474.23). 2. A copy of the city council resolution giving preliminary approval for the issuance of its revenue bonds and stating that the project, except for a project under Minn. Stat. 474.02, subd. 1 f, would not be undertaken but for the availability of Industrial Development Bond financing. 3. A comprehensive statement by the municipality indicating how the project satisfies the public or purpose and policies of Minn. Stat. ch. 474. 4. A letter of intent to purchase the bond issue or a letter confirming the feasibility of the project from a financial standpoint. 5. A statement signed by the principal representative of the issuing authority to the effect that upon entering into the revenue agreement,the information required by Minn.Stat.474.01,Subd. 8 will be submitted to the Department (not applicable to project under Minn. Stat. 474.02, subd. 1 f). 6. A statement signed by the principal representative of the issuing authority that the project does not include any property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. 7. A statement signed by the principal representatives of the issuing authority stating that the project: (1)does not include: an airplane; a private luxury box; a facility primarily used for gambling; or a store the principal business of which is the sale of alcoholic beverages for consumption off premises; and (2)that no more than 10 percent of the proceeds of revenue bonds will be used to finance movable equipment not constituting a fixture, no more than 25 percent of revenue bonds will be used to finance the acquisition of land, and not more than $10,000,000 in revenue bonds which are industrial development bonds subject to the exemption described in section 103(b)(6) of the Internal Revenue Code of 1954, as amended December 31, 1983, will be issued with respect to any one building which is used for commercial, office or industrial purposes, with- out regard to ownership of condominium units within the building. 8. A statement signed by a representative of the issuing authority that a public hearing was conducted pursu- ant to Minn.Stat.474.01,Subd. 7b.The statement shall include the date,time and place of the meeting and certify that a draft copy of this application with all attachments was available for public inspection and that all interested parties were afforded an opportunity to express their views. 9. Copies of notices)as published which indicate the dates)of publication and the newspapers)in which the notice(s) were published. 10. Provide a plan for compliance of employment preference of economically disadvantaged or unemployed indi- viduals. (See Minn. Stat. 474.01, Subd. 1 1.) We, the undersigned, are duly elected representatives of the Cite of Shakopee Minnesota and solicit your approval of this project at your earliest convenience so that we may carry it to a final conclusion. Signed by: (Principal Officers or Representatives of Issuing Authority; type or print official's name on the line to the left of the signature line. Thank you.) Mayor chair Signature •True. City Clerk—Administrator Signature This approval shall not be deemed to be an approval by the Department or the State of the feasibility of the project or the terms of the revenue agreement to be executed or the bonds to be issued therefor. Authorized Signature Minnesota Department of Date of Approval Energy and Economic Development Please return to: Minnesota Dept. of Energy and Economic Development Business Financial Management 900 American Center Building 150 East Kellogg Blvd. St. Paul, Minnesota 55101 MICHAEL J.DOHERTY(1882-19731 DOHERTY, RUMBLE & BUTLER EDWARD F.FOX RICHARD B.PETERSON WI LFRID E.RUMBLE(1891-19711 JONATHAN P.5COLL PIERCE BUTLER,JR.11893-1957 93-19571 PROFESSIONAL ASSOCIATION JOHN E.VUKELICH J.C.FOOTE TERENCE P.DUR KIN IRVING CLARK ATTORNEYS AT LAW ELIZABETH HGENE FRANK CLAYBOURNE MARYE.PROBST JOHN L.HANNAFORD 1500 FIRST NATIONAL BANK BUILDING LISA M.HURwITZ PERRY M.WILSON,JR, KAREEN R.ECKLUND JEROME HALLORAN DAVID M.CRE MONS HENRY D.FLASCH SAINT PAU LM 1 N N ESOTA 551 OI SUE ANN NELSON �EUGENE M.WARLICH BRENT D.BOSTROM JAMES K.WITTENBERG ANN E.TOBIN JOHN J.MSGIRL,JR. TELEPHONE 16121 291-9333 THOMAS F.SURPRENANT THOMAS E.ROHRICHT LORI WIESE-PARKS Boy H.RATCHYE WRITER'S DIRECT DIAL NUMBER DONALD S.M!CAULEY RALPH K.MORRIS JEFFREY A.REDMON BRUCE E.HANSON CYNTHIA M.WHITEFORD J.LAWRENCE MSINTYRE DAVID P.SWANSON RICHARD A.WILHOIT RONALD D.MCFALL WILLIAM J.CO SGRI FF ROBERT P.MANDEL JAMES A.STOLPESTAD MINNEAPOLIS OFFICE SUSAN C.WEINGARTN ER RUSSELL C.BROWN PATRICK GARRY STEPHEN E.SMITH 3750 IDS TOWER TONIA T.KtTTELSON GARY L.GANDRUD ERIN K.JORDAHL JAMES J.RYAN MINNEAPOLIS,MINNESOTA 55402 MARC J MAN DERSCHEID RONALD A.ZAMANSKY DAWN L.W.NIE S DEAN RE EDSTROM TELEPHONE 16121 340-5555 DONALD SETZE C.ROBERT BEATTIE GENA M. DAVID G.MARTIN TELEX 290-635 MARTHA CLARK TIMOTHY R.OUINN November 1 1985 JAMS M.CLAY ALAN (.SILVER / JAMES R.CRASSWELLER JOHN A.YILEK JEFFREY B.OBERMAN OF COUNSEL GREGORY A.KVAM INCLUDING MEMBERS OF THE FORMER FIRM OF DANIEL W.O'BRIEN PENELOPE A.HUNT WILLIAM B.RAN DALL PHILIP L.ERICKSON STOLPESTAD,BROWN & SMITH FRANK S.FARRELL WILLIAM L.SIPPEL RICHARD H.MAGNUSON KIMBALL J.DEVOY PROFESSIONAL ASSOCIATION GEORGE C.KING GARY HAN5EN CARLA.SWENSON DAVID P.DYSON Minnesota Department of Energy & Economic Development 900 American Center Building 150 East Kellogg Boulevard St. Paul, MN 55101 Re: City of Shakopee , Minnesota $3, 500 , 000 Industrial Development Revenue Bonds (The Toro Company Project) Series 1985 . Dear Commissioner : Based upon a preliminary review of certain facts and circumstances presented to us concerning the project proposed to be financed by the issuance of the above-referenced Revenue Bonds, it is our opinion that such project qualifies as a "project" within the meaning of Minnesota Statutes, Section 474. 02, Subdivision la, and Minnesota Statutes , Section 474. 23. Very truly yours , DOHERTY, RUMBLE & BULTER Professional Association i Y DPS:et04 November 1985 Minnesota Department of Energy and Economic Development Authority 900 American Center Building 150 East Kellogg Boulevard St. Paul, Minnesota 55101 Re: City of Shakopee, Minnesota $3 , 500 , 000 Industrial Development Revenue Bond (The Toro Company Project) Series 1985 Dear Commissioner : Enclosed herewith are two copies of the application of the City of Shakopee, Minnesota for approval of an industrial revenue bond project to be owned and operated by The Toro Company. The Project consists of the construction of an approximately 83,000 square foot addition to The Toro Company ' s existing facility located in the Valley Industrial Park in the City, and certain remodeling of the existing facility, for use as a metal fabricating plant. Copies of items 1, 2 , 4 and 9 on the list of exhibits required by your application form are attached to each of the enclosed applications, and the information and representations required by items 3 , 5, 6, 7 , 8 and 10 are contained below. As indicated by the Preliminary Resolution adopted by the Shakopee City Council on November , 1985 ; we believe that the Project furthers the purposes set forth in Minnesota Statutes, Section 474 . 01. When completed, the Project will provide employment for approximately 200 persons in the City and the surrounding area, and it will expand the tax base of the City by adding facilities with an estimated value of $3 , 400 ,000 . We also believe that this Project serves the interests of the City by diversifying the commercial/industrial base and would therefore tend to ease the adverse effects of any general economic downturn. Furthermore , based on representations of The Toro Company, the City Council believes that the Project, when completed, will be compatible with present and projected development in the area of the Project, and nothing has come to the attention of the City Council to indicate that the proposed financing of the Project by the City would adversely and unfairly affect any other business enterprise located in the City. Reference is made to the Preliminary Resolution for a more complete description of the nature of the public purposes that will be served by the issuance of industrial development revenue bonds for the Project . Upon entering into a revenue agreement with The Toro Company, concurrently with the issuance of the revenue bonds for the Project, the City will provide you with information which is required to be submitted by Minnesota Statutes, Section 474 . 01 , Subdivision 8. The Project does not include, and none of the proceeds of the revenue bonds issued to finance the Project will be used to finance, any property to be sold or affixed to or consumed in the production of property for sale or any housing facility to be rented or used as a permanent residence. Based on representations of The Toro Company, the City Council believes that the Project: (1) does not include: an airplane; a private luxury box; a facility primarily used for gambling; or a store the principal business of which is the sale of alcoholic beverages for consumption off premises ; and ( 2 ) that not more than 25% of revenue bonds will be used to finance the acquisition of land, and not more than $10,000,000 in revenue bonds which are industrial development bonds subject to the exemption described in Section 103(b) ( 6) of the Internal Revenue Code of 1954 , as amended December 31, 1983, will be issued with respect to any one building which is used for commercial, office or industrial purposes, without regard to ownership of condominium units within the building. Prior to adoption of the Preliminary Resolution, the Shakopee City Council conducted a public hearing at 8 : 00 P.M. on November 6 , 1985 , at the Council Chambers , Shakopee City Hall, 129 East First Avenue, in the City of Shakopee, as required by Minnesota Statutes, Section 474 . 01, Subdivision 7b, at which time draft copies of this application and all attachments hereto were made available for public inspection. Notice of the public hearing was published in the Minneapolis Star and Tribune on October , 1985 , and in the Shakopee Valley News on October , 1985 , and copies of affidavits of publication with respect to such notice are attached to the application. At the time and place fixed for the public hearing, all persons in attendance were afforded an opportunity to express their views either for or against the Project and the financing thereof . The City will undertake to encourage that the employment opportunities made available by the Project will, if feasible, be offered to individuals who are unemployed or economically disadvantaged as contemplated by Minnesota Statutes, Section 474 . 01 , Subdivision 11 . The City will comply with the reporting requirements set forth in said Section 474 . 01 , Subdivision 11 . -2- Based on our application enclosed herewith, the exhibits and attachments to such application and the information and representations provided in this letter , we respectfully request your prompt approval of the Project under the provisions of Minnesota Statutes , Chapter 474 . Very truly yours , CITY OF SHAKOPEE, MINNESOTA By Mayor DPSdoc15 -3- (Letterhead of Toro Company) 1985 //X// City Council City of Shakopee, Minnesota City Hall 129 East First Avenue Shakopee, MN 55379 Re: City of Shakopee, Minnesota $3, 500, 000 Industrial Revenue Bonds (The Toro Company Project) Series 1985. Members of the City Council: In accordance with Minnesota Statutes, Section 474 . 01, Subdivision 11 , The Toro Company hereby agrees to make every effort to comply with the requirements of said Section for the purpose of providing employment to those individuals who are unemployed or who are economically disadvantaged and who otherwise qualify for employment at the project located in the City of Shakopee, Minnesota, and to be financed by the above- referenced Revenue Bonds. It is the intention of The Toro Company, whenever feasible, to use the Job Service Bureau of the Economics Security Department of the State of Minnesota as a first source for employment recruitment and referral. It is further the intention of the Toro Company to provide such reports to the Commissioner of the Department of Energy and Economic Development of the State of Minnesota as may be required by Minnesota Statutes , Section 474. 01, Subdivision 11, or other laws of the State of Minnesota. Very truly yours, THE TORO COMPANY By Its DPS•pfm: 04 (Letterhead of Financial Institution) 7 1985 //x// Minnesota Department of Energy & Economic Development 900 American Center Building 150 East Kellogg Boulevard St. Paul, MN 55101 //x// Re: City of Shakopee, Minnesota $3, 500 , 000 Revenue Bonds (The Toro Company Project) Series 1985 . Dear Commissioner: We have informally considered the economic feasibility of the above-referenced bonds to be issued under the provisions of the Minnesota Municipal Industrial Development Act to provide bonds for construction of an approximatley 83 ,000 square foot addition to an existing facility to be operated as a metal fabricating plant and to be located in the Valley Industrial Park in the City of Shakopee, Minnesota. The proposed project will be initially owned by The Toro Company, a Delaware Corporation. Based on our preliminary investigation, we believe the project is economically feasible and the Industrial Development Revenue Bonds of the city can be successfully issued and sold. We would be interested in purchasing said bonds, subject to the , approval of the project by the Minnesota Department of Energy and Economic Development and subject to final agreement by and among the City of Shakopee, Minnesota, The Toro Company and the undersigned as to final terms and conditions of the issuance and sale of the bonds . Sincerely, By Its DPS:pfm: 03 RESOLUTION No. 2467 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA GIVING PRELIMINARY APPROVAL, PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, OF AN INDUSTRIAL PROJECT TO BE CONSTRUCTED BY THE TORO COMPANY IN THE CITY; AUTHORIZING THE SUBMISSION OF AN APPLICATION WITH RESPECT TO THE PROJECT TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY; AND RELATED MATTERS. WHEREAS, the City of Shakopee, Minnesota ( the "City" ) is authorized pursuant to the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended ( the "Act" ) , to issue its revenue bonds for the purpose of financing certain "projects, " as defined in the Act, and thereby promote the welfare of the inhabitants of the City and the State of Minnesota by attracting and encouraging the development of economically sound industry and commerce and preventing the emergence of blighted and marginal lands and areas of chronic unemployment; and WHEREAS, The Toro Company, a corporation organized under the laws of the State of Delaware ( the "Company" ) , has submitted an application to the City proposing that the City undertake the financing of a Project (as hereinafter described) on behalf of the Company through the issuance of its Revenue Bond or Bonds or Revenue Note or Notes, in one or more series (such Revenue bonds or Notes being hereinafter referred to as the "Revenue Bonds" ) , in a maximum aggregate face amount of $3,500,000, pursuant to the Act; and WHEREAS, the "Project" to be financed by the Revenue Bonds consists of the acquisition and construction by the Company of an approximately 83,000 square foot addition to the Company ' s existing facility, including certain remodeling of the existing facility, for use as a metal fabricating plant, which Project will be located in the Valley Industrial Park, at 600 South Industrial Boulevard, in the City; and WHEREAS, the Company' s application to the City indicates that the Project, if and when completed, will further the general purposes contemplated in Section 474. 01 of the Act in that it will add to the tax base of the City and County and school district in which the Project is located, and will increase employment opportunities for residents of the City and the surrounding area; ;and WHEREAS, a public hearing with respect to the Project was held by the City Council of the City on November 6 , 1985 , after publication of notice thereof as required by the Act , and a 7 draft application to the Minnesota Energy and Economic Development Authority for approval of the Project was available for inspection by the public in the Office of the City Clerk- Administrator at all times from the publication of such notice to the date of said public hearing; and WHEREAS, the Revenue Bonds, if and when issued, will not constitute a charge, lien or encumbrance upon any property of the City and such Revenue Bonds will not be a charge against the City' s general credit or taxing power , but will be payable solely from amounts derived from a revenue agreement to be entered into between the City and the Company; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota as follows: ( 1) On the basis of information provided to the City to date, and the views expressed at the public hearings held on November 6, 1985 with respect to the Project, it is hereby found and determined (a) that the Project constitutes a "project" within the meaning of Section 474 . 02, Subdivision la of the Act, in that the Project will be used in connection with a revenue producing enterprise, (b) that the Project furthers the purposes set forth in Section 474. 01 of the Act, in that the Project will tend to add to the tax base of the City and the surrounding area, and will promote the development of economically sound industry in the City, (c) that but for the availability of tax-exempt industrial development bond financing the Project would not be undertaken by the Company, and (d) that, as an inducement to the Company to acquire and construct the Project in the City, it is in the best interest of the City to issue its Revenue Bonds in a maximum aggregate face amount of $3, 500,000, pursuant to the Act, to finance costs of the Project and to pay necessary costs incidental to the issuance of said Revenue Bonds. ( 2) It is hereby determined by the City Council of the City that it is desirable to proceed with the Project and the financing thereof and the City Council hereby declares its present intention to have the City issue the Revenue Bonds in a maximum aggregate face amount of $3, 500,000 , pursuant to the Act, to finance the Project. All details of said Revenue Bonds and the provision for payment thereof shall be subject to final approval by one or more resolutions of the City Council of the City, and the issuance of said Revenue Bonds shall be subject to the approval of the Project by the Minnesota Energy and Economic Development Authority ( the "Authority" ) and obtaining an allocation of issuance authority for industrial revenue bonds from the Authority pursuant to the Act, and may be subject to such further conditions as the city may specify. ( 3 ) If the Revenue Bonds are issued and sold, the City and the Company shall enter into a lease, mortgage, direct or installment sale contract , loan agreement, take or pay or similar -2- agreement , secured or unsecured, satisfying the requirements of the Act (the "Revenue Agreement" ) . The amounts payable by the Company to the City under the Revenue Agreement shall be sufficient to pay the principal of and interest and redemption premium, if any, on the Revenue Bonds as and when the same shall become due and payable, and the Revenue Agreement shall otherwise . comply with the requirements of the Act . ( 4) In accordance with the Act, the Mayor and City Clerk are hereby authorized and directed to submit an application to the Authority for approval of the Project and, if necessary, for obtaining issuance authority for the Revenue Bonds . The Mayor , City Clerk , City Attorney, bond counsel and other officers, employees and agents of the City are hereby authorized to provide the Authority with any preliminary information necessary for this purpose, and such officers are hereby authorized to assist in the preparation of the Revenue Agreement and such other documents as may be appropriate in connection with the Project and the issuance of the Revenue Bonds. ( 5) It is hereby determined that any and all direct and indirect costs incurred by the City in connection with the Project, whether or not the Project is approved by the Authority or the City obtains the necessary allocation of issuance authority, and whether or not the City by resolution authorizes the issuance of the Revenue Bonds, shall be paid by the Company upon request. ( 6 ) The adoption of this Resolution shall not be deemed to establish any legal obligation on the part of the City or its Council to issue or cause the issuance of the Bonds . The City retains the right in its sole discretion to withdraw from partici- pation and accordingly not issue the Bonds , or issue the Bonds in an amount less than the amount referred to herein. ( 7 ) If the final resolution for the Bonds does not occur prior to twelve months from the date of this resolution, or any subsequent resolution providing any extension thereof , this Resolution shall expire and be of no further effect. ( 8 ) This resolution shall become effective immediately upon its passage. Adopted in session of the City Council of the City of Shakopee , Minnesota held this day of 1985 . Mayor of the City of Shakopee ATTEST: City C:ierk Approved as to form this day of 1985 . City Attorney -a- MEMO TO: Judith Cox, Acting City Administrator FROM: Judi Simac , City Planner RE: Authorizing Acquisition of Property for Roadway Construction for Prairie House Addition DATE: November 1, 1985 Introduction: Currently the Planning Commission is reviewing the proposed plat of Prairie House lst Addn. The plat, located east of Valley- fair, consists of one block, with two lots , and an outlot. Proposed development of the lots is a motel and restaurant. At issue, is the access to the development from T.H. 101. Enclosed is a set of plans which illustrate two alternatives for access. Alternative no. 1 proposes access via the Valleyfair driveway at the signalized intersection of Valley Park Drive and T.H. 101. Alternative no. 2 proposes direct access from T.H. 101 approximately 1250 feet east of the Valleyfair entrance. This alternative would require the construction of a 530 foot turn land and a 450 foot acceleration lane. Background: The Minnesota Dept. of Transportation and City staff recommend Alternative No. 1 for the design of the frontage road to serve the development. The developer has indicated to staff that they also prefer Alternative No. 1. During several discussions among MnDOT, the developer, Valleyfair and staff, representatives of Valleyfair have expressed their opposition to Alternative No. 1. Staff has reason to believe that the developer has negotiated unsuccessfully with Valleyfair to reach some agreement on an exchange of land. In order to move the platting process along, and to follow the recommendation of the Planning Commission, staff requested the Ass ' t City Attorney to prepare a Resolution to Authorize Condemnation for City Council consideration. This morning, staff received the attached letter from. Valleyfair which outlines a proposal for giving an access easement to the developer, subject to conditions. Staff has no indication as to whether the developer is aware of this proposal, or if he would be agreeable to the conditions. The Ass ' t. City Attorney has recommended to staff that we pursue the condemnation process, irregardless of the Valleyfair letter. If, during the ninety day condemnation process , the developer and Valleyfair come to a binding agreement, the condem- nation process can be terminated. Staff Reco=endaticn: Staff recommends that Alternative No. 1, as illustrated on the revised preliminary plat of Prairie House Addn. , be selected as the most desirable access to T.H. 101 for the proposed develop- ment. It is also recommended that the City Council authorize the acquisition of property for the construction of the frontage road. Action Requested: Offer Resolution No. 2468 , a Resolution Determining the necessity for and authorizing the acquisition to certain property by proceeding in Eminent Domain for Purposes of Constructing a Roadway, and move for its adoption. L Da� f=amily Amusement Pzmz One Valleyfair Drive, Shakopee, NIN 55379 (612) 445-7600 October 31, 1985 Ms. Judi Simac City Planner City of Shakopee 129 East First Avenue Shakopee, MN 55379-1376 Dear Ms. Simac: As you know, Valleyfair has participated in various discussions with city staff, MN/DOT staff and representatives of Curtis Bradford to discuss alternative access plans for the Bradford property. Valleyfair recently learned of the city staff's intent to request City Council approval to com- mence condemnation to implement the roadway plan as shown on Preliminary Plat, Alternative 1, dated October 9, 1985. Valleyfair desires to resolve the access issue without condemnation. However, we are very concerned about a safe and convenient access to Valleyfair, especially during our peak hours of operation. Outlined below is a proposal to resolve the issue which we feel continues our existing access and allows access to the Bradford property. BRW, a traffic consulting firm, assisted in the engi- neering preparation of this proposal . Valleyfair is prepared to give an access easement across Valley Park Drive for the 58 acre Bradford development; subject, but not limited to, the following conditions: * The existing island defining the right turn lane from westbound Hwy. 101 to northbound Valley Park Drive is reduced in size to correspond- ingly reduce to operating need on the road at no cost to Valleyfair. * A new sign that presents the same image of the existing marquee is constructed on Valleyfair property west of Valley Park Drive at no cost to Valleyfair. The existing marquee would be removed. * Fix the grade on the existing Valley Park Drive access road at no cost to Valleyfair. * Provide new secure closure gates in the area where the relocated entrance gate is shown on the Preliminary Plat, Alternative 1, at no cost to Valleyfair. * Replace any altered landscaping at no cost to Valleyfair. I i Ms. Judi 5 i Ta c October 31, :935 }U( Page 2 * Convey a piece of property approximately 50 feet by 1 ,013 feet located in the northwest corner of the Bradford property at a cost of $1.00 to Valleyfair. * A stop sign be located for the westbound traffic on the new frontage road. * No roadway construction would occur during Valleyfair operation. * Pay all consulting and legal fees not to exceed $5,000.00 Valleyfair is also very concerned about the traffic impacts of the development of the remaining 50 acres in the Bradford development. Depending upon the specific uses that are developed, significant additional traffic could result. If traffic operational problems occur at the inter- section of Valley Park Drive and the new frontage, Valleyfair will not par- ticipate in the cost of resolving the problem. The most likely solution is an additional access point to Hwy. 101 as shown on Preliminary Plat, Alternative 2. Valleyfair would be willing to meet with you as soon as possible to discuss this matter. PS//in A ely, c��2 �/ Richard L. Kinze Vice President/General Manager RLK:dw cc: Richard Wolsfeld, BRW John Anderson, City of Shakopee Frank Claybourne, Doherty, Rumble & Butler Walt Wittmer, Valleyfair RES OLUTION NO. 2 4 6 8 D RESOLUTION DETERMINING THE NECESSITY FOR Ai'D AUTHORIZING THE ACQUISITION OF CERTAIN PROPE.,TY BY PROCEEDING IN EMIP ENT DOt211r' FO?, PURPOSES OF CONSTRUCTIT'G A ROADWAY jv7I=, AS, the city council has heretofore determined that the City of Shakopee should establish frontage road access to Prairie House Addition, a proposed subdivision near Valley Fair; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE AS FOLLOWS: 1. Acquisition by the city of the following described property is necessary for the purpose of providing frontage road access to the proposed subdivision of Prairie House Addition, said property described on the attached Exhibit A which is made a part hereof and incorporated herein by reference. 2. The city attorney is authorized and directed on behalf of the city to acquire the real estate above described by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minnesota Statutes, Section 117.042. The city attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Adopted by the City Council this day of 1985. Eldon Reinke, Mayor ATTESTED TO BY: Judith S. COX, City Clerk Prepared by Krass , Meyer & Walsten Exhibit- A That part of Section 3 , Township 115 , Range 22 , Scott County, Minnesota described as follows : Beginning at the intersection of the northerly right-of-way line of State Trunk Highway No. 101 and the North-South Quarter line of said Section 3 ; thence on an assumed bearing of North 73 degrees 15 minutes 41 seconds West, along said northerly right-of-way line, 190 . 00 feet; thence North 16 degrees 44 minutes 19 seconds East, a distance of 125 . 00 feet; thence South 73 degrees 15 minutes 41 seconds East, parallel with said northerly right-of-way line, 152 .72 feet to its intersection with the said North-South Quarter line ; thence South 0 degrees 48 minutes 00 seconds West, along said Quarter line, 124 . 80 feet to the point of beginning. MEMO TO: Judith Cox, Acting City Administrator FROM: Judi Simac, City Planner RE: Preliminary Plat of Shakopee Valley Square lst Addn. DATE: October 31, 1985 Introduction• At their October 22 , 1985 meeting the Planning Commission approved a motion to recommend to the City Council preliminary plat approval of Shakopee Valley Square lst Addn. subject to conditions. Background: The recommended conditions of approval are as follows: i. Name of the plat be changed to Shakopee Valley Square lst Addition. 2 . Approval of a Title Opinion by the City Attorney. 3 . Vacation of drainage and utility easements which were dedicated in Halo 2nd Addition. 4. Submittal of an EAW to the EQB for review and comment, followed by a determine of the EQB that the proposed recre- ational development does not have the potential for significant environmental effects. 5 . The developer shall obtain the required permits from the Lower Minnesota Watershed District, the Dept. of Natural Resources, and the Mn Dept. of Health for construction in the floodplain. 6 . The developer shall obtain a permit from MnDOT for construction and alteration of curb cuts in the right of way. 7 . The City Engineer must receive and approve final plans and specifications for all public facilities including, but not limited to, roads, sanitary sewer system, storm sewer and grading. 8 . The developer shall submit a recordable Association Agreement which describes the operation and maintenance of shared parking arrangement among lot owners. 9 . Submittal of a detailed landscape, lighting and signage plan prior to final plat approval. Any signage variances shall be considered in separate applications. 0 . The City shall retain the easement for the parkway which extends across lot four. Prior to final plat approval the City Council shall determine whether the easement shall remain public or private and whether it should be constructed to standard design criteria. 1. Execution of a Developer ' s Agreement for the construction of the required improvements : a) A sidewalk to be reconstructed along the north side of T.H. 101 in accordance with the Design Criteria and standard specifications of the City of Shakopee. b) Water system and electric to be installed in accordance with the requirements of the SPUC Utilities Manager. c) The developer shall agree to the City Engineer' s method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. d) Installation of fire hydrants in accordance with the requirements of the Fire Chief and City Engineer. e) Construction of Bluff Street, to serve lot four and all other street improvements to be made, in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. f ) Sanitary sewer and storm water system to be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. g) A copy of the Rules and Regulations of the Shakopee Valley Square Campground shall be made a part of the Developers Agreement to ensure that the operator of the campground has the authority to remove any occupants or equipment within twenty-four hours after the river stage reaches a point of two feet below the lowest sanitary sewer. h) Park dedication fee to be paid for the existing lots 2 and 3 of Halo 2nd Addn. ( amount of $1736. 00 for each lot) . The City Council shall determine whether a park dedication fee shall be paid for lots 4 and 5 of the plat, or that the existing public easement is satisfactory. 2 . No new construction of permanent buildings within the easements. i3 . The disposition cf Lot 5 , via sale or construction of additional facilities subject to staff review of parking use and require- ment. Easements on Lot 5 to include the e„isting brick building until such time as prior constructed public facilities can be located. Please note that condition u10 requires the City Council to determine whether the existing easement on the property should remain public and whether the easement should be constructed into a public road for access to Memorial Park to the east. The decision does not have to be made until final plat approval, and staff would like to have additional time for more research and a site visit with the DNR to determine feasibility. The resolution of this condition will affect condition no. llh which regards additional park dedication. Action Requested: Offer a motion to grant preliminary plat approval of Shakopee Valley Square 1st Addition, and move for its adoption, subject to conditions . tw I MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Overhead Door Bid - Fire Station and Public Works Building DATE: October 28, 1985 Introduction and Background: The bids were opened for the door installation project for the above captioned buildings on 10/25/85 . The results are as follows : Fire Station Public Works Kens Steel Door $5477 . 75 Kens Steel Door $8583 . 98 DC Peterson $6398.00 DC Peterson $8795.00 RE Oslund $6895 .00 RE Oslund $9500. 00 Kens Steel Door is $920. 25 lower on the Fire Station bid and $211 .02 lower on the Public Works bid. Recommendation: I recommend we take Kens Steel Door bid on the Fire Station for $5477 . 75 and DC Peterson on the Public Works building for $8795.00. I recommend the Peterson Company for the Public Works building because all of the doors installed to date are Peterson doors . I think it will look bad and break up the building continuity if we have two different styles of doors in the openings . Action Requested: 1 . Authorize staff to have Kens Steel Door furnish and install the doors at the Fire Station for $5477 . 75 . 2 . Authorize staff to have DC Peterson furnish and install the doors at the Public Works building for $8795 . 00. LH: cah Staff Note: Kens Steel Door does meet specifications as published and is the low bid. The above action does not accept the low and therefore there is a potential for Kens Steel Door to contest the award. i MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Memorial Park Footbridge Project DATE: October 21 , 1985 Introduction and Background: Normal procedure for the purchase of equipment or supplies over two thousand dollars is to obtain two quotes . As I am the "contractor" on this project and the material used is specialized without two vendors able to quote , I have ordered the material I need for the Memorial Park Footbridge Project. Fifty percent of the steel payment is due upon receipt and the balance due upon project completion. Technically, if you consider the quote from Job Erection and Engineering for $31 ,000, I have two quotes . Action Requested: Authorize payment of $2 ,275 . 00 to Schilz Ornamental Iron, one-half payment of beams for Memorial Park Footbridge Project . LH:cah n -4_ MEMO TO: City Council FROM: LeRoy Houser, Building Official e RE: Meat Slicer for Sr. Hirise DATE: October 21 , 1985 Introduction: Our Congregate Dining kitchen has been in need of a meat slicer. Background: I had the opportunity to obtain a meat slicer for the Hirise that was used. It would normally sell for $600 on the used equipment market. I had the opportunity to purchase one for $250. I was not budgeted for the purchase of the meat slicer, but I purchased it in anticipation of Council approval . Recommendation: Authorize the purchase of the meat slicer for $250.00. Action Requested: Authorize the purchase of the meat slicer for $250 .00 from the Contingency Fund. LH: cah MEMO TO: John K. Anderson, City Administrator FROM: Joseph P. Ries , Fire Chief RE: Capital Equipment - Air Packs DATE: October 14 , 1985 Introduction and Background: The 4. 5 air pack is a self contained breathing apparatus worn by firefighters to enter smoke filled buildings for rescue of possible victims and also to get at the gas of the fire for fire suppression. The units allow a firefighter to breath approximately 45 to 50 minutes before a new tank is needed, which gives us greater efficiency since personnel don' t have to change bottles as often. The air pack is used on a variety of fires , such as homes , factory and automobiles where there is toxic smoke fumes emitted. The face shield of the air pack offers protection to the firefighters face from heat and flashover fires . This air pack is rated for use in hazardous areas , such as chemical spills or leaks and are more compact to allow use under hazar- dous material suits . Quotations received were for the following equipment : Two - Scott 4. 5 pressure pack-60 minute-auto shutt off and nose cup. Three - 4. 5 spare cylinder and valve assembly. Quotations from the following were : Fisco - Fire Safety, Rochester, MN $1 ,268.00 each for Scott 4. 5 Pressure Pack $551 .00 each for spare bottles Mid-Central Fire, Edina, MN $1 ,295. 00 each for Scott 4. 5 Pressure Pack $550 .00 each for spare bottles Recommendation & Action Requested Move to purchase two 4. 5 air packs and three spare bottles from Fisco-Fire Safety of Rochester, MN for a total of $4,189 .00. The capital equipment budget for the air packs and bottles was $4,200 . 00. JPR: cah Attachment MEMO TO: John K. Anderson, City Administrator FROM: Joseph P. Ries , Fire Chief RE: Capital Equipment - Rescue Air Bags System DATE. October 31, 1985 INTRODUCTION: The air bag rescue system consist of air bags made of a Kevlar-aramid fiber material bonded to a neopreme coating and come in a wide range of lifting forces , with capacity of 3 to 100 tons. A air bag with a lifting force of 3 ton has a lifting height of 12 inches and measures 28 inches x 20 inches x 0 . 5 inches and weight of 8 lbs . Each rescue air bag comes with a pressure reducer, and filling hose, and one safety fitting with pressure gauge. The rescue air bags are repairable should they become damaged and are expected to last approximately 25 years. The low pressure rescue air bags operate at 15 pounds per square inch and the high pressure rescue air bags operate at 110 pounds per square inch. These air bags would be field operated by using our self contained breathing bottles with a pressure reducer or off the fire truck air brake system. BACKGROUND: Rescue air bags can be used for extrication of people trapped in automobiles due to accidents. One application of the air bags would be to lift a vehicle off a person when a car or tractor is on top of them. The air bag system allows a much smoother lifing operation, due to the feathering control system, which also allows two or more air bags to be used at any time. Many precious minutes have been lost waiting for a tow truck to arrive to do the lifting and they are often jerky. The air bags can also be used to contain a hazardous material leak by inserting the air bag into a culvert and inflating to prevent run off from getting into a storm sewer or using a lash belt, the bag may be strapped to a tank and inflated to seal leak. Air bags can also be used for forcible entry into buildings where doors and windows are barred. A 1/2 inch space is needed for air bags to be placed under a garage overhead door to force it open. There are many uses for these air bags and the Fire Department has some of the best rescue equipment made and each has its purpose and use. Quotations received were for the following equipment: One - 3 ton, two - 8 ton and one - 9 ton low pressure rescue air bags. Four filling hoses , two pressure reducers and four safety fillings. One - 10 ton pressure air bag with 1 - filling hose and one safety fitting. Quotations received for equipment: Metropolitan Fire Equipment, Bloomington, MN $4 , 937 . 00 Fisco - Fire Safety, Rochester, MN $6 , 031. 00 RECOMMENDATION AND ACTION REQUESTED: Move to purchase rescue air bags and accessory from Metropolitan Fire Equipment for a total of $4, 937. 00 . Capital Equipment budget for rescue air bags was $5 ,200. 00 . Attachments JR:tw (V TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police RE: Computer Purchase DATE: October 17 , 1985 INTRODUCTION The police department has been allocated $5 ,000 in the 1985 capitol improvement fund for the purchase of a PC computer terminal. BACKGROUND On October 17 , 1985, the computer committee met and recommends to council the purchase of one IBM PC AT and related components at a cost of $5 , 480 . 00 from the State of Minnesota contract vendor Ameridata Systems, Inc. RECOMMENDATION Purchase one IBM PC AT and related components from Ameridata Systems , Inc . at a cost of $5 , 480 . 00 . COUNCIL ACTION REQUESTED Purchase one IBM PC AT and related components from Ameridata Systems , Inc. at a cost of $5 , 480 . 00 . i> MEMO TO: Mayor, Councilmembers FROM: Tom Brownell , Chief of Police RE: Remodeling-Security Window Purchase DATE: October 29 , 1985 Introduction: Council authorized 1985 Capital Improvement Funding for the Police Department clerical area to provide security for documents and computer equipment. Background: One of the required items is a security service window to allow staff to conduct business with the public and maintain a secure environment for staff and the facility. The unit which- best meets the requirements is supplied by the Diebold Corporation and no other company in our area to my knowledge . Recommendation: Purchase one Diebold model 115-20 Security Window from Diebold Corp. at a cost of $2 ,282 . Council Action Requested: Authorize staff to purchase one Diebold model 115-20 Security Window from Diebold Corp. at a cost of $2 ,282 for the Police Department. TB: cah MEMO TO: Mayor, Councilmembers /1 �V FROM: Tom Brownell , Chief of Police RE: Remodeling Police Clerical Area DATE: October 31 , 1985 Introduction: The Police Department has been allocated 1985 Capital Improve- ment Funding for the Police Department clerical area to provide security for documents and computer equipment as required by the State of Minnesota. Background: Clerical work stations are being purchased in lieu of construct- ing permanent offices to provide flexibility for change as our needs fluctuate with the addition of office, communications and holding room monitoring equipment. The required quotations have been received for similar modules : 1 . Suel Business Equipment Co. $5 , 932 .00 2 . RMI , New Brighton, MN $6 ,398 .00 Recommendation: Purchase modular office systems from Suel Business Equipment Co. at a cost of $5 ,932. 00. Council Action Requested: Authorize staff to purchase modular office systems from Suel Business Equipment Co. at a cost of $5 ,932 .00 for the Police Department . TB: cah �l 0 MEMO TO: Mayor, Councilmembers FROM: Tom Brownell , Chief of Police RE: Microfilm Equipment Purchase DATE: October 29 , 1985 Introduction: One of the Cities goals and objectives for the past two years has been to microfilm dated documents for the ease of access and to reduce file cabinets required for storage. Background: The 1985 administrative departments capital improvement bud- get has been allocated $10,000 for the purchase of microfilm equipment. Staff has consulted with vendors and received the following cost estimates : 1 . Microfilm camera unit $ 7 ,100 2 . Reader/printer 1 ,825 3 . Printer 332 4. Reader/printer stand 610 5 . Document shredder 2 ,595 6 . Annual service agreement 750 An alternative to purchasing the microfilm camera unit has been discussed with the Shakopee School District Administration. The district will lease their unit to the City at an annual fee of $375 . 00. The City would purchase the required film and processing chemicals . The purchase of microfilm equipment has been discussed with the purchasing committee and they recommend the following for Council approval . 1. Use the school districts microfilm camera unit at an annual cost of $375 (operating budget expense) . 2. Purchase one reader/printer - $1 ,825 . 3. Purchase one document shredder - $2 ,595 . This is a demonstration unit that originally sold for $5 ,000. . A new unit with less capacity costs $3 ,595 . 4. The Finance Department has a printer and the purchase of a printer is not necessary at this time. 5. Purchase one reader/printer stand - $610. Recommendation: 1. Use school districts microfilm camera unit for an annual fee of $375 . 2 . Purchase one reader/printer - $1 ,825 . 3 . Purchase one reader/printer stand - $610 . 4. Purchase one demo model shredder - $2 ,595 . Council Action Requested: Authorize staff to purchase one microfilm reader/printer, one reader/printer stand and one used document shredder at a cost of $5 ,030 from House of Micrographics , Inc . TB : cah CITY OF SHAKOPEE 129 East First Avenue, Shakopee, Minnesota 55379 MEMO TO: John Anderson Py Ci t y Counri 1 FROM: Tim Karkanen - City Council SUBJECT: Picnic table purchase DATE: Oct . 23 , 1985 - I NTRODUCTI ON: It has been evi dent f or t he past several years t hat t here i s a shortage of picnic tables for adequate distribution in the Shakopee Community and Neighborhood parks for public usage . The 1985 budget provides $3500 for the purchase of picnic tables to be used in the Shakopee park system. BACHGROUND: Quotations have been requested and received from three area recreat i onai equipment distributors for additional picnic tables . These di st rt but ors were asked t o provi de a quot at i on f or an assembled heavy-dut y t abl e , and al so t o provi de a quot at i on f or t abl e f rames onl y , wi t h t he park - crew to provide the lumber and hardware necessary to assemble the tables this winter as an off -season project . Specifications require 2 3/8" o .d . galvanized pipe frames , with 2x10" 6 f oot fir or pine planks , sanded and painted , F. O. B. Shakopee Quotations were also obtained from local lumber dealers for the planking in- the event that the City would assemble the frames themselves . COMPANY ASSEMBLED QTY TOTAL FRAMES QTY LUMBER TOTAL TABLES ONLY HDWE ---------------------- E. F. Andersen Co . 137 . 75 25 $4158 . 25 101 . 65 25 637 $3546. 00 Bl mt n , Mn f rt ea . 28 . 58 14. 71 T66 33 116 36 ea --------------------------------------------------- ,����� Flanagan Sales 130 . 00 27 3510 . 00 97 . 80 29 702 3538 . 20 Roseville - f rt incl . --------------------------------------------------------------------------- Gametime , Inc 150. 00 25 3750. 00 99 . 00 29 702 3573 . 00 Gl do Vl y . f rt i ncl Flanagan Sales Co has apparent low quot at i on . tabies - p . 2 ALTERNATIVES: 1 . Accept the apparent low quotation from Flanagan Sales Co . for 27 assembled tables delivered to Shakopee for $ 3510 . 00 ( or $130. 00 each . ) 2 . Accept the apparent low quotation from Flanagan Sales Co , for 29 table frames @ 97 . 80 each , for $2836 . 00 . Then purchase the planks and hardware from C. H. Carpenter Lumber Co . for $702 . 00 , and assemble the tables with our labor . TOTAL - $3538. 20. NOTE: It is estimated that our labor for assembly will involve 2 men at approximately 40 hours each to assemble , sand and paint the 29 tables . It is my feeling t hat it is not worth the labor required , to only gain an additional 2 tables by assembling them ourselves . 3 . Not purchase any tables . RECOMMENDATION: Alternative ## 1 . Accept the apparent low quotation of 27 assembled tables from Flanagan Sales Co . of Roseville , Minn . , for $ 3510. 00. ( $130- 00 each) ACTION REQUESTED: Authorize the Public Works department to purchase 27 assembled picnic tables from Flanagan Sales Co . for the quoted price of $ 3510. 00. �z4.�t14A;, CITY OF SHAKOPEE 4( , 129 East First Avenue, Shakopee, Minnesota 55379 MEMO �K TO: John Anderson & City Council FROM• 1 i m Karkanen - Public Works SUBJECT: Capi t al Equip . purchases DATE: Oct 7 , 1985 INTRODUCTION: The 1985 Capital equipment budget provides $38 , 000 towards the purchase of a 212 ton truck , equipped with a sander and plow, and also to equip the truck with a LPG conversion kit after the proper break-in period elapses . The truck , which was ordered in February , should be ready for delivery the week of Oct . 14th , or shortly thereafter . The 1985 Capital budget also provides $2000 for a hydraulic sweeper broom which wi 1 1 be front mounted on our Ford 1910 utility tractor , to sweep skating rinks , and sidewalks . BACKGROUND: PLOW: We have selected a Fri nk reversible pol ymar ( pol ypropol ene) plow with a Hust i ng hitch to mount on the new truck . This is the same type of pl ow t hat we had mount ed on our Uni t #102 , and al so t he same t ype of plow which we have mounted on our new front end loader Unit #119 . ( Case) This type of plow is very unique because it is constructed of 3/8" pol ypro- pol ene material which offers virtually no resistance to snow, which results in a drastic reduction of power required to move the snow. This savings in power required , results in a good reduction of fuel needed , and f aci 1 i t at es easi er pushi ng of snow, especi al 1 y wi t h t he heavy , wet snows from warmer weather . This type of plow is a "one of a kind" type of purchase , and generally cost s about 1300 . 00 more t han t he convent i al al 1 -st eel t ype pl ow. There is a poly "line" type of plow available , but this type of plastic tends t o peel , or separat e , f rom t he st eel mol dboard when i t i s wel ded . The st reet depart ment has used reversi bl e t ype pl ows since 1978 , t hi s permi t s t he operat or t o swi ng hi s pl ow ri ght or 1 of t , as needed . Quotes received; MacQueen Equip . Co . Fri nk Model 4711 hydr . reversible 3" hydr . lift ram cyl . 29" Hust i ng hi t ch ( f emal e mount ed on pl ow) $5978. 00 plow quotes . continued Itasca Equip. Co. Wausau 45" x 11 ' hydr . reversible 2 Z" 1 i f t ram cyl .. ( 3" add approx . $150) 29" Hust i ng hitch ( NOT installed female) $ 4680 ( installed add $170) SANDER: Quotations were received from 3 distributors for sanders to mount on the new truck . We have been dividing our fleet with roll -type and spinner-type sanders . Each type of sander is used for different applications , as required . The roll sander drops a heavier pattern of sand/salt material , but limits its distribution to only the width of the truck . The spinner sander actually "throws" the material , but this pattern is much lighter in density , but is excellent for center line sanding . This new truck is scheduled for a roll -type sander . quotes received: Itasca Equip . Co . Amer . Roads model TG505 ( roll type) $1628 MacQueen Equip . Monroe model MS966,S ( roll type) $1440 Ruf f ri dge-Johnson Central model S330R1 ( spinner) $1450 Hayden-Murphy Equip . Henderson Mfg. ( roll ) no answer HYDRAULIC SWEEPER BROOM. ( Park Dept . ) The Park department has budgeted for the purchase of a broom unit to sweep the skating and hockey rinks , and on occasion , to sweep sidewalks . Some years ago , when we budgeted for this acquisition , it was our thought , at the time , to mount a mechanical type sweeper on the tractor . When we received the new park tractor , we found that the Ford 1910 Utility tractor is capable of having a front mounted hydraulic pump attached to it which makes a hydraulic operation possible . If we would have known which brand of tractor we were going to purchase , then certain budget adjustments would have been considered at budget time . There are many obvious advantages to hydraulic powered brooms over mechanically driven brooms . The hydraulic reverse angle potential enables the operator to sweep from either direction , which saves a lot of time normally used for manueveri ng, and by changing the angle of the broom occasi onl y , the broom can be worn down evenly , thus extending broom life . The mechanically driven broom require a lot of chain adjustment and replacement , as well as sprocket replacement The hydraulic orbital motors wi 1 1 last the life of the broom unit . broom cont . P . 3 The probl em t hat we' ve run i nt o, i s t hat we had budget ed $2000 f or the broom purchase , and we' ve discovered that the proposed hydraulic broom 1 ow quot at i on was $3693 . 00. We wi 1 1 need Council approval to make this purchase because it is more than the original budget requested amount . Some of the money left over from the sander/plow purchase could possibly be used for the hydr . broom. We feel that the hydraulic broom attachment will be cost effective for the type of work anticipated , and we will try to t rade=i n or sell the old mechanical broom which won' t have much trade-in value , but at least it could be applied toward the purchase of the new broom. The of der broom can not be used wi t h our newer t ract ors because i t i s t oo narrow, and the outside of the tractors would track on the snow, and then would not sweep up . Quotes received: Long Lake Ford Tractor Sweepster Model AH $ 3693 . 00 MacQueen Equip . Co . Sweepst er Model AH $ 3868 . 80 1985 budget $ 38 , 000 - 28 , 864 Fiord- t ruck - 650 LPG kit - 1 , 440 sander - 5 , 978 plow ------------------------ $ 1 , 068 balance which could be applied toward broom purchas All of these equipment purchases were included in the 1985 Capital Equipment budget . For the purchase of the Hydr . broom, we wi l 1 need an additional $1693 . 00 RECOMMENDATIONS/ACTION REQUESTED: PLOW: 1 . Purchase the Fri nk Model 4711 Pol ymar hydraulic reversible truck plow for the new Ford truck #103 , from MacQueen Equip . Co . for the quoted price of $ 5978 . 00 . SANDER: 2 . Purchase the Monroe Model MS966-S roll sander from MacQueen Equip . Co . for the quoted price of $ 1440. 00 LPG kit 3 . Purchase the propane conversion for the new Ford truck from Propane Carb & Turbo for the quoted price of $ 650. 00 HYDRAULIC BROOM 4. Purchase the hydraulic reversible broom Model AH from Long Lake Ford Tractor Co . for the quoted price of $3693 . 00. 3� Trip Edge Polyplowl WG Series Type With Single Tripping Edge Hydraulically powered worm gear reverse rotates the blade up to 37', left or right. Polyplow moldboard gives exceptional M',nQUEEN EQUIPMENT, INC. performance at both high and low speed applications. 595 Aldine St. St. Paul, Minn. 55104 :ne Area Code 612-645-5726 i;,rd Watts 1.800.832-6417 f EnarWEffidei t Polyplow Moldboard T Another triumph for our Trip Edge Reversibles! Now you can plow left, right or bulldoze straight ahead with a moldboard that has an extremely low coefficient of friction. Its ultra slippery, non-stick surface makes snow fly faster and farther. At any temperature. More, our exclusive Polyplow mold- board provides outstanding resistance to tough, over-the-road bumps, impacts and abrasion. Polyplow, made with space age polymers, is tougher than steel, yet lighter than aluminum. With its low coefficient of friction, you can anticipate fuel savings in the neighborhood of 25-33%. It is corrosion resistant and easy to maintain (you never have to paint it). Frink engineers designed Polyplow so its high speed integral deflector reduces spillover. The combination of trip edge* and high strength, structural drive frame minimizes shock load. Rugged torsion springs, integrated with the trip edge, assure blade alignment. 100 Polyplow Fuel Savings Substantial In independent field tests, the Polyplow moldboard was compared with conventional steel moldboards. Under identical conditions, and mounted on an 7525 identical chassis, both plows were operated over the z`• same course. The results: 25 to 33% fuel savings •�' with Polyplow. While these figures may vary with engine torque, 67 gear ratios and other factors, they are representative of Polyplow's fuel-saving advantages. 50 Fuel consumption,truck with a steel plow=100 Fuel consumption,truck with a Polyplow®plow=67-75 NOTE:Chart is based upon gallons of fuel consumed per square unit of linear distance. i 3 teel Moldboards. ti. rraditional Frink Quality - Our steel moldboards are panelled, never rolled, to give you the structural strength you've come to . expect in Frink products. Each upper moldboard edge is reinforced for extra strength. To minimize `" checking and cracking, our steel moldboards are . preformed to fit ribbing, never forced Into position. xx Such quality and durability are the results of field , . and wind tunnel testing to provide a proved, efficient moldboard shape. Like its Polyplow counterpart, our steel moldboard I low uses a trip edge* to minimize shock load. Durable torsion springs, integrated with the trip edge, assure blade alignment. Model 3747 .7� Our 39" and 45" high steel moldboards feature a expressway Type Moldboard high speed, integral deflector, as shown. Integral deflector is not included on 30" and 36" high Continuous curve design,flared discharge ends and cone models. shape provide increased snow cast to both sides.Awibble only with warm gear reverse.Shown with optional rubber *Single trip edge is standard 3-section trip edge optional cutting edge ALL SEASON "SNOW THROWERS'; DIRT SWEEPERS'; AND "TURF SWEEPERS" STOM ENGI ED POWER SWEEPERS FOR ALL TRUCKS, LOADERS, TRACTORS M Model 3-Way ode • - Swee • • y t and left and run controlled from operator's seat for convenience. _ } • Hydraulic System standard. • Mounts to all tractors with openings for front crankshaft drive or rear PTO. s _ - • Brush is powered by an orbital hydraulic motor mounted directly to the core by means of a keyed ate" tapered shaft and hub. • Front pump drive standard, rear PTO drive op- tional. s..: • Std. Brush — 6 ft x 32 in (1.8 m x 0.8 m) sectional type for easy field replacement. Widths 5 ft (1.5 m) to 8 ft (2.4 m) are available at extra cost. For wider widths contact Sweepster. �- • Net Weight — 1165 Ib (530 kg). _ . . ..�, - The SWEEPSTERD Model AH is a versatile, hard working power sweeper designed to get the most out of your tractor. The hydraulic angle eliminates dead runs and the hydraulic drive is virtually maintenance free. The AH is very popular with state highway departments, county road commissions, asphalt pavers, airports, cities, seal- coaters, etc. SWEEPSTERD Model AH-H is designed for mounting on tractors with open or closed center hydraulic systems of 18 GPM and up. The AH-H is designed to save initial investment by utilizing the existing tractor hydraulic system. . r ti r • Big 27 GPM Hydraulic System for extra power to move heavy material. lij • Direct motor drive,one motor on each end of the core eliminates chains and sprockets. • Heavy-duty core. • Std.Brush —6 ft x 32 in (1.8 m x 0.8 m) sectional type for easy field replacement. Widths 5 ft (1.5 m) to 10 ft (3.0 M) are available at extra cost. For wider widths contact Sweepster. . ; ,� • Net Weight — 1350 Ib (610 kg). The SWEEPSTERD Model CH is designed tough for use in coal strip mines to clean over-burden from the top of the coal. The tough construction features of the CH make it an ideal broom for contractors, landfills, foundries etc.. where difficult sweeping conditions exist. The CH is designed for operator convenience with all controls located at the operators seat, and operating efficiency with a minimum of downtime. TRUCK EQUIPMENT Check These Exclusive Features p-ONE-MAN REMOVE/REPLACE SPINNER v-UN-LOSEABLE, BIND FREE, LATCHES FULL-WIDTH, UNOBSTRUCTED TOP AND BOTTOM CLEANOUT BIND FREE, 3-POINT, SOLID STEEL ROD HINGES POSITIVE LOCKING, EASY-OFF AUGER CHAIN GUARD SEMI-AUTOMATIC CHAIN TIGHTENER 1 k' ,r E OM1. 5 Am t - . ...: t*.w .,;:". _, p .,' mtiw.-.T•c.: +#x°iYN6�Ew .�- � 1., I � `:.,'.'F b.. itW.. T"N..o CITY OF SHAKOPEE !' ` 129 East First Avenue, Shakopee, Minnesota 55379 MEMO TO: John Anderson & City Council FROM: Jim Karkanen - Public Works SUBJECT: Tennis court repairs DATE: October 28 , 1985 INTRODUCTION: The t enni s court s at St ans Park and Li ons Park are bot h i n need of specialized repairs , particularly St ans Park , which needs a bituminous overlay and much longitudinal crack repairs . The Lions tennis facility has several large cracks which have to be filled and painted . The 1985 budget provides $4000 for tennis court repair , and $11 , 000 has been dedicated for this major repair from the Park Reserve Fund . BACKGROUND: Sealed quotations were requested in mid-June for this repair work from 2 contractors who specialized in tennis court repairs , It was our intention to present these proposals to the Council in August , ,and commence the repair work anytime after the work had been awarded by Counci 1 . Our target date for completing this project would have been by the end of September , weather permitting . It was preferred to plan this repair project late i n the tennis season so as not to inconvenience as few players as possible . One contrat or , C & H Construction Co . of Lonsdale , complied with our request for quotations immediately , the other contractor , Tennis West of Minnetonka , repeatedly promised a response to the quot;at i.on request , but continually procrastinated , or ignored our requests for quotes . A call to the Minnesota League of Municipalities did not produce any more names of contractors who specialize in this type of repair work , so calls were made to various municipalities , and another contractor was finally 1ocated . The second contractor , I . C. Sports , of St . Louis Park , has just recently submitted his sealed quotation for the repair work on the courts . Because of the weather related uncertainties of late fal1 bituminous work , both contractors have agreed , in writing , to extend their quotations until the spring of 1 ?86 , if necessary . . t.enni s court repai r P. 2 It woul d be advant ageous t o t he Ci t y t o award t he cont ract and i ssue a purchase order , and commi t t he 1 ow quoted cont ract or t,o perf orm t he work next spring because he is using 1985 labor prices . If he has to re- estimate e- estimate t he proposed work , I f eel t hat t he cost of t he proj ect wi 11 be somewhat higher because he wi l 1 probably use labor costs reflecting the 1986 wage scale . The estimate submi t t e4„ is below the estimate that we had anticipated for the work . The contractor with the low quotation , C H Construction , of Lonscial e , has been highly recommended by other municipalities who have used them in the past . I ' ve submi t t eda 1 i st of municipalities who have used their services , for your inspection and information . Included also , are the general specifications , and bid tabulations . C & H Construction , of Lonsdale , Mn . $ 12 , 541 I . C. Sports , Inc , if St . Louis Park 16, 750 Gregg Voxl and , the Finance Director , has informed me that a budget resolution can be prepared to transfer the committed $11 , 000 from the Park Reserve Fund , and transfer the $4000 from the 1985 budget into the 1986 budget for the tennis court repair . ALTERNATIVES: 1 . Accept the low quotation from C & H Construction Co . for $12 , 541 , to perform the required maintenance work at the St ans and Lions Park tennis courts as specified next spring . 2 . Accept the low quotation from C & H Construction to perform the maintenance work this fall ( 1985) 3 . Reject the quotations and not do the maintenance on the courts . 4. Solicit new quotations for the maintenance work next spring . RECOMMENDATIONS: Alternative ## 1 . Accept the low quotation from C & H Construction Co . and issue a purchase order to have the work scheduled next spring . ACTION REQUESTED: Authorize the Public Works Dept . to issue a purchase order for the maintenance at the St ans & Lions Park tennis courts , as quoted , to C & H Constr . Co . for $ 12 , 541 , as specified . Request the finance dept . to offer a budget resolution amending the 1986 Park Reserve fund to finance this project , and transfer the $4000 from the 1985 budget into the 1986 budget for the work . SPECIFICATIONS FOR REPAIR WORK STANS: Clean out cracks and apply vegetation killer and fill cracks . Lay MI RI F 900 membrane ( A non-woven polypropylene fabric for asphal t i c underl ayment . Lay a 2" mat of 2331 or 2341 asphalt bituminous lift . Af t er curi ng ( 10-15 days) , appl y compl et e col or coat i ng ayst em using Seal master red & green product . Apply: 2 emulsion coats 1 col ored t ext ured acryl i c coat 1 final top coat acrylic coat 2" white game lines ( paint ed) Make necessary net post adjustments Clean out remainder of structural cracks at south court -St ans lay pol yet bene roping in cracks for expansions . Apply colored textural repair products over the repaired areas . Apply final seal color coat and touch up white lines where repaired . LIONS: Repair structural cracks and net post cracks Repair the peeling red area , and seal . TABULATIONS FACILITY C & H CONSTRUCTION I . C. SPORTS, I NC --------------------------------------------------------------------------- STANS PARK 2" overlay , crack repair north court 11 , 090 north court 15 , 765 and color coating color coating sout h V1371 south it300 STANS PARK crack filling and seal , 1 . 080 685 repai r peel ed areas --------------------------------------------- $ 12 , 541 $ 16, 750 Proposal Proposal No. _ FROM Sheet No. is onstru tlion Larry Carlson Date t 2. Sox 236A Jule 1 , 1 Lonsdale, :ern. 55046 Proposal Submitted To Work To Be Performed At NameStreet 10 1. . rk a x Street City State City Date of Plans State r- Architect Telephone Number J We hereby propose to furnish all the materials and perform all the labor necessary for the completion of tm. cant Lir c, 211 wtitco-rpruns _- i t . ,WL, v., adjurtmenfm1 ,f_-#,ht tLIUrt!U-5t woulds V mf. iiris job .., V i L All material is guaranteed to. be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for :above work and completed in a substantial workmanlike manner for the sum of Dollars i$ 1• with payments to be made as follows: 11 prr Ce quote is goon for 19813 season Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by Respectfully submitted soll Per Construction Note—This proposal may be withdrawn by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as - specified. Payment will be made as outlined above. Accepted Signature Date Signature •►nm ensu 1650 !�!1 LITHO IN U. S. A. l PROM C & H Constr uction Proposal Proposal No. Sheet No. Larry Carlson RR 2, Box 238A Date July 1 , 1985 Lonsdale, Mn. 55046 Proposal Submitted To Work To Be Performed At Name Mr. Jim Karkaner _ Street Street 5 )0 Gorman St_. Cit City Shakopee Dat State - Date of Plans State • 55379 _ Architect Telephone Number We hereby propose to furnish all the materials and perform all the labor necessary for the completion of repair on 2 existinE Pt 6 tennis courts, Structural cracks and net posts cracks: 1 ) clean out cracks and apply vegetation killer, lay polyethene ropping in crac for expansion 4" to 2" diameter availab e, Appy colorea texture-d-repair pro uc over the repaired area, Appy z:1a sea color coat over e repaire area an touch up any white lines that TEe repair work crosses. Stan Courts cost 3yi .00 Lions Park h courts repair structurual cracks and net post cracks using the same method. epair the pee ing area re and seai. 1 ,080.ou All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ ). with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by_ C k R Cnnstruc,-tA nn Respectfully submitted T._ W. CART,SQN Per C R R CONG.TRTTCTTO N Note—This proposal may be withdrawn by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date Signature _ TOPS FORM 3450 Q LITHO IN U. s. A. C & H Construction/Phase 11 Consultant Quality and Dependability BLOOMINGTON,MINNESOTA MEMBER OFFICE:612 831-5427 �,*IS COURT A vo h LARRY CARLSON --- A RES. RR2, BOX 2 .==. lONSDALE,MN 55050 46 c7 PHONE 507 744-2824 BBII•BBII• BUILDERS ASSOCIATION Partial Listing of Courts in Various Locations Color Surfaced by C & H Construction MINNESOTA Farmington High School City of Alexandria Dover-Eyota Schools 8 courts P 5 school courts P Eyota, Mn Lakeville High School 2 country club P R 6 courts 6 courts 2 private Walnut Grove High New Prauge High School 1 running track 2 courts P 4 courts P R University of Minnesota City of Anoka Jordan High School St. Paul Campus 8 courts P 4 courts Bierman Field P Ind School Dist. 4423 Cannon Falls High School 6 courts Hutchinson i�in 2 courts R Northfield Minnesota 4 courts Cannon Falls Country Club 5 School P Columbia Heights Jr. 4 Courts 2 private 4 courts P Cannon Falls Park Area R Timber Lakes Development R St. Paul Campus Univ, 2 courts Maple Grove, Mn 4 courts P Lakeville Park Area R 2 courts Arden Hills Town Homes 4 courts City of Madelia Arden Hills, Mn. Honeywell Country Club 2 courts R North and South Lakeville, Mn. City of Winnebago 4 courts P 4 courts 2 courts R City of Redwing Park & School City of Mountain Lake 15 courts P R 2 courts R SOUTH DAKOTA City of Blue Earth City of Morris Valley Spring 6 courts P 2 courts P 3 courts Keister Schools City of Frost University of S. D. 2 costs R 2 courts Brookings City of Minneota City of Miltona (subcontractor) 4 courts 2 courts 10 courts City of Wells University of Minnesota City of Brookings 3 courts P Waseca, Mn. (subcontractor) Wells Schools R 5 courts 10 courts 3 courts Ind. School Dist #277 Marshall Park (Legion) Mound Mn. MINNESOTA Cont. . Marshall, Mn. 6 courts City of Champlin (Sub) City of Owatonna Monticello School Dist. ##882 8 courts 4 courts Monticello, Mn 7 play areas City of Tracy Worthington High School P City of Comfrey R 2 courts 4 courts 2 courts City of Springfield Redwood Falls Park Area City of Montgomery 2 courts 2 courts 2 courts R City of Apple Valley City of Burnsville City of Eagan 12 courts 20 courts 12 courts TENNIS COURTS • RUNNING TRACKS' • SNOW PLOWING • SEAL COATING -- --- -- -.-r•-�� •••�•� uo.i.AK ucwunc Finn rrmmM 1 v. r.me nrnncea W^11 1 A �.� P0RTAC0URTMMEMM� TM OMMUM 48Goa urtT. PT, 9/27/1985 l� City of Shakopee 500 Gorman Street Shakopee, MN. 55379 RE: Tennis Court Repair The following recommendations and figures are in Budget Form, our standard contracts and references will be furnished upon request. S tans Park: Crack filling only. Clean cracks - Use weed retardant - fill with emulsion, sand, Portland Mix & Color Coat. North - two oldest courts-------------------$ 850. South - two courts w/overlay----------------$ 300. Lions Park: Crack filling only. Same work performed as above-----------------------------------$ 685. -✓ Color Coat: Stans Park : Clean courts - level low areas( as well as possible) - clean & fill cracks - ( using weed retardant) - two Filler Coats - one Texture Coat - one Finish Coat - w/White Lines. North - two oldest courts------------------ - -------------------$3,580. South - two courts w overla ---------------------- 2,942. v Petromat, Overlay & Color Coat - S tans Park: Open & Close fence - Clean courts - Clean & fill cracks(using weed ret- ardant) - , Level courts - Tack coat - Petromat - 2"Asphalt #23/31 Overlay. Net Posts: Pull old posts - Install New Posts & Center Net Anchors . Color Coat: Clean courts - level any low areas - two Filler Coats - one Texture Coat - one Finish Coat w/White Lines. North - two oldest courts--------------------------------------$15, 765• These figures are quoted based on a Fall 1985 completion, weather permitting, or a Spring of 1986 completion. Thank you. Ar s truly, Eugene C . Chase I. C. SPORTS , INC . 7801 Division Street S t . Louis Park, MN. 55426 612-935-3948 Intercontinental Sports, Inc. TO: John K. Anderson, City Administrator FROM: Tom Brownell, Chief of Police RE: Agnes Unze - Completion of six-month probation period. DATE: October 16, 1985 INTRODUCTION Aggie Unze has completed the standard six-month probationary period as of October 8, 1985 . She is a police clerk typist II in the police department. I am pleased with her performance and recommend that Council place her on permanent status. ACTION REQUESTED Move to terminate the probationary status of employee Agnes Unze and place her on permanent status. MEMO TO: Mayor, Councilmembers �r FROM: Tom Brownell , Chief of Police RE: Code Enforcement Officer Extension DATE: October 31 , 1985 Introduction: Council authorized the temporary position of Code Enforcement Officer to expire November 1 , 1985 . Background: The Code Enforcement Officer has several matters pending which should not be left unresolved until the Officer returns in the Spring. Recommendation: Extend the Code Enforcement position for an additional 80 hours at a cost of $425 . 00. Council Action Requested: Authorize staff to extend the Code Enforcement position for an additional 80 hours at a cost of $425 . 00. TB: cah MEMO TO: Judith Cox, Acting City Administrator FROM: Judi Simac, City Planner RE: Sanitary Sewer Allocation Policy DATE: November 1, 1985 Introduction: In May 1985 , when the Baron Development rezoning request was before the Planning Commission, that body had requested staff to outline the policies and procedures the City uses in reallocating the 2 , 000 gallons per day per acre sewer allocation for commercial industrial property from one parcel to another. The Planning Commission will be reviewing a recently submitted plat, at their November 7th meeting, which is subject to sewer allocation management. Although the intent of this memo is to address sewer allocation generally, the Canterbury Business Park Addition is within an area of land that was re presented in the Comprehensive Sewer Plan Amendment approved for the racetrack. Background: The City of Shakopee, in obtaining approval of its Comprehensive Plan in early 1981 , developed a relatively unique agreement with the Met Council regarding sewer allocations. The City of Shakopee was able to enlarge the total number of acres zoned industrial by agreeing with the Met Council to regulate the "average" sewer flow per acre to 1 , 000 per day. This agreement was based upon the City' s development history which indicated that slightly less than 1, 000 gallons per day per acre was consumed by the industries that now reside in the Industrial Park. Since the approval of the Comprehensive Plan in 1981 the City has monitored the sanitary sewer flow requirements through the building permit process. Each building permit applicant is required to compute the anticipated sewer flow and incorporate those statistics in its building permit application. These computations are known to most citizens as SAC charges ( sewer availability charges) . Based upon the building permits taken out since 1981 the City has maintained its earlier history of having new development that requires less than 1 , 000 gallons per day per acre. A recent example of an extreme case was Canterbury Downs. The project included approximately 390 acres and will use less than 630 gallons per day per acre on the land originally in the urban service area ( 233 of the 390 acre total) . Policy Questions In the past few months several questions regarding sewer allocation have been raised. The development of Canterbury Downs , the fact that the same developer of the racetrack owns significant amounts of land in the industrial park, and the increasing development pressure around the racetrack have prompted staff to bring these questions to City Council. TP Policy Question 1. Does a property owner own the sewer allocation? Scottland Corporation has suggested it has the first right to the excess capacity, the additional 370 gallons per acre for 233 acres to shift to other Scottland properties not yet developed. Policy Question 2 . Does the City have a pool of sewer allocation( s ) to use at its discretion? The more recent policy question generated by the Baron Development rezoning application is, does the City have a pool of unused sewer allocation from earlier developments that could be somehow credited to the sewer demands from a commercial development after a rezoning; when the sewer demand would far exceed at 3000 gallon per day per acre the planned industrial allocation of 1, 000 gallons per day per acre (note the 1, 000 figure is the City of Shakopee figure while the 2 , 000 figure is the Met Council norm) . Policy Question 3 . Must a City limit development by keeping sewer flow at or below the "planned" Comprehensive Plan' s per acre rate on a project by project basis? Or, can the City permit a development which consumes more than the City' s planned 1, 000 gallons per acre per day if it means reducing the allocation on other existing land in Shakopee? Staff has checked with numerous cities in the metropolitan area that are experiencing growth and none of those cities keep a balance sheet on sewer flow as development occurs. This means that they do not systematically consider each development to insure that their net sewer flow is at a specified level approved in their comprehensive plan. The Metropolitan Council indicates that this practice is the norm. Shakopee ' s plan calls for 1, 000 gallons per day per acre and we, on our own, made that commitment firmer than is normally required to include more industrial property in or comprehensive plan. Other than normal five year plan adjustments or amendments, the Metropolitan Council does not expect us to keep a running tabulation of each development as it occurs so that we are netting a maximum of 1, 000 gallons per day per acre in sewer flow for our industrial park. What does this mean? It means that the City can take a longer term approach in its administration of sewer allocations. It need not take each development as it comes and obtain a net of 1, 000 gallons in sewer flow per acre per day. Thus, as long as the City is comfortable being substantially below the 1, 000 gallons per day per acre allocation based upon development history over the past five years it can absorb one or two projects that consume more than 1, 000 gallons per day per acre. This can happen on a first come first serve basis or the City can work out some allocation formula. An allocation formula might credit all development below the 1, 000 gallons per day per acre to a ledger controlled by the City. Such a policy would address the Scottland question directly by denying that "planned" sewer capacity is privately owned. That is, the City could take the excess capacity generated by the Canterbury Downs development and use it for other development or it could credit other parcels owned by Scottland Corporation with the additional sewer flow as it seems in the best interest of the City. If the City allowed private ownership of "planned" allocation then any development on Scottland parcels exceeding the 1, 000 gallons per day per acre would have to be subtracted from all remaining Scottland parcels. In fact, we would probably have to require Scottland to identify those parcels which would lose sewer allocation. If a policy like this were adopted it would work to the benefit of large land owners controlling several parcels and to the disadvantage of smaller land owners who would have to rely on a City pool of excess sanitary sewer capacity. Possible Components of a Sewer Allocation Policy i. Maintain a list of parcels which either lose their sewer allocation or have a reduced sewer allocation when they compensate for another development. 2 . Maintain a City-wide development list with a net sewer flowage and approve development projects based -upon the net which is below 1, 000 gallons per acre. Based upon historical usage this system should not create a problem and would be similar to a City approval of a wet industry that consumed more than 1,000 gallons per day per acre. 3 . Require developers to reduce the project' s projected flow through water conservation methods. 4 . Limit development projects to the "planned" sewer allocation of 1,000 gallons per day per acre. This would be very restrictive and perhaps indicate to potential developers that we have sewer allocation problems. 5 . Determination that "planned" sewer allocation is not owned by private property owners . Prior to establishing any formal policy on sewer allocation the Council may feel that it is appropriate to conduct a public hearing in order for all affected land owners to be informed and be given the opportunity to comment. Staff Recommendation Staff recommends that a sewer allocation policy be established which requires the City to manage all "planned" per acre sewer allocations in the Comprehensive Plan and that "planned" allocations are not owned by private property owners. In addition, all developers should be required to reduce projected flow through water conservation methods . _ R l Action Requested Offer a motion to establish a Sanitary Sewer Allocation Policy which 1 ) requires the management of all "planned" per acre sewer allocations in the Comprehensive Plan 2 ) determines that "planned" allocations are not owned by private property owners , and 3 ) requires developers to reduce projected flow through water conservation methods, and move for its adoption. tw -4- MEMO TO: Judith S . Cox, City Administrator FROM: Jeanne Andre , Community Development Director RE: Acquisition of Property in Block 32 , OSP DATE: November 1 , 1985 Introduction: At its October 22 , 1985, meeting, the City Council authorized the issuance of offers to purchase certain property in Block 32 , Original Shakopee Plat , subject to certain conditions . This memo is to serve as an update on the status of the negotiations for this land acquisition and the proposed Housing Alliance project on this site. Background: Meetings were held with the two property owners and written offers submitted to them. The property owners were requested to respond by November 1 , 1985 , due to the urgency expressed by the Housing Alliance to proceed with the project in 1985. Both property owners have expressed a willingness to respond by the proposed date , but letters have not yet been received from them. However both property owners have verbally indicated to me that they would not accept the City' s offer, and would make counter offers . For the purposes of discussion in this memo, Lots 4, 5 , 6 & 7 , Block 32 , OSP will be parcel 1 and Lot 8 and part of 9 . Block 32 , OSP will be parcel 2 . An offer of $85 ,000 was made on parcel 1 . The owner has indicated a counter offer of $250,000 and stated his intent to secure an appraisal to back up his offer. It is unknown when the property owner' s appraisal will be available. An offer of $80,000 was made on parcel 2, and the owner has made a counter offer of $173 ,000. He has no current plans to secure his own appraisal , but did indicate his intent to work with the property owner of parcel 1 in his negotiations . From this information it appears that agreement on the sale is not close at hand. This last point becomes crucial because the Housing Alliance has verbally indicated to me that their need for immediate site control has become more urgent in order to be able to implement the project. Larry Smith of the Housing Alliance has indicated his willingness to provide a written explanation of his firm' s position and speak in person to the Council at its November 6th meeting. However, I will attempt to summarize here the major points for Council consideration. In the approximate one year period since the City Council last reviewed the proforma presented by the Housing Alliance for this project , the Housing Alliance has continued to refine the numbers based on the current market and changing facets of of their project as related to the market study they commissioned. Recent market information has led them to believe that previous absorption costs estimated in the proforma are not adequate and in fact the holding costs during rent up will be higher. They feel this increase in project costs can be handled if they are able to utilize mortgage revenue bonds , but would make the project unfeasible under normal market interest rates . Conditions relating to the issuance of mortgage revenue bonds are very volatile at this time. A number of bond attorneys indicated to me that proposed changes in the federal tax code may remove the option to utilize mortgage revenue bonds . Although this legislation will probably not be enacted until mid-1986 , most attorneys believe that the legislation would be effective as of January 1 , 1986 . Therefore , bond opinions in favor of the tax—free status of such bonds can be issued for the rest of 1985 , but will not be issued in 1986 unless legislation adopted in 1986 clearly provides for the tax-free status of such bonds in 1986 . The effect of these conditions is that developers believe they must close on bonds in 1985 , or probably lose the chance to use mortgage revenue bonds . It takes a certain amount of time to provide for all the necessary steps for issuance of mortgage bonds . One necessary precondition for a bond sale is site control . Working back- ward rom the December 31 , 1985 , ea ine or bond issuance put forth by the bond attorneys , the Housing Alliance has determined that it must have site control by November 15th in order to be able to issue bonds under the most optimistic time schedule. Given necessary planning and other deadlines the latest date for site control probably should be November 13th. To satisfy site control requirements for the bonds , it probably would be feasible to include only parcel 1 , because the building itself would be completely located on parcel 1 . Obviously it would be preferable to control both sites . One additional item of background is the review appraisal undertaken by Leroy Houser. Normally a review appraisal would be undertaken prior to City Council action to make an offer. However since time was an important element of the offer, and the appraisals were received the day before the Council meeting, this process was not followed. Mr. Houser has since reviewed the appraisals and noted some problems . Although it is unclear how these revisions would affect the appraised values , the appraiser has been asked to correct the report , based on Mr. Houser ' s findings , with the possibility that negotiations will be enhanced. At this point there are not many alternatives open to the Council . The Council should be aware that under data privacy statutes it can call a closed executive session to consider negotiations on land acquisition. Staff have not recommended this procedure to date , but discussion of this memo or future discussion can be held in executive session if requested by the Council . Staff review suggests the following options are available : 1 . Determine that acquisition is not feasible within the necessary time frame , withdraw the offers to purchase , and acknowledge that the Housing Alliance will not pursue its proposed project on Block 32 . 2 . Begin accelerated negotiations with the property owners to see if a negotiated price can be reached by the November 13th deadline for site control . Such negotia- tions probably should include Council representatives ( or the Council as a whole) , the City Attorney and the HRA Director. Some subpoints of this approach are : a. Legal opinion should be solicited as to the extent ( if at all ) that the City could reasonably exceed the appraised value . b. Corrections to the City appraisal should be obtained. C. A special meeting needs to be called for Council approval of any negotiated price . 3 . Take action to condemn the properties in question. This alternative does not appear to meet the criteria for land control by November 13th as even a quick-take in condemnation takes 90 days . However legal opinion could be solicited to determine if a resolution of intent to condemn would qualify as site control . JA: cah W i W W W W W W W W W i! W ti w W W * w W O O O O O ?E O Y O O O i O i O O O # O O i! 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Oq n p P) n c+ Ott 9 Ff N fi vt\O N OD\10 Z :9 (D M (D (D N H (D N• (D ^ td O N l O O\n N -p-O--4 Oq P) m P) O Cr H Fl t7 0N0 \n0\,0�11,0N c+ c+ ctG 'd 'd d y r co In f✓ N F� N N F' F N fJ F f✓ N N r\) N N N N N N N N N N N N N N N r\) N N N N N N 00 OD OD OD OD OD Co OD OD 00 OD OD z O F'• (D c+ CD O O ti U] d x O 10, (D cD F b CD `-F `+ n x > N OD d rt O Vl Vl 1 Fl SCOTT i COUNTY 1HUMAh SEERvICES COURT HOUSE 300 SHAKOPEE, MN. 55379-1375 (612)445-7751 EILEEN G.MORAN-Human Services Director October 18, 1985 G'T)' 0;:: ir;F;�;: Mr. John Anderson Administrator City of Shakopee Shakopee City Hall 129 East lst Avenue Shakopee, MN 55379 Dear Mr. Anderson: Once a year we will be requesting each Scott County city to provide us with names of deputy health officer candidates to assist our County Health Officer in meeting our county's public health needs. This is not a requirement, but if you want to participate, please submit the name of a physician from your community who would be willing to serve as a deputy health officer. If you have any questions in regard to this request, please contact me on extension 404. If the physician you have in mind has any questions regarding this position, he or she may call Dr. Anthony Spagnolo, who is our current County Health Officer, at 445-1305. Please return this information by November 18, 1985. Sincerely, Chuck Dustrud Administrative Manager Dr. Thomas E. Luth of Sundance Medical Clinic was submitted as a candidate the past two years and was subsequently appointed by the County.. He has agreed to continue in 1986 . Action Recommended Submit the name of Dr. Thomas E. Luth to Scott County as a candidate to assist the County Health Officer in meeting the County' s public health needs. MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk__.` RE: Developers Agreement - Della ' s lst Addition DATE: October 28 , 1985 Introduction Mr. Clay has asked for the release of the developers agreement for Lot 3 , Block 1, Dellas lst Addition. Background Most of the work has been completed and accepted by the City. The City holds a letter of credit in the amount of 1250 of the total project. The problem is with one clause in the developers agreement which requires that retaining wall shall be used where necessary, as determine by the City Engineer, to maintain the slope of the lot (or lots) in conformance with the slope requirements as defined by ordinance. At first glance (and without a building permit application and site plan) it appears that there may be a retaining wall required. On October 15th, staff recommended and Council concurred to authorize release of developers agree- ment for Lot 3 , Block 1 , Dellas lst addition upon execution of a letter of understanding providing .for retaining wall, and filing of a letter of credit to cover the cost. Recommendation Since the construction of any needed retaining wall was not a part of either plan A or plan B improvements , requiring a letter of credit is not in order. Instead, the City Attorney recommends that an agreement be filed putting future property owners of lots in this subdivision on notice of a possible need for a retaining wall. This will allow the developers agreement to be released from lots as they are built upon. The need for a retaining wall will be determined when building permits are taken out. I do not wish to release all lots from the developers agreement at this time because the one year warrantee has not expired. Action Requested 1. Reconsider motion of October 15th releasing Lot 3 , Block 1 Dellas lst Addition from the developers agreement. 2 . Amend motion to authorize the release of Lot 3 , Block 1 Dellas 1st Addition from the developers agreement, upon execution of a public declaration that when a building permit is taken out, it will be determined by the City Engineer whether or not a retaining wall is necessary. _ Arinnt mnti nn ac amonriAri Declaration WHEREAS, the undersigned Cecil P. Clay Jr. and Della N. Clay are the fee owners of Della' s 1st Addition to the City cf Shakopee , Scott County, Minnesota, and as developers of said subdivision they recognize that at the time of the platting of said subdivision the City of Shakopee determined that retaining walls shall be used where necessary, as determined by the City Engineer , to maintain the slope cf the lot ( or lots ) in conformance with the slope requirements as defined by ordinance. NOW, THEREFORE, the undersigned Developers and Owners of Della' s 1st Addition hereby agree and covenant that when a building permit is taken out against the following properties the City Engineer will determine if a retaining wall is necessary and if so that the property owner taking out the building permit will build the required retaining wall: Lot 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 ; Block 1 Della' s 1st Addition This requirement shall be binding on all heirs , successors and assigns. Dated this day of 1985 . By Cecil P. Clay Jr. and By Della M. Clay STATE OF MINNESOTA ) ( INDIVIDUAL ACKNOWLEDGEMENT) SS COUNTY OF SCOTT On this day of 19 before me, a notary public within and for said County appeared to me known to be the person( s) signed as principal( s) herein, and stated that they signed the same of their own free will and accord. Notary Public County, Minnesota My Commission expires SEAL This instrument drafted by Julius A. Coller, City Attorney. Memo To: Mayor and City Council From: Marilyn M. Remer, Personnel Dept. Re: 1985 Police Labor Negotiations Date: November 6, 1985 Introduction & Background A letter was received from Cy Smythe of Labor Relations Associates, Inc. advising of the Arbitrator's Decision & Award in the matter of arbitration between Minnesota Teamsters Public and Law Enforcement and the City of Shakopee. The awards include the following items: 1. Insurance. An increase of medical insurance of 6.06% or $11.82 per month. 2. Wages. A wage increase of 5.2% of the wage schedule for 1985, or $119.13 for top patrol. 3. Longevity. Longevity shall be adjusted by 5.16% in all years where longevity is currently in effect. This compares to a 5% percent wage increase for all other City Employees and a $10.00 per month increase for Health & Life benefits. The standard contractual agreement with the Union is attached and incorporates the salary and benefit changes listed above. The contract will be retroactive because it is from 1/1/85 to 12/31/85. In addition to the wage increases mandated by the arbitration, previously agreed upon is the shift differential for Investigator/Detective to be changed to $100 per month replacing the previous $85.00 per month. One "housekeeping change" has been made to ARTICLE XXII. VACATIONS, 22.2 which read that no more than ten (10) vacation leave days shall accumulate beyond December 31st. In order to comply with the Personnel Policy it has been changed to read: No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year, . Action Requested Authorize the appropriate City officials to execute a contractual agreement between Teamsters Local 320 and the City of Shakopee to establish the wage rates for the Police Department for 1985. C LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Police Officer Effective January 1, 1985 through December 31 , 1985 I N D E X PAGE q ARTICLE I. PURPOSE OF AGREEMENT 1 ARTICLE II. RECOGNITION 1 ARTICLE III. DEFINITIONS 1 ARTICLE VI. EMPLOYER SECURITY 2 ARTICLE V. EMPLOYER AUTHORITY 2 ARTICLE VI. UNION SECURITY 2 ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3 ARTICLE VIII. SAVINGS CLAUSE 5 ARTICLE IX. SENIORITY 5 ARTICLE X. DISCIPLINE 5 ARTICLE X11 . WORK SCHEDULE 6 ARTICLE XIII. OVERTIME 6 ARTICLE XIV. COURT TIME 6 ARTICLE XV. CALL BACK TIME 7 ARTICLE XVI. WORKING OUT OF CLASSIFICATION 7 ARTICLE XVII. INSURANCE 7 ARTICLE XVIII. STANDBY 7 ARTICLE XIV. UNIFORMS 7 ARTICLE XX. LONGEVITY 7 ARTICLE XXI. HOLIDAYS 7 ARTICLE XXII. VACATIONS 8 ARTICLE XXIII. SICK LEAVE 8 ARTICLE XXIV. SEVERANCE PAY 8 ARTICLE XXV. INJURY ON DUTY 8 ARTICLE XXVI. WAGES 8 ARTICLE XXVII. WAIVER 8 ARTICLE XXVIII. DURATION 9 APPENDIX A. WAGES 10 LABOR AGREEMENT BETWEEN i THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 1985, between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamster Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1 .2 Place in written form, the parties' agreement, upon terms and conditions of employment for the duration of this Agreement. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all Police personnel in the following job classification: Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public Public and Law Enforcement Employees Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Shakopee Police Department. 3.5 EMPLOYER: The City of Shakopee. 3 .6 CHIEF: The Chief of the Shakopee Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters U Public and Law Enforcement Employees Union, Local No. 320. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the Employer, to the job classification and/or job position of Investigator/Detective. 3.9 OVERTIME: Work perfomed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the Scheduled Shift, during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAK: A period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stopage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY The union agrees that during the life of this Agreement that the union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. ARTICLE IV. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structive; to select, direct and determine the number of personnel ; to establish work schedules and to preform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically estabished or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. UNION SECURITY 6.1 The Employer shall deduct from the wages of Employees who authorized such a deduction, in writing, an amount necessary to cover monthly Union dues. Such monies shall be submitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer, in writing, of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notices(s) and announcements(s). 6.4 The union agrees to idemnify and hold the Employer harmless against any and `� L all claims, suits, orders, judgments brought or issued against the Employer l as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this agreement. 7.2 Union Representatives. The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure. Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 . An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative' s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer' s answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the 'Rules Governing the Arbitration of Grievances' , as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall nave no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered 'waived' . If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer' s last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each stepmay be extended by mutual written agreement of the Employer and the Union, in each step. 7.7 Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service, Veteran' s Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utililized, Step 4 of Article VII or another appeal procedure, and signs a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction f rom whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision maybe re-negotiated at the written request of either party. ARTICLE IX. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or re-hired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layof f shal l have an opportunity to return to work within two (2) years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each year. ARTICLE X. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension, without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the Grievance Procedure, under Article VII. ARTICLE XI. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty hours (2080) to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE XIII. OVERTIME 13.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in exess of the employee' s regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13 .3 Overtime refused by employees will, for record purposes under Article 13 .2, be considered as unpaid overtime worked. 13 .4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer, unless unusual circumstances prevent the employee from so working. ARTICLE XIV. COURT TIME An employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. ARTICLE XV. CALL BACK TIME C ' An employee who is called to duty during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XVI. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVII. INSURANCE Effective January 1, 1985 the Employer shall contribute up to two hundred six dollars and eighty-two cents ($206.82) per month per employee toward health, life and long-term disability insurance. ARTICLE XVIII. STANDBY PAY Employees required by the Employer to standby shal l be paid for such standby time at the rate of one hours' pay for each hour on standby. ARTICLE XIX. UNIFORMS Employees will be paid a uniform allowance during January of each year. This allowance will be four hundred dollars ($400.00) cash, for calendar year 1985 and this amount will be increased each year thereafter by a percentage equal to the June/June Minneapolis/St. Paul Consumer Price Index of the U.S. Department of Labor, Bureau of Labor Statistics, using the 1967-100 base. ARTICLE XX. LONGEVITY Effective January 1 , 1985 the following Longevity Pay Plan will be in effect: At the start of the fifth (5th) year of service, an employee shall receive ninety-six dollars and seventy-five cents ($96.75) per month additional. At the start of the eight (8th) year of service, an employee shall receive one hundred nineteen dollars and eighty-eight cents ($119.88) per month additional. At the start of the eleventh (llth) year of service, an employee shall receive one hundred forty-three dollars and two cents ($143 .02) per month additional. At the start of the fifteenth (15th) year of service, an employee shall receive one hundred sixty-eight dollars and twenty-six cents ($168.26) per month additional. ARTICLE XXI. HOLIDAYS 21.1 All permanent employees and full-time probationary employees shall be eligible for eleven (11) paid holidays. 21 .2 Any employee required to work on any of the eleven (11) paid holidays shall receive an additional one-half (1/2) times his/her base pay rate in additional to the regular holiday time off. 21 .3 The Employer may, at his option, buy back from any employee so requesting in writing by November lst of each calendar year any holiday time off earned but not used by the employee by December 31st of any calendar year. ARTICLE XXII. VACATIONS 22.1 Employees shall earn vacation as follows: 0 - 5 years of service 10 days per year Gf 6 - 10 years of service 15 days per year l Over 10 years of service One (1) additional day year not to exceed twenty (20) days 22.2 No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year, except as permited by the City Administrator. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without given two (2) weeks written notice and except for reasons of ill health, he/she shall forfeit his right to accumulated vacation. ARTICLE XXIII. SICK LEAVE An employee shall accumulate sick leave at the rate of one (1) day per month of service to a maximum of one hundred twenty (120) days. After one hundred twenty (120) days is reached, one (1) day of sick leave per month shall accumulate to a sick leave bank. Any employee absent from work for fifteen (15) consecutive calendar days shall have said sick leave deducted from the sick leave bank until such time as the sick leave bank is exhausted before deductions are made from regular accumulated sick leave. ARTICLE XXIV. SEVERANCE PAY 24.1 An employee who is separated from his/her position by retirement, discharge, death or resignation shall receive severance pay of thirty-three and one- third percent (33-1/3%) of a maximum of one hundred twenty (120) days of accumulated regular sick leave and banked sick leave calculated on the basis of his/her current wage scale. Should any employee resign without giving two (2) weeks written notice, except for reasons of ill health, shall forfeit his/her right to all accumulated leave. 24.2 Employees hired after January 1, 1981 will be entitled to severance pay after five (5) years of service. ARTICLE XXV. INJURY ON DUTY 25.1 Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and worker's compensation benefits for a period not to exceed seventy-five (75) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5, beginning with the sixth (6th) working day of such injury. Such time shall not be charged against the employee' s sick leave, vacation or other accumulated benefits. ARTICLE XXVI. WAGES See Appendix A (attached). ARTICLE XXVII. WAIVER 27.1 Any and all prior agreements, resolutions, practices, rules and regulations , regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superceded. 27.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE XXVIII. DURATION This Agreement shall be effective as of the first (1st) day of January 1985 and shall remain in full force and effect until the thirty—first (31st) day of December 1985. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 19 FOR THE CITY OF SHAKOPEE FOR TEAMSTERS LOCAL NO. 320 Lj APPENDIX A - WAGES 1 A.1 Effective January 1, 1985 the Police Officer Salary Schedule shall be as follows: After 36 months $2,410.13 After 24 months 90% of Top Patrol rate After 12 months 80% of Top Patrol rate Start 75% of Top Patrol rate A.1 Effective January 1, 1985 and for the duration of this Agreement, the Employer agrees to pay one hundred dollars ($100.00) per month shift differential to any employee appointed or assigned by the Employer to act as an Investigator/Detective. MEMO TO: Judy Cox, Acting City Administrator FROM: Barry Stock, Administrative Intern RE: Solid Waste Abatement Resolution No. 2453 DATE: October 31 , 1985 Introduction: In response to recent state legislation and Metropolitan Council action regarding waste abatement and land disposal , the Shakopee Energy and Transportation Committee is proposing approval of Resolution No. 2453 for inclusion in Scott County ' s Solid Waste Management Master Plan. The resolution as attached, specifies objectives and general policy statements for waste abatement in our community. These objectives and policy state- ments are in accordance with the goals and objectives established by the Metropolitan Council in their Solid Waste Management Development Guide/Policy Plan. Background: In March of this year the Metropolitan Council adopted a Solid Waste Management Development Guide/Policy Plan for the seven county metro area. The plan establishes specific and quan- tifiable objectives for waste abatement in the metro area. Additionally, the Metropolitan Council ' s plan calls for an end to all disposal of unprocessed waste by 1990. Each county in the metro area is also being required to submit a master plan which includes evidence of city involvement in the planning process ; a description of city programs , functions , facilities and activities for landfill abatement ; and a description of each cities plans and programs for waste abatement . One of the Metropolitan Council ' s actions requires statutory cities of the first , second and third class to establish their own solid waste reduction goals , objectives and policies for inclusion in their respective county' s solid waste management plan. In order for Shakopee to have some control over it ' s destiny in terms of waste management and in order to be eligible for dollars provided under the Metropolitan Council ' s household rebate program and tonnage grant program ( in 1986 approximately $3 ,000) the city must inform the .county of our solid waste goals and objectives . The Shakopee and Energy and Transportation Committee has therefore been working on the development of a solid waste management development plan strategy for our community. The strategy being recommended by the committee is set forth in Resolution No. 2453 as attached. The proposed resolution has been reveiwed and approved as to form by our City Attorney. Alternatives : 1 . Approve Resolution No. 2453 and submittal to the Scott County Board requesting inclusion in Scott County' s Solid Waste Management Master Plan as recommended by the Shakopee Energy and Transportation Committee . 2 . Make additions and/or deletions to Resolution No. 2453 and approve submittal to the Scott County Board for inclusion in Scott County' s Solid Waste Management Master Plan. 3 . Do not approve Resolution No. 2453 and submittal to the Scott County Board. Staff Recommendation: Staff recommends alternative #1 . Action Requested: Move to approve Resolution No. 2453 and submittal to the Scott County Board requesting inclusion in Scott County ' s Solid Waste Management Master Plan. BAS : cah Attachment o � C RESOLUTION NO. 2453 A RESOLUTION ESTABLISHING SOLID WASTE MANAGEMENT POLICY DIRECTION FOR THE CITY OF SHAKOPEE AND SUPPORTING SCOTT COUNTY' S EFFORTS IN DEVELOPING A SCOTT COUNTY SOLID WASTE MASTER PLAN THAT IS IN ACCORDANCE WITH THE METROPOLITAN COUNCIL ' S SOLID WASTE MANAGEMENT DEVELOPMENT GUIDE/POLICY PLAN. WHEREAS, counties in the seven county metropolitan area are to comply with the goals and objectives set forth in the Metropolitan Council ' s Solid Waste Management Guide/Policy Plan; and WHEREAS, under the Metropolitan Council ' s Solid Waste Management Development Guide, statutory cities of the first, second, third and fourth class are required to establish their own solid waste reduction goals , objectives and policies for inclusion in their respective county' s solid waste management master plan; and WHEREAS, the City of Shakopee is a statutory city of the Fourth class; and WHEREAS, the City of Shakopee is actively involved in establishing and implementing policies and programs that promote improved energy efficiency, energy conservation and progressive solid waste management proposals, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the Scott County Board of Commissioners be requested to include the following objectives and policy statements of the City of Shakopee in Scott Counties Solid Waste Management Policy Plan; City of Shakopee Objectives 1. Implement a city-wide or county-wide office paper recycling program by June 1, 1986 . 2. Investigate the possibility of implementing a city-wide or county-wide yard waste composting program and report to Committee by June 1, 1986 . 3 . Adopt a city scavenger ordinance by January 1, 1986 . 4 . Request proposals in the 1986 garbage contract to include a city-wide curbside recycling pick-up by the garbage contractor for the collection of paper, plastic, glass, aluminum and yard waste, oil, batteries, and tires. 5 . Have an 8% reduction in Shakopee' s mixed municipal waste through source separation by January 1, 1988 . City of Shakopee Policy Statements 1. If a recycling contractor is selected, request funding from the County to subsidize any increase in garbage rates in Shakopee due to the recycling component of the contract. 2 . Shakopee will continue to pursue the development of one common recycling center in Shakopee that would have the capability of having round the clock drop off capabilities. 3 . Shakopee will pursue the inclusion of a solid waste management planning element in our comprehensive plan that is consistent with the county' s master plan. 4 . Shakopee supports public-private cooperation in developing waste reduction schemes that will quantifiably reduce solid waste landfilling. 5 . Shakopee will continue to expand purchasing of recycled products. 6 . Shakopee will provide assistance in distributing and imple- menting publicity tools designed by the county. 7 . Shakopee will assist with the regional coordination of Scott County' s waste abatement activities. 8. Shakopee is interested in investigating the possibility of public or private mass burn, co-generation and/or refuse derived fuel facilities in Shakopee. 9 . Shakopee supports Scott County' s efforts in pursuing flow control/waste designation authority legislation for Scott County. 10 . Shakopee supports Scott County' s efforts in working with other counties in obtaining joint contracts which encourage waste abatement efforts in Scott County. 11. Shakopee will continue to educate the public of waste disposal sites for batteries, tires , oil, plastic and yard waste. 12. Shakopee encourages and supports Scott County' s efforts in developing and siting recycling transfer stations throughout Scott County. I d Ck— Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1985 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this atl- day of V"d: 1985 . C � City Attorney MEMO TO: Judith S . Cox, Acting City Administrator FROM: Judi Simac, City Planner RE: Proposed Development Moratorium as related to the Racetrack District Land Use Study DATE: November 1 , 1985 Background: At the October 22 , 1985 meeting, the City Council directed the City Attorney to prepare an Ordinance which would place a moratorium on building permits , uses and subdivision in an area bounded by Fourth Avenue , County Road 83 , County Road 16 and Shenandoah Drive extended to County Road 16 . The mora- torium shall not exceed ninety days and shall exclude developed land which is within the boundaries . The consideration of a land use moratorium is a result of the City Council decision to proceed with a Racetrack District Land Use Study. The intent is to delay any possible develop- ment , which would either be affected by the results of the study, or significantly impact the land uses desired within the study area. Action Requested: Offer Ordinance No. 184, An Interim Ordinance Imposing a Moratorium on the Development of Certain Land in the City of Shakopee During the Preparation of the Racetrack District Land Use Study, and move for its adoption. JS : cah ORDINANCE NO. 184, Fourth Series AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON THE DEVELOPMENT OF CERTAIN LAND IN THE CITY OF SHAKOPEE DURING THE PREPARATION OF THE RACETRACK DISTRICT LAND USE STUDY. PREAMBLE: WHEREAS , the City of Shakopee is engaged in the study of land uses in the vicinity of Canterbury Downs racetrack as a means for developing a plan and ordinance which best complement the development of the City considering the impact of the recently constructed Canterbury Downs paramutuel racetrack; and WHEREAS , an interim zoning ordinance is necessary during the preparation of the study in order to protect the City from any building construction and new uses or platting of land that may do irreparable harm to the character of existing land in the vicinity of Canterbury Downs and defeat the pur- poses of the comprehensive plan and zoning ordinance; and WHEREAS , the City desires only to limit commercial and industrial development (B-1, I-1 and I-2 ) which is in reasonable proximity to Canterbury Downs , but does not wish to place a moratorium on developed land within the moratorium district . THE CITY COUNCIL OF THE CITY OF SHAKOPEE HEREBY ORDAINS : Section 1 . MORATORIUM IMPOSED. That Chapter 4, "Construction Licensing, Permits and Regulations" , Chapter 11 , "Land Use Regulations (Zoning) " , and Chapter 12 , "Subdivision Regula- tions (Platting)" of the Shakopee City Code are hereby suspended to impose a moratorium on the acceptance for processing of all applications for platting, rezoning, conditional use permits , variances and building permits in the following zoning districts : Highway Business (B-1) , Light Industry ( I-1 ) and Heavy Industry ( I-2 ) lying within an area of land in the City of Shakopee , -- surrounding Canterbury Downs and generally described as property West of County Road 83 and South of Fourth Avenue, North of County Road 16 and East of Shenandoah Drive as extended to County Road 16 . Section 2 . EXISTING BUILDINGS EXCLUDED. That necessary building permits for repairs and alterations to existing buildings in all zoning districts shall be excluded from the provisions of this moratorium. l o �- Section 3 . PERIOD OF MORATORIUM. That the moratorium as outlined in Section 1 shall continue for a period of ninety ( 90) days effective upon passage and publication of this ordinance , unless terminated earlier or extended by further acts of the City Council . Adopted in session of the City Council of the City of Shakopee , el t is day of , 1985 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form this day of 198T.- City 98 -City Attorney 11 1 11 C BURY ANTER D O W N 5 November 1 , 1985 Mayor Eldon Reinke and Members of the City Council City of Shakopee 129 E. First Avenue Shakopee, MN 55379 RE: Moratorium Dear Mayor and City Councilmembers: We understand and wish to confirm that a zoning ordinance, if any, which you may consider on November 6 , 1985 , will exclude the racetrack site. As you know, in response to the requests by the public, we are considering the construction of an addition to the grandstand, improvements to the infield and addition of several stable buildings. We are analyzing the financial feasibility and costs now and hope to commence construction in early December. The legal description of the racetrack site as it is licensed today by the State of Minnesota is included herein. In addition to the above improvements, a portion of the site is under consideration for development as a hotel to serve patrons, trainers and horse owners. Very truly yours, MINNESOTA RACETRACK, INC. Bruce D. Malkerson General Counsel BDM:ap Enclosure C. C. John Anderson Julius Coller Rod Krass Jeanne Andre Judi Simac Planning Commission W. Brooks Fields Stan Bowker Canterbury Downs/1 100 County Road 83/P.O. Box 508/Shakopee, Minnesota 55379/(612) 445-7223 EXHIBIT A The Northeast Quarter of the Southeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota excepting therefrom: The Nest 150. 00 feet of the north 333. 00 feet of the Northeast Quarter of the Southeast Quarter of Section 5, Township 115, Range 22. The South half of the Southeast Quarter of Section 51 Township 115, Range 22, Scott County, Minnesota. The Southwest Quarter of the Southwest Quarter of Section 4, Township 115, Range 22, Scott County, Minnesota. That part of the East Half of the Northeast Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, lying northerly of the centerline of County Road No. 16. The Northwest Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota excepting therefrom: The south 400 feet of the west 100 feet of the South Half of the Northwest Quarter. The East Half of the Southwest Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota,, lying northerly of the centerline of County Road No. 16. I J � Q �` Ob 750 } 2 •�l- /� =750 1310 - -' 1325' leo ]�]CY Cl) 13 J!i -�1 =\\' �yn / I 1283' g n, n N� 6 g Q o LO i 58 i. 1216' 790 78 \ �a fi p�a SCCYrTLAND 'NQ November 1 , 1985 Mayor Eldon Reinke and Members of the City Council City of Shakopee 129 E. First Avenue Shakopee, MN 55379 RE: Proposed Moratorium Zoning Ordinance Dear Mayor and City Councilmembers: 1 . Introduction On October 1 , 1985 the City Council called for a joint meeting with the Planning Commission to be held on October 22, 1985 to discuss whether or not to undertake a new study to determine if any industrial zoned land should be rezoned to commercial as had been requested by two applicants. There was no discussion about any possible adoption of a moratorium zoning ordinance at that meeting. In fact, at the prior Council and Planning Commission meetings, there had been numerous statements that there was no need for a moratorium. The agenda for the October 22 , 1985 meeting did not include any mention of the adoption of a moratorium zoning ordinance, nor was there are any notice given to affected property owners of such a possibility. Tim Keane of our office was present at the joint meeting. He, as others, was surprised when direction was given to staff to draft a moratorium zoning ordinance. After the direction was given, public comments were solicited. Tim stated no moratorium zoning ordinance was needed and if one were to be adopted, it should only address requested rezonings, since rezoning is the issue, not the prohibition of development of pending industrial or commercial uses on property already zoned for such uses. 5244 Valley Industrial Boulevard South, Shakopee, Minnesota 55379/612-445-3242 City of Shakopee November 1 , 1985 Page 2 We understand the City Council will review the proposed ordinance next on Wednesday, November 6th. For the reasons stated herein, we respectfully request the City not to adopt any moratorium zoning ordinance since it is not needed. If a moratorium is adopted, we request that it not prohibit proposals that are in conformance with present zoning. 2. The City Should First Make Sure It Legally Can Adopt 'A—Moratorium Zoning Ordinance As you know, several applicants have filed for rezoning and several others are waiting to do so. One or more of them may challenge the validity of the moratorium. We are of the opinion that due process requires that the City provide written notice to the affected property owners of a public hearing called for the purpose of reviewing the proposed moratorium zoning ordinance. We recommend that if the City adopts any form of such an ordinance, that the City Council do so by the 2/3 vote required for adoption of zoning ordinances so no one can challenge the ordinance on procedural grounds. By having such a public hearing, no one can claim they did not have an opportunity to argue for or against the proposal. 3 . In Any Event, There Is No Need For A Moratorium The Planning Commission and City Council have repeatedly informed the public and interested potential applicants that spot zoning would not be allowed. The one applicant who proceeded to press for a rezoning from industrial to commercial was denied by the City Council. That applicant withdrew the rezoning request before the City Council could take final action because the applicant knew that there was a six-month delay until rezoning could be reconsidered. Any other applicant would be in the same position and will not demand a vote on rezoning until any open planning policy question has been resolved. There has already been a comprehensive study and moratorium in this area. The City does not need to do another. 4 . If There is to Be a Moratorium, It Should Apply Only to Rezonings of Property The present (and proposed) applicants for rezoning all seek rezoning from industrial to commercial zones. These applicants are not contemplating construction of industrial uses on the property while the City conducts a study, if any. If the City is worried about such an industrial use, then the City could adopt a moratorium on development on specified industrial zoned properties but provide an exception provision City of Shakopee November 1 , 1985 Page 3 in the ordinance to allow the development of uses found to be acceptable. This procedure has been used by other cities in moratorium ordinances. For example, the moratorium ordinance of another metropolitan community provides: "Notwithstanding any language herein, a subdivision, conditional use permit, variance or building permit may be approved by the planning commission or city coucil if they find that the development is in conformance with the present zoning and planning objectives of the city and that it would not be contrary to the intent of this moratorium ordinance. " As you know, we are proposing to build a hotel this fall on property which is properly zoned commercial for that use. We have reviewed the general plans with the City Council, Planning Commission and staff for months. No one has ever stated that such a commercial use in a commercial zone was not desirable. We have filed an application for plat approval requested by City staff, although we think that none is needed. The development of this property for commercial uses has been designated for years in the Comprehensive Plan and no one has ever said it should not be so developed. This fact is underscored by the City ' s establishment of the K-Mart Tax Increment Financing District which includes the property where we intend to invest $7 to $8 million this fall and winter. A general rule of thumb is that one million dollars of estimated market value in such a district will increase the tax increment financing revenues to the City in the amount of $48 ,000 each year to be used anywhere in the Minnesota Valley Development District No. 1 . A $6 million development will yield $288 ,000 a year in revenue to the City. This City has invested $2 .7 million in road improvements and $3 million on the racetrack project in part so that additional commercial development would take place in that K-Mart T. I.F. District. This was a wise decision. Additionally, we and our partners have invested over $65 million in the racetrack with the same objective in mind. We are proceeding, as promised, to commence with the first building of several in that T. I .F. District. City of Shakopee November 1 , 1985 ! Page 4 It does not make good planning sense to stop that development. 5 . Summary A. There is no need for a moratorium. B. If there is to be a moratorium, then it should apply only to rezonings of property. C. In any moratorium ordinance, the City should provide an exception provision so that the City retains flexibility and uses may be constructed in conformance with the City' s plans and objectives. D. No moratorium ordinance should be adopted without first conducting a public hearing with prior notice thereof to the affected parties. We therefore respectfully request that the City Council not adopt a moratorium ordinance, but if a moratorium ordinance is adopted, we request that it not prohibit development proposals that are in conformance with present zoning. Very truly yours, SCOTTLAND INC.. Bruce D. Malkerson Executive Vice President Timothy J. Keane Vice Presi ent BDM:ap C. C. John Anderson Julius Coller Rod Krass Jeanne Andre Judi Simac Planning Commission TO: John K. Anderson, City Administrator FROM: Gregg Voxland Finance Director / �J RE: Resolution No. 2466, Adopting a Vehicle Policy DATE: October 31, 1985 Introduction and Background The attached resolution incorporates the basic provisions of previous vehicle policies and adds provisions to comply with IRS regulations as currently inter- preted. The changes are more explicit on personal use, record keeping for the Administrator and withholding for personal and commuting use. Action Requested Offer Resolution No. 2466, A Resolution Amending the City's Policy For City Vehicles, and move its adoption. RESOLUTION NO. 2466 C/ A RESOLUTION AMENDING THE CITY' S POLICY FOR CITY VEHICLES WHEREAS, the Shakopee City Council has determined that it is in the best interest of the City of Shakopee to provide City vehicles for some City employees and mileage reimbursement for others; and WHEREAS, the City Council desires to maintain as few City vehicles as possible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Shakopee City Council does hereby adopt the City Vehicle Policy dated November 6 , 1985 which shall be attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that Resolution No. 2099 is hereby repealed in its entirety. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985 . City Attorney CITY VEHICLE POLICY Ci (U November 6 , 1985 Vehicles owned or leased by the City of Shakopee are to be used for official business only with the exception of the car furnished to the City Administrator and vehicles designated for commuting use. These vehicles are furnished to employees for use in City business. When a vehicle is not being used in official business or located elsewhere for repairs , it will be kept on City premises. No employee may use a vehicle for personal purposes other than "de minimis" use, such as a luch stop between two other business destinations. Vehicles owned or leased by the City of Shakopee and used by employees for commuting use are provided to employees for use in City business. The employees listed below are required to take a City vehicle home with them in order to provide for emergency response and to best serve the interests of the City. These vehicles are for business use only except for commuting use and "de minimis" use such as a stop for a personal errand between the work place and home. The City shall account for the personal use of the vehicle by including the appropriate amount in the employees gross income. Public Works Superintendent Street Department Foreman Police Chief Building Inspector City Engineer The City Administrator shall be provided a City owned or leased unmarked vehicle that is available for business and personal use. The Administrator shall keep a written log of all business mileage and all mileage not logged in shall be considered personal mileage and therefore taxable compensation. The Administrator shall provide the fuel for personal use of the vehicle outside the City of Shakopee. The taxable portion of employer provided automobiles will be treated as paid annually on December 31. The following departments have frequent need for a vehicle and shall have City vehicles assigned to them; Engineering, Community Development, Inspection. Employees shall use City vehicles when available and be reimbursed for the use of their private vehicles when a city vehicle is not available. All City vehicles shall be marked unless it is the Administrator' s car available for personal use or an unmarked police car. SCOTT COUNTY GOVERNMENT �� G STUDY COMMISSION PHILLIP R. KRASS Chairman PAUL WERMERSKIRCHEN Secretary October 11, 1985 Mr. John Anderson Shakopee City Administrator 129 East First Avenue Shakopee, MN 55379 Dear Administrator: Enclosed please find a Resolution adopted by the Savage City Council on the 10th day of October. I also enclose a final copy of the Government Options Study Commission Report for your consideration. It may well be that the options recommended will appear on a referendum ballot on Tuesday, November 5th. If not then, said referendum will probably be shortly thereafter. It would be most helpful if your City Council would pass a similar resolution. Please feel free to contact the undersigned or the members of the Study Commission from your Commissioner District should you have specific questions about our recommendations. ank you. Yours very ruly, I Sip Kra hai rman PRK:mj Enclosures R-85- A RESOLUTION SUPPORTING THE RECOMMENDATIONS O C/ OF THE SCOTT COUNTY GOVERNMENT OPTIONS STUDY COMMISSION WHEREAS, Judge Micheal A. Young did on the 15th day of October, 1984 appoint and constitute a commission to study various government options for Scott County; and WHEREAS, said Commission did meet twice a month for a one-year period taking testimony from county, city and township officials and the public generally respecting said options; and WHEREAS, the Study Commission did on the 9th day of October, 1985 unanimously adopt a report recommending three of the 11 options studied to the voters of Scott County for their consideration; and WHEREAS, said options will be the subject of a referendum at the earliest practical time for the voters of Scott County to consider; and WHEREAS, members of the City Council of the City of Savage did previously express support for the three options recommended by the Study Commission; NOW, THEREFORE, BE IS RESOLVED by the City Council of the City of Savage as follows: 1. That the City Council of the City of Savage does go on record supporting the three options recommended by the Study Commission, to-wit: (a) The consolidation of the offices of Treasurer and Auditor. (b) The making of said consolidated Treasurer/Auditor office appointive rather than elective. (c) The creation of the position of Civil County Council for Scott County. 2. That the adoption of these three options will increase significantly the efficiency and accountability of Scott County Government. 3. That the voters of the City of Savage and all of Scott County are encouraged to vote "yes" on said options when they appear on the referendum ballot. Adopted this 10th day of October, 1985. Rod Hopp, Mayor ATTEST: Mark H. McNeill, City Administrator FINAL REPORT OF SCOTT COUNTY GOVERNMENT OPTIONS STUDY COMMISSION 1 C C,- On September 18, 1984, the Scott County Board of Commissioners petitioned the Honorable Michael A. Young, Senior County Court Judge of Scott County, to establish a commission to study alternative forms of county government in accordance with Minnesota Statutes Section 375A.13. On the 15th of October, 1984, Judge Young did order the establishment of such a study commission and in accordance with the requirements of the law, appointed 15 members to the commission. Judge Young appointed three Scott County Commissioners, Anthony Worm from District Two, William Koniarski from District One, and Mark Stromwall from District Four. Also appointed were Paul Wermerskirchen the Scott County Recorder and William Schmokel the Scott County Surveyor. Judge Young then appointed from the first district, David J. Unmacht from Belle Plaine and Earl Ruehling from St. Lawrence Township. Cyril Wolf from Sand Creek Township was appointed an alternate from Distric One and Mr. Wolf replaced Mr. Ruehling who passed away during the summer of 1985 after having made significant contributions to the commission's efforts. From District Two, Judge Young appointed Paul Flick from New Prague and Marvin Oldenburg from Spring Lake Township with George Pexa of Cedar Lake Township serving as the alternate. From District Three, Rod Krass and Paulette Rislund of Shakopee were appointed and John J. Schmidt of Shakopee was named as an alternate. The District Four representatives were Walter Stock and Peter Patchin, both of Prior Lake. District Five was represented by William Thalhuber of New Market Township and Richard O'Keefe of Savage. William Casey of Credit River was the alternate. The Study Commission elected Rod Krass as its chairman and William Casey as its vice chairman. Paul Wermerskirchen was elected the secretary. Lori Lambrecht was appointed recording secretary for the commission. The first meeting of the commission occured on December 11, 1984 and the commission was convened by Scott County Commisssioner Richard Mertz. Thereafter the commission met twice a month with the final meeting occurring on October 9, 1985. A schedule of hearing witnesses was established in early January and in the months that followed the commission heard from virtually all department heads involved in Scott County Government as well as representatives from most cities and townships located in Scott County. Among the department heads who made presentations were Peg Subbe then director of Human Services, Richard Mertz, Chairman of the Scott County Board of Commissioners, Douglas Tietz, Scott County Sheriff, William Schmokel, Scott County Surveyor, Steve Johnson, then Director of Scott County Court Services, Paul Wermerskirchen, Scott County Recorder, Thomas Muelken, Scott County Treasurer, James Berg, Scott County Controller, Thomas Hennen, Scott County Auditor, Don Martin, Scott County Assessor, Jan Williams, Scott County Library Director, Earl Hedstrom, Veterans Services Officer, Brad Larson, Scott County Engineer, Jon Westlake, Director of Planning and Zoning, Timothy O'Loughlin, Director of Scott County Office of Emergency Management, Maila Hedin, Director of Scott County Collections, Jan Lill, Scott County Fraud Specialist, Joseph Ries, Scott Page 2 County Administrator, Kathleen Morris, Scott County Attorney, Cecil Buckmeler, then Data Processing Manager, James Slavik, Director of Central Services Administration, Thomas Longmire, Personnel Officer and Ray Vyskocil, Internal Auditor for Scott County. In addition to these presentations, the Commission held five public hearings, one in each of the five commmissioner districts and heard presentations from various township officials, mayors, councilmembers and city staff members located within each of those five districts. The commission also heard a presentation from Morris J. Anderson, Executive Director of the Association of Minnesota Counties. The commission received vuluminous exhibits and written presentations from various speakers and received copies of reports made by similar study commissions in other Minnesota counties. The options studied by the commission as provided by Minnesota Statute were as follows: 1. To increase the number of elected county commissioners from five to either seven or nine. 2. To make. the elected office of county auditor appointive. 3. To make the elected office of county treasurer appointive. 4. To make the elected office of county recorder appointive. 5. To make the elected office of sheriff appointive. 6. To consolidate the offices of county auditor and county treasurer as either an appointive or elective position. 7. To appoint a civil county counsel to handle civil legal work while the elected county attorney handles criminal legal matters. 8. To change our present organizational form of county government to the elected executive plan. 9. To change our present organizational form of county government to the at-large chairman plan. 10. To change the present organizational form of county government to county manager plan. 11. To change the present organizational form of county government to the county auditor-administrator plan. The commission attempted to examine each of these options from a standpoint of increased efficiency in county government, present and future needs of our county, and any potential cost savings. Page 3 to G It should be noted that this report and the results of the study done by this commission are recommendations only and that no change in county government occurs unless and until the voters of Scott County adopt one or more of those options by referendum at a regular or special election to be held not less than 30 days before the first day on which canidates may file for county office. After a total of 21 meetings and public hearings, this report was adopted and three options were unanimously recommended to the voters of Scott County for their consideration. A fourth option while not recommended received significant support and is the subject of a minority report. The Study Commission recommended against the remaining options, all but one of those recommendations being unanimous. OPTIONS RECOMMENDED 1. The first option unanimously recommended by the Study Commission was the consolidation of the offices of Scott County Treasurer and Scott County Auditor. This option was recommended by most department heads and many city and township officials who spoke to this subject. The commission concluded that the historical need for the separation of these two offices to check and balance each other was no longer necessary in an age of computerized fiscal management. The commission believes that there is some degree of overlap between the two offices and that such duplication as presently exists would be eliminated with consolidation. This consolidation will offer the opportunity for more effective use of personnel. 2. The support for consolidation of treasurer and auditor was accompanied by equal support for making that consolidated office of treasurer-auditor appointive rather than elective. The commission concluded that the functions of these offices were basically administrative rather than policy making. The commission members drew a distinction between offices in which a significant amount of public policy is determined, such as sheriff, and offices in which the duties are basically statutory and ministerial, such as treasurer and auditor. Combining the offices of treasurer and auditor into one office, and allowing that office to be appointive will allow the County Board of Commissioners to consolidate all the fiscal management duties of the county in one office so that the work of the treasurer, the auditor, and the controller may be combined. The commission members felt very strongly that only with a combination of all the fiscal enterprises of Scott County under one department head will maximum efficiency and cost savings be obtained. The three members of the study commission who are also Scott County Commissioners indicated that if the voters by referendum agreed to consolidate the offices of treasurer and auditor and make the consolidated office appointive rather than elective, it was their intention to bring together all of Scott County' s financial and fiscal management functions in one office. 3. The third option which received unanimous support from the study commission was the establishment of a civil county counsel, a civil attorney's office for Scott County. Unlike any of the other options provided in the Statute, this option, if approved by the voters, would not automatically create the office of civil counsel. Rather this option, if approved, gives the County Board the ability to create an office of civil county counsel by resolution. The members of the study commission who are also Scott County Page 4 1 C C~ Commissioners each indicated a preference not to exercise this option unless they believed that the elected county attorney was unable or unwilling to provide adequate staff attorney time for the civil legal needs of county government. The commission received testimony that approximately 60% of the work done by the County Attorney's office was civil in nature. The commission was concerned that it is generally only the criminal prosecutorial functions of the County Attorney's office which receive public attention and that generally speaking, county attorneys are elected on the basis of their prosecuting record. Meanwhile, Scott County with an annual operating budget of approximately $37,000,000 has significant legal needs outside of criminal prosecution which must be met if the county is to operate efficiently and within the bounds of law. These civil legal needs will continue to increase as Scott County grows. It was pointed out that every city council and township board has the opportunity to appoint its own civil attorney and to replace that attorney if he or she lacks the expertise or the commitment to serve the city or township in question. The commission believes that the Scott County Board of Commissioners should have the same option if need arises. Moreover, the voters of Scott County would still have the right and opportunity to elect the county attorney to handle prosecution of all criminal matters within the county, it is only the noncriminal legal duties which would be transferred to the appointed civil counsel, if the county board determined that Scott County needed such an appointed civil counsel. Of the remaining options, only two received any support, one of which is the subject of a minority report. The three options recommended are the three which the voters of Scott County will now have to consider and approve, each on its own merits. With respect to the options not recommended, the study commission felt that Scott County was still too small in population to justify the increased cost of raising the number of county commissioners. Not one person who spoke before the commission recommended such an increase and the commission members believe that all Scott County residents are adequately represented by the present number of commissioners. The study commission also found no support for an elected executive in Scott County who would assume basically all of the administrative and management functions of Scott County. Under this option, the county administrator would be done away with and the County Board simply would be a body to approve resolutions and ordinances. The commission members strongly felt this was a consolidation of too much power and authority in the hands of one individual. Likewise the option of authorizing the election at-large of the chairman of the Scott County Board of Commissioners received no support. The commission members were concerned that if the chairman were elected by the county as a whole and the remaining four commission members elected by their respective districts, more "turf guarding". would occur and county commissioners would feel obligated to consider the interests of their district exclusive of the interests of the county as a whole. The study commission members concluded that Scott County has an enviable record of having commissioners who consider the entire county in their deliberations and the study commission strongly commends present and future members of the Scott County Board of Commissioners for that approach to county government. o c� Page 5 l The county auditor-administrator plan was basically the plan Scott County had back in 1969. It would be a significant step backwards and made no sense to any of the study commission members. Moreover, it received absolutely no public support from any person who spoke to the commission. The study commission recommended against making the positions of sheriff or county recorder appointive rather than elective. The commission members expressed the belief that these two offices have significant policy making authority and duties and that the holders of these offices ought to be held accountable to the voters. The initial policy made by the study commission at its first meeting in December of 1984 was that the determinations and recommendations ultimately to be made would be made on the basis of the study of the offices in question and not of the individuals presently holding those offices. In no instance, are the recommendations being made by the study commission intended to be a criticism of the manner in which the offices effected are presently being operated. The present Scott County Auditor, Treasurer and Attorney all spoke strongly against the options the study commission is recommending, and the commission understands and appreciates their feelings and opinions. The recommendations made represent the unanimous opinion of the study commission that Scott County, now and in the future, will be better served by the recommended changes irrespective of who occupies the three offices affected. This report was adopted on the 9th day of October, 1985 at the Scott County Courthouse in Shakopee, Minnesota. Respectfully Submitted, Phil p K. Kra s, Chairman William Casey, Vice Chairman Paul Wermerskirchen, Secretary Anthony Worm William Koniarski Page 6 N ':` Mark Stromwall William Schmokel i a id Unmacht Cyril Wolf Paul Flick • lL� / arvin Oldenburg George Pexa Paulette Rislund Aa Ler Stock v William . alhuber 16 �- REPORT OF THE MINORITY OF THE SCOTT COUNTY GOVERNMENT OPTIONS STUDY COMMITTEE RELATING TO THE COUNTY MANAGER FORM OF GOVERNMENT The undersigned minority of the Scott County Government Options Study Committee recommend consideration by the Scott County Board of Commissioners of the County Manager plan of county government. The present organizational form of county government is the administrator plan. The manager plan differs in that a manager will have the authority to hire and remove appointed county officials and employees, within the rules of the county personnel plan and Minnesota law. The authority to hire and remove is currently vested in the Scott County Board of Commissioners. A county manager would be the adminstrative head of the county and would have the powers and duties administrative and executive in nature presently vested in or imposed upon the County Board of Commissioners. Such a manager would be responsible for the adminstration of the affairs of the county and would be authorized to appoint and hire qualified staff to assist him or her. Such a manager would provide for the execution of all ordinances and resolutions, provide for all county purchases, prepare and submit an annual budget and long range capital expenditure program for a period of not less than five years as well as to keep the county board fully advised as to the financial condition and needs of the county. The adoption of the county manager form would remove all presently existing independent boards and would vest that authority back to the county board. The adoption of this option would also abolish the offices of auditor, treasurer and county recorder and the county manager would reorganize the duties of these offices. This option would make the offices of coroner and surveyor appointive. The undersigned minority believes that with the ever changing needs of Scott County and the growth the county has experienced and will continue to experience, more centralization and central authority is needed to make our county as efficient as possible. The County Board of Commissioners may choose to include this county manager option along with those options unanimously recommended by the study commission in the referendum to be held on these matters, and the minority respectfully recommends the county board so do. Dated: Paul Flick alter Stock r- Dav d Unmacht Mark Str7w lip R. Krass RESOLUTION NO. 2462 6 A RESOLUTION SUPPORTING THE RECOMMENDATIONS OF THE SCOTT COUNTY GOVERNMENT OPTIONS STUDY COMMISSION WHEREAS, Judge Michael A. Young did on the 15th day of October, 1984 appoint and constitute a commission to study various government options for Scott County; and WHEREAS, said Commission did meet twice a month for a one-year period taking testimony from county, city and township officials and the public generally respecting said options; and WHEREAS, the Study Commission did on the 9th day of October, 1985 unanimously adopt a report recommending three of the 11 options studied to the voters of Scott County for their consideration; and WHEREAS, said options will be the subject of a referendum at the earliest practical time for the voters of Scott County to consider; and WHEREAS, members of the City Council of the City of Shakopee did previously express support for the three options recommended by the Study Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee as follows: 1. That the City Council of the City of Shakopee does go on record supporting the three options recommended by the Study Commission, to-wit: (a) The consolidation of the offices of Treasurer and Auditor. 'i'iic ^vi Sai'.. C^,^,SCI yr1��Qri Tyo�ci"�or�kiAitar affLGfl alpl?ointive rather than elective. (c) The creation of the position of Civil County Council for Scott County. 2. That the adoption of these three options will increase significantly the efficiency and accountability of Scott County Government. 3. That the voters of the City of Shakopee and all of Scott County are encouraged to vote "yes" on said options when they appear on the referendum ballot. Adopted this day of 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. Citv Attornev I � 420 Oak Street North Corporate Officers: C A R CARVER,MINN. 55315 Wallace Ess-Chairman Chaska ! s' Sandi Vasquez-Vice Chairperson Pnone: 4413-2302 " Shakopee Gordon Winter-Secretary/Treasurer tr-. 1 1 y 1 l�uw Waconia COM=UN- � ��t ` CTION Ms.Mary F. Sullivan- October 10, 1985 aaooa.M Executive Director Shakopee City Councilj�t' -- 129 E. Ist. Ave. Shakopee, MN 55379 Dear Friend, ft The Second Annual "Give Where You Live local fundraising campaign is underway. The letter is a request for your endorsement of this fundraising effort. The first campaign (1984) raised $47, 000. This year our goal is $75, 000. Funds will be used to maintain our existing Emergency Services, such as the food shelf (served 5,153 individuals in 1985) , Holiday Project (served 2, 051 individuals) , Commodities Distribution (served 2, 000 households monthly) and the Good Neighbor project (directly served 452 individuals and provided information and referral to 5, 605 individuals) . The need for these services continues to increase annually. The Community Action Program is a private, non-profit organization, governed by an 18 member Board of Directors, representing and serving the citizens of Scott and Carver counties. If you have questions or would like more information, please call Mary Sullivan, Executive Director, Jackie Kes, Scott County Community Organizer or Carolyn Jensen, Carver County Community Organizer. Thank you for your support and generosity. With your help this goal can be realized, and these services provided to those who so desperately need them. Sincerely, Wallace E. Ess, Chairperson Mary n Executive Director "An Equal Opportunity Employer" RESOLUTION NO. 2463 A RESOLUTION SUPPORTING SCOTT-CARVER ECONOMIC COUNCIL' S "GIVE WHERE YOU LIVE" CAMPAIGN WHEREAS, federal funding for social service programming has been reduced in recent years ; and WHEREAS , this has hindered Scott-Carver Economic Council ' s ability to provide basic services ; and WHEREAS, community needs have been documented in the areas of emergency food, surplus commodities, self-sufficiency, domestic violence and short term financial assistance ; and WHEREAS, community donations are needed to maintain services in these areas; and WHEREAS, the "Give Where You Live" campaign is a local initiative to provide funding of programs for residents of Scott and Carver counties. NOW, THEREFORE, BE IT RESOLVED that the Shakopee City Council supports the "Give Where You Live" campaign and encourages local residents and businessess to donate to this cause to provide needed services in our community. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985 . City Attorney LES AUCOIN == I:T OWMICT,ONCOM CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515 Oct. 22, 1985 To: Mayors, City Managers From: Congressrman Les AuCoin Re: Lights On For Peace Next month, at their Geneva su-nnit, President Reagan and General Secretary Gorbachev share a tremendous opportunity to reduce the threat of nuclear war by reaching an agreement on the framework of an arms control treaty. Into these meetings, they carry the single, unifying hope of people around the world that we all will be allowed to live our lives at peace. As the surrnit approaches, we have a chance to take a simple, eloquent step that demonstrates this hope. Following the leadership of the National Council of Churches, the World Council of Churches and the United States Catholic Conference, I am introducing in Congress, along with Senators Mark Hatfield and Paul Simon and Congressman Silvio Conte a resolution calling upon Americans to join together by lighting porchlights, candles, and other lights on November 19th and 20th, 1985 from dusk until dawn. This nationwide effort will demonstrate our yearning for world peace and for a summit that genuinely produces greater understanding and cooperation between the U.S. and the U.S.S.R. I'm writing to you today because with your help, this undertaking can indeed symbolize the hopes and expectations of the entire nation. Specifically, I urge you to (1) issue a local version of the attached resolution in the form of a mayoral proclamation or, as an alternative, submit it for approval by your city council ; (2) promote and publicize this project throughout your ccm unity; and (3) take the lead in your camunity by lighting your own porchlight during the two nights of the summit. Since time is short, I urge you to contact Stephen Anderson in rry Portland, Oregon office (by mail at 1716 Federal Building, 1220 S.W. Third, Portland, Oregon 97204 or by phone at 503-221-2901) to keep me info m-ed of your progress. I greatly appreciate your support. Your cooperation in bringing this drive to the attention of the people of your city will be a significant contribution. 2446 RAYBURN HOUSE OFFICE BUILDING. WASHINGTON. D.C. 20515 (202)225-0855 1716 FEDERAL BUILDING, 1220 SW THIRD. PORTLAND, OREGON 97204 (503)221-2901, OREGON TOLL FREE LINE 1-800-452-1920 RESOLUTION NO. 2465 A RESOLUTION INVITING CITIZENS TO LIGHT PORCHLIGHTS, CANDLES OR OTHER LIGHTS FROM DUSK TO DAWN ON NOVEMBER 19 AND 20 , 1985 WHEREAS, the United States and the Soviet Union among all nations lead in the development and accumulation of weapons with the ability to devastate and possibly end human life on earth; WHEREAS, the increased speed and accuracy of nuclear weapons on both sides greatly increase the danger that nuclear war will occur; WHEREAS, scientific evidence suggests that the detonation of even a small number of nuclear weapons already in existence would result in dramatic climatic changes which likely would end human life; WHEREAS, President of the United States Ronald Reagan and General Secretary of the Soviet Union Mikhail Gorbachev share responsibility for the avoidance of nuclear war , the peaceful resolution of global conflict and the instigation of joint cooperation projects; WHEREAS, leaders of the National Council of Churches of Christ in the USA, the World Council of Churches and the United States Catholic Conference have called upon citizens everywhere to light porchlights, candles and other lights on November 19 and 20 , 1985 from dusk to dawn to openly display their desire for world peace. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council that all citizens are hereby invited to light porchlights , candles or other lights from dusk to dawn on November 19, and 20 , 1985 while President Reagan and General Secretary Gorbachev meet in summit in order to openly express their deepest hope that President Reagan and General Secretary Gorbachev will heed the desire of people around the world to work, raise children, build communities and pursue a quality of life free from the threat of war - by reaching an understanding on an arms control agreement which significantly cuts nuclear stockpiles and makes strides toward halting the arms race between the United States and the Soviet Union. Adopted by the Shakopee City Council, Shakopee, Minnesota held this day of , 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985 . City Attorney MEMO TO: Mayor and City Council FROM: Judith S. Cox, City Clerk RE: Canvassing of Ballots DATE: October 29 , 1985 Introduction & Background Following the election on November 5th, the Council shall canvass the votes. The resolution to be adopted will be as attached with the results of the election to be inserted, including any write-ins . A revised resolution will be on the table. Action Requested Offer Resolution No. 2464 , A Resolution Canvassing Returns For The Municipal Election, and move its adoption. JSC/jms RESOLUTION NO. 2464 A RESOLUTION CANVASSING RETURNS FOR THE MUNICIPAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it is hereby found and determined and declared that the regular municipal election held in and for said City on November 5 , 1985 , was in all respects duly and legally held and the returns thereof have been duly canvassed, and the votes cast at said election were as follows: For Mayor, two year term: Eldon Reinke For Councilpersons-at-Large, two four-year terms: Gloria M. Vierling Dolores M. Lebens NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Eldon Reinke is duly elected Mayor, for a two year term, commencing January, 1986 and Gloria M. Vierling and Dolores M. Lebens are duly elected Councilpersons, each for a four year term, commencing January, 1986 . Adopted in session of the City Council of the City of Shakopee, Minnesota held this 6th day of November, 1985 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. City Attorney milk �! S©arTLAND INQ November 6 , 1985 Mayor Eldon Reinke and Members of the City Council City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Proposed Moratorium Dear Mayor Reinke and Members of the City Council: Thank you for this opportunity to appear before you this evening. I am here to ask the City not to adopt any moratorium, or if there must be a moratorium, then please limit it to rezonings. I ask this because of the following reasons: 1 . In 1973 we purchased 1400 acres of property, including the racetrack site, and the property to the south and east of it. We purchased the property after studying the development patterns, zoning and location of the By-pass. 2 . We met with the Planning Commission, Council and Staff through the years, and the City recommended and we agreed to the commerical zoning of the property at the intersection of County Road 83 and the By-pass. Through the years, the commercial zoning on this property has been an important part of our planning and the City' s planning. 3 . As you know, I was very involved in the joint and cooperative efforts with the City to attract K-Mart to the City. When the City created the K-Mart Tax Increment Financing District, the City included much of the racetrack area and property to the South on which we wish to build a hotel this fall in the District, because this area was ready for commercial development and the tax revenues from it would enable the City to accomplish other objectives throughout this City (a copy of the T. I.F. map is attached with the plat shown thereon) . 5244 Valley Industrial Boulevard South, Shakopee, Minnesota 55379/612-445-3242 City of Shakopee � ( November 6 , 1985 Page 2 4. In 1983 the City Council said it wanted to attract the racetrack facility to the City. We studied the immense downside risk of such a new and untested venture and the positive effect this venture would have on our commercial property to the south of the racetrack. Because of that potential positive effect, we and our partners were willing to answer the City' s call for a racetrack, and we invested over $65 million in the racetrack. Through the use of Tax Increment Financing District, the City too invested in the racetrack and the future development of the By-pass intersection. 5 . Since the day the racetrack was awarded to Shakopee, we have planned for the development of this property as an integral part of the overall development of the racetrack and By-pass intersection. During this last season, numerous trainers, horse owners and patrons talked to me about the need for an on-site hotel facility. I showed them the location and reviewed our plans with them. Everyone was excited. We have finalized our market studies, financing plans, and concept plans for the $8 million facility and we are ready to proceed so that we can bring units into service by next spring. We need to grade the site now, start our foundation now, and build through the winter. 6 . Finally, the City adopted a moratorium last year. The investors and realtors in the seven county area of course were aware of it. The City will not benefit from another moratorium in the same area with its adverse impact on the investor community. Additional planning can proceed without it. It is not likely that any large industrial use will be proposed on a site adjacent to the racetrack during that planning period, since the industrial property owners around the racetrack have expressed interest in rezoning to commercial. In conclusion, we are not asking for a rezoning. We are not asking for financial assistance. We are asking only to proceed with development that has been planned and discussed for over 12 years. Very truly yours, S OTTLAND INC. � Presidentt ooks Hauser JBH: lb Enclosure 41h AVE. NO F..�+ L BOLit, YARI a r 800' a e o 10 4 — v �,. --8 i F p YALLEy rN /1 - a OUSrgr^L p m / °pULE YA i 3 RO SOU rN 12 r _ 13 S 4 I 1 1 a �1 8Lo 1 t OU7E Cq K MART TAX INCREMENT DISTRICT �;,O1 4 Y <fI f fN I .-z PARK 2 CC NUMBER 1 2 �; S e OUTLOT O OUTLOT F OUTLOT G I