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HomeMy WebLinkAbout10/07/1986 MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: October 2 , 1986 1. The City received thank you cards from Jeanette Shaner and Ray and Kathy Ruuska. Jeanette ' s new daughter ' s name is Sarah. Ray' s mother passed away recently. 2 . I have been in contact with the Conlin Company and it appears we will receive free surplus fertilizer from Conlin to apply to our ball fields this fall. I have also contacted Toro Company regarding free mowing. Discussions are still underway but we may be able to schedule Toro Company mowing on several of our parks. Toro Company mows grass for free to put hours on their experimental equipment to test it out. 3 . Some time ago the City approved a Resolution to establish a procedure for private utilities owned and maintained by home associations. At that meeting Council asked if we were obtaining "field corrected as built plans" for regular one owner apartment complexes. Leroy has indicated that it is his standard practice to get "field corrected as built plans" for such projects . 4. Some time ago Ken Theis petitioned for sanitary sewer for his Valley Publishing building. We have not spent any time on the feasibility report because Ken Theis hasn' t followed through properly. In a similar fashion the developer who petitioned for the Market Street utility feasibility backed away from that project so Engineering is not working on that feasibility report either. Finally, we had anticipated the need to have OSM study the flow capacity of the sanitary sewers serving the swimming pool and flowing north through 6th Avenue. The major problem was a swimming pool backwashing procedure that was modified. For this reason we have not had OSM working on this project. If the Councilmembers have any questions regarding the status of these three projects they can contact me. 5 . Barry Stock has been selected as editor for a new "In Transit" newsletter representing communities not dependent upon the MTC. 6 . Attached is the monthly calendar for the Month of October, 1986 . 7 . Attached is a letter from Senator Rudy Boschwitz responding to our concerns over the Fair Labor Standards Act (FLSA) . 8. Attached is a letter from Senator Dave Durenberger responding to our concerns about budgeting money for the design of a bridge replacement for the Bloomington Ferry Bridge. 9 . Attached is an informational item I put together for Superintendent Gaden Carruth regarding the tax impact of the proposed annexation. 10 . Attached is the monthly Cable TV and Access report for the Month ending August, 1986 . 11. Attached are the minutes of the September 4 , 1986 meeting of the Shakopee Coalition. 12 . Attached are the minutes of the September 4 , 1986 meeting of the Shakopee Planning Commission. 13 . Attached are the minutes of the September 10 , 1986 meeting of the Downtown Ad Hoc Committee. 14 . Attached is the Engineering Department' s monthly Project Status Report for the Month ending 9/30/86 . 15 . Attached is a letter from Dave MacGillivray investigating the feasibility of doing an advanced refunding of TIF bonds for K-Mart and Canterbury Downs. Dave, Gregg and I believe the gain to be so marginal that we are recommending that we not do the advanced refunding at this time. If you have questions, please call me. 16. Projection for Taxing Districts. 17 . Attached are the minutes of the September 10 , 1986 meeting of the Industrial Commercial Commission. 18 . Attached is the Agenda for the October 8 , 1986 Downtown Ad Hoc Committee. 19. Attached are the minutes of the Downtown Ad Hoc Committee . meeting of October 1, 1986 . 20 . Attached is the agenda for the October 9 , 1986 Planning Commission meeting. 21 . Attached is the Agenda for the October 9 , 1986 Board of Adjustment and Appeals meeting. K N ry N l.n 00 �] M C) •• H- (D p rt r- on n wN t:r O (D C 0N �-j o (D J FJ P. Y L � l OAK O � � y b h— b t K 1 In H —I c) C7 Li C) w9 :V- CD O �l *'3 W rt rt, d Cd O (D �l @ L7 b N In 00 K co � 1-3M � � ro .. n .. p Lo W (D W W y O �5 �l O rooms rove' rt H. tJ P) K H d K u W L7 C i { N LOWELL WEICKER,JR..CONNECTICUT,CHAIRMAN RUDY BOSCHWITZ.MINNESOTA DALE BUMPERS,ARKANSAS SLADE GORTON,WASHINGTON SAM NUNN.GEORGIA DON NICKLES.OKLAHOMA JAMES R.SASSER,TENNESSEE WARREN RUDMAN.NEW HAMPSHIRE MAX BAUCUS.MONTANA AlFI1fIAF.4L..R:4AAAT(l,,•IF2N.�RRY ',A%2 a4lk.'MSLKLvAh BOB KASTEN. ILLINOIS LARRY P ESSLER,SOUTH DAKOTA DAVID L.BISCONSIN ALAN J. IOREN,OKLAHOMAsited Mates senate BARRY GOLDWATER,ARIZONA TOM HARKIN,IOWA PAUL S.TRIBLE,JR.,VIRGINIA JOHN F.KERRY,MASSACHUSETTS COMMITTEE ON SMALL BUSINESS ROBERT J.DOTCHIN,STAFF DIRECTOR R.MICHAEL HAYNES,CHIEF COUNSEL WASHINGTON, DC 20510 JOHN W.BALL 111.MINORITY CHIEF COUNSEL September 12, 1986 The Honorable Eldon A. Reinke Mayor of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Eldon: Just a short note to inform you that the Department of Labor has informed me that many letters, similar to yours , were included in the official rulemaking record with regard to proposed regulations applicable to state and local governments under the Fair Labor Standards Act ( FLSA) . The Department of Labor has yet to reach final decision on the new regulation which would greatly affect state and local authorities' ability to maintain firefighting programs. However, they did indicate that many others shared your views regarding the issue of volunteer firefighters and that this would be taken into consideration. They did not say when a final decision would be reached. Please do not hesitate to contact me if I may be of further assistance to you on this matter. Sincerely, Rudy Boschwitz RB:mbl SEP 18 �9� DAVE DURENBERGER MINNESOTA ' nif eb ,$fates .Sencti¢ a VED WASHINGTON, D.C. 20510 SEP 91986 September 17 , 1986 C17'Y Mr . John K. Anderson. City Administrator City of Shakopee 129 East First Avenue Shakopee , Minnesota 55379 Dear John : I appreciate your taking the time to write and express your support for replacement of the Bloomington Ferry Bridge. No one disputes the need for a new bridge . In addition to the extensive number of closings this year , the bridge was flooded 20 days in 1985 , 60 days in 1984 , and 54 days in 1983 . And, having spent my share of frustrating spring evenings trying to reach Shakopee from Bloomington -- before the opening of Cantebury Downs -- I share your desire to see CSAR 18 upgraded and the bridge replaced. As you might expect , the biggest obstacles to construction of a new bridge are time and money. According to officials from the Minnesota Department of Transportation and Scott County, the most immediate need is $2 . 75 million for a Location Design Study Report and the preparation of a two year Detailed Bridge Design study. Construction of the bridge itself would begin as early as October 1988, provided $37 million in federal assistance is made available . Unfortunately, despite the tremendous national demand for discretionary bridge funds there is very little federal funding available for local bridge projects like the Bloomington Ferry Bridge. In an attempt to assist the county and thousands of frustrated drivers , during the Senate Environment and Public Works Committee consideration of the Surface Transportation Reauthorization Act of 1986 , I was successful in adding language directing the Secretary of Transportation to provide funds for the Bloomington Ferry Bridge , provided that the state requests her to do so. Hopefully the House of Representatives will agree to my amendment and allow this extremely important project to proceed . Thanks again for writing. incerely, D ve Durenberger United States Senator DD/djm CITY OF SHAKOPEE INCORPORATED 1870 ' 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612) 445-3650 September 19 , 1986 f Ms. Gaden Carruth, Superintendent Independent School District 720 505 South Holmes Shakopee, Minnesota 55379 Re: Proposed Annexation Of Josephine Vierling' s 150 Acres Affect On Taxes Dear Ms. Carruth: The City has completed a preliminary estimate of the increased taxes that would be paid on the 150. 3 acres being proposed for annexation by a Josephine Vierling estate. The attached letter from Assessor Robert Schmitt, Scott County Property Appraiser, lists the net tax currently paid on the 150 . 3 acres, and the estimated tax that would be paid on one standardized residential lot with an average home value of $85 , 000 . The City Engineer has estimated the total number of residential lots created should the area be totally developed into residential lots as follows: AREA PROPOSED FOR ANNEXATION 150 . 3 acres converted to Sq. Ft. = 6 , 546 , 450 sq. ft. Minus loo for Park Dedication - 654, 645 sq. ft. Minus 15% for Streets - 981, 967 sq. ft. Total Developable Area = 4 , 909 , 838 sq. ft. Standard Residential lot size 140 'X90 ' = 12,600 sq. ft. Total Number of Lots 4, 909 , 838=12 , 600 = 390 Lots Net tax 390 lots X $1,377. 00 = 537, 030. 00 It is clear from these raw estimates that the "potential" increase in taxes paid on the 150. 3 acres after residential development is significant for the City of Shakopee and School District 720. The Heart of Progress Valley T The City of Shakopee has an unusually large commercial- industrial tax base and is currently penalized through the Fiscal Disparities Law for the large assessed valuation per capita this creates. For this reason the City of Shakopee has made it a high priority to promote residential development to increase population growth at a rate equal to or greater than our increases in commercial-industrial assessed value. The development of this 150 acres into residential lots would go far in achieving this goal. Sincerely, John K. Anderson City Administrator JKA/jb ® zylstra - united cable television company Jawalem SYSTEM MONTH END REPORT BEGIN INSTALL DISC TOTAL ECONOVISION (TIER I) BASIC (TIER II) HBO 3 �� CINEMAX HTN SHOWTIME TMC 717 ,� DISNEY BRAVO SPECTRUM SPORTS — — ADDITIONAL OUTLETS REMOTE CONTROLS CINEMAX DISCOUNTED (WITH OTHER PREMIUMS) 9 CINEMAX NON–DISCOUNTED (SINGLE, MAX ONLY) TOTAL SUBSCRIBERS 123 West 3rd Street P.Q. Boz 146 Chaska, MN 55318 612/448-3831 � � SHAKOPEE PUBLIC ACCESS REPORT Public Access Equipment Usage 1/2 Editing 0 8 6 8 5 27 3/4 Editing O 4 7 7 6 24 Studio 0 5 2 17 2 26 Film Chain O 0 0 0 O 0 Comments: Now that summer is comming to an end, I hope that everyone is pleased to see that the hourly use of the equipment is increaseing. Bill and I feel that this is still at the low end of the spectrum for maximuim use. Monthly Promotion Date 8-14-86 Organization: Scott County 4-H Contact: Kim Bell Description of Presentation: After the 4-H group video taped their presentations at the Scott County Fair Kim brought a group of kids into the studio to learn how to use the editing, character generator and other video equipment. The kids then edited the Fair presentations into a public access program for the community to view. Date: Aug. 7, 1986 Organization: The River Valley Chapter (Full Gospel Bus. Men's Assn. ) Contact person: John Bjorklund Description of Presentation: John showed an interest in public access, so we invited him to bring his organization into the studio to learn more about public access. Since then, John has invited public access to air 20 productions put out by the Full Gospel Business Men's Fellowship International , and is preparing his people to produce their own Bible Study Show to be video taped each week in the studio starting soon this fall . Date: Aug. 19, 1986 Organization: --------- Contact person: Gary McKiver Description of Presentation: We met Gary while investigating the Candidates Review show. He has a unique talent for writing music. We invited him in to learn more about public access. Since then Gary is looking at helping us with original music scores and on other public access promotions. Copyright 1986 New Frontier Productions Incorporated Page 1 SHAKOPEE PUBLIC ACCESS REPORT New Frontier Productions Inc Equipment Usage During the month of August NFP did not use any of the Public Access equipment for its own personal use to generate revenue. Character Generator Revenue Don Hamilton advertised on page 13 from 8/25/86 toy 'x/8/86: cost $33.00 Bill Nevin Adertised on page 16 from 9/3/86 to 9/8/86: cost $12.00 Channel Three Cablecasting Week. 1 week e_ week. ✓ week. 4 week 5 total 2 10.5 9 14 9 44 hours Description: I arra happy to say that access users are over their vacation for the summer and new programming is starting to be produced by local users. New Shows for f_ as e ar August follows: 1lows: Candidates in Review; Produced by New Frontier- Productions And Public Access. We invited each candidate: to fill a five minute segment introducing themselves to the viewing_ audience. We had a goad turn out from the candidates to produce a 56 minute program for channel three. As a promotional toil, we contacted all of the Scott County libraries to see if they were interested in checking out a copy of the production for each of the local branches. We received an ex.celent response and dubbed 8 copies for the library system to be destributed by the Shakopee branch. We have since received comments that this was a very worthwhile project and the video tapes have been in use. 4--H Youth In Action, The Sheriff Candidates: Barb Weckman from the 4-H organization of Scott County, organized this production through the 4--H group. She brought in a group of 4'--H'rs to be trained on the studio functions (caldera, switcher, audio, character generator, and recorder) . On Tuesday 26, Barb had the trained group, a panel of five sheriffs and an audience of about 30 in the studio to tape an hour long debate between the sheriffs. Each canidate was given 2 minutes to answer questions delivered by 14--17 year old 4-H young adults. Shakopee Varsity Football: New Frontier Productions Is producing the Cablecasting of the Shakopee Varsity Football Games on a delayed basis. Each game will be recorded and cablecast the following Saturday and the following Wednesday. Each game Copyright 1986 New Frontier ProductionsIrtoor n {- p_ra,ed Page � ' SHAKOPEE PUBLIC ACCESS REPORT consists of a the first half with a play by play from the announcer at the game; a half time show (band, team interviews or commments); the second half with commentary; Sideline Chatter with Coach Vaughan (Dale Vaughan gives a 5-10 minute recap of the game hi-lighting special plays and events that happened during the game. While he talks about the plays, the plays are shown simuItaniously with the commentary. ) Maintenance Equipment: Panasonic WV-555 Camera #2 Repair: Adjusted remote audio cost: No cost to Access Corp. - Repair done 'in house' Equipment: JVC 3/4" portable recorder Repair: bad audio ch. 2 cost: no cost to Access Corp. - Repair done 'in house' Equipment: Sony 1270 Monitor/Receiver Repair: High Voltage Dropout cost: ? (no cost to Access Corp. ) Equipment: JVC camera Repair: loose Mic cost: no cost to Access Corp. - Repair done 'in house' Equipment: Shintron 505 C.G. &—� ` Repair: #4 is bad -� cost: no cost to Access Corp. - Repair done ' in house' Equipment: Sony 1270 Mon/Rec Repair: Heat related H.V. cost: ? (no cost to Access Corp. - Repair done ' in house' ) Equipment: Panasonic Power Supply 8420 (2) Repair: Burned out cost: To be Determined - Repairs incomplete Equipment: Sony DX3 Headset Repair: lost screw and needed soldering cost: no cost to Access Corp. - Repair done 'in house' Copyright 1986 New Frontier Productions Incorporated Page 3 - - ` / � - " ' SHAKOPEE PUBLIC ACCESS REPORT Wish, List Music Library Lens for Slide Projector Panisonic WV-555 Lens For 16mm Projector Chopper W/Pilot Phone Answering Machine � �» Glenwood Water Cooler Cheap Stop Watch Track Lighting Audio Headsets 1/2" Video Tape Cassette Recorder Special Effects Character Generator Portable Modulator Wireless Headsets Portable Lighting System 10' X 12' Projector Screen N*w Equipment The New Telex headsets and Patchbay arrived this month. We hope that these two improvements help to promote public access and upgrade the quality of the productions produced in the field or studio. We will be experiencing a new pattern of rewireing to incorporate the patch bay into our existing system. As soon as this is complete, We will be providing a new updated user manual and studio schematic for the studio. Bill and I are proud to point out another new piece of equipment added to the studio for the public. A new 1/2" 2/4/6 hour video tape machine. This new machine will remain property of New Frontier Productions Inc. but during our contract with SCAC, we hope this machine will come in handy and recieve many hours of use from the public. Copyright 1986 New Frontier Productions Incorporated Page 4 t I Y V ��Y a r� SHAKOPEE COALITION MEETING MINUTES — SEPTEMBER 4, 1986 The meeting was called to order at 7:00 A.M. by Chairman Citizens State Bank Community Room. Brian Norris in the Members Present: Joan Salter(Food Shelf Kes(Guest), Sr Jo Lambert(St. Francis RegionalrMedical (Center)City of Shakopee) Jackie (Citizens State Bank) , Brian Norris Count , Kay Louis(Scott County Extension) , Debbra Determan(Scott Y), Jeanette Kleve(SACS), Don Mertz(Lions Club )q Claud Columbus), Jerry Knutson(Minnesota Correctional Facility/Shakopee), John Anderson(City of Shakopee), Mary Sullivan(Scott—Carver Economic Council George Muenchow(Shakopee Community Services). c )� John K. ), and Chairman Norris recognized Jackie Kes as September Volunteer Of The Mon As a former member of the Coalition the members were aware what an Outstanding recipient she was. Her voluntary Month. the good that she has done whenemployedlby Scr hments have been just as greatasSome of her accomplishments have resulted fromott workingveinEher chu Council. and her community. She is a loving and carings church, scouting, person seven, but yet had time also for others. n who raised a family of Joan Salter reported on the Food Shelf. The figure Of 1 fairly constant all summer as to number served. In Augusto therefamilies This breaks down to 643 individuals and 2,667 meals from Scott County alone. This broke down further to 7,728# of food provided in the two count In Shakopee alone there were 44 households with 118 individuals. Joan is full what will be ha Y program. happening once the warmer weather stops and the supply fear— fresh fruits and vegetables stop. Ppyof Joan also commented that she had metwith Alvina Busacker, Sr. Citizens Dire in Shakopee, to discuss possible candidates for the position of Volunteer Coordinator. A coordinator still is needed in the area of family needs. Director Several topics were shared by several members: 1. John Anderson — Shakopee Streets are under construction with the Holmes Street Sewer Project to be completed this fall. Fourth Avenue also is a major project. Downtown Streetscape en— hancement will start next year. A portion of the 2nd Ave. parking lot under construction will feature some items being considered for the downtown project. The parking lot is being financed by local property owners and Tax Increment 2• Kay LouisFinancing. The Holmes Street Bridge upgrading movin — Reported that the current printing of the dS ottsContyg ahead. Resource Directory was sold out. Several Workshops are forth— coming including one entitled "Farm Help". Scott County Extension is going all out to provide assistance to hurting farmers. They also are looking for some funding to finance a "Family Farm Resource Guide" that they have prepared. They are working with Scott County Human Services in the develop— ment of a Financial Management Training Program. Trained Volunteers are used. Another Conference coming is "Teens In Stress" highlighted by a Teleconference on October 28. l� 2 _ 3. Jerry. Knudson —Reported that they (staff and residents) are very happy with the new prison facility. It is going real well there right now. There are currently 93 residents. Regarding the old site, the County apparently no longer is interested in using it. The City is attempting to find a developer to transform the area into possibly residential units of some type. Most of the structures would be torn down to make room for residences:._ 4. Debbra Determan—was congratulated upon her recent marriage. 5. John Anderson' —Announced that Dean Colligan had resigned from the City Council and they were looking for someone to replace him. The meeting was adjourned at 7:55 A.M. Re ctfully Su1bAmiitted, George F. Muenchow, Acting Secretary CGS"P'ISSI01�' u�GULrR SH KCPESESSIO^' r,.; MI�TNI ,,.ESOTti SFPTFP,'rER 4 , !986 Chairman Czaja called the meeting to order with Comm. Schmitt, Foudray, VanDnaldeghem and Rockne present. Also present were Judi Simac, City Planner; John Y. Anderson, City Administrator; and Cncl. Lebens . The agenda was approved as written with the ommission of the discussion of Canterbury Park 2nd Addition, the representatives of Canterbury Park were unable to attend. The minutes of August 7, 1986 were approved as written. PUBLIC HFARIP'G - Amend Conditional Use Permit X424 VanEaldeghem/Schmitt moved to open the public hearing to amend Conditional Use Permit 1424 to construct a building addition in a B-1 District upon the property located at 1266 E. lst Avenue . Notion carried unanimously. The City Planner stated that the applicant, American Legion Post #2 has responded to the concerns of the Planning Commission. Pvalkerson "iotors has submitted a letter to permit the parking of 60 vehicles on their property during non business hours, this would bring the total parking available to 137 spaces. The parking on the east side of the lot where it abuts county road 17 will have plantings along there to the height of 3 feet to conceal headlights from the cars . The American Legion did propose to build a picket fence along that area. Discussion ensued on the landscaping and the 3 foot screening require- ment. It was stated that shrubs and berming would be more suitable than a picket fence . Chairman Czaja asked if there was anyone from the audience who wished to address this issue . There was no response . Schmitt/VanNaldeghem moved to close the public hearing. Motion carried unanimously. Foudray/Schmitt offered Conditional Use Permit Resolution 11424 and moved for its adoption subject to the following conditions : 1. Screening and landscaping be completed before issuance of the building permit for the addition. 2 . Compliance with the 299 person occupancy limit. 3 . The applicant get the signature of Al C. Fischer from Malkerson Motors . Motion carried unanimously. Commissioner Pomerenke arrived and took his seat at 8 : 05 p.m. PL,�r�Trr-r COr:T�1;IS:�IOr' September 4, 19E6 age -2- PUPLIC H EARIT'G - Rezoning of 71 .2 acres Schmitt/Rockne moved to open the public hearing to consider the rezoning of approximately 71 .2 acres of property located in Section ?, Township 115P,, Range 221 , from Ag to R2 . T.�,ction carried unanimously. The City Planner stated that the applicant has not yet submitted a preliminary plat of the development area and an environmental Assess- ment 'Worksheet must be performed. Chairman Czaja asked if there was anyone from the audience who wished to address this issue . There was not response . Schmitt/Foudray moved to continue the public hearing for the Jackson Business Park rezoning request to October 9, 1986 and move its adoption. T.lotion carried unanimously. PUBLIC HEARfiG - Amendment to the City Code Section. 11,29, Subd. Foudra� /po eru ke ved to o en the b11 c hhe iI t c nsids r a amendment o -,he Ci y Code , ectign, 1 .2 S 1 mini storage facilities as a conditional useuin� ��B-1 District. Motion NMotion carried unanimously. The City Planner stated that the particular area where Tr. Marschall would like to construct mini storage is u1. 3rd Avenue and at this time there is not public sewer or water available . One of the options would be to rezone just certain areas of the Bl for mini storage . Comm. Schmitt stated that this particular piece of property has severe geological problems in serving it with municipal utilities . _.;iscussion ensued or_ the possibility of using economic development tax increment distribution. The applicant, Duane Marschall, stated that he would have no problem with having a residence on the mini storage property. Schmitt/Pomerenke moved to continue public hearing to October 9, 1986, with direction to staff to resolve the issues of the estimated cost and scope of project and the cost to all adjoining landowners and what economic benefit there would be in the long term. Potion carried unanimously. PUBLIC HEARIF G - Conditional Use Permit to allow outdoor stora e VanYalde�hem/P,Qckne moved to open the public hearing to consider a a reques for a Conditional Use Permit to allow outdoor storage of transportation equipment upon the property located at 1803 Eagle unanimously. Creek Blvd. in a light industrial zoning district. Motion carried Discussion ensued on exactly what kind of storage would be involved. / I'-', September` 1 ) Page -'- The applicant, Lester Koehnen, €304 1st Street, Shakopee , stated the stora=ge could consist of an.+ftin.' from a- outboard motor to a semi . It` is state 3 aw that j ung: vehicles must be stored 30 days . There will be no wrecking on this site just storage . Mr. Olson, 940 Eagle Creek, said that they propose to put as many vehicles as they can within the fenced in area. Yr. Schmitt, 1797 Eagle Creek Blvd. stated that he is against this proposal, he believes it would be an eyesore to the residents within the area. Dave Yarusso , 1812 Eagle Creek Blvd. said that he does not feel it would lower the property values . Mr. Brown, 302 Shawnee Trail, stated that this is not a junk yard. This is a towing and storage facility and it is an excellent service for the city. Chairman Czaja asked if there was anyone from the audience who wished to address this issue . There was no response . Foudray/Schmitt moved to close the public hearing. Motion carried unanimously. Foudray/Schmitt offered to grant Conditional Use Permit ;#471 and move for its adoption based on the following recommendations : 1. The entire storage area must be entirely enclosed with a solid fence 8 feet in height. The fence shall be set back 30 feet from the rear property line and 10 feet from side lot lines . lithin the setbacks a major deciduous tree must be planted every 30 feet. 2 . All storage associated with the uses within the structure must be contained within the fenced area. Pomerenke/Rockne offered an amendment to the main motion that a major coniferous tree , such as spruce or pine be planted every 15 feet and with 6 foot height. Notion carried unanimously. City Administrator stated that there should be a review of the conditional use permit after one year. Commissioner Foudray called the question. Call of the question fails with Pomerenke and Czaja opposed. Main motion dies because of lack of majority. Schmitt/Rockne moved for a 5 minute recess . Motion carried unanimously. PLANNING COMMISSION September 4 , 1986 Page -4- Chairman Czaja called the meeting back to order. Schmitt/Foudray moved to grant conditional use permit #471 for purposes of operating an outdoor storage lot and for purposes of operating an impound lot, and move its adoption, subject to the following conditions: 1. The entire storage area must be entirely enclosed with a solid fence 8 feet in height. The fence shall be setback 10 feet from the rear and side lot lines. Within the setbacks a major coniferous tree must be planted every 15 ft. at a minimum 6 ft. height. 2 . All storage associated with the uses within the structure must be contained within the fenced area. 3 . Annual Planning Commission review. Motion carried with Comm. Czaja opposed. Foudray/VanMaldeghem moved to adjourn. Motion carried unanimously. Meeting adjourned at 9 : 50 p.m. Judi Simac City Planner Carol L. Schultz Recording Secretary PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE Shakopee, Minnesota September 10, 1986 Chm. Laurent called the meeting to order at 7:40 a.m. with the following members present: Terry Forbord,- Gary Laurent, Mike Sortum, Dan Steil, Jim Stillman, Bill Wermerskirchen and Liaison Jerry Wampach. Absent: Don Martin, Joe Topic, Pete Sames, Tim Keane and Mark Kuechenmeister. Also present were John Anderson, City Administrator; Barry Stock, Administrative Aide; Ken Ashfeld, City Engineer and Dennis Kraft, Community Development Director. Terry Forbord/Jim Stillman moved to approve the agenda. Motion carried. Terry Forbord/Bill Wermerskirchen moved to approve the minutes of the August 27, 1986 meeting. Motion carried. The status of the streetscape petitions was discussed. At the present time 21. 1% of the front footage of residential property and 33% of the front footage of commercial property owner signatures have been received on the petition. The amount still needed before presentation to the Council is 351 front feet. A letter from Anthony Berens withdrawing his signature on behalf of Art Berens and Sons, Inc. for Lots 1, 2 & 3 and S. 102 feet of Lot 4, Block 22 from the streetscape improvement petition was acknowledged. After reviewing the petition Berens Market doesn't feel they should be penalized for prbviding off street parking for- their customers. Barry Stock suggested the Committee members try to contact more property owners. He provided them with a list of residential property owners and requested that the petitions be returned to him by Friday, Sept. 12. The merits of including scaled down streetscape elements on the Fourth Avenue Recon- struction Project from Holmes to Scott were discussed. The consulting engineers are now doing a study to establish costs for a scaled back type of proposal. A public hearing is scheduled for Sept. 23, 1986 for the proposed streetscape improvements. property owners would be assessed 25% of additional amenities such as trees, benches, etc which are over and above the normal street improvements. This is an opportunity for property owners to improve their property at 25% of the cost and it would also tie in with the Downtown District improvements. It was noted that there are four commercial properties that would be affected and it was suggested that a meeting be held with these property owners to explain the project to them. Mike Sortum questioned the timetable for the project and the benefits it might have for these properties. Dan Steil left at 8: 45 a.m. Terry Forbord /Jim Stillman moved that the Downtown Committee encourage doing a feasibility study on the proposed improvements on Fourth Avenue and move forward with the City Engineer to finish the study on the cost of these items. Motion carried. Barry Stock submitted a parking plan for the downtown area for the Committee to review. The plan designates parking for customers, 8 hour, 4 hour, 2 hour, 30 minute, 15 minute and permit parking. The Chief of police has reviewed the plan and has given his approval. Bill Wermerskirchen/Mike Sortum moved to approve the parking plan and recommend to the City that the plan be implemented as soon as possible. Motion carried. A letter of resignation from Mark Kuechenmeister was accepted. After being confronted by two businessmen regarding his position on the downtown streetscape project he feels it would be detrimental to his business to remain on the Committee. The City Administrator wondered if there might be some value in meeting with those who are opposed to the streetscape project. Barry Stock will work up a fact sheet on the Downtown area streetscape to be sent out to property owners before before small group meetings are held. The next Downtown Committee meeting will be held September 24, 1986 at 7:30 a.m. Further discussion ensued on how to assess vacant land and unoccupied property. It was decided to discuss these issues in greater detail at our next meeting. The meeting was adjourned at 9:15 a.m. Darleen Schess Recording Secretary /f MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Monthly Project Status Report DATE: October 2 , 1986 Attached is the monthly project status report for September, 1986 . I wish to expand upon the status of a few projects as information to the Council . Timber Trails: This project includes the overlay portion of our 1986 pavement preservation program. 13th Avenue Mapping : There are meetings scheduled with all affected property owners on October 7 , 1986 and tentatively for November 6 , 1986. Hopefully this project can be completed this winter. Trail Clean—up Project: With the amount of rain this year, this has been a very difficult project to complete . The trail is again under water and the area has been wet most of the summer. The project is close to being completed but there remains some work behind the Rahr property and a low area to the west . The following is an update on the costs incurred to date on the project. Construction Cost $1 ,268 .50 Engineering Cost $ 9140.00 Administration Cost $ 12 .68 TOTAL COST $2,221 . 18 We have received a contribution from the DNR in the amount of $2,650 .00 . R.ahr Malting has indicated that they will be willing to participate in the project for their area which is yet to be completed. KA/pmp STATUS G i I _ - 1 - 1 r I 1 1 I I 1 1 I I 1 I I i I , I 1 1 . 1 1 TZ i I I 1 1 M i S2 i I ' ; •y � P 1 � 1 P 1 � � � ' , I I , I I I 1 I 1 _ 1 � 1 1 1 Gll O ' •� I V1 O .--. 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CJI 1 G11 1 1 ; m I I I I 1 I r I 1 I I I 1 c 1 I 1 1 1 1 I I GA 1 I I a 1 cmil i cn i c\mil i i i m m I I I 1 I I I I I I 1 1 I I I 1 1 1 I 1 1 = I I 1 a i a I 4mli+U I 1 1 C 1 ?J I I 1 I 1 I 1 I I I I 1 r I 1 r I I z o r ia 1 1 1 P S 1 1 1 I SII I 1 i I I I 1 m 1 O I i i 1 Cl1 1 1 1 C 1 I I I I I I r I I ' I I I I I 1 I I I 1 I I ' I 1 1 1 I P 1 m 1 I I a � 1 2 1 O 1 •'O I N 1 I 1 I I I 1 i m I I r i i cmir i `i' I v, 1 y i 1 I I I I I 1 I I I 1 i r m I I I I I I I 1 I 1 I I I i T 1 •'•, Z -1 • ' i i a m ii r I I I i i r I 1 I I 1 I I I I I ' I V i s i i I I I I i cmil 1 s I I i i i m I I I I I 1 N I o` i i c ai z I t _ , ; ' I I I I I SPRINGSTED INCORPORATED Public Finance Advisors 85 East Seventh Place,Suite 100 Saint Paul,Minnesota 55101.2143 612.223.3000 �..� SEP 3 19x6 September 29, 1986 CITY CF Mr. John Anderson, Administrator Mr. Gregg Voxland, Finance Director City Hall 129 East I st Avenue Shakopee, Minnesota 55379 RE: Advance Refunding of Tax Increment Financing Revenue Bond Issues for the K-Mart and Canterbury Downs Districts We have completed an estimate of the feasibility of advance refunding the $4,200,000 Canterbury Downs Revenue Bonds and the $3,140,000 K-Mart Revenue Bonds. The K-Mart issue has already been refunded once in 1984, which, in both a legal and practical sense, limits the feasibility of a second refunding. One additional practical limitation on advance refunding both issues is that each issue requires the payment of a premium to the bondholder if the bonds are prepaid. This premium causes a reduction in the interest cost savings. Schedule A is our estimate of advance refunding the Canterbury Downs issue. The total front money requirement is $315,000, of which $420,000 is provided by increasing the issue size. The City would be required to fund the remaining $395,000. The result as shown in columns 8 and 9 is that the City's front money is never fully recovered and the savings are negative. Schedule B is a similar estimate for the K-Mart issue. The City's share of the front money requirement is $400,000. The total savings are a negative $1,207,592. 'However, through levy year 1996 the savings are projected to be positive at approximately $I 10,000 per year. In 1997 through 2003 the savings turn negative to approximately $340,000 per year. This turnabout is caused by the statutory requirement of extending the average life of the issue five years for a second advance refunding. The present value of this negative savings is a minus $80,000. The City will recall that in our revised projection of TIF funds for these Districts sizeable surpluses were indicated in all years, with very significant surpluses in the late 1990's through 2005. These estimated surpluses were after funding of the storm sewer projects and the Downtown and Bridge projects. The size of the annual residual surpluses is much larger than the negative savings estimated in the later years of the advance refunding of the K_Mart issue. Therefore, although we cannot advocate the advance refunding of either of these issues as they stand individually, the City may wish to discuss how the City of Shakopee, Minnesota September 29, 1956 Page 2 potential savings in the first ten years versus the negative savings in 1997- 2003 from advance refunding the K-Mart issue would affect the City's overall objectives. Please feel free to contact us should you have any questions regarding these issues. Respectfully, VVM-L All J n 7 David N. MacGillivray Project Manager /dlr Enclosures SCHEDULE A l0 M M l0 Ln M � F w m a W o W I 1 1 I I I I I I 01 E U > Wccz oorinor- oN MW1. 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Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1987 Projections for Taxing Districts DATE: October 3, 1986 The Council asked for information as to what the School and County were looking at for taxes for 1987. Neither have taken final action nor are predicting what their mill rate will end up being. However, the levy for the budgets that they are currently looking at is; 1985/86 levy Est. increase _1986/87 levy 1986 mill 1987 mill City $1,489,535 (5.6%) $1,406,000 17.4 18.5? School $5,833,605 7.7% $6,282,793 60.3 65-72? County $11,459,559 17g $13,407,684 35.8 ? 17 Minutes Industrial Commercial Commission Shakopee, Minnesota September 10, 1986 MEMBERS PRESENT: Bud Berens Jane DuBois Al Furrie, Chairman Tim Keane Donald Koopman MEMBERS ABSENT: John Manahan Jim O'Neill STAFF PRESENT: Barry Stock, Administrative Aide John K. Anderson, City Administrator Dennis Kraft, Community Development Director Chairman Al Furrie called the meeting to order at 5: 20 p.m. and roll call was taken. Minutes On a motion by Tim Keane, seconded by Jane DuBois, the minutes of the June 11, 1986 meeting were approved. Star City Labor Survey Staff presented the numerical results of the labor survey that was sent to Shakopee residents through the utility bills this past Spring. Mr. Stock informed the Committee that he would be drafting a report which would clarify the results of the labor survey. At this time, staff reported that they had not drawn any firm conclusions from the survey results. Mr. Stock stated that the complete labor survey and report would be completed by October 1, 1986 . Comm. DuBois then questioned when the City would receive Star City designation. Mr. Stock suggested that the Committee review the Star City Program time schedule that staff had included in the agenda packet. Mr. Stock stated that the labor survey as mentioned earlier would be completed by the first of October. The industry visitation program is scheduled for completion in late October. Upon receipt of the industry visitation program survey results, staff will be analyzing the results and completing a report on the economic status of the industries within Shakopee ' s Industrial Park. Upon completion of the industry visitation program and report, staff will be compiling all the necessary components of the Star City Program and putting them into one comprehensive report. Staff hopes to have this report completed by December lst. Staying on the time schedule as discussed would allow for the presentation portion of the program to be completed in late December or early January. Assuming the acceptance of our report and presentation, it is likely that the City would receive actual Star City designation in February of 1987 . Comm. DuBois questioned whether or not the time schedule could be pushed up so that we might receive Star City designation yet this year. Mr. Stock stated that with limited staff resources he doubted that the time schedule could be pushed up in any way. Discussion ensued on the value of completing the Star City program process and the potential economic impact that it may have on our community. Industry Visitation Program Survey Mr. Stock presented to the Committee the industry visitation program survey that will be mailed to all the industries in the industrial park. Mr. Stock informed the Committee that each survey sent out will be followed up by a personal visit by either the Community Development Director or himself. It is the hope of staff that a personal visit will guarantee completion of the survey. Downtown Streetscape Project Mr. Stock presented the Downtown Streetscape Improvement time schedule to the Committee for their information. John Anderson, City Administrator, then explained the Downtown Streetscape Project in detail and it ' s potential effect on the community. Other Business Chairman Furrie questioned the status of the Industrial Commercial Commissions reorganizational plan that had been discussed earlier this year. Mr. Stock stated that the reorganization hinged on the City' s hiring of additional staff. Chairman Furrie suggested that regardless of the staffing considerations, it might be appropriate for the ICC Committee to review the reorganizational plan and begin thinking of who might serve on the various sub-committees that were discussed at earlier meetings of the Commission. Mr. Stock stated that he would put the ICC reorganizational plan on the October agenda for the Commissions review and comment. Comm. Berens inquired whether or not a development corporation was one of the necessary components of receiving Star City designation. Staff responded in the affirmative. Mr. Berens went on to say that the development corporation had recently sold it ' s last piece of property and that it was time to get some new people involved in the corporation. Chairman Furrie concurred with Mr. Berens remarks and suggested that the development corporation consider some type of stock redemption program this year. Mr. Stock requested Mr. Berens to notify him of the development corporations next meeting so that a City staff representative might attend. On a motion by Jane DuBois, seconded by Tim Keane, the ICC meeting adjourned at 6 : 15 p.m. TENTATIVE AGENDA Downtown Ad Hoc Committee City Hall Council Chambers October 8 , 1986 Chrmn. Laurent Presiding 1. Call to order at 7 : 30 A.M. 2 . Approval of Agenda 3 . Approval of the minutes - October 1, 1986 4 . Downtown Parking Lot Assessment Policy 5. Informational Items: A. Downtown Group Meetings - Final Schedule B. City Hall Siting Committee - Verbal Update C. Merchants Hotel - Verbal Update 6 . Other Business A. B. 7 . Adjourn Barry A. Stock Administrative Aide CITY OF SHAKOPEE IF YOU ARE UNABLE TO ATTEND THE MEETING PLEASE CALL BARRY OR TONI TO LET THEM KNOW l � PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE Shakopee, Minnnesota October 1, 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, Pete Sames, Bill Wermerskirchen and Liaison Jerry Wampach. Absent: Don Martin, Mike Sortum, Dan Steil and Tim Keane. Also present were John Anderson, City Administrator; Dennis Kraft, Community Development Director; Barry Stock, Administrative Aide; Ken Ashfeld, City Engineer, Ray Siebenaler and Beth Moe, Shakopee Valley News. Terry Forbord/Joe Topic moved to approve the agenda. Motion carried. Terry Forbord/Jim Stillman moved to approve the minutes of the September 24 , 1986 meeting. Motion carried. A lengthy discussion was held on defining parking lots and determining a fair and equitable way to assess those lots which are paved and designated for patrons. �- --Prlte native Assessment Strategies were: 1. Maintain status quo 2 . Eliminate assessments for parking lots and spread out over remaining downtown properties. 3 . Reduce assessable percentage on the parking lot area ( from 25% to 15% for example) and spread the difference out over the remaining downtown properties. Parking lot areas to be reviewed on an annual basis during the assessment schedule Staff recommended alternative #3 . Joe Topic asked what would happen if only street rehabilitation costs are assessed with the streetscape assessment spread over the rest of the City. The City Administrator ' s reaction was that if the proposed streetscape improvements bring additional business in, the property owner should pay something for it. The Committee ' s recommendation will still have to go to City Council who might view it differently. Gary Laurent commented that the Committee is making its best effort to make downtown improvements a reality and he recognizes they will have to be flexible. He also requested the Community Development Director to show what effect a 150 assessment would have on a specific piece of property as opposed to 250. The result was that a $19 , 563 . 00 assessment would be reduced to $14 , 672 . 00 . Terry Forbord/Bill Wermerskirchen moved that the Committee table discussion on assessments for patron parking lots and direct staff to create a definition of what constitutes a parking lot in the legal sense. Motion carried. The next item was to consider an assessment policy for buildings unfit for human occupancy. Property falling into this category include the Kallivig House, House of Hoy/Jabberwocky and the Pelham (Merchants) Hotel. The City is presently negotiating on the Hoy property and the Kallevig property which fall into this category. Several assessment strategies were presented. Staff recommended the status quo option because it might give the impression that the City advocates poor property maintenance if an assessment break is given. Ray Siebenaler stated that he had furnished parking for several businesses for many years when he was operating the hotel. Several buyers have looked at the hotel but he has no current prospects. He also stated that several agencies had informed him over the past 25 years that his property would be more valuable if the building was torn down. At that time he was not ready to sell, but now he is. John Anderson left at 8: 30 a.m. Jim Stillman/Pete Sames moved to apply the same assessment criteria for assessing buildings unfit for human occupancy as will be used for assessing vacant lots. The Community Development Director noted that there had been several developers looking at the hotel building but it needs extensive remodeling. He intends to look into the feasibility of re-applying for a block grant. He went on to explain that Shakopee doesn' t have a very good chance because of the strong competition for grant money which has been cut. The question was called on the motion. Motion carried with Wermerskirchen and Forbord opposed. Terry Forbord/Bill Wermerskirchen moved to request the City to look into the feasibility of acquiring Merchants Hotel. Motion carried. Mr. Ashfeld informed the Committee that the 2nd Avenue parking lot should be completed this week with the street lighting elements added later this fall. Small group meetings on the downtown improvement projects have been tentatively rescheduled for Tues. Oct. 14 , Mon. Oct. 20 and Wed. Oct. 22 at 7 p.m. The Downtown Committee ' s next meeting will be held Oct. 8 at 7 : 30 a.m. Mr. Stock presented a Landscape Design Plan for the Stans House in Block 31. It is the intention of the Stans Foundation to cover the total cost of the project. Terry Forbord moved that if the Stans Foundation wants to move forward and implement their plan and use approved streetscape amenities we would eliminate them from the streetscape assessment role. Motion failed. Joe Topic/Bill Wermerskirchen recommended that staff go along with the Stans Foundation project if the project is compatible with our design. Motion carried Discussion followed with the consensus being that if the Stans Foundation proceeds with all the streetscape elements the Downtown Committee would consider excluding this property for streetscape assessment purposes. The City Hall Siting Committee will meet on Monday, October 6th at 6 : 30 p.m. in the Council Chambers and the Downtown Committee is invited to be present. Terry Forbord/Jim Stillman moved to adjourn at 9 : 15 a.m. Darleen Schesso Recording Secretary TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN October 9 , 1986 Chairman Czaja Presiding 1. Roll Call at 7: 30 P.M. 2 . Approval of Agenda 3 . Approval of September 4 , 1986 Minutes 4 . 7 : 30 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to conduct a home occupation selling novelty balloons upon the property located at 737 W. 6th Ave. in a R-2 zoning district. Applicant: Larry Severson Action: Conditional Use Permit Resolution No. 472 5. 7: 40 P.M. PUBLIC HEARING CONTINUED: 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 the B-1 District. Action: Recommendation to City Council 6 . 7: 50 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. Action: Recommendation to City Council 7 . 8 : 00 P.M. PUBLIC HEARING: To consider an amendment to Section 12. 11 of the Subdivision ordinance to amend the P.U.D. regulations. Action: Recommendation to City Council 8 . Discussion: Canterbury Park 2nd Addn. 9 . Informational: a) Appeal of Koehnen C.U.P. to Council b) Annual C.U.P. reviews 10. Other Business 11. Adjourn Judi Simac City Planner CITY OF SHAKOPEE TENTATIVE AGENDA BOARD OF ADJUSTMENT AND APPEALS Regular Session Shakopee, MN October 9 , 1986 Chairman Czaja Presiding 1. Roll Call at 7: 30 P.M. 2 . Approval of Agenda 3 . Approval of September 4 , 1986 Minutes 4. Other Business 5 . Adjourn Judi Simac City Planner CITY OF SHAKOPEE TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 7 , 1986 Mayor Reinke presiding 1] Roll Call at 7 :00 P.M. 2] Recess for H.R.A. meeting 3] Reconvene 4] Reading by Mayor Reinke of City' s Non-Discrimination Policy 5] Liaison Reports from Councilmembers 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 71 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. ) *81 Approval of minutes of September 16th and 23rd, 1986 91 Communications : (Items noted for consent will be received and filed) *a] Ray Siebenaler re : Council vacancy *b] Dolores Morke re : Council vacancy c] League of Mn. Cities Policy Adoption Meeting November 20th *d] Alan E . BreuVkerp�re : Council vacancy 10] Public Hearings: D� : c'e a] 7 : 30 P.M. Continuation of public hearing from September 23rd on the proposed improvements to 13th Avenue from CR-89 to the East corporate limits 1986-9 b] 7 : 30 P.M. Appeal of Planning Commission approval of a conditional use permit for outdoor storage of transportation equipment in the I-1 zone for Les Koehnen at 1803 Eagle Creek Blvd . c] 8 :00 P .M. Hearing to consider the suspension or revocation of beer and liquor licensees not in compliance with the city code 111 Boards and Commissions: None 121 Reports from Staff: [Council will take a 10 minute break around 9 :001 a] Prairie House 1st Addition - Park Dedication b] Canterbury Downs nighttime racing at the track - on table *c] Police Station Roof delete -- d] Cancellation of Tax Increment Financing District No 5 e] Employment Agreement with Administrative Intern f] Status change - Dorothy McPherson *g] Buy-Back of Police Holiday Time *h] Sidewalk maintenance on Marschall Road i] Holmes Street Lateral Project 1986-3 Change Order No . 3 ,zoo-ejgSTuzwpy �4TD uos.zapuV •x uuor 'W' d OO: L Ole 986T ITE, ,zago4o0 `Supsony oq u,anoCpV [ST [p [o [q :ssauzsng ,zag40 EVT L86T uz aTgT40GTTOD `,�naq xes 986T 2�uzno,zddV `fi89Z ' ON ' sGH [� sanssl puog pa40aTas JOJ aozn,zaS ggaQ .zoj x-es V ,,�naZ 04 4oN ,zo4TpnV f,4unoo au4 2uz40aila ` 9892 ' oN 'sa2i [i f,4Tjog4nV 4uawdoTanapa'd pine 2uzsnoH auq fq xes T-ezoadS V jo J�Aaq auk off. 2uzWasuo0 ` gs9Z "ON •saU [a sa2pnr uoz40aTg JO quaw4uzoddV ` Zs9z *ON •0011 [p# TOT HZ uo saoznaQ TOJWO0 ozJ.I-eJs apzno.zd 04 IOQ uW at44 fUT4sanbGd ` T89Z ' oN 'saU [3* sTTOE xes 044 uo UOT40GTTOD JOJ STTT9 )�4TTT4 l a2uuTuJG quanbuzTGG 23UT, ,JT4,za0 `8892 *ON 'sag [q .zanzg GLI4 Jo L14JON UNG aq4 Sq pauMo �gjadojd uo $uzqunH 2uzpieSGE apo0 j�qz0 aq4 2utpuaury `GOZ ' ON -PJO [u : saou-Cuzp. O pu-e suoz4nTosag [£T 88'98T `OST$ 30 4unoum uT sTTTq JO T-eAOjddy [T q-oaCo.zd AUTJGAO anuaAV ggOT [x squawano,zdwl Suzsso,za PuOJTTuU Er :panuT4uoo jje4S wojj s4,zodad [ZT -Z- a8ud 986T ` G jago4o0 YQNHOX HAAIIVINHI TENTATIVE AGENDA Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota Regular Session October 7, 1986 Chairman Wampach presiding: 1. Roll Call at 7 : 00 p.m. 2. Approval of Minutes of September 2, 1986 3 . Set Tax Levy for 1987 4. Decertify Tax Increment District #5 5 . Satisfaction of Mortgage - Lots 8 & 9 , Block 3 Maceys Second Addition 6. Request to Acquire Property (P/O Lot 2 and Lots 3 & 4, Blk 3 , Original Plat - Merchants Hotel) 7 . Other Business 8 . Adjourn Dennis R. Kraft Executive HRA Director f =ROUrsy ,rlr-^. m`�, ,r^T '^ nr."1 DL'T�E7`7T OTDT.y'. m `�Trm,�C mV E .xS O _ "OTT T1 - 117 _ �._. . . _ SPECIAL SLaSIOP., OrZi, I.'1ZESO?'A 2� lo?ti Chairman 'Vampach called the meeting to order a'. 7 :02 p.m. with Comm. Leroux, `y'ierling and Lebens -resent. Also present were John K. Anderson, City Administrator; Dennis Kraft, executive Director; Julius A. Coller TI, City Attorney; Ken Ashfeld, Cita Engineer; Judi Simac, City Planner; Judith �D . Cox, City Clerk ;` and Tv'ayor Reinke . i,eroux/Lebens moved to accept Special Session call . Aotion carried unanimously. Vierling/Leroux moved to approve the minutes of August 19, 1986. Yotion carried with Corin. Lebens abstaining. Leroux/i,Tierling offered Resolution No . 86-10, a Resolution of the Board of Commissigners of the Shakopee HRA Adopting a Set of Property Acquisition Policies and Procedures and move its adoption. Roll. Call : Ayes : Comm. �Jampach, Leroux, Vierli ng P'oes : Comm. Lebens 1: otion carried. Discussion ensued on the acquisition of the Herrgott Property, located at 111 E. 1st Avenue . It was the consensus of the Commission that at this time purchase of the Herrgott property is not warranted. Leroux/Lebens moved to respectfully inform Vs . Herr-ott that the City is not interested in acquiring her property at this time . Motion carried unanimously. Lebens/Leroux moved to adjourn to September 16, 1986. Motion carried unanimously. Carol L. Schultz Recording Secretary �3 MEMO TO: Shakopee HRA FROM: Dennis R. Kraft, Executive Director RE: 1987 Tax Levy Resolution DATE: October 2 , 1986 Introduction and Background: Attached is Resolution Number 86-11 which requests the Shakopee City Council to consent to the tax levy for the HRA. The levy is the one third of a mill allowed which is estimated at $25 , 000 . Alternatives: 1. Approve resolution number 86-11. 2 . Do not approve resolution number 86-11. Recommendation: Alternative number 1. Action Requested: Offer Resolution Number 86-11. RESOLUTION NO. 86-11 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as a taxing district for the prupose of levying and collecting a special benefit tax, and WHEREAS, Section 462.462.545 states that the special levy shall not exceed 10 cents on each $100 of taxable valuation in the area of operation, and WHEREAS, MSA 273.1102 states that any tax rate shall not exceed 33.33 percent of such maximum tax rate specified by law or charter. WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVLOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Housing and Redevelopment Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $25,000 payable 1987 by the Housing and Redevlopment Authority in and for the City of Shakopee. Adopted in session of the Shakopee Housing and Redevelopment Authority of the City of Shakopee, Minnesota, held this day of 1986. Chairman ATTEST: Executive Director Approved as to form this day of 1986. City Attorney MEMO TO: Shakopee Housing and Redevelopment Alun hority (HRA) ] FROM: Dennis R. Kraft, Executive Director a� RE. Termination and Decertification of Tax Increment Financing District Number 5 Within Minnesota River Valley Housing and Redevelopment Project Number 1 DATE: October 3 , 1986 i Introduction• The purpose of this resolution is to decertify and terminate Tax Increment Financing District Number 5 . Background: The HRA established Tax Increment Financing District Number 5 on August 7, 1984. Since that date, Tax Increment District Number 5 has not generated any tax-increment income and it is not anticipated to do so in the foreseeable future. It is therefore, prudent, at this time for the HRA to take the necessary steps to terminate and decertify Tax Increment Financing District Number 5 . Alternatives: 1. Approve the attached resolution. 2 . Do not approve the attached resolution. Recommendation: It is recommended that the attached resolution be adopted. Requested Action: Move to adopt Resolution # 86-12 which will terminate and decertify Tax Increment Financing District Number 5 . Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota RESOLUTION NO. 86-12 Resolution Terminating and Decertifying Tax Increment Financing District No. 5 Within Minnesota River Valley Housing and Redevelopment Project No. 1 IT IS HEREBY RESOLVED by the Board of Commissioners (the "Board" ) of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "HRA" ) , as follows : 1. Recitals. (a ) On August 7 , 1984 , the HRA' s Tax Increment Financing District No. 5 was approved and established within the HRA' s Minnesota River Valley Housing and Redevelopment Project No. 1. (b) The HRA' s redevelopment objectives pursuant to which the HRA established Tax Increment Financing District No. 5 , as amended, have been met or amended. ( c ) Due to change in use of the property within Tax Increment Financing District No. 5 or other factors , Tax Increment Financing District No. 5 has to date generated no tax increment income to the HRA and is not expected to in the future. (d) The Board finds that it would be in the best interest of the HRA to terminate and decertify Tax Increment District No. 5 . 2 . Termination of Tax Increment Financing District No. 5 . Pursuant to Minnesota Statutes, Sections 273 . 71 through 273 . 78 , hereby terminates the HRA' s Tax Increment Financing District No. 5 within the HRA' s Housing and Redevelopment Project No. 1 , effective on this 7th day of October, 1986 . The officers of the HRA are hereby authorized and directed to forward a certified copy of this resolution to the Scott County Auditor together with a written request that the Scott County Auditor terminate and decertify Tax Increment Financing District No. 5 in the books and records of the County in accordance with this resolution. Further, the officers of the HRA and the HRA' s special redevelopment counsel, O ' Connor & Hannan, are authorized and directed, in accordance to this resolution, to make necessary and appropriate deletions and amendments to the HRA' s Modified Housing and Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No. 1 , as amended 'and restated on June 3 , 1986 . Adopted this 7th day of October, 1986 . CERTIFICATE OF EXECUTIVE DIRECTOR TbP undersigned,, being the duly appointed and acting Executive Director of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "HRA" ) , hereby certifies that the foregoing is a true and correct copy of a resolution duly adopted by the Board of Commissioners of the Authority at a duly called and regularly held special or regular meeting thereof, at which a quorum was present and voting through- out, on October 7 , 1986 . WITNESS my hand as such Executive Director this day of October, 1986 . Executive Director Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota *s MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Barry A. Stock, Administrative Aide RE: Satisfaction of Mortgage for Lots 8 & 9 , Block 3 Macey' s Second Addition DATE: September 29 , 1986 Introduction: In the Fourth and Minnesota Neighborhood Revitalization Project the HRA provided lots to lower-income families conditioned on those families continuing to reside in the homes purchased for at least five years. Residence for a shorter period would require prorata repayment of the lot value. Background: Gene and Barbara Potthier of Lot 8, Block 3 , Macey' s Second Addition and Dean and Ingeborg Brunkow of Lot 9 , Block 3 , Macey' s Second Addition have met the five year requirement of the promissory notes that were executed September 29, 1981. Requested Action: To authorize appropriate HRA officials to execute and deliver Satisfaction of Mortgages to Gene and Barbara Potthier for the property located on Lot 8, Block 3 , Macey' s Second Addition and to Dean and Ingeborg Brunkow for the property located on Lot 9 , Block 3 , Macey' s Second Addition. #( MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Barry A. Stock, Administrative Aide RE: Acquisition of the Merchants Hotel - 221 E. Second Ave. DATE: October 2, 1986 Introduction• Mr. Ray Siebenaler, owner of the Merchants Hotel has approached the Downtown Committee and has indicated his interest in the City' s acquisition of his property. Background: On July 31, 1985 an inspection of the Merchants Hotel was conducted by the Shakopee Building Inspector, Minnesota Division of Hotels and Motels and the Shakopee Police Department. During this inspection numerous fire code, electrical code, building code and hotel statute violations were discovered. As a result of this inspection, the property was declared unfit for human occupancy on August 1, 1985. Since that time the property has been vacant. On October 1, 1986, Mr. Siebenaler appeared before the Downtown Committee to question what the City' s intentions were in regard to his property. At that time, Mr. Siebenaler was informed by City staff that the City did not have any plans for his property, but that if he was interested in selling the property to the City, the City may be interested in acquiring it. Mr. Siebenaler responded that at this time the property was a financial burden to him and he was interested in selling it to the City if they were interested. The Downtown Committee then moved to recommend to the Shakopee Housing and Redevelopment Authority that an appraisal be ordered on the Merchant Hotel property. The consensus of the Downtown Committee Members present at the meeting was that the ultimate purpose for this property would be additional parking space. This would call for the demolition of the property by either the property owner or the City of Shakopee. The Merchants Hotel is currently listed on the National Register of Historical places and as such could be demolished by the property owner or the City. Estimated demolition cost for this property range from between $45 ,000 to $60 ,000 . Mr. Siebenaler informed the committee that he has had his property listed for two years and several potential developers have expressed interest in the rehabilitation of the structure. However, most of these proposals have fallen through because the rehabilitation costs estimates have been very high. The Shakopee Building Inspector estimates that it would cost between $225,000 and $275 ,000 to simply bring the building up to code. Funding for the acquisition of the property in question could come from two sources. First, the HRA fund balance presently amounts to approximately $150 , 000. These dollars could be used for a portion of the acquisition costs. A second source of funding would be tax increment financing. The estimated appraisal cost for this piece of property is $2, 000 . If the HRA feels that there would be a benefit to the City from acquiring the property in question, it would be appropriate at this time to authorize the appropriate city officials to order an appraisal. Alternatives: 1. Move to order an appraisal of the property known as the Merchants Hotel at a cost not to exceed $2 , 000. 2. Do not order an appraisal of the property and respectfully inform Mr. Siebenaler that the City is not interested in acquiring his property at this time. Staff Recommendation: Staff recommends alternative #1. Action Requested: Move to order an appraisal of the property known as the Merchants Hotel at a cost not to exceed $2, 000. Funds for said appraisal to be allocated from the HRA reserve fund. OFFICIAL PROCEEDINGS OF 7M, CITY COUNCIL jay AAT: REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 16, 1986 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Leroux, Lebens, Vierling and Wampach present. Also present were John K. Anderson, City Administrator; Ken Ashfeld, City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Dennis Kraft, Community Development Director; and Julius A. Coller II, City Attorney. Liaison Reports were given by councilmembers. Cncl. Leroux said that he attended the Shakopee Community Services Board meeting and said there seems to be a problem with pull tabs in certain liquor establishments. 'There was discussion on the possibility of adding to the City ordinances statements regarding violations of the gambling ordinances. Leroux/Vierling moved to include this item under other business on the agenda. Motion carried unanimously. Wampach/Vierling moved to approve the minutes of August 26, 1986. Motion carried with Cncl. Lebens abstaining. Leroux/Vierling moved to approve the minutes of September 2 and September 9, 1986. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Vierling moved to receive and place on file the letter from Mark A. Kuechenmeister, resigning from the Downtown Committee. Motion carried unanimously. The City Administrator introduced Mr. Steve Stolen from Bellevue, Nebraska, he is the new Zylstra-United Cable Manager. The City Administrator reviewed the revised budget which reflects an estimate of income and expenses for the first year of a Lodging Tax which would finance construction and operation of a Visitor Center. Mr. Murray Williamson, General Partner of the Shakopee Super 8 Motel wrote a letter to the City Council stating his concern on being able to adjust his fees>to take into account the imposition of a 3 percent tax. Leroux/Wampach moved to direct the letter from Murray Williamson back to Mr. Meers to meet with staff and discuss the trepidations of Mr. Williamson. Motion carried unanimously. Leroux/Vierling moved to extend the approval of the final plat of GardenVilla 1st Addition 180 days or until March 19, 1987 and move its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Lebens/Leroux moved to reimburse Mr. Leo McGovern the amount of $300.00 for damage to his house during blasting operations during the 1980 Holmes Street Trunk Storm Sewer Project, because this predates the current claims policy. Roll Call: Ayes: Unanimous Noes: None Motion carried City Council September 16, 1986 Page -2- Leroux/Vierling moved to declare 57 bicycles as abandoned property to be sold at auction. Roll Call : Ayes : Unanimous Noes : None Motion carried. Leroux/Vierling moved that the Downtown parking plan dated September 16, 1986 , as submitted be approved and implemented as soon as possible. (Doc. No. cc-124) . Roll Call : Ayes : Unanimous Noes : None Motion carried. Discussion ensued on Shakopee Community Access Corporation By-Laws and public access policies . Cncl . Leroux said that he feels adver- tising should not be allowed on Channel 3. Potential FCC conflicts may arise from policy Number Ten, Alpha-Numeric Advertising, and approval of the By-Laws should be held up until we get turther clarification from the Cable Communications Advisory Commission. Leroux/Vierling moved to send the Shakopee Public Access Policies and the Community Access Corporation By-Laws to Cable Communications Advisory Commission. Motion carried unanimously. Leroux/Vierling moved to approve Change Order No. 2 for the 1986-1 Holmes Street Lateral Storm Sewer Project with an amendment extending the completion date to October 1, 1986 . Motion carried with Cncl . Lebens opposed. Leroux/Vierling moved to approve the payment of $500.00 to the initial operating fund of the Shakopee Water Management Organization, such payment to be funded by the Storm Sewer Fund. Roll Call : Ayes : Unanimous Noes : None Motion carried. Leroux/Vierling moved to approve the payment of $200.00 to the initial operating fund of the Sand Creek Water Management Organization, such payment to be funded by the Storm Sewer Fund. Roll Call : Ayes : Unanimous Noes : None Motion carried. Ken Ashfeld said that the bids for prefabricated rubber crossing material to be installed by Chicago Northwestern Railroad (CNR) on crossings from Spencer Street to Atwood Street have been received and prices are favorable. The CNR has not yet committed themselves to the completion of the work so awardal of the contract will be delayed until such commitment is received. Discussion ensued on MNDOTs response to various proposals submitted to them last spring on Trunk Highway 169/101 Interim Intersection Improvements . It was suggested to prohibit westbound 101 to southbound Holmes Street turning movements from 6 :00 a.m. to 8: 00 a.m. and 3 :00 p.m. to 6 :00 p.m. Monday through Friday. Further discussion ensued on dis- allowing left turns all the time to enable traffic to move faster and smoother. Wampach/Vierling moved to direct staff to draft a resolution requsting Mn/DOT to prohibit westbound T.H. 101 to southbound Holmes Street turning movements from 6 :00 a.m. to 8 :00 a.m. and 3 :00 p.m. to 6 :00 p.m. , Monday through Friday. City Council S' September 16, 1986 Page -3- Leroux/Vierling moved to amend the main motion to read prohibit west- bound T.H. 101 to southbound Holmes Street turning movements at all times . Motion carried with Cncl . Wampach opposed. Motion carried unanimously on amended main motion. Leroux/Wampach moved to table the request to Mn/DOT to install the necessary directional signage and pavement striping to facilitate a double left turn from southbound TH to eastbound TH 101 , and also the request to prohibit parking from 50 feet along the south side of TH 101 east -of Holmes Street. Motion carried unanimously. Lebens/Vierling moved to direct staff to install a stop sign as Berg Drive intersects with Hauer Trail . Motion carried unanimously. Vierling/Leroux moved to direct staff to prohibit parking on Hauer Trail on the south side from Park Ridge Drive to Jasper Road. Motion carried unanimously. Wampach/Vierling moved to direct staff to install an advisory curve sign on Hauer Trail. Motion carried unanimously. Leroux/Vierling moved to direct the appropriate City Officials to draft a letter to Thomas J. Lannon, Deputy Auditor Scott County, indicating that the Cicy of Shakopee is interested in acquiring the tax forfeited parcel of Norton Drive located in Deerview Acres (outlot "A") . Roll Call : Ayes : Unanimous Noes : None Motion carried. Dave Mac Gillivary of Springstead Inc. addressed the council asking for consideration of a resolution providing for the sale of a $480,000 general obligation improvement refunding bonds . Discussion ensued on refunding the 1981A Improvement Bond Issue. Leroux/Wampach offered Resolution No. 2620, A Resolution Providing for the Sale of $480,000 General Obligation Improvements Refunding Bonds , Series 1986A, and moved its adoption (per exhibit C, page 2 of 3 of their recommendation dated September 12, 1986. ) Motion carried. Roll Call : Ayes : Unanimous Noes : None p Vierling/Leroux moved to approve the bills in the amount of $702,720.44. Roll Call : Ayes : Unanimous Noes : None Motion carried. Gary Laurent said that the Downtown committe has been obtaining sig- natures from property owners for the proposed downtown streetscape prject. This allows for a feasibility study to be done. Mr. Laurent explained that all the people who signed the petition do not understand what will be proposed but that they are interested in learning what will be proposed. He explained that there are some misconception' s about the downtown paying for the bridge and that some property owners would like to see efforts made to improve the downtown. Apparently the Downtown Committe needs to have more small informational meetings to inform the public. He submitted the petition signed by property owners to the Council . City Council September 16, 1986 Page -4- Butch Noterman, one of the property owners stated that his concern is that he will be responsible for the assessments and he questioned the fact that this petition is for a feasibility study only. He stated that there will be some people who will be requesting that their name$=_be removed from this petition. The City Administrator said that the legal process is that first you order the feasibility report and then hold a public hearing on the assessments . Mr. Perry stated that if people had been advised of the cost up front, they would not have signed the petition. Cal Brown stated that the petition was presented as requesting study only, he didn' t know he 'd have an assessment of $8 ,000.00. Gene Pearson Florists , stated that he was not informed about the cost to his property. He believes the concept is good and something should be done but maybe the City could look into putting this project on a general levy basis if it improves the whole town. Discussion continued on financing alternatives, assessing, ad valorem, and Tax Increment Financing from the racetrack and K-Mart T. I .F districts. Leroux/Vierling moved to approve Resolution #2610, declaring adequacy of petition and ordering preparation of report on the Downtown Street- scape Improvement Project, with the addition of a 3rd paragraph for the Finance Department to research alternative methods of financing for preparation of a feasibility report, and moved its adoption. Leroux/Wampach moved to table the resolution. Motion carried unanimously. Vierling/Leroux moved to accept the petition as presented to the Council at this time, and declare its adequacy. Motion carried unanimously. Leroux asked if anyone from the audience who signed the petition would like to retract his -name at this time. There were none. Leroux/Wampach moved to remove Resolution #2610 from the table. Motion carried unanimously. Upon question of the Chair, "Shall Resolution No. 26105 now pass?" Roll Call : Ayes : Cncl . Leroux, Wampach, Vierling and Mayor Reinke Noes : Cncl . Lebens Motion carried. Leroux/Wampach moved for a 10 minute recess at 9 :57 P.M. Motion carried unanimously. Leroux/Vierling moved to reconvene at 10: 12 P.M. Motion carried un- animously. Vierling/Leroux moved to direct appropriate City officials to contact Waste Management giving them permission to contact property owners in the Montecito Heights area and adjacent Eagle Creek Boulevard area to place them under the City' s refuse contract, and to follow-up in 6 months with those not using the City contact to see if they would then be willing to change. Motion carried unanimously. City Council September 16 , 1986 Page -5- The City Engineer reviewed the 4th Avenue Streetscape report. He said that the imformation in this report will also be reviewed during the public hearing on September 23 , 1986. Wampach/Vierling moved to accept the feasibility report on the Fourth Avenue Streetscape from Holmes to Scott. Motion carried unanimously. Leroux Vierling offered Resolution No. 2617 , A Resclutior, of Appreciation to lion McNeil and moved its adoption. Motion carried unanimously. Leroux/Vierling offered Resolution No. 2622 , A Resolution Declaring a Vacancy on the 8hakcpee City Council , and moved its adoption. Roll Call : Ayes : Unanimous Noes : None Motion carried. Leroux/Vierling offered Resoluticn No. 2618, a Resolution apportioning assessment among new parcels created as a result of the subdivision of Land Parcel No. 27-909011-0, and moved its adoption. Roll Call : Ayes : Unanimous Noes : None Motion carried. Leroux/Virling offered Resolution No. 2619, a Resolution apportioning assessment among new parcels created as a result of the subdivision of Land Parcel No. 27-114-004-0, and moved its adoption. Roll Call : Ayes : Unanimous Noes : None Motion carried. Leroux/Vierling offered Resolution No. 2616 , A Resolution Designating Commissioner and Alternate Commissioner to the Shakopee Basin Water- shed and moved its adaption. . Roll Call : Ayes : Unanimous Noes : None Motion carried. Leroux/Vierling offered Resolution No. 2614, A Resolution amending Resolution: No. 2457 adopting the 1986 Budget, and moved its adoption. Roll Call : Ayes : Unanimous . Noes : None Motion carried. Discussion continued on the possible violations of the city code re- lating to gambling. Leroux/Lebens moved to refer this matter back to staff for researching amending the city code to provide the revocation-,°-suspension and/or non-renewal of liquor licenses in the City of Shakopee upon the conviction of a violation of the charitable gambling laws . Motion carried unanimously. Leroux/Vierling moved to direct staff to include Scott County ' s assess- ment for the 1986-3 Fourth Avenue Reconstruction Project in their County aid to the project, amounting to $219,964.14. Roll Call : Ayes : Unanimous Noes : None Motion carried. Wampach !Lebens moved to authorize the appropriate City Officials to enter into Agreement No. 8605 between Scott County and the City of Shakopee for the County State-Aid Cost sharing of the 1986-3 Fourth Avenue Reconstruction Project. Doll Call : Ayes : Unanimous Noes : None Motion carried. City Council September 16, 1986 Page -6- The Finance Director reviewed the budget information regarding ways to use the tax increment monies to reduce the tax burden on the General Fund for 1987 . The City Administrator said that the Hardrive Case is coming to Court on October 2 . Discussion ensued on the possibility of having engineers testify as expert witnesses . Leroux/Vierling moved to authorize up to $100 per hour with a four hour minimum for courtroom testimony and an $85 dollar per hour preparation time for use of engineers as expert witnesses . Roll Call : Ayes : Unanimous Noes : None Motion carried. Lebens/Leroux moved to adjourn. Motion carried unanimously. Meeting adjourned at 11 :07 p.m. Judith S. Cox City Clerk Carol Schultz Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMEER 23 , 1986 Mayor Reinke called the meeting to order at 7 : 00 p .m. with Cncl . Lebens , Vierling , Wampach and Leroux: present . Also present were Judith S . Cox , City Clerk; John K . Anderson , City Administrator ; Ken Ashfeld , City Engineer ; and Julius A. Coller , City Attorney . Mayor Reinke asked if there was anyone in the audience who wished to speak on anything not on the agenda. Glen Steir , 15736 Red Brickyard Rd , Shakopee , said he was going to buy a home on the corner of 10th and VanBuren and would like to build a garage on the lot . Ile asked for permission to have a curb cut off 10th Avenue for his driveway . Cncl . Leroux stated that in the past requests for curb cuts off of 10th Avenue have been denied because the City is trying to cut down the number of entrances unto 10th Avenue . E Leroux/Lebens moved to deny the request of Mr . Steir to have a curb cut off of 10th Avenue . Motion carried unanimously. Lebens /Vierling moved to receive and file the Action Alert Memo from Ann Higgins , League of Minnesota Cities re : Support for compromise amendments on stormwater discharge permits in conference committee ori reauthorization of federal clean water act . Roll ' Call : Ayes : Unanimous Noes : None Motion carried . Leroux/Lebens moved to open the public hearing on proposed assessment for the Timber Trails Street Rehabilitation 86-5 , Resolution No . 2628 . Motion carried unanimously . The City Engineer stated that there are 44 benefitted lots in the pro- ject and the assessed cost per lot is $649 . 66 per lot . Mr . Elmer Marschall , owner of Parcel No . 27-919-014-0 asked how the City Engineer derived 6 lots on that parcel and thought it was high . The City Engineer replied that they estimated , using the subdivision laws , that six lots to be 2Z acres in size could be created abutting Lakeview Drive . Leroux/Vierling moved to close the public hearing . Motion carried unanimously . i Leroux/Vierling offered Resolution No . 2628 , A Resolution Adopting Assessments Project No . 1986-5 , Timber Trails Street Rehabilitation and moved its adoption . Mr . Elmer Marschall asked if there was a possibility to have the assess- ment deferred until such time as the parcel is platted into the 6 lots . Discussion ensued on when the assessments become payable , the City Administrator reviewed the payment policy stating that if the assess- ment is paid within 30 days from adoption of this resolution there will be no interest charged . City Council September 23 , 1986 Page -2- Leroux/Vierling moved to amend Resolution 42628 to defer the assess- ment on parcel 27-919014-0 registered to Daniel J . O ' Connor of Prior Lake in the amount of $3 , 897 . 98 for a period of 5 years or until such time as it is platted whichever comes first , with interest accruing during this period . Motion carried unanimously . Lebens/Vierling moved to amend Section 2 of the Resolution to read December 31 , 1987 instead of 1986 . Motion carried unanimously . Roll Call on Resolution No . 2628 as amended : Ayes : Unanimous Noes : None Motion carried . Lebens/Vierling moved to open the public hearing on proposed assess- ment for 4th Avenue Reconstruction from fillmore Street to Scott Street , 8603 , Resolution No . 2627 . Motion carried unanimously . The City Engineer said that the proposed assessment costs are $98 , 033 . 13 . The assessments are for all front footage from Fillmore Street to Scott Street , which derives a cost of $24 . 25 per front foot cost . The sanitary sewer service rehabilitation cost is $733 . 60 per lot . He stated that a letter was received from Arlene and Stanley Stejskal regarding their property at 326 Fillmore , in referring to this lot there is a question as to whether or not the vacated railroad property abutting 4th Avenue belongs to the Stejskals or the railroad . Cncl . Leroux asked about the discrepancy of the assessments for St . Marks. Church and St . Francis Hospital . The City Engineer stated that the St . Francis Hospital received a credit of $ 1 , 148 . 40 for the sidewalk that will be left in place . Rodney D . Clemens , 402 E . 4th Avenue , asked if the sidewalk would be attached to the road or if it will be left where it was . The City Engineer stated that it will be left where it was and the entire boulevard will be regraded to accomodate the grade changes . He stated there is only one retaining wall proposed to go in and that is on the s o u t h s i d e o f Fourth Avenue between' Lewis and Sommerville. Audrey Monnens , 338 E . 4th Avenue , stated she has a problem with the 9 inch slope on her lawn . The City Engineer said there is no retaining wall proposed for that area but that the Inspectors and Engineer will take a look at the property . Ray Siebenaler , 119 W. 4th Avenue stated that he was told he was only being assessed for the new sewer to his home and the project would not cost anything. The City Engineer said that there must have been a misunderstanding and that the original project hearing that was held last spring did not portray that statement . Mr . Siebenaler asked why the assessments are not being deferred for this project . The City Engineer said that the project is being assessed in con- formance with the City ' s overall rehabilitation policy stating that 25% of the project cost will be assessed to the abutting benefitted properties . City Council U September 23 , 1986 Page -3- Mrs . Nagel , 137 W. 4th asked why they are being assessed now when the project is not completed . The Mayor answered that if it is not assessed now and certified with the County by October 10 , 1986 there would be another year of interest added on . Laura Lebens , 211 W. 4th Avenue , asked how many bids besides Hentges were taken for the project , and why was Hentges chosen . The Mayor replied that by State law the City is required to take the lowest bidder . The City Engineer said that there were four bidders , and that the west side should be completed by the middle of October . Discussion ensued on the traffic along 4th Avenue . Ethel Hirscher , 329 E . 4th Avenue asked if all the sidewalks were going to be replaced . The City Engineer replied that all of the side- walks will be replaced . Frank F . Schneider , 127 W. 4th Avenue expressed concern over the re- placement of the sanitary sewer tiles and the techniques used to evaluate their condition . The City Engineer said that the best way is to use the lamping method using a mirror and a light . Richard Nead , 303 E . 4th Avenue asked if he would be charged again for the streetscape on sommerville curbing . The City Engineer replied that he would not be charged again. It was asked if there was a chance that the sanitary sewer in a manhole for the storm sewer might freeze and break. The City Engineer replied that there is no chance of it breaking , there is actually heat inside the pipes . He also stated that the sanitary sewer was temporary and could be removed with another project . Frank Schneider , 127 W. 4th Avenue said there is no storm sewer on his block . The City Engineer said there is only curb and getter , streets and surfacing assessed on this project . Tom Phillips , 969 Holmes , asked what will happen to his sidewalk and will they move the pole in the middle of the sidewalk on 4th and Fuller . The Mayor said that it was an agreement with the Shakopee Public Utilities . The City Engineer said he will follow up with SPUC on the pole location and whether or not it needs to be relocated . Cncl . Leroux asked about the handicapped accessability - in the parking lot and driveway between the courthouse and the hospital . The City Engineer said that the driveway out of the parking lot will be re- placed to taper off for handicapped accessibility . Thomas Phillips asked about the liability and where it falls if some- one were to slip on a ramp . Dean Walden , corner of 3rd and Fuller asked when his corner will be repaired because it is torn up right now. The Mayor replied that they just started doing some asphalt work in that particular area, the rain has delayed the project . Cncl . Lebens said that Mr . Walden would be getting the new curb that will be put in the downtown area, He will get a temporary tarvia curb right now. i City Council September 23 , 1986 Page -4- The question was raised as to what the utility bill is for that comes every 3 months . The City Engineer said that it is a method that the city adopted to finance storm sewer projects . The storm sewer that is going in now is not being assessed to the homeowners but is in the form of a utility bill to all the people who benefit from this new storm sewer . Mayor Reinke asked if there was anyone else from the audience who wished to address this issue . There was no response . Wampach/Vierling moved to close the public hearing . Motion carried unanimously . Leroux/Vierling moved that when Resolution No . 2627 is offered that the Stejskal parcel Number 27001379-0 be removed from the assessment roll-. . Motion carried unanimously . Leroux/Vierling offered Resolution 42627 , a Resolution Adopting Assess- ments for Project 1986-3 , Fourth Avenue Reconstruction from Fillmore Street to Scott Street , and moved its adoption with the date change in Section 2 amended to read December 31 , 1987 . Roll Call : Ayes : Cncl . Leroux, Vierling , Wampach and Mayor Reinke Noes : Cncl . Lebens Motion carried . The City Administrator explained the payment policies and that the assessments can be paid by two alternatives . The first is that the total assessment can be paid within 30 days from tonight without any interest being charged , the second alternative is to pay it over a 10 year period with two payments each year along with property taxes . Leroux/Wampach moved for a 10 minute recess at 9 : 12 P .M. Motion carried unanimously. Vierling/Wampach moved to reconvene at 9 : 27 P .M. Motion carried un- animously . Wampach/Leroux moved to open public hearing on proposed improvements to 13th Avenue from CR 89 to the East corporate limits 86-9 , Res . No . 2625 . Motion carried unanimously . The City Engineer stated that the proposed improvements are to grade that particular roadway and to install a normal urban curb and gutter street with bituminous paving . The estimated cost of the project is $246 , 147 . 00 . 82% of the project cost will be assessed to the abutting property owners , the other 18% will be picked up by city funds and state aid because it is 8 ' wider than a normal 36 ' wide street . This public hearing will be continued to October 7 , 1986 , in order to give proper notice to the owner of Tract Q . Mayor Reinke asked if there was anyone from the audience who wished to address this issue . City Council September 23 , 1986 Page -5- Robert Stewart , owner of lots 22 , 24-27 said that it was his impres- sion that the lots were zoned light industrial . He asked why 13th Avenue needs to be upgraded . The City Administrator said that the City maintenance department has had complaints on the dust level . There is more traffic in that area and it has been moving forward on the 5 year plan . Discussion ensued on the traffic and the speeds on 13th Avenue . Jack VanRemortal , said that over the past few years the Chicago-North- west switch area has gotten busy and almost unbearable for any business sines this of tracks to get to 101 and they will be supporting project . The City Engineer stated that lots 24-27 will be receiving .a frontagll improvement just as the lots that are abutting the prof Y wi be paying to have it brought from a residential street to an industrial street . Wayne Lundgren said that he has 60 feet abutting Maras Street . Dan Cheeever , 9040 13th Avenue, Lot 20 , asked what his cost was going to be . The City E.-gineer explained the alternative that has been discussed the most being $2 , 854 . 00 , which also includes storm sewer . Terry Rice raised a concern over the speed limit on that road , and the possi-ble need for some speed enforcement . Discussion ensued on the possibility of leaving the street as it is now ' and just upgrading it . Lebens/Vierling moved to continue the public hearing to October 7, 1986, at 7:30 p.m. Motion carried unanimously. Wampach/Vierling moved the public Streethearing Scotproposed st86e3scape improvements to 4th Avenue from Holmes Resolution No. 2626. Motion Carried unanimously. The City Engineer reviewed the proposed streetscape improvements to n bth sides of the 4th Avenue from Holmes imrovementstwillScott consistStreet o of adding brick p street . , Proposed p accentuation " to the sidewalk and benches along the sidewalk area and constructing a high and low level lighting system. The cost ranges from $132 , 000 - $233 , 400 . Mayor Reinke said that since this was initiated by the City this project will take 5 /6 of this council to do this public improve- ment project . Cncl . Lebens and Wampach spoke against the project . The City Administrator said that he received a letter today from the County on this project indicating that they prefer the project not go forward until after the downtown project has been finalized . Father Hazel , St Mark ' s , said he had a letter to read into the record but saw no need to do so now. Wampach/Leroux moved to close the public hearing . Motion carried un- animously . City Council September 23, 1986 Page -6- Leroux/Vierling offered Resolution No . 2626 , A Resolution Ordering an Improvement and Preparation of Plans and Specifications for 4th Avenue Streetscape , Project No . 1986-3 . Motion failed with all opposed . Leroux/Vierling moved to open public hearing on proposed improvements to Valley Park Drive from T.H. 101 north approximately 350 feet and improvements to the frontage road north of Hwy 101 from Valley Park Drive west to the Peavey Road 86-11 , Resolution No . 2629 . Motion carried unanimously. The City Administrator said that the key reason this is being considered is for the Prairie House Addition development . The terms of what the final cost will be for the right-of-way are yet to be determined . The City Engineer said he talked with Chuck Weichselbaum, District State Aid Engineer about the possibility of a cost sharing agreement with Mn/DOT and he indicated that it could possibly be a candidate project and he plans to submit it as a project in May 1987 . Tom Lyons , Prairie House , stated that they petitioned to have the inter- section regraded and their service road attached to the intersection. They should have all the documents , performance bond , maintenance bond to the City by Monday and hope to be under construction by October 1 , 1986 . Larry Griffith, spoke on behalf of Valley Fair , stating that the least objectionable alternative in the feasibility report is alternative number 1 , Valley Park Drive North 350 ' ; however they like the developed area as it is . he explained that the damages maybe more than estimated so far . Kurt Carlson , Peavey , said that this proposal does not affect their property very much and they have no objections . Tom Lyons asked that the condemmation settlement between the City and Valley Fair be as reasonable as possible because it will be assessed over a number of years . Discussion ensued on the different alternatives that may become avail- able in the future in regards to extending the service road . The City Administrator explained that if a service road were constructed and connected to Valley Park Drive North in the future a system benefit assessment for this intersection could be assessed to Valley Fair and others , and a reassessment reimbursement could be given to Prairie House . Lebens/Vierling moved to close the public hearing. Motion carried unanimously. Leroux/Vierling offered Resolution No . 2629, A Resolution Ordering an Improvement and Preparation of Plans and specifications for Valley Park Drive from T .H. 101 to the North Approximately 350 feet , project 1986-11 , and moved its adoption. Roll Call : Ayes : Unanimous Noes : None Motion carried . City Council S _ptember 23 , 1986 Page -7- Lebens /Vierling moved to authorize release of the developer ' s agreement for Hauer ' s 3rd Addition conditioned upon execution and recording of a petition and waiver of assessments for 13th Avenue sidewalk and street construction along the North side of 13th. Avenue` and a park- dedication agreement. . _. Rall Call : Ayes : Unanimous Noes : None Motion carried . Leroux/Vierling moved to approve the commission of Westwood Planning and Engineering to complete the feasibility study and report for the Downtown Streetscape Improvement Project at a cost not to exceed $5 , 000 . 00 . Roll Call : Ayes : Unanimous Noes : None Motion carried Lebens/Vierling offered Resolution No . 2623 , A Resolution Amending Resolution 2623 Adopting the 1986 Pay Schedule and moved its adoption . Roll Call : Ayes : Unanimous Noes : None Motion carried . Lebens/Vierling offered Resolution No . 2624 , A Resolution Authorizing the Disposal of Unclaimed property, and moved its adoption . Roll Call : Ayes : Unanimous Noes : None Motion carried . Discussion on the 1987 budget will be held on September 30 , 1986 , at 7 : 00 p .m. Leroux/Lebens moved to draft a check for $2 , 000 . 00 to Wangerin Inc . a n d Robert Roos f o r settlement i n the. Wangerin lawsuit. Roll Call : Ayes : Unanimous Noes : None Motion carried . Vierling/Leroux moved to adjourn to September 30 , 1986 , at 7 : 00 p .m. Motion carried unanimously . Meeting adjourned at 11 : 45 p .m. Judith S . Cox City Clerk Carol Schultz Recording Secretary September 16, 1986 1 i Z9g6 TO: Mayor and Members of the City Council FROM: Ray Siebenaler RE: City Council Vacancy 1 am submitting my name to fill the vacancy on the City Council. The following is a resume' of the various positions I have been active in over a period of years: 1. Eight years as Mayor of Shakopee ' 2. Ten Years on the City Council of Shakopee 3. Chairman of the Holmes Street Ad-Hoc Committee 4. Two years as a member of the Metro Waste Commission 5. Appointed a Commissioner on condemnation for Scott County 6. Member of the Scott County Human Services Board I would very much appreciate your support. Sincerely, Ray Siebenaler 119 West Fourth Avenue Shakopee, Minnesota 55379 Sept. 12 , 1986 Honorable Eldon Reinke � �, Mayor of City of Shakopee 129 lst Ave . E. EP 1 5196 Shakopee , Minnesota 55379 S Dear Mayor Reinke , C`;Y OF Please accept this letter introduction as my applica- tion to fill the vacancy of City Council Member. Dean Colligan. My husband, Gary, and I have lived in the city of Shako- pee for 10 years . We have three children, Bob 16 , Christopher 10, and Amanda 6 . The following is a list of civic and fraternal organiza- tions I have worked with, which have given me experience in working with the citizens of Shakopee: Mobile Meals : 1986-87 Vice President, 1984-86 President , 1982-84 Secretary, Delivery 1978-Present. Cub Scouts : 1978-86 - held positions of leader , Secretary, Assistant Cub Master , Committee Chairman, and Treasurer. Member of League of Women Voters : 1984 School Board Candidate: 1984 Advisory Committee for School District: 1984 Election Judge: 1982-Present Bucket Brigade : 1978-79 Fraternal Order of Eagles : Auxiliary Secretary (Business Manager) I feel that I would be an asset to the City of Shakopee, and I am looking forward to working with you. Respectfully submitted, Delores Morke 1042 Merrifield St. Shakopee , Minnesota 55379 (phone-445-7642) LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING 0 bo 0 We're making a change . . . WHAT The League will adopt legislative policies in November this year, instead of at the beginning of the legislative session. WHY Adopting policies earlier will give League members and lobbyists an opportunity to contact legislators and draft legislation concerning city policies before the legislative session begins. Please note that the League will continue to hold the Legislative Conference as before with in-depth workshops on legislative issues, comments from legislators, and a reception for legislators and city officials. That conference will be on March 10, 1987. WHERE The policy adoption meeting will be at the Sheraton Midway-St. Paul off of Hwy. 94 (400 N. Hamline Ave.) WHEN Thursday, November 20, 1986 at 9 a.m. WHO All member cities should try to attend. Each city has a vote. COST i ieiC IS 'IAV FEE LiUi tills ii'ie0ti1l9, ilvvJcVci, advance registrations Vvill u c14�L. us to plan for the appropriate number of participants. AGENDA 9:00 - 10: 00 a.m. Registration (coffee & rolls) 9:15 - 9:45 a.m. Pre-conference policy briefing 10:00 a.m. . . . Policy adoption Lunch is on your own. So, mark your calendars . . . IIID, Nov. 20 Policy adoption meeting ,,,,1111 al MIT I March 10 Legislative conference U 9� October 2, 1986 OCI'3 1986 To the Shakopee City Council : I am writing to you because of my interest in the vacant city council seat. I am a native of Shakopee and have lived here for 28 years and feel a great responsibility and concern for the future of our city. I have also been a homeowner for the past four years and know the concerns residents have about taxes and the development of Shakopee. My wife and I have one child and are expecting another child in early 1987. We want to raise our children in a community that offers an atmosphere for positive growth. My past association with the local newspaper for five years as an advertising representative has given me a good understanding of the concerns of the merchants in Shakopee. I also feel I would bring a fresh viewpoint and perspective to the issues concerning the city of Shakopee because I have contact with many of the younger residents and homeowners in the area. I realize and understand the commitment required of a member of the Shakopee City Council . I am willing to make that commitment because I believe in this city and the people who live here. Alan E, Breuer 620 East 8th Shakopee MN 55379 445-1908 3 ALAN E. BREUER Date of Birth - June 24, 1958 620 East 8th Avenue Height - 6'1 , Weight - 200 lbs . Shakopee, Minnesota 55379 Health - Excellent 612/445-1908 Marital Status - Married , 1 Child WORK EXPERIENCE Southwest Suburban Publishing Co. , Shakopee, Minnesota- January 1980-present Publisher's of 5 Southwest Mctro area newspapers in Shakopee, Eden Prairie, Chaska , Prior Lake and Jordan. Advertising Sales Consultant, responsible for maintaining/servicing establisi1ed accounts, selling to new accounts, responsibilities include ad sale, layout, design, assisting businesses in promotional ideas and campaigns, collection on delinquent accounts . Assisted in overall newspaper layout and in-house promotional campaigns. Super America Store, Shakopee, Minnesota- January 1977-January 1980 Plight Shift Supervisor, responsible for cash reports, displaying mer- chandise, store operations . Crown Auto Store, Shakopee, Minnesota- August 1975-January 1977 Salesperson, responsible for customerassistance, merchandising display, cashiering, inventory. EDUCATION Hennepin Technical Center, South Campus, Eden Prairie, Minnesota July 1978-December 1979. Marketing and Merchandising Program, Professional Sales, Retail Merchandising and Management Course. Human Relations Supervision Marketing Buying and Pricing Fundamentals of Business Promotion Economics Accounting Basic Sales Advanced Sales (500 hours) Business Math Credit Oral and Written Communications Time and Territory Management (Toastmasters) Sales Management Sales Promotion ACHIEVEMENTS Participant 1979 Distributive Education Clubs of America Career Development Conference Speech Competition - First Place PROFESSIONAL ORGANIZATION ACTIVITIES Member of Toastmasters International Best Speaker Awards - (3) H.T.C. Chapter Best Evaluator Award - (2) H.T.C. Chapter 1 Best Impromptu Award - (1 ) H.T.C. Chaper PROGRAM AWARDS AND ACTI`dITIES Speaker of the Year Award - 1978-1979 - H.T.C. Chaper Student of the Quarter for Business Occupations - 1978-1979 Speech Workshop Presenter - State - D.E.C.A. officer training conference REFERENCES SUBMITTED UPON REQUEST U i October 4, 1986 Honorable Council Person of the City of Shakopee: l would like w apply for the position open on the Shakopee City Council due to the resignation of Mr, Dean Golligan. Since moving to the City of Shakopee in 1977, 1 have become increasingly interested in how and what the city is doing for its citizens to make irks a desirable place to live and in marry cases, work. I have taken an active role when possible and have also been on the Cable Access Committee for the pa--t two years. I have taken an interest in various issues concr-ning zoning regulations and the addition of Canterbury Downs to our community. I have attended city council meetin-s periodically and voiced not my opinions concerning various matters; but also have spoken on behalf of my neighbors and acquaintances. In 1983, I campaigned and ranfor a position on the City Council of Shakopee. During that time I met many new people in the area. Although I was not elected., T did receive a fair amount of support from the voting public. I feel I would he an asset to the community since I do have the ability to look at issues with an, open and unbiased outlook. I am fairly well known and respected due to my positon as a depity with Che Scott County Sheriff"** Departmentand do come into contact drily with citizens of Shakopee.: I would appreciate your consideration of my request to become a member of the city council. I feel I am a truly concerned and knowledgeable me<<<ber of the community who would like to help Shakopee not only make the quality of life better for its present citizens, but also attract more people arid businesses to our fine city. Sincerely, r Clifford D.. Stafford 2328 Eagle Creek Blvd. Shakopee, Mn. 55379 `OT V V 1J� r4 SH A KODEi RESOLUTION NO. 2625 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For 13th Avenue from County Road 89 to the East Corporate Limits Project No. 1986-9 WHEREAS, Resolution No . 2597 , adopted on August 5 , 1986 , fixed a date for a Council hearing on the proposed street improvements of 13th Avenue from County Road 89 to the East Corporate Limits ; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 23rd day of September 1986 , at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the improvement is ordered as hereinafter described: Street Improvements to 13th Avenue from County Road 89 to the East Corporate Limits 2. Ken Ashfeld, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. 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 Apprgy,e .4 as to form this 7_ day of 19 A6 City Att ne MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Enginee5,W-- SUBJECT: 13th Avenue ; County Road 89 to East City Limits DATE: October 2 , 1986 INTRODUCTION: On September 23 , 1986 , Council opened a public hearing for proposed roadway improvements to 13th Avenue from County Road 89 to the east corporate limits . Based on a right-of-way acquisition issue and a notice of hearing issue, that public hearing was adjourned until October 7 , 1986 . This will serve as a status update since the September 23 , 1986 hearing. BACKGROUND: Attached is Figure 1 indicating the study area and also a copy of a registered land survey which makes up a portion of the study area . Also attached is a zoning map which delineates those properties which are zoned residential and those that are industrial. The owner of tract A and tract Q have been notified of the hearing proceedings. The two tracts have common ownership by Mr . and Mrs. Perry Cheever. The Cheevers have notified other property owners adjacent to tracts A and Q that they are using these properties without easement rights. It is my understanding that a few lots do have easement rights but the remaining ones for all practical purposes are land locked. In meeting with the representatives for the Cheevers, it was indicated to me that the owners wish to dispose of tracts A and Q for various reasons including liability. They feel there is certain value to land but propose that if the City was to purchase tract A, they would deed to the City, tract Q for no further consideration. At this point , no value has been determined for tract A. If Council elects to proceed with improvements to 13th Avenue, the City only has an interest in tract A. Accepting ownership of tract Q for the purposes of a public roadway puts the City in the Position of accepting a roadway that is far from an acceptable condition. 13th Avenue October 2, 1986 Paae 2 Alternatives: If Council elects to proceed with the proposed project, the following alternatives are available for the acquisition of right-of-way for 13th Avenue : 1 . Acquire tract A only. 2 . Acquire tract A and Q with no further improvements to Q. 3 . Acquire tract A and accept tract Q only upon receiving a petition from abutting property owners to improve Q. 4. Acquire tract A and accept tract Q only upon receiving a petition and waiver of assessment appeal from abutting property owners to improve Q. 5 . Acquire tract A and tract Q and Council initiate an improvement to Q. RECOMMENDATIONS: Alternative 2 would set an undesirable precedent and shift liability from the current owner to the City. There may be some difficulty in proving benefit for alternatives 3 and 5. Since the proposed project involves 13th Avenue only, I recommend alternative 1 , either by negotiation or condemnation. If access rights become a problem for property owners adjacent to tract Q, alternative 4 will become easier to achieve . Also , by alternative 1 , tract Q becomes benefitted by the proposed improvements to 13th Avenue and may be assessed. The feasibility report presented an alternative assessment method of 60% assessed cost spread over the front footage and 40% assessed cost over the benefitted area. Attachedare are two comparisonre of assessment runs of 65%/35% and 70%/30% splits. the various assessment runs provides some insight as to how individual assessments vary by changing the split. REQUESTED ACTION: If Council wishes to proceed with the 13th Avenue project: 1. Offer Resolution No. 2625 , A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for 13th Avenue from County Road 89 to the East Corporate Limits, Project No. 1986-9 and move its adoption. 2. Move to direct staff to commence the necessary actions to acquire Tract A of Registered Land Survey No. 24 by negotiation or condemnation. STUDY AREA BOUNDARY Aw__ STORM I SEWER -1 2 FRONT FOOTAGE 1t "PROJECT AREA —•—� 4t1 1 ail 920 2 1 135 6 1 7 �/// 23 �3-4 k 1tt 3 4 5 v�� I33 /!//// 22 12a 132 16 2 CZ 131 ( 2 130 8 t k� is 28 NON-ABUTTING BENEFITED AREA != 14 `! 10 13 11 ` 29 12 c 10 C ` 12 FIG . 1 ` S T UDY AREA l f ED LAND EGIS U sco l I C Ou N Im I SCOL` l INCH = 200 L t 26 V - 56747 - r 1/4 Cor. .SFC_ I Z SL7.C7" ✓Do 50 �7 6 Q E �7 NC I00 /00' 2o.c7 T j ice o� 4 41)v IN _ - - 20.07• - iso ` 0 P /SD Z/7 S6 507 0 rvf 57 O ... `� ��•: moi- :.:rir;: . . ...................... . ........... .......... .... Pr AVE•3+:�a...sert.�..�..+. t� ..... ..... t..... ter` 'w `r` � ! is � ■ � a� x Cy ...".`w..+•-......a��w�.._...+......� �� � : jam.. y# •+•.s y � r u C t (p PNW 0A i Assessable %i'3dunt' 3i 01,84 v.vi% trr!nt tf�dt Cost, iv(0216.68 Jailor e rdd i. Ldsti V.Vib51\%. iuvf.h rf,elluc Special hoscslacrt_5 ----------------------------------- ront Foot Square Foot -'1"- h.-1,•lily Cnua'c ssec,sms t F-sess�^Et i h=aE55ice:i: nd., Par[el n Owner Luuc w4 ------------- f i, t i M17:: 9" .r i n ui, i i yD 7 i,J if= - •;•-, f,nnn, i +IJ,l•r r.ci rc,Rv4.uv lb t.P`/ Sec Ii, Twsp 115 " V... 1C�i,U9.'•V 2i-r1i.v1�! 1 Northwest Asphalt � i45i rR 89 'ring Shakopee, MN 55 7i L 1 ill pe[ 1 iw d 115 1:-7.92 u7i! if.Oe $4r,_.5 S4 -111.075.38 $5�,�2i.2i 2-1-912006-1 ;;drttiwest risp'rlait �, 1451 CR 19 Rng 2c phakcpee, NN; 55379 n%ci ^^� R RRI P/C! Sec 12, Twsp 115 41,).00 25i�470,00 $1 ,67?..•J $4,135,29 $16,813.17 .i 1120;2'4 tag!_ Lr__k Lard Gd. •�*1!t at. Paler Lit. Rllg LL ,ll, Paul, FIN 55102 2 $10,812.58 t7 ,-7, �t, x14 59 .2= - t ! P/G pec 12, Twsp 115 750.00 '25690.00 +., !J.'. - , ? a VLA Cdgae Gree.; Land Co.Lo, 72 St. Peter Sl, R n g 22 pt. Pail, ii ; SJiCi _ 27-9f1ry$022-1 $7,775.70 598.c Eagle . L . JPtfiJ12Tws115 1cu 7172 St, Peter St. Rnd 22 _-,02 Ji. rad)., !`!f� JJi:'2 ' IV:; = La u1 rD : $j,R4ML 615 -$57$)01-0 Arden h Dale 6riepp ib4 V , l, i .i% Rt 1, Box 1ti_17 Shakopee, Md 553'i9 2f-C157tiii712 BI Ma_'.a. Add�r $719,15 = !9.15 2-tCriepp BrvS, L .} i (tii { ; iC . . Rd. Rt 1, Box 1041 t. cc+�� Jr!akupee, MIN 5531`- .« t.^. rli t gin) ( }} )� �„� ^ �' B ^�-� s '1=�`� (.00 102725.00 �^,i;;f f1,D,6. 11,696.':'. 7-3570V3 `f Arden _ Dale r'riepp L 1 1101 a_ AGlu f. fit 1, Box 1007 Shakopee, NN :5379 -� ., in 037,63 $1',fl C•i. c7-�f19vu! l%Zni giis Luella Olson 9 Li Bt L 6820 Vincent sive S. valley Rich ist Ri[hfiell d, FIN 5-592= t, T fi ill: $j,i'il.Y� -914202 -0 Earl Zachariaspec 11, Iwsp 15 t', 27 raibi6 PJ Box 15 Rag -- Savage, MN 55378 c-10is ?? 27-9;202. Glenn Zacharias li PiloPu Sec 12, Twsp i15 0.00 1089C...0tfi 1.300 Horizon Cir. Rng 22 Burnsville, MIN 55337 17-912024'0 Ai ?'Gi'12rg Lalid Scc!pi ng 12 PIL! pC[ 12, Twsp iid 0.00 415958.00 $0.00 $6,868.01 $6,868.01 4309 N. 99th St. Rrig 22 254311 Bloomington, MNJ,J+J1 Assessable Amount: `01,640.00 ^ -L a r a, t+a:, , n. r ru:it ait Lu]t, ii`L+.?ciGhtl r.^= a.t±± ^seri iSY - .peil di fiiSGchwien t: f^ `quare root Lost: 0-016�U Map -�__- Gw^^fill _ ., ;.^'^^: •' -, ro.:f tGti. qua:e reit j 1 Parcel w i?nel vie ^_ , ,Cil un �^ : L - a i ._aa 11 on- Ft ouar_ t Assessment `irissessment. 4!—f1tV_4—i h[iY [. L{J t%Sir'ell 11y [.it r. SEE r L et 1:, _ lir s00 . n _�44i1,ijt Sv,.l; Ulu.'n7`( 4y '^, 8 ii vr, up LC111 Hrtc. �. Rng cc rliiomington, 1111 t.7,777_ 27-V701001-i, 7 [ v Roy E. t�ug5ireil i4 LI Yi 0.00 69vii.Ul137.48 3i,iJ`i.'Tt� 112(}1 L:pton A.v . 5. �'a1 «y 'r,ic n 1st GlVi�lrgtlll, MIN JJ7'37 L^7_05tOn)=_rl .ni1llldH H. Cooke 15 L: BI {,rt( 1(42B:,Ot $01 $11$727i,/� $1,721.72 5512 Thomas Ave. S. Maras Add'n inneapoli , 111 55410 27-05700"0 Lundgren Properties. 16 16 B1 0.00 104285,00 $0,00 $1,721.76 $1,721.76 5609 35th Ave. S. Maras Add�n �IrriedpulIS, MN 55417 27-057007-0 4iliial» H. Cooke 17 L7 B1 253.77) 104289.00 $8,773.4?} 5:512 i icds Ave. 5. liar as Add'n Minneapolis, MIN 55410 .7-64711%31-0 Daniel Mahoney I6 L HP 10(.00 •v,_` 'i 'r• Y- ,r, i i7 2992 E. 13th Ave. RLS 424 Shakopee, MP 55379 27-5i1i} }43 7 n E.'-0 john Miller 19 L "L" S x00.00 0,00 X3,092.17 }.i}0 3 x;2,17 9616 E. 13th Ave. RLS t24 '= Shakopee, MN 5: 79 Ifanlci {,bee=er 2`[} L "i" 100.00 0.00 �3,t}95.57 .�1ry k3,f;9i,1! 9040 E. 1_th Ave. RI 7? L.J `vc4 6±iakopee, MN 5779 v�-l% Raymund Moen 21 L `Ea i0O.;( Y $0.00 „� . ,�j92.17 13th Ave. RLS #24 „ieanopee, iii 55379 27-:143019-0 Robert K. Stewart ^2, 'So : --- �t L l,'.[}l% I�%m IG_.Ott} �l},1311 _S, ,t7 11305 River Hills I}r. RLS ¢24 - Burnsville, Mt: 55337 -[}4301I6-0 RaL'n,CUG E. Muen �_ BOB i};} 9064 E. 13th Ave. R_S R24 Shakopee, i ' 55379 27-[143C}15-0 Ri7crL K'". Stewart 24 La, a , 1}[ GJ � 's�l,V iL4i,6_� '7$i47r i�r•c River n^a ver Hillis Dr. R 1,_y_%J ..=7 '{? Bul 11S4a1le, 71itk.±11 .5q,7 7 1 Assessable amount: $2011840.00 r__t, ♦+n " i i vitt F,:za t Clost, a3�1.?L1 eon Square i 304 LOs;.: 0.1110510 47.1.12 Avenue - Special AssesEenLs Map r_i,{i;7.`; {i^ Front Foo? a[ut. _ Foot 'Total _ Lro £ Description Front Ft Square F.t hS=FSsEet iissEssment !ss£ssient Farce! 4 Owner 27-v4�4i4�Q Robert K. Otewart ... U.+•4tr #«;.�- i•i7t L S. .65 117.05 River dills Dr. RI ,urLf Burnsville, Mid 55337 c at tr l-n�..}`{7.Q v.010 4?.u5 $247.65 27-0124301 -0 Robert K. StEwar t 26 L t (1,Jt• lav i% 11305 River hills Dr. RLS 4214 Burnsville, Mid 55337 1 $2-7.eJC 27-4!43012-0 Robert K. Stewart 4i L °" 0.G0 1500 11,11{IQ,QQ � ?4i.65 11305 River Hills Dr. h;LS x24 Burnsville, MN 55737 !� L 0.00 2J3J4!Y,,V{} $0.00 14.b 0.62 $4,660.52 27-043018-0i Robert K. Stewart 28 PDQ 11305 River Hills Dr. RLS 924 Burnsville, Mtn 55337 27-043019-0 a1 RobErg Landscaping '" 537 , FQ.'i! 430 W. 79th _t. Bloomington, Mi 5053/9 27 K"-043011-0 Richard Kessler 30 L " 11,00 0.00SCJ,{J{J ;;7.,;211 ;,00 °097 E. 13th Ave. F:LS -24 Shakopee, Mid 55379 2't-1243010-{JteY"cn G. G°£ode 31 L 9LL� 21.!22• 0,41{! f',{'{1 ;•{!.'jl! y4J,{iQ 9095 E. 13th Ave. RLS #24 Shakopee, Mid 553-19 9 _s.-v•_it Xt i Krause z'2 1 ttiz .J,{7.Q {,.V11 •v{%.Q;I YIJ.Q{! {1.�}{! 27'0470(17 v Neil t.. Kr aus'c 01085 E. 13th Ave RLS n24 Shakop£z, MN =77,9 - - ,,iJJ "08-0 Neil d. Krause t,3 L `H` :!.1.0 tt.-- fi{ $11,0{5 $0,1,11 27-043L%:,: LS #214 94193 5 E. i?th Ave F. Shakopee, MN 1177,m -043007-C', Charles A. :'an Hale 34 L 51:: 0.00 (J,Q1 J V).00 $0.00 90011 E. 13th Ave. 1, !;t', 5053719 9 Shakopee, Mid .,.L�ti_7t Y L �F° 217.47 {!.:!� $0.00 $'3,432.P 27-:!47.4!06-Q Terry L. Rice w . 91{10 E. 13th Ave, RLS r24 Shakopee, MN 55:79 ictal 42,9 .,95 4279932.00 ;151,1' 1.{7.11 7u,b44,0v $4101,840.00 --------------- --------------- kc-e5sat'le Firount; ¥'tif 041 0 ron. foot Cost: iv_.Jit rJlii 11:`611: HVeitue - ;~peCl dl ft55e5Rent5 �ouare toot Cos'-: l%.1111411 IL ------------------------------------------------ ------------ -- --- --------------- MaG Q L Front Foot Scuare-Font -----T g t_el Parcel # Owner _gnc ties_rjnHon e � - _ -_ .._573{is.•slent G5_cc5�unt iScceGgr£r,t .. r2iviv-iorthweSt RSphait i P% bci. lit I�iSp 11110 �ii�..- 167!E- ?a2,tJ1O,1J 4L,401t.22 il7Jci=,cJ 1111.4.`11 C u7 Fang 22 Shatgpee, MN i...�i'cra11�ivn,v7E,_1 5537° riVthi£St Asphalt . 'irt5Fl 12, r 15p itaeJ 15211 ,92 6 711 6:424.l! s-50 tG 0.13 1451 vtGr,�Crzv`,aiCu �uLt:i•,37rT..,Jat CR 5? Rng 22 Shakopee, MF; 55375 r-,- a " t i a 'Co. z t t e l, ;G 5 C t,ijt) �5�1Ylii.Qf) Vii• .b �.il ',3Y4,5= 1i,1ii.64 �: 7aivii 4 Eagle CrEEr: Land .. PID Sec 1 IW_ 11 10 ' " !3 5' 312 St. Peter St. Rng 22 St. Paul, MIN 55102 2'-G12:)22-3 Eagle Creek Land Co. 4 FIC S c 12 =_n 115 35t).�s{; 22S6rv,C��) i ,lag g 4 r $11,655 •?,2 4.31 X14,071.q�1 ­2 St. Peter St. Rng St. Paul, MN 5510,2 Y 3vt.000 2260190.00 i !,_= tt%^ ci'7 i2i�22-1 icgi£ Lr££i; Land Co. 5 Y�iQ .EC 111, IWSo 115 t V x'12 i.,JJ. 7 �3,113112,,.}1 #a-r,u7i.4�• 32 St. Feier 5t. Rng 22 t. Paul, M;; 551-0:2 27-0570011-0 i rdEn & hale uriepp b Ll F1 Maras Add'n 7, 602,` r,+j $9,4 FO , r; c7G t;i L^ i�:1,/ 1111 ut•i,tt ZJ,i�� . )1,?�! `%tel avL Rt i 11ff., Fg.", �MN 11!67 (5 JhakopeC, 5511191 0 57I002 -J Bros. Con-U. Co. i u i liar aAid n 0.00 4 355e.v� . t ,-11 nt 1 tifn i, BOX 10.57 Snh L+!;6ip__, 111.' ,115377 :Jrln.z Muen i Dale 11. pp w L3 Hl ]Maras 111%2 . )Ez(1.6( $11,403.711 a2,+ Ri 1, lion' 1067 Shakopee, M1111 55377 47-091,0021-0 { l41yL t ± Luella L1 5of ' L1 Pi t.iQ 1in�'at1�.l{ �{.Jt ;i,iu. tit?41;, t"O Vincent Ave S. 1 2, 11 4ic-Ia E� 2,1111 t1: 1St 1IrhlitiG, MN 5+4.3 4 7lili26 V, Tari Zacharias it% P1 Be[ 211 Iri_r iii 1.,:;0 Onn i%t) Vii,11)1111 1 ti $1,541.10 I!, ;� 1i1Sr:.. +41,1 f pa egx 15 Rng 211 Savage, MN 55375 I n_ - 5 n 0t• 0 $1 =41.10 1111-7 i2tjiti+i) Glenn ZdCiiar2d5 li irr mei 12, iSp 11u v.U: 1e7tE),Ij�t ;... yl.t ) S' 2311%0 Horizon Cir. Rng Li Burnsville, M1: 5 73* 2�-";12024- Rober, Landscaping iai `e" L, iWSp 11` 0.CIL, ia:7 _,tV . t= V 686.E-6 $5,886.0.6 .anO ve n, 7Yte i• R.n l.i g Bloomington, MM 55:431 i:_c£ccahl£ 40unt: $201,840.00 77 Front icct Ccsz; v . I .150 .iv£nue Special N55£sC£nL5 Square Coot Cosy: h.01111 152 A . A �„ ,�- , i±t,Y Front Foot Square ap Parcel s ltrm'ner Code Description Front rt .Quare Ft Assessfi.+erit A 5C sment Assessment ----------------------------------------1--------------- --------------------- ---------------'----_^^'-n------------------------- ----------------- -711 L•tn C... i^, rAACIA /;� '1 1f± ;i Gc. 377n rr '9li(lit{-1 `{()y E. Luy=bels u ✓ct 1L, iri_ ii5 (.((S _�7�v.vUU.vv IV.3v .,,v.33 11201 l;ptcn Awe. S. n'!g it -..7 rieomingter,±, MN y r�,,�:�, Roy E. Cogswell 1� Ll .:, 0.00 69017.00 $0.00 $976.7(1 $976.7(1 27-C%ayr�tl-ri -- 11201 Upton Ave. S. Valiey Rich is' Bloomington. Mn 515307 n7_ _ i5 L5 ri 0.f)() 10420K.00 $(1.110 X1,475.76 �1�$1,47.76�, .•.I,.vC,� 0 William H. Cooke 55:2 ii?ca±a5 Ave. C. Maras Add'n kinneapolis, MIN, 55410 217 57006-0 Lundgren Properties 16 L6 iii 0.00 104280.00 (!1.00 1,475.79 :1,475.79 5600, 35th rive. S. liar a5 Add'n Minneapolis, MN 55417 77-x,57007-0 wt•l, F r ,1t,.. 17 L7 '_r..1 7z' 1V4_t9.(i(t 7, .t�.iL. y }•t;.nr c� 1 =4 s.i i , vltsiam H. ,,c - 5512 Thomas Ave. S. Boras Add'n Minneapolis, bin 55410 i? ` j U.(+� s .I,i.(,Gffl, (%, . -0437n102-0 Daniel Nhone7 _ L .i ❑i±9L C. 13th AvE. i'LZ 4r'7 j -C Shakopee, Wil 333,/ 27-(t4 (( -(: john E. Miller 19 Ler`± 111;.00 1.00 ._,��.:.ii.; .L•: - 9616 E. 17- it Av£. 11LS a24 Shakopee, MN 55379• 27-04z,. 4-0 Daniel Cheever 2:(1 L BY 100.(10 (;,(}(t $711176.07X0.0(1 X3,5'(1.(15 9(O E. l7,th Ave. FLS K4 L j s 55770 21 L 'c" 11'1(1.(%li t't,(,(t sa :•=i%.t3 11:1 27-0433005-0 Raymond Moen ' F: t-'4 ?(164 _. 13th Ave. _ ± Shakopee, tiff 5J,770! :2 L lOG 6 .0(t :y:i,(,ij vi..i?Y.lb 21''0'4 vi9-i% Robert K. Stewart 11305 Fiver liii'As Dr. NLS 3_`4 t uurnsvlile, .11,k, 5:;,.3r 21-:143016-0 Raymond E. risen 9;;64 E. 13th Ave. r:_5 Shakopee, 55377 ,ti^. •1 T S�-AC�b£rt K. StciarL27_- :1sD J 24 Len 0.00 15000.00 11705 River Bills Dr. E.LS #?� rur n5vilie, MIN �� Front Foot Cost: r3 n� 2t ry.., i'` +^` l:Y�i 4E5UE - 3F£Ci ai ii4xx"vc4ei5 Souar e toot lost: _ 114t. har Front Foot-- SQUare Foot-------otal Parcel _ 0n.cr [:n?c Lp-rri of ion Front �� - r t - - r-' ---- - F: scceccr.cn- n, ;cce;;;aF:,= -t-� fi(,c)Crt i':. 4'rcrt [5 (. A!"ir (1,(I�1 1.,01i�),1117 3:1, Ii) 'ice` t7 117'-505 River Hills Dr. rLS Tr 537 2 Burnsville, MN .iJti�:7 .5- {i •i! .5 } St - t '1 1 uN0 n A Cn T t5 .£�1 "1 n tt,,.-. [,-.43..1;-J r;e�£rt Y Et;ar� [6 r) V V 15000.33 FC. 10 $212..:7 <Y 27 1;3115 River Hills Ur. RLS 7#274 5337 X Furi45vli!£, !viii ,iJ:`3/ Li vi•illr:-{r Robert K. Stewart 21 L i 11,1111 1510100.00 00 L1L.�1 1i3f15 River Hills Dr. RIS' ai4 curnsvllle, MN 5`3x7 043018-0 Robert K. Stewart - n [� PIG L F h ',i,iifi inu'J:if1V.011 $0.00 $4,011.96 ti r, 11305 River Hill's Dr. R:1c -r.i4 Burnsville, iii 55337 27-;;4301';-f: Al Roherg andSCapn29 riL IR° O,iLi2uz x .Jl ii,t7.�1 i11Li 43:14' W. 99th st. RLS #24 Bloomington, MIN 55379 =7-;343'11-C :irha-d Kessler - L 9V 0.00 6. $0.60 $0.00 $0,00 01 % 7 E. i'th =eve. ;LS X23 Shakopee, MN 55379 r tilt ..'L14Ji1ii1 �--v l Steve[? G. VEide 31 L i1,i1Q (%.{ift #12,01 fi,()fl `rV`I4K, 9055 E. 13th Ave. RLS SLf ,Laiic'p££� !1 55379 u. Krause ,,? `4 :)1TJVV1 V \£ll 2 L Flu Af,aVV -.0 o V. >.iv E. l:Yh Ave Mi 024 Srai:a a, NSI 5:1379 !7-(1430108-0 Ne 41 J. Krause J3 � -j4i 0,iifi l'2,0;2 E. l'V 9085 t. 107th Ave RLS II24 i Shakopee, M11 = 19 i c7-f2i 87.4.7-T4 Tv' 7 . h ll' a1E T4 L eFs .5 C? f2 A .t rl Tli+ .• � (.I)J •r ,hc'rl£_ n. ren : : b. o 0.00 .fair rv.=_ {ii,Ar-. 9081 E. 13ti1 AVE. RLS - " 7#2» Shakopee, Mil 55379 271-0W 64 -0 6 7 -0 lerr LRice e ,=+Y7a4� i.00 :�?,911.78 ;.. L `F , 1 _ 9100 E. 13th Ave. R'S A24 Shakopee, MN 55379 Ili,ml TLT4-1 2.L, T1l JU•:2.t1}! 1141,2Qii.l%V $60,550.111 7L1.11,5740.1111 ---------7777-- --------------- l MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Appeal of Conditional Use Permit No. 471 DATE: October 1, 1986 Introduction: At their September 4, 1986 meeting the Planning Commission granted a conditional use permit, for outdoor storage of transportation equipment in the I-1 zone, to Les Koehnen. The approval was subject to the following conditions: 1. The entire storage area must be entirely enclosed with a solid fence eight feet in height. The fence shall be setback ten feet from the rear and side lot lines. Within the setbacks a major coniferous tree must be planted every fifteen feet at a minimum six foot height. 2 . All storage associated with the uses within the structure must be contained within the fenced area. 3 . Annual Planning Commission review. Background: The decision of the Planning Commission has been appealed to the City Council. The appellants include a list of approximately 35 residents. Please find attached a copy of the appeal, minutes from the Planning Commission meeting and the staff report to the Planning Commission. Action Requested: Offer Conditional Use Permit Resolution of the City Council No. Cc-471 and move for its approval or denial. Approval to include recommended conditions of the Planning Commission. Attachments tw Y. SEP 2 1 i1i•!�E C)f c -Zig-GLS �Y�j ���.� � ��✓� c �.� BGG-��_ l O J � Y ' / A t ✓ ti n,' f1�C� -74a - 00 - 1 75-1I vA i f _ y , . tte ,.- _ rale V2_n:'I aldeghemZ`QcV,ne moved to open the ),abli c hear-LnE to consider a a request for a Conditional use Perri- to allow outdoor storage of transportation equipment upon the property located at 1F03 Eagle Creek ylvd. in a light industrial zoning district. L'.otion carried unanimously. . 'Discussion ensued on exactly what kind of storage would be involved . The applicant, ester i.oehr.en, f30'� 1st Street, Shakopee , ctated the stcr 1 � ^th; ^T from a •tb ��' -notor t a^e could consist s � o� an _ ._ �^ o w .,cam .. .�.c „c �o a T� �0 3 what junk vehicles must be stored 30 days seili . _ is s „a aW There ti:iil be no vrecking on this site just storage . A"r. Olson, 940 Eagle Creek, said that they propose to put as many vehicles as they can within the fenced in area. Kr. Schmitt, 1797 Eagle+Creek plvd. stated that heisaFainst this proposal, he believes it would be an eyeTore to the residents Vit-hin the area. Dave Yarusso , 1812 Eagle Creek Blvd. said that he does not feel it would lower the property values . Ar. Brown, 302 Shawnee Trail, stated that this is not a junk yard. This is a towing and storage facility and it is an excellent service for the city. Chairman Csaja asked if there v;as anyone from the audience who wished to address this issue . There was no response . Foudray/Schmitt moved to close the public hearing. Motion carried unanimously. Foudray/Schmitt offered to grant Conditional use Permit #471 and move for its adoption based on the following recommendations : 1. The entire sto-rage area must be entirely enclosed with a solid fence B feet in height. The fence shall be set back 30 feet from the rear property line and 10 feet from side lot lines . ,' ilhin the setbacks a major deciduous tree must be planted every 30 feet. 2 . 211 storage associated with the uses within the structure ,must be contained within the fenced area. Pomerenke/Rockne offered an amendment to the main motion that a major coniferous tree , such as spruce or pine be planted every 15 -feet and with 6 foot height. MM'Llion carried unanimously. City Administrator stated that there should be a review of the conditional use permit after one year. Commissioner Foudray called the question. Call of the question fails with Pomerenke and Czaja opposed. Main motion dies because of lack cf majority. Schmitt/ ,ockne moved for a minute recess . 1,-,otion carried unanimously. f6 PLAN„iNG COMMISSION September 4 , 1986 Page -4- Chairman Czaja called the meeting back to order. Schmitt/Foudray moved to grant conditional use permit '471 for purposes of operating an outdoor storage lot and for purposes of operating an impound lot, and move its adoption, subject to the following conditions : 1. The entire storage area must be entirely enclosed with a solid fence 8 feet in height. The fence shall be setback 10 feet from the rear and side lot lines. Within the setbacks a major coniferous tree must be planted every 15 ft. at a minimum 6 ft. height. 2 . All storage associated with the uses within the structure must be contained within the fenced area. 3 . Annual Planning Commission review. Motion carried with Comm. Czaja opposed. Foudray/VanMaldeghem moved to adjourn. Motion carried unanimously. Meeting adjourned at 9: 50 p.m. Judi Simac City Planner Carol L. Schultz Recording Secretary MEMO TO: Shakopee Planning Commission FROM: Judi Simac, City Planner DATE: August 26 , 1986 APPLICANT: Lester Koehnen LOCATION: 1803 Eagle Creek Blvd. ( SW 1/4 of SW 1/4 Sect. 5 and NW 1/4 of NW 1/4 of Sect. 8 ) ZONING: I-1 Light Industrial LAND USE: Existing R.V. and Fork Lift Repair APPLICABLE REGULATIONS: Section 11. 32 , Subd. 3A 13 ; 11. 05 , Subd. 5 FINDINGS REQUIRED: Section 11. 04 , Subd. 6 SURROUNDING LAND USES: North - R-4 zoning agricultural use East - I-1 zoning storage facility South - R-2 zoning residential West - R-4 zoning vacant PUBLIC UTILITIES: Sanitary sewer is available to the site, however existing on site septic and water are proposed to continue. PROPOSAL: The applicant is requesting a conditional use permit to conduct outdoor storage of transportation equipment in a light industrial zoning district. CONSIDERATIONS: 1. The site include a existing block structure which contains a fork lift and r.v. repair business. The applicant proposes to use the northern portion of the site to store impounded transportation equipment. At this time the tenants of the structure will continue to operate the repair businesses. 2 . The applicant intends to use approx. 1 1/2 acres of the site to store impounded vehicles within a fence. The City Code requires junk yards and automobile wrecking facilities to be completely screened from roads or developed areas by a solid fence or wall 8 feet or more in height, maintained in good condition and screened with suitable planting. The code also requires that the storage yard not be within 100 ft. of any City thoroughfare. 3 . The proposed site is at a lower elevation than the residential area of Shakopee Ave. , however there are a lot of mature trees on the slope and south side of CSAH 16 which appear to screen the storage area. The site will be more visible from these homes in the winter months. 4 . Existing on the site are some vehicles and materials which appear to be "junk" . The area should be cleaned up and the repair business which will continue in the building should be required to keep their storage within the fenced area also. 5 . There are two accesses to the site from CSAR 16 . Parking for customers is adequately provided on the gravel surface. A row of mature trees are existing along the west property line which can be credited for screening, however additional plantings must be placed along the north, east and south of the storage area, along with the fence. Staff Recommendation: Staff is concerned that the proposed outdoor storage of the automobiles will impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. The property was excluded from the Racetrack District and remains industrial, however the use may prohibit the timely development of the adjacent multi-family and RTD property. In addition the use may constitute a nuisance which will be disturbing to neighboring properties. Lastly, the City has not had a good experience with control and containment of other impound lots within the City limits. Staff has found that adequate access, off-street parking and loading exists on the site and the use in consistent with the zoning district. Should the Planning Commission approve the conditional use permit application the following conditions are recommended: 1. The entire storage area must be entirely enclosed with a solid fence 8 feet in height. The fence shall be set back 30 feet from the rear property line and 15 feet from side lot lines . Within the setbacks a major deciduous tree must be planted every 30 feet. 2 . All storage associated with the uses within the structure must be contained within the fenced area. Action Reauested: Offer a motion to deny Conditional Use Permit No. 471 and move for its adoption based upon the following findings: 1. The conditional use will be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted and could diminish and impair property values within the immediate vicinity. 2. The conditional use will impede the normal and orderly development of surrounding vacant property. 3 . The use will constitute a nuisance with increased traffic of tow trucks arriving 24 hours a day and for City control and enforcement. tw R 4-, �z i ........ ... B2 : � IAL Y � + fj1J � QvT�;?T• 1 R4 . 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Background: In 1985 the number of insurance companies writing liquor liability insurance decreased substantially. The few remaining companies, because of the work load, were unable to issue new policies and actually deliver them prior to Shakopee' s renewal date of July lst. Many Minnesota municipalities also renew their licenses on July 1st. Because of this problem, Council has agreed to accept a certificate of insurance and require the policy to be placed on file within 90 days after effective date of the license. When license renewals were mailed out on July 1st, licensees were also mailed a memo advising them that they should file their policy with the City within 90 days. On September 16th, all licensees, not having done so, were reminded to file their policies with the City. In addition, they were advised that if their policy was not filed and approved by the City Attorney, that the Council would hold a public hearing on October 7th to determine whether or not to suspend or revoke their license because of non-compliance with the City code. All notices were mailed certified and were received by the licensees within the 15 day notice period with two exceptions. No formal action could be taken on these two exceptions at this hearing. Instead, a new hearing date would have to be set and notice served. R. Hanover did not receive their notice, because no one was present to sign for it. Minnesota Concessions was not mailed a notice because I thought I had their policy on file, but after taking a closer look, I did not have the whole policy. t The following licensees have not filed their liquor liability policy or if they did it is incomplete. (An updating will be on the Council table Tuesday evening) : *SuperAmerica Stations , Inc. Speedway Concessions , Inc. *Pizza Huts of the Northwest, Inc. Holiday Stationstores , Inc. Tom Thumb Food Markets , Inc. *Coll-Frahm Inc . Brooks Superette, Inc. - Marschall Road Brooks Superette, Inc. - #42-Canterbury Road *Freternal Order of Eagles Aerie #4120 R. Hanover, Inc. Minnesota Concessions, Inc. *The Pullman Club, Inc. S.E.L.F. , Inc. (Granny' s) Valley Liquors, Inc. *Veterans of Foreign Wars , Post No. 4046 *Policies have been received for these licensees , but they do not include the 10 day cancellation clause. They have been so notified and are in the process of getting us the necessary endorsement. Pizza Huts policy expires January 1, 1987 and they have been asked to provide an endorsement extending the Policy to July 1, 1987. Holiday Stationstores, Inc. policy expires December 1, 1986 . They are in the process of renewing all their policies and will send me a copy of the new policy when it is issued. I was quoted approximately three weeks and when issued it will be for a three year term. Although the certificates of insurance show coverage until July 1, 1987 , in these cases examination of the actual policy showed something different. In these two cases, one policy covers many stores and getting the policy to expire on a specific date for Shakopee may not be possible. Alternatives : Come October 7th, there may very well be some licensees who have not filed their policy in proper form, and Council will have to decide on how to proceed. Because there are only a few companies writing liquor liability insurance, there is very little choice for our licensees on where they take their business. If the insurance company will not deliver a policy by July lst of each year, the City has two choices. One is to actually close businesses without an insurance policy and see if the insurance company will change their operation to get the policies out in a more timely manner, or continue to allow the 90 day filing period we have now. There is additional staff time spent with this procedure. It is almost a duplication of time spent at renewal time. Certainly the City doesn' t wish to put businesses out of business, so this may be the lessor of two evils. How to handle businesses not in compliance with the City code on October 7, 1986 , by having on file with the City of Shakopee, a proper liquor insurance policy: 1) Suspend license until proper policy is on file 2) Extend time to file policy 3 ) Amend City code to not require filing of policy 4 ) Don' t exforce City code Recommendation: I recommend alternative number two, because this is the first year the beer licensees are being required to file their policy. t I believe all the liquor licensees will file their policies by November 4th and I believe most will be in by Tuesday. I believe that the beer licensees who may not file their policies by November 4th could still operate their businesses because beer is incidental to their operation. Action Recommended: Direct staff to notify all beer and liquor licensees, not currently in compliance with the City code, that, if they are not in compliance with the City code by November 4 , 1986, the Council will, on November 4, 1986 , suspend their license until they are in compliance. 1 �c MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Beer, Wine, and Liquor Licensees not in compliance with the City Code DATE: October 7 , 1986 This is an update to the memo dated October 3 , 1986 with the same title. The following is a list of licensees not in compliance with the City code: SuperAmerica Stations, Inc. - December 1 renewal date in the process of renewing for a 3-yr. period. Speedway Concessions, Inc. - Asked for endorsement adding licensee name. Pizza Huts of the NW, Inc. - Asked for endorsement extending policy to July 1, 1987 . Also 10 day cancellation clause. Holiday Stationstores, Inc. - Waiting for 10 day canc. clause Call-Prahm, Inc. - Waiting for 10 day canc. clause R. Hanover, Inc. - Waiting for 10 day canc. clause The Pullman Club, Inc. - Waiting for 10 day canc. clause Minnesota Concessions, Inc. - Waiting for 10 day canc. clause S .E.L. F. Inc . (Granny' s) - Waiting for 10 day canc . clause Brooks Superette, Inc. - Need liquor policy & canc. clause (Marschall Road) Brooks Superette, Inc. - Need liquor policy & canc. clause ( #42 Canterbury Rd. ) Summary• 1) We have a policy from all licensees, except the policy from the Brooks Superettes does not include the liquor liability. 2 ) Two policies expire prior to July 1, 1986 . If they cannot be extended, the City may have to accept them as is. 3 ) One policy needs a name change which should be no problem. 4 ) Nine policies need cancellation clauses. They should be able to be provided by November 4th. Recommended Action: 1) Direct staff to notify all beer and liquor licensees, not currently in compliance with the City code, that, if they are not in compliance with the City code by November 4, 1986, the Council will .on- Nov-.- 4,- -1986-,- suspend their-license until they are in compliance . 2 ) Direct staff to notify R. Hanover, Inc. and Minnesota Concessions, Inc. that a hearing is set for November 4 , 1986 , at 8: 30 p.m. to consider the supension or revocation of their liquor license if they are not in compliance with the re- quirements of the City code, section 5. 09 subd. 3 . MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Prairie House 1st Addition Park Dedication Fee DATE: October 3 , 1986 INTRODUCTION: The City Council approved the final plat of Prairie House 1st Addition on June 17 , 1986 . One of the conditions of approval was that in lieu of land dedication, cash payment should be made to the park fund at the time building permits are issued. The cash payment is determined in accordance with Section 12. 07, Subd. 5 of the City Code. BACKGROUND• The park cash payment is based upon market value, determined by the County Assessor. The value of the entire 58 acres in the plat is $303 , 400 . The fee is equal to $10 , 000 plus 2% of the value which exceeds $200 , 000 . The standard procedure is to figure the fee per acre and then apply that to each lot depending on the size. Staff has computed the park fee for each lot in the plat for inclusion in the Developer ' s Agreement. The developers of Prairie House 1st Addition have submitted a written request to spread the park dedication fees over the 36 acres of the plat to be developed. (See attached) The remaining 22 acres are two lots which have been sold to the federal government (U.S. Fish and Wildlife) . No construction on this property is anticipated in the near future. In addition, the U.S. Fish and Wildlife cannot obligate itself by signing the Developer ' s Agreement, ensuring future payment of the park fee. At this time the park fee for Outlot A is not in the Developer' s Agreement because it must be replatted before a building permit is issued. Block 1, Lots 1 and 2 are left to absorb the park fee for Outlot B and Block 2, Lot 1 (federal land) . ALTERNATIVES : 1. Require the park fee for Outlot B and Block 2, Lot 1 (federal land) be paid before the plat is filed. Although the developer has indicated that park fees were not taken into account when the sale to the U.S. Fish and Wildlife was structured, the developer did violate the subdivision regulations by selling off lots before the plat was filed. 1 2. Require the park fee for Outlot B and Block 2, Lot 1 be paid when a building permit is issued for either Lot 1 or 2, Block 1, whichever occurs first. (Outlot B and Block 2, Lot 1, fee is $6 , 487 . 62) . 3 . Require the park fee for Outlot B and Block 2, Lot 1 be paid when the building permit is issued for the second and last _lot in Block 1 . RECOMMENDATION: Staff recommends Alternative #2. ACTION REQUESTED: Offer a motion to direct staff to amend the Prairie House 1st Addition Developer ' s Agreement to require the park dedication fee for Outlot B and Block 2, Lot 1 be paid when a building permit is issued for either Lot 1 or 2, Block 1, whichever occurs first. (FOR REFERENCE) Park Fee Prairie House 1st Addition Block 1 : Lot 1 = $ 441. 11 Lot 2 = $ 832 . 28 Block 2 : Lot 1 = $3 , 100 . 24 Outlot A = $4 , 188 . 45 Outlot B = $3, 387. 38 *An area of . 57 acres will be dedicated as r-o-w. No fee which would have been $118 . 60 . JS :cah �61 C Q/ • FBF, � �� BRADFORD CLQ PROCHNOW -',ITS ATTORNEYS AT LAW f1.6 NORTH FRANKLIN STREET-RIVERSIDE PLACE HUTCHINSON, MINNESOTA 55350 CURTIS M.BRADFORD r. TELEPHONE: DANK.PROCHNOW 0,W$87-1710 October 3 , 1986 Ms . Judi Simac City Planner City of Shakopee 129 East First Avenue Shakopee , MN 55379-1379 RE: Prairie House First Addition Dear Ms . Simac : Please accept this letter as a request to have the park donation fees regarding Prairie House First Addition placed on the 36 acres to be developed. The 22 acres sold to the Federal Government is not a part of the development and they do not anticipate construction on that land in the near future . The great bulk of that , in fact , will be a park in a matter of speaking. Park donation fees were not taken into account when that sale was structured and I would like them to be placed on the 36 acres so that it can be properly anticipated in future sales . Thank you. Very truly yours , %7�• Curtis M. Bradford CMB: sb HAND DELIVER �C,qV, TIOURY D O W N 5 October 3, 1986 Mr. John Anderson City Administrator City of Shakopee 129 E. First Avenue Shakopee, MN 55379 Dear John : RE: Night Racing Canterbury Downs Pursuant to our earlier correspondence regarding night Harness racing at Canterbury Downs, we have had further verbal communication with the Division of Air Quality, Minnesota Pollution Control Agency. The Agency has given us no preliminary indication that they would oppose racing beginning at 7 : 00 p.m. on weekday evenings through November 30, 1986 on a test basis. We understand this temporary condition would not require a formal application process by us to the MPGA. The MPCA has asked that they be kept appraised of the attendance numbers during the test period. Based on these preliminary findings, please be advised of our intention to proceed with weekday evening racing beginning Wednesday, October 8, with the first race to begin each evening at 7:00 p.m. It is our belief this change will increase attendance to the track and result. in increased economic benefit to the City of Shakopee throughout the balance of Harness meeting. Thank you for your attention to this matter. , Yours sin , V Fri- Corri an DYr�tor ofAperations cc: J. Michael Valentine, Director, Division of Air Quality William Crawford, District 5, Mn. DOT Daniel J. Lutenegger, Barton-Aschman Ken Ashfeld, City of Shakopee John Mullan, Barton-Aschman Stan Bowker, Canterbury Downs Brad Larson, Scott County Canterbury Downs/1100 Canterbury Road/P.O. Box 508/Shakopee, Minnesota 55379/(612) 445-7/223 October 3, 1986 Page 2 additional background monitoring to determine the impact of this change in hours of operation . As discussed, we will work with the staff of the Agency to obtain the data required by your staff to properly evaluate a permanent change in the hours of operation . We realize that the change in location of the Agency office has been very disruptive and appreciate the prompt consideration the staff has given to our request . We look forward to working with you in the coming weeks to finalize our understanding as to the information to be gathered during the experimental test period . The September 29, 1986 letter from Barton-Aschman Associates , Inc. , the consultant for Canterbury Downs Racetrack , is accurate with respect to what will be done other than the initial start date being October 8 rather October 15 . Vim) truly ours , -, Raymt� d A. Haik RAH/jf cc : Brooks Fields Stan Bowker Fred C. Corrigan Bruce Malkerson Daniel J . Lutenegger _,3an Anderson 9159f POPHAM, HAIK,SCHNOBRICH, KAUFMAN & DOTY, LTD. 4344 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612-33_3-4800 c-u.i"rFi hpi -u.'vvi'ULIAM TAUTS.i Aiv DAVID L.HASM MALL KATHLEEN A.BLATZ ROGER W.SCHNOBRICH MICHAEL 0.FREEMAN 612-344-0603 KATHLEEN M.MARTIN MICHAEL O.CHRISTENSON DENVER KAUFMAN HOWARD SAM MYERS,1U JOHN C.CHILDS J.MICHAEL SCHWARTZ DAVID S.DOTY THOMAS C.D'AOUILA DOUGLAS P.SEATON LARAYE M.OSBORNE ROBERT A.MINISH LARRY D.ESPEL 1240 AMHOIST TOWER THOMAS E.SANNER LOUIS P. SMITH ROLFE A.WORDEN JANIE S.MAYERON 345 ST.PETER STREET BRUCE B.Mc PHEETERS FRANCIS J.CONNOLLY G.MARC WHITEHEAD THOMAS J.BARRETT SAINT PAUL,MINNESOTA 55102 GARY D.BLACKFORD BRUCE H. LITTLE BRUCE D.WILLIS JAMES A.PAY NE TELEPHONE 612-333-4878 SCOTT E.RICHTER MARK F.PALMA FREDERICK S.RICHARDS DAVID A.JONE5 GREGORY L.WILMES RUSSELL S.PONESSA G.ROBERT JOHNSON LEE E.SHEEHY SUITE 2400 PAUL J.LINSTROTH BRYAN L.CRAWFORD GARY R.MACOM BER ALAIN FRECON 1200 SEVENTEENTH STREET SCOTT A.SMITH DAVID K.RYDEN ROBERT S.BURK PATRICIA A.JENSEN DENVER, COLORADO 80202 ELIZABETH A.THOMPSON OWEN E.HERRNSTADT HUGH V.PLUN KETT,III LESLIE TELEPHONE 303-893-1200 GILLETTE 7ELECOPIER 303-893-2194 KEITH J.HALLELAND MATTHEW E.DAMON FREDERICK C.BROWN MICHAEL T.NILAN MARK B.PETERSON THOMAS K.BERG ROBERT H.LYNN SUITE 300 SOUTH D.RANDALL BOYER JAMES R.STEILEN THOMAS M. SIPKIN5 1800 M STREET.N.W. BRIAN N.JOHNSON JAMES B.LOCKHART ROBERT C.MOILANEN WASHINGTON, D. C. 20036 TIMOTHY W.KUCK OF COUNSEL ALLEN W.HINDERAKER THOMAS F.NELSON TELEPHONE 202-828-5300 JULIE A.SWEITZER FRED L.MORRISON CLIFFORD M.GREENE THOMAS J.RADIO TELECOPIER 202-828-5316 THOMAS C.MIELENHAUSEN DIRECT DIAL NUMBER October 3 , 1986 Mr . J. Michael Valentine, Director Division of Air Quality Minnesota Pollution Control Agency 1935 West County Road B2 Roseville , MN 55113-2785 Re : Indirect Source Permit ( ISP 84-3 ) for Construction of the Canterbury Downs' Racetrack , Shakopee , Minnesota Dear Mr . Valentine : This letter will confirm our discussions and express the appreciation of our client , Canterbury Downs Racetrack, for the time of the Minnesota Pollution Control Agency to facilitate an experimental change in the hours of operation at the racetrack . Based upon the preliminary findings and advice of our consultant, Daniel J. Lutengger of Barton-Aschman Associates , Inc . , Canterbury Downs Racetrack is proceeding to announce their intention to undertake evening racing beginning Wednesday, October 8, 1986, with the first race to begin each evening at 7 : 00 p.m. It is the belief of our client that this change will be a more suitable time for operation and should not cause any significant problems . We recognize that these new hours are on an experimental basis to determine the feasibility of such an operation and that any permanent change in hours of operation to 7: 00 p.m , may require MPCA approval of a modification of the existing Indirect Source Permit 84-3. As we proceed, we will conduct to the OCT 6 1986 C'IT`E" OF SR�p.KOP�c MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Police Station Roof DATE : September 30, 1986 INTRODUCTION: The police station roof is still leaking after having it patched in June. BACKGROUND: The roof repair is budgeted for 1987 . I don' t think we should wait until 1987 . We are having infiltration of water into Bisek' s office causing mold in the carpet and paneling. It is also causing window casement problems in the highway patrol office. ALTERNATIVES: 1 . Do the roof repair now before any further damage occurs . 2. Wait and do the roof repair in IDS7 , as budgeted. RECOMMENDATION: Have the roof work on the police station done in 1986 before winter. ACTION REQUESTED: Authorize staff to advertise for bids for a carbile roof and offer Resolution No. 2637 , A Resolution Amending Resolution No. 2457 Adopting the 1986 Budget, and move for its adoption. LH:cah Attachment RESOLUTION 2637 A RESOLUTION AMENDING RESOLUTION 2457 ADOFTING THE 1986 BUDGET WHEREAS, the City Council hasa adopted a budget for the Fiscal year, and kTHEREAS, changing conditions and circumstances warrant amending the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEAROFEE, KINNESOTA, that the appropriations are increased as follows: Fund Catezory Division Amount General 01. 4230 311 31 Police $10, 000 and the increases are offset or funded by increases (decreases) in the following accounts: Fund Account/CateZcrr Division Amount General 01. 4991 911 91 Contingency $10, 000 Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of October 1986. *savor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986. City Attorney MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator Re: Renewal of Employment Agreement between the City of Shakopee and Barry Stock, Administrative Intern DATE: October 3 , 1986 Introduction• The City has several classifications of employees. One classification is Contractual Employee. Barry Stock has been employed by the City of Shakopee for a two year period under a contract that expires October 15, 1986. The purpose of this memo is to review Mr. Stock' s employment status and consider renewal of his contract. Background- Employment Review. Mr. Stock has served the City of Shakopee for two years as an Administrative Intern and in that capacity staffed our Cable Advisory Committee and the Energy and Transportation Committee. He has done an exceptional job in staffing both committees and in carrying out other duties assigned to him. Mr. Stock is an employee the City should strive to keep based on his performance of the past two year. Philosophy of Administrative Intern Position. The normal approach of cities to the use of administrative interns is to make the position a stepping stone position. Under this philosophy a city does not reclassify the position when a particular intern has been with the city for one or two years, but keeps the position classified as an internship thus providing the employee with an incentive to seek a higher paying position in that city or some other city. The question for the City of Shakopee is whether or not this is the philosophy it wishes to keep for this position. Complication created by the Comparable Worth Study. The philosophy discussed above has served this City and others well. The recent development of comparable worth has created a problem for Shakopee and other cities, because the level of responsibility assigned to the position has "qualified" the person filling the position (based upon internal task comparisons) for a higher classification and a higher pay range. There is currently no city that we. can look to to find examples of how this dilemma might be resolved. Further complicating the issue for the City of Shakopee is the possibility that several other permanent employees are "qualified" for salary increases or reclassification based upon the same internal task comparisons. Alternatives: The Council must make two decisions based upon the circumstances outlined above. The first decision is whether or not to renew Mr. Stock' s employment agreement. The second decision is whether or not any reclassification or wage increases should be included in that contract renewal. The alternatives available are as follows: 1. Renew Mr. Stock' s employment agreement with few changes. This would continue his status at the present wage and salary classification. This alternative would surely encourage him to seek employment elsewhere because he is currently being paid a low wage rate at $6. 31 per hour and does not have the appropriate title for the level of work he has been performing. 2 . Renew our employment contract with Mr. Stock and incorporate in it language which would make him eligible for all comparable worth changes when implemented. A draft employment agreement is attached and incorporates language which would implement this alternative. Because the City has been discussing implementation of comparable worth for nearly 12 months this may appear to be so much like alternative no. 1 that Mr. Stock would be again looking for work elsewhere. 3 . Maintain Mr. Stock' s employment classification as a contract employee and/or make his position a permanent employee position. Either alternative could be accompanied with a salary adjustment and a reclassification using our Pay Plan. Under that plan Barry Stock would be eligible for classification as an Administrative Assistant and would be eligible for a pay increase when placed on the four step Pay Plan for that position. This would represent a pay increase from $13 ,125 per year as an Administrative Intern to a minimum rate of $ 18 , 989 per year ( 9. 13/hr) if placed on step one of our current pay plan for Administrative Assistants. This alternative would certainly enhance the City' s chances in keeping Barry Stock as an employee. Furthermore it would be recognizing the level of responsibility he has been handling for the past two years. The problem with this alternative is that we are making reclassification and salary adjustments for him of a "comparable worth nature" , but not for other employees. Recommendation: The City has been able to create a good deal of pay equity and solve a number of personal problems over the last five years through consistent Pay Plan administration. Pay Plan administration has now been complicated by the mandate to implement comparable worth. For the sake of consistency in dealing with employees, and given the yet unresolved complications of comparable worth implementation, I would recommend alternative #2. Action Requested: Authorize the appropriate City Officials to enter into a one year employment agreement with Barry Stock as Administrative Intern at the rate of pay of $6. 31 per hours. JKA/jb EMPLOYMENT AGREEMENT SECTION ONE Terms of Employment The term of this Agreement shall be for a period of one year, commencing October 15, 1986, or until the position is made a permanent position or the City begins implementation of its Comparable Worth Plan. All procedure affecting wage rates and job classification incorporated in any comparable worth plan shall apply to this contract including retroactive pay for 1986. SECTION TWO Compensation of Employee Employer shall pay Employee, and Employee shall accept from Employer, in full payment for Employee' s services hereunder, compensation at the rate of $6. 31 per hour for services rendered for a normal 40 hour week, with overtime or compensatory time to be paid for work in excess of a 40 hour week when authorized in advance by the Employee ' s supervisor. Annual percentage increases authorized for all other City employees will be applied to the stated initial wage rate. Attendance at evening meetings as outlined in the employee ' s job description shall be considered a part of the employee ' s normal 40 hour work week. The employee shall plan his schedule such that it conforms to a 40 hour work week, unless, at his election and with prior approval, he chooses to work more than 40 hours, in which case he may carry over compensating time on the basis of one hour of compensatory time for one hour worked. SECTION THREE Employee Benefits Hospitalization Insurance and Long Term Disability. Employer shall provide to Employee such group hospitalization and long-term disability insurance as is pro- vided to full-time employees of the Employer, and on the same basis . Life Insurance: Employer shall provide to Employee such group term life insurance as is provided to full-time employees of the Employer, and on the same basis . Vacation, Holidays and Sick Leave: Employer shall provide to Employee such vacation, holiday and sick leave as is provided to full-time employees of the Employer, and on the same basis . SECTION FOUR Other Terms If not otherwise established by this contract, all other terms of employment shall be established by the Shakopee Personnel Policy as adopted, March 5, 1980, and periodically amended. SECTION FIVE Job Description A complete job description outlining the employee ' s duties is attached and made a part of this agreement. SECTION SIX Execution In witness whereof, the parties have executed this Agreement at Shakopee, Minnesota on the day of , 1986 . EMPLOYEE EMPLOYER Mayor City Clerk City Administrator CITY OF SHAKOPEE PUBLIC WORKS DEPARTMENT MEMO TO: John Anderson - City Administrator FROM: Jim Karkanen - Public Works Dept. SUBJECT: Status change - Dorothy McPherson DATE: Oct. 1, 1986 INTRODUCTION: The Public Works department is requesting a status change in employment for Dorothy McPherson from temporary part-time to permanent part-time as the Secretary- Receptionist for the department. This change is requested because she works more than 120 working days per year, and the Finance Department said it creates a problem with PERA contributions. It will also clarify her employment position with the City of Shakopee. BACKGROUND: Dorothy has been a temporary part-time employee for the past 4 years, and has done a good job as a receptionist, taking phone calls, typing and maintaining our record keeping system. Since we will be computerizing our record keeping system this winter, we would like Dorothy to be involved with the changeover, from the onset, as we implement the computer changeover. Dorothy was provided to us originally by the CETA program in June of 1983 until the program funding expired that fall. The following year, we requested another part- time person for the season, and we were referred to Minnesota Job Services, who screened all of the applicants for us from their eligibilty roster. We were never shown their applicant list, so we remained impartial to their screening process. All of the persons on the eligibility list were given the GATBY test after they were interviewed, and screened by Pete Holmstrom, who was the JOB Services Director. The screenings, interviews, and tests, were coordinated by Jean Sinnell, who supplied the applicants under the auspices of the MEED and WIN programs. After the interviews were completed, both Jean and Pete recommended Dorothy for this position. She was subsidized by these programs until their funding expired, then paid a part-time salary by the City of Shakopee under General Fund budgeting as a part-time worker. Dorothy currently works a 4 hour daily shift at $ 5.00 per hour, and is satisfied with this schedule, which gives her enough time to update her records, perform various tasks which are scheduled for her. These tasks consists of working with the Tree and Weed inspector, sending out the citations, notices, contracts, scheduling curbsides, coordinating the contractors, as well answering the phone, updating our records, typing. r and general office duties. She also runs parts for the Mechanic, which enables him to stay in the garage area, instead of having to constantly leave his work station. She has been with our department long enough, to be able to handle phone calls and inquiries in regard to our departmental policies. She has, on many occasions, been lent out to other departments to assist these offices, when needed. Because of Federal cutbacks, the CETA programs have been virtually eliminated, except for the Summer Youth Employee program, which generally operates from mid-June until mid-August. This Summer Youth Employment program has not been able to supply us with any workers for the past several years, probably because they only pay minimum wages for a short duration. We have resorted to hiring secondary college students, lately, during the summer months as part-time workers, and this is only during the summer vacation schedule. Page 2 continued - ALTERNATIVES: 1. Advertise for another person for this position at Public Works as a part-time Receptionist. 2. Not fill the position. 3. Hire Dorothy as a permanent part-time Receptionist, changing her status from temporary part-time to permanent part-time: . Her normal workday will be 4 hours per day. Because she had already been screened, tested, and interviewed by Minnesota Job Services, I feel that we have already met the Equal Opportunity guidelines for hiring practices. RECOMMENDATION: Alternative #3, . . .with the expense coming from the current 1986 Street Division Budget and the same Division for 1987 using the increased budgeted for part-time. This is a .33¢ per hour increase and will make Dorothy eligible for a pro rata share of all employee benefits. ACTION REQUESTED: Authorize the Public Works department to change Dorothy McPherson from temporary part-time status, to permanent part-time status as a Receptionist, Step 9 on the Clerical Pay Plan for the Public Works department at $5.33 per hour. MEMO TO: Mayor & City Council FROM: John K. Anderson, City Administrator RE: Buy-Back of Police Holiday Time DATE: September 23, 1986 Introduction The City contract with police offficers provides that the City, at its option, may buy-back from police officers any holiday time earned but not used in any given year. Request This year we have received two requests. One from Sgt. Kenneth Hanel for a buy-back of a total of 21.6 hours and one from Officer David Nelson for a buy- back of 88.0 hours. Our union contract provides no flexibility for the City in responding to the buy-back request. Historically the City has had a minimum buy back requests. Recommendation I recommend that we comply with our contract and buy-back the hours requested. Action Requested Pass a motion authorizing the appropriate City offficials to buy-back 21.6 hours of earned but unused holiday time from Sgt. Kenneth Hanel and 88.0 hours of earned but unused holiday time from Officer David Nelson. JKA:mmr City of Shakopee 1 POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 - Tel. 445.6666 TO: CITY OF SHAKOPEE FROM: OFFICER DAVID NELSON, SHAKOPEE POLICE DEPARTMENT DATE: SEPTEMBER 23 , 1986 SUBJECT: HOLIDAY HOURS I am requesting the City of Shakopee to buy back from me the holiday time-off hours I have earned and not used for the year 1986 . As of this date I have not used any holiday hours. I am requesting the City of Shakopee buy back the holiday time off-hours in the amount of 88 hours. Officer David Nelson JO 1-7- City of Shakopee l } POLICE DEPARTMENT 476 South Gorman Street - SHAKOPEE, MINNESOTA 55379 Tel. 445-6666 TO: CITY OF SHAKOPEE FROM: SGT. KENNETH HANEL, SHAKOPEE POLICE DEPARTMENT DATE: SEPTEMBER 23, 1986 SUBJECT: HOLIDAY HOURS I am requesting the City of Shakopee to buy back from me the holiday time-off hours I have earned and not used for the year 1986 . As of this date I have used 66 . 4 hours. I am requesting the City of Shakopee buy back the remaining 21. 6 hours. Sgt. Kenneth Hanel rr.. r-7.. n_ PUBLIC WORKS✓DL=);tiRTN..I.T n KEMO � TO: John Anderson - City Administrator I �- FRONT: Jim Karkanen - Public Works Dept. SUBJECT: Sidewalk maintenance on Marschall Rd. DATE: Sept. 11, 1986 INTRODUCTION: Because of our increased workload, the Public Works department is requesting direction from the City Council to cease the temporary maintenance on the sidewalks and boulevards on Marschall Road (County Rd.n17) , and East Shakopee Av. from Pearson school to Marschall Rd. This request is in response to the City "Goals and Objectives" from 1985 and 1986 work sessions which state: SUBGOAL 3.19C OBJECTIVE - "Discontinue the temporary sidewalk maintenance on County Road 17 and East Shakopee Av. (From Pearson school to CR 17) . When this roadway was completed, Council instructed the City crews to plow them, until more occupancy on the R/W was established for sidewalk responsibility. This problem could be compounded with the construction of more sidewalks on the East side. Set a date to notify adjacent property owners that they will be responsible for plowing, mowing, etc. " "ACTION: Council should address the temporary sedewalk maintenance along County Road 17 and E. Shakopee Avenue to decide if and when City maintenance will b@ discontinued. Staff will provide a memo on this issue by 6/1/86." BACKGROUND: We have searched the Council minutes in late 1975 and through 1976 and cannot find Council action that directed the temporary maintenance on these frontages. The City Engineer, at that time, had issued the directive to Public Works to do the temporary plowing and mowing, and apparently was conveying tris directive as a result of conversation, rather than as a formal motion from Council. If my memory serves me correctly, this was about the time that the City began maintenance on the sidewalks on 10th Ave, but this maintenance service was given to these property owners as a result of promises made at the public hearings conducted in rea_ard to constructing the sidewalks on the south side of 10th Ave. Therefore, it is my assumption, that the sidewalks on 10th Ave. will remain a maintenance obligation for plowing in the winter season. To my knowledge, the sidewalks on Marschall Road were never discussed, nor included, in the public hearings for 10th Ave. The City of Shakopee entered into an agreement with the County Highway department r in June of 1976, regarding shared maintenance responsibilities on Co. Rd. 17. This agreement basically states that the County highway crews will be responsible for the center portion of the roadway, and the City is responsible for the outer 16 feet from the curbline. By assuming the maintenance of the outer 16 feet, we are then responsible for cleaning the catch basins, and removing snow from the boulevards when it gets too high for good snow storage, and creates a visibility problem. We generally wait for the County to plow the center sections of the roadway, and then our crews will take it out to the curb, with sanding responsibilities shared by both agencies. Currently, the City crews plow the west side of Marschall Rd from 1st Ave. to 11th Ave. , and the east side of Marshcall Rd. from 10th to 11th, and E. Shakopee Ave. from Pearson school to Marschall Rd. In the summertime, most of the property owners maintain their respective boulevards, except the absentee property owners south of the C & NW railroad tracks to the Tom Thumb Mini-mall, and from 10th Ave. on the west side only. Since Riva Ridge Arts. installed their new wooden fence on Shakopee Avenue this f month, it will be physically impossible for us to aet our equipment on the sidewalk in that area because of the narrow pathway between the utility poles, hydrants, and the new fence. ALTERNATIVE: 1. Completely discontinue all sidewalk and boulevard maintenance on Marschall Road and East Shakopee Avenue this fall. 2. Discontinue all boulevard maintenance effective November lst, 1986, but continue sidewalk plowing on Marschall Rd. this season until April 1st, 1987, at which time, the City will discontinue all maintenance service in these areas. The East Shakopee area will not be plowed this winter because of the inability of our equipment to get through the sidewalk near Riva Ridge Apts. A letter will be sent to the affected property owners announcing the cessation of our maintenance involvements in these areas. 3. Continue maintenance on these boulevards and sidewalks as previously performed, until further direction is received from the City Council. RECOMMENDATION: We recommend Alternative T 2, which will give the property owners enough time to make other arrangements for maintenance, and allow enough time for further development on the frontage, which will reduce the drifting problems from the open fields. The Weed Inspector will monitor the boulevard mowing next season. ACTION REQUESTED: That the Public Works department, because of their work load, will cease sidewalk maintenance on East Shakopee Avenue from Pearson school to Marschall Road, but continue sidewalk plowing this winter season until April 1st, 1987, and send a notice to the affected property owners to notify them of this, action. MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer. SUBJECT: Holmes Street Lateral Project Change Order No. 3 DATE: October 1 , 1986 INTRODUCTION: Attached is unange Order No . 3 for the Holmes Street Basin Lateral Project. BACKGROUND: At the intersection of 7th Avenue and Lewis Street, there just happened to be 3 grade conflict points between the storm sewer to be installed and an inplace watermain . Although some grade conflicts were anticipated and a quantity included in the contract , the 3 in this intersection were not anticipated . Charge Order No. 3 provides for a change in the type of work contracted for and the work desired. In effect, instead of 3 lowerings within the intersection utilizing numerous joints, the watermain is lowered through the entire intersection. The result of Change Order No. 3 provides for a better system at roughly the same cost as if the watermain was lowered 3 times at the contract price. The need to execute a change order is due to the different work completed and the additional crossings not anticipated at this intersection. RECOMMENDATION: Approve Change Order No. 3 . REQUESTED ACTION: Move uo approve Change Order No. 3 in the amount of $3 , 500 .00 to the 1986-3 Holmes Street Basin Lateral Project. KA/pm p CHOR3 CHANGE ORDER Change Order No.: Project Name: Holmes Street Basin Date: September 9, 1986 Contract No.: Laterals 1986-1 Original Contract Amount # 941,25 .82 Change Order(s) No. —1thru No. 2 $ 1,600.00 Total Funds Encumbered Prior to Change Order $ 942,85 82 Description of Work to be Added: The Addition of 110 L.F. of Watermain to be Lowered Including all Pipe, Fittings, and Appurtenances. 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. The amount of the Contract shall be increased by 3,500.00 The number of calendar days for completion shall be increased by . Original Contract Amount $ 941,253.82 Change Order(s) No. 1 thru 3 $ 5,100.00 Total Funds Encumbered 946,353.82 Completion Date: September 20, 1986 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;. ���Y= x/e," REVIEWED: .-�- �✓ Shakopee Public Utilities Commission Title Date: - �% U �, Manage APPROVED AND RECOMMENDED: Date City Engineer Date APPROVED: City of Shakopee By: --Mayor DateApproved as to form this day of 19 City Administrator Date City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineerfo— SUBJECT: Railroad Crossing Improvements DATE: October 1 , 1986 INTRODUCTION: The Chicago Northwestern Railroad ( CNH) contacted the City regarding the upgrading of various railroad crossings . At the time , the CNR was receptive to installing rubberized crossing material if supplied by the City and that the work could be completed this fall . Based upon that indication , Council authorized the advertisement of bids for the rubberized material . Bids have been received. BACKGROUND: Four bids have been received as tabulated below : Red Hawk Rubber Co. $70,686 .00 McHenry, Illinois Goodyear Tire & Rubber Co. $72 ,012 .00 Akron, Ohio Hi-Rail Corporation $74 , 052 .00 Chicago, Illinois Structural Rubber Products $89 , 679 .70 Springfield, Illinois The engineer' s estimate for the bids was $80 ,000 .00 . Apparently , the time frame for completion of six crossings ( Spencer to Atwood ) was overly optimistic. The crossings at Lewis and Holmes was in such a condition that the CNR needed to complete repairs as soon as possible . As you may be aware , that work is now completed. The work was done in such a manner that rubberized material can be easily installed next summer as well as conduit installed for burial of communication wiring. Attached is a letter from the CNR indicating that they are interested in a complete corridor improvement to include : Surface crossing improvements Crossing protection devices Protection to parallel traffic Railroad Crossings October 1 , 1986 Page 2 This corridor project would be through a funded program. I have been in contact with Mn/DOT on this very issue and perhaps a project can be worked out with enough support from all agencies contributing to the project ( City , CNR , Mn/DOT , and Federal Highway Administration) . Relative to the bids received , the City has the following alternatives : 1 . Reject all bids and rebid when the particulars or a future project is determined. If everything falls in place , the CNR will probably do any future bidding. 2 . Accept the low bid and purchase the material assuming there will be , as a minimum , a surface improvement project next year. RECOMMENDATIONS: 1 . Regarding the bids received, I recommend rejecting all bids at this time . 2 . I further recommend that the City ambitiously seek a corridor improvement project. Although beyond the six block proposed improvement area, the City may need to take a stand on the opening and closing of crossings beyond the project area as well as proposed removal or unused or under utilized sidings. REQUESTED ACTION: 1 . Move to reject all bids on the Railroad Crossing Improvements Project No . 1986-10 . 2 . Move to direct staff to work with the Chicago Northwestern Railroad and the Minnesota Department of Transportation in pursuing a federally funded corridor improvement project for the railroad corridor in Shakopee . KA/pmp CROSSINGS CHICAGO AND 10 TRANSPORTATION COMPANY ASSISTANT DIVISION MANAGER ENGINEERING September 18, 1986 Shakopee, MN. — City of Shakopee Grade Crossing Rehabilitation Program Ken Ashfeld, P.E. City Engineer City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Ashfeld: The Chicago and North Western Transportation Company thanks you and the City for your willingness to work with us to improve certain grade crossings in the City. After a number of discussions with you, it was decided the crossings of the C & NW's tracks by Louis and Holmes Streets would be rehabilitated. The work would be undertaken in the following manner. Beginning at approx— imately 7:30 a.m. on Tuesday, September 23, 1986, the crossings would both be barricaded and closed to all vehicular traffic. The C & NW forces, at its expense, would completely rebuild the track structures including, but not limited to, the removal of the existing rail, ties, and ballast replacing the same with all new ties, continuous welded rail (CWR) , line and surface the track on fresh ballast, place a soil stabilization fabric, and install the double flange rail type crossing. The track rehabilitation would be done in such a manner that rubber crossing panels could be placed with minimal effort next year if a crossing of this type was decided upon by the City. The City, at its expense, would furnish and place the bituminous surface material through the track zone and the approches to the crossing, and also through the sidewalk area. If one is availble, the City would also furnish to the C & NW a dump site so we may dispose of any debris from the crossing projects. The C & NW would also, in the near future, arrange for meeting with the City and MnDOT to discuss the possibility of a corridor type project through the central City of Shakopee to improve the automatic warning devices and grade crossing surfaces of the six crossings. 275 EAST FOURTH STREET/ST.PAUL,MINNESOTA 55101 /612-221-9318 Ken Ashfeld - 2 - September 18, 1986 If the crossing surfaces would not be a part of the MnDOT funding program, the C & NW would work with the City of see that the crossings in the central City were rehabilitated with either rubber crossing panels or bituminous road surface materials. Please advise if this is satisfactory to the City. If so,, we will arrange to schedule a meeting with MnDOT to determine what assistance can be obtained from them. Very truly yours, FJZ J. E. Terbell Assistant Division Manager Engineering JFK MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: 10th Avenue Overlay Project DATE: October 1 , 1986 INTRODUCTION: The 1987 Capital Improvement Program includes the resurfacing or 10th Avenue from Marschall Road ( CSAH 17) to T.H . 300 . BACKGROUND: Engineering has completed the Project Development and Location/Design Study Report as required by the Federal Highway Administration ( FHWA) for Federal Aid Urban ( FAU ) projects . Attached is the formal approval of that document by the FHWA. The City has been authorized to advance the project to the next phase which is development of plans and specifications. The project consists of repairing isolated problem areas, minor curb repair , upgrading handicap accessibility to sidewalks , pavement markings, and a thin bituminous overlay . Attached is a copy of the report. The estimated project cost is $253 ,000 .00 to be funded as follows : $194 , 800 .00 Federal Aid Urban Funds $ 58 ,200 .00 Municipal State Aid There are two design elements that Engineering requests Council to provide direction, those design elements being sidewalks and storm sewer. Sidewalks : There are no existing sidewalks on the north side of 10th Avenue west of Dakota Street. There is sidewalk along the full length of the south side with pedestrian cross walks at selected intersections. The question is the need for sidewalk on the north side. I suggest the criteria for the need would be based upon the volume of pedestrian traffic using the north parking lane in disregard for the sidewalk on the south . This use of the parking lane is an unsafe condition in this traffic environment and could be studied further if Council feels there is enough pedestrian traffic on the north side to warrant the study . There are approximately 24 blocks on the north side that are void of sidewalks and the estimated cost for sidewalks in this area , including restoration, is approximately $6 ,200 .00 per block. 10th Ave. Overlay Proj . October 1 , 1986 Page 2 Storm Sewer : Storm drainage on 10th Avenue is controlled by a combination of storm sewers and cross swales. The major area of drainage problems existing on 10th Avenue is between Apgar Street and Atwood Street. Atwood Street does not have a. drainage problem in itself with the exception of a drainage swale across the main stream of traffic. This drainage swale was improved in 1982 and is still in good condition. With the presence of the storm sewer constructed this year on Apgar Street as far south as Shakopee Avenue , although in good condition, the cross swale at Atwood can now be eliminated as well as other drainage problems with a relatively short extension of the existing storm sewer. The attached sketch indicates the possible storm sewer extension with an estimated cost of $63 ,000 .00. Regarding FAU funding, sidewalk and storm sewer are qualifying work items. Our FAU fund will be depleted by the estimated FAU share of $194,800 .00 for improvements proposed to date. Since a City' s FAU fund cannot be in excess of that City ' s four consecutive years of allotment, Shakopee has lost some funding due to inactivity of projects. Mn/DOT indicated that they could try to find additional funding for storm sewer and sidewalk cost but could not guarantee the replacement of those dollars lost. There are no assessments proposed by this project since it is not a street rehabilitation project. RECOMMENDATION: Direct staff to prepare plans and specifications for the 10th Avenue overlay project. REQUESTED ACTION: Move to direct the City Engineer to prepare plans and specifications for the 10th Avenue overlay from Marschall Road to Trunk Highway 300 , Project No. 1987-1. KA/pmp 10TH s � - �i a 0 August 27, 1986 Mr. P,ichard P. Braun Commissioner Department of Transportation Room 411, Transportation Building St. Paul, Minnesota 55155 Re: Project Development and Location/ Design Study Report Minn. Pro j. 11 5060() S.P. 166-105-10 Scott County Dear Mr. Braun: A copy of the combined Project Development and Location/Design Study Report for the subject project was submitted with Mr. Gordon M. Fay's August 15, 1986 letter. The proposed improvement involves rehabilitation, resurfacing and safety upgrading of 10th Avenue from CSAR 17 to TE: 300 in Shakopee. Based on information in the Report, we concur: that the proposed project is unrelated to traffic noise; in the determination that no Coast Guard Permit is required; that no threatened or endangered species would be adversely affected; in the State Historic Preservation Officer's determination of no—effect (Memorandum of Understanding); that the proposed project complies with Executive Order 11958, Flood Plain Hanagement (no encroachments); that this action complies with Executive Order 11990, Protection of Wet— lands (no encroachments); in the minimal level project path selection; in the determination that the proposed project is a categorical exclusion. Location and Design as discussed in the Report are approved. Sincerely yours, Roger Borg Division Administrator r /s/ A! s. �r e,en t By: Alan J. Friesen- District riesenDistrict Engineer STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION and CITY OF SHAKOPEE ENGINEERING DEPARTMENT PROJECT DEVELOPMENT REPORT AND LOCATION AND DESIGN STUDY REPORT for 10th AVENUE M5060() State Project 166-105-10 From: CSAH 17 To : T.H. 300 RECOMMENDED i' _ _ �- j..ity Engineer Date REVIEWED AND RECOMMENDED !' Dist. Sa ,e Aid Engineer Date - APPRO i State Aid Engineer ` Date 11;7P,ODUC710t; This Project Development Report and Location and Design Study Report has been prepared and submitted in accordance with the State of Minneso` a Action Plan Guidelines. This reoorr determine the � �-� „o project development path necessary to resurface an urban street within the City of Shakopee . PROJECT LOCATION AND DESCRIPTION The proposed action would resurface 10th Avenue (FAU 5060) within the City of Shakopee , Minnesota. The project termini consists of CSAH 17 on the east and the TH 300 on the west. The length of the proposed project route is 2 . 10 miles . Figure 1 indicates the location of the proposed project route within Shakopee . The inplace roadway is a four lane two-way with parking on each side , urban facility with concrete curb and gutter and minimal in-place storm sewer. The width of the facility from curb to curb is 64 feet with a 100 foot right-of-way . Sidewalk with handicap ramps meeting the City of Shakopee code is continuous from CSAH 17 to T.H. 300 on the south side of 10th Avenue , and is continuous from CSAH 17 to Dakota Street on the North side of 10th Avenue . The traffic volumes (ADT) ranges from 2 , 925 to 5 , 650 as counted in 1983. There are 4 multiway stop locations Placed in accordance with MUTCO "Warrants" Section 2B-6 . The roadway is speed zoned for 30 M. P.H. and the terrain is flat. The existing pavement structure consists of 4 inches bituminous Pavement over varying inches of aggregate base . The in-place roadway was built in segments from 1960 to 1976 . The proposed improvement consists of: Repairing isolated problem areas ( extensively cracked or failed) and provide a minimum bituminous overlay, some minor areas of curb & gutter replacement ( settled areas) , alley approach slab replacement (where severely deteriorated) , installation of new handicap ramps where needed , Placement of crosswalk signs and pavement marking, repair of damaged signs and designated pedestrian walkways. in conjunction with the bituminous overlay, the inplace pavement adjacent to the concrete curb and gutter will be milled to accommodate the thickness of the overlay . Milling will also be necessary to remove severely eroded pavement areas that do not reflect underlying structural problems . Refer to r, r tyr)' ccs U j n _ EU e r or Dropcsed OBJECTTyES Or' 'run PROPOSAL The present pavement structure is showing signs of distress in the pavement section such as alligated cracking, rutting , and severe pavement erosion. The proposed improvement would add an additional 1 . 50 inches of bituminous surfacing Lo provide 1 increased pavement strength and improved serviceatility . This would not only safeguard the City ' s investment but will extend the service life of the facility a minimum of 15 years . Total project costs are estimated to be al prc;:imately v2,53 , CLC . 00 . Federal r.id Urban funds amounting to about i7 percent are anticipated to be used on the project , the balance will be City matching fund and/or tiunicipal State Aid funds . Construction is scheduled for the summer of 1987.. The typical road users are school buses and the general motoring public of this area . The proposed project would eliminate the substandard pavement structure and improve rideability of the surface while also protecting the City ' s investment. PUBLIC AND AGENCY INVOLVEMENT No specific public meeting or hearing was held regarding this project . This proposed improvement is part of the City of Shakopee ' s ongoing pavement preservation program. The City Council passed a resolution authorizing the Commissioner of Transportation for the State of Minnesota to act on behalf of the City of Shakopee for approval of improvements to 104.--h Avenue as a Federal Aid Project. The Metropolitan Council , the Regional Development Commission for this area, will review this Project Development Report and thereby be notified of the project . Tt is highly unlikely that a restoration project of this nature would be inconsistent with their policies . The project is consistent with local planning goals . ENVIRONMENTAL STUDY To date , no significant environmental impacts have been identi- fied . The nature of the proposed projects should have no significant impact on the environment. There will be no land takings as defined by Section 4 ( f) of the Department of Trans- portation Act of 1968 . There will be no permits required by Section 404 of the Clean Water Act of 1977 or the Corps of Engineers. k RIGHT 0P WAY The existing right of way is 100 feet. All work will be per- formed in the existing right of way . if any additional work would be needed this would be accomplished within the existing right of way. No homes or building s will be taken by these projects. 2 AIR QUALITY quai� t1 impact of the proposed improvement has been -he pre C1 r � l � • i%cseq lm pr q�/ement fS n `^� .... - C ,ii icant , _ of a., C -Pated to have a= r gUG- :- ty iii,pacts ar,d is considered to be con— sistent with the approved State Implementatior, p consultation with the Minnesota Pollution Control Agency ,cion required by FHPi1 7-7-g Air Qualit Guide �, Agency , as the air cualit anal Y lanes and he detail of Y ysis ; s considered to have been accomplished and is documented in and by the Minnesota Pollution Control Agency Memorandum of Understanding. NOISE ANALYSIS This is a bituminous Project . unrelated to traffic noise in accorTherdance, the proposed project is dance to FHPM 7_7_3 , Construction noise has been considered and no i �- pated, as no unique noise receptors have been identified ant lthe areas of the proposed project and the construction activity is not expected to generate unusual or excessive noise . WATER POLLUTION Since this project is primarily resurfacing, affect on flooding, erosion , or sedimentation ,l ` will not have an NATIONAL HISTORIC PRESERVA ION AC This is a bituminous resurfacing pro in the Department i;innesota Departure project and as such is included of Transportation/State Historic Preservation Officer Memorandum of ablishes sati Unaerstanding which est- saaction of the Procedures aor the Protection ristoric and Culp r, A of ural . roperties required by Federal Law. COh'TRO�TEP,SIAL ISSUES There are no known controversial issues connected ; Proposed improvement, w- �r h the AESTHETIC VALUES There will be no demonstrable change in aesthetic or other related values including visual cualit visually more at r L L Y• The roadway will a t, ac . ive �o the user due to the appear nature of the project • h restorative OTHER E�"ECTS The probable socil and economic effects of the is not adverse . The Proposed 1mDr ove- ment project - improvement offers positive 3 effects to the public in regard to transportation quality , social and economic opportunities , and enhancement of work , school , recreational , and similar opportunities. The 4mprovement will immediately provide a better road for area residents. The only probable negative effect to the social and econc-mic environment iz that cf a zhort period of inconvenience during construction operations which will C1Srupt tr of f 1C pattern5. Such disruption shall be Iminimized and probable negative effects will be small or nonexistent . No abutting landowner will suffer economic hardship as a result of the project . ' No detours are proposed as traffic will be maintained during construction. FARMLAND PROTECTION POLICY ACT (FPPA) No right-of-way is to be acquired for the project, therefore the FPPA does not apply . EXECUTIVE ORDER 11988 - FLOOD PLAIN MANAGEMENT This project is a roadway bituminous overlay of approximately 1 . 50 inches in thickness . Because this project will have no affect on waterway opening, stream size, stream location, and no stage increase in water elevation , there will be no chance of increased flooding , no risk to life or property , no impact on natural and beneficial floodplain values , no support of any probable incompatible development in the floodplain, no potential for interruption or termination of any transportation facility and is considered not to be an encroachment in the floodplain. ENDANGERED SPECIES ACT The proposed project is not located within the habitat of any endangered species, listed or proposed, as given in the U.S. Fish and b;ildlife Service Red Book. Therefore, no endangered species will be affected. EXECUTIVE ORDER 11090 - PROTECTION OF WETLANDS There are no lakes or wetland areas situated where any con- struction or related work will be performed as a result of the proposed project . DETERMINATION STATEMENT Based on the Environmental Study and in accordance with 23 CFR Par . 771 . 115 b . ( 13) , it is determined that the proposed action is unlikely to precipitate foreseeable changes on the quality of the human environment and is appropriately classified as a categorical exclusion. 4 °ROJECT PATH SELECTION In accordance with the State of Minnesota Action Plan guidelines, it is proposed that the development of this action will follow a minimal level path as shown below . Project Development Report & Location & Design Study Report March , 1986 Plans, Specification, and Estimate Novenber , 1986 Advertise for Bids February , 1987 PROJECT MANAGER The manager for the development of this project is Ken Ashfeld, Shakopee City Engineer . For further information regarding this report , contact should be made with the City of Shakopee En- gineering Department at : Shakopee City Hall 129 E. First Avenue Shakopee, MIS 55379 (612) 445-3650 LOCATION & DESIGN STUDY REPORT No location alternatives were considered for this bituminous overlay project. Design traffic volume is 8180 vehicles per day . The adjacent terrain is flat. Surface Width : 64 feet with concrete curb & gutter. Design Speed : 30 MPH Design Strength : 9 tons No Horizontal Curves. No Gradient Problems. No Stopping Sight Distance Problems. The design will be in accordance with the MnDOT/FHWA RRR Work Program. This project will enhance safety by : improving the riding surface of the street and by improved identification of crosswalk areas . 5 rn Oil CID F A U 50'6-772= - - IMP _ - - --n _it. t.-- 11,•--mit tr • "J•,• •.-� � " fir.::. = ,•• ''. \ t CD y- FAU 5058 � !1 w I r1�t•��• 1��� III r � r - FIGURE 1 641 r- AREA TO BE MILLED 6f r-- 1.5 BITUMINOUS OVERLAY 6' � EXIST. 4`1 BIT. PAVEMENT �- EXIST. BASE MATERIAL (DEPTH VARIES) � Qth AVE. TYPICAL SECTION FIGURE 2 prn inc. MIDWEST PAVEMENT M AINT--kGEAIENT, INC. PAVEMENT MANAGEMENT CONSULTANTS Suite 630.15500 Wavzata Bouevard Wavata. Minnesota 55391 (612) 475.9957 i August i 1_3, _982 I ! Mr. H. R. Spurrier, P.E. City Engineer C=TY OF SHAKOPEE 129 East First Avenue i Shakopee , Minnesota 55379-1376 i i Dear Mr. Spurrier: We have done a prel_m.inary a_*zalysis of the testing on the streets ! which you spec_fied for resurfacing consideration. This letter su=arizes our reCo^.' i!endation based on the tests wade on July 21, 1982. These are considered 1n two groups ;. 1 !Otn Avenue , and (2) the side streets tested on the west end of Shakopee south of 6th Avenue and west of C .S .A.H . 15) . ( 1) Tenth Avenue was tested from ' Mi _i o_• Street to _':"_rison Street . A total of 63 tests were run on the 12 ,700 feet (2 . 37 -,; les) . The Road Rater deflections were converted to Eenkelmmen Beam deflectiCnS and tOnr.aKeS C^�1Cuj.2ted based on Mm/DOT standard procedures. The street tested Out to an 8. 6 ton road based on these criteria. This indicates that a mi^.imum overlay would be appropriate to level the' surface . Other options would be to remove and replace the existing surface or a Chip seal coat . Specific areas should be considered before resurfacing. Criteria used with the Road Rater, in addition to deflections , are the deflection basin (spreadability) . Tne specific values used are . (1) Maximum deflection greater than 0 . 075 -n. (2) Spread-ability less than 45% . The maximum value of spring deflection is set to m4" mize fatigue failure of the surface. A low spreadability means the pavement section is relatively weak. tt A D—id 1, H"It+ 1, inc. Mr. :. R. Sour_.i e^, � . . . -2- AllSUSt 1082 A prediction of subgrade strength can also be made using the No. 4 sensor of the Road Rater. This value is shown as Es� (modulus of the subgrade ) and as R4 (stabilometer R-value ) based on the No. 4 sensor. Es is shown in 1000 ' s psi and the column headed R4 is a Prediction of R-value directly. A rough prediction of CBR can be rade by dividing Es by 1500. i Areas where high deflection or low spreadability occur are as follows : Tenth Avenue : H, > h deflections : (1) 4217 ft. from Miller near Market Street 'mere is some alligator cracking at this location indicating the need for repair with a catch. (2) 12 .203 ft. from Miller near Van Buren Street There is some longitudinal cracking which should be repaired or filled before overlay. Low SOreadability i "_.here are no sections of 10th Avenue tested which showed this condition. . On 10411-h Avenue, Es varies from 5000 at the Van Buren- Street Iocation . to a high value of 20 ,000 near Clay Street . These represent CBR' s of about 3 to 13. Most of the values of Es are between 10 , 000 and 15,000 ( CBR of 6 to 10 ) . These represent R-values from 7 to 34. Most R-values are between 12 and 25. A minimum overlay to renew and level the surface is therefore recommended. A Mn/DCT 2341 or 2361 specification mix should be used. Asphalt content and other mix characteristics will depend on the aggregate used. Other alternatives would be to remove a-rid replace the existing sting surface using the Mn/DOT recycling specification 2332 -or a chime seal coat .- H R . S_ur. _er August i j , 1982 The sections south of Sixth Avenue and west of C .S .A.H. 15 include the following segments : Calculated Tonnaze 7th Ave; Madison — C.S .A.H. 15 7 . 3 12th Ave ; Tyler — Polk 11 . 1 12th Ave ; Monroe — C.S .A .H. '15 8. 5 Quincy St; 12th — 11th 10 .0 Jefferson St; 6th — 10th 9 .4 Jefferson St; 10th — 12th 10 .0 Madison St; 6th — 12th 9 .3 Monroe St; 10th — 6th 7.4 Monroe St; 12th — 11th 10.6 Jackson St; 6th — 10th 10 .7 Jackson St; 10th — Circle 6 . 9 Van Buren St; 11th — 6th 7 .5 Harrison St; 1011.1 — 12th 9. 1 Tyler St; 12th — 11th 7 .4 The present tonnage calculated based on the Mn/DOT strength testing criteria are listed following each section. Based on these tonnage values , there is no need to increase the strength of these sureets to bring them to a 7—ton capacity. if there is a need to overlay because of surface wear, weathering, or cracking, a xini:..um t ness op overlay =ix or seal coat would be adequate. There are some areas noted with relatively high deflections and/or low s_rreadability which should be looked at before resurfacing. These are : 1 . 71.-h Ave ; Madison — Circle . 400 to 500 feet from f-Iadison the de=iecz,ioas are high. This area is alligatored and should be repaired be—fore resurfacing. The spreadability is also low near Madison Ave . where there is some a'_ligatoring. 2 . 12th Ave; Monroe to C . S. A.H. 15 . About 460 feet from Monroe ;,here is an area of slig:�:-yy high deflection. A A R N h InC. Mr. H. R • ' August 13 , 1082 3 • Madison: Eth0 �0 1 2th. About 9"7feet from 6th there is an area of slig.*I-)y nigh deflection. 4. Monroe: 10th to 6th. About 600 feet f i rom. l0th there is an area o� hi n deli �- �+ ` g e,, , on. (This is a patched area) . 5 • Jackson: 10th-Circle. inhere are areas of high deflection at adou� loo DOC) The spreadability atlene '22pOjrand 2105 feet from Jackson. moot location is low indicating 6 in this area. the surface is weak 6 . Van Buren; 111h-6th. 1 560 feet from 11th there is an area f s==gh�_y nigh aeflec „ion. r- , o� There is no distress here , n0 repair needs to be done . � • 7• 1napr; 12th td. -here is 11h. At 300-400 Feet a Wean area The weak areas noted are localized With a patch or leveling of a depression. The could be corrected for these pave=encs �h„ level of strength "'ria cot►_d 'benOwS tha a mini mal resurfacing would be ade- replace t-' in the form of a thin overlay Lne surface or use a chi-D seas 9 remove and Should be done to Mn/DOT speci_i� coa;. Any o_ these cztions r ..a l OnS . A lull report On the testing done b =nc. for the City y MidwestPavementManagement,o` Shak: ee will be available in -he next few Weeks. if you have a.*: �• 1 tions , please call. s "1ens on nese preliminary recommenda- Sincerely, ?SIDW.^.S i PAVEMENT MANAG 2 2ii T, TNC. Lugene L. Skok, Jr. , PhD . President SLS/Smh I Cl 7,H r:C':_—raAY !—?I.HUT=50 READING-3 "HILS..) 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E-+ H H Cl) cd H a s-q O r1 U O C C O O O O O O O O O O N cd U r-♦ H r-i r-I rl H H r-1 r1 r-I r-1 E C7 a O O O o 0 0 0 0 0 0 0 0 r-I H H H r{ r•� r-1 r-1 r� r-I H H Q an d U O O O 00 00 00 00 m m co co co f.:_,I C co 12. r1 H M C O O C C C O O O M M M O O O O O O O O O N c H N H C O O O C O C O O O H H M C O C O O O O O O +-> v M M M O O C O O O C O O u O U O O N N N CO r-1 t- N r I O M M N N N M N M N N N M M N G\ D\ D1 O\ O\ G\ a1 a\ (J\ -� •ri r I r1 H H H H H r4 H H H rl Q1 O O O 03 00 00 c0 Cc) co CO 00 MEMO TO : John K. Anderson, City Administrator J 3 FROM: Judith S . Cox, City Clerk RE : Amending City Code to Permit Hunting North of the River DATE : October 3 , 1986 INTRODUCTION AND BACKGROUND: On June 3, 1985 the City entered into an agreement with the Depart- ment of Natural Resources . The agreement provides that the City will amend the city code to permit the use of shotguns with shotshells or bows and arrows for public hunting north of the Minnesota River in the corporate limits of Shakopee for property owned by the DNR north of the River within the corporate limits of Shakopee. The city attorney has prepared the attached ordinance for council action. A revised ordinance will be on the table which will amend Section 10. 20 Subd. 4, paragraph B5 by expanding the area where such hunting is allowed versus the attached ordinance exempting the DNR property from Subdivisions 3 and 4 of Section 10. 20. ALTERNATIVES : 11 Adopt Ordinance No. 2C7 2] Don' t adopt Ordinance No. 207 RECOMMENDED ACTION: Offer Ordinance No. 207 , An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code , Chapter 10 Entitled "Public Protection, Crimes and Offenses" by Adopting A New Paragraph D to Subd 4 of Sec . 10. 20 and Adopting by Reference Shakopee City Code Chapter 1 and Section 10. 99 Which Among Other Things Include Penalties, and move its adoption. jc ORDINANCE NO. 207 Fourth Series An Ordinance of the City of Shakopee, Minnesota, amending Shakopee City Code, Chapter 10 entitled "Public Protection, Crimes and Offenses" by Adopting a new paragraph D to Subd 4 of Sec 10.20 and Adopting by Reference Shakopee City Code Chapter 1 and Section 10.99 which among other things include penalties THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I: New Section added to Subd 4 as follows: D. Nothing in Subdivisions 3 and 4 of Sec. 10.20 shall apply to lands in the City of Shakopee located in Section 1, Township 115, Range 23, lying northerly of the Minnesota River. SECTION II: Adopted by Reference The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Sec. 10.99 entitled "Violations a Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III: When in Force and Effect After the adoption, signing and attestation of this Ordinance it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect 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. ATTEST: Mayor of the City of Shakopee City Clerk Prepared and approved as to form this lst day of October, 1986. ity Attorney STATE OF 3 LL/ [rte rte. EEZ Oo Ir " DEPARTMENT OF NATURAL RESOURCES PHONE NO. 445-939's FILE NO. r, vE: Sept. 22, 193)G 223 m ildlife anager , 223 Holmes Street, Room 101 Shakopee, 12T 55,379 SEP 1986 Shakopee Citi* Council c/o John 1-iderson, Administrator CITY O HAK C'PE 129 1st Av. East Shah,opee, T",T 55379 Dear Council Members: This is to inform you that the Department of natural Resources has acquired the property of the Hilda Ragaet estate in the Citi; of Shakopee. The tract is described on the attached deed and nap. Pursuant to the agreement , finalized on June 39 1985, between the City and the Department, I request that the Council amend City Code 10.20, Subdiv. 41 to allow the discharge of shotguns vrith shotshells or bows and arrows for public t your action at the earliest convenience hunting in the described area. I reques since I would like to get the area posted and opened by early October. Thank you for considering this matter. No special shotgun-slug deer hunt is planned for this fall. The City of Chanhassen has already amended its ordinance to cover the rest of this property. ?S *ncerel-, P arker. a Wildlife 1.1anager AN EQUAL OPPORTUNITY EMPLOYER ) 3� ORDINANCE NO. Fourth Series An Ordinance of the City of Shakopee, Minnesota, amending Shakopee City Code, Chapter 10 entitled "Public Protection, Crimes and Offenses" by Repealing B-5 of Subd 4 of Section 10.20 and by Enacting a new B-5 of Subd 4 of Section 10.20 and by Adopting by Reference Shakopee City Code Chapter 1 and Section 10.99,which among other things include penalties THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Repeal B-5 of Subd 4 of Sec. 10.20 is hereby repealed. SECTION II: Adoption of a New B-5 of Subd. 4 of Sec. 10.20. That the area within which the shooting is done lies south of 13th Avenue extended easterly and County State Aid Highway #16 and east of Spencer Street also an and County Road #79 afid j-. 'area within which said shooting is done lies in Section 1, Township 115, Range 23, Scott County, Minnesota lying northerly of the Minnesota River and westerly of U.S. Highway 9x169. SECTION III: Adopted by Referencd The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Sec. 10.99 entitled "Violations a Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION IV: 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 publicaion. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1986. ATTEST: Mayor of the City of Shakopee City Clerk Prepared and approved as to form this 7th day of October, 1986. C' Attorney Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Delinquent Storm Drainage Bills Date: October 3, 1986 Introduction & Background Attached (on the table) is a list of the delinquent storm sewer accounts for the first and second quarters of 1986. There are approximately 225 accounts that are delinquent (approx. $20,000) including both the yearly and quarterly accounts. Third quarter bills have just been mailed, so therefore even the 2nd quarter bills are approaching 90 days past due. Accounts that have only the penalty as their past due amount (usually 69 cents to $5.00) have been eliminated from the list. The City Attorney has said that all Council needs to do to put the delinquent charges on next years taxes is to pass a resolution to that effect. Staff will follow-up with a notice to those accounts. If payment is received by December 31, 1986 the delinquent amount will be removed from the parcel's 1987 tax statement. Since there already is a penalty included for late payment no additional interest is added for being placed on the tax rolls. Action Offer Resolution No. 2638. GMV:mmr RESOLUTION NO. 2638 A RESOLUTION CERTIFYING DELINQUENT STROM DRAINAGE UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1987 WHEREAS, the Shakopee City Council did create a storm drainage utility pursuant to ordinance number 176, and WHEREAS, the storm drainage utility is supported by user fees collected by utility bills, and WHEREAS, some utility bills are delinquent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, that the delinquent storm drainage utility bills on the attached list are hereby certified to the Scott County Auditor for collection with the 1987 property taxes. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1986. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986. City Attorney SPECIAL ASSESSMENT ROLLS f � PID M NdIC CD LEVY AMT 270010230 27 73 $15.16 270010280 27 73 $25.34 270010290 27 73 $14.45 270010400 27 73 $80.03 270010601 27 73 $130.07 270010611 27 73 $23.33 270010810 27 73 $22.24 270011060 27 73 514.45 270011190 27 73 $325.44 270011191 27 73 $107.73 270011211 27 73 $53.32 270011240 27 73 $20.58 270011280 27 73 5156.74 270011300 27 73 $93.40 270011340 27 73 $26.69 270011420 27 73 $22.24 270011501 27 73 $20.02 270011520 27 73 $60.03 270011650 27 73 $36.70 270011901 27 73 $16.68 270011940 27 73 514.45 270012220 27 73 514.45 270012510 27 73 $33.37 270012690 27 73 $22.24 270012900 27 73 514.45 270012960 27 73 514.45 270012961 27 73 SI4.45 270013020 27 73 $14.45 270013120 27 73 $14.45 270013270 27 73 $16.04 270013300 27 73 $22.24 270013640 27 73 $10.85 270013840 27 73 514.45 270014090 27 73 $22.24 270014130 27 73 $10.85 270015120 27 73 514.45 270015150 27 73 $14.45 270015430 27 73 $22.24 270015721 27 73 $10.85 270015730 27 73 $10.85 270015800 27 73 $14.45 270016340 27 73 $22.24 270016990 27 73 $14.45 270017130 27 79 $10.85 270017830 27 73 $10.85 270018030 27 73 $10.85 270018280 27 73 $14.45 270018620 27 73 $57.99 270018650 27 73 $107.73 270020260 27 79 $22.24 270030030 27 73 $26.65 270030210 27 73 $14.45 270030220 27 73 $107.73 270040050 27 73 $14.45 270040100 27 73 545.55 270040130 27 73 $14.45 SPECIAL ASSESSMENT POLLS PID MUNIC CD LEVY ANT 270040230 27 73 $14.45 270040470 27 73 $14.45 270040640 27 73 $37.76 270040740 27 73 $14.45 270041100 27 73 $14.45 270041520 27 73 $14.45 270041521 27 73 $13.21 270041660 27 73 $14.45 270041690 27 73 $14.45 270041710 27 73 $14.45 270060170 27 73 $126.18 270060190 27 73 $71.07 270100170 27 73 $14.45 270120090 27 79 $22.24 270120640 27 73 $10.85 270120750 27 73 $14.45 270150130 27 73 $127.73 270150140 27 73 $27.09 270170010 27 73 $15.00 270170160 27 73 $14.45 270170400 27 73 $14.45 270170500 27 73 $14.45 270170630 27 73 $14.45 270170790 27 73 $14.45 270230010 27 73 $14.45 270240040 27 73 $14.45 270240110 27 73 $14.45 270240140 27 73 $7.22 270240360 27 73 $14.45 270240400 27 73 $14.45 270240590 27 73 $14.45 270240750 27 73 $14.45 270240790 27 73 $14.45 270241110 27 73 $14.45 270250050 27 73 $14.45 270250060 27 73 $14.45 270270250 27 73 $88.85 270310020 27 73 $14.45 270310100 27 73 $14.45 270310150 27 73 $14.45 270310210 27 73 $14.45 270310260 27 73 $14.45 270340130 27 73 $14.45 270340300 27 73 $14.45 270360140 27 73 $14.45 270360280 27 73 $14.45 270360380 27 73 $14.45 270360430 27 73 $9.63 270360470 27 73 $14.45 270360630 27 73 $14.45 270360640 27 73 $14.45 270360660 27 73 $14.45 270370040.._._.r...._.._.--.27. r _�..73w .. $14.-45-- - 270390090 27 73 $14.45 270390100 27 73 $14.45 270400260 27 73 $14.45 SPECIAL ASSESSMENT ROLLS PID RUNIC CD LEVY AMT 270400290 27 73 $14.45 270400470 27 73 $14.45 270410010 27 73 514.45 270410080 27 73 $14.45 270410100 27 73 $14.45 270430030 27 73 $14.45 270430040 27 73 514.45 270430060 27 73 514.45 270470010 27 73 $14.45 270470100 27 73 514.45 270470220 27 73 514.45 270470230 27 73 514.45 270520090 27 73 $14.45 270520100 27 73 $14.45 270520130 27 73 514.45 270530010 27 73 $14.45 270530080 27 73 $14.45 270560140 27 73 $14.45 270570020 27 73 $55.53 270570030 27 73 4131.06 270590010 27 73 $14.45 270590040 27 73 514.45 270600040 27 73 514.45 270610190 27 73 $14.45 270610230 27 73 414.45 270620050 27 73 $14.45 270630040 27 73 414.45 270630250 27 73 414.45 270640030 27 73 514.45 270650300 27 73 $14.45 270650320 27 73 S14.45 270720150 27 73 $14.45 270740110 27 79 514.45 270820140 27 73 514.45 270840190 27 73 $14.45 270840280 27 73 514.45 270840320 27 73 S12.44 270860020 27 73 $1034.06 270920010 27 73 514.45 270920030 27 73 514.45 270920150 27 73 $14.45 270920151 27 73 $14.45 270920170 27 79 514.45 270920171 27 73 514.45 270920370 27 73 $14.45 270920400 27 73 $14.45 270920440 27 73 $14.45 270920450 27 73 $14.45 270920460 27 73 514.45 270920470 27 73 $14.45 270970030 27 73 514.45 271000010 27 73 $60.14 271020050 27 79 $14.45 271020070 27 73 $14.45 271020090 27 73 514.45 271020130 27 73 514.45 SPECIAL ASSESSMENT POLLS PID M UNIC CD LEVY AKT 271020140 27 79 $14.45 271040010 27 73 $15.54 271040030 27 73 $19.11 271040040 27 73 $12.44 271040050 27 73 $13.32 271040071 27 73 $14.45 271040080 27 73 $16.87 271060030 27 73 $14.45 271110020 27 73 $273.99 271140020 27 73 $14.45 279020230 27 73 $373.26 279020280 27 73 $5.91 279020330 27 73 $44.43 279030010 27 73 $4041.42 279030070 27 73 $344.32 279040010 27 73 $1319.28 279050070 27 73 $249.91 279050080 27 73 $87.74 279050110 27 73 $31.38 279050200 27 73 $104.30 279050260 27 73 $196.98 279050280 27 73 $260.07 279060105 27 73 $379.26 279060410 27 73 $14.45 279070390 27 73 $22.24 279060020 27 73 $14.45 279080060 27 73 $307.91 279080150 27 79 $14.45 279080280 27 73 $14.45 279080320 27 73 $8.15 279080630 27 73 $14.45 279090130 27 73 $6451.76 279120010 27 73 $136.06 279120031 27 73 $586.45 279120140 27 73 $444.28 279130350 27 73 $14.45 279130380 27 73 $14.45 279130550 27 73 $14.45 279130640 27 73 $14.45 279130730 27 73 $14.A5 279140012 27 73 $277.67 279140060 27 73 $14.45 279140070 27 73 $14.45 279140090 27 73 $14.A5 279140122 27 73 $14.45 279150200 27 73 $14.45 279150350 27 73 $14.45 279180091 27 73 $14.45 279180100 27 73 $14.45 279180130 27 73 $14.45 279190010 27 73 $14.45 279200060 27 73 $14.45 279290010 27 73 $14.45 279290071 27 73 $14.45 279290091 27 73 $14.45 SPECIAL ASSESSMENT ROLLS PID MUNIC CD LEVY AMT 279290160 27 73 $14.45 279300043 27 73 $14.45 TOTAL CERTIFIED AMOUNT $21795.10 END OF XEQ FILE r RESOLUTION NO. 2631 A Resolution Requesting the Minnesota Department of Transportation to Provide Traffic Control Devices on Trunk Highway 101 Within the City of Shakopee WHEREAS , The City Council of the City of Shakopee is continually interested in improving the traffic operations on streets and highways within the City ; and, WHEREAS, the City Council wishes to have installed certain traffic control devices on Trunk Highway 101 to improve traffic flow conditions at the intersection of Trunk Highway 101 and Holmes Street. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: hereby requests the Minnesota Department of Transportation to install the necessary traffic control devices on Trunk Highway 101 within the City of Shakopee to provide advance warning and control the full time prohibition of turning movements from westbound Trunk Highway 101 to southbound Holmes Street. Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of 19 City Attorney +�1fId 13 MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Enginee/5W—"' SUBJECT; Resolution Requesting Traffic Control Devices from Mn/DOT DATE: September 26 , 1986 INTRODUCTION & BACKGROUND: At their September 16 , 1986 meeting, Council directed staff to prepare a resolution requesting Mn/DOT to prohibit westbound T.H. 101 to southbound Holmes Street turning movements on a full time basis. Attached is that resolution. REQUESTED ACTION: Offer Resolution No. 2631 , A Resolution Requesting the Minnesota Department of Transportation to Provide Traffic Control Devices on Trunk Highway 101 within the City of Shakopee and move its adoption. KA/pmp MEMO MEMO TO: John K. Anderson, City Administratorr) FROM: Judith S. Cox, City Clerk\ RE: Appointment of Election Judges DATE: September 30, 1986 Introduction and Background State law requires the appointment of election judges for the upcoming general election by October 10th. The judges recommended have all been called and are willing to work. Recommended Action Offer Resolution No. 2632 , A Resolution Appointing Judges of Election, and Establishing Compensation, and move its adoption. JSC/jb r J RESOLUTION NO. 2632 1 '361 � C1 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The following persons are hereby appointed Judges of Election for the five polling precincts with the City of Shakopee designated in Resolution No. 2021, adopted July 6 , 1982: FIRST PRECINCT Regular Judges Ann Noterman Winnie Anderson, CHR Ruth O'Reillev Claude Kolb Rose McCourtney Marcie Schmitt Dorothy Breimhorst Lill Kopieca Marie Kocks SECOND PRECINCT Regular Judges Paulette Rislund - CO-CHR Robert Kubes - CO-CHR Lucille Odenwald Ruth Borchardt Bervl Barrett Barbara Runge _ Ethel Schneider Esther Willemssen Anna Mae Walsh George Mingo Marilyn Lanq, - THIRD PRECINCT Regular Judges Maetta Jurewicz - CHR Loretta Jaspers Jovice Schwartz Kathrvn Marschall Susan Niewind Jan Gerold Marinda Schmit Martha Skalskv Ottillia Mingo FOURTH PRECINCT Regular Judges Lillian Weinandt - CHR Marilvn Johnson Pat Clemens Svlvester Gerald Doris Ann Solseth Al Schmitt Sharon Fernholz Jermavne Leavitt Hazel Ecklund Dolores Morke Helen O'Brien FIFTH PRECINCT Regular Judges Virgilla Geske - CHR Carol Link ` Rudv Maurine Thea May Corrine McDonald Louise Vyskocil Joan Hart Cal Willemsson 2. The Election Judges shall be compensated for their work at the rate of $3 . 40 per hour and the Chairman of the Election Judges shall be compensated at the rate of $3 . 90 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986. City Attorney / 5 V 134 TO: John K. Anderson, City Administrator / S FROM: Gregg Voxland, Finance Director RE: 1987 Budget Resolutions DATE: October 2, 1986 Introduction and Background Attached are Resolution Number 2633 which consents to the HRA tax levy, Resolution Number 2634 which sets the 1986/87 tax levy and Resolution Number 2636 which cancels certain debt service levies. These are in accordance with the discussion and decisions made at the 9/30/86 Council meeting. Resolution Number 2636 does contain transfers from the General Fund to the debt service funds in 1986 so that it is clear and documented that funds are on hand to replace canceled tax levies in 1987. The General Fund is reimbursed in 1987 through the tax levy for those transfers. Action Offer Resolutions Number 2633, 2636 and 2634. RESOLUTION NO. 2636 A RESOLUTION DIRECTING THE COUNTY AUDITOR NOT TO LEVY A TAX FOR DEBT SERVICE FOR SELECTED BOND ISSUES WHEREAS, the City of Shakopee has issued various bonds supported in whole or in part by tax levies; and WHEREAS, the tax levies for the various bond issues were set at the time of bond sales; and WHEREAS, the City Council of the City of Shakopee has determined to have sufficient funds on hand to cancel certain tax levies for 1986/87. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following irrevocable fund transfers be made in 1986. From the General Fund to: 1980A G.O. Improvement Bonds $33,748 1985 G.O. Improvement Bonds 858 1986A G.O. Improvement Bonds 28,150 1986B G.O. Improvement Bonds 2 180 BE IT FURTHER RESOLVED that the County Auditor of Scott County is hereby directed not to levy a tax for the bond issues and amounts as shown below: Public Service Building Bonds $45,401 (partial) 1976 Improvement Bonds 14,137 1977B Improvement Bonds 6 370 1977C Improvement Bonds 28 048 1980A Improvement Bonds 55 748 1981A Improvement Bonds 5,167 1985 Improvement Bonds 858 1986A Improvement Bonds 28,150 1986B Improvement Bonds 2 180 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1986. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986. City Attorney RESOLUTION NO. 2634 A RESOLUTION APPROVING 1986 TAX LEVY, COLLECTIBLE IN 1987 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following sums of money be levied for the current year, collectible in 1987, upon the taxable property in the City of Shakopee, for the following purposes: GENERAL FUND LEVY $1,310,240 SPECIAL LEVIES: Industrial and Commercial Development $29,323 Public Pension Funds 5,000 TOTAL SPECIAL LEVY 34,323 TOTAL GENERAL FUND 1,344,563 DEBT SERVICE SPECIAL LEVY Public Service Building Bonds 61,437 TOTAL LEVY $1,406,000 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1986. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986 City Attorney RESOLUTION NO. 2633 A RESOLUTION CONSENTING TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as taxing districts for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states that the special levy shall not exceed 10 cents on each $100 of taxable valuation in the area of operation, and WHEREAS, MSA 273.1102 states that any tax rate shall not exceed 33.33 percent of such maximum tax rate specified by law or charter. WHEREAS, Section 462.545 states the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council consents to and joins in a special tax levy of $25,000 by the Housing and Redevelopment Authority in and for the City of Shakopee for taxes payable in 1987. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 9 1986. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986. City Attorney MEMO TO: John K. Anderson, City Administrator FROM• Gregg Voxland, Finance Director RE: Resolution No. 2639 DATE: October 7, 1986 _Introduction and Background: Resolution No. 2639 repeals the previous Resolution No. 2579 adopting an assessment split for Canterbury Park 2nd Addition. The dollar amounts used were for 1985 instead of 1986 . This resolution is the same as the old one, except for corrected dollar amounts. Action: Offer Resolution No. 2639 . RESOLUTION NO. 2639 A RESOLUTION APPORTIONING ASSESSMENT AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDIVISION OF LAND PARCEL NO. 27-908-071-0 and NO. 27-909-013-0 AND REPEALING RESOLUTION NO. 2579 WHEREAS, on March 7 , 1978 Resolution No. 1219 adopted by the City Council levied assessments against properties benefitted by construction of the 1977-1 Improvement Project, and WHEREAS, on August 19, 1980 Resolution No. 1661 adopted by the City Council levied assessments against properties benefitted by construction of the 1979-1 CR-83 Utilities Project, and WHEREAS, on August 25 , 1981 Resolution No. 1891 adopted by the City Council levied assessments against properties benefitted by construction of the 1981-1 VIP Interceptor, and WHEREAS, two tracts of land benefitted by the said improvements, known as parcel number 27-980-071-0 and number 27- 909-113-0 , have been partially subdivided into the plat of Canterbury Park 2nd addition, and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said tracts among the newly created parcels within the plat of Canterbury Park 2nd Addition as well as the residual two parcels not part of the new subdivision, and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That Resolution No. 2579 is hereby repealed 2. That the 1986 payable remaining balance of assessments to parcel 27-908-071-0 is $1,399 . 16 for the 1981-1 VIP Interceptor; and that the 1986 payable remaining balance of assessments to parcel 27-909-013-0 is $77. 46 for the 1977-1 Improvement Project and is $13 ,710. 68 for the 1979-7 CR-83 Utilities and are hereby apportioned as set forth in Exhibit A attached hereto and made a part hereof. 3 . That all other parts of Resolution No. 1219 shall continue in effect. 4. That all other parts of Resolution No. 1661 shall continue in effect. 5 . That all other parts of Resolution No. 1891 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1986• Mayor of the City of Shakopee ATTEST; City Clerk Approved as to form this day of 1986 City Attorney V a� r O G N N N N N N N N N .D Q✓ W W W W W W W W Y O 00000000 O r _J0000000 O z W Y L W N r Co V Ln O O 0 0 0 0 0 0 0 0 O (D .O (D Cu cz, O (D Y (D Y fD k-4 9 CD H CL n (D ::S C1 r 77 = C3 ((D Yrr En z co N L, z .D z00rrr000 coo H 171 O O O o c c a) :: (D Y Y r+ Y Y rt rt rt rt m rt rt :� rt TQ o\ Y \ Y F-+ F-+ Y rr -- O � In M In N Y N Y O O O (D O N tti +— CA Co b C 1 w a CDD 7V 7• T' Y riLn (� T=7 ^ .YD CO Qa N N N Y Y OON b +. \ Oo zLn n - co O m r x Z O Cn M N H D -cn � ~ c1 rt co Y Li O (D.D w C6 rt %�o •=J W Y In (D n Y (D h-� Ln R7 CON Cn V lD .p Ln rt H O N N N O -J rt -cr> C) V In H+ O to V N N N W N ON U] (D V wCD N• PO .D CN W Cn N rt I i r W O N .D .O to !- 00 V O CO Ln CO W Co to N (D W coy Cf� W V N OD CC) W N Y 00 W m In v> O Y W .D D1 - W 01 W W r7 CO _ .D o w .D .n ow r v, p, V �"' A .D O O. 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