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HomeMy WebLinkAbout08/06/1985 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: July 30 , 1985 I. The City has been invited to attend the 20th birthday party of Ditch Witch of Minnesota on Friday, August 16 , 1985 from 12: 30 p.m. to 7 : 30 p.m. If you plan to attend please let Jeanne Andre know. 2. Attached is a copy of Judy Cox' s letter acknowledging the surrender of the On-sale and Sunday intoxicating liquor licenses of R. Hanover, Inc. 3 . Attached is a memo from Rosemary Dineen and Larry Smith regarding their community support activities for the Housing Alliance ' s Senior Project in Shakopee. 4. Attached is a memo from George Muenchow updating us on the Scott-Hennepin Trail that will run from George ' s office south through O'Dowd Lake, Prior Lake, Cleary Lake Park and conclude at Murphy-Hanrehan Park. S. Attached is the monthly calendar for August, 1985 . 6. Attached is an excerpt from the July, 1985 Public Management magazine that discusses the council-manager form of government. I am including the article so that Councilmembers might reflect on it prior to the Scott County Study Commission on August 7 , 1985 at 7 : 30 p.m. at the Scott County Courthouse. Rod Krass has sent me a list of questions that the Commission would like answered at its August 7th meeting. Councilmembers interested in getting a list of questions should contact me. Please note the August 7th date on your calendar. 7. Attached is a letter from Senator Rudy Boschwitz regarding revenue sharing. Please note page 2 . In the fourth paragraph he expresses his view that revenue sharing must go as part of the budget balancing compromise. 8 . Attached is the September 30 , 1983 memo Council discussed before the departmental reorganization that created the Community Development Department and placed Jeanne Andre in the position of department head. That memo called for a_ six, twelve, and eighteen month review. My comments are attached to the memo indicating the status of the review items , and I have also commented on page 2 and 3 of the job description. Councilmembers wishing to discuss this before the budgeting process should contact me. 9 . Attached is an update of Shakopee litigation cases being handled by Rod Krass ' firm. Please contact me if you have any questions. 10 . Attached are monthly reports for the period ending June 30 , 1985 for the Dial-A-Ride , Van-Pool and Scrap Recycling Program. 11. Attached are the minutes of the July 11 , 1985 meeting of the Shakopee Coalition. 12. Attached are the minutes of the May 28 , 1985 meeting of the City Hall Siting Committee. 13 . Attached are the minutes of the May 20, 1985 meeting of the Shakopee Cable Communications Advisory Commission. 14. Attached are the minutes of the July 17 and July 24 , 1985 minutes of the Downtown Ad Hoc Committee. 15. Attached are the minutes of the July 10 , 1985 informational meeting of the Industrial Commercial Commission. 16. Attached are the minutes of the July 11, 1985 meeting of the Board of Adjustment and Appeals. 17. Attached are the minutes of the July 11, 1985 meeting of the Planning Commission. 18 . Attached are the minutes -of the July 18 , 1985 meeting of the Planning Commission. 19. Attached are the agendas for the August 8 , 1985 meetings of the Board of Adjustment and Appeals and Planning Commission. 20. Attached is the agenda for the August 7 , 1985 meeting of the Downtown Ad Hoc Committee. 21. Attached are the minutes of the July 31, 1985 meeting of the Downtown Ad Hoc Committee. 22. On Tuesday I had Jeanette poll Councilmembers regarding changing Richard' s Pub suspension from 20 days to 14 days in exchange for them dropping their civil rights suit. The results of the poll are as follows : 3 against changing suspension to 14 days, 1 possibly for changing, 2 out of town until August 5th. Based upon the poll we will not respond to their request to change the suspension from 20 days to 14 days in exchange for dropping the civil suit. 23 . The Scott Carver Economic Council is no longer looking at the Minnegasco Building so we have dropped any consideration of any parking lot agreement. 24. Attached is a memo from LeRoy Houser regarding the closing of the Merchants Hotel. LeRoy is cooperating with Scott County Human Services to place former residents in other rental units. As of Thursday all but 3 residents have been placed in other housing. The other 3 work during the day and we haven ' t been able to contact them yet. _ LeRoy is providing information to the news media but has told them he does not want to appear on live camera - they are getting all pertinent information. CI 'T' Y OF SHAKOPEE r '° INCORPORATED 1870 } 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445.3650 E •j ; July 24, 1985 Mr. Richard Hanover R. Hanover Inc. 911 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Hanover: This letter is to acknowledge the surrender of the on-sale and Sunday intoxicating liquor licenses of R. Hanover Inc . by Richard Hanover to the City of . Shakopee on Tuesday, August 23 , 1985 at approximately 2: 30 P.M. The said licenses were surrendered to Officer Donald Bisek on the premises of Richard ' s in Shakopee , 911 East 1st Avenue and were then promptly delivered to the City Clerk. Respectfully, n J ludith S. Cox C`i'ty Clerk Jc The Heart of Progress Valley - ernntnoon ren• i r _ n._. f AF AF AF AF TO: Jean Andre 10 July 1985 John Anderson FROM: Rosemary Dineen Larry Smith RE: SHAKOPEE SENIOR HOUSING Rosemary Dineen presented to the St. John's Lutheran Church Committee on Monday, 7 July 1985. Seven people were in attendance. It was agreed that Lil Kapiska and Doug Spiotta would actively pursue Rosemary presenting to the Ministerial Association. The ultimate goal is to have the endorsement of the eleven area churches for the project. Larry Smith and Rosemary agreed to inform the steering committee of this actively in an August mailing, combining an overall update of the project. vjl AWArk // 1► Housing Alliance I 200 Butler North 510 First Avenue North Minneapolis.MN 55403 6121339-6122 y �ljttknpee Crnmmunitg 1-kruices 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Communitv Education • Parks • Recreation Adult Education Memo To: John Anderson, Shakopee City Administrator From George Muenchow, Director—Community Services Subject: Scott—Hennepin Trail Progress Report . Date July 25, 1985 Good news! It was reported at the Scott Hennepin Park Advisory Board Meeting yesterday that the Metropolitan Council Parks & Open Space Commission has placed on the Agenda for August 12, the Scott—Hennepin Trail. At that time the Park & Open Space Commission Staff will recommend that the proposed trail be funded. $450,000.00 has been budgeted. This is the Trail that will start from Huber Park Boat Landing in Shakopee and will meander by O'Dowd Lake, through the City Of Prior Lake, through Cleary Lake Park, and conclude in Murphy—Hanrehan Park. It is expected that acquisition will begin with willing sellers very shortly thereafter. The Scott—Hennepin Park Advisory Board via Hennepin County Park Reserve District Staff will be the local implementing agency. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 u� b I (D 'z� rt Un co� C) OO h] J .P C ro .. N. .. O .. rt r_ 0 rt- y W � O r"S W W N t' EnF�.O OF- O (D O ONF� (D (D F1' Fl- rt C� _ F-' � 3 u m (D d F- FC rt ' n K • C N N ~ ~ CY) N UI C) 0 �] C) O G •• O O G rt O r- rt W rt G rt h a O G P;r LQ O rt O O � rt H. OFC y Ui (D 0 (D rt"d r• 'd M• b H. (D 'd C) In ~ ~ ~ CA cz� In F'• O �G N N F-' �l O w ro rxi to H �1 U) En J d H2 H0 •• n •• rt0 wE � Zr Z3 � O � Oa � O'� CEJ C H O H H d FC rt- rt C) ►C C] m U) 10 I'd 0) 'O In � H C�rJ HPI) El F3 O O In 2 rt m N N F-' FC 1-< U"I m N JL, J vF3,M __j O w W ((D Lo O � O 110 p U) �:$ n ~•L cn • rt �5 K rt N H. N F-' l0 O N u-1 co F' H a w N N O W ;n N 9 F.i W N F_ T� �J �. -M aaer Councilc► Govemiment. Positive Alternative to Separation of dowers Chester A. Newland have suffered increased difficulties in the past 25 years Professor of Public Administration as single-interest advocacy and narrow partisanship University of Southern California have intensified in American politics. Sustained conflicts have often characterized legisla- tive/executive relationships, as in Chicago in the 1980s COUNCIL-MANAGER GOVERNMENT and in Cleveland in the late 1970s and nationally in the contrasts positively with America's frag- Nixon, Carter,and Reagan administrations. Executive mented, separation-of-powers governments transitions have often neared disaster,as in 1861 and in three respects, which warrant greater at- the outbreak of civil war, 1933 and the bank closings and related crises, and 1961 and the Bay of Pigs. Some tention. These crucial differences are: transitions of mayors in Boston, Chicago, and many • Ultimate authority is placed in the other large and small cities have also been disruptive, popularly elected council, in a parlia- while in other cases entrenched, executive-dominated machines have postponed problems by foreclosing mentary-like, shared-powers system. leadership changes for extended periods. • Greater civic, political, and career exper- Amateurism and spoils increasingly characterize ed ramany such fragmented governments in the 1980s,as tise and professionalism are encouraged they did prior to the reform movements that gave birth and practiced. to council-manager government. This return to parti- • More coordinated, systems-oriented san administration and politicization of personnel systems limits the capacity of governments to respond responsiveness occurs. to even ordinary expectations, such as balanced bud- HESE DISTINCTIVE FEATURES NEED gets, energetic and informed cash management, timely handling of accounts, reliable contract standards and Tto be hi=blighted by leaders Of council- compliance,and economical, efficient, and effective manager governments. In today's leader- public services. When a new chief executive is elected, ship efforts, the following points also need in all too many cases, most departmental managers and to be considered: other top administrators are changed, often in favor of inexperienced and uninformed partisans. That is how • Alternatives to council-manager govern- the National Academy of Public Administration, in the ment have performed comparatively less book America's Unelected Government, has character- well in the past 25 years. ized current practice in the national government. • Essential governmental continuity re- Parliamentary-like Shared Authority quires sensitivity to the present, disciplined For over 70 years, one dominant thrust of public ad- by past experience and respect for the fu- ministration has been in support of enhanced executive ture. power as the solution to governmental problems. Es- sentially,two contrasting approaches have been • Basic values that underlie council-man- followed to accomplish that purpose. In separation-of- ager government must be both practiced powers Systems,power of the executive has been and articulated. increased at the expense of legislative and private au- thority,and a conflict model of executive/legislative relationships has increasingly dominated such govern- Separation-of-Powers Problems ments. By contrast, in council-manager governments, Governments in the united States at every level— final authority has been concentrated in the popularly national, state, and local—have experienced grave elected legislative body, with the executive directly problems under the peculiar separation-of-powers responsible to the council. This facilitates institutional- system that grew out of American Colonial and Revolu- ized arrangements in which enhanced executive power tionary era circumstances.These fragmented systems serves the public under close supervision by the legisla- Public Management/July 1985 7 tive bode. Somewhat like a parliament, the council may executive. From the start, the focus has been on shared promptly change top executive leadership at nearly any expertise and professionalism among citizens, civic time to maintain ultimate responsibility. In this system, leaders,politicians, and careerists. In this system, civic executive authority can safely be great, because limits duty and public service are interdependent. These pri- on the executive are even larger, and they may be exer- orities contrast sharply with the increasingly partisan, cised swiftly and decisively. executive domination of governments under separa- Individual councilmembers and the council as a tion-of-powers systems. whole have considerable authority in this framework. Coordinated, Systems-Oriented In a mayor-council system, by contrast, authoritv of - councilmembers is greatly diminished in favor of the Responsiveness elected chief executive. Typically,partisan machinery is A third positive difference between the council-man- also essential to that system as a vehicle to exert re- ager framework and executive-dominated separation of maining legislative power vis-a-vis the executive. Thus, powers is in how they facilitate coordinated, systems- authority of individual councilmembers is further di- wide responsiveness to problems and opportunities. minished. Following the accentuation of single-interest advo- cacy and narrow partisanship since the first of the C1V1C, Political, and Career Expertise 1960s, both legislative and executive branches of sepa- and Professionalism ration-of-powers governments have been increasingly Council-manager government originated in reform plagued by factionalism. Thus, their fragmentation has movements that were devoted to facilitating effective increased. At the national level, the result was de- and efficient citizenship—self-governance. The initial scribed in the mid-1970s by Hugh Heclo as A Govern- ' focus was on civic excellence, not the public executive. inept of Strangers. The same condition is frequently The search was for whatever governmental form would present in local governments. Elected mayors and fac- best serve the public. A principal result of that reform tionally divided councils are often compelled to staff era search was the Lockport Plan,the municipal re- spoils-dominated systems with representatives of com- search movement's solution to the nearly unworkable peting political factions.As a result,the institutional complexities of the American system of separation of quality of government is increasingly diminished. Frag- i powers. mented,narrow interests come to control separate turfs. Strong mavor forms were first favored by municipal Council-manager government is not immune to these j reformers,but the resulting fragmentation and conflicts pressures. In the past 25 years, however, it has demon- soon turned their search to the commission form. That strated great capacity to broker competing interests framework was deliberately patterned after a par- within the institutionalized,powerful council that char- liamentary concentration of powers in a popular acterizes this governmental form. Often, that brokerage assembly. The absence of expertise and focus there has been with blood, sweat, and tears. Also, nearly al- quickly led reformers to the model of council-manager ways,success has depended greatly on the presence of government, with a functionally hierarchical executive a coordinated executive capacity to facilitate prompt, system. uncomplicated responsiveness to both varied and com- mon public interests. What is important in this evolution and the resulting P conceptualization are the ordered priorities: The great strength of council-manager government has been precisely in the combined presence of those 1. Citizen effectiveness two qualities: a powerful council, oriented to com- ' t 2. Popularly based council authority munity brokerage, and a coordinated executive 3. e executive Responsible e framework, characterized by diverse expertise and pro- fessionalismexpertise and free of narrow factionalism. The past Subordinated to the council, the hierarchical executive 25 vears have been stressful for nearly all governments. system is to provide informed coordination of varied But, if compared with the alternatives, council-man- expertise, not centralization of activity in a partisan ager governments have generally demonstrated far executive structure. greater strengths to provide coordinated public ser- By contrast, when the strong executive model was in- vices in difficult times. troduced into the national government by New Deal and other reformers, congressional authority was in Comparative Council-Manager Merits creasingly denigrated in favor of enhanced presidential One point needs to be made most clearly today: power. The earlier understanding of the separation-of- Council-manager governments have generally outper- powers system as one of shared functions and authority formed others during the past 25 years. The grass in soon gave way to frequent executive/legislative con- those other fields is definitely not greener,and often ' flict. An orientation grew among academic political the green that is there is grass of a different kind. Con- F scientists and some public administrators in favor of fronted by intensified factionalism and partisanship executive enhancement at the expense of citizen in- since the early 1960s, local governments have had i volvement and legislative authority. great pressures exerted on them to embrace more f-ag- The differences between these two conceptions of mented frameworks. Experience in alternative the strong executive are crucial,although they are of- separation-of-powers systems, however, is that frag- ten ignored by advocates of strong executive power in menting pressures are further intensified in them, 1 separation-of-powers systems. Leaders in council-man- reducing broad community consciousness and civic ager governments need to stress that this governance identification. The negative results of that factionalism plan did not begin with the principal emphasis on the and narrow partisanship are most evident in the persis- 8 Public Management/July 1985 t iifSiiCZi3'c =�.tg,rrarjtctorP�tPr 2Ltentlon. J tenth massi%,v defscits,fragmented and conflicting A third point that warrants higmightitYg needs to be le • policies, and serious institutional decline of the na- made by example.Today's leaders must practice and tional government in recent years. But while less articulate the fundamentals that underlie council- evident and awesome, similar failures are often evident manager government. Most basicaliv, those are the in state and local governments that are fragmented ac underlying values of constitutional democracy: human cording to similar principles. A second point that today's leaders of council-man- dignity and rule of law/reasonableness. The council ager governments need to stress is the need for manager system best facilitates those values through sensitivity to the present, disciplined by past experience the framework already noted: and respect for the future. In 1984,we celebrated • The highest priority is citizen effectiveness,based on ICMA's 70th anniversary.Those decades have been in- values of self-governance. structive, Professional managers and the councils they . Subordinate to that is the council, with focused au- serve have learned that it is essential to manage from thori the future to be responsible today. More clearly, water t7'• and sanitation systems require long-term policies and . Subordinate to that is the governmental administra- administration. Human services do also.The extreme tion, coordinated by expert,professional management. discontinuities associated with separation-of-powers systems are, quite simply, inconsistent with such gov- That is the tested formula of responsible council ernmental realities. Council-manager governments manager government. It has proved to be exceptionally experience great difficulties also, but they have demon- effective, especially compared with alternatives during strated far greater time perspective than alternative the past 25 years. That success and its foundations war- forms of government.This steadving feature of council- rant wider understanding. as a trained professional has provided a model for ur- I N ban management in all its variations. It is primarily for M N 1 this reason,I would say,that urban managers speak of R this governmental form with such respect and honor. Against this background, discussions of the contin- ued viability of it are especially interesting. A lowered Plan rate of new adoptions, and recent abandonments in the some well-known cities,have raised questions about the future of The Plan. Many managers novo wonder Robert B. Denhardt, Research whether the public feels it has outlived its usefulness. Professor of Public Administration I think not,though it does seem that we have University of Missouri-Columbia become more mature in recognizing that council-man- ager government works better in certain kinds of cities OR WELL OVER HALF A CENTURY, URBAN than in others.What is more important,however, is managers in this country have had a special that whatever happens to The Plan in the coming de- affection, even a reverence, for the council- cades, a momentum for the professionalization of local manager form of government. "The Plan," as government has now been established and seems likely it is called,has provided a rallying point for the profes- to continue, Plan or not. Sion. It is recommended,promoted, defended, and The evidence on this point is overwhelming. Vari- protected from threats. Even though individual local ations in the form of local government are now government managers come and go,they are tom appearing,vet a concern for professional management forted when The Plan remains. appears time and again. In Missouri, for example,while new adoptions of The Plan have been fins there has There are many reasons urban managers have had such respect for it. One of the more obvious was re- been a tremendous growth in city administrator ar cently stated by a student of mine,who responded to rangements, especially in smaller communities. an exam question about the significance of the council- Similarly, other local governments, most notably coup manager form of government by writing: "It's ties,are now seeking ways of bringing professional important because our graduate teaching assistant expertise to bear on local problems. The move toward wants to be a city manager someday and without this professionalism cannot be denied. form of government,he couldn't be one!" I would say,therefore, that The Plan is alive and well More seriously, urban managers have often recom- in American communities,but, more importantly,pro mended the council-manager form of government for fessionalism in local government is flourishing as never local communities—and their reasons have not been before. Urban managers, who have supported The Plan simply self-serving. They feel, with good justification, as a vehicle for increased professionalism in local gov- that The Plan provides a workable allocation of govern- ernment, should novo celebrate the fact that The Plan, mental responsibilities, a balancing of politics and as well as their own distinctive performance under it, administration, and, most important, a degree of pro has led to such a concern for professionalism. Whatever the future of The Plan might be, and what fessionalism in local government. This last point cannot be overemphasized: The Plan ever fluctuations might appear from time to time, the has been one of the primary instruments through profession of urban management in this country is which professional management has been brought to growing and expanding in important new directions. In local government. Moreover,the image of the manager this,The Plan and its supporters have served well. 9 Public Management/July 1985 RUDY BOSCIiWITZ COMMITTEE ASSIGNMENTS:/ MINNESOTA AGRICULTURE BUDGET FOREIGN RELATIONS SMALL BUSINESS 'W'tlrYfeb VETERANS AFFAIRS WASHINGTON. D.C. 20510 July 15, 1985 The Honorable Eldon Reinke Mayor of Shakopee - 129 East First Avenue -- Shakopee , Minnesota 55379 Dear Mayor Reinke : Thank you for contacting me to express your concern about plans to eliminate the General Revenue Sharing (GRS) program. As you know, President Reagan' s budget request for Fiscal Year 1986 (FY86) , which begins October 1 , 1985, proposed to eliminate the GRS program at the end of this year . The Administration believes that GRS should be eliminated because the fiscal condition of many of the 39,281 local governments receiving GRS funds has changed dramatically -- going from deficit to surplus conditions, while the federal government ' s deficit has grown substantially. Also, the ten wealthiest states received 25 percent of GRS funding in 1983, while the ten poorest states received less than 12 percent of the funds. The Administration does not feel that the formula for allocating funds will be changed since past efforts to change it have met stiff Congressional opposition and the GRS formula has remained the same since the program was enacted. You probably know that I have supported the General Revenue Sharing program in the past because it provides funding to states and localities with no strings attached. The GRS program relieves states of the costs of complying with government regulations and allows them the flexibility to respond to the unique needs of their own area. And it is one of the most efficient programs, costing 11/100 of one percent to administer . That' s a record out here! However , with the ever-mounting federal deficit , I strongly feel that all members of Congress must look closely at their own favored programs with a view toward reducing the deficit . That effort would require that programs I favor , like GRS, receive close scrutiny and careful consideration . And the fact of the matter is , we simply don' t have any revenue to share . That is why , in the Senate Budget Committee, I supported a plan to spread the $4 . 6 billion authorized for FY86 over two years (FY86 and FY87 ) . On the Senate floor this was changed to full funding for Fiscal Year 1986 and then allowing the program to end as is currently scheduled. The final version of the budget resolution that passed the Senate on May 10 , would allow the program to expire at the end of FY86 (September 30, 1986) . July 15, 1985 Page 2 On May 23 , the House of Representatives passed its budget , which would reduce funding for the GRS by 25 percent in FY86 and allow it to terminate like the Senate budget resolution. All of the differences between the two versions must be resolved by a joint Senate-House conference committee , on which I serve. My feeling is that we absolutely must reduce the size of the deficit . . . and that means slowing the growth of federal spending. Still , we have to be very careful about how we do that ; otherwise, we will end up changing only those programs which are easy targets and that may not be a fair solution to the problem. Recognizing this, four years ago I suggested the "Fair Play Budget , " under which all government programs would be treated exactly the same . Whether it was defense , education , Social Security, or Civil Service Retirement , all would get equal treatment . I felt that was the way to balance the budget . Unfortunately, it usually takes a crisis around here to get /anything accomplished. Since we didn ' t have a crisis, the Fair Play approach -- sensible as it is -- wasn ' t adopted, though we did make some significant progress in slowing spending. However, whereas several years ago we could have let the budget grow at 4 to 5 percent a year , now our problems are more serious, which is why I modified my plan to a freeze and then subsequently supported the budget resolution passed by the Senate . All this may not be what you want to hear , but I believe it ' s the direction we must take. I will also support the directing of Community Development Block Grants and other federal grant and support programs to those munities in greatest need so that at least some of the slack fro removing Revenue Sharing will be taken up. I will write to you soon abo t th ) tax deduction for state and local taxes. Again, thanks for getting in t ch with me. Si y, Rud Boschwitz United States Senator RB/dsc l YY ` MEMO TO: Mayor and Citv Council FROM: John K. Anderson, City Administrator RE: Departmental Reorganization DATE: September 30 , 1.983 Introduction City Council , .at its regular September 20 , 1983 meeting, tabled the discussion on the departmental reorganization and directed staff to prepare job descripLions for the next regular Council meeting. Council indicated a desire to review the specific job descriptions , performance criteria established for the Community Uevelopment Director and to have the additional time to think about the pro- posed reorganization. Job Descriptions The job descriptions for the position of Community Development Director and Planner Ilar.e attached for Council review. These job descriptions include a section that has not been included in previous City job descriptions entitled , "Examples of Performance Criterirn" . 1-iter in this memo T have 1isLed the specific 6th ; 12th and 18th month criteria we would use in measuring the Community Development Director ' s performance. Please review the job descriptions carefully to determine whether or not they accurately reflect the responsibilities I have indicated wend d he performed by the Director of Pl rinni ng incl Community Development and the Planner l: . A close examination of the experience and training required for the Director of Planning and Community Development listed under "Qualifications" provide the rationale for our starting Jeanne Andre at the entry level for this position. Specifically Proposed Performance Criteria As stated in my memo of September 16 , 1983 , the Director of Planning and Community Development position , if filled by Jeanne Andre , would carry with it a specific list of performance criteria over an 18 month period beginnin1 January 1 , 1.934 . Those criteria are listed below for Council review and m.iv be c ringed as deamcd appropriate. Six Mont-h Review ��j ; Lcation for Main Street Pro ram. 44- Follow through on apple g Follow through on application for Mortgage Revenue Program. 3„ Complete CDBG grant application by February 1 , 1984 . Staff the Downtown Committee and bring the consultants G report on the downtown plan to completion. i'avL' i wU September 30 , 1983 12 Month Review °� P4 ' Coordinate to successful compieLion the Public Works it improvements , parking lot and green space , for the downtown redevelopment project . 2 . ablish a vacate property list based on bare land �'71 (P1 and vacate structures to be used in response to economic development inquiries to come to City hall . 3 : Successfully complete at ].east one commercial rehab loan `Y13 program loan as established under the downtown tax -� increment financing district . ' .14,-c, 1c, Negotiate with at least five major businesses identified as /nava~n potentia in the downtown marketing, analysis , and Till bring a major redevelopment project s ) to Shakopee ' s �a✓�wn t own. 11 18 titonth Review Completion of second successful commercial rehab loan program in the central business district under our tax increment progrrim. Oere ere funding for Community Development Block Crant . will have been two fundin,, cvcic's durinn this muntl�,.period . Uther criterizi iuerformance ha ving been this criLc�; is iaill he eurni1ri,r + ,, 3rd fundi pnd ebruary 6 ) becausA (,4- t h, ��t, �f ct�ff rime nvai l ;Ihl (' i t)r Orepnrat i nii O( ( l) `i4 ;,nl i (-.1 nn ccessfully attract one new small retail businesses Shakopee ' s downtown with tho i r :irri vn 1 being primarily the result of efforts by the Community Development 7Patme of G � Summar aR � endati-on City Council has now embarked on an effort to develop the funding for the full time personnel required as part of our Main Street Program application. I would like to restate the program' s ___. __ __ _ criteria that this person work full time on the Main Street Project. Any efforts by Shakopee to preplan combining a part of this indi- vidual ' s functions with City Community Development or Planning functions will likely result in the failure of our application being funded . The Main Street people are very clear about the necessity for the Main Street staff to give their undivided atten- tion to the Main Street Program efforts . The City has entered into a letLer of agreement with kob Chelseth for planning services to backup Jeanne Andre while we are without a Planner. This stop gap arrangement is satisfactory for the short term but will hurt the City ' s efforts to put together a good Main Street application, Mortgage Revenue Bond application and Community Development Block Grant application during the next few months . I would like to underscore the fact that the ICC and Planning Commission both feel thnL we need n person on staff to work on planning related duties . To the extent that Jeanne Andre is moved over to fulfull some of these duties other Community Development related activities will suffer- such as those mentioned above . iJ� pis L^]f ii�iii t.EJ:oaTliZatior, Page Three Scptcmbcr 30 , 1983 In looking for some examples for the position descriptions attached to this memo we found two communities that have organizational structures almost identical to the one I proposed in my September 16th memo. The job descriptions for Lhe Director of Community Development from both Plymouth and Brooklyn Park had even included the building functions under the Community Development Department . This indicates to me that our two step approach which would create the department in 1983 and allow for the potential inclusion of building functions sometime in the future as the City continues to grow is on target . I recommend the action requested as outlined in my September 16 , 1983 memo. JKA/jms Director ?'1�nning U Community I�eveiopmenL Page Two Prepares HRA agendas , staffs HRA meetings and follows up on all HRA directives . Coordinates programs as necessary with appropriate Federal , State and County agencies . -- Monitors financial and contractural status of programs and accurately maintains required records . Monitors and evaluates all community development department functions and evaluates final results . -- Assures that work of all divisions is complete and sound , and that programs and staff output are consistent with City policies , goals and codes . Represents the Department with other City Officials , other govern- mental agencies , and the general public , in a manner that will assure continuing effectiveness in the achievement of City objectives . Prepares and administers departmental budgcL , including portions of the Capital Improvement Program with appropriate documentation for submission to the City Administrator. -- Assures that expenditures are consistent with the -approved budget. Keeps City Administrator promptly informed of significant matters to permit effective performance of community development programs . performs other duties as apparent or assigned . / Examples of Performance Criteria .L%0;1_t— Ability to creatively package and bring together the necessary public/ private sector elements for successful economic development programs and projects will be assessed by the number of such programs and projects successfully undertaken. Ability to formulate and implement long range community development plans will be assessed by timeliness of plans and consistency of recommendations for development with overall plan. bility to provide adequate information and recommendations to City Council , City-Administrator , and Planning Commission will be deter- mined by consistency , thoroughness and timeliness with which staff reports are provided . Coordination of activities within department will be gauged by -the g evel of personel cooperation and effectiveness , efficiency and economy of operating the department . Capacity to work with builders and developers in City will be deter- ined by ability to represent and communicate City positions on F11-11 specific economic development proposals and gencral -planning issues such that they are understood by the parties involved. POSITION DESCRIPT10,N (f D Position Title Director Planning & Community Development Department Community Development Accountable To City Administrator Primary Objective of Position To plan, direct and provide leadership for planning, economic develop- ment and HRA activities in a manner that will assure the effective administration and delivery of service; ; and to propose , monitor and maintain sound community development plans and regulations which are current and consistent with Council policies , directives , codes and ordinances . Major Areas--of Accountability Directs and administers planning programs to encourage orderly commu- nity development in accordance with applicable comprehensive plans and ordinances by providing professionally sound advice and recom- mendations for Planning Commission, City Council and HRA considera- tion. -- Establishes administrative procedures which encourage the thorough, consistent and timely review of development proposals . -- Determines compatibility and consistency of development proposals with City dove] opment hor�7 s/p] ins . --- Recommends specific City positions on development proposals upon applicable ordinance provisions and professional judgement . Formulates and recommends plans for community development programs , and oversees economic development activities and implementation of comprehensive City plans in a manner that will assure their achieve- ment . -- Initiates and promotes public/private sector cooperation in securing economic development in the community. -- Reviews and evaluates new concepts , developments and approaches , and determines applicability to community development functions . -- Recommends revisions to city land use regulations , plans , policies and procedures to adequately respond to the current development environment , and to effectively meet needs and goals of the City. Provides positive leadership for all community development department programs and determines program priorities . -- Promotes and maintains cooperative work efforts among divisions Of department to assure the .effective department operation. Administers and coordinates approved HRA programs to assure compli- ance with contractural agreements , adopted budgets , regulations and policies . - Uirectur 'Tannin, & Community 1Jevelopr;ent Page Three U Supervision of Others 114 Direct supervision over Planner II,r\and Secretary . Qualifications Training or experience equivalent to Master ' s degree in public administration , planning or related fields . Should have at least five years experience in government administra- tion, with increasing responsibility . Must have a thorough knowledge of state , federal and municipal policies and codes affecting department operations . Aust have demonstrated ability to motivate , train , direct and super- vise others . Must be able to develop and maintain positive and effective working relationships with employees , elected and appointed officials , architects , contractors , developers and the general public . Must be a creative and innovative thinker . Must be able to communicate effectively orally , graphically and in writing. p7 GA"kL� n2 fvi �e�J �` l� Ile 1 - Je f J, ���� �� roti ��l/� -�i►���� GQ c� G 77k_ � n e� �U�r �1 CO / POSITION DESCRIPTION Position Title Planner 11 Department Community Development Accountable To Director of Planning and Community Development Primary Objective of Position To assist the Director in the development and implementation of Planning and Community Development programs and services by staffing the Planning Commission ; by conducting research and Comprehensive Plan studies ; and by performing related assigned tasks , to assure positive and effective enforcement of City plans , policies and ordinances . Major Areas of Accountability Coordinates all Planning Commission activities . -- Prepares Planning Commission ngendns , stnffs meetings and follows up an all Commission directives . -- Prepares case reports on all plats , conditional use permits , zoning changes , etc . coming before the Plannin„ Commission to insure conformance with City plans , policies and ordinances . Conducts research and analysis relative to current development pro- posals and to special projects based upon appropriate files , plans , policies and ordinances . -- De%lclop timely and complete reports aUd recommendations for assigned projects . Respond to public inquiries concerning City land use plans , policies , and ordinances and development review procedures in a positive and courteous manner : Maintains Comprehensive Plan , providing information about the plan, and advising the Director of necessary changes and recommended modifications . -- Assure plan elements and graphics are consistent with City and State requirements . -- Provide technical advice to City departments , to other agencies , and to the public . -- Coordinates the work of consultants employed to conduct studies and to provide special services , ensuring objectives of con- tractual agreements are made . Coordinates assigned programs involving other agencies and jurisdic- tions and administers related funding source requirements . -- Keeps Director advised of current status of program implementation. ' i,1 . ill t2 1 1 Page Two -- Assures program and funding requirements are met in a timely and accurate manner . Keeps Direc'Lor promptly informed of significant matters in areas of accountability . Performs other duties and responsibilities as apparent or assigned Examples of Performance Criteria Quality of case reports , advice and information will be gauged by the timeliness and thoroughness of research employed, the advis- ability or recommendations , and consistency relative to established programs and policies . Ability to communicate both orally and in writing will be gauged by feedback from citizens , developers , Planning Commission members , and employees of the City and other agencies . Coordination of planning activities will be gauged by feedback from citizens , developers , Planning Commission members , and employees of the City and other agencies . Ability to keep Director informed of significant matters in areas of accountability will be determined by the degree to which Director finds information to be timely and pertinent to the area of respon- sibility. Qualifications Training and experience equivalent to a four year college degress in planning , planning administration or closely related field and increasingly responsible planning experience at municipal government level . Should have at least two years of experience in the planning field. Ability to develop and maintain positive and effective working replationships with elected officials , commissions , architects , en-ineers , developers , employees and the general public . Ability to provide work direction where appropriate . Must have a thorough knowledge of overall City development plans , municipal and state laws and metropolitan development guidelines. Must be able to communicate effectively graphically, orally and in writing. MEMO To: Rod From: Barb Date: July 3, 1985 Re: Shakopee Litigation Cases Pursuant to your request, I have gone through the Shakopee files to try to determine what cases are currently being litigated. Below is a list of my findings: File No. 1-1373-176 Case Description - R. Hanover is suing the city for improper procedure in suspending and then not renewing Richard's Pub's liquor license. Last Action - A hearing is scheduled for Monday, 7/8/85. Answer to Amend Complaint due approximately 7/11/85 (don't know when it was served. ) File No: 1-1373-169 Case Description - Rahr's claim for exemption from taxation. Last Action - 5/20/85 Pretrial Order joining the city as the Respondent and preventing discovery on market value. File No: 1-1373-167 Case Description - _Luebke claim for water and sewer backup. The 7/9/84 Summons and Complaint was mailed to John Anderson (but unsure if it was ever served. ) On 7/11/84 a memo from the insurance company states that Rod will be handling the defense. No Answer is in the file. File No: 1-1373-149 Case Description - Lindstrand and Grayson's suit for faulty sewer system on 1/13 84. The mutual release was signed by the Shakopee officials and sent to Lindstrand's attorney. Original dismissal signed by Rod is in the file. File No: 4-1373-156 Case Description - Fosters conciliation court suit to get reimbursement for storage charges incurred with a stolen-recovery motorcycle. Shakopee police department named as Defendant since put cycle into storage. Last Action - Notice of 12/8/83 court trial. File No: 1-1373-147 Case Description - Bakkens suit to foreclose on the mechanic' s lien. Summons and Complaint in the file, as is a 11/8/82 letter to the Plaintiff's attorney stating that Shakopee will not provide an answer because they are only named in the suit because of the developers agreement. File No: 1-1373-124 Case Description - Assessment appeal by Shakopee Sand and Gravel Company. Last Action - On 1/15/81 a pretrial ''field and was supposed to be tried on 4/22/82 but stricken from the calendar. New Note of Issue was never issued. Last action in file was receipt of Answers to Interrogatories on 10/6/82. File No: 1-1373-127 Case Description - Lindst rand and Grayson's assessment appeal. Last Action - Last thing in file is the Findings, Conclusions and Orders for Judgment from the 8/11/83 trial. Looks like this case can be closed. File No: 1-1373-76 Case Description - Axel Newman's suit against the city for work done on the County Road 16 project. Last Action - 10/20/83 Findings, Conclusions and Order for Judgment from the 8/18/83 and 8/19/83 trial. Looks like this file can be closed. File No: 3-1373-132 Case Description - Weinandt request to make land bridge to island. Action is before the Department of Natural Resources. Last Action - 11/19/82 order by DNR Commissioner denying application. I have asked Barry if this file can be closed. File No: 5-1373-144 Case Description - Chard vs. Shakopee, et al. Last Action - From what I understand, Shakopee was dismissed out of this suit pursuant to the 8/28/84 order. File No: 5-1373-153 Case Description - Shakopee is suing Hardrives for inadequate pavement work. Last Action - Last activity seems to have been receipt of Answers to Interrogatories in 5/84 and a letter in 8/84 discussing waiting on this case until similar case in Dakota County tried. Note of Issue was not filed yet. File No: 5-1373-118 Case Description - Shakopee is the third party defendant in this suit initiated by Wangerin. Last Action - I understand from Pat that Shakopee will be trying to bring a Summary Judgment Motion to get dismissed out. I was unable to find files or information on the following: File No: 1-1373-116 Case Description - Welters suit File No: 1-1373-120A Case Description - K-Mart vs. SLak-apaa County Tax Suit File No: 1-1373-134 Case Description - Shakopee vs. Ladders Tower, et al Firetruck Suit �_ aaQ U�kCc� rJaPC� `�- ul�.P!� �oc�, J� �ts'rr� C7T �� CIL- To LT > 4 RLo �',� '���{�/✓1'17 L W ((D C O G 3 N 0 0 0 rr " cu y C rt (D r r > (D 0 I rt K, rt n l< (D rt �' K n r•S 0 0 ,% r Ui f~- J OD oD J O1 w *C7 w F 00 �-, �-- lD ►-� J J A� m ,tA W 00 r (n N O W ,G O J - Ln r 1-+ UI W r U) \D In Un %D r N W J .D6 V1 ►'K N W J N a> W W w J Ul f-, to N %D F-' m O Ln W J m r O rt ► Dy N W N N r M H LD O Un m CO OD r J .A W W (,] C7 InJ W OD ; 'O r N O W D1 rd [?h O - ro rn w ►•3 N N D O O O O N O O O C� H O Z N E �D O J %.O W Ul m %D 00 OD N b CzJ Ul Ul O 10 m m W Q\ w J Un lD (n 00 N In .A CD N 0 LI) to Ln N w O J oo Lr, N N \D O J OD oo rn J r tV 1D .1� N lD I-+ W N• CJ - �D In dl OD U-; O lD 00 ,A 00 w (D .0 01 OD •p J Ln OD N N lD U) In Oo r w 0) w O O O O O L J O (D N .A to +vk -brt -bc� -b4 404 - n Ln N OD Ln Ol J %D J W N ► 0 (D �I _ O N co N -1 m !-' U1 C #' F� W 1O w m Ln I- (D (D :3 O .G lD , f J J w �D w O oO rt i co In In O O O w m m In N (D L1. d ►v m y 3 b Z '71 �+ C7 Z O M b r I o W (D C O s✓ p, 'Z3 ISL (D 0 n O ( ►�• ~3 K n r, ff 0 C rr 'L7 tQ a O C r O n O O rt to K f.J 't rt ~3 0 0 ro C In Op +A n J N `D tD 1D 1.0 In w p� ►•-� ►-+ � J w C7 UI 10 N In 00 w N N J O 1-+ O In +R +4 w J N Cn W � N O D ►-� O M In 0) O In Lnf D Ln a, Ln to o v, .,l rt 0 W- w O1 J N O OLn U] rh OD J �+ N W 00 Q1 O O F-A In W O O U) (D hj C n N b +s 4A 4A 4A w +A ifs +4 N �• W .A W !-r w m N 1D m co O f— m In O F- O 00 m In N m N N Ul Ul O - LTi N N F� 1-' ON N w w O Q0. rt rr HH Ul ►( b O OD J J lO .A I-+ N I, r w W O O) N W Ol 00 J Ol 00 O Ln ,p rt I f... b C i N �7 H +,4 •ER. -bq 404 -fA bq -bq Q �D t- ►-j i+4 1-A . �-+ H+ +4 +R +R w J 1•-j 0 O w O O O %D co .p +A +4 J tD w m O N 00 %rd f-+ Ln a% In w O ON N N J .0 w 0) 1D %D N Ln 00 J m .p O 00 UI O 0) r r o. co J m J o rt 9) J O 6% J F-+ Ul }-+ I-' N �D ►- W In OO N O J W w In .G - ~ O In In .a O 00 00 ro (D +R +A 34 N (p w W m In J Z Z Z t S (n ro c en �O da 'CO J co N co O1 w .ice .G .p Ol UI Ul U) F+ a K b C rofD ia4 W W N w Ln J AZ Z. Z !� M. b b b error 0 J .� lD J (D 4` r J w N .ice J Ln .a. �D .A In Ul Ul Ul !r• K b � 1 - ro rr -bq (D . N - 401 +!4 414 iso IK +R +f! +4 N N N N N N W .G Ol Ol - Z Z Z h•'• Ul b b b roc 01 J Ol N w 00 O (D Ill Z'$' In N N Ql N N lD lD O a Io UJ j f7 - SNe l VAN POOL MONTHLY REPORT Van Pool Regular Rider Requests - - - - - - - - - - Number of Persons Placed in a Regular Van Pool - - 3 Number of Occassional Rider Inquiries - - - - - - - - General Inquiries/Comments - - - - - - _ _ _ -- Complaints - - - . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ACQ4D -x Operations Report Rental Revenue Net Income Number of Subsidy per Van Pool T Destination Expense Collected (Loss ) Pass.Trips Pass. Triv - 17S 11 /s 513 �Z 2.57 163 �5�� 1-15 4� X43 31; I 1?� Sy 3�0 33 2cg I /5 r�0 c I g L7 I a� I �6z I Z7 j �12 03 173 I��o� USM F/w I boy ' I �2 2 3Ga totals �Yi.3 I7 ` 170 Total Vehicle Total VanPocl Rental Total Rev. Net Income Number of Subsidy per Admin. Expense Expense Collected (Loss ) Pass. Trips Pass. Trip 373,67 2*3 4T g�! 1Q6S6� 17©Q Ips Ja Attachment Number One SCRAP TARGET AREA PARTICIPATION RATES 5 /11/85 6/8/85 7/13/85 8/10/85 9/14/85 10/12/85 Tara_et Area #1 130 Households PAPER . 45% 45% GLASS . . . . 310 32% ' ALUMINUM/STEEL BEVERAGE CANS 22% 14% °c Target Area #2. 168 Households PAPER . . . . 27% 33% GLASS . . . - 33% 18% ALUMINUM/STEEL BEVERAGE CANS 10% 17% ?� Target Area 03 200 Households PAPER 9% 14% GLASS 7% 10% ALUMINUM/STEEL BEVERAGE CANS 5% 6% Amount of Materials Collected in the City-Wide Recycling Program (in lbs ) PAPER . . 45 , 000 ^fi GLASS . . . 8 ,260 7 , 870dg ALUMINUM/STEEL S BEVERAGE CANS 3 ,203 1 ,573 t�JL� 4e i;�Lt %t7✓ SHAKOPEE COALITION July 11, 1985 Present: George Muenchow Shakopee Community Services Jim Streefland Lions Club Deloris Gorman Shakopee Community Services Pat Ploumen Joan Salter Food Shelf Jackie Kee Scott-Carver Economic Council Don Mertz Lions Club K.M.Lewis Shakopee Community Services Meeting was called to order by Chairman Streefland. Food Shelf report was given by Jackie Kes. During June, over 20,000 lbs of food was given to 143 families/491 individuals. Of those numbers, 95 families/315 individuals were from Scott County. Of the 95 families, 43 household heads were female, 33 were single -parent families. Average gross monthly income for a family of four was $656. Majority of referrals comes from Scott- County Human Services. The State through local food shelves is conducting a survey about the circumstances of Food Shelf clients. Jackie reminds the Coalition that she is available to speak to groups about the Food Shelf; tours are also available. Jackie extended SCEC appreciation to the Lions Club for assistance in unloading trucks at St Francis Regional Medical Center. (Last Saturday, over 30,000 lbs of commodity food-cheese, milk, honey, and butter was handled . Jim Streefland stated that the Lions Club has adopted commodity distribution as one of it's annual projects. Don Mertz, Lions Club representative, spoke about The Quest Program: Skills for Adolescence, a program for 6-8th graders, and developed by educators from the U.S. and Canada. Their material states: "Skills For Adolescence helps young people learn how to deal with the challenges of our complex society by offering positive growth experiences and teaching specific coping skills. The program places a special emphasis on preventing drug and alcohol abuse and related problems." The heart of the program is a course that can be offered in conjunction with classes in various other subjects. Earlier, a seminar about the program was attended by two Lions Club members, a school teacher, and a member of the Police Department. The course may be designed in a number of ways with the suggested method being an 18 week course, one hour a week with four parent sessions. Glencoe and Waconia are each starting a program this fall. The estimated cost for a two day workshop for two teachers, text books and workbooks, as well as parent materials for a year would cost about $1,500. That amount would be donated by the Lions Club for the program. Don is meeting with the Junior High Principal about the program. Because of the school splits in Shakopee, the program would be offered to Grades 7 & 8. Don has a volume of information describing the program - contact him for further information. The Lions Club is seeking community support, individual and group, of the project, such as talking to school board members, or the superintendent. The project, if supported by the school administration, would then be presented to the School Board. For more information, contact Don Mertz or Jim Streefland. The next meeting will be held Thursday, August 1, at the Citizens State Bank, 6:30 .coffee, 7:00 a.m. meeting. Organizational representatives are encouraged to attend the meeting. Meeting adjourned at 8:00 a.m. Respectfully submitted, Pat Ploumen 6th Annual Duck Open Proceeds to the Scott Carver Economic Council (The Foodshelf People) Lone Pine Country Club Saturday, August 3 at 12:00 p. m . Entry Fee $ 14. 00 (includes green fees) 1st, 2nd, 3rd Prizes & a Closest to the Pin . A collection box for food will be available Call Lone Pine to Register ! �. Sponsored by the SCEC For More Info Call 1 .612-447.2313 call 44S 3576 CITY HALL SITING COMMITTEE 'Tuesday, May 28 , 1985 6 : 30 p.m. City Hall Council Chambers Chairman Leroux called the meeting to order at 6 : 38 p.m. Committee members present were John Leroux, Gloria Vierling, Dave Czaja, and Dave Rockne. Committee member Dolores Lebens was absent. Also present were John Anderson, City Administrator and Bill Wermerskirchen, Jr. and Gary Laurent. M/S/P Czaja/Vierling to approve the minutes of April 9 and April 15 , 1985 as mailed. Chairman Leroux opened up discussion on the criteria rating of the remaining eight sites. He questioned if any site should be removed from the list before a public meeting was held by the Committee. Discussion focused on the site south of the Post Office. The Committee finally decided to take the list of all eight sites to the public meeting. The City Administrator discussed those topics that the Committee might cover at the public meeting: e.g. financing, site .selection process by the Committee, Committee process, needs analysis (possible use of a video of current City Hall space) , space requirements ( fact sheet) , history on how we obtained the buildings currently occupied by City Hall, selection of an architect to study final site selection and general discussion by the audience regarding the whole subject. The Committee then discussed mailing a survey using the monthly utility bills as the vehicle for distributing the survey. It was decided that: 1. The survey should state that there is a need - i.e. not ask if there needs to be a new City Hall built, but when and where one would be built. 2. The survey should cover items in the April 15 , 1985 minutes. 3 . The Chairman and City Administrator were appointed to draft a rough copy of the survey for review by the Committee members. 4. The survey was to include an invitation to the public meeting. 5 . The survey was to include a blank for other comments. 6 . The Committee discussed listing other questions in the survey such as, "do you agree that a new City Hall is needed or do you have any objections to using taxes to support a new City Hall?" The Committee decided that questions of this nature would not be included in the survey. 7. The Committee discussed whether or not we needed to reserve a meeting room for the meeting. It was decided to hold the meeting at City Hall. 8. The Committee decided that the site question would be listed by general categories. Gloria Vierling suggested that after the survey and general public meeting that civil groups should be invited to tour City Hall to review the needs for a new City Hall. A tentatively public meeting date was selected for June 25 , 1985 at 7: 30 p.m. if the survey could go out in the June utility mailing. Chairman Leroux opened up the meeting to questions from the audience. Bill Wermerskirchen asked if the Committee was serious about all of the remaining eight sites. He suggested that if the Committee selected site No. 3 it would further spread out the commercial area of Shakopee. Biil noted that with the Post Office construction public funds were used to remove blight and that the City did the same thing when it constructed the parking lots in 1967. He suggested that perhaps more weight should be given to the removal of blight in the Committee siting process. Bill also noted that the City Halls in White Bear Lake and Hopkins are located very close to the downtown central business district. He also noted that the Downtown Committee had been working for years to revitalize downtown Shakopee, and that they would like to see City Hall stay downtown with the City Council, Committee and staff behind a downtown location. Gary Laurent stated that he came to the meeting because of his concern that the City Hall might not be located downtown. He noted that the site that scored the highest in the rating was in a multi-family residential area, and questioned if that would truly be the best location for a City Hall. He supported Bill Wermerskirchen' s comments that the construction of a new City Hall would be an excellent opportunity to achieve downtown redevelop- ment and remove some blighted buildings. He said that Shakopee was extremely fortunate to have a downtown and that certain suburbs such as Plymouth were now in the process of trying to create a downtown. Gary questioned why certain buildings such as the Opera House were not given more consideration. The Committee said that it had looked at the Opera House and there were problems with size and parking not to mention the building structural problems. Chairman Leroux thanked the members of the audience for attending the meeting and participating. M/S/P Czaja/Vierling to adjourn at 7 : 22 p.m. John K. Anderson Recording Secretary MAY 2 2 1985 PROCEEDINGS OF THE SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION C7)' 0F SHAKQaC;= REGULAR SESSION SHAKOPEE, MINNESOTA MAY X10, T985 Chairman Anderson called the meeting to order at 7:30 p.m. with Commissioners Davis and Harrison present. Barry Stock, Administrative Intern, was also present. Commissioners Abeln and Moonen were absent. Davis/Harrison moved to approve the minutes of the April 22, 1985, meeting as kept. Motion carried unanimously. CHARACTER GENERATOR - ZYLSTRA-UNITED RESPONSE Mr. Stock recalled that on April 9, 1985, the Shakopee City Council accepted the Commission's recommendation to rescind Cable Variance No. 3 in its entirety and approve Cable Variance No. 4. Approval of the proposed variance was conditioned upon receipt of a letter from the ZU Systems Manager stating they are in full agreement with the assumptions set forth by the City of Shakopee and conditioned upon the receipt of an acceptable list of equipment. Mr. John Suranyi, ZU Systems Manager, responded in his letter of March 29, 1985, agreeing in part to the City's assumptions in regard to the character generator issue. However, there were several discrepancies between the City's assumptions and the assumptions as stated by ZU. Mr. Stock explained the first discrepancy is that the City assumed that four 300 baud originate modums and four twelve inch color monitor/receivers were necessary. Mr. Suranyi pointed out in his letter that since the City is only requesting three remote keyboards, there is only a need for three 300 baud originate modums and three color TV monitors. The second discrepancy is that ZU proposes a 90 day notice from the City for additional equipment that may be requested in the future as opposed to the 60 day notice proposed by the City. Finally, Mr. Suranyi added one further assumption in his letter: that ZU will have financially fulfilled their obligation as required by the Franchise Ordinance. On May 1 , 1985, Mr. Suranyi provided staff with a list of equipment and cost quotations for the equipment addressed in ZU's assumptions. The total cost of the character generator equipment for both System 1 and System 2 is $18,535. In the original Cable Franchise Ordinance a cost figure of $17,700 was given as the total cost of the community character generators. Mr. Stock stated that ZU has already purchased the equipment for System 1 . If ZU proceeds to purchase the equipment as described for System 2, the Company will have fulfilled its responsibility as addressed in the Cable Franchise Ordinance as understood by the City. However, staff suggested that Assumption 12 which read, "Given all the assumptions listed above, Zylstra-United will have financially fulfilled their obligation as required by the Franchise Ordinance." in Mr. Suranyi's letter be changed to read, "When the equipment in regard to the character generator as listed in assumptions 1 through 11 above is received, installed, operational, and accepted by the City of Shakopee, Zylstra-United will have financially fulfilled their character generator obligation as required by the Franchise Ordinance." Shakopee Cable Commission May 20, 1985 Page 3 13 at the public access studio, the specifics of the two way broadcast system on the cable institutional network, et cetera. Chairman Anderson noted that the next meeting will be held on June 24, 1985, at 7:30 p.m. Harrison/Davis moved to adjourn the meeting at 8:36 p.m. Motion carried unanimously. Barry Stock Judy Hughes Administrative Intern Recording Secretary PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, MINNESOTA July 17, 1985 Chm. Laurent called the meeting to order at 7:40 A.M. with the following voting members present: Terry Forbord, Gary Laurent, Don Martin, Joe Topic, Jerry Wampach, Bill Wermerskirchen and Pete Sames. Absent: Steve Clay, Mike Sortum, Dan Steil, Jim Stillman, Dick Stoks and Tim Keane. Also present: Jeanne Andre, Community Development Director, Lee Stoltzman, Liaison to Planning Commission, Tim Erkkila, Dennis Marhula and Barb Cross of Westwood Engineering, Howard Voigt, Valley News and Will Schroers. Terry Forbord/Jerry Wampach moved to approve the agenda as presented. Motion carried. Jerry Wampach/Bill Wermerskirchen moved to approve the minutes of the July 3, 1985 meeting as kept. Motion carried. Jerry Wampach/Joe Topic moved to approve the minutes of the July 10th meeting.as kept. Motion carried. Barb Cross presented a chart with pictures of optional facilities for the parking lot and streetscape along with samples and colors of aggregate. Tim Erkkila showed the Committee two streetscape design prototypes for Second Avenue between Lewis and Holmes. Design A focused on a curved linear effect with tree plantings every 30 feet, a green strip along the railroad tracks, limited parallel parking on the North side of 2nd Street with sidewalks abutting the curb in the parking lot which could hold 84 cars. It aligned this segment with the existing Second Avenue West of Holmes. Design B focused on the module approach at the intersections - with a green space next to the parking lot which could accomodate 98 parking spaces, eliminates parking on Second Avenue and would have more special amenities at the corners. Trees would be spaced 25 feet apart. This plan realigns Second Avenue West of Holmes with the existing alignment to the East. Other suggestions were to use greenery in the middle of the parking lot and some expressed a desire for concrete with seating fixtures instead of grass along the sidewalk for low maintenance. Tim Erkkila feels the grass is a desireable element and a softer look would be attained. If water is available there should be no problem with ongoing maintenance of grass and grass would have a lower capital expediture than paving. The Community Development Director noted that Mr. Erkkila suggested we not look at the cost of these improvements initially but go with what we want optimally. If the total proposal is too expensive with the elements selected the Committee can take another look at the choices and either go to lower frequency of trees and fixtures or less costly fixtures. Mr. Erkkila indicated he needs agreement on two things at this time to proceed with the design process. A plan for road routing and parking lot concept. Jerry Wampach/Terry Forbord moved to go with a straight street along the Railroad tracks as indicated in Design B. Yes: Terry Forboard, Don Martin, Joe Topic, Jerry Wampach and Pete Sames. Noes: Bill Wermerskirchen and Gary Laurent. Motion carried. The Engineer the street in not recommend railroad. will design in something that will allow crossing the middle of the block at ones own risk, but this type of movement due to opposition from the Bill Wermerskirchen/Don Martin moved to go with 84 parking spaces and add more green space. Motion carried. The Engineer will do some additional work on the access alignment of the parking lot entrances. Don Martin/Jerry Wampach moved to eliminate parking on the north side of Second Avenue. Yes: Terry Forbord, Gary Laurent, Don Martin, Joe Topic, Jerry Wampach and Bill Wermerskirchen. Noes: Pete Sames. Committee members are to think about fixture selections for the next meeting with the Engineers on July 31st. A meeting will be held July 24th at 7:30 A.M. to continue work on the streetscape assessment policies. Don Martin/Joe Topic moved to adjourn at 9:20 A.M. Darleen Schesso Recording Secretary D r '� I m m � o s • �r r ' rT 2 zs m ym -- r---- - -----� 1 1 I 1 j I � I t I 1 L---- - ---� I a � - CN, 0 0 t 9 N m � > W f s m ` z D z f o f ct, m K O K I mTEN y ni y Z C�\.�\+• O 1 .n + p - I - n •• o nim p CV C m; ZZ; N MZ 9 O Y 9 2 A2 ZD mD 9 NO Nm ix � i2 x A D <O 1 Z i O m y N = O O 9 - N � D 2 O i S M aLLU • m _ N I m z N Z 9 ti f n O O r.tr-7777) zs z I I ; na _a m v I I I I I I I I F G PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, MINNESOTA JULY 24., _1985 Chm. Laurent called the meeting to order at 7: 30 a.m. with the follow- ing voting members present: Terry Forbord, Gary Laurent, Dan Steil, Jim Stillman, Joe Topic, and Jerry Wampach. Don Martin arrived late. Absent: Steve Clay, Mike Sortum, Dick Stoks , Bill WErmerskirchen, Jr. , Pete Sames and Tim Keane. Also present: Jeanne Andre, Community Development Director and John Anderson, City Administrator. Item #4a (City Hall Site Survey) was added to the agenda. The City Administrator and the City Engineer met with MN/DOT officials a week ago and they learned that MN/DOT'sfinancial arm is scheduling a bid letting date for the fiscal year 1989-1990 for the bridge/ intersection improvements. They are in the process of identifying tasks and deciding who is going to do what and putting it in contract form. The next step is to work out a joint agreement with MN/DOT paying for bridge and drop downs and city paying for realignment of T.H. lel. It is also rumored that a portion of the T.H. 101 by pass is going into pians for 1992-I99Z. Don Martin arrived at 7 : 45 a.m. The possibility of acquiring the Huber nouse at the corner of Holmes and 2nd Avenue was discussed. If the City were to purchase it they would like to have a use and project in mind for this property. The Community Development Director will look into possinle projects. Jim Stillman wondered if it might be feasible to utilize the Huber house for a Chamber of Commerce and public restrooms. Unless it ' s going to be for public use we need a private enterprise to partici- pate in a public-private partnership. This also may be an opportune time to straighten out 2nd Avenue at that point. . Terry Forbord reported on the City Hall Site Survey Committee meeting held July 23 . The Site Committee is basing its decision on the recent survey sent out with the utility billing. Out of 615 surveys returned 286 expressed a preference for the East side near police and utility buildings . As an alternate site the Site Committee favored the Gene Hauer property in the vicinity of Gorman Street. Jim Stillman left at 8 : 20 a.m. Dan Steil and Jeanne Andre left at 8 : 30 a.m. Jerry Wampach wondered if the City Hall Site issue should be placed on the ballot this fall. The members present still felt the new City Hall should be located downtown because of downtown revitalization, Page 2 Downtown Minutes the psychological backlash of relocating City Hall at this time and because they believe it would be more economical. The committee agreed that they would identify a vacant space or building that could be acquired or rehabilitated, come up with a rough figure for a City Hall and convince City Council to include it in their site evaluation and engineering plans . The meeting adjourned at 9 a.m. Darleen B. Schesso Recording Secretary 15 INFORMATIONAL MEETING OF THE INDUSTRIAL COMMERCIAL COMMISSION SHAKOPEE, MINNESOTA JULY 109 1985 MEMBERS PRESENT: John Anderson Anthony Berens Jane DuBois John Manahan Paul Wermerskirchen, Chairman GUESTS PRESENT: Gary Laurent Don Levens, Scott County HRA Director MEMBERS ABSENT: Al Furrie Tim Keane Mr. Don Levens, Executive Director of the Scott County Housing and Redevelopment Authority (HRA) was present to discuss a Shakopee Economic Development Program, needs and solutions. He indicated that the Scott County HRA is interested in assisting with professional development services possibly to include the following: A. Initiate an ongoing "Business Retention" program. 1 . Personal contact with owners/determine business needs 2. Assist with development of potential expansion plans B. Initiate an aggressive "Marketing Campaign" to recruit new business within the City of Shakopee. 1 . Upon referral, meet with client to determine corporate background, development needs (site, building specifications, number of employees, increase in taxes, construction proposed timetable) 2. Review financial alternatives 3. Develop and package documents for financing through SBA, State MDEED, and lending institutions C. Analyze and assist with restructuring of the existing Comprehensive State Block Grant application for the City's Downtown Redevelopment Program for submission in February, 1986. Mr. Levens indicated the Scott County HRA requires a minimum fee of $20.00 per hour as direct personnel expense which does not include clerical, printing/copying, telephone, mileage, or other expenses of an overhead nature for performance of- services. He explained that the HRA has contracted with Savage, Prior Lake, and other cities within Scott County to assist them with various projects. They have not, however, worked with the City of Shakopee before, other than with housing rehabilitation which is ongoing work. This is because the City of Shakopee has had city staff to do much of its own work. Industrial Commercial Commission July 10, 1985 Page 2 Mr. Levens noted that in an effort to provide additional outreach services, the HRA has scheduled a seminar on July 17th at the Prior Manor from 7 to 9 p.m. It will include speakers such as Jim Holmes and other state representatives to speak on topics such as multi-development bonding, new concepts, and other information that might be helpful to commissions and boards. John Anderson and Jeanne Andre may be attending on behalf of the City of Shakopee. Mr. Levens said he could also foresee the HRA doing all the bonding work for the County. (e.g. If Shakopee had one and Savage had one, the HRA could combine them and do all the work together to save fees and get the projects done faster and easier. ) Mr. Manahan asked how much staff is available to offer its assistance. Mr. Levens replied that right now his staff could handle about five hours per week and possibly ten to fifteen hours per week in 1.86. He noted there are currently seven people on his staff including a community development specialist, a housing rehabilitation specialist, a fiscal manager, and a person with a strong Chamber of Commerce background. Mr. Laurent asked if the HRA could experience a conflict of interest by representing several cities within the county. Mr. Levens did not believe that would be a problem. He said they would first find out if a business wanted to stay in the community. Then find the area they are interested in. If a business was interested in moving to another city, they would be given information on the region and telephone numbers of the people to contact in the various communities. He said above all they would strive to keep the business within the county. The Commission, asked Mr. Levens if he felt that hiring an economic development director for the City of Shakopee was plausible. Mr. Levens indicated that was certainly a viable alternative and pointed out that Prior Lake just hired one. He noted the problem is finding the funding to salary the position. Mr. Levens pointed out how valuable the HRA could be is assisting with the Block Grant program by noting that Carver County received two block grants done by their HRA staff of two people. One grant was for 1 .4 million dollars for the City of Carver, and the other grant was for one million dollars for county-wide development. Discussion followed on the various projects the commissioners felt need to be done, including inventorying available land, retail promotion, filling in the holes in the retail sector, better usage of property, nonconforming uses, assisting people through the maze of governmental regulations, and assistance with the Development Corporation. In response to a question by Jane DuBois asking what projects the HRA had done this year, Mr. Levens explained that the HRA has been in existence since 1975, and projects this year included public housing, housing rehabilitation, HUD Section 8 rental assistance to 151 families, downtown redevelopment in Savage, Prior Lake support service, New Prague redevelopment, plus they just got money for Murphy's landing. Industrial Commercial Commission July 10, 1985 Page 3 / r ' Discussion followed on the procedure to utilize the Scott County HRA's services. John Anderson agreed that he and Jeanne Andre would compose a memorandum of the alternatives available to the commission, costs of each, et cetera so the commissioners could make a decision at the next meeting to get their request into the budget cycle. Mr. Wermerskirchen said he would be in contact with Tim Keane about Industrial Commercial Day, Pat Baudette about the Star City Program's progress, and Barry Stock to monitor progress on cataloging available land and putting it on the computer. The meeting broke up about 7 p.m. The next meeting will be held on Wednesday, August 14, 1985. Respectfully submitted, Judy Hughes Recording Secretary i krGti�4�F�s: PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA JULY 11, 1985 Chrm. Czaja called the meeting to order at 7:30 p.m. with Comm. Pomerenke, Schmitt, VanMaldeghem, Stotlzman and Lane present. Comm. Rockne arrived later. Also present were Judi Simac, City Planner; Jeanne Andre, Community Development Director; John K. Anderson, City Admr. and Cncl. Lebens. Lane/VanMaldeghem moved to approve the July 11, 1985 agenda. Motion carried unanimously. Pomerenke/Lane moved to approve the minutes of June 6, 1985 as kept. Motion carried unanimously. PUBLIC HEARING - SCHERER VARIANCE VanMaldeghem moved to open the public hearing regarding the request by Ron Scherer for a variance from the front yard setback requirements to erect a 4 foot fence in the front yard setback at 1037 Bluff Avenue. Motion carried unanimously. The City Planner went over the background of the request. The staff recom- mendation is for denial because there are no exceptional circumstances and no demonstrated hardship. Mrs. Scherer spoke on behalf of the applicant, and said the reason for the request is to contain a black lab pup they will be getting, to allow their current schnauzer to run off its leash and to have a space for baby- sitting some of her relatives' children. She doesn't feel the property is safe for small children without a fence. She added the fence will not obstruct anyone's view and there will never be a road alongside their house. She doesn't think a 3 foot fence will contain a black lab. She said the request is to contain her yard as it is now, not to add the space of the vacated street, which is not yet legally dedicated to them. Mrs. Scherer said there is no back yard, just a deck with the river bot- toms below. There is no blacktop on the west side, just dirt. They want to put a garage on that side sometime soon, so she would not like to have the fence limited to that side. She wants more than a dog run, because of the children she hopes to babysit. There is an open pond .in the back that would be dangerous for children. Comm. VanMaldeghem said she could believe a hardship exits because of the location of the river. Mrs. Scherer said the road in front of them is gravel and kids go around the corner on two wheels, so the fence would be a protection. Comm. Rockne arrived and took his seat at 7:55 p.m. Shakopee BOAA July 11, 1985 Page 2 Schmitt/VanMaldeghem moved to close the public hearing. Motion carried unanimously. Mrs. Scherer left the room. Schmitt/VanMaldeghem offered Variance Resolution No. 415 to allow the erec- tion of a 4 foot fence within the front yard setback, and moved its adop- tion subject to the condition that it be non opaque and the application be amended to show the fence coming back from Bluff Street to the house on the easterly side of the property. Motion carried with Comm. Lane and Pomerenke opposed and Comm. Rockne abstaining. PUBLIC HEARING CASMAN VARIANCE Schmitt/VanMaldeghem moved to open the public hearing regarding the request by Claude Casman for a 6 foot variance from the west lot line to create a legal conforming lot, allowing it to be developed by removing an existing garage which crosses the lot line. Motion carried unanimously. The City Planner went over the background of the request and stated the staff recommendation is for approval. She said in the past in this area of town people have developed right up to their lot lines or with a 5 foot setback, so special conditions would not result from the actions of the applicant and the variance requested is the minimum which would alleviate the hardship. She added the deck is not in compliance, but was constructed quite a while back and signed off by someone on the building permit. The City Planner clarified that if measurements were taken from the street surface there will be the additional width necessary to put a house on the lot. With that interpretation this will be a 60 foot lot. Chrm. Czaja asked if there were any comments from the audience, and there was no reply. VanMaldegehem/Stoltzman moved to close the public hearing. Motion carried unanimously. Schmitt/Stotlzman offered Variance Resolution No. 416, for a 6 foot variance to create a buildable lot, and moved its adoption with the condition that - it will not cause any variance application to be further required on Lots 9 and 10, Block 43. Motion carried unanimously. PUBLIC HEARING - PLOOF VARIANCE VanMaldeghem/Lane moved to open the public hearing regarding the request by John Ploof for a 32 foot side yard variance and a 2 foot rear yard variance to construct a two-car garage at 319 East Shakopee Avenue. Motion carried unanimously. The City Planner went over the background of this request and recommended denial because there is no hardship, the granting of the variance would confer special privilege and be detrimental to the purpose of the zoning code. S.iaxopee FiOAA July 11, 1985 Page 3 Comm. Lane and Rockne commented about other garages in the neighborhood that are closer to the street than allowed. The City Planner responded that she doesn't believe because something was done illegally in the past that is a reason to continue it. She mentioned the problems with plowing snow and storage of snow in the alley. Mr. Ploof said that if he had to build the garage as proposed by staff in the alternative,it would put the building closer to the Wermerskirchen property, and would destroy the tree between the two properties. He has a letter from Mr. Wermerskirchen objecting to that alternative location. That location would also cut off any breeze to his property. He added that he staked out the boundaries proposed and he couldn't make the turn, which would be a real problem in the winter. Mr. Ploof read a letter dated July 11, 1985 from Dan Wermerskirchen which gave support to the variance request and opposed the suggested alternative by City Planner. Mr. Ploof also read a letter from Gene Foudray, 311 East Shakopee, who urged the granting of the variance to Mr. Ploof. This letter is also signed by Julie and Al Erickson and Glen Erickson. Schmitt/Pomerenke moved to enter into the record and attach hereto the letters in support of Mr. Ploof's variance request. Motion carried unani- mously. The City Admr. suggested a third alternative which would be to go with the sideyard variance, but not the rear yard variance, which would give him 3z feet more to swing in and preserve the stacking for snow in the alley. Mr. Ploof said he has lived on this property for 19 years, and until this year he has had a picket fence on the alley line, as did Mr. Wermerskirchen. The snow could only be removed up to the fence line. In those 19 years there was never a problem with snow removal. This year the fence is removed, and his garage is proposed to be 3 feet back from the alley so there is actually 3 feet more for snow storage. Brief discussion continued regarding distances. Chrm. Czaja asked if there were any comments from the audience, and there were none. Comm. Schmitt commented he could understand the sideyard variance as -long as the neighbor agrees, but he would like to stay off the alley to allow for snow removal. He said the trend is for multi-car garages. Comm. Rockne said where he lives there is a 16 foot alley which has a garage on one side and a fence on the other. To this time the alley has never been plowed more than one plow width and he has never seen a snow storage problem. Comm. Lane commented on the other garages closer to the alley in the area, and thinks that to deny this request would be to cheat the applicant of something enjoyed by the rest of the property owners on that block. Shakopee BOAA July 11, 1985 Page 4 Pomerenke/Stoltzman moved to close the public hearing. Motion carried unanimously. Pomerenke/Stoltzman offered Variance Resolution No. 417 to allow a 32 foot sideyard and a 2 foot rearyard variance to construct a two-car garage, based on the evidence presented and supporting letters from neighbors, and consistent with the applicant's testimony that the proposed garage would be located in line with existing garages immediately to the west. Motion carried with Comm. Schmitt and Czaja opposed. Chrm. Czaja informed the applicant of the 7 day appeal period. The City Planner added that a building permit would not be issued until after that 7 day period. PUBLIC HEARING - BRAMBILLA DECISION APPEAL VanMaldeghem/Schmitt moved to open the public hearing regarding the appeal by Jack Brambilla of the City Planner's decision that appellant may not construct a second floor apartment addition to the existing legal non- conforming used car sales lot. Motion carried unanimously. The City Planner went over the background of the decision. Comm. Schmitt asked about the other auto repair facilities operating in the B-3 district. The City Planner said she would have to research the basis of their operations. Comm. Schmitt asked if a separate landowner owned the building and made this application, would the decision be the same. He asked if the non- conforming use can be separated from the building expansion. The City Planner replied that an apartment on the second floor is only allowed when there is a permitted use on the first floor. Craig Mertz, attorney for Jack and Doris Brambilla, said the applicants own this property as individuals and also own Brambilla, Inc. as tenants in the motor home business, car repair and auto sales lot. The- application is to allow a second floor addition on the property to be the home and office for Brambilla Properties, which is a separate commercial business for retail properties. He is not aware of a requirement that a permitted use has to be in the first floor. He noted that dwellings are a permitted use -when combined with another permitted use. They propose to combine the retail and property management business with the proposed apartments. He thinks the focus should be on what they propose for the apartments, not the car business. He pointed out that even in the case of a non-conforming use, a property owner is authorized to substitute one non-conforming use for another non-conforming use. The City Planner responded that a non-conforming use may be changed to another non-conforming use of the same or decreasing intensity. But to put three dwellings in would be an increase or expansion of the use. She asserted that the whole basis of her decision is that auto sales, service and repair is not a permitted use. This is a physical addition to a non- conforming use, just like the Pass house ruled on earlier. 5r,a&Opee r u July 11, 1985 ' Page 5 Comm. VanMaldeghem reminded Commissioners of their past decision not to allow an apartment house to expand an apartment, much less the building, and she thinks they should be consistent. Mr. Mertz pointed out they are not proposing to expand the non-conforming use, but to put in a separate office and retail business. The Community Develop. Dir, added the reason for the ordinance not allow- ing expansion of non-conforming uses is that ultimately the City would like the use to be converted to a conforming one, to which it would be suitable to add additional uses. The City Admr. suggested the issue could be referred to the City Attorney for an opinion regarding the ignoring of the existing use. The City Planner said an addition to a non-conforming use isn't the question. A dwelling unit is only allowed in this zoning district when combined with a permitted use. Mr. Mertz intimated that if this property management business is a success, the non-conforming business may be retired from the zoning district. Schmitt/Pomerenke moved to continue the public hearing to August 8, 1985 to allow staff to investigate and seek a legal opinion on the issue. Chrm. Czaja asked if there were any comments from the audience, and there were none. Motion carried unanimously. SCHERER PUBLIC HEARING RE-OPENING Mrs. Scherer said they already have the wood purchased and cut for the pro- posed fence. She said there are spaces between the wood and it definitely can be seen through. Schmitt/VanMaldeghem moved to direct staff to review the proposed fence to determine if it meets the criteria for not being opaque. If the applicant has a problem with the decision, it can be either brought back to this Board or appealed to City Council. Motion carried unanimously. Schmitt/Stoltzman moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:50 p.m._ Judi Simac City Planner Diane S. Beuch Recording Secretary July 11 , 1985 Planning Commission City of Shakopee Dear Members , I would like to give my support to the variance requested by Mr. John Ploof. I fully understand the variance requested is asking that his garage would be built 121 feet from my property line and 3 feet from the alley. . I do not have any objection to this . I have seen the city planners suggestion that he build his garage 5 feet from my property line and 20 feet from the alley and I wish to go on record as being totally opposed to that suggestion. I feel that it would cause the destruction of the large tree we share as property owners and would tend to close in my back yard . spectful , 9 Mr. Dan Wermerskirchen 327 E. Shakoree Avern�a July 9 , 1985 Planning Commission City of Shakopee I have seen the variance requested by Mr. John Ploof for the purpose of constructing a garage. The variance being 32 feet to the east and 2 feet north and can see no problem with it. I urge the granting of the variance to him. �L i . , j�- / 7 PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA JULY 11, 1985 Chrm. Czaja called the meeting to order at 8:50 p.m. with Comm. Stoltzman, VanMaldeghem, Schmitt, Rockne, Pomerenke and Lane present. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. ; Jeanne Andre, Community Development Director; Rod Krass, Ass't City Attorney and Cncl. Lebens. Chnn. Czaja noted the continuance of agenda item nos. 8, 11, 12, 13, 14, 15, 16 and 17a to July 18, 1985 because of the length of the agenda. He explained the public hearings will be opened and public comment will be taken, if any, and then they will be continued. Schmitt/VanMaldeghem moved to approve the agenda of July 11, 1985 as amended. Motion carried unanimously. Comm. VanMaldeghem questioned the minutes of June 6, 1985 and requested further information regarding several items. VanMaldeghem/Schmitt moved to approve the minutes of June 6, 1985 with amendments as follows: p. 3, second to last paragraph: Add identification of Mr. Vanney as an architect with Heise, Vanney & Assoc. , 119 North Fourth St. ; p. 5, tenth paragraph, second sentence changed to read "Comm. VanMaldeghem commented against spot zoning and questioned what constituted significant change which has to be presented to Met Council."; p. 11, first sentence: add "for Donald and Lorrie Kreuser for Home Occupation for a siding installation business"; p. 11, second sentence: add "for Gordon Hall for Home Occupation for a mobile home business". Motion carried unanimously. Planning Commission requested a 5 year archive on the tapes of this meeting. Pomerenke/Lane moved to approve the minutes of June 20, 1985 as kept. VanMaldeghem/Schmitt moved to amend the minutes to add identification of Mr. Bruce Olson as an engineer on page 7, second to last paragraph. Motion to amend carried unanimously. Main motion as amended carried unanimously. Planning Commission requested a five year archive for the tapes of this meeting. PUBLIC HEARING (CONT. ) - RIES CONDITIONAL USE PERMIT VanMaldeghem/Stoltzman moved to open the public hearing regarding the con- tinuation of the request by John Ries, Jr. for a conditional use permit to construct a dwelling unit on the second floor of a permitted business use upon property located at 220 South Atwood. Motion carried unanimously. Shakopee Planning Commission July 11, 1985 Page 2 The City Planner went over the background on this request. She said the applicant wants to use the area on the south side for a parking area, but another curb cut is not allowed so close to the existing curb cut on the east side, as there has to be 20 feet between curb cuts. The only other park- ing area available is on the side where three garage doors are located, which would cause too much congestion. Therefore, the staff recommenda- tion is to deny because of lack of sufficient parking area. Discussion continued on the parking requirements and other alternatives. Chrm. Czaja asked if there were any other comments from the audience and there were none. Schmitt/Lane moved to close the public hearing. Motion carried unanimously. Schmitt/VanMaldeghem moved to deny Conditional Use Permit Resolution No. 411 based on the inability of the request to satisfy the parking require- ments. Motion carried unanimously. Chrm. Czaja informed the applicant of the 7 day appeal period. PUBLIC HEARING (CONT.) - NOTERMANN'S SECOND ADDITION PRELIMINARY PLAT Schmitt/Rockne moved to continue the public hearing regarding the prelimi- nary plat of Notermann's Second Addition. Motion carried unanimously. The City Planner went over the background of this plat. Staff recommenda- tion is for approval with 7 conditions, which she went over. Bill Engelhardt, consulting engineer of Chaska, questioned the provision for sidewalk construction which he didn't think would really be used, as there is no sidewalk on either side of the development. He also stated that the fill placed in Fourth Street has been in place for 17 years and is good, granular fill. He said the sanitary sewer and water that is in place there is functioning well. They have no objection to looking at the fill and correcting it if necessary, but he doubts any soil correction is needed and there shouldn't be any primary settlement which would increase the cost. He showed some pictures of other 4-plexes in the area and throughout the City, none of which have sidewalk in front -of them. Chrm. Czaja asked for comments from the audience, and there were none. VanMaideghem/Pomerenke moved to close the public hearing. Motion carried unanimously. Pomerenke/Rockne moved to recommend to City Council approval of the Pre- liminary Plat of Notermann's Second Addition, subject to the following conditions: 1. The approval of a 25 foot lot width variance for each of the four lots. 2. The applicant shall submit a plan which shows how each lot can be developed without further variance. 3. Approval of a Title Opinion by the City Attorney. 4. Park dedication fees to be paid at the time of building permit application, in lieu of land dedication. 5. Dedication of ten foot drainage and utility easements. 6. Execution of a Developer's Agreement to provide for the con- struction of the required improvements: Shakopee Planning Commission July 11, 1985 Page 3 a. Construction of Fourth Avenue shall be in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. b. The developer shall agree to be responsible for the increased cost for subgrade correction of Fourth Avenue. c. The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the develper waives his right to appeal the apportionment. d. Approval of the overlot drainage plan by the City Engineer. e. Water system to be installed in accordance with the require- ments of the SPUC utilities manager. f. Sanitary sewer services to be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. 7. The City Engineer must receive and approve final plans and speci- fications for all public facilities including, not not limited to roads, sanitary sewer system, storm sewer, drainage grading, etc. Comm. Schmitt commented that a sidewalk across this property would serve the adjacent park area and this is a regular policy of the City to require sidewalk development in cases like this. He pointed out that the pictures shown were of properties that did not adjoin park areas, except for -one which should be rectified. Comm. Schmitt also suggested soil borings to determine if soil corrections are needed, to be determined by the City En- gineer. Mr. Notermann said all the fill is granular and was approved by the City Engineer at the time it was placed there. Schmitt/Pomerenke moved to amend the motion to include the requirement of a five foot sidewalk to be constructed along the south side of Fourth Avenue in accordance with the Design Criteria and Standard Specifications of the City of Shakopee,, and also to require soil borings on Fourth Ave. to determine soil corrections, if any. Mr. Engelhardt again questioned the requirement of a sidewalk until Adams Street is upgraded, to be sure it fits in with any development plans to the east of the property. He suggested it could be installed at that time. Comm. Schmitt countered that it is more difficult to get the sidewalk con- structed at a later date when the developer may no longer be the owner of this property. Mr. Notermann asserted that when he developed this land he gave that park property to the City, and that should be considered as park dedication in lieu of the fee. The City Planner said in researching that they found the park dedication was made on the Husman addition. Staff can check it further and if satisfied it could be removed before Final Plat. Motion to amend carried with Comm. Pomerenke and Rockne opposed. Main motion as amended carried with Comm. Rockne opposed. SnaKopee Panning Commission July 11, 1985 Page 4 Stoltzman/VanMaldeghem moved for a five minute recess at 9:28 p.m. Motion carried unanimously. VanMaldeghem/Stoltzman moved to re-convene at 9: 38 p.m. Motion carried unanimously. PUBLIC HEARING (CONT.) - BARON DEVELOPMENT CORP./CECIL BEHRINGER REZONING Rockne/VanMaldeghem moved to continue the public hearing regarding the request by Baron Development Corp. and Cecil Behringer to consider rezoning a 10 acre parcel from I-2 to B-2, 700 CR83. Motion carried unanimously. The City Planner listed the additional information gathered in response to questions from the earlier public hearing. Schmitt/Stoltzman moved to deal with the information in the order it is addressed in the staff memo dated July 5, 1985. Motion carried unanimously. The City Admr. went over the policy questions involving sanitary sewer allocation under the Comp Plan. He explained the various alternatives and recommended continuing as in the past with the .City monitoring the plan and controlling the flowage, rather than controlling any particular devel- opment. He pointed out that this is different than in the west side sewer development, where allocation is based on pipe capacity after the land owner paid assessments based on pipe capacity. There are presently no assess- ments for sanitary sewer in this proposed development area. Comm. Lane commented it would seem to make sense to combine the recommendation with requirements to use water conservation methods. Chrm. Czaja asked for comments from the audience. Bruce Malkerson, attorney for Scottland, said he believes this policy decision in and of itself requires a public hearing, as it will have impact on the industrial, commercial and residential areas throughout the City. The Comm. Develop. Dir. suggested the Planning Commission could recommend the City Council hold a public hearing on this issue when it makes its recom- mendation on this request. Bill Engelhardt, consulting engineer of Chaska, said the numbers he used to compute the flow for this development were based on design criteria of the MWCC and Shakopee's history for determining SAC units, which is 107 gallons per day per person but with the water saving devices it is actually more like 60 gallons per day per person. The history is that the actual flow is much lower than the design flow and therefore there will probably be 1000 gallons or less per acre per day once the system is built. Comm. Schmitt said he wanted on the record those items Planning Commission will have to consider in the next 3-12 months as substantial changes in development are occuring in this area, and his intent is not to deal with a policy decision at this time. Receipt was noted of the map of property owners between Hwy. 101 and CR16. Shakopee Planning Commission July 11, 1985 Page 5 The Ass't City Attorney went over his memo dated June 24, 1985 in which he responded to five questions regarding zoning. He said spot zoning is easily definable, but more difficult to apply to a specific parcel. He said the smaller the parcel, the closer the scrutiny and greater the pos- sibility that it will be determined to be spot zoning, although size alone is not a determinate. The Minnesota Supreme Court defined spot zoning in the case of State, by. Rochester Association, Etc. v. the City of Rochester, 268 N.W.2d 885 (Minn. 1978): Spot zoning is a label applied to certain zoning amendments invalidated as legislative acts unsupported by any rational basis related to promoting public welfare. The term applies to zoning changes, typically limited to small plats of land, which establish a use classification inconsistent with sur- rounding uses and create an island of nonconforming use within a larger zoned district, and which dramatically reduce the value for uses specified in the zoning ordinance of either the rezoning plat or abutting property. The Ass't City Attorney stated an acceptable time for a continuation of a rezoning request is a "reasonable time", which he interprets to be up to 60 days. The Ass't City Attorney addressed the question of whether a parcel abuts a state highway if a railroad or street right-of-way exists between the parcel and the highway. He said he could not find any case law but his opinion is that it probably would not abut the highway, as abuting implies there is no intervening property. Regarding the question of setting a precedent for spot zoning, the Ass't City Attorney stated that consistency is imperative. If rezoning is granted for one parcel, there has to be some circumstance that is unusual to dif- ferentiate it from another parcel seeking to be rezoned in order to deny rezoning of that parcel. The Ass't City Attorney was reluctant to endorse an option of guaranteeing a specific development along with a rezoning approval. He said- a determina- tion for rezoning must be based on the best use of the land itself, and not on a specific proposed use of the land. t _ The Ass't City Attorney said it is his opinion that the application for rezoning by Standard Development Corp. appears to have no rational basis for rezoning from its present use to a commercial zone. Even if the parcel was larger, he would think it constitutes spot zoning and would not be sup- ported if challenged. The Ass't City Attorney said a determination on the Baron Development Corp. rezoning request was more difficult, as it does not lie within the planned industrial park and there are commercial uses closer to it. He thinks the use of land radiating from Canterbury Downs could be rationally determined to be commercial. However, if the intervening property between this parcel SnaKupee P-anninb July 11, 1985 Page 7 and Canterbury Downs was zoned commercial the basis would be stronger. Therefore, it is his opinion that the Baron parcel, particularly if rezoned with the parcel that separates it from Canterbury Downs, could bear rational and reasonable relationship to the racetrack and the rezoning of it to com- mercial would be allowed. It is the recommendation of the Ass't City Attorney, along with the City Planner, to consider a racetrack development zone if the Planning Com- mission is considering zoning other than industrial around the racetrack. This would create a new zoning district in which the development is all going to be exclusively planned in a planned unit development, to provide flexibility of what goes where and protect surrounding properties. The Ass't City Attorney clarified that without the inclusion of the inter- vening parcel, the issue is much grayer and the decision could go either way. The City Admr. pointed out that Canterbury Downs is actually zoned Indus- trial, with a conditional use. He asked if the issue is the zoning of the land or the actual use. The Ass't City Attorney responded that there is often a distinction between the zoning of the land and its use. He thinks it is the use that is going to govern. Although the racetrack was con- structed under the terms of a conditional use permit, it is going to be there with that same use for a long, long time. The City Admr. suggested that if the Planning Commission is going to consider some rezoning in the racetrack area, it might want to rezone the racetrack to commercial. Chrm. Czaja asked the applicants to address the new information. Dick Heise, architect for Heise, Vanney & Associates, said they submit that a rezoning to commercial is a good land use for this parcel, and pointed out the other areas of commercial use around-it. He said this par- cel is isolated from the surrounding industrial uses. He pointed out their proximity to the main entrances to Canterbury Downs and the good highway access. He demonstrated that Shakopee is advertising itself as an enter- tainment center and they are filling a need. Mr. Heise ,responded that they plan to add another egress on the parcel. He explained their use of the trees, which they plan to redistribute on the parcel and reforest the rest. Richard Wolsfeld, traffic engineer with BRW, 700 Third Street So. , Minne- apolis, showed on an overhead projector his computations of the trip gen- erating characteristics of the proposed development and its impact on the traffic flow of nearby roadways. He pointed out that he used pre-Canterbury Downs traffic numbers, so the percentage of increase in traffic projected is a lot higher in this report than in actuality. He concluded that if this commercial use as proposed would occur, the street system would be capable of- accomodating it, which is the same conclusion reached in the draft EIS. 5ahxopee Planning Commission July 11, 1985 Page 8 Rockne/Lane moved to attach hereto and make a part hereof the memo dated July 10, 1985 to Richard A. Heise from Richard Wolsfeld, BRW, regarding these traffic computations. Motion carried unanimously. Walter Rockenstein, Faegre & Benson, 2300 Multi-Foods Tower, Minneapolis, attorney for applicants, said it is his belief that all the tests for rezoning a property can be met and this does not consist of spot zoning. He believes this is consistent with the Comp Plan, which has significantly changed because of the racetrack. He also believes he could make a set of findings of fact that differentiate this site from other sites, like the Standard Develop. Corp., so this would not necessarily set a precedent. Comm. Lebens leaves at 10:50 p.m. Mr. Rockenstein said they were unable to find a Supreme Court case that addressed abutting zones, but some address "adjacent" properties, which is identified as being in close proximity. He thinks it is unlikely that someone will build an industrial use in the intervening area between this property and the racetrack, but that is a risk they are willing to take. Cecil Behringer said that 95% of the trees are on this property. Mr. Heise said they will use 75% of the trees and reforest the rest. Mr. Heise said that many motels throughout the country are located next to similar uses which produce noise and heavy truck traffic. He pointed out the motels adjacent to the airports and stockyards. John Basor, of Boshart & Christensen, said he has been involved with the planning, development and construction of a number of major hotels, and he is in support of this project. He thinks the site is good. He men- tioned several major hotels next to industrial and trucking uses. Robert Behringer; with the Baron Development Corp. , said he has spoken to the owner of the adjacent 30 acres who was going to be here tonight in sup- port of this project. That owner has no concerns with this rezoning request, and he doesn't care if his property is also rezoned. Comm. Schmitt stated his belief that without changing the zoning of the adjacent property to the racetrack, this would be spot zoning. Apparently the racetrack has stimulated more spin off development than originally an- ticipated. He would look more favorably on this request if the intervening property was included in the request. He asked if the developer wants to proceed with his application as -presented or continue to further deal with adjoining property. Bruce Malkerson said if the developer is thinking seriously of trying to get an additional 30 acres rezoned, that should be gone into now because that would change traffic numbers, sewer flow, etc. He said for the record, Scottland would also oppose that rezoning request. Mr. Rockenstein questioned the timing of another rezoning request, and also asked for clarification on a time frame for setting up a racetrack zone. He said Baron Develop. is hopeful of getting in the ground this fall. July 11, 1985 Page 9 Comm. Schmitt responded that it would take about 30-45 days to set up a racetrack district. The City Admr. said the procedure would be similar to the moratorium entered earlier and will probably take longer than 45 days. Schmitt/VanMaldeghem moved for a five minute recess at 11:10 p.m. Motion carried unanimously. Stoltzman/VarnMaldeghem moved to reconvene at 11:18 p.m. Motion carried unanimously. Mr. Rockenstein said it is their decision not to seek a continuance. They are ready to build the project and are in intense negotiations with the hotel, and the mortgage money is favorable right now. Bruce Malkerson, attorney for Scottland and Canterbury Downs, referred to his letter of July 11, 1985 in which he states the reasons the rezoning request by Baron should be denied.He maintains the original zoning is not in error and there have not been significant changes in community goals and policies. He said a racetrack has always been listed as a conditional use in the industrial zone. He said the Minnesota Supreme Court, in 1984, defined spot zoning as "the classification of a small area of land in a manner that is not compatible with surrounding neighborhoods for the bene- fit of the property owner and to the detriment of others." He said the record is full of letters from surrounding- area industrial uses that it is to their detriment. Mr. Malkerson disputed testimony that the racetrack is not industrial. He said at the backstretch there are industrial-looking buildings that are open 24 hours a day that produce noise and smell, just like its industrial neighbors. He pointed out that there have always been industrial uses to the west of the established Scottland development. Mr. Malkerson asserted there are many vacant parcels suitable for hotels, owned by different owners. He said the rezoning of this parcel would create a precedent that would adversely affect many acres. This commercial de- velopment would take away sewer allocation from other future industrial uses. He said the City has to protect the integrity of the industrial park. He thinks the City should consider the uses that will be there 50-100 years from now, and commercial next to industrial makes for complaints. He men- tioned the possible hazardous situation for industrial uses to be next to many people in commercial uses. He pointed out the intensive review the Planning Commission made after the racetrack was sited here, and the resul- tant decision that the City did not need to change the existing zoning out there. The industrial park is worth $155 to $200 million, and its integrity has to be protected with zoning. Mr. Malkerson reminded the Commissioners that once the_property is rezoned, any commercial project can go on it and there isn't any guarantee that this project will be developed. The Commission should look at the worst case which might include more acres and any business use. He commented that the traffic numbers are misleading because the traffic to the racetrack is not the same kind of pattern of people going to businesses and hotels. Mr. Malkerson concluded this rezoning request should be denied because it is illegal spot zoning. Shakopee Planning Commission July 11, 1985 Page 10 r Comm. Schmitt commented that a racetrack is listed as a permitted com- mercial recreational use in every zoning district of the City, except the 4 residential zones. He believes there have been signficant City- wide changes because of the racetrack development, which is speeding up demand for commercial property. He believes the Comp Plan is a flexible document intended to deal with the activities that may occur or are generated in the community. Mr. Malkerson declared the Comp Plan needs to be amended to show the possiblity of rezoning from industrial to com- mercial before other action can be taken. Tim Keane, attorney and planner for Scottland, said he was the City Plan- ner throughout a good portion of the development and approval of the Comp Plan. He remembered that it was with a great deal of deliberation that the City set aside the industrial zoning, making a significant commitment to industrial opportunities in the community. Mr. Keane cautioned that once a rezoning is approved and a precedent is set, it has equal applicability to many other sites within the City. He thinks it is important to reaffirm the City's commitment to the Comp Plan and industrial area which is relying upon the adopted plan. He said there were many agreements and representations with Met Council regarding the sewer flow issue. Chrm. Czaja asked for comments from anyone else in the audience who is in opposition to the rezoning request. Frank Reid, Personnel Director for Anchor Glass, read a revised letter opposing the rezoning request, dated July 11, 1985. This letter basically addressed his belief in the incompatibility of industrial next to com- mercial zoning. Lane/Rockne moved to accept into the record the letter from Anchor Glass Container, dated July 11, 1985 to the Planning Commission, attached and made a part hereof. Motion carried unanimously. David Sharpe, General Manager of CertainTeed, read his letter dated June 21, 1985 opposing the proposed rezoning, on the basis of the incompatibility of the industrial and commercial uses, availability of commercial property, preservation of expansion capabilities and integrity of the zoning dis- trict. VanMaldeghem/Schmitt moved to accept into the record the letter dated June 21, 1985 from CertainTeed regarding the Baron Development, attached and made a part hereof. Motion carried unanimously. Mark Gruss , representing Fremont Industries, referred to their letter dated July 8, 1985 in which it is stated they moved to Shakopee because of zoning changes around them which, in effect, made them guilty of doing business. He expressed concern with a possible increase in vandalism with the increase in people in the area because of a commercial use close by. He mentioned the positive contributions they have made to the City over the years. vV......�J=.i✓ - July 11, 1987 Page 11 Mr. Colston, of Ashland Chemical, said his company moved here because of the industrial zoning. Because of the nature of their business, they have to stay away from commercial developments in a designated industrial zone. Don Miller, of Air Products, said his basic concern is the proposed develop- ment is within walking distance of his facility which could be a safety hazard. They deal in hazardous, flammable poisonous, corrosive gases. He doesn't feel the racetrack traffic is a problem because it is only for a few hours a day. He maintains that if the Planning Commission was familiar with their type of facility, they wouldn't want to create an at- mosphere where people would stay and congregate near their facility. He invited the Commissioners to tour their facility before making any decision. Chuck Weaver, Holmes & Graven, 428 Pillsbury Center, asked the Commissioners to consider the industries that have come into the community and provided tax base and employment of thousands of people for the purpose of being in an industrial park. He asked how the City can expect other industries to come in after the integrity of the zoning is broken. Mr. Weaver said he is a past member of the Met Council and stated Shakopee has a reputation as a good planning community. He said the City can't attempt a plan that is inconsistent with its Comp Plan, mainly because of the sewer system. He can't conceive of changing the Comp Plan without talking to the people with whom the City made the agreement. There are all kinds of issues coming up that should be looked at in an overall way with Met Council. Mr. Malkerson asked that everything that had been submitted by Scottland in the past in this regard be put on the record. Schmitt/VanMaldeghem moved to enter into the record and attach hereto and make a part hereof all materials previously submitted by Scottland in op- position to the rezoning request by Baron Development Corp. Motion carried unanimously. Mr. Rockenstein referred to his memo in which he indicates the criteria for rezoning have been met. He added that no matter how many times a racetrack is allowed in the various zones, horse racing-was prohibited by the Constitution of the State of Minnesota and therefore it has created a significant change in the area. He said the Comp Plan is meant to be only a guide. Mr. Rockenstein asserted that if there has been an invasion of the industrial- park, that has been by the racetrack itself. The proposed area of rezoning is in close proximity to the racetrack. He suggested that if you believe all the companies in the industrial park comply with all the noise, buffer and safety factors, then this site is more than adequately buffered from the industrial uses. He stated that one of the findings of their marketing study was that this site is an adequate and excellent site, and that a hotel can survive with the surrounding industrial uses. He believes the development is good and criteria are already in place to prevent further expansion into the industrial zoning. As far as the safety concerns of the industries, he maintains the racetrack could be affected just as much as this proposal. They believe this development will be a positive addition. Snakopee Planning Commission July ll, 1985 / Page 12 Mr. Malkerson said to remember that the racetrack is still industrially zoned and the stable area is an industrial-type use. It is also a long distance away from other industrial uses. The people in the grandstand will come for only 4 hours and then leave again. He pointed out the hotel might survive, but the question is whether or not the adjacent industrial uses will survive. He thinks that any of the permitted uses of the indus- trial zone will fit that intervening parcel next to the racetrack. Last summer when the moratorium was reviewed, the only change that was recom- mended was to remove multi-family zoning from the close proximity of the racetrack. This same argument could be applied to the hotel. Comm. Schmitt pointed out that the industrial community did not speak up against the developments of the racetrack or Valleyfair, which bring in a combined 22 million people into the area. They must have realized there would be other developers who would attempt to capitalize on that recrea- tional population. He suggested the industrial and commercial community getting together to figure out how to cope with that demand. He added that with 300 people sleeping on the grounds of the racetrack, there is already a residential community in their backyards. He suggested the appointment of a committee to deal with this, as saying "no" is not the answer. The City needs to figure out how to do it right and it needs the commercial and industrial community's help. Chrm. Czaja asked if there were any other comments, and there were none. Schmitt/VanMaldeghem moved to close the public hearing. Motion carried unanimously. Schmitt/Rockne moved to recommend to City Council that the request for rezoning a 10 acre parcel from I-2 to B-2 by Baron Development Corp. be denied on the basis that it constitutes spot zoning. Motion carried unanimously. The City Planner informed the audience that this recommendation goes to City Council and will be on the July 16, 1985 agenda. Schmitt/Lane moved for a five minute recess at 12:33 a.m. Motion carried unanimously. Schmitt/Stoltzman moved to reconvene at 12:38 a.m. Motion carried unani- mously. PUBLIC HEARING (CONT.) - STANDARD DEVELOPMENT CORPORATION The City Planner stated the applicant has withdrawn its request for re- zoning, but will pursue the conditional use process because they believe they abut the highway, railroad tracks not withstanding. Schmitt/VanMaldeghem moved to continue the public hearing on the request by Standard Development Corp. to consider rezoning a 30 acre parcel from I-2 to B-1. Motion carried unanimously. Schmitt/Rockne moved to close the public hearing. Motion carried unanimously. July 11, 1985 Page 13 Schmitt/VanMaldeghem moved to accept the withdrawal of the rezoning request. Motion carried unanimously. PUBLIC HEARING - EQUINE DYNAMICS LTD. CONDITIONAL USE PERMIT The City Planner said this hearing cannot be opened because the newspaper lost the ad, so notice was never published. Schmitt/Stoltzman moved to table discussion of a conditional use permit request by Equine Dynamics, Ltd. Motion carried unanimously. PUBLIC HEARING - PALACE ADDITION PRELIMINARY AND FINAL PLAT Schmitt/VanMaldeghem moved to open the public hearing regarding the Pre- liminary and Final Plat of Palace Addition. Motion carried unanimously. The City Planner stated the City Engineer has approved the final drainage report for Lot 1, but not for Lot 2 and therefore he recommends if the Planning Commission is considering approving the whole plat, that Lot 2 be made an outlot which would be undeveloped until a future time when the drainage will be addressed. She also is a little concerned with the shape of Lot 2 which is like a flag lot, but there isn't anything in the code that prohibits approval of this shape. Staff recommendation is for ap- proval of the Preliminary and Final Plat, subject to listed conditions, including making Lot 2 an Outlot at this time. Schmitt/VanMaldeghem moved to hear testimony on the next agenda item, which is the application for a conditional use permit by these same ap- plicants to construct a Class II restaurant on Lot 1, as this may affect the lot size and the way it is developed. Motion carried unanimously. The City Planner went over the background information regarding the re- quest for a conditional use permit to construct a Class II restaurant. She said the main issue is the parking is not sufficient. The applicants would either have to add more land to their parcel or take away some of the proposed building. The City Planner said her research seemed to indicate this subdivision took place before the subdivision ordinance went into effect. She pointed out that this parcel and Raceway Park .parcel have two different owners. Comm. Schmitt questioned if Raceway Park was the original owner of both parcels before it sold off this portion. The City Planner said the owner is Topco. Mr. Woodward, on behalf of Topco, said they are not the prin- cipals of Raceway Park. Sandra Rosenberg said that she and Dick Brandl are the owners of this parcel. She explained there was confusion in the number of parking spaces required because of the differences between the figures for the liquor license and the building code. Ms. Rosenberg added that someone has con- tacted them interested in putting in a hotel on the other side of the parcel. In that case, they would like to have joint parking in between. The same people are financing both projects. S_ar opee r ann1n,, om .fission July 11, 1985 / Page 14 G Roger Shoback, architect with Atkins & Assoc. , said there are two options for picking up additional parking area. One option would be to shift the building into such a position to eliminate the drive-under canopy, which would give them 114 .spaces which corresponds exactly to the 5,700 square feet of the building. The second option would be to keep the same building and just expand the parking further to the back, adding an additional 100 feet to the property, which would give them 116 parking spaces. If they did this, the proposed hotel would have to be a little smaller to accomo- date the parking. Mr. Shoback explained the first option in more detail, stating all the setbacks would be maintained. He said the drive-way is 24 feet wide. Ms. Rosenberg stated they prefer the first option. Comm. Lane questioned the development on Lot 2 and how that would affect the 60 foot right-of-way through the center. Ms. Rosenberg responded they aren't sure of the other development at this time. When they build, they will be a self-contained unit. Comm. Schmitt questioned if there was a difference in the seating capacity and the rating on the building because of the dance floor. Mr. Brandl said they have a seating capacity of 260-270. Ms. Rosenberg said the liquor license constitutes how many people they can have per footage. She under- stands that when the building is constructed it will be measured, but she believes 270 is a good estimation of the capacity. The City Admr. suggested that in the consideration of the conditional use permit, an occupancy rating of 270 can be inserted. Mr. Shoback explained the excavation in more detail for the grading and drainage plan which creates somewhat of a holding pond. The City Admr. pointed out this is not an unusual drainage plan. Allen Kramer, of Suburban Engineering, said this is an accepted method of handling the excess storm water this type of development will produce. He further elaborated on the drainage plan and excavation activity. Comm. Lane expressed his concern about the easement across the front of the property which should not create a burden to the City for the repair of utilities through an improved parking lot. The City Admr. said that could be checked on and something could be included in the Developer's Agreement about responsibility. Comm. Schmitt commented that improvements: within an easement are at the property owners risk. The City Planner said that information is stipulated right on the building permit. The City Planner reiterated that final drainage has been approved only for Lot 1, and if the Planning Commission is considering approving the Final Plat also, she would request the additional language showing Lot 2 to be an Outlot which would not be developable until replatted and the Final Plat show 20 foot drainage and utility easements. Chrm. Czaja asked if there were any comments from the audience. John Ostick said he owns -the land where Raceway Park is. He said the map submitted by the applicants is incorrect because it shows Hwy. 101 going July 11, 1985 Page 15 by the front. Actually, a service road goes by the front of the property. He is concerned about the traffic problems in the area. He said he has had four races since the opening of Canterbury Downs, and every night he had had to call the Highway Patrol to assist cars into his parking lot because of the traffic eastbound on Hwy. 101. The traffic is backing up on Hwy. 101 because it cannot make the turn across the traffic. The addi- tion of a nightclub and hotel will significantly add to the traffic con- gestion. His actual objection is his belief in the incompatibility of this project next to his racetrack. He would imagine the activity of the club would be more limited on Sunday night, but it would put a crimp on running races on other nights of the week. If a hotel goes in, people will not be able to sleep when the races are running. He considers this a gross mis- match of properties. He has serious doubts this property will make any money and will end up a vacant eyesore. The City Planner pointed out they do have right-of-way to Hwy. 101. Mr. Ostick stated what is needed is an entrance ramp to get back on Hwy. 101 to the east. He said the trucks hauling from the gravel pit can't get ' back on the road. The City Admr. explained there was a service road planned further to the east to the stoplights at CR18, but there were 4 industries that came out strongly against it and the project died. He would guess if the problems are that bad, we will probably hear from the other industries and the pro- ject might get back on the agenda. Mr. Ostick .said there wasn't such a problem before Canterbury Downs opened. He said he has customers on Sunday nights that say they are never coming back because of the traffic problems. This traffic problem is not going to go away. Comm. Schmitt said he would advise the applicants to include a large amount of soundproofing in their construction to protect the patrons, to try to avoid valuation considerations later. He also recommends the applicants do some sound testing. Rockne/VanMaldeghem moved to close the public hearing. Motion carried unanimously. Schmitt/Stoltzman moved to recommend to City Council Preliminary and Final ... Plat approval of Palace 1st Addition, subject to the following conditions: 1. Approval of Title Opinion by the City Attorney. 2. The plat name be changed to Palace lst Addition. 3. This applies to Lot 1 only. 4. Execution of a Developer's Agreement to provide for: A. Park dedication - payment to park fund at time of building permit application, in lieu of land dedication. B. Assessments - the developer shall agree to the City Engi- neer's method of apportioning the installments remaining unpaid against the plat and the developer waives his right to appeal the apportionment. C. Drainage - approval of final drainage plan of Lot 1 by the City Engineer. D. Easements - dedication of twenty foot utility and drainage easements around the perimeter of each lot. E. Outlot - Lot 2 shall be designated as Outlot A with the provision that no development will occur until replatted. Snaxopee Planning Commission July 11, 1985 Page 16 41 Motion carried unanimously. PUBLIC HEARING - ROSENBERG/BRANDL CONDITIONAL USE PERMIT Schmitt/VanMaldeghem moved to open the public hearing regarding the request by Sandra Rosenberg/Ricahrd Brandl for a conditional use permit to construct a Class II restaurant having a Class B liquor license. Motion carried unanimously. Chrm. Czaja asked if there were any comments from the audience, and there was no answer. Schmitt/Rockne moved to close the public hearing. Motion carried unanimously. Schmitt/Stoltzman offered Conditional Use Permit Resolution No. 420, to construct a Class II restaurant with a Class B liquor license, and moved its approval subject to the following conditions: 1. Building capacity be limited to 270 people, as per application. 2. Applicant provide the required number of parking spaces within the platted parcel on which the building is to be constructed. 3. Applicant secure a Highway access permit from Mn/DOT. 4. Record showsthe applicant has been advised of a possible noise problem existing to the east of the property, called Raceway Park. 5. Approval of the conditional use permit is contingent upon approval of Preliminary and Final Plat of Palace lst Addition. 6. Annual review. The City Planner asked for consideration of parking lot security, and con- sensus was it was not needed. The City Admr. noted the further research to be done regarding multiple use of existing easements. Motion carried unanimously. PUBLIC HEARING - HENTGES 1ST ADDITION PRELIMINARY PLAT APPROVAL Schmitt/Lane moved to open the public hearing regarding the consideration of preliminary plat approval of Hentges First Addition. Motion carried unanimously. Schmitt/Rockne moved to continue the public hearing to July 18, 1985. Motion carried unanimously. PUBLIC HEARING - EAGLE CREEK JUNCTION PRELIMINARY AND FINAL PLAT Schmitt/Stoltzman moved to open the public hearing regarding the prelimi- nary and final plat of Eagle Creek Junction. Motion carried unanimously. Schmitt/Stoltzman moved to continue the public hearing to July 18, 1985. Motion carried unanimously. PUBLIC HEARING - CANTERBURY VILLAGE PRELIMINARY PLAT Schmitt/Rockne moved to open the public hearing regarding the preliminary plat of Canterbury Village. Motion carried unanimously. July 11, 1985 Page 17 Schmitt/VanMaldeghem moved to continue this public hearing to July 18, 1985. Motion carried unanimously. PUBLIC HEARING - SHAKOPEE VALLEY SQUARE 1ST ADDITION PUD PRELIMINARY PLAT VanMaldeghem/Schmitt moved to open the public hearing regarding the the planned unit development preliminary plat of Shakopee Valley Square lst Addition. Motion carried unanimously. Schmitt/VanMaldeghem moved to continue the public hearing to July 18, 1985. Motion carried unanimously. PUBLIC HEARING - McKUSH CONDITIONAL USE PERMIT VanMaldeghem/Schmitt moved to open the public hearing regarding the re- quest by Don McKush for a conditional use permit to move in a single family dwelling unit. Motion carried unanimously. Schmitt/VanMaldeghem moved to continue the public hearing to July 18, 1985. Chrm. Czaja said there were people here earlier to oppose this applica- tion, and the City Planner got their names and will contact them before the next hearing. Motion carried unanimously. PUBLIC HEARING - McCROSSAN CONDITIONAL USE PERMIT _AMENDMENT VanMaldeghem/Schmitt moved to open the public hearing to consider an amendment to conditional use permit #377 for an extension to operate a temporary asphalt plant for an additional 90 days upon the racetrack site by C. S. McCrossan, Inc. Motion carried unanimously. Schmitt/VanMaldeghem moved to continue the public hearing to July 18, 1985. Motion carried unanimously. DISCUSSION - 13th AVENUE RESIDENTS REZONING REQUEST Schmitt/VanMaldeghem moved to defer discussion of this rezoning request to July 18, 1985. Comm. Schmitt also suggested starting the meeting on July 18, 1985 at 7:00 p.m. to try to get some informational items out of the way early. Comm. Schmitt also recommended having two meetings per month, with staff dealing with administration matters on a 3rd worksession meeting in Sept. Motion carried unanimously. OTHER BUSINESS Comm. Lane questioned the conditions for the operation of the flea market Anchor Glass Container July 11 , 1985 Members of the Planning Commission: Anchor Glass Container has certainly not been nor are we opposed to commercial development. We do, however, feel that a balance of commercial and industrial development is in the best interests of the economic future of Shakopee. Industrial corporations have been the base of economic stability in the Shakopee community for many years. The increased awareness of the benefits of our community brought about by the racetrack. and the promotional efforts of the newly renamed Canterbury Industrial P-rk, will lead to many new industries considering relocation to this community. Those considering relocation will need to feel that they will be welcome. They will also require demonstrated efforts of a balanced planning program that will not be changed after they have made their decision to locate here. Anchor Glass Container and its predecessors have been a participant in the economic base of the Shakopee community for over 24 years. We employ approximately 380 employees, the majority of whom reside in Shakopee. We have tried to be a good neighbor and feel we have been. . We are, however, a heavy industry and need to operate in an environment that accepts this fact. Our plant operates on a 24-hour a day basis and the nature of our business results in creation of noise levels that are acceptable to our industrial neighbors but would not be acceptable to commercial facilities. Our business results in heavy truck traffic which, because of our customers ' needs, require delivery schedules throughout the day and into the evening and week-end hours. These con- ditions and other concerns result in our feeling that the proposed rezoning requests would lead to many potential problems. There is currently a comprehensive pian in effect which provides and encourages both industrial and commercial development, and we request that you continue the provisions of this plan. { Respectfully yours , Anchor Glass Container Corporation :assior, July 11, 1985 Page 18 / on Hwy. 101. He said there are a lot of signs, also. The City Planner responded that the City's Code Officer has contacted them about the signs. She clarified that there was no limitation for them to remain indoors. Comm. Schmitt suggested the erection of "No Solicitation" signs at City limits, and to shut down the the operation in front of the Legion. The City Admr. replied that the Police Dept. is working on it. Schmitt/Lane moved to adjourn. Motion carried unanimously. Meeting ad- journed at 1:50 a.m. Judi Simac City Planner Diane S. Beuch Recording Secretary CertainTeed Corporation CertainTeedCmi Shelter Materials Group 3303 E. 4th Avenue P.O. Box 177 Shakopee, MN 55379 (612) 445-6450 a L..+ June 21, 1985 U'N 2 a 3985 Judy Simac 129 East 1st Ave. Shakopee, Mn 55379 Dear Ms . Simac: Re: Request by Baron Development and Standard Development Corporation for Rezoning CertainTeed Corporation has for ten years operated our roofing manu- facturing facility which is adjacent to the Canterbury Industrial Park. We located our manufacturing facility here as a result of highway development which resulted in condemnation of our previous facility in Minneapolis . CertainTeed chose our present location over others , due to many factors , but among those were: .Compatible zoning for both our industrial use and that of our neighbors .Promise of continued heavy industrial zoning .Adequate utilities of electricity, water, sewer and natural gas .Transportation facilities for our heavy rail and truck needs We feel today that we made an excellent choice eleven years ago. We do however, have serious concerns for the future, should adjacent properties , including the properties under review, be rezoned to higher use; such higher use to _include commercial, retail, hotel and restaurant establishments . We did not anticipate, nor would we recommend the adjacency of .dissimilar business environments . We and our heavy industrial neighbors are able to exist compatibly, and in conformance with local and federal rules and regulations concerning dust, odor, emissions and heavy vehicle traffic. We do not feel this relationship would be possible with the type of businesses under consideration in close proximity. CertainTeed is not opposed to the establishment of commercial retail and restaurant services as an offshoot to the development of Canterbury Downs . Moreover, we feel that this type of business will be good for Shakopee and would- also provide closer facilities than those currently available in Bloomington. We would find closer facilities convenient for employees , customers and suppliers visiting our offices . We strongly feel that commercial development should occur in areas currently zoned commercial, as provided by the City of Shakopee ' s comprehensive- plan.. An area that would be appropriate is the acreage of commercial property located at the intersection of the proposed bypass and County Road 83 . That location, in addition to providing a buffer, would also be more advantageous from a traffic standpoint. Ms . Judy Simac June 21 , 1985 Page 2 CertainTeed manufactures asphalt roofing materials and felt paper at our Shakopee location. Our business is extremely competitive, as are many U. S . manufacturing businesses today. The ability to compete may be influenced by the ability to expand or to integrate basic manufac- turing processes. By preserving the existing zoning, future expansion plans can proceed in conformance with present land use assignments . We would not want to see this capability taken away. We recommend that the City of Shakopee uphold the current existing heavy industrial zoning and reaffirm the integrity of the comprehensive plan. We desire to be a part of the Shakopee community and are in support of properly controlled development . You might also note the following: CertainTeed Roofing Plant .Total employees 181 .Employees residing in Shakopee 55 .Sewer and water utilities 1984 $58 , 686 . 00 Although we aren 't the largest , we are among the top four year round employers in Shakopee. We would like to grow with the Shakopee Comm- unity. We would appreciate discussing this matter or any other matter with you. Please call me at 445-6450 to more thoroughly discuss this situation. Ve y�t my yours , j i David E. Shar e Vice President & General Manager DES :mr SCCOTTLAND INC. July 11 , 1985 Chairperson David Czaja and Members of the Planning Commission City of Shakopee 129 E. First Avenue . Shakopee, MN 55. 379 RE: Proposed Zoning Amendment from Industrial to Commercial by Baron Development Corporation Dear Chairperson Czaja and Members of the Planning Commission: The purpose of this letter is to set forth in outline form the reasons the rezoning proposed by Baron Development Corporation should be denied, which reasons could be incorporated into a recommendation of denial. We believe that there is ample testimony in the record to support each point. 1 . The original industrial zoning is not in error. See section 11 .04I. 2. Significant changes in community goals and policies have not taken place. See Section 11 .014I.. 3. Significant changes in City-wide or neighborhood patterns have not occurred. See Section 11 .041. 4 . The rezonings do not -implement- the Comprehensive Plan growth management program. See Section 11 .041. 5244 Vallev Industrial Boulevard South, Shakopee, Minnesota 55379/612-44F-3242 Shakopee Planning Commission July 11 , 1985 Page 2 5 . The commercial uses proposed are incompatible with adjacent and nearby existing and potential industrial uses. 6. The City needs to preserve the industrial park area for present and future development needs as stated in the Comprehensive Plan. 7. The Comprehensive Plan seeks to preserve the large centrally located industrial park. Placing of commercial uses in the middle of the park is contrary to that planning principle. 8 . The rezoning of the parcel to commercial in the middle of the industrial park would be spot zoning. 9 . The rezoning is inconsistent with the Comprehensive Plan. 10 . There is more than enough vacant commercial planned and zoned property, owned by several, different entities, on the east side of the City to provide a sound mix of industrial, commercial and residential tax base in the City. 11 . The Comprehensive Plan allocates certain amounts of sewer capacity for the property based upon its historical industrial zone classification. Commercial development of the property would require the use of more sewer capacity than has been allocated for the property. That sewer capacity would have to be taken away from the capacity allocated to others. 12. The rezoning would create an adverse precedent. If the City rezoned this parcel, then other parcels adjacent thereto or similarly situated -would have a right to be rezoned upon request. 13 . The park is being developed for intensive industrial uses, many of which are noisy, smelly and aesthetically unattractive. If commercial uses are allowed adjacent to those uses, the incompatibility could result in constant complaints to the City. 14 . The park is being developed for industrial uses, some of which in the case of fire or explosion, could create a Shakopee Planning Commission July 11 , 1985 Page 3 hazard for adjacent commercial buildings and the people in them. (The racetrack grandstand is different in that it is separated by 1 /2 to 1 mile from any such potential industrial problem and the public is in the grandstand only five hours each day) . 15 . Numerous adjacent property owners have objected to the rezoning because of the adverse effects the rezoning would have on their industrial land and businesses. 16 . The City' s zoning code has always listed "racetrack" as a possible use in the industrial district. The development of a racetrack was not unanticipated. Even so, after the racetrack was located in the City, the Comprehensive Plan and industrial zoning were re-examined by the public, property owners, Plannning Commission and City Council. It was found that the Plan should not be changed and that industrial land should not be rezoned. There have been no change in facts or circumstances to require a reversal of that decision. 17 . Numerous existing commercially zoned properties have been developed and millions of dollars invested therein in reliance upon the present mix of industrial, commercial and residential zoning in the City. Very truly yours, SCOTTLAND -INC. Bruce D. Malkerson Executive Vice Present Timothy J. Keane Vice President TJK:ap Enclosure C. C. Mayor and City Council John Anderson Bo Spurrier Jeanne Andre Judi Simac r S�Orf"�L.AN® INQ July 3 , 1985 ` Mayor Reinke, Members of the City Council, Chairman Czaja, Members of the Planning Commission City of Shakopee 129 E. First Avenue Shakopee, MN 55379 RE: Pending Zoning Amendments from Industrial to Commercial Dear Mayor Reinke and Members of the City Council Chairman Czaja and Members of the Planning Commission: The purpose of this letter is to forward additional information and concerns regarding the requests by Baron Development and Standard Development Corporation for rezoning from industrial to commercial. 1 . The City should Maintain the Integrity of the Industrial Park. We continue to believe that i.t is in the best interest of the City of Shakopee and property owners and tenants in the Industrial Park to maintain the integrity of the zoning and the Comprehensive Plan designations in the area of the racetrack and Industrial Park. Scottland Inc. , together with over 20 businesses in the Industrial Park have invested millions of dollars in the present development and made plans for future development in reliance on the Shakopee Comprehensive Plan. Presently there are three million square feet of industrial uses in the Park. Using a 5244 Valley Industrial Boulevard South, Shakopee, Minnesota 55379/612-445-3242 1 ? City of Shakopee July 3, 1985 Page 2 conservative, replacement cost of $35 .00 a square foot, there are over $ 105 million of improvements. In addition, the racetrack has just spent $50 million in improvements. To date there is over $155 million invested in the Park, exclusive of land, in reliance on the industrial planning and zoning designations. There are approximately 1 ,000 acres to be developed in the Park and 250 + acres immediately adjacent to the Park. These acres can only be developed successfully if the integrity of the industrial zoning and planning are preserved. Based on historic development trends, the City can expect an additional $700 to $ 1 ,000 million ( in 1985 dollars) in investment in the Industrial Park as the Industrial Park is built out. The Industrial Park has been planned, zoned, and developed for industrial uses for years. Millions of dollars have been invested based upon the integrity of the Industrial Park and the preservation and compatibility of uses as assured in the Comprehensive Plan. 2. There is Ample Amount of Commercial Property Available. There is no need for more unplanned commercial property. There is an adequate amount of vacant commercially planned and zoned property throughout the eastern side of the City. There are approximately 150 acres of vacant commercial property at the intersection of County Road 83 and the Bypass owned by VIDCO, of which Scottland Inc. is a partner. There are '58 acres of vacant commercial property east of Valleyfair, along Highway 101 , owned by others. There are 10 + acres of vacant commercial property south of Highway 101 and east of Valley Park Drive, owned by others. There are 25 + acres of vacant commercial property south of the Blue Lake Treatment Plan, along Highway 101 , owned by others. See enclosed map showing commercial property east of Shenandoah Drive in the City. 3 . Good Planning Requires the Promotion of Existing Vacant and Developed Commercial Property Throughout the City. The Comprehensive Plan repeatedly sets forth reasons why the integrity of the existing industrial planned and zoned property should be protected as set forth in our letter to you dated June 6 , 1985 . City of Shakopee July 3, 1985 Page 3 Additionally, the Comprehensive Plan sets forth reasons why the integrity of the existing commercially planned and zoned property should be protected. The City has invested millions of dollars in the infrastructure to serve the existing commercial uses in downtown, Shakopee. The City is about to spend a significant amount to promote commercial development in the central business district. The City is committed to the development of the mini-bypass, in part, to promote downtown commercial development. Millions of dollars have been spent by hundreds of commercial property owners, large and small, in the City, in part, on reliance on the overall Comprehensive Plan, which sets forth where the present and future commercial uses should be located. In the last 12 months, numerous existing commercial uses have been expanded and new commercial uses have been established in existing planned commercial use districts because of the commercial spin-off from the racetrack and from general economic growth in the area. Many of these business owners and citizens for the first time can now, finally, start to realize a return on the investment they have made for years in the City. If hotels, restaurants, fast food establishments and gas stations are now built in areas which have never been planned or zoned for such uses, the existing commercial uses will pay the price. Many others in the City will also pay the price when the existing businesses suffer. 4o The City has a Limited Amount of Sewer -Capacity which it has Allocated by Specific Land Use Zoning Pursuant to the Comprehensive Plan in 1980 . The City should not now Reallocate that Capacity to the Detriment of Others. In the Comprehensive Plan, the City determined that industrial uses needed an average of 1 ,000 gallons per day of sewer discharge capacity. The City determined that commercial uses needed an average of 2, 000 gallons per day of sewer discharge capacity. Based on the sewer discharge capacity allocated by the Metropolitan Council to the City, and knowing of those limitations, the City planned and zoned the industrial areas, the commercial areas and the residential areas. Significant investments have been made by the City and property owners in reliance upon that allocation and the expectation that the sewer capacity would be there now and in City of Shakopee July 3, 1985 Page 4 the future. This is to be expected because this is the very purpose for a Comprehensive Plan. If the City now converts industrial land ( 1 ,000 gallons per acre per day) to commercial land (2,000 gallons per acre per day) , that additional 1 ,000 gallons per acre per day must come from existing vacant or developed industrial, commercial or residential property. If the rezoning is approved, some of those property owners will have to be told that they cannot build on their vacant land or they cannot expand their existing uses. Those property owners, understandably, will be upset and may seek damages because of their losses. Moreover, and more important, the City' s goals and objectives of balanced industrial, commercial and residential growth will be adversely affected. In regard to the Baron Development Corporation proposal to rezone 9 . 14 acres to commercial, the City Engineer has written: " . . .More than 46 other acres will be limited in development potential if this 9 . 14 acre tract is rezoned. . " That is an impact of 46 = 5 to 1 9 . 14 It is not likely that any property owner of 1 , 46 , or 200 acres wants to give up all or a part of their development potential. The correct allocation of the limited sewer discharge capability for the entire City was made in 1980 . this allocation should not now be changed. There is an adequate amount of vacant commercial area on the east side of the City owned by numerous owners which can be developed now for commercial purposes. - In the event the City approves the Baron Development rezoning, it will be hard pressed to deny the Standard Development rezoning of 30 acres, which could negatively impact 150 (5 to 1 ) acres of industrial property (assuming the 5 to 1 ratio applies here also) . In the event the City approves the Baron Development, then how can the City deny a 10 acre, 30 acre, or 80 acre rezoning request adjacent to the racetrack? If the 30 acre industrial property adjacent to the Baron Development and 80 acre parcel adjacent to the north were rezoned to commercial, 550 acres of industrial property owned by others could be adversely affected ( 110 x 5) (assuming the 5 to 1 ratio applies here also) . City of Shakopee July 3, 1985 Page 5 For the purposes of this discussion, we are not saying that owners of developed or vacant residential, commercial or industrial land "own" the allocated sewer discharge capacity (although we believe that may be the case) . We are saying only that the City allocated the limited capacity in its Comprehesnive Plan to provide for a balanced growth of residential, industrial and commercial uses. There is no reason to change the allocation, with all of the possible adverse ramifications thereof. 5 . Conclusion. For the reasons stated herein, in our June 6 , 1985 letter, and in the records on file with the City, we respectfully believe that it is in the best interest of the City that the Comprehensive Plan be upheld and the rezonings be denied. If you have any questions, please call. Very truly yours, SCOTTLAND INC. Bruce D. Malkerso Executive Vice President Timothy J. Keane Vice Presi ent TJK: ap Enclosure C. C. John Anderson Jeanne Andre Judi Simac . Bo Spurrier Julius Coller Rod Krass x _ , , 1 1 ' J• I !' fin._.• ,�•v� r _ i f w._ x• N , LL, + LLJ I , I VJ LL- Iuu: •� X11��, I ' •� f'.. ,.."I �,� � :,,�1' � �\ , r fL rt � � __._ ,`"'' S � . , •"bb+d JJ I, , I Ts ryrf�, i Arr. of i PROCEEDINGS OF THE PLANNING COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA JULY 18, 1985 Chrm. Czaja called the meeting to order at 7:05 p.m. with Comm. Schmitt, Pomerenke and Rockne present. Comm. VanMaldeghem, Lane and Stoltzman arrived later. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Lebens. Rockne/Pomerenke moved to approve the agenda for this meeting. Motion carried unanimously. PUBLIC HEARING - EQUINE DYNAMICS, LTD. CONDITIONAL USE PERMIT Rockne/Pomerenke moved to open the public hearing regarding the request by Equine Dynamics, Ltd. to consider a conditional use permit to permit retail sales in an I-2 zone, limited to 15% floor area, upon property located in the Valley Industrial Park. Motion carried unanimously. The City Planner presented the background on this request, and recom- mended its approval. Discussion followed regarding the type of product sold and the possibility of physically specifying the retail sales space in the warehouse. Comments were made relative to not turning this into a curio shop and not allowing the retail sales to become the principal business. There was no representative from Equine Dynamics, Inc. present. Chrm. Czaja asked if there was anyone in the audience who wished to com- ment on this item, and there was no response. Pomerenke/Rockne moved to close the public hearing. Motion carried unanimously. Schmitt/Rockne moved to approve Conditional Use Permit Resolution No. 419, and moved its adoption subject to the following conditions: 1. Applicant be required to provide a schematic on the building and identify the specific square footage on the property that will be used for retail sales purposes; 2. Applicant be required to supply an annual financial statement which indicates that the retail business does not exceed 25% of the total volume of sales. Motion carried unanimously. Comm. Schmitt explained the intent of those conditions is to insure the industrial integrity of the area is being maintained. Snakopee Planning Commission July 18, 1985 Page 2 PUBLIC HEARING - HENTGES 1ST ADDITION PRELIMINARY PLAT Rockne/Pomerenke moved to open the public hearing regarding the Preliminary Plat of Hentges 1st Addition. Motion carried unanimously. The City Planner went over the background and considerations of the plat. She recommended denial of the plat because it cannot meet the required findings. She added the applicant has not complied with repeated attempts by the City to enforce screening requirements for exterior storage. Bill Engelhardt, Consulting Engineer, Chaska, stated he prepared the plat for Mr. Hentges, which he said might not develop immediately. He said the only severe soil condition this plat has is the rock that is present all over the City. He said the sewer service would have to be addressed before someone could build on, but the property could still be platted now without it. He contends the arguments against the plat are vague, and Mr. Hentges has the right to use his property. He suggested this would be a way for the City to work with Mr. Hentges to clean up the property out there. Comm. Schmitt said he would have no problem dealing with this parcel if the buildings were designated principal and accessory to keep them in con- formance with the Code, septic systems on all parcels would have to be in conformance with the Code, 3rd Avenue be upgraded to at least a gravel base and all three lots be brought up to Code regarding screening and exterior storage. Mr. Hentges said there is presently a gravel base on 3rd Ave. , which is sitting on limestone and isn't going anywhere. He said the only one who drives back there is Carnahan, and he doesn't even use it usually. Dis- cussion followed regarding shaping up the road and putting a top omit. The City Admr. suggested the standards for the street would have to be dis- cussed with the City Engineer. Mr. Engelhardt said he prepared a drainage report which was revised July 1, 1985 to accomodate the requests of the -City Engineer. At the time the City Engineer had no problem with the report, except for a discrepancy in the run off factor, which has since been modified, and should be on file. Chrm. Czaja asked if there were any comments from the audience, and there were none. The City Planner said SPUC manager informed her the utility easement is wider than shown on the plat. Mr. Engelhardt said he would clear that up with SPUC before the final plat. Pomerenke/Schmitt moved to close the public hearing. Motion carried unanimously. Schmitt/Pomerenke moved to recommend to City Council approval of the Pre- liminary Plat of Hentges 1st Addition, subject to the following conditions: Snakopee Yianning Commission July 18, 1985 Page 3 I 1. Applicant designate the principal and accessory structure on Lot 1, Block 1. 2. Septic systems be in conformance with the Code. 3. Applicant be required to rough grade 3rd Street to a standard mutually established between the applicant and the City Engineer. 4. Before the final plat is filed, the applicant must bring Block 1 up to City standards regarding conditions of exterior storage, including fencing requirements. 5. Easements on the parcel be validated against those on file with SPUC. Motion carried unanimously. PUBLIC HEARING - EAGLE CREEK JUNCTION PRELIMINARY AND FINAL PLAT Schmitt/Pomerenke moved to open the public hearing to consider the prelimi- nary and final plat of Eagle Creek Junction. Motion carried unanimously. The City Planner went over the background and considerations for this plat. She said a drainage report has been submitted and approved by the City En- gineer.. She recommended conditions for approval. She explained the lot width is measured at the setback line, and the lots are in conformance for lot width. Gary Laurent, developer, said they have worked out several different build- ing designs on each lot to make sure it works and no further variance will be necessary. Chrm. Czaja asked if there were any comments from the audience, and there was no reply. Pomerenke/Rockne moved to close the public hearing. Motion carried unani- mously. Comm. Schmitt said he has a problem with accepting future assessments for sidewalks, and he thinks the sidewalks should be constructed now. The City Planner explained the County is planning in the near future to up- grade CR16 to an urban section, .so the reasoning is to wait until that is done as it may affect the alignment. There is enough dedication for right- of-way at this time. Discussion followed regarding the possibility of grade changes being made at the time of the upgrading of CR16. Bill Engelhardt, consulting engineer, Chaska, explained further issues of drainage for storm sewer. It is his belief that the construction of a sidewalk at this time would unnecessarily constrain the County in its de- sign of the road. Mr. Engelhardt also brought up the suggestion of a bituminous pathway throughout the development, which could -be an alternative to sidewalk. Comm. VanMaldeghem arrived and took her seat at 7:58 p.m. JtiariU�CC r1dIIILLII` I,UMMission July 18, 1985 Page 4 Discussion followed regarding the use of bituminous walkways in the more rural areas. The City Admr. suggested checking with other communities that allow them. Comm. Schmitt suggested including bituminous walkways in the Capital Improvement Plan. Schmitt/Rockne moved to recommend to City Council approval of the Prelimi- nary and Final Plat of Eagle Creek Junction 1st Addition, subject to the following conditions: 1. Plat be designated as Eagle Creek 1st Addition. 2. Approval of a Title Opinion by the City Attorney. 3. Park dedication to be made in cash at the time of building permit issuance. 4. Execution of a recordable agreement to accept future assess- ments for sidewalks along CR16, waiving all rights to a hear- ing on the improvements and assessments, such agreement to run with the land and be binding on all heirs and assigns of the applicant; or work out a mutual agreement with City Engineer for the construction of sidewalk or bituminous pathway. 5. Execution of a Developers Agreement for the construction of the required improvements: a. Installation of a water system in accordance with the requirements of SPUC Manager. b. Installation of a planting screen along the north lot line of Lots 1 and 2, Block 1. C. Outlot A shall be undevelopable until it is replatted. d. Installation of street lighting in accordance with the requirements of SPUC Manager. e. Installation of sanitary sewer and storm sewer system in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Construction of streets and street signs in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. g. The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and the developer waives his right to appeal the apportionment. h. Dedication of a drainage easement along the north lot line of Outlot A where it abuts CR16. 6. The developer shall obtain an approved County Entrance Permit for Roundhouse Circle access to CR16. 7. Construction plans approved and filed with the City Engineer prior to recording the plat. 8. Applicant has been advised that the parcel has been platted under the existing ordinance and has agreed that the lots satisfy all the required setbacks and therefore no variances will be considered. Motion carried with Comm. VanMaldeghem abstaining. July 18, 1985 Page 5 PUBLIC HEARING - CANTERBURY VILLAGE PRELIMINARY PLAT Rockne/Pomerenke moved to open the public hearing regarding the preliminary plat of Canterbury Village. Motion carried unanimously. The City Planner went over the background of the plat, which is a replat of Outlot A. She said the developer is not willing at this time to plat these units on the plat as indicated. In order to consider the replat, there is a need to consider what will go on Lot 2. If this is approved, the next step would be to apply for a conditional use permit to develop Block 2 in a Planned Unit Development (PUD)for more than one structure on a lot. She said everything needed has not been submitted and the review process has not been completed on the submission already made, and there- fore she recommends public testimony be taken and the hearing be continued to August 8, 1985. Mr. Engelhardt, consulting engineer, Chaska, said the intent was to place the water and sanitary sewer along the lot line and he would check the plat to be sure it is placed right. He further explained they are trying to hit existing manholes because of the presence or rock underground and the inadvisability of running new lines. He pointed out the water main within the development is looped. Comm. Schmitt clarified that under the ordinance only one physical struc- ture can be placed on a lot, even if it is multiple housing for many-families. . Chrm. Czaja asked if there were any comments from the audience, and there were none. Comm. Schmitt commented on the number of structures contemplated. Gary Laurent, developer, said the number of units compared to the number allowed by the zoning constitutes a relatively low density. He pointed out with R-4 zoning, there could be a 2 bedroom home for every 3,000 square feet. He indicated it seems like a lot of buildings because they are all single story. He added they have doubled the garaging requirements to provide ample parking. The City Admr. suggested following the logical shortcut south to CR17 when requiring sidewalk or bituminous pathways, which is the way kids will be walking to the schools. Schmitt/VanMaldeghem moved to continue the hearing to August 8, 1985. Motion carried unanimously. PUBLIC HEARING - SHAKOPEE VALLEY SQUARE IST ADDITION PRELIMINARY PLAT PUD VanMaldeghem/Rockne moved to open the public hearing to consider the plan- ned unit development preliminary plat of Shakopee Valley Square 1st Addi- tion, which is a replat of Halo 2nd Addition. Motion carried unanimously. The City Planner said the plat is still in the review process, and the applicant needs to submit more information. The proposal is for an addition bna&opee r�annlnb ommissior. July 18, 1985 Page 6 to the existing Shakopee Valley Motel, a free standing restaurant, efficiency units and a campgrounds with indoor swimming pool and showers. She said the campground area is within the floodplain, so there are very stringent restrictions that apply to development. She suggested consideration of the issues of transient residency as defined by the length of rental. The Metropolitan Waste Control Commission is reviewing the plan, but has not submitted comments yet. She would recommend taking of public comment and continuing the hearing. She said there are about 8 agencies, State and Federal, that have jurisdiction over the floodplain. Wallace Bakken, developer, showed plans and gave more specific information on the various elements of the proposal. He said when he platted this 4 years ago he dealt with the various agencies involved. He said the DNR is looking for a stop-off point on the trail system and are very open to the development. He pointed out that a portion of the campground which does not flood is proposed for hook-ups for RVs, with the lower portion to be primitive camping. He proposes to add some compacted fill. He said the City's parkway will be an .open road for anyone to travel. The City Planner said consideration will have to be given to the new per- formance standards as they apply to setback and parking requirements, screening and landscaping. A variance to the setback might be requested. Comm. Schmitt suggested Mr. Bakken may have over-drawn the parking for the restaurant, as there is no indication of garbage areas or unloading. Comm. Schmitt mentioned several concerns, including the following: With regard to efficiency units, when rental ceases to become a motel and be- comes an apartment. He suggests contacting various vacation spots to see how they deal with this question. This same subject would apply to the campground, of short- vs. long-term stays for a whole season. The risk-of electrical connections. and water lines needs to be explored. He would suggest some screening between the camping area and the public access to the trail. He is concerned with moving the sidewalk closer to the highway, but that will have to be addressed in light of the design standards. He would suggest the consideration of one highway access to serve the res- taurant and efficiency units. Comm. Lane arrived and took his seat at 8:52 p.m. Chrm. Czaja asked if there were any comments from the audience, and there were none. Comm. VanMaldeghem asked about notification to the mobile home owners next to this property. The City Planner replied that the owner of the park was notified. She suggested the developer could be required to provide flyers to notify the mobile home owners. The City Admr. added they will see the signs that the property is under consideration for platting. Schmitt/VanMaldeghem moved to continue the public hearing to August 8, 1985. Motion carried unanimously. Schmitt/VanMaldeghem moved to direct staff to send letters to some resort- type communities to investigate how they deal with the efficiency type rentals as far as motels or long term rental units, and also how they deal with long term transient trailer or RV units. Shakopee Pianning Commission 0 July 18, 1985 Page 7 The City Planner responded they have already begun that process because of the number of developers interested in this type of development. She has conferred with the Ass't City Attorney to determine if this is con- sidered commercial-recreational and if adequate safety measures are con- tained for the City. He suggested drafting an ordinance addressing these recreational facilities. She pointed out this development is within the ordinance as a permitted use in the AG zone. Comm. Schmitt suggested that campgrounds would be a more specific identification, rather than the more vague commercial-recreational designation. The City Admr, suggested get- ting a check of existing ordinances on the subject from the League through Logis. Motion carried unanimously. Schmitt/VanMaldeghem moved for a 5 minute recess at 9:00 p.m. Motion carried unanimously. Lane/Pomerenke moved to reconvene at 9:07 p.m. Motion carried unanimously. PUBLIC HEARING - McKUSH CONDITIONAL USE PERMIT Lane/VanMaldeghem moved to open the public hearing regarding the request by Don McKush to consider a conditional use permit to move in a single family dwelling unit upon property located at the intersection of CR17 and CR81. Motion carried unanimously. The City Planner went over the background of this request and the consi- derations. Staff recommends approval with conditions. She said she was recently informed that the applicant has been placing fill on the property without a permit and the building inspector will be checking the property. She said some of the neighbors are concerned with the drainage flow and whether the development of this property will further block the flow. She said that issue has to be determined by the City Engineer. She explained that because this is a lot of record development is allowed even though less than 21-2 acres, as long as it can be developed by adequately meeting the City setback requirements and well and septic system placement. The City Planner read the applicable code for property within the Shore- land District as it refers to the removable of vegetation and placement of fill. She explained the requirements that place this property in the t designated Shoreland District. Mr. McKush explained he started working with the City about 5 months ago on this property, and he had hoped to be further along than this by now. He bought a house from the Hennepin County Technical Center and they are encouraging him to get it moved soon. He owns a business right around the corner from this property, and he wants to move into the commnity and be closer to work. He said he showed the City Engineer the on site dis- posal system is perfectly adequate and he could exceed by twice the re- quirements. Mr. McKush said he informed the City he would be moving fill onto the pro- perty, and he had no idea he needed a permit for it. The work is being done by Henry Bohnsack of Prior Lake, working with William Bo, who are reputable and are supposed to be checking the materials and compaction. Snakopee Pianninb Lommissior July 18, 1985 Page 8 He said any stumps and excess materials that were on the site were buried at one end of the property, not used for fill. Mr. McKush addressed the placement of the driveway which was in response to the County Engineer's concerns for safety. Roger Bauer, 3693 South Marschall Road, explained that the driveway across this property went with his house about 16-17 years ago. It has been graveled and kept up all these years and they were hoping to keep it open. He would hate to see it go because it is a real convenience to them. He confirmed that it is a second driveway. Mr. McKush said Mr. Bauer does have access to all his property by the other driveway. The City Planner asked if Mr. Bauer had any easement or recorded document giving him an easement over this property, and Mr. Bauer answered that he did not. Mr. McKush answered more specific questions regarding the location of the house. He said he can comfortably comply with all the applicable regula- tions regarding setback, etc. The City Planner said the Shoreland requires 75 feet from the centerline of a county road. Discussion followed regard- ing the placement of the well and septic tank. Chrm. Czaja asked for comments from the audience. Roger Bauer said there was a pile of rubbish and junk, including tires, which is now buried. He can't see anyone building a house on top of all that junk which will rot out underneath it. He showed pictures of the junk. He thinks the yard with its steep slope is unpleasant. He said the property goes down a hill and ends with a fence. Mr. McKush responded that the fence is 3 feet on his side of the property, and he hasn't been able to work the area until he asks the neighboring property owner to move the fence back to where it belongs. The electric fence is for the containment of the neighbor's horses. Mr. Bauer further addressed the wetlands and drainage problems. He said there was a big ravine that Mr. McKush filled in. He also complained about the inequity of allowing a house to be constructed on such a small lot, and wondered if he could subdivide his 11 acres to build homes. The City Planner replied that the code now requires 22 acre lots, but a lot of record is allowed to develop as long as it can meet the required setbacks, etc. Charlie Timmermann, 15231 Howard Lake Road, complained that the drainage has been interferred with and he is being flooded. He asked about the septic system being installed. He is located one block east of this pro- perty on CR81. Jean Skipton, 15201 Howard Lake Road, presented a letter from her husband, James T. Mead, objecting to this proposal. Ms. Skipton expressed her concern about safety at that intersection. She hears vehicles squealing around the corner and there have been many acci- dents there. She said neither Shakopee or Prior Lake or Scott County wants to claim that area. She lives right next to the property. Shakopee Planning Commisssion July 18, 1985 Page 9 } Ms. Skipton is also concerned about water flowage, which flows from the l west to the east. She thinks a house on that corner will aggravate the problems. She also mentioned concerns of snow left on the corner and vehicles not stopping for the stop sign. The City Planner read the letter from Mr. Mead opposing the conditional use permit because of the small lot size and shape, run-off which will flow through his property, fill used for the lower part of the lot con- sisting of debris and he thinks this use will have a negative_ effect on his property value. Schmitt/VanMaldeghem moved to enter the letter dated July 18, 1985 from James T. Mead into the record. Motion carried unanimously. Ken Bauer, 3693 So.:th Marschall Road, thought the area where the debris was buried is very close to where the house will be, if not right under it. Mr. McKush stated all the fill brought in was clay. Any of the junk that was on the property was moved to the side and pushed in a hole. He said the property was used as a dump for many years, and he thinks this greatly improves the property. Don Battcher, 15251 Howard Lake Road, said he lives right next to Mr. Timmermann, and he would like to voice his objection to permitting a dwelling on such a small parcel. He said they have a continual problem with water running through this property and he thinks the placement of this house will add to the problems. Mr. Roger Bauer said it is his understanding that Mr. McKush is just going to move in this house to sell it and make a quick buck and then build his own house along the golf course where he wants it. He thinks it will look nice for a while before the problems start. He also suggested if it is allowed, to bring the driveway out to the existing one and leave in the one to his property. The City Planner clarified the code requirement for setbacks from the pro- perty line for the placement of the house. Mr. McKush said the bottom of his property is referred to as a marsh, but Bo said it is nothing but good, sandy clay and pointed out an oak tree stump, which a marsh would not support. He said the water will be no more than what is presently running. He asserted that some of the complaints are not against this application to move in a house, but against conditions he has no control over. He said one of the neighbors will be asked to move his fence back on his own property and the other is asked to move his truck and junk back on his property. He asked more about where the water comes from and where it flows, and pointed out that its path is the very corner of his property and will not be affected by the placement of a house. - His intention is to move into the home within one month and live there with his wife. He said the fill which was brought in is good, hard clay which comes from the golf course where there are no trees in sight. Chrm. Czaja asked if there were any other comments, and there were none. July 18, 1985 Page 10 Schmitt/VanMaldeghem moved to close the hearing. Motion carried unanimously. Schmitt/VanMaldeghem offered Conditional Use Permit Resolution No. 413, to allow the moving in of a single family dwelling, and moved its adoption subject to the following conditions: 1. The house must have a manufactured house seal and State inspection certificates. 2. Entrance Permit and Moving Permit is issued by Scott County Highway Engineer. 3. The Building Official approves on-site disposal system and well location and design, and the well shall not be located in the road right-of-way, and both shall meet MPCA standards. 4. Certification from Geotechnical Engineer that the foundation and subgrade are acceptable for anticipated loads; such certi- fication subject to the receipt of a minimum of 6 soil borings, one at each of the 4 corners and 2 internal borings, to support certification. S. The basement floor must be a minimum of 3 feet above the high- est known water level, identified as the 100 year level. 6. All required building setbacks must be met. 7. Applicant must take out a fill permit for the fill already in place on the site and any other fill to be placed on site. 8. Power line easement be identified and recorded. 9. Applicant will be responsible for determining, jointly with the City Engineer or City's consulting engineer, that drainage is or is not disturbed, and if determination is that the drainage has been disturbed, applicant is required to obtain easements from the affected property owners. Comm. Schmitt commented he has intentionally avoided the question of per- manent access as he believes that is a legal question that this Commission cannot deal with. He also commented that we cannot dictate good driving habits in the area. Comm. Stoltzman arrived and took his seat at 10:04 p.m. Discussion followed regarding the sanctions for placing fill without a per- mit. The City Admr. commented that the City can charge double permit fees, but he isn't sure if this applies to fill and excavation process. Consen- sus was to leave that up to the Building Inspector. Motion carried with Chrm. Czaja opposed. Chrm. Czaja advised the audience of the 7 day appeal process. PUBLIC HEARING - C. S. McCROSSAN CONDITIONAL USE PERMIT AMENDMENT Pomerenke/Stoltzman moved to open the public hearing regarding the request by C. S. McCrossan for an amendment to Conditional Use Permit #377 for an extension to operate a temporary asphalt plant for an additional 90 days on the racetrack site. Motion carried unanimously. Shakopee Planning Commission July 18, 1985 Page 11 The City Planner went over the background of this request. She said the use would be for off-site work and has nothing to do with the racetrack. Staff recommendation is for denial, as it would cause an unfair competi- tive advantage. Comm. Schmitt recalled that the contractor stated the placement of the temporary plant was not an economic judgment in making the bid for 4th Avenue, and placement of the plant away from the site would not be an economic hardship. Chrm. Czaja asked for comments from the audience, and there were none. VanMaldeghem/Stoltzman moved to close the public hearing. Motion carried unanimously. Lane/Stoltzman offered Conditional Use Permit Resolution No. 377 and moved its denial. Motion carried unanimously. DISCUSSION - 13TH AVENUE RESIDENTS RE-ZONING REQUEST The City Planner went over the considerations and background of this request, which is made primarily because of their inability to sell their homes be- cause the financing will not be accepted as long as they are in an indus- trial zone and are legal non-conforming uses. Perry Cheever, 9095 13th Avenue East, asked for a zoning change to resi- dential because they can't sell their homes because of the industrial zoning. He said when he built his home in 1978 it was residential, and he was never informed of the change to industrial. He said he sold his home and moved all his things to Arkansas and then the financing fell through and he had to come back. He said there are several in the same situation. He said the rest of the lots in the subdivision are now made into parking lot, except for a couple of the neighbors who may have an extra lot. He doesn't know of any other platted lots out there except what they own. Comm. VanMaldeghem commented on the many public notices and hearings that were held in the mass re-zoning that took place in 1978-79. Mr. Cheever said when he built his house there in 1978 he wanted to put in a hoist, and the Building Inspector said he couldn't because it was residential, and he didn't indicate it was going to be industrial. Considerable discussion followed regarding the history of the City-wide zoning and thinking which placed an industrial zoning in this area. This area is bounded by a gravel pit on one side and a junk yard on the other, and it was looked at as being transitional. Comm. Schmitt commented that because of the neighborhood to the east, it would not be unreasonable to rezone this to residential. Discussion followed about the number and uses of the lots in the area. Mr. Cheever said the parking lot is for the customers to the junkyard. The City Planner suggested making a detailed determination of the lots of record before a rezoning would take place. Several other requests were made by residents of that area to have their address changed to Shakopee, check on utilities and get adequate dust control on 13th Avenue. The City Admr. addressed their concerns. Snakopee Pianuing Commission July 18, 1985 Page 12 VanMaldeghem/Schmitt moved to direct staff to schedule a public hearing to consider the request for rezoning this portion of 13th Avenue from I-1 to R-1. Motion carried unanimously. Schmitt/VanMaldeghem moved to direct staff to seek legal opinion regard- ing the vacant lots within the area that wishes to rezone as far as how the future development would be affected, and how to best define the boundary of the area that wishes to be rezoned. Motion carried unanimously. DISCUSSION - JOHN DUBOIS DEVELOPMENT REQUEST The City Planner said she does not feel comfortable with this proposal, and she is seeking direction in two main areas: 1) is the proposed use of mini-storage cubicles a permitted use within the B-1 District; and 2) whether the proposed storage building is a permitted accessory use. The applicant is proposing the existing house be used as an office and security base for the mini-storage business. Discussion followed regarding the present use of the property, existing dwellings and access problems. Gail Tucker, Marschall Road Business Center, attorney representing Mr. DuBois, said he thinks this piece of land is strange for a B-1 designa- tion. However, he thinks mini-storage is an excellent choice for this property as there is some customer contact but not a lot and he thinks it would clean up some of the mess that is in the area. This development would get the property into a conforming use. He said if there is a major concern with having two structures, they can be connected. He is basically trying to get an agreement that this business is a conforming use. He maintains it would fit under service establishment. Discussion continued regarding the subdivision of this parcel and the various owners and uses, and the possible listed permitted and condi- tional uses under which it could conform. Mr. Tucker said Mr. DuBois looked into moving the home, which is financially not feasible. The City Planner said storage uses are specifically -ad- dressed in I-1, as is warehousing. The City Admr. suggested checking with other communities to see how they handle mini-storage businesses. Comm. Schmitt requested a picture of this whole piece of property from Third Ave. on the west to the frontage road on the east, to get an idea of boundaries and homes and ownership of the over-all area. Schmitt/VanMaldeghem moved to direct staff to give the Commissioners an over-all objective on the land use, ownership and structures as one docu- ment before consideration of this request, and direct staff to research the application and platting of the John Clay property on CR16 which has mini-storage to find out the zoning applications used. Motion carried unanimously. Comm. Schmitt also requested research on the original application by Mr. DuBois for the boat storage for which he built that first building. Shakopee Planning Commission July 18, 1985 Page 13 l The City Admr. suggested putting the review of the Capital Improvement Plan on the first part of the agenda on August 8, 1985. DISCUSSION - VARIANCE AGREEMENT VanMaldeghem/Lane moved to recommend to City Council that an indemnifica- tion agreement become a standard requirement of the City of Shakopee for all variance applications going to the Board of Adjustments and Appeals. Motion carried with Comm. Rockne abstaining. INFORMATIONAL The City Planner informed Commissioners that City Council approved the Preliminary Plat of Palace lst Addition with conditions as recommended. The City Planner informed Commissioners of the City Council's actions regarding the Notermann plat, which it referred back to the developer and Planning Commission because they were not comfortable with the 100 feet of variance recommended. The City Admr. added the comment that was made relative to getting the same number of units by constructing 3 6-plexes instead of 4 4-plexes and not have to have variances. Discussion followed. The City Planner said the City Council agenda for August 6 is filled with the three Planning Commission appeals of Baron, gravel pit and Palace conditional use permit. - Discussion followed on the need for additional Planning Commission meet- ings. The City Planner said she is planning on a workshop meeting for September, and asked if anyone had any items for discussion at that time. She is reserving the right for another meeting in August, if necessary. Discussion followed relative to limiting the agenda to allow meetings to end earlier, and procedures followed in setting up public hearings and continuances for lack of submittals. The City Planner explained that when materials are submitted, there is a need to get a notice in the paper for the public hearing right away to allow the specified number of days, and it is only later in the review process that it might be determined that information is missing. Because the original people are not notified of continuances, she thinks it is important to get the information out at the scheduled public hearing. Comm. Schmitt suggested an administrative policy that staff has a 48 hour review period before a public hearing is set. He then suggests that if information is missing and the hearing has to be continued the hearing can be opened, comments from interested parties can be taken, but without a presentation by the applicant, and the hearing is continued. He suggests limiting comments to 3-5 minutes, as allowed by Roberts Rules of Order. Discussion followed on the advisability of that. Comm. Schmitt suggested for variances the City Planner should make the presentation, the applicant should make his presentation to show cause, and only then would the Commissioners comment. Comm. Lane said Minnetonka's policy of a 30 day application period before scheduling anything makes sense. Comm. Schmitt countered that developers think the City is too difficult now. The City Admr. suggested putting these suggestions into a policy format and bringing them back for further refinement and vote. July 18, 1985 Page 14 Comm. Stoltzman and Rockne initiated discussion on behalf of Larry Menthal, who thinks the City Planner is making things difficult for him in a simple request to buy some property anc' remove a garage. Comm. Rockne explained further the circumstances involved. The City Planner refuted the claims and stated this is exactly the type of action the Commissioners do not want to allow--when someone wants to buy some property by a metes and bounds description and not go through the City's procedures for subdivision. Schmitt/VanMaldeghem moved to affirm staff's interpretation of the ordi- nance in this case and encourage the City Planner to continue her judi- cious interpretation of the ordinance. He commented that if someone feels staff has not made a correct interpretation, there is a procedure to fol- low to get it on the agenda. Motion carried unanimously. The City Admr. invited the Commissioners and families to the first annual recognition picnic for all boards and commissions at Lion's Park August 14, 1985 at 5:30, where the City will provide food, swimming and use of the water slide free until 6:30 p.m. They will be receiving a formal invitation. VanMaldeghem/Lane moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:58 p.m. Judi Simac City Planner Diane S. Beuch .Recording Secretary --y 18, 1981,- To 8, 1985To Whom It May Concern: Due to prior commitments I will be unable to attend the public hearing by the Planning Commission on Thursday July 18, 1985, to consider the application by Don McKsuh for a Conditional Use Permit to move in a single family dwelling upon property located at the NE corner intersec- tion of CR #17 and CR #81 . As the homeowner of 17 years on the adjacent property to the East I would like to voice my opposition to this proposal for the following reasons: 1 . The lot size does not meet building specifications. 2. The shape of the lot will not allow proper set back from CR ##17 without encroaching on my property line. 3. Any run off be it surface or proposed sewage system will flow directly through my property. 4. Fill used for the lower part of the lot consisted of dead trees and debris, including old tires. 5 . The applicant purchased the above property with full knowledge of the building requirements and should not be considered a hardship cause nor make any claim to Grandfather Rights. 6. I feel that this proposal will have a negative affect on my property value. 1 / Respectfully submitted by, Frank J. Mead Property Owner 15201 Howard Lake Rd. N.W. Shakopee, MN. 55379 J TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee , Minnesota August 8 , 1985 Chairman Czaja Presiding: 1) Roll Call at 7 : 30 P.M. 2 ) Approval of July 11 , 1985 Minutes 3 ) 7 : 30 P.M. CONTINUATION OF PUBLIC HEARING: To consider the decision that said appellant may not construct a second floor apartment addition to the existing legal nonconforming used car lot at 114 North Holmes , located in a B-3 District. Applicant: Jack Brambilla Action: Appeal Resolution No. 418 4 ) Other Business 5 ) Adjournment Judi Simac City Planner CITY OF SHAKOPEE TENTATIVE AGENDA PLANNING COMMISSION Special Session Shakopee , Minnesota August 8 , 1985 Chairman Czaja Presiding: 1. Roll Call at 7 : 30 P.M. 2 . Approval of August 8 , 1985 Agenda. 3 . Approval of July 11 , 1985 Minutes . 4 . Approval of July 18 , 1985 Minutes. 5 . 7 : 40 P.M. CONTINUATION OF PUBLIC HEARING: To consider the Preliminary Piat Approvai of Canterbury Village lying South of County Road 16 and East of County Road 17 . Applicant: Inca Development Action: Recommendation to City Council 6 . 7 : 50 P.M. CONTINUATION OF PUBLIC HEARING: To consider the Planned Unit Development Preliminary Plat of Shakopee Valley Square lst Addition, which is a replat of Halo 2nd Addition and a 28 acre parcel lying North, located on the Northeast corner of the intersection of Highway 101 and County Road 17 . Applicant: Wallace Bakken Action: Recommendation to City Council 7 . 8 : 00 P.M. PUBLIC HEARING: To consider the rezoning request for the NE 4 of the SZ of Section 12 , Township 115 , Range 22 from I-1 Light Industrial to R-1 Rural Residential. Applicant: City of Shakopee Action: Recommendation to City Council 8 . 8 : 10 P.M. PUBLIC HEARING: To consider the Preliminary and Final Plat Approval of Canterbury Park lst Addition lying on Lot 2 , Block 3 , Valley Park First Addition. Applicant: Scottland Inc. Action: Recommendation to City Council 9 . 8 : 20 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to conduct retail sales in the principal building in 150 or less of floor area upon the property located on Lot 1 , Canterbury Park 1st Addition. Applicant: Landscape Junction, Inc. Action: Conditional Use Permit Resolution 421 10 . 8 : 30 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to operate as a color consultant out of her home located at 673 Monroe St. S. Applicant: Linda Mary Lund Action: Conditional Use Permit Resolution 422 11 . 8 : 40 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to move-in a principal building to be used as a classroom upon the property located in the NW 4 of Section 12 , Township 115 , Range 23 . Applicant: Independent School District #720 Action: Conditional Use Permit Resolution 423 12 . 8 : 50 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to construct a building addition in a B-1 District upon the property located at 1266 E. 1st Ave. Applicant: American Legion Action: Conditional Use Permit Resolution 424 13 . Discussion: Final Plat of Hauer 3rd Addn. Action: Recommendation to City Council 14 . Discussion: Development Request by J. DuBois 15 . Discussion: Capital Improvement Program E Action: Recommendation to City Council 16 . Discussion: Correspondence as Part of the Record 17 . Informational: a) Second meeting on August 22 , 1985 18 . Other Business 19 . Adjourn Judi Simac City Planner CITY OF SHAKOPEE TENTATIVE AGENDA Downtown Ad Hoc Committee City Hall Council Chambers August 7 , 1985 7 : 30 A.M. Chrmn. Laurent presiding 1. Call to Order at 7 : 30 A.M. 2 . Approval of the Agenda 3 . Approval of the minutes of July 31, 1985 . 4 . Update on City Hall Siting Committee Action. 5. Update on Parking Lot Project. 6 . Downtown Streetscape Assessments - bring June 19th memo from June 26th agenda a. Assessment of non-conforming residential uses b. Assessments for undergrounding electrical C. Assessment credits for previous assessments d. Assessment credits for building rehabilitation e. Other 7 . Other Business 8 . Adjourn at 9 : 00 A.M. Jeanne Andre Community Development Director CITY OF SHAKOPEE IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE CALL JEANNE OR TON! TO LET THEM KNOW PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, MINNESOTA July 31 , 1985 Chrm. Laurent called the meeting to order at 7 : 35 A.M. with the following voting members present: Terry Forbord, Gary Laurent, Jim Stillman, Joe Topic and Bill Wermerskirchen Jr. Tim Keane and Dan Steil arrived late. Absent: Steve Clay, Don Martin, Mike Sortum, Dick Stoks , Jerry Wampach and Pete Sames. Also present: Jeanne Andre, Community Development Director, John Anderson, City Administrator, Lee Stoltzman, Liaison to Planning Commission, Tim Erkkila, Barb Cross and Dick Koppy of Westwood Eng. and Wil Schroers . The committee received a letter which will be sent to the City Council recommending that Council consider the vacant Minnegasco building as a site for the new City Hall and requested permission to speak to this issue when the City Council considers its report from the City Hall Siting Committee. Tim Keane and Dan Steil arrived at 7 : 45 A.M. Terry Forbord/Tim Keane moved to send said letter to Mayor Reinke and the City Council for their consideration. Joe Topic abstained. Motion carried. Tim Keane/Jim Stillman moved to approve the agenda. Motion carried. Tim Keane/Terry Forbord moved to approve the minutes of the July 17th, 1985 meeting. Motion carried. Jim Stillman/Joe Topic moved to approve the minutes of the July 24th, 1985 meeting. Motion carried. A memo from the Community Development Director assessed a meeting she had with Westwood Eng. on July 29 regarding the Downtown parking lot and streetscape project. The conclusion of the meeting was that any project that is to be assessed cannot reasonably be completed because of the time schedule. She asked for directions on the best approach to implement the project and gave the Committee the following alternatives for consideration. 1. Request the City Council to authorize the parking lot project to be constructed with tax increment funds and proceed to build the project this fail. 2 . Recommend to the Council to keep parking lot and street- scape project together, both to be assessed, hold assessment hearings this fall and do the construction in the Spring of 1986 . 3 . Request the City Council to authorize the parking lot project to be constructed with tax increment funds , but combine this project for construction purposes with the streetscape project and build it in the spring of 1986 . Dick Koppy of Westwood Eng. shared cost estimates for the parking lot by presenting Estimate of Cost Alternative #1 - the parking lot south of 2nd Ave. and Estimate of Cost Alternative #2 - the redevelopment of 2nd Ave. , North of the parking lot from Holmes to Lewis. He expressed a concern that it is late in the year and thought City would be subject to high bid prices. The total estimated cost for the complete project is approximately $240 , 000. The City Administrator explained, the various tax increment districts and how the tax increment funds from the racetrack and K-Mart will be dispersed leaving approximately $600 , 000 for the City match streetscape project. Wil Schroers expressed his opposition to eliminating parking spaces on 2nd Ave. between Holmes and Lewis. Tim Erkkila explained his survey on parking needs and his conclusion that the planned parking spaces are sufficient. Dan Steil indicated his desires , with consensus of other committee members , to proceed with the parking lot project this fall, but if bids come in more than loo above the engineer ' s estimate, to rebid the project in the Spring. Dan Steil/Terry Forbord moved to go ahead with planning and development of parking lot, financing it through tax increment available, and recommend that the base be completed this fall which would include ripping out concrete curb and asphalt, clear site, put in some catch basins , install aggregate base and curbs , base curbs and underground wiring and that City Council be informed that most of the streetscape is not included in this project, but will be constructed as a separate project next spring. Landscaping and lighting as listed after the first subtotal in the estimate will be bid as an alternate, and may or may not be included in the 1985 project, depending on the bid prices. Motion carried. Joe Topic/Tim Keane moved to adjourn at 9 : 05 A.M. Motion carried. Darlene B. Schessc Recording Secretary MEMO TO: John K. Anderson, City Administrator FROM: LeRoy Houser, Building Official RE: Merchant Hotel Inspection Report DATE: August 1 , 1985 Introduction: As I informed you two weeks ago, I, with the assistance of the State Board of Health, conducted an inspection of the Merchant Hotel . Background: The inspection was conducted on July 31 , 1985 . The inspection revealed numerous electrical code, fire code, housing code, health co3-e--an-U--Hotel statute violations . These violations were to the degree that they constituted an immediate threat to health and life safety. In addition, this facility was operating without a state license. Action Taken: Orders were issued by me for repair and vacation of the premises by 9 : 00 a.m. on August 1 , 1985 . Assistant Police Chief John DuBois and I met with one of the owners on 7/31/85 at 7 : 30 p.m. to view the VCR tape_ inspection report on this property. After the viewing he was asked if he would allow his wife or child to spend a night in the building, his answer was no. The HRA Director contacted me and requested I refer the owner to her for a possible rehab loan or grant. He will be in contact with her. Preparatory to the inspection, I contacted Human Services two weeks ago and informed them of the pending inspection. I told them if conditions were as bad as we have been informed, then we would be closing the hotel and they should be prepared to find suitable housing for any people they may have in the building. LH: cah Attachment i CITY OF SHAKOPEE INCORPORATED 1870 i 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 f f'q{ ear i r t July 31 , 1985 J Mr. Ray Siebenaler 119 West 4th Avenue Shakopee , MN 55379 Dear Mr. Siebenaler: Please be advised on July 31, 1985 an inspection of the Merchants Hotel in Shakopee was conducted by the Shakopee Building Inspector, Minnesota Division of Hotels and Motels and the Shakopee Police Department. As a result of numerous fire code, electrical code, building code, and hotel statute violations , we have posted this building as unfit for human habitation. We have ordered the vacation of all paying guests from this premises no later than 8/1/85. Upon completion of the following deficiencies we will remove the posting of this facility: 1 . Remove all debris and open garbage from all rooms . 2. Make operative all products of combustion detectors . 3 . Correct all electrical code violations and remove all extension cords . 4. Remove all debris from under exit stairs on second floor and secure door. 5 . Make stand pipe on second floor operational. 6 . Install screens for all windows and repair all broken windows . 7 . Make all electrical switches and outlets operational . 8 . Make bathroom floors impervious to moisture (carpeting urine stained) . 9 . Repair all leaking faucets . 10. Remove all electrical cooking and frying pans from rooms . 11 . Repair all fire penetrations in halls , walls , floors and ceilings . 12. Remove all debris and combustionables from storage room on second floor. 13. North exit stair ceiling light has penetration and non- code light installation. 14. Eliminate all open stored food items in rooms . 15 . Secure all loose carpeting in halls and rooms . 16 . There is evidence of water infiltration on the third - floor, walls and ceilings are water stained, and plaster is rotting . Infiltration could constitute The Heart of Progress Valley A/, F11/C' (IDDryD+ r V-ry e ln,n, - Ray Siebenaler July 31 , 1985 Page -2- potential shock hazard. 17 . Repair ceramic floor tile on second floor bathroom in front of stool . 18 . Recharge all fire extinguishers . 19 . Repair ceilings in hallway on second floor. 20. Rewire light in hallway on second floor. 21 . Remove gas lawn mower from back porch. 22 . Comply with all state licensing requirements relating to clean carpeting, mattresses , bedding, pillows , etc. 23 . Secure hotel license before reopening as a hotel . If you have any questions please feel free to call . Sincerely, LeRoy HH ser Building Official LH: cah cc: Paul Burtelson 6500 Flying Cloud Dr. Eden Prairie, MN 55344 Carol L. Moore Trapp P.O. Box 442 Mound, MN 55364 David J. Kelly Attorney at Law 4725 Olson Memorial Highway Golden Valley, MN 55422 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 6 , 1985 Mayor Reinke presiding 1] Roll Call at 7 : 00 P .M. at CITIZENS STATE BANK - 1100 East 4th Avenue 21 Recess for an H.R.A. Meeting 31 Reconvene 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) #7] Approval of Minutes of July 9th and 16th, 1985 81 Communications: a] John Ostdiek, Northern Racing Corp . re : Hwy 101 traffic 9] Public Hearings: 7 :00 P .M. - Appeal. by John C . Ostdiek of the Planning Commission approval of a Conditional Use Permit to construct a Class II Restaurant on property east of J . I . Case and west of Raceway Park 101 Boards and Commissions : Downtown Ad Hoc Committee: tea] City Hall Siting b] Downtown Parking Lot Improvements Planning Commission: cl Preliminary Plat of Hentges 1st Add'n. - 1513 West 3rd Avenue d] Preliminary and Final Plat of Eagle Creek Junction 1st Addition lying East of CR17 and South of CR16 e] Appeal by Scott County Lumber Co. and Bert Notermann,>of the Planning Commission denial of a conditional use permit to remove sand and gravel aggregate in the SW corner of the intersection of CR-16 and CR-83 (bring information received. for July 9th hearing) f] Rezoning request from I-2 to B-2 for a 10 acre parcel lying within the NE 1/4 of the SE 1/4 of Sec . 4-115-22 (700 _CR-83) Applicant, Baron Development Corp . /Cecil Behringer (bring 8c from 9/16 agenda) #g-] Use of An Agreement to Indemnify -the City When Variances are Granted Energy and Transportation Committee : #h] Van Pool Holiday Policy Amendment and Fare Policy Poll JO4'EJgSzuzwpV �4TO UOSjapuV •x ugor *N* d OO: L 4u S86T `CT 4SnY�nV `,�upsany o4 ujnoCpV [tT [o [q 4uawa2?UuuW ozggu,zs jog �joujgaoug 'ulna 144TM quawaajz 3V [�# : ssauzsng ,aau40 [ST T-S86T uoT4onj4suooaE anuanV u4b JOJ sptg jog pV 2uzzz,zog4nV pue soadS JR suuTd 23uzno.zddV ` TZVZ •oH •Sa-d [q Z-S86T uOT4v4TTTgL3gGE 4GGJ4S poOMaTBug uo pzg 2UT4daooV ` ZZVZ *ON •saE [p : SGDUUUTPJO PUC SUOT4nTosa' [FT aTq-e4 uo - (9 18 S `t7`S STaO.Iud) ssudAg TOT A-eMT42?tH JOJ U014TsznboV M-O-E JOJ TTouno0 4aIq g4TM 4uawaGJ2V u•eOq [b aTqp4 uo - 31JOM Aumg2TH :�unjl JOJ UOT40GTGS 4uv4Tnsuo3 [d jequa0 uoi4ngTJ4sTG 4Juw-x 04 suoz4zppV 4uuJPAH GJTZ [o anuanV g4jnod - SauawaAojdwl G4TS-gg0 xO J4GOuE aadoNuLls [u GATJC gUOPUUUGgS 04 gg-230 - anuanV g4jnoZ uOT4TsznboV M-0-U [w 4uaw4jpdaQ 2utpTTng - s4uawpuawV 4e2png [T* wa4sAS auogdaTaz sa07AJGS A4zunwwo0 [N TTTq GAOjddp - adps TPuOT4OwOJd aadoxuuS [ r* SS 'GSS` 8TZ$ go 4unowu uz sTTTq GAoj ddV [T Jud gedq-es 4u pum4spuuJD TTugasug jog aaJ 4TwJGd 2?uzpTTng go JGATeM [u# 4uawpuawV 4a2png 4uawdOTanaQ A4Tunwwo0 [2�# ./�q,zadOJd snTdjnS go aTeS [g# S86T JOJ TusodoJd 4TpnV [a# w-ea2OJd GBu04JOW awoH T�dzozunW [p* z4TGH Aoxa7 144TM 4OuJ4uo0 go TuMauaH [0* xonil anosGU 4uewdznbg Te4Tduo [q# ' OUI UOT4UTOOSSV awoH sngwnTOO JO S4u2zux wo.zg asuaOTq ,zaag Z •C Ajejodwas JOJ uoz4-eO'TddV [p :ggu4S wO,zg s4joaeE [TT wa4s,�S punoS s.zagwuu0 Tzouno0 [ C GUTTp-eaQ J04u aaua0 a_G4oejuT4D [z * UOTSSzwwOO AJOSznpV SUOT4uozunwwo0 aTquo :panuT4uoo suozsszwwo0 puu spipog [OT -Z- Gfud S86T 19 4sn2�nV VGMHDV HAIZV, Nal TENTATIVE AGENDA Housing Authority in and for the City of Shakopee, Minnesota Regular Session August 6 , 1985 Chairperson Vierling presiding 1. Roll Call at 7: 00 P.M. 2. Approve minutes of July 2 , 1985 3 . Update on Housing Alliance Downtown Project 4. Other Business a. b. 5 . Adjourn to August 13 , 1985 , at 7 : 00 P.M. Jeanne Andre Executive Director CITY OF SHAKOPEE PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA JULY 2, 1985 Chrm. Vierling called the meeting to order at 7:03 p.m. with Comm. Lebens, Wampach, Colligan and Leroux present. Also present were Jeanne Andre, HRA Director; John K. Anderson, City Admr. ; Judith S. Cox, City Clerk and Julius A. Coller, II, City Attorney. Leroux/Lebens moved to accept the Special Call of the Chair. Motion carried unanimously. Leroux/Wampach moved to approve the minutes of June 4, 1985 as kept. Motion carried unanimously. The HRA Director explained the cooperation agreement with Scott County HRA. Colligan/Leroux offered Resolution No. 85-23, a Resolution Authorizing the Execution of an Administrative Services Cooperation Agreement with the Scott County HRA, and moved its adoption. Motion carried unanimously. The HRA Director explained her request for design assistance to help pro- perty owners in the downtown area keep the historic character in their re- development activities. She added this would be in addition to the street- scape and landscaping activities, and would be more for private building facades. She recommends a firm with historical restoration background. She had been informed that it doesn't cost any more to restore in keeping with the historical background, its just the way it is approached. Wampach/Leroux moved to direct staff to develop a downtown facade design grant program, with $10,000 from the HRA fund balance, whereby assistance would be provided to design facades for new development and rehabilitation projects which are in keeping with historic downtown Shakopee, with grants to be for 50% of design fees or $500, whichever is less. . Motion carried with Comm. Lebens opposed. The HRA Director asked any Commissioner who is interested in attending the NAHRO Conference on July 19-20, 1985 to contact her. Colligan/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:14 p.m. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary 7 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 9, 1985 Mayor Reinke called the meeting to order at 7:05 p.m. with Cncl. Wampach, Vierling, Leroux and Colligan present. Cncl. Lebens was absent. Also present were John K. Anderson, City Admr. ; Judi Simac, City Planner and Rod Krass, Assistant City Attorney. (Meeting held at Minnesota Federal Bldg. ) Colligan/Leroux moved to approve the minutes of June 18, 1985 as kept. Motion carried unanimously. Leroux/Colligan moved to accept, with regrets, the resignation of H. R. Spurrier, City Engineer, effective July 17, 1985, and to direct the draft- ing of a resolution complimenting him for his service to the City. Motion carried unanimously. The City Admr. outlined the requirements of the position of City Engineer and asked for authorization for advertisement for a replacement. Leroux/Colligan moved to authorize advertisement to start normal recruitment procedures to fill the position of City Engineer. Motion carried unanimously. Colligan/Leroux moved to require in the future 30-60 days notice for resig- nations of department heads. Motion carried unanimously. Colligan/Vierling moved to open the public hearing regarding the appeal by Scott County Lumber Co. and Bert Notermann of the Planning Commission's denial of a conditional use permit to remove sand and gravel aggregate in the Southwest corner of the intersection of CR16 and CR83. Motion carried unanimously. The City Planner enumerated the submissions to the City Council in this mat- ter, and pointed out recommended amendments in condition nos. 4, 11 and 13. Mr. Timothy Thornton, 2500 First Bank Place West, Minneapolis, attorney for the applicant, went over the background of the original application for con- ditional use permit in 1981 and of the current application for conditional use permit and mining permit. He maintained there were no facts in the record to support any of the findings of the Planning Commission to deny the appli- cation. He stated it is the City Council's duty to find out if there is any factual basis for denying the application and if none is found, the use must be permitted. Jim Merila, of Merila & Assoc. , Inc. , Engineers, Surveyors and Site Planners, of 7216 Boone Avenue North, Brooklyn Park, MN, used various maps and boards to show the location of-the proposed site, the surrounding land uses and drainage configuration. He said the proposed project will cut down substan- tially the amount of drainage currently on the properties. He pointed out that the proposal calls for a three phase project with the first phase to the north with approximately 40 acres, the center area of approximately 50 acres and the southwest with approximately 60 acres. There will be berms around the entire site, with drainage being contained, for screening purposes. Shakopee City Council July 9, 1985 Page 2 Mr. Merila continued his presentation showing the location of the crusher and stockpile and more detail about each phase. He said all noise abate- ment ordinances will be complied with and each phase will be reclaimed while the next phase of operations is beginning. The slopes into the pit will be 5:1, which is farmable and the entire area will be reclaimed by the utiliza- tion of 2 feet of topsoil that will be reserved on the berms. He said that upon completion, there will not really be a big depression, as there will only be about a 20 foot rise to CR83, which is only a couple of inches lower than the ditch area now. Mr. Merila stated the first recommendation is that the entire area be re- claimed for agricultural purposes. However, they have also done a feasibility study for providing utilities to the area, and showed an overview layout which . could be utilized as commercial, industrial or residential. Mr. Merila stated they estimate 70 trucks per day, making 140 trips, which is computed on the basis of the annual production of 100,000 cubic yards per year removed from the site. He said if the same property was developed as single family residential, that 130 acres would generate 325 homes, with 2.5 acres per home, which would generate 3,250 car trips per day. So in comparison the gravel pit generates only 5% of that traffic. Dust control would be handled by water trucks which purchase water from City hydrants. There would be no fuel tanks on site. Mr. Merila showed slides showing the type of slope which would be created, the equipment that would be used and several existing developments built in reclaimed gravel pits. Mr. Merila said with the berms in place, the gravel operation would not be visible from any of the adjoining residences. He added that the slopes would be farmable, as would the gas easement. They would be 12 feet below the existing grade at the pipeline, and there would be a 20 foot difference in Phase 3, from the current grade to the proposed bottom. Alfred Caldwell, retired, formerly with the University of Minnesota Dept. of Soils Science for about forty years, stated he did teaching and research pro- jects on soil chemistry and fertility, mainly in relation to the properties of soil to crop production. He was asked by the applicant whether it was feasible to apply a layer of topsoil to the bottom of the pit. He said 24 inches would approximate the soil that now exists, which currently consists mostly of Hubbard series, loamy, fine soil which occupies about 75 percent of the proposed mining area. This is a coarse textured soil which is mostly - sand and underlaid with more sand. He explained the soils rating index which indicate that because of the texture of the soil, the low organic content and the extent of the erosion this is not prime agricultural land. In his opinion the covering of 24 inches or more with the surface soil will approximate the soils that now exist. He added the proposal would actually minimize the erosion. He explained a related project he had worked on and the evaluation showed that the yield of corn was reduced by 9 bushels per acre, except where it was heavily fertilized which was not reduced at all. They expect that within 3-5 years the land will return to full productivity. Therefore, it is his opinion that with proper fertilization and handling, there would be the same kind of soil there is now upon an application of topsoil to the bottom of the pit. Shakopee City Council July 9, 1985 Page 3 Rudolf Hoagberg, 1409 Willow Street, Minneapolis, recited the experience he has had in environmental geology and industrial minerals. In 1979 he prepared an aggregate study for Mn/DOT to determine whether there was an aggregate shortage in the State. They studied 4 counties, and found there was a lot of aggregate, but unfortunately the aggregate needs to be by the people for the development projects. He thinks the proposed operation with 130 acres would be classified as one on the high end of the intermediately significant operations. The general rule is if gravel is hauled 10 miles it doubles in price. Therefore, it is important to have the gravel close to where it will be used. He feels the community has an obligation to util- ize a resource everyone needs for the common good. Mr. Hoagberg gave further information gathered from the three holes drilled to the bedrock and showed on charts what exists below the surface. The water table is 75-80 feet below the surface, and there is a tremendous amount of gravel shown. He said one of the concerns is what happens to the water table in a mining operation, and whether there is carbon and clay to filter the water. This soil has little of those properties, but it doesn't matter if there is a gravel pit in this area because of the depth to the water table. He doesn't believe there is any adverse affect on the water from a gravel operation. John Shardlow, Landscape Architect and Certified City Planner, prepared the Environmental Assessment Worksheet (EAW) for this application. He thought the EAW should be prepared after the conditional use permit proceedings be- cause the conditions of approval put on the conditional use permit have everything to do with mitigating adverse environmental impact. However, the City wanted .the EAW prepared prior to the conditional use permit hearings. It is his opinion that if a conditional use permit would be granted there would be no findings inconsistent with the Comprehensive Plan. He did not identify any environmental impacts that could not be mitigated with condi- tions. He was not familiar with the follow-up procedures. From his experi- ence, he believes that such uses are frequently reclaimed if properly handled to function as agricultural uses. He doesn't believe this use is inconsistent with the purposes of the zoning code. He said the proposed use is listed as a specially permitted use, which is dependent upon conditions and procedures being followed. If there are sufficient grounds for denial, it can be in- consistent with the Comp Plan. But the fact that the zoning is in place means it is not inconsistent with the Comp Plan, if requirements are met. Jerry Hagemeister, 110927 Von Hertzen Circle, Chaska, appraiser, said it is his finding that the proposed operation will not lower the value of the pro- perty. He believes it is just a matter of time until that area becomes com- mercial, with the racetrack, Valleyfair, new road and intersection and the by-pass. He thinks the City has to anticipate what will happen out there in 25 years, and be sure that zoning gives the land the opportunity to its highest and best use. He doesn't think agriculture is the best use, as that is not farmab_le land. He said the value of the land is based on its future earnings and to hold it back is detrimental to the land. He believes the value will not go down because of the control the City has over the property. He did not do a specific valuation of any property. He specifically said he doesn't think the valueofthe Rutt property will go down and he thinks it will go up. Snakopee City Council July 9, 1985 Page 4 The Ass't City Attorney asked if Mr. Hagemeister had any further information which led him to his conclusions, other than what was contained in his written appraisal report. Mr. Hagemeister replied "no", but that he knows this from friends who have gravel pits near them who thought it was no problem. He said this case was unique, and he couldn't find another example like it which has this kind of criteria and restrictions placed on the operation before the fact. He said he wouldn't agree with the proposal except that the City has so much control over it. Cncl. Wampach asked about the gravel quantities of the surrounding areas. Several in the audience said they had good gravel on their properties. Mr Thornton said the gravel vein appears to extend to the north. He said that establishment of a good gravel operation on this property will enhance pro- perty values because of a similar potential on the surrounding properties. Mr. Thornton said the City's criteria are the most stringent ever placed on a gravel operation, but the applicants agree to them because they believe they can meet them and operate a successful operation and make a positive contribution to the City. There is a value to that property with its 21-2 ton of gravel, at $2.25 per ton. He asserts the City cannot confiscate that value without a finding supported by fact that there is injury to the health and welfare of the citizens. He said the Councilmembers cannot be swayed by petitions and political pressure against this project. They will be happy to explore reasonable changes and conditions that will make it more suitable. However, he believes grounds for denial do not exist and the application must be granted, and they will go to Court if it isn't. Leroux/Vierling moved for a five minute recess at 8:45 p.m. Motion carried unanimously. Colligan/Vierling moved to re-convene at 9:00 p.m. Motion carried unanimously. Dennis Moriarty, 206 South Scott Street, attorney for the Rutts and Schneiders, stated that just because a gravel pit is listed as a conditional use doesn't mean it has to be permitted. The most important consideration is if the application is in conformance with the Comp Plan. Mr. Shardlow, who performed the EAW, found that the application was not in conflict with the Comp Plan. He doesn't believe Mr. Shardlow read the complete Comp Plan and therefore he isn't qualified to make that determination. He warned Councilmembers to remember the various speakers' motives. He believes this application is in direct and blatant conflict with the Comp Plan. He said contrary to the assertions of two previous witnesses, this is suitable agricultural land, and Harold Schneider is a prosperous farmer on this same land. He pointed out several places in the Comp Plan which state that one of the objectives of the rural area is to maintain the agricultural use. He said Mr. Shardlow did not read the Comp Plan, and on that basis, staff made an error in its recommendation. Therefore, this project can be denied for no other reason than it is in direct conflict with the Comp Plan. Mr. Moriarty said the Councilmembers should not shy away from a difficult decision, and intimidation by threats of a Court case should not sway the Council. Shakopee City Council July 9, 1985 Page 5 Mr. Moriarty declared that Mr. Hagemeister is absolutely wrong in his opinion about property values. He thinks this operation will destroy the property value of the Rutts, which is surrounded on three sides by the proposed gravel pit. And he asserts this will also have an adverse value on the Schneiders' farm. Mr. Moriarty cited the case of Barton Contracting vs. City of Afton, 268 NW2d 712, in which a conditional use permit was denied for a mining opera- tion, an appeal Court granted the permit, and the Minnesota Supreme Court reversed the decision. In that case the Supreme Court said such a denial may not be arbitrary, but is discretionary where there is evidence of the strong desire to preserve the rural community. In Hubbard Broadcasting vs. the City of Afton, the Minnesota Supreme Court stated that the City Council made a decision that this project was in conflict with the Comp Plan. He added that Mr. Fitch will be presenting more information regarding the Naegele case, in which the Court affirmedthat denial of a conditional use permit because of aesthetic reasons is justifiable. Mr. Moriarty went over the staff's criteria for the granting of a conditional use permit. He asserted that the Rutts and Schneider's property value will be diminished; their use and enjoyment of their property will be diminished. He doesn't believe the letter submitted by Bruce Olson, geologist, is an endorsement of the project. He said the applicants are asking for a deci- sion that for 17 years this project will not adversely affect the community. He believes that 8 of the 20 criteria for granting a conditional use permit are violated. He doesn't think the information submitted is sufficient to substantiate an opinion that this will not adversely affect the ground water. He answered the implication by Mr. Thornton of the City's financial respon- sibility for the denial of the application, which is addressed in the Hubbard case. He maintains the highest and best use of this land is for farming, and granting a conditional use permit would be in violation of the Comp Plan and a violation of the rights of the Rutts and Schneiders. Ray (Bill) Fitch, 1776 CR83, said his daughter specialized in light horse handling and told him the best place in the State for horses is Shakopee. They purchased a farm which has been horse land for the last 100 years. He said he hadn't before heard that a residential area or a commercial area was planned for this proposed property, after the money is first made in gravel, which is all contrary to the Comp Plan. He said there is plenty of commercial land already in Shakopee, but not a lot of agricultural land. He said he is talking about his family's future. They are in debt for his farm, and can't afford the specialists the applicant has hired. He stated he doesn't know anyone on the Council, and therefore denies being a political pressure. He feels they have done some appreciable development in the area in the fixing up of the run-down farm they bought and the erection of an indoor riding arena. Mr. Fitch said he deosn't feel very safe in all the conditions recommended for approval of the application. He explained his farm's name is "Seranna", meaning "serene" and "Ann" for his wife and daughter. He expressed that his horse farm is completely incompatible with mining gravel next door. He introduced a video presentation he will be making. Shakopee City Council July 9, 1985 Page 6 Mr. Thornton objected to the presentation of the video as not being relevant and comparable to the proposed project, because it showed a hot mix plant and other features that distort the application. Mr. Fitch countered that the applicants presented a lot of irrelevant material.. He maintains the video presentation is relevant because it shows what this company thinks about the land and if they respect the land and protect the neighbors. Mr. Fitch began the video presentation with a view of the C. S. McCrossan operation in Osseo, taken from the adjacent farm, which showed a dump with tires and barrels and old vehicles. The video continued with scenes of the vehicles working, dust levels 4 hours after rain.and equipment working. Mr. Fitch commented that he thinks the idea of trucking in water is completely impractical, and they will never get grass to grow on the berms, which will create more dust. He commented on the Naegele case in which the Court said aesthetics can be the sole grounds for denial of a conditional use permit. He showed picturesque scenes of the surrounding homes, farms and countryside and pointed out the lack of scenery that would occur with 25 foot high stock- piles of gravel. He pointed out that the people in the grandstand at Can- terbury Downs will be able to see over the berms into the gravel pit. He showed the Rutt home and said they will be living in a cocoon surrounded by berms. He cannot believe anyone in real estate saying that property will not be adversely affected. Mr. Fitch commented on the safety factor and pointed out the problems that will be caused by these large trucks pulling out onto busy CR83. He believes that people from a large area south of them will be using CR83 as a route to Canterbury Downs and Valleyfair. He thinks the application should be denied on the safety factor alone. He went over the 20 conditions recommended by staff which he doesn't think are practical, as it will be a burden on the neighbors to complain for en- forcement. He thinks there should be security on site at all times to ensure enforcement. Mr. Fitch said that up to tonight the applicant was relying on the 1981 Ken Lewis opinion that the real estate values would not be affected by this opera- tion, and he doesn't think that addressed the Fitch or Rutt farms, or this area in general. He suggested another condition that the applicant put up a cash bond to assure market values will not fall. Roberta Schneider, 3300 Valley View Road, said that CR83 is a City street, and this proposed gravel operation is in the middle of the incorporated City. The reason Mr. Hagemeister couldn't find a comparable situation is that the other gravel operations have had cities grown up around them, as they are- generally not started in the middle of a City. She said that even if the immediate neighbors couldn't see the gravel operation, you wouldn't have to go very far away to see the stacks of gravel and machinery. She ob- jected to the comparison of the 140 truck trips to the traffic of 325 homes, as there are no plans for 325 homes in the near future, and this application is now. ShaKopee City Council July 9, 1985 �f Page 7 Ms. Schneider said she would like more information from the drilling of the three test holes which Mr. Hoagberg spoke of. She believes the ground water will be affected by the taking off of 15-20 feet of filtration. Mr. Hoagberg had commented about the amount of gravel being left in the ground, and she believes that once this application is granted the applicants will be back to continue the operation and go deeper. At that time, it will be more difficult to deny it. Ms. Schneider commented on Mr. Shardlow's cautious statement that if properly handled the land could be returned to agricultural uses. She disputes Mr. Thornton's comments about the positive contribution of the present owners. She said in the past 15 years none of the present owners farmed the land and the low organic content of the land is proof that tenant farming has not been the best use of the land. She cited records on this land from the ASC office regarding yield, and said if yield is decreased because of the stirring up of this land in the mining operation, it wouldn't be farmable. Ms. Schneider said the comparison of this area to the gravel pits in Edina and Eagan is not fair, as this situation is not the removal of a hill, but the digging of a hole. She said there has been a lot of change in their area in the last two years, and they didn't argue with the other changes. She doesn't think any real estate person would agree that land next to a gravel pit is valuable. She admits their land value might go up somewhat because of the general location, but not to the value it should because of the presence of a gravel pit. She thinks there might be 800 to 900 acres of good gravel in that area, and think what that would do to Shakopee if that all developed into gravel pits. Ms. Schneider addressed the booklet "Aggregate Resources in the Twin Cities Metropolitan Area" in which it gives the information that Mn/DOT owns 11 gravel pits and has more under lease, with other pits located and under con- sideration. The booklet speaks of the need for further research on the need for aggregate resources. It says the resources in Dakota, Scott and Hennepin Counties exceed the demand. It also states that the lowest estimated demand for aggregates would occur in Scott and Carver Counties, because they are expected to remain rural in nature for the most part for the next 20-25 years. Ms. Schneider asked for consideration of the whole community and what it would do to rural-areas and the City's reputation. When they sought signatures against this proposal, people were amazed that a gravel pit would even be considered within the City. She maintains that by the applicant's own figures, the gravel is destined elsewhere than Shakopee and therefore, there would not be that much savings for the City and County. She also doesn't think the water safety factor was addressed sufficiently, with the proposal sitting on top of the Prairie DuChein aquafer. She doesn't see any benefit to the City. Harold Schneider, 3300 Valley View Road, pointed out the location of his property. He said last year Pioneer Seed conducted tests which showed 140+ bushels per acre on his land. If the reclaimed property ends up with only 20 bushels per acre, it is not farmable. He said if real estate taxes remain the same he will pay $112,000 in taxes in the 17 years of this operation. He firmly believes this will devaluate his property, because given a choice no one will buy next to a gravel pit. July 9, 1985 Page 8 Shirley Rutt, 1750 CR83, said that Shakopee is well-known all over for its amenities and people are appalled to hear that a mining permit is even under consideration. She asserted that 17 years of disruption on this land is hardly a good use when this is the time that Canterbury Downs spin off development is occurring. From the Aggregate booklet mentioned earlier, the State recommends a buffer of one mile around a new gravel pit, not the 30 feet proposed in this application. If the foot is in the door with the granting of this mining permit, what is to stop it from encompassing the whole surrounding area, and creating a large hole in the middle of the area. If they want to sell, who will purchase their land, other than the gravel pit operators at their price. She feels they are the exception in property values by their location, and there has been no mention of just compensation. She complained that all they hear about is trees and berms and maybe enough water to flood them out. Ann Fitch, daughter of Bill Fitch, said she graduated from Waseca and now manages their farm. She explained it is very important to keep horses away from dust, which can ruin the value of a horse. She said they water down their indoor riding arena and completely partition the stalls next to the arena, and those horses near the arena get colds easier. She said almost every day they have people coming to inquire about boarding horses on their farm, but they have been full for some time. They want to be very close to Canterbury Downs. When they are told there is an application for the land next door to put in a gravel pit, they are incredulous. She said these are people that will be bringing in money to Shakopee and want good facilities, and there are not many good horse boarding places around. Ken Rutt, 1750 CR83, refuted the claim of a hill on the proposed property. He said if he stands on CR83 he can see all the way to CR17; it is that level. He can't believe his property will not be devaluated with a berm all around it. He doesn't believe they will get grass to grow on the berm and the soil will all blow away in a fine dust. He said he has never yet seen a farm on the bottom of a gravel pit. He doesn't see anyone farming on the bottom of the abandoned pit on the outskirts of Shakopee. He said in the last two weeks traffic on CR83 has increased 200 times, and he thinks the area should remain positive. He recommends denial of the conditional use permit. John O'Loughlin, 2988 Valley View Road, wants to go on record opposing this application. He pointed out his farm which is about 100 feet south of the proposed property. He said his is a 100 year farm. Cefere Lusignan, 3650 Eagle Creek Blvd. , pointed out his property which he bought 26 years ago. He has mostly just corn on it, which averages 100 bushels an acre. He strongly opposes this application because he believes it will devalue his property very much. He can't believe it will be more valuable after the gravel is taken out. If that is true, he wonders why no one has latched onto the abandoned pit south of town. He said his son bought a house next to the gravel pit because it was $20,000 less than any- where else. Bev Koehnen, 2036 CR83, stated she testified at the Planning Commission hear- ing and she didn't get notification of this hearing. She called attention to the question she submitted to Merila & Assoc. She had previously reserved the right to ask further questions after she received further information, and she wishes to do the same thing now. If she has to ask the questions in Court, she will do that. She questioned Mr. Caldwell relative to the compac- tion factor mentioned in the Merila responses, but he was not familiar with the response. iii ricpe �n �1 July 9, 1985 Page 9 Ms. Koehnen said she doesn't feel any of her questions were answered satis- factorily. She acknowledged there is an emotional factor involved because most people have most of their equity tied up in their homes. She believes the character of the area is changing, but it is still horse country. She has a horse ranch and people have asked to rent her barn. Myron Webster, 3960 Eagle Creek Boulevard, said he lives on the southwest corner of CR83 and CR16. He explained that the water runs across his property to the river from the proposed property. He is concerned about the collapse of a berm during a thunderstorm and the resultant damage it would cause to his property. He said the area is beautiful and there is a lot of traffic and he thinks the whole area would be spoiled by putting in a pit. Mayor Reinke asked if there were any other comments, and there was no response. Wampach/Vierling moved to close the public hearing. Motion carried unani- mously. Leroux/Colligan moved for a five minute recess at 10:45 p.m. Motion carried unanimously. Leroux/Vierling moved to re-convene at 10:51 p.m. Motion carried unanimously. Leroux/Colligan moved that in light of all the presentations, he would direct staff to consolidate the materials and report back to the City Council at its next regular meeting on Tuesday night. The Ass't City Attorney commented that he didn't think he would be able to comment on the submissions in one week, because of his involvement in a court case. Leroux/Colligan moved to amend the motion to have this item reconsidered at the August 6, 1985 meeting. Motion to amend carried unanimously. Mr. Thornton asked for permission to submit additional rebuttal material for consideration. Mr. Moriarty asked for similar rights of rebuttal. Mr. Thorn- ton said it was not his intention to submit anything new, but just to respond again to the concerns voiced. Mr. Fitch recommended closing this hearing as it is now, as it wouldn't be fair if he and others were not able to view and also respond to any further information. Mr. Moriarty agreed, as that is the purpose of the public hearing to involve the public and give everyone the same information. Discussion continued. Main motion as amended carried unanimously. Mayor Reinke informed the audience that this would be discussed again at the regular August 6, 1985 City Council hearing and no notices would be sent out. Several informational items were discussed. The Ass't City Attorney initiated discussion of the lawsuit involving Richards Pub. He reported on the results of the negotiations thus far and his sug- gestions for proceeding further. t--t: :.y. -Our,.- July 9, 1985' Page 10 Colligan/Vierling moved to reconsider the previous motion of the denial of the liquor license to Richards Pub. Motion carried unanimously. Leroux/Wampach moved to issue a liquor license to R. Hanover, dba Richards Pub, for On Sale and Sunday intoxicating liquor. Motion carried unanimously. Colligan/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:30 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 16, 1985 Mayor Reinke called the meeting to order at 7:06 p.m. with Cncl. Lebens, Wampach, Vierling, Colligan and Leroux present. Also present were John K. Anderson, City Admr. ; Judi Simac, City Planner; H. R. Spurrier, City Engineer; Jeanne Andre, Community Development Director and Julius A. Coller, II, City Attorney. Liaison reports were given by Councilmembers. Mayor Reinke initiated discussion relative to Bloomington's financial proposal for old Met Stadium site development. Discussion followed. Consensus was to have the City Admr. contact the AMM to find out more about the financial package proposal and its affects on other metropoli- tan areas, contact Legislators relative to the City's concerns, have Mayor Reinke find out what Minneapolis and St. Paul are doing about the proposal, and call a special session of the City Council if a special session of the Legislature is called. Mayor Reinke asked if there was anyone in the audience who wished to ad- dress the Council on any item not on the agenda, and there was no response. Vierling/Wampach moved to approve the minutes of July 2, 1985 special session and July 2, 1985 regular meeting as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. gave the background of the request of Lawrence E. Samstad for a curb cut on 10th Avenue for a home he proposes to build at 1342 E. 10th Avenue. Mr. Samstad clarified that he is not requesting two curb cuts. He said he is a registered civil engineer for the Lower Minnesota Watershed Dis- trict. He explained his lot is a corner one bounded by CR17 and 10th Avenue. He said that because of the setbacks he is faced with a lot that is only 452 x 120 feet, and the house they want to build is 36' x 71' . He is asking for a turn around drive-way so they could turn cars around on ► their property and enter 10th Avenue in a forward fashion. To the west of this location there are 26 drive-ways that back out onto 10th Ave. , including 3 commercial drive-ways. To the east there are 10 drive-ways that back out onto 10th Ave. , including some new duplexes that have two drive-ways instead of one center one. He further said this lot is one of 3 remaining lots in the development, one of which is being developed now, so he wouldn't be setting a precedent. Mr. Samstad explained the orientation of the house is such that the drive- way is to the front, and the long side only fits facing 10th_ Ave. He is also over 132 feet from the stop sign at CR17 and 10th Ave. He agrees a back-out driveway on 10th would not be a good idea, but he thinks this is much safer. He pointed out that the clinic has two drive-ways with a lot more cars coming out than he will have. He thinks this is a profes- sional and prudent request. Shakopee City Council July 16, 1985 Page 2 The City Engineer responded the basic problem, which occurs often, is when people pick out a home and then a lot and don't match the house to the specific conditions that affect the lot. He said 10th Ave. is a popular predestrian and bicycle route, and when it is possible to avoid pedestrian conflicts that is the choice that is made. Tenth Ave. is a collector street and a main element of the City's traffic system. Legion Street was desig- nated on the plat as the access for the lots, with surmountable curb put in for that purpose. This house style doesn't fit the lot, but there are other common floor plans that do. All of the recently constructed dwellings on 10th Ave. have garages that front the side streets. He pointed out the alternative of having the garage doors on the west side of that part of the house, with windows in place of the doors. This alternative would somewhat change the looks of the house, but not the floor plan. Mr. Samstad agreed that it would change the architecture of the house. He would have thought if the house was meant to front on Legion, the short side of the lot would face 10th Ave. He believes the turn-around driveway proposed is a prudent way to handle traffic entering 10th Ave. The City Admr. said that if you believe that even one more drive-way on 10th incrementally increases the possibility of an accident, even if the possibility reduced somewhat because of the forward entering, and decide to allow this one, the message is being given that aesthetics are more important that safety. He added a lot of drive-ways on 10th were in place before the City became aware of the safety hazard. Cncl. Leroux said there is not a curb cut on 10th Ave. that wasn't in before 10th Ave. was widened and paved. Since that paving, there has not been a curb cut allowed. He asked if this lot was any different in size from any other lots on the corners of 10th Ave. The City Engineer answered that it isn't any different in size. Cncl. Lebens agreed that in the last 11 years, since the paving of 10th Ave. , there have not been any curb cuts allowed. Leroux/Lebens moved to deny the request by Lawrence E. Samstad for a curb cut onto 10th Avenue for 1342 East 10th Avenue, in support of the City Engineer's decision. Mr. Samstad he would not allow visitors to back out onto 10th Ave. either. He thinks that backing out onto Legion Street is more dangerous than entering 10th Ave. in a forward fashion. He would still have to cross any pedestrian traffic to get onto 10th Ave. The City Engineer countered that the Courts have held that intersections are a special warning to pedestrians and the City has a reduced liability for all of the perils at an intersection. Cncl. Leroux pointed out that many times, even with a turn-around drive-way, a car will back out onto the street. Discussion continued. Mrs. Samstad said that everyone else who has a curb cut on 10th backs out. She said they are the last lot and by the time you get down to CR17, the pedestrian traffic has dwindled to zilch. She can't understand why they can't drive out onto 10th when everyone else is allowed to back onto it. She thinks it is unfair. Councilmembers countered that when the schools are open there is a lot of pedestrial traffic at the end of 10th Avenue. Shakopee City Council July 16, 1985 Page 3 7 Motion carried unanimously. The City Admr. determined that the present appointees to the AMM policy committees are interested in being re-appointed. Discussion ensued regarding possible development uses for the property at 210 Holmes Street. Consensus was to not purchase property unless there is a specific purpose in mind. Vierling/Wampach moved to direct to the Downtown Committee the letter dated July 8, 1985 from Wynnie Blewett regarding the possible purchase of the property at 210 Holmes Street. Motion carried unanimously. The Ass't City Attorney referred to his letter dated July 16, 1985 to Timothy R. Thornton regarding his signature of a petition against the proposed gravel pit. He asked for City Council direction to send the letter. The Ass't City Attorney said the issue is not a conflict of interest, because that is between the attorney and his client, which is the City. He thinks Mr. Thornton wants to suggest he might be biased in what he feels should be done in regards to the request for conditional use per- mit for the gravel pit. Generally, the City does not ask him how he feels personally about any issue it sends to him to research, as that is not relevant. The City expects its attorney to act professionally, and that is what he has always done. The Ass't City Attorney admitted the signature is unfortunate and it could be withdrawn if the City wishes. He said he signed the petition mainly as a favor to a neighbor and without any strong feelings about it. In further checking his files, he found he has done work for all of the owners of the gravel pit at one time or another. He said in living and working in a community this size, he comes into contact with many people in many situations. The Asst City Attorney pointed out the options available for the City, which are 1)instruct him to proceed with the case; 2) instruct someone else in his office to handle it; 3) give the file to the City Attorney; or 4) hire outside counsel not normally used. He said he has no bias in the case .and will give the best legal advice he can. He added that if the City would feel better having someone else take the case, he would not be offended. Wampach/Vierling moved to retain Rod Krass as Ass't City Attorney to handle the case of the request for the conditional use permit for a gravel pit by Scott County Lumber/Bert Notermann. Cncl. Leroux asked if the City's position was in jeopardy because of that signature on the petition. The Ass't City Attorney answered he didn't believe so. The City Attorney replied he also did not believe so. Motion carried unanimously. Shakopee City Council July 16, 1985 Page 4 The City Planner gave the background regarding the request for Preliminary Plat approval of Notermann's 2nd Addition. She stated the Planning Com- mission recommended approval of the plat with conditions. Cncl. Leroux objected to the variances recommended for all four lots. He commented he didn't want it to end up looking like the development at 10th Avenue and CR17 in which there are so many units you can't see anything around them. He suggested putting on 3 buildings of 6 units to get the same amount of population. He said a 25 foot variance on each lot equals 100 feet of variance, which is a lot. The City Planner said several alter- native sitings of the buildings and access were discussed at Planning Com- mission. The City Admr. added the slope of the land was used for reason- ing for the configuration. The City Planner said the Riverview Park dedication was given in the plat of the Husman Addition, and therefore there has been no park dedication for this development so park dedication fees should be paid at the time of building permit issuance. Discussion continued. Leroux/Colligan moved to direct the Preliminary Plat of Notermann's 2nd Addition back to the developer and Planning Commission, with a request to come up with a configuration that eliminates the need for 25 foot variances for each lot. Motion carried unanimously. The City Planner stated Planning Commission has recommended approval of the Preliminary and Final Plat of Palace lst Addition. She went over the background of the request and the conditions recommended for approval. She said in her research she found that this property is not a part of the Raceway Park plat, and there is different ownership. She understands that the.Raceway Park owner used this property for parking, but he now indicates he will use the east side of his property for additional parking. The owner of this property has the right to plat and develop it, and is not responsible for the Raceway Park parking problems. Discussion continued. The City Planner said a drainage plan cannot be approved for Block 2, which is why it is an outlot. She doesn't really like flag lots, and she discussed different ways of subdividing it, but there is nothing in the Code to prevent this. Ms. Rosenberg, applicant, said this is a 5 acre parcel_ which they have pur- chased. She said the owner of Raceway Park was offered some of the pro- perty, but he was not interested and has not asked for further parking. Leroux/Wampach moved to approve the Preliminary and Final Plat of Palace lst Addition, and moved its adoption subject to the following conditions: 1. Approval of a Title Opinion by the City Attorney. 2. The plat name be changed to Palace lst Addition. 3. Execution of a Developer's Agreement to provide for: a. Park Dedication - payment to the park fund at time of building permit issuance, in lieu of land dedi- cation. Shakopee City Council July 16, 1985 Page 5 b. Assessments - The developer shall agree to the City Engineer's method of apportioning the install- ments remaining unpaid against the plat and the developer waives his right to appeal the appor- tionment. c. Drainage - Approval of the final drainage plan of Lot 1 by the City Engineer. d. Easements - Dedication of twenty foot utility and drainage easements around the perimeter of each lot. 4. Outlot - Lot 2 shall be an undevelopable outlot which must be replatted before a building permit will be issued. The City Admr. mentioned the owner of Raceway Park addressed the issue of noise if a motel is developed on the outlot, as was discussed. He thinks the adjacent uses would be incompatible. The City Planner said the owner of Raceway Park has appealed the condi- tional use permit for the nightclub planned for this parcel, on the grounds that the uses are incompatible. Motion carried unanimously. Vierling/Wampach offered Resolution No. 2417, A Resolution Approving the Final Plat of Palace lst Addition, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. explained the report by Bob Pulscher on the remaining tax increment financing debt capacity. He summarized that if all the storm sewer projects were constructed, there would be 3.5 million dollars left. There is a proposal of 2.9 million dollars committed to Mn/DOT . for downtown intersection improvements and design engineering for the by-pass. With both of these commitments, there would still be $600,000 left. Considerable discussion ensued regarding various elements of the report, with the City Engineer and City Admr. clarifying questions. Cncl. Leroux suggested checking into selling the bonds at one time and paying for the projects as they come up and how this could be done while avoiding arbitrage. He also suggested setting up meetings with Mr. Pulscher for individual councilmembers to ask further questions of him and the Finance Director to better understand how it works. The City Admr. suggested having Miller & Schroeder also look at the request and respond. Consensus was to pursue the above suggestions and try to have a meeting with Mr. Pulscher in Shakopee before August 6, 1985. Vierling/Leroux moved to accept report dated July 12, 1985 from Springsted Inc. regarding tax increment financing debt capacity, and place it on file. Motion carried unanimously. Colligan/Vierling moved to stand by the City's current billing policies for the request of Macy Manor for a sewer billing change. Motion carried unanimously. Snaxopee Cit}' noun i� July 16, 1985 Page 6 The Comm. Develop. Dir. explained some of the problems involved in the attempt to collect data to seek an amendment to the Comprehensive Sanitary Sewer Plan. She said one of the problems is the amount of land designated as available for development, which is vastly different from the amount of land where the owners are willing to develop. She said any kind of sewer constraints puts the City in a negative light for attracting developers. She suggested a meeting of landowners, developers, realtors and City staff to come to terms with the issue of land availability for development. Discussion continued about the problems involved and possible approaches to Met Council to open up more urban residential land. Consensus was to approach Met Council directly to request that the residential land indicated as being open in 1985 actually be open for development. At the same time inquiries could be made of other cities and their intentions with regard to their comp plans. Staff could still have a joint meeting with area landowners and developers to gather further information. Discussion ensued regarding the proposal for a one year contract for on- going risk management services. Consensus was to bring the issue back at budget time. Vierling/Wampach moved to authorize the proper City officials to execute the Ambulance Service Agreement with St. Francis Regional Medical Center for the period July 1, 1985 to June 30, 1988. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to approve the application and grant a Sunday On Sale Intoxicating Liquor License to the Pullman Club, Inc. , 124 West First Avenue. Motion carried unanimously. The City Admr. explained the background of the suggested recognition picnic for non-paid board and commission members and their families. Leroux/Wampach moved to direct the City Admr. to prepare for the proposed summer picnic buffet, and free use of the pool and water slide for all non- paid board and commission members, and contact said members to determine level of interest. Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion ensued regarding the proposed employee picnic with the use of the pool and waterslide, and the possibility of waiving the fees. Leroux/Vierling moved to authorize the Community Services Director, upon proper reservation of the swimming pool under the Community Services group rental policy, to include free use of the pool and water slide for the 1985 annual City employees recognition picnic. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Leroux moved that the bills in the amount of $1,417,529.07 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach moved to direct staff to obtain quotations for the refuse collection contract for 1986-88. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shaxopee 'Citi, (,ouncil July 16, 1985 Page 7 7 Vierling/Colligan moved to ask Jaspers & Co. for a proposal for 1986 audit services. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. initiated discussion regarding the items of follow-up relative to the Capital Improvement Plan. Further discussion ensued regarding 13th Avenue roadway surface. The City Engineer explained the proposed by-pass will make a significant impact on 13th Avenue. He would like to look at the cost difference be- tween heavy applications of calcium chloride vs. bituminous, bearing in mind that the work will be lost when the by-pass comes through. He pointed out the question of rehabilitation vs. improvement. Cncl. Leroux suggested the alternative of closing the road at the City limits to limit traffic on it, and resultant damage. The City Engineer responded that if that is done it would have to be taken off the Munici- pal State Aid system. Mayor Reinke recalled the only reason it was desig- nated a Municipal State Aid road was that was the only way it was cost effective to build. Wampach/Vierling moved to direct staff to prepare an estimate on dust control for 13th Avenue and an estimate for improvement with asphalt, along with a very simple concept of assessments, to also explore the ramifica- tions of closing the road at the City limits and the by-pass timetable. Motion carried unanimously. The City Engineer pointed out two changes in the proposed Ordinance 176 to state that the payment of fees is to be handled in the accompanying resolution. The other change would be that information is to be presented to the City Engineer, rather than the. Public Works Director. Discussion ensued regarding the policy decision of whether or not related items of maintenance are included in the enterprise fund. Cncl. Leroux objected to street sweeping being included in this storm sewer fund. Dis- cussion followed. Leroux/Vierling moved to eliminate street sweeping from the proposed storm sewer fund. Roll Call: Ayes; Vierling, Leroux, Reinke f Noes; Lebens, Wampach, Colligan Motion failed. Leroux/Colligan offered Ordinance No. 176, An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 3 entitled "Municipal and Public Utilities Rules and Regulations, Franchises and Rates: by adding a new Section 3.42 thereto entitled "Storm Water Drainage Utility ", and moved its adoption. Roll Call: Ayes; Leroux, Colligan, Vierling, Reinke, Wampach Noes; Lebens Motion carried. July 16, 1985 Page 8 Colligan/Vierling offered Resolution No. 2419, A Resolution Establishing Policy for the Storm Water Drainage Utility, and moved its adoption. Roll Call: Ayes; Wampach, Vierling, Reinke, Colligan, Leroux Noes; Lebens Motion carried. The City Admr. presented the informational memo regarding the change orders relative to the racetrack. Cncl. Colligan asked the City Admr. to check with SPUC as to why the street light at Hwy. 101 and Shenandoah has never been turned on. Several racetrack traffic concerns were mentioned, with the City Admr. not- ing them to pass along to the appropriate parties. Colligan/Leroux moved to receive and place on file the memo dated July 12, 1985 from the Engineering Coordinator for the racetrack relative to change orders on the off-site racetrack improvement projects. Motion carried unanimously. The City Engineer addressed the request for a Sixth Avenue sewer study relative to the problems with the operation at the pool and development south of 12th Ave. Leroux/Vierling moved to authorize Orr-Schelen-Mayeron & Assoc., Inc. to submit an estimate of the cost of completing the West Side Sanitary Study, and authorize the firm to proceed with all speed to complete that study. Roll Call: Ayes; Vierling, Colligan, Wampach, Reinke, Leroux Noes; Lebens Motion carried. Leroux/Colligan moved to direct Orr-Schelen-Mayeron & Assoc:, Inc. to pre- pare an estimate of the cost of evaluating the municipal swimming pool filter for necessary repairs and modifications in order to achieve design filter efficiency. Roll Call: Ayes; Colligan, Vierling, Reinke, Leroux, Wampach Noes; Lebens Motion carried. Vierling/Wampach moved to approve an increase in the quantities of Common Borrow, Class 5 and Bituminous materials resulting in a net cost increase of approximately $22,000.00 or 12% project over-run for CR83 Widening, Project No. 1984-9. The City Engineer confirmed that this change was not included in the previous list of change orders. Councilmembers questioned this type of mistake. The City Engineer explained that cross-sections were shot which were taken to be representative, but when it came to actual placement more irregularities were revealed which resulted in substantial over-run. He said the design work was done in a reasonable, responsible manner and any other firm would have done the same. Cncl. Leroux pointed out this is a 20% increase in the contract. The City Admr. suggested bringing the City's concerns to the contractor. LY v011ii - July 16, 1985 Page 9 Roll Call: Ayes; Wampach, Vierling, Colligan, Leroux, Reinke Noes; Lebens Motion carried. Colligan/Leroux moved to authorize payment of Partial Estimate No. 3 for CR83 Widening, Project No. 1984-9, in the amount of $24,413.68 to C. S. McCrossan Construction, Inc. Roll Call: Ayes; Reinke, Leroux, Colligan, Wampach, Vierling Noes; Lebens Motion carried. Leroux/Wampach moved to approve payment of Partial Estimate No. 5, in the amount of $57,544.62, including Change Order No. 5 for an increase of $572.52, to C. S. McCrossan Construction, Inc. , P.O. Box 247, Osseo, MN 55369. Roll Call: Ayes; Reinke, Vierling, Wampach, Colligan, Leroux Noes; Lebens Motion carried. The City Engineer recommended entering into an agreement with Orr-Schelen- Mayeron & Assoc. , Inc. for consulting services during the period when the City has no City Engineer on staff. They estimate it will be October 15 before the position is filled. He also asks for consideration in giving the City Admr. more latitude to authorize consulting engineering services, similar to what he has in making purchases, without prior approval. The City Admr. clarified that he has a $5,000 limit for budgeted items, and the engineering services would be in exhange for the City Engineer's salary. Leroux/Vierling moved to direct the City Admr. to consult with Orr-Schelen- Mayeron & Assoc. , Inc. for administrative engineering services during the absence of the City Engineer. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach offered Resolution No. 2416, A Resolution Amending the City of Shakopee Personnel Policy adopted by Resolution No. 1571, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach offered Resolution No. 2415, A Resolution Apportioning Assessments Among New Parcels Created As a Result of the Subdivision of Land Into Dellas 1st Addition, and moved its adoption. Roll Call: Ayes; Unanimous . Noes; None Motion carried. Leroux/Lebens offered Ordinance No. 172, Fourth Series, An Ordinance of the City of Shakopee Amending Shakopee -City Code Chapter 10 entitled "Public Protection, Crime and Offenses: by Adding a New Section to be numbered 10.61 and entitled "Trespass Upon Land for Purposes of Consump- tion of Alcohol or Controlled Substances", and by Adopting by Reference Shakopee City Code Chapter 1 and Sec. 10.99-, Which Among Other Things Contain Penalty Provisions, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux offered Resolution No. 2418, A Resolution of Appreciation to H. R. (Bo) Spurrier, and moved its adoption. The City Admr. summarized the resolution. Motion carried unanimously. July 16, 1985 Page 10 The City Admr. requested an amendment to accept the resignation of the City Engineer as of July 26, instead of July 17, 1985. Colligan/Leroux moved to amend the motion of the previous meeting accept- ing the City Engineer's resignation, to make the resignation effective July 26, 1985. Motion carried unanimously. The City Admr. informed Councilmembers that the results of the meeting today with Mn/DOT were the authorization of a joint contract between the City and Mn/DOT and the placement of the downtown intersection improvements on the FY 89-90 calendar. The Comm. Develop. Dir. outlined a proposed project for a new building to be built on Holmes Street between 1st and 2nd Avenues. She said the developer is desirous of City input as regards facades and design standards. She gave further background relative to a possible expanded project on either side of the proposed building and a request for financial assistance. Discussion ensued regarding the displacement of a present business and re- location options and costs. The Comm. Develop. Dir. would like to do some creative financing regarding alternatives and possible City involvement. Consensus was to further investigate the possibilities for City participa- tion in some kind of tax increment district and/or land write-down program for this proposal. The City Admr. requested an additional City Council meeting, as the meeting on August 6 has three Planning Commission appeals, which will take up the whole meeting. Consensus was to schedule a meeting on August 13, 1985 if necessary. Leroux/Colligan moved to adjourn. Motion carried unanimously. Meeting ad- journed at 11:25 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary NORTHERN RACING CORP. px�e4K Operators o/Elko Speedway and Raceway Park LK 17816 Susan Lane aPZ=DWAY Minnetonka, MN 55345 John C.Ostdiek,President LK Office 475-3080 • Elko 461-3321 • Raceway 445-2257 "Rob" Ostdiek, Manager July 17 , 1985 City of Shakopee , 129 East First Ave . Shakopee , Mn. 55379 Dear Sirs : Please be advised that the addition of the horse racing track has caused considerable harm to my business . The Sunday night (and apparently holidays too) start time at the horse track is 2 : 00 PM which then results in the traffic to let out starting about 6 :00 PM. The insuing traffic jam on eastbound highway 101 then prevents our patrons , coming westbound on highway 101 , from crossing over the highway to access the service road in front of Raceway Park. In the last couple of weeks our attendance has fallen off by about 20 and the number of complaints at the ticket gates singing the tune that they will not come back again are overwhelming . I have talked to the highway patrol who have said that they don ' t have the manpower to assist and they know that the City police as well as the County has their hands full . Something must be done . A couple of ideas are as follows : 1 . Construct a traffic signal at the east end of the service road and highway 101 . 2 . Somehow get some traffic assistance at that intersection. The problem exists from 6 : 30 PM. to 8 : 00 PM. or for about 1 1/2 hours . Another item that should have been considered when all the road work s` - ,was done this spring was an entrance ramp / merge lane on highway 101 for cars entering from the east end of the service road . This is a continual problem due to the large (and extremely slow) gravel trucks that enter the highway at that point and the improvement should be made if for safety reasons alone . Please contact me if you need any further information . Respec fully submitted , �6 John C. Ostdiek Robert H. Carlson 2238 Edgewood Ave. So. Minneapolis, Mn. 55426 August 5, 1985 City Council City of Shakopee City Hall 129 E. First St. Shakopee, Minnesota 55379 Dear City Council Members: We are aware of the Baron Development parcel currently under consideration for rezoning. We realize that in order for this to be a viable rezoning request that our 30 acre parcel should be included as part of the rezoning. We have no objection to this rezoning of our 30 acres. Sincerely, CAR NAV I Zobert I Carlson MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Appeal of Conditional Use Permit Res. No. 420 issued to Sandra Rosenberg and Richard Brandl. DATE: July 25 ,1985 Introduction• Mr. John C. Ostdiek, operator of the Raceway Park, has appealed the decision of the Planning Commission, which grants a Conditional Use Permit to Sandra Rosenberg and Richard Brandl to construct a Class II Restaurant on property east of J. I . CASE and west of Raceway Park. (Please find attached a copy of the staff report to the Planning Commission) . Background: On July 11 , 1985 the Planning Commission approved the Conditional Use Permit subject to the following conditions: 1. The approval is contingent upon preliminary and final plat approval of Palace 1st Addn. 2 . Building capacity will be limited to 270 people. 3 . The required number of parking spaces must be provided. 4 . Applicant must obtain an approved highway access permit from MnDOT. 5 . Let the record show that the applicant has been advised of the potential noise problems to the east. 6 . Annual review of permit. At the Planning Commission meeting there was discussion regarding the traffic flow from Hwy 101 onto the frontage road and the possible conflict between the Raceway Park and Nightclub as proposed "neighbors" . Since the Planning Commission meeting, a review from MnDOT has been received by staff, which indicates that a significant impact on the existing highway system is not expected. The Raceway Park operates as a permitted commercial recreation facility in a B-1 District. There is no background information regarding the facility on file at City Hall. The owner has indicated to staff that approximately 2500 can be accomodated at the facility which is approximately 19 acres in size. Previously, the owner had been using the property to the west (proposed Palace Addn. ) for parking on a lease agreement. With this property no longer available, the owner intends to park customers on the east portion of his property. Council had previously directed staff to report on how Raceway Park will handle parking. According to code, the facility must provide one parking space for every 8 seats based upon design capacity. If the capacity is 2500 , then 313 parking spaces must be provided. It is not certain that the owner can meet this code requirement, nor is this number of spaces adequate. Staff will be conducting a noise level test to determine if the Raceway Park meets the requirements of the Noise Ordinance . The results of the test should be available at the public hearing. Staff Recommendation: Staff had previously recommended to the Planning Commission that the decision be tabled until the issues of parking and drain- age could be resolved. Those issues were discussed and resolved at the July 11, 1985 public hearing, therefore staff recommends that the Conditional Use Permit be approved subject to the conditions imposed by the Planning Commission. Action Requested: Offer Conditional Use Permit Resolution of the City Council No. CC-420 and move for its adoption subject to the recommended conditions. tw 4 MEMO TO: Shakopee Planning Commission FROM: Judi Simac, City Planner DATE : July 9 , 1985 APPLICANT: Sandra Rosenberg/Richard Brand1R22 • S of Hwy 101 and LOCATION : SW 1 /14 of Sect . 2 , TWP 115 , , East of J .I. Case ZONING : B-1 Highway Business roposed Class II Restaurant and LAND USE : Existing Vacant - P Nightclub APPLICABLE REGULATIONS : ec ion 11.014 , Subd. 6 , Sect. 11.29 ; Se t FINDINGS REQUIRED: Section 11.014 , Subd. 6A PROPOSAL: The applicant is requesting a Conditional Use Permit to construct a Class -II Restuarant and Nightclub SURROUNDING LAND USES: North - State Hwy 101 and Ag. Land East - Raceway Park South - Railroad R-O-W and vacant industrial West - J.I. Case Co. PUBLIC UTILITIES: Sanitary Sewer and Water Available COMPREHENSIVE PLAN: The Land Use Plan indicates Heavy Ind. use of the land. CONSIDERATIONS: 1. The applicants have submitted the proposed Palace 1st Addn. for approval. The proposed Restuarant/nightclub will beconstructed on Lot 1, which is 1. 18 acres in size. 2. The 6000 square foot building will have a stucco exterior with a canopied entrance. 5000 square foot of the interior will be used for seating with a maximum capacity of 300 people. 3 . The applicants are applying for a Class B Liquor License which requires 14000 square foot of customer floor area , a minimum investment of $350 ,000 in fixtures and structure and the serving of food. 14 . The applicants intent to operate Tuesday through Sunday from 11 : 00 A . M. to closing at 1: 00 A.M. They will employ approx . 25 people in positions ranging from food service to security. A Businessman ' s luncheon will be served daily . In the evening there will be piped-in music or live enter- tainment for dancing. A dress code will be enforced, with anticipated patrons ranging from 25 to 90 years of age . 5 . One 214 foot entrance is provided for ingress and egress. An entrance permit will be required by the State. Proposed number of parking spaces 814 . The code requirement is as follows: One per 50 sq. ft. floor area = 120 1 per 3 seats = 100 whichever is greater = 120 The applicant should provide more parking area. 6 . The site plan indicates compliance with code requirements for screening of parking in the front yard setback, locating major deciauous trees every 50 ' along frontage , screening of trash area and setbacks . 7 . The Building Official will require approval of the construction drawings by the State Health Dept. and the City Building Code requirements. 8 . The Fire Chief has recommended that if any portion of the building is beyond 150 feet from the water supply on a public street , on site fire hydrants and mains capable of supplying the fire flow per fire code standards , must be provided . The closest fire hydrant to the west is 650 feet and 1400 feet to the east ; therefore compliance with U.F. C. and I.S.O. Standards is required . 9. The drainage plan for the development is under review by the City Engineer . However the drainage plan may change because of the need for additional parking area. Recommendation : Staff recommends continuation of the public hearing until the issues of additional parking and drainage can be resolved. JOHN C. OSTDIEK C� 17816 SUSAN LANE ((( MINNETONKA.MINNESOTA 55343 PHONE 612-475-3080 July 16, 1985 City of Shakopee 129 cast First Ave. Shakopee, Mn. 55379 Dear Sirs: This is to inform you of my formal objection to the site plan approval and the conditional use permit approval by the planning commission regarding the Palace Addition next to the land I own at 6528 Hwy 101, known as Raceway Park. The basis for my objections are as follows: The 12 criteria for a conditional use permit were not adequately considered or discussed before approving the application. It was only upon my objection that a few of the criteria were even pointed out and adequate consideration was not given to the problems. Icy main objections were that the addition of such a business would substantially increase the traffic flow in the local area and substantially hurt my business. My business is already sufferring due to the traffic caused by the horse track and this would just heighten the problems. Secondly, the proposed nightclub is grossly incompatible with the surrounding businesses, especially my business. iiore specifically, the noise output of my business due to the racing of cars as well as the blasting of rock in the quarries behind the property are at extreme odds . with their proposed use as an eating and drinking establishment. It is inconceivable to me that anyone would sit down and eat a meal with such a racket going on so close by. Also, the planning commission chose to ingore the recommendations of the City Planner for the need for further study and a more specific and complete site plan as the applicant's application and plans were not complete because they did not have the proper amount of parking spaces. I appreciate the fact that the planning commission is .so willing to take on these projects for consideration even when the meeting lasts until the early morning hours but I feel that such an important subject deserves more investigation and consideration than was given at the planning commission meeting. Respectfully submitted, John C. Ostdiek P.O. Box 244 Shakopee, MN 55379 July 26, 1985 City of Shakopee 129 E. First Ave. Shakopee, MN 55379 Mr. Mayor and Council Members, It has been brought to our attention that Mr. John C. Ostdiek, of Raceway Park, has appealed our conditional use permit which was approved by the Planning Commission. We would like to reply to his objections. 1. We have met all of the criteria for conditional use permit regarding a Class II restaurant with a Class B liquor license. 2. The traffic flow will not be impeded by our establishment. We hope people leaving Canterbury Downs will stop at our place of business while waiting for the traffic to clear as we have added additional parking spaces. 3. There were two criteria that were used in choosing a site for this project. One being proper zoning and the second was easy access from the highway. After months of study, we decided that the five acre parcel would fit our needs. We would not have purchased this land between Raceway Park and J I Case if we felt that the noise would hinder our business in anyway. Music from our nightclub would not be appropriate in any area zoned other than B-1 Highway Business. We are very sorry that this problem has arisen from our new neighbor, but as long as Raceway Park is in compliance with the laws regarding noise levels and parking, that business will not create any compliants from us. Sincerely, k { Richard Brandl Sandra. Rosenberg CITY OF SHAKOPEE 4. } INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612) 445-3650 U July 26 , 1985 Honorable Mayor Reinke and Members of the City Council 129 E. First Avenue Shakopee , MN 55379 Re: City Hall Siting Dear Mayor Reinke and Members of the City Council: Upon hearing of the recommendation of the City Hall Siting Committee the Downtown Committee has requested me to respectfully present an alternative perspective for your consideration. The Downtown Committee believes that a downtown site should be con- sidered in the initial site and cost analysis undertaken to reach a final proposal. The Committee recommends consideration of the vacant Minne gasco building as a reasonable cost alternative , and believes that such an downtown alternative would be the top choice if citizens surveyed are able to consider cost as one factor in their selection of a site. In addition the Committee puts forward the other pos- itive attributes of the Minnegasco site: - The building could be acquired for a reasonable price and with alterations and a 4000 square foot addition could meet current city hall space needs . - The building is relatively new and would be adaptable to remodel- ing as optional governmental office space. The building was designed for the addition of a second floor and could also be expanded to the south. - A significant amount of parking could be provided through existing spaces in the library lot , the Golden Arrow municipal lot, the new expanded Second Ave. lot , and HRA owned property to the east of the library. This site is very accessible and an office use is compatible with downtown zoning. This site is two blocks to the court house and one-half block from the post office. The Heart of Progress Valley AM rn,I4I nPOn0T?­v Page two - City Hall workers and clients would be more inclinded to spend money in a downtown site. When results of the city hall siting survey were tabulated, a combination of all downtown sites received a strong thirty- three percent of the votes. This high response deserves further Council consideration as a detailed site and cost analysis is undertaken. We request such consideration and would like to speak to this issue when the City Council considers its report from the City Hall Siting Committee. Sincerely, Gary Laurent Chairman TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Downtown Committee letter on City Hall siting DATE: August 1, 1985 Introduction: The Downtown Committee has forwarded the attached letter to the Mayor and City Council regarding siting of a new city hall. Background: The Downtown Committee has heard about a recommendation from the City Hall Siting Committee to locate a new City Hall on Gorman Street. The Committee has responded to that report with the attached letter. The Downtown Committee realizes that the Siting Committee report will not be presented to the City Council until August 20 , 1985 . The Committee would there- fore like to attend that meeting to personally present its perspective. Requested Action: Direct staff to place on file the July 26 , 1985 letter from Gary Laurent, Chairman of the Downtown Committee. (Under- standing that the letter will be discussed at the August 20 , 1985 , Council meeting. ) tw 10 � TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Community Development Director RE: Downtown Parking Lot Improvements DATE: July 31, 1985 Introduction: The Downtown Committee has been working fast and furiously to provide for the construction of the downtown parking lot and initial streetscape in the fall of 1985 . Their efforts have been to recommend assessment policies and work cooperatively with Westwood Planning and Engineering on selection of streetscape elements and application of these elements to a sample project. The Committee now recommends Council action on one aspect of this project. Background: Recently Dick Koppy of Westwood Planning and Engineering established that the tight time schedule for a fall project does not include adequate time for the additional thirty days or more necessary for assessment projects. Since it was always represented that the parking lot was to be constructed with proceeds from the downtown tax increment district number three (established in 1982 ) , the Committee is recommending to proceed with the parking lot this fall and delay the assessed streetscape until next spring. With City Council concurrance the requests for bids for the Fourth Avenue project can be expanded to include the parking lot project, which should provide for reasonable bids while still getting some downtown construction this fall. The attached memo and Estimate of Cost, Alternative Number 1, dated July 30 , 1985 , were the basis of the Committee ' s discussion at its July 31, 1985 , meeting. That discussion led to the following motion: Dan Steil/Terry Forbord moved to go ahead with planning and development of parking lot, financing it through tax increment available, and recommend that the base be com- pleted this fall which would include ripping out concrete curb and asphalt, clear site, put in some catch basins , install aggregate base and curbs , base curbs and under- ground wiring and that City Council be informed that most of the streetscape is not included in this project, but will be constructed as a separate project. Landscaping and lighting as listed after the first subtotal in the estimate will be bid as an alternate, and may or may not be included in the 1985 project, depending on the bid prices. Motion carried. After the meeting Mr . Koppy determined that bidding this project with the Fourth Avenue project would help to keep the costs down, and he has recommended that course of action. The concensus of the Committee was that if there is an increase of more than loo above the engineer ' s estimate in the bids received, the project should be rebid in the spring of 1986 . The attached drawing shows the scope of the project, which would include the interior curbs of the parking lot and necessary earth work and sod, but would leave the existing exterior curbs on Second, Holmes and Lewis at this time. The Engineering Department subsequently informed me of the need to include Section C.1 as outlined in the Supplemental Feasibility Report for Holmes Street Basin Laterals ( Storm Sewer) under this parking lot. The alternatives of a) moving the storm sewer section to a Second Avenue alignment and b) delaying the whole project until next spring when the larger storm sewer project is undertaken were considered and rejected. This one block section of storm sewer can be reasonably engineered and there is no legal impediment to approving this segment of the system and financing it with user fees in advance of the hearing for the total project tentatively set for September 10 , 1985 . The feasibility report estimated the cost of this section to be $67 , 100 including a loo contingency. Engineering has recommended the project be rescheduled for next spring if the bids this fall are too high. Requested Action: 1 ) Direct staff to include Section C. 1 of the Holmes Street Storm Sewer Laterals (February, 1985 , Supplemental Feasibility Report for Holmes Street Basin Laterals ) with the Second Avenue Parking Lot Project. 2 ) Order the Second Avenue Parking Lot as City Project 85-1A, to be constructed with funds from Tax Increment District Number 3 , and request appropriate City Officials to provide for the preparation of the plans and specifications and advertise for bids to be opened September 3 , 1985 . 3 ) Direct Westwood Planning and Engineering to prepare the plans and specifications for the Second Avenuq Parking Lot, Project 85-4 , at a cost not to exceed 4 ) Direct appropriate city officials to advertise the Second Avenue Parking Lot, Project No. 85-1A, in conjunction with the Fourth Avenue Reconstruction Project, Project No. 85-1. 1 MEMO TO: Downtown Committee FROM: Jeanne Andre , Community Development Director RE: Downtown Parking Lot and Streetscape Project DATE: July 30 , 1985 Introduction: A meeting was held on Monday, July 29 , 1985 , with City staff and Tim Erkkila and Dick Koppy of Westwood Planning and Engineer- ing. The subject of the meeting was the scope of the construc- tion project this fall and the schedule necessary to keep the project on track. A number of conclusions were reached, and staff now wants direction from the Downtown Committee on the best approach to implement the project.. Background: The basic conclusion of the meeting was that any project that is to be assessed cannot reasonably be constructed this fall., even if the Downtown Committee is able to approve a final assessment scheme at its August 7th meeting. This is because, under 429 assessment statutes , the Council must set a hearing with specified notice which would add at least one month to the process , even if there are no appeals or requests for additional time to consider the project. Since the original schedule was so tight, this additional month can' t be managed for a fall construction project. Given this conclusion, staff tried to see if there is any way to accomplish the Committee 's objective of getting going on some project this fall . The proposed alternative is splitting the parking lot project from the streetscape element and paying for the parking lot project 100% from tax-increment funds . There is still time to complete a project ordered by- Council if assessment hearings do not need to be held. There are numer- ous considerations to this proposal as follows : k 1 . The parking lot was included as a project cost in the initial downtown tax-increment district, budgeted for $70 ,000 (with green space) , so it was not presumed at that time that it would be assessed. 2. There would be legal and emotional questions raised by assessing the parking 'lot , including: a) The 1967 parking lot assessment bonds have been paid off, as have individual assessments . However , the 2/3 of the ht that was purchased and improved in that project is 18 years old and parking lots are generally considered to have a lire of 20 years , so there might be some credits called for if assess- ments are levied, which adds to the confusion. Downtown Parking Lot & Streetscape Project July 30 , 1985 Page -")- 7 . The original downtown tax-increment estimated revenues is 5230 ,000. This amount was to be expended as follows : 1 ) parking and green space $70 ,000 ; 2 ) commercial rehab loan program $50 ,000 ; 3 ) planning and administration $46 ,000; and 4 ) bond administration, discount and interest $63 ,000. By the end of 1985 about $80 ,000 will have been spent for planning and administration and $10,000 for engineering of the parking lot , etc. Since bonds have not yet been sold, the actual expen- ditures will probably be below budget, especially since a bond rate of 112% was assumed. Therefore , there would be tax-increment funds available, but only with a reduction in another component such as commercial rehab loans. At this time, it is estimated by Springsted, Inc. the City' s financial consultant, that approximately $600,000 will be available from -the racetrack and K-mart tax-increment districts to assist in downtown projects such as the parking lot and the City' s_ 75% match for streetscape improvements . It will probably take about six months for the City Council to formally act on possible amendments to the financial plan of these districts . . Alternatives Given the above considerations the Committee has the following alternatives 1 . Recuest- the City Council to authorize the parking lot project to be cons�ructed with tax-increment funds and proceed to build the project this fall ( separate from assessed streetscape project) . 2 . Recommend to the City Council to keep the parking lot joined with the streetscape project, both to be assessed, and hold assessment hearings this Fall for a construction project in the Spring of 1986 . 3 . Request the City Council to authorize the parking lot project to be constructed with tax-increment funds , but combine this project for construction purposes with the streetscape project and build it in the Spring of 1986 . JA: cah t i GIN=- i •o Y � � 1 i ZZ jl� I 1 � 71, I CITY OF SHAKOPEE DOWNTOWN REDEVELOPMENT JULY 30 , 1965 ESTIMATE OF COST ALTERNATIVE #1* ITEM UNIT QUANTITY UNIT PRICE COST Concrete Rem. S.Y. 1000 5.00 5000 Common Exc.. S.Y. 2500 2.00 5000 Core Excavation C.Y. 5D0 2.50 1250 Aogreq. Fill (IP) C.Y. 2000 5.00 10000 R.C.P. 12" L.F. 200 20 .00 4000 Manhole (S) Each 1 1I00 . 00 1100 Catch Basin Each 2 990 .00 1980 B6-16 C.&G. L.F. 1035 16.. 00 6210 6" Cl .V Base S.Y. 3500 3.00 10500 ,331 Sit Base Ton 290 X2.00 16380 2341 Sit Wear Ton 290 25.00 71250 Concrete Aprons S.1'. 40 25. 00 1000 Conc .Walk (4" ) S.F. 3000 z:. 00 9000 Relocate Hydrant Each 2 880 .00 17160 4"Black dirt/Sod S..Y. 1X50 2.00 ^1 00 Subtotal � ^3530 r' t Landscaping LumpSum 1 5000 . 00 5000 Lighting Uri i t 6 3000 . 00 18000 Subtotal 9 6 5''0 Contingency 10 ;'. 91653 TOTAL 106183 Alternative #1 includes the DarD' inq lot south o-f 2nd Ave . l0� MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac , City Planner RE: Preliminary Plat Approval of Hentges 1st Addn. DATE: July 24 , 1985 Background: At their July 18 , 1985 meeting, the Planning Commission approved a motion to recommend to the City Council that the preliminary plat of Hentges 1st Addn. be approved subject to conditions. Please find attached a copy of the proposed plat and the staff report dated 7/15/85 . The recommended conditions are: 1 ) The applicant must designate the principal and accessory use on Lot 1, Block 1. 2 ) The on-site septic systems must conform with City Codes. 3 ) Third Avenue shall be rough graded to a standard mutually agreeable between the City Engineer and applicant. 4 ) Before the final plat is recorded, the applicant must bring Block 1 to compliance with code standards ; re: exterior storage. 5 ) Existing easements must be validated. Recommendation: Since the staff recommendation had been to deny the request for preliminary plat approval , the staff memo to the Planning Commission did not include a set of recommended conditions of approval. Therefore , should the Council choose to approve the plat, the following additional conditions are recommended to be included in the motion: 1. Approval of a Title Opinion by the City Attorney. 2. Park Dedication in the form of a cash contribution shall be made in lieu of land dedication. Action Requested: Motion to approve (with conditions ) or deny the preliminary plat of Hentges 1st Addn. Attachments MEMO TO: Shakopee Planning Commission FROM: Judi Simac , City Planner DATE: July 15 , 1985 APPLICANT: Steven M. Hentaes LOCATION: 1513 W. 3rd Avenue, Section 2 , TWP 115 , R 23 ZONING: B-1 Highway Business LAND USE: Existing commercial uses including towing, marine and auto repair APPLICABLE REGULATIONS: Section 12 Subdivision Regulations FINDINGS REQUIRED: Section 12. 01, Subd. 4 PROPOSAL: The applicant is requesting preliminary plat approval of Hentges lst Addition. SURROUNDING LAND USE: North - B-1, Railroad right-of-way East - State Hwy 169 South - B-1, St. Regis Paper West - B-1, Railroad right of way PUBLIC UTILITIES: Sanitary Sewer, storm sewer and water not available. PHYSICAL CHARACTERISTICS: Area of exposed rock, severe development limitations. CONSIDERATIONS: 1) The proposed plat consists of three conforming lots. Lots 1 and 2 have been developed and there are no known development plans for Lot 3. 2 ) The Comprehensive Plan places the parcel in an area designated for commercial development. Although the parcel is within the urban section of Shakopee, public sewer, water, and storm sewer are not readily available to the site. The existing uses are served by a septic system and water wells. 3 ) Front- and rear yard setback variances have been previously approved for the construction of existing buildings , along with a permit for underground fuel storage tanks. 4 ) The proposed dedicated 10 foot easement along the north lot line of Lot 1 encroaches upon the existing buildings. D ) The Fire Chief has reviewed the plat and recommends approval. 6 ) There are no special assessments remaining against the parcel. 7 ) Upon review of the plat, the building official has indicated that the entire area should be fenced with weather resistant wood, which completely blocks the view. Historically, the Building Official has been dealing with outdoor storage OIL junk on this property. The applicant has not complied with imposed conditions to screen exterior storage. 8 ) The Utility Manager has indicated that the power line along the railroad belongs to both SPUC and NSP. The NSP line is a transmission line that may have an easement associated with it , that is wider than that shown on the plat. If this is the case, it should be shown on plat. 9 ) The City Engineer recommends that the Building Official should be able to approve on-site disposal systems for all three lots , or the subdivision be limited to buildable lots. Lot 3 could also be designated as a remote site for on-site disposal, should the existing systems fail. The submitted drainage plan and report msut be revised. 10 ) Section 12. 01, Subd. 4 requries that all of the following findings be made prior to approval of a subdivision: A. All the applicable provisions of the City Code are complied with. B. The proposed subdivision will not be detrimental to the present and potential surrounding land uses. C. The area surrounding the subdivision can be planned and developed in coordination and compatibility with with the proposed subdivision. D. The subdivision is in conformance with the Future Land Use and Thoroughfare Plan. E. The subdivision preserves the incorporates the site ' s important existing natural features , whenever possible. F. All land intended for building sites can be used safely without endangering the residents by peril from floods , erosion, continuously high water table, severe soil conditions or other menance. G. The subdivision can be economically served wtih public facilities and services. F Recommendation: Staff recommends that the preliminary plat of Hent_ges 1st Addition be denied for the reason that the proposed plat can not meet all of the required applicable findings stated in Section 12. 01, Subd. 4 of the City Code. In particular findings A, C, F and G as listed . above can not be applied. Action Reauested: Motion to recommend to City Council that the proposed plat of Hentges 1st Addn. be denied. MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac , City Planner RE: Preliminary and Final Plat Approval of Eagle Creek Junction DATE: July 25 , 1985 Background: At their July 18 , 1985 meeting the Planning Commission approved a motion to recommend to the City Council, preliminary and final plat approval of Eagle Creek Juntion 1st Addition; subject to the following conditions: 1. Plat be designated as Eagle Creek Junction lst Addition. 2. Approval of a Title Opinion by the City Attorney. 3 . Park dedication to be made in cash at the time of building permit issuance. 4 . Execution of a Recordable Agreement to accept future assessment for sidewalks along County Road 16 , waiving all rights to a hearing on the improvements and assessments, such agreement to run with the land and be binding on all heirs and assigns of the applicant; OR the negotiation of a mutual agreement with the City Engineer for the construction of sidewalk or bituminous pathway. 5 . Execution of a Developer' s Agreement for the construction of the required improvements: a) Installation of a water system in accordance with the requirements of SPUC Manager. b) Installation of a planting screen along the North lot line of Lots 1 and 2 , Block 1. c) Outlot A shall be undevelopable until it is replatted. d) Installation of street lighting in accordance with the requirements of SPUC Manager. e) Installation of sanitary sewer and storm sewer system in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f ) Construction of streets and street signs in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. g) The developer shall agree to the City Engineer ' s method of apportioning the installments remaining unpaid against the plat and the developer waives his right to appealing the apportionment. h) Dedication of a drainage easement along the north lot line of Outlot A where it abuts CSAH 16 . 6 . The developer shall obtain an approved County Entrance Permit for Roundhouse Circle access to CR 16 . 7. Construction plans approved and filed with the City Engineer prior to recording the plat. 8 . The applicant has been advised of ordinance requirements and no further variances shall be considered. Please find attached a copy of the proposed plat, staff report and Resolution of Approval. Action Requested: 1) Offer a motion to approve the preliminary plat of Eagle Creek Junction lst Addn. and move for its adoption. 2 ) Offer Resolution No. 2420 , A Resolution Approving the Final Plat of Eagle Creek Junction 1st Addn. , and move for its adoption. Attachments. U � RESOLUTION NO. 2420 A Resolution Approving the Final Plat of Eagle Creek Junction 1st Addn. WHEREAS, the Planning Commission of the City of Shakopee did approve the preliminary and final plat of Eagle Creek Junction Addition on July 18 , 1985 ; and, WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW THEREFORE BE IT RESOLVED BY THE CITY OF SHAKOPEE, MINNESOTA, that the final plat of Eagle Creek Junction Ist Addition, described as follows: That part of the SE 1/4 of Section 6 Township 115 , Range 22 described as follows: Commencing athe SE corner of said SE 1/4 ; thence on an assumed bearing of N 0 degrees 38 minutes 47 seconds W, a distance of 216 . 13 ft. to the centerline of County Road 16 ; thence N 60 degrees 18 minutes 19 seconds W along said center line, a distance of 182. 48 ft. to the actual point of beginning of the tract of land to be described; thence continuing N 60 degrees 18 minutes 19 seconds W along said center- line, a distance of 817 . 02 ft. ; thence NW along said centerline, - a distance of 499 . 99 ft. along a tangential curve to the left, having a radius of 32 , 536 . 65 ft. ; thence N 61 degrees 11 minutes 08 seconds W along said centerline a distance of 468 . 95 ft. ; thence S 11 degrees 13 minutes 39 seconds W, a distance of 288 . 56 ft. ; thence S 29 degrees 04 minutes 52 seconds W a distance of 152.14 ft. to the NE right of way line of the abandoned Chicago, Milwaukee, St. paul and Pacific Railway as per Document #179992 ; thence S 65 degrees 54 minutes 36 seconds E along said right of way line -to an intersection with a line which bears S 0 degrees 37 - minutes 41 seconds W from the point of beginning; thence N 0 degrees 37 minutes 41 seconds E to the point of beginning. All that part of the abandoned Chicago, Milwaukee , St. Paul and Pacific Railway right of way as per Document #179992 which lies within the SE 1/4 of Section 6 Township 115 , Range 22 and the NE 1/4 of Section 7 , Township 115 , Range 22 , lying Easterly of the centerline of County Road 17 as per Document 014715 and lying westerly of the following described line: Commencing at the SE corner of said SE 1/4 ; thence on an assumed bearing of N 0 degrees 38 minutes 47 seconds W, a distance of 216 . 13 ft. to the centerlilne of County Road 16 ; thence N 60 degrees 18 minutes 19 seconds W along said centerline, a distance of 182. 48 ft. to the actual point of beginning of the line to be described; thence S 0 degrees 37 minutes 41 seconds W to the SW right of way line of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railway as per Document #179992 and there terminating. All that part of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railway right of way as per Document #179992 which lies within the NE 1/4 of Section 7 , Township 115 , Range 22 , lying Southwesterly of the centerline of said railway as per Document #179992 and lying Northwesterly of the Northeasterly extension of the Northwesterly line of Lot 8 , Block 4 , Scenic Heights Second Addition and lying Easterly of the following described line; Commencing at the SE corner of said SE 1/4 ; thence on an assumed bearing of N 0 degrees 38 minutes 47 seconds W, a distance of 216.13 ft. to the centerline of County Road 16 ; thence N 60 degrees 18 minutes 19 seconds W along said centerline, a distance of 182. 48 ft. to the actual point of beginning of the line to be described; thence S 0 degrees 37 minutes 41 seconds W to the Southwesterly right of way line of the abandoned Chicago, Milwaukee , St. Paul and Pacific Railway as per Document #179992 and there terminating. That part of the SE 1/4 of Section 6 , Township 115 , Range 22 described as follows: Beginning at the point of intersection of the Southwesterly right of way line of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railway as per Document #179992 and the Northerly extension fo the centerline of Sibley Street, said centerline being a line 30 ft. Westerly of , measured at a right angle to and parallel with the Westerly line of Block 2 , Scenic Heights First Addition; thence on a bearing of S along the Northerly extension of said centerline of Sibley Street a distance of 116 . 68 ft. to the Easterly extension of the N line of 'Hesse ' s Second Additicn to Shakopee; thence on a bearing of W along the N line of said Hesse ' s Second Addition to Shakopee and Hesse ' s First Addition to Shakopee a distance of 661 . 45 ft. to the centerline of County Road 17 as per Document #144715 ; thence N 18 degrees 48 minutes 03 seconds W along said centerline of County Road 17 , a distance of 203 . 32 ft. ; thence continuing Northerly along said centerline, a distance of 291 . 12 ft* along a tangential curve to the right having a radius of 1909 . 86 ft. , to the Southwesterly right of way line of the abandoned Chicago, Milwaukee , St. Paul and Pacific Railway as per Document #179992 ; thence S 65 degrees 54 minutes 36 seconds E along said right of way line to the point of beginning. For purpose of this description the east line of the SE 1/4 of Section 6 , Township l 6 A-- 115 , Range 22 , is assumed to bear N 0 degrees 38 minutes 47 seconds W. be and the same hereby is approved and adopted with the requirements that: I. Plat be designated as Eagle Creek Junction 1st Addition. 2 . Approval of a Title Opinion by the City Attorney. 3 . Park dedication to be made in cash at the time of building permit issuance. 4. Execution of a Recordable Agreement to accept future assessment for sidewalks along County Road 16 , waiving all rights to a hearing on the improvements and assessments, such agreement to run with the land and be binding on all heirs and assigns of the applicant; OR the negotiation of a mutual agreement with the City Engineer for the construction of sidewalk or bituminous pathway. 5. Execution of a Developer's Agreement for the construction of the required improvements: a) Installation of a water system in accordance with the requirements of SPUC Manager. b) Installation of a planting screen along the North lot line of Lots 1 and 2 , Block 1. c) Outlot A shall be undevelopable until it is replatted. d) Installation of street lighting in accordance with the requirements of SPUC Manager. I- e) Installation of sanitary sewer and storm sewer system in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. '- f ) Construction of streets and street signs in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. g) The developer shall .agree to the City Engineer ' s method of apportioning the installments remaining unpaid against the plat and the developer waives his right to appealing the apportionment. h) Dedication of a drainage easement along the north lot line of Outlot A where it abuts . CSAH 16 . 6 . The developer shall obtain an approved County Entrance Permit for Roundhouse Circle access to CR 16 . r . Construction plans approved and filed with the City Engineer prior to recording the plat. 8. The applicant has been advised of ordinance requirements and no further variances shall be considered. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved plat and Developer ' s Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 CIty Attorney rT MEMO TO: Shakopee Planning Commission FROM: Judi Simac, City Planner DATE: July 16 , 1985 APPLICANT: INCA Development Co. LOCATION: SE i/4 Section 6 ; West of CR 17 and South of CR 16 ZONING: R-4 Multi-Family Development LAND USE: Vacant APPLICABLE REGULATIONS: Section 12 Subdivision Regulations FINDINGS REQUIRED: Section 12 . 01, Subd. 4 PROPOSAL: The applicant is requesting preliminary and final plat approval of Eagle Creek Junction 1st Addn. SURROUNDING LAND USES: North - Vacant R-4 and B-2 East - Developed R-2 South - Developed R-2 and R-4' West - Developed B-2 PUBLIC UTILITIES: Sanitary Sewer and Water Available PHYSICAL CHARACTERISTICS: Portions of the parcel affected by bedrock close to surface COMPREHENSIVE PLAN: The area is designated for multi-family development. CONSIDERATIONS: i. in August 1982 the City Council approved the final plat of Eagle Creek 1st Addition, however the plat was not recorded within 180 days of approval. 2. The 1985 version of Eagle Creek 1st Addn. consists of one block to be developed into six lots and one large Outlot A which is proposed to be developed as Canterbury Village 1st Addn. 3 . Block one consists of six lots , all of which meet the R-4 lot size requirements. A cul de sac approx. 450 ft. in length will serve the lots from County Road 16 . Lots 1 and 2 become double frontage lots and should have screen planting along the north where they abut CR 16 . OUTLOT A should be determined to be undevelopabie until -it is replatted. 4 . Roundhouse Circle entrance onto CR 16 will require an Approved Entrance Permit from the Scott County Highway Engineer. 5 . The construction of sidewalks along County Road 16 to serve this plat and the subsequent plat of Outlot A ( Canterbury Village) would seem reasonable to provide pedestrian access to the nearby Community Business zone at the intersection of County Roads 17 and 16 . However the improvements should be postponed until improvements to County Road 16 are deter- mined. (An Urban design for CR 16 is anticipated. ) 6 . The Utilitv Manager has reviewed the plat and recommends approval. 7 . No portion of Block 1 is desired for park dedication, however when OUTLOT A is replatted the installation of a pedestrian walkway through Outlot A from CR 17 to Roundhouse Circie will be desirable. A cash payment to the park fund would be appropriate as the lots are developed. 8. The Finance Department indicates total amount of special assessments on the plat at $68 , 369. 71. 9 . The City Engineer has indicated that the utility plans which were submitted with the plat in 1982 do not meet the design criteria and standard specifications which now exist. The developer has been directed to submit revised pians, which have not yet been received. The applicant is proposing that the developed run off from Block 1 be ponded in the eastern portion of Outlot A. Recommendation: Without further utility design information and a recommendation J: the City Engineer, staff cannot provide a complete recommen- dation on the preliminary and final approval. However, listed below are recommended conditions for approval; based upon existing information: 1. Plat be designated as Eagle Creek 1st Addition. 2 . Approval of a Title Opinion by the City Attorney. 3 . Park dedication to be made in cash at the time of building permit issuance. 4. Execution of a Recordable Agreement to accept future assessment for sidewalks along County Road 16 , waiving all rights to a hearing on the improvements and assessments , such agreement to run with the land and be binding on all heirs and assigns of the applicant. � . Execution of a Developer ' s Agreement for the construction of the required improvements: a) Installation of a water system in accordance with the requirements of SPUC Manager. b) Installation of a planting screen along the North lot line of Lots 1 and 2, Block 1. c) Outlot A shall be undevelopable until it is - replatted. d) Installation of -street lighting in accordance with the requirements of SPUC Manager. M �- e) Installation of sanitary sewer and storm sewer system in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f ) Construction of streets and street signs in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. g) The developer shall agree to the City Engineer ' s method of apportioning the installments remaining unpaid against the plat and the developer waives his right to appealing the apportionment. 6. The developer shall obtain an approved County Entrance Permit for Roundhouse Circle access to CR 16 . 7. Construction plans approved and filed with the City Engineer prior to recording the plat. Law Offices of / KRASS, MEYER & WALSTEN 13"r Chartered Suite 300Paralegals Marschall Road Business Center Phillip R. Krass Barry K. Meyer Barbara J.Hedstrom 327 South Marschall Road Trevor R. Walsten Jolene R.Wagner P.O. Box 216 Shakopee, Minnesota 55379 Elizabeth B. McLaughlin Lori A.Wermenkirchen Susan L. Estill Shelly T.Feising (612)445-5080 Of Counsel Office Manager Dennis L. Monroe Wanda Breirnhorst MEMORANDUM DATED: August 1, 1985 TO: Shakopee City Council FROM: Phillip R. Krass Assistant City Attorney RE: Notermana/Scott County Lumber Company Application for a Conditional Use and Mineral Extraction and Land Rehabilitiation (Mining) Permit Dear Council Members: The purpose of this memo is to advise you of the legal considerations that should be taken into account when making the decision to either grant or deny the permit in question. A recent Court of Appeals case, Curtis Oil V. City of North Branch, 364 N.W.2d 880 (Minn. App. 1985), involved a situation where the Courts compelled the City of North Branch to grant a conditional use permit. The �7r,a th Branch City Council had denied Curtis Oil's request for a conditional use permit. Curtis Oil then sued the City requesting that the Courts compel the City to grant the conditional use permit. The Courts found in favor of Curtis Oil, holding that the City arbitrarily denied the applicant's request for a conditional use permit. The North Branch City Code required the Planning Commission and the City Council to consider certain factors when deciding applications for conditional use permits. The Court based its decision to require North Branch to grant the permit on the fact that North Branch failed to prove that it considered these factors when it made its decision. The Court reasoned that When a zoning ordinance expressly authorizes the governing body of a municipality to issue a special permit for a proposed use, the reasonableness of the governing body's decision is measured by the standards set out in the particular local statute." Since in this instance there was no evidence that the governing body considered the standards set out in the local statute, denial of the conditional use permit was arbitrary. The Shakopee ordinance pertaining to conditional use permits and the North Branch ordinance pertaining to conditional use permits do not appear to be identical. However, there is enough similarity in the Codes that precautions must be taken to prevent Court interference in the City' s decision to either grant or deny the permit requested. Shakopee City Council Page Two August 1, 1985 Section 11.04, Subd. 6 of the Shakopee City Code sets forth findings the Planning Commission "shall" make before granting a conditional use permit. In light of the Curtis Oil v. North Branch decision, it is important that it be shown that the findings factors set forth in Section 11.04, Subd. 6 were "considered" when making the decision to either grant or deny the permit in question. Thus, the Council must expressly state, for the record, its reasons and factual basis for its conclusion on each finding. It is also important that evidence of the Council's consideration of these factors be more than in a conclusionary fashion. This is necessary to ensure that your decision will be upheld in a court of law. To illustrate what I mean by "more than in a conclusionary fashion" I will give examples of possible reasons and factual basis for determining whether each of the 12 findings is met. Finding No. 1: That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Things to consider when determining if this finding can be made might be: testimony from neighboring landowners at the public hearing, testimony from the applicant at the public hearing, evidence submitted at the public hearing; any other evidence on the effect of the gravel pit on the surrounding area. Finding No. 2: That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. Things to consider when determining if this finding can bemade might be: Will the noise, appearance or dust from the gravel pit effect the surrounding agricultural land? Will the noise, appearance or dust have effect on the development of the surrounding residential property? Finding No. 3: That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. Things to consider when determining if this finding can be made might be: the provisions in the plan or testimony showing that the provisions in the plan are insufficient. Finding No. 4 : That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. This finding does not appear to be applicable. If the Council agrees, it does not need to be considered. If the Council feels it is applicable, the reasons for determining whether it can be made or not must be put on the record. i Shakopee City Council f C Page Three / August 1, 1985 Finding No. 5: That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Things to consider in determining if this finding can be made might be: Will the dust created by the plant hinder the surrounding agricultural land; will the dust created by the plant be a nuisance to the surrounding residential area; will the noise be a nuisance to the surrounding residential area; can the lights be adequately placed to prevent them from being a nuisance to the nearby residential area? Finding No. 6: The use, in the opinion of the Council, is reasonably related to the overall needs of the City and to the existing land use. Things to consider in determining if this finding can be made might be: What will be the future need for gravel in the area; is the land better suited for agricultural use? Finding No. 7: The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. It appears this finding can be made since, according to the Shakopee City Code, mineral extraction is a permitted conditional use in an agriculturally zoned district. Finding No. 8: The use is not in conflict with the comprehensive plan of the City. In determining whether this finding is met the Council needs to consider whether, in their opinion, this conditional use permit for a gravel pit is consistent with the comprehensive plan. Finding No. 9: The use will not cause traffic hazard or congestion. Things to consider in determining if this finding can be made might be: whether or not the trucks coming to and from the gravel pit will cause problems in the area. Finding No. 10: Existing businesses nearby will not be adversely effected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightlyness. This finding does not appear to be applicable. If the Council agrees, it does not need to be considered. If the Council feels it is applicable, the reasons for determining whether it can be made or not must be put on the record. Finding No. 11: The developer shall submit a time schedule for completion of the project. Shakopee City Council Page Four Aust 1, 1985 This is a procedural finding that is required before the conditional use permit is granted. Finding No. 12: The developer shall provide proof of ownership of the property to the administrator. This is another procedural finding which is required before the conditional use permit is issued. The above "reasons" are only examples of the types of findings the Council needs to make. Undoubtedly the actual findings will be based on specific evidence and testimony set forth at the public hearing. If the Council goes through the above procedure and makes a proper record as evidence of their consideration of these criteria and findings, its decision regardless of what it might be, will be upheld. Very truly- yours, KRASS, MEYER & WALSTEN CHARTERED Phillip R. Krass PRK:In:mj Law Offices of �D KRASS, MEYER & WALSTEN Chartered Suite 300 Marschall Road Business Center Phillip R. Krass Paralegals 327 South Marschall 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.Werrnerskirchen (612)445-5080 Susan L. Estill Shelly T.Feising Of Counsel Office Manager Dennis L. Monroe Wanda Breimhorat MEMORANDUM TO: Shakopee City Council FROM: Phillip R. Krass Assistant City Attorney DATED: August 2, 1985 RE: Baron Development Rezoning Application Dear Council Members: This memo discusses the prevailing law regarding rezoning and the precautions the City Council must take when deciding whether to grant or deny this rezoning request. A municipality acts in a legislative capacity when rezoning. As a legislative act, a zoning or rezoning classification must be upheld unless opponents prove that the classification is unsupported by any rational basis related to promoting the public health, safety, morals, or general welfare. This is a rational basis test and so long as there is a rational basis for what a City Council does when rezoning, courts do not interfere. See, Honn v. City of Coon Rapids, 313 N.W.2d 409 (Minn. 1982). The general rule in Minnesota is that where a municipality acts in its fact finding or legislative policy making capacity under its delegated powers the scope of review is very narrow, subject only to the broad limits of the arbitrary and capricious standard. See, Amcon Corp. v. City of Egan, 348 N.W.2d 66 (Minn. 1984). City Councils have broad discretion when it comes to rezoning matters. However, a recent case indicates that a City Council must take special precautions when entertaining a rezoning request. In the case of Curtis Oil v. City North Branch, 364 N.W.2d 880 (Minn. App. 1985), the Court of Appeals affirmed the trial court's order to the City of North Branch that they grant a rezoning request which the North Branch City Council had previously denied. In part, the court based its finding on the fact that it was "impossible to determine whether there was a rational basis for North Branch City Council' s denial of the rezoning. No reasons for the denial were included in the Council's minutes. Curtis Oil at 883. The court also noted that the North Branch zoning ordinance requires both the Planning Commission and the City Council to make findings of fact. The portion of the ordinance from which the court concluded this reads in part: Shakopee City Council Page Two August 2, 1985 "In considering all requests for variances, appeals, amendments or conditional use permits, the Planning Commission acting as itself or acting as the Board of Adjustment and Appeals, and the City Council shall make a finding of fact. Its judgment shall be based upon but not limited to the following factors: . , , ' The statute then lists 11 factors which the City should look to when making its judgment. In its decision, the Court of Appeals stated: "Neither the Planning Commission nor the City Council complied with this requirement. The trial court concluded that the City's failure to comply with its ordinance requirements, and its failure to provide any rational basis for its action, and its failure to move expeditiously in the injunction action, made its action arbitrary. We agree." Shakopee City Code Section 11.04, Subd. 7(1) contains language similar to that in the above portion of the North Branch zoning ordinance. Section 11.04, Subd. 7(1) states: "Amendments changing the boundaries of any district or changing the regulations of any existing district shall require an affirmative vote of 4/5ths of the Council. Such amendments shall not be issued indiscriminately, but shall be based on findings or criteria including, but not limited to: (1) the original zoning ordinance is in error, (2) significant changes in community goals and polices have taken place, (3) significant changes in city-wide or neighborhood development patterns have occurred, (4) implementing the comprehensive plans, growth, management programs." It appears from the Curtis Oil case that in order for the City to protect its decision from being overturned in a court of law each of the above four findings or criteria should be addressed individually. In other words, the Council should go through each of the four findings or criteria and set forth on the record the reasons and factual basis for their conclusion as to whether or not the finding can be made or the criteria can be met. is For example, the first finding is "(1) the original zoning ordinance in error." The Council should expressly state that the original zoning ordinance is not in error if that finding cannot be made or they should expressly state that it is in error and the reasons why if the finding can be made. For finding No. 2 that "significant changes in community goals and Policies have taken place," the Council needs to either expressly state that no significant changes in community goals and polices have taken place or list the reasons and factual basis for their conclusion that these changes have taken place. For finding No. 2 that "significant changes in city-wide or neighborhood development patterns have occurred," Council needs to either expressly state that no significant changes have occurred or state the reasons and factual basis for their conclusion that changes have occurred. U Shakopee City Council Page Three August 2, 1985 For criteria No. 4 "implementing the comprehensive plans, growth, management programs," the Council needs to either state that the rezoning is unnecessary to implement these plans and programs or else it must state the reasons and factual basis as to why they conclude that the rezoning is necessary. If the Council goes through the above procedure and makes a proper record as evidence of their consideration of these criteria and findings, its decision regardless of what it might be, will be upheld. Very truly yours, KRAS2rass STEN CHARTERED llip PRK:ln:mj MEMO TO: - John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Use of an Agreement to Indemnify the City when Variances are Granted. DATE: July 24 , 1985 Introduction: At their July 18 , 1985 meeting the Planning Commission approved a motion to recommend to the City Council that an indemnification agreement ( see attached exhibit ) become a standard requirement of the City of Shakopee for all variance applications which are considered by the Board of Adjustment and Appeals. Background: The attached agreement is a variation of a standard procedure that is followed when subdivisions of the State request a variance from Mn/DOT roadway standards . The Mn/DOT agreement ensures that jurisdictions carefully consider the possible repercussions resulting from a variance and provides relief to Mn/DOT by requiring the local jurisdictions to defend itself in any lawsuits. Some zoning code variances which are approved by the City have the potential to affect safety by reducing the required setbacks from alleys and streets. By requiring the indemnifi- cation agreement as part of the application process , applicants requesting the variance will be made to consider the importance of the required zoning standards. The Assistant City Attorney, Rod Krass , has indicated that the indemnification agreement has the potential of saving the City time and money if the City were brought into a lawsuit over any approved variance. Action Requested: Offer a motion to approve the use of an indemnification agreement as part of the application for a variance from Chapter �., 11 of the Citv Code, ( Zoning ) . Attachment AN AGREEMENT TO INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF SHAKOPEE AND ALL ITS AGENTS AND EMPLOYEES ARISING AS A RESULT OF GRANTING A VARIANCE TO WHEREAS , the Board of Adjustment and Appeals of the City of Shakopee has been petitioned to approve a variance from the City Code, Section ; and WHEREAS , consideration of said application for a variance is conditioned upon receipt of this agreement by that indemnifies, saves and holds harmless the City of Shakopee and all its agents and employees ; and WHEREAS , said variance application shall be reviewed and evaluated by the appropriate City officials using the City ' s standard variance review process prior to action by the Board of Adjustment and Appeals ; and WHEREAS , hereby certifies that he/she is the owner of said property and is empowered to grant said indemnification. NOW THEREFORE, IN CONSIDERATION OF SAID VARIANCE:, THE APPLICANT AGREES 'AS FOLLOWS: That , and his successors and assignees, indemnifies , saves and holds harmless the City of Shakopee and all its agents and employees of and from any and all claims, demands , actions or causes of actions of any nature or character arising out of or by reason of , in any manner, '.he construction of located at ( legal ) in any other .manner than pursuant to Section of the Shakopee City Code and further agrees to defend at his/her sole cost and expense , any action or proceeding commenced for the purpose of asserting any claim whatsoever character arising as a result of the granting of this variance. Dated this day of , 19 Applicant City of Shakopee State of Minnesota ) ) ss County of ) The foregoing instrument was acknowledged before me this day of , 19 , by Notary Public This instrument was drafted by Judith S. Cox , City Clerk City of Shakopee, Minn. IIII�I LLJ league of minnesota cities July 18, 1985 John Anderson, City Administrator City of Shakopee 129 E. lst Avenue Shakopee, MN 55379 Dear Mr. Anderson, In response to your inquiry seeking examples of cities which require an applicant for a zoning variance to sign an indemnification agreement with the city, I put the question out over the LOGIN computerized information network. I have not had any responses, other than persons wondering what that was or saying they had never heard of it. There may be such agreements in existence somewhere but I was unable to find any. LOGIN can be very slow, so if I do get any responses I will forward them to you. I hope this answers your question satisfactorily. Sincerely, r Ann Houle Research Assistant 1 80 university avenue east, st. paul, minnesota 551 01 (01 2) 227-5000 I C)L MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern RE: Van Pool Holiday Policy Amendment and Fare Policy Poll DATE: July 22 , 1985 Introduction• In a recent survey of van pool riders, 500 of those responding were dissatisfied with our current pay when you don' t ride policy. In response to this concern and the fact that the Metropolitan Transit Commission did not have such a policy, the Energy and transporation Committee met on July 18 , 1985 to consider alter- natives in regard to this issue. Background: At a March 1985 Energy and Transportation meeting, staff reported that the maximum average subsidy per passenger trip that the van pool program could support based on the 1985 budget and ridership projections was $1. 12. At that time our actual average subsidy per passenger trip was 92 cents. Today our actual average subsidy per passenger trip is 79 cents. In March I reported that on a 15 passenger van an average of over 8 passengers per day were needed to stay within our budget guidelines. On a 12 passenger van just under 8 passengers per day were needed to stay within our budget. Today these figures still hold true. while our actual - average subsidy per passenger trip has dropped in the last two months it should be kept in mind that we may experience a slight increase in this figure in the coming months. The expected decrease in passenger trips can be directly attributed to the reduction in classes at the U of M during the summer months and the onset of the vacation season. Staff believes that the majority of our riders would be satisfied if we simply amended the Van Pool holiday policy. Van Pool Policy #13 currently specifies six holidays that we do not operate on. (See Attachment #1) During holiday weeks or months there is no reduction of fares for van pool riders. Amending van pool policy #13 granting a reduction in fares for van pool riders during holiday weeks or months would amount to approximately a $900 . 00 yearly reduction in revenues ( 120 pass. trips per day X 6 holidays X $1. 25 per pass. trip) . This translates into an additional 3 cents to our annual average subsidy per passenger trip. on July 18 , 1985 the Committee moved to recommend to City Council that the van pool holiday policy be amended granting a reduction in fares during holiday weeks or months as specified in Van Pool Policy #13 . In addition, the Committee is recommending to City Council that the van pool riders be polled, giving them a choice between two fare alternatives. A majority vote in favor of the first alternative would allow the riders to pay $1. 50 per passenger trip or by the month $47. 50. In essence this alternative eliminates the pay when you don' t ride policy but increases the daily fare. If this alternative is the popular choice among our riders, this policy will be implemented on September 1, 1985 for a three month period. After the test period there will be a one month evaluation, during which time we will revert to the present fare policy. Upon completion of the evaluation the committee will consider the cost effectiveness of the new policy and determine if it should be implemented on a long term basis. The second alternative to be considered by the van pool riders will be to keep the status quo. Here passengers can pay by the week - $12. 50 by the month - $47. 50 or by the trip $2. 00 . At this time staff believes that the subsidy ratios between the two fare alternatives would be about even. Therefore, if alternative #1 is chosen by our riders it is doubtful that it will have any significant impact on our subsidy per passenger trip and overall project statistics given the fact that it will only be a three month test period. Alternatives: 1. Amend Van Pool Policy #13 granting a reduction in fares during holiday weeks and months; and poll the van pool rider on two fare alternatives implementing the majority decision on September 1, 1985 . 2. Amend Van Pool Policy #13 by granting a reduction in fares during holiday weeks and months. ". 3 . Create additional van pool holidays and grant a reduction in ares during holiday weeks and months. 4 . Keep the status quo. Staff Recommendation: Staff recommends alternative #1. 6 Action Requested: 1. Move to recommend to City Council that the second paragraph of Van Pool Policy #13 be amended to read: "During the week or month in which the van pool holidays specified above fall, there shall be a reduction in fares for van pool riders. " 2 . In addition direct staff to poll the van pool riders on two fare alternatives . The first of which would eliminate the pay when you don' t ride policy. Maintain the monthly fare of $47 . 50 and increase the one-way fare to $1. 50 for a three month trial period. The second alternative would preserve the status quo. Further direct staff to implement the majority decision of van pool riders on September 1 , 1985. Policy Number 13 . Adopted: September 27 . 1984 Effective: October 1 , 198 Amended: December 13 , 198 + Effective: January 9 , 1987 Van Pool Holidays The following days shall be official van pool holidays : New Year' s Day, Memorial Day, Independence Day, Labor Day , Thanks- giving Day , and Christmas Day . Van pools will not run on these days. During holiday weeks or months there shall be no reduction of fares for van pool riders. Van pool drivers and backup drivers are expected to make every effort to coordinate days off sous not to leave the va-n pool group without a driver . In the event that a driver is not going to be available for the van pool group, the van pool driver should contact the transit coordinator at least two weeks in advance of the scheduled driver shortage. If the van pool pasengers cannot be place in other van pools they would have to carpool . Carpool drivers would be reimbursed in accordance with Policy Number 17 . t0-4V MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern RE: Character Generator Deadline DATE: July 23 , 1985 Introduction At an earlier meeting this year, the Shakopee City Council approved a list of assumptions in regard to the character generators for the Shakopee cable system. The assumptions as established and approved by the Cable Commission, City Council and Zylstra-United appear as attachments No. 1 and 2. Assumption No. 10 - System II established July 30, 1985 as the deadline for the installation - and operation of the character generators proposed by Zylstra-United. On July 22 , 1985 the Shakopee Cable Communications Advisory Commission met to consider what action might be appropriate for the City to take in regard to the character generator issue and the approaching deadline. Background In February of this year, the Shakopee Cable Communications Advisory Commission began working with Zylstra-United to determine what equipment was needed to get the character generator system operational. A very thorough process was followed and after much interaction and negotiations between the City and Zylstra- United, a formal list of assumptions in regard to the installation and operation_ of the character generators were agreed to by all involved parties. On June 26 , 1985 I notified Zylstra-United of the approaching character generator deadline and the impending fine for failure to comply with the character generator assumptions that were agreed to by the City and the Cable Company. (See attachment No. 3 . ) On July 17 , 1985 I telephoned Zylstra-United management to again remind them of the character generator deadline. On July 18 1985 I received a letter from United General Manager, Steven Schippers in regard to the character generator. ( See attachment No. 4 . ) The letter seemed to indicate that Zylstra-United would not be able. to meet the character generator deadline. The reason for the delay was being attributed to a delay in the refinancing of the cable system. While this may have in fact been the case, the Shakopee Cable Communications Advisory Commission felt that Zylstra-United was aware of their financial condition when they agreed to the July 30 , 1985 deadline.— Given the process that was followed in arriving at this deadline, the Commission felt that the Cable Company had no excuse for not fulfilling their obligation. The Commission also noted with staff ' s notifications of the approaching deadline and fine, Zylstra-United never formally requested an extension of the character generator deadline. The Commission then moved to recommend to City Council that Zylstra-United be fined $25 . 00 per day for each day that the character generator system is not operable after the July 30 , 1985 deadline. Alternatives 1. Fine Zylstra-United $25 . 00 per day for each day that the character generator system is not operable after the July 30 , 1985 deadline. 2. Extend the character generator deadline to September 30, 1985 . 3 . Table this issue for one month and monitor any progress made by the company in fulfilling their character generator obligation. Staff Recommendation Staff recommends alternative No. 1 , the recommendation of the Cable Communications Advisory Commission. Action Requested Move to fine Zylstra-United $25. 00 per day for each day that the character generator system is not operable after the July 30 , 1985 deadline. BAS/jms Attachment #1 zylstra - united cable u� 0 television company March 28, 1985 City of Shakopee Mr. Barry Stock Administrative Aide 129 East First Ave. Shakopee, MN 55379-1376 Dear Mr. Stock: Since recieving your letter of March 26, 1985 on the character generator variance request, we have reviewed all of your recommended assumptions. We have made a few adjustments and will agree to the revised assumptions as listed below: Zylstra-United Assumptions of Variance No. 4 System I 1. The Company is requesting a change in the location of the character generator from Shakopee Community Services to the Public Access Studio. 2. The Compaany will be responsible for inserting public announcements on this character generator. System II 1. The _Company is requesting a change in equipment from what was originally proposed in the ordinance. 2. The Company is proposing the following equipment or equipment of equal or better quality. Qty. Model # Discription 1 MPC-2094 Micro System I Basic Processor Includes: MPC2000 Basic Processor 128 Page Memory (expandable to 256 pgs) Clock/calendar NOAA Crawl One (1) UDC w/Sync Memory Power Protection 123 West 3rd Street P.O. Box 146 Chs ska, MN 55318 612/448-3831 PAGE 2 3 KB2000 Remote Keyboard 3 Mod 3A 300 Baud Originate Modem 1 Mod 3P 300 Auto Answer Modem 3 10" Color Monitor 3. The new equipment being offered is of equal and/or better quality than that which was originally proposed. 4. All costs associated with the equipment listed in variance No. 4 or equipment of equal or better quality and any other incidental equipment that may be necessary to implement the system will be the responsibility of the Company. S. The character generator will be located at the Shakopee Head End. 6. One channel will be activated for character generator use as proposed to the original two channels. Any additional equipment needed in the future for an additional character generated channel will be the responsibility of the city. 7. A series of messages being broadcast over this character generator can be interrupted for special emergency announcements or cancellations. S. The Cable Company is responsible for providing the following equipment or equipment of equal or better quality and any other incidental equipment that may be necessary to connect the equipment shown below any time after a one year period from the date of installation and a 90 day notice from the city. 1 - Remote Keyboard - Model KB2000 1 - 10" Color TV Monitor 1 - Originate Modem - Model 300 Baud Originate Modem 9. The Company guarantees that the equipment listed in assumption #8 or equipment of equal or better quality will be compatable to the equipment being proposed and at no cost to the city. � D PAGE 3 10. The Company will provide the following institutions with the equipment as proposed in the variance proposal or equipment of equal or better quality by July 30, 1985. Failure by the Company to comply within this time frame will subject the Company to a fine of $25 per day for each day that the character generator system is not operable. Shakopee Community Services Shakopee Area Catholic Schools Shakopee Senior High 11. The Company will provide training to those groups receiving character generators and promote a users group. 12. Given all assumptions listed above, Zylstra-United will have financially fullfilled their obligation as required by the Franchise Ordinance. Although we agree to the assumptions listed above, I dislike being given a deadline or negative option as an alternative (Assumption 10) . I feel I have been very honest and have acted in good faith throughout the entire -negotiations. In the future, the City should be advised that Zylstra-United will be freezing all capital expenditures (after the character generator purchase) until the Company regains complete financial support. Our system as well as various local systems are finding it almost impossible to financially manage and support a state-of-the-art system. The city should feel priviledged to have United Cable Television Company make an outstanding effort in improving operations. For Zylstra-United to be able to comply with this agreement, we would appreciate immediate response concerning the outcome of the variance. If you should have any questions regarding this matter, feel free to call. Thank you. Respectfully, r � John B. Suranyi Z/U System Manager JBS/mk Attachment Number 2 Cable Communications Advisory Commission amendment to John Suryani ' s letter in regard to character generator assumptions dated March 28 , 1985 , Assumption number 12 amended to read: When the equipment in regard to the character generators as listed in assumptions 1-11 above is. received, installed, operational and accepted by the City of Shakopee , Zylstra-United will have financially fullfilled their character generator obligation as required by the franchise ordinance Dated: May 24 , 1985 Attachment #3 CITY OF SHAKO .",EIEE INDaRPDRATED 187D -�.;�, 129 E. First Ave. Shakopee, Minnesota 85379-1376 (612) 445-3650 June 26 , 1985 Mr. James Clark Central Division Manaaer United Cable Television Corp. 425 Tolaate Road, Suite D. Mona Loa Office Park Elgin, IL 50120 Dear Mr. Clark: On April 9 , 2.985 the Shakopee City Council accepted the Shakopee Cable Communications Advisory Commission 's recommenda- tion to rescind Cable Variance No. .3 in its entirety and approve Cable Variance No. 4 (character generators ) . Approval cf the proposed Variance was conditioned upon receipt of a letter X rom the Zylstra-United's System Manager stating that they were in full agreement with the assumptions set forth by the Citv cf Shakopee and conditioned upon the receipt of an acceptable list of equipment. On March 29 , 1985 I received a letter from Nom. John SuranN,i , Z,,*lstra-United' s System Manaaer, agreeing in part to the City of Shakopee ' s assumptions in regard to the character generator issue (see attachment No. 1 ) . On May 20 , 1985 the Shakopee Cable Communications Advisory Commission accepted Mr. Suranyi 's letter and list of eauipment with the exception of assurriDtlon No. 12. On May 24 1985 you personally signed off on the Shakopee Cable Communications Advisory Commission ' s admendment to John Suranyi ' s letter dared March 28, 1985 ( see attachment No. 2 ) . Please pay particular attention to system two, assumption No. 10. I have underlined the key language that you should be concerned with at this time. I feel obligated tc inform you that should the company fail to have the character aenerator - equipment operational by the July 30 , 2.985 deadline the City' of Shakopee will exercise -ts right to fine the Cable Company as specified in assumption No. 10. If you should have anv cruestions regarding this matter , Please feel free to call me at 445-3650. Si ncerel�, Ba__ A. Stock Administrative Aide cc: Lill Anderson, Chairman Shakopee Cable Communications Adviscry Commission John K. Anderson, City Ad-mI istratcr R_ll LepTek , Zy-Is tra"Un` edl _7:c cess' 14arvacrer united cable television of surpy county July 18, 1985 Barry Stock Administrative Aide City of Shakopee 129 East First Avenue Shakopee, MN 55379-1376 Dear Mr. Stock: This letter is in response to your telephone request for information regarding the installation of Character Generators for the City of Shakopee. You will recall from the visit Mr. James Clark and I made to the system on July 8, 1985, that United is in the process of refinancing the oper- ation. As soon as new financing is secured for this operation, United will be in a position to order the necessary equipment to satisfy the cities needs. I estimate that the refinancing could be complete in as little as two weeks with an estimated lead time for equipment of 30 days. We could reasonably expect installation of the Character Generator within eight weeks. I will be in Shakopee on July 24th and would be eager to discuss with you your planned use of the remote Character Generator. If United has detailed information about your short term and long term use of the equipment and the needs of the community, we will be in a better position to configure the equipment to best satisfy the needs of the community. I have been told that the City of Shakopee may have performed a user sur- vey regarding this equipment. If such a survey was, in fact, complete, I would be most interested in a copy of the results. If you have any further questions regarding this project, please don't hesitate to call. I look forward to seeing you again on July 24th. United appreciates the cooperative spirit the City of Shakopee has shown. Sincerely, f Ste J..r Schippers Gene�rraf Manager SJS/cal cc: Jim Clark 1500 Wali Street Bellevue, Nebraska 68005 402/292-4049 MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern 'RE: Council Chambers Sound System DATE: July 26 , 1985 Introduction In the past, residents viewing Council meetings over the public access channel have commented on the poor audio quality that they are receiving. The City has also had some problems in getting a quality audio tape of the meetings held in the Council Chambers. These problems prompted the Shakopee City Council to request the Cable Commission to prepare some alternatives for resolving the audio problems. Background In November of 1979 an audio reinforcement system was installed in the City Council Chambers at a cost of $2 , 165 . 00 . The equipment purchased at that time is shown in attachment No. 1. Several months ago I contacted Bill Lepley and requested him to inspect our current sound system. Mr. Lepley discovered several major problems with the current system. The problems discovered are as follows: 1 ) the microphones purchased in 1979 only pick up sounds from a distrance of 12 to 18 inches , 2 ) the system is not wired properly, 3 ) the LED light on each microphone stand is interfering with the microphone ' s ability to pick up sounds , 4 ) the wall speakers are placed in such a position that they are causing feedback on the system, and 5 ) the current sound mixer is getting old and should be replaced within the next 3 to 5 years . on July 29 , 1985 the Cable Communications Advisory Commission met to consider several alternatives that could be taken to improve the sound system. The first alternative discussed involved the purchase of seven new microphones , a four channel mixer, rewiring of the existing system and moving the existing speakers to a more suitable location. Cost estimates for this alternative range between $1300 and $1500 . Alternative No. 2 involves rewiring the existing microphones and system as well as moving the current speakers. Total cost for materials and labor would be approximately $350 . 00 . This alternative would not significantly improve the system but would be better than nothing. Alternative No. 3 would involve purchasing a new eight channel mixer, seven new micrphones , rewiring of the existing components , and moving the speakers. Total cost for labor and materials would be approximately 62 , 000 . 00 . Alternative No. 4 involves the purchase of a portable sound system and is being recommended by the Cable Commission. On several occasions in the past and more recently, the City has exhibited the need for such a system. With the City of Shakopee growing rather quickly in both residential and commercial terms , the need has arisen more frequently to hold meetings that attract a large number of residents . Because of the relatively small nature of our Council Chambers , meetings attracting more than 40 residents usually have to be moved to a larger facility. These facilities often times do not have the necessary equipment to adequately amplify the audio for the audience. In the last two months alone there has been four separate occasions when the City has had to lease audio equipment for meetings outside of City Hall. A local resident has been allowing the City to rent his sound system at a cost of $30 . 00 per time. This cost does not include set up or take down. City staff spends between one and two hours performing these tasks each time the system is needed. To rent a sound system from a different supplier would cost between $100 . 00 and $130 . 00 not including set up charges. In light of the fact that a new City Hall will probably not be built within the next two to three years, the Commission felt the benefits of a portable sound system were significant. A portable sound system would not only solve the audio problem in the Council Chambers but it would also solve any audio problems in meetings held outside of City Hall. A portable system would be user friendly and would have a direct output jack for a tape recorder, thus improving the quality of our tape recorded meetings. Cost estimates for such a system that would include seven microp- hones, a eight channel mixer and two speakers range between $2600 and $3000 . In addition to the need for a portable system several staff members and departments heads have stated that a podium for people making presentations from the audience would be useful. Cost for a combination podium/overhead stand is approximately $400.00 . If new microphones are purchased the City might be able to sell the old microphones. If a buyer can be found, the City could expect to receive between $20 . 00 and $30 . 00 for each microphone sold. In fact we might be able to sell the entire system for approximately $1 , 000 . 00 if a buyer could be found. This past May, staff contacted the Shakopee Access Corporation to see if they would be willing to assist in the financing of improvements to the Council Chambers sound system. The Access Corporation' s position in regard to this matter can be seen in Attachment No. 2 . If the Council pursues improving the sound system the two funding sources available for this project are -the 1985 contingency fund or the 1986 budget. Gregg Voxland has stated that the contingency fund may be needed this year and he would rather see this expenditure budgeted for 1986 . 10 Alternatives Council Chambers sound system: 1. Purchase seven new microphones, a four channel mixer rewiring the existing system and moving the existing speakers to a more suitable location in the Council Chambers at a cost not to exceed $1500. 00 . 2. Rewiring the existing microphones and system and move the speakers to a more suitable location in the Council Chambers at a cost not to exceed $350 . 00. 3 . Purchase a new eight channel mixer, seven new microphones, rewiring the existing components and move the speakers to a more suitable location in the Council Chambers at a cost not to exceed $2 , 000 . 00. 4. Purchase a portable system that would include seven new microphones, an eight channel mixer and two speakers at a cost not to exeed $3 , 000. 00. 5. Do nothing. Council Chambers podium: 1. Purchase a combination podium/overhead stand at a cost not to exceed $400. 00. 2. Purchase a podium at a cost not to exceed $250 . 00. 3 . Do nothing. Financing alternatives: I. Fund improvements using the 1985 contingency fund. 2. Budget any improvements in the 1986 budget. 3 . Do nothing. Staff Recommendation Council Chambers sound system - Alternative No. 4 , the recommendation of the Cable Communications Advisory Commission. Council Chambers podium - Alternative No. 1 . Financing - Alternative No. 2. Action Requested Move to direct staff to budget in 1986 a portable sound system that includes seven new microphones, an eight channel mixer, two speakers , and a podium/overhead stand at a combined cost not to exceed $3 , 400. 00 . BAS/jms " ~ Shakopee ' Access^ ���� K���2����%���' y'orporari on C~ P.O. Box 273.Sbakopot:, Minnesota.55371) May 31 , 1985 -/ City of Shakopee - 129 E. First Ave. Shakopee, MN 55379 ATT: Barry Stock Dear Barry, In August 1984 the Shakopee Access Corporation took the initiative and, with City approval , began cabIecasting the City Council meetings to the Shakopee community. Shakopee Access Corporation Board of Directors felt that because this type of programming belongs on the government access channel that after the initial startup phase the Access participation would not be required. With limited funds amd voluntary help we are very restricted in the number of projects that can be undertaken at any one time. The 1985 Access budget does not have funds available to support any imporvement in Council meeting cablecasts. We would like to meet with City staff to resolve problems with the City Council meetings or other City functions that require involvement of Shakopee Access Corporation. Sincerely, Robert J. Ziegler Vice Chairman mpz Attachment No. 1 Equipment purchased in 1979 : 7 each - DS35 ElectroVoice microphone 6 each - S37A Shure microphone stand with switch and LED 1 each - MS12C Atlas floor microphone stand 1 each - CT35 Bogen amplifier with 4 each TM200 transformers 2 each - SD1065 Argos column speaker 1 each - AE custom control box with Audience microphone on/off switch, tape recorder input and output jacks Misc. wire cable and hardware to complete Note: M68 Shure mixer presently in use was utilized in the new system. MEMO TO: John K. Anderson, City Administrator fla") FROM: Judith S. Cox, City Clerk RE: Application for Temporary 3 . 2 Beer License from Knights of Columbus Home Assoc. , Inc. DATE: August 1 , 1985 ,introduction and Background The City has received an application from the Knights of Columbus Home Association, Inc. for a softball tournament on August 24th and 25th, 1985 at Tahpah Park. The application is in order. Action Recommended Approve the application and grant a temporary 3 . 2 beer license to Knights of Columbus Home Association, Inc. at Tahpah Park for August 24th and 25th, 1985 . JSC/jms l MEMO TO: John K. Anderson, City Administrator FROM: Joseph P. Ries , Fire Chief RE: Capital Equipment - Rescue Truck DATE: August 2 , 1985 We request permission to advertise for bids on the rescue truck which is budgeted for 1985. Attached is a memo from the truck committee outlining the truck and how it is used. A copy of the specifications of the proposed rescue truck and a drawing of the proposed truck made by one of several manufactures we were working with to give you a better idea what the truck would look like - is attached. The truck specifications were viewed by the Asst. City Attorney, Rod Krass , and a meeting was held with Council purchasing committee. JPR: cah Attachment MEMO TO: john K. A nderson, City Administrator FROM: Shakopee Fire Truck Committee RE: Rescue Truck DATE: Introduction and Back round: The truck described in the attached the third truck to respond to fire calls1 jurisdiction. incthe oShakopeebe The present Rescue truck, which carries 6 firefighters, in inadequate and hazardous to the firefighter. The vehicle is too small and overloaded. The equipment housed in the Rescue truck is hard to reach and has to be stored mainly on the inside of the truck. When the compartments equipment falls out, are opened The new Rescue truck is designed to carry 6 firefighters safel This unit will have most of themergency equipment stored in e exterior compartments allowing room to remove equipment y. more efficiently. On one side of the Rescue truck there will be storage for ventilating equipment, lights, cords, shovels, air bottles, etc. The other side of the Rescue truck will be set up for Hurst tools, back boards, and other rescue eauipment, therefore allowing us better availability where time in lifesaving may be a factor. The inside of this vehicle will carry Hazardous Chemical suits, first aid texts, a catalog index and references for Hazardous Chemicals, and a small command area for major fire situations. Great care and many hours have been taken ;to arrange the ,. attached specifications and we feel the Rescue truck described will be used to serve the City' s needs now and for some years to come. y C t `oCo .gym. sew gc= Ell I I ' i i _ h 0 a = © lT Ll I Xt a I M v 14 �I LA / o --H--- AI pi 1 - o IL rte w I ty t o I -- t4 15 M Y EO >s FIRE RESCUE SPECIFICATIONS SPECIFICATIONS FOR FIRE/RESCUE APPARATUS AND EQUIPMENT For: Shakopee Fire Department INTENT: It is the intent of these specifications to secure an apparatus to withstand the service and continuous use encountered in the emergency fire fighting service. The apparatus shall be of the latest type, symetrically proportioned and constructed with due consideration of a load to be sustained. All parts, not specifically mentioned herein, but which are necessary in order to furnish a complete fire apparatus, shall be furnished and shall conform to the best practices known to the fire/rescue apparatus industry. RELIABILITY OF CONTRACTOR: The Contractor shall furnish satisfactory evidence that he has the ability to construct the apparatus as specified and shall state the location of the factory where the apparatus is to be built , tested, and serviced. The apparatus body design prints , as required by the specifications, shall be an original design generated by the Contractory/bidder, and not reproductions of rescue/fire apparatus designs previously engineered by other contractors/manufacturers. GENERAL REQUIREMENTS: To be considered, all proposals must be made in accordance with these "advertised specifications". The bidder shall furnish complete "proposal specifications" on their own stationary. Copies or reproductions of these "advertised specifications" are not to be used as any part of the Bid Proposal. Any contract in which the purchaser shall enter into shall include the attached specifications in addition to the Bidder's"Proposal Specifications" . The apparatus and all major components shall be manufactured in the United States. Where the following specifications require specific brand names, model numbers, dimensions, or capacities of components , the same shall be supplied as all have been carefully selected for their reliability and availability of replacement parts. All specifications herein contained are considered as minimum. No exceptions to these minimum standards shall be allowed relating to the gauge of metal, size of compartments, method of construction, and overall design. It is the intent of the Fire Department to receive proposals on equipment/apparatus meeting the attached detailed specifications in their entirety. Any proposals being submitted WITHOUT "full compliance" with the advertised specifications shall so state on the Bid Proposal page, followed by a detailed "Letter of Exceptions" listing the areas of non—compliance and equipment being substituted. Bidder Specifications must meet minimum requirements of NFPA pamphlet # 1901 and all state and Federal Dept. of Transportation vehicle regulations at date- of contract signing. The Bid price shall not include any local , state, or federal taxes . The Bidder shall not be liable for any state or federally mandated tax or program after the sale of this apparatus . 1 FIRE RESCUE SPECIFICATIONS All bidders shall be required to detail in exact terms , the payment for said apparatus in their Fire Apparatus Proposal . Pre-payment for chassis portion shall be permitted, provided a 100% Performance Bond is furnished within 15 days after signing contract forms. The delivered apparatus shall have a certified GVWR weight sticker applied to vehicle upon delivery to assure the apparatus meets all laws pertaining to weight carrying capacity of the vehicle. Each bid shall be submitted with a complete detailed print of the apparatus as is specified. The print shall be to scale, minimum of 1 inch = 10 inches, of the exact apparatus being proposed and not a stock print of a similar unit . The print shall have complete views of the left side with chassis cab, right body side, and rear of apparatus . Rescue apparatus shall also include full top view of apparatus body and chassis cab seating areas. All compartmentation, cargo bed arrangements , lighting locations, and any optional crew cab dimensions shall be noted on the print . All submitted drawings shall become a part of the proposal , failure to submit the required prints with the sealed Bid Proposal is cause for REJECTION of the proposal and bid. No exceptions shall be made for non-compliance with drawing/print requirement. Bidders taking "total exception" to these advertised specifications are hereby advised that such statement will result in immediate REJECTION of the Bid Proposal. No exception will be taken for stainless steel material, where specified, since it is available to all custom fire/rescue manufacturers. PROPOSALS: All bids must be signed by the manufacturer of the apparatus being proposed. Bids signed by a sales representative shall be declared informal and will be rejected. Each bid must give the full business address of the manufacturer. Bids by a Corporation must be authorized and signed by the President . Same signature is required on specified Bid Bond and follow- up Performance Bond. All bids must be in the same sequence as these Advertised Specifications for ease of comparison. Any Bid not in this sequence may be disregarded and rejected. A Bidder's Bond in the amount of 10% shall be furnished with each Bid Proposal written by a corporate surety, payable to the Fire Department . This Bond is to insure that the Bidder will enter into a Contract for the equipment as per the following detailed specifications with NO EXCEPTIONS. The Fire Department reserves the right to reject any or all Bid Proposals and purchase the equipment it prefers. WITHDRAWAL OF BIDS: Bids may be withdrawn by certified mail or telegraphic request from Bidders prior to time fixed for opening. Negligence on the part of the Bidder in preparing the Bid Proposal confers no right for the withdrawal of the Bid after it has been opened. No Bidder may withdraw his Bid after the time set for the opening thereof. LIABILITY: The Bidder, if his Bid is accepted, shall defend any and all suits and assume all liability for use and all claims made against the 2 FIRE RESCUE SPECIFICATIONS purchaser or any of its officials or agents for the use of any patents, process , device , or article forming a part of the apparatus or any appliance furnished under contract . MANUALS: The manufacturer must supply, at time of delivery, two complete and detailed Operation and Maintenance manuals for all apparatus components , including: chassis, pump, generator, lighting fixtures, wiring diagrams of electrical system and all production drawings on body fabrications . CARRYING CAPACITY: The full laden weight of the completed vehicle, including the full complement of equipment and equivalent personnel loading of 1500 lbs. , shall not exceed chassis manufacturers published GVWR for this model . In any event , the total load of each axle shall not exceed the published rating for the axle, nor exceed the axle loads permitted under applicable laws. AWARD OF CONTRACT: The Contract will be awarded, as soon as possible, to the most "responsible bidder", provided his Bid is reasonable and it is in the best interest of the Fire Department . The purchaser reserves the right to waive any informality in bids received when such waiver is in the interest of the purchaser. Also, to accept any item in the bid, found to be of superior quality or otherwise preferred by the purchaser. Each Bidder shall be prepared, if so requested by the Purchaser, to present evidence of his design experience/capabilities and manufacturing ability to carry out the terms of the contract . REJECTION OF BIDS: The competency any responsibility of Bidders will be considered in making the award. The Purchaser reserves the right to reject any or all Bids when such rejection is in the interest of the Purchaser, and to reject the Bid of a Bidder who, in the judgement of the purchaser , is not in a position to perform the Contract. The Purchaser does not , in any way, obligate itself to accept the lowest or any Bid. SERVICE REQUIREMENTS: To insure a Purchaser a source of service and parts over the 20 year anticipate life of the apparatus, the Bidder shall provide factory service, fabrication/manufacturing, and testing factilities within 150 mile radius of the Fire Department-. This same facility must stock a complete line of all fire fighting equipment and parts for this apparatus. Records as to the purchase source for all auxilliary components of the specified apparatus shall be available to the purchaser upon his request. This purchase .information shall include manufacturer name, model number, authorized distributor, current part number, and special installation instructions . INSPECTION: The manufacturer/bidder shall include, with his Bid Proposal, all expenses for the travel of four truck committee members to the factory of the manufacturer for two inspection trips during the construction and pre— delivery of the new apparatus . Air travel is to be furnished. ACCEPTANCE TESTS AND REQUIREMENTS: Acceptance tests on behalf of the Purchaser shall be prescribed and conducted prior to delivery or within 10 days after delivery by the manufacturer's representative in the presence of such person or persons as the Purchaser may designate in their requirements for, delivery. 3 FIRE RESCUE SPECIFICATIONS In the event the apparatus fails to meet the test requirements of these specifications on first trials , second trials may be made at the option of the Bidder within 30 days of the date of the first trial. A road test shall be conducted with the apparatus fully loaded and a continuous run of 10 miles will be made under average driving conditions during which time the apparatus shall show no loss of power or over heating. The transmission, driveshafts, front and rear axles, etc . , shall run quietly and free from abnormal vibrations or noise throughout the operating range of the apparatus. DELIVERY: The manufacturer shall specify the number of working days after award of Contract and receipt of chassis , in which the apparatus will be completed. The maximum period for this construction shall not exceed 180 working days and shall include the time required for delivery of the chassis to the apparatus manufacturer. The contractor will not be held liable for delay or delivery caused by accidents, strikes, floods , or other events not subject to their control. The completed unit must be delivered to the Purchaser with full instructions provided to the Fire Department personnel on operation, care, and maintenance of apparatus at the Purchaser's Fire Station. Delivery shall be performed by an officer of the Corporation/manufacturer. Delivery shall be via drive—away from the factory direct to the Purchaser. Any promotional displaying of specified apparatus shall be approved by the Purchaser with all expenses and insurance to be provided by the manufacturer. WARRANTY: As a condition of the acceptance of the apparatus , the Contractor shall furnish the following Warranty: We warrant each new piece of Fire and Rescue Apparatus to be free from defects in material and workmanship under normal use and service. Our obligation under this warranty is limited to repair or replacing, as the Company may elect , any part or parts thereof which shall be returned to us with transportation charges prepaid and as to which examination disclose to the Company's satisfaction to have been defective, provided that such part or parts thereof shall be returned to us not later than one year after delivery of such vehicle. Such defective part or parts i will be returned or replaced free of charge and WITHOUT CHARGE for re— installation, to the original purchaser. This warranty will not apply: 1 . To normal maintenance services or adjustments . 2. To any vehicle which shall have been repaired or altered outside of our factory in any way so as in our judgement , to affect its stability , nor which has been subject to misuse, negligence, or accident , nor to any vehicle made by us which shall have been operated at a speed exceeding the factory rated speed, or loaded beyond the factory rated load capacity. 3. To commercial chassis and associated equipment furnished with 4 FIRE RESCUE SPECIFICATIONS `( chassis, signaling devices, generators, batteries, or other trade accessories inasmuch as they are usually warranted separately by their respective manufacturers. This warranty is in lieu of all warranties , expressed or implied all other representations to the original purchaser and all other obligations or liabilities , including liabilities for incidental or consequential damage on the part of the Company. We neither assume any other warranty or liability on the Company's behalf unless made or assumed in writing by the Company. ADDITIONAL REQUIREMENTS: The apparatus shall be constructed with due consideration to the nature and distribution of the load to be sustained and to the general characteristics of the service. All dimensions are subject to a plus or minus 1/4 inch tolerance. The materials specified are considered absolute minimum. Exceptions will not be accepted or permitted since all raw materials of the specified type are available to all manufacturers. Since all custom manufacturers have the ability to shear, brake, and weld as these specifications require --all basic requirements must be complied with . 5 FIRE RESCUE SPECIFICATIONS APPARATUS BODY MATERIALS AND CHASSIS PREPARATION: All following specified "galvaneal" shall be of Type A-60, cold-roll base material of specified minimum gauge . All specified stainless steel shall be Type 304 , 2-B on exterior panels and #4 (brushed) on compartment interior panels . All specified 4-way aluminum treadplate shall be . 125 inch "polished" treadbrite Type 3003. All specified fasteners to be stainless steel Phillips head cap screws and all nuts to be "Kep-Nuts", designed to prevent loosening. Substitution of lighter gauge stainless steel , galvaneel, or aluminum materialsshall not be acceptable . No substitute will be acceptable to stainless steel where specified. Prior to the construction of this vehicle, various chassis attachments such as: battery boxes, air reservoirs , air dryers , fuel separators , mufflers, tailpipes, filters, fuel tanks, and other bolt-on frame attachements shall be removed and relocated to permit full utilization of chassis for equipment compartments. All above specified components, where possible, shall be mounted on inside of chassis frame rails providing maximum compartmentation. The attachement of the apparatus body subframe shall include full length bolted stainless steel angles attaching apparatus body subframe to chassis frame rails. Chassis frame, springs, axles, steering arms, and entire body subframe assembly shall be vinyl wash primed, zinc chromate primed, and acrylic enamel painted prior to assembly and installation of apparatus body. CHASSIS: Following specified chassis to be Hendrickson model 1871-WA tilt cab and chassis with specified custom cab modifications . All cab modifications to be performed by apparatus body manufacturer with modifications approved by Hendrickson mobile equipment company. FRONT AXLE: The front axle shall be a Rockwell, model FG-931 , heavy duty I-beam construction with minimum load rating of 14 ,600 lbs. The chassis wheelbase shall be approximately 210 inches with a cab-to-axle ' distance of approximately 150 inches . REAR AXLE: The rear axle shall be rated at no less than 24,000 lbs. It shall be a single or double reduction, single speed, full floating type with hypoid gears. The gear ratio of the rear axle combined with the gear ratio of the transmission shall- produce a speed in the highest gear at a governed RPM of not less than 60 miles per hour. Rear axle to be Rockwell model R- 155. Rear axle to be equipped with no-spin or limited slip traction lock feature. Axle housings shall clear road surface by at least 8 inches and angle of • 6 FIRE RESCUE SPECIFICATIONS departure of at least 8 degrees must be maintained at rear of vehicle when fully loaded. STEERING GEAR: The steering gear shall be Shepherd heavy duty hydraulic power steering unit, integral type padded 20 inch diameter steering wheel furnished. Lower portion of steering column inside cab and floor mounted headlight dimmer switch to be enclosed inside fiberglass housing. AIR BRAKING SYSTEM: Brake system shall comply with current regulations. Service and parking brakes shall be independent and separate systems. All brakes shall be readily accessible for adjustment . Service or foot controlled brakes shall operate on all wheels . Service brakes shall be full air actuated, heavy duty type and provided with minimum 16 CFM compressor. Brakes shall be of the quick-build-up type complete with triple air tank installation with individual manual drains. Chassis interior cab dashboard mounted low pressure warning buzzer with warning light, dual-needle (duplex) air pressure gauge, ,and specified parking brake control to be furnished. Brakes to be of the "Disc Type" on front and rear axles. Brake performance shall comply with applicable regulations; however, as a minimum requirement , service brakes shall be capable of bringing the fully laden vehicle to a complete stop from an initial speed of 20 mph in a distance not exceeding 30 ft . by actual measurement on a substantially hard surface road that is free from loose material, oil or grease. Service and parking brake systems operating independently shall be capable of positively holding the vehicle, fully loaded, on a 20% grade or a maximum grade specified when the vehicle is performing any of its designed stationary functions. Air Bendix model AD-4 remote mounted air dryer shall be furnished, located for convenient servicing. Automatic or manual moisture ejector shall be furnished in addition to the Bendix air dryer and located on all air tanks. Air dryer to be mounted on the chassis frame rails inside of the frame rails so as to allow for maximum body compartmentation. Air dryer to be mounted to allow total servicing of the air dryer and its components . Aircraft type high pressure braided hoses with swivel fittings to be used on all flexible brake lines . Quick coupler air chuck, complete with dual check valves and screw type shut- off valve to be furnished, mounted inside left step door entrance with male and female couplers furnished. Air coupler installation to be designed so as to allow quick filling or continuous connection from an outside air source . There shall be a spring actuated MGM safety brake on the rear axle with dash- mounted control for application as a parking brake. Rear spring brake shall apply automatically ineventof total airline failure and will be indicated 7 FIRE RESCUE SPECIFICATIONS by red warning light on cab dashboard. Warning light also to be on when parking brake is engaged. Yellow handled control to be located on cab dashboard for parking and release. Emergency spring brake release system to be furnished. Neither a lock-up device to retain applied pressure on hydraulic actuated service brakes nor a "park position" on an automatic transmission, as a substitute for separate parking brake system, is acceptable. CHASSIS CAB SPECIFICATIONS: One Hendrickson model 1871WAT tilt-style cab, specifically designed for fire apparatus , to be furnished. The front section of cab to contain seats for driver and passenger with approved seatbelts. Seat cushions to be deep air foam rubber type upholstered heavy black vinyl. Cab interior to be painted black, complete with deluxe black heavy-duty vinyl padded dashboard, headliner, and door panels . Polished 4-way aluminum door panel kickplates to be furnished. Cab to be of all aluminum construction welded and bolted design with cab tilting mechanism to be air over hydraulic , complete with automatic cab locking device. Interior glove compartment to be provided in right side of dash, minimum size of 6 inches X 12 inches X 5 inches . Two 3 inch diameter chrome plated interior dome lights to be provided. Interior cab lights to light when doors are open and also equipped with individual fixture-mounted switches . Two black 6-1/2 inch X 29 inch padded vinyl sun visors to be provided. Polished 4-way aluminum treadplate floor boards to be furnished in all interior cab sections. Polished 4-way aluminum treadplate to extend up fire wall area at driver's position to protect interior cab mounted wiring and air lines. Two piece safety plate tinted flat windshield to be furnished. Dual air operated windshield wipers to be furnished, complete with individual air controls located on cab dashboard. Inside cab width from door panel to door panel to be minimum .of 84-_1/2- _ - inches . 18 inch long stainless steel handrail furnished at each cab entrance door, complete with chrome plated brackets . Door latches to be quarter-turn chrome handles inside and outside. Interior door handles and window cranks to have stainless steel protective plates over vinyl interior door panels . Two well braced chrome plated or polished stainless steel style rear view mirrors to be furnished, West Coast style with minimum 6 inche X 16 inch mirror heads. Mirrors shall not interfere with door openings, driver's vision, or cab-mounted spotlights . Additional round convex style mirrors shall be furnished, stainless steel, bolted to bottom of above specified mirrors . Left and right side West Coast mirrors to be electrically adjustable from cab interior driver's position. Front fenders to be polished aluminum extrusions with full aluminum wheelwell inner liners for streamlined appearance. 8 FIRE RESCUE SPECIFICATIONS Front interior cab entrance steps to be expanded metal recessed below interior cab floor level and behind cab access doors . Heavy duty quarter inch reinforced rubber mudflaps to be furnished, installed behind front wheels. Mounting brackets to be stainless steel . Full width fabricated channel stainless steel polished front bumper to be furnished bolted to chassis frame rails. The body manufacturer shall install a raised extension to the chassis cab canopy area. Roof shall be raised starting behind front cab bulkhead to include a slanted forward panel for pleasing streamlined appearance. Top of raised canopy portion to be S inches body squad cab roof. Upper sides of raised extension shall be equipped with tinted safety glass windows inset in extruded rubber mouldings. Window designed to accent streamlined appearance. Interior cab extension minimum height to be 70 inches . Rear canopy side extensions shall overlay original canopy sides at approximately 16 inches to original aluminum Hendrickson canopy cab. Side and roof extensions to be fabricated of heavy aluminum material designed for maximum strength and minimum additional weight. Interior of new extended section shall be fully insulated and furnished with KEMPLY fiberglass bonded to plywood (same as interior of rescue body) . Floor and lower interior sidewalls shall be fabricated or covered with polished 4- way aluminum treadplate material. Interior raised roof section to be properly reinforced so as to support the weight of a person standing on raised canopy roof extension. Raised canopy roof exterior surface to be fabricated of polished 4-way aluminum treadplate material for scuff-free surface. The canopy extension area shall be provided with walk-thru area into specified rear squad body. Walk-thru area to be separated by heavy-duty rubber boot, comletely surrounding canopy cab opening. Interior body height to be maximum size to allow standup walk-thru between canopy cab and rear apparatus body squad cab. Minimum clearance height to be 78 inches from floor to ceiling. Canopy cab area shall be equipped with three individual black vinyl covered "bucket seats" with approved seatbelts . . Seat back rests to be fabricated of painted galvanized steel designed to include recessed mounting of a Ziamatic airmask bracket (brackets to be furnished one per seat). recessed into backrests and equipped with dual vinyl-covered foam back cushions. Individual vinyl covered bucket seats to be horizontally adjustable. Seats shall be: center seat facing rear cab walk-thru area, left and right side seats angled toward center canopy walk-thru area. Seat locations to provide for maximum interior seating space with minimum interference from occupants . Bulkhead area between front and rear cab section to open (no window) full .width of cab. ELECTRICAL SYSTEM: Alternator and starting device shall be of moisture-resistant type, FIRE RESCUE SPECIFICATIONS accessibly mounted and protected against excessive heat. All electrical circuit wiring shall be made with stranded copper conductors of carrying capacity commensurate with the anticipated maximum circuit loading with insulation in accordance with the recommended standards of the Society of Automotive Engineers for such loading at the potential employed. Overall covering of conductors shall be of moisture-resistant type SXL high temperature jacket . All connections shall be made with lugs or terminals mechanically secured to the conductors . Wiring shall be thoroughly secured in place and suitably protected against heat, oil , and physical injury where required. Chassis loom extending from chassis cab to rear of apparatus body shall be enclosed inside one inch electrical PVC tubing to prevent moisture damage and allow for future installation of additional 12 volt or 110 volt multi-stranded insulated wires. Circuits shall be provided with suitable remote protective devices. Such devices shall be readily accessible and protected against excessive heat, physical injury, or water spray. Manual or automatic reset circuit breakers to be provided, located in a convenient electrical compartment. A 190 amp Leece-Neville model 2234 belt or gear driven alternator shall be furnished, complete with necessary regulator. All wires shall be sufficient size so that voltage drop in any electrical device shall not exceed 15%. The electrical system shall be 12-volt negative ground. An electrical starting device shall be provided (engine starter) . Its characteristics shall be such that when operated under maximum load, current draw does not induce a voltage significant to adversely affect the function of the electrical system. A keyless style ignition/starter switch shall be furnished with red pilot indicator light on cab dashboard. On apparatus equipped with an automatic transmission, a neutral safety lock-out switch shall be provided to prevent starting of the chassis engine with transmission gear selector in any gear other than neutral. Four sealbeam rectangular halogen front headlights to be furnished, mounted in chrome plated steel housings. Two amber Guide arrow-directional lights to be furnished, mounted on front of cab, one on each side. Self-cancelling type turn signals shall be provided with turn indicator lights on dashboard. All federally approved marker lights and reflectors to be furnished on cab roof and cab sides with amber lenses. A dual battery system shall be furnished with two, 225-amp hour batteries, mounted in a convenient and easily accessible battery compartment . Batteries shall be mounted on a stainless steel fabricated tray equipped with dual cadium plated 250 lb. Grant roller slides . Battery to be of the roll-out style, completely exposing both batteries when in the extended position. A hinged emergency electrical switch console to be furnished, complete with individual internally lighted rocker type switches. and back lighted labels. FIRE RESCUE SPECIFICATIONS A single paddle style lighted emergency master switch to be furnished, wired to a heavy duty remote solenoid designed to activate all specified emergency lighting switches. A Cole-Hersee model M-705 400 amp rotary battery selector switch shall be provided and mounted on interior cab dashboard or vertical panel below driver's seat. DASH MOUNTED CONTROLS AND INSTRUMENTS The following controls and instruments shall be provided and installed on interior cab dashboard easily accessible for future service: Cole Hersee model 705 battery selector switch Engine temperature gauge with warning light and buzzer. t Engine oil pressure gauge with warning light and buzzer Transmission temperature gauge with warning light and buzzer Speedometer with recording odometer Chassis fuel level gauge Duplex type (dual needles) air pressure gauge Keyless ignition switch Push-button engine shut-down switch Push-button emergency engine shut-down switch with hinged metal guard Air parking brake controls Transmission shift lever with backlit position indicator Mechanical engine tachometer with built-in rpm counter Volt meter gauge Control switches for signal and warning lights Dual electric horns with steering wheel button Engine hour meter, electrical type Flashing red lights (dual lights for low pressure warning) Parking brake indicator light Individual circuit breakers Air restriction indicator, gauge style, visible to driver. FIRE RESCUE SPECIFICATIONS /lam And other switches and controls necessary for proper operation of the vehicle. ENGINE The engine shall be a Detroit diesel model 6V92TA, 350 hp at 2100 rpm. 1020 ft . lbs. torque at 1200 rpm. The engine shall be fully equipped with lubrication and fuel filters. A dry-type air cleaner of sufficient capacity to prevent any restrictions in air intake to be provided, complete with air restriction indicator of the dial type to be located on the cab dashboard visible to the driver. Engine governor which will limit the speed of the engine under all conditions of operation to that established by the manufacturer as the maximum no-load governed speed to be furnished. Engine governor to be of the double weight style. All other accessories required for the complete engine operated emergency vehicle to be provided. Compete data on the engine proposed shall be furnished with the bid covering the make, model, and all technical data. Power curve sheet must also be included with the Bid. The engine hood shall be integral with the chassis cab, properly insulated so as to keep out excessive heat and noise. Interior engine housing to be completely covered with black vinyl naugahyde material, heavily padded. EXHAUST SYSTEM The piping and discharge outlets shall be located so as not to expose any portion of the apparatus or equipment to excessive heating. Exhaust pipe discharges not to be directed towards the left side of the vehicle. This system shall include a suitable muffler with exhaust pipe extending to the outside of the body and down just ahead of the right rear wheels. There shall be heat deflector plates to protect the transmission or other equipment from excessive heat. Exhaust shall not be allowed to discharge inside the chassis cab or squad body. LUBRICATION SYSTEM The oil fill pipe shall be conveniently located and large enough to permit easy filling of the oil reservoir when apparatus is at_ a standstill with the engine running. Engine lubrication system shall be of the recommended manufacturer's design for specified diesel engine. All oil filters shall be easily accessible to include disposable elements that are readily available at local supply sources. COOLING SYSTEM The cooling system of the engine shall be pressurized and shall be adequate to maintain a temperature of coolant in the engine not in excess of the engine's manufacturers maximum temperature rating. Coolant shall be provided for protection to a minimum of minus 40 degress F. adequate and readily accessible drain cocks shall be installed at the lowest point of the coolant system and at other such points as are necessary to completely drain all of the water from the entire cooling system. These cocks shall be so designed FIRE RESCUE SPECIFICATIONS as not to open accidently due to a vibration. The radiator shall be of the tube and fin type non-corrosive radiator core. Water to be circulated by a centrifugal type water pump. Radiator to have minimum 1070 sq. inch frontal area. Dearation system built into top tank of radiator. Radiator shall be mounted so as to not develop leaks due to ordinary running or operating. The construction shall be such that the radiator will not corrode nor readily clog. An engine temperature thermostatically controlled belt-driven fan shall be provided as per manufacturer's recommendations. Fan clutch to be controlled with air pressure, hydraulic pressure, electric or of the "viscous" style as per manufacturer's recommended design. Two, 7-1/2 inch X 21- 1/2 inch side air intakes to be provided with brushed stainless steel screens . Air intakes to be located directly behind cab doors, one on each side. FRAME Complete and accurate data covering frame, showing dimensions, materials, and section modules shall be furnished with the Bid. Truck frame to be of completely "bolted construction", including all spring hangars and frame cross members. Two, 2 inch i.d. front tow hooks securely bolted to the chassis frame shall be provided at front of chassis. Tow hooks shall not be attached to the bumper or the grille. The frame shall be guaranteed for the entire life of the apparatus against buckling, sagging, or other failures due to faulty design, material, or workmanship. No holes shall be drilled into the frame flanges for securing muffler wiring, etc. Drill the web only. No welding allowed to the frame web or flanges between the front spring hangars and rear spring hangars. Body subframe shall be bolted to the chassis frame ahead of the rear axle. Frame to be minimum 10- 1/4 _inches x 4 inches x 3/8 inches with section modulus of 15.46 and 100,000 psi yield strength . A 13 inch polished stainless steel clad bumper shall be furnished bolted to front of chassis frame extending full width of apparatus chassis cab. Above specified front tow hooks to be chrome plated, bolted in position. FUEL SYSTEM The fuel system shall be of the commercially accepted injector type complete with the necessary filters . The fuel line shall be so located as not to be subjected to heat and pocketing of vapor caused by heat from the exhaust or any other source of ignition, and it must also be protected from mechanical injury. Suitable filter and drains shall be installed in a fuel line. A 50 gallon capacity fuel tank shall be furnished, constructed of minimum 12 gauge steel properly baffled and welded seams . An electric fuel gauge sending unit shall be provided, mounted in top of fuel tank to allow removable without disturbing tank mounting. Fuel tank to be of the ICC approved design FIRE RESCUE SPECIFICATIONS mounted to chassis frame rails with removable brackets . A suitable vent opening and means for draining directly from the tank shall be provided. A fuel fill pipe assembly shall be provided with vented fuel fill cap located on left side of apparatus body wheelwell area. Fuel fill pipe to be located behind a hinged stainless steel door with chrome plated door latch assembly and weatherstripped. Fuel fill area to be recessed into wheelwell area box constructed of stainless steel . Interior fuel fill area to be equipped with metal tag to red DIESEL FUEL ONLY. Fuel feed and return lines to be siphon type located on top or sides of tank. 12 volt e1e-ctrie-fu-@-1= pgmn to be -furnished on tank. SPRINGS/SUSPENSION The suspension components shall be built strong enough to carry the rated load, plus men, without undue deflection and shall be flexible enough to ride the load easily and without damage under road conditions which will be encountered in the service intended. Front springs to be semi—eliptical, constant rate type, double acting front hydraulic shock absorbers to be furnished. Double acting rear shock absorbers to be furnished. Rear suspension must be alloy steel leaf spring type. The total weight of the vehicle shall be distributed as nearly as possible to 35% on the front and 65% on rear axles. Rear axle leaf springs shall include overload springs to meet or exceed the axle rating. Minimum front axle spring rating to be 14,000 lb. Minimum rear axle spring rating to be 24,000 lbs. WHEELS AND TIRES Wheels shall be of the Bud 10—hole polished aluminum disc type, tube type of proper size for specified tires . Front tires shall be single, rear tires to be duals. All tires shall be of the tube type. Front -tires shall be 11:00 X 20, 14 ply rating. Rear tires shall be 11:00 x 20, 14 ply rating with mud and snow tread. Front tires to be Michelin XZA. Rear tires to be Michelin XM+S. Chrome plated hubcap covers to be furnished on rear axle center hubs. Chrome plated front axle bearing caps to be furnished, chrome plated lug nut covers to be furnished on front and rear wheels . TRANSMISSION Allison model HT740 4—speed automatic transmission shall be furnished. Gear selector console with backlit position indicator to be furnished, mounted on cab dashboard. 114- FIRE /4FIRE RESCUE SPECIFICATIONS BODY SUB-STRUCTURE The body subframe shall be constructed of type 304 heavy stainless steel Z- irons running full length of chassis frame rails, left and right sides. Z- irons to be bolted to chassis frame rails, removed after pilot hole drilling, rust proofed and reinstalled prior to installation of cross channels . Surfaces where Z-iron meets chassis channel frame to be seal caulked to prevent moisture buildup between subframe and chassis frame. Type 304 stainless steel heavy fabricated cross-channels to be welded to Z-iron along and entire length of chassis frame. Cross channels to be spaced no more than 12 inches apart providing rigid understructure for specified interior squad cab flooring. The rear subframe area and rear platform supports to be fabricated of Type 304 stainless steel welded to the rear of the chassis frame rails for maximum strength and rigidity. Rear platform and side runningboard supports shall be constructed of stainless steel positioned so as to be approximately 22 inches above the ground when truck is fully loaded. Fabricated stainless steel "cradle" or "saddle" type underbody support brackets to be furnished evenly spaced, minimum of 24 inches, along chassis frame ahead of and behind rear wheels . Supports to be designed to provide maximum strength to bottoms of specified compartment floors and lower body areas . Supports to be bolted in position and removable in case of future body damage or possible modifications. BODY MOUNTING Specified apparatus body sides, front sheets, compartment dividers, wheelwells, compartment floors , rear tailboard areas , etc. shall be bolted to specified body subframe using Grade-8 button socket head cap screws with self docking nut fasteners . Entire apparatus body to be of "bolted construction" totally assembled, disassembled, all holes deburred, flanged areas vinyl wash prime painted, and rustproofed, and reassembled. Body assembly/design shall allow for complete removal of the apparatus body from specified chassis without destroying chassis frame or body subframe. APPARATUS BODY DESIGN/CONSTRUCTION Fully compartmented fire rescue squad apparatus body to be designed and fabricated for maximum compartmentation between specified chassis cab and rear wheels and behind rear wheels to rear tailboard area. All side frame mounted chassis components to be removed and relocated inside chassis frame rails allowing for maximum compartmentation full length of chassis frame left and right sides. Apparatus body side sheets to be constructed of minimum 12-gauge type 304 no. 4 "brushed" stainless steel running full length from behind chassis cab to rear tailboard area. Body side sheets to be minimum 65 inches high with full length fabricated top and bottom breaks . Rear of body side sheets to be straight-vertical design. Body side sheets to be bolted to above specified FIRE RESCUE SPECIFICATIONS sub frame Z-iron with grade 8 button socket head cap screws and self-locking fastener nuts . Full length body compartment roofs, left and right sides, to be Type 304 No. 4 brushed stainless steel , all fabricated construction. Compartment roofs to run from behind chassis cab to rear body compartment corners bolted in position and removable. Outside edges of compartment roofs , full length of body, to be triple-break construction forming interior door jamb areas. Front and rear left and right side body corners to be fabricated of Type 304 No. 4 brushed stainless steel bolted to above specified side sheets. Rear corners to be square fabrications, front corners to be radiused, with interior compartment return breaks forming front and rear vertical door jamb areas Exterior rear beavertail areas below white squad level , to be plated with polished aluminum 4-way treadplate. Interior vertical compartment dividers, left and right sides, to be fabricated of Type 304 No. 4 brushed stainless steel bolted to body side sheets , compartment roofs, compartment floors, and exterior body panels. Compartment dividers, located ahead of and behind rear wheels , to be of same construction bolted in position and removable. Left and right side rear body wheel well areas to be of continuous fabricated construction made of Type 304 stainless steel bolted to body side sheets and compartment dividers. Exterior wheelwell areas to be radius-cut for streamlined appearance and furnished with polished extruded aluminum wheelwell mouldings bolted in position and removable. Wheelwell cut out shall provide for adequate clearance for use with rear tire chains. Top of wheelwells shall form "sweep-out" style upper compartment floor. Door jamb areas above left and right side wheelwells to be Type 304 stainless steel fabricated construction bolted in position and removable . Lower compartment floors , full length of apparatus body, left and right sides , to be fabricated of minimum . 125 inch polished 4-way aluminum treadplate material. Compartment floors to be of the "sweep-out" design with 3 inch exterior breakdown and 1 inch return in for maximum strength and rigidity. Compartment floors shall bolt to above specified side sheets, compartment dividers, and exterior body panels designed to unbolt and drop away from the apparatus body for easy replacement in the event of damage. And exterior compartment floor be equipped with Mateflex grating. All exterior compartment corners and door jambs to be Type 304 stainless steel fabricated construction bolted in position and easily removable. Left and right side compartments, full length and height of apparatus body shall be minimum 25 inches deep, from inside door panel to interior back wall. Fabricated compartment interior spring housings to be furnished covering left and right front and rear chassis rear spring shackles. Housings to have removable side panels for access to spring shackle pins for lubrication and/or removal. COMPARTMENT LOCATIONS, DIMENSIONS, AND ARRANGEMENT The left side forward compartment shall be 54 inches wide, 64 inches high, FIRE RESCUE SPECIFICATIONS and 25 inches deep. Door opening to be 48 inches wide x 62 inches high. This compartment shall accomodate , on the floor level, the specified generator system. The floor shall be properly braced to support the generator and electrical equipment . A full width adjustable shelf shall be located above the generator with an additional half-length adjustable shelf located in the forward top portion of the compartment . This compartment to be equipped with two vertically hinged full height compartment doors. A left side compartment , behind forward compartment , shall be furnished, 24 inches wide, 64 inches high with single vertically hinged full height compartment door 18 inches wide x 62 inches high . This compartment to be equipped with three full width adjustable compartment shelves. The left side compartment , ahead of rear wheels , to be 36 inches wide, 64 inches high, 25 inches deep. This compartment to be equipped with two vertically hinged compartment doors with door opening 36 inches wide x 62 inches high. This compartment to be equipped with two full width adjustable shelves. The left side compartment , above rear wheel housing, to be 60 inches wide, 36 inches high , 25 inches deep. This compartment to be equipped with two vertically hinged compartment doors with opening size of 48 inches wide x 33 inches high. Compartment to be equipped with two adjustable shelves- This compartment to be vented separate from rest to store fuel. A left side compartment, behind rear wheel housing, to be furnished 34 inches wide , 64 inches high , 25 inches deep. This compartment to be equipped with two vertically hinged compartment doors 34 inches wide x 62 inches high. Compartment to be equipped with three full width adjustable shelves. The rear left side compartment to be 20 inches wide, 80 inches high, 25 inches deep. This compartment to be equipped with single vertically hinged compartment door 16 inches wide x 76 inches high. Compartment to be equipped with side wall hangars per Customer's specifications . The right forward compartment., behind crew access door, to be 46 inches wide, 64 inches high , 25 inches deep. Compartment equipped with two full length adjustable compartment shelves, specified air-hose reel, and specified electric rewind cordreel . Right side compartment ahead of rear wheels to be 36 inches wide, 64 inches high , 24 inches deep. Compartment equipped with two vertically hinged compartment doors with opening 32 inches wide x 62 inches high. Right side compartment above rear wheel housing to be 60 inches wide, 36 inches high, 25 inches deep. This compartment equipped with dual vertically hinged compartment doors with opening 48 inches wide x 32 inches high . Compartment to be equipped with "egg-crate" storage module designed to accomodate a minimum -of 21 individuals Cott air bottles 4. 5. type _Wrap ;Alunum. Air bottle storage module to be sloped down at rear. Rear compartment wall to be lined with 1 inch vinyl covered foam material to prevent damage to air bottle tanks or compartment back wall. Right side compartment behind wheelwell housing to be 34 inches wide , 64 inches high, 25 inches deep. Compartment to be equipped with two vertically hinged compartment doors opening 34 inches wide x 62 inches high . FIRE RESCUE SPECIFICATIONS I� Right rear side compartment to be 20 inches wide, 80 inches high, 25 inches deep. Single vertically hinged compartment door to be furnished 16 inches wide x 76 inches high. Compartment to be equipped with wall mounted brackets f•er shovels---Der Customer' s requirements. Above specified exterior compartments to be equipped with U-formed compartment doors minimum 1-3/4 inch thick, with exterior door panels fabricated of . 125 inch type 5052 smooth aluminum. Interior compartment doors to be equipped with full inner double pan . 100 polished 4-way aluminum treadplate door braces which are assembled after painting and are removable. Interior door braces shall be criss-cross fabricated for maximum strength, caulked with silicone sealant prior to final assembly, held in place with stainless steel fasteners . All doors shall be of the "flush" design to custom fit the door openings: Doors of the lap-style will not be acceptable. D-handle Hanson 102-L chrome plated with bent ring "slam" latches shall be furnished to latch doors top and bottom. Eberhard No. 1-400 "rotary" slam- type automatic door latches to be provided top and bottom of all compartment doors. D-handle latches to be spring-loaded to return to the horizontal positiion. Exterior door panels to be smooth with no welds or fasteners on t exterior door skins. Neopreme rubber gaskets shall be furnished between door skin and chrome latch assembly. Bottoms of all double compartment doors to be equipped with hard rubber bumper stops. Area where double doors meet shall be weatherstripped, offset to allow flush fit of the lapping door. Hanson style 5-SS rod type stainless steel spring door holders to be furnished and installed on all vertically hinged compartment doors. Door holders to be bolted in position and removable. Interior compartment doors to be properly reinforced to accomodate specified door holders . Door holders shall be designed to hold doors in both "opened" and "closed" positions, properly adjusted to eliminate need for chain or cable style door stops. All compartment door hinges shall be type 304 polished stainless steel piano type. Hinges shall be .060 inch material with 3/ 16 inch stainless pins and maximum knuckle length of 5/8 inch. All hinges to be bolted to doors and body using 3/ 16 inch Grade 8 cadium plated button socket head cap screws with self-locking nuts. All upper level compartments shall have the bottom door opening trimmed with polished stainless steel rub strips . Polished extruded aluminum drip- mouldings shall be bolted in place full length above all compartment door openings. Drip mouldings to be fitted during body assembly with no holes drilled after finish painting. Four-way polished aluminum full length body rub rail shall be furnished, integral with lower compartment floors, protruding at least 1/2 inch from body sides . 12-gauge, triple break, fabricated galvanized steel adjustable full depth compartment shelves with polished stainless steel track assemblies shall be furnished in all side compartments. Compartment shelves to be designed per Customer's requirements . Double broke door jamb areas with hollowcore weatherstripping shall be furnished on all compartments. Weatherstripping shall include pressure sensitive adhesive designed to be easily removed and replaced. Rotary latch pins shall be positioned in door jambs so as to not obstruct door opening. Pins to be bolted in position and removable. FIRE RESCUE SPECIFICATIONS Individual 7 inch chrome plated 12-volt light fixtures to be furnished with automatic door operated switches . Light fixtures to be mounted below compartment roofs and below each specified full width adjustable compartment shelf. Undershelf lighting to be wired with insulated dis-connect terminals.A "compartment door open" indicator light shall be furnished and installed on cab dashboard. Light to indicate compartment door "ajar". -M compartments shall__have "notary- slam-type'f door. latchez_Dr -eaual_ on compartment door construction. Two rear chrome plated - - - hooks to be furnished, constructed of 3/4 inch steel plate bolted directly to rear chassis frame rails , left and right sides. Two hooks to be equipped with minimum 2-1/2 inch closed opening for passing through a large chain hook Tow hook shall extend through rear squad access door vertical step riser, easily accessible and designed so as to not obstruct the rear step areas. Polished 4-way aluminum treadplate fabricated rear crewcab access steps to be furnished. Steps shall be minimum 42 inches wide, 12 inches deep, evenly dividing the step height between the rear tailboard and squad cab floor. A fully enclosed, full length , ladder storage compartment to be provided against the inside right body side sheet . Polished 4-way aluminum treadplate housing to be provided, inside squad cab, covering entire ladder mounting area. A hinged and weatherstripped rear ladder compartment access door to be provided, located at rear of squad body , in right lower door jamb area. Access door to be equipped with polished stainless steel piano hinge and chrome latch assembly. A Duo-Safety YGE, 24-ft . two-section fiberglass extension ladder, complete with rope hoist to be furnished and installed in above specified enclosed ladder compartment . Full length stainless steel ladder guides to be provided to hold ladder with rungs in a vertical position. REAR ENTRY DOORS Access to the interior walkway shall be through rear double center opening doors. These doors shall be full height of the interior walkway with minimum opening of 30 inches wide x 80 inches high. Rear entry doors shall be of the same U-formed aluminum construction (see compartment doors) with polished 4-way aluminum treadplate inner door pans/brace. Door to be mounted with full length polished stainless steel piano hinges bolted to doors and body. Slam-type door latch assembly to be furnished, complete with chrome plated interior and exterior door handles. Socket type hold-open door devices to be installed on both doors designed to hold doors in opened position and prevent swinging of either door. A chrome plated interior door handle to be provided on inside of unlatched rear door. Two vertical safety glass windows to be provided, one on each door, in upper portion of rear entry doors. Windows to be permanent safety glass set in extruded rubber channel. Polished aluminum drip moulding to be provided above rear entry doors. FIRE RESCUE SPECIFICATIONS Rear squad entry door jambs to be fabricated of type 304 stainless steel bolted in position and removable. Door jambs to be double broke fabricated construction properly weatherstripped. SIDE SQUAD ENTRY DOOR: A right side forward squad cab entry door shall be furnished. Door to be 27 inches wide x 80 inches high located immediately behind front right body corner. Door shall extend from runningboard level 80 inches high. Door to be of U—formed double panel construction, equipped with polished stainless steel piano hinge, "approved" passenger restraint door latch mechanism, polished 4—way aluminum treadplate inner door panel/brace, chrome plated interior and exterior door handles, and large safety glass window set in rubber extruded channel. Access door shall swing away from body exterior, hinged at front. A recessed polished 4—way aluminum treadplate fabricated side squad cab access step area to be furnished. Two steps to be approximately 36 inches wide, 12 inches deep, designed to split step level between runningboard and upper squad cab floor. Interior step area to be provided with full length polished stainless steel handrails with chrome plated end brackets located to assist entry and exit. APPARATUS BODY SQUAD CAB A full length (240 inches) , fully enclosed Rescue Squad Cab shall be custom fabricated and installed, full width of specified body/compartments approximately 36 inches above specified side compartments. _ Squad Cab to be of all galvanneal steel construction bolted to top of specified side compartments and removable. The squad cab roof shall be fabricated of 4—way treadplate steel of rigidly reinforced construction designed to allow entire roof to be used as observation and work platform. Roof to be constructed of minimum 12—gauge 4— way diamond treadplate steel material. Channel fabricated roof supports shall be installed on 20 inch centers. These roof rafters shall be of special design to provide for flat interior ceiling. Lower fabricated flange to be double channel brake design for maximum strength and of proper width -to facilitate ceiling installation. Fabricated channels to be constructed of minimum 12—gauge galvanized steel. Exterior sides and front of Squad Cab roof to have minimum 3 inch radius for improved strength and streamlined appearance. Front roof corners to be formed "ball" sections welded in position. Full length polished extruded aluminum drip mouldings to be furnished around perimeter of Squad Cab roof, designed to trim seam area between roof and cab sides and front sections. Squad Cab sides and front section to be fabricated of minimum 12—gauge galvanneal steel bolted full length of apparatus body to specified side compartments. Front corners of Squad Cab vertical sides to be rolled with 3 inch diameter radius for streamlined appearance designed to match above specified roof. Left Squad Cab side shall be equipped with custom built heavy duty window. /4--FJ14-- FIRE IRE RESCUE SPECIFICATIONS Window to be of extruded aluminum construction 4-track type. Window unit shall be sloped forward approximately 15 degrees for streamlined design. Window to be of safety glass sliding/opening type. Window unit to be minimum 44 inches long x 22 inches high. Window to be set in extruded rubber moulding or bolted in position and removable. Window to be locatd Road side above interior command area. Interior vertical squad cab sides to be reinforced as necessary to provide flat/smooth exterior surface. Support braces to be welded in position with no exterior fasteners or weld-distortion marks. Interior bracing to be designed to facilitate installation of interior sheeting/lining. Front portion of Squad Cab and front portion of apparatus body to be provided with reinforced opening to match specified walk through area between Squad Cab and chassis cab seating areas. BODY-TO-CAB WALK THROUGH AREA The rescue body shall be inter-connected with the chassis cab through a flexible "booted" connection at the front center of body. The opening shall be as wide and high as possible, minimum 48 inches wide x 68 inches high . The back of the chassis cab shall be fitted with aluminum metal to match body opening. The cab opening shall be heavily reinforced with fabricated paneling on sides and top. The connection shall be completely water-tight and weather-proof, yet providing a flexible connection between the two cabs. The flexible collar shall be a heavy duty rubber boot mounted to the rear of the chassis cab or the front of the apparatus body . Areas where boot meet-s cab to be lined with polished stainless steel to prevent future damage to painting surfaces. The furnished weather-proof collar/boot shall be easily replaceable and information about its availability to be furnished upon delivery of the completed apparatus . Floor of walk-way area to be constructed of heavy polished 4-way aluminum treadplate material designed to overlap Squad Cab floor when cab is in the "down"position. Overlapping areas to be properly weatherstripped and cushion mounted to prevent noise caused by vibration. ADDITIONAL APPARATUS BODY FEATURES ' A fabricated slide-in storage rack shall be furnished, installed in right side compartment above rear wheels. Compartment to be designed to accomodate a minimum of 21,individual 4. 5 Scott air wrap alum. bottles. Storage rack be sloped to the rear to prevent movement of tanks during cornering. Rear compartment wall to be covered with I inch thick vinyl covered foam material to prevent damage to tanks during loading and under all road conditions. Bidder shall furnish information as to construction of above specified storage rack. Storage rack to be designed to allow disassembly and removal from specified compartment . A stainless steel hinged access door shall be provided in left side wheelwell housing for access to diesel fuel fill cap. Door to be of beveled fabricated FIRE RESCUE SPECIFICATIONS " construction equipped with polished stainless steel piano hinge and chrome latch assembly . Fuel fill recessed housing to be constructed of stainless steel sloped and provided with proper drain holes. Two Hannay electric rewind model ECR1616-17- 18 triple live-wire electric cord reels to be furnished and installed. Cord reels to be installed, one in left front side compartment , one in right front side compartment . Reels to be located in upper rear portion of specified compartments equipped with roller- style fairleads located at bottom of cordreels. Cordreels to be equipped with 200 ft . of 10/4 heavy duty electric cord with heavy duty 4-wire twist-lock female receptacle. Cord reels to be equipped with 12 volt electric rewind with rewind switch location to be approved by Customer. Reels to be 4 conductor style. A Hannay model E1514-17- 18 electric rewind hosereel shall be furnished and installed in right front side compartment. Hosereel location to be approved by Customer. Hosereel to be equipped with 140 ft . of 3/8 inch i.d. high pressure air hose. Hose reel to be piped to chassis air system, complete with ball type shut-off valve located near hose reel. A recessed interior jump seat area to be furnished in left front Squad Cab area. Jump seat to be notched into left front side compartment immediately ahead of cord reel mounting area and immediately above generator mounting area. Jump seat to- be furnished with-black- -naugahyde cov-eyed foam back, bottom= cushions which are,--easily removed, and zigmatic air mask bracket. Interior Squad Cab area, immediately to rear of specified jump seat, to be equipped with map board, minimum 30 inches wide , 24 inches high . Map board to be adjustable. 12 volt high intensity adjustable map light console to be furnished and installed above map board area. Fixture-mounted light switches to be furnished. The interior of the apparatus body shall be equipped with a heavy duty 40,000 BTU hot water style heating system. The unit shall be piped to the chassis cooling system using full length galvanized 3/4 inch pipe and heavy duty industrial coolant hoses at flex-areas . Screw-type gate valves to be furnished in engine compartment designed to isolate rear Squad Cab heater system. Hot water heater to be equipped with dual 12-volt electric fans. Fan switches to be located per Customer's approval. Heating unit to be recessed so as to not obstruct the .walk way area. Heavy duty grille guard to be furnished to protect heater core. ADDITIONAL SQUAD CAB INTERIOR FEATURES The interior of the apparatus body shall be provided with 120-volt florescentlighting system in addition to multiple 12-volt interior lighting fixtures . Six 120- volt rapid start florescent lighting shall be installed to provide adequate-lighting without the use of the 12-volt lighting fixtures . A minimum of eight, 8 inch recessed 12-volt Weldon clear light fixtures shall be furnished and installed evenly spaced throughout cab interior roof/headliner. Interior lighting to be operated by control switch, location to be approved by Customer. To permit the operation of the interior body 120 volt lighting and interior body 2,�0 volt receptacles, without generator system in operation, a shore- power plug-in receptacle shall be provided. Receptacle to be a recessed FIRE RESCUE SPECIFICATIONS male, located per Customer's instructions. To protect either the generator or external power source from back-feed, a relay system shall be installed to cut off the connection between shore plug power and generator power systems. The interior squad cab floor and walkway vertical sides to be plated with and fabricated to cover all walking surfaces, step areas, vertical walkway areas , and exposed tops of side compartments. Aluminum treadplate material shall be properly fitted, removed, and reinstalled after final finish painting. Stainless steel fasteners to be used. A full length . 125 inch polished 4-way aluminum treadplate housing to be provided over specified interior ladder mounting area. Ladder housing to be a continuous fabrication from right body side sheet, over ladder, meeting removable aluminum 4-way treadplate floor sections. Ladder housing to be bolted in position and removable. Specified polished 4-way aluminum treadplate floor sections shall be properly fitted for weatherproofing and designed so as to be easily removable in the event of damage or required modifications. Walkway sub frame areas to be reinforced so as to provide a rigid non-flexing floor walkway surface. The interior roof and wall sections, between exterior steel paneling and interior fiberglass paneling shall be properly insulated in acordance with manufacturer's recommendations. Insulation to provide sound-proofing qualities in addition to insulating qualities. Insulation to be bonded to exterior sheet metal to prevent squeaking or rattling normally caused by board-style insulation. Spray-in foam or matted fiberglass will not be accepted. The interior of the Squad Cab shall be equipped with a fully maintenance-free and durable finish . The interior finish shall be installed on ceiling and vertical interior walls of the Squad Cab. The interior finish shall be pebble grain bright white reinforced fiberglass bonded to 3/8 inch plywood sheets. The interior panels shall be installed with sheet metal screws with bright aluminum or stainless steel fabricated mouldings. Interior fully enclosed cabinets shall be furnished, constructed of . 125 inch aluminum. Cabinet design and arrangement to be approved by Customer. Cabinets shall extend from rear of interior Squad body to rear of specified side window unit, left side, and rear of body to side crew door on right side. Compartments to be of maximum size for space available, equipped with interior adjustable shelves and see-through plexiglass compartment doors. Interior cabinets shall be bolted in position and easily removable for future disassembly and/or modifications. Full length polished stainless steel interior handrails to be provided with chrome plated center and end brackets . Handrailing to be located per Customer's instructions. ( See page 23a. 12 VOLT ELECTRICAL EQUIPMENT AND WARNING LIGHTS/SIRENS All wiring for specified lights and electrical equipment shall be suitably protected inside heavy electrical 1 inch vinyl conduit from chassis cab to rear compartment interior. Conduit to be electrical PVC 1 inch i.d. , complete with pre-fabricated elbows and junction blocks as necessary. l�lY FIRE APPARATUS SPECIFICATIONS HARP RAIL lI;STALZATlON The railings shall be seamless 1-1/4" diameter brushed stainless, mounted in chrome plate brass holders. The following railings shall be installed: Two (2) vertical 30" long railings, one each side of rear step area. One ( 1 ) full length ceiling mounted. interior walkway railing, offset to one side, bolted directly to roof beams. Two (2) slanted railings installed one on inside box pan of rear compartment entry doors. s One ( 1 ) slanted railing installed on inside box pan of side entry door. 23a FIRE RESCUE SPECIFICATIONS Conduit to be "water-proofed" and over sized to allow future installation of additional rear body wiring. A junction block shall be located midsection of the apparatus body with PVC conduit continuing to rear of body. A multiple unit fuseblock shall be furnished inside chassis cab for use with all auxilliary circuits furnished by the body builder. Individual legend imprinted multi-stranded SXL high temperature automotive wires shall run from above fuse block (inside conduit) to the — compartment junction block and rear inside compartment-mounted 10-wire junction block with smaller wire looms extending from junction block to individual light fixtures. All wiring to be individually identified "imprinted", with number and function and properly identified at the fuse block. All emergency lighting wires to be red and apparatus body accessory wiring to be black. Junction block to be located inside rear body side compartment, equipped with hinged aluminum protective access cover with latch assembly. Specified lighting fixtures and electrical components shall be individually activated by internally lighted rocker style switches located on a separate hinged embossed electrical panel, compete with backlit nametags describing function of each individual switch . Nine Signal Stat dual element marker lights with chrome metal guards and reflective lenses to be furnished and mounted at rear , rear sides and midsection sides. Lights to be activated by headlamp switch. Rear markers to be red lens, midsection markers to be amber lens . Two Weldon 8 inch minimum diameter chrome plated flush-mounted red combination stop/tail lights to be furnished, mounted at rear of body each side. Two Weldon 8 inch minimum diameter chrome plated flush-mounted amber arrow lens turn signals to be furnished and mounted at rear of body, one on each side. Turn signals to be wired to front turn signals, not activated by brake lights . Two Weldon 8 inch minimum diameter chrome plated flush-mounted clear backup lights to be furnished and mounted at rear of body, one on each side. Backup lights to be activated by reverse gear of truck transmission. Electronic backup alarm to be furnished, activated by reverse gear of truck transmission with on and off switch. A chrome plated license plate light and bracket to be furnished at rear of body. All enclosed compartments to be equipped with Do-Ray model 27C, 7 inch chrome plated compartment lights activated by automatic door switches. Where compartment light is - -- by interior shelving, an additional light shall be provided below shelving, complete with adjustable quick-disconnect electrical connection. Engine compartment light to be furnished with individual light fixture mounted switch . Two Unity Quartz Halogen sppotlight chrome plated inside controlled Grotl-1 sY�all be urnis a and mount in- right side cab windshield posts. Spotlights to be complete with chrome mounting hardware and individual interior light FIRE RESCUE SPEICIFICATIONS control mounted rwi t-hes. Bulbs to be seal beam No. 4^37 high intensity. Two 5 inch Signal Stat clear recessed chrome plated lights to be provided in rear Squad Cab entrance roof area. Lights to be activated by automatic rear door switches. "Tell-Tale" red indicator light to be furnished on cab dashboard to indicate Open compartment door. Two 12 volt power exhaust fans to be furnished and installed in ceiling of interior Squad Cab, one in forward and one in rear sections. Fans to be separately switched, switches located by side entries and rear entry. A Mars 888 center front cab mounted signal light to be furnished. One Code 3 #9300 XL Bar Light, clear filter on center red filter on ends. All 12 lights will be rotating type. Mounted on front top forward part of cab, easily visible. Two 200 watt speakers shall be installed in grill of Light Bar with speaker wire run below cab dash. With all lights to be Halogen sealed beam lamp with two stingers oscillating light in end section. The center two lights and the stingers will have separate switches under the control of a master switch for the light bar to allow these two sections to be shut down individually. Two Whelen Model C strobe headlights to be furnished and installed on front of cab, one one each side inside of headlight modules. One light to be furnished with clear- lens, one red lens. Whelen model UPS-2 power supply to be furnished. Six Whelen maxibeam red alternating' flashing strobe lights to be furnished, one on each side of rear beavertail panels, two lights at front and two lights at rear of apparatus. Two Whelen amber maxibeam rear strobe lights furnished below specified red maxibeams. Federal Q-2B chrome siren furnished on front bumper extension with dual interior switches on floor and horn button. GENERATOR AND GENERATOR ELECTRICAL SYSTEM An Onan model 12.0 DJC-3CR, 12, 000 watt continuous standby, 120/240 volt single phase 4-wire, 60 cycle, diesel engine driven generator set to be furnished and installed. Generator to be complete with automotive muffler with flexible exhaust connector and air duct. Generator fuel line shall be piped to chassis fuel tank. Generator oil line to be piped to area below compartment floor, designed to facilitate oil changes. Generator compartment to be fully insulated and sound proofed with antiphon 13 sound dampening pad and oil resistant foam material. 25a. Generator to be. installed in left front side compartment. Compartment floor to be properly reinforced. Generator compartment doors to be stamp louvered to provide intake fresh air for generator cooling. 120 volt dual blower exhaust fan to be provided inside generator compartment, designed to provide proper air exchange for adequate cooling of generator with compartment doors closed. Exhaust fan to be activated by oil pressure switch on generator engine. Generator to be provided with remote chasis cab and squad cab starting consoles. 25b. FIRE RESCUE SPECIFICATIONS ELECTRICAL INSTALLATION - 120/240 VOLTS WIRING SYSTEM, CIRCUIT BREAKERS AND BOX. AND ELECTRICAL OUTLETS: The complete wiring and electrical installation shall conform to the present National Electrical Code standards of the National Fire Protection Association. The system shall be installed by highly qualified electrical technicians to assure the required level of safety and protection to the fire apparatus operators. The wiring, electrical fixtures and components shall be to the highest industry quality standards available on the domestic market . The equipment shall be the type as designed for mobile-type installations subject to vibration, moisture and severe continuous usage. The following electrical equipment fixtures, components and wire shall be the minimum acceptable quality standards for this apparatus : A. Wiring: all electrical wiring shall be fine stranded copper Type T.W. The wire shall be sized to load and circuit breaker rating: 10 gauge on 30 amp circuits and 12 guage on 20 amp circuits. (No 14 gauge wire shall be used in installation.) B. Circuit breaker box: the main breaker box shall be Square D with cover, wilav� =� imum- 16- circuits, and break�ers dated to wire size and load demand C. Exterior outlet boxes: the exterior outlet boxes shall be of cast aluminum or zinc die casting type with weather-resistant snap open exterior covers . One outlet for each box and cover. Exterior outlet boxes will be eus,b mounted. xterlor__ outlet plugs: the plugs shall be Hubbell 3 wire twist-lock type for heavy duty use E. Conduit: _all wiring in the apparatus body shall be through "LIQUIDITE" flexible moisutre resistant reinforced conduit, with proper seal-tight connectors and hardware. The use of armor cable, light wall E.M.T. or Romex shall not be acceptable - no exceptions. Rubber grommets shall be used where "LIQUIDITE" conduit passes through compartment panels. F. Color and Number coding;: all wiring shall be both color and number coded in the electrical installation for easy identification and future servicing. G. Label of equipment: all circuit breakers shall be properly labelled. In addition, a plastic enclosed card on generator compartment door or panel with wiring system and circuit breaker numbering and description. Exterior and interior outlets labelled with metal or plastic engraved tag to use and voltage. OUTLETS AND CIRCUIT BREAKERS The generator system shall supply the electrical equipment and outlets as outlined below. Proper circuit breaker protection shall be installed as noted: FIRE RESCUE SPECIFICATIONS Eight (g) 120 Volt 20 Amp 3 wire Hubbell twist-lock outlets, two(2) exterior outlet-s at each corner of annaratus body-. 20 Amp circuit breaker for each outlet. Mk'o Bubb - 17' voit Z'v amn =otS-tlets, one ( 1) located adjacent the circuit breaker panel in generator compartment and one ( 1) in compartment No. 7 , each with three prong straight blade (range type) plug, 20 amp circuit breaker protection. Two (2) 120 volt outlets on interior of body, houshold straight blade type receptacles, the outlets shall be on a 20 amp circuit breaker. One ( 1) 120 volt circuit to interior lighting with 20 amp circuit breaker. Two -(2) .1-2Q`volt 20_amts circuits 1 _ front ,_and rear to exterior__ i_elexwcopic 5Q0, watt_quartz floodlight_ syslem, _ with ( f) -20 amp circuit breaker for both floodlights. Six (6) 240 bolt circuits to exterior recessed 1500 watt quartz floodlight system, with one ( 1) 30 amp circuit breaker for each sidg'fl<rodlight. Two (2) 240 volt circuits to electrical cable reels with one ( 1) 30 amp circuit breaker for each cable reel . GROUNDING SYSTEM To provide supplemental direct ground protection of the apparatus 120/240 volt electrical system, an auxilliary grounding system shall be provided. The ground system shall consist of a heavy duty clamping device with approx. 25 ft . of T.W. 416 gauge stranded copper cable. The ground cable shall be connected to the netural side of the circuit breaker box. A slide type grounding stake-=pole driver shall be provided next -to the`-breaker panel, and clips for wind-up storage of grounding cable shall be provided. LOAD BALANCE To provde for proper loading and efficient generator operation, the 120 Volt wiring shall be split to permit a balanced load condition, each side of apparatus being wired to opposite 120 -volt generator outputs . FLOODLIGHTING SYSTEM The fire apparatus body shall be provided with flush mounted quartz floodlights wired directly to the electrical generator system Wiring from the floodlights shall be through "LIQUIDITE" weatherproof conduit only, with stranded copper wiring. The floodlights shall be protected with circuit breakers rated at the proper amperage and wire size. All floodlights extending into the interior of the body or into interior cabinets shall be enclosed with protective vented aluminum tread plate enclosures. These shall be removable for access to floodlight wiring, and shall be vented for heat dissipation during continuous operation of floodlights. Four General_ Electric (or eo_ual) flush mounted recessed 1500 watt euartz lights shall be FIRE RESCUE SPECIFICATIONS installed. These units shall be located as follows: Two each side of superstructure, one front and one rear near roof line. Two Kwik—Raxe 500 watt exterior mounted telescoping quartz flood lights furnished located one each side on rear beavertails. Two Kwik-Raxe 500 watt Exterior mounted telescoping quartz floodlights on each side of cab,,- light heads to be polished for chrome like finish. FLOODLIGHT CONTROL SYSTEM Ea.Ch-; quartz floodlight system shall be provided with separate remote control switch- cons-el n---tlle chassis cab. The floodlight switching system shall be separate from the generator 120/240 t volt wiring system, and shall be 12 volt type with 12 volt supply from truck battery system. No 120/240 volt wiring or switching shall be installed in the cab. The system shall permit on—off operation of quartz floodlights from the cab for each side of rescue body. Switches in cab shall be rocker type, with back lighted labels. Two (2) 4-way junction box with 3- 120 volt Hubbell 3 wire 20 amp twist-lock outlets and one ( 1) Hubbell 250 volt= 20 amp twist-lock outlet. The wiring from the generator system to cord reel shall be through "LIQUIDITE" electrical weatherproof conduit, with stranded copper wiring. The wiring shall terminate in a sealed conduit box at the reel with mechanical type connectors for quick removal of wiring. FINISHING/PAINTING During the apparatus construction, all permanently mounted components shall be back primed prior to final assembly with zinc chromate primer , tectyl rust-proofing, and caulked with butyl sealant where necessary. All chrome accessories and electrical fixtures shall be installed during body construction, removed for painting and reinstalled after finish painting. The chassis wheels, compartment doors , compartment shelves , generator components, interior seating areas, compartment door liners, etc . shall be removed and all painted items shall be painted separately to assure even heavy coats of primer and finishing paints. After construction and disassembly , the entire metal exterior shall be washed with wax and silicone remover and properly sanded to remove all excess primer, caulking, grease, surface dirt, etc. The prepared surfaces shall then be primed with vinyl- wash primer and top coated with synthetic base primer containing corrosion resistant pigments and resins . Finishing coats shall be applied using non— sanding primer and minimum of two coats of acrylic enamel with urethene hardeners and gloss additives . All individually painted accessory components to receive the same triple—system painting application. After final finish �o FIRE RESCUE SPECIFICATIONS painting, all underbody areas, including wheelwells, shall be properly caulked with non-hardening butyl sealant. Underbody seams to be caulked after enamel top coats to assure maximum corrosion protection. Entire underside of apparatus body and wheelwells to be spray coated with an approved rust-proofing material, after final assembly of all steel , stainless steel , and aluminum components . Finish color to be red to match existing Shakopee apparatus. Squad Cab (upper body) to be white. (Red Dupont #3469) Squad Cab upper lettering will be done in Red with Black shadow saying Shakopee Fire Rescue. Four-way aluminum treadplate components shall be removed prior to painting and properly caulked prior to reinstalling. All separately painted accessories and body components shall be remounted after painting using zinc plated Grade 8 button socket head cap screw fasteners or stainless steel fasteners. Full inner door pans shall be caulked with silicone sealant prior to installation with stainless steel fasteners. Areas where aluminum meets steel fabrication shall be properly caulked with 3M silver metallic body sealant to prevent moisture accumulation between metal layers. Areas where aluminum material meets steel material must be isolated using 60 duro neopreme rubber gasket material . Aluminum components to be properly coated. prior to installation for additional protection. Two full quarts of original finish colors shall be provided for use as future touch-up paint. Lettering shall be genuine Gold Leaf suitably shaded. Decorating and striping to be in keeping with this lettering. Lettering to be placed on each cab door per Customer's instructions. All body striping shall be 3M scotchcal gold with black trim lines . A 2 inch wide "Scotch-Lite" reflective stripe shall be installed approximately 2 inches above runningboard level full length of apparatus body, left and right sides. Scotch-Lite stripe to be used in conjunction with two gold body stripes, one below and one above reflective stripe. MISCELLANEOUS Gast Air system A 2-cylinder Gast, Model SHCD, 110-volt air comressor shall be furnished and mounted. This air compressor shall be equipped with the proper automatic air pressure swi- aches, check valves, and tubing so as to keep the air brake system at minimum 90 psi while parked in the fire station. The above system shall be wired to the same 110-volt recessed receptacle as used for the specified automatic battery charging system. Specified air compressor to he installed below front officer seat housing. A ' turn ball valve shall be furnished, near the air compressor designed to isolate the entire air compressor system in case of a leak. Kohler 5680 Battery Charger System A Kohler model 5680 dual battery system conditioner to be furnished with dual exterior mounted charge indicator lights . Battery conditioner ro be wired to a recessed ship to sh--ore pl-ug-in-receptacl e, - located; _all- e_xterior of cab_ and from circuit uanel. Motorola Radio One Motorola Model T83SRA3200K 110 watt , eight frequency Syntor mobile with FIRE RESCUE SPECIFICATIONS Ilk mode select private line, eight frequency scan and 1/4 wave antenna. One Motorola Model W493 housing with trunnion extension. One Motorola Model W236 four channel extended control in squad cab. One Motorola Model W18 weatherproof speaker in canopy cab. One Motorola Model W269 electronic siren. DELIVERY Final delivery of completed apparatus shall be made via drive away f.o.b. Shakopee Fire Department headquarters, at which time Fire Department personnel shall be instructed as to the proper use of the fire pump systems, as well as component systems by a Factory Representative. Factory training shall include initial and concurrent intensive training sessions as required. r in r MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Contract Renewal - LeRoy Heitz DATE: July 25 , 1985 Introduction: LeRoy Heitz, Asst . Bldg. Official , contract with the City expired on July 8 , 1985. Background: LeRoy was hired for one year to assist both the City and County for the 1984-1985 season because of the work load generated by various projects within the City and County. His contract expired July 8 , 1985 . We ( the County and myself) wish to renew this contract for one year or put him on permanent status ( 22 days at the City and 22 days at the County) . Mr. Heitz work has been exceptional . His knowledge of con- struction and the codes applicable to our departments is excellent. LeRoy' s conduct in the field and handling of the public on various matters relating to code compliance and general complaints reflects extremely favorable on our unit of government and our elected officials . We have yet to re- ceive one complaint on Mr. Heitz. Our- present cost for Mr. Heitz is $11 ,259 . 07 plus benefits . Scott County and myself are recommending a pay -increase to $13 ,000 . 00 each, or $26 ,000.00 , plus benefits for the 1986 budget . The County wishes to continue in 50% participation on pay and benefits . We (County and myself) still expect a high level of activity for the 1986-1987 construction season. r Recommendation: I recommend Mr. Heitz be placed on full time permanent status , with the County paying 50% of his cost and benefits . The contract we would be signing is identical to last years with a pay increase as noted above. Action Requested: 1. Authorize proper city officials to execute a 12 month contract with LeRoy Heitz at $10. 826/hr plus benefits . 2 . Review need for parttime permanent status for Mr. Heitz beginning 1/1/86 as a shared employee with Scott County during 1986 Budget process . LH: cah 1�vu TO: John K. Anderson, City Administrator / /j FROM: Jeanne Andre , Community Development Director RE: Municipal Home Mortgage Program .DATE: July 24 , 1985 Introduction: On June 4 , 1985 , the City Council adopted a motion directing staff to submit a proposal to solicit allocation of mortgage funds under the Minnesota Housing Finance Agency (MHFA) Municipal Home Mortgage Program. The proposal was successful. The purpose of this memo is to request Council action to confirm that the Council ' s intent was to proceed with the implementation of the program. Background: An Agreement to participate in the program was executed and submitted with a 3% commitment fee by the July 31 , 1985 deadline. The commitment fee was secured by requiring commitments from each builder. There are five builders participating (Laurent , Kearney, Logeais , Siekman and Allen) each of whom receives a $400 , 000 mortgage allocation and therefore pays a $12, 00.0 commitment fee. Council action at this time is meant to explicitly authorize these activities which were implicitly authorized at the time the proposal was submitted. Requested Action: Affirm the execution by appropriate city officials of the Program Application - Commitment Agreement for the Minnesota Housing Finance Agency Municipal Participation Home Mortgage Loan Program and authorize the payment of a $60 , 000 commitment fee secured through payments by participating builders. tw TO: John K. Anderson, City Administrator � �J FROM: Gregg Vox l and, Finance Director RE: Audit Prom sal for 1985 DATE: July 30, 1985 Introduction & BackQro and Council directed staff to contact Jaspers & Cofor a proposal for audit services for the 1985 audit. Attached is their proposal. The fee for the 1984 audit was $7, 500. Action Requested Move to authorize the City Administrator to execute the proposal for audit services for the 1985 audit from Jaspers & Co. JEROME JASPERS & COMPANY enl 'e�J u6�'c .'3ccounlank 206 SCOTT STREET MEMBERS OF THE AMERICAN INSTITUTE;OF SHAKOPF.L,MINNESOTA 55379 CERTIFIED PUBLIC ACCOUNTANTS TELEPHONE:16121 445.2817 JEROME:JASPERS,C.P.A. JAMES STREEFLANU,Jr.C.P.A. - July 25, 1985 Members of the City Council City of Shakopee Shakopee, Minnesota 55379 Dear Members : Enclosed is our engagement letter for the annual examination of the financial statements of the City of Shakopee for the year ending December 31, 1985. Our fee for audit services for 1985 is estimated to be $7,800. Thank you for the opportunity of submitting our proposal. Yours truly, h 4 v 4,(� JEROME JAS RS & O. Certified Public Accountants JJ/mg JEROME JASPERS & COMPANY Cerlrf ec�_7161,c .3Iccounlanls MEMBERS OF THF:AMERICAN INSTITUTE:OF 206 SCOTT STREET CERTIFIED PUBLIC"ACCOUNI ANTS SHAKOPEE,MINNESOTA 55379 JF:ROME JASPERS,C.P.A. TELEPHONE:(612)445-2817 JAMES STREEFLAND,Jr.C.P.A. July 25, 1985 Member of the City Council City of Shakopee Shakopee, Minnesota 55379 Understanding of Engagement Dear Council Members : We are confirming our understanding of the arrangements to make an examination of the balance sheets of the various funds of the City of Shakopee at December 31, 1985, and the related statements of changes in fund balance and revenues and expenditures for the year then ended and such other supplementary information as required. The examination will be made in accordance with generally accepted auditing standards . Accordingly, we will test the accounting records of the organization and perform other auditing procedures by methods and to the extent we deem appropriate for the purpose of expressing an opinion on the financial statements . We expect the city staff will be available to prepare, under our direction, certain of the detailed schedules necessary for the examination. An examination directed to the expression of an opinion on the financial statements is not primarily or specifically designed, and cannot be relied upon, to disclose defalcations or other similar irregulatities should any exist, although their discovery may result. At the conclusion of our examination, we will submit our report with respect to the financial statements and will make separate recommend- ations for strengthening internal accounting controls and improving operating procedures to the extent that such matters come to our attention. Our charges will be made at regular per diem rates , plus direct expenses . We will advise you promptly if we discover any indication of defalcations or other irregularities, or if other circumstances develop that require us to extend our work significantly (e .g. , internal control is found to be ineffective, books are not effectively closed, accounts are out of balance) . We are prepared to assist you with a wide range of financial and management services . Please feel free to call on us for advice at any time regarding any problems or matters which you feel we can render assistance . Page 2 If the above understanding is acceptable to you, and the services outlined are in accordance with your requirements , please sign the copy of this letter in the space provided and kindly return to us . We are looking forward to an enjoyable and continuing association in service to you. Yours truly, 41 ROME JASP S & CO. Certified Public Accountants JJC/mg Enclosures The services described in the foregoing letter are in accordance with our requirements . The understianding described in the letter is acceptable to us and is hereby agreed to. City Administrator r TO: Jahn K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Sale of Surplus property DATE: July 30, 1985 I nt rod Lct i on f Backoro and The Hennepin County auction for vehicles is coming up in Dctober. The City of Shakopee has two spaces reserved. Reauest Council declare the 1978 Kawasaki motorcycle and the 1974 Chevrolet dump truck: surplus property to be sold at auction. Action Requested Move to declare the 1978 Kawasaki motorcycle and the 1974 Chevrolet dump truck surplus property and that they be sold at auction. MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern RE: Community Development Budget Amendment DATE: July 31, 1985 Introduction: The City of Shakopee has received project funding assistance under the Community Energy Council Grant Program. It is therefore necessary to amend the 1985 Community Development portion- of the 1985 City Budget to reflect this grant award and proposed expenditures. Background: Last October the Shakopee City Council authorized staff to submit an application to the Mn Dept. of Energy and Economic Development for funding under the Community Energy Council Grant Program with a 10% local match not to exceed $1500 to be taken from the City' s contingency fund. The primary objective of the grant proposal was to promote and develop a comprehensive waste abatement and recycling program in Shakopee. Shakopee' s grant proposal was approved by the Dept. of Energy and Economic Development last December. A grant award in the amount of $8169 with a 10% local match of $817 brought the total project cost up to $8985. In May, the City embarked on a city-wide curbside recycling program utilizing the efforts of three local volunteer groups. The majority of the project costs budgeted for 1985 fall into three categories ; staff time, promotions (advertising) and supplies (bins and bags) . Attached is the 1985 recycling budget that is being presented for approval this evening as an amendment to the 1985 Community Development budget. Alternatives: 1. Amend the 1985 Community Development budget to include the 1985 recycling program expenses in the amount of $8985. 2. Do not amend the 1985 Community Development budget. Staff Recommendation: Staff recommends alternative #1. Action Requested: Move to amend the 1985 Community Development budget to include the 1985 recycling program expenses in the amount of $8985. 1985 Recycling Budget Program 178 OBJECT DESCRIPTION 1985 Budget 4100 Salaries 2500 4140 PERA 107 4141 FICA 175 4150 HEALTH & LIFE 226 Total Personal Services 3008 4210 Supplies 3250 4310 Professional Services 150 4319 Promotions 2309 4320 Postage 100 4321 Telephone 20 4330 Travel & Subsistence 40 4390 Conferences & Schools 100 4391 Dues & Subscriptions 8 Total Supplies/Services 5977 TOTAL AMOUNTS THIS PROGRAM 8985 � f Mayor and Cit Council I t � MEMO TO: y Y FROM: John K. Anderson, City Administrator RE: Waiver of Building Permit Fee for Baseball Grandstand at Tahpah Park DATE: July 30 , 1985 Introduction Attached is a request from Kevin W. O'Brien for the waiver of the building permit fees for the grandstand being built by a volunteer committee for the City of Shakopee. Background The City has had the policy of waiving .certain building permit fees for non-profit organizations. Waiver has been by Council action only. If Council finds that this project falls into that category Council can waive the building permit fee by motion. Alternatives 1. Waive the building permit fee as requested. This would not set a precedence and would be in keeping with past Council action. 2. Do not waive the building permit fee. This would add some additional cost to a volunteer committee that is putting together the baseball stadium and lighting at Tahpah Park. Recommendation I have reviewed the request with the Building Official and he sees no problems with a waiver of the permit fee. Waiving the permit fee has nothing to do with the normal building permit review process and inspection which will be completed in standard fashion. I also recommend waiver of building permit fee. Action Reauested Pass a motion directing the City Building Offical to waive all building permit fees for the construction of the grandstand by the Shakopee Baseball Stadium and Lighting Committee at Tahpah Park. JKA/jms July 25 , 1985 City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attn : City Administrator Re: Baseball Grandstand at Tapah Park Dear Sir: The Shakopee Baseball Stadium and Lighting Committee requests that the building permit fee be waived for the grandstand to be built by the committee for the City of Shakopee. Sincerely, Kevin W. O' Brien KWO/ams -, .Na.Ni�N • r �� R • • N * N • r R r �y 1'! �O r R • .N+ R 00 NNNN # N '-N N ► '.N # N N # N # N ♦ N R N • N # W W x rrr.+ # r ++ • :O 1 O u # O • C # p R O • O # r m W r r r # O O • .*O -#. V V #. P # VI O R A k. r ♦ V R ODP fl r r r r • N CD"� • :O •. 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(D 9 N cr+Cl+ cr+ cC+ cr+ cr cr+ cr+ cr+ FHr A> r•< m F (/T `+ F- a m H' m �3 y c � w � W e7 `C O co p < (D - (n om c+ P� H c N F F N F F✓ F� N I- F� H FJ F F✓ F- H !- I-j !- s a\ rn rn rn o\ rn o-, rn rn rn rnrn rnrn rnrnrn W x ~ ~ ~ o F' F N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N F� O �p O\ \n VI �- W W w w N N N z O 3 z ~ d o m z C+ & �• to a C+ P) rm. . � ° - � f ' a-- m Cl) o �rnwm c Z a It �3 Ft O H Fl- b7 W N I� .14 (D H �h (D m OD OSA x T N cr+ \,D n (D (D r• a Ov rn rn F✓ w rn \n N I p� F- wO � O ODOD \-n r � c o O �DIO O O O O O w co p w p I, N I \-n TO : Mayor and Council FROM: John K. Anderson, City Administrator RE : Shakopee Promotional Tape Bill DATE : August 2 , 1985 Introduction & Background The attached bill came in too late for the bill list . Request Council approve of the payment of $1 , 500 . 00 ( one third of the project cost) as requested by the ICC. Action Requested Move to approve the payment of $1 , 500 to Mike Schmitt and Bill Lepley for the Shakopee promotional tape . Budget for "This is Shakopee" promotional tape By: Mike Schmitt & Bill Lepley Tape $ 200 Editing Equip. $ 400 20h @ $20 per hour Camera Equip. $1050 7days @ $150 per day Labor $1200 2 people @ $600 Misc. $ 700 Contracted services $ 750 Narration $ 200 Total $4500 Pavment is to be made of 1/3 ($1500) by August 1 , 1985, with the final payment of 2/3 ($3000) upon completion of the project (est. September 1, 1985) . r SCarTLAN® INS August 1 , 1985 John K. Anderson City Adminis-t-rator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear John: Please find enclosed authorization for partial payment for the production of the City of Shakopee video tape being prepared by representitives of Shakopee Cable. Approximately 50% of the production is completed. The original fee estimate for services was $4500 .00 . I recommend payment of one third ($ 1500 .00 ) at this time with a final payment of two thirds ($3000 .00) upon completion of the project by Sepetember 1 , 1985 . If you have any questions, please feel free contact me 445-3242 . Very truly yours, Timothy J . Keane for the ` Shakopee Industrial Commerce Commission TJK: lb Enclosure 5244 Valley Industrial Boulevard South, Shakopee, Minnesota 55379/612-445-3242 ilk MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Community Services Telephone System DATE: July 30 , 1985 Introduction: - I authorized a new telephone system to be installed at Community Services . Background: I inadvertently authorized the installation of a .new telephone system for Community Services . The money is not in my budget nor is it in George ' s budget. I thought it was . It is my mistake. Recommendation: Amend Government Building budget for the installation cost of $801 . 76 . Action Requested: Direct Finance Director to transfer $801 . 76 from the General Fund to Government Buildings to pay for the telephone system. LH: cah MOR-TEL-CO 104 EAST 1st AVE: SHAKOPEE, MN 55374 Date 7-10-8 To SHAKOPEE COMMUNITY SERVICES 129 EAST LEVEE DRIVE SHAKOPEE , MN 55379 Terms Please detach and return upper portion with your remittance. 5 ITT 6 BUTTON PHONES 6 TONE COMMANDER 186 40 SUB TOTAL 681 76 TAX EX# 80252 7 6 hr . @ $20 . 00 per hr . 120 . 00 TOTAL BALANCE DUE 801 6 f WORK ORDER # 2078 WknnJones GR"LINE FORM•45101-PART 1983-PRINTED IN U.S.A. Your Check is Your Receipt 1/ MEMO TO: -City Council/Gregg Voxland, Finance Director FROM: LeRoy Houser, Building Official RE: Budget Amendment DATE: July 16 , 1985 Introduction: This is a formal request for a budget amendment to cover shortfalls which will be explained by division summary. Background: The following divisions have budget deficits that need amendments - explanations for shortfalls accompany each division item. Division 4330 - Travel & Subsistance No funds were budgeted and $304. 11 was spent on the trip to North Carolina for our design meeting on the water slide $304. 11 amendment. Division 4391 Dues & Subscriptions $500 .00 was budgeted and $883 . 12 was spent. The purchase of new 1985 code books for the dept. was the cause of the expen- diture. $383. 12 amendment. Division 4320 - Building Maintenance $1 ,900. 00 was budgeted - $5 ,186 .00 was spent. A handicap water cooler was installed at the library and the engineering remodel project was billed to this account. In addition misc . maint. items were needed. A budget amend- ment for $3,286 . 10 + an additional $1 ,500.00 for the remainder of the year. $4 , 786 . 10 amendment. Division 4511 - The water slide was budgeted for $153 ,657 .00. Additions to the original project (non bud- geted) were $2 ,011 .00 for black dirt for the sliding hill , amplifier system - $2 ,389 .25 , booster pump for filter -system - $1 ,645 . 00 , increase size of pool slab - $319 . 65 , 48" rail at pool side - $814. 03 , add additional footings to station 16417 - $1 ,145 . 10, install curbing at diving well - $884.40 , remove curb section under flume - $292 . 75 , grating change at intake pipe - $40 . 00 , misc . painting pool house, rails & piers - $1 ,465 . 00 , wax and waxing of slide - $400. 00 , muni ball rental Budget Amendment July 16 , 1985 Page -2- - $525 . 00 , misc . paint & supplies for joint work - $390 . 91 , signage for slide - $195 . 00 , bobcat work on hill - $360 .00 , additional gate & temporary fencing - $750 .00 for a total of $13 ,627 .00 . Our deducts on the job were as follows : Reduce pool slab $ 397 . 55 Reduce walkway 728.00 Reduce railing size 1 ,040.00 Soil test credit 350.00 $ 2 ,515 . 55 Total deficit to water slide $11 ,111 .45 Budget amendment request for $11 ,111 .45 Summarized: Budget amendment totals as follows : Division 4330 $ 304. 11 Division 4391 383 . 12 Division 4320 4,786 .00 Division 4511 115111 .45 Total Budget Amendment $16 ,584. 68 Action Requested: Move to direct staff to prepare resolution amending budget. Footnote: We have completed the CIP #59 set for 86-88 for the sliding hill . This project cost was estimated to be $57 ,500 . 00. We have completed this scheduled sliding hill project for $12 ,000.00 total . When Council reviewed the amendment request for the water slide project they should bear in mind, the painting of the pool house, the intercom system, booster pump and completion of CIP #59 were not part of my original request for this project . These four items represent the bulk of the overrun on this project . LH: cah C3 TY OF SHAKCDFDE:a INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee. Ainnesota 55379-1376 (612) 445-3650 August 1, 1985 MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: Fourth Avenue - County Road 83 to Shenandoah Drive, Right-of-Way Acquistion DATE: August 1, 1985 INTRODUCTION: Payments to the property owners involved in the acquisition of Right-of-Way and Easements for the Fourth Avenue Project, requires Council approval. BACKGROUND: Shelly Felsing of Krass, Meyer, & Walsten is handling the nego- tiations and subsequent acquisition of the additional Right- of-Way and Easements necessary to construct the Fourth Avenue Project. She is making good progress and expects to secure all agreements as estimated earlier. (See attachment "A" for breakdown and cost computations) . ACTION REQUESTED: A motion to authorize payment of the Right-of-Way Costs, Ease- ment Costs, and Damages as listed on attachment "A", estimated total $64, 934. 78, for the Fourth Avenue - County Road 83 to Shenandoah Project No. 85-1. FS/pmp PAYMENTS ATTACHMENT "A Fourth Avenue-Co. Rd. 83 to Snenandoa; Drive Printers: 01-Aup-85 Richt of Way Acouisition Cost Computations Value of ROW 1. Settlement Value of ROW for Shenandoah Drive was $30, 000/Acre E. Council Authorized an Offer of that Amount 3. Utility Easement is 85 Percent of Value 4. Areas Computed by Valley Engineering Square Foot Value for ROW $30, 000/43, 560 = $0. 688705 /sq. ft. Square Foot Value for Easement 0.85 x $0.688705 /sq. ft. _ $0. 585399 TOTAL PARCEL ROW ROW EASEMENT EASEMENT ACQUISITION NO. OWNER AREA COST AREA COST DAMAGES COST (Sq.Ft. ) (Sq.Ft. ) I Chr i st ai n & Gross 6, 263. 1 $4, 313. 43 4,473. 7 0, 618.90 $E, 932.33 2 Wronski 1j400. 1 $964. 26 1,000. 1 $585.46 $1, 549.72 3 Btorklund 1, 400. 1 $964. 26 1. 000. 1 $585. 46 $1,549.72 4 Bell 11050.3 $723. 35 750.2 $435. 17 $1, 162.52 5 MRI 8, 111. 1 $5, 58E. 16 5, 793. E $3, 391.57 $8, 977.73 6 Koskovich 0.0 $0. 00 0.0 $0. 00 $0.00 7 Owen-Illinois 1S, 682. 0 $12,866- 39 5,938. 0 $3, 476. 10 $16, 342.49 8 Certain-Teed 10j324. 0 $7, 110. 19 8, 141. 0 $41765.74 $11, 875.93 BA Certain-Teed 4,007.2 $2, 759. 78 300. 0 $175. 62 $a, 935.40 9 Thunderhawk 5, 15a.7 $3, 548. 69 500. 0 $29E.70 $3041.39 10 Gomer 1, 934. 5 $1, 33Z. 30 175. 6 $102- 80 $31000. 00 $4j435. 10 1 Si lverhawk 5, 019. 5 $3, 456.96 424. 4 $248.44 $3, 705.40 1i Si lverhawk 21107. 5 $1, 451.45 300.0 $175. 62 $1, 07. 07 TOTAL $45, 077. 20 $16, 857.58 $3, 000-00 $64l934.78 C 11 TY OF SF1AKQF> � INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee. Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: H. R. Spurrier, City Engineer SUBJECT: Shakopee Racetrack Off-Site Improvements DATE: July 29, 1985 INTRODUCTION: There had been concern expressed regarding overuns on the off- site improvements. In order to clarify the fiscal position of the City, so far as funding the off-site improvements, I have attached a Cost Summary printed June 3, 1985 and a Cost Summary printed July 26, 1985. BACKGROUND: The purpose of the attached Cost Summaries is to show that taking an aggregate of off-site improvements are running $292, 000. 00 below the amount originally encumbered for the pro j ect. One project has significant overun. That project is the County Road 83 widening. It is now $6, 000. 00 above the original esti- mate and $18, 000. 00 above the original encumbrance. Most of the $18, 000. 00 is the result of additional work performed at the request of the County after project plans were final. It has been the practice of the Engineering Department to accom- modate any and all requests made by Scott County for improve- ments along County Road 83. We have accommodated their requests primarily due to the fact that the tax increment derived from the Racetrack is comprised in part of the County' s levy. Comparing the two Cost Summaries, it is clear that we have budgeted $53, 680. 00 for additional technical services as a result of expanding the Fourth Avenue project. Barton-Aschman will submit to the City, prior to August 2, 1985, a proposal which would increase the amount encumbered for techcnical services for the off-site Racetrack Improve- ments. That increase should be in the range of $54, 000. 00. I would recommend that City Council approve an increase of $54, 000. 00 for the additional technical services required for r Shakopee Racetrack Off-Site Improvements July 29, 1985 Page 2 the reconstruction of Fourth Avenue because the reconstruction of Fourth Avenue is a municipal state aid project and the in- terim City Engineer must be appointed. It is my recommendation that the City Council appoint John Mullen, Barton Aschman, as acting City Engineer for the reconstruction of Fourth Avenue. ACTION REQUESTED: 1. A motion to approve encumbrance for additional technical services required for Fourth Avenue. 2. A motion appointing John Mullen, Barton-Aschman, acting City Engineer for the reconstruction of Fourth Avenue-County Road 83 -to Shenandoah Drive, State Aid Project No. 166-108-01. HRSlpmp FOURTH 1. rr0 ieCL - _ tn5 't , i., E�-:GicLet� -, !-.ontiituenC'-' ;OLai i,u5= Difference Lost lri EIS Re` ised esti ffiate Efi Cum U er ed 1. ey F`arii Drive c.nd _ , +,y -1 l {t it.741. 0 � _ .��. ts;� _. irunk: ripnway lt:l _ _ intersections t1 g: ,L g9•' +'ll!5,ll00. 00 Z. 5 046.51 $18".°866.54 s-394gi1:;. 15 $ 10- 66.85 +`-c !i ($P,6J6.00) #2Llgill!.UL! ($16. J/v, tti 5h en anda V:h Drl ve (.moi') 's"C+J. it1._,;.iii 4. County Road 83r _ - Wiidening "16) $iS5g000.00 3'1`-:' ,348.50 ($1v,36Z..5i'i 1%fig tiC.L?�! Sig{!iC .(i r J. 4th Avenue LQ.Rd. 8- - RaCetr aCf: Entrance :U"1 32 4gt100. 00 $1(]6,149. 14. $16.6114. 91 #•183.424.05 $90.575.95 o. Right of Way Cost for 4th avenue $40, 131.55 $40, 131.55 I. Railroad Crossing Cost 45,924.Oii ( 5,94.0{ii x•-40,000.00 (t'?40,000_ii ---------------------------------L-p----------------------- r r ict ::'g3J917000.00 #'6.060,452. iJ #'67 .21•}..6. 75 #'2, 129,675.70 #'`.69,02/-.LJ Total Construction ian Cosh E. Engineering, legal .and #'J75,506.00 $14,4 7:.0 Lonti. qency s $390,0001.00 �_: Jlb. �: 7. Right Of Wa.y Costs for -_ g rt ,�7� - 5htenanol ah UriVJi e $150,0 10.00 �cq �. iJ +' J• , v. t ' i___u. :.i_ - '�'� ---c------------------------ -c----- TOTAL ti111 Y1Ut i Lt1 .U� i 7 2.8 9.4 !1{ . 71! t .Ju7 g 2158.il}-_869 g: 75 .658 g Jt!: .Lv #2Jl 1020 2 . 9.f 21!1.4-th Avenue, RaCe•traCk - Efttr arlCe - SnenanCoan +i6t,:49'. l4 c16g6 �.` 1 $187:1.4224. 05 (+'Jv .464.4% l i Additional Right-of-YiaV t ❑ +;Ln Avenue fit`F..".•0_�. :•:.jtg0� 3. 1i.Mcci ionri Technical Ser'li C"s - 4th. Avenue 53 i'+�? i + )it': -+`. ,`, CfJ;ij.r!1) $531,680-00_ i•Ii g L,..4.t !; .Possible Si❑nall.atlon, s a+ TH +y.1 and- v r.-. #'7,6g6bt .;ii -i'ilir g{1Jt7.!!:: 1i�!,i.itJC. t:V:' nc. Ra. i4.adC'ltlonai Richt of Yeah` T.•';. 4+�i i'rl - •4:=. 1:)21:,(i \ 4�gyi7; 666.1 r Shenandoah Drive = +'f C i.i j 4 i V .S,Street Li t'' g ------------------;-------1--------------------lt-gi't:i t__-- ------11-t---�-- h i ri `-' v%` U{.l tl..�l 21_1 - t 619=' --v. �. '^' 5g+'v uv +•T 690.55..."`. i+'. X41 +�=�. 3O, t�3�11i'a�' T:I'I fti� g - NOTES: _ 1. increased Cost a Fourth avenum- is due ' a pavement tailiire ftOLed lr rraLir. Engineering r0mpan; tests and 15 dtie LO the recuired redilCnment Of tilt Vertical proiiie. -y F`o-sibie signal:CaL1on 0t T 1{!1 and C'0. Rd. vJ 215 inCltlded C+eCauSe Lucre 15 4 pOtentiti that this may meet warrants b 1 , -155. _ , gids were almost hal OL Lhc eStiivated C05L aeC Q-use LwG' si gftai iZaLl Ofi prOj8Ct5 did not meet warrant S. Li. additional Sivpe easement was r-cul 8d for the COnstr uction of �%en-nd0a.h Dri'vs. F 5. Fic^V8ni185 .t0 O'`58t the COstS abC+''•r'e are listed below, Revenue Amount ia) Bic)na 0 a 1 e (aJ F'. I'lart T i F D5triCt T311 "6';:, 6)66 CJ MnDOT Grant A 56 !141 t0 innesa2 a RacetraCi: 1nC. Shenandoah south of 4+1h Ave. ;'_�S.i;`: .,i{0 (e.' Municipal -tate aid U V.VV lf ! i6lried41ate Special assessment - gll'.)i.'• on (o? additional TIF Tu"Tai REVENUE ---i g 3y_..91n. 6. HJdiL:Offa! i li was v.iltii0ri:8❑ LO CGVer'tne aad1t10 Lal C05t at consLrucLin 41h tiVen't:e, frr t R [ L'-ri `nt; ^ a ! .7r t'i;i,iCn was e5tlliiated to Cost t31Gg l !0. 00. - am he a e i a i. , {anCB LO Shen Drive ,`�'tnuifig VJaS ei:rT'.+eCTe:: LO COmc tr0iim { li- and i'i:iriiCifiai JLaLe aiG. - S=;rlKDDE COST SUMMARY Printed: 02-Jun-K-. OFFSITE IMPROVEMENTS Y Project Estimated Cost or Contingency Total Cost Difference :ley Park Drive and Cost in EIS Revised Estimate Encumoeret h Avenue (4, 7) $920, 000. 00 $772,974.45 $69,515.Q $842,490. 10 $77150S. 90 ank. Highway 101 r ersect i ons (1, 2. 3, 9) $705, 000. 00 $359,604. 43 $35110S. 72 $394, 713. 15 $310,286. S5 .enandoah Drive (5) $255000. 00 00 $271. 378. 00 ($9,608, 00) $261,770.00 ($161378. 00) _int y Road 83 den i n g (6) $05,000.00 $174, 61S. 85 $4, 366. 15 $178, 985. 00 $6j015.00 h Avenue, CoRd. 83- 2etrack Entrance (8) $2741000. 00 $2491091. 00 $24,909.00 $274, 000. 00 $0. 00 ght of Way Cost for n Avenue $45,000.00 $45,000. 00 i l road Crossing Cast $245, 924.00 ($5, 924. 00) $2401000.00 ($240,000. 00) ----- ------------ t a 1 Construction Cost$2,339,000. 00 $2, 118, 590.73 $118,367.52 $2,236, 958.25 $1379433.75 gineering, Legal and nt ingency Cost $390,000.00 $390,000. 00 $390,000.00 $0. 00 ght of Way Costs for enandoah Drive $150, 000.00 $150,000. 00 $150,000.00 $0. 00 ---------------------J------------------------------------------------ TAL AUTHORIZED COSTS $2, 879, 000.00 $2, 658,590. 73 '$118,367. 52 $2, 7761958.25 $137,433.75 n Avenue, Racetrack -ranee - Shenandoah $200,000. 00 $22,013100 $222,013.00 ($222,013.00) ditional Right-of-Way n Avenue $40,000.00 $40,000.00 ($401000. 00) ditional Technical ,vices - 4th Avenue $53,680.00 $53,680. 00 ($531680. 00) ssible Signalization TH 101 and CoRd. 83 $93, 687. 00 $9, 369.00 $103, 05S.00 ($103,05E. 00) ditional Right of Way enandoah Drive $42j100. 00 $42, 100.00 ($42, 100. 00) reet Lighting $250j000. 00 $c50, 000.00 ($250j000. 00) - ---------------------------------------------------------------------- QND TOTAL $2, 879,000. 00 $Z, 3381057.73 $149, 749. 52 $Z, Q 7, 807.25 ($573, 415.25) ,�tcreased Cost of Fourth Avenue is due to pavement failure noted in Praun Engineering ompany tests and is due to the required realignment of the vertical profile. Dssible signalization of TH 101 and Co. Rd. 83 is included because there is a potential .at this may meet warrant=_. by 12!31/85. ,ds were almost half of the estimated cost because two signalizationro leets did not get warrants. p aditional slope easement was required for the construction of Shenandoah ;hive. venues to offset the costs above are listed below: Revenue Amount Bond Sale $2, 445, 325.00 K Mart TIF District $310, 000. 00 MnDOT Grant $601585.00 Minnesota Racetrack. Inc. for Shenandoah south of 4tn Ave. Municipal State Aid $E25, 000.00 Immediate Special Assessment $•239. 000.00 Additional -IF $119,898. 00 TOTAL REVENUE $3, 457, 808.00 SUS. 1985 Barton-Aschman Associates, Inc. I:TY 1610 South Sixth Street Minneapolis. Minnesota 55454 612-332-0421 July 31, 1985 Mr. John Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Re: Contract amendment for survey and engineering services associated with city projects 84-8, 84-9, B4-4 and 85-1 (S.A.P. No. 166-108-01) Dear Mr. Anderson: At the request of Mr. H.R. Spurrier, Barton-Aschman is submitting this cost proposal for additional professional engineering services to be provided during reconstruction of 4th Avenue (City Project 85-1, S.A.P. 166-108-01) in Shakopee. Also included in this submission is a summary of extra work provided on the above referenced projects, which was ordered by city staff and previously submitted under separate cover for consideration. 1.1 PROJECT DESCRIPTION AND SCOPE OF SERVICES Our understanding of the services requested is that Barton-Aschman will serve as the City of Shakopee's duly authorized engineer for the duration of construction along 4th Avenue from CR 83 west to Shenandoah Drive. The services proposed will include, but are not limited to, the following: Assign a Registered Professional Engineer to monitor the project on a weekly or as- needed basis. Provide a construction engineer to manage the project in accordance with state aid guidelines and coordinate with city inspectors. - Conduct a project pre-construction meeting with city staff, contractors and utility companies. Also notify MnDOT District State Aid Engineer one week in advance of meeting. - Provide MnDOT with notice of work commencement. - Submit copies of weekly construction diary to MnDOT District State Aid Engineer (on monthly basis). - Review and approve partial payment requests. Barton-Aschman Associates, ins. Mr. John Anderson July 31, 1985 Page 2 - Copies of change orders or supplemental agreements will be submitted to the MnDOT District State Aid Engineer. Major revisions to contract will be submitted in advance for state approval. - Timely notice of completion will be made to assure close out inspection and final payment. It is our understanding that the city engineering department will conduct daily inspection and maintain an up to date construction diary. 1.2 STAFFING Barton-Aschman Associates, Inc. has designated the following personnel to administrate this Municipal State Aid Project. John C. Mullan, P.E. will serve as Project Engineer and will be directly responsible for overseeing the project. David B. Warzala will serve as the project's construction engineer with responsibility in project management and coordination. 1.3 LEVEL OF EFFORT Due to the difficulty in establishing a finite level of effort, Barton-Aschman recommends that an hourly rate with a not to exceed amount be the basis for consultant compensation. The following are hourly rates for proiect staff. Project Engineer - $75.00/hour Construction Engineer - $55.00/hour Based on the specified (45) forty-five working day construction contract, Barton-Aschman estimates the following level of effort as an upset maximum. 3 days/week x 9 weeks = 27 days service - Estimated service breakdown by staff member 9 days x 8 hrs. = 72 hrs. at $75.00/hr. = $5,400.00 18 days x 8 hrs. = 144 hrs. at $55.00/hr. = $7,920.00 - Direct salary cost including overhead and profit = $13,320.00 Travel and reproduction cost = $400.00 - Total estimated fee = $13,720.00 The above amount would not be exceeded without written authorization from the City of Shakopee. ( 1 Barton-Aschman Associates, Inc. Mr. John Anderson July 31, 1985 Page 3 Summary of Extra Work Previouslv Authorized - Additional survey services ordered on city projects 84-8, 84-9, 1984-4 and 85-1 (refer to Barton-Aschman's letter to Mr. H.R. Spurrier dated June 25, 1985) Total additional survey services ordered as of June 25 - $4,802.50 Recommended additional surveying services budget - $8,000.00 - Additional design services associated with city project 85-1, S.A.P. 166-108-01 (refer to Barton-Aschman's letter to Mr. H.R. Spurrier dated June 27, 1985) Total additional design cost accrued due to extended project limits - $13,643.11 If the contents of this submission meets with the approval of the City of Shakopee, please forward written notification authorizing amendment of our original contract with the city. Thank you for affording us the opportunity to continue to serve the City of Shakopee. S" rely, David B. Warzala Senior Associate DBW:kro Garton-Asc&urian Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 June 25, 1985 Mr. H.R. Spurrier City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Re: Requests for additional survey work for City of Shakopee Projects 84-8, 84-9, 1984- 4 and 85-1 Dear Mr. Spurrier: As you know, city staff has requested additional survey services from our subconsultant, Valley Engineering Co., Inc., which they define as extra work outside the scope of their original contract with Barton-Aschman. Therefore, Barton-Aschman submits the enclosed invoice numbers: 4747-2, 4779-2, 4817 and 4848 for consideration by the City of Shakopee. The total amount requested to date for additional survey services is $4,802.50. Based on continuing requests by the city for surveying, easement data, etc., we would suggest that an upset maximum of $8,000 be budgeted for these additional services, to be provided for the above subject projects. If the enclosed billing meets with your approval, please forward payment to our office for distributuion to our subconsultant. Thank you for your attention in this matter. Sinrely, / David B. Warazl a Senior AsSoci ate' DBW:jkc cc: Ron Swanson, Valley Engineering Co., Inc. Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 June 27, 1985 Mr. H.R. Spurrier City of Shakopee 129 E. First Avenue Shakopee, Minnesota 55379 Re: Contract amendment for design services associated with city project No. 85-1, S.A.P. No. 166-108-01. Dear Mr. Spurrier: As requested by the City of Shakopee, the construction limits for 4th Avenue were extended approximately a half mile to the west which was, as you know, not a part of our original contract agreement dated July 10, 1984. Therefore, Barton-Aschman Associates, Inc. is hereby requesting a contract amendment in the amount of $13,643.11 for additional costs accrued during the design phase of the 4th Avenue reconstruction project (city project 85-1). Based on the current status of all roadway improvements associated with Canterbury Downs, we do not anticipate any further design fee increases beyond the request stated herein. Thank you for your attention in this matter. Sincerely, avid B. Warzala Senior Associate DBW:kro C = TY OF" SHPiKCDFP]-=� INCORPORATED 1870 ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Kinnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Fire Hydrant Additions to K-Mart Distribution Center DATE: July 26, 1985 INTRODUCTION: The Engineering Department was asked to solicit quotations for the above work. BACKGROUND: Quotations were sought from three contractors, two of these responded with the attached work quotes. The quotations are based on installing three hydrants. Amounts of restorative materials will vary slightly, but costs are minor in nature. S. M. Hent ges & Sons has submitted the lowest quotation. ACTION REQUESTED: City Council authorization to enter into an agreement with S. M. Hent ges & Sons Excavating to perform installation of ad- ditional hydrants on the K-Mart Distribution Center property in the amount of $11, 705. 80 to be paid on the K-Mart Tax Incre- ment Project. RRf pmp HYDRANT 1 S. M. HENTGE,S & SONS EXCAVATING Bid irate Project: Sheet No: Location: _ ,�.- :� y ;summary by: Prices by: �` Bice Item )iscription Equip. Unit Unit Sub Misc. Labor Mat. Quant. Price Total J qv 4a' d9 .y +/ ,Z-�/� O Enna a �✓- 9S/��c '�f � � /tip L' �� d f /YO, /Opd ctY U✓ 7�C'z'SGS, J � �Q �� ��C' e�� Flo F. F. JEDL/CK/ INC. SEWER & WATER CONTRACTOR EXCAVATING 14203 West 62nd Street Phone: 934-7272 Eden Prairie, Minnesota 55344 Mobile Tel. 1-977-7247 July 17, 1985 City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 Attn: Ray Ruuska For: K-Mart ITEM QUANITY UNIT TOTAL HYD. 3 each $1400.00 $49200.00 8" GATE VALVE 3 each 500.00 11500.00 8" DIP 20 L.F. 25.00 500.00 12 x 8" WET TAPS 3 each 1500.00 41500.00 REMOVE BLACKTOP 20 S .Y. 3.00 60.00 2341 WEAR 10 TON 75.00 750.00 CL. 5 30 TON 10. 00 300.00 SOD 50 S .Y. 3.00 150.00 TOTAL $11, 960.00 - t Frank Jedlicki F.F. Jedlicki, Inc. FFJ/llg CITY OF SHAKOPEE INCORPORATED 1870 a' 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 its >S MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: Acquisition of Trunk Highway 101 Bypass Right-of-Way Parcels No. 3 through No. 6 DATE: August 5 , 1985 INTRODUCTION: On July 26 , 1985 the Metropolitan Council gave final approval to Shakopee ' s application for a loan to purchase Parcels 3 , 4, 5 , and 6 in the Trunk Highway 101 Bypass Right-of-Way. The City and Met Council must execute a loan agreement (attached) , after which funds for acquiring the properties will be released. The loan amount $182 , 490. 57 is broken down as follows: Parcel No. Owner Property Amount 3 Vernon Lang 5 . 4 Acres lying $ 60 , 000 . 00 Prestige Parks, north of Co. Rd. 16 Inc. and westerly of DCCD 1st Addition. 4 Vernon Lang Lots 2 ,3 ;4 , 5 , 6 ,and $ 93 , 848.70 Prestige Parks , 7 , Block 1 ; Lots 6 Inc. & 7 , Block 4 ; Lot 1 , Block 5 ; and Outlot E, Killarney Hills Addition, Scott County, Minnesota 5 Prestige Parks, Lot 8 , Block 1 $ 9 , 800 . 00 Inc. Killarney Hills c/d Aaron R. Addition, Scott Forcier County, Minnesota The Heart of Progress Valley Bypass Right-of-Way QQ August 5 , 1985 Page 2 6 Dennis & Barbara Lot 11, Block 1 $ 9 , 384 . 87 Martin Killarney Hills Addition, Scott County, Minnesota Fee Appraisals: Ken Lewis & Assoc. $ 1 , 800. 00 City Cost Attributed to Appraisal and Title Evaluations: $ 7 , 657 . 00 TOTAL LOAN AMOUNT $182 ,490.57 ACTION REQUESTED: A motion to direct proper City officials to execute a "Loan Agreement between the Metropolitan Council and the. City of Shakopee for Highway Right-of-Way Acquisition" for Parcels 3 , 4 , 5 , and 6 in the amount of $182, 490 . 57. FS/pmp FIN CONTRACT NO. L-85-3 LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SHAKOPEE FOR HIGHWAY RIGHT-OF-WAY ACQUISITION THIS AGREEMENT is entered into this day of , 1985, by and between the Metropolitan Council, hereinafter referred to as the Council, and the City of Shakopee, hereinafter referred to as the "Recipient." WHEREAS, the Council has been authorized by Minnesota Statutes, Section 473. 167, to make loans to counties, towns, and cities situated within the Metropolitan Area for the purpose of acquisition of property within the right- of-way of a state trunk highway shown on an official map when acquisition is necessary to avoid imminent conversion of such property to a use which would jeopardize the property's availability for highway construction; and WHEREAS, the Recipient, an eligible governmental unit, has applied for such a loan to accomplish the acquisition of threatened right-of-way within the officially mapped corridor for Trunk Highway 101 ; and WHEREAS, the Council has authorized that such a loan be made from the Metropolitan Right-of-Way Acquisition Loan Fund. NOW, THEREFORE, in consideration of the mutual promises and covenants herein and the Councils agreement to loan funds to Recipient hereunder, the Council and the Recipient agree as follows: 1 . Loan Funds A. The Council shall loan to the Recipient, in accordance with the schedule set forth below, a total loan amount not to exceed $182,490.57. Loan funds shall be made available to the Recipient as follows: (1) Upon execution of this loan agreement, $173,033.57, for acquisition of those parcels of real property described as Parcels 3,4,5 and 6 in Exhibit A, attached hereto and made a part hereof. B. An amount not to exceed $9,457.00, upon receipt of satisfactory and complete documentation respecting Recipients actual appraisal and title evaluation costs. 2. Authorized Use of Loan Proceeds The parties agree that loan proceeds may be used only for the following purposes: A. The costs of acquiring the parcels of land described in paragraph 1 . B. The costs incurred by the Recipient to appraise said property and to conduct title evaluations. The parties agree that no part of the loan proceeds shall be used for -2- Accounting A. The Recipient agrees to establish and maintain a separate account for the loan funds made available herein and to maintain accurate and complete accounts and records relating to the receipt and expenditure of any and all loan funds. Such accounts and records shall be kept and maintained for a period of at least three years following discharge of the loan. B. The above accounts and records of the Recipient shall be audited in the same manner as all other accounts and records of the Recipient are audited, and may be audited and/or inspected on Recipient's premises or otherwise by individuals or organizations designated and authorized by the Council at any time following reasonable notification during the loan period, and for a period of three years following final loan discharge. Reports A. Acquisition Report. The Recipient agrees that upon completion of any acquisition, the Recipient will submit to the Council an acquisition report and restrictive covenant substantially in the form of Exhibit B. B. Annual Report. The Recipient agrees to submit on or before June 30 of each year during which this agreement is in effect an annual report on the status of the loan, in a form to be determined by the Council. b. Income The Recipient agrees to transfer to the Council within 30 days of receipt all net rents or other money received as a result of Recipient's ownership of the property. 6. General Conditions A. Duration. The loan award specified herein shall commence on the execution of this agreement and remain in force and effect until the loan is discharged. B. Discharge. The Recipient agrees to pay to the Council, within 30 days of receipt, the following amounts upon occurrences of the following event(s): (1 ) If any parcel purchased with the loan funds made available herein is conveyed to a highway authority for construction of a highway, the Recipient shall repay the amount specified in paragraph 1A attributable to the parcel and the amount actually disbursed pursuant to paragraph 1B attributable to the parcel. (2) If the Council notifies the Recipient that the plan to construct the highway has been abandoned or the anticipated location of the highway changed, the Recipient shall repay the fair market value of the property as determined by sale of the property in accordance with procedures required for the disposition of property. -3- (3) If the property for any other reason is sold, or if the Recipient materially breaches any term of this agreement, the Recipient shall repay the amount specified in paragraph 1A and the amount actually disbursed pursuant to paragraph 1B. The Council agrees to notify the Recipient of any such breach and to provide a reasonable opportunity to cure. The Council agrees that upon payment of the specified amount it will discharge the loan. C. Interest. The loan made herein shall bear no interest. D. Agreement to Convey. The Recipient agrees that upon the request of the authority authorized to construct the highway for which this right of way has been reserved, the Recipient will convey the property to r the authority at the same price (including costs of appraisal and title examination) which the Recipient paid for the property. E. Rights Reserved. In the event that the Council finds that there has been a failure to comply with the provisions of this agreement, the Council reserves the right to take any and all such action as it deems necessary or appropriate to protect the Council's interest, provided that the Council agrees to notify the Recipient of any such failure to comply and to provide a reasonable opportunity to comply. F. Amendments. The terms of this agreement may be changed or modified by mutual agreement by the parties hereto. Such changes or modifications shall be effective only upon the execution of written amendments signed by authorized representatives of the Council and Recipient. G. Compliance with Certain Laws. The Recipient agrees to comply with all applicable laws relating to nondiscrimination, affirmative action, and public purchase, contracting and employment. In particular, Recipient agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and to take affirmative action that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of pay and other forms of compensation, and selection for training. H. Property Maintenance. The Recipient agrees to make reasonable efforts to rent and maintain in a manner compatible with the surrounding environment property, as appropriate, acquired with loan fund provided hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written. METROPOLITAN COUNCIL By Approved as to legal Mayor form and adequacy Office of Staff Counsel City Administrator LOANAG City Clerk_ Approved as to form Assistant City Attorney Jl� EXHIBIT A LEGAL DESCRIPTIONS OF PARCELS 3, 4, 5, and 6 PARCEL 3: That part of the West Half of the SW 1/4 of Section 9, Township 115, Rg 22, Scott County, Minnesota lying North of County Road #16 and Westerly of Lot 1 , Block 1, DCCD 1st Addition, Subject to the Northern Natural Gas Company Easements. PARCEL 4: Lots 2, 3, 4, 5, 6 and 7, Block 1 ; Lots 6 and 7, Block 4; Lot 1, Block 5 and Outlot E, Killarney Hills Addition to Scott County, Minnesota. PARCEL 5: Lot 8, block 1, Killarney Hills Addition, Scott County Minnesota. PARCEL 6: Lot 11 , Block 1, Killarney Hills Addition, Scott County, Minnesota. ABLEGD /- al CITY OF SHAKOPEE a . INCORPORATED 1870 R' 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 v 4 MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Bids for Eaglewood Street Rehabilitation DATE: August 6 , 1985 INTRODUCTION: Bids were received on this date for the above referenced project. BACKGROUND: Four bids were received, they are as follows : Bidder Bid Amount S.M. Hentges & Sons $151 , 941.73 Valley Paving, Inc. $172 ,732. 00 Hardrives , Inc. $174 , 531. 10 Preferred Paving, Inc. $197 , 355 . 35 The cost estimate for this project included in the feasibility report was $187 ,125. 00 ACTION REQUESTED: A motion by City Council to authorize proper City officials to award Project No. 1985-2 , Eaglewood Street Rehabilitation, to S.M. Hentges & Sons , P.O. box 142 , Shakopee, MN 55379 in the amount of $151 , 941. 73 . RR/pmp HENTGES The Heart of Progress Valley AN F01/41 (1POnp771" ,rl—1— - RESOLUTION NO. 2422 A Resolution Accepting Bid On Eaglewood Street Rehabilitation Project No. 1985-2 WHEREAS , pursuant to an advertisement for bids for the Eaglewood Street Rehabilitation, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Bid Amount S.M. Hentges & Sons $151 , 941 . 73 Valley Paving, Inc. $172 ,732 . 00 Hardrives , Inc. $174 , 531. 10 Preferred Paving, Inc. $197 , 355 . 35 AND WHEREAS , it appears that S.M. Hentges & Sons , P.O. Box 142 , Shakopee , MN, 55379 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The Mayor and City Clerk are hereby authorized and directed to enter into a contract with S.M. Hentges & Sons , in the name of the City of Shakopee for the improvement of Eaglewood Street Rehabilitation by Roadway reconstruction, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids , except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney C T TV CD F- SHAKOPaa INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Hinnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Eaglewood Roadway Reconstruction DATE: August 2, 1985 INTRODUCTION: Bids will be received for the above referenced project on August 5, 1985 at 10:00 A. M. BACKGROUND: Plans and specifications far this project are on file in the Engineering Department. Bids have been properly advertised for and those bid totals will be available for the City Council meeting on August 6, 1985. ACTION REQUESTED: A motion to authorize proper City officials to enter into a contract with the lowest responsible bidder of the Eaglewwod Roadway Reconstruction, Project No. 1985-2. RR/pmp mem2422 RESOLUTION NO. 2422 A Resolution Accepting Bid On Eaglewood Street Rehabilitation Project No. 1985-2 WHEREAS, pursuant to an advertisement for bids for the Eaa 1 ewr_od Street Rehab i 1 i t at i on, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement : (List Bidders) (List Bid Amount - start with lowest bidder and progress) AND WHEREAS, it appears that (Name) (Address) is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with , in the name of the City of Shakopee for the improvement of Eaglew�mod Street Rehabilitation by Roadway reconstruction, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorised and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk. Approved as to form this day of 19 City Attorney V C 2 TY OF SHAKOPEa INCORPORATED 1870 ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee. Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Fourth Avenue Reconstruction, Shenandoah Drive to County Road 83, Project No. 1985-1 DATE: August 1, 1985 INTRODUCTION: Attached is the advertisement for bids for the above referenced project. BACKGROUND: Plans and Specifications for this Stat e A i d Project are on file in the Engineering department and have been reviewed by Shakopee Public Utilities. The recommended action is a motion to approve Plans and Specif- iactions and authorize proper City officials to advertise for bids for street reconstruction in accordance with the attached Advertisement for Bids. ACTION REQUESTED: 1. A motiontoapprove Plans and Specifications for the recon- struction of Fourth Avenue from Shenandoah Drive to County Road 83, Project No. 1985-1.- 2. A motion to authorize proper City officials to advertise for bids in accordance with the attached Advertisement for Bids. RRlpmp mem2421 RESOLUTION NO. 2421 A RESOLUTION AUTHORIZING IMPROVEMENT. APPROVING PLANS AND SPECIFICATIONS, ORDERING ADVERTISEMENT FOR BIDS AND DESIGNATING A PROJECT ENGINEER FOURTH AVENUE RECONSTRUCTION, PROJECT NO. 19a5-1 STATE AID PROJECT NO. 166-108-01 WHEREAS, Council has ordered the preparation of design specifications and bid documents for the improvement of Fourth Avenue from County Road 83 to Shenandoah Drive by roadway recon- struction; and WHEREAS, Barton Aschman Associates, Inc. , has prepared and presented to the City Council, for approval, plans and speci- fications for the reconstruction of Fourth Avenue from County Road 83 to Shenandoah Drive; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The construction of Fourth Avenue from County Road 83 to Shenandoah Drive, State Aid Project No. 166-108-01, by roadway reconstruction is hereby authorized. `. Plans and specifications for said reconstruction, a copy of which is on file and of record in the office of the City Engineer, are hereby approved. 3. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of said roadway reconstruction under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 A. M. , on September 3, 1585, at which time they will be publicly opened in the council chambers of the City Hall by the Project Engineer and the City Clerk., or their designee, and will be considered by the Council at 7 :00 P. M. , or thereafter, on September 3, 1985, in the council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier' s check, b i d bend or certified check payable to the order of the City of Shakopee for not less that (5%) of the amount of the bid. 4. Barton Aschman Associates, Inc. , is hereby designated as the Pry iect Engineer for this improvement. Adopted in session of the City Council of the City ..f Shakopee, Minnesota held this day of , 1985. Mayor of the City of Shakopee ATTEST: City Clerk . Approved as to farm this day of , 1585. City Attorney Cf"wQ�� MEMO TO : John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE : Agreement with Mn. Racetrack, Inc . for Traffic Management DATE : August 2 , 1985 INTRODUCTION AND BACKGROUND: The attached hold harmless agreement for traffic management between Minnesota Racetrack, Inc . and the City has been reviewed and approved by the Assistant City Attorney, Mr. Krass. The agreement is desireable by both MRI and the City. Recommended Action: Authorize the proper city officials to execute an agreement with Minnesota Racetrack Inc . for traffic management on public streets adjacent to Canterbury Downs. jc Hold Harmless and Indemnification WHEREAS, Minnesota Racetrack, Inc. desires to have some of its employees, who have been trained in traffic management, designated as Reserve Police Officers of the City of Shakopee so ' they can direct traffic on public streets within the City of Shakopee, adjacent to Canterbury Downs, as part of their duties as employees of Minnesota Racetrack, Inc. ; now therefore the parties agree as follows: 1 . The City of Shakopee may designate certain employees of Minnesota Racetrack, Inc. from time to time to be Reserve Police Officers of the City of Shakopee. As such, they may direct traffic on public roads adjacent to Canterbury Downs. 2. Minnesota Racetrack, Inc. shall hold harmless and indemnify the City of Shakopee and its employees and agents from any cause of action arising out of the activity of directing traffic on public roads by employees of Minnesota Racetrack, Inc. who have been designated as Reserve Police Officers. 3. Either party may terminate this agreement upon Ten ( 10) days prior written notice to the other party. DATED: June 10, 1985 Minnesota Racetrack, Inc. By Bruce D. Malkerson Its Secretary - City �Sh kopeej� By Its U