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HomeMy WebLinkAbout11/04/1986 MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator Re: Non-Agenda Informational Items DATE: October 31, 1986 1. Jim Karkanen has reviewed his memorandum and stated that it was a 1976 Model that the City purchased and that the 1970 date was a typo. 2 . Bryan Huber an attorney with Krass and Monroe, was serving as the Cheever ' s attorney on the 13th Avenue Right-of-Way issue. Now that it is apparent that there will be a contest between the City and the Cheever ' s, Bryan has consulted with the principals of his firm and will not represent the Cheever' s or the City. Currently Jack Coller is assisting staff in this matter. 3 . Attached is a memorandum from Gregg Voxland regarding levied assessments and deliquent utility bills. 4. Attached is a letter from Eldon sent to Mr. Gerald D. Johnson. Mr. Johnson has included a nice thank you on the bottom of the letter. 5. Attached is a letter from Dick Dugan, Pastor of the Riverside Community Church regarding their literature distribution project. 6 . Attached is a copy of a letter from Judy Cox to Craig and Mary Olson regarding their assessment in Timber Trails. 7 . Attached is a letter from Dan Jobe, Scott County Highway Department, regarding the installation of street lights at CSAR 16 and CR 83 . 8 . Attached is a memo from Judy Cox regarding parking permits in the downtown area. 9 . Attached is a copy of the Police Department' s policy regarding towing of vehicles. Tom Brownell has reviewed the policy with Jerry Wampach who initially expressed concern about our policy. The specific incident was handled satisfactorily, and we will continue to use this policy. The key sections are Section 421. 01, 421. 02 , and 421. 05. 10 . Attached is a letter from Barry Stock regarding United Cable' s Line Extension policy and a letter from Steve M. Stolen, System Manager, responding to Barry' s question. 11. Attached is a memo from Barry Stock regarding Shakopee Public Access Corporation policies. 12. Attached is a memo from Don Slater from the League of Minnesota Cities explaining that the League has dropped its Infrastructure Financing Program. 13 . Attached is a letter from Senator Dave Durenberger responding to our letter concerning the Clean Water Act. 14 . Attached is a letter from representative Bill Frenzel responding to our concerns about the Tax Reform Act of 1986 and its affect on municipal bonding. 15 . Attached is a copy of an article in the "Nations City Weekly" of October 20, 1986 regarding local governments rating compared to State and Federal government. 16. Attached is the November, 1986 Council calendar. 17 . Attached are the minutes of the 10-23-86 meeting of the Energy and Transportation Committee. 18. Attached are the minutes of the Downtown Ad Hoc Committee Meeting of 10-8-86 . 19 . Attached are the minutes of the Cable Communications Advisory Commission meeting of 9-29-86 . 20 . Attached is the Agenda for the Board of Adjustment and Appeals meeting for 11-6-86 . 21. Attached is the Agenda for the Planning Commission meeting for 11-6-86. 22 . Attached are the minutes of the Board of Adjustments and Appeals meeting of 10-9-86. 23 . Attached are the minutes of the Planning Commission Meeting of 10-9-86. 24. Attached is the Engineering Monthly Report for the Month of October, 1986. Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Levied Assessments and Delinquent Utility Bills (Informational ) Date: October 23, 1986 There are two tax forfeited parcels that have delinquent storm drainage utility bills certified against them. Since the State holds title and doesn 't make any payments for these parcels, I have authorized the County Auditor to remove them from the roll and we have placed them in deferred status here at City Hall . Similarly, there are four parcels in Timbers Trails that are forfeit and I have authorized the Auditor to remove them from the roll and to add to the sale price in accordance with M.S. 282.01 Sub. 3. If Council has concerns or questions regarding this please let me know. GV:mmr CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 +SFR July 8 , 1986 a<. OCT ' 1196 Mr. Gerald D. Johnson 4041 Quantico Plymouth, MN 55446 CITY OF SHAKOPEE Dear Mr. Johnson: Congratulations! You are one of the winners of the drawing by the City of Shakopee at Taste of Minnesota on July 5th. You have won a complimentary room at the Shakopee Super 8 Motel as well as two tickets to each of the following attractions: Valleyfair, Murphy' s Landing, Renaissance Festival, Little Six Bingo Palace and Canterbury Downs. I hope you will enjoy your stay in Shakopee and that you will share your good impressions of our fine community with your relatives and friends. Sincerely, ` L� 6/,/-, /��7��`9s Eldon A. Reinke Mayor City of Shakopee EAR/jms enclosure I D — 19-1a 6 1 C -- The Heart of Progress Valley — AN EQUAL OPPORTUNITY EMPLOYER Jon Dunwell / Riverside Community Church 1221 E. 4th Ave. Suite 135 Shakopee, MN. 55379 October 17, 1986 Judy Cox City of Shakopee 129 l Ave. E Shakopee, Mn. 55379 Dear Mrs. Cox, I had phoned you about our intention to do a literature distribution in Shakopee. I am now enclosing a copy of a letter that we have written to the Mayor, the City Council and the Chief of Police. If there is anyone else that we should contact or if there are some other things that we should be aware of, please let me know. Again we appreciate the opportunity to work with the city government on this project. inc el , dVIN J n Dunwell Riverside Community Church 445-1673 Rc k r� � T 2 / 21986 rY OF SNq Opi8 Rev. Richard Dugan Riverside Community Church 1221 E. 4th Ave. Suite 135 Shakopee, MN. 55379 October 17, 1986 Mayor Eldon Reinke & City Council City of Shakopee 129 1 Ave. E Shakopee, MN. 55379 Dear Mayor Reinke & City Council, Riverside Community Church, which is presently meeting in the basement of the 1st National Bank of Shakopee and has offices at 1221 E. 4th Ave, currently has 60 members. In our desire to better serve the spiritual needs of Shakopee, we are always interested in exposing unchurched and new residents to opportunities Riverside Community Church offers. We are planning a 4,000 literature distribution project to all the homes in Shakopee on the Saturday morning of November 8th. Other churches in the metro area have done this type of project and it has proven to be an enjoyable and exciting experience for all those who were involved. About 25 teams of people will be distributing pre-packaged packets to doors of homes. Each packet will contain a brochure on the church, a handy notepad, and an invitation to a special event that Riverside Community Church will be holding. We have been in touch with Judy Cox in the licensing section of your city, and I think we are clear on procedures. We will place no literature on homes that say no solicitation," nothing will be put in U.S. mail boxes, there will be no loose pages to be caught by the wind, and apartment buildings with security entrances will be excluded. We just want you to be aware of the project. Please give me a call if you have any concerns or if there is further information we should know. we appreciate the opportunity to have contact with your city government, and appreciate you as good neighbors. Sincerely, Dick Dugan Pastor 445-1673 445-0175 CITY OF SHAKOPEE INCORPORATED 1870 i 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 •1 c October 235 1986 Craig and Mary Olson 1400 Blue Heron Trail Shakopee MN 55379 Re: Special Assessments for Timber Trails Rehibilitation Project. Dear Craig and Mary, Welcome to the City of Shakopee. I hope that you will like living in our community. I am sorry that I can not accept your partial payment of $100. It had to be received by October 10th which was the date the City had to certify all special assessments to the county auditor. The special assessments, plus interest, will now become due along with real estate taxes in May and October during the following ten -years ; or the remaining balance at city hall may be paid at anytime. Special assessments must be appealed at the special assessment hearing. Your appeal should have been submitted to the City Council on September 23, 1986 when the Timber Trails assessment hearing was held. It is too late to file an appeal . It is the city' s policy to assess all lots equally within a subdivision for construction of the streets . Size of lots and their proximity to the main thoroughfare is not a factor. This has been a policy for sometime and the City Council is not desirous of chang- ing it at this time. Thank you for your letter raising your concerns . I am sorry . that your assessment can not be reduced, given the current city policy. Respectfully bJ di h S. Cox C' ty Clerk Encl: $100 check cc: City Council JSC/pss The Heart of Progress Valley AN EOUAL OPPOrTUNITY EMPLOYER � b 00 October 21 , 1986 Judith S. Cox, City Clerk City of Shakopee 129 East First avenue Shakopee , MN 55379 Gear Ms Cox , Enclosed herewith is a check for $100 for partial payment of assessment for street rehabilitation in the Timber Trails area south of Shakopee off Co. fid. 17. My wife and I are the new owners of Lot 1 Block 3 Timber Trails, Parcel I .G. # 27-061-018-0. We Mould like to appeal the amount of the assessment on two grounds. It is our understanding that the total cost of rehabilitation , less contributions from other sources, is being evenly divided among the homeowners of the Timber Trails development . This seems entirely inconsistent with principals of assessment and taxation which otherwise deal differentially with taxpayers on the basis of amount of useage (gasoline tax, sales tax, sewer and water , etc .) or the amount of wealth or ability to pay ( income tax, property tax , etc .) . An assessment based on equal division of the cost of repairs may seem equitable on a superficial level , but is not realistic . The home in which m;• wife and I reside is one of the smallest , least expensive homes in the development . Our property taxes are lower than those paid by most of the other homeowners here for a good reason. We have less property wealth, and, I presume, less ability to pay. Furthermore , it is located just 100 f t . off of Highway 17. We use only 100 f t . of the several thousand feet of roadway that are being upgraded, less than any other homeowner in the development , and the portion of the road that we do use is used by nearly all of the other homeoviners. We are not proposing that some formula for amount of use be derived and that assessments be based, for example , on the distance that the homeowner lives from Highway 17. We simply feel that the • 649.66 assessment , at $6.50 for every foot of roadway that we use , is excessive , and we would respectfully request that the city review and reduce the amount of assessment . S'ncerel;�, r.a i=" and 'Aary Olson 1400i Heron Trail t"^ I f; i" NOTICE OF ASSESSMENTS CITY OF SHAKOPEE 129 EAST FIRST AVENUE SHAKOPEE, MN. 55379 Assessments were levied against your property covering improvements constructed in the calendar year 1986 all such assessments being levied pursuant to law. NAME: ADDRESS: CITY/STATE: ZIP PROPERTY DESCRIPTION PARCEL I.D.# 1. CURB, GUTTER AND BITUMINOUS 2. SANITARY SEWER 3. WATERMAIN 4. STORM SEWER - TRUNK 5. STORM SEWER - LATERAL 6. SHADE TREE DISEASE CONTROL 7. STREET REHABILITATION $649.6 TOTAL ASSESSMENT $649.66 The above assessments may be paid at the City Hall on, or before 10/23/86 without interest. A partial payment may also be made prior to 10/10/86 without interest. Such partial payment shall be a minimum amount of $100.00. Assessments not paid by October 23, 1986 will be payable in equal principal annual installments extending over a period of ten (10) years and will be subject to interest at the rate of 8.50 percent per annum. Each year, all annual installments plus interest will be certified to the County Auditor for collection along with real estate taxes. No annual installments will be accepted at City hall. However, the total remaining balance may be paid at any time at the City Hall. Any property owner wishing to appeal an assessment must file a written objection, signed by the affected property owner with the City Clerk prior to the assessment hearing or present a written objection to the presiding officer at the Public Hearing. Any owner may appeal his assessment to the district court pursuant to Minnesota SCOTT COJNTY '� HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)937-6346 BRADLEY J.LARSON Highway Engineer October 22, 1986 DANIEL M.JOBE Asst.Highway Engineer Mr. Ron Jabs Minnesota Valley Electric Co-op 20425 Johnson Memorial Drive Jordan, My 55352 Re: CSAH 16 & CR 83 Street Light Dear Sir: At the request of the City of Shakopee, Scott County has conducted a study to determine if a street light at the above referenced intersection is warranted. Scott County has completed this study and has determined that the warrants for a street light are met at this intersection . Therefore , Scott County is authorizing Minnesota Valley Electric Co-op to install a street light at this location. Scott County will be responsible for the installation cost and the City of Shakopee will be responsible for the maintenance and operation expense after installation (see attached agreement) . Your consideration for the prompt installation of this street light would be appreciated considering the traffic volumes on these roadways . The street light shall be similar to those placed along other Scott County highways in the City of Shakopee and, if possible, shall be placed on an existing pole. If this is not possible, please contact me. If you have any questions or would like any further information, please contact this office. n Sincerely, O CZr� N M Daniel M. Sobe, P.E . Assistant Highway EngineerLo In CD DMJ/miv Enc . +n cc: City of Shakopee An Equal Opportunity Employer MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Parking Permits in Downtown Area DATE: October 29, 1986 Introduction: With the adoption of the recent municipal parking lot plan, parking for residents of the Laurent Building apartments has been eliminated. Background: The current city policy for use of municipal parking lots allows apartment dwellers above businesses in the downtown area to obtain a permit to use the municipal parking lots--for longer than the lim- ited hours posted. That privilege is not for new apartments , construc- ted since the 1967 parking lots were constructed. Only two apart- ments have been built since that time, the Laurent building and Bram- billa ' s building. When they were built, the then current parking plan would accommodate their residents . There are no downtown off- street parking requirements for second story apartments in the zoning ordinance. Parking South of Laurent ' s building limited parking between 8:00 A.M. and 6 :00 P.M. , so residents could park over night. The parking lot North of the Brambilla did, and still does , permit 24 hour parking. With the new downtown parking plan, parking is limited to 2 hours and 8 hours in the municipal parking lot South of the Laurent building. This does not permit overnight parking for the two new apartments in the Laurent building. Alternatives : 1) Amend current resolution regulating parking permits to include new construction. 2) Status quo, new apartment construction must deal with their own off street parking, but said off street parking is not required within the city code. 3) Amend the city code to address off street parking for apartments. 4) Issue temporary parking permits for the two apartments in the Laurent building, until after the downtown redevelopment project is underway and the downtown parking problem can be better examined. Recommendation: Barry Stock and I recommend alternative 4, issue temporary parking permits to residents in the Laurent building until such time that the downtown project is underway or the city determines not to pro- cede with the downtown revitalization project. If Council has no objection, we would like to handle this on an administrative level and not make any formal resolution/ordinance changes at this time. JSC/pss SHAKOPEE POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL POLICY NO: DATE OF ISSUE: EFFECTIVE DATE: RESCINDS: 421 .00 TITLE: DISTRIBUTION: PAGE OF PAGES: TOWING OF VEHICLES BY ALL PERSONNEL 1 4 POLICE ACTION PURPOSE• To standardize procedures concerning protective custody of towed vehicles, property removed from police ordered tows, and recovered property which is to be placed in the property and evidence storage room. 421 .01 VEHICLES THAT SHALL BE TOWED• Vehicles that shall be towed by police order are as follows : a) Vehicles held as evidence in felony or criminal negligence cases . b) Vehicles used in the commission of a felony or in connection with a felony arrest . c) Vehicles driven by a person arrested for DWI , DAR, or DAS. d) Vehicles involving cases whereby the driver is arrested while driving or operating his vehicle and is to be booked and lodged in jail . e) Misdemeanor arrests involving the arrested person while in his vehicle ( i . e . possession of alcohol by a juvenile, drinking in the vehicle) . f) Vehicles that are impeding fire fighting equip- ment. g) Vehicles that are being operated with suspended plates/flagged "no insurance" are unregistered vehicles. Vehicles are to be towed and plates are to be sent to the Transportation Dept. (See Minnesota State Statute 168 .36) Except in circumstances involving section a , b 1 J; L SHAKOPEE POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL POLICY NO: TITLE: PAGE OF PAGES: 421 .00 TOWING OF VEHICLES BY 2 4 POLICE ACTION ( CONT' D) 421 .01 VEHICLES THAT SHALL BE TOWED: ( CONT' D) & g above, nothing in this section shall preclude the officer from releasing the vehicle to a responsibile person at the scene if the defendant/owner wants and authorizes the person to take the vehicle . In this case , a notation shall be made on the police report concerning the disposition fo the vehicle . 421 .02 VEHICLES THAT MAY BE TOWED: 1 ) Vehicles that are obviously disabled in the traffic lane may be towed if they cannot be removed from the roadway in any other manner ( i . e . vehicles involved in accidents , vehicles with mechanical problems) . a) It is not necessary to tag a vehicle in the above circumstances . It may be towed pursuant to Minnesota State Statute 169 . 33 and the reason for impounding would be marked on the tow sheet as "Ob- structing Traffic" . 2) Vehicles that are tagged under Shakopee City Code, Chapter 9 , may be towed , but this towing will be done only under extenuating circumstances, with the approval of a supervisor . 421 .03 VEHICLES THAT SHALL NOT BE TOWED: Vehicles that shall not be towed include : a) A vehicle where the owner or driver was not using the vehicle to commit a crime or was not seen in the vehicle at the time of the offense or was not in the vehicle at the time of arrest. b) A vehicle which an out-of-state driver was driving and is being taken to post bail , unless there are extenuating circumstances . ( Have driver follow squad to the Sheriff ' s Office to post bail) 2 SHAKOPEE POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL POLICY NO: TITLE: PAGE OF PAGES : 421 .00 TOWING OF VEHICLES BY 3 4 POLICE ACTION ( CONT' D) 421 .05 TYPES OF TOWS - POLICE OR PRIVATE: 1 ) Police Tows - If it becomes necessary to tow a vehicle because of circumstances in Section 421 . 01 & 421 . 02 the towing company that has the City towing contract shall be used. 2) Private Tows - In all other circumstances the officers may give the dispatcher the telephone number of the private tow that the vehicle driver/owner wants called , if that person hlig-; no other way of calling , and the dispatcher shall call when he/she has time . 3) If the driver of the vehicle to be towed has no preference as to what towing service to call , the towing company that has the City towing contract shall be used . 421 .06 TOW SHEETS AND INVENTORY: 1 ) Tow sheet and inventories will be made of all vehicles towed by a police ordered action and will include : a) All information on the tow sheet will be filled in completely . b) All property of oovious value within the vehicles interior and/or trunk shall be inventoried. c) All property that is removable and is valued at over $100 per item will be removed by the officer and stored in a safe place . 1 ) It it is impossible or imprac- tical to follow the procedure in the above section , due to size , W__ fight , Ptc , f the officer responsible for inventory will note under "remarks" on the tow sheet what disposition was made of the property and what was done to ensure its safety and protec- tion. 3 �1 SHAKOPEE POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL POLICY NO: TITLE: PAGE OF PAGES: 421 .00 TOWING OF VEHICLES BY 4 4 POLICE ACTION ( CONT' D) 421 .06 TOW SHEETS AND INVENTORY• (CONT' D) 1 ) d) All tow sheets will be turned in before going off duty/shift . e) All towed vehicle reports will have the owner ' s and driver ' s names and addresses listed on the lines provided unless the vehicle was parked and unattended , in which case the word "parked " shall be entered for the driver' s name . 2) A police hold may be placed on a towed vehicle as follows : a) If the vehicle is evidence of a crime , b) If the vehicle was used in the commission of a crime. c) If ownership of the vehicle cannot be determined . If a police hold is placed on a vehicle the officer responsibile for ordering the vehicle held shall notify a supervisor or investigator as soon as possible specifying the reason for the hold. 3) Release of a hold on a towed vehicle must be made by a supervisor or investigator . 4) No hold will be placed on a vehicle towed that is not currently registered or flagged "no insur- ance " . These vehicles can legally be towed to a place of storage by the owner . 4 CITY OF SHAKOPEE INCORPORATED 1570 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 i October 28 , 1986 Mr. Steve Stolen United Cable Television 137 East First Ave. Shakopee, MN 55379 Dear Mr. Stolen: On October 21, 1986 the Shakopee City Council requested my office to investigate the Cable Company' s policy on line extensions to new subdivisions. In my review of the Cable Franchise Ordinance, I discovered that your company is required to construct line extensions within the four initial district zones and the core district whenever and wherever a forty home per mile density is achieved, irrespective of the number of homes actually electing the installation of cable service. ( Section 7. 02) . In my opinion, the aforementioned language is vague in terms of the density requirement. In a review of several cable systems in the Metro area, I have discovered that the norm for line extensions is based on the linear mile of cable laid. Therefore, I shall interpret the forty home per mile density requirement to mean forty homes per linear mile of cable laid and not forty homes per square mile. I would appreciate a response from you in terms of the following: 1. What is United' s policy and interpretation of Section 7. 02 of the Cable Franchise Ordinance? 2. What is United' s plan for line extensions in 1987? 3 . When will Hauer' s 3rd Addition be wired for cable? Will the cable be buried or run overhead? 4. In terms of future line extensions, does United intend on using overhead or buried cable? The Heart of Progress Valley A timely response from your office in regard to these issues would be greatly appreciated. If you have any questions, please feel free to call me at 445-3650 . Sincerely, Barr I A.- Stock Ad,-ninistrative Assistant =TED CABLE TELEVISION OF CARVER/SCOTT COUNTY October 30, 1986 *.•.r. Barry Stock City of Shakopee 129 Last First Ave. Shakopee, MN 55379 Dear Mr. Stock, In response to your letter dated October 28, 1986 con- cerning Uniteds Interpretation of (Section 7:02) and future line extension. 1. Concerning the forty homes per mile density. Uniteds policy and interpretation is forty homes per linear mile of cable plant. 2. We will begin preliminary engineering work for all projects in late 1986 that will meet or exceed the above mention policy, (forty homes per linear mile of cable plant). 3. If the Hauer's Third Addition meets the necessary criteria, construction will begin summer of 1987. 4. Finally, in respect of overhead or underground con- struction of future line extension. Our policy is to follow suit with other utilities that may exist, be it overhead or underground. Hauer's Third Addition would fall under this policy. If you have any questions or comments, please feel free to call me at 445-6151. Sincerely, /J;7,2 /')A Steven b.. Stolen System Manager 137 East 1st Avenue a ShakoQee. Minnesota 55379 # (512) 445-6151 MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Shakopee Public Access Policies ( Informational) DATE: October 30, 1986 Introduction• On September 16 , 1986 the Shakopee City Council moved to table the approval of the Shakopee Access Corporations By-Law Amendments. This issue was tabled pending further investigation of the character generator advertising policy practiced by the Shakopee Cable Communications Advisory Commission. Background: On April 1, 1986 a public access studio staffing plan was presented to City Council for their review and approval. At that time, City Council had an opportunity to review the two proposals for staffing the public access studio. The proposal that was submitted by New Frontier Productions included the right to generate revenues from character generated advertising. Consequently, this language was incorporated in to the contract agreement that was established between the Shakopee Access Corporation and New Frontier Productions. The contract agreement also stated that any revenues derived from character generated advertising would be split evenly between the Shakopee Access Corporation and New Frontier Productions. On September 29, 1986 the Shakopee Cable Communications Advisory Committee met to discuss the Access Corporations Public Access Policies. (See attachment #1) The committee unanimously agreed that they were aware of the use of advertising on the public access channel and its inclusion in the subsequent contract. Given this fact, they felt that it was well within New Frontiers and the Access Corporations authority to advertise on the public access channel. However, the committee felt that a legal opinion from the Federal Communications Commission (FCC) would be appropriate to ensure the legality of this issue. The committee then moved to inform City Council that the public access character generator policy as submitted by the Shakopee Public Access Corporation was acceptable contingent upon the receipt of a letter from the FCC verifying the legality of advertising on the public access channel. Since the cable meeting on September 29 , staff has received a letter from the FCC verifying the right of franchising authorities to advertise on the public access channel. (See attachment #2) I should also point out at this time that there is nothing in the cable franchise ordinance that precludes a City' s right to advertise on the public access channel. Additionally, it was the consensus of the Cable Commission that when the existing contract between New Frontier and the Access Corporation expires on April 15 , 1987 this issue should be reevaluated. No action is necessary on the part of City Council in regard to the policies of the Public Access Corporation. These Access Corporation By-Laws specifically authorize the Access Corporation to create policies as they may relate to the on-going operation of the Corporation. Attachment #1 Policy Number One Adopted: August 7 , 1986 Effective: PUBLIC ACCESS STUDIO HOURS The Shakopee Public Access Studio shall be open to the public during the following hours: Monday thru Friday - 3 : 00 p.m. to 8 : 30 p.m. Saturday - 11: 00 a.m. to 4: 00 p.m. Any deviation in these established hours must receive prior approval from the Corporation President. Additional hours shall be made available by the contractor upon receipt of a 24 hour advanced notice from the public. These additions do not require the Shakopee Access Corporation prior approval. Policy Number Two Adopted: August 7, 1986 Effective: LEASING PUBLIC ACCESS EQUIPMENT No equipment shall be available for lease during studio hours without prior approval from the Access Corporation President. During studio hours a minimum of two studio cameras shall be in the studio and in operating condition. Policy Number Three Adopted: August 7 , 1986 Effective: CONTRACTORS USE OF STUDIO AND EQUIPMENT The Contractor shall have free access to all studio equipment during non-studio office hours with the exception of equipment that has been previously reserved by the public. Policy Number Four Adopted: August 7, 1986 Effective: TAPE DUBBING All revenues derived from tape dubbing shall be placed into a separate fund established by the Access Corporation. On the first of each month any revenues accumulated in said fund shall be split on a 60% - 40% basis between the Access Corporation and the Contractor. Policy Number Five Adopted: August 7, 1986 Effective: FREE PRODUCTION DUBBING One free dub shall be given to the producer of a show made with public access equipment for the public access channel broadcasting. Tape for said dub to be provided by said producer. Policy Number Six Adopted: August 7, 1986 Effective: LONG DISTANCE PHONE CALLS Any long distance phone calls made for public access purposes will be paid for by the Public Access Corporation. Any calls in question will be paid for by the Contractor. Policy Number Seven Adopted: August 7, 1986 Effective: INSTITUTIONAL USER Institutional Users as defined in the Shakopee Cable Franchise Agreement shall have access to the Public ticcess Equipment and Studio pursuant to the rules established for all other public access users. Policy Number Eight Adopted: Effective: EQUIPMENT FEE SCHEDULE The Shakopee Public Access Studio and its equipment shall be available for lease to the public so long as said equipment and studio has not been previously reserved by the public for public access use. In those cases where the leasing of equipment shall be allowed the following fee schedule shall be adhered too. Any deviations from the fee schedule must receive approval from the Shakopee Access Corporation. Policy Number Nine Adopted: Effective: Non-Shakopee Residents Use of Studio Equipment Potential public access users living outside of the Shakopee City Limits shall be allowed to use the Shakopee Public Access Studio and its equipment so long as their use does not interfere with the public access needs of the residents of Shakopee. Additionally, said use shall only be permitted pursuant to the policies and rules established for all other public access users. Policy Number Ten Adopted: Effective : ALPHA-NUMERIC ADVERTISING Alpha-numeric advertising shall be allowed on the public access channel during those times when regular cable programming is not being brodcast . Community announcements space will be available free of charge to all non-profit organizations in the community. Others wishing to use the public access channel for advertising will be charged the following rates : 1 day $2. 50/day 2-3 days $2. 25/day 7-14 days $2.00/day More than 14 days $1. 75/day All rate changes must receive prior approval from the Shakopee Access Corporation Board of Directors . Revenue derived from the sale of public access advertising will be split equally between the contractor and the Public Access Corporation. At no time shall the amount- of pages generated for advertising exceed the number of pages designed for community announcements . Attachment #2 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON. D.C. 20554 V. IN REPLY REFER TO: 8310-TD OCT 2 91986 C9-569 Mr. Barry A. Stock CIT! L)F Administrative Aide - City of Shakopee, MN 129 East First Avenue Shakopee, MN 55379-1376 Dear Mr. Stock: This is in response to your recent request for an opinion on the legality of placing commercial advertisements on the city of Shakopee's public access cable television channel. No federal statute or Commission regulation precludes the placement of commercial material on public access channels. If the proposal is consistent with the franchise agreement, franchising authorities may use advertising as a means of raising revenue to support access channels. I trust that the foregoing is helpful S inc erely, tEyt'he wise, Chief Complaints and Investigations Branch Enforcement Division Mass Media Bureau 16 L IIII league of minnesota cities ' October 24, 1986 f `+ TO: Mayors, Managers and Clerks FROM: Donald A. Slater, Executive Director RE: Minnesota Cities Infrastructure Financing Program During the past year the League worked hard to develop an infrastructure bond pool for cities in Minnesota . We were unsuccessful in establishing the pool primarily due to the Federal government changing the rules under which we were attempting to structure the pool. We first started exploring the possibility of creating an infrastructure pool in late 1985. At the 1986 legislature, we sought and secured passage of legislation which enabled all cities in Minnesota, not just those over 10 ,000 population, to be eligible for participation in the pool . We then attempted to structure the pool in such a manner as to provide the maximum amount of control, security and flexibility for individual cities . In mid-July in the midst of our work on the pool, a joint statement issued by the chairman of the House Ways and Means committee, the chairman of the Senate Finance Committee and the Secretary of the Treasury Department pertaining to the permissable structure of bond pools. The joint statement forced us to significantly restructure the proposed pool. We informed cities that had expressed an interest in the LMC infrastructure Bond Pool that our financial consultants and bond counsel were attempting to restructure the proposed pool to bring it into complance with the joint statement. Attempts to restructure the program were unsuccessful due in large part to the contents of the proposed Tax Reform Act passed out of the tax conference committee on August 15 , 1986 , which again changed the effective dates of tax code amendments. The new tax law, signed into law yesterday by President Reagan, contains a number of restrictions that kept the pool from being attractive from either an interest rate or a tax increment financing perspective . In short, the bonding provisions of the Tax Reform Act prevent us from establishing an infrastructure pool that would be of any significant advantage to cities, under the concept which we were pursuing. 1 83 university avenue east, st. paul, minnesota 551 01 C61 21 227-5800 We are extremely disappointed at not being able to create the pool , especially in light of the tremendous interest shown in the program by our member cities. We had interest in excess of $900 ,000,000 . from over 120 cities . Additionally, many cities took special efforts in responding to our, often demanding, letters and telephone calls. We greatly appreciate the effort put in by everyone involved in the project and it is indeed unfortunate that the program was not able to be implemented. We sincerely thank you for your cooperation in responding to our letters and phone calls this summer . Your enthusiastic response and cooperation made our efforts a rewarding experience . We are continuing to study the new Federal Tax Reform Act to determine whether the _new 1aw_ presents any opportunities for Minnesota cities to save money in the financing of public improvements .-- -- will keep you informed. DAVE DURENBERGER VINNESOTA nif eb .-►f afes; WASHINGTON, D.C. 20510 --- October 21, 1986 RECEIVED John K. Anderson OCT 2 3 1986 City Administrator City of Shakopee CITY OI= '-AKOPEE 129 East First Avenue Shakopee , Minnesota 55379 Dear John : i appreciated your contacting me in support of a compromise language to the storm water permit requirements contained in the Clean Water Act . I am pleased to let you know that the Conference Committee has reached an agreement on the reauthorization of the Clean Water Act and have sent it to the President for signature . This agreement included compromise language on the storm water permit requirements contained in both the House and Senate versions . Under current law individual permits would be suspended until after October 1 , 1992 . EPA is required to develop regulations to control nonpoint pollution from storm water outfalls for cities of greater than 250 , 000 in population 2 years after the date of enactment. These cities are to apply for permits 3 years after the date of enactment and EPA is required to issue permits 4 years after the date of enactment . After that date EPA is to turn its attention to developing permit requirements for cities of 100 , 000 to 250 ,000 in population. I believe this is a reasonable approach to controlling storm water discharges. Thanks again for taking the time to share your views with me on this important subject. Please keep in touch. incerely, DAve. Durenberger United States Senator DD/jle BILL FRENZEL /G/f/ MINNESOTA OFFICE: THIRD DISTRICT,MINNESOTA �/ ROOM 445 8120 PENN AVENUE SOUTH WASHINGTON OFFICE: BLOOMINGTON,MN 55431-1326 1026 LONGWORTH BUILDING }� Q�Q� }� Q� 612-881-4600 202-225-2871 tlCongre;� of the aniteb otatt2; 30ouoe of Aeprcoentatibeo -, Unbington, MC 20515-2303 October 10, 1986 " 00 ,Z o19�6 .Mr. John K. Anderson City Administrator Gl.�� O City of Shakopee 129 East First Ave. Shakopee, MN 55379-1376 Dear Mr. Anderson: I want to thank you for your input during consideration of the Tax Reform Act of 1986 . It was a long and tiring process and your input was greatly appreciated. The bond provisions will place some restrictions on how you operate your government. As you know, the bond provisions contained in the tax bill were neither in the House or Senate bills. The Conference Committee - which was basically run by the Chairmen of the two Tax Writing Committees - virtually hammered it out alone. At this point there is no chance of changing what the bill contains. We will have an idea of opportunities as we begin our next Congress and the bill has been enacted for some time. I did not support the bill. My primary reason was that I was very disturbed with the impact it would have on economic growth and development. Your continued counsel is greatly appreciated. Please keep me informed on the City of Shakopee' s concerns regarding the tax bill and any other matter you consider appropriate. Yours very 'truly, Bill Frenzel Member of Congress BF:db THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS im arammoo r o .., O n eo S G. O H r cBmo ' oc.SOawro .w r 3 0 :3 oq M C to �_• ri o N y' `< X 0 aq et m CL .:yW C Oo R. CD :.� (n p C O CCD < O O A rIAD CD r•e �'' N � t9 rD QQ O m �O Q ro m C. 1 p - N`� T 'Al 7 N- ." < ..j � �•r � � '�. C 2 CO CD r^a tD - ry N Grp ^C fo O .•i fD rD .tl1' ►� C.1. �O• O `Q N tplf rn. ri V O C.� O C G O - n o o X. G. ti rD-0 aFr CD -. II 0 to C ID y `G G n0 y 0 X O O rD ro CD pri O x cm ZG U XOoa (Dx �.(n' oa' cm K oCDy a 1111111 •-N ^ - 0 N 'Q o.QO O___.•� y ,� 0 0 o a X Z io <�, ° o io o �_ io 00 =; c �, rD o a+ x 3 D •v rxo cn < O () `� n o ' �' _ , n o p n `CS C ? O. vii rnD :; rD G O ^ �► O ? 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("� _ 7 _• =' U 2�< ". ^ ^•QO 7 O n. •+ 7 n f]. _ rp rD "D -r•'i O -3S n OO O �' - rO-Q O rD m V - G _ 3 � '< ? cry ' < °' o '' � ;° c = - `D o L7 d K O W co t7l U) .. P. (D O •• rt � wN• C7' 0( (DD C ONt-j N• F' O (D J r. N t i rt LA) Uri K O ro oo 0 .. p Fl-rt O rt �3 (D C:) N Co H J 0 d � O �:$ co F . rt rzJ co Ln rt E d rn w (D �l t�- O (D ro N F✓ ` In K ON N C) Jiro � zLo u°, w� t� (D Fin - H P-LQ � aH z N � 0 � K O w O r 1-3 U) r �C N tx] F-1 d d r� K 00 F� G7 14 ~ co ./ N N contract be extended to the full three year term to help them recoup their additional vehicle investment cost. Commissioner Schmidt questioned whether the third year that is being requested for extension would be at the existing bid price of $17 . 90 per hour per vehicle. Mr. Stock responded in the affirmative. Mr. Stock then went through an analysis of the 1987 Dial-A-Ride Budget to show the committee the impact of adding an additional vehicle. The current dial-a-ride budget is for $124, 449 . The cost of the two existing vehicles at the prestated bid price and assuming that the ridership threshold is not reached is approximately $92 , 059 . 20 . This is well below the budgeted amount. Therefore if we add the cost of the third vehicle as proposed by Kare Kabs and stay below the ridership threshold the cost of the additional vehicle would be approximately $21,780 . When we add this amount to the cost of two existing vehicles we have a total of $113 , 839 . Still well below our budgeted amount. However, if we assume that the ridership threshold is met each month during the year the cost of our two existing vehicles is $101, 455 . Again, if we calculate the cost of the third vehicle assuming the ridership threshold is met during each month of that vehicles contract period ( 9 months) the additional cost is approximately $24 , 804 . Adding the additional cost of the third vehicle to the cost of the two existing vehicles gives us a total expenditure of approximately $126 , 259 . In this case which is a worse case scenario in terms of our budget we would exceed our budget by approximately $2 , 000 and leave nothing for administrative costs. Therefore, staff is recommending that the ridership threshold be eliminated from the contract so that we can not be put in to this type of situation. If Kare Kabs is unwilling to proceed with type of action, staff will try to raise the passenger threshold to 2800 passengers per month as compared to Kare Kabs 2400 passenger per month. Raising these thresholds to the 2800 passenger per month level would ensure that we would not be charged at the higher bid price each month during the contract period. Commissioner Weeks stated that the projections presented by staff were made using the absolute worst case scenario. Even if we did exceed the threshold for every month during the contract period we would only be approximately $2 , 000 over our dial-a-ride budget amount. Mr. Stock stated that there was adequate funds in the van pool budget to cover this small over run, additionally if the situation did occur in which excess funds were not available from the van pool budget, it is likely that we could apply for an amendment to our contract with the regional transit board requesting additional funds. Weeks/Schmidt moved to recommend to City Council that the dial-a- ride contract be amended to add a third dial-a-ride vehicle as proposed by Kare Kabs with the following two exceptions: PROCEEDINGS OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session Shakopee, Minnesota October 23 , 1986 In the absence of Chairman Ziegler and Vice Chairman Spiotta, Commission Secretary Schwartz called the meeting to order at 7: 30 p.m. with Commissioners Schmidt, Weeks and Allen present. Chairman Ziegler and Commissioner Spiotta were absent. Barry Stock, Administrative Assistant was also present. Schmidt/Weeks moved to approve the minutes of the August 21, 1986 meeting as kept. Motion carried unanimously. The first order of business on the agenda was the addition of a dial-a-ride vehicle. Mr. Stock informed the committee that in light of recent ridership increases, he has been investigating the possibility of adding a third vehicle to the dial-a-ride program. On October 14, 1986 the dial-a-ride carried over 140 passengers. Mr. Stock informed the committee that this was likely that this was the maximum ridership we could achieve with our two existing vehicles. Additionally, we have had to turn away riders in the past few months because of the high demand that we are experiencing. Mr. Stock informed the committee that currently a back-up vehicle for the van pool program is being stored at the dial-a-ride office. It was Mr. Stock' s intention to negotiate a deal with the van pool provider so that this vehicle could also be used as a back-up to the dial-a-ride program. Mr. Stock received a letter agreeing to this type of agreement from the manager of Van Pool Services. Mr. Stock then contacted the manager of Kare Kabs to ascertain whether or not they would be in favor of this type of agreement. In the discussions with the Kare Kab manager it was pointed out that in the event of an accident using the van pool back-up vehicle in conjunction with the dial-a-ride program, the issue of liability would be unclear. For this reason, the dial-a-ride manager felt that it would be inappropriate to have his drivers utilizing a vehicle that is not owned and operated by his company. Understanding our need for an additional vehicle the Kare Kabs manager has proposed an alternative solution to our dilemma. Mr. Stock informed the committee that Kare Kabs has agreed to purchase a new full size 16-20 passenger vehicle for our dial-a- ride program. The charge for this vehicle would be based on an 8 hour day at the current bid price of $17. 90 per hour. Additionally, Kare Kabs would be willing to raise the passenger ridership threshold which currently stands at 2100 rides up to 2400 . In light of the fact that our ridership increases during the school months, Kare Kabs is willing to make this third vehicle available to us for a 9 month period of time with the additional three months during the summer available at the City' s option. Finally, Kare Kabs would be requesting that the original l � 1. That the size of the new vehicle may be reduced to either a 12 or 15 passenger van. 2 . That the ridership threshold be increased to at least 2800 rides per month. Motion carried unanimously. Mr. Stock informed the committee that the Scott County Solid Waste Advisory Committee had not met in the past four months. He did however receive a correspondence from Jan Flesland, Scott County Environmental Planner which stated that the Scott and Carver County Boards had accepted an arrangement in which they would work jointly to locate a waste reduction facility in either Scott or Carver County. This facility would be shared between the two counties. A consultant was being hired by the two counties to help in the vendor selection process. Commissioner Allen questioned what the Energy and Transportation Committee' s role was with the Scott County Solid Waste Advisory Committee. Mr. Stock informed the committee that this was purely informational for the committee. In the event that a waste reduction facility is located in Scott County, the Energy and Transportation Committee' s role might be to assist in working out public/private partnerships for processing recyclables at the waste reduction facility. Mr. Stock questioned whether or not the committee would like to hold a van pool party for the van pool riders around Christmas as was done last year. Commissioner Schmidt felt that the riders enjoyed the party and it was a nice gesture on behalf of the City. Consensus indicated that a party should be held again this year and a tentative date was selected for December 18th. Mr. Stock suggested that the Committee could then meet following the party at 7 : 00 p.m. for their regularly scheduled meeting. Mr. Stock then went over the recycling report which indicated the amount of recyclables collected by the various city organizations since January of this year. Total materials collected so far this year amounted to approximately 156 tons. The City receives a $4 per ton for the material collected. This money is received from the Met Council. These dollars are used to help promote the r recycling program via the newspaper. Mr. Stock then went over the dial-a-ride and van pool monthly reports. Mr. Stock noted that the van pool subsidy per passenger trip for the last two months has increased significantly. This is primarily due to the fact that the back-up vehicle was now being charged to the van pool program. Prior to this time it was being charged to the dial-a-ride program because it was used as a back-up to both programs. Mr. Stock then suggested that it might be appropriate at our next meeting to have a goals and objective session to help establish the direction of this committee in 1987 . Mr. Stock felt that the committee was probably getting a little tired of monitoring the recycling and transit programs which are both running very smoothly. Commission Schwartz felt that this was a good idea and he would like to see the committee expand into more transportation issues. Mr. Stock informed the committee that many of the transportation issues in Shakopee were either being handled by the downtown committee or the Scott County Transportation Coalition. The consensus of the committee was that at the December meeting it would be appropriate to brain storm and establish some new policy direction for the Energy and Transportation Committee. Allen/Weeks moved to adjourn the meeting at 8 : 25 p.m. Motion carried unanimously. Barry A. Stock Recording Secretary l Proceedings of the Downtown Ad Hoc Committee City Hall Council Chambers October 8, 1986 Chrm. Laurent called the meeting to order at 7 : 40 a.m. with the following members present: Terry Forbord, Gary Laurent, Dan Steil, Jim Stillman, Joe Topic, Bill Wermerskirchen and Pete Sames . Tim Keane and Liaison Wampach arrived later. Absent: Don Martin and Mike Sortum. Also present were John Anderson, City Administrator; Dennis Kraft, Community Development Director; Barry Stock, Administrative Aide; and Ken Ashfeld, City Engineer. Jim Stillman/Bill Wermerskirchen moved to approve the agenda with the addition of #5D - light poles . Motion carried. Bill Wermerskirchen/Joe Topic moved to approve the minutes of the Oct. 1, 1986 meeting. Motion carried. Admin. Aide Stock informed the Committee that the dates for the small group meetings for the downtown improvement projects have been finalized for Wed. , Oct. 15th, Mon. , Oct. 20th and Wed. , Oct. 22nd at 7 p.m. All of the meetings will be held in the Scott County Court House assembly room 111. Mr. Stock requested each Committee member to select at least one of the meetings to attend. Terry Forbord and Bill Wermerskirchen reported on the City Hall Siting Committee meeting that they attended on October 6th. At the meeting, Boarman Architects were present with the survey results . The results indicated that both residential and commercial respondents were in support of locating the new City Hall in the Downtown area or the institutional area. Bill Wermerskirchen brought up the possibility of locating the city hall on Block 50 on 3rd and 4th Ave. between Sommerville and Lewis which met with some favorable reaction. Boarman Architects will study all the results and give a final recommendation in two weeks . Mr. Kraft reported that HRA tabled acquisition of the Merchants Hotel for a parking lot at their last meeting. They would like a determination of how many parking spaces would be made available at the site. HRA also is waiting to see what is going to happen in the downtown area. Barry Stock advised the Committee that the fluted light poles with terrazzo finish are not available. Due to the time element fluted poles with a rough finish have been ordered. Jerry Wampach arrived at 8 :15 a.m. A lengthy discussion was held on a proposed downtown parking lot assessment policy. At the present time there are no parking lot requirements in the downtown district. Barry Stock presented attachment #1 (excerpts from the Shakopee City Code Section 11 . 05, Subd. 3 . ) pertaining to parking and a chart showing several assessment approaches . Staff recommended to reduce the assessable percentage for streetscape on just the parking lot area of those properties that meet the parking requirements as defined in attachment #1 and spread the difference out over the remaining downtown properties . Tim Keane arrived at 8 : 25 . Bill Wermerskirchen moved to cut the parking space requirements by 1/2 , as noted in attachment #1, so that more properties could be eligible for an assessment reduction. Motion failed. More discussion followed on an equitable way to assess parking lots especially those lots which are used by non-patrons . The City Administrator stated that any parking lot definition should be something straight forward that people can understand. Bill Wermerskirchen/Dan Steil moved to offer a reduction to those businesses with a parking lot that meets the requirements of attachment #1 by cutting the requirement in half. Motion carried with Stillman and Sames opposed. Terry Forbord moved to recommend a 40o reduction in the assessment on the streetscape portion on parking lots only. Motion failed. Dan Steil left at 9: 05 a.m. It was the consensus that some kind of credit should be given those businesses who are taking parking off the street whether it be for their own patrons or non-patrons . Jim Stillman left at 9 : 10 a.m. Bill Wermerskirchen/Terry Forbord moved to amend Mr. Wermerskirchens previous motion to include a reduction in assessments for all the parking lots listed on Attachment #2 plus the Pullman Club. Motion carried with Sames opposed. The Committee directed Mr. Stock to bring back a more concise definition of a parking lot at the next meeting along with a breakdown of the complying lots and assessment reduction alternatives . The next meeting of the Downtown Committee will be held October 29 , 1986 at 7 : 30 a.m. Pete Sames/Terry Forbord moved to adjourn at 9 : 15 a.m. Motion carried. Darlene Schesso Recording Secretary 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. C� 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 By-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 20% 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 TENTATIVE AGENDA BOARD OF ADJUSTMENT AND APPEALS Regular Session Shakopee, MN November 6 , 1986 Chairman Czaja Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of October 9 , 1986 Minutes 4 . 7 : 30 P.M. PUBLIC HEARING: To consider a request for a 20 ' variance from the required 30 ' rear yard setback, a 7 ' variance from the required 15 ' parking setback, a 10 ' variance from the required 20 ' side yard setback and reduction in the number of parking spaces required by code to construct a retail business structure on the property located on Block 25 , Lots 8 , 9 & 10 , Shakopee. (Empty lot west of 1028 East 1st Ave. ) Applicant: Bill Henning Action: Variance Resolution No. 476 5 . 7 : 40 P.M. PUBLIC HEARING: To consider a variance to build a garage nearer the front lot line than the principal building on the lot located at 4731 Eagle Creek Blvd. Applicant: Bruce Hennen Action: Variance Resolution No. 475 6 . 7 : 50 P.M. PUBLIC HEARING: To consider a request for a variance from Section 4 . 30 , Subd. 4 , A. 3 , to exceed the maximum area identification sign of 24 sq. ft. by 12 square feet upon the property located at 620 & 640 Gorman. ( Shakopee East Apartments) Applicant: Burt & Delores Lindahl Action: Variance Resolution No. 477 7 . Other Business 8 . Adjourn Judi Simac City Planner CITY OF SHAKOPEE TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN November 6, 1986 Chairman Czaja Presiding 1. Roll Call at 7: 30 P.M. 2. Approval of Agenda 3 . Approval of October 9, 1986 Minutes 4. 8 : 00 P.M. PUBLIC HEARING: To consider the amending of the Shakopee City Code, Section 11. 29, Subd. 3 , to allow limited food processing operations as a conditional use in the B-1 zoning district, subject to certain performance standards. Action: Recommendation to City Council 5. 8 : 15 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to operate a liquor store business in a B-2 District upon the property located at 471 Marschall Road. Applicant: Spirits of Shakopee Inc. Action: Conditional Use Permit Resolution No. 474 6. 8 : 30 P.M. PUBLIC HEARING: To consider a request for a Conditional Use Permit to exceed the 45 ' maximum building height standard in the I-1 and I-2 Districts by 45 ' for additional equipment upon the property located at 6896 Highway 101. Applicant: Shiely Company Action: Conditional Use Permit Resolution No. 473 7. 8: 45 P.M. PUBLIC HEARING: To consider the adoption of a sanitary sewer plan for land within the approved Metropolitan Urban Service Area (MUSA) as established by the Metropolitan Council. Action: Recommendation to City Council 8. Discussion: Canterbury Park 2nd Addn. 9 . Discussion: Proposed Golf Course/Residential Development T. Haugen 10. Informational: a) DuBois Conditional Use Review b) Update on Council actions c) 1987 Planning Commission Meeting Dates d) Annual Planning Institute - GTS Seminar 11. Other Business 12 . Adjourn Judi Simac City Planner CITY OF SHAKOPEE PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 9, 1986 Chairman Czaja called the meeting to order at 7 :30 p.m. with Comm. Schmitt, VanMaldeghem, Foudray and Lane present. Comm. Rockne was absent and Comm. Pomerenke arrived late. Also present were Judi Simac, City Planner; John K. Anderson, City Administrator and Cncl. Lebens The agenda was approved as written. The minutes of September 4, 1986 were approved as written. Schmitt/VanMaldeghem moved to adjourn. Motion carried unanimously. Meeting adjourned at 7 : 35 p.m. Judi Simac City Planner Carol L. Schultz Recording Secretary PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 9, 1986 Chairman Czaja called the meeting to order with Comm. Schmitt, VanMaldeghem, Lane and Foundray present. Comm. Rockne was absent. Comm. Pomerenke arrived late. Also present were Judi Simac, City Planner; John K. Anderson, City Administrator and Cncl . Lebens . The agenda was approved as written with the addition of short dis- cussion on Sheily Site committee. The minutes were approved as written with the correction that Comm. Lane was absent and Pomerenke arrived late. PUBLIC HEARING -CONDITIONAL USE PERMIT RESOLUTION NO. 472 Foundray/VanMaldeghem moved to open the public hearing to consider a request for a Conditional Use Permit to conduct a home occupation selling novelty balloons upon the property located at 737 W. 6th Avenue in a R-2 zoning district. Motion carried unanimously. The City Planner said that the applicant, Larry Severson, has applied for a permit to operate the party balloon business from their de- tached garage. The occupation will consist primarily of delivering balloons . Parking for the business can be provided on the site. The proposed home occupation complies with Section 11 .05, Subd. 10 of the City Code. Jery White, 1746 5th St. raised concern about the traffic in the alley and possible blockage of the alley. The City Planner said that the alley is a public right-of-way and there is no parking allowed. Chairman Czaja asked if there was anyone from audience who wished to address this issue. There was no reply. VanMaldeghem/Lane moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Schmitt offered Resolution No. 472 and moved its adoption subject to the following conditions : 1. Signage shall be limited to two square feet indicating name and address only. 2. Hours of operation shall be limited to 9 :00 a.m. to 8:00 p.m. Motion carried unanimously. PUBLIC HEARING- AMENDMENT TO CITY CODE, SECTION 11.295 Subd. 3 MINI STORAGE VanMaldeghem/Schmitt moved to open the public hearing to consider a 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. Motion carried unanimously. Planning Commission October 9, 1986 Page -2- The City Planner said that the question asked by the Planning Commission was, can the ordinance specify a particular use for a certain parcel of land only within the district? The City Attorney' s reply was "No, that it is special legislation and actually would be spot zoning. : The question was also raised as to the possibility of extending sanitary sewer to third avenue. The City Engineer' s response was that there is a lot of bedrock in that area and estimation of cost for sewer extension, which includes construction, engineering and administration would be $108,000.00. The feasibility would have to be determined with an appraised benefit analysis . Discussion ensued on possible uses for this property without the sanitary sewer. The City Planner said that the City has begun work on aligning 13th Avenue. The east-west road could come through a portion of the highway right-of-way on the west end of town and extend north serve as a frontage road for these properties. Clete Link, 12831 Link Drive, Shakopee, said that the area of 169 and W. 3rd Avenue, is not a feasible area to put utilities in due to the bedrock in the area. He feels that this 3 acres would be a very good site for mini storage and by developing this area it would improve the looks of this property as well. Comm. VanMaldeghem asked about the possibility of making mini storage a conditional use in this area. The City Planner stated that allowing the subject site would require all B-1 Districts to allow mini storage as a conditional use. Comm. Pomerenke arrived and took his seat at 8:05 p.m. Duane Marschall , 1271 W. 6th Avenue said that he thinks the property as it is now is creating an eyesore and mini storage would be a very good use for this property. Chairman Czaja asked if there was anyone else from the audience who wished to address this issue. there was no response. VanMaldeghem/Lane moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Lane moved 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 district, and move for its adoption. Motion carried with Foudray and Schmitt opposed. Comm. Pomerenke abstained. PUBLIC HEARING - REZONING 71 .2 ACRES, SECTION 7 TOWNSHIP RANGE VanMaldeghem/Pomerenke moved to open the public hearing to consider the rezoning of approximately 71.2 acres of property located in Section 7 , Township 115N, Range 22W, from Ag to R-2. Motion carried unanimously. Recommendation was to continue the public hearing to November 6, 1986 because the preliminary plat has not yet been submitted for review. Discussion ensued on delaying the public hearing for a couple of more months to give the developer more time to complete the preliminary plat. Planning Commission October 9, 1986 Page -3- Schmitt/Lane moved to continue the public hearing to December 4, 1986, at 7 : 30 p.m. Motion carried unanimously. PUBLIC HEARING - AMENDMENT TO SECTION 12. 22 OF SUBD. ORDINANCE P.U.D. REGULATION Schmitt/Pomerenke moved to open the public hearing to consider an amendment to Section 12 . 11 of the Subdivision ordinance to amend the P.U.D. regulations . Motion carried unanimously. The City Planner stated that in the past the subdivision ordinance for P.U.D. allowed for mixed uses , residential, commercial, industrial together, whereas the zoning ordinance did not provide for mixed uses. In response to a question the City Planner explained that the P.U.D. is used as a development tool and not as a form of zoning. Chairman Czaja asked if there was anyone from audience who wished to address this issue. There was no response. Foudray/Lane moved to close the public hearing. Motion carried unanimously. Foudray/Lane moved 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. Motion carried unan- imously. Discussion ensued on Canterbury Park 2nd Addition Clarification of a Condition of Approval . One of the conditions was the construction of a walkway on each lot which connects the lot with adjacent lots and/or Canterbury Downs . The question was raised whether the sidewalks are desirable on Shenandoah and Secretariat Drive. Discussion included the merits of a bituminous walkway versus concrete walkway and which would be more feasible. The City Planner said that a resident had appealed to the City Council on the Koehnen Conditional Use permit and that the City Council has continued the public hearing to October 21, 1986. Schmitt/Lane moved that the review on Conditional Use Permit No. 447 for Roger Bauer be continued until December 4, 1986, and that Mr. Bauer be notified that he has until November 15, 1986, to conform with the planting requirements in the original conditional use permit. Motion carried unanimously. Schmitt/Lane moved to accept the annual review of Conditional Use Permit No. 429 and moved its adoption. Motion carried unanimously. .The City Planner said that the Sheily company would like to meet with the subcommittee as soon as possible. Comm. Foudray said he would consider being on the subcommittee. VanMaldeghem/Foudray moved to adjourn. Motion carried unanimously. Meeting adjourned at 8: 51 p.m. Judi Simac Carol Schultz City Planner Recording Secretary MEMO TO: John K Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Monthly Report DATE: October 31 , 1986 Attached is the Engineering Monthly Report for the month of October, 1986 . 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Meeting 31 Re-convene 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by ore 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 October 21, 1986 81 Communications: (Items noted for conlsent will be received and filed) #a] Steve lay re : Council vacancy b] v� 9] 8 : 00 P .M. _- Continuation of hearing to consider the suspension or revoca- tion of beer and liquor licenses not in compliance with the city code 101 Boards and Commissions : Energy and Transportation Committee : a] Dial-A-Ride Contract Amendment Cable Communications Advisory Commission: #b] Amendment of the Shakopee Community Access Corp . By-Laws 111 Reports from Staff: [Council will take a 10 minute break around 9 :001 a] Proposals for the Former Correctional Facility Site - on table b] Roadways within Killarney Hills Addition c] Change Order No. 1 , 86-5 Timber Trails Project #d] Investment Policy Revision e] Capital Equipment Purchase/Computer Safe #f] Police Department Personnel g] Maurice Stans Foundation Grant #h] Police Station Roof i] Approve Bills in Amount of $78 , 744.35 #j ] Agreement Designating the Shakopee Chamber of Commerce as the Tour Convention Bureau for the City of Shakopee #k] Prairie House 1st Addition - Performance Bond ,z04PJgSTUTWPV )�4TD UOSJGPUV •x uuor 'W' d 00: L 4u 986T `8T .zagw@AOM `,�epsany off. ujnoCpV [t7T [o [q : ssauTsng zauq-0 [8T UOT4TPPV PJC POOMaT2?ug UT squawasUg �xejodwoj JO UOT4eOUA auk �uT�eT�TuI - 9�9z ' ON •sad [a# 4GBPng L96T au4 2UT4doPV - SS9Z -ON •SaH [p UOT4onj4suooaH q, a,j4S sawTOH 5-086T 'ON 4000OJd JOJ 4uawssassV pasodOJd J0 uoT4,eaedGJd auk. ZuTaGpio pu-e passossV aq o4 4SOO au4 2UTJeToaQ - Sv9z 'ON 'saH [o# 4uawdoTanaQ 4Tull pauu'eTd 04 2�uT4UTaH GODUUTPJ O UOTsTnTpgnS au4 JO TT ' ZT ' oaS �uTPUGW * - `60Z 'ON 'Pao [q 4u@w4jpdGG UOTge4jodsu-ejj •uW u4TM 4uaWaGJ2?V TUU2TS TOJ4uOO oTJJUJI 3o UOT4n3axg 2�uTzT zou4nV - 089z ' ON 'salt [U# :saou-euTPJO pue suoT4nTOSaH [ZT Z - a23-cd 986T `t, jagtuanoN VCINHOV HAIIVINHI TENTATIVE AGENDA Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota Special Session November 4 , 1986 1. Roll Call at 8: 00 p.m. 2 . Accept Special Session Call 3 . Approve minutes of the October 21, 1986 meeting. 4 . Potential purchase of the House of Hoy. 5 . Satisfaction of Mortgage for Lots 6 & 7 , Block 3 , Macey' s Second Addition 6 . Discussion: Proposals for the Former Correctional Facility Site 7 . Resolution Adopting a General Fund Budget for 1987 8 . Referral of Kallevig Property to Negotiating Committee 9 . Informational Items: A. Cost Estimates for Parking Lot on the Merchants Hotel B. Update on the Bakken Redevelopment Project 10 . Other Business 11. Adjourn Dennis R. Kraft Executive Director SHAKOPEE HRA PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 21, 1986 Chairman Wampach called the meeting to order at 7 : 02 p.m. with Comm. Leroux, Vierling, and Lebens present. Also present were John K. Anderson, City Administrator; Dennis Kraft, Executive Director; Kenneth Ashfeld, City Engineer; Judith S. Cox, City Clerk; Judi Simac, City Planner; and Julius A. Coller II , City Attorney. Vierling/Leroux moved to approve the minutes of October 7, 1986. Motion carried with Lebens abstaining. Discussion ensued on the offer to purchase the property of the House of Hoy. Mr. Kraft stated that the offer to sell by Ms. Hoy is in the amount of $164, 200. 00 . The building itself will have to be demolished because of its physical condition. Ms. Hoy said she feels the money she is asking is adequate and would like to get this issue resolved as soon as possible. The consensus of the HRA was to have further negotiations with Ms. Hoy and the Negotiating Committee. Lebens/Vierling moved to reject the offer from Ms. Hoy and direct the negotiating team to meet with her further and attempt to negotiate a mutually satisfactory purchase price. Motion carried unanimously. Discussion ensued on the parking potential of the Merchants Hotel. The number of parking spaces that could be put on this property is between 40 to 56 spaces. Discussion ensued on the City' s need for this property. General consensus of the HRA was that it is not known if there is a need for parking in this area at this time, and that the location of additional parking lots should be determined by a study rather than by the City acquiring buildings when owners want to sell them to the City. Leroux/Lebens moved that the Shakopee Housing and Redevelopment Authority inform the Downtown Committee that the City has no interest in the purchase of this property at this time. Motion carried unanimously. Lebens/Leroux moved to adjourn. Motion carried unanimously. Meeting adjourned at 7: 20 p.m. Carol L. Schultz Recording Secretary *fy MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: The offer to purchase the property known as the House of Hoy and located at 101-109 E. First Ave. and 111-113 North Holmes Street DATE: October 30, 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 initial offer to sell by Ms. Hoy was in the amount of $164,200 . 00. That purchase agreement called 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 date of closing. The HRA rejected Ms. Hoy' s original offer. Subsequent to the rejection of the original offer the negotiating committee again met with Ms. Hoy and arrived at a mutually acceptable amount of $144, 500. 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. The agreement also indicates that the HRA will pay for the legal work related to the property transfer and pay an outstanding assessment of $269 . 56. ALTERNATIVES• 1. Authorize the Chairman and Executive Director to purchase the property in the amount of $144 , 500 and other considerations from Ms. DeLoris Hoy. 2 . Reject the offer submitted by Ms. Hoy and direct the negotiating team to meet with her further in an attempt to negotiate a mutually satisfactory purchase price. 3 . Reject the offer submitted by Ms. Hoy and not pursue the purchase of this property at this time. RECOMMENDATION: It is the recommendation of the Property Acquisition Committee that the HRA accept the offer of $144,500 for the purchase of the property at 101-109 East First Avenue and 111-113 North Holmes Street from Ms. DeLoris Hoy. It is recognized that this purchase is made in conjunction with the stipulations contained in the addendum to the purchase agreement. REQUESTED ACTION: Move to accept the offer to sell as described in the purchase agreement dated October 30, 1986 from Ms. DeLoris P. Hoy in the amount of $144 , 500 and authorize an earnest payment in the amount of $27, 000, and an amount of $117 , 500 to be paid at thee date of closing on the property. MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Barry A. Stock, Administrative Assistant RE: Satisfaction of Mortgage for Lots 6 & 7 , Block 3 , Macey' s Second Addition DATE: October 29 , 1986 Introduction: In the Fourth and Minnesota Neighborhood Revitalization Project the HRA provided lots to lower-income families conditioned on those families continuing to reside in the homes purchased for at least five years. Residence for a shorter period would require prorata repayment of the lot value. Background: Chris and Rhonda Dircks of Lot 6 , Block 3 Macey' s Second Addition and Larry and Delores Gardner, Lot 7 , Block 3 , Macey' s Second Addition have met the five year requirement of the promissory notes that were executed October 28 , 1981. Requested Action: To authorize appropriate HRA officials to execute and deliver Satisfaction of Mortgages to Chris and Rhonda Dircks for the property located on Lot 6, Block 3 , Macey' s Second Addition and to Larry and Delores Gardner for the property located on Lot 7 , Block 3 , Macey' s Second Addition. WG MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Barry A. Stock, Administrative Assistant RE: Correctional Facility Proposals DATE: October 31, 1986 Introduction and Background: The City of Shakopee has advertised for Request for Proposals in connection with the development of the former correctional facility site. The deadline for submitting proposals is 12: 00 noon, November 3 , 1986 . As of 12 noon Friday, October 31, 1986 no proposals were submitted. However, staff has been in contact with three developers who have stated their intentions of submitting a proposal. In any event, staff will be prepared to present any proposals submitted to the HRA for discussion at the meeting on November 4, 1986. At that time, the HRA and/or City Council will have to take some action if we intend to acquire the property from the State. The deadline submitting bids to the state for the property in question is November 7, 1986. Proposal $or SHAKOPEE WOMENS CORRECTIONAL FACILITY SITE SHAKOPEE, MINNESOTA Submitted by THOMAS M. MASSED Minneapolis, Minnesota �9uaw I , 2 nZe Y� s� , `�ie tit � _ �x�2l �e cm 1,2 ci 7 4IV 14/to, v4 `fit � ,ate 6 o. Cb), MEMO TO: Shakopee City Council FROM: John K. Anderson, City Administrator RE: Request for proposals (RFP) for the sale and redevelopment of the former Shakopee Women' s Correctional Facility DATE: September 30, 1986 Introduction• The City of Shakopee will have the opportunity to purchase the site of the former Women' s correctional facility for a minimum price of $145 , 000 . At this phase of the disposition process the property can only be sold to local governmental entities. If no bids from governmental entities are received by October 24, 1986, then the State of Minnesota Department of Administration will open the bidding process to the public. Background• The City has been informed that the other two eligible public entities, the County and the school district are not interested in purchasing the property. If the City purchases the property and then reconveys it to a private developer it will be possible to sell the property to a reliable developer who will develop/redevelop the property within a time frame prescribed by the City. The City will also be able to have a positive impact upon the proposed project use and design. One of the Council' s formally adopted objectives for 1986 ( 5. 22) is to "contact potential large scale developers with concrete proposals such as a PUD using TIF on the old correctional facility site. " Council involvement in the purchase of the site at this time would be consistent with this objective. If the City decides to not become involved in the acquisition and disposition of this property there is a risk that the property will be used for any use allowed by the zoning ordinance. The State of Minnesota will sell the property to the highest bidder, regardless of what reuse is proposed. It is also possible that the property might be sold to someone who would do nothing with the property for a number of years. If this were to happen it would not improve the City' s tax base, and could become a blighted area. Timing Problem: Because of the extremely limited time frame available it is possible that one or more developers may submit contingent bids on the property. There is insufficient time prior to the bid deadline to process rezoning, platting, conditional use or variance proposals. Contingent bids will require additional time for proposal evaluation. Attached to this memo is a copy of the act adopted by the legislature earlier this year relating to the disposition of the subject property. Also attached is a copy of the Request for Proposal which will be sent to potential developers, pending Council approval of this item. If no responsive bids are received for this property by October 22 , 1986 the Council will still have the option of not bidding on the site. Alternatives• 1. Direct the City Administrator to solicit bids for the development of the former site of the Women' s Correctional Facility. 2. Direct the City Administrator to take no action to acquire the subject property. Recommendation: Approve alternative number 1. Requested Action: Move to approve the attached Request for Proposals for the site of the former State of Minnesota Women' s Correctional Facility and direct the City Administrator to solicit bids for the development of this property. Attachment tw REQUEST FOR PROPOSALS 4� The City of Shakopee and the Shakopee Housing and Redevelopment Authority (HRA) are requesting proposals for the development of approximately 10 . 9 acres of land which is the site of the former State of Minnesota Correctional Facility for Women. Property Description/Location The site presently contains five structures including an administration building, three residential "cottages" and a maintenance and garage building. The site is located in a residential area in the western part of Shakopee and is bounded by Fourth Avenue on the north, Sixth Avenue on the south, Webster Street on the east and Adams Street on the west. Terms of Sale The minimum sales price of this property will be $150,000. Zoning The property is presently zoned R-3 medium density multi- family residential. The minimum lot area for a single family dwelling unit is 9 , 000 square feet, the minimum lot area for a two family dwelling unit is 5500 square feet per unit and the minimum lot area for multi family dwelling unit is 4000 square feet per unit. For additional land use regulations Chapter 11 of the Shakopee City Code should be referenced. Redevelopment Potential Redevelopment of the property could be for either single family or multi-family uses. The City will consider proposals which address either rehabilitation of the existing structures on the property or the demolition of the existing structures and construction of new buildings. Proposal Deadline Proposals due in the offices of the City of Shakopee no later than 4 : 00 P.M. , October 22, 1986 . Fifteen copies of each proposal will be required for submittal. Proposal Content A written proposal, accompanied by appropriate site and/or sketch plans necessary for evaluation is required by the City/HRA. The proposal should also address the approximate value of the completed project and the amount of property taxes generated. Selection All proposals will be reviewed by the Shakopee City Council and HRA and the City staff . Preliminary developer selection will be made by October 26 , 1986. All developers submitting proposals will be required to submit a $2500 filing fee. This fee will be refunded to unsuccessful developers. Developer Responsibilities The successful developer will be required to enter into a development agreement with .the City of Shakopee. The successful developer will also be required to post a performance bond on the amount of $50, 000, which shall be good for the duration of the development process. The designated developer will be required to submit a statement of qualifications and financial responsibility. Contact Person Interested developers should contact Dennis Kraft, Community Development Director, City of Shakopee, 129 East First Avenue, Shakopee, Minnesota 55379 (phone 445-3650) for further information. W H . F. No . 2351 CHAPTER .No. AN AC's` DiStributed By _ C l r Gi 1` OF SH.�;KOFEE 07'' i, State Capitol St, Paull 296-2343 -- 1 2 relating to state real estate; Permitting the sale of 3 the old ShakcPee correctional facility to the local 4 cover-mment units. 5 r2dACT�D BY T?.. L�G:SyATL O? T`:. STAT 05' "rINN�SOTP.. 7. Section 1. 15:�-KOP-E-Z -FAC 7-LI T-Y SALE ] 8 Not-with-standing Minnesota Statutes, sections 94 . 09 to 9 94.16, the c--=-; ssiener cf ac:.^i^.istration may sell to any local 10 unit cf eovernment where the Property is located, Lor the 11 fiches` Price offered over a m—; ---mum Price of S145 , 000 , the 12 current Shakcnee women,{s correctional facility and the 13 aPorcxi:rate 10 . 9 acre Parcel of real estate which is located 14 ncrth c-'—S-;--'--h Avenue between Webster and Adams Streets in 2.5 Shakopee. Proceeds, `-cm the sale must be deposited _n the 16 General fund. ., AlUZt, ���� ~3 Y P• e•. 1 ' gwf7�3•GF 1FP1t��� 5y 17 IJ�/ i /�� 1 �'-1\ ]i��.`�+^'} 1 t -�1�.r•� ice"'. ,t`1 y ' i V 1//,/ // _ a+� / 1 i'-� y,�'-y'"'' � �' ,qty Eq flF• i y 1 ��•�+ �+' /�/ /f/,/;� �/ PagK , ,1 '� ��t `( may,,, � L •.a� �� � ! 1 (�; sw FACILIT rEwoNY �_ I iY t � i ! �� L=JJ 1 rae �y� � i_���i }---�1--. L..� r�•_•�j �=.! t - yyy j Ya � .-. —~� + i. �� r �� i—�ir� �� �� �., � ..���`" � e a !tom � • tom•'.-!� t'—rt--� �—:a -.., t-. � _ j KENFORD DEVELOPMENT, INC. j REAL ESTATE DEVELOPMENT/INVESTMENTS 1204 HARMON PLACE TELEPHONE MINNEAPOLIS, MINNESOTA 55403 (612) 375-1230 November 1, 1986 Dennis R. Kroft Director of Community Development 129 East First Avenue Shakopee, Minnesota 55379-1376 Dear Mr. Kraft, The following is an addendum to our proposal for the Shakopee Womens Correctional Facility Site which we submitted October 21, 1986. Attached i s a check f or the f i l i ng fee of $2,500.00. Al so encl osed are si x addi ti onal copies of our proposal to complete the 15 copies required. The approximate value of the completed project and the amount of property taxes generated are estimated as follows: - Phase i Description: Adaptive reuse of four existing buildings as professional offices. Construction Cost: S 650,000.00 Market Value: $ 1,008,000.00 Taxes Generated Annually: $51,000.00 Phase 2 Description: New Construction of 54 Multifamily Condominium Housing Units on a 5 acre site north of the existing buildings. Construction Cost: $2,910,000.00 Market Value: $5,292,000.00 Taxes Generated Annually: $�0�300.00 Due to preliminary nature of this proposal the values stated above may vary due to site conditions, market research and construction costs. If selected, we are willing to consider a variety of alternatives to structure a working relationship with the city. Please contact us if you desire any further information. Very truly yours, r��i' Gid Thomas M. Massey KENFORD DEVELOPMENT, INC. REAL ESTATE DEVELOPMENT/ INVESTMENTS 1204 HARMON PLACE TELEPHONE MINNEAPOLIS, MINNESOTA 55403 (612) 375-1230 October 20, 1986 Mr. Dennis R. Kraft Director of Community Development City of Shakopee Shakopee, MN 55379-1376 Request for Proposal: Former Shakopee Womens Prison and Site Dear Mr. Kraft, We are pleased to submit the fallowing proposal in response to your request for proposal dated October 1, 1986. De«eloDer: Thcm4C M Masseu 1204 Harmon Place Minneapolis, MN 55403 6l�_?75_1L30 Consultants: Arvid Elness Architects, Inc. Minneapolis, MN 612-339-5508 Laurent Builders, Inc. Shakopee, MN 612-445-8151 Developer History: See attached exhibits - Concept: This proposal seeks to provide an adaptive reuse of all or a portion of the existing buildings which formerly housed the Womens Correctional Facility. The existing buildings will be converted into _ office space with the remainder of the site reserved for future development of multifamily housing. (see exhibit) Purchase Agreement Terms: The developer will enter into a purchase agreement with the City of Shakopee, subject to the terms outlined below, for the sum of $150,002.00 plus the cost of heating the existing buildings and interest to date of closing. Due to the short time frame imposed by this request for proposal, the following strategy provides a time frame to complete the details necessary to assemble the development program. The developer agrees to perform the following activities to be completed 4� mit. s fr t p f r ptiance of tr!'� nrnnn^f±) ,�?_h:n mnnth� . nm he shat o ae.�e;_. .r .� �.� -= Developer Cost Responsibilities: 1. Complete a market analysis to assess the cornet dernerd and lease rates for office space at the former prison site. 2. Define project scope and program and estimate property taxes. 3. Assemble construction cost estimates to rehabilitate the buildings to accomodate said use. 4. Commission a financial analysis. 5. Process the proposal for rezoning approval/variances. Estimated Developer Risk: Market Analysis & Financial Study $10,000.00 Programming, Construction Cost Estimates, Architectural Study and Exhibits 135,000.00 Estimated Cost to Developer $45,000.00 The developer will enter into an agreement to purchase the site which includes the cost of heating during the 1986-1987 heating season and interest provided the city meets the obligations defined below. City of Shakopee Responsibilities: 1. Acquire site and sell to developer. 2. Provide financing for site acquisition costs to include heating and financing costs to date of closing with interest only payments and balance due in 36 months, _ 3. Mori torium on taxes for three dears. 4. Heat the buildings to 50 degrees F. for the 1986-1987 heating season. 5. Rezone the project for the use described under "concept" above. 6. Provide variances to accomodate the adaptive reuse of the buildings as office space. Termination: If the City of Shakopee meets its obligations as defined above and the fle,-e10 e..r fi-is to close, the de,;minner will rpiombUj'Se- the (' fii fqr interest and heating costs to be predetermined. Beiei its to tie Citg of Sifakopee: 1. Preserve a historic Shakopee landmark. 2. Provides a working relationship with a development team experienced in planning, design, rehabilitation and development. 3. Provides immediate resolution to site disposition. 4. Offers a buffer from new prison to future housing development to north. -- We hope this proposal meets with your approval. Please contact me if you require further information or have any questions. Very truly yours, Thomas M. Masse '/ Massey S 0 6 � S 5 V:2 t:n 6 a 41 0 1V 0 1 J� 0 1 il 10 l S ♦L G O0 6 0 t �0 a o f f o 0 l to f 1— 5 6 1 u Q t'3 C)UJ �-- u. J CCI 04 � = w z 1 � . L s . L L Mill Place L r he first building to be redeveloped In the historic milling district of Minneapolis,Mill Place was built as a barrel factory at the turn of the century. The five-story brick warehouse looks to L the river and the railroad,the sources of commerce which fed its early use. ` Its present tenants look to the river too, -_ 4 " enjoying ` both the exterior views and a * lively new interior of black and green pipe _ rails,and heavy exposed steel trusses ; bridging a glass-enclosed atrium.The new industrial look of the building suits both s �— its historic purposes and its new use as an office building serving a number of l commercial tenants: = s �— Extensive structural deterioration had brought the three buildings now known as Mill Place precariously close t to demolition.As part of its remodeling rr L and restoration of the structures,AEA removed the decayed central section and replaced it with an atrium.Its four stories of glass serve as a central corridor L. between the buildings and a light well ■,� ■ for the interiors. r i®o The exterior surface was restored as close '` as possible to its original appearance, with cleaned and tuckpointed brick,new 4 energy-efficient windows and a new roof, I all designed to be compatible with the r■. original building. I 1)'pe Renovated Commercial Construction, Office Building Location Minneapolis,Minnesota i Square Footage 108,256 sq.ft. Completed 1985 Jameshouse w - t � 1 iftc he two abandoned hospital buildings ' occupying an entire city block had P outlived their usefulness in the 't44 community of Jamestown,but had retained a symbolic importance to the I neighborhood.They preceded most of the residential development that now surrounds them,and were considered part of the community's heritage. Renovating the two independent structures into a single residential complex _°' for seniors and adding a third;returned _ — ` the historic structures to a useful life in �' _ L. the community. A new addition links the original four and five story buildings and the new five story �.- • adaptation with an open atrium serving as a pedestrian corridor,viewing platforms For the interiors,AEA selected a warm and discussion area for residents.The color pallette of mauves,yellows and L focal point of the new traditional entrance blues for walls and floors.These,combined is a stepped keystone arch,an architectural with naturally stained woodwork and soft, element inspired by a single detail on the warm incandescent lighting,erase the original building,and intended to give its former institutional look of the buildings new entryway importance and style. and replace it with a much more homelike 6. atmosphere. Type The active day-to-day entry was developed Renovated Elderly Housing at the rear of the building.A new elevator Location L tower and full handicap access are Jamestown,North Dakota included at the rear,where they provide units convenience but do not disturb the 70 historically-important front of the building. Completed 1. 4 I Academy Park The renovation of a dilapidated 19th century school building whose character had once made it worthy of national landmark status achieved two important ` benefits:it provided 28 new homes for senior citizens,and it returned to Devils Lake a building with the character and history that had once led to its selection on the National Register of Historic Places. Old photographs provided clues for the location of ballisters,corner post caps and roof dormers removed in earlier renovations.AEA replaced them to restore the building's original appearance, preserving the historic qualities of the former school and not concealing them with drop ceiling and window panels commonly found in this type of adaption.Another restored element,a handsome two story portico,gives the building p a distinguished-looking entryway.Handicap access requirements are met with a new entry at the rear which provides canopied coverage from the new rear entry parking lot to the lobby. Residents of Academy Park enjoy an added benefit:turn of the century ornate woodwork,oversizewindows "^ and 14 ft.ceilings—original features which could not be duplicated in moderate priced housing today,along with _ updated features and furnishings that will serve the building's new life for the 20th century. Type Renovated Elderly Housing Location Devils Lake,North Dakota Units w 30 Completed 1984 -- Publication Architecture Minnesota September/ October 1984 6; SHELTER TECH OURNAREAL ESTAT, E L VOLUME 2,NUMBER 21 ©1986 Shelter TephMedia Company OCT. 13-OCT.26, 1986 ,$1.50 T Fnqoric renovation will as housing and community spaces. We have converted abandoned hospitals, schools, convents, hotels, obsolete office st M n•Y lve tax reform buildings and, of course, warehouses. Historic buildings many times can be updated PUBLIC AWARENESS OF VALUE WAS KEY and brought back to a useful life without a change in use.This past year,we were able to by Arvid Elness ra House,as well as thesFi the BankFairmont ofOLero, which was designed by Purcell and Elmslie in 1914.In both cases,the original building purpose was renovation, in many respects, has marketplace.The location of the building and reinstated. not significantly changed since the timing of development remains the same We have also found in recent years a our first major involvement in the field in 1975 critical criteria as it is for all development. heightened interest in the sensitivity of new with Butler Square. What has changed, Given the relative equality in development construction in the vicinity of historic however, is the public knowledge and costs,why renovate?A benefit may be that the buildings and their neighborhoods.Our work awareness of the characteristics and benefits building is strategically located or that it with the new Minneapolis Star& Tribune of renovation. possesses some inherent qualities that cannot production facility,which is located in the St. /Tax laws have been supportive of building be duplicated with new construction.It would Anthony Falls Historic District,was focused _ renovation in the past and it appears that,even be economically prohibitive,for instance,to on creating a large-scale new building with the new tax law changes legislated this physically reconstruct a Butler Square or a compatible with the historical character of year, many of these advantages will be Landmark Center as they exist today. that area. preserved. Because of this, both historic In the past 10 years,our architectural firm Awareness and sensitivity to these issues preservation and adaptive reuse may remain has assisted in placing many valuable have become significant concerns to the city a plausible investment scenario in real estate buildings on the National Register of Historic of Minneapolis, the Heritage Preservation in contrast to other forms of real estate Places.We have also examined many existing Commission and the public at large.We now development which are being severely structures in designated historic districts find this to be the case throughout the city, impacted by the new laws. where historic tax credits are available.This whether it be Laurel Village on Hennepin One of the basic rules of renovation work generally involves the filing of a five- Avenue or continued development along the development which we have come to year development plan with the Internal riverfront.We are greatly encouraged by this understand is that the economic viability of Revenue Service in order to qualify the attitude and, while some of the existing _ the project must meet the same tests as new improvements as a tax credit. structures must be removed in order to focus Construction.That is to say that the gross cost Major renovations in the early'Ms focused on the city's growth, others must remain in per square foot of a renovated building primarily on commercial office and retail order to retain the city's legacy and heritage (acquisition and reconstruction)is similar to revenue as a building type. In recent years, for future generations to appreciate and the gross cost of new construction if the however,we have focused on converting older recall. product is to find its place in today's structures of various types to new uses such ' Preservation often times dictates finding a new purpose for existing structures which have outgrown their original intent and usefulness to the community. It must be �s through innovation and a continued public/private commitment and concern that we find ways to preserve our architectural legacy, realizing that a prime component of our success will be its economic viability.We continue to welcome this challenge. l Arvid Elness,is CEO of Minneapolis-based Arvid Elness Architects Inc. x The atrium at Mill Place. MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: 1987 Budget Adoption Resolution DATE: October 30 , 1986 Introduction and Background: Attached is Resolution Number 86-13 which adopts the Shakopee HRA General Fund Budget for 1987 . Action Requested: Move to adopt Resolution Number 86-13 which adopts the Shakopee HRA General Fund Budget for 1987. RESOLUTION NO. 86-13 A RESOLUTION ADOPTING A GENERAL FUND BUDGET FOR 1987 WHEREAS, the By-Laws of the Housing and Redevelopment Authority in and for the City of Shakopee provide that a budget be prepared on an annual basis. NOW, THEREFORE, BE IT RESOLVED, that the attached General Fund Budget be approved for 1987 with total appropriations in the amount of $42,645. Adopted in session of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, held this day of 1986. Chairman of the Housing Authority ATTEST: Executive Director Secretary Approved as to form this day of 1986. City Attorney OOO O O in OO Ln cn II rn Id Ln u) 00 O 00 .D 00 cn II r- a) r- N LI) O cn r` cn 00 O o o. 00_ u'1 II cn m P. N r-� r-1 i � t\ i N Mr-4 O H , N r-d ' ' ^ II M N ' ' ' rI II M W O O O O O O O o II O O O O m r� "o , O o O i O W M CV W aO r-4 .rt o Ln rn M M r-r II rn m 'd N H M r-1 H 1 M I N v> to ' ' II r-4 N i N to i 't ,:J' r-4 O "O i N r-4 I c`'1 � N II O H Nm un "o m r- I �o O II ma-1 N M M i 'ti -I ^ , ' .. Ln II r-I U H , N ' N ' f-i ' II r-I �.O to M i in O\ O m II r-I O r-I ^ n d- i M i a', N O i N 1 \O II 00 roO 1 \O CN O , of :j - M O N i -4 t\ �l r-1 i r-4 rn 4-1 + M i Ln r-I r-I i O II cn � yr yr W m G c En E-4 z v ami o � H N W a) d d —4i ri U W W W W H a) d U u d D COami G � � 0 > a q i w as y ro N ra O W bD W -4 aa) cid � r •4 cd m ��, oz y aO a) � ra O r4 4-J 41 aH cncli � H � amsX � M a. E+ ci > as rHi rn P a.a cn U U w cd p MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director fit2K RE: Request to Acquire Property at 303 East First Ave. (Lot 1, Block 2 , Original Plat) DATE: October 29 , 1986 INTRODUCTION• Mr. Douglas Kallevig, the owner of the property located at 303 E. First Ave. approached the City and requested that his property be acquired. BACKGROUND: The property owned by Mr. Kallevig is located in the alignment of the proposed mini by-pass. If the by-pass is constructed it will be necessary to acquire Mr. Kallevig' s property. At this time Mr. Kallevig has contended that the salability of his property has been dramatically effected by the potential of the location of the mini by-pass on his property. Additionally, Mr. Kallevig' s property has been declared by the building inspection as being unfit for human occupancy. On August 5 , 1986 the HRA authorized the preparation of an appraisal for this property at a cost not to exceed $1, 000 . This appraisal has now been received by the staff and it is appropriate that negotiations for the purchase of this property begin immediately. ALTERNATIVES: 1. Authorize the negotiating committee to meet with Mr. Kallevig and/or his representatives for the determination of a potential purchase price for the property. 2 . Do not authorize the negotiating committee to meet with Mr. Kallevig and/or his representatives. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to authorize the negotiating committee to meet with Mr. Kallevig and/or his representatives in order to attempt to arrive at a mutually acceptable price for the potential purchase of the property located at 303 E. First Avenue. MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director af.N�, RE: Cost Estimates for a Parking Lot on the Merchants Hotel DATE: October 28 , 1986 At the October 7th HRA meeting a request was made to provide some information on the potential location of parking on the old Merchants Hotel property. Subsequent to this a memo was sent out on October 16th which indicated that 40-56 spaces would be able to be put on this site, depending upon the design utilized. I was later informed by Commissioner Vierling that she would like some additional information on the cost of developing parking and that she thought it would be beneficial for this information to be shared with other HRA members. According to information complied by a parking consultant firm, the average cost per parking space in a surface lot is $750 for an asphalt surface and $900 for a concrete surface. This estimate is based upon 300 square feet per parking space and represents a reasonable average. It was also determined that the operating cost per space is $50 a year for a concrete surface and $70 a year for an asphalt surface. Therefore, a 40 parking space lot with an asphalt surface would have a construction cost of approximately $30 , 000 and that same size lot would have a cost for a concrete surface of $36,000 . If the lot were to have 56 spaces then the asphalt cost would be $42,000 and the concrete cost would be $50,400 . These costs are estimates and will vary somewhat, depending on the design of the parking lot, however they are a good rule of thumb for determining what parking development costs would be utilizing 1986 construction costs. As of this time the 1987 figures are not yet available however it would be reasonable to increase the 1986 figures by approximately 5%. If more information is desired on this please contact me. MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director �Q� K RE: Update on the Bakken Redevelopment Project DATE: October 29 , 1986 Attached please find a letter from Business Development Services Inc. , representing Messrs. Lyle and Wallace Bakken, responding to my letter of October 15, 1986 . As indicated in the attached letter, the concerns stated in my correspondence of October 15th are being addressed at this time. Because of the schedule contained in the development agreement this project will continue to be monitored very closely during the next two month period. BDS Business Development Services Inc. October 22 , 1986 Dennis R. Craft Executive Director OCT 2 41986 Housing and Redevelopment Authority c i, City of Shakopee CITY OF ,SHkrI.O,,- -EE 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Craft: At Mr. Wallace Bakken' s request, I am responding to your letter of October 15 , 1986. With regards to completion of the plans and specifications for the project, Mr. Bakken has continued to work with the contrac- tor, Vanman , and has made some additional adjustments in the pro- ject even within the last 30 days . These adjustments substan- tially improve the orientation of the project to the main highway and, I feel , greatly enhances the project' s viability. Mr. Bakken expects to complete the draft of the plans within the next week, and we will be scheduling appropriate city approvals through the Planning Commission and City Council immediately. Messrs. Wallace and Lyle Bakken have reviewed the request for resubmission of the letter of credit. They intend to complete this requirement in advance of November 1, 1986 , as you requested. The difficulty and delay in initiation of construction have been in securing the final commitment for project financing. Securing financing is a staged process which requires , again , completion of all plans and specifications and identification of appropriate project costs. In addition, appropriate franchise arrangements with both Best Western and Yogi Bear Campgrounds have been a pre- conditioned commitment prior to arranging firm financing. These items have been substantially completed, . and we are not antici- pating any serious additional delays in obtaining our firm com- mitment. Pursuant to completing these negotiations , the Bakkens have exe- cuted a financing contract with North Central Mortgage and Investment Company out of Madison, Wisconsin. This organization specializes in providing financing for the hospitality industry. 7260 UNIVERSITY AVE N.E. • SUITE 130 • MINNEAPOLIS, MN 55432 • PHONE: 612/574-1492 Dennis R. Craft October 22 , 1986 Page 2 As you are probably quite aware, arranging financing for hotels and restaurants is substantially more difficult than for a stan- dard office/warehouse or retail center type of development. We wish to assure you, however , that these delays do not repre- sent a lack of commitment to the project by the Bakkens. The project, in fact , has been improved substantially over the past three months by the additional negotiations and modifications; and, as such, we firmly believe that the finished product will be a credit to the community of Shakopee. The Bakkens fully understand their contractural obligations to the city and are willing to abide by the commitments which have been made. We would ask your indulgence in working with us as we complete these final negotiations. I trust that provides some additional background on the status of the project and urge you to contact me should you have any addi- tional questions or comments . Sincerely, BUSINESS DEVELOPMENT SERVICES, INC. Patrick W. Pelstring Vice President PWP/mc cc: W. Bakken L. Bakken B. Stock J. Manahan R. Krass J. Anderson OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 21 , 1986 Mayor Reinke called the meeting to order at 7 : 00 p.m. with Cncl . Leroux, Lebens , Wampach and Vierling present . Also present were John K. Anderson, City Administrator; Judi Simac , City Planner; Kenneth Ashfeld, City Engineer; Dennis Kraft , Community Development Director; Judith S . Cox, City Clerk; and Julius A. Coller II , City Attorney. Vierling/Lebens moved to recess for the HRA meeting. Motion carried unanimously. Vierling/Lebens moved to reconvene to City Council . Motion carried unanimously. Liason reports were given by councilmembers . Mayor Reinke asked if there was anyone from audience who wished to address anything not on the agenda. There was no reply. Leroux/Vierling moved to approve the minutes of September 30, 1986 . Roll Call : Ayes : Unanimous Noes : None Motion carried. Vierling/Wampach moved to approve the minutes of October 7 , 1986 . Motion carried with Cncl . Lebens abstaining. Wampach/Vierling moved to receive and file the letter from Donald Slater, Executive Director, League of Minnesota Cities regarding proposed policies and policy adoption meeting. Motion carried unanimously. Mayor Reinke said he will attend the Annual AMM Legislative Policy Adopting Meeting on November 6 , 1986 , at the Fox and Hounds Restaurant . Leroux/Wampach moved to receive and file the notice from the Association of Metropolitan Municipalities on the annual meeting. Motion carried unanimously. The City Administrator said that a petition letter has been received by the City from four residents in the Eaglewood Addition requesting that the City of Shakopee close the gravel road that serves the southerly most paved road on that subdivision that ties it onto County Road 17 . Roger Bauer, Eaglwood Lane, said that the road is in rough shape and the city is not maintaining it at this point . He stated he will pay for having the road removed if the City would decide to eliminate it . Terry Ege, 2075 Eaglewood Lane , said that it is becoming a nuisance because kids with 4 wheelers think its a place for them to race around and since it is a clay base it has become a real mess . City Council October 21 , 19 6 Page -2- Leroux/Lebens moved that a public hearing be set for November 18 , 1986 at 7 : 30 P.M. for purposes of vacating the right of way in the Eaglewood Addition. Motion carried unanimously. Leroux/Vierling moved to receive and place on file the letter from Robert J. Ziegler on his interest in serving on the vacated seat on the City Council . Roll Call : Ayes : Unanimous Noes : None Motion carried. Leroux/Vierling moved to receive and place on file the Action Alert memo regarding threat of Presidential Veto of Clean Water Act Reauthorization Cities Urged to Send Telegrams to White House in support of Bill . Motion carried unanimously. Leroux/Lebens moved to reopen the public hearing on an appeal of the Planning Commission approval of a conditional use permit for outdoor storage of transportation equipment in the I-1 zone at 1803 Eagle Creek Blvd. Motion carried unanimously. The City Planner stated that the Scott County Assessor said that it was his opinion that the proposed impound lot would affect adjacent property values and hurt the potential for residential development . Mr. Peter Patchin also felt that the impound lot would detract from the developed residential property and that the proposed use was a visual nuisance . Discussion ensued on putting a sunset clause on the conditional use permit stating that if the property to the west and/or to the north is to be developed that the conditional use permit for a storage lot would cease within a given time period. Les Koehnen said that with the investment that he would be putting into the property a sunset clause would not be feasible. Howard Schmitt said that since his property is higher he will be affected by this site and it will devalue his property and the noise level will also be higher. Terry Forbord, Scottland Companies , said that in view of the information presented, he did not feel that this use is in the highest or best use for this property and that in time it will affect the values of the adjacent properties . Jenny McKenna said that as a realtor she felt that the property on the hill would not be diminished at this time , if anything it should enhance what they have . Mr. Lindstrand' property owner to the west , said that he believes it will have a detrimental impact on the property owners surrounding it . Wampach/Vierling moved to close the public hearing. Motion carried unanimously. City Council / October 21 , 1986 Page -3- Leroux/Lebens moved the approval of Conditional Use Permit No . CC-741 , outdoor storage of transportation equipment in the I-1 zone , with the following conditions : 1 . The entire storage area must be entirely enclosed with a solid fence eight feet in height . The fence shall be setback ten feet from the rear and side lot lines . Within the setbacks a major coniferous tree must be planted every fifteen feet at a minimum six foot height . 2. All Storage associated with the uses within the structure must be contained within the fenced area. 3 . Annual Planning Commission Review. 4. This conditional use permit will cease to be in effect on January 1 of the 2nd year following the year in which a building permit will be issued on any parcel abutting this property within 300 feet , zoned residential . Roll Call : Ayes : Cncl . Wampach, Leroux, Lebens Noes : Cncl . Vierling and Mayor Reinke Motion carried. Wampach/Leroux moved for a 5 minute recess . Motion carried unanimously. Leroux/Wampach moved to reconvene at 9 : 00 p.m. Motion carried unanimously. Leroux/Vierling moved 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. Roll Call : Ayes : Unanimous Noes : None Motion carried. Discussion ensued on the possibility of amending the City Code to allow mini storage facilities as a conditional use permit in the B-1 district. The City Planner said that if it was allowed on this parcel that it would be allowed on all parcels zoned B-1 in Shakopee . It was discussed to have a developer come in to come up with other possible uses for this parcel . Because of the rock in that area sewer extension would not be feasible at this time . Leroux/Wampach moved to accept the Planning Commission recommendation and not amend the City Code , Section 11 . 29 , Subd. 3 to allow mini storage facilities in the B-1 zoning district . Motion carried unanimously. Discussion ensued on the Metropolitan Development and Investment Framework (MDIF) document . The Metropolitan Council has decided to appoint an advisory board to work with Met Council staff to complete a final MDIF. City Council October 21 , 1986 Page -4- Wampach/Vierling moved to continue Shakopee ' s participation in the Southwest Coalition and support the following persons for a position on the MDIF Advisory Board: Judi Simac and Al Klingelhutz . Motion carried unanimously. Mr. Mac Gillivray from Springsted, Inc . was present and discussion ensued on the sale of $480,000 General Obligation Improvement Refunding bonds . Leroux/Wampach offered Resolution No. 2644, Awarding the State 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 moved its adoption. Roll Call : Ayes : Unanimous Noes : None Motion carried. Leroux/Vierling moved to approve Resolution #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 theron shall be payable soley 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 , and moved its adoption. Roll Call : Ayes : Unanimous Noes : None Motion carried. Dennis Kraft stated that the request for proposals for the potential redevelopment of the 0ld Correctional Facility were sent out and that two bids were received, however, they were incomplete . Leroux/Vierling moved to reject all bids at this time and extend the time for accepting bids until 12 : 00 Noon, November 31, 1986 . Motion carried unanimously. Vierling/Leroux moved to authorize appropriate City Officials to approve Change Order No. 1 for the Location Study and Enviromental Assessment (EAW) contract with Barton-Aschman Associates , Inc. r increasing the estimated contract cost by $13 ,410 . Roll Call : Ayes : Cncl . Vierling, Wampach, Leroux and Mayor Reinke Noes : Cncl . Lebens Motion carried. Leroux/Vierling moved to authorize the appropriate City Officials to execute an amendment to the Huber Park Trail Enhancement Project requesting a one-year extension. Roll Call : Ayes : Unanimous Noes : None Motion carried. Vierling/Lebens moved that the City Council declare the replaced Fiat-Allis diesel engine as surplus property, estimated value of $600 . 00, and authorize the City Administrator to sell it to the best offer available . Roll Call : Ayes : Unanimous Noes : None Motion carried. City Council October 21 , 1986 Page -5- Leroux/Vierling offered 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 moved its adoption. Roll Call : Ayes : Unanimous Noes : None Motion carried. Discussion ensued on the proposed 13th Avenue Project Assessment Alternatives . The four types of properties analyzed are : Abutting industrial ; Abutting residential ; Non-abutting industrial ; and Non-abutting residential . No action was taken on which assessment alternative would be used. Leroux/Lebens offered Resolution No. 2642 , A Resolution Ordering the Preperation 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 moved its adoption. Roll Call : Ayes : Cncl . Leroux, Lebens , Wampach, and Mayor Reinke Noes : Cncl . Lebens Motion carried. Leroux/Vierling moved to 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. Roll Callt Ayes : Unanimous Noes : None Motion carried. Vierling/Leroux moved to approve payment of bills in amount of $600 , 937 . 93 . Roll Call : Ayes : Unanimous Noes : None Motion carried. Discussion ensued on the Violations of the State Charitable Gambling Law. Cncl . Leroux raised the concern that if for some reason the non profit organization pulls their pull tabs out of an establishment for reasons of violations , that the establishment can not have any more gambling devices from a non profit organization for a period of two years . The City Administrator said that it should go both ways so the both organizations would be affected. There is no control in the City' s ordinances that would give the City control over the organizations . k Leroux/Vierling moved that staff be directed to draw up an amendment to the gambling ordinance that controls the location of the gambling license as well as the issuance . Motion carried unanimously. Mayor Reinke said that staff should investigate how presently the State ' s gambling laws affect a non profit organization and that our language on the other side will be of equal consistency. Leroux/Vierling offered 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 moved its adoption. Motion carried unanimously. City Council ` October 21 , 1986 Page -6- Leroux/Vierling offered Resolution No . 2641 , a Resolution Establishing a Policy for Working Within the Roadway Right-of-Way of a Recently Constructed Street, and moved its adoption. Roll Call : Ayes : Unanimous Noes : None Motion carried. Discussion ensued on the possibility of the City leasing land to Les Koehnen for the impound lot . Les Koehnen said the actual percentage of his towing for the City is less than 50% which would not be to the City' s best interest . Leroux/Lebens moved to reconsider Conditional Use Permit #471 , outdoor storage of transportation equipment in the I-1 zone. Motion carried unanimously. Leroux/Wampach moved to amend Conditional Use Permit CC-471 to amend clause number 4 to read: This conditional use permit will cease to be in effect in five years or on January 1st of the second year following the year in which a building permit will be issued on any parcel abutting this property within 300 feet , which is zoned commercial , whichever comes later. Roll Call : Ayes : Cncl . Wampach, Leroux, Lebens Noes : Mayor Reinke , Cncl . Vierling Motion carried. Lebens/Leroux moved to adjourn. Motion carried unanimously. Meeting adjourned at 11 : 00 p.m. Judith S. Cox City Clerk Carol L. Schultz Recording Secretary Pa.) 1 2 b t O Shakopee City Council October 7, 986 p r City Hall Shakopee, Minnesota Dear Mayor Reinke and Council, Please add-.my name to the list of candidates for the open coun&ll position which you will be filling by appointment. Sincerely, Steven H. Clay ED OCT 2 6 1986 ..i!.. \�.J E t .. INFORMATION SHEET STEVEN H. CT Y 120 East Eighth Ave. Shakopee, YIN 55379 Work: 445-2443 Home: 445-62147- Personal Age 32 Born and raised in Shakopee, 4 years at present address Married, Jane Hovland Clay, Son, John Occupation, Commercial Printer/Small Business Owner, Shakopee Education Shakopee Senior high School, Graduate 1972 Concordia College, Moorhead, IG, Graduate 1976 Community Service History Volunteer Probation Officer, Scott County Court Services Shakopee Dollars for Scholars, past pres. Shakopee Rotary Club St. John's Lutheran Church, Elders Chairman Shakopee Area Chamber of Commerce Downtown Adhoc Redevelopment Committee St. Francis Health Care Foundation committees r119e,leaguof minnesota cities ILL e October 24, 1986 n� To: City Clerks From: Joel Jamnik, Legislative Counsel Reason: Notice of Vacancies in Multi-member State Agencies The League has received notice from the state of several available positions in state agencies. Many of these agencies play very important roles in local government . Application forms may be obtained at the Office of the Secretary of State, 180 State Office Building, St . Paul , MN 55155-1299 ; (612) 296-2805 . Application deadline is November 4, 1986. The League strongly encourages interested city officials to submit their applications . Please pass this information on to your Mayor and Councilmembers . For further information, please contact me at the League . We would be happy to assist in any way possible. BOARD OF PEACE OFFICER STANDARDS AND TRAINING has 1 vacancy open for a former law enforcement officer. The board licenses part-time peace officers as well as peace officers and constables; establishes minimum qualifications and standards of conduct; regulates police training. Members are appointed by the Governor and receive $35 per diem. Members must file with the Ethical Practices Board. Quarterly meetings in St . Paul. For specific information contact the Board of Peace Officer Standards and Training, 500 Metro Square Bldg. , St. Paul 55101 ; (612) 296-2620. INTERGOVERNMENTAL INFORMATION SYSTEMS ADVISORY COUNCIL has 1 vacancy open for a representative of a city of second and third class within the metro area. The council assists local governments in developing automated information systems by awarding grants. Members are appointed by the Commissioner of Administration. For specific information contact the Intergovernmental Information Systems Advisory Council , Centennial Office Bldg. , 5th floor, 658 Cedar St. , St . Paul 55155; (612) 297-2172. GOVERNOR'S COUNCIL ON THE MARTIN LUTHER KING, JR. HOLIDAY has 15 vacancies open for members. This is Executive Order No. 81-11 providing for establishment of the Governor' s Council on the Martin Luther King, Jr. Holiday. The council will help plan and coordinate observances of Dr. King' s birthday at the state and I 00 university avenue east, st. paul, Minnesota 551 01 (01 21 227-5000 local level . Members are appointed by the Governor and receive no per diem or expenses. For specific information contact the Governor' s Council on the Martin Luther King, Jr. Holiday, Bill Karick, 121 Capitol , St. Paul 55155; (612) 296-2374. SOUTHERN MINNESOTA RIVERS BASIN ADVISORY COUNCIL has 2 vacancies open for members who are interested in water resources and are residents of the Minnesota River Basin of Southeast Mississippi tribtaries basin. The council advises the Environmental Quality Board about the development of a conservatin plan for the Southern Minnesota Rivers Basin. Members are appointed by the Chair of the Environmental Quality Board with the Board ' s concurrence . Monthly meetings; members receive $35 per diem and expenses. For specific information contact the Southern Minnesota Rivers Basin Advisory Council, 100 Capitol Square Bldg. , 550 Cedar St . , St . Paul 55101 ; (612) 296-0676 . MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Beer, Wine, and Liquor Li��nsees not in Compliance with the City Code DATE: October 30 , 1986 Introduction- Council has continued to November 4th, the hearing to consider the suspension of beer, wine, and liquor licensees which are not in compliance with the City Code. Council also set a hearing for November 4th to consider suspension of the liquor licenses of R. Hanover Inc. and Mn. Concessions Inc. , if they are not in compliance with the City Code. Background: To date, all beer, wine, and liquor licensees have provided liquor liability insurance policies, or certified copies thereof, to the City in forms approved by the City Attorney, with only one exception. SuperAmerica policies all expire December 1st. They are currently renewing them and will forward a copy of their liquor liability policy to us as soon as possible. The policy from Pizza Hut expires January 1, 1987 . They have provided us with a 10 day notice if the policy is not to be renewed, and the City Attorney has accepted it. If the policy from SuperAmerica is delivered by November 4th, Mr. Coller informed me that the hearing need not be continued. If the policy from SuperAmerica is not delivered by November 4th, there are two alternatives available. Alternatives: (Continue hearing) 1. Suspend license until policy is delivered 2. Continue hearing to December 2nd Recommendation: Since SuperAmerica is in the midst of rewriting their policies for an additional three year period and are making every attempt to be in compliance, the City Attorney and I recommend alternative No. 2. 2. If SuperAmerica policy is not delivered by Nov. 4th: a. Open the public hearing continued from Oct. 7th b. Continue the public hearing until Dec. 2nd loco MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Dial-A-Ride Contract Amendment DATE: October 30, 1986 Introduction: Since the start of school this past September, the dial-a- ride program has been experiencing high ridership levels. In fact, we have had to turn away riders in the past few months because of the high demand. In light of the ridership increases and the up coming winter months, staff has been investigating the possibilities of adding an additional dial-a-ride vehicle. Background• With two years of dial-a-ride statistics available, staff has discovered certain ridership trends including a ridership drop-off in the summer months. During the school months and the subsequent colder winter months our ridership levels increase dramatically. With this in mind, staff has been negotiating with both the van pool and dial-a-ride contractors to ensure the effectiveness of our dial-a-ride program. Currently our back-up vehicle for the van pool program is being stored at the dial-a-ride office. Staff ' s original intention was to negotiate a deal with the van pool provider so that this vehicle could be used as a back-up to the dial-a-ride program. Initially, I did receive a letter from the Van Pool Manager stating his agreement to this alternative. I then contacted the Manager of -Kare Kabs to ascertain whether or not they would be in favor of this type of agreement. In the discussion with the Kare Kabs Manager, it was pointed out that in the event of an accident using the van pool back-up vehicle in conjunction with the dial-a-ride program, the issue of liability would be unclear. For this reason, the Dial-A-Ride Manager felt that it would be inappropriate to have his drivers utilizing a vehicle that is not owned and operated by his company. Understanding our need for an additional vehicle, the Kare Kabs Manager has proposed an alternative solution to our dilemma. (See attachment #1) Kare Kabs has proposed to provide the City with a new full size 16-20 passenger vehicle for the dial-a-ride program. The charge for this service will be based on an 8 hour day for 5 days per week at the existing bid price of $17 . 90. Additionally, Kare Kabs has stated that they would raise their passenger threshold to 2400 rides for the system. In my negotiations with Kare Kabs I have convenienced them to raise the monthly maximum passenger threshold to 2800 rides and the monthly minimum passenger_ threshold to 1600 rides when the third vehicle is put into operation. In other words when ridership exceeds the maximum passenger threshold, the dial-a-ride provider receives a $2 . 00 per hour bonus in their bid price. Conversely, when the ridership does not achieve the minimum passenger threshold, the dial-a-ride provider receives a $2 . 00 per hour decrease in the bid price. Kare Kabs has also agreed to make this third unit available to us for 9 months of the year ( school months with the remaining 3 months being available at the -option of the City) . Finally, Kare Kabs has requested that the contact be extended to the full three year term to help recoup their additional vehicle investment cost. Note that the cost for the third year is based on the prestated bid price. In attachment #2 , I have drafted an amendment to the existing Dial-A-Ride Contract for the Councils review. The sections of the contract in need of amendment are those sections that relate to the contract term, cost factors , and the addition of the third vehicle itself . On October 23 , 1986 the Shakopee Energy and Transportation Committee met to review the addition of a third vehicle to the dial-a-ride program. At that time, an analysis of the 1987 Dial- A-Ride Budget was discussed to show the impact of adding an additional vehicle. In brief , the Dial-a-Ride Budget does have adequate funds for the additional cost of a third vehicle. (A detailed analysis of the cost impact on the dial-a-ride budget is discussed in the October 23 , 1986 minutes of the Energy and Transportation Committee. These minutes have been included as a informational item with this agenda packet. ) The Energy and Transportation Committee then moved to recommend to City Council that the Dial--A-Ride Contract be amended to add a third dial-a-ride vehicle as proposed in attachment #2 . Alternatives : 1. Move to approve amending the Dial-A-Ride Contract to add a third vehicle and extending the contract period for the full three year term ending on April 15 , 1989 . 2. Do not approve amending the Dial-A-Ride Contract. 3 . Suggest additional amendments to the 'Dial-A-Ride Contract and move for their approval. wj Staff Recommendation: -41 Staff recommends alternative #1. Action Requested: 1 Move to approve amending the Dial-A-Ririe Contract for the addition of a third dial-a-ride vehicle and the extension of the Dial-A-Ride Contract for the third year and ending on April 15 , 1989 . Attachment #1 / 1746 TERRACE DRIVE • ROSEVILLE. MN 55113 • 636.2141 A October 20, 1986 Mr. Barry Stock 0OT 2 121936 Administrative Aide CITY 1 r City of Shakopee r�rEPE 129 East First Avenue Shakopee, MN 55379 Dear Barry: I would like to thank you for this opportunity to propose the City of Shakopee on a third unit for the Dial-A-Ride program. I feel the option of using the spare vehicle from Van Pool Services poses too many operational difficulties. Kare Kabs would like to retain full control of the Dial-A-Ride contract to ensure the excellent service and continued growth we now have. Therefore, we are making the following proposal : 1 ) Kare Kabs will purchase a new full size 16 to 20 passenger van identified as a Dial-A-Ride vehicle. 2) The charge will be based on an eight (8) hour day at $17.90 per hour for five (5) days per week. 3) We will raise the passenger threshold to 2400 rides for the system. 4) The contract year on the third unit will only be nine (9) months (school months) with the remaining months being the option of the City of Shakopee. 5) Extend the original contract to the full three year term to help recoup our additional vehicle investment costs. Barry, I hope this proposal meets with your needs. Kare Kabs has an opportunity to be extremely flexible with this vehicle addition. We have already covered our fixed overhead costs on the operation, making a chance to provide even better coverage of the expanded Dial-A-Ride needs. Please call with any questions or concerns. Sincerely Michael Williams Location Manager MW:dk A Division of Leasing. Inc. Attachment #2 Amendment Number Two Shakopee Dial-A-Ride Service Contract Agreement The following sections are hereby amended and adopted effective December 1, 1986 . 1. Amend Section 26 . Duration to read: The contract period will be 36 months in length. It will begin April 16 , 1986 and terminate on April 15 , 1989 . Actual operation will be for a 36 month period. Total service hours during this contract period shall not exceed 20 , 952 hours unless - otherwise directed by the City. 2 . Amend Section 3a. Program Service Area to read: The system' s service area for origins and destination shall be operated within the city limits of the City of Shakopee for a 36 month period, unless otherwise directed by the City. 3 . Amend Section 7 . Consideration to read: The contractor shall submit requests for reimbursement of eligible actual costs not to exceed $375 , 041 for the contract period. The City will in turn examine and approve such requests as deemed appropriate and submit them to the Regional Transit Board for actual reimbursement. 4 . Amend Section 10a. Billing and Reimbursement to read: The Contractor shall enter into a performance based agreement. When the two originally contracted vehicles are operating the Contractor shall receive the quoted hourly bid per vehicle on a monthly basis when the monthly average ridership falls between 1200 and 2100 passenger trips. In the event that the ridership falls below 1200 passenger trips during any given month, the contractor hourly bid price per vehicle shall be reduced by $2 . 00 per hour during the month in question. Conversely, in the event that the Contractor exceeds 2100 passenger trips during any given month the hourly bid price per vehicle shall be increased by $2 . 00 per hour during the month in question. When additional vehicles are added into the program, the minimum ridership threshold shall be increased 2 . 38 passenger trips for each hour of additional contracted service and the maximum ridership threshold shall be increased 4 . 17 passenger trips for each hour of additional contracted service. 5 . Adopt Section 12g. Service Package: on or before Jan. 1, 1987 the contractor shall provide a third vehicle (minimum 12 passenger maximum 24 passenger) . This vehicle shall be made available to the City for nine ( 9 ) months ( school months ) with the remaining months being the option of the City. The change for this vehicle will be based on eight ( 8 ) hour day for five ( 5 ) days per week at the contract rate of $17 . 90 per hour. MEMO TO: John K. Anderson, City Administrator /� l^ FROM: Barry A. Stock, Administrative Assistant �l RE: Amendment of the Shakopee Community Access Corp. By-Laws DATE: October 30 , 1986 Introduction• On September 16 , 1986 the Shakopee City Council tabled approval of the Access Corporation By-Law Amendments pending a review of the character generated advertising issue and a Cable Commission recommendation. Background: With the approval of several amendments to the Cable Franchise Ordinance that occurred earlier this year, it has become necessary for the Access Corporation to make several changes in their by-laws. In brief, the Access Corporation is recommending changes in the following areas: ( 1) Appointment process of board members , ( 2) Creation of a new membership class; and ( 3 ) Reduction in the size of the board itself. ( 1) The current process of appointing board members is cumbersome and time consuming. It states that the Access Board of Directors must receive a petition signed by 200 of the membership in support of a potential board candidate before City Council can appoint the board member. The Access Corporation Board of Directors would like the petitioning element deleted from the process. ( 2) A new membership class is being proposed due to the fact that cable subscribers are being charged a $ . 25 per month subscriber fee that helps support public access. The Board feels that these individuals should receive a voting membership because they are in fact paying dues through their subscriber fees. Quorum requirements have been reduced accordingly throughout the by-laws to reflect the larger membership that the corporation will be dealing with. ( 3 ) Finally, the Board is recommending that the size of the board be reduced from seven members to five members. The Board has experienced difficulty in filling the seven required positions and feels that it would be prudent to reduce the board size at this time. I have attached a complete set of the by-laws for your review. Please note that new language recommended for inclusion in the by-laws is underlined and language proposed for deletion has a dotted line typed through it. Our City Attorney has approved the proposed amendments as to form. on September 29 , 1986 the Shakopee Cable Communications Advisory Commission moved to recommend to City Council that the Access Corporation By-Law Amendments be approved as submitted. Alternatives: 1. Approve the proposed amendments to the Shakopee Community Access Corporation By-Laws as recommended by the Shakopee Cable Communications Advisory Commission. 2. Do not approve the proposed amendments to the Shakopee Community Access Corporation By-Laws. 3 . Make additional changes to the By-Laws and move for their approval. Staff Recommendation: Staff recommends alternative #1. Action Reauested: Move to approve the proposed amendments to the Shakopee Community Access Corporation By-Laws as recommended by the Cable Communications Advisory Commission and as outlined in the amended By-Laws of the Shakopee Community Access Corporation dated November 4 , 1986 . MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Roadways within Killarney Hills Addition DATE: October 29 , 1986 INTRODUCTION: This memo as well as the attached memo from Jim Karkanen concerns the roadways within the Killarney Hills Addition. The purpose is to address the following issues : 1 . Requests for maintenance and snow plowing of- unimproved roads. 2 . Future improvements to unimproved roads. 3 . Rehabilitation needs of Tyrone Drive and Sharon Parkway . 4 . Future status of platted right-of-way within the alignment of the T.H . 101 bypass. 5 . Future access to Lot 1 , Block 1 , Killarney Hills Addition (Jim Hauer residence) . 6 . Future assessments to platted park land. BACKGROUND: The impetus for a discussion of the stated issues has been the request for maintenance of unimproved roadways by residents, the condition of unimproved roadways, and the deteriorated condition of improved roadways. Maintenance of Unimproved Roadways: As indicated in Kark' s memo, there is additional demand for roadway maintenance services . Sharon Parkway is in an unimproved condition with parts having some gravel and the remaining being a dirt trail . Houses have been allowed to be built adjacent to this unimproved roadway because the adjacent lots are parcels of record with platted right-of-way as access. In absence of" a developers agreement, the roadway has not been improved nor is there a committment on any party to make improvements. If Council elects to maintain this section , Public Works would need to implement interim improvements before freezing of the surface . Killarney Hills Addition October 29 , 1986 Page 2 Future Roadway Improvements : If Council wishes to provide maintenance services in the future , unimproved roadways should be constructed to City standards . This can be accomplished either by a petitioned 429 assessment project or a Council initiated 429 assessment project . Rehabilitation Needs of Tyrone Drive & Sharon Parkway: The condition of the pavement is such that there are areas of failure with the remaining portion in a severely eroded state . The roadway does not have the capabilities of extended life by a thin, bituminous overlay . A rehabilitation program is necessary , to provide extended serviceability . This roadway can be rehabilitated by either a Council initiated 1429 assessment project or a petitioned 1429 assessment project . Examples of similar Council initiated rehabilitation projects are Eaglewood, Timber Trails, and Fourth Avenue . Future Status of Platted Right-of-Way Within the Alignment of T.H. 101 Bypass: The existing alignment of the platted right-of- way cannot coexist with the bypass alignment. The Metropolitan Council has a loan program to Cities for the purpose of preserving vacant corridors for proposed major projects . The shaded properties are those that have been purchased by the City through that program. With the exception of providing access to the Jim Hauer residence , a major portion of Sharon Parkway serves no purpose . As indicated in the sketch, Sharon Parkway could be terminated by a cul-de-sac adjacent to Lot 5 , Block 4 and Lot 8 , Block 1 . The remaining portion of Sharon Parkway and a short segment of Tyrone Drive should be vacated, either now or when the bypass is built . Access to Lot 1 , Block 1 (Jim Hauer residence) : Currently , the Hauer ' s have access to Sharon Parkway and County Road 16. Staff has not surveyed the property but discussions with Hauer indicate that his driveway to C. R. 16 is across Lot 2, Block 1 which is owned by the City . It would appear that access to Lot 1 must be from C . R . 16 after the bypass is built . If the City does nothing , there is the threat of Hauer claiming ownership of a portion of Lot 2 , Block 1 by adverse possession . This threat must be considered and an adverse possession impact on the capability to combine and develop the remnants of Lots 2 , 3 , and 4 of Block 1 . Future Assessment to Platted Park Land : The park has a considerable amount of footage abutting the roadway proposed for improvements. If the roadways are improved , an equitable method of spreading assessments should be established. i Killarney Hills Addition October 29 , 1986 Page 3 RECOMMENDATION: Provide direction to staff as to the following requested actions . Requested Action No. 4 should be complimented with additional direction to staff for the elimination of the encroachment. REQUESTED ACTIONS: 1 . Provide direction to staff as to maintenance to be provided on Sharon Parkway . 2 . Move to direct staff to prepare the appropriate resolutions to commence Council initiated improvements to roadways within Killarney Hills Addition. 3 . Move to direct staff to initiate vacation proceedings on Sharon Parkway and Tyrone Drive adjacent to Lots 1 through 7 of Block 1 , Lots 6 & 7 of Block 4 , Lot 1 of Block 5 and Outlot E, all aforestaated parcels being within Killarney Hills Addition. 4 . Move to direct staff to notify Mr. Jim Hauer that continued encroachment of Lot 2, Block 1 of Killarney Hills Addition is unacceptable to the City . KA/pmp KILLARNEY CITY OF SHAKOPEE PUBLIC WORKS DEPARTMENT MEMO TO: John Anderson & Ken. Ashfeld FROM: Jim Karkanen - Public Works SUBJECT: Killarney Hills Maintenance DATE: Oct. 17, 1986 INTRODUCTION: A potential policy problem is emerging at the Killarney Hills Addition regarding snow removal, and grading the gravel portion of Sharon Parkway where several homes have been built, or moved in the past several years. BACKGROUND: We inheirited the Killarney Hills Addition with the Eagle Creek merger in 1976, and have maintained the bituminous surface on Tyrone Drive, and the portion of Sharon Parkway that extends 250 feet to the southeast. The remainder of the addition was never developed, until several homes have been built, or moved in the past several years adjacent to Sharon Parkway, and there have not been any street improvements by the developer, or builder on this street. Jim Hauer lives on the western edge of the Killarney Addition, and has, through the years, requested the Public Works department to provide grading, gravel, and snowplowing to his residence. The trail is dedicated as street R/W, however, there has never been any development or improvements on the street R/W, so we have refused to commit our maintenance to this area. Mr. Hauer does have a driveway access to Co. Rd. #16, north of his residence, so a emergency situation does not exist for access or egress. We have punched a trail to the houses in the winter time, to provide access in an emergency situation, but this dirt trail is not the best surface to plow because of ,the terrain. The homeowners have not been complaining, except for Mr. Hauer, who, I understand, was responsible for moving some of these homes into the area. We are reluctant to add gravel, or grade and plow the Sharon Parkway area, until we are given some policy direction from Council, because we could be setting prevedent that we would have to live with for many years. If the City is to provide the gravel street, than we should do it before the fall freeze-up. If the developer or builder or property owners are to provide this material, they should begin this project immediately. We have plowed and patched Tyrone Drive since the consolidation in 1971, because it was a dedicated improved surface that was built when it belonged to Eagle Creek Township. It is my opinion that this surface will need a street rehabilition in the near future. �.\ -51 r� ``i-�;>O ,�F`ham V•Pn ^y\` 'T/� d;• -o \ �► \, Syc-► 6d? q�:p�,��"V G� o C, Ni 6� F Sy__7 5Z h O P Ltj of \ �.L:`• '� GG r a, p[2 V � °mo/D co Iz o o G� ,:4r \ 6• � � \ w � va ro ch "Ij 8�36 P, r•, O '�.�,�����i:'�� CO ` �o,Q4.\ �!(p s!?n�,i4�! I J(�Z,CGj•- ``' t\O� {` ot Al tp rZ �•'.o co S+ .9� Q G7` , Off\ .nr � N Nom. 7 w o W N 0 Ye 1p 'e o�- 4c, C i a 3 �5 S i 1 OUTLOT C AVENU` ! ! SECRETARIAT ( ! 2 1 / 1 S 10 P 2 OUTLOT,-E, 4 Cp RK PARK 3 G 4 2 �� -7' 5 1 � 1 � 3 2 L ' o OUTLOT D OUTLOT F OUTLO T G I i I i I OUTLOT Co GUTLC.T S � OUTLOT A � I S f t 1 1 MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Enginee SUBJECT: Change Order No . 1 , Timber Trails Project DLTE: October 30 , 1986 INTRODUCTION: Change Order No. 1 for the 1986-5 Timber Trails Project provides for additional aggregate base and extension of the completion date. BACKGROUND: During design of this project , it was known that the subgrade soils provided poor structural support. The contract called for salvaging the existing gravel , installing a stabilization fabric and reinstalling the salvaged gravel. Added to that structure would be additional base and surfacing. During construction, not as much gravel could be salvaged as anticipated for placement over the fabric due to contamination by silts and clays. The gravel that could not be salvaged for placement over the fabric was still very useful to the project for correction of subgrade soils. Consequently, there is an overrun on the Class 5 gravel quantity for the project. The cost of this portion of the change order is $6 ,380 .00 . In calculating the bond amount and assessments, there was a contingency amount of $10 , 394 .60 included, therefore , at this point the project is still within the project budget. The second portion of the change order has to do with the completion date . To improve the stability of the grading operations, Engineering recommends not placing the bituminous wear course until next year . Considering soil and site conditions and the extent of the grading operations , minor movement of the embankment would not be totally unexpected . If there is some minor cracking of the bituminous base, this then can be repaired before the final lift of bituminous . The contractor has agreed to this change in completion with no increase in unit prices. As an update on project status if this change order is approved, the grading operations and bituminous base surfacing will be complete this year . The bituminous wear surfacing, aggregate shouldering, and miscellaneous final clean up will be completed by July 1 , 1987 . The connection of both platted roadways to County Road 17 will be left in a gravel state . Due to grade changes on County Road 17 , this work is part of the County project and this project will not be completed this year . Timber Trails October 30 , 1986 Page 2 RECOMMENDATIONS: Approve Change Order No. 1 . REQUESTED ACTION: Move to approve Change Order No. 1 to the 1986-5 Timber Trails Rehabilitation Project in the amount of $6 , 380 .00 . KA/pmp CHORTT LAIR Ur. vnyr.n Change Order No. : 1 Project Name: Timber Trails Street Rehabilitation Date: October 28, 1986 Contract No.: 1986-5 Original Contract Amount $ 185,933.00 Change Order(s) No. -- thru No. $ Total Funds Encumbered Prior to Change Order $ 185933.00 Description of Work to be Added: 1. Additional 1100 Ton of C1-5 Aggregate 2. Change completion date to July 1, 1987 with no overlay paving to be done prior to June 15, 1987 The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be increased by $ 6,380.00 The number of calendar days for completion shall be (increased/decreased) by See Above Original Contract Amount $ 185,933.00 Change Order(s) No. _] thru --- $ 6,380.00 Total Funds Encumbered $ 192,313.00 Completion Date: July 1, 1987 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: Title Date: APPROVED AND RECOMMENDED: ity Engineer Date APPROVED: City of Shakopee By: Approved as to form this Mayor Date day of 19 City Administrator Date City Attorney City Clerk Date lid TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Investment Policy Revision DATE: October 29, 1986 Introduction and Background Attached is a proposed revised investment policy for the City of Shakopee. The main purpose for the revision is to incorporate changes made by the 1986 Legislature. The Council may want to discuss the provision relating to the designation of depositories. Previously, the Council was to designate depositories and if Council failed to do so, then the treasurer was authorized by statute to do so. Current statute provides that the Council shall designate depositories but may authorize the treasurer or chief financial officer to exercise the powers of the governing body to designate depositories. Since such designation has been routine and a "housekeeping" item each year, the attached policy provides for the Finance Director to designate depositories. There is no change in operations contemplated at this time. Attached is the current list of depositories. The legislation also provides that the Council may designate the treasurer or chief financial officer as approval authority, in Councils place, for the financial institution in which collateral is deposited for safekeeping. The attached policy designates approval authority to the Finance Director. Alternatives 1. Adopt proposed policy 2. Adopt modified policy 3. Status Quo Recommendation Adopt policy after Council review. Action Requested Move to adopt the investment policy dated October 24, 1986 as proposed. CITY OF SHAKOPEE, MINNESOTA INVESTMENT POLICY October 24, 1986 Pursuant to Minnesota Statutes, Section 118.005, the City Council authorizes the Finance Director to designate as a depository of City funds such national, insured state banks or thrift institutions as defined in Section 51A.02, Sub- division 23, as it may deem proper. The Finance Director shall inform Council whenever a change is made in the list of designated depositories. Any bank, trust company or thrift institution authorized to do business in this state, designated as a depository of City funds may, in lieu of a corporate or personal surety bond required to be furnished to receive the funds, assign to or deposit with the City Treasurer legally-authorized investments or security in collateral. The Finance Director is authorized by Council to approve of financial instutions for the safekeeping of collateral. The total amount of the collateral computed at its market value shall be at least ten percent more than the amount of deposit, in excess of any insured portion which would be permitted if a corporate or personal surety bond were furnished. The depository may at its discretion furnish both a bond and collateral aggregating the required amount. The City will not accept mortgages as collateral. The Treasurer shall not maintain a deposit in any depository against collateral in excess of 90 percent of the market value thereof. Pursuant to Section 471.56, Subdivision 1, any City funds not presently needed for other purposes may be deposited or invested in the manner and subject to the conditions provided in Section 475.66. INVESTMENT GUIDELINES Repurchase agreements may be entered into with a bank qualified as depository of money held in the City funds, or with any national or state bank in the United States which is a member of the Federal Reserve system and whose combined capital and surplus equals or exceeds $10,000,000, or a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York. Investments may be held in safekeeping in accordance with the provisions of MSA 475.66 sub. 2. Investments shall mature and shall earn interest payable at times and in amounts which, in the judgment of the City Treasurer or other officer to which has been delegated investment decisions, provide the City adequate cash for operating purposes. To provide liquidity, a minimum of forty percent (40%) of the City's investment portfolio shall mature in one year or less. Investments maturing in ten years or more shall not exceed ten percent (10%) of the City's investment portfolio. Investments shall be made in accordance with MSA 475.66 sub. 3. All investments other than in direct obligations or agencies of the United States, secured by collateral, or repurchase agreements, shall not exceed forty percent (40%) of the City's portfolio. This limitation is determined by type of investment. Example: commercial paper or bankers acceptance. Further, the City Treasurer shall not invest in excess of twenty percent (20%) of the City's portfolio in any one corporation and the investment in any one corporation shall not exceed five (S$) of the corporation's assets. Repurchase agreements shall be used for short term investments only and shall not exceed eighteen (18) days in length. The City Treasurer or other officer to which has delegated investment decisions shall be prudent and at all times follow the guidelines of Safety, Liquidity and Yield. RES.OL?,^1'ION NO.2504 A RESOLLiION DESIGNATING OFFICIAL DEPOSITORIES OF CITY FUNDS FOR 1986 hHE?.Ls, 1..S. 4-27 .02 provides that the City Council designate depositories; and, WHEREAS , the State of 1:innesota Statutes 118.005 and 475.66 provides that Cities may invest in time deposits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY COUNCIL OF SEbXOPEE', MINNESOTA, that the following institutions are designated as depositories with the respective dollar amounts as 1-,=its and as secured by insurance and/or collateral. First National Bank of Shakopee $500,000.00 Citizens State Bank of Shakopee 500,000.00 First National Bank of St. Paul 500,000.00 First National Banc of Minneapolis 500,000.00 Norwest National Bank 500,000.00 First Minnesota Savings & Loan 100,000.00 . Karquette National Bank 500,000.00 Midland National Bank 500,000.00 California Federal Savings & Loan 100,000.00 All State Savings & Loan 100,000.00 Columbia Savings & Loan 100,000.00 First Federal Savings & Loan of Michigan 100,000.00 American Federal Savings & Loan 100,000.00 Far West Savings & Loan 100 000.00 l� Adopted in APAOIj session of the City Council of the City of Shakopee, Minnesota, meld this J nuary, 86 . Mayor`of✓the City of Shakopee .LTTEST: JAI-I Cir Clerk Approved as to foam this ~ day o` anuary, 1986. City t� rney l � TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police RE: Capital Equipment Purchase/Computer Safe DATE: October 30 , 1986 INTRODUCTION The police department makes a duplicate tape of all entries into the computer on a daily basis to safeguard against the loss of data from a system failure or fire. The department currently has no means of protecting the backup tapes or program diskettes. BACKGROUND Paper records can withstand temperatures up to 350°F and high humidity, magnetic median are damaged by temperatures over 125°F or a combination of 120°F and humidity in excess of 85% . The requested unit provides computer fire protection for magnetic and film median. We have reviewed the alternative of renting a safety deposit box; however, due to the fact that the department functions on a twenty- four hour basis, access to the tapes would be limited to banking facility hours. The department has an unemcumbered capital expenditure balance of $2 , 040 . 00 for 1986 . I have obtained two quotations for a Schwab Firequard Diskette Safe. 1 . Suel Business Equipment - $1 , 397 . 00 2 . Furniture Warehouse Services - $1 , 764 . 00 RECOMMENDATION Purchase one Schwab Fireguard Safe from Suel Business Equipment at a cost of $1 , 397 . COUNCIL ACTION REQUESTED Authorize the purchase of one Schwab Fireguard Safe from Suel Business Equipment at a cost of $1 , 397 . TO: Mayor, Council Members f ) FROM: Tom Brownell , Chief of Police !` RE: Request for leave of absence without pay. Employee Retirement. Hiring replacement officer. DATE: October 28 , 1986 INTRODUCTION Officer Gary Nosbusch has submitted a request for a sixty day leave of absence without pay as permitted in section 13 of the city policy, commencing November 5, 1986, to January 3 , 1987 . Sergeant Kenneth Hanel has submitted his retirement resignation effective 1700 hours , January 1 , 1987 . BACKGROUND Considering the aforementioned requests it would be in the best interest of the department to honor the requests upon evaluating the following information. The Minnesota Police Recruitment System -has recently completed the testing process for persons eligible to be licensed. It is important that we take advantage of a current list so that we interview the best candidates . The next testing will be completed in January and April of 1987 . Council has authroized one additional patrol officer to be employed about April 1987 . The hiring process and in-service training of a new officer will result in the officer hired in April to perform assigned duties about August of 1987 . In order to avoid a decrease in the patrol staff at the beginning of the 1987 racing season, I am requesting Council approval of Officer Nosbusch' s request for a sixty day leave of absence without pay so that funding in the current 1986 budget may be used to hire one replace- ment officer for Sergeant Hanel' s position by December 1 , 1986. pg. -2- RECOMMENDATION 1 . Approve Officer Gary Nosbusch' s request for a sixty day leave of absence without pay commencing November 5, 1986 . 2 . Accept the resignation of Sergeant Kenneth Hanel effective 1700 hours, January 1 , 1987 . 3 . Authorize the hiring of one patrol officer effective December 1 , 1986. COUNCIL ACTION REQUESTED 1 . Approve Officer Gary Nosbusch' s request for a sixty day leave of absence without pay commencing November 5, 1986 . 2 . Accept the resignation of Sergeant Kenneth Hanel effective 1700 hours, January 1, 1987 . 3 . Authorize the hiring of one patrol officer effective December 1 , 1986 . City of Shakopee - l POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445.6666 Oct. 2P, 1986 Shakopee Citv Council Shakopee Citv Hall 129 Fast First .Avenue Shakoaee, Minn. Dear Citv Council Members; Please accept this letter as my Notice of Resinnation from the Shakopee Police Department, effective Jan. 1,1Q87 1700 hrs. Sincerely, ��'��( at. Kenneth Hanel Shakonee Police dept. cc Chief Thomas Brownell 90 -SETE7E JO �To EECE TO: Tom Brownell, Chief of Police FROM: Gary Nosbusch, Patrolman RE: Leave of Absence DATE: October 21 , 1986 I am requesting an unpaid leave of absence as provided in Section 13 of the city personnel policy. Absence commencing November 5, 1986 , through January 3 , 1987 . I would further request to be allowed to pay my medical insurance to continue coverage during my leave of absence. RespectfullyTh ted, Gary Nosbus ftakopee Olummunitg *eruices 129 Levee Drive Shakopee, Minnesota 55379' Phone 445-2742 Communitv Education • Parks • Recreation • Adult Education Memo To: John Anderson From George Muenchow Subject: Maurice Stans Foundation Grant Date October 24, 1986 Introduction Mr Maurice Stans, former resident of the community, and benefactor through various ways, has recently expressed interest in the further development of Stans Park, the Shakopee neighborhood park which bears his name. Suggestions for the same were presented to him a few weeks ago. (See attached copy) . Background Mr Stans has now followed through with his intentions and has presented the City Of Shakopee with a check for $8,000.00 for the purpose of purchasing new playground equipment for Stans Park as soon as possible. Mr. Stans has also indicated that in January of 1987 that another check of $4,000.00 will be presented to the City for the purposes of beautification of this park. This latter grant is conditional upon the City finding other means of installing a sidewalk on Fuller Street in Stans Park. All of this has come to fruition because fellow citizen, Marge Henderson, who is a close friend of Mr. Stans, functioned as the catalyst to make this happen. Recommendation In accepting this check that the City Council authorize a letter of gratitude to Mr Stans for his generous contribution and that Mrs Henderson likewise be thanked for her part in sparking this whole procedure. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 THE STANS FOUNDATION 350 WEST COLORADO BOULEVARD SUITE 315 PASADENA,CALIFORNIA 91105 October 16, 1986 Mr. George F. Muenchow Shakopee Community Services 129 Levee Drive Shakopee, Minnesota 55379 Dear Mr. Muenchow: On the basis of your memo of September 4, 1986 to Marge Henderson, The Stans Foundation is prepared to make the following two grants for the upgrading of the Stans Park: 1. A grant of $8,000 at this time, for which check is enclosed, for the purchase of new play apparatus for the park, to be selected by your organization in consultation with representatives of the neighborhood,to be ordered and installed at the earliest practicable date. 2. A grant of $4,000 payable in January, 1987, for park aesthetics, including trees, shrubs, flowers, and other means of beautifying the park without reducing its practical values. This amount does not include a sidewalk on Fuller Street and the grant is made conditional on the fact that they city or other organization will provide that concurrently with the beautification program. We assume, without making it a contractual obligation, that if your organization and/or the city accept this grant the property will be maintained in the future to preserve the benefits of the improvements being financed by our grants. Sincerely, / �I w _.L Maurice H. Stans President MHS:me Enclosure 1 m cc pp 'v Zs lZ C\2 m v I cm cm rn Efl r\ Ln .a c0 l O , J -a I Lo 0 Z O Q F W 1 nJ Z O `o Bio O O OL) pq;°a LL Q dOog- ru to a 0 �+ Z U W <o� -ru. Q W � NLU 2z Ri 0 f u C13 ru O LL f O 0 i W.1W „ I >-,a A aoo LL 0 i 3*411kOPee Cf ommunitu Oerutces 129 Levee Drive Shakopee, Minnesota 55379- Phone 5379Phone 445-2742 Community Education • Parks • Recreation • Adult Education Memo To: Marge Henderson From: George Muenchow Subject: Stans Park Renewal Date: September 4, 1986 The following is a re-cap of our conversation yesterday in reference to potential projects for consideration in the upgrading of Stans Park. As a point of reference we should remember that it is classified as a Neighbor- hood Park and as such it is intended to serve the needs of residents within a one-half mile radius. This, of course, doesn' t mean that others in the community don't also use it , too, which they do, but our emphasis should be on the neighborhood needs. In my comments I ' ll address the following functions being served: Tennis Playing, Play Apparatus, Winter Ice Skating, Shelter Building, Athletic Activities, park Aesthetics. An additional item would be adjacent Land Acquisition. 1. Tennis Playing The tennis courts were re-surfaced about six weeks ago. They are nice and are busy much of the time. They are the one function that serves not only the neighborhood, but the whole community including the adjacent Sr. High School Physical Education Department. In my opinion, other than four new Tennis Nets at the cost of $400.00,there are no needs for this facility at the present time. 2. Play Apparatus Our Capital Improvement Plan indicates that we desparately need new Play Apparatus in this Park. The devices that are currently in place are used, but they really should be replaced. Lack of funds is what has been stopping us. They were erected prior to the dedication of the park September 24, 1967. Attached will be found a picture of a type of apparatus that might be considered. Before any purchases would be made we would probably involve representatives of the neighborhood to help in the decision. Estimated cost would be $10-15,000.00. 3. Winter Ice Winter Ice Skating The lighted general skating and hockey rinks are on the adjacent school property. These facilities, maintained by park personnel, are usedby the neighborhood, the school, and some of the community youth hockey teams. I don' t see any needshere at the present time, other than a new set of hockey goals to replace the present ones which are worn out. Estimated cost $900.00 A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 *ljnkupee (Eammunag #eruices 129 Levee Drive Shakopee. Minnesota 55379, Phone 445-2742 Community Education • Parks • Recreation • Adult Education -2- 4. Shelter Building The shelter building is a small frame structure that was abandoned by Rahr Malting Company 20 years ago, rennovated, and moved to this park. The work was done by park personnel. The out-of-pocket cost were covered by the Lion's Club. The building primarily serves as a warming shelter for ice skaters. It has anatural gas heater. It does not have water or sewer. Rest rooms would be a welcome addition. If this were to be done, though, we would need a new building. I would estimate the cost to be $50-75,000.00 We then would have a build- ing that would be more readily used at other times of the year. 5. Athletic Activities Since the park is adjacent to the High School , we already make good use of the outdoor athletic facilities on that property including softball fields, baseball field, football field, and the skating rinks. There really is no need for additional athletic facilities. 6. Park Aesthetics The trees planted 20 years ago are now maturing. it would be very nice to be able to add some beautifull flower beds, shrubs etc. A sidewalk on Fuller Street is needed. Estimated cost . . .$5;000.00. 7. Land Acquisition The property immediately adjacent and to the south of the present park would be a potential addition. I 'm not for sure if it is for sale. I would say that at this time this is not a top priority. Later if the residential area should expand in that direction, park land could be picked up as dedicated land from the developer. , W. A COOPERATIVE EFFORT OF TI1E CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 Wood 4 •NMS .. .w ��5�•� ♦ :� �..'•��w� .M . .' 'r..�•/. •i.,,`r• �jj ,}+- ` ' �J�'�' 'MU• �:. y�,�". .tri" • r o ••,•�I'iN _ •l� � Y� a ••.�l"•� �.�:�,..r:.T:.,. F'.:�. or :! • ,''..4` .. .,.���� .� 1 'l.1t.t'•'♦'• d�rryy �,��,�, k�•I ..� .�� ��,1,r...�� �� M•� �w.r� +�v•• .�', - •.* •,j••L'�a.?Jr'R.i Si!��a.�,�y +•��b '�•`� �ky,. . _.''Ni. �I�K'•. • . ••s��i 1 ��1 may: I �� ,Tr'� 41_w'�_t . +.}. ... � � � '. rte• ,: '" +^��1�7•,�•l�V��. •1 .. 'I Allimillmll ()f Youllo"ter" Allifillimill �%llljl Wilk No No 16401 V,011 No No (AW) WIth Illt- fild � �` t��'/Uzi+ •, / gg i W O Q 7 LU Hmp y Ir �S. < 44.. o , z1 N 1 I ' y .V 40 o` o40 Ir OZ '•• ; i cc j r ! „• x a c� Jcc ? \ Q.. _ 2• w x d cr o n x L, td w z a '4L fY Q w + - U-� >a O i N 3 w0 f1 =O wL O pz 1,.�. �K .. Ow cr ¢ a M,. I -x Lu � zx / � J F � Q J i )� Q _ z Q ca � 1 1 i -� 64,. ' I rog ram c tiun . . . . . . . . . Maurice H. auun . . . . . . . . . 10th Avenue . . . . . . . . . . . Sunday, Sep . . . . . . . . . . 3:00 PM Master of Ceremonies . . . Musical Selection . . . . . A Salute to Maurice Stans . Rite of Dedication . . . . . Response . . . . . . . . . Musical Selection . . . . . ' pray you you (if any open this writing) Eike in your mouths the words that were by Archihal ac i In conferring a name upon a child, or a nation, or any institution valued man, the name itself becomes an integral part of the whole in the minds of en. There is nothing closer to us than our personal names -- nothing that :ui so simply yet so completely identify us to those who have known us. Itis ith high regard for the fine person of Maurice H. Stans that this park for the )ungsters of Shakopee is given his name to commemorate a mutual fondness u,d pride between the home community and the native son. _..s Park is Shakopee's newest neighborhood park located at 10th Avenue and Ful- Streets in one of Shakopee's growing residential areas. The park which is 1. 3 vs in size lies adjacent to the new Shakopee Senior High School affording a won- ful park-school complex providing the opportunity for cooperative usage by School strict #720 and the City of Shakopee. .:'K. facilities include fenced asphalt tennis courts, an outdoor basketball court, rseshoe court, and playground apparatus for the younger set. A temporary iter building serves as headquarters for this neighborhood's playground pro- ..m during the summer months as directed by the Shakopee Recreation Board. .ring the winter months an ice skating rink is maintained with supervision pro- .vd during prime hours. City of Shakopee recognizes that leisure time is important time to its many .zees and, therefore, attempts to provide the facilities that will be used by the :nhers of the Community as they seek pleasure during hours away from school ,vork. This park is just one more step in the continuing development of ade- ..Q park and recreational facilities in Shakopee. thanks to the many people that have helped with today's dedication including Wenger Corporation of Owatonna, Minnesota who provided us with one of their ,A mobiles for this ceremony. re;shments courtesy of the First National Bank of Shakopee MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Police Station Roof DATE: October 31, 1986 INTRODUCTION AND BACKGROUND: We have received two quotes on the police station reroof project. The low bidder was All Weather Roof in the amount of $9, 997 . 00. Smith Roofing Company was the high bidder at $11, 440. 00 . ALTERNATIVES : 1. Award the project to the high bidder, Smith Roofing Co. 2. Award the project to the low bidder, All Weather Roof. 3. Do not do the roof project. RECOMMENDATION: I recommend we have All Weather Roof do the reroof project at the Police Station. ACTION REQUESTED: 1. Authorize staff to issue a Purchase Order to All Weather Roof in the amount of $9 , 997. 00 for the reroof project at the Police Station. 2. Offer Resolution No. 2647, A Resolution Amending Resolution 2457 Adopting The 1986 Budget and move its adoption. LH:cah a RESOLUTION 2647 A RESOLUTION AMENDING RESOLUTION 24 57 ADOPTING THE 1986 BUDGET 4riERE2.S , the City Council 'vasa adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, KINNESOTA, that the appropriations are increased as follows: Fund Category Division Amount 01 General 01. 4230. 311 . 31 $1,0, 000 F and the increases are offset or funded by increases (decreases) in the following accounts: FundDivision Amount Account/Category 01 4991 911 . 91 $10, 000 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986 . City Attorney SINGLE PLY ROOFING SPECIALISTS r� 6467878 A L L W E A T H E R ROOF CORP October 30, 1986 City of Shakopee 129 East First Street Shakopee, Mn 55379 Attn: Mr. Leroy Hauser Dear Sir: This letter will confirm our inspection of the Police Station at 476 Gorman Street, Shakopee, MK. ROOF ASSEMBLY Deck - Concrete Insulation - 2" perlite, R = 6 Membrane - 4 plys organic felt with interply mopping of as- phalt and a flood coat of asphalt Surface - Gravel RECOMMENDATIONS 1. Remove gravel and membrane to perlite insulation and dispose of same 2. install 3 ounce polyester protection mat over perlite insulation. 3. Install 45 mil Firestone Rubber Company EPDM single ply membrane over protection mat. 4. Install ASTM #4 washed river rock over EPDM. 5. Provide Firestone Tire and Rubber Company' s ten year labor and material and twenty year membrane warranty. Total price, labor and material complete, is 09, 997. 00. OPTION NO. 1 Install 1 & 1/2" of expanded polystyrene insulation, R = 6, add the sum of $495. 00 to the above bid. OPTION NO. 2 Install 1. 5" of isocyanurate insulation, R = 10, add the sum of $2, 195. 00 to the above bid. 1 2233 UNIVERSITY AVE ST PAUL MINN 551 14 Note : Removal and replacement of wet insulation will be at an additional cost of $0. 95 per square foot. Thank you for this opportunity to be of service. If you should have any questions regarding this proposal, please contact us. Sincerely, AWR Allweaat�h�er Roof , Che ter• ganski CAB:MS File:CABDSKSH 2 Smith Roofing, Inc. RESIDENTIAL& COMMERCIAL 1648 McAFEE ST. • ST. PAUL M.N. 55106• (612) 776-6701 August 26, 1.986 RECEIVED City of Shakopee SEP 2 21986 129 East First Street Shakopee, MN CITY Ur SKt�":K - Attn: Mr. Leroy Hauser Dear Sir: This letter will confirm our bid of the Police Station roof at 416 Gorman Street. Scope of Work Remove gravel and membrane down to perlite insulation. Install 45 mil single ply membrane over the insulation. Cover membrane with ASTM #4 washed river rock. Provide contractor's ten year labor and material warranty. Total price, complete: $11, 440. 00 Option No. 1 Using 1 & 1/2* expanded polystyrene insulation, add the sum of $625. 00 to the bid. Option No. 2 Using 1 & 1/2* isocyanurate insulation, add the sum of $2, 750. 00 to the bid. Sincerely, .Tames Smith JS:SM Disk:sh2 MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator RE: Agreement Designating the Shakopee Chamber of Commerce as the Tourist and Convention Bureau for the City of Shakopee DATE: October 31, 1986 Introduction: The Chamber of Commerce has been working with the hotel/motel owners in the Community and City Staff to put together an acceptable plan for administering a local option hotel/motel tax to finance a Tourist and Convention Bureau for the City. Chamber Recommendation: Attached is a letter from Virgil Mears, Subcommittee Chairman, outlining the Chamber of Commerce ' s proposal for a two- step approach to the implementation of a local hotel/motel tax. The first step is formal approval of an agreement by the City and the Chamber of Commerce designating the Chamber as the Tourist and Convention Bureau. The agreement establishes the procedures under which the City and Chamber would manage the convention bureau. The agreement, when approved by the City and the Chamber, would be implemented by the Chamber ' s appointment of the nine advisary committee members established under the agreement. The advisary committee would then put the final program and budget together for the Tourist and Convention Bureau' s 1987 program year. Step two will be the passage of an Ordinance establishing the tax and the date upon which it would be initiated. Alternatives: 1. Accept the Chamber recommendation and authorize the appropriate City Officials to enter into an agreement with the Shakopee Chamber of Commerce to establish a Tourist and Convention Bureau. This agreement is consistent with the approach the City has maintained throughout its discussion with the Chamber, it simply creates the nine member advisary board before a tax is actually implemented. This alternative will alllow for additional participation by the hotel/motel industry in the final program recommendations and budget for the Tourist and Convention Bureau. 2 . The City can reject the proposed approach by the Chamber of Commerce and make the determination to run a - Tourist and Convention Bureau as a regular City operation within the Department of Community Development. This would change it significantly the 1 g Y approach the City and Chamber have taken to date, but would streamline the operation from an administrative standpoint. No joint agreement would be required between the Chamber and the City and the City would be able to monitor the operations budget first hand rather than second hand through the Chamber of Commerce. This is no small consideration because the City is obligated to operate the hotel/motel tax within the restraints of State law. 3 . The City could drop the proposal for a hotel/motel tax until some future date. This alternative would require that the Chamber continue to devote a major portion of its discretionary money to the support of the tourist industry in our community. Recommendation: As a member of the Chamber subcommittee working on this project, and as City Administrator, I recommend alternative No. 1 for the reasons listed above. Action Request: Authorize the appropriate City Officials to enter into an agreement with the Shakopee Chamber of Commerce formally designating the Chamber as the Tourist and Convention Bureau for the City of Shakopee. SHAKOPEE AREANt P.O. BOX NO. 203❑ SHAKOPEE, MINNESOTA 55379 ❑ (612) 445-1660 'r. 4 10-22-86 Honorable Eldon Reinke , Mayer Shakopee City Council 129 E. lst Ave . Shakopee , MN 55379 Dear Mayor Reinke : Pursuant to the request by the City Council another public hearing was held for the benefit of the Hotel/Motel owners/manager regarding the proposal for a Lodging Tax. For sake of clarification I wish to state that a public hearing had been held and every Hotel/Motel owner was invited as well as restaurant owners . Mr . Murray Williamson ' s son, Randy, who manages the local Super 8 , was in attendance at that meeting. For Mr . Williamson to claim he knew nothing about this and had not been informed borders on the incredible . Again, at this meeting it was determined that three of the four Motel/Hotel owners/managers agree with the imposition of the tax. What it is to be used for is not as clearly understood . Therefore , the Chamber of Commerce Board of Directors authorized me to request that the City Council approve the proposed agreement between the City of Shakopee and the Shakopee Chamber . This will enable the Chamber to officially appoint the Advisory Committee which was originally proposed to be comprised of seven members - now we request that the number be nine . This Advisory Committee will have 60 to 90 days to study the tax proposal and to make recommendation for its use should the tax be imposed . Therefore , we request that the City Council adopt the agreement between the City of Shakopee and the Shakopee Area Chamber of Commerce . Thank you for your consideration of this matter . Si erely, I Vir it S . /bears M/d cc : Lee Hennen AGREEMENT THIS AGREEMENT made this day of 1986 , by and between the City of Shakopee , Minnesota , a municipal corporation , herein referred to as "City" and the Shakopee Area Chamber of Commerce , herein referred to as "Chamber" . WHEREAS the City, through the adoption of an ordnance on , 1986 , established a mechanism for imposition and collection of the tax as authorized by state law and WHEREAS a purpose for the collection of the tax is to establish a source of funds to be expended by the City for marketing and promoting the City as a tourist and/or convention center ; and WHEREAS THE Chamber has indicated to the City that it is willing to establish and maintain a Visitor Information Center/Convention Bureau for purposes of marketing and promoting the City as a tourist and convention center ; NOW THEREFORE , it is agreed by and between the parties as follows : 1 . TERM. The term of this agreement shall begin as of the date of this agreement and shall continue in existence until mutually dissolved . 2 . DESIGNATION OF TOURIST AND CONVENTION BUREAU. That for the term of this agreement the Chamber is hereby designated as the Tourist and Convention Bureau for the City pursuant to Section 64 . 12 of the Shakopee City Code . 3 . DUTIES OF CHAMBER UNDER THIS AGREEMENT. (a) The Chamber shall establish an advisory committee composed of nine members plus an ex officio member from the Shakopee City Council . Three members of this committee shall be selected from the hotel/motel industry within the City, with the Shakopee Lodging Association designating those -two member'. The remaining members of this committee shall be named by the Chamber in such a manner as to ensure adequate representation by the retail and tourism industries of the City including, but not limited to , restaurants , retail stores , recreational , tourist and cultural attractions . The members of this advisory committee shall each serve staggered three-year terms and may serve no more than two consecutive full three-year terms . After completion of a second consecutive three-year term, no member may be reappointed without having spent at least one full year off the committee . For purposes of constituting the advisory committee in its first three years of operation , three people shall be appointed to a one year term, and three people shall be appointed to two year terms , and three people appointed to three year terms . Following the initial appointed terms , all members of the advisory committee shall serve staggered three-year terms in annual cycles . The terms of office and appointment procedures set forth above are to apply to both the members of the advisory committee appointed by the Chamber of Commerce as well as those appointed by the Shakopee Lodging Association . This committee shall seek input from interested parties concerning the use of the proceeds , formulate a program for expansion of tourism and convention trade in the Shakopee area , propose projects to carry out the program, and prepare a program budget . (b) The Chamber shall notify the Shakopee City Council of the names and addresses of persons serving on the advisory committee . Any changes in membership shall also be reported to the City Council . (c) The Chamber shall receive from the City 95 percent of the tax imposed and collected pursuant to Chapter 64 of the Shakopee City Code . All funds received by the Chamber from the City shall be expended for the purpose of marketing and promoting the City as a tourist and/or convention center and establishing a tourist information center . (d) The Chamber shall submit a program budget to the Shakopee City Council during 1986 . In subsequent years , the program budget shall be submitted by August 1st . (e) The Chamber shall administer the budget upon its approval by the council . (f) The Chamber shall provide the City Manager with a copy of its quarterly financial statement showing monthly, year-to-date and budget figures properly itemized and verified by the Executive Director of the Chamber . Expenditures shall be coded to the program purpose for which they were made . Documentation supporting the expenditures shall also be provided . Such documentation shall include , but not be limited to, receipts and invoices . (g) The Chamber shall provide the City Administrator with, quarterly reports on the status and results of the tourism and convention promotion program. (h) The Chamber shall consult and confer with organizations within the City such as all major tourist attractions . The chamber shall inform such groups regularly of its activities . (i) The City of Shakopee shall be the owners of the Visitor Information Center/Convention Bureau but grants to the Shakopee Area Chamber of Commerce the right to move the building to an alternate site should the need arise . 4 . DUTIES OF CITY UNDER THIS AGREEMENT. (a) On or before the 15th day of each month the City shall remit to the Chamber a sum equal to 95 percent of the tax imposed and collected pursuant to Chapter 64of the Shakopee City Code . (b) The City shall select one councilperson to serve as a liaison ex officio member of the Chamber ' s advisory committee . (c) The City shall receive and review the proposed program budget submitted by the Chamber . The City shall hold a hearing on the proposed budget on or before 1986 and shall promptly approve , disapprove or modify the proposed budget . In subsequent years , the City shall hold a hearing on the proposed budget on or before 1986 . (d) The City shall receive and review the quarterly financial statements and quarterly reports on the status and results of the tourism and convention program provided by the Chamber . The city manager or his designated representative shall be the right of access to the books and records of the Chamber as they pertain to the use of the funds provided by the City pursuant to this agreement during normal business hours to audit any item of revenue or expenditure for the term of this agreement . IN THE PRESENCE OF : CITY OF SHAKOPEE MINNESOTA Its Mayor Its City Clerk SHAKOPEE AREA CHAMBER OF COKMERCE By Its And i MEMO TO: John K. Anderson, City Administrator f I f\ FROM: Judith S. Cox, City Clerk � RE: Prairie House lst Addition - Performance Bond DATE: October 28, 1986 Introduction and Background: The developer of Prairie House has chosen to file a performance bond with the City rather than a letter of credit to insure construction for public improvements in the Prairie House 1st Addition. The developers agreement does state that the developer may submit a letter of credit, cash, or performance bond. This is the first developer who has chosen the performance bond alternative. The performance bond is from the contractor to the developer and City of Shakopee. The City Attorney has approved the bond. The bond must be signed by the City before it is in effect. Recommended Action: Authorize proper City officials to sign the performance bond on behalf of Burschville Construction, Inc. in favor of Curtis M. Bradford and the City of Shakopee for public improvements in the Prairie House 1st Addition. DUAL OBLIGEE RIDER To be attached to and form part of Bond No. C-211626 dated 17-October-1986 in the penal sum of Only Two Hundred Forty-one Thousand, Five Hundred and no/100****************** ($ 241, 500 . 00**) Dollars on behalf of BURSCHVILLE CONSTRUCTION, INC. as Principal , in favor of Curtis M,_.Bradford , as Obligee, and executed by the c ap ito 1 Indemnity Corporation as Surety. It is agreed that: 1. The name of the Obligee is amended to include the City of Shakopee, Minnesota 2. There shall be no liability on the part of the Principal or Surety under the bond to the Obligees., or either of them, unless the Obligees or either of them, shall make payments to the Principal , or to the Surety in case it arranges for completion of the contract upon default of the Principal , strictly in accordance with the terms of said contract as to payments, and shall perform all the other obligations required to be performed under said contract at the time and in the manner therein set forth. 3. The Surety's liability toWohe ObligeesHundred Forty or hone Thoer of sandshall Fi�e exceed the sum of Only T Hundred and no/100******************* ($241, 500 . 00 Dollars . Signed, sealed and dated this 17th day of October 19 86 ACCEPTED: BURSCHVILLE CONSTRUCTION. INC. Principal 4' TIS-.MBY: BRADFORD Ct7R U Obligee Title B CAPITOL I E MNITY CORPORATION i / V SL ^eiy ; Lkee:�� CITY OF SHAKOPEE, MINNESOTA B Obl i gee J , es Keeler Attorney-i n-Fact By: MEMO TO: John K. Anderson, City Administrator FROM: Ken Astfeld, City Engineer/0-- SUBJECT: Maintenance Agreement for Signals at Valley Park Drive , Resolution No . 2630 DATE: September 26 , 1986 INTRODUCTION & BACKGROUND: The work for the signal installation at the intersection of T.H. 101 and Valley Park Drive has finally been completed and inspected by Mn/DOT and staff. Mn/DOT is now ready to accept certain responsibilities for the ongoing operation of the signal , similar to other signals within the City . Attached is the signal maintenance agreement between Mn/DOT and the City . I have reviewed the agreement and it appears to be in order. Also attached is Resolution No . 2630 authorizing the appropriate City Officials to execute the agreement. RECOMMENDATION: Offer Resolution 2630 , A Resolution Authorizing Execution of a Traffic Control Signal Agreement with Minnesota Transportation Department and move its adoption. KA/pmp MEM2630 JULIUS A. COLLEA, II JULIUS A.CO LLER ATTORNEY AT LAW 612-445-1244 1859-1940 211 WEST FIRST AVENUE SHAKOPEE, MINNESOTA 553Z9 October 1, 1986 Memo to: John K. Anderson, City Administrator and Ken Ashfeld, City Engineer From: Julius A. Coller, II, City Attorney Subject: Maintenance Agreement for Signals at Valley Park Drive COMMENT I have reviewed the submitted Traffic Control Signal Agreement No. 63747 M between the State of Minnesota Department of Transportation and the City of Shakopee. It appears that the financial responsibility for the lights and signals and maintenance thereof with the exception of the overhead signing is the responsibility of the City and if that is the agreement and is understood well and good. I do want to point out, however, that by paragraph 4 where the City assumes responsibility for the maintenance of the luminaries relamping of the traffic control signal and street lights they are assuming responsibility and liability if due -to any oversight, negligence or omission on their part there is a failure in the operation of the signal and damages result from the failure. As far as the form of the contract,if it embodies the agreement between the City and the State, I am approving it as to form with the above cautions. Respec fully submitted, -1 0 Juliu A. Coller, II JAC/nh l RESOLUTION NO. 2630 A RESOLUTION AUTHORIZING EXECUTION OF A TRAFFIC CONTROL SIGNAL AGREEMENT WITH MINNESOTA TRANSPORTATION DEPARTMENT BE IT RESOLVED that the City of Shakopee enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide electrical energy and certain maintenance to the traffic control signal with street lights and signing on Trunk Highway No. 101 at Valley Park Drive in accordance with the terms and conditions set forth and contained in Agreement No. 63747M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th day of October, 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this 3o day of rS?,�,G• 1986. City Atto e MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 63747M BETWEEN THE STATE OF MINNESOTA, DEPARMENT OF TRANSPORTATION AND THE CITY OF SHAKOPEE TO Provide Maintenance and Electrical Energy for a Traffic Control Signal with Street Lights and Signing on Trunk Highway No. 101 at Valley Park Drive in Shakopee, Scott County, Minnesota. C. S. 7005 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise Covered r THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" , and the City of Shakopee, hereinafter referred to as the "City" , WITNESSETH: WHEREAS, the State has determined that it is in the public ' s best interest that a new traffic control signal with street lights and signing has been installed on Trunk Highway No. 101 at Valley Park Drive; and WHEREAS, the City and State will share in the maintenance and operation of the traffic control signal with street lights and signing as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1 . The necessary plan, specifications and proposal have been prepared and the engineering and inspection required to complete the items of work have been performed. 2. The City has installed a traffic control signal with street lights and signing on Trunk Highway No. 101 -t Valley Park Drive in accordance with the plan and specifications, all at its own cost and expense. 3. The City has provided an adequate electrical power supply to the service pad or pole, and shall continue to provide necessary electrical power for its operation at the cost and expense of the City. 63747M - 1 - 4 . The City shall be responsible, at its cost and expense, to: (1 ) maintain the luminaires ; ( 2 ) relamp the traffic control signal and street lights ; and ( 3 ) clean and paint the traffic control signal, cabinet and luminaire mast arm extensions. It shall be the State ' s responsibility, at its cost and expense, to perform all other traffic control signal and street light maintenance. 5. The State shall maintain the overhead signing at no cost to the City. 6. Timing of the traffic control signal provided for herein shall be determined by the State, through its Commissioner of Transportation, and no changes shall be made therein except with the approval of the State. 7. Upon execution by the City and the State this agreement shall supersede and terminate Agreement No. 1885-R. 63747M 2 - MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Amendment to Section 12. 11 of the Subdivision Ordinance DATE: October 30, 1986 Background: At the October 21, 1986 meeting the City Council directed 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. Mr. Coller is preparing the ordinance, which will be on the table at the November 4, 1986 meeting. Action Requested: Offer Ordinance No. 209, An Ordinance Amending Section 12. 11 of the City Code by replacing the PUD language with regulations consistent with the zoning ordinance, and move for its adoption. MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer;p SUBJECT: Amending Resolution No. 2643 DATE: October 29 , 1986 INTRODUCTION: It is being requested to postpone the assessment hearing for the 1980-3 Holmes Street Reconstruction project to December 2 , 1986 . BACKGROUND: At their October 21 , 1986 meeting, Council adopted Resolution No. 2643 establishing a hearing time for proposed assessments resulting from the 1980-3 Holmes Street Reconstruction project. The proposed assessments consist of removal of deferral status for four parcels involving two owners. Due to the time requirements for publication and mailing of notices for the hearing , the date for the hearing should be changed to December 2 , 1986 . RECOMMENDATION: It is recommended that Council reconsider Resolution No. 2643 , amend Resolution No . 2643 such that the hearing will be held at 7 : 30 P.M. , December 2 , 1986 , and then adopt Resolution No. 2643 . REQUESTED ACTION: 1 . Move to reconsider Resolution No. 2643 • 2 . Move to amend Resolution No. 2643 such that the hearing time is 7 :30 P. M. , December 2 , 1986 . 3 . Offer 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. KA/pmp MEM2643 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 . NOH, 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 2nd day of December, 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. TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1987 Budget Adoption Resolution DATE: October 29, 1986 Introduction and Background Attached is Resolution Number 2635 which adopts the 1987 Budget. This is in accordance with the discussion and decisions made at the various Council meetings plus a few adjustments, the only material one of which Council has not discussed is the removal of $10,000 from the Police budget because the roof repair has been authorized for 1986. Action Offer Resolution Number 2635. RESOLUTION NO. 2635 A RESOLUTION ADOPTING THE 1987 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1986 Budget with the estimated revenues and appropriations for the General Fund and the Special Revenue Funds as show below is hereby adopted. Estimated Revenue Appropriation General Fund - (Personnel, Supplies & Capital Outlays) Mayor and Council $ 51,660 Administration 101,525 City Clerk 94,225 Finance 193,090 Legal 56,750 Community Development 115,395 Government Buildings 66,400 Ind./Commercial Commission 9,370 Police 1,009,980 Fire 209,900 Inspection 107,010 Civil Defense 3,975 Animal Control 6,770 Engineering 197,530 Street 623,560 Shop 58,935 Weed 2,300 Pool 75,475 Park 239,265 Forestry 28,280 Garbage 168,000 Unallocated 515 ,450 Total General Fund $3,842,228 $3,934,845 Revenue Sharing 1,147 102,200 Park Reserve 38,000 146,400 Transit 165,440 165,440 Cable 18,000 17,600 Capital Equipment 117,000 272,100 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1986. Mayor of the City of Shakopee ATTEST: City Clerk j Approved as to form this day j of 1986. i City Attorney j MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Request for Vacation of Easement in Eaglewood 3rd Addition DATE: October 24 , 1986 Introduction• Based upon a request from property owners in Eaglewood 3rd Addition, Council set a public hearing for November 18th to consider the vacation of a temporary roadway easement in Eaglewood 3rd. Background: Vacation proceedings can be initiated by Council resolution or by petition of majority property owners abutting the property. The request received was not signed by the property owner of the lot upon which the easement is located (Lot 6, Block 1) , but instead was signed by the individual who is purchasing the property, and it was also signed by others in the neighborhood. Because the request does not meet the petition requirements, Council should set the public hearing by resolution. The City also has an easement for 50 ft. from the lot to the north (Lot 5 , Block 1) . The easement was originally acquired for Lot 5, Block 1, but the temporary road for emergency access was actually constructed on Lot 6, Block 1. Subsequent to construction of the temporary road, the easement for Lot 6 , Block 1 was never signed by the contract owner, so, the easement for Lot 5 , Block 1 was never vacated. If Council should decide at a public hearing that the temporary road no longer serves a public interest, I recommend that both easements be vacated. Alternatives: 1) Require fee owner of Lot 6 , Block 1 to petition for vacation of easement. 2) Adopt a resolution initiating vacation of easement on Lot 6 , Block 1. 3 ) Adopt a resolution initiating vacation of easements on Lot 5 and 6, Block 1. 4 ) Require fee owner of Lot 5, Block 1 to petition for vacation of easement. Recommendation: Alternative No. 3 . Action Requested: Offer Resolution No. 2646 , A Resolution to Initiate the Vacation of Temporary Easements Across Lots 5 and 6 , Block 1, Eaglewood 3rd Addition, Scott County, Minnesota, and move its adoption. RESOLUTION NO. 2646 A RESOLUTION TO INITIATE THE VACATION OF TEMPORARY EASEMENTS ACROSS LOTS 5 AND 6 , BLOCK 1, EAGLEWOOD 3RD ADDITION, SCOTT COUNTY, MINNESOTA WHEREAS, it has been made to appear to the Shakopee City Council that the temporary roadway in Eaglewood 3rd Addition no longer serves a public use or interest; and WHEREAS, requests have been made to vacate the roadway; and WHEREAS, a public hearing must be had before such action can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that a hearing be held in thpe Council Chambers on the 2nd day of December, 1986 at--7-40 -p.m. , or thereafter, on the matter of vacating the following temporary easements: 11 50 feet roadway easement lying across the Southerly 50 feet of Lot 5 , Block 1, Eaglewood 3rd Addition 21 25 feet roadway easement lying across the Northerly 25 feet of Lot 6 , Block 1, Eaglewood 3rd Addition, according to the plat thereof . BE IT FURTHER RESOLVED, that two weeks published notice to given by publication in the SHAKOPEE VALLEY NEWS and posted notice be given by two weeks posting a copy of such notice on the bulletin board in the main floor of the Scott County Courthouse, on the bulletin board in the Shakopee City Hall and on the bulletin board in the First National Bank of Shakopee. Adopted in regular session of the Shakopee City Council held this day of 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986 . City Attorney i i MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator RE: Association of Metropolitan Municipalities AMM 1987 Legislative Policies DATE: November 3 , 1986 Introduction• Several weeks ago Council Members received copies of the proposed AMM 1987 Legislative Policies to review. Background• The AMM Policy Adoption Meeting is 11-6-86 and the Mayor and I will attend. To cast votes for or against the various policies on behalf of the Council, the Mayor will need formal action by the Council. Every department head with the exception of the Fire Chief has reviewed the AMM policies affecting their operations. Staff is proposing no change in the AMM policies as mailed. Alternative• 1. Approve the policies as mailed. 2. Amend one or more policies as deemed appropriate by Council. Since all department heads will not attend Tuesday night' s meeting, I 'd appreciate a call by 3 : OOp.m. Tuesday to discuss possible changes being considered by Council. Recommendation: I recommend Alternative #1. Action Requested: Authorize the Mayor to vote in favor of the AMM 1987 Legislative Policies as mailed out at the 11-6-86 AMM Policy Adoption Meeting.