HomeMy WebLinkAbout09/02/1986 MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: August 28 , 1986
1. Gloria Vierling has been appointed to the Technical Advisory
Committee on rules relating to waste water treatment
facilities for the Minnesota Pollution Control Agency as a
representative of the Association of Metropolitan
Municipalities (AMM) .
2 . In order to reduce publication costs, Council approved
printing a condensed version of the Council minutes. When
doing so, Council asked for an update on the procedure after
six months. Since the printing of the condensed minutes, no
one has contacted Judy Cox requesting a copy of the complete
minutes. If you have received comments about the
abbreviated minutes you should speak to Judy. If we do not
hear from Council members we will make the assumption that
we can continue with the condensed version of the City
Council minutes.
3 . The Shakopee Area Catholic Schools are applying to the State
Gambling board for a Lawful Gambling Exemption. The City
Attorney has reviewed their application and has found that
they meet the requirements of the City code regarding
gambling. If you have any questions please contact Judy Cox
(application attached) .
4 . Attached is thank you letter to Tom Brownell from Rusty Rein
the President of Students Against Drunk Driving.
5 . Attached is a thank you letter from Paul Fjare thanking City
staff for helping their firm obtain a Health Department
permit for the septic system proposed for the Backstretch
R.V. Park and Campground. Judi Simac and Ken Ashfeld are
the two staff people who deserve the thank you. With permit
in hand they plan to break ground on September 8th.
6 . Attached is a memorandum from Judy Cox regarding the Weiss
Company MGM Liquors liquor license.
7 . Attached is a copy of a District Court summons regarding a
complaint against the Shakopee Police Department. This
particular complaint is being handled through our normal
litigation process. Anyone with specific questions
regarding the complaint can talk to Tom Brownell.
8 . Attached is the agenda for the League of Minnesota Cities
regional meetings. I was in error when I said that the
closest meeting was in Eagle Lake on September 4th. The
closest meeting is in Medina at the Medina Ballroom on
Wednesday, September 17th. Also attached is an invitiation
from the City of Medina that should be sent to Jeanette or
Julie if you plan to attend.
9. Attached is the monthly calendar for the month of September.
Please hold September 30th open for a possible budget
worksession.
10 . Attached is the monthly bond newsletter from from Ehlers and
Associates , Inc.
11 . Attached is the agenda for the Planning Commission meeting
on September 4, 1986. We have not attached the agenda for
the Board of Adjustment and Appeals because there was no
action other than approval of the minutes of the last
meeting.
12. Attached is the monthly Engineering Report for the month
ending August 31 , 1986 .
13 . Attached are the minutes of the August 7 , 1986 meeting of
the Shakopee Planning Commission and the Board of Adjustment
and Appeals.
14 . Attached are the minutes of the August 13 , 1986 meeting of
the Downtown Ad Hoc Committee.
JKA/jms
Minnesota Charitable Gambling Control Board LAWFUL GAMBLING EXEMPTION
Room N475 Griggs-Midway Building FOR BOARD USE ONLY
1821 University Avenue
St. Paul, MN 55104-3383
«; (612) 642-0555
INSTRUCTIONS: 1. Submit request for exemption at least 30 days prior to the occasion.
2. When completing form, do not complete shaded areas.
3. Give the gold copy to the City or County. Send the remaining copies to the Board. The copies will be
returned with an exemption number added to the form.When your activity is concluded; complete the
PLEASE TYPE financial information, sign and date the form, and return to the Board within 30 days.
License Number(If currently or previously licensed)
Organization Name
Address City,County,State,Zip Code
Chief Executive Officer's Name Phone Number Manager's Name Phone Number
Type of Organization If Other Nonprofit Organization(Check One)
❑ Fraternal ❑ Veterans ❑ IRS Designation
❑ Religion ❑ Other Nonprofit Organization ❑ Incorporated with Secretary of State
❑ Affiliate of Parent Nonprofit Organization
s
Name of Premises Where Activity Will Occur Date(s)of Activity
Premises Address
Games Yes No Gross Receipts Value of Prizes Expenses Profit
Bingo
Raffles
Paddlewheels
Tipboards
Pull-Tabs
Use of Profit
Distributor From Whom Gambling Equipment Acquired Distributor's License No.
I affirm all information submitted to the Board is true, accu- r1affirm all financial information submitted to the Board is
rate, and complete. e, accurate, and complete.Chief Executive officer Signature Date ef Executive Officer Signature Date
ACKNOWLEDGMENT OF NOTICE BY LOCAL GOVERNING BODY
I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice
that this application will be reviewed by the Charitable Gambling Control Board and will become effective 30 days from the
date of receipt (noted below) by the City or County, unless a resolution of the local governing body is passed which specifi-
cally disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 30
days of the below noted date.
CITY OR COUNTY TOWNSHIP
Name of Local Governing Body(City or County) Township Name(Must be notified when County is the approving body)
Sig u of Person R eiving Ap licati Signature of Person Receiving Application
tt
Title Date Received Title Date
Canary—Board returns to Organization to keep
CG 00 2 -01 14!861 White—Board
Pink—Organization Gold—City or County
1 _ C�
Dear Mr. Brownell,
I would like to thank you for your support this year.
There are some things we could not have done without your support,
such as: excepting the responsibilty to have one of your fine officers
open St. Johns church on weekends for our use, I strongly believe that
you,and your officers have other responsibilties to attend to,but,you
were always there when you were called on.
Your officers became very interested in our orgainization, thair intrest
was somthing we looked for ofton, and we found their support inportent.
This year, 2 of your officers did some special work for us, officer
Carlson,who came to speak to our orgainization on the problums of the
drunk driver, and how the drunk driver plays a big part of his carrer.
Officer Nelson, who came up to the community services night to answer
questions that we, and the community had on the drunk driver,and the
laws that involve alcohol. Officer Nelson also helped us in a tapping
of a mock alcohol related accident,we also had cooperation from MN State
Patrol, St. Francis Medical Center, And the Shakopee Fire Dept. This tape
will be used for educational purposes.
Again, thankyou for your support in our orgainization this year.
sty Rein
85 SS. D.D. President
1
August 28 , 1986 C
C
an
Mr. John Anderson, City Administrator
City of Shakopee
Shakopee City Hall
129 East First Avenue
Shakopee, MN 55379
Re: Backstretch R.V. Park and Campground
B&A Job #86-06
John:
On behalf of Mr . Jack Van Remortel and our project staff, we want
to thank you for your endless support and for your letter to the
Minnesota Health Department regarding the Backstretch R.V. Park
and Campground. Your letter was most important in the decision
reversal by Charles Synder .
It certainly has been a pleasure working with you and your staff
and we look forward to working with you on future projects .
B UER & AS IATES LTD.
.C,tisu � vvl� �
Paul S. Fjar , M.L .A. Diane J. Klausner
President Graduate Landscape Architect
cc: Jack Van Remortel
N
$A
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7901 Flying Cloud Drive, Eden Prairie, Minnesota 55344 ❑ (612) 941-1660
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk �',�
RE: Weiss Company - MGM Liquors
DATE: August 26, 1986
The check from the Weiss Company to the Scott County treasurer
for payment of the first one-half of 1986 taxes did not clear the
bank. I talked with Mr. Brad Weiss today and reminded him that
payment was a prerequisite to getting his license renewed. He
advised me that he is making arrangements with the County
Treasurer' s office to make a payment each week for the following
three weeks. I advised him that I would bring the Council up to
date and that if he did not make good on the delinquency, Council
may take action giving him a deadline for payment followed by a
public hearing to consider suspension of his license. If payment
is not made by September 15th this item will be put on the
September 23rd Council agenda.
If Council does not wish to wait until September 23rd, Council
could make a motion at this meeting directing staff to give
notice that if payment is not made by a specific date (give date)
Council will set a date for a public hearing to consider
suspension or revocation of the license.
JSC/JB
I
AO 440 (Rev.5/85) Summons in a Civil Action ® Judge MacLaugh,
ni 't 7
Mates Pistrid T
— DISTRICT OFMINNSQT--A FQURT.u_DIVISION
Charles LaVerne Meyer , Son;
by LaVerne Meyer , Father; SUMMONS IIT A CIVIL ACTION
Plaintiff ,
CASE NUMBER: 4-86-673
V.
City of Shakopee; County of
Scott ; Deputy Richard Breu;
Officer D . Nelson ; and
Officer Hano,
Defendants .
TO:(Name and Address of Defendant)
City Clerk
City of Shakopee
Shakopee, Mn. 55379
YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon
PLAINTIFF'S ATTORNEY(name and address)
3�illiam F .Kelly
1 Second Street
Excelsior , Minnesota 55331
an answer to the complaint which is herewith served upon you, within 20 days after service of
this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken
against you for the relief demanded in the complaint.
FRANCIS $. D08AL August 21, 1986
CLERK DATE
ov ncm rry ri cDv �.,n;
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
FOURTH DIVISION
Civil Action No. C 7:3
Charles LaVerne Meyer, Son ; )
by LaVerne Meyer , Father; )
Plaintiff, )
VS . ) COMPLAINT
City of Shakopee ; County of ))
Scott ; Deputy Richard Breu; )
Officer D.Nelson ; and )
Officer Hano , )
Defendants . )
Plaintiff for his claim for relief states and alleges :
I.
That defendant Deputy Richard Breu was a Scott County Deputy
Sheriff on duty at the time of the incident herein. Defendant
Deputy Richard Breu is no longer a Scott County Deputy Sheriff .
II .
That defendant Officer D. Nelson was a Shakopee police
officer on duty at the time of the incident herein. Defendant
Nelson is currently employed by the Shakopee Police Department,
Shakopee, Minnesota 55379 .
III .
That defendant Officer Hano was a Shakopee police officer on
duty at the time of the incident herein. Defendant Hano is
currently employed by the Shakopee Police Department , Shakopee,
Minnesota 55379 .
IV.
That at approximately 1 a.m. August 28 , 1985 , the Plaintiff ,
a juvenile age 16 , was riding a ten speed bicycle in a Westerly
direction on First Street in the City of Shakopee.
V .
That Officer Nelson of the Shakopee Police Department
stopped the Plaintiff at or about the intersection of First and
Lewis Streets in the City of Shakopee.
VI .
That while in the custody of Shakopee Police Officer Nelson,
Deputy Sheriff Breu of the Scott County Sheriff ' s Department
came to the scene .
VII .
That Deputy Sheriff Breu then intervened , placed the
Plaintiff against a squad car and spread his legs apart . Deputy
Breu then kicked the Plaintiff several times in the legs and
groin . Deputy Breu grabbed Plaintiff ' s hair , yanked his head
back, and slammed his forehead against the. roof of.- the car
several times .
VIII .
The Plaintiff asked for help from a second Shakopee Police
Officer present , Officer Hano . Officer Hano refused to assist
and stated that the Plaintiff should be picked up and dropped on
his head ten more times . Shakopee Officer Nelson failed to
intervene .
IX.
That the officers and deputy accused. the Plaintiff of being
drunk. No tests were given for inebriation . The Plaintiff was
then thrown in the back seat of a squad car and taken directly to
a detox center where he was held for 72 hours . This action was
taken despite the Plaintiff ' s request to be taken to the police
station or his home because he was not drunk.
X.
That as a result of these actions by Scott County Deputy
Sheriff Breu and Shakopee Police Officers Nelson and Hano , the
Plaintiff was injured and has required therapy and treatment .
XI .
That Defendant ' s actions constitute a deprivation of the
Plaintiff ' s substantive constitutional rights of freedom of life
and liberty , in violation of 42 U . S . C. 51983 .
(2)
1
WHEREFORE , Plaintiff demands judgment against defendants
for :
1 . Damages in excess of $10 ,000 .
2 . Punitive damages in excess of $20 ,000.
3 . Costs , disbursements , and reasonable attorney ' s fees
pursuant to 42 U . S . C. 51988 .
PLAINTIFF ALSO DEMANDS :
1 . This case tried before a jury .
Dated: WILLIAM F. KELL .,& ASSOCIATES
By :
W il 1-ide-F K e-11 y
Attorney for Plaintiff
Attorney I . D. No . 54938
351 Second Street
Excelsior , MN 55331
(612) 474-5977
(3)
A
ILL, 111
IEEE
10 league of minnesots cities
Regional Meeting Agenda
Afternoon Session
2:30 - 4:30 pm
1. Status Report of LMC Legislative Committees
2. Update on Insurance Issues
a. League of Minnesota Cities Insurance Trust
b. Tort Liability Changes
3. Question/Answer Session
Table Talk Session
5:00 - 6:30 pm
City officials will be able to visit with representatives
from the Department of Transportation, Department of Energy
and Economic Development, Department of Natural Resources,
Department of Health and the Pollution Control Agency.
Evening Program
6:30 - 9:30 pm
1. Dinner
2. Welcome by Host City
3. LMC President's Comments
4. City Policy Issues
5. Question/Answer Period
Brief Comments by Legislative Candidates
1 80 university avenue east, st. paul. minnesota 551 01 (01 2) 227-5600
g
City of Medina RECEIVED
2052 County Road 24 AUG 2 5 1986
Hamel, Minnesota 55340 CITY OF 0!-F1.A4'aPEE
July 25, 1986
To Mayors, Councilmembers, all other City officials and their Spouses:
I wish to extend to you a cordial invitation to attend the League of
Minnesota Cities' regional meeting to be held at the Medina Ballroom,
500 Highway #55 in the City of Medina on Wednesday, September 17, 1986.
Beginning at 2:30 p.m. there will be a discussion on tort liability, tort
reform, the new LMC bond programs, and a question/answer period. There
will be a social/cocktail hour following the afternoon program, during
which time several Minnesota state agencies will be available during
table talk sessions to answer questions from City officials. Dinner will
begin at 6:30 p.m. at a cost of $10.00 each, including gratuity.
After dinner there will be a discussion of the League' s legislative
policies for the 1987 legislative session. City officials will be asked
for their input to these policies. Legislators and legislative candidates
have been invited to attend. Adjournment will be no later than 9:30 p.m.
To expedite registration, please complete the form below and include a
check for the number of dinner reservations you wish to make for your
city, and return to the above address.
If a registration must be cancelled or if you wish to make a last minute
reservation, please notify Donna Roehl at 473-4643 by September 10th.
I look forward to seeing you on September 17th.
Sincerely yours,
Cit of 1Medina j` ' l'?
4o+m4AnAdore-r�Kn, Mayor
*** MAKE CHECK PAYABLE TO: CITY OF MEDINA ***
We will have City officials and Spouses attending the
regional meeting in Medina.
Enclosed is $ to cover dinners at $10.00 each.
Signed
City
** RETURN THIS FORM TO: CITY OF MEDINA
2052 COUNTY RD. #24 - HAMEL, MINNESOTA 55340
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EHLERS AND ASSOCIATES, INC.
FINANCIAL SPECIALISTS
FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-8291 (AREA CODE 612)
VOLUME 32, NUMBER 4
F I LE: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
August, 1986
POOLED BOND FINANCING
Organizations in Iowa, Minnesota, and Wisconsin are surveying three-year capital needs for municipalities to
be used to size and market pooled loan programs prior to enactment of the Tax Reform Act. The programs
are promoted as a means of providing low cost variable rate long term financing.
On review of this approach, we believe that municipalities should proceed with extreme caution in view of
the following concerns:
- Upper Midwest municipalities have not had problems in securing financing. This is documented
in the enclosed article entitled "'Pooled' Bonds and Bond Banks -- Boon or Bust?" by Robert
Ehlers.
- Overall issue-related expenses for pooled financings will cost the same or be higher than those
for individual issuers. The pooled approach requires more parties to be involved, and one more
level of expense (the pool or bank).
- Lower variable coupon rates do not generate the total savings projected. The pools will
leverage lower variable coupon rates when compared to current fixed rate long term financing,
but the promotional material does not add these significant additional costs to the coupon rates:
1) Additional front end fees
2) Letter of credit fees securing the short term "puts"
3) Remarketing fees to resell the bonds
4) Insurance costs to ensure the holders of the bonds against default
5) Cost of later reissuing long-term bonds in exchange for "put" bonds
6) Advice and financial planning that you receive from an independent financial advisor.
These additional costs may add 2% to 3% to the quoted variable rate coupons.
- Exemption from arbitrage rebate provisions appears available to tax-exempt municipalities who
issue under $5,000,000 in bonds in any year. This provision in the Senate version is included in
the bill being considered by the Conference Committee. Effective July 17, 1986, pooled
financing became subject to the proposed arbitrage rebate provisions pursuant to a joint
statement by leaders of Congress and the Administration unless it can meet two very stringent
tests.
- Municipalities take two additional risks with variable rate financing. Variable rate bonds are
characterized by the right of bondholders to "put" their bonds back to the issuer weekly,
monthly, semiannually, annually, converting the obligation into a demand debt. The issuer has
the new risk that at some time, perhaps because of market conditions, its creditors may demand
payment. If a demand is made and the money is not available, the issuer has an immediate cash
crisis. If the borrower can't pay, the LOC bank may have to take up the put bonds, but at very
high interest rates. Market conditions may be such that reasonable long term borrowing may
not be available. This risk is compounded since thousands of other issuers may have similar
problems involving tens of billions of bonds at the same time.
Prior to the 1930's practically all borrowing was demand debt that could be called any time, or
at least annually. That depressed economy triggered hosts of nonrenewals and defaults. Higher
interest is part of long term borrowing, but that is a price paid to avoid a substantial risk.
Currently long-term rates are as low as they have been in the last seven years.
- If a municipality takes advantage of committing to dedicated pool financing, they may be
prevented from financing the project tax-exempt on their own, outside the pool in a better
market.
- Why borrow for future projects when interest rates may become lower. With tax reform certain
trends have surfaced. They are:
1) Current tax-exempt rates are closer to or greater than on direct U.S. Treasury
obligations. This is due to the current high volume of tax-exempt bonds and uncertainties
associated with the Tax Reform Act.
2) The Tax Reform Act will probably restrict. the supply of tax-exempt bonds.
3) Tax-exempt bonds will probably be one of the few tax shelters left.
Assuming all other factors remain the same these trends would restrict supply, create more
demand for tax-exempt bonds and bring lower tax-exempt interest rates.
As a Firm we have always taken the position that wE: will recommend to our clients the most cost effective
financing method available to our clients provided it meets the overall financing objectives of the City. We
don't believe the program meets these objectives and would not recommend the pooled program until all of
the costs and risks are understood.
Very truly yours,
EHLERS AND ASSOCIATES, INC.
teven F. Apfel a
Director
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TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE , MINNESOTA SEPTEMBER 2 , 1986
Mayor Reinke presiding
11 Roll Call at 7 :00 P .M.
2] Recess for H.R.A. Meeting
3] Reconvene
4] Liaison Reports from Councilmembers
5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
6] 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. )
*71 Approval of the Minutes of August 19 , 1986
8] Communications: (Items noted for consent will be received and filed)
a] Don Mc Neil re: resignation from Energy and Transportation Committee
b] Congressman Bill Frenzel re : annual meeting for public officials
c] Sandra Gardebring re : annual regional meetings
d] Mrs. Walker re : sewer hookup
e]
91 Public Hearings:
a] 7 : 30 P.M. Appeal by Larry Norring of Board of Adjustment and
Appeals Decision regarding variance request from
40 foot setback requirement
b] 8 : 00 P .M. Consideration of whether or not to permit sales of
intoxicating liquor for consumption on premises between
10:00 a.m. and 12 :00 midnight on Sundays
c] 8 : 30 P .M. General Revenue Sharing Budget and 1987 Budget
101 Boards and Commissions : Planning Commission:
*a] Adoption of the Racetrack District Land Use Study - Res. 2608
b] Ord. No . 206 Amending City Code Sec . 11 .40 Planned Unit
Development
111 Reports from Staff: [Cbuncil will take a 10 minute break around 9 :001
*a] Amendment of the Shakopee Community Access Corp . By-Laws
*b] T.H. 101 to C .R. 18 Turn Lane
*c] Change Order No . 1 , Fourth Avenue Project 1986-3
*d] Traffic Signal Maintenance Agreement Between the City of
Shakopee and Shakopee -P_ub1_ic -_U_tility Commission
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TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN September 4, 1986
Chairman Czaja Presiding
1. Roll Call at 7 : 30 P.M.
2 . Approval of Agenda
3 . Approval of August 7 , 1986 Minutes
4. 7 : 30 P.M. PUBLIC HEARING CONTINUED: To amend Conditional
Use Permit #424 to construct a building addition in a B-1
District upon the property located at 1266 E. 1st Avenue.
Applicant: American Legion Post #2
Action: Amend Conditional Use Permit Resolution No. 424
5 . 7 : 45 P.M. PUBLIC HEARING CONTINUED: To consider the
rezoning of approximately 71. 2 acres of property located in
Section 7 , Township 115N, Range 22W, from Ag to R-2 .
Applicant: Jackson Business Park
Action: Recommendation to City Council
6. 8 : 00 P.M. PUBLIC HEARING: To consider an amendment to
the City Code, Section 11. 29 , Subd. 3 which would allow mini
storage facilities as a conditional use in the B-1 District.
7 . 8: 15 P.M. PUBLIC HEARING: To consider a request for a
Conditional Use Permit to allow outdoor storage of
transportation equipment upon the property located at 1803
Eagle Creek Blvd. in a Light Industrial zoning district.
Applicant: Lester Koehnen
Action: Conditional Use Permit Resolution No. 471
8. Discussion: Canterbury Park 2nd Addition
9 . Other Business
10 . Adjourn
Judi Simac
City Planner
CITY OF SHAKOPEE
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BOARD OF ADJU'37J YdTS A'edD AP_r' LS
., . _.. ' it; :J •7 7' 19916
T'TTA n -" ,„�
Chairman ^zaja called the meeting to order at 7:30 p.m. with ,,,omni. Trane,
Tan"ialdeghem, Rockne and roudray present. also present were Judi Simac,
^ity Planner and Dennis Kraft, ^om —,nity Developmmnt Director.
The agenda was approved as ,arizten.
the minutes of my 10, 1986 were approved as written.
pTT rTn 7?'^i1PT ;� IA`'J n- 1 j -:i -err J ,.T ., M1 n
1 , :.o .r
aniaideghem/Poudray moved to open the public hearing to consider a 20 ft.
variance from the required 30' rear yaxd setback, a 7 foot variance from the
required 15 ft. parking setback and a reduction in the number of parking
spaces required by code to construct an addition to existing building upon
the property located on Block 25, Lots 6, 7, 8, 9 and 10, Shakopee.
The proposed project is actually the redevelopment of the Shakopee 'Talley
Sports Center site. The applicant is proposing to add on a 9000 sq. ft.
addition to be constructed from the east to the west on the additional
lots.
Comm. Schmitt arrived and took his seat at 7:45 p.m.
Comm. Lane asked the applicant if there was any way possible to pick up
the extra 7 parking spaces required. The applicant replied that if they
reduce the size of the building, it would then become to narrow to sufficiently
aerv6 their needs.
Chairman Czaja asked if there was anyone from the audience who wished to
address. this issue.
Greg Dirks, ^den Prairie, representing his brothers who work in the Dirks
furniture store currently occupying this warehouse space stated that they
are very happy doing business in the City of Shakopee and that the furniture
store is doing very well.
Chairman Czaja asked if there was anyone else present who wished to address
this issue. There was no response.
Lane/VanMaldeghem moved to close the public hearing. TIotion carried
unanimously.
Lane/VanMaldeghem ofifexed TTariance Resolution No. 468, granting a 20 ft.
rear yard variance, a 7 ft. parking setback variance and a 7 parking spaces
variance, and move for its adoption subject to one condition; and move its adoption. '
1 . Recording of the Variance Hold/?F.armless-Agreement prior to issuance
of a Building Permit.
Motion' carried=unanimously with Comm. Schmitt abstaining.
lugus, 7, 1916
Page -2-
The City Planner introduced Dennis -'raft as the new 70mmUnity Avelopment
Director.
PUKT? 770--q 1 71VT4777 pTIDA & p-]Iy
7
-L
�.-W�:aldeghem,/T iane moved to open the public hearing to consider a Variance
to construct a garage 2 feet from the side property line on the property
located at 714 South Holmes it.
The ?ity Planner stated that the TP7 Manager has reviewed the request as
related to easements and has recommended approval.
Commissioner 7axf`alde,-,,hem asked if there were any alternatives to locating
the garage elsewhere on the lot. The applicant replied that the access
to the garage will be from Yolmes street and to locate the garage elsewhere
would require a lot more construction work.
The Chairman asked if there was anyone from the audience who wished to
address this issue. There was no response.
Schmitt/7anmaldeghem moved to close the public hearing. Notion carried
unanimously.
Commissioner Pomerenke arrived and Wok his seat at 7:55 p.m.
Schmitt/vane offered VIriance Resolution No- 466, two foot variance from
the required five foot setback and move for its adoption subject to the
following condition:
1 . Recording of 7Ariance Hold/Harmless Agreement prior to
issuance of a building permit.
Notion carried with Comm. Pomerenke abstaining.
Schmitt/OnKaldeghem. moved for a 5 minute recess. Notion carried unanimously.
Chairman Czaja called the meeting back to order at 9:00 p.m.
PU3LIC H2ARI--,TG - 7'Aj�,.-
a7�U7SIARR. ......
lockne/3chmitt moved to open the public hearing to consider a 12 foot variance
from the 40 foot required front yard setback to construct a new home upon the
property located on lot 109 Block 2, Minnesota Valley 3rd Addn. Motion carried
unanimously.
The City Planner stated that the applicant would like to have a variance
from the required 40 ft, setback to a 30 A setback plus an additional 2 feet
to allow him to build his house.
17 7
,Aug,,,st 7, -_J?6
o"
,Ya e _3—
Discussinn ensued as to why allow the additional 2 ft sob aci;. The neiEhboring
homes are all at 30 ft. setback. The additional 2 ft. setback would allow
for a 3 car Sarage to be built. The builder, john ^berg, 13330 Natchez-avenue,
Savage, stated that 6 feet of the 36 ft. garage is for the entryway to the
home. Chairman ^zaja asked if there was anyone form the audience who wished
to address this issue.
Tim NoriaritY, 1051 Miller St, 1hakopee, stated that he knows of a number
of garages that have been put up and have gotten variances for them from
the required setbacks.
Phil Garvey, 1852 13th Avenue, stated that he does not feet that a 3 car
garage is really necessary and that he feels that some kind of business
might start going on in there, and that he feels it will be detrimental to
the area.
Chairman Czaja asked if there was anyone else from the audience who wished
to address this issue. There was no response.
Noudray/Schmitt -offered Variance Resolution No. 467 which allows a 10 foot
variance for the required 40 foot setback along 13th avenue, and move for
its adoption subject to the following condition:
1 . Applicant must record a variance hold harmless agreement
prior to issuance of a Building Permit.
Motion carried with Comm. VanMaldeghem abstaining, and Pomerenke opposed.
Schmitt/Pomerenke moved to adjourn . motion carried unanimously. Meeting
adjourned at 8:30. p.m.
Judi Simac
City Planner
Carol L. Schultz
Recording Secretary
13
pan-Tinns C7 TF P 017
6
Chairman 7zaja called the :meeting to order at ;30 p.m. with Commissioners
'ane P omere ke Schmitt, 7anNaideghem, __O.^.kne a_ d ' adr y prt se n' . Also
present were udi ;iniac, 7ity Planner, and Dennis T;raft, Community Development
Director.
The agenda was approved as written with the ommission of rezoning request
of 7alleyfair and application for preliminary and final plat approval of
Meriden "addition.
The minutes of July 10, 1986 were approved as written with the correction
of Kevin Lyons, being a Shakopee resident not a Jonathan. resident. �
PUBLIC 77:kR17n — Conditional Tse Pernit `1424, American Legion Post 12
Foudray/Pomerenke moved to open the public hearing to amend Conditional
Use Permit1424 to construct a building addition in a $-1 District upon
the property located 12 1266 T. 1st Avenue. Motion carried unanimously.
Discussion ensued on required number of parking spaces. They currently
have agreement with Malkerson "rotors for overflow parking: The 72 parking
spaces- currently available will not accommodate the proposed addition.
The applicant, Doug Olson, Minnetonka stated that there are 122 parking
spaces plus the additional parking available from Malkersons. Commission
Schmitt said that the stripped parking within the road right-of-way
in the front of the property is not qualified.
Chairman Czaja asked if there was anyone from the audience who wished
to address this issue. There was no response.
Pomerenke/Schmitt moved to table Conditional Use Permit No. 424 until
September 4, 1986. Te should have an agreement from Malkersons stating
that they will give them so much parking spaces, and clarify the number
of parsing spaces available on site and complete the performance standards
as required under the previous conditional use permit. motion carried
unanimously.
PUBLIC H kR-T G - C&DITIO Ah UST P RMIT :1412 R07WAI, 37hHOP77 77W POSE' 4046
�^ TanNaldeS em/Pomerenke moved to open a public hearing to consider a request
for renewal of Conditional Use Permit -'412 to construct a fraternal institu-
tional building upon the property located on hots 2, 3 and 4, Block 19
Furrie 1st Addn. Motion carried unanimously.
The City Planner stated that since the conditional.-use permit .expired -
June 6, 1986 and was not used the VFW Post has required renewal of the -
permit to begin construction this August 1986.
Discussion ensued on having enough parking spaces available. ' ' The applicant
Pill Mirei stated that they do not feel that they have the ;geed-,for- overflow` _
parking. --
C ir' an z a as:'ied if :here 'tiasa ror;e fr t1F 'aadien^e
address this issue. There was no response.
Schmitt
/I,ane moved to close the public hearing. �'otion carried unanimously.
7oudray/Schmitt offered '.onditional Use Permit "o. 412 and move for its
adoption subject to the following conditions.
1 . approval is based .upon submitted site plan dated 5/21/85-
2. prainage and utility easements between lots must be vacated
prior to issuance of building permit.
3. 'rlritten permission from adjacent prc.perty owners is required
for overflow parking.
4. Parking must be paved and striped.
5. Parking in the front yard setback must be screened to the height
of 3 feet with at least two types of screening.
5. 1,ighting must be directed away from adjacent streets and residential
uses.
7. Sidewalks must be constructed along 3rd Avenue.
8. Signage will require additional permit.
9. T,andscaping shall be completed prior to issuance of a Certificate
: of Occupancy or a 100;; performance bond will be required to
insure compliance.
Motion carried unanimously.
P?J-T.T^ _'n'��r:T� - 7'1TT ?n PR.)i'i AG "'O ?-2, �T,1`'S'(1T BTT-772=)= P'1 a'T
3 ' L.'s
l.aneRockne moved to open public hearing to consider the rezoning of
approximately 71 .2 acres of property located in Section 7, Township
115149 Range 22"..', from Ag to R-2. • Motion carried unanimously.
Tile City Planner stated that the applicant is requesting to rezone a portion
of their property from Ag to R-2 in order to plat the 17d for single family
residential development. The Met Council has recently approved an amendment
to the Comprehensive Sewer Plan which opens the area for sewer extensions.
The zoning amendment will create more land available for residential development.
Comm. Schmitt asked why there was no platting process done. The City Planner
said that the platting is not finished yet.
.,anMaldeghem/T,ane moved to table this request to September 4, 1930, contingent
upon the avail ability_of, -Lhe-plat•--- otion carried_unanimously. - - -
/no
v !�
Vani•alde;hem 'ane moved to open public Nearing to consider a ^onditional ?Tse
Permit to allow outdoor storage of equipment upon ti.-.e property located at
3973 13th 'avenue. lotion carried unanimously.
The City Planner said that the applicant is complying with a requirement to
screen outdoor storage for 7 to 10 vehicles awaiting repair and 10 to 15
vehicles awaiting the "crusher". The City's 'ode 73hiorcement ^fficer,
Howard Jones has been wor.Ting to clean up the properties on the east end
of town (former 7'agle Creek To„mship).
Commissioner Schmitt asked why there was no pollution considerations given
in the report. There is concern, since the water table is close to the
surface, of possible oil and gas leakage that .may occur from wrecked cars
awaiting repair.
Roy Cogswell, ov ner of the property, said in regards to ground pollution
that there is an oil holding tank on the property and they have had no
problem in dealing with that. The tanks are generally removed from the
cars awaiting the crusher. Mrs. Gearhart, Roy's daughter said that they
are currently registered with the 7nvironmental Protection Agency and they
are up to 'EPA-code.
Chairman Czaja asked if there was anyne from audience who wished to address
this issue. There was no response.
Sc:�mitt�-%a T aldeg_�em roved.to close the public hearing. Motion carried
unanimously.
Schmitt/FFoudray of-fered "o_nditional Use Permit Resolution ,Io. 469 and
move for its adoption subject to the following conditions:
1 . Compliance with screening plan by 12-31-86.
2. Screening will be taken place as shown on submitted site plan.
Fences must have "screen slats” or be completely screened with
natural materials.
3. All vehicles being stored outside or awaiting repair at any one
time must be stored within the fenced in area.
4. Surface of the storage area must meet City T,ocal fire Narshall
and PCA standards for surface water runoff and pollution control.
Motion carried unanimously.
Schmitt/Rockne moved for a 5 minute recess. notion carried unanimously.
Chairman Czaja called the meeting back to order at 9:45 p.m.
PUBIC ?-I-FARIi1+G — CONDITIONAL USF PuRMIT, - JANIFS 1100Y
7;a f!Taldeghem/Rock-ne moved-to open public hearing to consider a Conditional-Use
Permit to exceed the height of three feet for fences in the front--yard-setback
upon the property located at 1075 Miller Street. notion carried unanimously.
The City _Ianner said that T":r. "ook did receive a building per.it to construct
a. 6 feet fence along the south portion -Of lot. ""ie applicant measured the
30 feet setback from tha centerline of 11th =avenue instead of the curb. Tt
appeared to be a misunderstanding between the applicant and t o building
permit requirements noted by staff. .e City "oi,zncil directed �-- "ook to
apply for a conditional use permit and also waived the ;'.150.00 application
I"ee.
Janes -:ook, applicant said that it was strictly a misunderstanding ?nd he
did not purposely go against the city code.
Chairman Czaja asked if there was anyone from the audience irho wished to
address this is-nie .:;rage wa; no reoj)onse.
Poadray/ ;ane moved to close the public ]hearing. " otion carried unanimously.
Foudray/?;ane offered Conditional Use Permit Resolution No. 470 and moved
for its adoption. potion carried unanimously.
'TaxLH-aldeghem/�,ane moved to direct staff to interpret street surface as the
curb line and to incorporate it into words in t.eir next clean up of the
ordinances. _otion carried unanimously.
Chairman ^zaja stated that since there is no one present from Canterbury
Downs the discussion of Clarification of Condition :.of Approval, Canterbury
Park 2nd Addition will be scheduled for next meeting on September 4, 1906.
Van!Taldeohem/Schmitt moved to adjourn. PTotion carried unanimously. T-leeting
adjourned at 10;15 p.m.
Judi Si7iac
City Planner
Carol L. Schultz
Recording Secretary
PROCEEDINGS OF THE
DOWNTOWN AD HOC COMMITTEE
Shakopee, Minnesota
August 13 , 1986
Chm. Laurent called the meeting to order at 7 : 40 a.m. with the following
members present: Terry Forbord, Gary Laurent, Jim Stillman, Joe Topic,
Bill Wermerskirchen and Pete Sames. Absent: Don Martin, Mike Sortum,
Dan Steil, Tim Keane, Mark Kuechenmeister and Liaison Jerry Wampach.
Also present were; John Anderson, City Administrator ; Barry Stock,
Administrative Aide; Ken Ashfeld, City Engineer; Dennis Kraft, CommiPn-
ity Development Director and Dick Koppy, Westwood Engineering.
Terry Forbord reported that he and Jim Stillman had met with members
of the City Hall Siting Committee and had given some input in drawing
up a questionnaire which is to be filled out by business-men and other
residents to find out their preference for a new City Hall location.
Terry Forbord/Joe Topic moved to approve the minutes of July 30 , 1986 .
Motion carried.
Barry Stock introduced Dennis Kraft, the new Community Development
Director.
Streetscape petitioning strategy and the method of assessing street-
scape improvements was discussed. Guidelines for a method of assessing
streetscape may have to be obtained from the bond consultants . Only
350 of the property owners need sign the petition for a feasibility
study but it was suggested the higher percentage of signatures the
more favorably the Council will look at it. A list of all property
owners of commercial parcels in the downtown redevelopment area was
given to each Committee member to choose which property owners they
wished to contact. Circulation of petitions is to be completed by
August 26th with recommendation to City Council to order a feasibility
study on August 27th.
Terry Forboard left at 9 a.m.
The Chicago-Northwestern Railroad has notified the City that they have
funds available to improve railroad crossings on Holmes, Sommerville,
Lewis , Fuller, Atwood and Spencer in the Central Business District.
The Railroad does not usually improve normal crossings with rubberized
crossings but if the City would like to participate in the cost of
this type of crossing, cost to the City would be approximately
$60 ,000 as an add on to the Downtown Streetscape program of which 25%
or $15 ,000 would be assessed to the affected property owners. The
consensus of the members present was to improve the crossings with
rubberized materials and spread the cost over the streetscape assess-
ments.
The- next meeting of the Downtownd Ad Hoc Committee will be held on
August 27th at 7 :30 a.m.
Pete Sames/Joe Topic moved to adjourn at 9 : 15 a.m. Motion carried.
Darleen Schesso
Recording Secretary
TENTATIVE AGENDA
Housing and Redevelopment Authority in and for the
City of Shakopee, Minnesota
Adjourned Regular Session September 2, 1986
Chairman Wampach presiding:
1. Roll Call at 7: 00 P.M.
2 . Approval of Minutes of August 19 , 1986
3 . Resolution #86-10 - Adopting a set of property acquisition
policies and procedures
4. Consideration of Purchase - Herrgott Property
S . Other Business
6 . Adjourn
Dennis R. Kraft
Executive Director
I/
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 19 , 1986
Chairman Wampach called the meeting to order at 7 : 03 p.m. with
Comm. Leroux and Vierling present. Comm. Lebens and Colligan
were absent. Also present were Dennis Kraft, Executive Director;
Julius A. Coller, II , City Attorney; Ken Ashfeld, City Engineer;
Judi Simac, City Planner; John K. Anderson, City Administrator;
and Mayor Reinke.
Vierling/Leroux moved to approve the minutes of August 5 , 1986 .
Motion carried unanimously.
The Executive Director reviewed the amended draft of a Set of
Property Acquisition Policies. The policies address the
voluntary acquisition of property using non-federal funding,
involuntary acquisition (eminent domain) of property using non-
federal funding or voluntary acquisition of property using
federal funding. Cncl. Leroux asked if the same policies would
be followed for easements as well. The Executive Director
replied that it would be the same and they would try to negotiate
before any condemnation occurred.
Leroux/Vierling moved to adopt the property acquisition
procedures and direct that a resolution setting up the procedures
be drawn up. Motion carried unanimously.
Vierling/Wampach moved the appointment of John Leroux for a one
year, four month term on the negotiating team of the HRA. Motion
carried unanimously.
Vierling/Leroux moved to recommend to the Housing and
Redevelopment Authority that the appropriate City Officials be
directed to negotiate a purchase price and that the owner accept
the responsibility of demolition and removal of the structure
located on the property (House of Hoy) with the understanding
that it come back to the HRA for a final decision. Discussion
ensued on the possibility of using tax increment financing in the
future resale of the property. Motion carried unanimously.
Discussion ensued on the possible acquisition of the property at
Lot 1, Block 2 , Original Plat - 303 East lst Avenue) . Mr. Doug
Kallevig who owns the property is interested in having the City
purchase it in light of the proposed mini by-pass alignment.
Leroux/Vierling moved to order an appraisal at a cost not to
exceed $1,000 on the property identified as Lot 1, Block 2,
Original Plat.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Leroux/Vierling moved to adjourn. Motion carried unanimously.
Carol L. Schultz
Recording Secretary
-fr 3
MEMO TO: Shakopee Housing and Redevelopment Authority
FROM: Dennis R. Kraft, Executive Director
RE: Resolution Adopting Property Acquisition Policies
DATE: August 26 , 1986
Introduction:
At the August 19 , 1986 HRA meeting the amended draft of
property acquisition policies was endorsed by the HRA and
direction was given to transform this draft into a property
acquisition policies resolution. The attached resolution is
provided to the HRA consistent with the direction given on August
19th.
Alternatives•
( 1) To adopt the attached property acquisition policies
resolution.
( 2 ) To not adopt the attached resolution and to continue with
the present procedure of acquiring property by not utilizing
the standardized policy.
Action Requested:
Move to adopt resolution no. 86-10 .
RESOLUTION NO. 86-10
RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE SHAKOPEE HRA ADOPTING A SET OF PROPERTY
ACQUISITION POLICIES AND PROCEDURES
IT IS HEREBY RESOLVED by the Board of Commissioners of the
Housing and Redevelopment Authority in and for the City of
Shakopee, Minnesota, as follows :
1. It is in the best interest of the residents of Shakopee
and of the Shakopee Housing and Redevelopment Authority that a
standardized set of policies and procedures be adopted which will
treat all parties in a fair, equal and impartial manner in the
process of property acquisition by the Shakopee Housing and
Redevelopment Authority.
2 . It is desirable to have a competent third person
provide an indicator of property value when the HRA engages in
the acquisition of property rights . In most instances the
information will be provided by a qualified property appraiser,
whoever under certain circumstances where the property is of
limited value the information might be provided only by the
County Assessor. It may also, under certain circumstances, be
desirable to hire a review appraiser that will verify the
validity of the appraisal procedures utilized and will review the
appraisal or the appraisals for accuracy or errors in judgement.
3 . In order to provide the proper form for the negotiation
of the purchase of properties a negotiating team consisting of a
member of the Housing and Redevelopment Authority, the City
Administrator, the Assistant City Attorney, the Community
Development Director/Executive Director, and other staff persons
or real estate experts as needed, shall function on behalf of the
HRA in the property acquisition process . HRA members shall be
appointed on a rotating basis for a term of one year each. The
first appointment shall be for the remainder of 1986 and for
1987.
4. All final decisions for the purchase of property will
be made by the Housing and Redevelopment Authority after
considering the recommendations of the negotiating team.
5. Appraisals and other related information which are
obtained for the purpose of negotiating for property acquisition
are not considered public information as defined by the Freedom
of Information Act and this information will be treated as
confidential information.
Z. Any member of the HRA or employee or agent of the HRA
who has a interest in a property under_ consideration for-
acquisition shall-:--
_- -- -
a. Abstain from voting, in case of an HRA member,
when the proposal is considered.
b. Submit a public disclosure of his/her
interest in the property at the time the
property identified for acquisition is
officially authorized by the HRA.
7 . The following procedures will be utilized for the
acquisition of property when the property owner is voluntarily
selling property to the City:
a. The HRA will initially authorize the City
Administrator and negotiating team to
negotiate for the acquisition of a particular
parcel of property.
b. The City Administrator will submit a report
to the HRA identifying the probable source( s)
of funding for the proposed acquisition.
C. In those instances where clear title of the
property can not be provided by the seller
the City Attorney may be directed to conduct
a title search of the property.
d. The negotiating team will determine the
specific procedures to be used for property
acquisition and will select the necessary
third parties to provide an independent
indicator of property value.
e. Once the property value is determined to the
satisfaction of the negotiating team the
process of negotiating for the acquisition of
the property will begin.
f. If the seller of property desires an
independent appraisal it shall be done at the
sellers expense.
g. At such time as a mutually acceptable price
is negotiated for the property the
negotiating team will prepare a background
report on the property and will present a
draft purchase agreement to the HRA.
h. If it is not possible to arrive at a mutually
acceptable price -the--negotiating team still= - -
has the option to submit the owners purchase -
agreement for the property- to- the HRA along
with comments by- the negotiating team. - -
i . If the HRA agrees to the conditions of the
draft purchase agreement it will formally be
acted upon at a regular meeting.
j . Once the purchase agreement is authorized by
the HRA the City Administrator will then be
responsible for completing the required steps
leading to the HRA' s obtaining the valid
title to the property.
8 . Under certain circumstances it might be necessary for
the HRA to acquire property by eminent domain ( condemnation) .
The HRA will make every reasonable effort to acquire property
through negotiated agreements, however under certain
circumstances this might not be possible. When the HRA utilizes
the eminent domain process it will impartially protect the
interest of all concerned parties. The HRA will pay fair price
to the property owner and will use acquisition methods and
practices in such a way as to minimize the hardships experienced
by owners and tenants. Property rights will not have to be
surrendered by any owner until compensation for the property to
be acquired has been paid in accordance with the Constitution and
the Laws of the State of Minnesota. No person occupying property
will be required to surrender possession without 90 days written
notice from the HRA, unless a mutually agreed-upon earlier date
is established.
a. The rights of owners and tenants will be
provided for under the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970 (Uniform Act) .
I . The Uniform Act provides for the following:
Payment for moving expenses
This will either be a fixed payment, including
dislocation allowances up to $500 . 00 , or a payment
for actual moving costs.
Replacement housing pavment
This may be a payment of up to $15 , 000 . 00 to allow
for the purchase of a home or a payment of up to
54, 000 . 00 to provide for a rental of a dwelling.
Fixed navment in lieu of movinq and related
expenses
The owner of rental property may be eligible for a
fixed payment - in- the--range =of S2' 500__-00` to-
$10 , 000 . 00 in lieu of moving and related _expenses.._=____ _
If the rental property - --to - be,- acquired qualifies F
for this paymen -the amount of benefi --to_ be-
received is determined by income received in the
two previous tax years.
b. In those instances where property is acquired
utilizing Federal funds the added
requirements imposed by Federal law will also
be adhered to by the Housing and
Redevelopment Authority.
Adopted in session of the Shakopee Housing
and Redevelopment Authority of the City of Shakopee, Minnesota,
held this of 1986 .
Chairman
ATTEST:
Executive Director
Approved as to form this
day of 1986 .
City Attorney
MEMO TO: Shakopee Housing and Redevelopment Authority (HRA)
FROM: Barry A. Stock, Administrative Aide
RE: Consideration of Purchase - Herrgott Property
( 111 E. lst Ave. )
DATE: August 28 , 1986
Introduction•
With the understanding that a downtown redevelopment plan
for Shakopee might soon become reality, Ms. Marilyn Herrgott,
property owner of 111 E. lst Ave. has informed the City that she
is interested in selling her property to the City. A short
letter from Ms. Herrgott to this effect is shown in attachment
#1.
Background:
On August 26, 1986 staff met with Ms. Herrgott to discuss
the proposed downtown redevelopment plan and proposed streetscape
improvements. At that time, she mentioned the City' s pending
negotiations for the acquisition of the House of Hoy. She stated
that she was concerned over the fact that if the House of Hoy is
demolished, her property may be damaged. Even in a best case
scenario, the west side of her building would need significant
improvements if the House of Hoy were demolished. She questioned
whom would be responsible for these costs.
To make the demolition process easier and to obtain an
additional 25 ft. of frontage for the proposed free right hand
turn lane, Ms. Herrgott suggested the City' s acquisition of her
property. Staff likewise believes that significant cost savings
could be accrued if both the Hoy and Herrgott property are
demolished simultaneously. Conversely an additional 25 ft. of
First Ave. would surely improve the geometrics of the proposed
free right hand turn lane.
On August 27 , 1986 the Downtown Ad Hoc Committee recommended
to City Council that negotiations for the Herrgott property
proceed contingent upon the City' s acquisition of the House of
Hoy.
Alternatives:
1. Proceed with negotiations for the acquisition of the
Herrgott property contingent upon the City' s acquisition of
the House of Hoy.
2. Proceed with Negotiations for the acquisition of the
Herrgott property at this time.
3 . Respectfully inform Ms. Herrgott that the City is not
interested in acquiring her property.
Staff Recommendation:
Staff recommends alternative #l.
Action Requested:
Move to proceed with negotiations for the acquisition of the
Herrgott property contingent upon the City' s acquisition of the
House of Hoy.
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ry".ayOreinr;e called +n e ;
�._e m e t_nF, to order at 7 :00 P.m. wi �,r
vncl . Leroux, Vierling and '� ampach present. Cncl . ^olligan
and Lebens we—e absent. 'lso present were john K nde-son
c.O til. K. ri. i . ,
Cl t%rdminl st- ator T �i r^^ I L or
�udl _mac , City lana , Ker. _�shfeld.,
City Engineer; Dennis Kraft, Community Development Director;
and Julius A. Coller II, City Attorney.
Leroux/Vierling- moved to recess for a Housing and Redevelopment
Authority meeting. Motion carried unanimously.
Vierling/Leroux moved to reconvene . Motion carried un-
animously.
Liaison reports were given by councilmembers .
Leroux/Vier ling moved to approve the minutes of August ",, 1986 . .
Roll Call : Ayes : Unanimous Noes : Pone Motion- carried.
Leroux/Vierling offered Resolution No. 2K99, A Resolution of
Appreciation to Stan Dircks , and moved its adoption. Ebtion
carried unanimously.
Wampach/Leroux offered Resolution No . 2600, a Resolution of
Appreciation to Nancy Christensen, and moved its adoption.
Motion carried unanimously.
Leroux/Vierling offered Resolution No . 2601 , A Resolution of
Appreciation to Bob Ziegler, and moved its adoption. Motion
carried unanimously.
V' amoach/Vie^lina moved to nominate Cncl . John Leroux to the
Trar=ortation Advisory Board i;ominations . 'Dot-ion carried
unanimously.
The City Administrator reviewed the new set of By-Laws for the
Shakopee Fire Department. Discussion ensued on the annual
departmental medical examinations . it was suggested that the
department bid this to local clinics with the intention of
doing all the physicals at one time .
Discussion also ensued on the three fire drills per month
currently being held. The first two drills are paid for by
the city at the rate of one hour per drill. It is the
fire departments belief that paying for one hour of the third
drill would improve attendance .
Leroux/Vierling moved to direct the Resolution Adopting New
By-Laws for the Shakopee Fire Department back to staff for
further study. Motion_ carried unanimously.
s
Sha: ogee 2 t ^ounc''l
Augast 19, 1986
Pa<-, -2-
VJam ach Vierlin moved to a
p �' approve the request by Scottland
Companies to connect to the sanitary sewer along CR-83 at the N.:%'.
corner of the 5.5 acre Canterbury Square Shopping Center located
at the 1` .E. Corner of CR-83 and 12th Avenue , upon submission of
a i:'aiver of contesting assessments for the future construction
of the sanitary sewer. Motion carried unanimously.
Discussion ensued or. the Annexation Petition of the Josephine
Vierling Estate and the possible annexation of the parcel of
property belonging to Shakopee Public Schools in Jackson Township.
Leroux/Vdampach moved to direct staff to contact Shakopee Public
School to discuss with them the potential of the annexation of
that portion of the school property for the senior high school
which lies within Jackson Township to be incorporated into the
City of Shakopee . Motion carried unanimously.
Wampach Leroux moved to receive and place on file the memo from
Julius A. Coller, II, City Attorney regarding Annexation by
Ordinance, The Vierling Property, dated August 13, 1986. notion
carried unanimously.
Leroux/liampach moved that the Payor and the City Administrator
be nominated to notify Jackson Town Board that a portion of their
township has requested annexation into the City of Shakopee.
Motion carried unanimously.
Leroux/Vierling moved to adopt the property acquisition policies
as set forth in the memo dated August 12, 1986, from the HRA
Executive Director.
Roll Call : Ayes : Unanimous Noes : none Motion_ carried.
VJampach/Vierling moved to authorize the appropriate City officials
to enter into Agreement �'o . 8601 with Scott County for the cost
participation of the reconstruction of Marschall Road from 11th
Avenue to County Road 42 with the City's Cost participation to be
funded by State-Aid.
Roll Call : Ayes: Unanimous Noes : Tone Motion carried.
Vierling/Leroux moved to approve Change Order No . 1 to the 1986-1
Holmes Street Basin Lateral Project in the amount of X1, 600.00,
to be funded by the 1986-1 Project.
Roll Call : Ayes : Ur_znimous Noes : None
Motion carried.
The City Engineer reviewed what other communities are doing regarding
Sanitary Sewer Service Rehabilitation. The one common element
was the policy of service replacement cost responsibility. The
cost of the ' service is the responsibility of the property owner.
The City Lngineer recommended that the cost responsibility for
faulty construction be reviewed by Staff and Council on an
individual basis.
' aF_vpee City Coun ci' q
us t 10°� [
rade -3-
r,andatory Service Replacement Tolicy was reviewed by the City
Er, ,ineer statin; that the City of T ir_neapolis has operated similar
to Shakopee in that service conditions are analyzed prior to
replacemt:nt and each property owner notified of service condition
beyond the street right-of-way.
Leroux/,tiiampaeh moved to direct the City Entineer to initiate a
Five-Year No Street Cut Permit Policy on new streets whereas ;
1 . Emergency repairs to existing utilities are
allowed, and;
2. Installation of new utilities will be allowed only
by approval of City Council with special conditions
to the permit.
Roll Call : Ayes : Unanimous Noes : None Motion carried.
Leroux/Vierling moved to authorize the appropriate 'City Officials
to enter into agreement with Orr-Schelen-Mayeron and Associates
for the Upper Valley Basin Stormwater Management Plan for a cost
not to exceed $24, 000.00.
Roll Call : Ayes : Unanimous Noes : None Motion carried.
Leroux/Vierling moved to direct staff to advertise for rubberized
crossing materials for railroad crossings at Spencer, Sommerville,
Lewis, Holmes, Fuller, and Atwood Streets ; bids to be opened at
10 :00 a.m. , September 9, 1986. Motion carried unanimously.
UJampach/Vierling moved to direct staff to verify an installation
agreement with Chicago Northwestern Railroad for the installation
of Rubberized material and establish a schedule for installation
at Spencer, Sommerville, Lewis, Holmes, Fuller, and Atwood Streets
to be reviewed by the City Council in conjunction with review of
rubber material bids. Motion carried unanimously.
Vierling/Leroux moved to direct staff to pursue the undergrourding
of signal communication wiring along the CNR tracks between
Spencer and Atwood Streets and report back to City Council.
Motion carried unanimously.
Leroux/Vierling moved to approve Change Order Fo . 1 to the
supplemental contract in the amount of $1 , 540.00 for project
1986-7, 2nd Avenue Parking Lot Landscaping.
Roll Call : Ayes : Unanimous Noes : None notion carried.
,
Shakopee City Council
Aub US+ l Q, 10 (
Leroux/-Vierling moved to authorize the appropriate City Officials
to enter into Agreement No . 8604 with Scott County for participatirg
in the installation and operation of a street light at the inter-
section of CSAH 16 and Ccurty Road 183.
Roll Call : Ayes : "nanimous Toes :.one I.;. +i
on carried.
Leroux/1Tierling moved to receive and file correspondence from the
Scott County Highway Engineer indicating street lights are not
warranted at the intersection of CSAH 16 and County Road F'9.
Roll Call : Ayes : Unanimous Toes : I',:one Yotion carried.
Ulampach/Vierling moved to approve bills in amount of $517 , 252 . 47 .
Roll Call : Ayes : Unanimous Toes : Tone Motion carried .
Leroux/vierling moved to authorize the reduction of the letter
of credit for the South P.-arkview 1st Addition public improvements
to $15, 000.
Roll Call : Ayes : Unanimous P;oes : Tone N:otior. carried.
LerouxATierling moved to authorize the purchase of a typewriter
with printer/computer interface capabilities for Public Works at a
cost not to exceed $1,125.00.
Roll Call : Ayes : unanimous Toes : None Protion carried.
Leroux/vierling offered Resolution No. 2604, a Resolution Amending
Resolution No . 24.79 Adopting the 1,086 Fee Schedule and moved its
adoption.
Roll Cal?: Ayes : Unanimous Toes : Tone
Motion carried.
lVampach/vierling offered Resolution No . 2605, A Resolution Setting
Forth a Fast Tracking Process for the issuance of
and move its adoption. Motion carried unanimouslyEuilding Permits
Leroux/Vierling offered Resolution No . 2603, A Resolution Amending
Resolution To . 2' 57 Adopting the 1936 Budget and move its adoption.
Roll Call : Ayes : Unanimous Noes : Tone
T+rtotifln carried.
Leroux/`+ierling offered Resolution No . 2602, A Resolution Author
Expenditure of T�SAS Funds on CSAH 16 (Fourth ^ Authorizing,
Street to Fuller Street and move its adoption.
�venue) from Fillmore
Roll Call : Ayes : Unanimous Toes : Tone
Motion carried.
V.ampach/vierling offered ordinance No .
City of Shakopee, Minnesota Amer. Shakopee 205, An Ordinance of the
Entitled "Li uor Beer and ine LicensingCity Code Chapter 5
Repealing Subd. 15, Section 5.01 Entitled and Regula dons by
Adopting a New Subd. 15 Section lEntitled
+Restaurants and by
Adopting by Reference Shakopee City CodeChaptere1 andaSec+•„fond
and move its adoption. x• 99,
Roll ("'all : Ayes : Unanimous Toes : Tone �•
YO ti Carried.
funic+ lo, 1986 7
Leroux/Vierling moved for a 5 minute recess. Lotion carried
unanimously.
Leroux/Vierling moved to reconvene . Motion carried unanimously.
Leroux>�":ampach moved that a letter be sent to Einnesota Department
of Health signed by Pair. Anderson recommending 'heir approval of
the sewer facilities for the Backstretch RV Park and Campground.
Motion carried unanimously.
The City Administrator handed out the 1st draft of the proposed
19t7 budget for review for the Budget 11orksession to be held
Tuesday, August 26, 19E6.
The City Administrator said the League of Minnesota Cities meeting
will be held September 4 at Eagle Lake , Minnesota.
Leroux/SJierling moved to accept the Letter of resignation of
Dean R. Colligan, City Council Member, with regrets and direct
that a Resolution of thanks and commendation be drafted for
Mr. Colligan. Motion carried unanimously.
Discussion ensued on filling the vacant seat within the Council
and what the voting requirements are . Mayor Reinke asked the
City Attorney about the possibility of changing the size of the
council. The City Attorney will check into this matter and
have a decision by next meeting.
Mr. Greg Keller raised an objection to adjournment to an
Executive Session. He said that the purpose of the Executive
Session is to hear a presentation by a consultant who has been
hired by the City regarding a land use study. He stated that
he felt the consultants presentation should not be in Executive
Session because it would be in violation of the open meeting law.
Leroux./lIampach move:' to table Executive Session. to September 2 ,
1�btion carried unanimously.
Leroux/Vierling moved to adjourn to August 26, 1986 at 7 : 00 pm. motion
carried unanimously. Meeting adjourned at 10 :00 p.m.
Judith S. Cox
City Clerk
Carol L. Schultz
Recording Secretary
� rte,
BILL FRENZEL MINNESOTA OFFICE:
THIRD DISTRICT,MINNESOTA
Room 445
8120 PENN AVENUE SOUTH
WASHINGTON OFFICE: BLOOMINGTON,MN 55431-1326
1026 LONGWORTH BUILDING 612481-4600
202-225-2871 Conarro of the Mhiteb Otatrt �
30ouze of Rprwittatiug
Na bington, OIC 20515-2303
August 27, 1986
Mr. John Anderson
City Administrator
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Dear John:
I will be hosting my annual meeting for public officials on Saturday,
September 6, 1986, at 9:00 a.m. at The Decathlon Club in Bloomington.
I will give a brief Congressional update, including discussion of the
pending tax reform legislation. Your comments and questions on issues
of particular importance to local governments would be helpful.
If you are able to join me, please call my Bloomington office at (612)
881-4600. I look forward to seeing you on the 6th.
Best Regards,
Bill Frenzel
Member of Congress
BF:mhs/mjs
FtECE¢VED
AUG281986
CITY OF ��''r�:+�!���'•w
�4.
THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
Olitah RC-1
il' ,(%
Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets
St. Paul, Minnesota 55101
T
Telephone (612) 291-6359
-WIN CITI�•
August 22, 1986
AUG
CITY 0-E &HA(r4O PFE
TO: Local Officials
Autumn is rapidly approaching and soon it will again be time for the annual
series of the Metropolitan Council Chair's regional meetings.
These meetings have been held by Council chairs since 1975 and provide an
excellent opportunity for you to hear a little about the issues the
Metropolitan Council is dealing with, as well as providing a forum to
express your concerns and ideas about the Council and its work.
I intend to spend some time discussing the Council's priority projects for
next year, and some of the metropolitan issues we think the legislature may
address in 1987. However, I really hope that most of the meeting can be
devoted to hearing your thoughts about what you think we're doing right and
what we're doing wrong, and what things we should be doing in the future.
My plan is to have at least one breakfast meeting in each county. The
Scott County meeting will be held on Friday, Sept. 12, at the Golden Fox
Restaurant, 20251 Johnson Memorial Drive, Jordan. We'll meet for a Dutch treat
breakfast at 7:30 a.m.
I look forward to seeing you and other public officials from Scott
County at the breakfast meeting. If you have any questions or concerns,
please feel free to call me at 291-6453. Please RSVP to Rosemarie Johnson
at 291-6391.
Sincerely,
Sandra S. Gardebring
Chair, Metropolitan Council
An Equal Opportunity Employer
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer.P�"
SUBJECT: James Walker Sanitary Sewer Service
DATE: August 28 , 1986
INTRODUCTION:
Attached is correspondence received from Mrs. Walker regarding
the sanitary sewer service to their house located 1910 East 11th
Avenue . She is requesting the City to dig up the service and
repair a suspected faulty installation.
BACKGROUND:
Mrs. Walker ' s letter is self-explanatory as to previous problems
with the sewer. It is my understanding that the City paid for
service repairs in this same neighborhood due to faulty
construction during the original utility installation. In 1984 ,
two such occurrences are recorded at 1982 Davis Court (Al DuBois)
and 1909 East Shakopee Avenue (Dallas Peterson) .
Mrs . Walker ' s request of the City to complete the construction
and accept cost responsibility prior to determining the cause of
the problem would be a change of policy followed by the City in
the past. Policy has been for the property owner to arrange for
construction of service pipe repairs and only upon determination
that the original construction caused the repair does the City
accept cost responsibility .
Alternatives :
1 . Agree to repair the service and accept cost responsibility
prior to construction .
2 . Agree to reimburse the Walker ' s cost associated with
repairing their service pipe only upon determination that
the original construction required the repair .
3 . Do Nothing.
RECOMMENDATION:
In my opinion , if the problem exists , the service should be
repaired irregardless of whose cost responsibility .
Consequently , there is no risk to the property owner to proceed
with the work and have City staff inspect the situation during
construction. Alternative 2 should increase the Walker ' s comfort
level for proceeding with the work, therefore , I recommend
Alternative No . 2 . I make this recommendation based upon the
fact that the original construction was completed under a City
contract .
Walker/Sanitary Sewer
August 29 , 1986
Page 2
REQUESTED ACTION:
Move that the City agree to reimburse the property owner' s cost
of sanitary sewer service repair at 1910 East 11th Avenue upon
determination that the repair was necessary due to faulty
construction during the original construction .
KA/pmp
WALKER
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MEMO TO: John K. Anderson, City Administrator
FROM: Judi Simac, City Planner
RE: Appeal by Larry Norring of Board of Adjustment and
Appeals Decision
DATE: August 25 , 1986
Introduction•
At their August 7 , 1986 meeting the Board of Adjustment and
Appeals approved a ten foot variance from the required 40 foot
setback along 13th Avenue for construction of a single family
home. The action of the BAA has been appealed by Mr. Norring
because he had requested a 12 foot variance.
Background•
Please find attached a copy of the minutes from the public
hearing, the staff report and site plan. The Board of Adjustment
r. and Appeals found that it was a hardship to be required to meet
the 40 foot setback from 13th Avenue because the lot also abuts
Tyler Street, which requires a 30 foot setback. However, the
Board did not find a hardship existed to allow an additional two
feet which is. necessary for the construction of the proposed
house.
Alternatives :
1. Deny variance request.
2 . Approve a ten foot variance with the condition that the
applicant must record a variance hold/harmless agreement
prior to issuance of a building permit.
3 . Approve a 12 foot variance with the condition that the
applicant must record a variance hold/harmless agreement
prior to issuance of a building permit.
Action Reauested:
Offer Variance Resolution No. CC-467 a resolution granting a
foot variance from the required 40 foot setback upon Lot 10 ,
Block 2, Minnesota Valley 3rd Addition, and move for its adoption
subject to the condition that:
1. The applicant must record a variance hold harmless
agreement prior to issuance of a building permit.
Attachment
tw
MEMO TO: Shakopee Board of Adjustment and Appeals
FROM: Judi Simac, City Planner
DATE: July 31, 1986
APPLICANT: Larry Norring
LOCATION: Lot 10 , B 2 , Minnesota Valley 3rd;
NW corner of 13th Ave. & Tyler
ZONING: R-2 Urban Residential
LAND USE: Vacant Residential Lot
APPLICABLE REGULATIONS: Section 11. 03 , Subd. 11;
Section 11. 26 , Subd. 5 ;
Section 11. 03 , Subd. 7 , E
FINDINGS REQUIRED: Section 11. 04 , Subd. 5
SURROUNDING LAND USES: Single Family Homes
PUBLIC UTILITIES: Sanitary Sewer and Water Available
PROPOSAL: The applicant is requesting a twelve foot variance from
the 40 foot required front yard setback in order to
construct a single family home.
CONSIDERATIONS:
1. Section 11. 03 , Subd. 7 , E requires lots which abut on more
than one street to provide the required front yard along
every street. The required front yard in the R-2 is 30
feet.
2. Section 11. 03 , Subd. 11 . requires a 40 foot front yard
setback for lots abutting a collector street. 13th Avenue
is a collector street, however it was platted with an 80
foot right-of-way, the normal width for collector streets.
At the present time only 36 feet is constructed for roadway.
Approximately 21. 5 feet exists between the curb and lot
line, for additional r-o-w, however the City Engineer stated
- - it will not be necessary.
3. The applicant has indicated his hardships as:
A. The existing homes have been built with 30 ft. setbacks
from l3 th Avenue.
B. in order to obtain most desirable solar access the
house must be located facing east to _ler. v
C. Location of the house with variance will cause no line
of sight obstruction for traffic.
D. Location of the house on site as proposed is most
efficient use of land, allows for a "back yard" area.
4. Staff has researched the location of the existing houses
along 13th Avenue; all have 30 foot setbacks.
5. The proposed lot is the last remaining lot in the plat,
which abuts 13th Avenue,e- available for development:-=
Recommendation:
Staff recommends approval of the variance based u_Don the
following findings :
1. The variance will not be materially detrimental to the
purpose of the zoning chapter or to property in the same
zone. The additional r-o-w for 13th Ave . to be constructed
as a collector street has been proviaed in the platting
process . Other properties in the vicinity will not be
affected by the additional 2 foot variance from 30 ' lot line
requirement.
2 . The variance requested is the minimum variance which would
alleviate the hardshi-D.
3 . Literal interpretation of the zoning code language would
deprive the applicant of rights commonly enjoyed by
properties in the same area.
Action Recruested:
Offer Variance Resolution No. 467 which allows a 12 foot
variance for the required 40 foot setback along 13th Avenue, and
move for its adoption subject to the following condition:
1. Applicant must record a variance hold harmless agreement
prior to issuance of a Building Permit.
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_ _Ot lc .. _Jt_ :c . a _ler '. ..le a
V_
r )er.3T _O^2�-d on Jf -_Kock , - nner^2a alley .rd ddn. h0-._4.,• .._:.�
carred
,zianir:ously.
pie ^ity Pla=ler stated that the apPlicant would =ire to nave a variance
from the required 40 ft setback to a 30 ft setback plus an additional 2 feet
to allow him to b,-,.-Id his house. r V
..-_i.^..;�.x-„1'1 •�`_.iL'.:_. ;'',,.:'r �:� : ^ l.lii•I :'' -.d^i� 2 r= r t. • .-,'. -.a apt -1 '
FAL 33 ft. S=,;J:. lC. _.ie a.dUitlOnaa 2 ., ,,. 1Sc� 'r: l� all'-,-':
for 3 car �4;e t� be It ^�
a e our=der ^t r.
t,,,_ ._
l , U ilat 6 -cc t .:f e 3' - '• off'-'��� ^ r L_'i� a �=.—a,. ..o . 7C^
note �_r=�� "'zaja as-ed •1,e e _
t_ r was �_��o.ip _.-;In the aud_er,ce -; r•�d
to address t _s issue.
?im
t: , 1051 ":411er t, 1 :cpee, st`te: �..ct he t_::o::s of amb"^�e_
:,.
of f-araZes trat have been put up and have gotten lr ri-Inces fcr then from
the re: _red setbackS.
Phil .,arve,r, 1? 2 13th ' t that a 3 car
5 �� zvem�e, sated that he does not fee a
garage is really necessary and t-,at he feels that somie kind of Lousiness
^i;.t sant oro-tib on in tiers, and that ie fee �
he is it w_ be detrimental to
the area.
Chairman Czaja asked if t'^_ere was anyone else from the audience who wished
tO 2wdreSs this issue. There was no response.
Pou3ray/.Cch,-iitt -offered Variance ?esolu,.ion i:o. 407 which allows a 10 foot
v 4•riance for the required 40 foot Setback a.10-r,g 13th avenue, and move Ve f Or
its adoption subject to the following condition.;
1 . apDlica~lt rust record a variance hold/nameless agreement
prior to issuance of a wilding permit.
i 'ion carried with no—. +an"':aldeghem a0st3ini"1G, and "omereni:e ODpOsed.
tt/�OCt2ra_?re moved to uCi^01��"� 1 _
. J :':O�ion CGr_i0i
as
V
Judi
2 P er ann.
.1�y
-arol Schultz
?eccr'ing Secretary
i
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk '/
r
RE: On Sale Sunday Liquor Sales Prior to 12 : 00 noon
DATE: August 26 , 1986
Introduction and background:
On August 5 , 1986 Council set a public hearing for September 2nd
at 8: 00 p.m. to consider whether or not to permit the sale of
intoxicating liquor for consumption on the premises in
conjunction with the sale of food between the hours of 10 : 00 a.m.
and 12 : 00 midnight on Sundays, provided that the licensee is in
conformance with the Minnesota Clean Air Act.
In order for an on sale liquor licensee to be able to serve
liquor between the hours of 10: 00 a.m. and 12 : 00 noon, Council
must hold a public hearing and adopt an ordinance permitting such
sales.
All liquor licensees were advised of the public hearing.
Alternatives:
a) permit sales on Sunday between 10: 00 a.m. and 12: 00 noon.
This would permit ALL Sunday licensees to sell liquor on
Sunday between 10: 00 a.m. and 12: 00 noon.
b) do not permit sales on Sunday between 10: 00 a.m. and 12: 00
noon. To my knowledge the Shakopee House is the only
licensee who has expressed an interest in serving liquor
prior to noon. There is some interest by their patrons, but
not a great deal.
Recommendation :
Hold the public hearing and if there is little interest, do not
ask staff to prepare an ordinance permitting liquor sales on
Sunday between the hours of 10 : 00 a.m. and 12: 00 noon. Even if
there is a strong interest in sales between 10 : 00 a.m. and 12: 00
noon, Council may not wish to permit sales prior to noon. The
Sunday liquor laws have broadened over the years and it may not
be desirable to broaden them further.
JSC/jb "-
NOTICE OF PUBLIC HEARING.
To Whom It May Concern:
Notice is hereby given that the Shakopee City Council will
hold a public hearing on Tuesday, September 2 , 1986 at 8 : 00 p.m. ,
or thereafter, in the Council Chambers of City Hall at 129 East
First Avenue to consider whether or not to permit a restaurant,
hotel, or club to sell intoxicating liquor for consumption on the
premises in conjunction with the sale of food between the hours
of 10: 00 a.m. and 12 : 00 midnight on Sundays , provided that the
licensee is in conformance with the Minnesota Clean Air Act.
All persons interested in this matter will be given an
opportunity to be heard at this public hearing.
Dated this 15th day of August, 1986 .
Judith S. Cox
City Clerk
City of Shakopee
rJ
ShApp": 1583 East First Avenue • P.O. Box 162 • Shakopee, MN 55379 . 612/445-1400
1I0=
i
September 2, 1986
Mr. John Anderson
City Administrator
Shakopee City Hall
Shakopee, Mn. 55379
Re: Sale of Intoxicating Beverages on Sunday
Clear Mr. Anderson:
Unfortunately I am unable to attend the public hearing scheduled for this
evening relative to a possible change in the Ordinances governing the sale
of intoxicating beverages on Sunday. However, I would like to advise you
of the position of the Shakopee House on this issue.
I believe it would be helpful if the ordinance were changed to allow for
the sale of liquor at any time following 10:00 a.m. on Sundays. Over the
years, I have discovered that when the restaurant is open prior to noon
on Sundays, our customers become very frustrated that they are unable to
purchase a drink. It almost seems as if they are questioning why the
restaurant is open at all if it is not in a position to provide "full
service".
As far as the Shakopee House is concerned, I do not anticipate that such
a change would result in any significant increase in consumption; however, ✓'%
1 would look upon it as a service to our customers and, overall, would 'F
be a benefit to the hospitality business in Shakopee. X
Thank you for your consideration in this matter. `
Sinc rely, ;.
Anthony C. Strupeck $'
General Manager4-441
r 'y
cs
w. SE
_ v
CITY C)F
<,4f --.
a
Budget Hearing on General Revenue Sharing
The City of Shakopee will hold a public hearing at 8: 30 P.M. on September 2 .
1986 , in the Council Chambers of City Hall, 129 East First avenue, Shakopee,
Minnesota, for the purpose of hearing written and oral comment from the public
concerning the proposed annual budget for fiscal vear 1987 and the use o
Revenue Sharing funds as contained in that proposed budget, summarized below.
General Revenue Sharing (GRS) is a program of general fiscal support from the
Federal government to State and local governments with only limited Federal
requirements about how the money should be spent. Decisions on the use of
these funds are made at the local level, by the government and people closest
to local problems. The Revenue Sharing regulations require a hearing on the
proposed use of these funds in relation to the overall budget before the budget
is adopted each year.
All interested citizens, groups, senior citizens and organizations representing
the interest of senior citizens are encouraged to attend and to submit
comments.
SUt•2IA2, ' OF PROPOSED 1987 BUDGET
City of Shakopee
General Fund
Revenues
Source
Property Taxes $ 1,251,852
Licenses & Permits 330,100
intergovernmental 804,819
Service Charges/User Fees 446,050
Fines and Penalties 53,000
Federal Revenue Sharing 102,200
Other Revenue 627 . 98u
Total $ 3,616,005
Expenditures
Activity GRS Funds Other Funds Total
(=- any)
General
Government $ 697,555 697,555
Public Safety 37,200 1,178,425 1,215,625
Public works 37,000 1,097,585 1,1347585
Recreation 28,000 307,190 335,190
Miscellaneous 529 .050 529 .050
Total $102,200 $3, 809 , 805 $3, 912,005
w
A copy of this infoyrmation, the entire proposed budget and additional
background materials are available for pLlDlic insvectlon from 8:00 A.Mto 4:30
P.M. weekdays at Shakopee City 'mall, 129 East First Avenue.
Dated this 15th day of Aug' st, 1986.
John K. Anderson.
City Administrator
City of Shakopee
MEMO TO: John K. Anderson, City Administrator
FROM: Judi Simac, City Planner J
RE: Racetrack District Land Use Survey
DATE: August 27 , 1986
Backcrround
On August 1, 1986 the draft final Racetrack District report
was distributed to City Council members for review and comment
prior to completion of final graphics and adoption by resolution.
The final report has been prepared and is attached. It is
recommended that the City Council adopt the Racetrack District
Land Use Study by resolution.
Action Requested:
Offer Resolution No. 2608 , A Resolution Adopting the
Racetrack District Land Use Study as prepared by Hoisington Group
Inc. and move for its adoption.
RESOLUTION NO. 2608
A Resolution Adopting the Racetrack District
Land Use Study as prepared by Hoisington Group Inc.
WHEREAS, on December 17 , 1985 the City Council authorized
the hiring of Hoisington Group Inc. to perform a land use study
of the area surrounding Canterbury Downs, and;
WHEREAS, the purpose of the study was to determine whether
compatible commercial activities should be permitted in the
vicinity of Canterbury Downs, to prepare a land use and
transportation plan for the track' s environs, to establish a
special Racetrack Zoning District and to establish the boundaries
of such special district and;
WHEREAS, the study was conducted with the assistance of the
Racetrack District Land Use Study Committee, appointed by City
Council, and through a series of public hearings and meetings
with landowners;
NOW THEREFORE BE IT RESOLVED by the City Council of the City
of Shakopee, Minnesota that the Racetrack District Land Use Study
as prepared by Hoisington Group Inc. be, and the same hereby is
approved and adopted.
Adopted in session of the City Council of
the City of Shakopee, Minnesota, held this day of
1986 .
Mayor of City of Shakopee
ATTEST:
City Clerk
Approved as to form this day
of 1986 .
x
City Attorney —__-----------_—
/06
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Adoption of Revised Planned Unit Development Ordinance
DATE: August 29 , 1986
Introduction
In reviewing the map for the revised Planned Unit Development
Ordinance initially submitted with Judi Simac ' s August 27th
memorandum, I became curious about the status of Koskovich' s 10
acres that were to be zoned RTB. Judi Simac was not in the
office so Steve Hurley and I did the cross checking.
Findings
The attached map entitled "Figure 6 Approved Rezoning 7/25/86"
represents both the racetrack district zoning ( shaded area) and
the mandatory PUD zoning area (dotted line) . Note that this map
from the last page of the Hoisington Racetrack District Land Use
Study includes the 10 acres of Koskovich' s property within the
mandatory PUD boundary. Steve Hurley reviewed the legal
descriptions included in draft Ordinance No. 206 and found that
the language did not include the 10 acres of Koskovich property.
Steve also obtained a letter from Judi ' s secretary with the
proper legal description for the 10 acres ( attached) .
Alternatives
1. Discuss original intent of the inclusion of the 10 acres of
Koskovich property in the RTD, and its inclusion in the
mandatory PUD ordinance. If the intent was to include it
like all other RTD zoned property, then Council should amend
the draft ordinance.
2. If Council did not intend to include this particular 10
acres in the mandatory PUD area, then Ordinance No. 206 can
be approved as presented.
Recommendation
I do not recall any specific discussion regarding the exclusion
of Koskovich' s 10 acres from the mandatory PUD ordinance nor does
Peter Beck, their attorney. Therefore, I recommend that draft
Ordinance No. 206 be amended.
Action Requested
Offer a motion to amend draft Ordinance No. 206 to include in the
mandatory PUD ordinance area the 10 ac. SW 1/4 of NW 1/4 of SW
1/4 Section 4, Township 115 , Range 22 , which is a portion of
parcel No. 27-904-009-0 that is zoned Racetrack District.
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CITE' OF SHA KOPPE
INCORPORATED 1870
129 EAST FIRST AVENUE, SHAKOPEE. MINNESOTA 55379-1376 (612) 445-3650
July 30 , 1986
Mr. Peter Beck
Larkin Hoffman Daly & Lindgren Ltd.
1500 Northwestern Financial Center
7900 Xerxes Ave. S.
Bloomington, MN 55431
Dear Peter:
The legal descriptions used in the ordinance re: Koskovich
property are as follows:
Parcel # 27-904-009-0
RTD: 10 ac SW 1/4 of NW 1/4 of SW 1/4 Section 4 , Township 115
Range 22
Z-1: 30 ac NW 1/4 of SW 1/4 Section 4 Township 115 Range 22
Ex 10 ac in SW 1/4 of NW 1/4 of SW 1/4 Section 4 Town-
ship 115 Range 22
Parcel A 27-904-010-0
I-1: The NE 1/4 of SW 1/4 , Section 4 , Township 115 , Range 22
except the North 40 feet for road and the South 185 feet
-of the East 471 feet thereof.
S will forward copies of all ordinances, and RTD repert to
you when completed.
Yours truly,
r
?udj-- Sima--
City
Planner
JS:tw
Ti; e Heart of Progress Valley
� 6
MEMO TO: John K. Anderson, City Administrator
FROM: Judi Simac , City Planner
RE: Adoption of Revised Planned Unit Development Ordinance
DATE: August 27 , 1986
Background:
At their June 17 , 1986 meeting the City Council directed
staff to prepare an ordinance which repeals the existing Section
11. 40 of the City Code and replaces it with a new section
entitled "Planned Unit Development" P.U.D. and also amends
Section 11. 02 , Definitions and the zoning map by placing certain
parcels in the mandatory PUD district.
Attached is a copy of Ordinance No. 206 for consideration by
the City Council. Also attached is an illustration of the
mandatory P.U.D. district which was established in conjunction
with the Racetrack District. Mandatory P.U.D. districts means
that all property within the area can only, be developed through
the P.U.D. process.
Action Reauested:
Offer Ordinance No. 206 , Fourth Series and move for its
adoption.
r 16
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J I I
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.f��- ______ I - .• i Lam.: •� �� D I
f
ORDINANCE NO, 206
Fourth Series
An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City
Code Chapter 11 Entitled "Land Use Regulation (Zoning)" By Repealing
the Entire Section 11.40 and by Replacing It with a New Section 11.40
Entitled "Planned Unit Development (PUD)" and by Amending Section 11.02
"Definition" by Repealing #99 thereof and Adopting a New 99 and by
Amending the Zoning Map Section 11.21 by Showing and Describing a
Mandatory PUD Area and by Placing Certain Parcels within the Mandatory
PUD Area and by Adopting by Reference Shakopee City Code Chapter 1 and
Section 11.99
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I; Repeal
All of Section 11.40 entitled "Planned Unit Development" and B99 of Section
11.02 are repealed.
SECTION II: New Definition of "Planned Unit Development"
Add to Section 11.02 as follows:
99. Planned Unit Development (PUD)
A process used to acquire approvals for a project or development which
requires the preparation of plans as specified herein and, upon approval
of said plans by the City, establishes_ the land use pattern; the density
or intensity of use; yard, lot coverage, landscaping, building height
and spacing requirements; the architectural character of the project;
pedestrian and vehicular system locations; outdoor storage; loading,
signage, parking and open space requirements and locations and such other
requirements as are deemed necessary and appropriate for the area encompassed
by the PUD.
A."Preliminary Development Plan"
A general PUD plan which represents a long range multiphased
development concept for a larger parcel of land.
B. "Final Development Plan"
A detailed PUD plan which represents a project that is. to be
constructed as`a single phase in the reasonably near future.
SECTION III: New Section 11.40 Adopted as follows:
- 1 -
SUBD 1 Purpose. \ It is the purpose of this Section of the Zoning
Chapter to encourage innovation; variety and creativity in site
planning and architectural design; to maximize development compat-
ibility; to encourage the planning of entire ownerships of land
as a unit; to provide for greater efficiency in the use of land,
public streets and energy; to protect imr)ortant natural and
cultural landscape features ; to preserve more open space than
would be possible without PUD and to provide cuality living,
working, shopping and recreating environments for Shakopee residents
and visitors.
It is further the intent of this Section to provide greater
development flexibility by permitting variances and the negotiation
of development standards and such other provisions as shall
be mutually beneficial to the City and the proponent.
SUBD 2 Eliaibi lits. PUD may be applied within any district
subject to the following:
A. Mandatory PUD. Within areas so designated on the Official
zoning map Of the City, the use Of PUD Sr.all bA mandatory.
B. Minimum PUD Size.
1. Optional PUD. The site for which an optional PUD
is requested, shall be ten ( 10 ) acres or larger in
size, except that PUD may be used for a smaller parcel
of land where the total noncontiguous ownership is
less than ten (10 ) acres provided there is , in the
judgement of the Planning Commission, a clear benefit
t0 the City which provides Opportunities for needed
control Or the tresert
val0n Of OpeP.SpaCe and natural
X
eatures.
2 . Mandatory PUD. NO minimum size is required, however,
where site Ownership exceeds ten ( 10) acres, a minimum
of
ten (10) acres shall be included within a mandatory
PUD.
C. Utilities. The project site shall be served by city water
and sewer services. Private water service may bea__Ow,.l e
d
subject t0 City Coiincil approval.
D. Control. Land to be incorporated within a PUD shall be
under the control of one (1) owner or a group cf owners
and said land shall. be capable
integral unit. of being planned as one
SUBD 3 Uses Permitted. The use of PUD conveys no right to
the use Of land other than as permitted by
which the PUD is applied.- - Uses pe_ �= -t-he district within
'moi wed shall be those specifie
for each zoning-- district: - s7 --- -
_or -uses- -reet;iring- a Ccndi tional
2 -
Use Permit and subject to the eligibility requirements, the
PUD procedure may be used in lieu of the conditional use procedure.
SUED 4 Variance Restrictions . Zoning district standards may
be negotiated and variances from district requirements granted
by the Citv as part of the PUD process . The following restrictions
shall apply to the granting of variances by PUD:
A. Fire and Safetv. No variances shall be negotiated which
in any way violate the fire and safety codes of the City.
B. Exterior Streets and Yards . No reduction in yard requirements
shall be permitted adjacent to exterior property lines
or exterior public streets .
C. Interior Streets . No building shall be located less than
fifteen ( 15 ) feet from the back of the curb line along
interior streets that are to be maintained by the City.
D. Off-Street Parking. No variances shall be negotiated for
off-street parking except as specifically provided for
in Section 11. 05 , Subd. 3 .
E. Openspace. No variances shall be negotiated which will
result in less openspace than is required by the District.
This includes yard requirements .
Density. Residential densities shall not be increased
by more than ten percent ( 10%) .
SUED 5 PUD Application Requirements.
A. Application and Fees. The PUD process shall be initiated
by filing an application and the re-quired application fee
with the Administrator not less than twenty eight ( 28 )
days prior to the Planning COMM) SSiOn meeting at which
the request wi ll be heard. In addition to a fee fixed
and determined by the Council and aaop yea by resolution,
the Administrator may request that the proponent deposit
Up to S1, 000 - 00 for planning, engineering, ad-mini strative
and legal expenses incurred by the City for the review
and processing of the application, any remainder of which
will be refunded to the applicant.
B. Plan Reuuirements. No PUD application shall be accepted
by the City unless it is accompanied by a Preliminary De-
velopment Plan or a " Final Development Plan. The applicant
may submit Preliminary and Final Development Pians s_mul-
taneously for considerer ion by the City.
For a mandatory PUD, a building permit shall not be issued
until a Final Development Plan has been approved by the
City. For an -optional PUD, a building permit--shall--not` - - -
be issued unless a Final Development Plan has beer-_ approved
3 -
by the City or unless the proposal Co..fCrms in all respects
to the requirements of the zoning district.
SURD 6 PUD Procedures .
A. Planning CV-Mmission Review Notice P,.:b1 4 Hearing
and
Recommendation. The Administrator shall post notice and
refer the application to the Planning Commission for review
and public hearing. Notice of the hearing shall be published
in the official newspaper at least ten ( 10 ) days prior
to the hearing. Notice shall also be mailed to all owners
of property within 350 feet of the outer boundaries of
the PUD.
The Planning Commission shall submit its recommendation
to the City Council within sixty ( 60 ) days of receipt of
the application unless an extension is agreed to in writing
by the proponent., If no recommendation is transmitted
by the Planning Commission within sixty ( 60) days, the
City Council may take action without a Plan
recommendation. ning Commission
B. City Council Review Notice
Public Hearing and Action.
Upon receiving the Planning Commission ' s recommendation
or after sixty ( 60 ) days from the receipt
Of without a Planning Commission recommendation, apthe CaCity
Council shall consider the application.
The City Council shall consider the advice of the Planning
Commission and shall approve, disapprove or suggest modifi-
cations to the PUD.
C. Findings. The City Council shall not approve a PUD unless
nds as follows:
1 • The proposed development is consistent ; n a_
with - - - ' 1 respects
ane City Ccmprehensive Plan.
2. Where . variances are requested, greater compatibility
witn surrounding land uses warrants the 1;
variances. grant-ng of
3 • The openspaCe gain warrants the use of UD to grant
variances. -
P
4. The Final Development Plan is in substantial conformance
With the approved Preliminarya L
DeveloZ., Plan.
D. Development Aare em nt. In Lhe even T P
o- anal Devel L � o- a UD Preliminary
opm_nt Plan the
approval, City Council shall
direct the City Attorney to draft a Development A
in a manner so as to allow its =i� greement
the County s cr, - Ing in the office of
Re -d_- , that s tales the condi- ,
the PUD was approved. The „-- -, -ons upon which
City Coun..i l� shali pass a resolution- -
- 4 -
t 6
approving or denying said agreement.
E. Conditions and Records . The City may impose such conditions
as it deems necessary as part of the approval of a Preliminary
or Final Development Pian. A complete record shall also
be maintained for all approved plans , amendments and development
agreements .
F. Plan Amdnements and Subseauent Final Development plans .
Procedures for Preliminary Development Plan amendments
and subsequent Final Development Plans shall be as prescribed
above. Each proposed Final Development Plan phase shall
be in substantial conformance with the approved Preliminary
Development Plan.
G. Lapse and Extension. If within one ( 1 ) year after the
approval of a Final Development Plan, a building permit
has not been issued and a request in writing for an extension
has not been received by the City, said plan shall become
null and void. If an extension is petitioned for by the
proponent within one ( 1 ) year, the City Council may extend
the approval of the Final Development Plan without a public
hearing for one ( 1 ) additional year upon finding that 1 )
a good faith effort has been made to use the PUD, 2) there
is reasonable expectation that the PUD will be used, and
3 ) the facts upon which the original PUD was issued are
essentially unchanged.
H. Building Permits. At the time of building permit approval,
the building plans shall be reviewed by the Zoning Administrator
and Building Official to establish their compliance with
the approved Preliminary and Final Development Plans .
If they do not comply, the plans shall be reviewed by the
Planning Commission and City Council and a public hearing
s.nall be conducted by the Planning Coi=ni ssion, all in accordance
with the above established procedures .
SU3D 7 Submission Reluirements .
A. Preliminary Development Plan. Fifteen (15) copies of the
following plans and information shall accompany the application
X
ee. Such i nformation shall be stapled together or otherwise
attached to provide a neat and organized written and graphic
package.
1. Project '-n-Formation including site size, ownership,
developer, development timing and such other information
as will be helpful in understanding the proposal.
2. Area information including boundary conditions , adjacent
OV ners::ips and property lines, surrounding land use,
existing transportation, existing zoning, compliance
with the City' s Comprehensive ve PlaI1
r
5 - - -
3 . Eristina Site Tnfcrmati.en including soils , vegetation
topography, slope conditions , water features , drainage,
wildlife, existing land use, etc.
4 . The Preliminary Development Plan Proposal illustrating
the proposed use of land, acreages , proposed densities
or building square footages , building height, street
and walkway locations , recreation and epenspace areas ,
proposed utilities , landscaping concepts , mass grading,
project phasing, anticipated variances , and any other
information that will be helpful in understanding
and evaluating the proposal.
S . Final Development Plan PrcDOsal for PhaseI if Preliminary
and Final Development Plans are to be processed simul-
taneously.
B. Final Development Plan. Fifteen ( 15 ) copies of the following
plans and information shall accompany the application and
fee. Such information shall be stapled together or otherwise
attached to provide a neat and organized written and graphic
package. The Administrator shall have the discretion to
waive Project and Area Information and such other information
as may be deemed inappropriate for remodeling, building
expansion and similar small projects.
1 . Project Information Area information and Existing
Site information as required for a Preliminary
Development Plan.
2 . The Final Development Plan Proposal including the
following:
a) A Site Plan which illustrates the following:
( 1 ) Location and dimensions of lot, building,
driveways, curb cuts and Off-street parking
spaces and loading areas,
(2 ) Distances between building and front, side
and rear lot lines; principal building and
accessory buildings; principal building
and principal buildings on adjacent lots
and requested variances,
( 3 ) Site Grading including existing topography
and proposed grading at two ( 2 ) f
intervals, Oct contour
( 4 ) Lo=ation of easements and utilities,
( 5 ) Location and design of signs,
( 6 ) Bui , ng heights, and
( 7 ) A tamulation of density, land use intensity,
lot coverage, and acreages and percentages
of land devoted to build
cpenspace ing, Parking and
b) Preliminary architectural d_aw,-ings Ilustrating - -- -
I
- 6 - - -
lb � . ,
schematic floor plans , building massing and elevations
and exterior materials of construction.
W A landscape plan prepared by or under the supervision
of a landscape architect showing material types ,
common and botanical names , sizes , number and
location.
d) A lighting plan showing the type, height and
location of parking lot, driveway and security
lighting.
e) A drainage and erosion control plan as appropriate
to satisfy the requirements of the watershed
district having jurisdiction.
f) Any additional written or graphic information
as may reasonably be required by the Administrator
and applicable sections of the Zoning Chapter,
including, but not limited to, the following:
( 1 ) Type of business and proposed number of
employees by shift, land use and housing
profiles , etc. ,
( 2 ) Estimated use per day of the sanitary sewer
and public water systems ,
( 3 ) Proposed
private covenants or other legal
instruments,
( 4 ) Phasing and construction schedule,
( 5) Proposed variances and rationale.
SECTION IV: Parcels Included in Mandatory Planned Unit Development
The following parcels are included within Mandatory PUD:
7 -
Parcels which will he located within the mandatory P.U.D.
PARCEL NUMBERS -
27-905-007-0 W 449 ' of S 573 . 4 ' of SW 1/4 of SW 1/4 lying
Northerly of Co. Rd. 16 , Sect. 5 , Twp 115 , R 22
27-905-008-0 E 120 ' of W 569 ' of the S 573 . 4 ' in SW 1/4 of SW
1/4 , Sect. 5 , Twp 115 , R 22
27-905-009-1 S 195 . 4 ' of the E 117 . 0 ' of W 719 ' of Sect. 5 , Twp
115 , R 22
27-905-011-1 Document No. 149134 . The E 1501 , W 8691 , S 223 . 4 '
of SW 1/4 of SW 1/4 , Sect. 5 , Twp 115 , R 22
27-905-011-0 E 150 ' of W 869 ' of S 573 . 4 ' of SW 1/4 Excepting E
150 ' of W 869 ' of S 223 . 4 ' Sect. 5 , Twp. 115 , R 22
27-905-010-0 E 100 ' , W 969 ' of S 573 . 4 ' of SW 1/4 of SW 1/4
excepting E 100 ' of W 969 ' of S 223 . 41 , Sect. 5 ,
Twp. 115 , R 22
27-905-010-1 Document No. 149134 . E 100 ' , W 9691 , S 223 . 4 ' of
SW 1/4 of SW 1/4 Sect. 5 , Twp 115 , R 22
27-905-004-0 P/O S 573 . 4 SW 1/4 of SW 1/4 E of Line 969 . E of W
line excepting E 2 rods, excepting 1. 97 acres,
excepting 2. 67 acres , excepting 1. 9 acres,
excepting N 335 ' of E 150 ' Sect. 5 , Twp 115, R 22
27-905-004-1 N 335 ' of E 150 ' and that P/O S 573 . 4 ' of SW 1/4
of SW 1/4 E of line 969 ' E of W line excepting E 2
rods., excepting 1. 97 acres, excepting 2. 67 acres
excepting 1. 9 acres, Sect. 5 , TW-p 115, R 22
27-905-006-0 2 rod strip along E line of S 17 1/2 acres in SW
1/4 of SW 1/4 Sect. 5, Twp 115 R 22
27-908-006-0 E 1/2 of NW 1/4 N . of road excepting 5 acres Secy
8 , Two. 115, R 22 `.
27-908-025-0 P/O NW 1/4 . BEG at intersecting E line and Co. Rd.
16, N 1048 . 33 , W 221, S 922.72, SS 254. 2 to BEG
Sect. 8, .Twp 115, R 22
27-908-026-0 P/O NW 14 of NW 1/4 of NW 1/4 NE of Co. Rd. 16
and E of line 969, E of W line excepting E rod
Sect. '8 , Two 115 , R22 v g i-
27-908-026-1 E 1 rod o x 49 1/4 of NW 1/4 lying N of Co. Rd 16 ,
Section 81Twp 115 , R 22
27-908-032-0 E 120 ' of W 569 ' lying Northerly of centerline of
Co. Rd. 16 in N'rl 1/4 of NW 1/4 Sect. 8 , Two. 115
R 22 _
8 - _
27-908-033-1 P/O E 117 ' , W 719 ' , lying NE' of Co. Rd. 16 , Sect.
81 Twp 115 , R 22
27-908-034-0 Document No. 149134 , E 100 ' of 969 ' NE of Co. Rd.
16 , Sect. 8 , Twp 115 , R 22
27-908-035-0 Document No. 149134 E 150 ' of W 869 ' lying
Northerly of centerline of Co. Rd. 16 in NW 1/4 of
NW 1/4 Sect. 8 , Twp 115 , R 22
27-078-001-0 Lot 1 Block 1 Clay' s 1st Addn.
27-905-017-0 NW 1/4 SW 1/4 Ex. 7 . 7 and 4 . 32 and Ex. 4 . 07 acres
and N 22 acres of SW 1/4 of SW 1/4 Ex E 2 rods,
Sect. 5 , Twp 115 , R22
27-905-018-0 N 499 . 7 ' of NW 1/4 of SW 1/4 Ex. E 975 ' Sect. 5,
Twp 115 , R 22
27-905-019-0 S 200 ' of N 699 . 70 ' of E 975 ' NW 1/4 of SW 1/4 Ex.
33 ' thereof, Sect. 5 , Twp 115 , R 22
27-905-020-0 7 . 70 acres in NW 1/4 of SW 1/4, Section 5, Twp
115 , R 22
27-906-028-0 E 5/8 of N 1/2 of SE 1/4 Ex. Com SW corner, N
2501 , E 503 ' S 2501 , W 503 ' to POB, Sect. 6 , Twp.
115 , R 22
27-906-029-0 Document 151187 Triangular tract in E 3/4 of S 1/2
of SE 1/4 N of Shakopee and Credit River Road Ex
3 . 5 acres Sect. 6 , Twp 115 , R 22
27-905-022-0 10 acres in the SW 1/4 of NE 1/4 , Sect. 5, Twp
115 , R 22
27-905-023-0 20 acres in the W 1/2 of SE 1/4 of SW 1/4 , Sect.
5 , Twp 115, Range 22
27-909-014-0 The NW 1/4 of NW 1/4 , Sect. 9 , Twp. 115 , R 22
27-909-013-0 The NE 1/4 of NW 1/4 and the S 1/2 of NW 1/4
except the S 400 ' of the W 100 ' and except 42
acres Canterbury Park 2nd Addn)
27-909-013-1 The S 400,' of the W 100 ' of the S 1/2 of NW 1/4
Sect. 9 ,t Twp. 115 , R 22
27-909-001-1 See Exhibit 1
27-909-004-0 A triangular part=-of---Sect-:_ 9 �
- Twp- -_5_,- - R 22 Lying - -- --- --
N of the N '?ine of the proposed- Truck Hwy 16-9-
9
09 9 -
Bypass Right-of-way E of the W line of the S and N
line of the NE 1/2 of the SW 1/4 of Sect. 9 , Typ
115 , R 22
27-904-010-2 The S 1/2 of the SE 1/4 of the SW 1/4 and the NW
1/4 of the SE 1/4 of the SW 1/4 , all in Sect. 4 ,
Twp 115 , R 22 . Containing 30 acres more or less.
27-904-010-3 &
27-904-010-1 The NE 1/4 of the SE 1/4 of the SW 1/4 of Sect. 4,
Twp 115 , R 22
27-905-001-0 100 acres in the SE 1/4 of Sect. 5 , Twp 115, R 22
except the NW 1/4 of SE 1/4 of the N 1/2 of the SE
1/4 of Sect. 5 , Twp 115, R 22
27-905-022-0 10 acres in the NW 1/4 of NE 1/4 of SW 1/4 of
Sect. 5 , Twp 115, R 22
27-905-023-0 20 acres in the E 1/2 of SE 1/4 of SW 1/4 of
Sect. 5 , Twp 115, R 22
27-905-023-1 The E 4 rods of the NE 1/4 of SW 1/4 of Sect. 5, .
Twp 115 , R 22
27-905-013-2 See Exhibit 2
27-905-013-1 See Exhibit 3
27-905-014-0 See Exhibit 4
27-905-013-0 See Exhibit 5
27-908-040-0 The W 1/2 of NE 1/4 , Sect. 8, Twp 115, R 22
27-908-041-0 See Exhibit 6
27-908-068-0 See Exhibit 7
27-908-071-0 The E 1/2 of NE 1/4 of Sect. 8
wO 115,
lying Northerly of the centerline of rCR #16 . R 22
27-085-001-0 Lot 1, Block 1, DCCO First Addition
27-117-001-0 Lot 1, Block 1, Prahmcoll 1st Addn.
27-117-002-0 Part of OutlOt A, Prahmcoll 1st Addn.
27-117-002-1 Part of Ottlot A, Prahmcoll 1st Addn.
27-123-001-0 Lot 1, Block 1, Canterbury Park 2nd Addn.
27-123-002-0 Lot 2, Block 1, Canterbury--Park 2nd- Addn.
- 10 -
1 6 '
27-123-003-0 Lot 1, Block 2 , Canterbury Park 2nd Addn.
27-123-004-0 Lot 2 , Block 2 , Canterbury Park 2nd Addn.
27-123-005-0 Outlot A, Canterbury Park 2nd Addn.
27-123-006-0 Outlot B, Canterbury Park 2nd Addn.
27-123-007-0 Outlot C, Canterbury Park 2nd Addn.
27-123-008-0 Outlot D, Canterbury Park 2nd Addn.
- 11 -
EXHIBIT 1
That part of the West half of the Southwest
Township 115 , Range 22 , Scott countlying
Quarter; Section 9 ,
Center
line of County Road No. 16 ; EXCEPTING THEREFROM THEth ofthe FOLLOWING
TRACTS:
Tract A - Commencing at a point on the East line of said West
one-half of the Southwest Quarter distant 50 . 0 feet South of the
Northeast corner thereof: thence Westerly parallel with the North
line of said West one-half of the Southwest quarter a distance of
360. 00 feet to the actual point of beginning of the land to be
described; thence continuing Westerly parallel with said North
line a distance of 210 . 00 feet; thence South
parallel
East line a distance of 532. 72 feet to the Center line of1Co. sRd.
No. 16 ; thence Southeasterly along said Center line a distance of
167 . 83 feet; thence Northeasterly at right angles to said Center
line a distance of 50. 00 feet; thence along a tangential curve
concave to the Northwest having a radius of 286 . 39 feet; a Delta
angle of 30 degrees 42 minutes 00 seconds , an arc length of
153 . 45 feet to its intersection with a line drawn from the point
of beginning and parallel with said East line; thence North along
said parallel line a distance of 425 . 96 feet to the point of
beginning.
Tract B - Beginning at a point on the East line of said West one-
half of the Southwest Quarter distant 50 . 00 feet South of the
Northeast corner thereof; thence Westerly and parallel with the
North line of said West one-half of the Southwest Quarter a
distance of 300 . 00 feet; thence South parallel with said East
line a distance of 425. 04 feet; thence along a tangential curve
concave to the Northwest having a radius of 346 . 39 feet, delta
angle of 30 degrees 42 minutes 00 seconds, an arc length of
185 . 60 feet; thence Southwesterly tangent to the last described
curve to the Center line of
g to its interseco. tiond. Nwitho. 6the heast lineheOf`said
along Center line
West one-half of the Southwest Quarter; thence North along said
East line to the point of beginning.
EXHIBIT 2
That part of the Northwestr
Section 5 Qua-ter of the Southeast quarter of
Township 115 , Range 22, Scott County, Minnesota,
described as follows:
Commencing at the Northeast corner of said
Northwest Quarter of the Southeast
the North line of said Northwest Quarter; thence Westerly along
a distance of 233 feet to the actual
of the Southeast Quarter
Southerly parallel with the East lineof int of Negirr.ing; thence
Of the Southeast of said Northwest Quarter
Qua_ter a distance of 467
fee
parallel with the North ' line of said Nor t thence Westerly
thwes
Southeast Quarter a distance or Lt Quarter of the
Parallel with the E 200 feet, thence Northerly and
East line of said Northwest Quarter of the
Southeast quarter a distance of 467 feet to the North line of
saidNorthwest Quarter of the Southeast t
along said North line-200 Quarter • thence Easters
Feet to the point of beginning:._ �Y- -- - -
- 12 - - -
EXHIBIT 3
That part of the Northwest Quarter of the Southeast Quarter of
Section 5 , Township 115 , Range 22 , Scott County, Minnesota,
described as follows: Commencing at the Northeast corner of said
Northwest Quarter of the Southeast Quarter; thence West along the
North line of said Northwest Quarter of the Southeast Quarter a
distance of 33 . 0 feet; thence South parallel with the East line
of said Northwest Quarter of the Southeast Quarter a distance of
250 feet to the actual point of beginning; thence continuing
South parallel with the East line of said Northwest Quarter of
the Southeast Quarter a distance of 217 . 0 feet; thence West
parallel with the North line of said Northwest Quarter of the
Southeast Quarter a distance of 200 . 0 feet; thence North parallel
with said East line 217 . 0 feet; thence East parallel with said
North line a distance of 200 . 0 feet to the point of beginning,
together with a non-exclusive easement appurtenant for ingress
and egress over the North 467 . 0 feet of .the East 33 . 0 feet of the
Northwest Quarter of the Southeast Quarter of Section 5, Township
115, Range 22 , Scott County, Minnesota.
EXHIBIT 4
That part of the Northwest Quarter of the Southeast Quarter (NW
1/4 of SE 1/4 ) of Section 5 , Township 115, Range 22, Scott
County, Minnesota, described as follows:
Commencing at the Northeast corner of said Northwest Quarter of
the Southeast Quarter; thence Westerly along the North line of
said Northwest Quarter of the Southeast Quarter a distance of
33 . 0 feet to the actual point of beginning; thence Southerly
parallel with the East line of said Northwest Quarter of the
Southeast Quarter a distance of 250. 0 feet; thence Westerly
parallel with the North line of said Northwest Quarter of the
Southeast Quarter a distance of 200 . 00 feet; thence Northerly
parallel with the East line of said Northwest Quarter of the
Southeast Quarter a distance of 250 . 00 feet to the North line of
said Northwest Quarter of the Southeast Quarter; thence Easterly
along said North line 200 . 00 feet to the point of beginning.
Subject to an easement over the North 33 . 0 feet thereof for
County Road No. 82 .
EXHIBIT 5
The Northwest Quarter of the Southeast Quarter in Section 5 ,
Township 115 , Range 22, Scott County, Minnesota, EXCEPT two
parcels of land previous 17 conveyed as follows:
EXCEPTION 1: That part of the NW 1/4 of the SE 1/4 of Section 5 ,
Township 115 , Range 22, Scott County, Minnesota, described as
follows: Commencing__at the Northeast corner of said NW _ 1/4 of -
the SE 1/4; thence West along --the North line of said -N'W-1/4 of
the SE 1/4 a distance of 3 3-. 0 --feet to the actual
point of --- -
- 13 -
beginning; thence continuing West along said North line a
distance of 200 . 0 feet; thence South parallel with the Est line
of said NW 1/4 of the SE 1/4 a distance of 250 . 0 feet; thence
East parallel with said North line a distance of 200 . 0 feet;
thence North parallel with said East line 250 . 0 feet to the point
of beginning.
EXCEPTION 2 : That part of the Northwest Quarter of the Southeast
Quarter of Section 5 , Township 115 , Range 22 , Scott County,
Minnesota, described as follows : Commencing at the Northeast
corner of said Northwest Quarter of the Southeast Quarter; thence
West along the North line of said Northwest Quarter of the
Southeast Quarter a distance of 33 . 0 feet; thence South parallel
with the East line of said Northwest Quarter of the Southeast
Quarter a distance of 250 feet to the actual point of beginning;
thence continuing South parallel with the East line of said
Northwest Quarter of the Southeast Quarter a distance of 217 . 0
feet; thence West parallel with the North line of said Northwest
Quarter of the Southeast Quarter a distance of 200 . 0 feet; thence
North parallel with said East line 217 . 0 feet; thence East
parallel with said North line a distance of 200 . 0 feet to the
point of beginning, together with a non-exclusive easement
appurtenant for ingress and egress over the North 467 . 0 feet of
the East 33 . 0 feet of the Northwest Quarter of the Southeast
Quarter of Section 5 , Township 115, Range 22 , Scott County,
Minnesota.
EXHIBIT 6
A tract of land in the Northeast Quarter of Section 8 , Township
115 North, Range 22 West, Scott County, Minnesota described as
follows: Commencing at the intersection of the West line of said
Northeast Quarter and the center line of County State Aid Road
No. 16 and running thence North along said West line a distance
of 188. 8 feet; thence Southeasterly and parallel to said center
line of road a distance of 365 . 4 feet; thence South and parallel
to said West line a distance of 188 . 8 feet to the center line of
said road; thence Northwesterly along said centerline to the
point of beginning. Subject to road right of way over the
Southwesterly 33 feet thereof. Said tract containing 1. 6 acres.
EXHIBIT 7
r That part of the West one-half of the Northeast
ter W 1/2 of
NE 1/4 ) of Section 8 , Township 115, Range 22 , Scot - County,
Minnesota, lying Northerly of County Road No. 16, and South of
the North 977. 36 feet ( as measured at right angles to the North
line) of said West one-half of the Northeast r .,
1/4 ) . Containing 5 . 90 acres more or less EXCEPTINGrTHERE/ROMfthe
following described property: A tract of land in the Northeast
Quarter (NE 1/4 ) of Section 8 , Township 115, North, Range 22
West, Scott County, Minnesota described as fol
at the intersection of the West line of said Northeastmmearter
(NE 1/4) and the center line of County State Aid Road No. Quarter
-
14 -
running thence North along said West line a distance of 188 . 8
feet; thence Southeasterly and parallel to said center line of
road a distance of 365 . 4 feet; thence South- and parallel to said
West line a distance of 188 . 8 feet to the center line of said
road; thence Northwesterly along said center line to the point of
beginning. Subject to road right of way over the Southwesterly
33 feet thereof, said exception containing 1. 6 acres more or
less .
SECTION V: Amend Zoning Map
Amend Zoning Map Section 11.21 by illustrating the mandatory PUD Area
in accordance with Section 11.40, Subd 2A which includes the properties herein-
before described.
SECTION VI: Adopted by Reference
The general provisions and definitions applicable to the entire City Code
including the penalty provisions of Chapter 1 and Section 5.99 entitled "Violation
a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim herein.
SECTION VII: When in Force and Effect
After the adoption, signing and attestation of this Ordinance, it shall be
published once in the official newspaper of the City of Shakopee and shall be in
full force and effect on and after the date following such publication.
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
Prepared and approved as to farm this 21st
day o August, 1986.
� 3 )
�,✓ ,_ --�' �,"ie--�'fie,
City Attorney
- 15
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Aide !
RE: Amendment of the Shakopee Community Access
Corp. By-Laws
DATE: August 26 , 1986
Introduction:
With the approval of several amendments to the Cable
Franchise Ordinance that occurred earlier this year, it has
become necessary for the Access Corporation to make several
changes in their by-laws.
Background:
In brief, the Access Corporation is recommending changes in
the following areas: ( 1) Appointment process of board members,
( 2) Creation of a new membership class; and ( 3) Reduction in the
size of the board itself.
( 1) The current process of appointing board members is
cumbersome and time consuming. It states that the Access Board
of Directors must receive a petition signed by 200 of the
membership in support of a potential board candidate before City
Council can appoint the board member. The Access Corporation
Board of Directors would like the petitioning element deleted
from the process.
( 2) A new membership class is being proposed due to the fact
that cable subscribers are being charged a $ . 25 per month
subscriber fee that helps support public access. The Board feels
that these individuals should receive a voting membership because
they are in fact paying dues through their subscriber fees.
Quorum requirements have been reduced accordingly throughout the
by-laws to reflect the larger membership that the corporation
will be dealing with.
( 3 ) Finally, the Board is recommending that the size of the
board be reduced from seven members to five members. The Board
has experienced difficulty in filling the seven required
t positions and feels that it would be prudent to reduce the board
size at this time.
I have attached a complete set of the by-laws for your
review. Please note that new language recommended for inclusion
in the by-laws is unddrlined and language proposed for deletion
has a dotted lin& typed through it. Our City Attorney has
approved the proposed amendments as to form.
Alternatives :
1. Approve the proposed amendments to the Shakopee Community
Access Corporation By-Laws as recommended by the Shakopee
Community Access Corporation Board of Directors.
2 . Do not approve the proposed amendments to the Shakopee
Community Access Corporation By-Laws .
3 . Refer the proposed amendments back to the Access Corporation
Board of Directors for further review.
Staff Recommendation:
Staff recommends alternative #1.
Action Requested:
Move to approve the proposed amendments to the Shakopee
Community Access Corporation By-Laws as recommended by the
Shakopee Community Access Corporation Board of Directors.
Final : February 7, 1984
As Amended: 3/5/85
As Amended:
BY-LAWS
SHAKOPEE COMMUNITY ACCESS CORPORATION, INC.
I . Purpose: The Shakopee Community Access Corporation, Inc . is
a non-profit, tax-exempt community organization formed to
serve the citizens of Shakopee, Minnesota through the use of
the cable television network franchised by the City of
Shakopee. The primary purposes of the Corporation are:
1. 1 To facilitate, promote, coordinate and assist in
public service community programming of benefit or
interest to the members of the Shakopee community;
1. 2 To inform and educate members of the community of the
potential communication benefits and services which
cable television can provide to Shakopee;
1. 3 To provide training and technical assistance that will
help the members of the Shakopee community realize the
potential of cable television as a source of non-
commercial means for communication;
1 . 4 To serve as a resource center for information,
materials, programming, and equipment; and
1. 5 To serve as a receiving, holding, and disbursing
entity for monies intended for use of the cable
television medium.
II . Organizational Structure: The Shakopee Community Access
Corporation, Inc. is composed of the membership, Board of
Directors and Committees or staff necessary for fulfillment
of the Corporation' s purposes .
2. 1 Membership
2 . 111 Have a bona fide interest in the
noncommercial use of the video medium.
2. 112 Be in substantial agreement with the
objectives of the organization as set out
In the articles or incorporation.
2. 113 Pay dues as established in these -by-laws and
due no later than -the annual meeting or-=he-a
cable subscriber----in -=the--Shakopee--fran.c-hi.s.a
area. -- - -
2 . 114 Be a person, group, organization or other
entity who has residence, business address
or school address in the franchise service
area.
2 . 12 Membership Privilege
Each member in classes 2. 141 and 2. 142 in good standing
of the Shakopee Community Access Corporation is
entitled to vote on motions, resolutions and other
appropriate matters that come before the membership at
any regular or special meeting.
2. 13 Term of Membership and Dues
2 . 131 Term: Membership shall run from January 1st
to December 31st of each year.
2. 132 Dues : To remain in good standing voting
members must pay dues or subscriber fees as
established in Section 2. 14 no later than the
annual meeting. Regular and family classes
will not be prorated for members joining
after January lst. The treasurer will
prepare notice of dues payable to be mailed
with the annual meeting notice at least two
weeks prior to the annual meeting.
2. 14 Classes of Membership
2. 141 Regular (voting) Membership: Available to
any person at an annual cost of $3 . 00 per
year.
2. 142 Family (voting) Membership: Available to
families at an annual cost of $7. 00, allowing
two persons voting privileges .
2. 143 Subscriber Membership: Available withetit
voting privileges and 45ut with full access
to the Corporation ' s services and facilities
for all cable subscribers in the Shakopee
Cable franchise area.
2. 144 Non-Profit Organizational Membership: Avail-
able, without voting privileges, but with
full access to the Corporation ' s services and
facilities for all members of an organiza-
tion, at an annual cost of $60. 00.
2. 145 Sponsoring Membership.__ Available, without__._____
voting privileges-,--to -anyT person oma• organ-z
tion that may wish-= to-=-he --=recognize;-mut=t
active in the=- Corporation', - irxi-mum ---
annual cost of $120 . 00 .
2. 146 Sustaining Membership: Available, without
voting privileges, to any person or organiza-
tion that may wish to be recognized, but not
active in the Corporation, at a minimum
annual cost of $240 . 00 .
2 . 147 Patron Membership: Available, without voting
privileges, to any person or organization
that may wish to be recognized, but not
active in the Corporation, at a minimum cost
of $500 . 00 .
2. 148 The Board of Directors shall have at their
own discretion the authority to offer special
membership promotions which modify stated
membership classes and fees .
2. 15 Meetings
2 . 151 Annual Meeting: The membership shall meet
annually in the month of Feb-r-d-a-'-y November
at a time and place to be announced by the
Board of Directors, for the purpose of
receiving a report on the Corporation' s
status, and deciding any other matters re-
quiring a vote of the membership.
2. 152 Notice of Meetings : Meeting date, times and
location will be announced to the membership
at least two weeks in advance of the
scheduled meeting to permit members time to
file agenda items with the Chairperson.
2. 153 Open Meetings : All meetings of the members,
or the Board of Directors of SCAC will be
open to the public; except Board Meetings on
confidential matters, and as allowed by
Minnesota Open Meeting Law.
2. 154 Special Meeting: The Chairperson of the
Board of Directors may initiate or at the
request of two other members of the Board of
directors call special meetings .
Special meetings shall may also be called by
petition of 5% of the voting members in good
st,anding or 15 members, whichever is less.
2. 155 Voting: Appropriate matters brought before
the membership or--the--board---shall be-- resolved- ----_ --,
by, a simple major'i.ty--v-ote
members in - good =5-tai dIngg7- present--r==e_x_cept -in -
the case of ahiemdm-en't7s to the---By-Lays, s r
provided for in Section III .
2 . 156 Quorum: A--fR-ie4faefx--e-f--4.94 Five-percent of
total voting members in good standing or 15
members. , whichever is less , shall constitute
a quorum of the membership; a majority of the
members of the board shall constitute a
quorum of the board.
2 . 157 Parliamentary Procedures : All procedural
matters not specifically outlined in the by-
laws shall follow Robert ' s Rules of Order,
Newly Revised.
2 . 2 Board of Directors
The Board of Directors shall serve without pay. The
Board exercises the responsibilities and powers of a
non-profit/tax-exempt corporation and takes necessary
action to protect. that status . The Board also provides
direction on Corporation policies, operations, and
activities to any staff persons who are hired by the
Corporation.
Board members assist in gaining access to human,
material , informational, and financial resources
necessary for corporation activities and/or direct
staff in these endeavors .
2 . 21 Membership
The Board shall be composed of at least seven five
4-7+ (5) persons appointed by the Shakopee City
Council from among the members of the corporation
in good standing. Each member of the Board shall
serve for three years and may be reappointed for
an unlimited number of terms . Terms of the
Directors shall be staggered to provide
continuity. Mid-term vacancies on the Board shall
be filled for the remainder of the open term by
Council appointment. Not less than one ( 1) of the
Cable Company ' s representatives shall be included
on the Board of Directors , nominated and appointed
by the Cable Company ase-appeestee-i� -tie-E3t�
8essee1-
2 . 22 Appointment
Members in good standing and interested in
appointment to the Board of Directors shall
im
axjesg-tie-- exi�ei-�� ±t�--�lu�tese-- -re�ee�=sPP� y .
--tine=.-"Me"e
�= eiege3��e--te pl iae them Warnes- i-n nomination -for--
i
1 � 6
appointment by the City Council as --atra�r€i-e�
The representative of the Cable
company shall be appointed
ar o-Fr-g_, cs g rb -Irtet-eac&-glta1-1-
-19e- € ate
by the company. If there are more openings than
chi€ applicants, the Council shall appoint
any member in good standing of the corporation to
fill a Board vacancy. The Council shall make
appointments at its first regular meeting in
January, seeking broad representation of the
City' s educational, social, community and business
organizations . new appointees shall assume office
on February 1st. Terms shall run until January
31st or until a successor is appointed and
qualified. T-1-se- rti a�-Bcta -sYta��-1te-agrrrte
��be�elti-p-
2 . 23 Meetings
The Board shall meet at least quarterly at a time
and place arranged by the Chairperson, with
adequate notice to all directors. Special
meetings may be requested by any member of the
Board. All Board meetings will be open as
provided by Minnesota Open Meeting Law. .
2. 24 Quorum
A simple majority shall constitute a quorum, eg.
three of four directors.
2. 25 Officers
The Board shall elect the following officers from
its members, with the term to be annual, elections
to be held following annual appointments by the
City Council.
2 . 251 Chairperson: The responsibilities of
the Chairperson shall include:
a. Calling both membership meetings and
Board meetings, and presiding over
these meetings .
1b. Shall be responsible for coordinat-
ing Board activities of the secre-
tary, the treasurer, and
chairpersons of standing committees.
k
C. Shall be an,,-authorized�signatory_-for_ w
checks--drawn on=corporate--:accounts`- -_
} _ (two required)
d. Shall, in cooperation with the
treasurer prepare an annual budget
to submit to the Board and the
membership for approval.
2 . 252 Vice-Chairperson: The Vice-Chairperson
shall, in the absence of disability of
the Chairperson, exercise the powers and
perform the duties of the Chairperson.
He/she shall also generally assist the
Chairperson and exercise such other
duties as shall be prescribed by the
membership or Board of Directors .
2. 253 Secretary: The responsibilities of the
Secretary shall include:
a. Keeping all corporation records .
b. Shall record minutes at both member-
ship meetings and board meetings,
and make these minutes available
within ten working days of the meet-
ing. Copies to be filed with the
City Clerk at Shakopee City Hall.
C. Keeping copies of all correspon-
dence.
d. Shall be an authorized signatory for
checks drawn on corporate accounts
(two required) .
e. Preparing agendas for all meetings.
f. Keeping ongoing record of board
member attendance and reasons for
absences, preparing an annual report
for the membership and reporting to
the Board if any Director has three
absences .
g. Keeping records to verify that each
Board member has attended at least
one video or access workshop and
participated in at least one produc-
tion each calendar year.
2. 254 Treasurer-:' The res onsibilit-ies-=of=-the
Treasurer shall i-=-l-ude_
a. Keeping records of -all- fin-aricial
- transactions. -
b. Maintain the corporation' s accounts .
C. Promptly pay all bills authorized by
the Board.
d. Provide monthly, quarterly and year
end financial reports, which are to
include a copy of the most recent
bank statement and to assist the
Chairperson in preparing an annual
budget.
e. Shall maintain a voting membership
list,-; of all non-subscriber
members, provide receipts for
payment of dues, and send invoices
on dues payable to be mailed with
` the annual meeting notice at least
two weeks prior to the annual
meeting.
f. Shall file all tax deposits and
reports .
g. Shall maintain all tax-exempt status
papers .
h. Shall be an authorized signatory for
checks drawn by him on corporate
accounts (two required) .
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2 . 26 Responsibilities
R 2. 261 Reports
a. The Board of Directors is respon-
sible for the timely preparation
and submission of reports to outside
organizations such as funding
agencies, cable company, Cable
Advisory Commission, City Council or
any person or organization who has --- - -- -
entered into a contract for specific v
services from
b. All reports will be approved `by a - - -
majority of the -EB a-r"c1 _befo-re-=being --
officially presented.
2 . 262 Video Workshops and Programming
The Board members shall be regA=red-
encouraged to attend at least one video
and/or access workshop each year to
enhance knowledge of the current needs
of the corporation and must be involved
in at least one production each year.
2. 263 Expenditures : The board of Directors is
responsible for Corporation monies .
a. Routine operating expenses can be
authorized by a joint decision of
the Chairperson and Treasurer.
b. Any expenditure beyond those con-
sidered routine operating expenses
established in an annual budget must
be determined by a majority vote of
the Board of Directors, i.e. , pur-
chase of equipment, raises in salary
to paid employees, rental agree-
ments, expenditures over one hundred
($100 . 00) dollars .
C. Deficit spending will not be per-
mitted.
d. The fiscal year shall be from April
1st to March 31st of the following
year. The Board shall prepare an
annual budget and financial report
to be submitted to the general mem-
bership for approval at a special
meeting pursuant to Section 2 . 154 of
the by-laws.
2. 264 Contract Authorization
Contractual services provided by the
Shakopee Community Access Corporation to
other organizations can be authorized by
- a majority vote of the Board
2. 265 Program Standards
The Board will maintain - access--
programming which-:=-i=s -=c9nsistent----with ...
community standards-; any------program.
considered by :-----one--- director to have
redeeming qualifies' shall-=-not.> be=-µ ___
censored.
2. 266 Attendance
Any director absent from three Board
meetings during a calendar year shall
automatically be reviewed by the Board
for a determination of the validity of
the absences, and upon recommendation by
a majority of the Board, replacement
will be recommended to the City Council
for those without valid reasons for
absences . A written report showing each
Board members attendance shall be
prepared by the secretary and provided
to the City Council and the membership
prior to the annual meeting.
2. 3 Committees
2. 31 Standing Committees
The following standing committees shall be
formed to assist the Board and members pursue
the stated purposes of the corporation. Each
committee will have a Chairperson appointed
by the Board. It is the responsibility of
the Chairperson to call, organize and conduct
meetings . The committee will make
recommendations to the Board and membership.
There is no limit to the number of members.
Each committee, if it wishes, may write by-
laws governing that committee. These by-laws
must be approved by the Corporation
membership.
2. 311 Programming Committee
The Programming Committee shall
promote programming on the public
access channel, develop programming
guidelines, and assist in
productions .
2. 312 Education Committee
The Education Committee shall hold
workshops to train individuals or
groups on how to use video
equipment, train individuals--- as ---- - :-. :
instructors and er=_ma.intain=a-Nile--.an --- _- ---
all individuals=- trained----=b
Corporation- including information
on classes taken,--special skills =-- --
and availability to serve on
production crews .
2 . 313 Membership/Publicity Committee
The Membership/Publicity Committee
shall maintain a list of current
dues paying members and promote
membership in the corporation.
2 . 314 Fund-Raising Committee
The Fund-Raising Committee shall
develop fund-raising campaigns , and
develop grant proposals . It is the
responsibility of the Board of
Directors to make official grant
proposals and presentations .
2 . 32 Ad Hoc Committees
The Board may organize any voluntary committees or
councils deemed necessary to achieve the purpose
of the corporation.
III . Amending Procedures : If it becomes necessary to alter the
Shakopee Community Access Corporation ' s By-Laws, amendments
or revisions shall be made by:
3. 1 Proposal of the change by any voting member or Board
member at a meeting of the Board of Directors ; and
3 . 2 Preliminary approval of the change by a majority of the
Board members ; and
3. 3 Approval by the City Attorney as to form and, if a
material change is proposed, Council approval must be
secured. Council rejection of the amendment will
terminate consideration of the amendment. Council
approval will allow continued consideration; and
3. 4 A confirming vote of two-thirds of the voting members
present at either the annual membership meetings or a
special membership meeting, of which all voting members
have been adequately informed; and
3. 5 Submitting the amendment to the City Council for
information.
IV. Dissolution: In the event that both the voting members, at
a regular members meeting, - and_the:-Boa-rd. .o Di-irectors
Board of Directars= meeting, _
should.---
majority
hould.-=majority to dissaalv'e !the=corporation, -o=r- if--th-e corporation
is ordered disscalved-=x>�tu any due =process-;- =ark=unericu eyed :�
funds of the corporation will be prorated and returned to
the granting authorities; unencumbered membership dues will
be prorated and returned to the members.
V. Coordinator: As funds permit, a Coordinator may be hired to
facilitate the corporation goals . The coordinator would be
selected by, directly responsible to, and advised by the
Board of Directors . The Coordinator would be responsible
for:
5. 1 Coordinating, promoting and assisting in the develop-
ment and cablecasting of local programming;
5. 2 Assisting individual ' s and organizations in creating
programs and using equipment;
5. 3 The use and maintenance of equipment owned or used
by the corporation;
5. 4 Budgeting; administering, and reporting (as specified
by the Board) on all funds allocated by the Board;
5. 5 Contracting with individuals and organizations for
services as authorized by the Board;
5. 6 Managing the day-to-day affairs of the Shakopee
Community Access Corporation;
5. 7 Actively interfacing with the broadest possible range
or members of the community, institutions, organiza-
tions, and officials;
5. 8 Assisting the City officials in producing their
newsletter, programming the governmental access
channel; and
5. 9 Recommending to the Board operating rules and changes.
5. 10 Making of routine expenditures under $100.
i
MEMO TO: John K . Anderson , City Administrator
FROM: Ken Ashfeld , City Engineez�- A
SUBJECT: T .H . 101 to C . R. 18 Turn Lane
DATE: August 27 , 1986
INTRODUCTION :
On December 3 , 1985 , Council authorized the joint effort to
construct a double left turn from East bound Trunk Highway 101 to
north bound County Road 18 . The basis of this joint effort was
for the City to provide the plans and specifications and Mn/DOT
and Scott County to pay for construction cost within their
respective jurisdictions .
BACKGROUND:
The plans and specifications have been completed at this time and
have been submitted to Mn/DOT for approval . The plans consist of
a turn lane , merge lane , and signalization modifications .
Scott County has already undertaken the minor construction
necessary along County Road 18 for the merge lane . It is my
understanding from Mn/DOT that they are planning to let an
emergency maintenance contract to complete the turn lane and
signalization modifications .
RECOMMENDATION:
It is recommended that Council take action to approve the plans
and specifications for this improvement . The plans and
specifications are on file in the City Engineer ' s office for
review by Council .
REQUESTED ACTION:
Move to approve the plans and specifications for the intersection
improvements at the intersection of Trunk Highway 101 and County
Road 18 and direct staff to request Mn/DOT to complete the
improvements as soon as possible .
KA/pmp
TURNLANE `
1
MEMO TO: John K. Anderson, City Administrator I
FROM: Ken Ashfeld, City Engineer.
SUBJECT: Change Order No. 1 , Fourth Avenue Project
DATE: August 29, 1986
INTRODUCTION:
Attached is proposed Change Order No . 1 for the Fourth Avenue
Reconstruction Project form Fillmore Street to Scott Street.
BACKGROUND;
A timber retaining wall is necessary along the south side of
Fourth Avenue between Lewis Street and Sommerville Street. This
retaining wall was shown on the plans approved by City Council on
` July 1 , 1986 but quantities were inadvertently not included in
the bid proposal . Therefore , this change order does not reflect
a change in conditions or project scope, but rather a correction
of a quantity accounting error .
The price for the retaining wall was negotiated to include the
necessary replacement of two concrete stairways , granular
backfill , and miscellaneous appurtenances . The negotiated price
is very competitive with prices I have experienced for identical
construction in the past.
The cost of this change order is 100% fundable under the County ' s
state-aid share . Consequently , the City cost will not increase.
RECOMMENDATION:
Approval of Change Order No. 1 is recommended.
REQUESTED ACTION:
Move to approve Change Order No . 1 to Fourth Avenue
Reconstruction from Fillmore Street to Scott Street, Project No .
1986-3 , in the amount of $5 ,760 .00 to be funded by the 1986-3
Project fund.
KA/pmp
CHOR1
CHANGE ORDER
Change Order No. : 1 Project Name: 4th Avenue Reconstruction
Date: August 18, 1986 Contract No. : 1986-3
Original Contract Amount $ 1464 820.90
Change Order(s) No. thru No. $
Total Funds Encumbered Prior to Change Order $ 464,820.90
Description of Work to be Added:
Furnish and install retaining wall according to plans & specifications (see typical
detail on Sheet No. 4 of 17) Estimated total of 600 S.F. @ $9.60/S.F.
The above described work shall be incorporated in the Contract, referenced above, under the
same conditions specified in the original Contract as amended unless otherwise specified
herein. Any work not so specified shall be performed in accordance with the Standard
Specifications adopted by the City of Shakopee, Minnesota.
µ The amount of the Contract shall be increased by $__5,760.00
The number of calendar days for completion shall be (increased/decreased) by 0
Original Contract Amount $ 464,820.90
Change Order(s) No. 1 thru — $ 5,760.00
Total Funds Encumbered $ 470,580.90
Completion Date: Same
The undersigned Contractor hereby agrees to perform the work
specified in this Change Order in accordance with the
specifications, conditions and prices specified herein.
Contractor: <
By: �• /
Title E
Date: � — 3D -q(,-
APPROVED AND RECOMMENDED:
Ap
ity Engineer Date
APPROVED: City of Shakopee
By: Approved as to form this
Mayor Date
day of 19
City Administrator Date City Attorney
MEMO TO: Mayor and Council / 1
FROM: John K. Anderson I
RE: Traffic Signal Maintenance Agreement between the City
of Shakopee and SPUC
DATE: August 26 , 1986
Introduction•
The above mentioned agreement was presented to City Council in
July but tabled when we learned that Shakopee Public Utilities
wanted to make changes. Attached is the redrafted agreement.
Background:
On August 26 , 1986 I meet with Lou Van Hout to review his
proposed changes to the draft Traffic Signal Maintenance
Agreement. Several items were changed to insure clarity in the
agreement that were not substantive. More important changes
occurred in paragraph 1 and paragraph 3 . In paragraph 1, the
language was changed to make the City' s request to SPUC in a
manner that allowed SPUC to accept it or reject it. Should SPUC
choose not to maintain a specific traffic light being installed
by the City, the City would be required to enter into an
agreement with an independent contractor to do traffic light
relamping and street light maintenance. Currently Eldred Hennen
from Jordan provides this kind of service.
There were two changes in paragraph 3 . The initial draft
stated that SPUC would respond within 12 hours of notification.
That has been changed to "a reasonable period of time after
notification" . This does not provide SPUC or the City with a
specific administrative guideline for response time. A survey of
practices in other communities indicated that neither those
communities or the State of Minnesota have any specific standards
for response time in replacing defective traffic lights. City
Council could choose to establish more detail maintenance
procedures if it wanted to establish standards above those being
practiced by other communities and the State.
The second change in paragraph 3 dealt with relamping burned
out traffic signals. We are not putting specific language in the
agreement requiring SPUC to replace all lights in a quadrant when
one burns out even though this is their current practice and a
general prctice in other jurisdictions.
Alternatives: --
1. Approve the amended- traffic signal maintenance agreement--
between the City of Shakopee-and SPUD-as -redrafted. This
alternative would -clarify the internal relationship-between--------_- -
the City and SPUC for traffic signal maintenance and would
establish standards similar to those of other jurisdictions.
2 . Approve the Traffic Signal Maintenance agreement with
amendments offer by Council after discussing various
elements of the agreement.
3 . Do not approve an agreement between the City and SPUC. This
would represent a desire on Council ' s part to continue with
the status quo.
Recommendation:
I recommend Alternative No. 1 because it more clearly places the
City and SPUC on a contractual basis for traffic signal
maintenance. Furthermore, it requires that the City formally
notify SPUC when taking on any traffic signal maintenance
obligations or a result of agreement, with the State.
Action Requested:
Pass a motion authorizing the appropriate City Officials to enter
into a Traffic Signal Maintenance agreement between the City of
Shakopee and the Shakopee Public Utilities.
JKA/jb
e
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF SHAKOPEE, MINNESOTA
AND
THE SHAKOPEE PUBLIC UTILITIES COMMISSION
THIS AGREEMENT made and entered into by and between the City
of Shakopee, Minnesota, hereinafter referred as the "City" , and
the Shakopee Public Utilities Commission, hereinafter referred to
as "SPUC" ,
WITNESSETH:
WHEREAS, From time to time the City of Shakopee, the State
of Minnesota, Department of Transportation, and Scott County
enter , into individual agreements for the ' maintenance of traffic
signals located in the corporate limits of Shakopee; and
WHEREAS, The City in certain agreements takes on the
responsibility to maintain the street light luminaire, lamp and
ballast and to relamp traffic signals, clean and paint the
signals at its cost and expense; and
WHEREAS, The City requests and SPUC agrees to perform
certain maintenance activity on the City' s behalf where such
signals are within SPUC service areas; and
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The City shall provide SPUC with a copy of each agreement it
executes with the State of Minnesota, Department of
Transportation, or Scott County for traffic signal
maintenance, along with a request for SPUC to add to the
list of signal SPUC is maintaining. The City shall be
responsible for notifying SPUC when there is any change in
any agreement the City has entered into with the State of
Minnesota, Department of Transportation or Scott County.
2 . The City shall be responsible for cleaning and painting the
traffic signals and street lights at its cost and expense.
3 . SPUC shall maintain the street light luminaire, lamp and
ballast in accordance with normal street lighting
maintenance, and'-shall perform all traffic signal relamping
at its cost and expense. Said relamping of the signal
fixtures shall be performed within a reasonable period of
time after notification from any source that a traffic
signal or pedestrian signal is not functioning. If SPUC
learns that the problem is something other than the street
light luminaire, lamp and ballast or burned out traffic
`lam
signal lamp, SPUC shall promptly notify the State of
Minnesota, Department of Transportation, or Scott County
who under their agreement with the City, assume all other
responsibilities for maintenance of the traffic lights.
4 . This agreement shall continue in force until cancelled by
either party and notice served of that fact.
CITY OF SHAKOPEE
APPROVED AS TO FORM:
by Mayor
by City Administrator
BY CITY CLERK
SHAKOPEE PUBLIC UTILITIES
by Chairman Date
by Manager
/ / -CL
�u'd-
MEMO
TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk .
RE: Appointment to Community Services Board
DATE: August 29 , 1986
Introduction and Background :
On August 26th Council nominated Dean Roper to the Community
Services Board. It would be in order for his appointment to
be made at this meeting.
Action Requested:
Appoint Dean Roper to the Community Services Board to fill the
unexpired term of Bob Ziegler until January 31 , 1987.
JSC/pss
MEMO TO: John K. Anderson, City Administrator
c
FROM: Judith S. Cox, City Clerk
RE: , Liquor Liability Insurance
DATE: August 20 , 1986
Introduction:
The City code requires liquor and beer licenses to place their dram
shop insurance policy on file with the City within 90 days after the
effective date of their license. All licensees who do not place their
policy on file within the 90 day period are in violation of the City
code.
Background:
All licensees were notified of this requirement when their licenses
were mailed out the first of July.
The City Attorney has advised me that non-compliance of the City code
is grounds for revocation or suspension of the license. Before a public
hearing can be held for the purpose of considering the suspension or
revocation of a liquor or beer license, 15 days notice must be mailed
to the licensee. Rather than wait until the 90 days has passed and
then set a public hearing date and give 15 days mailed notice of the
public hearing, the City Attorney has advised me that notice can be
given 15 days before the 90 days has passed so that the required
public hearing could be held immediately after expiration of the 90
days.
Since the 1986 licenses were mailed and notice was given regarding
the need to file the liability insurance policies with the City,
only 3 policies have been filed.
Alternatives:
1) Don' t hold a hearing to consider revocation or suspension of licenses
2) Give notice and hold hearing after the 90 day time period -
October 21, 1986
3 ) Give notice prior to expiration of the 90 day time period and hold
hearing October 7 , 1986
4 ) Amend City code so as not to require the filing of the liquor
liability insurance policy
Reocmmendation:
Alternative No. 3
Action Requested:
Set a public hearing for October 7 , 1986 at 8 : 00 p.m. to consider the
suspension of any beer, -wine or liquor license which is not in
compliance with -the-requirements of the City- code, Section 5 .09 -Subd.3 . - -
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Memo to: John K. Anderson, City Administrator �Q
From: Julius A. Coller, II, City Attorney 11�
Re: A. Increase in the size of the Council
B. Reducing the size of the Council
C. Declare a vacancy
D. Fill a vacancy
Date: August 27, 1986
BACKGROUND
The four above subjects have been brought up for discussion and a ruling or opinion
was requested from me on each.
The opinions are as follows:
A. The question of whether the membership of the Council can be increased.
The answer to that question is"no". The laws of the State of Minnesota provide
that every statutory city has 4 council members. There is no provision in the law
to increase this number. MSA 412,01 Subd 1. The City of Shakopee has operated
! with 5 council members because that was the number of members on the council at the
time the city became a statutory city. Formerly we were operating under a special
law.
B. Can the Council reduce the membership on the Council.
The law provides that any council of a statutory city may by Ordinance adopted
prior to September 1 and effective no earlier then the following January may
provide for a Council constituted of 4 members plus mayor. MSA 412.023 Subd 4.
The earliest this reduction could take place would be January 1, 1988 providing an
Ordinance so to do had been adopted prior to September 1, 1987. Obviously, it is
too late to do it this. year because it would be impossible to have such Ordinance
in effect on or before September 1, 1986. Ordinances unless a later date is specified
automatically become effective on the day following their publication in the official
newspaper. Mushel v Benton County 152 Minn 266 188 NW 155.
C. Declaration of vacancy required.
Shakopee City Council has received and accepted the resignation of former Council
member Dean Colligan. The Council should now pass a formal Resolution declaring
the existence of a vacancy.
D. The last question is filling the vacancy.
The vacancy in office shall be filled by Council appointment until an election is
held as provided for above. MSA 412.02 Subd 2a.
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk` ---'
RE: A Resolution In Appreciation to Dean Colligan for
Outstanding Dedication and Service to the City of Shakopee .
DATE: August 27 , 1986
Introduction and Background:
Mr . Coller has prepared the attached resolution of
appreciation to Mr . Colligan for his services to the
community while serving on the City Council .
Recommended Action
Offer Resolution No . 2609 , A Resolution In Appreciation
to Dean Colligan for Outstanding Dedication and Service to the
City of Shakopee, and move its adoption.
RESOLUTION NO. 2609
In Appreciation to Dean Colligan for Outstanding Dedication and Service
to the City of Shakopee
WHEREAS, Dean Colligan was elected to the Shakopee City Council and assumed
his duties in the beginning of 1980 and since then has diligently served as a member
of Shakopee's governing body until his resignation effective August 14, 1986, and
WHEREAS, during his tenure in office and in addition to his regular duties as a
Council member, which he discharged with thought and care, he served as City liason
member to the Community Services 1985 and 1986; to the Energy and Transportation
Commission 1983 and 1984; to the Planning Commission 1980 and part of 1981; to the
Ad hoc Subdivision Review Committee in 1981 and to the Shakopee Fire Department 1980, and
WHEREAS, he was a member of the Seven Member Planning & Land Use Control Commission
in 1980-1983; served on the Hazardous Waste and Sewer Service Board 1982-1984; served
on the Committee searching for Hazardous Waste Disposal site 1980- 1981 and at the same
time served on the Sewer Service Area Advisory Board, and
WHEREAS, in 1983 he served as Vice Mayor of the City of Shakopee, and
WHEREAS, all those countless hours of service so generously rendered have been
of inestimable value to the City of Shakopee and its inhabitants and during all of
his years of service Dean Colligan was a patient listener, sympathetic and understanding
Council person and a man of principal and action, whose leadership and guidance will be
certainly missed by his associates and the City of Shakopee as a whole.
THEREFORE, BE IT RESOLVED, The the City Council in behalf of all the citizens
and residents of Shakopee hereby publicly express the gratitude and appreciation of
all to Dean Colligan for his ye4rs of meritorious and dedicated service, and
BE IT FURTHER RESOLVED, ,that this Resolution of Appreciation be spread upon and
become a part of the Minutes of this Council and that a signed copy hereof be presented
to Dean Colligan as a tangible expression of the City's gratitude.
I
Passed in session of the Shakopee City Council held this
day of 1986.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared as to form this 27th day of
August, 1986.
City Attorney
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer%/�l�'
SUBJECT: Valley Park Drive North and Frontage Road
Resolution No. 2611 , Feasibility Report
DATE: August 29 , 1986
INTRODUCTION:
City Council ordered a feasibility study for intersection
improvements at Valley Park Drive and construction of a frontage
road along the north side of Trunk Highway 101 from Valley Park
Drive North to Peavy Road considering various alternatives to the
frontage road.
BACKGROUND:
The study has been completed and it has recently been learned
that the developer of the Prairie House Addition is planning on
breaking ground in October and will need access next spring.
Therefore, Engineering wishes to proceed expediently with the
improvement hearing.
Attached is the feasibility report and preliminary assessment
information. For the purposes of the feasibility study , the
appraised value of the access and frontage road to the abutting
properties is preliminary and would require a formal appraisal
prior to establishing assessments if the project is ordered.
RECOMMENDATION:
Adopt Resolution No. 2611 .
REQUESTED ACTION:
Offer Resolution No. 2611 , A Resolution Receiving a Report and
Calling a Hearing on Improvements to Valley Park Drive North and
Frontage Road, Project No. 1986-11 and move its adoption.
KA/pmp
MEM
RESOLUTION NO. 2611
A Resolution Receiving A Report
And Calling A Hearing On Improvement To
Valley Park Drive North and Frontage Road
Project No. 1986-11
WHEREAS, pursuant to Resolution No . 2562 of the City Council
adopted June 3 , 19861 a report has been prepared by Ken Ashfeld ,
City Engineer , with reference to the Street Improvements to
Valley Park Drive North and Frontage Road, and this report was
received by the Council on September 2 , 1986 .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . The Council will consider the improvement of ( state
project improvements ) in accordance with the report and the
assessment of abutting and benefitted property for all or a
portion of the cost of the improvements pursuant to Minnesota
Statutes Chapter 429 at an estimated total cost of the
improvement of $801 , 900 . 00 .
2 . A public hearing shall be held on such proposed
improvements on the 23rd day of September , 1986 , at 9 : 30 P. M. , or
thereafter, in the Council Chambers of City Hall , at 129 East 1st
Avenue and the Clerk shall give mailed and published notice of
such hearing and improvement as required by law.
3• The work of this project is hereby designated as part of
the 1986-11 Public improvement Program.
Adopted in session of the City Council of
the City of Shakopee, Minnesota , held this
19 day of
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form trnis day of
19
City Attorney -- - --
FEASIBILITY REPORT
FOR
ROADWAY IMPROVEMENTS TO VALLEY PARK
DRIVE NORTH OF TRUNK HIGHWAY 101
AND ROADWAY IMPROVEMENTS OF A
FRONTAGE ROAD NORTH OF T.H. 101
FROM VALLEY PARK DRIVE TO PEAVEY ROAD
(COUNTY ROAD 83 EXTENDED
NORTH OF T. H. 101
I hereby certify that this plan, specification, or report was prepared
by me or under my direct supervision and that I am a duly Registered
Professional Enaineer under the laws of the State of Minnesota.
Date S �✓� Registration No. 16185
AUGUST 1986
TABLE OF CONTENTS
Description Page No .
Feasibility Report
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . 1
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
Right-Of-Way . . . . . . . . . . . . . . . . . . . . . . . . . 4-5
Improvement Cost Summary . . . . . . . . . . . . . 5-6
Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . 6-7
Appendix
Cost Estimates . . . . . . . . . . . . . . . . . . . . . . . 8-11
Drawings
Figures 1 thru 9
FEASIBILITY REPORT
ROADWAY IMPROVEMENTS TO VALLEY PARK DRIVE
NORTH OF TRUNK HIGHWAY 101 AND
ROADWAY IMPROVEMENTS OF A FRONTAGE ROAD
NORTH OF T.H. 101 FROM VALLEY PARK DRIVE
TO PEAVEY ROAD (COUNTY ROAD 83 EXTENDED NORTH OF T.H. 101 )
INTRODUCTION
City Council of the City of Shakopee ordered a feasibility
report , by Resolution No. 2511 , for the improvement of Valley
Park Drive North of Trunk Highway 101 serving the plat of Prairie
House Addition and the Valleyfair property located within the
City of Shakopee . Furthermore, Council acting upon a request
-- from Valleyfair ordered, by Resolution No. 2562 , a report on a
frontage road improvement from Valley Park Drive to Peavey Road
along the North side of Trunk Highway 101 .
BACKGROUND
The intersection of Valleyfair Drive and Trunk Highway 101
consists of a four legged , signalized and channelized
intersection. The north leg of this intersection is a private
roadway serving as access to and from the Valleyfair property .
Referring to the Appendix , Figure 1 identifies the overall study
area . Figure 1a indicates the existing roadway alignments and
channelized turning movements within the intersection.
The following will serve as a brief summary of the development of
this intersection:
1 . The east/west legs of this intersection consists of an
arterial route (Trunk Highway 101 ) with a depressed ,
grass median separating two lanes of traffic in each
direction.
2 . The south ;eg of the intersection consists of a local
street serving the industrial park and providing access
to Canterbury Downs. Valley Park Drive was improved in
1985 , upgraded to a 4 lane , urban section with a
channelized, free--right =turn at T-.H-. -101-.-
1
3 . As stated previously , the north leg of the intersection
comprises part of the study area of this report.
4 . The intersection , as a whole , was improved in 1985 .
Improvements consisted of adding turn lanes and traffic
signals to accommodate south and east traffic movement
and capacity demand.
SCOPE
This feasibility study has addressed complimentary improvements
to accomplish two objectives, one being frontage road access to
the east of Valley Park Drive and the other to provide a frontage
road improvement to the west of Valley Park Drive. A frontage
road improvement to the east of Valley Park Drive is proposed to
be constructed by the Prairie House Addition developer . To
provide access to this frontage road, certain improvements are
necessary to the intersection of this frontage road with Valley
Park Drive .
Various elements are involved with proposed improvements to this
intersection. At the present, these elements are identified as
follows :
1 . Intersection and roadway improvements.
2 . Landscape relocation and restoration.
3 . Access to the Valleyfair parking facility .
14 . Relocation or replacement of the existing marquee.
5 . Right-of-way acquisition ( see Fig. 2) .
In addition to providing access to the east , intersection
improvements would also provide access to a proposed frontage
road to the west. Three scope of project alternatives are being
considered in this study ;
1 . Extension of frontage road to the west end of
Valleyfair parking lot .
2 . Extension of frontage road to the existing access to
Valleyfair ' s administration buildings and campground
facilities (Valleyfair Drive) .
3 . Extension of frontage road to Peavey Road ( County Road
83 extended north of TH 101 ) .
2 -
ALTERNATIVES
Based upon the discussion of the scope of the study, four basic
alternatives and associated improved and benefited areas are
being presented and the associated project costs . In all
alternatives, the roadway improvements consist of an urban curb &
gutter section with bituminous surfacing.
Alternative 1 is to regrade Valleyfair Drive to proper
grade and dimensional cross-section. This is necessary since the
existing grades would provide poor site distance to the frontage
road intersection and the existing geometrics would provide too
many conflict points and lane crossings at the intersection.
Although not fail safe , proposed channelization and signing would
impede unauthorized access to Valleyfair ' s parking lot. The
impediment designed into this alternative is very similar to the
existing channelization but somewhat less restrictive . With this
alternative, Valley Park Drive North is essentially truncated at
the southeast corner of the parking lot and access to Valleyfair
is "off the end of the street" . Figure 3 indicates the roadway
alignment along with the signage plan shown on Figure 4 .
This alternative essentially provides the access to the Prairie
House Addition as requested by the developer of that addition.
The developer will be installing all frontage road and utility
improvements to the east of the intersection but requires the
intersection improvements to provide safe and adequate access .
The estimated cost of the intersection improvements is
$72 , 900 . 00 . A breakdown of the costs is included in the
appendix .
Alternative 2 provides for all the improvements discussed
in Alternative 1 and also includes the construction of a frontage
road to the west of the intersection adjacent to the Valleyfair
property. Although not necessary, it is presumed that the access
to Valleyfair ' s parking lot would be relocated to some point
along the frontage road . The intersection improvements are
' necessary to provide access to the west in the same manner that
the improvements are necessary to provide access to the east .
The termini of the frontage road for this alternative is at the
southwest corner of Valleyfair ' s existing parking lot . The
estimated cost for this alternative is as follows :
Intersection Improvements $ 72 , 900 .00
Frontage Road Improvements $128,700 .00
TOTAL $201 ,600.00
3
Alternative 3 provides for all the improvements discussed
in Alternative 2 with the additional length such that the termini
of the frontage road would be at Valleyfair Drive which is the
access to Valleyfair ' s administration offices and campground
facilities . This alternative would facilitate the elimination of
the Valleyfair Drive access to T.H . 101 . The estimated cost of
this alternative is as follows :
Intersection Improvements $ 72, 900 .00
Frontage Road Improvements $344, 500 .00
TOTAL $417,400.00
Alternative 4 provides for all the improvements discussed
in Alternative 3 with the additional length such that the termini
of the frontage road would be at Peavey Road ( County Road 83
extended north of T.H . 101 ) . This alternative would provide
access to the frontage road at Peavey Road in addition to access
at Valley Park Drive. The estimated cost of this alternative is
as follows :
Intersection Improvements $ 72,900 .00
Frontage Road Improvements $63, 600 .00
TOTAL $706 ,500.00
ALTERNATIVE IMPROVEMENT SUMMARY
Improvements associated with Alternative 1 are common elements to
all the presented alternatives. Alternatives 2 , 3 , and 4 present
a frontage road to the west with differing lengths . Obviously,
all estimated costs include drainage structure facilities as
there are two drainage ways crossing Alternative 3 and four
drainage ways crossing Alternative 4 .
None of the alternatives propose any utility improvements. The
developer of the Prairie House Addition will be installing
utility improvements to that addition and the Valleyfair property
- is currently served . r
RIGHT-OF-WAY
As indicated in Figure 2 , this - study identifies two areas of -
right-of-way acquisition --necessary---for impl-emen"tation of -various
alternatives . -A -permanent- acquisition and temporary construction
4
easement , to be obtained from Valleyfair , is necessary for the
proposed intersection improvements . The second area of
acquisition provides for the loop to the west of the intersection
providing access to the west frontage road . This acquisition
would also be from Valleyfair .
The permanent and temporary acquisition in the intersection area
results in not only land acquisition but damages to the in-place
Valleyfair marquee . Since this acquisition benefits the
improvements in the form of access to frontage roads , both east
and west, a value has been appraised for this taking to determine
fair compensation to the property owner. Shenehon & Associates
has completed that appraisal , the value of the taking has been
determined as follows :
Fee Simple Taking $32, 000 .00
Temporary Taking $ 3,400 .00
Improvements $41 , 000 .00
Premiums $1q ,000 .00
TOTAL $95,400.00
The full text of the appraisal is on file in the Shakopee City
Engineer ' s office for public inspection.
Since the right-of-way necessary for the loop benefits only the
property owner , in the same manner as that of Prairie House
Addition, this taking has not been appraised.
IMPROVEMENT COST SUMMARY
ALTERNATIVE 1
Intersection Improvements
Surface Improvements $ 72, 900 .00
Right-Of-Way Costs $ q5} 00 .00
TOTAL PROJECT $168,300.00
ALTERNATIVE 2
Intersection Improvements
Surface Improvements $ 72,900 .00
Right-Of-Way Costs $ 95,400 .00
Frontage road Improvements-- -_ $128,700 .00 -
TOTAL PROJECT � _` _-_ _._.__ ---- $2971000-00
5
ALTERNATIVE 3
Intersection Improvements
Surface Improvements $ 72 , 900 .00
Right-Of-Way Costs $ 95 ,400 .00
Frontage Road Improvements $ 44 ,500 .00
TOTAL PROJECT $512,800.00
ALTERNATIVE 4
Intersection Improvements
Surface Improvements $ 72, 900 .00
Right-Of-Way Costs $ 95 ,400 .00
Frontage Road Improvements $6��,600 .00
TOTAL PROJECT $801 ,900.00
ASSESSMENTS
ALTERNATIVE 1
The improvements proposed in Alternative 1 provides access
benefit for frontage roads, and hence abutting properties , both
to the east and the west. Under this alternative though, the
frontage road to the west is not proposed to be built, therefore ,
the abutting properties to the west only have the capability of
receiving access benefit. Refer to Figure 9 for benefited areas.
The following alternatives are available for assessing
Alternative No. 1 .
a. Since the owner of the Prairie House Addition property
signed a petition for the intersection improvements and
waived their rights of appeal for those assessments,
the total cost of intersection improvements could be
assessed against the Prairie House Addition.
b. Assess the Prairie House Addition based upon a benefit
appraisal. "If project cost is in excess of the benefit
appraisal , the remaining cost could become City cost.
The City cost would be accounted as a "-system cost" and
-- assessed as a " system charge 't :. to -- the- Valleyfair _;r_
property ifLLthe-Westerly- frontage is constructed some
time in the future.
6
c. Prorate the project cost in both the easterly and
westerly direction based upon total possible benefited
front footage . The prorated amount to the east would
be assessed now. The prorated share to the west would
become a "system cost" and assessed later.
d . Prorate the project cost as in Alternative c. above and
assess both the Prairie House Addition and the
Valleyfair property now . Since proof of benefit to
Valleyfair is very questionable , the Valleyfair
assessment would be deferred now and removed from
deferral status upon future connection of the westerly
frontage road .
ALTERNATIVE 2
With this alternative , the intersection improvement cost would be
assessed as in assessment Alternative c. of Alternative 1 above
with the exception that the Valleyfair property would be assessed
now.
ALTERNATIVE 3 & ALTERNATIVE 4
These alternative would be assessed as in Alternative 2 .
SUMMARY OF ASSESSMENT PROCEDURES
_ The aforestated assessment procedures are based upon the
assumption that the project cost does not exceed the appraised
benefit, particularly in the case of the Valleyfair property . As
stated previously the appraised benefit, on a preliminary basis ,
is being studied by Shenehon and Associates.
Upon completion of that preliminary study, the appraised benefit
to Valleyfair by the various alternatives will provide for
specific recommendations to be determined . Therefore , this
report will be amended prior to a public hearing.
7
i
I
APPENDIX
ESTIMATED COSTS
ALTERNATIVE 1
INTERSECTION IMPROVEMENTS
Median Removal $ 2 ,000 .00
Bituminous Removal $ 8, 500 .00
Excavation $ 6 , 000 .00
Aggregate Base $ 7 ,000 .00
Bituminous Base $ 9 , 000 .00
Bituminous Wear $ 9 , 000 .00
Median $ 7 , 500 .00
Light Standard Relocation $ 1 , 000 .00
Landscape Restoration $—x1000 .00
Total Construction $53,000.00
10% Contingencies $ 5, 300 .00
Subtotal $58,300.00
25% Engineering, Legal,
Fiscal , Etc . $1 , 660 . 00
ALTERNATIVE 1 TOTAL $72,900.00
8
1
ALTERNATIVE 2
INTERSECTION IMPROVEMENTS $ 72,900 .00
FRONTAGE ROAD
Excavation $ 8 ,765 .00
Common Borrow $ 37 , 915 .00
Class 5 $ 9 , 690 .00
Curb & Gutter $ 14, 535 . 00
Bituminous Base $ 10,530 .00
Bituminous Wear $ 8,275 .00
Storm Sewer $ 1 , 870 .00
Seeding $ 1 ,015 .00
Sod $ 1 , 020 . 00
Construction Total $ 93,615 .00
10% Contingencies $ 9 , 360.00
Subtotal $102,975 .00
25% Engr. , Legal,
Fiscal, Etc. $ 25,725 .00
Frontage Road Total $128,700 .00
ALTERNATIVE 2 TOTAL $201 ,600 .00
9
ALTERNATIVE 4
INTERSECTION IMPROVEMENTS $ 72,900 .00
FRONTAGE ROAD
Clear & Grub $ 5 , 000 . 00
Excavation $ 41 ,250 .00
Common Borrow $1781425 . 00
Class 5 $ 45 , 600 .00
Curb & Gutter $ 68, 400 .00
Bituminous Base $ 49 ,560 .00
Bituminous Wear $ 38 , 900 .00
Storm Sewer $ 24 , 050 .00
Seeding $ 4 ,770 .00
Sod $ 4 ,775 .00
Construction Total $460 ,770.00
10% Contingencies $ 46,080 .00
Subtotal $506,850.00
25% Engr. , Legal,
Fiscal, Etc. $126 ,750 .00
Frontage Road Total $633 .600.00
ALTERNATIVE 4 TOTAL $706,500 .00
11
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MEMO TO: John K. Anderson , City Administrator
FROM: Ken Ashfeld, City Engineer
SUBJECT: Fourth Avenue Streetscape
DATE: August 29 , 1986
INTRODUCTION:
Based upon Council action of August 26 , 1986 , Engineering is
proceeding with the steps necessary to include streetscape
elements on the current Fourth Avenue Project .
BACKGROUND:
The original feasibility report and public hearing did not
address streetscape elements, therefore, these elements cannot
simply be included in the current reconstruction project without
an assessment process . The two processes available are the
normal hearing process and waiver of hearing process. To assure
a proper time frame of completion, staff is proceeding with the
hearing process .
Attached is Resolution No. 2612 and Resolution No . 2613 to begin
that process. Resolution No . 2613 sets a public hearing for
September 23 , 1986 .
Engineering has been in contact with the major property owners
along Fourth Avenue and there is an interest in the proposed
streetscape elements, however, specifics such as design and cost
need to be identified. This would be accomplished through a
feasibility study .
To complete the proposed task, it is being requested that Council
approve professional services cost on this portion of the project
in an amount not to exceed 2 ,000 .00 .
Professional services will be provided by Westwood Planning &
Engineering.
REQUESTED ACTION:
1 . Offer Resolution No . 2612 , A Resolution Ordering the
Preparation of a Report on an Improvement to Fourth Avenue
from Holmes Street-to Scott Street and move its adoption.
2 . Offer Resolution No . 2613 , A Resolution Calling a Hearing on
an Improvement to Fourth Avenue from Holmes Street to Scott
Street and move its adoption .
3 . Move to approve professional services by Westwood Planning &
Engineering for the Fourth Avenue Streetscape Improvements
for an amount not_ to_exceed, $2-,000..00-------- - - - - - - - - -
KA/pmp
MEM2612
RESOLUTION NO. 2612
A Resolution Ordering The Preparation Of A
Report On An Improvement To
Fourth Avenue From Holmes Street to Scott Street
WHEREAS, it is proposed to improve Fourth Avenue from Holmes
Street to Scott Street by Streetscape Improvements and to assess
the benefitted property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes , Chapter 429 .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be
referred to Ken Ashfeld , City Engineer , for study and that he is
instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the
proposed improvement is feasible and as to whether it should best
be made as proposed or in connection with some other improvement ,
and the estimated cost of the improvement as recommended
Adopted in session of the City Council of the
City of Shakopee , Minnesota, held this day of
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1 g
City Attorney
RESOLUTION NO. 2613
A Resolution Receiving A Report
And Calling A Hearing On An Improvement To
Fourth Avenue from Holmes Street to Scott Street
WHEREAS, pursuant to Resolution No . 2612 of the City Council
adopted September 2 , 1 986 , a report will be prepared by Ken
Ashfeld , City Engineer , with reference to the improvements of
Fourth Avenue from Holmes Street to Scott Street by Streetscape
Improvements , and this report will be received by the Council on
September 16 , 1986 .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . The Council will consider the Streetscape Improvements
on Fourth Avenue from Holmes Street to Scott Street in accordance
with the report and the assessment of abutting and benefitted
f property for all or a portion of the cost of the improvements
pursuant to Minnesota Statutes Chapter 429 at an estimated total
cost of the improvement of $150 , 000 . 00 .
2 . A public hearing shall be held on such proposed
improvements on the 23rd day of September , 1986 , at 9 :00 P. M. , or
thereafter , in the Council Chambers of City Hall , at 129 East 1st
Avenue and the Clerk shall give mailed and published notice of
such hearing and improvement as required by law .
3. The work of this project is hereby designated as part of
the 1986-3 Public Improvement Program .
Adopted in session of the City Council of
the City of Shakopee , Minnesota , held this day of
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form thit day of
1.9
City Attorney
1,2-
MEMO
,MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE: Resolution Adopting Property Acquisition Policies
DATE: August 27 , 1986
Introduction•
At the August 19 , 1986 City Council meeting the amended
draft of property acquisition policies was endorsed by the City
Council and direction was given to transform this draft into a
property acquisition policies resolution. The attached
resolution is provided to the City Council consistent with the
direction given on August 19th.
Alternatives :
( 1) To adopt the attached property acquisition policies
resolution.
( 2) To not adopt the attached resolution and to continue with
the present procedure of acquiring property by not utilizing
the standardized policy.
Action Reauested:
Move to adopt resolution no. 2607 .
l
lv �
RESOLUTION NO. 2607 .
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THE SHAKOPEE ADOPTING A SET OF PROPERTY
ACQUISITION POLICIES AND PROCEDURES
IT IS HEREBY RESOLVED by the City Council ( City) in and for
the City of Shakopee, Minnesota, as follows :
1. It is in the best interest of the residents of Shakopee
that a standardized set of policies and procedures be adopted
which will treat all parties in a fair, equal and impartial
manner in the process of property acquisition by the City.
2 . It is desirable to have a competent third person
provide an indicator of property value when the City engages in
the acquisition of property rights. In most instances the
information will be provided by a qualified property appraiser,
whoever under certain circumstances where the property is of
limited value the information might be provided only by -the
County Assessor. It may also, under certain circumstances , be
desirable to hire a review appraiser that will verify the
validity of the appraisal procedures utilized and will review the
appraisal or the appraisals for accuracy or errors in judgement.
3 . In order to provide the proper form for the negotiation
of the purchase of properties a negotiating team consisting of a
member of the City Council, the City Administrator, the Assistant
City Attorney, the Community Development Director, and other
staff persons or real estate experts as needed, shall function on
behalf of the City in the property acquisition process. City
Council members shall be appointed on a rotating basis for a term
of one year each. The first appointment shall be for the
remainder of 1986 and for 1987 .
4 . All final decisions for the purchase of property will
be made by the City after considering the recommendations of the
negotiating team.
5. Appraisals and other related information which are
obtained for the purpose of negotiating for property acquisition
are not considered public information as defined by the Freedom
of Information Act and this information will be treated as
confidential information.
6 . Any member%of the City Council or employee or agent of
the City who has a%interest in a property under consideration for
acquisition shall:
a. Abstain from voting, in case of an City Council
member, when the proposal is considered.
b. Submit a public disclosure of his/her
interest in the property at the time the
property identified for acquisition is
officially authorized by the City.
7 . The following procedures will be utilized for the
acquisition of property when the property owner is voluntarily
selling property to the City:
a. The City will initially authorize the City
Administrator and negotiating team to
negotiate for the acquisition of a particular
parcel of property.
b. The City Administrator will submit a report
to the City identifying the probable
source( s) of funding for the proposed
acquisition.
C. In those instances where clear title of the
property can not be provided by the seller
the City Attorney may be directed to conduct
a title search of the property.
d. The negotiating team will determine the
specific procedures to be used for property
acquisition and will select the necessary
third parties to provide an independent
indicator of property value.
e. Once the property value is determined to the
satisfaction of the negotiating team the
process of negotiating for the acquisition of
the property will begin.
f. If the seller of property desires an
independent appraisal it shall be done at the
sellers expense.
g. At such time as a mutually acceptable price
is negotiated for the property the
negotiating team will prepare a background
report on the property and will present a
draft purchase agreement to the City.
h. If it isnot possible to arrive at a mutually
acceptable price the negotiating team still
has the option to submit the owners purchase
agreement for the property to the City along
with comments by the negotiating team.
i . If the City agrees to the conditions of the
draft purchase agreement it will formally be
acted upon at a regular meeting.
j . Once the purchase agreement is authorized by
the City the City Administrator will then be
responsible for completing the required steps
leading to the City' s obtaining the valid
title to the property.
8 . Under certain circumstances it might be necessary for
the City to acquire property by eminent domain ( condemnation) .
The City will make every reasonable effort to acquire property
through negotiated agreements, however under certain
circumstances this might not be possible. When the City utilizes
the eminent domain process it will impartially protect the
interest of all concerned parties. The City will pay fair price
to the property owner and will use acquisition methods and
practices in such a way as to minimize the hardships experienced
by owners and tenants. Property rights will not have to be
surrendered by any owner until compensation for the property to
be acquired has been paid in accordance with the Constitution and
the Laws of the State of Minnesota. No person occupying property
will be required to surrender possession without 90 days written
notice from the City, unless a mutually agreed-upon earlier date
is established.
a. The rights of owners and tenants will be
provided for under the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970 (Uniform Act) .
7 . The Uniform Act provides for the following:
Pavment for moving expenses
This will either be a fixed payment, including
dislocation allowances up to $500 . 00 , or a payment
for actual moving costs .
Replacement housing Davment
This may be a payment of up to $15 , 000 . 00 to allow
for the purchase of a home or a payment of up to
54 , 000 . 00 to provide for a rental of a dwelling.
Fix4d payment in lieu of moving and related
expenses
The owner of rental property may be eligible for a
fixed pavment in the range of 52, 500 . 00 to
510 , 000 . 00 in lieu of moving and related expenses.
If the rental property to be acquired qualifies
for this payment, the amount of benefit to be
received is determined by income received in the
two previous tax years.
b. In those instances where property is acquired
utilizing Federal funds the added
requirements imposed by Federal law will also
be adhered to by the Housing and
Redevelopment Authority.
Adopted in session of the City Council of
the City of Shakopee, Minnesota, held this of
1986 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1986 .
Ciry Attorney
t
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: 1986 Budget Amendments
DATE: August 27 , 1986
Introduction:
At previous council meetings , Council authorized and directed
staff to prepare a budget amendment for the Public Works type-
writer and for the rental of the AIS optical scanning election
equipment . The County Board has authorized a five year lease/
purchase agreement for the purchase of an optical scanner. The
City has received a bill from the county auditor for the first
year ' s lease in the amount quoted last April .
The attached resolution adds $1 ,000 to the public works captial
equipment budget, adds $2,450 to the city clerk' s supplies/services
budget and deletes $20,000 from the city clerks capital equipment
budget .
Action Requested:
Offer Resolution No . 2606 , A Resolution Amending Resolution 2457
Adopting the 1986 Budget, and move its adoption.
RESOLUTION No . 2606
A RESOLUTION AMENDING RESOLUTION No . 2437 ADOPTING THE 1986 BUDGET
WHEREAS , the City Council has adopted a budget for the fiscal year ,
zd
WHEREAS , changing conditions and circumstances warrant amending the budget .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
INNESOTA, that the appropriations are increased as follows :
Fund Account Division Amount
General 01-4380-132-13 Rents $2 ,450
General 01-4511-421-42 Capital Equipment $1 , 000
A the increases are offset or funded by decreases in the following accounts :
Fund Account Division Amount
General 01-4511-132-13 Capital Equipment 520 , 000
Adopted in regular session of the City Council of the City of Shakopee ,
Lnnesota , held Otis_nd day of Settember , 1986 .
Mayor of the City of Shakopee
_ EST:
_ty Clerk
,proved as to form this
=y of 1966 .
ty Attorney
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
-----------------------------
WISHING WELL FARM, INC. , 86-06442
Plaintiff,
V. FINDINGS OF FACT
CONCLUSIONS OF LAW
CITY OF SHAKOPEE, ORDER FOR JUDGMENT
Defendant.
-----------------------------
This matter came on regularly for show cause hearing on the
Writ of Mandamus issued herein, at the Scott County Courthouse,
Shakopee, Minnesota, on July 18 , 1986 , at 9 :00 a.m. The
plaintiff was represented by attorney Gregory E. Keller; the
defendant was represented by attorney Julius A. Coller, II . Oral
argument was presented on behalf of both parties, and the Court
permitted the filing of memoranda and affidavits thereafter.
The Court having considered the arguments of counsel , their
memoranda and affidavits, and the file herein, makes the
following Findings of •Fact, Conclusions of Law and Order for
Judgment:
FINDINGS OF FACT
1. That plaintiff_ is the successor in interest of Wishing
Well Farm & Training Center.
2. That defendant is a municipality situated in Scott
County, Minnesota.
1
3 . That as of May, 19 , 1986 , defendant had enacted certain
ordinances collectively known as "City of Shakopee zoning
Ordinance Chapter 11. "
4. That prior to May 19 , 1986 , defendant determined that
Wishing Well Farm & Training Center would have to obtain a
Conditional Use Permit in order to construct and operate a
thoroughbred farm and training center at certain property in an
area designated as an Agricultural Preservation District by said
ordinance, situated in a portion of the North 1/2 of the
Northwest 1/4, Section 18 , Township 115 , Range 22, Scott County,
Minnesota.
5. That Section 11. 24 of said ordinance provides in part as
follows:
Subd. 2. Permitted Uses. Within the Agricultural
Preservation District no structure or land shall be used
except for one or more of the following uses:
A. Agricultural land uses.
B. Farmstead residences.
C. Single family residences - one (1) non-farm
dwelling per quarter-quarter section (40 acres) at a minimum
lot size of two and one-half (2 1/2) acres.
D. Forestry and nurseries.
E. Seasonal produce stands.
F. Essential services.
G. Public recreation.
H. Kennels and riding academies.
2
Subd. 3 . Conditional13
Uses. Within the Agricultural
Preservation District no structure or land shall be used for
the following uses except by conditional use permit:
A. Commercial feedlots.
B. Home occupations.
C. Retail sales of nursery and garden supplies.
D. Cemeteries.
E. Churches.
F. Schools.
G. Commercial recreation.
H. Mining, sand and gravel extraction.
I . Airport.
J. Local government buildings.
K. A second home, which may be a mobile home, in
addition to the permitted farmstead residence if placed on
the farm building site and conforms to Section 11.05,
Subdivision 8 .
L. Agricultural research facilities.
M. All structures in excess of 35 feet in height.
6 . That on or about May 19, 1986 , Wishing Well Farm &
Training Center applied to the Defendant for a Conditional Use
Permit pursuant to said ordinance.
7. That on or about May 30 , 1986 , the Shakopee City
w; Planner recommended to the Shakopee Planning Commission that said
application be approved, subject to certain conditions which
included a requirement .that the applicant obtain an Animal
Feedlot Permit from the Minnesota Pollution Control Agency
("MCPA") .
3
8 . That on or about June 5 , 1986 , at a hearing on said
application held pursuant to said ordinance, the Shakopee
Planning Commission approved the said application, subject to
said condition, among others.
9 . That thereafter, such action by the Shakopee Planning
Commission was appealed to the Shakopee City Council pursuant to
said ordinance.
10 . That on or about June 26 , 1986 , the Shakopee City
Planner recommended that the said action of the Shakopee Planning
Commission be affirmed, based upon findings that the use is
consistent with the zoning and comprehensive plan and is
compatible with existing adjacent uses, adequate access to the
site is being provided, and the establishment of the use will not
impede the normal and orderly development of surrounding vacant
property.
11. That as of July 1, 1986 , Doug Schoenecker, Scott County
Soil and Water Conservation District Technician, had recommended
that said permit be granted.
12 . That on or about July 1, 1986 , the Shakopee City
Council held a hearing on said appeal .
13 . At said hearing, no new and material evidence was
offered in support of denying said application.
14. That at the conclusion of the said hearing, the
Shakopee City Council unanimously passed a motion denying said
r
application, stating as reasons:
1) A chance for pollution; and
2) Inconsistency with the comprehensive plan.
4
15 . That the defendant has been unable to specify the
manner in which the plaintiff ' s proposed conditional use
conflicts with its Comprehensive Plan, and that there is in
fact no such conflict.
16 . That the Shakopee City Council received no competent
evidence indicating that the plaintiff ' s proposed use was a
potential pollution hazard; the record of the July 1 , 1986 ,
hearing contains only vague references to odor.
17 . That MCPA approval of the proposed use, as a condition
of the Conditional Use Permit, constitutes an adequate
environmental safeguard.
18 . That at a meeting on July 15 , 1986 , the Shakopee City
Council reconsidered its action of July 1 , 1986 , and continued
the matter to a public hearing scheduled for its meeting to be
held on September 23 , 1986.
19 . That the Shakopee City Council has not justified a
lengthy delay for reconsideration until September 23, 1986 , by
its vague references to further consideration and research.
20. That the Memorandum attached hereto is herein
incorporated by reference.
CONCLUSIONS OF LAW
1 . That plaintiff has shown on the record it has
the right to require issuance of a Conditional Use Permit ,
and no valid excuse for non-performance has been given.
2 . That the action of the Shakopee City Council in denying
plaintiff ' s Conditional Use -Permit application was- arbitrary- and-
capricious, and without any--factual basis-.
5
3 . That defendant' s failure to reconsider such denial in a
timely fashion has violated plaintiff ' s Due Process Rights.
ORDER FOR JUDGMENT
IT IS HEREBY ORDERED that judgment shall be entered for the
plaintiff and against the defendant, together with costs and
disbursements , and a peremptory Writ of Mandamus shall be awarded
to the plaintiff without delay.
Dated:
Dis ict Ju
d�6�/��
Judgment shall be stayed for seven days .
6
l
MEMORANDUM
When the City Council for the City of Shakopee denied
the conditional use in this matter, it stated two bases for
its action.
The first basis was that there was a chance for water
and air ,pollution. There was nothing in the record to support
the conclusions that there would be water pollution. The
site has to be reviewed by Minnesota Pollution Control and
furthermore, the Scott County Soil and Water Technician, Doug
Schoenecker, felt the plaintiff ' s proposal for disposal of
manure was satisfactory.
In Curtis Oil v. City of North Branch, et al, 364 NW2d
880 (Minn. App. 1985 ) the appellate court stated:
"When a zoning ordinance expressly authorizes governing
body of a municipality to issu? a special permit for
a proposed use, reasonableness ofgoverning body' s
decision is measured by standard set out in particular
statute. "
It was also stated in the above cited case that
where a city council has denied a conditional use permit and
have not considered the factors set forth in their ordinance
and gave no other reasons for a denial, the denial must be
regarded as arbitrary.
In this instance some council members felt there would
be an endangerment of the Comprehensive Plan if this conditional
use were to be granted. The depositions of all council members
show, however, that none of these parties can point to anything
in the Comprehensive Plan that would be inconsistent with
conditional use herein.
The other objections to this conditional use appear to
be without foundation and contrary to the recommendations of
the city advisors .
It is the belief of this Court that further delay
would be a denial of due process to the applicant based on
the length of time involved.
The City of Shakopee has never indicated what further
research or study is necessary nor why a delay of the length
requested is appropriate.
In reviewing this matter, the Court considered the
following factors in determining whether a rehearing would
be timely:
(1 ) Finality of deprivation
( 2 ) Importance of the private concern
( 3 ) Likelihood of government error, and
( 4 ) the magnitude of government interests involved.
Eisin V. State Department of Public Welfare, 352 NW 2d 731
(Minn. 1984 ) .
It appears from the record that a lengthy delay in
these proceedings would be very prejudicial to the plaintiff . It i
also the opinion of the Court that there has been governmental
error in these proceedings. It is the opinion of the Court that
a conditional use permit should have been granted initially upon
the recommendation of the City Planning and Zoning and subject to
the special restrictions and conditions referred to. Its denial
has to be regarded as arbitrary and capricious based on the
record before this Court.
RJG
�3b
RESOLUTION NO. 2615-
A Resolution Approving an Application for
Conditional Use Permit No. 464 by Wishing Well
Farm Inc. to Construct and Operate a Commercial Feed Lot
WHEREAS, Wishing Well Farm, Inc. has applied for a
Conditional Use Permit to construct and operate a commercial feed
lot and thoroughbred training center in a portion of the North
Half of the Northwest Quarter of Section 18, Township 115, Range
22, Scott County, Minnesota within the City of Shakopee; and
WHEREAS, on or about May 19, 1986, Wishing Well Farm, Inc.
did apply to the City for a Conditional Use Permit to operate a
commercial feed lot and thoroughbred training center; and
WHEREAS, on or about June 5, 1986 at a public hearing duly
held the Planning Commission of the City of Shakopee, pursuant to
the hearing and recommendations of the .City Planner, granted the
application subject to certain conditions; and
WHEREAS, within the time prescribed for so doing, an appeal
was duly taken to the Shakopee City Council from the action of
the Planning Commission; and
WHEREAS, Shakopee City Council did hold a public hearing on
said appeal on July 1, 1986 and at the conclusion thereof did
move to direct the drafting of a Resolution denying the
Conditional Use Permit No. 464 citing, among other things, the
Possibilities of water and air pollution and the further fact
that the proposal is inconsistent with the Comprehensive Plan;
and
WHEREAS, the City of Shakopee has received an Order for
Judgement from District Court, County of Scott, State of
Minnesota to issue a Conditional Use Permit to Wishing Well Farm
Inc. to construct and operate a commercial feedlot.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA that on the basis of the findings of
District Judge Robert Goggins that;
1. Wishing Well Farm Inc. has shown on the record it has
the right to require issuance of a Conditional Use
Permit and no valid excuse for non-performance has been
given. R
N
2. What the action of the Shakopee City Council in denying
the Conditional Use Permit application was arbitrary =
and capricious, and without factual basis - a -=
3. The City of Shakopee failed -to recons ide-r--the- denial--in
a timely fashion which violated the=-Wishing-Well-=Farm
-
Inc. Due Process Rights. =----__ --- -
and therefore the application for a Conditional Use Permit to
construct and operate a commercial feedlot and thoroughbred
training center is hereby approved pursuant to the following
conditions :
1. Applicant must obtain an Animal Feedlot Permit from
MPCA prior to issuance of a building permit.
2. Applicant must obtain a County Highway Entrance Permit.
Applicant must verify with MnDOT the R/W limits of T.H.
101 By-Pass. Site distances must be ensured for
highway entrance permit.
3 . Applicant must provide on-site parking at a minimum of
28 spaces , and enough to provide for future parking if
those buildings are constructed.
4 . Landscape plan w/screening of trailer parking area to
be approved by City Planner prior to approval of
building permit.
5 . No living facilities will be provided on-site.
6. C.U.P. monitored by staff for dust and reviewed
annually.
NOTE: Permit include construction of future barns and
access road.
BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code,
Sec. 11. 04 , Subd. 6C-12, if an approved Conditional Use Permit is
not utilized within one year from date herein approved or by
01 19 it shall become null and void.
Adopted in session of the City Council
of the City of Shakopee, Minnesota held this day of
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form •this
day of ,
1986.
City Attorney