HomeMy WebLinkAbout04/01/1986 TENTATIVE AGENDA
_ HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE
Shakopee, Minnesota
Regular Session April 1, 1986
Chairman Wampach presiding
1. Roll call at 7 : 00 p.m.
2 . Approval of Minutes of February 4, 1986
3 . Promissory Notes - Fourth and Minnesota Neighborhood
Revitalization Project
4. Other Business
5. Adjourn to April 15, 1986
Jeanne Andre
Executive Director
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
REGULAR SESSTION SHAKOPEE, MINNESOTA FEBRUARY 4, 1986
Chrm. Wampach called the meeting to order at 7:03 p.m. with Cncl. Vierling,
Colligan and Leroux present. Cncl. Lebens was absent. Also present were
John K. Anderson, City Admr. ; Judith S. Cox, City Clerk, Ken Ashfeld, City
Engineer; and Julius A. Coller, II, City Attorney.
Laroux/Vierling moved to approve the minutes of January 7, 1986. Motion
carried unanimously.
Colligan/Vierling moved to authorize appropriate HRA officials to execute
and deliver Satisfaction of Mortgage to Scott T. and Judith R. Gratz for
the property located on Lot 9, Block 2, Macey Second Addition. Motion
carried unanimously.
Colligan/Vierling moved to adjourn. Meeting adjourned at 7:10 p.m.
Carol Schultz
Recording Secretary
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: March 26 , 1986
1 . Attached is the monthly calendar for the month of April.
2 . Attached is a thank you letter from Super 8 Builders , Inc. to
LeRoy Houser.
3 . Attached is a summary of State legislative action and a
Federal tax reform update. This is the clearest summary
of legislative action I have received since the 186 Legislative
Session closed. Note, many of the items discussed affect
projects that Shakopee has an interest in. On page 3 there
is a federal tax reform update. This update seems to indicate
that tax increment projects would still fall under H.R. 3838 .
However, Bob Pulscher from Springsted contacted me on March
26th to indicate that their firm has interpreted the joint
statement regarding the postponement of the affected date
of H.R. 3838 from January 1 to September 1 , 1986 to mean
that between now and September 1 the City can do any tax
increment project it could have done before December 31
of 1985 . Specifically, Bob has said that it is their under-
standing that the new definition of non-essential purpose
bonds has also been postponed until September 1 , 1986 .
Jim O'Meara who handles Shakopee ' s account at O' Conner
Hannan also agrees with Bob' s interpretation.
4 . Attached are the agendas of the April 3 , 1986 meetings
of the Board of Adjustment and Appeals and Planning Commission.
5 . Attached are the minutes of the March 6 , 1986 meetings
of the Board of Adjustment and Appeals and the Planning
Commission.
6 . The City is in good company when it has to take over the
local public access programing. See attached article from
the Minneapolis Star and Tribune dated March 27 , 1986 .
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SUPER 8 BUILDERS, INC.
A SUBSIDIARY OF SUPER 8 MOTELS, INC.
Sk
March 21, 1986 MAR e
CITY OF SHAKO E
Mr . Leroy Hauser
Building Official
City of Shakopee
Shakopee, MN 55379
Dear Leroy:
Just a short note to express our thanks and appreciation as
contractors , and mine personally, for all the help and effort
you expended in the Super 8 Motel project at Shakopee, MN.
We would not be as far along as we are if it were not for your
willingness to be of service and to go that extra mile.
Once again, we thank you very much.
Sincerely,
SUPER 8 BUILDERS, INC .
Rod Eisenbeisz
Project Manager
Shakopee
RE: 11
P. O. BOX 4090 • ABERDEEN, SOUTH DAKOTA 57401 • (605)225-2272 • TELEX 295029
Publ *
ic
• Legislation • Public Finance • Securities • Litigation • Municipal Law
Holmes&Graven,Chartered
Volume I, No. 7 March 21, 1986
SUMMARY OF STATE LEGISLATIVE ACTION. . . . . . . . . . . . 1
FEDERAL TAX REFORM UPDATE . . . . . . . . . . . . . . . 3
SUMMARY OF STATE LEGISLATIVE ACTION
Although the Legislature has not yet resolved the State's budget shortfall, it has
completed action in several areas. The following is a selected summary of legislative
action:
Tax Increment Financing
The House proposal on Tax Increment Financing (TIF) did not survive the Conference
Committee negotiations. (S.F. 1847 Pogemiller; H.F. 2287 Schreiber.) The House had
proposed significant TIF reform and the Senate had no TIF proposal. Senate and House
Conferees did agree to a provision that would require an adjustment to a school district's
school aids if excess tax increments are returned to a school district.
Bond Allocation
The Senate and House resolved the minor differences in their bonding allocation
proposals and the legislation was included in the Conference Committee Report on H.F.
2287. The bill was finally enacted on Tuesday, March 18.
Interest Reduction Program
The Conference Committee on H.F. 2287 agreed to extend the interest reduction
program for two years with the additional restriction that tax increments cannot be used to
fund an interest reduction program for owner-occupied, single-family housing.
Enterprise Zone
The Conference Committee on H.F. 2287 agreed to an additional allocation of
$600,000 for enterprise zone credits.
County HRA Powers
The Conference Commitee on H.F. 2287 agreed to a provision that allows County
Housing and Redevlopment authorities (HRAs) to exercise the powers of Chapter 462C on
their own behalf, or on behalf of cities in the county if the HRA was created by special law.
470 Pillsbury Center 7900 Xerxes Avenue South
Minneapolis, MN 55402 Bloomington, MN 55431
612/338-1177 612/893-9400
Bloomington Mega Mall
The Bloomington Mega :Mall bill was enacted on Saturday, March 15 and is awaiting the
Governor's signature. The bill authorizes the use of the following financing incentives for a
development project on the former Metropolitan Stadium site:
o a 1% sales tax on gross receipts from retail sales made within the project area;
o a 5% lodging tax on motels and hotels located within the City of Bloomington;
o a 5% liquor tax or liquor sold at licensed on-sale liquor establishments located
within the City of Bloomington; and
o a loan arrangement which, in effect, permits Bloomington to
borrow funds from the Metropolitan area fiscal disparities program until the year
2000.
Minneapolis Convention Center
H.F. 1775 (Greenfield), a bill authorizing the City of Minneapolis to construct,
operate, and promote a convention center was enacted on Saturday, March 15.
St. Cloud Convention Center
H.F. 2126 (Gruenes), the St. Cloud convention center bill, was enacted. The law
enables the City of St. Cloud to impose a 1% sales tax on liquor and lodging for
construction, operation and promotion of a convention center facility.
Fiscal Disparities
Representative Schreiber introduced a bill containing several modifications of the
Metropolitan area fiscal disparities program. The bill did not pass out of committee,
however, because its complexity merited more time and discussion than was available in the
short 1986 session.
Recreational and Municipal Tort Reform
The Senate and House Conference Committee on insurance and tort reform legislation
(H.F. 1920: Halberg; S. Olson; S.F. 1539: Luther) agreed to several provisions on municipal
tort liability including the following-
0 Granting limited tort immunity to municipalities for the operation of parks, recreation
areas, and for the provision of recreational services.
o Limiting the liability of the state and municipalities under the doctrine of joint and
several liability. If a public body is less than 35% at fault, it will be jointly and
severally liable for no more than twice the amount of its fault.
o Extending the immunity for snow and ice conditions to public sidewalks that do not
adjoin a publicly-owned building or parking lot.
o Granting immunity from claims based upon the failure of others to meet the standards
necessary for licenses or permits issued by local governments.
2
The intent of the Joint Statement is to clear up the uncertainty in the municipal bond
market for "typical public purpose general obligation bonds." Whether the Joint Statement
will have this effect depends on the confidence of prospective purchasers of municipal bonds
in the Joint Statement's ability to accurately reflect the contents of any final tax reform
bill.
Impact of H.R. 3838 On Traditional Local Government Financing
The tax reform bill adopted by the United States House of Representatives on
December 17, 1985 (H.R. 3838) would have a dramatic impact on traditional general
obligation bond issues as well as less traditional bond issues such as industrial development
bonds, housing bonds, and tax increment bonds. Although the debate and discussion on H.R.
3838 has focused on the '.ess traditional" bonds, H.R. 3838 imposes four major limitations
that also apply to tax-exempt general obligation bonds issued to finance traditional
governmental functions. These limitations are as follows:
o H.R. 3838 would require that many traditional purpose bonds obtain an allocation of
issuing authority in order to retain the Federal tax exemption. If 10% or more of the
proceeds of a bond issue are used by a trade or business, the bond is termed a
"nonessential function bond" and must obtain an allocation of issuing authority. In
addition, if the trade or business portion (that portion under 10%) exceeds $1,000,000,
that portion must obtain allocation of issuing authority even though the bond issue is
not a "nonessential function bond."
o H.R. 3838 imposes arbitrage restrictions on traditional purpose bonds which are similar
to restrictions which, prior to 1986, were imposed only on industrial development
bonds. The restrictions require that all "positive arbitrage" (i.e. earnings on the
investment of the proceeds of the bonds in excess of the interest rate on the bonds) be
rebated to the Federal government as a condition to retaining the tax exemption for
the bonds.
o Under H.R. 3838, a traditional purpose bond will lose its tax exemption unless at least
five percent of the "net proceeds" of a bond issue are expended within 30 days from
the date of issuance of the bonds and all of the "net proceeds" of the bonds are spent
within three years from the date of issuance of the bonds. The term "net proceeds"
means the proceeds of the bonds less costs of issuance and less amounts deposited in a
reserve fund. The expenditure tests were adopted to prevent tax-exempt bonds from
being issued earlier than necessary.
o Under H.R. 3838, the tax-exemption for a bond issue can be lost due to a failure to
continue compliance with its new provisions. Prior to H.R. 3838, issuers and bond
owners could assume that a traditional purpose bond would remain tax-exempt for its
term if it was tax-exempt on the date of issue. Under H.R. 3838, this is no longer true.
The effect of this potential for loss of the tax-exemption has been to increase the
rates on traditional purpose bonds over the rates on comparable bonds issued prior to
1986.
Copyright, Holmes & Graven, Chartered 1986. The Public Issues Update is a periodic service
provided to clients and friends of Holmes & Graven. It is intended to highlight important legal
and policy developments. The Public Issues Update is not comprehensive and should not be relied
on as substitute for the services that are tailore4 to the particular needs of our clients.
o Providing immunity for claims based on the treatment of persons in municipal
hospitals or correction facilities.
o Granting immunity for damages caused by patients or inmates of municipal
institutions.
o Prohibiting municipalities from indemnifying employees for punitive damages awarded
against those employees.
o Providing that municipalities are employees of the state and as such may be
indemnified by the state for state-mandated inspections, except in cases where the
municipality is clearly negligent.
o Granting immunity for claims based upon the denial of public assistance or welfare
unless compensation is required by federal law.
Metropolitan Governance
H.F. 1860 (Forsythe, Diessner), a bill which modifies the structure of the Metropolitan
Council and its member agencies, was enacted on Tuesday, March 18. The law provides for
creation of a nominating committee to recommend names of candidates for appointment to
the Council, with public hearings and consultations with local governments. The bill also
provides a similar procedure for appointments to the other Metropolitan Agencies (Regional
Transit Board, Metropolitan Waste Control Commission, for example) and sets Council long-
range plan requirements for those agencies.
Economic Development Authorities
An enabling bill was passed which authorizes cities to create economic development
authorities and to exercise economic development and housing and redevelopment powers.
Generally, an economic development authority will have all the powers of a port authority
as well as most other development powers now available by statute.
FEDERAL TAA REFORM UPDATE
Announcement On H.R. 3838 Effective Date
On Friday, March 14, 1986, a Joint Statement concerning the effective dates for
certain tax-exempt bond provisions of H.R. 3838 was released by House Ways & Means
Committee Chair Dan Rostenkowski; Senate Finance Committee Chair, Bob Packwood;
Treasury Secretary, James A. Baker; the ranking minority member of House Ways & Means
Committee, John J. Duncan, and by the ranking minority member of the Senante Finance
Committee, Russell Long.
The Joint Statement endorses a postponement of the effective dates in any tax reform
act to the earlier of September 1, 1986, or the date of enactment of a tax reform act.
However, the proposed postponement would apply only to "typical" general obligation bonds.
All "nongovernmental" bonds (such as industrial development bonds, tax increment bonds,
mortgage subsidy bonds, student loan bonds, etc.) would still be subject to the January 1,
1986 effective date in H.R.3838. In addition, some special assessment bonds may continue
to be subject to the retroactive effective date.
3
TENTATIVE AGENDA
BOARD OF ADJUSTMENT AND APPEALS
Regular Session Shakopee, Minnesota April 3 , 1986
Chairman Czaja Presiding:
1. Roll Call at 7 : 30 p.m.
2 . Approval of Agenda
3 . Approval of March 6 , 1986 Minutes
4 . Other Business
5 . Adjournment
Judi Simac
City Planner
CITY OF SHAKOPEE
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, Minnesota April 3 , 1986
Chairman Czaja Presiding:
1. Roll Call at 7 : 30 p.m.
2 . Approval of Agenda
3 . Approval of March 6 , 1986 Minutes
4 . 7 : 45 P.M. PUBLIC HEARING: To consider an amendment
to the Planned Unit Development of Shakopee Valley Square
1st Addition, a replat of Halo 2nd Addition and a 28 ac. parcel
lying North.
Applicant: Wally Bakken
Action: Recommendation to City Council
5 . 8 : 00 P.M. PUBLIC HEARING: To consider a Conditional
Use Permit to conduct a home occupation which consists
of metal fabrication and engine repair within an existing
accessory building upon the property located at 3693 Marschall
Road.
Applicant: Roger Bauer
Action: Conditional Use Permit Resolution No. 447
6 . 8 : 15 P.M. PUBLIC HEARING: To consider a Conditional
Use Permit for an underground diesel tank and outdoor storage
upon the property located South of 13th Avenue and West
of CR 89 .
Applicant: Edgewood Construction
Action: Conditional Use Permit Resolution No. 448
7 . 8: 30 P.M. PUBLIC HEARING: To consider a Conditional
Use Permit to allow bulk storage in underground petroleum
storage tanks for agricultural accessory use upon the property
located at 3374 S. Marschall Road.
Applicant: Robert Novotny
Action: Conditional Use Permit Resolution No. 449
8 . Discussion: Racetrack District band Use Study
9 . Discussion: Capital Improvement Program
Action: Recommendation to City Council
10 . Informational: a. Letter from Green, Merrigan, Johnson
& Quayle, P.A.
b.
11. Adjournment
Judi Simac
City Planner
CITY OF SHAKOPEE
PROCEEDINGS TO THE
BOARD OF ADJUSTMENTS AND APPEALS
REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 6 , 1986
Chairman Czaja called the meeting to order at 7 : 35 p.m. with
Commissioners Lane, Pomerenke, VanMaldeghem and Schmitt present.
Commissioner Rockne arrived at 7 : 50 p.m. Also present were
Judi Simac, City Planner and John Anderson, City Administrator.
Schmitt/VanMaldeghem moved to approve the agenda as printed.
Motion carried unanimously.
Lane/Pomerenke moved to approve the minutes of February 13 ,
1986 . Motion carried unanimously with Jane VanMaldeghem abstaining
due to absence.
PUBLIC HEARING - VARIANCE RESOLUTION #445 REQUEST BY SUPERAMERICA
INC.
Schmitt/Pomerenke moved to open public hearing to consider an
application for a variance to increase allowable signage on
canopy for new convenience store at 1155 East 1st Ave. Shakopee.
The City Planner gave a review of the proposed variance by Super
America for their newly renovated store. Super America is requesting
signage of a total of 1, 094. 25 sq. feet. According to the sign
regulations they are allowed 393 sq. ft.
Bud Kaupp, the applicant of 1240 W. 98th St. , Bloomington, MN. in-
troduced Mike Holt, Architect Engineer and Designer for Super
America also of 1240 W. 98th St. , Bloomington, MN. Mike Holt
showed some exhibits on canopy panels from other Super America
Stores . He stated that by putting light on canopy corners would
eliminate any trucks exceeding the height limit hitting the
tops and also by talking to the Minneapolis Police Department
he said the more lighting there is the less chance of crimes
being commited. He stated there would be no problem in lowering
the height of the pylon sign down to 20 ft. but that he definately
wants to illuminate the corners of the canopy.
VanMaldeghem/Lane moved to close the public hearing. Motion
carried unanimously.
Land/Schmitt moved to deny Variance Resolution No. 445 for the
reasons that no hardship has been demonstrated and that to grant
such variance would violate the intent and spirit of the sign
ordinance. Motion carried with Comm. Rockne abstaining.
Comm. Schmitt stated that the intent of the sign ordinance is
that the light source be facing downward. Once you put light
behind those panels you start creating something that was not
the intent of the sign ordinance.
BOARD OF ADJUSTMENTS AND APPEALS
MARCH 6 , 1986
Page -2-
PUBLIC HEARING - H.D. BOHLEN, INC. REAR YARD SETBACK VARIANCE
#446
Rockne/VanMaldeghem moved to open the public hearing. Motion
carried unanimously.
The City Planner explained that the applicant is requesting
a 60-ft. rear yard setback variance in order to construct a
26,256 square foot strip shopping center. Discussion ensued
on the parking problems that may be incurred and if there will
be any consideration for putting in a deceleration lane off
of 17 . Comm. Lane asked if this shopping center would be lining
up with Suite Quarters . The City Planner replied that Suite
Quarters will be meeting the 50 ft. setback requirement because
most of their parking is going to be in the rear.
Harold Bohlen, 13380 Hickory, Prior Lake addressed the Commission
on the item of parking. He stated that in order to service
the shopping center the delivery trucks will go to the rear
of the building. If the 60 ft. were taken out and reduced to
just a single entrance the trucks and the parking would be mingling
together.
VanMaldeghem/Pomerenke moved to close public hearing. Motion
carried unanimously.
Pomerenke/VanMaldeghem moved to approve Variance Resolution
No. 446 and move for its adoption subject to the following condition:
1. The hold harmless agreement shall be recorded prior
to issuance of a building permit.
Motion carried with Comm. Lane and Schmitt opposed.
Schmitt/VanMaldeghem moved that Planning Commission go on record
as recommending to City Council that the City petition for a
30 mph speed limit on CR 17 from 1st Ave. to 10th Ave. and such
speed limit be enforced. Motion carried unanimously.
Comm. Schmitt also asked the members of the Planning Commission
to remember that when you are dealing with a variance the applicant
has to show cause as to why such should be granted and that
a hardship exists and that it is up to the applicant to prove
his case.
There was no other business.
VanMaldeghem/Schmitt moved to adjourn meeting at 8: 40 p.m.
Motion carried unanimously.
Judi Simac Carol Schultz
City Planner Recording Secretary
PROCEEDINGS OF THE PLANNING COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 6 , 1986
Chairman Czaja called the meeting to order at 8 : 40 p.m. with
Commissioners Lane, Pomerenke , Schmitt, VanMaldeghem and Rockne
present. Also present were Judi Simac , City Planner and John
Anderson, City Administrator.
VanMaldeghem/Pomerenke moved to approve the agenda with the
addition of item 10c in regard to the auto storage and also
some discussion in regard to spot zoning. Motion carried unani-
mously.
Schmitt/Lane moved to approve the minutes of February 13 , 1986
with one correction in regard to Lee Stoltzman' s letter of resig-
nation, it was stated in the minutes that Chairman Czaja had
received his letter of resignation. He did not receive it although
it is on file. Motion carried with VanMaldeghem abstaining
due to absence.
PUBLIC HEARING - CONDITIONAL USE PERMIT RESOLUTION AMENDMENT
NO. 440 - CHERNE CONTRACTING CO.
VanMaldeghem/Pomerenke moved to open public hearing. Motion
carried unanimously.
The City Planner gave a review of what the applicant is proposing
and what the process involves. Dave Johnson addressed the Commission
last month at their meeting requesting an amendment to Conditional
Use Permit Resolution No. 440 to allow the assembly of fabricated
metal products on his property located on Lot 1, Block 1, Superior
Supply lst Addn. The Company has now decided not to construct
the building for permanent fabrication, they are now requesting
temporary accessory non-permanent use for fabricating.
Dave Johnson, Cherne Contracting Co. , Eden Prairie, addressed
the Commission and showed some pictures of what is involved
with the fabricating. As far as the noise level there will
be nothing more than a hiss sound to be heard. Comm. Lane asked
what type of equipment they needed to move the pipe around to
which Dave Johnson replied it would require a 2-ton crane, which
they normally have in the yard.
Schmitt/VanMaldeghem moved to close public hearing. Motion
carried unanimously.
Schmitt/Lane moved to approve an amendment to Conditional Use
Permit Resolution No. 440 , which includes the temporary, accessory,
non-permanent use of fabrication of metal products , subject
to the conditions:
SHAKOPEE PLANNING COMMISSION
MARCH 6 , 1986
Page -2-
1. Equipment in the storage area shall not exceed the
45 foot height limitation of the I-1 District, without
Planning Commission approval.
2 . The applicant shall submit a 8 1/2 x 11 inch building
plan which indicates the electric and gas shutoff ,
prior to issuance of Certificate of Occupancy.
3 . A fire land must be constructed around the entire
building in accordance with the Fire Code.
4. The Building Official must approve the type and location
of the underground fuel tanks.
5 . Prior to issuance of a Building Permit, a landscape
plan must be submitted for approval. The plan shall
indicate:
a) screening of outdoor refuse area
b) one major deciduous tree planted every fifty
feet along CR 89 .
c) additional screening of fenced storage area
northwest of the building.
6 . The Conditional Use Permit for exterior storage is
limited to equipment and materials associated with
normal business conducted by the applicant.
7. The temporary period shall be defined as a period
not to exceed six months.
Motion carried with VanMaldeghem abstaining.
Schmitt/Lane moved to take a 10-minute recess. Motion carried
unanimously.
PUBLIC HEARING - CONSIDER APPLICATION FOR PRELIMINARY AND FINAL
PLAT APPROVAL OF MAPLEWOOD TOWNHOMES ADDITION WHICH LIES EAST
OF CR 17 AND NORTH OF 10TH AVENUE.
Schmitt/VanMaldeghem moved to open public hearing. Motion carried
unanimously.
The City Planner gave a review of what the applicant is requesting
and that the issues are the plat, location of the buildings,
any easements and dedications, and provisions of the homeowners
association covenants. The park dedication was paid when the
buildings were constructed.
SHAKOPEE PLANNING COMMISSION
MARCH 6 , 1986
Page -3-
Clete Link, 12831 Link Drive, Shakopee, addressed the Commission
on why SPUC has a 35-ft. utility easement. There are some utility
lines buried there he believes. There is one main water-sewer
line coming in then off of that branch individually to each
unit.
Schmitt/Rockne moved to close the public hearing. Motion carried
unanimously.
Schmitt/Rochne moved to approve preliminary plat of Maplewood
Townhouses lst Addition subject to the following conditions:
1. Title Opinion by the City Attorney.
2 . Name of the plat be revised to Maplewood Townhouses lst
Addn.
3 . All dedicated easements and amendments as negotiated with
SPUC be shown on the plat.
4 . Approval of the Homeowner ' s Association covenants by the
City Attorney.
Motion carried unanimously.
Discussion followed on blanket utility easements.
DISCUSSION - FINAL PLAT OF GARDENVILLA 1ST ADDITION - WEST OF
CR 17 AND SOUTH OF SHAKOPEE EAST APARTMENTS
Discussion ensued on Final Plat of GardenVilla lst Addition.
The City Planner reviewed the background of GardenVilla lst
Addition. The City Council did approve the preliminary plat
of GardenVilla lst Addn. at their February 25 , meeting. Comm.
Pomerenke asked if legal opinion could be sought in this matter
of outlots.
' Schmitt/VanMaldeghem moved to recommend to the City Council
final plat approval of GardenVilla lst Addition subject to the
following conditions:
1. Approval of a Title Opinion by the City Attorney.
2 . Recording of the Declaration of Covenants , Conditions and
Restrictions, the By-Laws and the Articles of Incorporation.
3 . Payment of $4 , 113 . 65 Park Dedication fee prior to filing
of the plat.
SHAKOPEE PLANNING COMMISSION
MARCH 6 , 1986
Page -4-
4 . Recordable Agreement dedicating Outlots D, E, M and N
as an open and common space.
5 . Separate Agreement accompanied by a Letter of Credit which
guarantees the reconstructed driveway access onto CSAH
17 . Such agreement shall be received prior to final signature
by the City.
6 . Outlots G, H, I , J, K and L be redesignated to be jointly
recorded with Lots 1-6 as combined property units.
7. Outlots F, B, and A be combined into one Outlot A.
Motion carried unanimously.
DISCUSSION - CONDITIONAL USE PERMIT FOR BACKSTRETCH R.V. PARK
AND CAMPGROUND -EAST OF CR 89 AND N OF 13TH AVENUE
The City Planner gave a summary of the comments received on
the Environmental Assessment Worksheet (EAW) on Conditional
Use Permit for the Backstretch R.V. and Campground.
Lane/VanMaldeghem motioned to accept the comments received from
various agencies regarding the EAW for the Backstretch R.V. Park
and Campground and direct staff to continue the monitoring of
this project. Motion carried unanimously.
Discussion ensued on the intensity of uses on CSAH 17 and 16.
The majority of uses surrounding this area is R-4. The development
occurring along 17 and 16 is categorized as Community Business
in the zoning ordinance. Chairman Czaja recommended to table
this item and see if there is something from the Racetrack study
that might be able to guide us further, and at the same time
to discuss the issue of dispersion in the race track study area.
The City Planner, gave a review of the Land Use Plan surrounding
CSAH 17 and the proposed By-Pass area. She explained that the
° Cit Council
City approved a motion to prepare an Ordinance which
will amend the zoning map by changing the zoning of the Ackerberg
property, East of CR 17 and South of Ken Theis ' property, from
B-1 to R-4. Discussion followed on the City Council' s reasons
for rezoning. The Council also directed the Planning Commission
to conduct a study of the zoning and land use in the area of
CSAH 17 and the by-pass and provide a recommendation back to
the City Council.
i
SHAKOPEE PLANNING COMMISSION
MARCH 6, 1986
Page -5-
Schmitt/Lane moved that the Planning Commission notify the City
Council that they wish to enter into a discussion with them
after the public hearing on March 20th for the purpose of discussing
the rezoning on County Road 17 and its implications on other
proposed rezonings. Motion carried unanimously.
The City Administrator suggested that the motion be put in a
letter with the Planning Commission Chairman' s signature to
be attached to the Council agenda for the March 20th meeting.
Discussion ensued on Conditional Use Permit Staff Review (Shenandoah
Ballroom) on Prahm-Coll C.U.P. annual review. Prahm-Coll has
requested that the annual review be discontinued. Consensus
was to continue annual review.
Schmitt/Pomerenke moved to acept the staff review of amended
Conditional Use Permit No. CC-358, and move for its adoption.
Motion carried unanimously.
Schmitt/Pomerenke moved to have the staff place a note on file
that prior to the next review of CC-358 that the staff check
with the local police department to determine if any calls have
been received on that property. Motion carried unanimously.
The City Planner reminded the Planning Commission to keep March
20th open for the joint public hearing with the City Council
on the land use plan, for the Racetrack Land Use Study.
The City Planner gave a review of what Jerry Aman of the Minneapolis
Northstar Auto Auction has submitted. He has submitted a site
plan to use an extra 4 1/2 acres to the south to store cars
on that property. In a B-1 zone there is no provision for open
storage although there are open sales lots permitted with a
conditional use permit.
Pomerenke/Rockne moved to determine that car storage is a permitted
use in the B-1 District as part of auto sales , services and
repairs. Motion defeated with Schmitt, VanMaldeghem and Lane
opposed.
Schmitt/Lane moved that the staff be directed to identify with
the applicant in planned usage of the proposed property. If
that usage is storage, then it is not a permitted use. If it
is to serve as a supply yard for the auto auction there would
be need for a conditional use permit and the applicant be so
advised. Motion carried with Pomerenke and Rockne opposed.
SHAKOPEE PLANNING COMMISSION
MARCH 6 , 1986
Page -6-
There was no other business.
VanMaldeghem/Rockne moved to adjourn at 11: 20 p.m. Motion carried
unanimously.
Judi Simac Carol Schultz
City Planner Recording Secretary
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE , MINNESOTA APRIL 1 , 1986
Mayor Reinke presiding
1] Roll Call at 7 : 00 P.M.
2] Liaison Reports from Councilmembers
31 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
41 Approval of Consent Business (All items listed with an asterick are
considered to be routine by the City Council and will be enacted
by one motion. There will be no separate discussion of these items
unless a Councilmember so requests, in which event the item will
be removed from the consent agenda and considered in its normal
sequence on the agenda. )
5] Communications:
' a] Mn. Depart of Health re: proposed site for Well #7
b] Assn. of Metro Municipalities re : annual meeting information
c] and legislative update
6] Public Hearings: None
7] Boards and Commissions:
Cable Communications:
a] Public Access Studio Staffing Plan
b] Cable Franchise Amendment (bring item 4 from 3/20 agenda)
Planning Commission:
c] Appeal of Board of Adjustment & Appeals Decision Regarding
SuperAmerica Sign Variance Request - tabled 3/25, bring item 7c
8] Reports from Staff:
a] Appointments to Boards and Commissions - bring item 8e from 3/25
b] Shakopee Urban Service Area Negotiations with Met . Council
f c] TH 101 Improvements at Raceway Park
*d] Horizon Heights Street Lighting
e] Renovation of Merchants Hotel
f] Proposed Scott County Ord. No. 9, Regulating Surface Water Use
g] TIF vs Taxes Comparison (bring earlier memos) - tabled 3/25
h] Shakopee Valley Square Tax Increment - tabled 3/25, bring 8g
i] Ernst & Whinney Costing and Staffing Study - bring study
j ] City Administrator' s Staffing Recommendation
k] Community Development Director Vacancy
11 City Hall Office Relocation
m] Council Chambers Sound System - tabled 3/25, bring item 8a
n] 1986-91 Capital Improvement Program - tabled 3/25, bring item 8o
TENTATIVE AGENDA
April 1 , 1986
Page -2-
9] Resolutions and Ordinances :
a] Res . No. 2538, A Resolution of Appreciation to Jeanne Andre
b] Res. No. 2539 , A Resolution of Appreciation to Leroy Heitz
101 Other Business :
a]. Hiring Appraiser for Shenandoah Dr. Improvement Appeal & Valley
Park Drive Condemnation - memo coming
b] NSP Utility Pole Removal Lawsuit
c] c'.oxf- - seexec nC �
111 Adjourn to Tuesday, April 8 , 1986 at 7 :00 P .M.
John K. Anderson
City Administrator
Hauser also said in documents filed
Cable owners with local officials that it is likely
that basic monthly subscriber
charges will be raised at the end of
1986.
want cities to .The end of the road has come
..The current situation is not eco-
nomically viable,' said James C.
Erickson., an attorney representing
MS Hauser.
for progra Though some local officials reserved
pa comment on the proposal pending
review of firm's financial data,
By Paul Gustafson Group W franchises Chairman Steve Schmidt of the
Staff Writer North Suburban Cable Commission
being sold expressed strong reservations about
The new owner of six Twin Cities it.
cable TV franchises plans to shift Anoka co. Igo Go
most of the costs of local and public �}- - "I'm not shocked (by theproposal)
access programs to the cities served, 2 because I expected it. However
according to documents sent this ...I've indicated to my city this °`..
week to the local regulatory commis- 3 St.Croix proposal substantially limits (its) op-
sions. Mssssippi River portunity to share in any true public
River1 4 benefits from cable TV," Schmidt - ..
Hauser Communications, Inc.,said it Co eer 5 said.
will ask the 38 cities served by wastinecon
Group W systems to assume most c°. Cities may try to negotiate with
local and public access program Co 1eP" MOS. St.P ul i Hauser by holding out the threat of
costs once the cities approve the buying one or more of the Group W _
sale,according to documents. Mississippi systems themselves under franchise
- Dakota River
Group W's systems, which serve 6 Co provisions giving them the right of
51,000 customers, are located in o°" c«mry purchase. _ . _...
Burnsville-Eagan, Columbia Heights-
Hilltop,
eights Hilltop, the Anoka area, north-cen Some local officials, Schmidt includ-
tral Anoka County, northern Ramsey I/Columbia Heights-Hilltop— ed, say that a discounted sale price,
County and eastern Ramsey and 3,000 subscribers. lowered interest rates and prospects
Washington counties. for increased subscribers and reve-
2/Quad Cities(Anoka, nues might make investments in the
Under its proposal, Hauser would Andover,Champlin, Ramsey) Group W systems as attractive to
donate production equipment to the —3,750 subscribers. cities as they are to Hauser.
cities and contribute 45 cents a 3/North Central Anoka -
month per customer for local pro- County(Blaine,Centerville, They note that Hauser disclosed in
gram operations. Circle Pines,Coon Rapids, the documents filed this week that it
Ham Lake, Lexington, Lino will pay about $56.6 million for the -
Group W, which has lost money op- Lakes,Spring Lake Park)— six systems, which Group W said
erating the six Twin Cities systems, 8,750 subscribers. were built for$90 million.
has been paying $4.39 a month per -
customer for local program costs, 4/Northern Ramsey County Erickson predicted that local offi-
Hauser said. (Arden Hills, Falcon Heights, cials will look at Group W's operat-
Lauderdale, Little Canada, ing losses for the six cable systems
To help offset company cuts, Hauser Mounds View,New Brighton, and conclude that city ownership
said it will propose that cities allo- North Oaks,Roseville,St. would be a risky investment. "I think
cate their franchise fees—5 percent Anthony, Shoreview)— it's a nonissue. No way, in my opin-
of gross cable system revenues— to 13,000 subscribers. ion, will any city want to run their
local programs. 5/Ramsey-Washington own cable system;"he said.
In northern Ramsey County, accep- County(Birchwood,Dellwood, Erickson said Hauser hopes to re-
tance of the proposal would cut local Grant Township, Lake Elmo, ceive local officials' approval of the
program support in 1987 from Mahtomedi,Maplewood, North cable system sales by the end of
$483,349 to $347,012, of which St. Paul, Oakdale,Vadnais June.
Hauser would pay $90,748,according Heights,White Bear Lake,
to company estimates. White Bear Lake township,
Willernie)— 13,000
The company negotiated a similar subscribers.
cutback in local program costs when 6/Burnsville-Eagan —9,500
it bought the northwest Hennepin subscribers.
County cable system from Storer Ca-
ble in 1985.
Star and Tribune graphic
TENTATIVE AGENDA
_ HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE
Shakopee, Minnesota
Regular Session April 1, 1986
Chairman Wampach presiding
1. Roll call at 7 : 00 p.m.
2 . Approval of Minutes of February 4 , 1986
3 . Promissory Notes - Fourth and Minnesota Neighborhood
Revitalization Project
4. Other Business
5 . Adjourn to April 15 , 1986
Jeanne Andre
Executive Director
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
REGULAR SESSTION SHAKOPEE, MINNESOTA FEBRUARY 4, 1986
Chrm. Wampach called the meeting to order at 7:03 p.m. with Cncl. Vierling,
Colligan and Leroux present. Cncl. Lebens was absent. Also present were
John K. Anderson, City Admr. ; Judith S. Cox, City Clerk, Ken Ashfeld, City
Engineer; and Julius A. Coller, II, City Attorney.
Laroux/Vierling moved to approve the minutes of January 7, 1986. Motion
carried unanimously.
Colligan/Vierling moved to authorize appropriate HRA officials to execute
and deliver Satisfaction of Mortgage to Scott T. and Judith R. Gratz for
the property located on Lot 9, Block 2, Macey Second Addition. Motion
carried unanimously.
Colligan/Vierling moved to adjourn. Meeting adjourned at 7:10 p.m.
Carol Schultz
Recording Secretary
# 3
TO, Shakopee Housing and Redevelopment Authority (HRA)
FROM: Jeanne Andre, Executive Director
RE: Promissory Notes
Fourth and Minnesota Neighborhood Revitalization Project
DATE: March 18 , 1986
Introduction:
The Shakopee HRA secured promissory notes on all properties
it sold as part of the Fourth and Minnesota Neighborhood Revitali-
zation Project. These notes are to be released when the property
owners have resided on the property for five years or more.
Attached is a listing of all properties and the status of the
promissory notes. Not all are eligible to be released, but
a number of requests have been made for the release due to an
upcoming sale , or refinancing of the first mortgage. The HRA
has previously requested that these actions be grouped to minimize
the need for HRA action. This memo is to update the HRA on
actions related to these notes which are appropriate at this
time.
Background:
A. The following properties have not requested release of
the notes but do qualify, due to the fact that the property
owners have resided on the property for more than five years .
1. Gary & Delores Wendorff , L2, B2 , Macey 2nd Addn.
2 . Jay & Julie Hauer, L3 , B2 , Macey 2nd Addn.
3 . Roxanne Gallagher (Frenstead) , L4 , B2, Macey 2nd Addn.
4 . Jay & Penny Skare , L5 , B2 , Macey 2nd Addn.
5 . John & Cynthia Bollig, L6 , B2 , Macey 2nd Addn.
6 . Renee (Maureen) Erath, L7 , B2, Macey 2nd Addn.
7 . Eldon & Myriel Barnard, L8 , B2 , Macey 2nd Addn.
B. Requests have been received from some property owners to
subordinate the HRA note to a new mortgage the property owners
are now negotiating. Many of the original mortgages carried
interest rates in the neighborhood of 150, so the property owners
can get off of the 235 subsidy by refinancing at a rate around
100. The City Attorney has previously recommended that the
HRA could subordinate its lien to a new mortgage and this has
been done in one previous case. Those property owners requesting
subordination are:
1. Xuan Nguyen and Mai Pham, Lot 1, Block 1, Macey 2nd Addn.
2 . Mark and Jeanne Foudray, Lot 4 , Block 3 , Macey 2nd Addn.
Neither of these property owners qualifies for a release of
the note at this time.
C. One additional property owner now has plans to sell their
home before the five year residence period is up, which calls
for partial payment on this lot at the time of closing before
the note is released. Based on the precedent of one previous
case the repayment would be calculated as follows :
$7 , 500 lot value - 5 years = $1, 500 per year
Residency of 4 years, 10 months is rounded down to 4 years,
providing for $1, 500 repayment, with interest of 80 or
$120 per year for four years ( $480 ) for a total repayment
of $1, 980 .
D. One property owner, Jane Wostrel (VanMaldeghem) has requested
a release of the promissory note but has not meet all terms
of the note, and I believe HRA review of this case is appropriate
prior to acting on this request. This property owner resided
on the property for one year eight months , after which time
she continued to own the property, leasing to tenants who resided
there. The promissory note states that, "such principal sum
shall be reduced automatically by 20a of the initial amount
at the end of each year of such residency, as a Homeowner, and
However I was under the impression, and I 'm sure the property
owner had a similar belief , that the amount of the note would
be reduced for each year of ownership, not necessarily requiring
residence. It was a few years later, when the first request
for release of a note was received that I became aware of the
actual terms of the note. However I never transmitted this
information to the property owner until a request was recently
made to release the note on this property. There may be other
similar cases where the owner no longer resides on the property,
but I am not aware of any. Knowledge regarding the owner ' s
residency came to me in this ease because I am personally acquainted
with her and because of complaints from a neighbor when he became
aware that the owner would be leasing the residence. The HRA
now has the option of requiring repayment based on occupancy
( $5 , 920 + interest) , requiring repayment based on ownership
(no repayment - owned more than five years ) , or some other terms
negotiated by the HRA. In addition, if repayment is required,
it must be determined if interest would be for only the first
year of occupancy ( $473 . 60 ) or for the five years that the amount
has been owed ( $2 , 368 ) . This latter option payments for a time
when the owner probably did not realize interest would be charged.
I have recommended that the owner attend the HRA meeting to
make her case.
Actions Requested:
Authorize appropriate HRA officials to:
A. Release Promissory Notes with no repayment for:
Gary & Delores Wendorff Jay & Julie Hauer
Roxanne Gallager (Frenstead) Jay & Penny Skare
John & Cynthia Bollig Renee (Maureen) Grath
Eldon & Myriel Barnard
B. Agree to subjugate HRA Promisory Note to new first mortgage
for:
Xuan Nguyen and Mai Pham Mark and Jeanne Foudray
C. Release Promissory note upon receipt of $1, 980 from Thomas
and Susan Johnson, for Lot 3 Block 3 , Macey Second Addition.
D. Determine terms for release of promissory note for: Jane
Wostrel (VanMaldgehem) for Lot 10 , Blk 2, Macey 2nd Addn.
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717 s.e.delaware st. p.c.box 9441 minneapolis 55440
o (612)623-5000 ; r
March 19, 1986
City Council
c/o Ms. Judith Cox, Clerk
129 East First Avenue
Shakopee, Minnesota 55379
Dear Council Members:
On Monday, March 17, 1986, a field investigation of the proposed site
for Well #7 for your community was conducted by myself with the assistance
of Mr. Kenneth Adolph of your consulting engineers. The site is located
on city-owned property in the extreme southwest corner of the northwest
quarter of Section 9, Township 115 North, Range 22 West. The site appears
to be satisfactory from a sanitary viewpoint and is approved provided
all aspects of the Minnesota Water Well Construction Code concerning
location of wells (Minn. Rules p. 4725.1900-p. 4725.2200) are adhered
to.
If you have anv questions concerning this matter, please contact me
at 612/623-5327.
Sincerely yours,
Bassam H. Banat
Public Health Engineer
Section of Water Supply
and Engineering
BHB lr
an equal opportunity employer
. sb
B U L
a sodafion Of
i'i eiroiDsliiC!n
munidpaiities
March 21 , 1986
TO : AMM Member Cities
FROM: 5Echeibel, President
RE : ANNUAL MEETING INFORMATION AND LEGISLATIVE UPDATE
WANTED: NOMINATIONS FOR BOARD OF DIRECTORS :
A Nominating Committee was appointed by the Board of Directors
at the March 6th. Board Meeting . Members of the Nominating
Committee are: Chairperson, Ron Backes, St. Louis Park
Councilmember; Mary Anderson, Golden Valley Mayor ; Robert
Benke , New Brighton Mayor; Susan Green, Coon Rapids
Councilmember; Mark Lenz, Mahtomedi Administrator ; Diane
Lynch, St . Paul Governmental Liaison; Mark McNeill, Savage
Administrator and Bill Saed , Inver Grove Heights Mayor. The
offices of President , Vice-President and eight directors are up
n`
for election.
The Board is especially encouraging nominations of women city
officials to provide a better balance on the Board . Due to
the two-term limitation, there will be several new board
members to be _- elected so please send in your
recommendations/nominations. Written nominations, including a
brief resume , should be forwarded to the AMM Office to the
attention of Vern Peterson by no later than Tuesday , April 10 ,
_1966 -
2.
9602. AMM ANNUAL MEETING; WEDNESDAY, MAY 21 , 1986
The AMM Annual Meeting has been set for Wednesday evening May
21 , 1986 . We look for this to be a very unique and different
Annual Meeting. Our tentative plans are to hold the Annual
Dinner Meeting on the Jonathan Paddleford River Boat while
cruising on the Mississippi River . A meeting notice with the
specific details of this exciting evening will be mailed in
early May but please reserve this dare now since this is one
meeting you will not want to miss !
-1 -
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
3 . LOCAL GOVERNMENT FUNDING IN JEOPARDY :
The unpassed but agreed to budget balancing tax bill fHF 1815 )
or some form of legislation similar to it is an obsolute must
for cities this year .
Of upmost importance is the provision extending local
government aids to 1987 . Current law sunsets LGA in 1986
leaving cities without nearly $300 million dollars of aid for
budget year 1987 . The bill provided a 4% increase in
appropriation with a 5 . 8% maximum formula increase but the
Governor has no authority to extend this program without
Legislation, thus there would be LGA for 1987 .
This Tax bill contains a number of budget balancing provisions.
Key to cities, however , is that it does not contain
reductions in 1986 LGA or Homestead Credit payments. If the
Governor is forced to unallot to balance the budget, he will
most certainly have to reduce significantly the LGA and
Homestead Credit payments to local government.
The Tax bill contains a provision which shift $58 million
dollars of school aid into the next biennium. It also provides
a reverse of the Motor Vehicle Excise Tax transfer of $ 106
million from the Highway Fund to the General Fund . Another
section contains Revenue Department authorization to develop
tax compliance and some sales tax acceleration which nets
another $32 million revenue. The Governor does not have the
authority to raise any of this approximately $ 196 million.
Another provision of the Tax bill repeals an automatic income
tax increase of $75 million. Thus the governor would have to
find approximately - $ 121 million from this bill alone , most
probably through LGA and Homestead Credit.
The other budget balancing bill the appropriations bill which
has not been completed yet contains provisions including
reducing various welfare payments that cannot be done by the
Governor , thereby creating additional deficits. It can
probably be assumed that if neither of these bills pass and the
Governor balances the budget by making the cuts he can which
are included in the bills, art additional $200 million or so
will have to be found . Unfortunately about the only place left
is aid to local governments and homestead credit payments to
local governments.
We would urge you to contact your Representatives, Senators
and the Governor ' sOffice and request that a Special Session
be called as soon, as possible to com
two bills AieLe action on these
-2-
r
METRO GOVERNANCE REORGANIZATION BILL AWAITING GOVERNORS
SIGNATURE :
The Metro Governance Reorganization Bill (HF 1860 ) as described
in the February 27th. AMM Bulletin, was one of the last bills
to be passed during the 1986 Regular Session of the
Legislature and is now awaiting the Governor' s signature.
This bill began life as HF 1991 - SF 1913 but was included in
HF 1860 during a conference committee to help assure its
passage this session. The bill has many important features
which the AMM was successful in getting incorporated into the
bill but perhaps the most important are the changes in the
process for appointing Metropolitan Council Members. The new
appointments process requires that:
-Local governments be notified of vacancies in writing.
-The Governor appoint a 7-member Nominating Committee of which
r 3 members must be local elected officials to prepare a list of
nominees for each vacancy. Before submitting nominees to the
Governor, meetings must be conducted in or near the
district with the vacancy to allow for local official and
public input.
-A balance or diversity in membership on the Council is
required and appointees to the Council must be knowledgeable
about urban and metropolitan affairs.
A full description of the other provisions of HF 1860 will be
provided in the AMM' s Annual Legislative Summary to be prepared
in the near future.
DISTRIBUTION NOTE :
The bulletin was mailed to Mayors, Managers/Administrators,
and Designated Delegates.
a
-3-
7�
s TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Aide
RE: Public Access Studio Staffing Plan
DATE: March 26 , 1986
Introduction
As a prior condition of any action on the proposed cable franchise
amendments , the City Council has requested staff to develop
a public access studio staffing plan. In response to our request
for proposals, staff has received studio staffing proposals
from two private vendors. On March 25 , 1986 the Cable Communications
Advisory Commission reviewed the two proposals and interviewed
each of the prospective vendors. On behalf of the Cable Communi-
cations Advisory Commission, staff is prepared to make a recommen-
dation to City Council.
Background
On February 25, 1986 , Council authorized staff to proceed in
obtaining requests for proposals for staffing the Shakopee public
access studio. The submission deadline for proposals was March
18 , 1986 . Proposals were submitted by Mr. Ed Dressen and New
Frontier Productions Inc. (Mr. Bill Lepley and Mr. Michael Schmitt) .
Additionally, the Shakopee Public Schools have indicated an
interest in running the studio should any of the proposals submitted
be unacceptable to the City. A letter from Mr. Ron Ward, indicating
the school ' s interest is shown in attachment No. 1 .
The proposal submitted by Mr. Dressen focused on an organizational
approach, in which prospective access users would become members
of a larger public access organization. Within the organization,
production teams would be organized based on the interest of
the members. Under Mr. Dressen' s plan, the studio would be
open to the public Monday through Friday 3 : 00 p.m. to 8 : 30 p.m. and
on Saturday from 10 : 00 a.m. to 3 : 00 p.m. Additional studio
hours would be made available from public access users with
a 24 hour advance notice. The Cable Communications Advisory
f Commission was impressed with Mr. Dressen' s strong promotion
pian, workshop training program and procedure for leasing the
studio equipment. The total cost of Mr. Dressen' s proposal
was $19 , 900 . (Anyone interested in obtaining a complete copy
of Mr. Dressen' s proposal should contact me. )
New Frontier proposes to staff the studio with at least one
qualified manager during the following times: Monday through
Friday, 3 : 00 p.m. to 8 : 30 p.m. and Saturdays 11: 00 a.m. to 4: 00
p.m. Additional studio hours would be made available to public
access users with a24 hour notice. The total cost for New
Frontier' s proposal is $15 ,852. (A copy of New Frontier' s proposal
is shown in attachment No. 2 . )
The Cable Commission was extremely impressed with the staffing
plan proposed by New Frontier. The Commission was also impressed
with the proposed guidelines for checking in and checking out
equipment, studio production, editing and penalties for not
following the rules and regulations. Finally, the Commission
felt that the experience and technicial background of the staff
of New Frontier Productions weighed heavily in their favor.
Based on these findings the Cable Communications Advisory Commission
is recommending to City Council that the proposal submitted
by New Frontier Productions be accepted as the method for staffing
the Shakopee Public Access Studio.
The primary reason for the cost difference in the two proposals
is that Mr. Dressen proposes to pay the established lease cost
of the equipment when he uses it for his own personal use.
He has also built into his budget $2000 for maintenance. New
Frontier on the other hand is proposing that they have open
access to the studio equipment when it is not being used by
the public. They have stated however, that they also plan to
purchase their own equipment for their business needs. The
studio equipment that they would have the greatest need for
is the 3/4" editing machine. Finally, New Frontier is proposing
that the Access Corporation should cover the costs of any major
maintenance.
I should point out that the Shakopee Public Access Corporation
will be the party entering into a contract agreement with New
Frontier Productions. The Access Corporation will be meeting
on April 1, 1986 to accept or deny the proposal submitted by
New Frontier Productions. The source of funding for the access
studio staffing plan will be the cable franchise fee which the
City will transfer to the Access Corporation who will in turn
pay the provider.
Alternatives
1. Accept the proposal submitted by New Frontier Productions
as the staffing plan for the Shakopee Public Access Studio.
2. Do not accept the proposal submitted by New Frontier Productions
as the staffing plan for the Shakopee Public Access Studio.
3 . Have the City of Shakopee hire a 3/5 time studio person
and a 1%5 time cable administrator to staff the Public
Access Studio.
4. Accept the proposal offered by Mr. Ed Dressen.
5 . Do nothing.
Staff Recommendation
Staff recommends alternative No. 1.
t
Action Requested
Move to accept the proposal submitted by New Frontier Productions
as the staffing plan for the Shakopee Public Access Studio.
BAS/jms
Attachment # 1
SHAKOPEE TECHNOLOGY OFFICE
1137 MARSCHALL ROAD
SHAKOPEE, MN 55379
March 18 , 1986
The Honorable Eldon Reinke
Mayor of the City of Shakopee
129 East First Avenue
Shakopee , MN 55379
Dear Mayor Reinke ,
I am writing to express an interest on the part of
Independent School District #720 , Shakopee, Minnesota in
the operation of the Shakopee Public Access Studio.
The short time-line between the city's request for
proposals and it ' s closing date has prevented full plan
development and review by the board of education prior to
submission.
There appears to be a good deal of potential benefit to
the community from a Public Access Studio which is operated
with a Vo-Tech trained media specialist under the supervision
of the district technology office. Such a structure would allow
for program development through the Community Education Program
as well as regular school activities .
The district ' s position as a State of Minnesota Technology
Demonstration Site and it ' s current project involving the use
of interactive video on the institutional network places it in
a unique position to be able to interface between the many
potential user groups .
Should the city find current proposals unacceptable the
district would be interested in exploring this concept further.
Sincerely,
r ,
Ronald E. Ward
Technology Coordinator
REW/so
c.c. Virgil Mears
Attachment #2
Q/
Since the inception of cables television in he city of
Shakopee , it has been our goal to see that public access
programming be lis=t_ by the citizens o Shakopee forthe betterment
of the community. Therefore, to guarantee its Lpmost success, We
have formed a new corporation calied New Frontier Productions
incogi_lrated with the hopes of rebuilding the
_nd restructuring the
administration. of public access in the City of Shakopee. We are
submitting the following bid for your consideration.
Micheal J. Schmitt William B. Leple-y
President/CEO New
N Frontier Productions
inc.T c. e:ti Frontier Productions lie=.
Corporate Background-Relative _
Experience
NewFrontier Productionsincorporated
is a newly fcirrl;2d
Minnesota corporation with is -
• . + Primary officers _fi.`IF'_ all ii
no
tiMe residents of the
' - - Shak=es- f:- Stated Li!_f t F w_ 1.-i E
rs
sicJvor_:eCmanagement , makes _!� _ t=" ES -_ __ �: -Fr =P_t t" - 1
hTjob thst lies
ah--ac01 us. Public access recti% . _= a well rGLi.nded
balance of technical . promotional , educational , and human
C
relationsskillsto help p i Cr%•v: c.irl: i ±.__.`-c its -r:'�-' {.
dev i �tTFfT{P( 2' � IMP -eel with
Ou Past -t-t- _ _ __ t .•
-. - - - - �•a--•� ei;�,er�=n.C. +_Eec management t�c'iiic°ii_ i.{'t
New CrProductions
G?: c ti C^= _iCGrpocLPG Ui . i CE cvery
s' -- :
e
asset tcCubli _ .cress television in the _ :; of Shakopee.
We have
recs E`-ed many i e -E'er- from =�� our post Lser - • =h Wi= a
F C included
in t e.s i.b i L. _.
Administrative =lists
Studio compensation M nager= 011 ,520. 00
• ? •-e 0
_
Playback [{P erator s compensation X2,592. 00
i59200
WGr-kmans Compensation insurance Fre $5 0.00
Professional Fees $600.00,
Banding Costs $150. 0-0
Studio G Lam
_ $240.00
Small Tools «,5r r`S�r F
Office Stipp _es x•200. 00
(printing/cogi•Y deist_)
Project Organization and staifing
I ) New Frontier Productions inc- 's CorPorate structure
P'esident/CE0/NFP Manager Michael`f rc7E'i Fi. Schmitt
Vice President Beth Ann Leplev
SE_ret a-V C^_: NFP Manager fiIiiaiB. -E-
l_yTreas_rer L=Yatl CjdrSchmitt
11) vGu responsibilities
Facility Managers - Michael Schmitt,
..i l _ -
�_i rit a_c:±j z_+`.!
t T t 5
_ ii . _._ai = +ications
William
Address: 1037 South jacksi_n S i.
Shakopee, MN 55379
PH. 612-445-3885
Education-.
1975 graduate G-r Shakopee Senior Bigg
1978 associate decree in technology
Northwestern Electronics Institute
Qualifications cont.
Licenses:
First class FCC radio-telephone operators license
Relative experience:
1977-19B0 Engineering staff KTCA/KTCI television
1930-19B2 television production specialist Store--
cable-vision
torercabIe-vision
1983-1986 Public access studio manager Zylstra-United Cable
Michael Schmitt
Address: 1015 South Main ST.
Shakopee~ MN 55379
PH. 612-445-4296
Education:
1984 graduate of Shakopee Senior High
. 1984-present 2nd year engineering student Mankato State Univ.
Specializing in Television Production and Computer Science
License:
Third class FCC Radio-Telephone operators license
Related experience:
1981-present Lighting director Shakopee Senior High
Auditoruim
1981-present Audio director Shakopee Senior High Auditoruim
1980-1984 Audio/visual specialist Shakopee Senior High
1984-present Technical director Miss Minnesota Valley Pageant
1984-1985 Visual specialist Valley Fair Amusement Park
19B4-19B5 Assistant Studio Manager Zylstra-United Cable
television
Contract Rates
The duration shall be twelve months commencing April 1 , 1986,
and Shall Terminate March 31 , 1987' New Frontier Productions
incorporated reserves the right to renue this contract for an
additional twelve month oeriod of time as negotiated with the City
of Shakopee. The City of Shakopee shall New Forntier Productions
incorporated the sum of $15,900' 00 dollars (Fifteen Thousand Nine
hundred and no cents) on a ouarterly basis with the first
installment due at the begining of the contract' Installment
schedule will be as follows:
April 1 , 1986 $3,975.00
July 1 , 19B6 Z3,975'00
October 1 . 1986 $3,975'00
January 1 , 19B7 $3°975.00
Public Access Promotional camp ign
New Frontier Productions incorporated recQLunites that a major
key to the success. of Public access in the Ci tV of Shakopee is a
?;':1_Od `.` OmOti n ai =atiFn aign- _ she =osTif;uni_W were made aware of the
_.__•--a _hev haveto }i{''.ss media . the LL.!?{[51uni '_ - as _. whole_ e -__-_=�
Prow and b better educated __ what is going on around
at
New Frontier Productionsinto vQraLed feel that if at least
�,e
organization a month learned _bout the potentials and techniques
of how to use public access= haF-n& and began to use public access
to their advantage, the L1=tFiFlfunit`I 'mould start a new type of
educational development.opment. 4 ew Frontier Productions promotion,
campaign will consist of three individual but =or ` + - elements.
1 . New Frontier Productions incorpo-a ieG will mate a m i+= -
ei--s ort to re_-,c hoot to at least onegan zit on a month to ___ _ _
_.
them on techniques and the . -•i -=-bil- 1 un :c - -
during this demo:_ _ation, the organization w1 , 1 -_ I, yaE i«i:
introduction to the use of por_anl e p_..._ __ azzwa, _.._
that they may "'Lar L J! odu_=sn := w-. ._r•_3 0,k,� ,i.i "_ yy _ .,.GL.Lt L'F
members and LSfe1i- friends at ; : L•FC_ ! i C-
We 1:_ _ _ ._. _ - _
_ _. .. _
60. ` --. _ -_ nn Z.__-. l.:
r.
jshOvah 's Witnesses
_• -'t°� Juction County ±mads` 78 and 63
Shakopee
0=10! Lutheran church Calvary CalUnited ted Methadi st church
1057 jefierson 705 East 1st Avenue
Shakopee sisrii':.cDe
Lutheran churcn St. MarY ' s church
911 Last Shakopee Avenue 575 LewisStreet
Shakopee Shakopee
Shakopee Assemblies of od Shakonee -• i church
tst
1205 East Kith Avenue 1980 , is Avenue
Shakopee Shakopee
Sheriffs Department Veterans Service office
Scott
t- -ice
cott County Court House Scott County
428 South Holmes 428 South Holmes
'
�urohv 's Landing St . Fr�ncis HosoitaI
Hwv' 1I West 5+n
Bhakopee Shakooee
Veterans o+ an Legion s7 #2
132 E�st 1st Averue East 1s� Avenue
Shakopee �hako�ee
Mdew�kawton Szoux Community Center Friendshi� Manor Nursing Hom�
CR 83 1340 3rd Avenue West
Shakopee Shakopee
Minnesote Correctional Fac� Iity Masonic HaIl
1005 West6th 110 1 /2 East 1st Avenue
Shakooee Shakopee
^ �co44Countv A�sociation of Retarded Cit4zens
14080 North East Shady Beach Trail
Prior La�e
MN River ValIey Special Education Group
405
sl Avenue North West
�hakopee
Scott Countv Library System
Scott County Court House
42B South Holmes
Shako�ee
II' New Frontier Productions 'ncorporated will offer Training
sessions on aIl _;:;spects of public access. �he times and dateS will
b� �etup on a mont-hIy basis~ but- we at New Frontier Productions
Incorporated feel ±hat this oromotional camgn will cause a
growth in the demand for these classes and therefore will increase
the avaiIabiIity of these classes- The times and date of the
seon wiII be published in the Shakopee ValIeyNews~ Live
apperances on KSMM radio, channel three '� calendar of events,
' monthly news let ters and -1heCommunity Recreation and Education
paper. A monthly report summerizing our promotional activities
wilI be made avail -ble to the City of �hakooee and the Community
Ac�ess Corporation at the end of each month' (see Form G)
The +oIlowing i� an example of �ome of the tr��ining cl�sses that
wiIl be offered'
1 . `Or v.c;vack Students will be _augur _ the proper care
and handling thing Csr O er table video ir=s_u bite eouiF•ment . This workshop
will emphasize portable production techniques in audio,o, ? _ghti r_,t-
- nter✓i ewi ng. and PrS=Der camera to subject alignment ,
gnment ,
11, S-ud- - _ t __ -_ _ Student Y � - - _.`_ _- � _ man- _ -- _- _- 0-
_ _ S_ _ _ - _ . Certair
3ob resoonsibi3ities
that - -
Outlined ar-- Producer . director . __-chni L..._ di -e to- ape
--
opea=o` . Sia?Ce" - - also � •-
_ _ i scripting , ^
audio.
i.. _-r•v'i e%v
e _ iso ^.i
! I! . _diling Workshop _ Students will _ _.r( Oro,,,C-•r � 1 /2
Lt h
- - lttl+
and inch editing aci .. = ties, Prover- _c•r_e and +Fandle:+.ni3 _f
video tapes and opera =i ch ar _._ter gen r ator_ .! IT . Because the -
management _i+-crProductions
3 s=O%^y:FOrs -L is !'{_._e 100 '. C' citizens the City O Shakopee,opee, we
'feel that certain CC•le:iFe_nit activities should�
G f7e bC•CsCTlerSteQ for
t•.^:= awareness of the Community of Shakopee. With the coordinated
efforts-= o the Shakopee community, special organizations and New
Frontier Production, we feel that a majority of the following
agenda of events could be documented and cable-a=t on channel
three for the community.
Memorial Day Services Loyalty '�cam-.'.Js
_ - L
Shakopee D•_'f.Y at Canterbury Acede:`tic Award Ceremony
Senior Graduation National Honor Society
induction
Athletic Awards Ceremony S11(i1mer Theater
Varsity Football Varsity Baseball
Squad io tba i _ Snuade Baseball
gran= Football 9th graze Baseball
1r8th _
iz . .
grade Football l Sth grade Baseball
Varsity Volleyball Varsity Basketball
Squad Volleyball 'B' Squad Bas}_etba_S
Crb grade Volleyball _t
h grade Basketball
Cross Country-- - meets Tract_: Meets
Wrestling Tournaments Varsity Hockey
Senior High Concerts junior High Concerts
Traria Presentations Speech L� t=
!3 meets
Swimming meets Golf Tournaments
[ Cub_. ase al l
H_i--itW C:-'1DruS Concerts
Additionally, with the use of educational oral Cha nels and system
inte"'CsZnnects: we will wort' closely 4ith local educator- tt:
develop workshops that will relate directly with interactive
e
- c=_S
video. These workshops will entail 'hands on experience seting up
cameras, = _;Ziiti~L_ and audio, and will be done at he site where
t S•--.•= i tier co nect classes wi_l be held.
/
Studio Staffing and Personnel '
Being familiar with the habits of the Shekooee public Access
users we will be staffing the public access facility with a
minimum of one Facility Managers during the following hours:
3:00 P. M. to 8: 30 P. M. Monday thru Friday
11 : 00 a.m. to 4: 00 p. m. Saturdays
These times will be reserved for the sole use and promotion of
public access. This will give the public access user more than 30
hours a week access to the production facility and personal
training' This will also allow more convenient hours for equipment
check-out and check-in'
During the hours of 5: 45 n- m. and 8: 45 p. m. a playback operator
will be on duty to perform tasks neccesary for cable-casting the
public access productions. The playback operators hours will be
extended to cover live city council muetings and other public
access productions in the entirety.
Rules and Regulations
New Frontier Production will follow all Federal and State
regulations along with those operational rules set forth by the
city of Shakopee and the Shakopee Public Access Corporation or its
designated commission'
Equipment Maintenance
New Frontier 's Facility managment feel that equipment
maintenance is is the key to the long life and reliability of the
equipment. We have developed a three stage maintenance program to
ensure reliability and minimal down time during the life of the
equipment' We will develop A complete maintenance file for each
piece of equipment and keep these files throughout the duration of
the contract. These files will be the property of the City of
ShakopeeThe following schedule will be performed by the Facility
Management as follows:
I. Dai IV
a. clean video heads
t' clean and check nrooer alignment of audio aqd gont�ol
track heads on video cassette reco-dens
C- align S,stem scbcarrier nhase
d' align system horizontal ohase
e' align s-stem monitors
T. Marge ,emote batteries
9. check operatiOn of editing controls and machines
h' check ooe,ation of cameras and switcher
i . check on proper alignment and operation of channel three
j. identify possible future problems
k. insoect for wear and tear
I . general cleOning of studio and equipment
M. color balance cameras
H. Weekly
a. clean capstan rollers on video tape machines
b. check studio fixtures for bad or possibly dangerous bulbs
c. clean exterior optical glass on cameras
d. align back focus on cameras
e. align film chain
f. perform registration alignment process on cameras
III. Monthly
a. align camer view finders
b. clean video tape recorder head rotor contacts
c. align timebase corrector
e. align Dynair 12x4 audio outputs
f. check for proper video termination
g. align auto iris on cameras
h. align camera fIangeback
i . check and align auto black and auto white balance camera
circuits
K check batteries for oroner voltage
k. inspect all studio and remote chords and cables for wear
and tear
l . clean interior camera optics
New Frontier produtions will perform the neccesary outlined maintenace
Program along with fesable 'in house ' repares free of charge to the
City of Shakopee or its designated authority- New Frontier productions
Incorporated additionally will furnish all lamps neccesary to replace
bad or dangerouse lamps reouired by the 6 inch fernels or 10 inch scoop
lighting fixtures. Free of charge for the duration of the contract~
Official Reports
New Frontier productions feels that a constant open line o-,-
commanication most be maintained with the City of Shakopee, its oubIic
access users ard the Shakonee Communitv Access Corporation. We fee'
that the following six reports should be submitted on a monthly basis
to the city of Shakooee for access by any of the bodies forth listed. A
summary report will also be submitted on a bi-yearly basis. The reoorts
will list as follows:
I . Public Access Promotional Report
(see Form G)
II . FubIic Access Equipment Usage Report
(see Form H)
ITI. Channel Three Programming Report
(see Form I)
IV. Maintenance Report
(see Form K)
' V. Character Generator Revenue Report
(see Form L)
VI . New Frontier Equipment Usage Report
(see Form M)
VII . Summary Report
(see Form N)
Shakopee Community Calendar
-
Submition of community anouncements can be made by mailing or
submiting a typed or printed announcement to the public access facility
daring normal buisiness hours. Each announcement must be complete with
a signature and phone number to assure accuracy. New Frontier
productions Incorporated will make available free of charge a standard
grid form for a designed announcement. (see form A) This service will
be maintained and updated daily as a free service to the citizens and
organizations of the city of Shakopee.
Censorship
New Frontier productions Incorporated will screen all public
access programming and annoucments prior to scheduling. If a program
contains unsuitable language or situations that we feel detrimental to
public access programing , the producer and the City of Shakopee will
be notified by written notice orior to scheduling. The City of Shakopee
or its designated authority shall have final censorship rights on any
program.
Reserving the use of oubIic access equipment
"hough carefull consideration must be taken to ornoerIv reserve
ant c!`eck = eoulmment ' we feel some safenauras snould be outlined' It
may be in the best interests of the public accesF user that the rules
and regulations of reserving and checking out equipment be outlined
with a coordinated e4fert between the Shakopee Community access
corporation and New Frontier wroductions. New Frontier oroductions
IncOrPurated will follow all guide lines set forth by the Shakopee
Public Access Corporation. In the interum time oeriod, New Frontier
productions would like to suggest the following format to be followed.
I ' Po"table Equipment Check-out
a' Only Persons certified by New Frontier Production
Incorporated or the Shakopee Community Access Corporation may
request to check-out portable production equipment.
b. Only designated portable production equipment may be
, checked out by certified public access users.
c. Equipment not designated 'portable production ' may not be
used without direct consent in writing from the Shakopee
Community Access Corporation.
d. Portable equipment may only be checked-out for the purpose
of public access programming. Equipment may only be checked
out between the hours of 3: 00 p.m. to 8:00 p. m. monoay thru
Friday, and Saturday from 11 : 30 a~m. to 3:30 p. m. unless
other arraingments are made.
e. Equipment must be returned within a 24 hour period, unless
other arrangements are made.
f. A maximum check-out period should not exceed 48 hours.
g. To avoid any possible scheduling conflicts, any equipment
available for check-out must be approved by New Frontier
Productions Incorporated Management.
h. The amount of equipment checked out by a qualified
individual is limited to the discresion of New Frontier
Management.
i . Equipment check-out is on a first come first serve basis.
j. We suggest that a public access user reserves equipment
with at least 48 hours notice.
Y. At time of check-out and check-in the public access user
will be required to assemble, operate and disassemble
equipment to varify his/her knowledge of the correct
operation, proper care and to inspect *or proper operation of
the equipment.
1 . Users reouiring multiple cameras must apply for a
reservation 46 hours in advance.
m. In order to check-out equipment the user must completely
fill out the public access check-out form (form B) and adhere
to all conditions set forth on the check-out form.
n. Penalties may be inforced on an individual user who does
not abide by the rules and regulations set forth by the
Shakopee Public access corporation or Facility Management.
o. Productions must be completed and ready for cablecesting
in a resonably amount of time.
II . Studio Productions
a ' OnIy persons certified by New Frontier Production or the
Shakopee Public Access Corporation me" ,eouest to reserve the
use of the public access studio'
h. Studio productions may only be reserved for the ourpose o+
public access programming. Studio time may only be reouesteo
between the hours of 3:00 p. m. to 8: 0w a. m. monbay ,thro
Friday, and Saturday from 11 :30 a.m. to 3: 30 P. M. Staff
scneduling will allow for soecial arranoements to be made
over and above stated office hours.
c. To avoid any scheduling conflict , studio time may onIy be
arranged for thougn the New Frontier Management.
d. Studio time is reserved on a first come first serve basis'
e. A request for studio time must be 48 hours prior to
renuested session , but we suggest as much prior notice as
posible'
f . In order to reserve studio the user must compIetly fill
out the oublic access studio request form (form C) and adhere
to all conditions set forth on the form.
g. Penalties may be inforced o: an individual user who does
not abide by the rules and regulations set forth by the
Shakopee Public access corporation or Facility Management.
b' Productions must be completed and ready for cablecasting
in a resonable amount of time.
III . Editing
a. Only persons certified by New Frontier Production or the
Shakooee Public Access Corporation may request to reserve the
use of the public access editing facilities.
b. Editing facilities may only be reserved for the purpose of
public access programming. Editing time may only be requested
between the hours of 3:00 p. m. to 8:00 p. m. monday thru
Friday, and Saturday from 11 : 30 a. m. to 3:30 p.m. Staff
scheduling will allow for special arrangements to be made
over and above stated office hours.
c. To avoid any scheduling conflict , editing facility time
may only be arranged for though the New Frontier Incorporated
Management.
d. Editing time is reserved on a first come first serve
. basis'
e. A reouest for editing facility time must be 43 hours prior
to requested session, but we suggest as much prior notice as
possible'
f ' In order to reserve the editing facilities; the user must
fill out the public access editing facilities repues'z
form' (form D) and adhere to the conditions set forth on the
form.
g' Penalties may be inforced on an individual user who does
not abide by the rules and regulations set forth hy the
Shakopee Community Access Corporation or Facility Management'
h' Productions must be completed and ready for cablecasting
in a resonabIy amount of time.
iv. Penalties
Although we realize situations arise beyond an individuals
control . but we feel some guidelines must he sPt and Adhered to.
T h e t -J _ - _ -- stated
__t -U _--c +i r_ are only r __ntctw- id,,
egalations
w' is-- o._Fste- the ='r:_Publicaccess - - conv of the
_ l es and regulations w _. _ be available to all nuc+l _F_ ,...__es_.
users.
a, First ct*4 en se verbal discusion will be €. ' -' with the individual "_o
explain he incident nd give an understanding of the
penalties of another oc__arance. For further referenses , tili
off e€se w:: = _ be doc_i�mented and f i ed with New Frontier 's
•
Management Ment for _ month
time Period
c. _conn off=ense - thereafter.
written corresoondence will l be stilt to the _tsar informing
i"lg
them of the offense and Penalties that could occur, A copy
will also be sent to the Shakopee Community Access
CorPorationj and the city of Shakopee. New Frontier
Productions incorporated will allow the user 14 days to
respond in writing to the accusations. For further
refer eases, this offense will be documented and filed with
New Frontier 's Management for a s,„ month time period
thereafter.
L.
Third offense -
€e same procedure as above will be followed plus a
decertification for six months will be enforced.
Some of these penalties may be harsh for mublic access users
but we feel that in order for the organization to +'oilerate
effectively they must be enforced. Without these penalties we
are afraid some public access users will be i of rengi ng on the
rights of Bother Public access users.
Lease Policy
For the_ Dur p cess+ of leasing Pub1ic access equipment on a
rental basis. New Frontier productions in_prJC}raleCi wl _ 2 acv
as an agent for the C_tv of Shakopee d t-,e Shakopee
anew the �i'�a_-,oma e
Community Access Corporation Lp_erequest. New Frontier er
Productions incorporated will follow Procedures 1e forth b7
the Cit -
: �f 5t':a`t::Gee r:t€d the SI-€akrneR i.nmmur,_T4. Access
Corporation
Public Access Meetings
New Frontier Production incorporated understands that
alone relationshic must be maintained with the Shakopee
Community Access Corporation and therefore feels that an
officer be present at all regular meetings of the Shakopee
Community Access Corporation New Frontier Productions
incorporated wiIl provide a management representative at all
other meetings of the Shakopee Community Access Corporation
when invited,
Public Access Goals and Achievements
New Frontier Productions incorporated will incurage at
all times the growth and continuance of public access in the
. City of Shakopee. With the combined effort of New Frontier
Productions Incorporated and the Shakopee Community Access
Corporation we feel we can devise and impliment a long needed
public access marketing stratagy. As defined in our
promotional campaign we feel that our job is to educate,
develoo and promote public access thoughout the community'
Indemnification
New Frontier Productions Incorporated shall be
responsible for all claims which may arise as a result of the
buisiness activities of New Frontier Productions Incorporated
Furthermore we shall quarantee to save the City of Shakopee
harmless and indemnify the City of Shakopee for any and all
laws, cIaims, suits, judgements and recoveries which may be
asserted , made or mav arise or be had, broueht or recovered
against the City of Shakopee and the State of Minnesota by
reason of anv of the foregoing claims; and that New Frontier
Productions Incorporated shaII immediatIy appear and defend
the same at our own cost or expense.
Workmans Compensation Insurance
Workmans compensation insurance has been obtained for
all New Frontier Productions Incorporated employees through
Minnesota Workmans Comoensation Insurance Association'
Surety Bond
A $5~000 (five thousand dollar) suretv bond will ne ourchesed
f-om Safeco Bond Insurance o2 Seattle Washinuton at the date of
erTemtence of tKAF proposal - Tne bond will insure comoIjance set
forth bv the conditions stated in the bio for proposals.
Open Book and Record Policv
New Frontier Productions Incorporated will maintain an office
within the City of Shakopee and manage all of its operations in
accordance with a poIic" of total open books and records. The City
of Shakopee and the Shakopee Community Access Corporation shall
have the right to inspect , upon notice, at any time during
business hours, all books" records, income tax returns, financial
statements and any request for studio or remote equipment , and any
other materials which relate to the operation of this contract.
Contractor use of equipment
New Frontier Productions Incorporated reserves the right to
use any public access equipment and facilities during the course
of the contract.
New Frontier Productions Incorporated will be responsible for
any loss, theft, or damages that may arise during the time the
equipment is checked-out by New Frontier Productions incorporated
' Normal wear and tear will be expected.
New Frontier productions incorporated will keeo a log of all
times and dates of equipment used and will submit a comolete
report to the Citv of Shakopee and the Shakopee Community Access
Corporation' (see form K)
New Prnntier Productions Incorporated will not schedule any
use of public access equipment or facilities during the scheduled
public access business hours or at any other times that may be
detramentaI to public access Programming, Promotion or use.
New Frontier Productions Incorporated will donate 5% (five
percent) of the gross revenues derived from the use of any public
access equipment or facilities. The 5% (five percent) gross
revenue will be turned over to the Citv of Shakopee or the
Shakopee Community Access Corporation on a bi-yearly basis.
1D
/ .`-
Alpha numeric Advertising
AIph-numeric anve,tising will appear on channel 3 during the
time that public access orogramming is not being cablecast' We
suggest an even beIance of advertising and community
announcements.
For example, if there are 10 community announcements we feel
approximately 10 maximum advertiser pages should be used. In
addition to advertising and community events on channel 3~ we will
be inc]uding a weekly public access program schedule, descriptions
of programs, public access hours and information on workshops'
Advertising Rates
1 day $2. 50/day $2' 50 total
2-3 days $2.25/day $6. 75 total
- 7 days $2. 14/day $15'00 total
, month 01'83/day $55. 00 total
New Frontier Productions inc. will be solely responsible for
advertising sales, promotion and applicable sales tax . AdditicmaIy
New Frontier Productions inc. will donate 50% of gross revenue
earned from alpha-numeric advertisement to the Shakopee Community
Access Corporation or the City of Shakopee to be used for which
manner they feel best for the continual growth of public access.
The 50% of gross receiots will be turned over to the City of
Shakopee bi-yearly. New Frontier Productions inc. will incure all
costs for selling advertising time, material ect. Advertising
sales and administration will not be done during regular scheduled
public access hours. New Frontier Productions inc' reserves the
right to change rates given 15 days written notice to the City of
Shakopee and the Shakopee Community Access Corporation.
Emplovrent Practices
.et:r Frortie_ Prcducticns Iraornc-atea not derr er.c�c,mer or
cC _ C..10-. c' !i, seX, t.-�• 1 -- -�-T h; i c n,
c: _u�. lni_ ?f__rmative - c t-_cn D:;l: '"Gf - _t,. r
..�... ,.. iris. `',.i� v cuu%..
6". li�"m ':',. ivew T cntie: P''c.-ducal:;' & Inc^_="norateG wi_1 ai-ertiSe
e-nlov lent on' %rt l- CS . r• al_ Oce med-a sour i l
cep and �. _
?:rican�s to ar.ply. Ivew Frcntie- Pr^_ducticne Inco.Derated will muirtain such
records ac Pre n,�cFz; -ary to detcrr^in_ compliar-ce with equal e:.plo,l^:ent and
a-Pfirmative a.cticr ebligaticnc and make such records available to the City of
Shakocec, State of Minncsota and .-ry Fedcral Aut�"_-ities unon request.
New Frontier Py-oduction I^corp;rated wil.-- any rules and reg i.tions
set fore:. b7 the city cf Shakcpr.-e, Sate of Mir_nes_ta o-- Ftderal Government.
It is the intended policy of New Frontier Productions Incorpe_ated tc
p, employ local community Deople. Free training will be offered followed by a
continual evaluation program of personnel employment practices to assure that
all local, state and Federal laws are being observed and faithfully carried
out.
II
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MEMO TO: Jahn K. Anderson, City Administrator
FROM: Ken Ash fe 1 d, City Engineer Z4��
SUBJECT: T. H. 101 Improvements at Raceway Park.
DATE: March 24, 1986
INTRODUCTION:
Raceway Park has requested the City to consider the matter of
signage and lane improvements to Trunk Highway 101 in the vici-
nity of 70th Street. Suggested signage imprcivements consisted
of special advisory signs to assist westbound traffic to enter
70th Street and Cretex Avenue. Suggested lane improvements
consisted of an acceleration large along eastbound T. H. 101 to
assist truck traffic to merge into the traffic stream.
BACKGROUND:
Mn/DOT has analyzed the proposed signage which would direct
westbound traffic to the signalized intersection at Valley park
Drive, u-turning traffic back eastbound to the 70th Street en-
trance. Based on Mn/DOT' s analysis, this is riot an acceptable
safe signage (Refer to attached correspondence) .
In addressing the feasibility of an eastbound acceleration lane
on T. H. 101 at 70th Street, data does riot Justify a Mn/DOT ex-
penditure. Statement is made indicating that Mn/DOT would - permit
the improvement if funded by others.
For informational purposes, I have estimated the cost of the
proposed acceleration at $32, 000. 00 including construction,
contingencies, engineering, and fiscal costs.
REDUESTED ACTION:
A general discussion of the costs and benefits of the City' s
involvement with the proposed improvement and further direction
to staff if deemed appropriate.
KA/pmp
RACEWAY
cc: John Ost d i k.e, Raceway Park.
9
N�° do Minnesota
District 5 8
Q Department of Transportation
�
2055 No. Lilac Drive
OF
TRV
R Golden Vallee, Minnesota 55422
(612) R&R-2,8tA1
March 7, 1986 593-8544
Ken Ashfeld, City Engineer
City of Shakopee
129 East First Avenue
Shakopee, MN 55379-1376
Re: C.S. 7005 (T.H. 101)
70th Street
Dear Mr. Ashfeld:
We have reviewed your request of February 20 concerning access problems
at the 70th Street intersection on T.H. 101. We agree that there is
considerable difficulty for westbound left turning traffic when the
Canterbury Downs traffic is headed eastbound. While directing the turn-
ing traffic to the signal at Valley Park Drive may make for a possibly
safer and less traumatic operation, we doubt that it would attract a
significant volume of traffic. We have observed that during congested
periods, traffic is backed up from the CSAH 18 intersection and is generally
a stop-and-go operation. Since traffic is at a standstill on the east-
bound, U-turning traffic is likely to have difficulty clearing the turn
lane at Valley Park Drive. Once the turn is made, traffic bound for
Raceway Park would still have to wait in line with the congested eastbound
traffic. It is also likely that some drivers would use the eastbound
shoulder - an illegal maneuver which we do not want to encourage.
Another possible problem with posting signs directing traffic to the
signal is that it is likely that many drivers would attempt to pull back
into the through lanes on T.H. 13 after having initially pulled into the
turn lane. This is a hazardous situation that should be avoided. Signing,
as proposed, would imply that pulling back into the through traffic flow
is permissible.
An acceleration lane for eastbound traffic from 70th Street appears to
be feasible. Since there is not a significant number of accidents or
other serious deficiencies related to lack of an acceleration lane at
this location, Mn/DOT would not be able to justify expenditure of its
limited resources on a project. However, it is likely that Mn/DOT would
An Equal Opportunity Employer
_QN-O
Ken Ashfeld"
March 7, 1986
Page Two
approve a permit for an improvement that would be funded, designed
and constructed by others. Our district has approved a number of
such projects on trunk highways ranging from turn lanes to inter—
changes in recent years.
We regret that we do not have an easy solution to the turning
problem. At this time, it may be prudent for Raceway Park to
investigate scheduling their events to minimize conflicts. It is
possible that the proposed improvement at CSAH 18 will reduce the
congestion problem or its duration which, in turn, would lessen
the problem at 70th Street. We would be happy to review specific
proposals for an acceleration lane as they are developed.
Sincerely,
J. S. Katz, P.E.
District Tra c Engineer
JSK:pn
�r u; John K. Anderson, City Administrator
FROM: Steve Hurley, Engineering Technician
SUBJECT: Street Lights in Horizon Heights Addition
DATE: March 27, 1986
INTRODUCTION:
The City has recently received requests from property owners
for street lights at the two entrances to Horizon Heights.
BACKGROUND:
The area is served with electricity by Minnesota Valley Coop-
erative. The City has asked Scott County pay for the installation
of the light at the intersection of Foothill Trail and C. R. 16,
however, if it does not meet warrants it will be necessary for
the City to pickup the cost.
The estimated costs for two (2) Cobra Head lights are $300. 00
each which includes light, pole, and standard. There will be
a cost for underground wiring at $1. 50/ft. for approximately
300 feet on each light.
It is also possible that boring under one of the roads will
be necessary. The cost is estimated at $400. 00.
Total cost would be:
c Lights @ $300. 00 Ea. $600. 00
600 Ft. Wiring @ $1. 50/Ft. $900. 00
Boring $400. 00
$1, 900. 00
Monthly Maintenance & Power $23. 00
REQUESTED ACTION:
Motion approving the expenditure of funds from Public Works
General Fund not to exceed $1, 900. 00 for c lights and installa-
tion plus an additional $23.00 per month for power and mainte-
nance.
SH/pm p
LIGHTS
11y.
Fel
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Merchants Hotel Renovation Rent Application
DATE: March 26 , 1986
Introduction
City Council, when evaluating alternative grant applications
for the City of Shakopee ' s February 1 , 1986 Small Cities Grant,
analyzed several grant application approaches. One such approach
was the utilization of a developer; however, the City was unable
to secure a developer prior to the application deadline of February
1 , 1986. Pow-Bell Construction Corporation of Minneapolis,
Minnesota has now secured control of the Merchants Hotel site
and is requesting that the City Council consider it as the project
developer.
Background
Jeanne Andre, Community Development Director, provided City
Council with several alternative methods by which the City could
accomplish renovation of the Merchants Hotel. Jeanne Andre,
representatives from the Scott-Carver Economic Council Board,
and I have always preferred an alternative that would utilize
a private developer. Jeanne had contacted several developers
and we had exploratory meetings with a number of them prior
to the final submittal of the grant application. None of those
firms chose to participate at that time. Thus the grant application
when submitted proposed that the Scott-Carver Economic Council
serve as its own developer.
Pow-Bell Construction Corporation working with Rob Chelseth
of Planning and Development Services, Inc. and the Scott-Carver
Economic Council Board have put together a development proposal
that would place Pow-Bell Construction Corporation in the role
of project developer. The conditions under which Pow-Bell Con-
struction Corporation would accept such a role are outlined
in the attached letter from Richard Bruce Powers to Jeanne Andre
dated March 20 , 1986 . Mr. Powers and representatives from the
Scott-Carver Economic Council will be present at the April 1 ,
1986 Council meeting to discuss the Pow-Bell proposal. Pow-Bell
Construction Corporation is interested in being designated by
the City as the developer for the project under the block grant
application.
Alternatives
1 . The City can take no position on the Pow-Bell Construction
request. This would create some awkwardness since Pow-Bell
now controls the site with a purchase option. By taking
no position the City might create a good deal of uncertainty
around the development of the project. If the City' s grant
application should not be funded Pow-Bell Construction
will still control the site with their purchase option,
and could pursue other development alternatives for the
site. Should the City' s grant application be funded the
City would still be required to deal with Pow-Bell Construction
to implement the grant because they control the property.
2. The City can pass a motion directing that a development
agreement be drafted for Council action naming Pow-Bell
Construction Corporation as the private developer for the
project should the City secure the grant. Pow-Bell Construction
Corporation in addition to securing the site has indicated
a willingness to invest $100, 000 in the project making
the success of the project, should the City secure the
grant, much more certain. Moreover, an agreement with
Pow-Bell to invest $100 , 000 better insures the expansion
plan for the building that is tentatively planned to be
funded by foundations. As Council may recall, the expansion
plans were considered critical by Scott-Carver Economic
Council which needed the additional square footage to conso-
lidate its operations.
Recommendation
It is the intent of Pow-Bell Construction to cooperate fully
with the Scott-Carver Economic Council and the City to implement
the renovation project as outlined in the City' s grant application
if the City get the grant. If the City does not get the grant
Pow-Bell will investigate other potential renovation schemes.
Therefore, I recommend alternative No. 2 . Staff can be directed
to draft a developers agreement that would set forth conditions
that would be triggered should the City obtain the block grant.
Those conditions could include specific development timetables ,
equity requirements on the part of the developer, commitments
on the part of Scott-Carver Economic Council as the major tennant,
etc. The developers agreement can be dated to insure that this
commitment would only cover the period of time between the execution
of the agreement and the occurance of one of two alternatives :
( 1) the City fails to obtain the grant and the parties involved
have to develop a new alternative in an attempt to secure the
renovation of the Merchants Hotel or, ( 2 ) the City obtains the
grant and the project is undertaken as proposed in the grant
application.
Action Requested
Directed the appropriate City officials to draft a developers
agreement between the City of Shakopee and the Pow-Bell Construction
Corporation for the renovation of the Merchants Hotel for Council
review and action.
JKA/jms
Pow-BEI, CONSTRUCTION CORPORATION ;
BUILDERS - BRORERS - LAND DEVELOPERS - INSURANCE
4501 GARRISON LANE -- WA. 2-3941
MINNEAPOLIS, MINNESOTA 55424
March 20, 1986
Jeanne Andre, Executive Director
City of Shakopee
Housing and Revelopment Authority
City Hall
Shakopee, Minnesota 55379
RE : Merchants Hotel Renovation
Dear Ms. Andre:
Accept this letter as a willingness on behalf of our development team
to work closely with the City of Shakopee on the Merchants Hotel
Project. Our firm maintains site control of the property and wishes
to cooperate with community interests for common reolution to a
challenging issue.
We are grateful for the cooperation expressed by the City staff to
date and intend on doing our part to foster a good working relation-
ship.
Analysis of the property' s physical and financial characteristics
makes us conclude that Shakopee' s Small Cities Block Grant applica-
tion reuse plan is well founded and offers an excellent blueprint
for the property's renovation. To articulate our plans clearly,
I am attaching a small summary document for presentation and
public dialogue. Our plan calls for a long term, attractively
priced lease with the Scott Carver Economic Council , Inc. Specific
endorsement of the project by the Council will be forthcoming. The
major financial difference in our plan when compared to the City' s
grant application is private ownership by the Pow-Bel Construction
Pow-BEE COQ STRUCTION CORPORATION
BUILDERS - BROHERS - LAND DEVELOPERS - INSURANCE
4501 GARRISON LANE -- WA. 2-3941
MINNEAPOLIS. MINNESOTA 55424
Corporation, and capital cash equity injection of $100,000.
This $100,000 of additional investment can either: 1 ) reduce
the public assistance package by SI00,000, or 2) fund a rear
addition to the building. I believe a majority of other plan
components are identical .
With the endorsement of the Scott Garver Economic Council , we
request the project be scheduled for the Shakopee City Council
meeting of April 1 , 1986. On April 1st we will request a concept
approval of a redevelopment agreement between the City and Pow-Bel
contingent on a CDBG award from the State.
We look forward to meet with City staff prior to the April 1st
meeting.
Sincerely,
Richard Bruce Powers
President
i
PLAN A
HOTEL REHABILITATION
REUSE PLAN
SRO Hotel and Community Service Office
A. First & Second Floor Use Plan: Scott/Carver Office/Service Center
Ba Partial Second and Third Floors: SRO Housing for Needy: Eight Units
Ce First Floor Expansion Potential : Scott/Carver Office
e
1 4
PLAN A
HOTEL REHABILITATION
PROJECT OBJECTIVES
la Quality Restoration
20 Building Reuse to Meetin Community Needs
3. Responsible Building Management and Upkeep
HOTEL PROJECT SCHEDULE AND TIMETABLE
Feb Mar Air May Jin Jul Aum Dec
T
Phase 1: Plan and Approvals
- space planning I-------
- zoning and building code
compliance I ------
- development plan I ------------
- financing plan I ------------
1
- city development agreement I ------
- reuse plan and lease I ------
Phase 2: Specs and Bids I ------------
I
I
Phase 3: Construction I ------------
1
Phase 4: Occupancy I --
_ v
6
Income/Expense Projection
Aa Income Annual Projection
Gross Income
First & Second Floor Office Rent $ 18,480
Second & Third Floor Housing ($180/unit) 19,440
Gross Income $ 37,920
Vacancy/Loss Collection ($ 1,000)
Effective Income $ 36,920
B. Expenses
Operating Expenses
Utilities, Insurance, Maintenance, Replacement $ 23,800
Net Operating Income v Debt Service $ 13,120
+ a
PLAN A
ZONING ANALYSIS
1. Designated Zone Classification: B-3
2. Proposed Use:
First & Second Floor: Office permitted use
Partial Second & Third Floor: Hotel permitted use
PLAN A
BASIC LEASE TERMS - SCOTT/CARVER ECONOMIC COUNCIL
1> Space: 5,200 square feet a First & Second Floors
2< Term: Minimum of Five Years: preferably 15 years
3. Type: Net
4. Price: $15,000 Annually
5a Occupancy: January 1987
5a Use & Other Tenants: Partial Second & Third Floor m SRO Apartment
Housing
o ,
PLAN A ,
Development Plan Summary
1. Rehabilitation Needs
Site improvements, tuckpointing, roof, windows, heating system, elec-
trical system, plumbing, interior demolition, wall partitions, ceiling,
bathroom facilities, fire alarm system, water hook-up, sprinkler system,
insulation, doors, closets, flooring, fire escapes, first floor rear
expansion (optional ) .
2. Reuse Plan for Three-Story 7,700 Square Foot Structure
First Floor Office Reuse: 3,500 square foot usage;
administrative offices, food shelf,
head start.
Second & Third Floor Reuse: 4,200 square foot usage: eight
single room occupancy (SRO) with
shared bathroom; 1,700 sq. ft.
offices.
3. Development Costs Projection
a. Acquisition $100,000
b. Acquisition and Development Planning Fees 27,000
C. Construction Costs (gross) 471,000
5598,000
4. Development Financing Sources
a. Owner Equity $127,000
b. City CDBG Loan
1. 20V - 30 years 300,000
2. 15 year no interest loan 171,000
$598,000
D
MEMO TO: Mayor, Councilmembers
FROM: Tom Brownell, Chief of Police
RE: Proposed Scott County Ord. No. 9
DATE: March 24 , 1986
INTRODUCTION•
Scott County Ordinance No. 9 pertains to regulating Surface Water
Use within Scott County. The purpose is to update the existing
ordinance in response to a recommendation by the Dept. of
Natural Resources.
BACKGROUND:
On April 2 , 1985 , Council agreed with the Louisville Town Board
that a 15 mph speed limit be established on O' Dowd Lake.
Public informational meetings have been held in Prior Lake,
New Prague and Shakopee on August 21 , 1985 . Eight property
owners from O'Dowd Lake and eight residents of Louisville
Township were present.
The majority of O' Dowd Lake residents opposed the 15 mph limit on
the basis that many boats do not plane until 20 mph is reached
and they wish to use the lake for water skiing.
The revised Ordinance imposes a maximum speed of 20 mph between
sunset and sunrise with no maximum speed during daylight hours
except for Thole Lake which is 20 mph during daylight hours.
A Notice of Intention to Enact with a public hearing date will be
published by Scott County. Property owners may appear if they
want a maximum speed limit established for O'Dowd Lake.
RECOMMENDATION:
Concur with Proposed Ordinance No. 9 , (Revised) Regulating the
Surface Use of Water within Scott County.
COUNCIL ACTION REQUESTED:
Concur with Proposed Ordinance No. 9 , (Revised) Regulating
the Surface Use of Water within Scott County.
TB:cah
OFFICE OF THE ADMINISTRATOR %
}^ SCOTT COUNTY COURT HOUSE 110
t- SHAKOPEE, MN. 55379-1382 (612)-445-7750, Ext.too
March 17, 1986 F
JOSEPH F.RIES
AdministratoriR
A
F.BRANDT RICHARDSON
Deputy Administrator
BARBARA NESS
Administrative Asst.
Mr. John K. Anderson
City Administrator
Shakopee City Hall
129 E. First Avenue
Shakopee, MN 55379
Re: Proposed Ordinance No. 9 (Revised) ;
Regulating the Surface Use of Water
Within the County of Scott, Minnesota
Dear Mr. Anderson:
Enclosed you will find a copy of Proposed Scott County Ordinance No. 9 (Revised);
Regulating the Surface Use of Water Within the County of Scott, Minnesota, drafted by
Scott County Attorney R. Kathleen Morris from her perspective of the public informa-
tional meetings held at Prior Lake, Shakopee and New Prague on this ordinance. Please
note that this draft may not represent the views of other county officials in cwertain
areas of the ordinance.
In keeping with the general practices of the county in matters such as this, you
are requested to review this ordinance proposal with the City Council and other inter-
ested parties and return your comments to this office on or before April 30, 1986.
I am attaching a copy of the minutes of the public information meeting held in Shakopee
on August 21, 1985 to assist you in your deliberations.
At such time as the County Board has reviewed the comments returned by the muni-
cipalities named above, a "Notice of Intention to Enact" will be published with a
date of public hearing on this ordinance. I will take this opportunity to thank you
on the part of the County for your cooperation and participation in this effort through-
out the entire review process.
Si erely,
J
o F. Ries
ministrator
Encls. (2)
cc: (w/encls. )
County Commissioners Jon Westlake, Planning Director
R. Kathleen Morris, County Attorney Brad Larson, Highway Engineer
Sheriff Doug Tietz Recording Secretary
Lt. Don Hamilton
Deputy Lyle Svedahl
JFR:bn An Equal Opportunity Employer
c
PAGE 1
MINUTES
PUBLIC INFORMATIONAL MEETING
SHAKOPEE CITY HALL
AUGUST 21 , 1985
PROPOSED ORDINANCE NO. 9; REGULATING THE SURFACE USE OF WATER
WITHIN THE COUNTY OF SCOTT, STATE OF MINNESOTA
(1 ). The public informational meeting regarding the changes to Scott
County Ordinance No. 9, Regulating the Surface Use of Waters Within the County
of Scott, State of Minnesota, was called to order at 7:35 p.m. by Richard
Mertz, Chairman of the Scott County Board of Commissioners.
(2). Board Members Present:
A. Richard Mertz
B. William Koniarski
C. Jack Casey
(3). County Staff Present:
A. R. Kathleen Morris, County Attorney
B. Jon Westlake, Planning Director
C. Brad Larson, Highway Engineer
D. Doug Tietz, Sheriff
E. Don Hamilton, Sheriff's Dept.
F. Lyle Svedahl , Sheriff's Dept.
G. Joseph F. Ries, County Administrator
H. Janis Redfield, Recording Secretary
(4). City Staff Present:
A. Tom Brownell , Shakopee Police Chief
(5). Guests Present:
A. Bruce Watson, Lake O'Dowd Resident
B. Mike Sulik, Lake O'Dowd Resident
C. Carol Sulik, Lake O'Dowd Resident
D. Elmer Marschall , Lake O'Dowd Resident
E. Harold Marschall , Lake O'Dowd Resident
F. James Theis, Louisville Township
PAGE 2
PUBLIC INFO. MEETING
SHAKOPEE CITY HALL
August 21, 1985
G. Robert Schmidt, Louisville Township
H. Earl H. Lenzmeir, Louisville Township
1 . William Deliwo, Louisville Township
J. Bruce Myrvold, Louisville Township
K. Diane Myrvold, Louisville Township
L. Cecil Higgs, Louisville Township
M. Mac Dagud, Lake O'Dowd Resident
N. Cindy Dagud, Lake O'Dowd Resident
0. Sue Ebner, Louisville Township
P. Roger Wright, Lake O'Dowd Resident
(6). The purpose of the meeting was explained by Commissioner Mertz. The
County Attorney and the County Administrator informed the audience that
suggestions from the informational meetings would be reviewed and that a public
hearing would be scheduled and duly advertised prior to the ordinance being
adopted in its final form.
(7). Review of Ordinance No. 9 and Proposed Revisions:
A. The County Attorney explained that it was the recommendation of
the Department of Natural Resources (DNR) to update the water safety
ordinance. it was clarified that all Minnesota laws have been included in the
proposed ordinance. The County Attorney reviewed the sections of the ordinance
which had changed and commented on the following items which were discussed at
the first informational meeting held in Prior Lake on August 7, 1985:
Page 4 - Subd. (3). - It was explained that floating docks or
structures must have a reflector as well as a permit.
Page 8 - Subd. (6). - It was explained that the wording will be
changed to "towing more than two (2) persons at one time requires a permit."
Page 8 - Subd. (5). - It was discussed that "towing a person by a
rope, cable or other towing device longer than eighty-five (85) feet" may be
changed to one hundred (100) feet since the longer length is required for some
types of barefoot waterskling.
Page 11 - Subd. (7). - It was explained that Minnesota law
requires "reasonable" guards or railings but does not specify a minimum
height. The County Attorney advised that Lyle Svedahl 's recommendation is for
a guard or railing height of eight (8) inches for safety reasons. The County
Attorney stated that there had been previous discussion concerning the dangling
of legs over the sides of boats while under power. It was explained that
although this is a safety concern, it is not possible to prohibit this type of
activity.
PAGE 3
PUBLIC INFO. MEETING
SHAKOPEE CITY HALL
August 21 , 1985
Page 13 - Subd.(1 ). & Subd.(2) . - It was clarified that any
person violating any provision of the ordinance as well as the owner of a
watercraft can be penalized.
(8). Questions & Presentations from the Public:
A. Bill Dellwo, Louisville Town Board, initiated discussion of the
15 miles per hour speed limit on Thole Lake. Mr. Dellwo indicated that the
Louisville Town Board as well as the City of Shakopee voted in favor of a 15
mph speed limit for Lake O'Dowd. There was discussion as to why Thole Lake was
singled out for a 15 mph speed limit. Mr. Dellwo stated that due to the size
of Lake O'Dowd and information from the DNR, a 15 mph speed limit should be set
for Lake O'Dowd.
B. Bruce Myrvold, Lake O'Dowd Resident, stated that he felt the 15
and 40 mph speed limits seem reasonable.
C. The County Attorney advised that the 15 mph speed limit will
probably be changed to 20 mph since most boats require a speed greater than 15
mph in order to plane. Discussions from the Prior Lake informational meeting
concerning this subject were reviewed.
D. Bruce Watson, Lake O'Dowd Resident, indicated his opposition to
the proposed speed limits and cited resale value of property as one reason.
Mr. Watson stated that one of the main reasons people purchase Lakeshore
property is for recreational purposes and setting speed limits could discourage
potential buyers. The issues of chemicals from farm lands contaminating the
lakes and the noise problems were introduced.
E. Bill Dellwo, Louisville Town Board, stated that approximately
two-thirds of Lake O'Dowd cannot be used for waterskiing because of
legislation. The County Attorney asked if Mr. Dellwo was implying that Lake
O'Dowd is a protected wetland. Mr. Dellwo indicated that he has pertinent
information frdRhscisubject. Commissioner
asked
that Mr. Dellwo ovietinformation to the Board ofcommissionersfor
their review.
F. Roger Wright, Lake O'Dowd Resident, initiated discussion of the
ty
notice for the ooriall matioal threenpublicting. The informationalnmeetingsiweretor publisheddinh
atf
the notices f the
local newspapers.
G. Mike Sulick, Lake O'Dowd Resident, commented that the problems
with recreational activities on Lake O'Dowd did not begin until approximately
two years ago and cited jet skis as the main reason. There was discussion
concerning the jet skis coming in too close to beach areas and the noise
problems created when the jet skis are raced back and forth along the
shorelines. The issue of a noise ordinance was again addressed. Tom Brownell ,
Shakopee Police Chief, stated that the City does have a noise ordinance in
effect.
PAGE 4
PUBLIC INFO. MEETING
SHAKOPEE CITY HALL
August 21 , 1985
H. Elmer Marschall, Lake O'Dowd Resident, initiated discussion of
the number of docks allowed as per Subd. (3), page 4. The County Attorney
offered clarification regarding the permit process for docks and/or slips.
I . Bruce Watson, Lake O'Dowd Resident, initiated discussion of the
ordinance section prohibiting waterskiers from being towed within 150 feet of
any swimmer, swimming area, dock, etc. It was suggested that the wording be
changed to "any watercraft" shall not come within 150 feet, thereby including
Jet skis.
J. There was discussion concerning the definition of "competent"
with regard to two competent persons on board watercraft used for towing. The
County Attorney advised that an age limit cannot be set by law. There was
discussion as to why two persons should not be on board at all times.
K. There was a general discussion concerning the channels on Lake
O'Dowd. Sheriff Tietz advised that the buoys donated by the O'Dowd Lake The
Association will be in place, marking the channels, on August 22, 1985.
issue of children swinging off ropes and then swimming across the channels was
a major concern to all in attendance.
L. There was a brief discussion concerning the operation of
aerators. it was clarified that permits from the DNR allow the operation of
these devices.
M. Bill Dellwo asked the County Highway Engineer about the shore
erosion problem on 79th. The Highway Engineer agreed that there is a problem
with erosion but indicated he did not know the cause.
(9). Responses and Presentations by County Commissioners d Staff:
A. Sheriff Tietz requested that property owners notify his office
if the jet skis continue to pose problems. It was clarified that the Jet skis
are included within the proposed ordinance. There was discussion concerning
the safety of the new inner tube devices designed for towing.
B. Lyle Svedahl ran videotapes of radar runs illustrating that the
Water Safety Patrol was able to clock the speeds of various types of boats.
C. A letter from Tim Phippen, Lake O'Dowd Resident, was received
and made part of the record.
(10) . Commissioner Mertz thanked everyone for their comments and
attendance. The meeting was adjourned at 9:05 p.m.
PROPOSRn DRAt"t
AN ORDINANCE REGULATING THE SURFACE USE OF WATER WITHIN
THE COUNTY OF SCOTT STATE OF MINNESOTA
The County Board of Scott County ordains:
Section 1. Short Title.
This Ordinance shall be known, cited and referred to as the Scott County
Water Safety Ordinance, except as referred to herein, where it shall be known as
this C . finance.
Section 2. Purpose.
This Ordinance is enacted for the purpose of regulating surface use of
bodies of water within Scott County in accordance with the provisions of Minn.
Stat. Chapter 378 and the regulations adopted by the Minnesota Department of
Natural Resources, in order to promote use and enjoyment by all persons, now and
in the future, and to promote safety for persons and property in connection with
the use of the waters of Scott County.
Section 3. Application.
It is unlawful for any person to operate, dock or anchor any watercraft
upon any water or otherwise use any body of water within Scott County except in
accordance with the provisions of this Ordinance.
Section 4. Definitions.
Owner: The registered owner of a watercraft.
Permit: Written permission that must be obtained from the sheriff to
carry out certain activities as specified in this Ordinance.
Prior Lake: The body of water given that name and assigned the lake
numbers 70-26 and 70-77 by the Minnesota Department of Natural Resources.
Slow-no Wake: The operation of a watercraft at the slowest possible
speed necessary to maintain steerage and in no case greater than five (5) miles per
hour.
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Sheriff: Scott County Sheriff.
Sheriff's Water Patrol: Officers of the Scott County Sheriffs Department
and persons selected and trained by the Scott County Sheriff to be part of the
Sheriffs Water Patrol.
Sunrise: Time shown in National time chart for specific date for sunrise.
Sunset: Time shown in National time chart for specific date for sunset.
Thole Lake: The body of water given that name and assigned the lake
number 70-120 by the Minnesota Department of Natural Resources.
Water: Any body of water located within Scott County, Minnesota.
Watercraft: Any contrivance used or designed for navigation on water
other than (a) duck boat during duck hunting season; (b) rice boat during the harvest
season; or (c) seaplane.
Section 5. Watercraft Laws Adopted.
Minn. Stat. Chapter 361 and the water safety rules and regulations
adopted by the Minnesota Department of Natural Resources, a copy of which are
on file in the office of the Scott County Auditor, are hereby adopted and made a
part of this Ordinance by reference. No person shall operate a watercraft within
Scott County in violation of any of the provisions contained therein.
Section 6. Watercraft equipment requirements.
Subd. (1). No watercraft other than an authorized water patrol boat or
other police watercraft shall use or display a red light, except a red running light.
Subd. (2). No watercraft, other than an authorized water patrol boat or
other police watercraft, shall use or display a police, sheriff or law enforcement
officer's flag or any device designed to simulate such a flag.
Subd. (3). All watercraft shall be equipped in accordance with state law.
Section 7. Activities Requiring Permit.
Subd. (1). The erection or maintenance of any dock or s!ru<�,t_re of rr,ore
i
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than seventy-five (75) feet in length requires a permit.
Subd. (2). The erection or maintenance of any dock or structure which
projects beyond the extension of the property owner's boundary requires a permit.
Subd. (3). The erection or maintenance of any dock or structure with
more than five (5) slips for boats requires a Department of Natural Resources
Division of Waters permit.
Subd. (4). The erection or maintenance of any structure used for the
purpose of a ski jump or slalom course requires a permit.
Subd. (5). Towing a person by a rope, cable or other towing device longer
than a ghty-five (85}one hundred (100) feet requires a permit.
Subd. (6). Towing more than two (2) persons at one time requires a pe,*mit
and an observer.
Subd. (7). An application for a permit shall be submitted to the Scott
County Sheriff and shall require, if applicable, submission of a detailed plan
depicting dock location, configuration and number of boat slips or a description of
the activity for which a permit is requested including why the applicant is
requesting a permit to engage in the activity.
Subd. (8). A permit shall require annual renewal.
Subd. (9). A fee may be charged for each permit issued by the Scott
County Sheriff, which fee shall be determined by the Scott County Board of
Commissioners.
Subd. (10). A permit may be issued for a specified time period and may
include reasonable conditions related to permitted structure or activity.
Section 8. Prohibited Activities.
Subd. (1). It shall be unlawful for any person to cause the deposit in the
water of bottles, glass, sewage or other foreign material.
Subd. (2). it shall be unlawful for any person to cause the erection or
r �
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maintenance of any dock or structure which interferes with or obstructs the use of
the water.
Subd. (3). It shall be unlawful for any person to board, use, damage or
tamper with a watercraft without the consent of the owner.
Subd. (4). It shall be unlawful for any person to tow or to operate a
watercraft towing one or more persons behind a watercraft on waterskis,
aquaplane, surfboard, saucer or similar device except in compliance with the
following regulations:
(1). Every person being towed shall wear a USCG approved life vest,
belt or other buoyant device.
(2). On a holiday, Saturday or Sunday, two (2) competent persons
must be on a watercraft which is being used for towing. The driver of
such watercraft shall be 18 years of age or have permit issued in
accordance withMinn. Stat. Section 361.041 and must watch where the
watercraft is being driven at all time. The second person on board the
watercraft shall be an observer and shall watch the person or persons
being towed at all times.
(3). No person shall be towed from one-half(1/2) hours after
official sunset to the following sunrise.
(4). An unoccupied tow line shall not be dragged behind a
watercraft for an unreasonable length of time.
(5). No person shall be towed on a course within one hundred and
fifty (150) feet of any swimmer, swimming area, skin diver's warning flag,
anchored, moored or drifting watercraft or any raft, dock or pier, except
the raft or dock from which the watercraft or person being towed is
operating.
(6). No person shall be towed into or through a marked channel
(/ f
V
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connecting two (2) bodies of water.
(7). No person shall be towed upon an air mattress, inner tube, or
other inflated artiele or floation device.
Subd. (5). It shall be unlawful for any person to obstruct or interfere with
passage of a watercraft through a channel or narrow passageway.
Subd. (6). It shall be unlawful to anchor or operate a watercraft within
one hundred (100) feet of a structure used for the purpose of a ski jump, or of the
buoys used as markers for a waterski or slalom course, during times when the course
is in the use by waterskiem
Subd. (7). It shall be unlawful for any person to ride or sit on the
starboard or port gunwales, the docking over the bow or transom of any watercraft
while underway, unless the watercraft is provided with adequate guards or railings,
a minimum of 8 inches, to prevent passengers from falling overboard, and it is
unlawful to operate a watercraft while any person is so sitting or riding.
Subd. (8). It shall be unlawful for any person to fish from a bridge.
Subd. (9). It shall be unlawful for any person to jump or dive from a
channel bridge or dam or to swim in a channel.
Subd. (10). It shall be unlawful to use air mattresses, inner tubes or other
inflated floatation equipment in the water except in areas designated as swimming
areas or within one hundred (100) feet of the shoreline.
Subd. (11). It shall be unlawful for the property owner to leave unuseable
equipment or junked watercraft along the shoreline or in or upon the water.
Shorelines are to be kept clear of debris and in a clean and safe condition.
Subd (12) It shall be unlawful to operate a watercraft, including as iet ski
within one hundred and fifty (150) feet of any swimmer, swimming area, skin
diver's warning flag, anchored, moored or drifting watercraft or any raft, dock or
pier. except the raft or d k from which the wetereraft is 00eratinc•.
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Section 9. Watercraft Speed.
Sudb. (1). It is unlawful to operate or permit the operation of any
watercraft on any lake or river located within the boundaries of Scott County at a
speed greater than fatty (40} m4*9 per hear from 9"ru+ae to sunset at at a speed
greater than fifteen (}5+ twenty (20) miles per hour from sunset to sunrise except
that at no time shall a watercraft be operated at a speed greater than fifteen E}5+
twenty (20) miles per hour on Thole Lake.
Subd. (2). All waters with public access will be posted with speed limit
signs at public water accesses.
Subd. (3). The operator of any watercraft shall not overtake or pass any
watercraft in a channel or narrow passage and shall proceed through all channels
and narrow passages of water at closed throttle or at posted speed where
applicable.
Subd. (4). A watercraft shall not be operated on a course inside point
buoys at a speed greater than five (5) miles per hour.
Subd. (5). During periods of high water, 904.0' as determined by the gauge
located at the Wagon Bridge, or greater above mean sea level on Prior Lake, the
City Manager of Prior Lake may, at his or her discretion, and upon notifying the
Scott County Sheriff, impose a slow-no wake speed on such areas of the lake as
may be necessary.
Such restrictions shall become effective upon publication in the local
paper as a news item or on a specified date, whichever is later. All public water
accesses and private launch ramps shall be posted prior to and during the time the
restrictions are in place. <n addition, notice of said restrictions shall be posted at
the Prior Lake City Hall.
Said restrictions shall be promptly removed when high water levels have
subsided.
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Section 10. Placement of Structures or Obstructions.
Subd. (1). All swim platforms and devices which do not extend from shore
are to be removed from the water no later than November 1 of each year and are
to be placed in the water no earlier than May 1 of each year.
Subd. (2). Floating docks, structures, mooring buoys or watercraft
anchored away from shore between the hours of sunset to sunrise must be provided
with adequate reflectors to be visible from all directions.
Subd. (3). Floating docks, structures, mooring bouys or watercraft
anchored away from shore must have a reflectors and a permit with the permit
number posted and visible.
Section 11. Aircraft.
Subd. (1). Any person operating an aircraft shall maintain the same
distances from specified areas and activities as set forth herein for watercraft.
Subd. (2). It shall be unlawful for any person operating an aircraft to
practice landings, touch and go landings or to taxi the aircraft except for take-off.
Section 12. Enforcement.
Subd. (1). Officers of the Scott County Sheriffs Department and persons
selected and trained by the Scott County Sheriff to be a part of the Sheriff's Water
Patrol shall be authorized and entitled to enforce this Ordinance.
Subd. (2). The Sheriff's Water Patrol shall have the right to require
persons acting in violation of this Ordinance to leave the area.
Subd. (3). The Scott County Sheriff shall have the authority to revoke any
permit for good cause. Any permit may be revoked upon violation by the permittee
of this Ordinance.
Subd. (4). The Sheriffs Water Patrol shall have the right to place buoys
for safety, to designate no skiing areas in small bays and to post speed limits at
narrow channels.
Subd. (5). The Sheriffs Water Patrol shall have the right to remove from
the water any structure, watercraft or other obstruction which is in violation of
this Ordinance.
Section 13. Penalty.
Subd. (1). Any person violating any provision of this Ordinance shall be
guilty of a misdemeanor and shall be punished by a fine not to exceed seven
hundred ($700) dollars, together with taxable costs, or by imprisonment for a period
not to exceed ninety (90) days, or both.
Subd. (2). An owner may be found guilty of violation of this Ordinance if
a watercraft bearing the owner's registration number is operated contrary to the
provisions of this Ordinance and shall be punished by a fine not to exceed one
hundred ($100) dollars.
Section 14. Exemption.
Subd. (1). Authorized resource management, emergency and enforcement
personnel when acting in performance of their duties shall be exempt from the
restrictions in this Ordinance.
Subd. (2). Nothing in this Ordinance shall prevent the Scott County
Sheriffs Water Patrol from performing their assigned duties.
Section 15. Miscellaneous.
Subd. (1). The provisions of this Ordinance shall be deemed to be
severable and the invalidity or unenforcability of any provisions shall not affect the
validity and enforcability of the other provisions hereof.
Subd. (2). This Ordinance may be amended from time to time. The
procedure for amending this Ordinance is the same as prescribed by law for its
adoption.
Subd. (3). Ordinance Number 9, adopted August 27, 1974 and Ordinance
Number 10. edooted June 7. 1977. are hereby repealed.
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Subd. (4). Nothing contained in this Ordinance shall be deemed to
consent, license or permit to locate, construct or maintain any site, facility or to
carry on any activity.
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Recommendations for Additional Staffing for 1986
DATE: March 27 , 1986
Introduction
During the 1986 budget process the City Council received requests
for an additional seven full-time equivalent positions from
department heads and various board and commissions. City Council
identified $68 ,700 that was available for funding additional
staffing which was insufficient to meet the request for the
additional seven positions. Because there was no consensus
regarding which position should be funded Council authorized
a study costing out City services and analyzing staffing needs
j which was completed by Ernst and Whinney. That report is now
completed and has been reviewed by all department heads. The
report will be presented to City Council at its April 1 , 1986
meeting.
Report Findings
The Ernst and Whinney report provided Council with an analysis
of the cost of public services and staffing needs. The section
on staffing needs is addressed in this memorandum because the
City has several personnel positions that need to be filled
quickly.
The Ernst and Whinney report does not present Council with a
blueprint outlining which particular personnel positions should
be filled to meet service demands on the various departments .
Rather, the report analyzes current work load based upon a full
time equivalent (FTE) unit of measure. The summary of their
findings is provided on table XIV on page 40 which is attached.
The key findings were that the City of Shakopee overhead costs
for 1985 were approximately 140, an "impressive" number according
to Ernst and Whinney indicating that the City has been operating
efficiently" . The study also found that the Racetrack resulted
in additional workloads for most of the City' s departments in
1985 and that this will continue in 1986 for Community Development,
Building and Inspections, and the Police Department. The consultants
found that there were significant increases in departmental
staffing requirements during the second and third quarter for
nearly all departments. This phenomenon is clearly illustrated
in table XIV.
The consultants, when reviewing their report with department
heads, stated that specific recommendations regarding staffing
should come from City staff based upon the findings in their
report.
Staffing Recommendations
After reviewing the consultant ' s report and discussing alternative
methods by which City staff could present a recommendation to
City Council , it was the consensus of department heads that
we should use a process similar to that used when preparing
the annual budget. Specifically, after departmental requests
are made known to the City Administrator , the Administrator
will evaluate the requests and make a recommendation to City
Council. The recommendations that follow are, therefore, my
recommendations as City Administrator and they are based upon
the information I have obtained from the consultant ' s report.
From table XIV ( attached) 1 have drawn some general conclusions.
They are as follows :
I . Only three departments are experiencing staffing shortages
for all four quarters - City Clerk, Building/Inspections
( includes janitorial) and Community Development.
2 . Staffing demands exceed. available personnel in nearly every
department during the second and/or third quarter.
3 . Looking at the individual positions in each department
it is clear that we exceed the . 8-1 . 25 FTE for clerical
fairly consistantly in the City Clerk, Building/Inspections
and Community Development Departments.
4 . That it is highly likely that the third quarter statictics
in the Police Department will occur during part of the
second quarter in 1986 because of the Racetrack.
S. The City' s overhead factor of 14% is indeed very low.
6 . The City should creatively seek to find nontraditional
ways to address our second and third quarter staffing needs.
Based upon the six findings listed above I recommend that we
hire an entry level Planner for Community Development and make
the existing contractual position (Barry) a permanent position
for a net increase of 1 . I recommend that the contractual Building
Inspector ' s position currently shared 50/50 with Scott County
be made a permanent position with a continuation of the 500
sharing arrangement with Scot County. I recommend the hiring
of a receptionist/typist to relieve all three Citv Hall secretaries
in the front office of many of their more routine functions.
This will also facilitate the relocation of at least two of
the secretaries so that they can be placed near their departments
which would address a specific finding the consultants made
regarding Community Development and the City Clerk ' s department.
I recommend that we hire one additional police officer this
year with a goal of creating a reserve officer slot to be filled
on a seasonal part time basis ( second and third quarter) by
a soon to be retiring police; sergeant on a contractual basis.
I recommend that we only hire seasonal inspection employees
as presently recommended by the City Engineer and recently approved
by City Council. I recommend that we seek seasonal Public Works
employees similar to those hired by Engineering and/or seriously
investigating the possibility of supplemental contractual services
during the second and third quarter similar to what we do for
snow removal during the winter months. The recommendations
listed above are outlined in the attached worksheet from the
Finance Director dated March 27 , 1986 .
Also included in that worksheet is a status report on the City' s
1986 contingency fund. In examining the status report on the
contingency balance Council should also consider the availability
of unappropriated fund balances. As of 12/31/85 , the City' s
unaudited fund balance was $1 ,485 , 000 or approximately 40o which
is again slightly above our 25 to 30o target range.
Finally, with regard to financing, the Council should make only
preliminary or partial decisions regarding staffing until the
1986 legislature provides the State with a budget bill. A special
session to approve such a bill is anticipated during the first
week in April.
Alternatives
The possible staffing combinations that could be presented to
City Council are infinite. Therefore, I have made no attempt
to outline specific alternatives and recommend that any alternatives
that result from Council discussion be jotted down and presented
in written form at a subsequent meeting.
Recommendation
It would be my preference to give Council several meetings to
discuss and digest the recommendations I have made based upon
the consultants report. The problem is that we need to hire
a police officer and a Community Development Director immediately.
Because we need to fill these two positions I have put together
my recommendations so that they could be submitted to Council
at the same time it receives the formal presentation by the
consultants on their Costing and Staffing Study. It would be
my recommendation that Council authorize the hiring of a police
officer and a new Community Development Director no later than
its April 8th special meeting.
The Council should also understand that the reorganization of
City Hall offices will be affected by some of the staffing recom-
mendations suggested above and cannot be fully implemented until
the staffing decisions are made.
Action Requested
1. Direct the appropriate City officials to select one new
police officer through the Minnesota Police Officers Recruitment
Program.
2 . Authorize the appropriate City officials to advertise for
a new Community Development Director based upon the job
description outline provided in John Anderson' s memo dated
March 27 , 1986 ,
3 . Discuss and possibily make hiring recommendations on the
balance of the recommended positions listed above.
JKA/jms
March 27, 1986
Top Late 1986
Position Wage Start Start Benefits Cost
----------------------------------------------------------------------
Planner 18,000 13,500 10,125 3,375 13,500
Bldg. Inspector -1/2 time 13,110 3,278 16,388
Receiptionist/typist 14,700 11,025 8,269 2,756 11,025
Police Officer 22,668 17,001 12,751 4,250 17,001
Eng. Inspectors, seasonal 16,000 16,000 1
P. W. Seasonal use existing part time budget (11,000)
73,914
1986 Contingency 185,700
Comparable Worth (20,000)
New Hires (68,700)
True contingency 97,000
i Planning Study (37,000) 2
Staffing Study (27,000) 3
Police microfilming (2,700)
Transportation Donation (10,500)
Comm. Development temp help (700)
City Hall roof (3,300)
River Trail cleanup (15,000) 4
Balance 800
1) Charged to projects to create offsetting revenue.
2) Charge to unappropriated fund balance.
3) Charge to unappropriated fund balance.
4) The City is attempting to defray part of the $15,000 with
contributions from property owners and civic groups.
MEMO TO: Mayor and Council
FROM: John K. Anderson, City Administrator
RE: Reorganization of Community Development
Department Positions
DATE: March 26 , 1986
Introduction:
When Don Steger left as City Planner the City consolidated
the separate Planning and Housing and Redevelopment Authority
(HRA) departments. With the departure of Jeanne Andre, Council
has the opportunity to explore further consolidation of City
departments and/or the reorganization of activities within the
Community Development Department. The purpose of this memo
is to provide Council with a guide in exploring alternatives
for reorganization.
t Background:
When Don left I prepared a memo dated Sept. 16 , 1983 outlining
reorganization options. That memo lead to the consolidation
of the Planning and HRA departments. The same memo outlined
a longer term goal consolidating the Building Department with
Community Development. When Jeanne told me she was leaving,
I immediately began discussing this alternative with LeRoy Houser
our Chief Building Inspector. After several discussions about
the pros and cons of such a consolidation, LeRoy decided he
was not interested (note I was only considering the consolidation
in terms of eliminating a department head position which meant
that my discussions with LeRoy were focused on him taking the
position of Community Development Director) .
The elimination of the possibility of further departmental
consolidations left internal departmental reorganization as
the only other alternative. Therefore, I met with Barry Stock
and Judi Simac on several occasions to explore how the department
might best be restructured both from the City' s point of view
and from their personal point of view. After roughing out basic
job descriptions that place each of them in the department head
position and a new hired person in the department head position,
I am recommending the latter. The reason for this approach
are outlined in the tables that follow:
Table I Present Departmental Structure
Position Filled By
Community Development Director Vacant
Planner Judi
Administrative Intern Barry
Secretary Toni
Total 4 positions
Table II Major Community Development Activities
With Present Capabilities Rated
Activity Strong/Ave. /Weak
1. Downtown Redevelopment:
Planning Activites Strong
Loans/Pvt. Rehabs Weak
2 . HRA Functions Ave.
3 . T. I .F. Functions Strong
4 . Bldg. Permit Review ( incl. signs) Strong
S . Transit Admin. Strong
6 . Community Dev. Grant Received weak*
7 . Zoning Admin. Strong
8 . Recycling Strong
9 . ICC Ave.
10 . Cable:
Local Access Weak
Admin. Oversite Ave.
11. Planning:
Long Range Weak
Short Range Strong
12. Economic Development:
Commercial Strong
Industrial Ave.
Residential Weak**
13 . Computerized listing of parcels Weak
* The City of Shakopee was 1 grant away from funding twice
and may simply not be fundable for reasons out of our control.
** The City did receive funding for a residential development
program but it has not been utilized most probably due
to interest rates .
I have reviewed the activity areas listed as weak. I have
asked myself if existing departmental personnel can best fill
our needs or if we might find the needed skills more readily
by specifically advertising for them. I concluded that we could
meet our needs much sooner if we went out and hired someone
with the necessary skills rather than training our existing
personnel which is what we did when we made Jeanne the director.
The job description for 'the Community Development Director
would be altered to focus on demonstrated success with commercial
rehab loans, obtaining grants , promoting residential development
and ;port authority experience. The first three items would
be included based upon Table II and the last items based upon
legislation passed by the 1986 State Legisltaive Session creating
a generic Port Authority Law for cities to use without special
legislation.
Alternatives:
1. Council can advertise for a Community Development Director
w/o any changes in the job description or the departmental
structure. This avoids the risks that come with change.
( See current job description attached)
2 . Council can advertise for a Community Development Director
based upon the new job description outlined in Table IV
without the additional position of Planner I or its equivalent.
This would address some of the "weaknesses" listed in Table
II . It would provide no relief from the departments current
work load just a shift in priorities.
3 . Council can advertise for a Community Development Director
based upon the new job description and then a Planner I
when the Ernst and Whinney Study is reviewed and staffing
recommendations agreed upon.
Recommendation:
The present Community Development Department staff and
I recommend alternative #3 for the reason dicussed in this memo.
Action Requested:
1. Direct the City Administrator to advertise for a Community
Development Director based upon our present department
head pay scale and the new job description outlined in
this memo.
2 . Direct the City Administrator to advertise for a Planner
I based upon the job description outlined in this memo.
Attachments
tw
POSITION DESCRIPTION
s
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 services ; 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 compatability and consistency of development proposals
with City development goals/plans .
-- 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 .
,rector Planning & Community Development
.,Wage 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
i, continuing effectiveness in the achievement of City objectives .
Prepares and administers departmental budget , 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
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
i plans will -be assessed by timeliness of plans and consistency of
recommendations for development with overall plan.
Ability 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
level o.f personel cooperation and effectiveness , efficiency and
economy of operating the department .
Capacity to work with builders and developers in City will be deter-
mined by ability to represent and communicate City positions on
specific economic development proposals and general planning issues
such that they are understood by the parties involved.
,erector Planning & Community Development
lage Three
}
Supervision of Others
Direct supervision over Planner II 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 .
Must 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.
Yk
Table III Suggested Departmental Structure
Position Filled By
Community Development Vacant
Planner II Judi
Planner I Vacant*
Economic Development Specialist Barry
Secretary Toni
Total 5 positions
* Based upon the staffing needs analysis from Ernst and Whinney,
budget requests from the ICC and Planning Commission, the
ICC' s Star City goals to be presented to Council April
8 , 1986 and general development activity, I am recommending
that one of the new positions created be in the Community
Development Department.
E New Community Development Descriptions
My first priority was to match the skills of existing personnel
with our needs and then to "fill-in" the voids with new personnel
having skills that meet our needs not matched with the skills
of existing personnel. This matching process blended the City' s
need to address our areas of weakness as noted in Table II and
the desires of existing personnel to expand the duties into
some new areas to broaden their skill and thus enhance their
resumes. To accomplish this I 've tried to put the skills we
don' t have in the directors job description where we' ll have
the best chance to secure them because of the salary level,
and I 've taken routine duties away from Judi and Barry so they ,
can branch out into new areas. Table IV matches duties with
positions to accomplish this goal.
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intr,lu TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Relocating of City Offices Within City Hall
DATE: March 27 , 1986
Introduction
The Shakopee City Council, based upon a requested submitted
by the Community Development Director, chose not to rent the
second floor of City Hall when it was vacated by the Job Service.
Council took this action to make the space available for the
relocation of City Hall offices to: ( 1 ) increase the space available
to improve working conditions, ( 2 ) increase the availability
of spaces for conferences and meetings with the public, and
( 3 ) accomodate possible additional personnel based upon the
recommendations of the staffing study by Ernst & Whinney.
Background
Several alternative City Hall office relocation schemes were
developed by the affected City Hall department heads. The final
three alternatives selected were selected based upon their ability
to address items 1 through 3 listed in the introduction above.
Alternatives
Plan I - Community Development moves upstairs
From To
Jeanette Mayor/Conference Room
Mayor Jeanne ' s office
John No change
Judy No change
Conference Room Judi ' s office area with construction
of a wall
Note, no other offices or rooms need to have their uses changed.
This plan would provide for new offices upstairs for Community
Development, one of which would be a small conference room.
Also possible would be the placement of an accordion door at
the rear of the Council Chambers to create a second meeting
room area.
Plan II - Finance Department moves upstairs, Clerk and Administrator
move to Finance and Community Development expands into Administ-
ration.
Plan; II ( a)
From To
Mayor/Conference Room Upstairs conference room*
John Gregg' s office
Judy Marilyn ' s office
Jeanette Eileen ' s office
LeRoy Expands into Toni ' s office area
*Note: The conference room can be moved upstairs and the Mayor ' s
office could be moved into Eileen ' s office where Jeanette could
function as his secretary along with John and Judy' s .
Item II (b)
From. To
John Gregg' s office
Judy Marilyn ' s office
Mayor/Conference Room Eileen' s office
Jeanette No change
LeRoy Expands to Toni ' s office area*
*Note: If a new receptionist were hired LeRoy would not be able
to expand into this area.
Plan II (c )
From To
John Gregg' s office
Jeanette Marilyn ' s office
Mayor/Conference Room Eileen ' s office
Judy Lunchroom
Lunchroom Upstairs
LeRoy Expands to Toni ' s office area
Note,: Community Development would expand into Administration
in Plan Iia-c as outlined in Plan III below.
Plan III - Administration plus Mayor/conference move upstairs
and Community Development expands into Administration.
From To
Jeanne John ' s office
Judi Jeanne ' s office
Barry Judy' s office
Toni Mavor/Conference room
LeRoy Expands to Toni ' s office area
Finance No change
Barry, & Judi ' s offices New Community Development employee
or conference room
i=,:;coiunendation
The City Hall department heads , after meeting to discuss these
alternatives on several occasions , recommend alternative 2.b.
The final recommendation of the department heads was influenced
by two major criteria: ( 1 ) frequency of departmental contact
with public and ( 2 ) the frequency of interaction between depart-
ments. Based upon the three goals in the introduction and the
two just listed it became clear that alternative plan 2 .b. would
work the best. Enhancements to alternative 2 .b. could include
a small conference table in the City Administrator ' s office
and the accordion curtain in the back of the Council Chambers
to provide additional conferencing areas on the first floor.
Finance would also create a conference area on the second floor
since conference space has been at a premium.
This department head recommendation is being reviewed by all
City Hall employees and any additional considerations will be
presented to Council on Tuesday.
Action Requested
1. Authorize the appropriate City officials to present Council
with cost estimates to refurbish the second floor to accommodate
one conference room and the Finance Department.
2. Authorize the appropriate City officials to prepare a final
cost estimate for the relocation of all offices as outlined
in alternative plan 2.b. with the extra meeting room enhance-
ments provided in the Council Chambers.
JKA/jms
abz `20, John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk` . ;
RE: Resolution of Appreciation to Jeanne Andre
DATE: March 27 , 1986
Introduction and Background
The attached resolution was prepared as Council ' s request thanking
Jeanne Andre for her years of employment with the City of Shakopee.
Alternatives
1. Adopt resolution.
2. Defeat resolution.
Action Recommended
Offer Resolution No. 2538 , A Resolution of Appreciation to Jeanne
Andre, and move its adoption.
JSC/jms
q a-/
RESOLUTION NO. 2538
A RESOLUTION OF APPRECIATION TO JEANNE ANDRE
WHEREAS, Jeanne Andre has served as an employee of the
City of Shakopee since December, 1979 until April, 1986 in the
capacity of HRA Director/Administrative Assistant and during
the past two and one-half years in the capacity of Community
Development Director; and
WHEREAS, during her tennure Jeanne has worked closely with
members of the Planning Commission, Cable Communications Commission,
Industrial Commercial Commission, Energy and Transportation
Commission, Downtown Committee and the Housing and Redevelopment
Authority, and
WHEREAS, during this time Jeanne supervised the 4th and
Minnesota Community Development Block Grant Revitalization Project,
worked closely with the Cable Communication Commission in its
selection and recommendation of a cable franchise, put together
a Shakopee brochure for the ICC Day in 1985 , and has spent many
hours working with the Downtown Committee in their efforts to
establish a downtown economic development strategy, and .
WHEREAS, Jeanne has worked many long hard hours, in excess
of a regular work week, attending meetings and providing input
for these various committees, as well as attendance at numerous
Council meetings, and
WHEREAS, Jeanne was always available to lend a helping
hand to her fellow employees; and
WHEREAS, Jeanne has accomplished all this while representing
the City of Shakopee in a warm, sincere, professional manner.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, in behalf of the entire community that it
hereby extends to Jeanne Andre the profound gratitude and heartfeld
appreciation for her years of dedicated service to the City
r of Shakopee.
BE IT FURTHER RESOLVED that good wishes of the grateful
people of Shakopee follow Jeanne Andre in her future endeavors
both personally and professionally.
Resolution No. 2538
Page Two
Adopted in session of the City Council of
the City of Shakopee, Minnesota, held this day of
1986 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this day
1986 .
City Attorney
7t)
Yi :�C3 `O: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk ;
RE: Resolution of Appreciation to LeRoy Heitz
DATE: March 27 , 1986
Introduction and Background
The attached resolution was prepared as Council ' s request thanking
LeRoy Heitz for his years of employment with the City of Shakopee.
Alternatives
1. Adopt resolution.
2. Defeat resolution.
Action Recommended
Offer Resolution No. 2539, A Resolution of Appreciation to LeRoy
Heitz, and move its adoption.
JSC/jms
RESOLUTION NO. 2539
A Resolution of Appreciation to LeRoy Heitz
WHEREAS , LeRoy Heitz has worked for the City
of Shakopee as a parttime building inspector for the
past one and one-half years ; and
WHEREAS, during his employment, LeRoy took his
responsibilities seriously and performed them in
a conscientious manner; and
WHEREAS, LeRoy well represented the City of
Shakopee during his employment.
NOW, THEREFORE BE IT RESOLVED that the Shakopee
City Council does hereby extend a token of thanks
and appreciation to LeRoy Heitz for his dedication
and hard work during his employment with the City
of Shakopee and wishes him well in his future
endeavors.
Adopted in regular session of the City Council
of the City of Shakopee, Minnesota, held this
day of 1986 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1986 .
City Attorney
tR 0V E7 D � b
LAW OFFICES WAR 3 11986
KRASS & MONRO3
CHARTERED
Marschall Road Business Center
Phillip R. Krass 327 Marschall Road
Dennis L. Monroe P.O. Box 216
Barry K. Meyer Shakopee, Minnesota 55379
Trevor R. Walsten Telephone 4455080
Peter L. Cooper
Elizabeth B. McLaughlin Livery Building
218 Pine Street
Bryan Wm. Huber
Susan L. Estill P.O. Box 316
March 28, 1986 Chaska. Minnesota 55318
Telephone 4487666
CONFIDENTIAL MEMORANDUM
TO: The Honorable Mayor and City Council Members
City of Shakopee
FROM: Phillip R. Krass
RE: NSP Utility Lawsuit
Our File No. 1-1373-188
Dear Mayor and City Council:
I have been discussing the status of our lawsuit with NSP's attor-
ney. The lawsuit was somewhat difficult to structure since I did not want
to pay NSP the money first for fear of waiving our rights to sue them for
it later. Consequently, I filed the lawsuit in terms of getting a declara-
tory judgment requiring them to move the poles. The problem with this
approach is that if failure to move the poles threatens our State Aid
Assistance, we will have muddied up the water considerably.
I have been negotiating with NSP's lawyer and we are in agreement,
subject to your approval, to the following: We will pay NSP now and they
will accept the money and move the poles, reserving to us the right to sue
them to obtain a refund of the money. This "reservation of rights" will
allow us to get the job done now without waiving our right to obtain a
refund later. I am strongly recommending we do this because it clarifies
the legal issue considerably. Moreover, I am informed by NSP that while
they have crews available for the next three weeks, after that they are
going to be very busy and will have trouble moving the poles.
REQUESTED ACTION: I am requesting that by motion you authorize
the payment of the requested fee from NSP and authorize me to forward to
them with correspondence reserving our right to attempt to recover that
fee.
Very truly yours,
KRASS & MONROE CHARTERED
Phillip R. Krass
PRK:mj
tCEIVE® IE)(--
MAR
OMAR 110
CITY OF SHAKOPEE
April 1, 1986
City Administrator
Shakopee City Hall
129 First Avenue East
Shakopee, Minnesota 55379
I
Dear John Anderson:
The League of Women Voters of Shakopee is celebrating its tenth
anniversary this year. We are having a gala event on April 17 with
a silent auction as a main attraction. We are asking for community
support through donation of auction items_
The League would be most appreciative if the City could donate a
family swimming pass at the Shakopee pool . Anything donated is, of
course, tax-deductable.
Invitations to this event will be sent out seperately. Hope to
see you there!
Sincerely,
Lill Abeln
Auction Committee
League of Women Voters of Shakopee
1
i