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Home My WebLink About10/21/1986 TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE , MINNESOTA OCTOBER 21 , 1986 Mayor Reinke presiding 11 Roll Call at 7 :00 P.M. 21 Recess for H.R.A. Meeting 31 Reconvene 41 Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *71 Approval of minutes of September 30;"1986 & October 7, 1986 8] Communications : (Items noted for cosent will be received and filed) a] League of Mn. Cities re: proposed policies and the policy adoption meeting Nov. 20th b] Association of Metro Municipalities re : Policy Adoption Meeting November 6th c] Terry Ege re : 25 ft. easement in Eag�ewood d 9 Public Hearings. �� GAJ a] 7:30 P .M. Continuation of public hearing on 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. 101 Boards and Commissions : Planning Commission: *a] Amendment to Section 12. 11 of the Subdivision Ordinance which will provide PUD regulations consistent with those contained in the zoning ordinance b] Amendment to the City Code Secticn 11 . 29 , Subd. 3 which would allow mini-storage facilities as a conditional use in the B-1 district 11] Reports from Staff: [Council will take a 10 minute break around 9 :001 a] Update on Metropolitan Development and Investment Framework b] Awarding Sale of $480,000 GO Improvement Refunding Bonds - Res. 2644 c] Authorizing Amendments to the City of Shakopee $39500,000 Multi- family Housing Revenue Bonds (Riva Ridge Apartments Project) Res. No. 2645 __ J04VJgSTuTwPy J�4TO uoSJGPUV •x ugof ujno CpV [V T [P [o [q [p : ssauTsng jGgg0 [CT gaa,z4S pa4oni4suoO KT4u000U V 30 �pM-Jo-4gBTH J�vMPpOH au4 uTg4TM 2?uT.',IuoM soJ �DTTod V 2uTgSTTgp4sg ` Tt79Z *ON *sag [q* asuaoTT ,aaaq jo `auTM `jonbTT P Jo uoT4POOAGJ jo uoTsuadsns soj spunOJ2 ST MPZ 2?uTTqumo aTgv4TJvgD a4p4S aq4 jo uoTapTrozd o� aPoO �TO 2uTPuauIV `80Z * ON •p,zO [V :saouuuTpjo pup suoT4nTosaH [ZZ S6 •G864009$ jo 4unowy UT sTTT9 aAoiddV [T umJ23OJd 4uauifoTduJg SaoTAJaS R4Tunwwoo JOTuaS [x# ZV9z • oN *sag - �4jadojd STaus uax 30 u4noS - s4uaw4jpdy 92-eTTTA �j4unoo o4 s4uawanoidwl uTpWJG pjq [ C 4jodaj -R4TTTgTsuGJ 2uTiq - SaA14puja4TV 4uautssassy 40aCOJd anuaAV u4BT pasodOJd [T 8V9z •oN• saH - s4uawssassV JaMaS wjo4S xunil 4GGJ 9 saurToH [T4* �K4jGdoJd snTdinS sp auT2ug TasaTQ sTTTV-4uT3 GJPToaQ [2# uoTsua4xg 43aCOJd TTPJI 31J-ed JGgnH [J* •pul 'sGopTaossV uupwgz)SV-uo4,zp9 u4TM 0,opz0uo3 (METH) 4uawssessV'Tp0,uawuo.ITAug '8 Rpn4S uoT4pooq joj japio a2upgo [a t a4TS J�4TTTo'e3 TUUOT40GJIOO PTO au4 joj .aadoTanaQ JO uoT4Uu2?TSGG J .JUUTwTTGJd [p :panu'4uoo jiv4s wojj s4iodGH [TT -Z- G2ed 986ti ` TZ .zago4oO TdGNHOV HAILVINgs TENTATIVE AGENDA Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota Adjourned Regular Session October 21, 1986 Chairman Wampach presiding: 1. Roll Call at 7 : 00 p.m. 2 . Approval of Minutes of October 7 , 1986 3 . Acceptance or Rejection of an Offer to Sell the the House of Hoy to the HRA 4 . Informational Item: Merchants Hotel Parking Potential 5 . Other Business 6 Adjourn Dennis R. Kraft Executive Director HRA PROCEEDINGS OF THE HOUSING AND REDEV5LOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 7, 1986 Chairman Wampach called the meeting to order at 7:02 p.m. with Comm. Leroux, and Vierling present. Comm. Lebens was absent. Also present were John K. Anderson, City Administrator; Dennis Kraft, Community Development Director; Kenneth Ashfeld, City Engineer; Judith S. Cox, City Clerk; and Julius A. Coller II, City Attorney. Vierling/Leroux moved to approve the minutes of September 29 1986. Motion carried unanimously. Leroux/Vierling offered 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 and moved its adoption. Motion carried unanimously. Leroux/Vierling offered Resolution No. 86-129 a Resolution Terminating and Decertifying Tax Increment Financing District No. 5 Within Minnesota River Valley Housing and Redevelopment Project No. 1 (Family Chow Mein) and moved its adoption. Motion carried unanimously. Vierling/Leroux moved 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. Motion carried unanimously. Leroux/Vierling moved to authorize appropriate HRA officials to execute and deliver Satisfaction of Mortgages to Dean and Ingeborg Brunkow for the property located on Lot 9, Block 3, Macey's Second Addition. Motion carried unanimously. - Discussion ensued on acquisition of the Merchants Hotel for the City to build a parking lot. It was questioned if the City needs-- a parking lot in that . location. The staff was directed to determine how many parking spaces could be located on the Merchants Hotel site if the building were razed. Leroux/Vierling moved to table the acquisition of the Merchants Hotel to October 21 , 1986. Motion carried unanimously. Beroux/Vierling moved to adjourn to October 21 , 1986, at 7:00 p.m. Motion carried unanimously. Carol L. Schultz Recording Secretary MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: October 16 , 1986 1. Attached is a copy of a letter from Roger Peterson of the AMM to Commissioner Triplett regarding the Department of Revenue' s administration of the "feathering" provisions in the Metro wide Transit Tax. The City also sent Mr. Triplett a letter and we received a response on Wednesday. The Department of Revenue is of the opinion that it cannot administer the "feathering" property tax for transit any differently than it presently is because of the language in the State law. For this reason Shakopee, Plymouth, and other cities affected by feathering will be pursuing this in the 1987 legislative session. The AMM has made it one of their legislative policies so we should have success in obtaining the amendment. 2 . Attached is a letter from Carolyn J. Weiss of M.G.M. Liquors regarding the closing of their store. 3 . Attached is a letter from Rod Krass regarding the Scott County Lumber v. City of Shakopee lawsuit. Please note the trial dates of January 22 through January 28 on your calendars . 4 . Attached is a memo from the City Engineer responding to John Leroux' s question about the elevation of the curb radius at the intersection of 7th Avenue and Lewis Street. 5 . Attached is a memo from the Finance Director regarding the building inspection agreements the City has entered into with Scott County and the City of Prior Lake. 6 . Attached is a letter from the Community Development Director to Wally Bakken regarding his performance under our Development Agreement for the expansion of the Shakopee Valley Motel. If progress is not made in the next few weeks, Dennis intends to bring this item before the HRA. If you have any questions in the interim, please call Dennis. 7 . Attached is the agenda for the October 23 , 1986 meeting of the Energy and Transportation Committee. 8 . Attached is a Tonnage Summary Report for the period ended September 30 , 1986 for the Recycling Program. 9 . Attached is the monthly report of the Dial-A-Ride Operations and the Van Pool Operations for the period ending 9-30-86. 10. Attached is the Building Activity Report for the period ending 9-30-86. 11. Attached are the minutes of the October 2 , 1986 meeting of the Shakopee Coalition. 12 . Attached are the minutes of the September 2 , 1986 Meeting of the Shakopee Public Utilities Commission. 13 . Attached is a letter from the County Board to the Department of Administration regarding the "Old" Women' s Correctional Facility site. 14. Attached are the minutes of the September 29 , 1986 meeting of the Cable Communications Advisory Commission. 15 . Attached are the minutes of the August 21 , 1986 meeting of the Energy and Transportation Committee. 16 . Attached is a copy of the Gambling License Application from the Fraternal Order of Eagles. They meet the requirements of the Shakopee City Code for a gambling license. 17. Attached is a memo from Dennis Kraft regarding the sign located on Brambilla' s building at 117 1st Ave. West. If any Council member has additional questions, please call Dennis before Tuesday night. 18. Attached is the Newsletter of Ehlers and Associates. 19 . Attached is the Program Costs by Department dated 10/8/86. 20. Attached is the Revenue Report as of 9/30/86 . OCT 3 198& Board of Directors ' , CiTy OF SHAKOpEE President Robert D. Thistle Coon Rapids association of Vice President metropolitan Neil W. Peterson Bloomington municipalities Past President James A. Scheibel St. Paul October 2 , 1986 Directors Commissioner Thomas Triplett Mentor Addicks, Jr. Department of Revenue Minneapolis 2XX Centennial Gary Bastian Centennial Office Building Maplewood 658 Cedar St . Larry Bakken St. Paul, MN . 55155 Golden Valley Dear Commissioner Triplett : Robert J. Benke New Brighton The Association of Metropolitan Municipalities strongly Mark Bernhardson urges you to reconsider the Revenue Department interpretation Orono of section 473 . 446 , Subd . 1 concerning mill reduction from the MTC Transit levy for communities receiving limited service . Nancy Enright Lakeville The initial 2 mills levied are adjusted by Section 273. 13 subd. 7a for homestead property recalculation, Section 275 .49 Robbisdalealter Fehst for personal property exempted in 1967 , and Section 272. 64 Robbinsdale for class 2 personal property so that when levied against Edward Fitzpatrick actual taxable property they become approximately 3 mills. Fridley When adopting the ' feathering' property tax provisions in Section ll 473 . 446 subd. 1 , the legislators intent was to reduce like Mendota Kevin zeHeights mills so that one half mill reduction was equal to a 25% M levy reduction not just a 16% reduction. Carol Johnson Minneapolis The AMM feels that the one half and three quarter mill MTC James Lacina Transit property tax reduction mills should be adjusted ' is the Woodbury original levied mills prior to the reduction. We believe this was the legislative intent. Your consideration of this matter Gerald Marshall is appreciated . Brooklyn Park Eldon Reinke Respectfully, Shakopee William Saed Q Inver Grove Heights Roger E . Peterson, Director Leslie C.Turner Legislative Affairs Edina Association of Metropolitan Municipalities Maureen Warren cc : Sen. Tad Jude St. Paul Sen. Steve Novak Executive Director Rep. William Schreiber Vern Peterson AMM Member Cities 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 f LAW OFFICES KRASS & MONROE CHARTERED Phillip R. Krass Dennis L. Monroe �.'+ °�j Marschall Road Business Center Barry K. Meyer327 Marschall Road Trevor R. Walsten 1 C� P.O. Box 216 Elizabeth B. McLaughlin G� r Brvan Wm. Huber O ,� -y' Shakopee, Minnesota 55379 Susan L. Estill �� ` Telephone 445-5080 Diane M. Carlson Kent A. Carlson, C.P.A. October 7, 1986 The Honorable Mayor and City Council City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Scott County Lumber v. City of Shakopee Our File No. 1-1373-177A Dear Mayor and Council Members: The pre-trial on this matter was held on October 6, 1986 before Judge Richard J. Menke. I trial date of January 22, 1987 was set and a cutoff date for disclosure of witnesses and exhibits of December 22, 1986 was also set. At the pre-trial, Mr. Thorton indicated to the Court that he would be making a Summary Judgment Motion which I will have to prepare for. I would anticipate that Motion will probably be heard in early November. I am anticipating this case will take three to four days to try and I will need all appropriate staff people and council members available during the time frame of Thursday, January 22 through about Wednesday, January 28. This will not be a jury trial, but rather will be tried to the Court without a jury. It will be necessary to begin organizing all of the exhibits and information that we have at City Hall, and categorizing them, in preparation for the Summary Judgment Motion and in preparation for the trial itself. Please call if you have any questions. Very truly urs, KRAS(& . ONRO F�'HARTERED P ` rass PRK:mlw MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer, --- SUBJECT: Holmes Street Storm Sewer Project DATE: October 10 , 1986 At the October 7 , 1986 Council meeting , Councilmember Leroux questioned the elevation of a curb radius at the intersection of 7th Avenue and Lewis Street. At the time, I could not answer his question and have since determined the reason for his concern. In pouring this section of curbing , the subcontractor on the project misread the grade stakes. At the time of the meeting the engineering inspector on the job had already ordered the removal and replacement of the defective work. KA/pmp CURB 5 Memo To: John K. Anderson, City Administrator From: Gregg M. Voxland, Finance Director Re: County Building Inspector Agreement - Informational Date: October 10, 1986 The agreement that was drafted by the County, executed by the County and authorized by Council had language on insurance that was unfavorable to the City. I have had the language changed to be equitable to both parties. there is no change to the intnet of the agreement and staff is proceeding on the basis that Council authorization is still in effect. Neither the Prior Lake agreement nor the County agreement has been finally executed. We are waiting to hear from our public officials liability insurance carrier as to whether they will cover our employees under these agreements. Staff is also in the process of negotiating a change in the Prior Lake agreement to provide for billing the benefitted City for an inspector's wage plus fringes. It appears that Prior Lake will be using our inspectors more than we will use theirs. Kms' CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 t" October 15, 1986 Mr. Wallace Bakken Shakopee Valley Motel 1251 East First Ave. Shakopee, MN 55379 RE: The Development Agreement with the Shakopee HRA for the Bakken Motel/Restaurant/Campground Project Dear Mr. Bakken: On September 4, 1986 representatives of the City and the Shakopee Housing and Redevelopment Authority (HRA) met with you and your associates to discuss our concerns relative to the improvements that you will be making to your motel. At that time you indicated that you had some questions about the location and design of the water system on your property but you thought that you could remedy this problem. At that meeting we also expressed concern to you about the need to perform in the accordance with the development agreement that you entered into with the Shakopee Housing and Redevelopment Authority. According to Section 3 . 3 of this agreement you are required, subject to unavoidable delays, to begin construction of minimum improvements ( as defined by the development agreement) on or before September 1, 1986 . You have not started construction as of the date of this letter. Therefore, in accordance with Section 5. 1 (B) of the development agreement, you are presently in default because of your failure to perform according to the schedule contained in the development agreement. According to Section 5. 2, entitled "Remedies on Default" , after you are given 30 days written notice of the default the Housing and Redevelopment Authority may either (a) suspend its performance under the agreement until it receives assurance from you that you will cure the element of default, i.e. begin The Heart of Progress Valley 6 construction of the minimum improvements as required by the contract, or (b) the HRA may cancel or rescind the developers agreement, or (c) the HRA may take what ever action it deems necessary or desirable to enforce the performance of the conditions of the development agreement. While the HRA does not desire to take this type of action against you, it does have an obligation to enforce the provisions of the developers agreement. According to our records as of this time you have not received a final approval of your construction plans as required by Section 3 . 2 of the development agreement. Have you experienced problems with the preparation of construction plans? Section 3 . 5 requires you to submit an irrevocable letter of credit in the amount of $50 , 000. You have submitted a letter of credit in the amount of $10, 000 which expires on November 12, 1986 and a Cashier' s Check in the amount of $40,000 . The agreement requires a $50, 000 irrevocable letter of credit which is effective until September 1, 1988 or until the HRA issues you a certificate of completion, whichever occurs first. Please submit a letter of credit as required by the agreement by November 1, 1986. At your earliest convenience please let me know if you are encountering problems with which we may help you relative to performance required under the agreement between you and the Shakopee Housing and Redevelopment Authority. Very truly yours, Dennis R. Kraft Executive Director CC: Jake Manahan,Esq Rod Krass, Esq John Anderson Barry Stock Judi Simac *Judith Cox Jim O'Meara, Esq Dave McGillivey Lyle Bakken /i TENTATIVE AGENDA Energy and Transportation Committee Shakopee, Minnesota October 23 , 1986 Chrm. Ziegler presiding: 1. Roll Call at 7 : 30 p.m. 2. Approval of Minutes - August 21, 1986 3 . Informational Items: A. Addition of Dial-A-Ride Vehicle - Memo to be handed out at meeting B. Status of Joint Scott/Carver Solid Waste Planning C. Van Pool Party (Verbal) D. Recycling Report E. Dial-A-Ride Monthly Report F. Van Pool Monthly Report 4. Other Business A. December 18, 1986 B. 5 . Adjournment Barry A. Stock Administrative Assistant CITY OF SHAKOPEE 3D. _�. ATTACHMENT 91 - TONNAGE DOCUMENTATION SUMMARY FORM 1. APPLICANT INFORMATION Name of city/town City of Shakopee Address (include zip code) 129 E First Avenue Shakopee MN 55379 Contact person Barry A. Stock Telephone number 445-3650 2. TONNAGE SU11.IARIES a.// City sponsored Current period April 1 - Sept. 30 Past period Jan. 1 - Mar. 31 Tons Market Tons Market Material Collected (Name and Address) Collected (Name and Address Aluminum II 3.06 ( MSD Recvcle II None �. tee i 3 .29 MSD Rec cle II None rep=p (I23.39 Glass I I --lid Ferrous II I II I --Batteries II � I (I I Waldorf Corp. II Waldorf Corp. Newsoaoer II 88.93 I P.O. B� 2 'r P , 28. 73 Auto oil ( I II Other (list) - I I II Total 1118 . 67 L_38 01 B. Non-city Sponsored - NA C. : Reporting organizations Name Address Contact Person Telephone SACS 408 6th Ave W Shakopee MN Ron Vora-^'' L45-59 01 Boy Scouts 415 Cedar Terr. Shakopee MN Al Jorgenson 445-4564 MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Addition of Dial-A-Ride Vehicle ( Informational) DATE: October 17 , 1986 Over the past two years our dial-a-ride program has experienced a dramatic increase in ridership. At the present time, there are certain periods of time during the day that our service is taxed because of the high demand. This situation has forced us to turn away potential riders for safety reasons (mini- van capacity - 7 pass. ) . Additionally, those people who are fortunate enough to get a ride are having to ride on the vehicle for an unreasonable period of time ( in some cases over thirty minutes) . As a result of these problems, staff has been negotiating with our dial-a-ride contractor for the provision of another vehicle before December 1, 1986. I am currently negotiating for a 12-passenger vehicle that will be made available for a 9 month period ( school year) with a 3 month option ( summer months) . Additionally, I am requesting the contractor to supply the new vehicle between our peak hours, 12 noon - 6: 00 p.m. Again, with the option of providing the vehicle during the morning hours if demand warrants expansion. I will be bringing this issue back to the Council for action in November when all the details of the contract amendment have been ironed out. Finally, the dial-a-ride budget does have adequate funds for the addition of a third vehicle. I have attached a copy of the dial-a-ride report for your review. u00 H W > C4L43 > 3ftlL4 U Z 0 W > L4 L4 3 > X tl C4 t) z0 3 w0) 0 (DI✓ I✓ Cw 'dPL) (Dw (D00Mr- r- CW 'OW (DW (DOCS 0 rt y 10LOF- �5 " " tri 0Crt10QFJ �:5 nnCr' 5 () Crt �3 (D F� > rt r- l< (D w 0 I t >✓ (D (D 0 rt r- '-� (D w 0 t t G (D (D 0 rt- (D (D ti (D UI N �3 w E� Ei tr (D U) H �3 W 5 El tr �r Pi (n �; rr w n tr tsr (D E; rt w n tr tr (D (D 1Cn n (DD � n K rt n n 0 H w Ul OFJNNNHf✓ HHN HFJFJ HF-' N H % % . 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Ul rt 'd W H JJ F- 4�- WWOLI) 00OWWLI) JLI) 00U1LA) Ol �tlO -IJ IDLA) OJ0-) rt P) H N W IDNJJ W OI 3LnF alln Wal4�, al W WH W OO JM W XGNN UI H t7 F ID ID aIIDOJOJIJnX:1N W W ID IO AJ0000Nal4�- OJOIH' 00O Cr1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H W W O) H LnWJJF-' OJUlO00W UlNJO W WalJJO0) F-' J W F ONO0IOHa) CnJ4A W 00 JNJF� aIJNJJ W W X:, U1 Jy C ro (D (D Hzzz n rn HHNN > > > H- ror- Ln c MUlInLnMIn .A .PMJof (DWWWInNN004-� MInJ 'LS w t7 N OONlnO0N01WlDO0NN0J W OOONF-' OJNaI W �A00a1 U1 I-' Ln ID W mMLn MHmC) mWLnJJF� F mtjaa 01 �F C ro (D a, zzz F- (D F-J N H- - F HNJtJF-' NN W NA W W N4PCnJ P > > > F- w a dl .A UiUti P �POHaIIn �CIDONHNIDHLlIO U1 UI N H UnNPJPOW -Q1,0WLn " F- Ma --' 00F' N ,Dt:;, Ln Ul F-- �f Jy C N 3 cD I N F- H I- H H FJ H N N N N N N N W N N N W 4P M M Z z z H- fid ' I ' lnlDaIJJNNNInOHHUi jO, U, 0) W 000 (D n S= 00 ID tjHLn --JMWL CDaW MJ ID OO -A tr r�i•. VAN POOL OPERATIONS REPORT Van Pool Vehicle # of Subsidy Admin. Rental Revenue Net Income Pass per Month Expense Expense Collected (Loss) Trips Pass Trips Sept- Oct 781. 36 2982 . 40 1454. 61 2309 . 15 2553 . 90 Nov. 468. 28 2410. 78 1239 . 67 1639 . 39 2152 . 76 Dec. 1243 . 80 2460. 01 981 .77 2722 . 04 1899 1 . 44 Jan. 257. 11 2524. 08 1436 . 84 1344 . 35 2385 . 56 Feb. 243 .79 2592. 67 1263 . 35 1573 . 11 2111 . 75 Mar. 270 . 53 2518. 60 1534. 60 1254. 53 2068 . 61 Apr. 311 . 35 2490. 81 1612 . 63 1189. 53 2425 . 49 May 220 . 41 2572. 36 1315 .77 1477. 00 2206 . 67 June 373 . 67 2413 . 97 821. 98 1965 . 66 1709 1. 15 July 185 . 69 2145. 51 1171. 42 1159 . 78 2111 . 55 Aug. 279 .75 2582 . 91 836 . 06 2026 . 60 1992 1. 02 Sept. 572. 96 2610 . 57 762. 66 2420 . 87 2239 1. 08 Oct. 421. 86 2849 . 90 1284 . 92 1986. 84 2554 .78 Nov. 556 . 69 2875. 05 960. 90 2470. 84 2209 1. 12 Dec. 866 . 47 2928.72 835 . 94 2952. 25 2032 1 . 46 Jan. 371 . 03 2857 . 84 1188 . 34 2040 . 53 2426 . 84 Feb. 309 . 36 3041. 26 925. 96 2424 . 66 2275 1. 07 Mar. 604 . 97 2989 . 98 952. 72 2642 . 23 2184 1. 21 Apr. 442 . 76 2756 . 53 657 . 14 2542 . 15 1968 1. 29 May 193 . 00 2840 . 34 649 . 41 2383 . 93 1991 1. 20 June 264 . 91 2657 . 42 894. 81 2027 . 52 1768 1. 00 July 198. 87 2546 . 01 1108 . 83 1636. 05 1793 . 91 * Aug. 473 . 36 2861. 04 880 .77 2453 . 63 1791 1. 37 * Sept +750. 00 3080. 16 +1100 . 00 2730 . 16 1790 1. 52 TOTAL 10, 658. 98 64, 588 . 38 25, 807 . 75 49, 376. 78 50631 . 97 1986 year to date 3 , 608 . 26 25 ,630. 38 8 , 357 . 98 20,880. 86 17986 1.16 *includes cost of back-up vehicle +estimates CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED September, 1986 Yr. to Date Previous Year Number Number Valuation Number Valuation Mo. Ytd. 39 3, 131 , 474 1 28 1, 987, 647 Single Fam-Sewered 4 913, 144 Single Fam-Septic 1 16 1, 498 , 900 3 12 462 Multiple Dwellings - 4 2, 890 , 000 3 11 1, 100 , (# Units) (YTD Units) (-) (100) (11) (32) 2 43 250 , 134 3 37 152 , 988 Dwelling Additions Other 2 6 78 , 300 2 11 141, 722 Comm New Bldgs 2 6 9, 452 , 000 - 5 2, 090, 341 Comm Bldg. Addns 1 4 942 , 267 1 13 9 , 862, 510 Industrial-Sewered - 3 4, 420 , 000 1 5, 475 Ind-Sewered Addns 1 _ - - Industrial-Septic - - _ - - - Ind-Septic Addns - - Accessory/Garages 2 18 93, 550 5 37 245, 976 Signs & Fences 5 70 119 , 220 8 59 61, 998 Fireplaces/Wood Stove - 2 2, 677 3 9 23 , 380 324 800 - 7 55, 500 Grading/Foundation 1 12 Remodeling (Res) 5 26 72 , 125 2 23 60, 210 Remodeling (Inst) - 1 1 , 093, 000 Remodeling (Comm/Ind) 2 37 5, 531 , 715 3 26 1, 737, 078 TOTAL TAXABLE 26 286 28 , 807 , 162 42 300 18, 800 , 069 1, 093 , 000 TOTAL INSTITUTIONAL - - GRAND TOTAL 26 286 28 , 807 , 162 42 301 19 , 893 , 069 No. Ytd. No. Ytd. 9 11 Variances 3 28 Conditional Use 1 24 - 4 Rezoning _ 2 1 4 Moving. 21 246 20 202 Electric 26 191 Plbg & Htg 17 255 Razing Permits - - 1 Residential - _ - - Commercial - Total dwelling units in City after completion of all construction permitted to date. . . . . . . 3, 984 Cora Hullander Bldg. Dept. Secretary C CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN SEPTEMBER, 1986 7230 Al Baer 1026 Tyler Fence $ 800 7231 Young Const. 807 E. lst Alt. 4, 255 7232 Clete Link �G 1217 MAnHouse 83, 000 7233 Veit Const. 8624 E. 13th Office 302, 000 7234 Bill Henning 471 Marschall Comm Bldg 650, 000 7235 Holiday Station 444 E. lst Sign 100 7236 Valley Fair One Valley Fair Dr. Grading 2, 000 7237 Charles Ries 1077 Dakota Addn. 3, 300 7238 B & D Development 1199 Limestone Dr. House 105, 500 7239 Dwight Monsrud 2075 Brid e Crossing House 55, 500 �`' .�� 7240 Douglas Snell 906 E. t ddn. 1, 500 7241 Mark Wagner 538 E. 3rd Garage 8, 300 7242 Signs of Quality 529 W. lst Sign 700 7243 Canterbury Downs 1100 Canterbury Rd. Alt. 71, 235 7244 Joe Nelson 1107 E. lst Sign 100 7245 Bob Lindstrom 2099 Foothill Trail Alt. 725 7246 Ervin Monnens 129 W. 3rd Stg. Bldg. 1, 000 7247 Rick McShane 1257 Tyler Alt. 850 7248 Clete Link 1217 Jefferson House 80, 000 ,,a, 7249 Don Lego 2101 Hillside Dr. Alt. 1, 500 7250 Will Welter 1216 ;al9ey d ' 4 Ho se 83, 000 4401 Ind./Blvd. Addn. 130, 000 7251 R.J. Ryan 7252 E.L. Prahm E. lst Ave. Addn. 55 , 000 7253 Harlan Scott 1237 Polk Fence 350 7254 Scott Lucius 538 E. lst Alt. 500 7255 Stephen DeMers 958 Main St. Alt. 3, 200 SHAKOPEE COALITION i MEETING MINUTES - OCTOBER 2, 1986 The Meeting was called to order at 7:00 AM by Chairman Brian Norris ipeceo Citizen's State Bank Community Room. ��J! , h�,,EPEE Members present: Rev. Steven Humburg (Ministerium) , Barry Stock ( � FSkopee) , Barb Richardson (St. Francis) , Don Mertz (Lions Club) , John K. Anderson (City Of Shakopee) , Brian Norris (Citizens State Bank) , Claude Kolb (Knights Of Columbus) , Gary Laurent (Rotary) , Joan Salter (Food Shelf) , Virgil Mears (I.S.D. #720) , and George Muenchow (Shakopee Community Services). Joan Salter reported on the Food Shelf. In September 196 families were served in Scott and Carver Counties. Scott alone accounted for 8274 meals served (16,548 lbs). Total for both counties was 13,813 meals (27,636 lbs). More users are anticipated in the coming months. To avoid complete depletion of funds and food, they are contemplating cutting back the amount of food alottments. Joan noted that for the first time Chaska has now passed Shakopee in number of users. MORE VOLUNTEERS ARE DESPARATELY NEEDED TO VOLUNTEER 2-3 HOURS, PERHAPS ONCE A WEEK OR WHENEVER AVAILABLE. IF INTERESTED CALL JOAN SALTER (445-6324) or S.C.E.C. (448-2302). Joan furthermore reported that the Thanksgiving and Christmas Holiday Projects also are coming soon. Joan Salter gave a progress report on securing a Volunteer Coordinator. It had previously been reported that one or two residents at 200 Levee would be potential candidates. She reported that at the present time they are not available. A Job Description has been prepared. They will continue the search including checking at the Women' s Prison. John Anderson reported on current Economic Development in Shakopee. Some current projects include: Toro Manufacturing, Super 8 Motel , Plaza Shopping Center, Fabricating Plant, plus city street and storm sewer improvements. The City Of Shakopee is serving in a broker capacity regarding potential development at the former Womens Prison. A Community Leadership Workshop was discussed. The Coalition might expedite the scheduling of such a session. The Workshop would provide training in how to function as a Board and/or Committee Member. John Anderson, Brian Norris, Barb Richardson, and George Muenchow will meet and report on their findings at the next meeting. Chairman Norris reminded the group that more Co-ordinators are still needed. Nominations for Volunteer Of The Month also are needed. Barb Richardson shared that St Francis Foundation is sponsoring Board Member Training Sessions this year with the next one scheduled October 14 from 7-10 PM with Henry Rosso the facilitator. The public is invited but shey should call Barb in advance. The meeting is free. St. Fancis also has developed a Shakopee "Boardwalk Type" Game that will be sold for $15.00. It ' s Tax Deductible! The Meeting was adjourned at 8:00 AM. Re pectfully submitted, George F. Muenchow, Acting Secretary �d MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on September 2, 1986 at 4:30 P.M. in the Utilities meeting room. Commissioner Kirchmeier offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and Kephart. Also Liaison Wampach, Manager Van Hout and Secretary Menden. Motion by Kephart, seconded by Cook that the minutes of the August 4 regular meeting and the August 25, 1986 special meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 A T and T Information System 18.57 ABM Equipment and Supply Inc. 102.87 American Public Power Association 450.00 Auto Central Supply 6.27 Bills Toggery 29.49 Border States Electric Supply 64.60 Burmeister Electric Company 8,124.47 Carlson Equipment Company 6.56 Carlson Hardware 55.18 C H Carpenter Lumber 48.20 Chicago and Northwestern Transportation Company 80.00 City of Shakopee 866.58 Clay's Printing 88.85 Communication Auditors 154.50 Davies Water Equipment Co. 269.60 Dick's Conoco 17.00 Ditch Witch of Minn. , Inc. 74.82 E.P.L. , Inc. 166.91 Excel Office Products 128.88 Feed Rite Controls, Inc. 651.50 Glenwood Inglewood 8.95 Graybar Electric Company 18,149.74 Harmons Hardware 1.58 Hayden-Murphy Equipment Co. 65.58 Hennens ICO 98.14 Henningson Durham and Richardson 3,522.99 Hille Contracting 225.00 Industrial Sales and Service 108.00 Johnson Bigler Company, Inc. 350.40 Leef Bros. , Inc. 20.00 Minnesota Municipal Utilities Association 180.00 Minnesota Valley Testing Laboratory, Inc. 14.06 Motorola, Inc. 7,944.48 Motor Parts Service Co. , Inc. 63.82 Neco Hammond Inc. 11,359.00 Ted Neisen 254.00 Northern Sanitary Supply 155.22 Northern States Power Company 1,296.62 Northern States Power Company 332.32 Northern States Power Company 332,706.36 North Star Waterworks Products 1,035.72 Northwestern Bell Telephone Co. 249.14 Pitney Bowes 115.50 Plehal Blacktopping Inc. 350.00 Reynolds Welding Supply Co. 3.41 Rybak Digging and Trenching 1,538. 50 Schilz Ornamental Iron 40.00 Schoell and Madsen, Inc. 1,782.44 Scott County Recorder 10.00 Shakopee Public Utilities Commission 133.31 Shakopee Services 22.00 Signs of Quality 77.00 SM Hentges and Sons 4,475.00 Dean Smith Trenching Inc. 247.50 Snap On Tools 163.05 Southwest Suburban Publishing 121.66 Starks Cleaning Services 53.40 Suel Business Equipment 2,475. 14 Total Tool 25.96 Truck Utilities and Manufacturing Co. 354.82 Twin City Testing Corporation 252.00 United Compucred Collections, Inc. 158.40 Valley Industrial Propane 10.88 Louis Van Hout 89. 11 Water Products Company 833.85 Wesco 66.02 Wheeler Lumber Operations 1,453.28 Ziegler Tire Service 457.36 Motion by Kephart, seconded by Cook that the bills be allowed and ordered paid. Motion carried. A verbal communication from John Anderson, City Administrator that the Mayor would be unable to attend tonights meeting regarding the tax increment financing informational session was given to the Commission. The mayor and City administrator will be invited toattend a future meeting at their convenience. Liaison Wampach updated the Commission on the Council proceedings. Motion by Cook, seconded by Kephart to offer Resolution #309. A Resolution Adopting an Agreement With the Shakopee City Council for Traffic Signal Maintenance. Ayes: Commissioners Kirchmeier, Cook and Kephart. Nayes: none. Resolution passed. Motion carried. The estimates contained in the 8-4-86 memo from Ken Ashfield, City Engineer for reconstruction of the watermain on Fourth Avenue were considered. The question of whether or not replacements-in-kind of the customer-owned service lines during the reconstruction was a proper commission expense was discussed. Standard Commission policy has always been that any and all costs for work on a customers service line is the responsibility of that customer. It is the recommendation of Manager Van Hout that in this case we pay the materials cost of this work since the retapping and replacement of those existing service lines is caused by the replacement of the watermain itself and should be paid accordingly. But the replacement-in-kind of a customers existing service pipe does not change the basic policy that ownership and responsibility for the service line is still by the customer not the Shakopee Public Utilities Commission. Motion by Cook, seconded by Kephart that the Shakopee Public Utilities Commission pay for copper hookups on the Fourth Avenue reconstruction project in a manner con- sistant with the cost sharing agreement for watermain work that was reached with the City Council at the joint meeting of June 30, 1986; and that replacement-in-kind of a customer's service line is made with the stipulation that the customer still owns the service pipe and valve as is the current policy. Motion carried. Motion by Kirchmeier, seconded by Kephart to approve the estimated cost in the amount of $23,156.00 for the Fourth Avenue reconstruction project. The current water rates were discussed. A resolution will be prepared for the October meeting establishing new water rates. Liaison Wampach left to attend a City Council meeting. Manager Van Hout informed the Commission of the resignation of Vince Marschall as meter reader. We will advertise for a meter reader opening. Manager Van Hout advised the Commission of the Minnesota Public Utilities Commission decision on a service area valuation matter. Manager Van Hout reported that the Digger Derrick unit is scheduled to arrive at ABM, Inc. on Sept. 10, 1986. A new health insurance package thru the Minnesota Municipal Utilities Association was discussed. The Commission advised that this option can be included in the wage package for the upcoming year. Commissioner Kirchmeier recommended that landscaping the front of the Shakopee Public Utilities building be done. There were no new plats for August, 1986. There were no lost time accidents for August, 1986. There was one fire call for the month of August, 1986 for a total man hours of 35 minutes. The next regular meeting of the Shakopee Public Utilities Commission will be held on October 6, 1986 in the Utilities meeting room. Motion by Kephart, seconded by Cook that the meeting be adjourned. Motion carried. Commission Secreta Barbara Menden SCOTT COUNTY BOARD OF COMMISSIONERS COURT HOUSE 109 SHAKOPEE, MN. 55379-1382 (612)937-6100 MARK H.STROMWALL, District 4,Chairman ` JOHN F.CASEY, District 5,Vice Chairman .kr WM. KONIARSKI, District 1 ANTHONY WORM, District 2 OCT 1 61986 R.E. MERTZ, District 3 CITY Or SHAKOREE October 13, 1986 Ms. Sandra J. Hale, Commissioner Department of Administration 200 Administration Building 50 Sherburne Avenue St. Paul , MN 55155 Dear Ms. Hale: Thank you for your notification that the State of Minnesota is accepting bids on the vacated "old" Women's Correctional Facility in Shakopee. Although Scott County had been very interested in acquiring the property as a site for a minimum security jail and criminal justice center, our acquisition on September 15th of the former Lynnville Treatment Center near Jordan has precluded our further interest in the Women's Correctional Facility. Please consider this your formal notice of our declination. Again, thank you for your notification and I wish you success in promptly finding a new owner and productive use for the Women's Correctional Facility. Sincerely, �1 ,- Mir `StromVra Naha I Mrman Board of Commissioners BR:jm cc: Women's Correctional Facility file John Anderson, City of Shakopee Commissioner Dick Mertz An Equal Opportunity Employer PROCEEDING OF THE SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION Regular Session Shakopee, MN September 29 , 1986 Chairman Anderson called the meeting to order at 7 : 30 p.m. with Commissioners Harrison, Moonen and Abeln present. Commissioner Davis was absent. Barry Stock, Administrative Aide, Bob Ziegler, Shakopee Access Corporation President, and Bill Lepley, Public Access Studio Manager were also present. Harrison/Abeln moved to approve the minutes of the March 25, 1986 meeting as kept. Motion carried unanimously. Mr. Stock then introduced Mr. Steve Stolen, the new cable administrator for United' s - Shakopee and Chaska Cable Systems. Mr. Stolen then stated that he was happy to have been appointed the new cable administrator for these two systems and that he was looking forward to the opportunity and challenge of improving these two systems. Mr. Stolen then explained his goals for the system. Primarily, Mr. Stolen' s first objective was to implement a maintenance schedule to insure quality reception. Responding to subscriber complaints and improving the installation process for new subscribers were also high on his list of priorities. Shakopee Public Access Policies Mr. Stock reported that on September 2, 1986 several access corporation by-law amendments were submitted to Council for their approval. At that time, the issue of advertising on the public access channel was discussed by the Council. Council then tabled approval of the access corporation by-laws pending further investigation of the advertising issue by the Shakopee Cable Communications Advisory Commission. Mr. Stock stated that during the cable negotiations with Zylstra- United it was agreed that the Shakopee Access Corporation would enter into an agreement with a private provider for the management and operation of the public access studio. Mr. Stock stated that the proposal for running the cable studio that was submitted by New Frontier Productions, included the right to generate revenues from character generated advertising. Consequently, this language was incorporated into the contract agreement that was established between the Shakopee Access Corporation and New Frontier Productions. The contract agreement also states that any revenues derived from character generated advertising would be split evenly between the Shakopee Access Corporation and New Frontier Productions. Mr. Stock stated that several members of the City Council were under the impression that the character generated advertising to be preformed as mentioned in the contract would be performed on the leased access channel and not the public access channel. Mr. Stock went on to state that this was an incorrect assumption as the cable company has full control over the leased access channel and as such they would have full control over any revenues that would be derived from such advertising. Mr. Stock stated that during the amendment process this Spring, he had tried to negotiate the City' s use of the leased access channel with the cable company but to no avail, they were opposed to it. Mr. Stock then suggested that the committee may wish to consider amending the contract with New Frontiers to delete character generated advertising on the public access channel. In turn, contract language could be added that might state that New Frontier Productions would receive a portion of any revenues generated using sponsorships . Mr. Bob Ziegler then addressed the committee and stated that in his opinion there was no difference between sponsorships and character generated advertising. He felt that both of these two revenues sources were advertising. Mr. Ziegler went on to state that while there are revenues to be made by sponsorships, in order to efficiently run the studio, revenues were needed from both character generated advertising and sponsorships. Commissioner Harrison stated that in his opinion this discussion is totally unwarranted because an agreement has been made between the Shakopee Access Corporation and New Frontier which included character generated advertising. He went on to state that the City Council was given the opportunity to review; and in fact approve the contract arrangement that was established between these two bodies. If in fact it was an oversight on the part of City Council to realize that character generated advertising was a part of the agreement, he felt that there should not be any problem to at least try character generated advertising on the public access channel for the duration of the contract which is only seven months . If after the seven months the Council feels the same way in regard to character generated advertising, the contract with New Frontiers could be renegotiated at that time. Mr. Lepley concurred with Mr. Harrison' s statements and went on to say that the only issue here is whether or not Federal or State Laws prohibit character generated advertising on the public access channels . He further stated that Mr. Stock and himself had been in contact with the Federal Communications Commission in Washington D. C. and that in their opinion there were no Federal Laws prohibiting such use. Mr. Stock then stated that the FCC would be sending the City a written opinion on this issue. Chairman Anderson stated that sponsorships have always been a permitted use within the access corporation by-laws. He further stated that this was not an either/or situation because the contract with New Frontier Productions has been accepted and been in force for over five months. In his opinion, the access corporation is bound by the contract for another seven months. After that time, this issue can be renegotiated and perhaps deleted from the contract. 1� Commissioner Harrison/Abeln moved to recommend to City Council that the public access polices as submitted by the Shakopee Public Access Corporation be approved contingent upon the receipt of a letter from the FCC verifying the legality of advertising on the public access channel. Motion carried unanimously. Discussion followed on how the advertising was sold and whether any disclaimer was used by the access corporation. Mr. Stolen then questioned whether or not the access corporation had cable broadcast liability insurance. Mr. Stock informed him that all insurance connected with operating the public access studio was the responsibility of the cable company. Mr. Ziegler then pointed out to Mr. Stolen the language in the access support agreement as it relates to that issue. Amendment of the Shakopee Community Access Corporation BV-laws Mr. Stock reported to the committee that with the approval of the franchise amendments earlier this year, it has become necessary for the access corporation to make several changes in their by- laws. The access corporation was recommending changes in the following areas: 1. Appointment process of board members, 2 . Creation of new membership class and 3 . Reduction in the size of the board itself. Mr. Stock stated that the appointment process was being recommended for change because at the present time it is cumbersome and time consuming in that the board of directors has to submit a petition signed by 200 of the membership in support of a potential candidate. The membership class change is being recommended due to the fact that cable subscribers are now being charged a $ . 25 per month subscriber fee that helps support public access. The access corporation board felt that these individuals should receive a non-voting membership because they are in fact paying dues. Finally, a reduction in the size of the board is being recommended because of the difficulty that the board has had in filling the vacant seats. Discussion followed on whether or not a cable representative should be a member of the board. Mr. Stock stated that he felt it was a good idea have a cable representative on the board because of the experience and expertise in regard to cable that they can bring to the board. Mr. Ziegler concurred with Mr. Stock' s remarks. Mr. Stolen stated he felt it would be a good idea to have a cable representative on the board and that he would be happy to fill this seat on behalf of the cable company. Abeln/Moonen moved to recommend to City Council that the proposed amendments to the Shakopee Community Access Corporation By-Laws be approved as submitted by the Shakopee Community Access Corporation Board of Directors. Motion carried unanimously. Mr. Stock then went over the cable television monthly report with the cable commission. Mr. Lepley then went over the Shakopee Public Access report. Finally, Mr. Stock stated that the cable franchise fee for the first six months of 1986 had been received by the City of Shakopee. Moonen/Abeln moved to adjourn the meeting at 9 : 00 p.m. Motion carried unanimously. Barry A. Stock Recording Secretary PROCEEDINGS OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session Shakopee, Minnesota August 21, 1986 Chairman Ziegler called the meeting to order at 7 : 30 p.m. with Commissioners Schmidt, Spiotta, and Weeks present. Barry Stock, Administrative Aide, was also present. Commissioners Schwartz and Allen were absent. Weeks/Spiotta moved to approve the minutes of the May 15, 1986 and June 19 , 1986 meetings, as kept. Motion carried unanimously. Mr. Stock informed the committee that on August 5 , 1986 the Shakopee City Council moved to amend the Dial-a-Ride contract by deleting Section 12 G requesting the provision of a back-up vehicle. Mr. Stock noted that the original Dial-a-Ride contract required the contractor to provide a back-up vehicle not to exceed $600 . 00 per month. Upon review of the back-up vehicle, staff came to the conclusion that it did not conform to the operating standards that the City would like to maintain in our Dial-a-Ride program. After several discussions with the contractor, a mutual agreement was reached that would allow the City to delete the provision of the back-up vehicle from the Dial-a-Ride contract. Mr. Stock reported that the City has obtained a back-up vehicle through our Van Pool program for approximately $500 . 00 per month. This new back-up vehicle is in much better condition then the old back-up vehicle. Additionally, the new back-up vehicle acquired through the Van Pool contract can serve as a back-up to both the Van Pool and Dial-a-Ride programs. Amending the Dial-a-Ride contract will save approximately $1,200 per year and give the City a more reliable back-up vehicle. Because of the poor condition of the back-up vehicle provided by Kare Kabs, staff felt it was necessary to act quickly on this issue. While there was time to have the Energy and Transportation Committee review this issue, staff felt because of the noncontroversial nature of the issue it was simply easier to have the City Council approve the amending of the Dial-a-Ride contract without a recommendation from the Energy and Transportation Committee. The committee members concurred with Mr. Stock' s action. Mr. Stock then reported that the Scott County Solid Waste Advisory Committee had not had a meeting in over two months and that as far as he knew the County was proceeding with the drafting of proposals for a waste reduction facility in Scott County. He also informed the committee that this facility would be a joint facility used by both Carver and Scott Counties. The exact location of the plant has not been determined at this time but Mr. Stock felt that a likely site was the existing Louisville Landfill. Commissioner Spiotta questioned the type of waste reduction facility that is going to be built. Mr . Stock stated that he believed that the County' s proposals addressed the type of facility that Scott County did not want, to be more specific an incineration facility. The vendors who will be preparing proposals have the opportunity to propose whatever they feel like as long as it meets the minimum requirements of the County' s request for proposals specifications . Mr. Stock then informed the committee that at this time he had not heard of any funding that was available through the Metropolitan Council that could be utilized for the expansion of our recycling program. He reported that he thought a grant program for small pilot projects would be forthcoming in October or November of this year. Upon receipt of any information he will immediately forward it to the committee. Mr. Stock then went over the Dial-a-Ride and Van Pool monthly reports . Mr. Stock then gave the committee a brief update on the efforts of the City Hall Siting Committee. He informed them that the City Hall Siting Committee had narrowed down the possible sites to three choices and that a random sample survey of the residents in Shakopee was going to be conducted to analyze residents opinions on possible site locations . A survey of the downtown businesses would also be conducted. Following the survey results, the consultant will be making a recommendation to the Committee on where the city hall should be located. Mr. Stock then informed the committee that he felt a hi-monthly meeting schedule would be appropriate in light of the fact that the Van Pool, Dial-a-Ride and Recycling programs are all running smoothly. Weeks/Schmidt moved to adopt a hi-monthly meeting schedule effective immediately. Motion carried unanimously. Mr. Stock informed the committee that the next meeting was scheduled for October 16 , 1986 . Mr. Stock then informed the committee that the communities of Chanhassen, Chaska and Eden Prairie were opting-out of the MTC effective sometime this November. Chairman Ziegler questioned whether or not Shakopee could interface with this new system. Mr. Stock informed the committee that at this time there was no interfacing plan but that this was a definite possibility. After the new system in Chanhassen, Chaska and Eden Prairie is established, we will be looking at our options. Weeks/Spiotta moved to adjourn at 8 : 46 p.m. Motion carried unanimously. Barry A. Stock Recording Secretary vTc�, Charitable Gambling Control Board FOR BOARD USE ONLY Room N-475 Griggs-Midway Building License Number 1821 University Avenue St. Paul, Minnesota 55104-3383 PAID (612) 642-0555 AMT CHECK# W1uU� DATE GAMBLING LICENSE APPLICATION INSTRUCTIONS: A. Type or print in ink. B. Take completed application to local governing body, obtain signature and date on all copies, and leave 1 copy. Applicant keeps 1 copy and sends original to the above address with a check. C. Incomplete applications will be returned. Type of Application: ❑Class A — Fee $100.00(Bingo, Raffles, Paddlewheels,Tipboards, Pull-tabs) Class B — Fee $ 50.00(Raffles, Paddlewheels,Tipboards, Pull-tabs) Make:heckspayable to: Class C — Fee $ 50.00(Bingo only) Minnesota Charitable Gambling Control Board ❑Class D — Fee $ 25.00(Raffles only) ;Oes ED No 1. Is this application for a renewal? If yes,give complete license number ❑Yes❑No 2. If this is not an application for a renewal, has organization been licensed by the Board before? If yes,give base /J/,4 license number(middle five digits) Yes EJ No 3. Have Internal Controls been submitted previously?If no, please attach copy. 4. Applicant(Official,legal name of organization) A F r_Z,E 5. Business Address of Organization � r'(�,r-1""P N=�L �{t�C 2 �i``.�A r i_ .5 � L41 Z- ." '-Z 0 :rJ . 6. City, State,Zip 7. County 8. Business Phone Number 9. Type of organization: Fraternal ❑Veterans ❑Religious ❑Other nonprofit* *If organization is an"other nonprofit"organization,answer questions 10 through 13.If not,go to question 14."Other nonprofit"organizations must document its tax-exempt status. E 'Ies El No 10. Is organization incorporated as a nonprofit organization?If yes,give number assigned to Articles or page and book number: I RU ci Attach copy of certificate. E�4es 0 N 11. Are articles filed with the Secretary of State? G�Yes El No 12. Are articles filed with the County? lames El No 13. Is organization exempt from Minnesota or Federal income tax?If yes,please attach letter from IRS or Department of Revenue declaring exemption or copy of 990 or 990T. ,r-7, 1, ,--,,:,.--r., ❑Yes kNo 14. Has license ever been denied,suspended or revoked?If yes,check all that ap ly: ❑Denied ❑Suspended ❑Revoked Give date: - - 15. Number of active members 16. Number of years in existence Note: If less than four years,attach evidence of three years ,! 3 ) FSt�f C /N .�1'1 1'..j r- t existence. 17. Name of Chief Executive Officer 18. Name of treasurer or person who accounts for other revenues of the organization; Title Title Business`Phone Number Business Phone Number ( !- 11Q) ) U'-!5 - q- nom ( 1117- ) 7:2q- // Ji 19. Name of establishment where gambling will be 20. Street address(not P.O. Box Number) conducted - _.� ' - g r I s L �- - n, � S.r s- 21. City, State,Zip 22. County(where gambling premises is located) CG-0001-02(8/86) White Copy-Board Canary-Applicant Pink-Local Governing Body l� Gambling License Application Page 2 Type of Application: ❑Class A Class B ❑Class C ❑Class D Yes❑No 23. Is gambling premises located within city limits? Yes El No 24. Are all gambling activities conducted at the premises listed in #19 of this application? If not, complete a separate 1 i application for each premises(except raffles)as a separate license is required for each premises. El Yes VNo 25. Does organization own the gambling premises?If no,attach copy of the lease with terms of at least one year. Yes El No 26. Does the organization lease the entire premises?If no,attach a sketch of 27. Amount of Monthly Rent the premises indicating what portion is being leased.A lease and sketch $ is not required for Class D applications. �ti C1 C ' L1 El Yes No 28. Do you plan on conducting bingo with this license?If yes,give days and times of bingo occasions: 1 � Days Times !,Yes❑No 29. Has the $10,000 fidelity bond required by Minnesota Statutes 349.20 been obtained?Attach copy of bond. 30. Insurance Company Name31. Bond Number F < l�-� 1 •o 32. Lessor Name 33. Address 34. City, State,Zip 35. Gambling Manager Name 36. Address 37. City, State,Zip 1 ., 1 c,1. K�c 38. Gambling Manager Business Phone 39. Date gambling manager became ( !A9 member of organization: GAMBLING SITE AUTHORIZATION By my signature below,local law enforcement officers or agents of the Board are hereby authorized to enter upon the site, at any time, gambling is being conducted, to observe the gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below,the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account whenever necessary to fulfill requirements of current gambling rules and law. OATH I hereby declare that: 1. I have read this application and all information submitted to the Board; 2. All information submitted is true, accurate and complete; 3. All other required information has been fully disclosed 4. 1 am the chief executive officer of the organization; 5. 1 assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. 1 will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if licensed,to abide by those laws and rules, including amendments thereto. 40. Official, Legal Name of Organization f1 i P-i1 41. Signature(must be signed by Chief Executive Officer) E,A-r rZ K)A)~ C?R-D � n f' y r1 -t e 5 1� � X'� �, Title of Signer Date _ `/- ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the board, will become effective 30 days from the date of receipt(noted below), unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 30 days of the below noted date. 42. Name of City or County(Local Governing Body) If site is located within a township,item 43 must be completed,in addition to the county signature. T� hE A � (`,P F.-= Signature of person receiving application 43. Name of Township X Title Date received(30 day period Signature of person receiving application begins froC,_ this date) City_, Clerk Ici-18t> X 44. Name of Person delivering application to Local Governing Body Title CG-0001-02 (8/86) White Copy-Board Canary-Applicant Pink-Local Governing Body /7 MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Sign located on Brambilla building at 117 First Ave. West DATE: October 16, 1986 The complaint was given to Howard Jones on September 26, 1986 relative to a sign which was being painted on the building owned by Mr. Jack Brambilla. Later that same day a warning ticket was presented to an employee of Richard' s of Shakopee, the business which was being advertised on the sign owned by Mr. Brambilla. On September 30th, Mr. Brambilla attended the Council meeting and said he was not in violation of the sign ordinance and that his sign was existing prior to the adoption of the current zoning ordinance provisions which would not allow this particular type of sign. (Mr. Brambilla has a non-conforming sign) . Subsequent to discussing this item with Mr. Howard Jones the City' s Sign Enforcement staff person and with the City Planner and City Attorney it has been determined that Mr. Brambilla' s sign has not been enlarged in size and that technically is not in violation of the sign ordinance. Therefore, no further action is going to be taken by the City relative to warning ticket #543 . Ehlers and Associates,Inc. NEWSLETTER L E A D E R S I N P U B L I C F I N A N C E 0 W-111111111111111: 1 1 OFFICES IN MINNEAPOLIS AND WAUKESHA • 507 Marquette Avenue • Minneapolis; MN 554021255 612-339-8291 VOLUME 32, NUMBER 5 FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members October, 1986 TAX REFORM - A LASTING IMPACT Tax reform has finally become a reality and hopefully the uncertainty in the market brought about by the Tax Reform Act will be ended. We do know that municipal finance will be more complicated and specialized. A three tier municipal market may result. There would be a tax-exempt market as we know it today where interest earned is not subject to any federal taxation. There could be a second tax-exempt market with interest earned subject to the alternative minimum tax (AMT). These tax-exempt bonds subject to AMT may carry an interest rate 1/2 to 3/4 of 1% higher than other tax-exempts. There will be an additional market where municipalities issue taxable bonds. Interest rates are projected to be 2% higher than that of U.S. Treasury securities. SAVINGS FROM POOLED BOND FINANCING Most pooled bond financing has been designed around variable rate financing to maximize the arbitrage spread the pool bond proceeds can generate. The Tax Reform Act has tightened the arbitrage restrictions on pooled bond financing. With less difference between long term and short term municipal interest rates and the lack of arbitrage, pooled bond financing is not as attractive. Promoters of the pooled financing still argue that this financing method will generate an interest savings to municipalities. What the promoters overlook is the high quality credit found in Upper Midwest bonds. Municipal bonds in the Upper Midwest generally trade at lower interest rates than bonds from other parts of the United States. A comparison of projected pooled bond interest savings as of September, 1986 is demonstrated as follows: Projection Using Projection Using National Index Upper Midwest Index 20 year"A" rated municipal bond 7.625% 6.5% Less: 7 day variable bond interest rate for pooled financing 4.5% 4.5% Project coupon savings 3.125% 2.0% Less ongoing pooled financing operating expense; For underwriter 1.00% 1.00% For local administration .50% .50% Projected actual interest savings .50% per year for pooled bond financing 1.625% The projected interest savings of 1/2 of 1% for Upper Midwest pooled financing is not a substantial enough difference in our minds to justify the other risks associated with pooled financing. FUTURE SHORTFALLS IN SPECIAL ASSESSMENT SINKING FUNDS? With the rush by homeowners to refinance home mortgages, many outstanding special assessments are being prepaid. Municipalities are finding that they can only reinvest the prepaid special assessments at 7 to 7 1/2% even though the bonds issued to finance the special assessments are outstanding at a 2% to even 3% higher interest rate. Check the call dates on the bonds to see when they can be paid off. This shortfall in future interest earnings could result in future tax levy or an increased future tax levy. An analysis of the sinking fund out to the maturity date of the bonds is recommended to determine the future tax impact. Ehlers and Associates has assisted many communities in completing this analysis. Please call for assistance. Very truly yours, EHL RS AND ASSOCIATES, INC. even F. 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W i J w J C Z z < w w 11% L w F- �r D `+ < > O t9 0 n J < ►� n �•+ z Z w C C n L L = L C < X E m ., oZ < > < W W W W OZ 'W » 0701- tlZC WCOwCCZrW00 W 7 �+ O < F < W U DO AIL IL IL n fL mnEDw � a �" LJLLI- FL �+ � CU0C c a V O U L OIt onNoNP1U ^ ooP0 .- OooOoa ^ n ^ n t ^ n t o t N t co Zu o .- M *tr71AnU1 �t NMMMPn ^ ^ ^ NNMn -0 Dnnr' t t • m t t' NNNRINN WNMMMM M M M M M M MMMP �t s in i F t P s t, LL f'YPPTPrrP t �, Pr7t• P �tPTPTP 'tPf• TY .t � vlvt' t rP • r t ! tt t su v IL In z pq njr In 0 > to w tj 01, Ic IA IL go. 0 0, u rk Ic � �„ to � � I i , � � In or II i � � � � t IK 0 IL W IK 4c D 4c ob In z U Ir 4c rl W L qr 10 4c L 0 le IL Ld z W :) M S w u LL ul z co 0 0 w 0 u (a z u MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: The discussion of the offer to purchase the property commonly known as the House of Hoy DATE: October 17, 1986 INTRODUCTION• Early this summer the HRA authorized the preparation of an appraisal for the property located on the NE corner of First Ave. and Holmes Street and commonly known as the House of Hoy. Subsequent to the receipt of the appraisal the HRA directed the City' s negotiating team to meet with the property owner, Deloris Hoy, and attempt to arrive at a mutually acceptable purchase price for the property. BACKGROUND: It is contemplated that the property would initially be used partially for the construction of a "free right hand turn lane" for the westward to northward bound traffic on First Avenue. The building which is presently located on the property would be demolished prior to purchase by the HRA. It is contemplated that once the "mini by-pass" is constructed along with the new bridge across the Minnesota Bridge, that the entire parcel would be available for redevelopment purposes. The offer to sell by Ms. Hoy is in the amount of $164, 200 . 00 . The purchase agreement calls for an earnest money deposit of $500 and the remaining balance of $163 ,700 in cash to be paid on or before November 30, 1986. The agreement also envisions that the date of closing will be on or before November 30 , 1986. The purchase agreement also provides for the seller to not commence demolition of the structures on the subject property until at such time as the HRA has been furnished with an updated abstract of title and/or a registered property abstract covering the property. The reason for this provision is that if the title of the property is not marketable, Ms. Hoy does not want to demolish the structure only to find that the HRA will not purchase the property because of a cloudy title. ALTERNATIVES: 1. Authorize the Chairman and Executive Director to purchase the property in the amount of $, from Ms. Deloris Hoy. 2. Reject the offer submitted by Ms. Deloris Hoy and direct the negotiating team to meet with her further in an attempt to negotiate a mutually satisfactory purchase price. RECOMMENDATION: It is recommended that the HRA discuss the purchase of this property in executive session as is provided for by Minnesota Statutes. During the session the HRA can discuss the various relevant aspects of this particular proposal. If the HRA desires to purchase the property this must then be done in open session. The HRA can not make any binding decisions in executive session. REQUESTED ACTION: Move to recess the special meeting of the HRA of the City of Shakopee and to go in to executive session for the specificate purpose of discussing the potential acquisition of the property located at the NE corner of First Ave. and Holmes Street and which is currently owned by Deloris Hoy. MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director �V RE: Merchants Hotel Parking Potential 1� DATE: October 16 , 1986 At the October 7th HRA meeting during the discussion of the potential purchase of the Merchants Hotel by the City the question was asked relative to the number of parking spaces which could potentially be put on this property. According to preliminary calculations 40 to 56 parking spaces would be able to be put on this site. This number could very slightly depending upon the design utilized for the parking lot and the amount of landscaping which would be developed. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 30 , 1986 Mayor Eldon Reinke called the meeting to order at 7 : 05 p.m. with Wampach, Lebens , Vierling, Leroux and Mayor Reinke present. Absent, none. Also present were Finance Director Gregg Voxland, Community Development Director Dennis Kraft and City Administrator John Anderson. The Mayor asked if there was anyone wishing to speak on any item not on the agenda. Jack Brambilla was present and was recognized by the chair. Jack explained that he had been issued a citation (tab charge) for his advertising sign. Jack explained that the sign dimensions had not been changed and that he had merely updated the message on the sign. He stated that the sign must either be in conformance with the sign ordinance or grandfathered because he had not been sited in the past. Cncl. Lebens indicated that she was the individual who had contacted the code enforcement office and asked that the sign be checked. She stated that it was her impression, and that of other citizens, that the sign had been enlarged. There was considerable discussion about the sign and the possibility that it may have been grandfathered. Lebens/Vierling directed staff to review citation ( tab charge) 4543 given to Jack Brambilla regarding his sign to determine the signs present status and to waive the seven day compliance requirement until the issue was resolved. Motion carried unanimously. The Mayor then invited staff to begin discussion on the proposed 1987 budget. Finance Director Gregg Voxland indicated that there were three basic decision areas for the Council to address : ( 1) Cutting proposed expenditures , ( 2 ) Determining how many mills the Council wishes to levy in 1987 , and ( 3 ) determining the amount and form of interfund tranfers Council wishes to make to "buy down" the mill levy for 1987 . He suggested Council begin with No. 1. Leroux/Leben moved to budget a 3% wage adjustment in the 1987 budget rather than the 4 . 5% presented in the initial draft. Motion carried unanimously. Leroux/Wampach moved to reduce the Community Development Division budget for professional services by $5 , 000 , hire the Community Planner beginning March 1, 1987 , to discontinue the umbrella insurance coverage purchased by the City, and to reduce the contingency budgeted for comparable worth for 1987 by $10 ,000 . Motion carried with Cncl. Lebens opposed. Leroux/Vierling moved to make no change in the dog license fees. Motion carried unanimously. Vierling/Wampach moved to start the notice and hearing procedures for a 10% liquor license increase. Motion carried unanimously. Leroux/Lebens moved to include $25 , 000 for an additional police officer to begin April 1, 1987. Motion carried unanimously. There was additional discussion regarding the $2, 500 budgeted for the Eagle Creek Parking lot. Councilmembers decided not to delete it from the draft budget and requested that staff present more definitive material about the plans when presented to Council in 1987 for specific authorization. Vierling/Leroux moved to shoot for an 18. 5 mill levy, a transfer of $364,000 from various TIF District to the General Fund and to budget the full $269 , 000 transfer from the General Fund to the Capital Improvement Fund. After considerable discussion the make of the motion and the person seconding the motion offered the following revised motion. Vierling%Leroux moved to amend their initial motion to shoot for an 18. 5 mill levy for 1987. Motion carried with Cncl. Lebens and Reinke opposed. Leroux/Vierling moved to budget a $269, 000 transfer from the General Fund to the Capital Improvement Fund in 1987. Motion carried unanimously. Leroux/Vierling moved to budget the $364 , 000 TIF transfer to the General Fund. Motion carried with Cncl. Lebens opposed. The Finance Director clarified that he would need to transfer additional funds in 1986 to cover 1987 debt service requirements so that he could cancel debt service levies under the plan outlined by Council above. There was general agreement that this would need to be done. Cncl. Leroux noted that the $30,000 to be used to purchase the rubberized rail crossings in 1986 would have to be transfer to 1987 since the program would not be scheduled for construction in 1987. There was general consensus that this would be represented as a draw down on unexpended fund balances not expended in 1987. Leroux/Vierling moved to receive and file the letter from Brendt Richardson, Deputy County Administrator regarding the former site on the Women' s Correctional Facility. Motion carried unanimously. Vierling/Wampach moved to approve Change Order No. 2 to the Fourth Avenue Street Reconstruction, Project 1986-1, in the amount of $9 , 982 . 50. Ross Call: Ayes: Cncl. Wampach, Vierling, Leroux & Reinke Noes: Cncl. Lebens Motion carried The Mayor introduced item 6b, the Authorization of a Request for Proposals (RFP) for the Former site of the Women' s Correctional Facility in Shakopee. Discussion followed regarding the pros and cons of the City' s involvement in the sale of the facility. Leroux/Vierling moved to approve the attached Request for Proposals for the site of the former State of Minnesota Correctional Facility and direct the City Administrator to solicit bids for the development of this property. (DOC No. CC- 125 ) The City Administrator noted that for Council convenience it would be advantages to change the RFp deadling from October 22 to October 21 which was a normal meeting date for City Council. Motion carried unanimously. Vierling/Leroux moved to authorize the City Administrator to contract with Government Training Services to provide supervisory training at an approximate cost of $2 ,140. 00 . Roll Call: Ayes: Cncl. Vierling, Leroux & Mayor Reinke Noes: Cncl. Lebens and Wampach Motion carried Lebens/Leroux moved to adjourn at 8: 42 p.m. Motion carried unanimously. Judith S. Cox City Clerk John K. Anderson Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL �l REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 7, 1986 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Leroux, Vierling and Wampach present. Cncl. Lebens was absent. Also present were John K. Anderson, City Administrator; Judith S. Cox, City Clerk; Kenneth Ashfeld, City Engineer; and Julius A. Coller II, City Attorney. Leroux/Vierling moved to adjourn to HRA meeting. Motion carried unanimously. Vierling/Leroux moved to reconvene. Motion carried unanimously. Mayor Reinke read the City's Non-Discrimination Policy. Liaison Reports were given by councilmembers. Mayor Reinke asked if there was anyone from the audience who wished to speak on anything not on the agenda. Mike Luce, 913 S. Atwood, Shakopee, brought up his concerns about the construction work around the school on 4th Avenue. He believes it could be a hazard to have the equipment running when the children are coming to school and leaving the school. The City Engineer said he would contact the contractor and see if something could be arranged for those times that the children are coming and going from school. Vierling/Leroux moved to receive and file the application of Ray Siebenaler for the vacancy on the City Council. Roll Call: Ayes: Unanimous Noes: None Motion carried Vierling/Leroux moved to receive and file the application of Delores Morke for the vacancy on the City Council. Roll Call: Ayes: Unanimous Noes: None Motion carried The City Administrator asked if any councilmembers were planning to attend the League of Minnesota Cities Policy Adoption Meeting on November 20, 1986, at 9:00 a.m. Cncl. Vierling will attend. Leroux/Wampach moved to receive and file the League of Minnesota Cities meeting notice. Motion carried unanimously. Vierling/Leroux moved to receive and file the application of Alan E. Breuer for the vacancy on the City Council. Roll Call: Ayes: Unanimous Noes: None Motion carried Vierling/Leroux moved to receive and file the application of Clifford D. Stafford for the vacancy on the City Council. Roll Call: Ayes: Unanimous Noes: None Motion carried Vierling/Wampach moved to receive and file the letter from Canterbury Downs on their plans to have night racing beginning at 7:00 p.m. on weekday evenings through November 30, 1986, on a test basis with the understanding that the City review this at the end of the racing season. Motion carried unanimously. City Council October 7 , 1986 Page -2- Leroux/Wampach moved to reopen the public hearing from September 23 , 1986 , on the proposed improvements to 13th Avenue from CR 89 to East corporate limits 1986-9 . Motion carried unanimously. Cncl . Leroux questioned the methodology of assessments because it has been the City' s policy in the past to expend state aid funds where at all possible for oversizing and overdesign. The City Engineer outlined the assessments and how they were calculated on the chalk board. That part of the road to be assessed is 36 feet with a 9 ton design. Because the area is zoned industrial, the road will be constructed to a 44 ' width with the city paying the additional $44,307 out of municipal state aid funds . The City Engineer said that a few weeks ago the City became aware that part of the roadway that the City is using and maintaining it now con- sists of Tract A of a registered land survey. The owners of Tract A and Q want to sell the easement rights or block off the use of the land. The City only needs Tract A to complete this project. Al Roberg said he received a letter from the owners claiming that he is using their property when he crosses the roadway to go to 101. Robert Stewart said it was his brother, Phil Stewart who developed the land and it was not known at that time that they did not have an easement. Cncl. Leroux said that the City will not do anything on acquiring the property unless it is brought up to city standards which means it has to be paved. Mike Luce, 913 Atwood, asked about the liability saying that if the City keeps the road up are they liable. The City Attorney answered that if they keep the road up the City will be liable for negligence unless they give the public 30 days notice that they will no longer maintain the road. Leroux/Vierling moved to close the public hearing. Motion carried unanimously. Vierling/Leroux moved that the City Attorney attempt some preliminary negotiations to acquire Tract A not Q. Motion carried unanimously. Leroux/Vierling offering Resolution N6-.- 2625, A Resolution Ordering An Improvement and the preparation of Plans and Specifications for 13th Avenue from CR 89 to the East Corporate Limits, Project No. 1986-9, and moved its adoption. Leroux/Vierling moved to table Resolution No. 2625 until the City acquires right-of-way. Motion carried unanimously. Discussion ensued on the methodology of assessment using the 60/40 percent. It was the consensus of the Council to have staff investigate other alternatives as to assessing the other residential lots and come back to the council with their findings . Dan Cheever, expressed a concern of trucks using the road now being that they are heavy for a 9 ton road. City Council October 7, 1986 Page-3- Leroux/Vierling moved to open the public hearing on the 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. Motion carried unanimously. The City Planner said that the Planning Commission approved the conditional use permit for outdoor storage and that it has been appealed to the City Council by approximately 35 residents surrounding the area. Mary Alice Swan who is involved in the sale otf this property, stated that once this project is completed that it will enhance this area when the landscaping is completed. Don Lee, 1701 E. Shakopee Avenue said he lives on the bluff overlooking this area and he feels it will devalue his property by having a junk yard below. Howard Schmitt, 1796 Eagle Creek Blvd. submitted a statement to the City Council in regards to the proposed storage, stating that he feels it would devalue his property and that it will hurt the normal development of the surrounding properties. Ms. Swan stated that this storage area is not intended to be a junk yard. She submitted pictures to the Council that were taken around the twin cities, of other impound lots. Horace Mayo, general partner in the investment group that owns the 23 acres immediately west of the proposed site, feels that it would not be a very good use for this area with the surrounding residences or be in good interest to the City. Gene Berg, 1601 E. Shakopee Avenue also spoke against this proposed project stating that in time impound lots begin to look like junk yards. Dave Czaja, 5262 Eagle Creek Blvd. stated that it was not a unanimous decision by the Planning Commission to approve this conditional use permit. Cbncerns were raised by the counci].members on leaking fluids and groundwater pollution. Mr. Koehnen said that this will not be a junk yard or a wrecking yard. The capacity to what is now being used is 4 times as much. It was the consensus of the council to have staff order an appraisal of the surrounding area as to the effect this project might have on the value of surrounding properties. Leroux/Vierling moved to continue the public hearing to October 21, 1986, at 7:00 p.m. Motion carried unanimously. Leroux/Vierling moved for a 5 minute recess at 9:25 P.M Motion carried unanimously. Leroux/Vierling moved to reconvene at 9:44 P.M. Motion carried unanimously. City Council October 7, 1986 Page -4- Leroux/Vierling moved to open the public hearing to consider the suspension or revocation of beer and liquor licensees not in compliance with the city code. Motion carried unanimously. The City Clerk reviewed the City's policy on filing liquor license policies with the City within 90 days after the effective date. The City has received policies from all the establishments except two being from Brooks Superettes on Marschall and Canterbury Road. A number of the policies are not in order and the city is waiting for endorsements covering the corrections. Tim Claire, RIS Limited, said that this will continue to be an overall problem in the future, being that the liquor liability insurance is only part of a more comprehensive policy for those establishments. He also explained that there is only one company writing liquor liability insurance in Minnesota in addition to the State and that they are behind on issuing policies. Leroux/Vierling moved to continue the public hearing to November 4, 1986, 8:00 p.m. with notification to all beer and liquor licensees not currently in compliance that if they are not in compliance with the code by November 4, 1986, the Council will suspend their license until they are in compliance. Motion carried unanimously. Leroux/Vierling moved to direct staff to notify R. Hanover Inc. and Minnesota Con- cessions Inc. that a hearing is set for November 4, 1986, at 8:30 p.m. to consider the suspension or revocation of their liquor license if they are not in compliance with the requirements of the City code, section 5.09 subd. 3. Motion carried unanimously. The City Planner said that the developer of the Prairie House 1st Addition has sold two of the parcels to the U.S. Fish and Wildlife Service who will not sign the developers agreement. The applicant requested that the park dedication payment on those two lots purchased by Fish and Wildlife be deffered to a later date. Leroux/Vierling moved 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 l or 2Block 1 whichever occurs first. Motion carried unanimously. , , The City Administrator addressed the Council on one item that is not on the agenda being the easement for the sewer line across the railroad tracks that serge this property. The city has received a check for $1,800.00 from the developers of Prairie House which will pay for a city easement across the railroad property. Leroux/Vierling offered Resolution No. 2640, A Resolution of the Shakopee City Council Authorizing Approval of the Proposed Agreement Tendered by the Chicago-Northwestern Transportation Company and authorizing the Proper Parties to Execute the Same on Behalf of the City, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried Vierling/Leroux moved to 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. Roll Call: Ayes: Unanimous Noes: None Notion carried City Council October 7, 1986 Page -5- Leroux/Wampach moved to authorize appropriate City officials to enter into a one year employment agreement with Barry Stock as Administrative Intern at the rate of $9.13 per hour and that it be reflected as a promotion from Aid to Assistant. Roll Call: Ayes: Unanimous Noes: None Motion carried Leroux/Wampach moved to 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. Motion carried unanimously. Vierling/Leroux moved to authorize the appropriate City officials to by-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. Roll Call: Ayes: Unanimous Noes: None Motion carried Vierling/Leroux moved to have the Public Works department, because of their work load, cease sidewalk maintenance on East Shakopee Avenue from Pearson school to Marschall Road, but continue sidewalk plowing this winter season until April 1, 1987, and send a notice to the affected property owners to notify them of this action. Roll Call: Ayes: Unanimous Noes: None Motion carried. Wampach/Vierling moved to approve Change Order No. 3 in the amount of $3,500.00 to the 1986-3 Holmes Street Basin Lateral Project. Roll Call: Ayes: Unanimous Noes: None Motion carried Vierling/Leroux moved to reject all bids on the Railroad Crossing Improvements Project No. 1986-10. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Leroux moved to direct staff to work with the Chicago-Northwestern Railroad and the Minnesota Department of Transportation in pursuing a federally funded corridor imporvement project for the railroad corridor in Shakopee. Roll Call: Ayes: Unanimous Noes: None Motion carried Leroux/Vierling moved 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. Motion carried unanimously. Discussion ensued on two design elements, those being sidewalks and storm sewer, as part of the project. The consensus was to include storm sewer in the design F but not additional sidewalks. Wampach/Vierling moved to approve the bills in amount of $150,136.88 Roll Call: Ayes: Unanimous Noes: None Notion carried Leroux/Wampach offered Ordinance No. 207, 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, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Vierling offered Resolution No. 2638, A Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1987, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried City Council October 7, 1986 Page -6- Vierling/Leroux offered 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 moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried Vierling/Leroux offered Resolution No. 2632, A Resolution Appointing Judges of Election and Establishing Compensation, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried Leroux/Vierling offered 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, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried Vierling/Wampach offered Resolution No. 2636, A Resolution Directing the County Auditor not to Levy a Tax for Debt Service for Selected Bond issues, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried Wampach/Vierling offered Resolution No. 2634, A Resolution Approving 1986 Tax Levy, Collectible in 1987, and moved its adoption. Roll Call: Ayes: Cncl. Leroux, Wampach, Vierling Noes: Mayor Reinke Motion carried. Leroux/Wampach offered Resolution No. 2639, A Resolution Apportioning Assessment Among new Parcels Created as a Result of the Subdivision of Land Parcel No. 27-909-071-0 and No. 27-909-013-0 and Repealing Resolution No. 2579. Rall Call: Ayes: Unanimous Noes: None Motion carried The City Administrator said that Mr. Jim Hauer has requested permission to stock pile earth on the lots owned by the City, to backfill the basement of the House of Hoy upon demolition of it. Leroux/Vierling moved that the proper city officials enter into an agreement with Mr. Hauer to stockpile dirt for a period of time to be determined by the proper City officials with bonding for removal and insurance for the period of stockpile. Motion carried unanimously. Vierling/Leroux moved to adjourn to October 21, 1986 at 7:00 P.M. Motion carried unanimously. Meeting adjourned at 10:50 p.m. Judith S. Cox City Clerk Carol L. Schultz Recording Secretary lilt LLLJ league of minresota cities October 9, 1986 T0: Mayors, Manage s d Clerks QCT 1 41986 FROM: Donald A. Sla (x cutive DirectorS!—IF c�.JI�EE CITY G RE: Proposed policies and the policy adoption meeting Enclosed with this letter is a copy of the League of Minnesota Cities' 1987 ' Proposed City Policies and Priorities. Please consider them carefully and share them with other officials in your city. We are sending them out now, so you will have time to take formal action on them at a council meeting prior to the League's Policy Adoption Meeting on November 20, 1986. The Policy Adoption Meeting is in addition to the League's Legislative Conference which will be held on March 10, 1987. The League Board requested the change to boost participation in the policy adoption process and to give League lobbyists more time to prepare legislation before the session begins. The timing for policy adoption is only one of the changes in the process this year. The other major change was to bring up policy issues at the League' s regional meetings so city officials could discuss the policies, offer comments, and express their opinions. League staff then took this information back to the policy committees for consideration. This gave more city officials a chance to mold the policies during the early stages of policy development. And, from the comments on the regional meeting surveys, League members appreciated this opportunity. Again, please study the enclosed policies, and plan to attend the Policy Adoption Meeting on November 20, 1986 to vote on them. Remember, each city has a vote at that meeting. The Policy Adoption Meeting will be at the Sheraton—Midway Hotel in St. Paul, beginning at 10:00 am. (Registration opens at 9:00 am -- See attached information for details.) I 83 university avenue east, St. Paul, minresota 551 01 (01 2) 227-5000 i Policy A We're doing thins differently this � • year . . . What: The League will adopt legislative policies in November this year, instead of at the beginning of the l legislative session. Agenda Why: Adopting policies earlier will give League mem ! 9-10 a.m. bens and lobbyists an opportunity to contact legislators Registration (coffee and rolls) and draft legislation concerning policies before the ses- sion begins. 9:15-9:45 a.m. Where: The Policy Adoption Meeting will be at the Pre-conference policy briefing Sheraton Midway-St. Paul off of Hwy. 94 (400 N. ! 10 a.m. Hamline Ave.). ! Policy adoption Mien: Thursday, Nov. 20, 1986 at 9 a.m. Who: All member cities should to to attend. Each ! . . . lunch on your o«-n . . . city has a vote. There is no fee for this meeting. i Cost: There is no fee for this meeting. i Legislative policy adoption meeting Thursday, November 20, 1986 Sheraton Midway St. Paul { 400 North P.amline 3 St. Paul, uti 55104 ! Q Q City: Contact Person: Telephone P A.C. L E I L A P R I R! I ! t: Name Title Address Zip Code T Send registration to Gayle Brodt, League of Minnesota Cities, 183 University Ave. East, St. Paul, Ml� 55101 s Leayae of N.innesota Cities Navarber Sheraton Midway-St,Paul 20, 1986 I E" 400 North Hamline,St.Paul,h innesou 55104 To insure space/rate availability, please «, (612)642.1234 respond prior to Novetixr 1, 1936. C Name Please Specify- .-.r ` Representing $56.00 + Tax Single (one Person) 0 + Address $56.00 + Tax rouble (T-o People) 1+1 City S+ate Zip ..r i I ! i I U, 11 e„rve afie• 4.00 P.M.. Piease Quare !ee rhe rese,�ehon w"h Y•i1 MONTH DAY 1 YEAR I ARRIVAL 71M.E MONTH D4Y YEAR ARRIVAL DATE DEPARTURE DATE (C,edo Card) Number and E.pi,ehon. De1e i CHECK IN TIME 3:00 PM (_) CHECK OUT TIME 1:00 PM ielep!.o�e s October 1986 47 association of metropolitan municipalities ANNUAL AMM LEGISLATIVE POLICY ADOPTION MEETING DATE : Thursday, November 6 , 1986 TIME : 5 : 30 P .M. >` �L LOCATION : Fox & Hounds Restaurant I-35E & Larpenteur Ave. Maplewood , MN . n" X AND �0 ZEE ND11ND.3 ti 5 : 30 to 6 :30 6 : 30 to 7 : 30 P .M. 7 : 30 to 9 :30 P .M. Complimentary Deluxe Buffet * Policy Adoption Attitude Dinner Meeting Adjustment Hour (Sponsored by Piper, $13 . 00/Person Jaffray & Hopwood) DINNER RESERVATIONS BY MONDAY NOVEMBER 3 , 1986 • TO CAROL WILLIAMS - - 227-5600 DISTRIBUTION TO: *This notice has been mailed to Mayors, Designated Delegates and Managers/Administrators. Copies of the proposed policies have been mailed to Managers or Administrators only. Please distribute to Mayors and Councilmembers. Thank you. 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 ,%.W `W O/c- Attention: John Anderson, Shakopee City Administrator & The Shakopee City Council Re: 25 ft. easement located in Eaglewood Addition, Shakopee, Nal As property owners in Eaglewood Addition, we request this easement be closed for public use. This easement is located by a culdesac and exits onto County Road 17. The easement is not properly maintained for driving use. It has been washed out by the rain and therefore has many grooves and gullies. The easement needs gravel and grading to be put back to proper driving use. In the event of an obstruction on the roadway, the easement would only serve the first 1/4 of the addition. The back 3/4 of the development would not have an alternate route. The easement serves as an easy access for burglars and vandals to enter and exit without being recognized. Juveniles and young adults have been seen and heard doing improper driving and unnecessary acceleration in the culdesac. We believe it would benefit the community to close the easement off to public use. W� I R.a �� Q ti c moo, Terry Ege Ross Wagerier 2075 Eaglewood Lane 2072 Eaglewood Lane Shakopee, MN 55379 Shakopee, MN 55379 t —� xe� � `--� Ro r Bauer Terrance 0. Malum Eaglewood Lane 2063 Eaglewood Lane Shakopee, MN 55379 Shakopee, MN 55379 OCT 1 41986 Cl"Y OF S-HAKOPCE f-� OCT 2 01986 CITY OF S-HAKOPf...E" Shakopee City Council City Hall Shakopee, MN 55379 I would like to apply for the vacant seat on the Shakopee City Council . Following is a list of the organizations that I have served on or aria presently serving On: Shakopee Community Service Board of Directors - Vic e-Chairpers��n Energy and Transportation Committee - Chairperson Shakopee Community Acc=ess Corporation - Chairperson This experience of working with City staff would be a valuable asset if I was to serve on the City Council . Your consideration of this application would be greatly appreciated. Sincerely, Robert J. Ziegler 1077 Merrifield Shakopee, MN 55379 Phone: 445-3078 Robert J. Ziegler 1077 Merrifield St . Shakopee, MN. POSITIONS: Design Drafter / Cad Cam Operator -July 1982 - Pres. Thermo King, Bloomington' MN. Designer - March 1982 - July 1982 Senior Design , Bloomington, MN. Design Engineer - June 1974 - March 1982 Kawasaki Motor Corp. ' Shakopee, MN. Layout Drafter - Nov. 1973 - June 1974 Control Data Corp. , Bloomington, MN. Drafter - Nov. 1971 - Nov. 1973 MTS Systems Corporation , Eden Prairie, MN. Jr . Design Drafter June 1970 - Nov. 1971 Mommoth Div. ' Lear-Seigler , Plymouth, MN. Drafter - Feb. 1970 - June 197(:- Continental Machine, Savage, MN. � Drafter - April 1967 - Feb. 190) National Poly Products, Mankato, NN. EDUCATION: Loyola High School - Graduated 1961:::' Mankato, MN. Mankato Area Vocational School - Graduated 1964 Mankato, MN. Studied Mech. Drafting ' NormandaIe Jr . College - business and general Bloomington, MN. Licensed real estate sales person in Minnesota affiliated with Inovative Reality, Shakopee, MN � o Ak f ' 183 University Ave. E., St. Patel, MN 55101-2526 (612) 227-5600 October 18, 1986 TO: Mayors , Managers , Clerks FROM: Ann Higgins , Federal Liaison SUBJECT: THREAT OF PRESIDENTIAL VETO OF CLEAN WATER ACT REAUTHORIZATION CITIES URGED TO SEND TELEGRAMS TO WHITE HOUSE IN SUPPORT OF BILL Congress has, at long last , approved reauthorization of the Clean Water Act providing Minnesota cities and other communities across the nation with urgently needed grants for sewer and wastewater treatment facilities. Please send telegrams to President Reagan immediately, urging him to sign this important legislation. Attached please find a .copy of the telegram sent to President Reagan by the League . Send telegrams to: President Ronald Reagan The White House Washington, D .C . 20500 Minnesota will receive approximately $145 million a year over the next four years for grants to local communities for needed modernization t of sewer and treatment facilities and to aid cities in meeting federal clean water standards. There is little likelihood that state funds would be increased to replace federal funds lost if the President vetoes the reauthorization bill . - Also important to Minnesota cities are compromise stormwater management requirements contained in the bill . Regulations issued earlier this year by the U .S. Environmental Protection Agency would require all cities to map, identify, monitor , and obtain permits for thousands of stormwater outfall locations . Compromise requirements have scaled back such unreasonable and extremely costly regulations and provide for stormwater management planning to include participation by local officials . If President Reagan vetoes the bill , the original EPA regulations are likely to go into effect , thereby requiring every city to undertake difficult and costly identification and permitting programs to control non-stormwater run-off whether or not it is a major source of contamination. The League has sent a telegram to the White House urging the President to sign the Clean Water Act reauthorization as approved by Congress. The $ 18 billion appropriation will fund the program for the next eight years and provide needed federal grant support to help cities modernize wastewater treatment and improve water quality. TELEGRAM SENT THURSDAY , OCTOBER 16 , 1986 PRESIDENT RONALD REAGAN THE WHITE HOUSE 1600 PENNSYLVANIA AVENUE WASHINGTON , D .C. 20500 MR. PRESIDENT: STRONGLY URGE YOU SIGN CLEAN WATER ACT REAUTHORIZATION . LEAGUE OF MINNESOTA CITIES RECOGNIZES THAT LEVEL OF FUNDING TO CURB WATER POLLUTION IS HIGHER THAN THE $6 BILLION YOU RECOMMENDED . URGENT ENVIRONMENTAL NEEDS AND APPROACHING DEADLINE FOR MEETING FEDERAL CLEAN WATER MANDATES MAKE HIGHER FUNDING LEVELS NECESSARY. MORE THAN 600 CITIES IN MINNESOTA ARE ELIGIBLE TO RECEIVE FUNDS FOR NEEDED PROJECTS. 2/3 OF THOSE PROJECTS ARE LOCATED IN RURAL AGRICULTURAL AREAS. CITY REVENUE SOURCES ARE NOT ADEQUATE TO COVER COSTS OF REPLACING OR MODERNIZING OUTMODED SEWER AND TREATMENT FACILITIES . ELIGIBLE NEEDS IN MINNESOTA TOTAL $1 BILLION. COMPROMISE ON STORMWATER PERMIT REQUIREMENTS ALSO MAKES IT POSSIBLE TO REDUCE CONTAMINATION FROM NON-STORMWATER RUN-OFF INTO STREAMS AND RIVERS. JAMES MILLER CITY MANAGER, MINNETONK.A PRESIDENT , LEAGUE OF MINNESOTA CITIES MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Appeal of Conditional Use Permit No. 471 DATE: October 17, 1986 Introduction• At their October 7 , 1986 meeting the City Council approved a motion to continue the public hearing on the appeal of a conditional use permit, approved by the Planning Commission, which permits Lester Koehnen to conduct outdoor storage of transportation equipment in the I-1 Light Industrial zone. Background: The City Council directed staff to research how the proposed conditional use would impact property values as well as affect the future development of vacant adjacent properties. The Council also requested clarification on the possibility of ground water pollution. At the October 7th hearing, testimony was presented by several adjacent property owners which indicated, in their opinion, the value and future value of their properties would be affected by the proposed impound lot. The City Council may accept and consider this testimony. The opinions of the residents regarding their property values are accepted by the courts. The Scott County Assessor, Bob Schmitt, has provided staff with the opinion that the proposed impound lot will affect property values; will hurt the potential for residential development to the north, west and southwest of the subject site; and will affect the rent prices of the multi-family housing developed in the future. Mr. Schmitt also informed staff that if a property owner feels their property has been devalued by an adjacent use, the assessed value cannot be reduced until actual sales have occurred which indicate the affect of the land use on the market. Two other certified appraisers concurred with Mr. Schmitt that a determination on value can not be made until there is action on the market. Mr. Peter Patchin felt that to determine the impact on property values and assess the future development prospects was a speculative assignment. Normally to document the affect a "before development" and "after development" review would be necessary. He felt safe to say that the impound lot would detract from the developed residential property and that the proposed use was a visual nuisance. Should the Council desire a general letter of opinion from Mr. Patchin, the fee would be approximately $300. 00. exampl can Mr. Patchin shared robleme olnhow St.aPauluaalongsShepherd turn out to be an expensive Road, the Kaplan scrap yard, which was established in the late sixties , was recently bought out by the City of St. Paul for five million dollars to eliminate avisual nuisancee Park and toh odprotect the redevelopment investments in the The Scott County Environmental Health Department issues permits for businesses that handle arazardous would waste liquids, ot e required batteries, etc. The proposed storage y that to obtain a license. Al Fries, noesale ofdid cautondparts and rthat no storage of tires or batters the storage be limited to opernblerocess forethisntypeao°use. Control Agency has no permitting P Conclusions Based upon the opinions provided by professional appraisers ct property it seems that the proposed auto storage. Within 11 intheCityaof Shakopee values in the immediate vicinity. there are existing uses which have affected properties adjacent to them, even with the correct zoning. For example, the Maplewood Townhouses at 10th and CR 17 , developed with R-4 zoning apparently affected the R-2 housing to the east and the Council ' lowered the valuation of thematterehow well ait ddis1Oscreened the tand public works storage yard, noajent kept in order, appears to bed aupon t complaints theal nuisance to theCitydChas residential properties, bas P received. Action Requested: � Council Offer conditional Use Permit o odenial Resolution of the City No. CC-471 and move for its approval � App roval should include the recommended conditions of the Planning. Commission: I enclosed with a �I 1. The entire storage area must be entirely fence shall be f solid fence eight feet in height. ffff ot lines. Within setback ten feet from the rrtree side lmust planted every the setbacks a major coniferous fifteen feet at a minimum six foot height. 2. All storage associated with fenced usareawithin the structure must be contained withinthe 3 . Annual Planning Commission review. Denial should be based on findings ermitcc( seenattached)ce with the i criteria for granting a conditional use permit: esolution of Action should direct the City Attorney to prepare a r denial for Council consideration. i t ww Subd. 6. Conditional Use Permit. _ A. Criteria for Granting Use Permits. In grant- ing a conditional use permit, the Planning Commission shall con- � - sider the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands. Among other things, the Planning Commission shall make the fol- lowing finds where a *licable: ql. That the conditional use will not be in-jurious to the use enjoyment of other property in the immedi- ate vicinity for the purposes already permitted, nor substan- tially diminish and impair property values within the immediate - -_ vicinity. ( 2.� That the establishment of the conditional use will not impede e normal and orderly development and im- provement of surrounding vacant property for uses predominant in the area. 3. That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. 4 . That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. 5 . That adequate measures have been or will be taken to prevent or control offensive odor , fumes, dust, noise and vibration , so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance neighboring properties will result. 6 . The us.e, in the opinion of the Council, is reasonably relate to the overall needs of .the City and to the existing land use. 7 . The use is consistent with the purposes of the zoning code and the purposes of the zoning district' in which the applicant intends- to- locate the proposed use. 8 . The use is not in conflict with the Com- prehensive Plan of the City. 9 . The use will not cause traffic hazard or congestion. 10. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought. about by intrusion of noise, glare or general unsightli- ness. 11. The developer shall submit a time sched- ule for completion of the project. 12 . The developer shall provide proof of own- ership of the property to the Administrator . B. Additional Conditions. 1. In permitting a new conditional use or the alteration of an existing conditional use , the Planning Com- mission may impose, in addition to the standards and requirements expressly specified by this Chapter , additional conditions which the Planning Commission considers necessary to protect the best interest of the surrounding area or the community as a whole. ._ -283- _- - --_✓.. J _ aane v � a1deche /• Ci;+'�` .'0vPd t0Oper. the ^ �bli C h�...""_ _nz t0 consider a _ _ �.0 d� Icnial .:1se Permit t0 a1lOW OU-,,door . SyOra "o ^+ltranspertation equipment upon the Property located at 1803 EagleCreek =lvd. in a gL lih� ird � tlal �orin5 district. T,:o"nan_mou�ly. tIon carried Discussion ensued on exactly W,h a1L �_-; _nd of storage Would be involved. r- . , _ester iaoehren, 80-1ls- 3trc 1 stated t ^ Shakopee,e he S I Vr . -� could uld CO.^.S?C}t J1 an�� 11� ^T V I�/1T a L' ^illy ^�1A V COi::� • T V 1.5 state aY' that ....�... v... an v v' oGil d lino for Lo a ^ere `,_ jln�, vehicles must be stored �0 -4aITs . ill be "tect_iing on +.h-; s site just � yorage J ••c . J site S V T:^. 01sen. 9=:0 gable CreeE:, said that they propose to put as many vehicles as they can v.ithin the fenced in area. L:r. Schmitt, 1797 Earle reek Elvd. Stated proposal, he believes it---would be that he is sidirts this within the area. an eyesore to the res1der.ts Dave Yarusso, 1?12 Eagle Creek Blvd. said that he does not feel it would lower the property values . Bov;rn, 302 Shawnee Trail, stated --hat t t mhis is a towing and storage facilit and it is not a junk yard. for the city. y -s an excellent service Chairman Czaja askedif there was anyone from the audience who wished to address this issue . There was no response . "Oudray/Sch:!itt moved t0 Close the public hearing. MO.-ion Carri ed unanimously. "oudray/Schmitt offered to Grant Conditional Use Per��it �'Y71 and move low its adop Lion based on the following reconme_nda tions : 1• The entire sto^age area must be enc' enclosed a solid fence 8 feDt in height. ely osed with '1e1bn L. The fence shall be set Sack 30 feet from the rear DrODert�� line and l0 feet _r Om side pt linos • ?i thin the setbacks a major deciduous tree must be planted every 30 feet. , 2• 2l1 Stora9e associated with the c must be contained Within -fenced LdS within the Str UC�Ure the area. POmerenke/Rockne offered an amendment ma"or coniferous tree , such as s Q to the main motion that a and with 6 foot hei'-ht. p,; Prue . or pi.^_e be planted every 1� feet s ot_on carried unanimously. City Administrator stated 1 here Condi tlonal use erm; 1 after t Should be a Tevi cW Of t*?e permit L ai Ler One year. Commissioner roudray called the question. i fails with Pomererke and Ccaja ODDocnd. Call 0 the question train motion dies because of lack r r O_` ajority. SChm- itt/ ,OCkne moved for a j minute recess . Li unanimously. T,"o L_on carried 1 �- P!AN,..iNG COHNISSION September 4 , 1986 Page -4- Chairman Czaja called the meeting back to order. Schmitt/roudray moved to grant conditional use permit 4471 t sur oses of operating an outdoor storage lot and for Por Purposes ��p V 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. the setbacks a major coniferous tree e n_s. d ever 15 ft. at a minimum 6 ft. height. must b,. planted every 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. ?oudray/VanMaldeghem moved to adjourn. Motion carried unanimously. Meeting adjourned at 9 : 30 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 plan':ing. 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 CSA�i 16 which } appear to screen the storage area. The site will be more fi visible from these .homes in the winter months. i 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 i a 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 cf 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•`�`�. 1 E 1 < Ill`yT � �� ..\\ ; Ir.•,• - ! ^vr f^ CJ1 J• 1 --77 � 'L I - Ii OUTLDT A R4 ; ; I : • ! ° ; � � � • 111 � -, \�\� � j 7 -77Z 45 ' --_.__._ ��'.�..`.`'1� 1?t(r— 1 1 1.�..., r—�� r/,�,\�e�'\�\ ,•.cam, \v\ : '\t ' J R 2 .��.. t ' 1 i'f0r-7 Y, ' f FiFroX c E 0 i � 1 i a 0 PA rk,'iv i Ap roY. Au AREA SvuT/, of /7:5 r S.2 Cro x. T I KA fIPRBX Iilk LL _ SEPI of C,,ITY OF 3HAY.OT-F'-�: f qC� 3 zk -,;:6& _/j7C� ,57 — 7�,7 ;.f n Gad«G� (� ,''7a, c. /�P vE sti •n.� s.77 • P J low ( r, S�Jj� -�� u�Ko/pe e. live_ '✓ `��- �n� `n�'�-�-�alt., � G3�. {= ��P� . �t�'<c , 17 1-74a R _ - j rn � I � 110&5E. CITY OF SHAKOPEE 4 CONDITIONAL USE PERMIT RESOLUTION OF THE CITY COUNCIL NO. CC- 471 WHEREAS, Lester Koehnen Navin& duly filed an application for a Conditional Use Permit dated 8-19-86 under the provisions of the Shakopee Zoning Ordinance, Section 11.04, Subd. 6 , as follows : CUP for outdoor storage of transportation equipment in a I-1 zoned area; and WHEREAS, the property upon which the request is being made is described as: 1803 Eagle Creek Blvd. and WHEREAS, said proposed Conditional Use Permit request was Approved by the Shakopee Planning Commission of the City of Shakopee, Minnesota at their meeting held Sept. 4 1986 and said Conditional Use Permit decision is herewith being appealed to the City Council ; and WHEREAS, the Shakopee City Council on Oct. 7, 1986 held a public hearing on the appeal from the decision of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that upon hearing the advice and recommendations of the Shakopee Planning Commission and upon considering the suggestions made by the applicant and the suQQestions and objections raised by the affected property owners, within a radius of 350 feet thereof, in public hearings duly held by the Shakopee Planning Commission and the Shakopee City Council , that the aforementioned Conditional Use Permit be and is hereby pursuant to the following: BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Sec. 11.04, Subd. 6C-12, if an approved Conditional Use Permit is not utilized within one year from date herein approved or by Oct. 7, , 19 87 it shall become null and void. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 7th day of Oct. ) 19 86 Mayor of the City of Shakopee ATTEST: Approved as to form this 7 day of Cpm i 98� City Clerk MEMO TO: John K. Anderson, City Administrator �x� �I FROM: Judi Simac, City Planner RE: Amendment to Section 12 . 11 of the Subdivision Ordinance DATE: October 16, 1986 Introduction• At their October 9, 1986 meeting the Planning Commission approved a motion to recommend to the City Council that Section 12. 11 of the City Code be amended to provide PUD regulations consistent with those contained in the zoning ordinance. Background: Attached is the proposed amendment to Section 12 . 11 of the subdivision ordinance. In the past, the PUD language in the zoning and subdivision ordinances was substantially different. In fact, the subdivision PUD language was in direct conflict with the zoning by allowing mixed uses within a PUD. The intent of the amendment is to provide the same PUD guidelines in both ordinances. Additionally, it will be beneficial to the public because zoning and subdivision ordinances are sold separately. Action Requested: Offer a motion to direct legal staff to prepare an ordinance which will amend Section 12. 11 of the City Code to provide PUD regulations consistent with those contained in the zoning ordinance, and move for its adoption. September 17, 1986 DRAFT Section 12 . 11 Planned Unit Development (PUD) Subd. 1 Purpose. It is the purpose of this Section of the Subdivision Chapter to encourage innovation; variety and creativity in site planning and architectural design; to maximize development compatibility; to encourage the planning of entire ownerships of land as a unit; to provide for greater efficiency in the use of land, public streets and energy; to protect important natural and cultural landscape features; to preserve more open space than would be possible without PUD and to preserve the health, safety and general welfare of the City. It is further the intent of this Section to provide greater development flexibility by permitting variances and the negotiation of development standards and such other provisions as shall be mutually beneficial to the City and the proponent. Subd. 2 Eligibility. PUD maybe applied within any zoning district subject to the following: A. Mandatory PUD. Within areas so designated on the official zoning map of the City, the use of PUD shall be mandatory. B. Minimum PUD Size. 1. Optional PUD. The site for which an optional PUD is requested, shall be ten (10) acres or larger in size, except that PUD may be used for a smaller parcel of land where the total noncontiguous ownership is less than ten ( 10) acres provided there is, in the judgement of the Planning Commission, a clear benefit to the City which provides opportunities for needed control or the preservation of open space and natural features. 2. Mandatory PUD. No minimum size is required, however, where site ownership exceeds ten ( 10) acres, a minimum of ten ( 10 ) acres shall be included within a Mandatory PUD. C. Utilities. The PUD shall be served by City water and sanitary sewers. Private water service may be allowed subject to City Council approval. D. Control. Land to be incorporated within a PUD shall be under the control of one ( 1) owner or a group of owners and said land shall be capable of being planned as one integral unit. 1 Subd. 3 Permitted Uses. The use of PUD conveys no right to the use of land other than as permitted by the district within which the PUD is applied. Uses permitted shall be those specified for each zoning district. For uses requiring a Conditional Use Permit and subject to the eligibility requirements , the PUD procedure may be used in lieu of the conditional use procedure. Sub. 4 . Variance Restrictions . Zoning district standards may be negotiated and variances from district requirements granted by the City as part of the PUD process. The following restrictions shall apply to the granting of variances by PUD: A. Fire and Safety. No variances shall be negotiated which in any way violate the fire and safety codes of the City. B. Exterior Streets and Yards . No reduction in yard requirements shall be permitted adjacent to exterior property lines or exterior public streets. C. Interior Streets. No building shall be located less than fifteen ( 15 ) feet from the back of the curb line along interior streets that are to be maintained by the City. D. Off-Street Parking. No variances shall be negotiated for off-street parking except as specifically provided for in Section 11. 05 , Subd. 3 . of the City Code. E. Open Space. No variances shall be negotiated which will result in less openspace than is required by the zoning district. This includes yard requirements. Residential PUD' s shall provide at least twenty ( 20 ) percent of the project area as open space. Where private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to forty ( 40 ) percent of the requirements of Section 12. 07 , Subdivision 5 , Subparagraph A, may be given, provided that the following conditions are met: 1. That such land area is not occupied by non- recreational buildings and is available for the use of all the residents of the proposed subdivision; 2. That required setbacks shall not be included in the computation of such private open space; 2 3 . That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the Council; 4. That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes or contain unique natural features that are important to be preserved; 5 . That the proposed private open space reduces the demand for public recreational facilities to serve the development. F. Density. Residential densities shall not be increased by more than ten ( 10) percent. G. Home owners ' s Association. Council shall require a Home Owner ' s Association for any condominium, townhouse, or PUD which contains common areas or common facilities. Such association must be established in accordance with City policy as set forth by resolution of the Council. Subd. 5 PUD Application Reauirements A. Application and Fees. The PUD process shall be initiated by filing an application and the required application fee with the Administrator not less than twenty eight ( 28 ) days prior to the Planning Commission meeting at which the request will be heard. In addition to a fee fixed and determined by the Council and adopted by resolution, the Administrator may request that the proponent deposit up to $1, 000. 00 for planning, engineering, administrative and legal expenses incurred by the City for the review and processing of the application, any remainder of which will be refunded to the applicant. B. Plan Requirements. No PUD application shall be accepted by the City unless it is accompanied by a Preliminary Development Plan or a Final Development Plan. The applicant may submit Preliminary and Final Development Plans simultaneously for consideration by the City. 3 16 For a Mandatory PUD, a building permit shall not be issued until a Final Development Plan has been approved by the City. For an optional PUD, a building permit shall not be issued unless a Final Development Plan has been approved by the City or unless the proposal conforms in all respects to the requirements of the zoning district and subdivision regulations. Subd. 6 PUD Procedures A. Planning Commission Review, Notice, Public Hearing and Recommendation. The Administrator shall post notice and refer the application to the Planning Commission for review and public hearing. Notice of the hearing shall be published in the official newspaper at least ten ( 10 ) days prior to the hearing. Notice shall also be mailed to all owners of property within 350 feet of the outer boundaries of the PUD. The Planning Commission shall submit its recommendation to the City Council within sixty ( 60) days of receipt of the application unless an extension is agreed to in writing by the proponent. If no recommendation is transmitted by the Planning Commission within sixty ( 60) days, the City Council may take action without a Planning Commission recommendation. B. City Council Review and Action. Upon receiving the Planning Commission' s recommendation or after sixty ( 60 ) days from the receipt of the application without a Planning Commission recommendation, the City Council shall consider the application. The City Council shall consider the advice of the Planning Commission and shall approve, disapprove, or suggest modifications to the PUD. C. Findings. The City Council shall not approve a PUD unless it finds as follows: 1. The proposed development is consistent in all respects with the City Comprehensive Plan. 2. Where variances are requested, greater compatibility with surrounding land uses warrants the granting of the variances. 3 . The openspace gain warrants the use of PUD to grant variances. 4 . The Final Development Plan is in substantial conformance with the approved Preliminary Development Plan. 4 D. Development Agreement. In the event of a PUD Preliminary or Final Development Plan approval, the City Council shall direct the City Attorney to draft a Development Agreement in a manner so as to allow its filing in the office of the County Recorder, that states the conditions upon which the PUD was approved. The City Council shall pass a resolution approving or denying said agreement. E. Conditions and Records . The City may impose such conditions as it deems necessary as part of the approval of a Preliminary or Final Development Plan. A complete record shall also be maintained for all approved plans, amendments and development agreements. F. Plan Amendments and Subseauent Final Development Plans. Procedures for Preliminary Development Plan amendments and subsequent Final Development Plans shall be as described above. Each proposed Final Development Plan phase shall be in substantial conformance with the approved Preliminary Development Plan. G. Lapse and Extension. If within one (1) year after the approval of a Final Development Plan, a building permit has not been issued and a request in writing for an extension has not been received by the City, said plan shall become null and void. If an extension is petitioned for by the proponent within one ( 1) year, the City Council may extend the approval of the Final Development Plan without a public hearing for one (1) additional year upon finding that 1) a good faith effort has been made to use the PUD, 2) there is reasonable expectation that the PUD will be used, and 3 ) the facts upon which the original PUD was issued are essentially unchanged. H. Building Permits. At the time of building permit approval, the building plans shall be reviewed by the Zoning Administrator and Building Official to establish their compliance with the approved Preliminary and Final Development Plans. If they do not comply, the plans shall be reviewed by the Planning Commission and City Council and a public hearing shall be conducted by the Planning Commission, all in accordance with the above established procedures. Subd. 7. Submission Reauirements. A. Preliminary Development Plan Twenty ( 20) copies of the following plans and information shall accompany the application fee. Such information shall be stapled together or otherwise attached to provide a neat and organized written and graphic package. 5 l� CU, 1. Project Information including site size, ownership, developer, development timing and such other information as will be helpful in understanding the proposal. 2. Area Information including boundary conditions , adjacent ownerships and property lines, surrounding land use, existing transportation, existing zoning, compliance with the City' s Comprehensive Plan, etc. 3 . Preliminary plat in accordance with Section 12. 04. 4. Preliminary utility plan for all public utilities. 5 . Existing Site Information including soils , vegetation topography, slope conditions, water features, drainage, wildlife, existing land use, etc. 6 . The Preliminary Development Plan Proposal illustrating the proposed use of land, acreages, proposed densities or building square footages, building height, street and walkway locations, recreation and openspace areas, proposed utilities, landscaping concepts, mass grading, project phasing, anticipated variances, and any other information that will be helpful in understanding and evaluating the proposal. 7. Final Development Plan Proposal for Phase I if Preliminary and Final Development Plans are to be processed simultaneously. B. Final Development Plan. Twenty ( 20) copies of the following plans and information shall accompany the application and fee. Such information shall be stapled together or otherwise attached to provide a neat and organized written and graphic package. The Administrator shall have the discretion to waive Project and Area information and such other information as may be deemed inappropriate for remodeling, building expansion and similar small projects. 1. Project Information, Area Information and Existing Site Information as required for a Preliminary Development Plan. 2. The Final Development Plan Proposal including the following: 6 a. A Site Plan which illustrates the following: ( 1) Location and dimensions of lot, building, driveways, curb cuts and off- street parking space and loading areas, ( 2 ) Distances between building and front, side and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots and requested variances, (3 ) Site grading including existing topography and proposed grading at two ( 2 ) foot contour intervals, ( 4 ) Location of easements and utilities, ( 5 ) Location and design of signs, ( 6) Building heights, and ( 7) A tabulation of density, land use intensity, lot coverage, and acreages and percentages of land devoted to building, parking and openspace. b. Preliminary architectural drawings illustrating schematic floor plans, building massing and elevations and exterior materials of construction. C. A landscape plan prepared by or under the supervision of a landscape architect showing material types, common and botanical names, sizes, number and location. d. A lighting plan showing the type, height and location of parking lot, driveway and security lighting. e. A drainage and erosion control plan as appropriate to satisfy the requirements of the watershed district having jurisdiction. f. Any additional written or graphic information as may reasonably be required by the Administrator and applicable sections of the Zoning Chapter, including, but not limited to, the following: (1)_ Type of business and proposed number of employees by shift, land use and housing profiles, etc. , ( 2) Estimated use per day of the sanitary sewer and public water systems, ( 3 ) Proposed private covenants or other legal instruments, ( 4) Phasing and construction schedule, ( 5) Proposed variances and rationale. 7 MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Amendment to the City Code Section 11. 29 , Subd. 3 which would allow mini-storage facilities as a conditional use in the B-1 district. DATE: October 15, 1986 Introduction: At their October 9 , 1986 meeting the Planning Commission approved a motion to recommend to the City Council that Section 11. 29 , Subd. 3 of the City Code not be amended to allow mini storage facilities in the B-1 zoning district. Background: Mr. Duane Marschall submitted a petition to amend the zoning ordinance to allow mini storage facilities in the B-1. The particular area where Mr. Marschall would like to construct mini storage is west Third Ave. , where at this time there is no public sewer or water available. In August 1985 the Planning Commission considered the same request from John DuBois. Hardships, including the unavailability of urban services were taken into consideration by the Planning Commission, however the final decision was to not allow mini storage in the. B-1. The decision was appealed to the City Council, who upheld the Planning Commission decision. Staff has surveyed the following Metro Cities to determine whether other communities permit mini storage in business zones: Burnsville, Bloomington, Eden Prairie, St. Louis Park, Apple Valley, Brooklyn Park, Chanhassen, Cottage Grove, Eagan, Plymouth and Prior Lake. Only Prior lake allows the mini storage in the highway business district, all the others require industrial zoning. The Planning Commission directed staff to obtain a legal opinion as to whether, within a zoning district, the ordinance can specify a particular use for a certain parcel of land only. The City Attorney has indicated that a specification of this type amounts to special legislation and is very exclusionary. It is his opinion that it can not be done. The Planning Commission also requested the City Engineer to comment on the feasibility of extending sanitary sewer from Third Avenue in a southwest direction along the T.H. 169 frontage road. To service the area, the sewer would need to be extended approximately 1100 feet through bedrock. Hand auger borings have been taken along the service road and bedrock has been found relatively close to the ground surface. Elevations were taken to assure that proper grade would be available to service the area by gravity. The estimated preliminary cost for the 1100 foot sewer extension, which includes construction, engineering and administration is $108 , 000 . Without knowing the land value within the area, the City Engineer could not indicate whether the project is feasible. The estimated cost is abnormally high due to the amount of rock excavation. Rock excavation in a project of this type triples the price per foot compared to "normal" sewer projects . For the 1100 foot project, the cost is $98 . 18 per foot compared to $33 . 75 per foot with rock excavation taken out as a cost. There are, of course, many areas in Shakopee were bedrock has been a factor in the cost of extending utilities. Alternatives Considered by the Planning Commission 1. Amend the code to allow mini storage in the B-1 zoning district. This would affect all B-1 property within the City. 2. Rezone the B-1 on the west end of town to I-1 Light Industrial. Although there is no adjacent I-1 at this time, many of the existing uses would be in conformance with the I-1 uses. 3 . Recommendation to the City Council that a feasibility report for utilities be prepared for this area. 4. Do not amend the City Code thereby upholding the previous decision of the Planning Commission that requires industrial zoning for mini-storage/warehouse facilities. Action Requested Offer a motion to accept the Planning Commission recommendation to not amend the City Code, Section 11. 29, Subd. 3 to allow mini storage facilities in the B-1 zoning district, and move for its adoption. � A FOR. N11 t•�l • 'S TcFR E.C.3 tt- ` r tv '� � _ �r .r'•�� t=-i".l- _ten ,� '. J.-"� - '• �' i _--r"' Imo, �r.. � �,• / t; Ee }- , � i -r' �- . ice;.,_ 0.j / - _ 'I i? •±` �' "" �•i. J t' Set` SANJARY SEWER - -- _ _ _ _.. . . ..y�S� .. e`�►-5'MMC, SAN177�R SECLIER _ ( �R ._.: -., RiyER - r t x rz let _ 1` 1 A� _ �,\ :./' � �' -'�•.`.��t i i t :•. `1 .}-kms C��r"'11 ' , ip "—�y : _1 1 '• it • �� alrEavrEr l : � t t{`�' S t ,,;� _ IA._� 1/-� { yj / _. _ // —.. - _�it RK ._ {' •y +!1W M5. �- •1 L--•.r''"3 L� ,��L� .. _ / / :4., �� vy �'g� ,,- ,•,•/'^ �_„_.� �• is � 1 s..c. ....'ra - tIT Q/ rsas..-wnc•: � .. .7)!. A- - -mow....! 1. -Y' --"- ) r�'i- t� i .—J�•� �, ��-R� �._. _. .. .. � � f � �� i L — 1 , - - - � - - - _ - -. . �_----- --- — ' -------- -------------' i+ ESotA .. _ SUto I _ 7. �.� STo E'er-�`� ---..•:. -...� . .:'�i :- - ,i` �":.t �,_��-�1---*''� �-�-� - ol SEW Vi -t': ..�-�' t ; t t- 1:•'• y y. (}J1's�•+J "'"�`"."y re_ ' ) i Is irw rcc - .tl•/// .�a� _-- // .. /' .i ,` pf.`q �,fiy �E✓r� - 1 7 ..�' �., ''�•� yr._.�" 1�- �J ' - ,+/y/�, + . J i1 { �'i �1 ••i t / 1 4 J � LL,��-r�; � ��.i..: f-s"' ..4 }�, y,�. •�P� ,'"__ / _•• _ � �i� _ 1 � j 1 y✓C _ � �'"' ;�� 1�-�;� l� `y�`-�tom. -71 ,--� �. !. 1 L^t�• ' �� Y��2✓ i''.��j] �--�,.Yr .y I :: t - _ .—_ ._ —., L--x..----..��1}• i--'f-. r C9 r—.",_y —.. ..... - .. ---+—arm `' - J�, � � �� ''` �' r • �� 1� 111 - - _- - � -�T+;� -� t f- � ,. "ti �_r•� ��' +:e+ � _ !� ~rxS ,�err� ! J i MT L_Y:.Tr' AVZ —. u ` r _-. --_. .,. _ _ ,>;!•! e r .y i—i G __`3 t-- _,- r ,_—v t-e--; j .. -}• _�-ol+ - 1 i; MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Metropolitan Development and Investment Framework (MDIF) DATE: October 17 , 1986 Introduction: As you know the Southwest Coalition of Cities has been working for the past ten months on the modification of the Metropolitan Council' s most important planning document, the Metropolitan Development and Investment Framework (MDIF) . In a completely unexpected turn of events the full Metropolitan Council adopted a third draft of the document on September 25, 1986. Earlier in the day the Development Committee had acted on the document, which was also an unscheduled action. Background- Neither the adopted MDIF, nor notice of the adoption, was sent to any of the participating southwest communities. Staff has just received a copy in the past week. It appears to include some of the changes we were pushing for as a group such as ranges in the forecasts and assumptions about where development will occur. However, the document is considered to be an interim version that does not reflect editorial changes or revisions to maps, such as the one showing congestion levels on Metropolitan highways (which didn' t include Hwy 18 - Bloomington Ferry Bridge) . Metropolitan Council staff have indicated that no changes will be made at this time to the free standing growth centers. Review of the whole concept of FGC (including Shakopee' s desire to lose that designation) will be scheduled as a "work item" in 1987 . The Chair of the Metropolitan Council has decided to appoint an advisory board to work with Met Council staff to complete a final MDIF. The Southwest group has been "promised" two positions on the seven member board. The Chair would prefer ` elected officials but has indicated that one staff person from our group could be appointed. Our lobbyist, John Boland, needs to have two names at our next meeting on October 28th. The two nominated persons at this time are Al Kingelhutz, former Mayor of Chanhassen and a current Carver County Commissioner and myself. Should any members of the City Council wish to serve on the MDIF Advisory Board they should indicate their interest at this time. Action Reauested: Offer a motion to continue Shakopee' s participation in the Southwest Coalition and support the following persons for a position on the MDIF Advisory Board: 1. 2 . and move for its adoption. MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk ,4 RE: Sale of $480 , 000 G. 0. Improvement Refunding Bonds DATE: October 16 , 1986 Introduction & Background: Mr. Mac Gillivray from Springsted, Inc. will be present with a recommendation on awarding the sale of $480,000 General Obligation Improvement Bonds, Series 1986A. It will then be appropriate to adopt the proper resolution, as attached. Recommendation: r Offer Resolution No. 2644 , Resolution Awarding the Sale of $480, 000 General Obligation Improvement Refunding Bonds, series 1986A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing For Their Payment, and move its adoption. After due consideration of the bids, Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. p f,44 RESOLUTION AWARDING THE SALE OF $480 , 000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1986A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1. The bid of ( the "Purchaser" ) to purchase the City ' s $480 , 000 General Obliga- tion Improvement Refunding Bonds, Series 1986A ( the "Bonds" ) , as described in the notice of sale thereof, is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, such bid being to purchase the Bonds at a price- of $ plus accrued interest to date of delivery, the Bonds to bear interest, to mature in the years and amounts, and to be subject to such other terms and conditions as hereinafter- provided. The sum of $ , being the amount bid in excess of $476, 400 , shall be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds and to return the checks of the unsuccessful bidders forthwith. 2 . The Council hereby finds and determines (a) that the issuance of the Bonds and the use of the proceeds thereof on February 1 , 1987 , to prepay the remaining maturi- ties of the City ' s $940 , 000 General Obligation Improvement Bonds of 1981, Series A, dated August 1, 1981 ( the "Refunded Bonds" ) , is permitted by and consistent with the City ' s 3 - !1 � the seal of the City ( if the same is to be printed on the Bonds ) , and the following paragraph shall be inserted on the face of the Bonds immediately preceding the above-mentioned final two paragraphs : REFERENCE IS HEREBY MADE TO THE ADDITIONAL PROVISIONS OF THIS BOND WHICH ARE SET FORTH ON THE REVERSE SIDE HEREOF. ) The Bonds are not subject to optional payment by the City in advance of their respective maturities; however , in the event that pursuant to federal laws and regulations the City is required to use unexpended proceeds of the Bonds for early redemption of Bonds in order to preserve the exemption of the interest on the Bonds from federal income taxation, the City shall use such unexpended Bond proceeds to redeem Bonds, on the date specified in notice given pursuant to law of such redemption, at 102% of par plus accrued interest to the date of redemption. Those Bonds remaining unpaid which have the latest maturity date will be prepaid first . If K only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds or portions thereof to be prepaid will be chosen by $5,000 lot by the Bond Registrar . Notice of any prior redemption of this Bond shall be given in the manner required by law and shall be mailed to the Registered Owner no less than 15 days prior to the date of redemption. This Bond is one of an issue of fully registered Bonds without interest coupons in the total principal amount of $480, 000 , all of like date and tenor except as to maturity, interest rate, and registration number , all issued by the City for the purpose of providing funds to refund and prepay on February 1, 1987 , the remaining maturities of the City ' s $940 , 000 General Obligation Improvement Bonds of 1981, Series A, dated August 1, 1981, pursuant to and in full con- formity with the Constitution and laws of the State of Min- nesota, including Minnesota Statutes, Section 475. 67, and is payable primarily from special assessments levied against properties within the City specially benefited by the making of certain public improvements, but this Bond constitutes a general obligation of the City, and, to provide moneys for the prompt and full payment- of the principal of and interest ' on all of the Bonds as the same become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount . This Bond may be transferred or exchanged, but only upon the Bond Register and only by the Registered Owner or* its attorney duly authorized in writing, upon surrender hereof - 7 - covenants with the holders of the Refunded Bonds, as pro- vided in the resolution authorizing the issuance of the Refunded Bonds, Resolution No. 1877 , adopted by the Council on July 7 , 1981 ( the "1981 Bond Resolution" ) , and particu- larly Section 7 thereof; (b) that the issuance of the Bonds is desirable and necessary and its effect will be to reduce the debt service cost to the City; (c) that the City is authorized by Minnesota Statutes, Section 475 . 67 , to issue the Bonds for the purpose of refunding and prepaying the Refunding Bonds as provided herein; and (d) all proceeds of the Refunded Bonds have been spent by the City for the improvements ( the "Improvements" ) for which those bonds were issued, and no monies remain in the 1981 Improvement Con- struction Fund created pursuant to Section 3 of the 1981 Bond' Resolution. 3 . The City of Shakopee shall forthwith issue and sell the Bonds, which shall be dated November 1 , 1986 , shall be fully registered without interest coupons and' shall be num- bered R-1 et seq. , shall be in the denomination of $5 , 000 each, or in integral multiples thereof, shall bear interest as set forth below, all interest payable August 1, 1987., and semiannually thereafter on February 1 and August 1 in each year, and shall bear interest at the rates per annum and mature serially on February l in the years and amounts as follows, respectively: Year Amount Rate 1988 $ 50 ,000 % 1989 110, 000 1990 105, 000 1991 105, 000 1992 110 , 000 The Bonds shall not be subject to optional payment by the City in advance of their respective maturities . The Bonds shall be, however , subject to extraordinary redemption at 102% of par plus accrued interest from unexpended proceeds of the Bonds, if any, upon the terms and conditions set forth in the form of the Bonds contained in paragraph 5 of this Resolution. If not all of the principal amount of Bonds of the same maturity are called for such mandatory redemption, the Bond Registrar (hereinafter defined) shall assign a separate number to each $5,000 multiple of each Bond of that maturity, shall select the redemption amount by lot therefrom, and shall authenticate and deliver to each registered holder of a Bond partially redeemed thereby a new Bond in the remaining principal amount not so redeemed. 4 . Both principal of and interest on the Bonds shall be payable by , in the City of 4 - which shall also act as registrar and transfer agent for the Bonds , or by its duly appointed and qualified successor thereto ( such agent or successor herein referred to as the "Bond Registrar" ) , and the City shall pay the reasonable charges of the Bond Registrar for such services . 5 . The Bonds shall be in substantially the following form: 5 - No. R- $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 1986A RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP November 1 , 1986 The City of Shakopee, Scott County, Minnesota ( the "City" ) , hereby acknowledges itself to be indebted and, for value received, promises to pay to or registered assigns ( the "Registered Owner" ) , upon pre- sentation and surrender hereof, the principal sum of DOLLARS on the maturity date specified above on which this Bond may be and shall have been duly called and to pay interest to the Registered Owner from the date hereof on such principal sum, until paid, at the per annum rate of interest specified above, all interest payable on February 1 and August 1 of each year, commencing August 1, 1987 ( the "Interest Payment Dates" ) . Both principal of and interest on this Bond are payable by , in the City of or by its duly appointed suc- cessor as paying and authenticating agent and registrar for the Bonds ( the "Bond Registrar" ) , in any coin or currency of the United States of America which on the date of payment is legal tender for public and private debts . On each Interest Payment Date the Bond Registrar will pay the interest then due on this Bond by mailing to the Registered Owner ' s address a check or draft made payable to the Registered Owner , as such name and address of the Registered Owner appear on the registration books of the City maintained for the Bonds by the Bond Registrar (the "Bond Register" ) at the end of the 15th day of the month prior to such Interest Pay- ment Date. ( If provisions of the Bonds are to be printed on the reverse side thereof, the face of the Bonds shall contain the fore- going provisions, the last two paragraphs of the Bonds , the signatures of the City officials executing the Bonds, and - 6 - together with a duly executed written instrument of transfer satisfactory to the Bond Registrar , whereupon the Bond Reg- istrar shall authenticate and deliver in the name of the designated transferees a new registered Bond or Bonds of the same aggregate amount, maturity, rate of interest , and other terms hereof . Only the Registered Owner shall be entitled to receive the principal of and interest on this Bond, and the City and the Bond Registrar may treat the Registered Owner as the absolute .owner hereof for all other purposes whatsoever . IT IS HEREBY CERTIFIED AND RECITED that all acts , condi- tions, and things required by the Constitution and laws of the State of Minnesota and the Charter to be done, to have happened, and to be performed precedent to and in the issu- ance of this Bond have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitu- tional or statutory limitation thereon. IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of its Mayor and City Administrator ; has caused this Bond to be executed manually by the Bond Registrar, as the City ' s duly appointed authen- ticating agent for the Bonds; has caused the official seal of the City to be omitted from this Bond as permitted by law; and has caused this Bond to be dated November 1, 1986 . (OMIT SEAL) . ( facsimile signature) (facsimile signature) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds designated herein and issued pursuant to the resolution authorizing its issuance and delivery. Bond Registrar Date of Authentication: By Its Authorized Signature 8 - ASSIGNMENT FOR VALUE RECEIVED, the undersigned, hereby sells, assigns, and transfers unto (Tax Identification or Social Security No. ) this Bond and all rights thereunder and hereby irrevocably constitutes and appoints 11 as attorney of the undersigned, to transfer this Bond on the Bond Register with full power of substitution. Date: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of this Bond in every particular, without alteration, enlargement, or any other change whatsoever . Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm which is a member of a major stock exchange. The Bond Registrar will not transfer this Bond unless the following information on the transferee is provided ( including such information on all joint owners if the Bond(s) are to be held by joint account) : Name and Address: The following abbreviations, when used in the inscrip- tion on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations : 9 - lkTENIlk- TEN COM - as tenants in common UNIF GIFT MIN ACT - TEN ENT - as tenants by the Custodian entireties (Cust ) (Minor ) under Uniform Gifts to Minors JT TEN - as joint tenants with right of survivorship Act of and not as tenants in (State) common Additional abbreviations may also be used though not in the above list. (End of Bond Form) 6 . The City Clerk shall obtain a copy of the proposed approving legal opinion of bond counsel, O' Connor & Hannan, of Minneapolis, Minnesota, which shall be complete except as to dating thereof, shall cause such opinion to be filed in the offices of the City, and shall cause said opinion to be printed on each of the Bonds, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the following form: I hereby certify that the foregoing is a full, true, and correct copy of the legal opinion exe- cuted by the above-named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of delivery of the Bonds . ( facsimile signature) City Clerk City of Shakopee, Minnesota 7. The Bonds shall be executed on behalf of the City by the facsimile signatures of the Mayor and the City Admin- istrator and shall be duly authenticated by the manual sig- nature of an authorized representative of the Bond Regis- trar , hereby designated by the City as its authenticating agent for the Bonds pursuant to Minnesota Statutes, Section 475. 55, Subdivision 1 . The Bonds , when fully executed, shall be delivered by the City Finance Director to the Pur- chaser upon receipt of the purchase price, and the Purchaser shall not be obligated to see to the proper application thereof . 8. All Refunded Bonds shall be and are hereby called for such prior redemption on February 1 , 1987 , the earliest 10 - date on which such bonds may be so redeemed, and, in accordance with Section 2 . 02 of the 1981 Bond Resolution, the City Administrator is hereby authorized and directed to cause the notice of such prior redemption substantially in the form attached to this Resolution as Exhibit A to be published in Commercial West (and in such other publica- tions, if any, as the City' s fiscal consultant, Springsted Incorporated may recommend) and shall cause such notice to be mailed to the City ' s paying agent for the Refunded Bonds, First Trust Company, Inc. , St . Paul , Minnesota, no later than 30 days prior to February 1, 1987 . 9 . There are currently $ in the 1981 Improvement Bond Fund, established as the debt service fund for the Refunded Bonds pursuant to Section 4 of the 1981 Bond Resolution. On February 1, 1987 , the City shall use such funds as are then on hand in said Fund, plus the pur- chase price of the Bonds ( less any amount thereof in excess of $476,400, less any of the proceeds of the Bonds necessary to pay the costs of issuance thereof, and plus all invest- ment earnings on such net amount) , and plus such additional and available funds of the City (currently estimated to be $ ) as may be necessary to pay all principal and interest then due on the Refunded Bonds, whether pursuant to regularly scheduled maturity thereof or the optional re- demption thereof required hereby. Prior to their expendi- ture for such purposes, the above-mentioned net proceeds of the Bonds shall be segregated on the books of the City, invested in permissible investments which will insure their availability on February 1, 1987, and used only in the manner herein prescribed. 10 . The Bonds shall be payable from the General Obliga- tion Improvement Refunding Bonds , Series 1986A, Debt Service Fund ( the "Debt Service Fund" ) hereby created, and the pro- ceeds of the general taxes hereinafter levied, together with special assessments levied for the Improvements financed by the Refunding Bonds (but in the case of such special assess- ments only following payment in full of the Refunded Bonds) , are hereby irrevocably pledged to the Debt Service Fund for payment of the Bonds, in accordance with this Resolution. Also to be credited to the Debt Service Fund following pay- ment in full of the Refunded Bonds are the receipts of any taxes levied 'pursuant to the 1981 Bond Resolution. Any interest which accrues on the Bonds from the date thereof to the date of their actual delivery shall be credited directly to the Debt Service Fund. If any payment of principal of or interest on the Bonds shall become due when the funds in the Debt Service Fund are insufficient to pay the same, the City Finance Director shall pay such principal or interest from the general fund or other available fund of the City, and such fund or funds may be reimbursed for such advances out - 11 - of proceeds of assessments levied for the Improvements or from such ad valorem taxes , when collected. 11 . For the purpose of providing sufficient funds to pay, when due, the principal of and interest on the Bonds , there is hereby levied a direct, annual, irrepealable ad valorem tax levy against all taxable properties in the City, which tax levy shall be in the years and amounts as follows (year stated being year of levy for collection the following year ) : YEAR LEVY YEAR LEVY t . It is hereby determined that the estimated collection of special assessments for the payment of the Bonds and the foregoing ad valorem tax levy and other funds required by this Resolution to be deposited into the Debt Service Fund will produce at least 5% in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds. The City Clerk is directed to file a certified copy of this Resolution with the Scott County Auditor and to obtain the County Auditor ' s certificate required by Minne- sota Statutes, Section 475 . 63. 12 . The City hereby covenants with the owners from time to time of the Bonds as follows : (a) The City Council shall with due diligence take or cause to be taken all further actions which may be necessary for the making, constructing, and financing of the Improvements financed by the Bonds , for the final and valid levy of special assessments against property benefited by the Improvements, and for the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) The full faith and credit and taxing powers of the City are hereby pledged to the payment of the prin- cipal of and interest on the Bonds, and in the event of any current or anticipated deficiency in any funds pledged or appropriated for payment of the principal of and interest on the Bonds, the City Council will levy ad valorem taxes in the amount of said current or antici- pated deficiency. (c) The City will keep complete and accurate books and records relating to the Improvements showing all - 12 - //4-1 receipts and disbursements of grants, pledged funds, taxes, assessments, other funds appropriated for payment of the Bonds, and the balance of unpaid assessments . (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon re- quest . 13. The tax-levy herein provided shall be irrepealable until all of the Bonds are paid, provided that the City Clerk may annually, prior to October 10th, certify to the Scott County Auditor the amount available in the Debt Ser- vice Fund to pay principal and interest due on the Bonds during the ensuing year , and the Scott County Auditor shall thereupon reduce the levy collectible during such year by the amount so certified. All collections received by the City of any ad valorem taxes levied or required to be levied " by this Resolution - shall be deposited in the Debt Service Fund and shall, when and as received, be irrevocably pledged to the payment of the principal of and interest on the Bonds. 14. The Debt Service Account shall be held in trust by the City for the benefit of the owners from time to time of the Bonds, as hereinafter provided. Until the principal of and interest on all of the Bonds are paid, or until all of the Bonds are otherwise discharged as hereinafter provided, there shall be credited to and maintained in the Debt Ser- vice Account the funds described in paragraphs 10 and 11 of this Resolution and any additional ad valorem taxes here- after levied by the City for payment of the Bonds . The aforesaid funds in the Debt Service Account shall be used only and exclusively for , and are hereby pledged to, the payment of the principal of and interest on the Bonds, when due. 15. It is hereby determined that the funds pledged by this Resolution to the payment of the Bonds will produce at least 5% in excess of the amount needed to meet, when due, the principal of and interest on the Bonds . 16. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceed- ings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and to fur- nish such other certificates, affidavits , and transcripts as may be required to show facts within their knowledge or as shown by the books and records in their custody and under their control relating to the validity and marketability of the Bonds, and such instruments , including any heretofore - 13 - furnished, shall be deemed representations of the City as to the facts stated therein. 17 . The Mayor , the City Administrator, the City Finance Director , and the City Clerk are hereby authorized and directed to certify that they have examined the official statement or prospectus prepared and circulated in connec- tion with the issuance and sale of the Bonds and that to the best of their knowledge and belief said official statement is a complete and accurate representation of the facts and representations made therein as they relate to the City. 18 . The City covenants and agrees with the owners from time to time of the Bonds that the City will not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Reve- nue Code of 1954, as amended ( the "Code" ) , and regulations issued thereunder , as now existing or as hereafter amended or proposed and in effect at the time of such action, and that it will take, or it will cause to be taken, all affir- mative actions within its power which may be necessary to insure that such interest will not become subject to income taxation under the Code. 19 . When any Bond has been discharged as provided in this paragraph, all pledges, covenants, and other rights granted by this Resolution to the owner (s) of such Bond shall cease, and such Bond shall no longer be deemed to be outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or , if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit . The City may also discharge its obligations with respect to. any prepayable Bonds by depositing with the Bond Registrar on or before the duly declared date of prepayment an amount equal to the principal and interest then due, provided that notice of such redemption has been duly given according to law. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and matur- ing on such dates as shall be required to pay all principal and interest on such Bonds as the same become due. 14 - 20 . The Council hereby designates the Bonds as "quali- fied tax-exempt obligations" within the meaning of Section 902 (b) ( 3 ) of the Tax Reform Act of 1986 . The Council rea- sonably estimates that the aggregate principal amount of all such tax exempt obligations issued or to be issued in calen- dar year 1986 by the City (which for this purpose includes the Shakopee HRA) does not and will not exceed $10 , 000 , 000 . The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same : whereupon said resolution was declared duly passed and adopted. Adopted in Adj . Reg. Session of the City Council of the City of Shakopee, Minnesota, held this 21st day of October, 1986. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986 . City Attorney 15 - EXHIBIT A NOTICE OF CALL FOR REDEMPTION $940 , 000 General Obligation Improvement Bonds of 1981, Series A City of Shakopee Scott County, Minnesota NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Shakopee, Minnesota, the bonds of the above issue, dated August 1, 1981 , which have stated maturity dates of February 1 in the years 1988 through 1992 and total $465 , 000 in principal amount are called for redemption and prepayment on February 1, 1987 . The bonds will be redeemed at a price of 100% of par plus accrued interest to the date of redemption, whereupon they will cease to bear interest . Holders of the bonds hereby called for redemption are requested to present their bonds for payment at First Trust Company, Inc. , St . Paul, Minnesota, on or before February 1, 1987 . BY ORDER OF THE SHAKOPEE CITY COUNCIL Dated: October 21, 1986 /s/ John Anderson City Administrator Shakopee, Minnesota SPRINGSTED %CORPORATED Public Finance Advisors 85 East Seventh Place,Suite 100 Saint Paul,Minnesota 551012143 612.223.3000 $480,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1986A AWARD: PARK INVESTMENTS CORPORATION And Associate SALE: October 21, 1986 Moody's Rating: A Interest Net Interest Bidder Rates Price Cost & Rate PARK INVESTMENTS CORPORATION 4.40% 1988 $476,450.00 $86,289.37 M.H. Novick & Company, Incorporated 4.60% 1989 (5.1516%) 4.85% 1990 5.00% 1991 5. 15% 1992 CRONIN & COMPANY, INCORPORATED 4.50% 1988 $476,880.00 $87,540.00 4.75% 1989 (5.2262%) 5.00% 1990 5. 10% 1991 5.20% 1992 AMERICAN NATIONAL BANK 4.90% 1988-1990 $476,400.00 $87,853.75 SAINT PAUL 5.00% 1991 (5.245%) 5.20% 1992 NORWEST INVESTMENT SERVICES, 4.50% 1988 $476,400.00 $88,308.75 INCORPORATED 4.75% 1989 (5.2721%) 5.00% 1990 5. 10% 1991 5.25% 1992 FBS CAPITAL MARKETS 5.00% 1988-1991 $476,400.00 $88,793.75 5.25% 1992 (5.3011%) MOORE, JURAN & COMPANY, 5.80% 1988 $476,424.00 $89,097.25 INCORPORATED 4.75% 1989 (5.3192%) Marcotte Hume & Associates, Incorporated 5.00% 1990 5. 10% 1991 5.25% 1992 DAIN BOSWORTH INCORPORATED 5. 10% 1988-1991 $476,400.00 $89,602.50 5.20% 1992 (5.3494%) PIPER, JAFFRAY & HOPWOOD 5.25% 1988 $476,400.00 $89,643.75 INCORPORATED 5. 10% 1989 (5.3518%) 5.00% 1990 5. 10% 1991 5.25% 1992 (Continued) MILLER & SCHROEDER FINANCIAL, 5.00% 1988-1990 $476,400.00 INCORPORATED 5. 15% 1991 $89,75 5.30% 1992 (5.3583%%)) ----------------------------------------------------------------------------------------- These Bonds are being reoffered at Par. BBI: 7.08 Average Maturity: 3.49 Years MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Authorization of Amendments to the City of Shakopee, Minnesota Multi-Family Housing Revenue Bonds ( In the amount of $3 , 500 , 000 for the Riva Ridge Apartment Project) , Series 1986 . DATE: October 17 , 1986 INTRODUCTION: In December of 1985, the City authorized the issuance, sale and delivery of industrial development revenue bonds for the Riva Ridge Apartment Project pursuant to the terms of an indenture of trust that was signed on December 1, 1985 between the City and the First Trust Company, Inc. , as trustee, for the Riva Ridge Apartment Project. At that time it was understood that the bonds would be for a relatively short period of time and that it was contemplated that the bonds would be remarketed in the near future along with certain amendments to the related bonding documents. These amendments have been prepared and the request is now before the City Council to allow for the remarketing of these bonds . While the bonds are marketed as multi-family housing revenue bonds bearing the name of the City of Shakopee, the City does not have any liability for debt service for the bonds and these bonds are not considered to be a debt of the City. The attached resolution authorizes and directs the Mayor, City Clerk, and City Administrator to execute and deliver, on behalf of the City, a supplemental indenture of trust and an amendment to the loan agreement for the refinancing of the Riva Ridge Revenue Bond issue. This resolution indicates that the City has approved the combination mortgage, security agreement and the fixture financing statement and the assignment of lease and rents for the Riva Ridge Apartment Project. These documents are being reviewed by the Assistant City Attorney. A representative from the legal counsel for this project will be available to answer questions on this bond issue. RECOMMENDED COURSE OF ACTION: To approve the attached resolution. REQUESTED ACTION:_ Move to approve Resolution #2645 Authorizing Certain Amendments to the City of Shakopee, Minnesota Multi-Family Housing Revenue Bonds in the Amount of $3 , 500 ,000. CITY OF SHAKOPEE, MINNESOTA RESOLUTION NO. 2645 Authorizing certain amendments to the City of Shakopee, Minnesota, $3,500,000 Multifamily Housing Revenue Bonds (Riva Ridge Apartments Project), Series 1986, which Bonds and the interest and any premium thereon shall be payable solely from the revenues derived from the Loan Agreement; authorizing the Supplemental Indenture of Trust and the Amendment to Loan Agreement; approving certain amendments to the form of and authorizing the execution and delivery of the Bonds, as amended; and providing for the security, rights and remedies of the Holders of said Bonds. WHEREAS, the City of Shakopee, Minnesota (hereinafter the "City") is duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapters 462A and 462C, as amended (the "Acts"), the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to defray, in whole or in part, the development costs of a rental housing development, and by entering into any agreements made in connection therewith and pledging them as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, to provide a means of financing the cost of a housing development that will provide decent, safe and sanitary housing for low and moderate income residents of the City at rents they can afford, and further to provide for and promote the public health, safety, morals and welfare and to provide for efficient and well-planned urban growth and development, including the elimination and prevention of potential urban blight, and the proper coordination of industrial facilities with public services, mass transportation and multifamily housing developments; which constitute valid public purposes for the issuance of revenue bonds under the Acts, the City has developed a program (the "Program") with respect to the issuance by the City of its revenue bonds pursuant to the Acts to finance the acquisition and preparation of a site and the construction of a multifamily housing development located in the City and containing approximately 93 units (the "Project"); and WHEREAS, the City developed a Housing Plan pursuant to and in conformity with the Acts and adopted the Housing Plan after a public hearing thereon after one publication of notice in a newspaper circulating generally in the City in accordance with the Acts; and WHEREAS, the Housing Plan was submitted to the Metropolitan Council, which reviewed the Housing Plan and forwarded its comments to the City which comments were favorable; and 1 C111 WHEREAS, the Program, an individual component of the Housing Plan pursuant to which the issuance of the housing revenue bonds of the City was proposed, was developed by the City and made a part of the Housing Plan; and WHEREAS, the City Council of the City adopted the Program by the passage of a resolution on October 22, 1985; and WHEREAS, the Acts require review of the Program by the Minnesota Housing Finance Agency (the "Agency"); and WHEREAS, the Agency did not reject the Program within thirty (30) days from the date of its submission; and WHEREAS, by the passage of Resolution No. 2499 of the City Council, adopted on December 23, 1985 (the "Bond Resolution"), the City authorized the issuance, sale and delivery of the Bonds pursuant to the terms of an Indenture of Trust, dated as of December 1, 1985 (the "Indenture"), between the City and First Trust Company, Inc., as trustee (the "Trustee"), and a Loan Agreement, dated as of December 1, 1985 (the "Loan Agreement"), by and between the City and the ` Developer (as hereinafter defined); WHEREAS, the Loan Agreement was entered into between the City and a successor of Riva Ridge Apartments Limited Partnership, a Minnesota partnership (hereinafter referred to as the "Developer"); and WHEREAS, the Developer and the holder of the Bonds have requested that the Indenture and the Loan Agreement be amended in order to provide for the successful remarketing of the Bonds, as contemplated by the Indenture, under current market conditions, and to provide certain additional amendments and corrections in connection therewith; and WHEREAS, the Developer has proposed to secure the Bonds by a Combination Mortgage, Security Agreement and Fixture Financing Statement and an Assignment of Leases and Rents from the Developer to the Trustee; and WHEREAS, the City, the Developer, the Trustee, the holder of the Bonds and bond counsel have approved such amendments, as required under the terms of the Indenture and the Loan Agreement; and WHEREAS, neither the State of Minnesota nor any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged in the Indenture) shall be liable on the Bonds, and the Bonds shall not be a debt of the State of Minnesota or any political subdivision thereof (other than the City and then only to the extent of the trust estate pledged in the Indenture), and in any event shall not give rise to a charge against the credit or taxing power of the City, the State of Minnesota, or any political subdivision thereof; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The City Council of the City hereby approves the amendments to the Indenture and the Loan Agreement as provided in the forms of the Supplemental Indenture of Trust and the Amendment to Loan Agreement now on file with the 2 City, and any other supplements or amendments necessary and consistent therewith, with such additions or omissions as the Mayor and City Administrator of the City shall deem appropriate. 2. The Mayor, City Clerk, and City Administrator of the City are hereby authorized and directed to execute and deliver, on behalf of the City, the Supplemental Indenture of Trust and the Amendment to Loan Agreement, and such other documents and certificates as are necessary or appropriate in connection with the execution and delivery of such amendments. 3. The City Council of the City hereby approves the forms of the Combination Mortgage, Security Agreement and Fixture Financing Statement and the Assignment of Leases and Rents, to be executed by the Developer to the Trustee to provide additional security for the repayment of the Bonds. 4. That the officers of the City, attorneys, engineers and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution and the aforementioned amendments for the full, punctual and complete performance of all the terms; covenants and agreements contained in the aforementioned amendments and this ordinance. In the event that the City Council of the City are unable to carry out the execution of any of the documents provided herein, any other member of thg City Council of the City or any other officer of the City shall be authorized to act in their capacity and undertake such execution on behalf of the City with full force and effect, which executions shall be valid and binding on the City. 5. All costs incurred by the City in connection with the remarketing of the Bonds and the execution and delivery of the Supplemental Indenture or the Amendment to Loan Agreement or any other agreement or instrument relative to the remarketing Bonds shall be paid by the Developer or reimbursed by the Developer to the City. 6. This resolution shall be in full force and effect from and after its passage. 3 h� Adopted by the City this day of , 1986. Mayor ATTEST: City Administrator City Clerk Action on above resolution: Motion for adoption: Approved as to form this _ day of Seconded by: October, 1986. Voted in favor: Voted against: Abstained: Absent: City Attorney 4 MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Preliminary Designation of Developer for the Old Correctional Facility Site DATE: October 16 , 1986 The request for proposals which was sent out recently for the potential redevelopment of the above mentioned site included a deadline for submission of projects of Tuesday, October 20th at 4: 00 P.M. As was expected, no proposals have been received as of this time and it is anticipated that they will be received on the 19th or 20th of October. The information submitted at that time will be on the table for the Council meeting. MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator RE: Change Order No. 1 for Location Study, & Environmental Assessment (EAW) Contract with Barton-Aschman Associates, Inc. DATE: October 17 , 1986 Introduction: The City entered into a contract with Barton-Aschman Associates , Inc. in 1985 to complete the above mentioned study and EAW. Barton-Aschman Associates, Inc. representatives John Mullan and Bruce Warzala worked with a City appointed committee this past summer to bring 15 alternative bridge alignments down to a reasonable number to be included into a final EAW. Background: Task No. 3 entitled "Develop Alternatives" in the City' s contract with the consultant called for preparing preliminary geometric layouts for up to four ( 4) alternative alignments. The committee was unable to reduce the 15 alternatives to 4 for final study. It only reduced the number to 6 . The committee felt strongly that the 6 needed full analysis and the additional 2 alternative alignments account for the major cost of Change Order No. 1. After the committee had completed its work and the EAW was printed, a citizen came forth with a new alternative which City staff and the consultant reviewed. The cost for that review constitutes the balance of Change Order No. 1. Attached is a letter from Bruce Warzala dated October 14, 1986 outlining the work completed on the 6 alignment alternatives plus the late additional alternative. Also attached for your review is the estimated cost proposal for the study included in our contract with the consultant. There were 8 tasks identified in the contract and the first 6 tasks have been completed. Task 7 is Public Involvement" and Task 8 is "Study Report" which includes the final geometric layout and a study report for the selected alternative ( see estimated cost proposal) . Alternatives: 1. Approve the Change Order as submitted. Council is well aware of the importance of finding a bridge alignment alternative that serves the City and State traffic needs, plus the City' s downtown redevelopment needs. As indicated by the shear number of alternatives, there has been a keen interest in the final bridge alignment. This interest was also reflected in the committee appointed to reduce the 15 sites to 4 sites for study. They were unable to reduce the alternative alignments to 4 without significant additional analysis. While the additional analysis took more time and money, it was essential in providing critical engineering information which the committee could use in making its selection for the final alternatives in the EAW. The total cost of Change Order No. 1 would be $13 , 410 or 9. 40 of the contract estimate. Change orders exceeding 1% require Council action. If Council does not approve this change order we will have to redesign Task 7 and 8 to determine how they can be completed within the original contract estimates. 2. Approve Change Order No. 1, but in a reduced form. This alternative would require that City staff sit down with the consultant to see if a Change Order with a lesser cost could be negotiated. 3 . The City could choose not to pay for the additional work under Change Order No. 1, and renegotiate the work to be completed under Task no. 7 and 8 under the contract. This alternative would also require that staff sit down with the consultant to review just how the project could be completed. Recommendation: I recommend alternative No. 1, because the City has experienced considerable turmoil and delays due to the community' s overall interest in the final alignment of the Hwy. 169 bridge. Money spent on studies and design to thoroughly analyze the most "popular" alternative is well spent if it provides technical information around which quality decisions can be made and a community consensus can be maintained. The contingency in the bond sale financing this project is sufficient to cover the $13 , 410 cost of change order No. 1. Action Requested: Authorize the appropriate City Officials to approve Change Order No. 1 for the Location Study and Environmental Assessment (EAW) contract with Barton-Aschman Associates, Inc. increasing the estimated contract cost by $13 , 410. Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 October 14, 1986 Mr. Ren Ashfeld, City Engineer City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Re: Alternative Review/DeveloprTient Dear Mr. Ashfeld: In furtherance of our July 30, 1986, telephone conversation on the increased effort it took to narrow the large number of alternatives to a workable few, I am now in a position to give you a cost estimate. The reason for the delay was, as you requested, to wait until we could be reasonably sure no fu=her alternatives would be offered for consideration and to be in a position to offer a reasonably accurate estimate. As you know, our contract proposal was based on a cost estimate which included study and analysis for up to four alternative alignments. With the establishment of the Alternative Selection Committee, we began the analysis process with fifteen alternatives submitted by various client groups. With a minimum of analysis we were able, with the help of the committee, to reduce the number to six. All six, however, had to be taken through the full environmental analysis phase before we could gather sufficient information for the committee to maks further cuts (see Alternative Review and Selection Process dated June, 1986). In early August (8/5/86) a request was made to review another alternative which would have, in addition to recommending some directional geometrics, utilized Levee Drive as part of the bypass alignment. Although the committee had completed its alternative review and selection process, this alternative was also reviewed and the results reported to you in correspondence form dated August 11, 1986. The additional cost for the expanded level of alternative development and/or analysis is $16,886.90. Although the study time has been extended somewhat, the budget amount has not as yet been exceeded. The additional amount will, however, be required to complete the public hearing and design study report activities included in the original contract. We are of purse assuming no significant problems will be encax tered as a result of the public hearing. Barton-Aschman Associates, Inc. October 14, 1986 Page 2 We met with MnDOT district officials this morning to finalize layout geometrics for submission to their Central Office staff for final approval. This approved preliminary plan will be displayed at the public hearing. The MnDOT district office was also anxious to finalize geometrics so they can begin their construction survey work. This they plan to do as soon as weather permits. They indicated the high water may present a problem. We are pleased to have been given the opportunity to serve you and to play a role in bringing this project to fruition. Sincerely, c-of `�- Bruce L. Warz Senior Associate BIW:kro cc: John Mullan John Anderson, City kt nis trator d Barton-Aschman Associates, Inc. TH 169 Alte=lative Study met Suplement Cost to review additional alternatives. o proposal considered analysis of up to four alternatives. a Analysis began with 15 alternatives. cost to reduce 15 to 6: preliminary analysis; costs to cut Aligment configuration $ 810.00 Traffic forecasts 810.00 Estimating construction costs 747.50 Meetings (2) , two people 1,080.00 Travel $ 29.40 Sub Total $ 3,476.90 Cost to further reduce 6 to 4: Refine geametrics/envirormenT,_al. analysis $12,870.00 Sub-Total. $16,346.90 Late additional alternative review $__J40.00 Total $16,886.90 ESTIMATED COST PROPOSAL FOR LOCATION STUDIES AND ENVIRONMENTAL ASSESSMENT Task Description Cost 1 FundingAgreement and Project Initiation 9 ) cation $ 4,829.00 2 Data Collection and identification of socioeconomic concerns, costs and benefits 8,217.00 3 Develop Alternatives 28,600.00 4 Bridge Type Study 20,658.00 5 Project Path Report 12,430.00 6 Environmental Assessment 47,600.00 7 Public Involvement 5,071.00 8 Study Report 14,366.00 TOTAL $141,771.00 MEMO TO: John K. Anderson, City Administrator J 1 FROM: Barry A. Stock, Administrative Assistant RE: Huber Park Trail Project Extension DATE: October 14, 1986 Introduction• In 1984 , the City of Shakopee was awarded a LAWCON/LCMR Grant for enhancements to the Huber Park Trail. Recent discussion on the proposed realignment of T.H. 169 in Shakopee has prevented the City from proceeding with the proposed project. It has therefore become necessary for the City to apply for a one year extension to the project. Background• The LAWCON/LCMR grant application in 1984 included cost for site work, observation platform and landscaping. The grant application was for a total project cost of $114,900. In October of 1984, the City received the LCMR (State) portion of the grant - $43 ,705 . The LAWCON (Federal) share - $27,790 will not be awarded until the project is complete. The remaining share of the project cost $43 ,705 , is the City' s local match. To date, the City has expended $4, 200 from the Huber Park Trail Enhancement Project (grant and park reserve funds) . This money was paid to Barr Engineering for preliminary design work on the observation platform. We also have a contract with Westwood Planning and Engineering for landscaping design along the trail itself. However, no work has been charged to this project to date. Completion of the proposed improvements have been delayed in light of the proposed mini by-pass realignment. I recently contacted the Department of Energy and Economic Development (DEED) to request a one year extension for this project. This action is necessary in order to avoid losing the Federal and State share. At this time, it has not been decided whether or not the observation platform will be deleted from the project in the future. It would therefore be appropriate for the City to simply request a one year extension to the project. With no change in the project description or cost. If in 1987 it becomes necessary for us to eliminate the observation from the project, we can again apply for an amendment to our application. Attached is the State amendment form that should be executed by the appropriate City officials if the City wishes to pursue a one year extension of the Huber Park Trail Enhancement Project. Pending Council and DEED approval the new project deadline will be December 31, 1987. �C Alternatives .• 1. Move to authorize the appropriate an amendment to the HuberarkTrail officialsto execute requesting a one year extension to theProject project. ly 2 • Trail oEnhancementj oProectne year extension to the Huber Park Staff Recommendation: Staff recommends alternative #1. Action Requested: an Move to authorize the appropriate city amendment officials to execute to the Huber Park Trail Enhancement Project requesting a one year extension. l � S T A T E O F M I N N E S O T A DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT DIVISION OF COMMUNITY DEVELOPMENT Amendment to M Land and Water Conservation Fund (LW) r7 State Natural Resources Fund (NR) r7 State Outdoor Recreation Grant Fund (OR) CITY OF SHAKOPEE SCOTT COUNTY Local Unit of Government County LW27-01232.1 HUBER PARK TRAIL Project Number Project Title This Amendment to Project Agreement Number LW27-01232 is hereby made and agreed upon by the State of Minnesota through the Department of Energy and Economic Development pursuant to: Q Land and Water Conservation Fund Act of 1965, 78 Stat. 897. (LW) Minn. Laws 1965, Ch. 810 and subsequent applicable laws, and rules and guidelines of the Department of Energy and Economic Development. (NR) Minn. Laws 1977, Ch. 421, Sec. 2, Subd. 2, 3, and 4 subsequent applicable laws, rules, and guidelines of the Department of Energy and Economic Development, (OR) In mutual consideration of the promises made herein and in the Agreement identified above, the parties hereto do agree to amend said Agreement as follows: TO EXTEND THE PROJECT PERIOD TO 12/31/87. THE GRANTEE SHALL COMPLY WITH 43 CFR, PART 12, SUBPART B, AUDIT REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT. NO CHANGE IN PROJECT COST OR FUND AMOUNT. In all other respects, such an Agreement shall remain in full force and effect and is hereby reaffirmed. APPROVED: LOCAL UNIT OF GOVERNMENT Commissioner of Administration For B Cit r Count � y By Date Mayor or hai m6n Title ATTORNEY GENERAL Date STATE OF MINNESOTA By Clerk or Auditor Name By Title Title Date APPROVED AS TO FORM AND EXECUTION THIS DAY SEAL AFFIXED OF , 19 APPROVED: Commissioner of Finance STATE OF MINNESOTA by and through the Department of By nergy and Economic Development. Date By Encumbered Title Deputy Commissioner LAWCON XIV/74-3 Date rif CITY OF SHAKOPEE PUBLIC WORKS DEPARTMENT / > MEMO TO: John Anderson - City Administrator FROM: Jim Karkanen - Public Works Dept. SUBJECT: Declare surplus property DATE: October 16, 1986 INTRODUCTION & BACKGROUND: Recently, the City Mechanic had to replace the diesel engine on the 1970 Fiat-Allis Model 545-B front end loader Unit #120. The replaced engine had been overhauled in 1978 and 1982, and was in need of an overhaul again this year. This particular engine has proved to be a high maintenance, and low hour engine, thus prompting our decision to replace it with a more updated model engine which will give us more horse- power and longer engine life. The distributor from whom we purchased the replacement engine has several of these older engines in his inventory, and wouldn't offer us a trade-in for the older engine, because an overhaul would cost in excess of $4000, providing that the crank- shaft and camshaft did not have to be replaced. We have had several inquiries from individuals who would like to either buy the old engine from us, or simply cannibalize the needed components from the engine. These parts are not compatible with the replacement engine. Permission is requested from the Council to declare the old Fiat-Allis engine as surplus property, and authorize the Public Works department to sell the various components and/or the entire engine to the best offer available. ACTION REQUESTED: That the City Council declare the replaced Fiat-Allis diesel engine-as surplus property, estimated value of $600.00, and a.uthozize the City Administrator to sell it to the best offer available. n MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer/4�# SUBJECT: Holmes Street Trunk Storm Sewer Assessments DATE: October 15 , 1986 INTRODUCTION: Relative to the 1980-3 Holmes Street Reconstruction Project, certain properties had the storm sewer portion of the special assessments abated until storm sewer laterals are installed. The 1986- 1 Holmes Street Basin Lateral project provided lateral benefit to four of the properties with abated assessments . Resolution No. 2643 declares the amount to be assessed, orders the preparation of an assessment role and sets a hearing date and time to establish assessments to the four properties. BACKGROUND: Attached are the following documents which provided for the abatement of the storm sewer assessments : Resolution No. 1915 which abates the storm sewer assessment for 9 parcels of property. Map showing the location of the abated assessments. The numbers on the map correspond to map code numbers on Resolution No. 1915 . List of assessments abated by Resolution No. 1915. Copies of contracts between owners of properties now benefitted and the City . The contracts provide for the assessment of trunk storm sewer benefit at "such time as the City of Shakopee shall levy an assessment against" the property for storm sewer lateral benefit. The 1986-1 Holmes Street Basin Lateral Project is being funded by a storm sewer utility versus special assessments, therefore, the language of the contract does not correspond to actual funding actions . Since Rod Krass drafted the contract agreements, I posed the situation to him. Rod indicated that the intent of the contracts have been satisfied and the benefit is now inplace . His recommendation is to assess the amount in the agreements through a normal 429 assessment procedure . Adoption of Resolution No. 2643 initiates that procedure . Holmes Street Reconstruction October 15 , 1986 Page 2 The properties benefitted by the lateral project and hence now benefitted by the trunk project are numbers 4 , 5 , 6 , and 9 of the map owned by Mr . Jerome Wampach and my Arthur Fonder . The remaining properties will be benefitted at some future time . RECOMMENDATION : Adopt Resolution No. 2643 . REQUESTED ACTION: Offer Resolution No. 2643 , A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments , Project No . 1980-3 , Holmes Street Reconstruction and move its adoption. KA/pmp ABATE l ' RESOLUTION NO. 2643 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment Project No. 1980-3 Holmes Street Reconstruction WHEREAS, a contract has been let for the improvement of : Holmes Street Reconstruction, Project 1980-3 and certain proposed assessments resulting from that project were abated until further improvements were made, and ; WHEREAS, further improvements have now been made to benefit certain properties that had assessments abated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The cost of such improvement to be specially assessed is hereby declared to be $ 2 , 622 . 96 . 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1 . That a hearing shall be held on the 18th day of, November, 1986 , in the Council Chambers of City Hall at 7 : 30 P.M. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvements. He shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota , held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney RESOLTTTIIN NO. 1915 � .•�% A RESOLUTION ABATING ASSESSMENTS FOR CERTAIN pARCF,LC f� INVOLVED IN THE HOLMES STREET STORM SEWER IMPRn�TEMF,NT Sn-3 (APPEALED ASSESSMENTS) WHEREAS , on August 26 , 1980 Resolution No. 1670 was adopted setting assessments for the Holmes Street storm sewer improvements : and WHEREAS , certain property owners did appeal their assessments to District Court ; and WHEREAS , the Honorable John J. Daly did order that the special assessments levied against these certain parcels be set aside and he ordered a reassessment of these certain parcels . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL nF THE CITY OF SHAKOPEE, that the special assessments levied azainst the follow- ing parcels by Resolution No. 1670 are herebv abated and cancelled pursuant to the order of the Honorable John J. Daly, Judge of dis- trict Court : Owner Parcel No. Legal description 1 John Brambilla 27-001-060-00 E 1/3 of L 3 , all of L 4 , 620 Monroe Avenue ex. E Iq ' of W 58 ' of S 1 /9 thereof, all of L 5 , Rlk 5 , n. S.P. 2 Calvin G & Harold A . 27-001-059-00 L 1 , 2 , & W 2/1 of L 3 , Johnson Rlk 5 n. S.P. 133 West 1st Avenue Brambilla Motors 620 Monroe Avenue 3 Francis P. O ' Connor 27-001-140-00 L 6 , B 21 , O. S .P. 1st & Fuller Q Jerome K. Wampach 27-001-256-00 L 4-6 , B 32 , n. q.P. 524 South Holmes 5 Jerome K. Wampach 27-001-257-00 L 7 , Blk 32 , n.q.P. 524 South Holmes 6 Jerome K. Wampach 27-001-259-00 W 22 ' of L q & E 15 ' of 524 South Holmes L 10 all in Rlk 37 , O. S.P. 7 Charles A. Mensing 27-001-156-00 L 9 ex. W 36 ' of S 75 ' 117 Fuller thereof R 22 , n, C.P. $ Charles A. Mensing 27-001-157-00 W 36 ' of S 75 ' of .L . 9 . & 117 Fuller all L 10 , B 22 , O. S.P. 9 Arthur Fonder 27-001-283-00 Box 057 L 7 , Blk 35 , n.S.P. BE IT FURTHER RESOLVED, that proper City officials are hereby -- -- authorized and directed to refund anv pavments aireadv made and /or payable with the 1981 pavable taxes . Adopted in r . . , �' session of the i ,v,!Council of thn City of Shakopee, hel-rd this dav of Mavor of the City o Shakopee ATT t form this � c�av Approved �.s o r. City� Clerk of � 1491 . l,•1%�' :',�:y, cam. - - - ------ ------------------ IG.�. ' SOT j -- ------- ---� —--—— — —————— ----- GOv' .-0• 2 GOVT LC2 I RIVERSIDE PARK LAS"' c. r R , V ER -" DRIVE LEVEE _ - - vi Q Qy� "�� ,`<. STp TIO► - �r m v U gT o y �ARKS r URC" 1 6 PARK gCHOC: A 6t c e e v o 4D S 1 v� NN S 1 ,dv ST`�jN. R Ln L� to �1 J r{ 't ri C CG N O O - � wr- Oa G_ LI) G O IK C O !D r• G (D O G rT (D O a) -1 a � U) (D a C7 fD O a c (D G (D r• (D (D G O ^i C t p �G p ? a o G el el O n (D C -o v Z N o ' O 00 Ul E o o m c 9 ~ �! F �l i N C—' N C" O m N «b f _ �' v v rr, v G T Cv i I O'N I r+ I l.n I--+ I (t O O w - O O a, p0 OO O <-�O n X F- N Inw �•, .. "'� N O • I O I I I I I x000 ILn L-n Ln cn O Cn Li li am � wI cn I NI NM v� or0 'vim o, o co - o � � o 00 0 o No ocn" o ~ m t7 LO ,'mob w Lr) a � h -0 �. N cn o N ^ ca H T _ rr O O :d Ln L o w 11 O m o !_ Y M f't G Z r. z O .� Ln (D C O .� x a 0 rr `� o lz7 (D O < �. r• rT1 w (A Z m (D r I rr = i In Ln co Ln OD NN m O 00 N In 111 Lnv 'Cl) T NLrl N N N U'i > Cn O O O r1 O� W ~ u O•n O v O O O O �O 00 m O '! w u � a w w Ln CD <s Z_ cc rn w w O w N0 C; N x O Lrlv1 CNv1 00CD v O 00 v (p -� v1 0� v1 v1 Q' In In In w v0 'S r i1! m 4 Ln T 00 N O O Ln C) OO OO >._. '�t• vwr:•�-'T'�!�e-'�'.r�'..��wS:'►e!►-T�^,".�'�#. - �"j'�,ay_�.� ,Q. _�,. .tea fy w � ~ n 77// 1`� O ^t O fD D O I � y � T Ln v a) c 00 H V i T CO Cf) m �l II W 11 C) C) Nrn0 (D b t•-' � cn p Cn v C'' 00 Lo Ln l h W w to v 'o In I 'Z7 I (D , D O • --.i o a) cn O O to 0 0 r Cn Ln LM Mi 1-33 rn a Ln � n Ln -3 O i (D H R T r 00 N TpJ f O O o� a� Ox 4. 0 0 >Z c CO Cri yr o m -� CIO 0O O NCO D m m cD �� N �< rn ( CD p p Ti �« it . F CONTRACT FOR FUTURE ASSESSMENTS THIS AGREEMENT entered into this day of October, 1981 , by and ` between the City of Shakopee,a body corporate and politic, hereinafter . referred to as party of the first part, and Jerome K. Wampach and Juane Wampach, husband and wife, party of the second part. RECITALS. I . Party of the second part is the owner of certain property located in the City of Shakopee, and legally described as follows, to-wit: Lots 4, 5 and 6, Block 32, Plat of Shakopee, on file and of record in the office of the Scott County Recorder. II. That the City of Shakopee did levy an assessment against said property as part of the Holmes Street Reconstruction Project No. 80-3, which assessment was adopted on August 26, 1980. Said assessment having been levied for storm water trunk facilities. III. That party of the second part did appeal said assessment to Scott - County District Court, and said matter was heard by the Honorable John J. Daly, Judge of said Court, who set aside said assessment and remanded the matter to the City Council of the City of Shakopee for further hearings as are provided by law. IV. That as a result of said further hearings, party of the first part and party of the second part have agreed to the terms and conditions as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements as herein contained, the parties hereto do agree as follows: 1 . That at such time as the City of Shakopee shall levy an assessment against the above-described property owned by party of the second part, for storm water laterals used to facilitate storm drainage from said property, the City of Shakopee shall also assess said property for storm water trunk facilities, in the total amount of $1 ,606.65, to be paid in the same manner as said lateral assessments, including interest as set forth in the Resolution adopting said lateral assessments, provided, however, that ten (10) years from the above date this Agreement shall be null and void and no storm water trunk assessment shall be levied in the manner provided herein. 1l 2. Should party of the second part appeal such lateral storm water assessments and should it be determined by the Court of ultimate disposition that said property is not benefitted and cannot be assessed for such lateral r storm water improvements, there shall be no levy of the trunk storm water assessment set forth in Paragraph 1 . Dated this 19 day of October, 1981 . CITY OF SHAKOPEE I /—y rt-3-Em—li�nistrat 6 rl erome K. Wampac7 M ane Wampach STATE OF MINNESOTA) ) ss. COUNTY OF SCOTT ) y 1981�before me Nota y Public On this da of �',-:a�� >q2�1 , �?� wi thi`R and fon sai ounty an tate personally appeared , tN 1 �� 4Aw and �� \,r.,;a,„ ;,�la ,�,,,�� to me personally known, who did say that they are respectively the Mayor and Administrator of the City of Shakopee, and that they executed this instrument and acknowledged the same to be the free act and deed of the City of Shakopee. Notal\ryI Public c \ /..Y-/vr..i”�'V"�y.I.\�Tfl,+4.�A........^...;.rt svJY•� STATE OF MINNESOTA) '`�_ •-:1_ ��-u S S• JJ` Z 1'3. 1322 �MV^.J'N+'t�4�rv^v."�^v*4•r1.•VOFj COUNTY OF SCOTT ) On this C� day of ()C_4 r 1981 , before me a Notary Public within and—for said County and State personally appeared Jerome K. and Juane Wampach, to me personally known, to be the persons described in, and who executed, the foregoing instrument and acknowledged that they executed the same as their free act and deed. :a corny. WN. ti• �o tt1a ry Public ;;.ropy ty *9 ern WtWa kxtrva Nei In W deft= iK�n�eerTd ita r,,,;;.�;p.✓�o A;�E G ovt4.r.`ER T nCs fi. 15 !D ' `j(t �` 14OTAfsvrUav�`FE8rg.* Ell'.ttC1';—:01 /:i Y. £KP . //4) iy MEMO T0: John K. Anderson, City Administrator '1 FROM: Ken Ashfeld, City Enginee 4� SUBJECT: Proposed 13th Avenue Project Assessment Alternatives DATE: October 16, 1986 INTRODUCTION: At the continuation of the hearing for proposed improvements to 13th Avenue from County Road 89 to the east, Council directed staff to explore additional methods of assessing the costs of the project. BACKGROUND: The estimated total project cost is $246,147.00. The project area consists of a municipal state aid system with state controlled design criteria. The feasibility report identified those costs associated with state aid design criteria that is in excess of City design criteria. The state aid cost is estimated at $44,307 .00 resulting in an assessed cost at $201 ,840.00. Essentially, the $201,840.00 estimate provides for a 9-ton, 36 foot roadway facility. The feasibility report also addressed three alternatives methods of assessing the $201,840.00. They are as follows: Alternative 1. Spread all assessed cost to the abutting properties. Alternative 2. Spread all assessed cost to the improved area. Alternative 3. Spread the assessed cost by an apportionment method; 60% over the front footage and 40% over the improved area. Following are four additional alternatives for consideration by Council: Alternative 4. A two tiered apportionment assessment, whereas, the assessed cost is calculated for a 7 ton roadway and an additional cost to upgrade the roadway to a 9 ton classification. The cost associated with a 7 ton roadway is estimated at $174,974.00. The estimated cost to upgrade the roadway to 9 ton is $26,866.00. The 7 ton cost is then apportioned on a 60% front foot and 40% improved area basis (industrial & residential). The 9 ton cost is also apportioned on a 60'6/40'6 basis, but on industrial property only. Alternative 5. All assessed cost attributable to a 7 ton roadway apportioned on a front foot basis and the additional cost for a 9 ton roadway apportioned to the industrial area only, based on area. Alternative 6. This alternative is similar to Alternative 1 in that all costs are assessed to the front footage with no assessment to the overall area. The difference with this alternative is that the residential properties with front footage is assessed for a 7 ton roadway. The additional cost for a 9 ton road becomes a City cost (state aid). 13th Avenue October 16, 1986 Page 2 There are basically four types of properties analyzed by the alternatives. 1. Abbuting industrial 2. Abutting residential 3 . Non-abutting industrial 4. Non-abutting residential The following is a summary of the assessment rates for each type of property with each alterative. Property Type 1 2 3 4 Alternative 1 $47 .57/FT. $47.57/FT. $0.00/S.F. $0.00/S.F. N/A $0.00/S.F. $0.00/S.F. $0.00/S.F. $0.00/S.F. Alternative 2 $0.00/FT. $0.00/FT. $0.00/FT. $0.00/FT. $0.047/S.F. $0.047/S.F. $0.047/S.F. $0.047/S.F. Alternative 3 $28.54/FT. $28.54/FT. $0.00/FT. $0.00/FT. $0.019/S.F. $0.019/S.F. $0.019/S.F. $0.00/S.F. Alternative 4 $29.07 FT. $24.74/FT. $0.00/FT. $0.00/FT. $0.018/S.F. $0.016/S.F. $0.018/S.F. $0.016/S.F. Alternative 5 $41 .24/FT. $41 .24/FT. $0.00/FT. $0.00/FT. $0.006/S.F. $0.00/S.F. $0.006/S.F. $0.00/S.F. Alternative 6 $47.57/FT. $40.91/FT. $0.00/FT. $0.00 FT. $0.00/S.F. $0.00/S.F. $0.00/S.F. $0.00/S.F. With Alternative 6, the City cost increases by $3 ,446.35 to a total City cost of $47,753 .35. RECOHMENDATIOR: Selection of assessment Alternative 3 as recommended in the feasibility report. REQUESTED ACTION: If Council orders the proposed improvements, provide direction to staff of desired assessment alternative. KA/pmp 13 TRAV E ` All STUDY AREA BOUNDARY STORM . SEWER ' 2 —� I FRONT FOOTAGE i311h 7"1 `� I PROJECT AREA t- 18119120ji21 735 6 17 \/// 23 �'34 4 5 Kk133 ,k ////// 22 129: 132 _ 2 t` 16 131 2-,�: ! 30 15 23 NON—ABUTTING BENEFITED AREA s ;< i. 14ZZ '1 10 13 `11 1 1 4 29 \ 12 0 10 r' 12 FIG . 1 , STUDY AREA iR � - G I S AND SCOTO"I CSU N yMl ` - sc4,LI INCH = 200 - V 5677 - ��4 or. SQc, lZ . � , - l00i0050 N C lOO.OZ /oD /DD �DD _.j 2-007' _ - - 20.07• _-_f- sz) 2/7 6 /50 5J /SO 567 50 MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer. SUBJECT: Watermain Improvements to Country Village Apartments Resolution No. 2642 DATE: October 14 , 1986 INTRODUCTION: Resolution No . 2642 orders a feasibility study and report for proposed watermain improvements to properties abutting Marschall Road ( County Road 17) from 11th Avenue to the south approximately 1250 feet. BACKGROUND: The Country Village Apartments/Shakopee is proposed to be located adjacent to Marschall Road and immediately south of the old Valley Publishing building (Ken Theis property) . The developer (The Ackerberg Companies) has requested the City and Shakopee Public Utilities to provide water service to the site (letter attached) . Since the Ackerberg property does not constitute 35% of the proposed benefitted area , Resolution No. 2642 constitutes a Council initiated action. Alternatives: 1 . Adopt Resolution No. 2642 . 2. Do not offer Resolution No. 2642 and require The Ackerberg Companies to obtain petition signatures of at least 35% of the benefitted property owners . RECOMMENDATION: Since development in the proposed study areas , as well as adjacent areas, is imminent, I recommend adopting Resolution No. 2642 . Concurrence of Recommendation Shakopee Public Utilities ACTION REQUESTED: Offer Resolution No. 2642, A Resolution Ordering the Preparation of a Report on an Improvement of Watermain Facilities Adjacent and/or Parallel to Marschall Road from 11th Avenue to the South Approximately 1250 Feet and move its adoption. 6 " RESOLUTION NO. 2642 A Resolution Ordering The Preparation Of A Report On An Improvement of Watermain Facilities Adjacent and/or Parallel to Marschall Road From 11th Avenue to the South Approximately 1250 Feet WHEREAS, it is proposed to improve properties adjacent to Marschall Road from 11th Avenue to the south approximately 1250 feet by watermain improvements and to assess the benefitted property for all or a portion of the cost of the improvement , pursuant to Minnesota Statutes, Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended Adopted in session of the City Council of the City of Shakopee, Minnesota , held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney THE ACKERBERG COMPANIES, LTD 4201 Excelsior Boulevard Minneapolis, MN 55416 (612)920-9020 !l September Fourth 1986 Mr. Kenneth Ashfeld City Engineer City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Re: Country Village Apartments/Shakopee 1255 flarschall Road Shakopee, Minnesota Dear Ken: We met with Mr. Lou Van Hout, Manager of the Shakopee Public Utility Commission yesterday at which time we formally requested that the Utility Commission extend the trunk water main from 11th Avenue and County Road 17 southerly past the sub- ject property. A copy of our formal written request dated September 4, 1986, to the Shakopee Public Utility Commission is enclosed with this letter for your files and further reference. Concurrently with our request to the Shakopee Public Utility Commission, we wish to also formally request, by means of this letter, that the City of Shakopee take whatever steps or actions may be required to initiate and implement the extension of the trunk water main past the subject property. We understand that the Shakopee Public Utility Commission is a separate entity and operates independently of the City of Shakopee but we are also led to believe that the City must participate in certain actions and procedures to assist in the im- plementation and approval for this trunk water main extension. Accordingly, we herewith formally request that your office and the City take whatever steps may be needed to expedite the necessary approvals required to extend the trunk water main as requested above. Since we are unfamiliar with the various procedures and inter- related actions required by the City and the Shakopee Public Utility Commission, any help or direction you can extend to us in furthering this trunk water main extension w!77 be most appreciated. To help expedite this matter, we are also enclosing with this letter copies of memos and reports prepared by the City Administrator and the City Engineering De- partment which may be helpful to you and others in quickly becoming aware of the previous studies performed for this water main extension. mr. Kenneth Ashfeld September 4, 1986 Page Two In addition, we would like to request that this trunk water main extension be accomplished on an assessment basis whereby all benefited property owners would equitably share in the cost of the trunk water main. If we can be of any other help or assistance to you in furthering this matter, please advise. Irs 0 NIES, D. r e g cc: Lou Van Hout MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Senior Community Services Employment Program DATE: October 16, 1986 Introduction• Funds have been made available to the County for the purpose of administering and directing a Senior Community Services Employment Program. The Program provides part-time subsidized employment opportunities for eligible individuals in jobs providing services to the elderly and the general community. Background: We are exploring the possibility of using an eligible individual to work on the microfilming of City Hall records. Total compensation would be provided by the County. Execution of the attached agreement would permit the City to hire eligible individuals interested in working for the City as they become available, which is similar to the Urban Corp. Intern Program the City enters into each year. Alternatives: 1. Enter into agreement. - 2. Do not enter into agreement. Recommendation: Alternative No. 1 Recommended Action: Authorize proper City Officials to enter into a public sector work site agreement with the County of Scott for the delivery of employment and training services through the Senior Community Services Employment Program. SCHS# 398 Contract No. 1~ PUBLIC SECTOR WORK SITE AGREEMENT FOR THE DELIVERY OF EMPLOYMENT AND TRAINING SERVICES SENIOR COMMUNITY SERVICES EMPLOYMENT PROGRAM THIS AGREEMENT made and entered into by and between the County of Scott, a political subdivision of the State of Minnesota, hereinafter called "County", through the Scott County Human Services, Court House 300, Shakopee, Minnesota 55379, hereinafter referred to as the "Department", and hereinafter referred to as the "Agency". WITNESSETH THAT: WHEREAS, funds have been made available to the County for the purpose of administering and directing a Senior Community Services Employment Program, hereinafter referred to as "SCSEP", under the Older Americans Act of 1965 and the Comprehensive Older Americans Act Amendments of 1978, Public Law 97-115, and WHEREAS, the Agency is a public or private non-profit governmental organization qualified to furnish an appropriate work site, and WHEREAS, the County through the Department is desiro:is of entering into an Agreement with the Agency whereby the Agency would provide a worksite for unemployed persons eligible for the Senior Community Services Employment Program; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties do covenant and agree as follows: 1. TERM The term of this agreement is from _C7c - through /`l J'Z , the date of the signature of the parties notwithstanding, unless earlier terminated as provided herein. 2. PROGRAM RESPONSIBILITY Agency agrees to operate a worksite to provide employment and training services to eligible recipients as provided for in Public Law 97-115 (SCSEP) and in accordance with rules and regulations adopted pursuant to said law and in accordance with all other applicable state and federal statutes and regulations including those related to: (1) affirmative action; (2) occupational health and safety standards; (3) environmental standards; (4) fair labor practices; and (5) all rules, regulations, policy statements and other written directives promulgated by the County. The Agency agrees to interview potential employees referred to the Agency by the County pursuant to this agreement. The Agency agrees to orally notify the Department of all individuals hired pursuant to this agreement (hereinafter referred to as SCSEP participant) at least one (1) working day prior to the start of employment with said Agency. The Agency further agrees to confirm said oral notification in writing to the Department within five (5) working days of each SCSEP participant's start date. The Agency further agrees to notify the Department in writing of the termination of employment of any SCSEP participant hired pursuant to this agreement not later than ten (10) working days after the last date of work of said individual. The Agency agrees that each SCSEP participant's work schedule will allow time to attend training sessions required by the Department. It is understood and agreed that the program reimbursement for each SCSEP participant ends on June 30, 1987. 3. COMPENSATION The Department agrees that all individuals placed at the Agency by the Department shall be SCSEP participants of the Department. SCSEP participants shall be special grant employees of the County. The Department agrees to pay each SCSEP participant placed at the Agency the sum of $3.35 per hour in wages for each hour the employee works and in accordance with the County payroll, compensation, and check distribution policies for SCSEP participants. Worker's compensation coverage will be provided by the County for all SCSEP participants placed at the Agency. SCSEP participants will not be paid for lunch hours. The duration of the lunch period will be determined by Agency policy. SCSEP participants will qualify for vacation or sick leave payat the rate of .04615 hours for each hour worked. 4. BILLING AND PAYMENT The County will process payroll for all SCSEP participants. Time sheets must be verified and signed by the immediate worksite supervisor or designee, signed by the employee, and submitted by the Agency to the Department once every two weeks. Payroll checks will be mailed directly to the SCSEP participant by the County. 5. RECORDS The Agency agrees to maintain such records as required by the County and the Department in order to allow the County to fulfill its reporting requirements to the State of Minnesota and the Federal Government. In addition to all other records and reports required by the County or the Department, the Agency agrees to maintain time, attendance, payroll and fringe benefit records, books, documents and other evidence of employment on all employees hired under this program and all such other records as are normally kept by the Agency in regards to its employees. The Agency agrees to make said records available for audit or review by the Department, the County, the State of Minnesota, or their representatives for a period of three (3) years subsequent to the submission of the final reimbursement request or the final resolution of any litigation, claim, or audit which is started before the expiration of the three (3) year term. 6. DATA PRIVACY All data collected, created, received, maintained or disseminated for any purposes by the activities of the WORKSITE AGENCY because of this contract, is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 15.1611 to 15.1699 as amended by the Laws of Minnesota, 1982, Chapter 545, the Minnesota Code of Agency Rules implementing such act now in force or hereafter adopted as well as Federal Regulations for Data Privacy. -2- 7. CANCELLATION This Agreement may be cancelled by either the County or the Agency with or without cause upon thirty (30) days written notice to the other party. This Agreement may be cancelled by the County immediately upon receipt from the State of notice of an alteration in the funding level to the County to provide for said program. 8. DEFAULT AND REMEDY The failure of the Agency or any of the agents of the Agency to abide by any of the terms, conditions, requirements expressed in this Agreement shall constitute a default if not promptly corrected by the Agency upon receipt of a notice of deficiency and request for compliance from the County or the Department. In the event of a default by the Agency, the County may cancel this Agreement by sending written notice of cancellation to the Agency at its address first written above, and may recover from the Agency such damages as may directly or consequently arise out of the breach of this Agreement or failure to perform the same by the Agency. 9. PERSONNEL PROCEDURES The Agency personnel procedures will be followed for each SCSEP participant including the provision of an initial job orientation, a job description, employee rights and responsibilities, the name of the immediate supervisor, the phone number to call in case of an absence from work, and appropriate accident prevention training. The Agency will provide periodic feedback to the SCSEP participant on work performance through the immediate supervisor. A Department staff member will make periodic contact to observe an SCSEP participant at work and to consult with the immediate supervisor on the progress of the SCSEP participant and compliance with the terms of this agreement. The Agency agrees that a letter of recommendation for an SCSEP participant will be written by agency staff at the successful completion of the program by an SCSEP participant. 10. DISCHARGE The Agency may discharge an SCSEP participant for just cause. The Agency agrees to consult the Department prior to such termination of employment of an SCSEP participant. 11. WORK ACCIDENT In the event of an accident on the worksite involving an SCSEP participant, the injured SCSEP participant should be taken to the doctor or hospital of their choice. The doctor or hospital should be informed that the injured person is an employee of Scott County. The Agency agrees to report immediately any such accident to the Department and to report to the Scott County Personnel Department, 428 South Holmes, Shakopee, Minnesota 55379, on the "First Report of Injury" form within 48 hours of the occurance of the accident. -3- 12. GRIEVANCE PROCEDURE Agency shall have grievance procedure to resolve issues between the Agency and the SCSEP participants. Said grievance procedure shall provide for a fair means of resolving promptly such issues which arise between the Agency and the agrieved party. 13. DISPUTES The Agency agrees to attempt to resolve disputes arising from this Sub-agreement by administering process and negotiation in lieu of litigation. Continued performance during disputes is assured. 14. AGENCY CERTIFICATION A. The Agency certifies that it has submitted a plan to the County which describes the duties and proposed compensation of each SCSEP participant purposed to be hired under the program. Such position descriptions are attached hereto and made a part of this Agreement. B. The Agency certifies that it is in compliance with all applicable Affirmative Action, Fair Labor, Health, Safety and Environmental Standards. The Agency will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and in accordance with Title VI of that Act no person in the United States shall on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any Federal program. The Agency will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d), prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatments of persons who are or should be benefiting from the program. The Agency will not discriminate with respect to any SCSEP participant because of race, creed, color, national origin, sex, age, political affiliation or beliefs. In accordance with Section 504 of the Rehabilitation Act of 1973 as amended, and regulations issued pursuant to said Act, the Agency will not discriminate on the basis of handicap in providing employment opportunities and services. C. The Agency certifies that it will not hire an individual with funds available under this Agreement if any other person is on layoff from the same or substantially equivalent job or the same or substantially equivalent position is vacant due to a hiring freeze. The Agency must inform the Department if one of these conditions exist. -4- D. The Agency certifies that each job created and funded under this Agreement will result in an increase in employment opportunities over those which would otherwise be available; will not result in the displacement of currently employed workers, including partial displacement such as reduction of hours of non-overtime work, wages, or employment benefits; and will not inpair existing contracts for services or result in the substitution of program funds for other funds in connection with work that would otherwise be performed. E. The Agency certifies that no employee hired under this Agreement shall be placed or remain on a job affected by a labor dispute involving a work stoppage. F. Employer certifies that he has obtained concurrence from all appropriate collective bargaining agents and unions with respect to job duties of persons employed under this Agreement. Said union concurrence shall be attached to the applicable position description and become a part of this Agreement. 15. INDEMNIFICATION The Agency agrees to indemnify, save and protect, and hold harmless the Federal Government, State of Minnesota, the County, the Department, their agents and employees from any and all claims or causes of action arising from the performance or non-performance of this Agreement by the Agency or its agents and employees, or as a result of all claims or causes of actions by any individual hired by the Agency pursuant to this Agreement or as a result of the employment or work performance or non-performance of work of any individual hired by the Agency pursuant to this Agreement with the exception of Worker's Compensation Benefits 16. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Agency as the agent, respresentative or employee of the County, through the DEPARTMENT, for any purpose or in any manner whatsoever. The Agency is to be and shall remain an independent contractor with respect to all services and liability performed under this Agreement and any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of AGENCY personnel or other persons while so engaged, (except for SCSEP participants), and may and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitations, claims of discrimination against the AGENCY, its officers, agents, contractors, or employees shall in no way be the responsibility of the COUNTY through the DEPARTMENT, AND the AGENCY shall defend, indemnify and hold the COUNTY, through the DEPARTMENT, its officers, agents and employees harmless from any and all such claims, irrespective of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the COUNTY, through the DEPARTMENT, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, worker's compensation, unemployment compensation, disability severance pay and P.E.R.A. -5- 17. NOTICES For the purposes of this agreement, notice to the County and Department shall be given to Jean Sinell, Scott County Human Services, Court House 300, Shakopee, Minnesota 55379-1375 and notice to the Agency shall be given to ` %yin v C' , - X 18. ASSIGNMENT Neither party to this agreement shall assign the Agreement, nor any interest arising therein, without the written consent of the others. 19. SERVICES NOT PROVIDED FOR No claim for services furnished by the Agency and not specifically provided for herein shall be honored by the County nor the Department. 20. SEVERABILITY Provisions of this Agreement are severable. If any paragragh, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. However, upon the occurrence of such an event, the County may terminate this Agreement forthwith upon the delivery of written notice of termination to the Agency and the Department. 21. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties hereto. AUTHORIZED,,DEPARTMENT SIGNATURE DATE AUTHORIZED AGENCY SIGNATURE DATE -6- U U U U V U � • w t W ¢ D. W I 1 { W In o M M M M Ou cu cu cu •- # I I I { LA In W N i Z %a I N WW(U;�tU�NR N WWODWWNN N- i NMN�NN� 1 �+. MV V'V' V'M M V'V'�- r' M M V' M V'R0 ;'77-1 '7 7-M M V' � `1 f 1' 1 1 1 1 1 1 a+ .o�NNMa•.-�.�. ) -N O' �O I N NNM N NR M WWW W W;NN 'N �- NMN NN V' Z; M i `V' V'V'V•M MVV- V" M M V M v R R 'V' M M V'r- I I i i 1 1 1 1� 1 1 1 1 i' 1 1 1 1 1 1 1 1 � 1 1 1 1 l 1 1' 1 t I 1 I F- o 'N o0oN.NNNN o. 00000000 0000 Z. 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Anderson, City Administrator FROM: Judith S. Cox, City Clerk -'. - i RE: Violations of the State Charitable Gambling Law DATE: October 16 , 1986 Introduction• On September 16 , 1986 Council directed staff to draft an ordinance which would allow the City to suspend or revoke a liquor license for violations of the Charitable Gambling Law. Background: 1. The following information was provided by the League of Minnesota Cities: a. MSA 340A. 410 Subd. 5 Gambling prohibited ( a) No retail establishment licensed to sell alcoholic beverages may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice or any gambling device as defined in section 349 . 30 , or permit gambling therein except as provided in this subdivision. b. MSA 340A. 415 License Revocation or Suspension. The authority issuing or approving any retail license or permit under this chapter shall either suspend for up to 60 days or revoke the license or permit or impose a civil fine not to exceed $2 , 000 for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, regulation, or ordinance relating to alcoholic beveage. No suspension or revocation takes effect until the license or permit holder has been afforded an opportunity for a hearing under chapter 14 . C. Copies of ordinances from Sauk Rapids, Cologne, Badger, New Hope, and St. Francis contain language which provide for the suspension or revocation of a liquor license for violations of state law or local ordinances regulating intoxicating liquor. d. Copy of ordinance from Pipestone which states that grounds for revocation or suspension shall also be 1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of beer, wine or liquor, 2 ) that the licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police. . . . (this language is in the Shakopee City code) . / 2. A number of communities were called to learn what ordinances they might have regarding violations of the Charitable Gambling Law. Four have no ordinance and are not experiencing any problems. Brooklyn Center is in the process of revoking the American Legion license, pending hearing, for violation of paying off on points in a poker video machine. Their ordinance is more restrictive than Shakopee ' s in that is permits only members of the organization to sell any type of gambling chances. The members may not do so while an employee of a licensed liquor or beer establishment, except if an employee of a special club liquor license. Brooklyn Center does not permit gambling on the licensed premises of a liquor or beer licensee. It appears that state law already prohibits liquor licensees from violating the Charitable Gambling Law. Some communities have included language in their City code, additionally. The City Attorney has prepared the attached Ordinance #208 which will include in our City Code an additional ground for revocation or suspension of their license relating to violations of the State Charitable Gambling Law. mr. Leroux has raised an additional question. If an organization, with a gambling license ceases to operate at a particular location, is there any control over whether or not a new gambling license is issued to the same location. Mr. Coller' s response is attached. Alternatives: 1. Adopt attached Ordinance which adds to the City Code that a violation of the State Charitable Gambling Law is grounds for suspension or revocation of a liquor, wine, or beer license. 2. Do not adopt Ordinance. Recommendation: Alternative No. 1. Offer Ordinance No. 208 , An Ordinance of the City of Shakopee, Minnesota, Amending the Shakopee City Code, Chapter 5 entitled "Liquor, Beer and Wine Licensing and Regulation" by Adding Additional Grounds for the Revocation or Suspension of a License as Herein Provided and by Adopting by Reference Shakopee City Code, Chapter 1 and Section 5. 99 , which among other things contain penalty provisions. , and move its adoption. JULIUS A. COLLIER, EL II JULIUS A.COLLER ATTORNEY AT Aw 612-445-1244 1859-1940 211 WEST FIRST AVENUE SHAHOPEE, MINNESOTA 55379 October 1, 1986 Memo to: John K. Anderson, City Administrator Judith S. Cox, City Clerk Members of the Shakopee City Council From: Julius A. Coller, II Re: A. Revoking the license for violation of State Charitable Gambling Law B. Authorization to request Gambling Board not to issue a new license BACKGROUND E At its meeting the other night the Council instructed me to draw the necessary enabling modification to the Shakopee City Code that would allow the Council to suspend or revoke a liquor license for violation of the Charitable Gambling Laws of the State of Minnesota. Pursuant thereto I have attached proposed Ordinance adding additonal provision to Section 5.02 Subd 4F which specifically grants that authority. As far as any special authorization by Ordinance or Code modification to request the State Gambling Board not to issue a new license where someone has pulled out of an existing operation until the City is provided with necessary information, I feel that the above gives you all the authorization you would need because in the event some existing operation was terminated the Council could have a hearing on whether a license should be suspended or revoked and the Gambling Board could be requested to withhold new license until after the investigation had been completed by the City Council. ACTION Adopt the Ordinance amending Section 5.02 Subd 4F. l z. ORDINANCE NO. 208 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending the Shakopee City Code, Chapter 5 entitled "Liquor, Beer and Wine Licensing and Regulation" by Adding Additional Grounds for the Revocation or Suspension of a License as Herein Provided and by Adopting by Reference Shakopee City Code, Chapter 1 and Section 5.99, which among other things contain penalty provisions. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION'-)l: New Provisions added to 5.02 Subd 4F That the following grounds for revocation or suspension be added to 5.02 Subd 4F, to-wit: (5) That the licensee violated the letter or spirit of the State Charitable Gambling Law. SECTION II: Adopted by Reference The General provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 5.99 entitled"Vio.lations a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III: When in force and effect After the adoption, 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. c Passed 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 ls.t day of October, 1986. City Attorney A MEMO TO: John K. Anderson, City Administrator -raator J FROM: Ken Ashfeld, City Engineer i SUBJECT: Street Cut Policy ; Resolution No. 2641 DATE: October 9 , 1986 INTRODUCTION: Attached is Resolution No . 2641 , establishing a policy for working within a roadway right-of-way of a recently constructed street. BACKGROUND: At their August 19 , 1986 meeting, City Council directed me to initiate a Five-Year No Street Cut Policy as per the attached minutes of the meeting. The policy will provide the capability to attach more stringent conditions on a permit when working on a new street. These special conditions could consist of requiring a performance bond, special construction practices, etc. at the discretion of the Council . The best method for staff to track this policy is by resolution such as Resolution No. 2641 . RECOMMENDATIONS: Adopt Resolution No. 2641 . REQUESTED ACTION: Offer Resolution No. 2641 , A Resolution Establishing a Policy for Working Within the Roadway Right-of-Way of a Recently Constructed Street and move its adoption. KA/pmp MEMO 61 _.u.,� _ } .0s s-ut =c lc=6v _ rro _{_ andatcry Serv; ce Replacement 'Policy was reviewed ICY the City 7nrineer statin; that the City of 7drneapolis has operated similar to Sha'.opee in that service conditions are analyzed prior to rep ceMe nt and e--:!ch property owner notified of service condition be-ond the street right-of-v:ay. Leroux/--' ampach moved to direct the City HnE-i neer to initiate a rive-Year NO Street Cut Permit Policy on new streets whereas ; 1'. Emergency repairs to existing utilities are - allowed, and; = - - - - 2. I:istallation of••new utilities will be' allowed only : by approval of City Council with special conditions to the permit. Roll Call := Ayes'*:- Unanimous Noes : hone Motion carried . . •_, : Leroux/Vierling moved to authorize the appropriate City Officials""*A to enter into agreement with Orr-Schelen-riayeron and Associates . for the Upper `Dalley- Basin Stormwater Management Plan for a cost not- to exceed X24, 000-.00:' Roll Call: Ayes : Unanimous P;oes : Prone -- Motion carried. _ Leroux/Vierling moved to direct staff to advertise for rubberized � • crossing materials for. railroad crossings at Spencer, Sommerville, -;w- Lewis,- Holmes, Fuller, and Atwood Streets ; bids to be- opened at 10:00 a.m. , September 9, 1986. Biotion. carried .unanimously. 11ampach/Vierling moved to direct- staff to verify an installation w.. _ agreement with. Chica&o• Northwestern Railroad. for .the installation -- -- _ of Rubberized material. and establish a schedule for i ns�allatien at Spencer, Sommerville, Lewis, olmes, Fuller, and z twood S greets to be reviewed by the. City Council in conjunction with review of rubber .material bids. Motion carr4 ed " unani unanimously. Vierling/Leroux moved to direct staff 4- :: . . r f ro Bursa,. the undercbrounding Of signal communication wiring along the C?`;R tracks between Spencer and Atwood Streets and report back to City Council. motion carr' unanimously. i:ero ux/Vierlingmoved to •approve Change Order No. l. to the supplemental con�ract- in the amount of $l ,5+0.00 for. Project 1986-7, 2nd Avenue Parking Lot- Landscaping. : ' Roll Call: Ayes :_ Unanimous , P''oes : _ Prone _ -. Motion carried. 'U RESOLUTION NO. 2641 A Resolution Establishing a Policy for Working Within the Roadway Right-of-Way of a Recently Constructed Street WHEREAS, it is in the best interest of the City of Shakopee to maintain the condition and preserve the investment in public works facilities and ; WHEREAS, it is desired to control work within the right-of- way of recently constructed streets by special conditions of approval . NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: Work within the right-of-way of a street within a five year period after street surfacing construction will be controlled as follows : 1 . Emergency repairs to existing utilities are allowed by a street cut permit as governed by Section 7 . 07 of the City Code. 2. Installation of new utilities will only be allowed upon approval of the City Council with special conditions to the permit. Adopted in session of the City Council of the Ciity of Shakopee, Minnesota, held this day of- , Mayor or the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 19 City Attorney