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HomeMy WebLinkAbout03/03/1987 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: February 26, 1987 1. The administrators from the City, County and School District met on Wednesday afternoon, February 25th. We made significant progress in arriving at a better understanding of what happened with the 1987 tax bills. We are proposing a joint meeting of Boards on Monday, March 16, 1987 at 7:30 p.m. at the Courthouse. We will be providing all board members with written information regarding the taxes prior to the meeting. Please mark this date on your calendars so that you do not schedule any conflicts. 2. Disciplinary action was taken against police officer Teherence Doyle. He has appealed the disciplinary action and we will be following normal grievance procedures. The disciplinary action was taken based upon consultation with Labor Relations Associates Inc. , Cy Smyth's office. If you have any questions please contact Tom .Brownell. 3. The - Shak-O-Valley Amateur Hockey, Inc. has applied for renewal of their gambling license for 1987 at the Pullman Club. They meet the requirements of the City Code. If you have a question please contact Judy Cox. 4. The Knights of Columbus have applied for renewal of their gambling license. They meet the requirements of the City Code. 5. Q Superette will be discontinuing selling 3.2 beer off-sale effective February 24, 1987 upon cancellation of their surety bond. 6. Attached is a notice regarding cities receiving the Certificate of Achievement for Excellence in Financial Reporting. Please note that Shakopee was one of 659 ' agencies receiving the award in the country and one of 44 in the State of Minnesota. 7. Attached is a memorandum from Barry Stock regarding the proposed Dial-A-Ride/Van Pool marketing analysis. 8. Attached is a memorandum from Barry-,Stock regardtng. legal_ action against the TenEyck property for violation of city ordinances for storage of waste materials. 9. Attached is a copy of the tax rate payable in 1978 in Scott County. Please note that the City of Shakopee has the t second lowest city tax in the county. At a meeting of County Administrators on February 25th I learned that only Prior Lake had a lower total mill rate so it appears that property taxes have gone up dramatically in many jurisdictions. Please note that the Jackson Township mill rate went from approximately 2 mills to 14 mills and that their mill rate is higher than our rural mill rate. 10. Attached is the monthly calendar for the month of March. I would like to discuss setting our goals and objectives session for Tuesday, March 31 which is currently an open date. I will bring this up at the Council meeting. 11. Attached are the minutes of the February 3 , 1987 meeting of the City Hall Citizens Advisory Committee. 12. Attached are the minutes of the February 4, 1987 meeting of the Downtown Ad Hoc Committee. 13. Attached are the minutes of the January 15, 1987 meeting of the Energy and Transportation Committee. - 14. Attached are the minutes of the February 5, 1987 meetings of the Planning Commission and Board of Adjustment and Appeals. 15. Attached are the minutes of the February 12, 1987 meeting of the Planning Commission. 16. Attached are the agendas for the March 5, 1987 meetings or the Planning Commission and Board of Adjustment and Appeals. 17. Attached is a letter from Fred Jurewicz to the Shakopee School Board submitting his resignation as the school board appointee to the Shakopee Coummunity Services Board. 18. The City has won a favorable decision in the Scott County Lumber Co. vs. City of Shakopee (gravel pit) lawsuit. Rod said we can expect an appeal in a zoning case such as this and he will keep us posted. 19. Attached is a memorandum from Marilyn Remer regarding the 1986 Employee Assistance Program usage. 20. Please contact me BEFORE THE MEETING regarding any questions you may have about the two agenda items regarding termination of employee probation periods for Dennis Kraft and Pennie Schlechter. JKA/jms • 44.95 percent of the 1985 submissions that did 1(/ not apply in 1984 received the certificate; • 145 eligible first-year submissions were received for review in 1985, an increase of 20 CERTIFICATE over 1erc and • p 39.60 percent of first-year submissions received OFACHIEVEMENT the certificate vs. 32.8 percent in 1984. The high award rate indicates that most govem- 1986 report ments are implementing the comments and sugges- tions for improvement provided by the certificate Results. The Certificate of Achievement for Excel- program. The result is continuous improvement of lence in Financial Reporting Program (certificate their CAFRs/CUFRs and the annual achievement of program) has completed another record-breaking the certificate. To put their accomplishment into year. Since its inception more than 40 years ago, the perspective, consider that certificate holders only - certificate programs primary objective has been to represent approximately 1 percent of all government provide educational assistance to units of govern- units nationwide. ment to encourage the publication of excellent com- prehensive annuallcomponent unit financial reports The current number of active SRC members is 331, (CAFRSICUFRS). Qualifying reports receive recogni- an increase of 42 over last year. This increase will tion by being awarded the coveted Certificate of allow for the review of more than 1,300 Achievement for Excellence in Financial Reporting. CAFRs/CUFRs in the coming year. Thereafter, 30 Designated individuals receive the Award for Finan. new SRC members will need to be added for every cial Reporting Achievement to recognize their role in increase of 120 CAFR/CUFR submissions. In an the government's receipt of the certificate. effort to continue to promote participation on the SRC and to update new and continuing members on technical and procedural issues, regional The year was highlighted by the receipt of more than meetings tentatively have been scheduled for the 1,000 eligible CAFRs/CUFRs which met the certifi- fourth quarter of 1987. cate programs eligibility requirements. Significant increases also were experienced in the number of Prospects for the future. The program achieved its CAFRS/CUFRs reviewed, as well as awarded, for goal in 1986 by providing results to participants in a first-time submissions to the program. As a result of timely fashion. The goal for 1987 is to obtain a five- the dedicated work of the Special Review Committee month turnaround time for all reports with the (SRC), the certificate program was able to achieve expected receipt of more than 1,200 1986 fiscal its goal of providing program participants with their year ended CAFRs/CUFRs. review process results within five to five and one-half months from the date the CAFR/CUFR was sub- More detailed statistics, including summaries of mitted. Almost all 1985 fiscal year-end reports were submissions and awards by state will appear in the processed by December 31, 1986. Certificate of Achievement program's annual report which will be published in the near future. The statistics presented in the accompanying table FY 1984 and FY 1985 Results indicate that the programs objectives are being met. submitted ola not The number of fiscal years ended in 1985 eligible awarded but not Submit Total toter for reports submitted was 1,030, an increase of 141 for awarded for for Fres (15.86 percent) over fiscal years ended in 1984. The Fred and Ffor Pfor Submissions number of certificates awarded was 833, an increase of 128 (18.16 percent) over fiscal years Awarded ended in 1985. This resulted in an award rate of for Fees 659 ee 66 833 80.88 percent for fiscal years ended in 1985. This Submitted 1030 high award rate can be attributed to several factors: but nal awarded FY85 29 63 05 197 • Only 4.12 percent of prior certificate holders Did not who resubmitted their CAFRSICUFRs failed to submitfor maintain their certificate; FYa.5 17 33 • 97.59 percent of certificate holders resubmitted Taal for to the program; FY" 706 184 191 . Taal for • 47.83 percent of the governments that did not FY" S{lA/loloee receive the certificate in 1984 did succeed in Submbs 669 1985; sions 4 OV ii.V21) a CERTIFICATE OF ACHIEVEMENT HOLDERS Minnesota - 1985 City of Albert Lea City of Anoka City of Austin City of Blaine City of Bloomington City of Brooklyn Center City of Brooklyn Park City of Champlin City of Coon Rapids City of Duluth City of Eagan City of Fridley City of Goodview City of Mankato City of Maple Grove City of Maplewood City of Minneapolis City of Minnetonka City of Moorhead City of Mora City of Plymouth City of Ramsey City of Richfield City of Robbinsdale City of Rochester City of Roseville City of St. Cloud City of St. Louis Park City of Saint Paul City of Shakopee City of Shoreview (new) City of Waseca City of Willernie Hennepin County Olmsted County (new) ' Ramsey County Washington County (new) Metropolitan Airports Commision (new) Metroppolitan Council of Twin Cities Area Metropolitan Waste Control Commission Minneapolis Employee Retirement Fund State of Minnesota (new) Western Lake Superior Sanitary District Housing and Redevelopment Authority of the City of Saint Paul (new) Total - 44 CERTIFICATE OF ACHIEVEMENT HOLDERS Minnesota - 1985 City of Albert Lea City of Anoka City of Austin City of Blaine City of Bloomington City of Brooklyn Center City of Brooklyn Park City of Champlin City of Coon Rapids City of Duluth City of Eagan City of Fridley City of Goodview City of Mankato City of Maple Grove City of Maplewood City of Minneapolis City of Minnetonka City of Moorhead City of Mora City of Plymouth City of Ramsey City of Richfield City of Robbinsdale City of Rochester City of Roseville City of St. Cloud City of St. Louis Park City of Saint Paul City of Shakopee City of Shoreview (new) City of Waseca City of Willernie Hennepin County Olmsted County (new) Ramsey County Washington County (new) Metropolitan Airports Commision (new) Metroppolitan Council of Twin Cities Area Metropolitan Waste Control Commission Minneapolis Employee Retirement Fund State of Minnesota (new) Western Lake Superior Sanitary District Housing and Redevelopment Authority of the City of Saint Paul (new) Total - 44 MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Dial-A-Ride/Van Pool Market Analysis DATE: February 25, 1987 Introduction• A market analysis of the dial-a-ride/van pool programs has not been completed for quite some time. The Energy and Transportation Committee believes it would be prudent at this time to survey the Shakopee residents in regard to effectiveness of both the van pool and dial-a-ride programs. Background• At the present time, a survey is being conducted of the dial-a-ride users. In addition to the dial-a-ride survey, the Energy and Transportation Committee is proposing that a comprehensive phone survey be conducted of the residents of Shakopee to determine the visibility, usefulness and effectiveness of both the dial-a-ride and van pool programs. The Energy and Transportation Committee has prepared a telephone survey which asks specific questions regarding both the van pool and dial-a-ride programs. The survey also solicits information regarding the characteristics of the survey respondent. Initially it was the intent of the Energy and Transportation Committee to hire an independent firm to complete an analysis of both the van pool and dial-a-ride programs. Cost estimates of this type of analysis ranged between $10,000 and $15,000. Upon hearing the cost estimates, the Energy and Transportation Committee felt that it would be just as effective to have a local organization conduct the survey on behalf of the Energy and Transportation Committee. The League of women Voters has been contacted and have agreed to conduct the telephone survey on March 5 & March 10, 1987 for a flat fee not to exceed $500.00. The telephone lines at City Hall will be used by the League of Women Voters to conduct the survey analysis. Upon completion of this survey, staff will analyze the survey results and determine a course of action based on the results of the survey. D MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: TenEyck Violation of City Ordinance for Storage of Waste Materials. DATE: February 25, 1987 Introduction• The property located at 502 East Fourth Avenue has been cited by the Code Enforcement Officer as being in violation of City Ordinance Section 11. 6, Subd. 2. Refuse. A court trail has been scheduled for March 5, 1987 for action on the alleged violation. Staff thought it would be appropriate at this time to update the City Council on the facts as they pertain to this case. Background• On September 9, 1982 the TenEycks received a variance to allow for seven vehicles to be parked off-street and uncovered, pursuant to the following conditions: 1. That the number of vehicles shall not exceed one vehicle per licensed driver plus two accessory vehicles. 2. one vehicle shall be sold within three months. In my review of the Board of Adjustments and Appeals minutes from 1982, it is clear that the primary intent of the variance was not to allow for the storage of stock cars but to allow the property owner to park more vehicles due to the large number of licensed drivers within his family. In 1985 the City Code Enforcement Officer cited the TenEycks for the storage of inoperable vehicles and insufficient licensing. The storage of waste material (refuse) was also cited by the Code Enforcement Officer at that time. This case was brought to court for preliminary hearing in October of 1985. At a subsequent court hearing on March 17, 1986 the case was continued for dismissal subject to the condition that the property owner clean up the property and bring it into compliance with City Code. In the fall of 1986 the Shakopee City Attorney was informed that the TenEycks had not complied with the court order and that additional court action was necessary. A court trail for action on this issue has been scheduled for March 5, 1987. A violations of City Code Section 11.6, Subd. 2 involves the unpermitted storage of waste materials, debris, refuse and garbage. I have attached several pictures for the Council' s review. I£ any of the Council members have any questions in regard to this issue, please feel free to call me. r+ 'f I T �• _ e. TAX RATES PAYABLE IN 1987 - COUNTY OF SCOTT, N.INNESOTA - RATE IN RATE IN CITIES: "'VALUATIONS .MILLS SCHOOLS: *.*VALUATIONS MILLS BELLE PLAINE 11,651,547 30.185 BURNSVILLE 46,120,518 69.427 ELKO 993,053 33. 733 LAKEVILLE 14,511,878 68.025 JORDAN 9,855,975 35.796 BLOOMINGTON 1,648,197 47.571 NEW MARKET 1,051,560 15.422 LE SUEUR 337,443 59.768 NEW PRAGUE 8,611,457 39.385 BELLE PLAIN£ 19,427,524 50.522 PRIOR LAKE 53,895,882 30.664 JORDAN 26,425,812 59.613 RURAL 23.116 PRIOR LAKE 85,810,053 55.902- PRIOR LIKE IV 8,171,157 . . _ 29.941 SHAKOPEE 124,518,859 72.038 RURAL 22.403 NEW PRAGUE 29,542,371 63.527 SAVAGE 14,188,799 28.367 HENDERSON 120,117- 57.678 SAVAGE II 33,166,710 27.393 LAKE - NP 160,140 - 72.304 SHAKOPEE 118,884,261-_ 17.790 RURAL - 9.518 SPECIAL DIST: _ HRA (SHAK) 118,884,261 .318 HRA (EX SHAK) 229,664,651 .299 TOWNSHIPS: MET COUNCIL 339,937,455 .666 MOSQ CONTROL 348,548,912 -.560 BELLE PLAINS 6,001,180 3.749 - MET TRANSIT - SP FIRE 4,509,791 2.069 *DISTRICT 228,306,809 3.418 JON FIRE 151,881 2.287 **AREA 111,630,646 .428 NP FIRE 1,339,507. . ` 1,264. LO MN WATER 141,740,411 .353 BLAXEL£Y 3,.435,002 9.449 PL-SL WATER 71,429,979 1.102 CEDAR LAKE 9,687,500 '-. - 4.775 CL WATER 3,279,034 1.424 NP FIRE 7,317,029 .883 REG 9 DEV 8,611,457 .156 NM FIRE 2,370,471 1.309 CREDIT RIVER 12,854,595 . 5.127 HELENA 8,380,575 5.533 COUNTY: 348,548,912 43.848 JDN FIRE 1,939,512 ..454 NP FIRE 6,441,063 1.040 +****+****++* JACKSON 5,072,544 ',.496 NOTES LOUISVILLE 5,935,369 - 3.651 NEW MARKET 11,104,323 - 3.532 VERM. w/m/0 6,855,745 .300 ` RATE ADJUSTED - SAND CREEK 8,638,331 5-676 `* COUNTY EXCEPT PRIOR SAKE, ST LAWRENCE 2,617,212 6,145 SAVAGE, SHAKOPEE, NEW PRAGUE BP FIRE 1,312,401 `" VALUES ARE ASSESSED VALUES . z> JON FIRE 1,304,807 x . 3533 UNADJUSTED SPRING LAKE 14,351,880 _ y.668 FOR TOTAL RATE ADD: - - COUNTY, CITY OR TOWNSHIP, SCHOOL PLUS FIRE AND SPECIAL DISTRICT AS APPLICABLE L9 � 3 T 3 K O � � R n Y. 00 a0 N p d J w h1 J n o Oa n •�'•� n w n o o w w V t� C n w >' Y. w oNH w n off m o0 0 0 � Ul N o n 3 3 3 0 3 m n n n wnn tll Y Y• • n m ❑ n O W N O 00 n � V An W ryJnO V nn p o C M n OEE o OCC r or n nG w o � aG � rt on `G ooh Ch � ro Y• n o v Y. ro Y W N r O W P J U� H n n wn � o R t7 3 tV] 7 W J n b •• O33 N ro N 7 B O w O G 9 K O` •O N U x H CJ 9 K N w J O P C9 9 r H LO N P V V � a /-.2947 0/;n scS �L iiu,nkna,w� l0$'1. � nsSo0A1 ES MEMO T0: Citizen's Advisory Committee BY: Jack Boarman BT: February 3, 1987 RE: Shakopee City Hall The commitee work began with a introduction by John Anderson, City Administrator and John Larue, City Councilman. Mr. Boarman reviewed the overall work organization and the general process through which the commitee would be working over the eight weeks. The meeting dealt with the following items: 1. John Anderson reviewed the overall city organization and stated the departments that would be included in the city hall study. Those that were excluded represented police, fire and public works and the associated working committees. A copy of the city organization chart was distributed. 2. Mr. Boarman distributed a introduction letter that listed the first meeting adgenda. The first item included a tour of the existing facilities which was held. After that the committee stated that they did not need to tour the community services building which they were familiar with. 3. A copy of the rough draft of the program for the city hall was 11stributed. It was stated by Mr. Boarman that the sixteen thousand S.F. was the maximum space area that was projected for the ten to fifteen year time frame. The range of projected area that had been discussed was twelve and sixteen thousand. The committee requested a comparison of the existing building area projected plan as well as the amount of space occupied by the city ten years ago. This was to lrclude staff projections, building area, and population. 4. The committee requested an illustration of the geographic areas of the community and the bridge alignment with scheduled implementation dates. 5. The Committee also requested a population forecast with a range from the metro council up to a projected potential . It was suggested that cities like Savage and Prior Lake be used as potential precedent examples for housing growth that could confront Shakopee. 6. The site issues were reviewed and the committee was informed that the council had decided on the two final sites. It would be put on the ballot for advisory vote at the referendum which would be held on April 28. The council would make the final vote to pick the site. The committees task was to review the size and scope of a building with the options to recommend (a) nothing be done (b) that the existing building was fine with addition and remodeling (c) that a new building should be built. With (b) or (c) option the committee was to make recommendations to the council on a proposed building size, appearance and cost effectiveness to the community. 7. The committee requested a review of the existing building from a standpoint of code, handicapped and safety compliance and acceptability. 8. The basic layout was requested for the existing building and any adjacent land that would be left over after the by—pass was put in for the new bridge. A comparison of the building program and the existing site and structure will be prepared and sent out to the committee. 9. The adjenda was discussed for future meetings. The dates that were set are 7:30 on February 12, and 26th, March 12th and 26th, and April 2nd. 10. The committee requested a slide show of similar cities and their respective city hall facilities. It was also presented that a similar facilities survey would be presented of comparable project staff and size. At the conclusion of the meeting it was agreed that the requested material would be forwarded to the committee by direct mail no later than February 6, 1987. If in your review of this memo there are items that are incorrect please inform me such that revisions can be made. Citizenis Task Force Member John Anderson City department heads Siting committee city council mayor PROCEEDINGS OF THE / DOWNTOWN AD HOC COMMITTEE CITY HALL COUNCIL CHAMBERS FEBRUARY 4, 1987 Chairman Laurent callod the mopting to order at 7:40 a.m. with rho follwing mombprs prpspnt: Gary Laurent, Terry Forbord, Harry Kohler, Jim Stillman, Pptpr Samos and Molanio Kahlock. Tim Roan. arrivod later. Mombors absent: Joo Topic and Bill Wormorsklrchpn. Also prosont worn John Anderson, City Administrator, Barry Stock, Administrativp Assistant and Dpnnis Kraft, Community Dovplopmpnt Dirpctor. Gary Laurpnt introduced Harry Kohlpr, now mombpr of rho Downtown Committpp. Tprry Forbord/Pptp Samos moved that tho agenda bo approved. Motion carried. Torry forbord/Jim Stillman moved to approvo tho minutos of tho January 14, 1987 mooting. Motion carriod. Mr. Stock lnformod the committpo that tho date for tho public boating on tho downtown rpdpvplopmpnt project has bopn changod from Fob. 10,1987 to March 10, 1987 at 7:00. p.m. At tho public boating, staff will bo rocommonding that thp downtown project bo dono in tho following phases: Phase I 1987 Construction Soason Rodov.- Sommprvillo 6 Ivwls Stropt (1st to 3rd) 2nd Avonuo - Holmes to Sommorvillo 1988 Construction Soason Rpdpv.- Holmos, Pullpr & Atwood (1st to 3rd) 2nd Avenue (Atwood to Holmos) Rehab.- 3rd Avp (Sppncpr to Shumway) Scott, Atwood, Fullor, Lowis Sommprvillo, Sp+ncpr(3rd to 4th) Phaso II 1991 Construction Soason Red-v.- 1st Avpnup (Atwood to Sommorville) Staff is also rpcommpnding that 3rd Avpnup by takpu out of the projoct and bo complptpd as a spparatp project which would oliminatp the asspssmpnt problom on Third Avonuo. Tho City Administrator psplainpd that the Council could spud out specs for both Part I 6 II of Phaso I at tho samo timo in order to obtain bottpr prices. In rpvipwing rho asspssmpnt strategy staff is rpcommpnding that credit bo given against rohab for ostra curb roquirod for stroptscapo, for ostra width sidewalk and for pntprprisp (gate valves and manholes) fund work. Credit would not bo glvon to rpsidpntial rpfprrals for Astra road width and 9 ton design or for additiion for functional strppt lighting. Downtown Committeo February 4, 1987 Pago -2- A lengthy, discussion was hold on whpthpr or not a now petition should ba circulated to satisfy criticism of the prpsont petition. -Thp City Administrator informod the COmmltte- that although thprp appears to by no technical flaws in tho prosent potition a lawsuit could sot the projoct back a year. Thp consensus of the Committpp was that thoy worked hard and long on this project and had Bono a good job on it. Concossions and reductions havo bopn =do in the assessments and thoy boli-vo ppoplp who understand it will want tho improvomonts. Additionally, the Committop felt that procppding to rpcirculatp rho pptition would by like admitting that tho first potation was invalid. Melanio Kahlock/Jim Stillman movod to keep tho downtown r-dov-lopm-nt project momontum moving forward. Tim Kpano/Terry Forbord offprpd tho following amondment: and that rho Downtown Committ-e continuo its support for the Downtown Str-pt Public Lmprovom-nts and that the Commltt-o supports tho project asspssm-nt policies as amended and adoptod by the City. Motion on amondmont carried. Motion carried unanimously. Tim Kpano suggpstpd using the media and other chamois of communications to got rho facts and information out to too public. A sub-committee consisting of Tim Koanp, M-lanip Kahlock, Torry Forbord and Harry Kohlor will work on this project. John Andprson roportpd that a Committee of 25-30 citizens is trying to dptprminp how much space is nppdpd in the now City Hall. Thoy plan to moot throo or four mor- timos b-ford making their final report. Mr. Andprson rpportpd that Mpritor Dpvplopment corporation had a markpt study don- on residential building in the City. According to their report th- Council has boon rathor slow pursuing rosidential dpvplopment. City staff was askod to call the company that is to install the lights on th- parking lot on a daily basis in hopes that thoy will completp tho installation without further dolay. Tho most m--ting will by hold Fob. 25, 1987 at 7:30 a.m. Tprry Forbord/P-t- Samos moved to adjourn at 9:10 a.m. Motion carri-d. DBS/pss PROCEEDINGS OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 15, 1987 Chairman Ziegler called the meeting to order at 7:30 P.M. with Commissioners Schmidt, Weeks and Spiotta present. Commissioners Allen and Schwartz were absent. Barry Stock, Administrative Assistant; John Anderson, City Administrator and Susan Moore, Department of Energy and Economic Development (DEED) were also present. Schmidt/Weeks moved to approve the minutes of the October 23, 1986 meeting as kept. Motion carried unanimously. Mr. Stock then introduced Miss Susan Moore of the Department of Energy and Economic Development. He explained that Miss Moore was the staff person at DEED who is responsible for the administration of the Community Energy Council Grant Program. Miss Moore then went through apresentation which indicated the ' alternatives that the City of Shakopee could pursue in conjunction with a Community Energy Council Grant Program application. Miss Moore briefly explained the following five home energy programs: 1. Home Energy Check-Up, 2. Neighborhood Energy Workshop Program, 3. Seniors helping Seniors, 4. State Energy Rental Code Enforcement and 5. House Doctor Program. A brief slide show was reviewed by the Committee which indicated the primary sources of heat loss which commonly occur in residential households. Mr. Stock pointed out that the Community Energy Council Grant Program is an attractive source of funding because it provides up to $15,000 for each year in a two year period with only a 10% local match. Miss Moore stated that she thought it would be appropriate if the City of Shakopee contacted Minnegasco or the local utility to request funding assistance in any program that they intend to develop. The consensus of the Committee was that it would be appropriate for the City to develop a grant application which identified a target audience and some type of home energy program. Mr. Stock informed 'the Committee that he would continue to monitor programs offered through the Metropolitan Council for funding recycling related activities. However, the majority of the programs developed to date are geared towards the communities of Minneapolis and St. Paul. He stated that he would continue to lobby the Metropolitan Council to develop programs that will benefit any City in the Metropolitan Area regardless of its size. The Committee then went through a brief goals and objectives session to identify the direction of the Committee in 1987. Following is a brief listing of the goals to be achieved in 1987: 1. Implement a home energy program via the Community Energy Council Grant Program. 2. Achieve the solid waste goals for the City of Shakopee as identified in the Scott County Solid Waste Master Plan. 3. Investigate the possibility of a compost site in Shakopee. 4. Expand the recycling program to include apartments. 5. Investigate the possibility of expanding the dial-a-ride service to weekends and out of town trips. 6. Pursue the implementation of a reverse van pool route. 7. Investigate the possibility of an internal circulator connection with the Eden Prairie service. 8. Improve the communications of the overall transportation issues between the City of Shakopee and the Energy and Transportation Committees. 9. Continue to educated ourselves on issues which affect solid waste, energy conservation, and transportation. Mr. Stock stated that he would put the final goals and objectives in a final format for the Committees review and action at their next meeting. Chairman Zeigler left the meeting at 8: 45 p.m. Mr. Stock reported that he had met with the transportation coordinator for the Eden Prairie opt-out system. He went on to state that the possibility existed for establishing an inter connect between the Shakopee system and the Eden Prairie system. The primary purpose for pursuing this type of service would allow us to eliminate the need for a back-up vehicle and also provide an alternative source of transportation for those residents who cannot currently get to Eden Prairie via our van pool program. Additionally, we could then pursue the possibility of eliminating those van pools that are not effective. ' In order to determine the effectiveness of such an interconnect system, staff is recommending that a market analysis be conducted to determine potential ridership levels. Mr. Stock suggested that a survey be conducted on both the dial-a-ride and van pool programs. A brief dial-a-ride survey was presented to the Committee for their review and comment. Mr. Stock stated that the dial-a-ride survey would be handed out on the dial-a-ride vehicles and collected by the dial-a-ride drivers. To get a more representative sample of the community, Mr. Stock suggested that a telephone survey be conducted of the residents. Mr. Stock stated that the cost of a telephone survey from an independent source would range between $5,000 and $15,000. With this in mind, staff is recommending that a survey be developed and conducted in house. A random sample of telephone numbers and residents can be obtained from Northwestern Bell for a minimal cost. The actual survey can be done for a small fee by one of the many organizations in Shakopee. The Committee then reviewed the telephone survey. Commissioner Spiotta suggested that a question be included to ascertain the respondents address. John Anderson suggested that a question be added to discover whether or not the residence were aware of the subsidized nature of the dial-a-ride and van pool programs. Commission Spiotta also suggested that a question be added to the survey to discover the work destination of the survey respondents. Mr. Stock stated that he would prepare a final survey for the Committees review at their next meeting. Mr. Stock then presented the dial-a-ride and van pool monthly reports to the Committee for their review. There being no further discussion, Vice Chairman Spiotta adjourned the meeting at 9:15 p.m. Barry A. Stock Recording Secretary. F7-RUCY ., 1967 Chairman -Mia called the meeting to order at 7;42 p.m, with ^,omm. Johnson, *'an Tialdeghem, Pomerenke, Schmitt, Rockne and 7oudray present, !iso present were Dennis Kraft, ;ommunity Development Director; John i;• Anderson, ^_ity Administrator; Barry Stock, Administrative Assistant; and Cncl. Clay. Rockne/Pomerenke moved to approve the agenda ne written. ?[otion carried unanimously. -^,hairman Czaja passed the gavel over t., the Community Development Director for election of officers. ;zaja/Schmitt moved to nominate Jane Van8:aideghem for Mairman. Motion carried unanimously. Hockne/--zaja moved to close nominations. ''otion carried unanimously. Schmitt/Czaja moved for a unanimous ballot for Jane TanMaldeghem for Chairman. 'lotion carried unanimously. the gavel was passed to Chairman 7anv°aldeghem. Pomerenke/Schmitt moved to nominate Dave Czaja for Vice Chairman. Motion carried unanimously. Schmitt/Czaja moved to c .ose nominations. Motion carried unanimously. ,budray/Schmitt moved for a unanimous ballot for Comm. Czaja for `lice Chairman. -Notion carried unanimously. - =oudray/Schmitt moved to approve the minutes of January 8, 1997. :Sotion carried unanimously. ,FDIC n':.lR-? G - Consider rezoning of 7i.2 acres located in °on 7 _o.mship 1.:�., jenge 22.. from 'b to r: Tacks^n i�usiness Czaja/Sohmitt moved to open the public hearing to consider the rezoning I' of approximately 71.2 acres of property located in Section 7, Township 115`., Range 22:i, from _-^.o- to R-2. :.otion carried unanimously. Chairman VanP;aldegnem asked if there was anyone from the audience who wished to address this issue. Schmitt/Pomerenke moved to continue the public hearing to the April Planning ^,ommission meeting. Sotion ca-Tied unanimously. Pl&=inC 'oLZ:�19530. ?eorua^' j, '.097 Page -2- ___ ,onsider Pine' Plat of Yarissc -ddition located at 1R^7_ zaja/SopdrK• coved to open the public nearing to consider the final plat of Yarusso :addition lying on the property located at 1503-1395 7,a.Ile Creek Blvd. ?lotion carried unanimously. Chairman ':'an".;aldeghzm asked if there was anyone from audience who wished to address this issue. There was no response. ,Chmi't/Czaja moved to continue the public hearing to the April Planning Co=ission meeting. Motion carried unanimously. P".TT1T ft 4-"; - amendment to Con,'.itional Hae Permit ---3?4, Thema;. .1'_en Too. Czaja/?;ockne moved to open the public hearing to consider an amendment to Conditional use Permit -Resolution No. :x-334 to delete a condition, which requires a person with a minimum of 5000 hours experience of working with mentally retarded in the event that person is the only supervisor in attendance on property located at 1111 East '":ird Avenue, b:otiDn carried unanimanaly. the ^ommunity Development Director said nothing could be' found in the State statutes regarding the 5000 hour minimum requirement for a supervisor. in the three years of operation there have been no problems with the neighborhood. Concern was expressed by Comm, Schmitt and Czaja on having anyone under age 21 hired for the night shift. Dave Petermann owner of Thomas ;11en !no, said they have not been hiring under age 21 for the night shift. Chairman „an':;aldeghem asked about what experience was necessary for hiring anyone 21 years. Chairman Van".faldeghem asked if there was anyone from the audience who wished to address this issue. Ihere was no resonse. Pomerenkef3ocLnue moved to clone the lublic hearing. : Jtion carried unanimously. Tbudray/Por,erenke moved to amend onditional Use Permit --334 by deleting condition ,fl as follows, "in the event that there is a single person in attendance at the residence that person have a mini=ms of 5000 hours expert ence in dealing with metally retarded", and move for its adoption. Tt is farther recommended that a new condition be attached which indicaies that any staff working the night shift (from 11 P.M. - 7 A.H.) shall have completed the following prior to working this shift ala e. A. ^ ? Training B. ':edictal Orientation ., i;edication Orientation D. P'=;;::; Director's Orientation lead _7C's Irientation 19S7 Forge _3' Purther:ore all staff x_r;:ing the night shit shall meet tae following .ongoing trainiag/inservice requirements: A. !.'.tend quarterly safety and training meetings, �. 'ttend tenant/staff meetings as directed b-- the Program director to ins ude a minimum of he annual C_T1, training oral Vulnerable Adults training, ,arthermore all staff working the night shift alone shall be at '_east 10 years of age and have at lest one Year of wor':ing experience. if the forementioned staff does not meet this requirement they will work a minimum of two mo.ais under the supervision of the Program Director or Lead impart— ment Living . 00rdinator before working the night shift. 3urthe_..:cre, oro staff under the age of 19 will be fired Tor night shift work, ;:otion carried unanimously. 3chmitt/^zaja moved to amend the motion to delete the hours and let the term "night shift" stand on its own merit and delete the second sentence in the last paragraph reading "if the forementioned staff does not meet this requirement they will work a minimum of two months under the super— vision of the Pzogram Director or Lead Apartment Living Coordinator before working the night shift," '-lotion carried as amended. PTBT`C HEAR7" — Preli^.inary and Final Plat of Horizon ;_F,eights 4th !addition, Walt _tWUenhardt. Schmdtt/Czaja moved to open the public hearing to consider the preliminary and final plat of Horizon Heights.Ath Addition lying on the property located south of County Road 16, north of county Road 42, east of ;iuhlenhardt Road and west of Hwy 13. Riotion carried unanimow.ly. The Community Development Director said the plat consists of 48 lots and is consistent with the Comprehensive Plan. t this time he said the 10 foot drainage easements need to be shown and a park dedication fee has to be made, there are also several drainage problems along uhlenhardt Road wh_ch need to be addressed. ^ommissioner ^.zaja had a question with regards to the lot sizes and if there were any wetlands associated with this area. He asked if the term useable_ land relates to plotting as well. The City Administrator said it is perhaps related to park dedication. ^onsensus of the Commission was that the plan as submitted is inadequate and should be sent back to the applicant for further completion of the plat. Ralph Cood, Bloomington, said he owns some land to the west and asked if this would effect him in any way. The Community Development Director said it would not. -hairmar, ' an:aldeghem asked if there was anyone from the audience who wished to address this issue. ':ere was no response. Planning :om_:ission . �Ieoraary 5, 1987 'age —y— Schmit Plockne moved to continue -:.e public hearing to the _.pr__ _...mins ^.ommission meeting. Tot-on carried unaninossly. Scimitt/3ockne moved for a 10 minute recess. 'i0tion carried unanimously. Czaja/Pomerenke moved to reconvene at 8:$5 p.m. ,otion carried unanimously. P:7D:'^ .' 7"7A-2;, — ;onditicnal Use Pc^.lit to ailor nut side sLorage of con— struction equ_pmea, Tang. ticmz:, and ,lames C'3rien. ,zaja/Fomerenik= moved to open the public hearing to consider an appl'catior, for a conditional use permit to allow outside storage of construction equipment ui+on the propeerty located on lots 1-10, 31ock 174, City of Shakopee. ?:uticn carried unanimously. The Community Development Director reviewed the conditions that need to be met by the applicant such as, screeni.uig fence around the entire rear two—thirds of the lot; time schedule for completion of project; parking lot material being concrete or asphalt; and screening cf roof top mechanical equipment, if any. Comm. Pomerenke said he looked at the site and there is some vegetation on the west end of the property in the rear which have a height of about 8 feet and a fence probably could not be seen. Comm. Schmitt said the rear yard fencing will not do a lot for the screening but will do more for the security due to the proximity of the residential neighborhood, Jeff Raines, 1109 W. 3rd Avenue, said his property adjoins the applicants property and when this was rezoned he did not receive a notice. He had a concern over his privacy with all the cranes and other equipment which will be stored there. Thomas ^dman, applicant, said they have no problem with screening the entire west end of the property to nro•vide the adjoiting property owner with privacy and security. Ea said the maximum height of equipment will be 12 to 13 feet aid they will not store any equipment directly against the fence line, Kr. Raires asked if the vote could be held over for a month so he could have time to consult with his attorney and the applicant on these plans. Doudray/Schmitt moved to continue the public hearing for 30 days until March 5, 1937, Comm. zaja asked if the issues of control of flames, odor, dust, lighting end all other issues that deal in the criteria .for a conditional use permit be addressed in the staff report. Motion carried unanimously. . -=ar�.ing :nmrissio.^. 'a_e -5- to a'lo+: a encu-^e - C2ajajockne moved to open the public hearing to consider an amendment to conditional use permit resolution -375 to allow a change in hours of operation for mini;;g operations from 7:00 a.m. to 7:00 p.m. to G:00 a.m. to 10:00 P.M. ?Motion carried unanimouL ly, i '_3c Co..—unity Development --j actor said the applicant is reque=ting to extend their hours of operation, one of the advantages they stated to this request is that during the time they mine limestone it has to be done in a dry environment, meaning they pump water out of the quarrj in order t; mine i . They are estimating that they could crush an adequate amount of lime stone in a G-3 week period. Discussion ensud on installing a street light at the location of their driveway with _77ighway 101, which should provide additional safety at the intersection during hours of darkness. Zi^.da Schutz. said the truck traffic will involve about 3 dump trucks going from the p't over to the storage piles with crushed material. She did not think that they would be leaving the pit unless one of the employees drove the dump track home and wcald be returning in the early morning hours. ',oma. Szaja brought up the possibility of looking at a 3 month variable condition for this operation and also the possibility of being able to run 24 hours a day since the crasher will be refined in the pit and the noise level will be greatly reduced. Chairman ';anMaldeghem asked if there was anyone from the audience who wished to address this issue. Ihere was no response, I Roudray/7chn4tt moved to close the public hearing, '_o'.ion carried ' Soh.:.41t/3oc'hcne moved to amend -Oorditianal ;;se permit ,;'375 by expanding the boss of operation Eros, o:CO a m. to 1G:CO p.m, for a period of 4 months ' annaa.:ly. _ne applicant be al_owed on a trial basis to operate 24 hours a day if he can show cause that the total period will be less and that staff recommendation for lighting at intersection 1031 be deleted on the r. basis of the applicant's testimony and the a;ended conditional use per,,.,=t be subject to a one year review, lotion carried uamnimouc1y. Discussion ensued on the J.!,. 3,hiely Company's operation elan for 1937, ^omm. ^.zaja asked if the present installation of the pumps if they would be pumping at all during the shut off time or pumping at a reduced level. ;.r. Oannaway, Shiely Company replied that they should not be pumping al all. 3chmitt/• zaja moved to accept J.D. Shiely Company's operation plan for 19S7. ;lotion carried unanimously. I 'aanning Commission Pebrua^y 5, 19'_7 Page -6- Schmitt^,zaja moved to accept the legal opinion of building over lot lines submitted by City Attorney. :lotion carried ura.imousl . parry Stook, Administrative Assistant, reviewed the proposal from Gary "saurent and ;i. Tom Haugen for development of a 200 acre site near C'Dowd take Park consisting of a residentin.= development and 19 hole golf course. Gary Laurent reviewed the plans with the Planning ;ommission saA,ing that the land is located north of O'Dowd ;lake. ;hey currently have secured osmers ip of most of the property involved. Tom 7aagen is currently a consultant with about 90 golf courses within the state of .'Unnesota. Mr. Haugen addressed the Commission saying that golf has gained rapidly and there is a need for golf courses in the Twin 1ity area. There will be a club house built which w_ll have limited membersh_p. The parking lot will be on 79 for approximately 120 vehicles. They are proposing about 88 single family building sites and along with that there will be four 6-unit single family attached on .the south border of the City pork. Comm. Czaja asked what the average lot size would be. Air. Laurent answered the lot sizes will vary from 19,000 to 25,000 square feet. Toncre is one cul de sac that is longer than usually allowed. There is a possibility of providing an emergency access to the club house. 't is in the developers plan to do an individual soil analysis of each lot to determine that each has suitable conditions for sewage disposal. Comm. Schmitt brought up the possility of some sort of community water system but not a community sewer system.,, Mr. Laurent replied that they w_11 investigate that possibility further. Price range of residential property will be from X100,000 toj00,000. .:r. Laarent addressed the P.Q.D. restriction of Ordinance No. 206 regarding clarification on private water service may be allowed, no mention is made of sewer service. Comm. Schmitt said that some provision be allowed that would allow for smaller lot sizes so that community water service might be available. Discussion ensued on the possibility of using trade-offs to incorporate the 20 acre parcel currently not in the development. Chairman 'IanA;aldegham asked if there was anyone from the audience who wished to further address this issue. ^here was no response. Concerns were raised by Commission members as to the density of residential houses and sewer. Rce'.me/Schmitt moved for a 5 minute recess. 7'otion carried unanimously. FoudraylZchmitt moved to reconvene at 11;05 p.m. [ction carried unanimously. tarry Frank, A:eritor Development Corporation reviewed their plans for a residential development they are proposing for the City of Shakopee. County Road 79 is the west properly line, llth Avenue is on the north, the south property line is the -___ -pass. The development is proposed to be in the Roberts Pit area. C__. ._r. was presented to the council on February j and a few of thei a_-._,,-.r_.- _.. e bean reworked._ There is proposed to be approximately 339 r _ .... - —at the City world be responsible for is bringing ..-r z-.,s. :.._ ugh, =th Avenue would have to be upgraded, and vatermadn would have to be 'brought downn, to the ll development. ue two main concerns the City Council had were lith Avenue not going all the way t_xodgh and lots fronting on the collectors street. ^.omm. �zaja said that one cul de sac appeared is be over the licit in length and asked that some reworking on that be done. *!r. Gerald Poole said that most of his concerns raised at the pity council meeting have been answered. Sch-itt/7za,ja moved to accept some from the ^om, ity Deveiopment Director dated ,?anuary 26, 1967, regarding questions raised at the Sanuary 6, 1967 Planning Commission meeting with one change Leat item '-'2 be changed to reflect R`.' park instead of mobile park. Potion carried unar.imously. The Community Development Director said a public hearing has been set up for consideration of rezoning certain property around Fairest .^",ade Foods Inc, and a creation of a new district (industrial ?lamed District). the public hearing w7ll be set for Thursday, February 12, 1957, at 7:30 p.m. Comm. Schmitt asked the Comxuaity Development Director if anyone has investigated the home occupation at 911 So. Holmes. Foudray/Schmitt moved to adjourn. Motion carried unanimously. iieeting adjourned at 11:45 p.m. Dennis Kraft Cos. Uty Development Director Carol Schultz Recording Secretary 1.;s5 /Y .,-7JITI1' =1_7"IT --,,..:P A_^� _.,,=]-A-;. 5 103.,, Chairman Czaja called the meeting to order at 7:715 p.m. with ^ouch. Schm_tt, ?budray, Rockne, Pomerenke, Johnson and `ian'ialdeghem present. :.iso present were Dennis Kraft, Community Development Director; John ". ';nderson, :City Administrator; Rarry Stock, Administrative kssistzat;-and ^ncl. Clay, The agenda was approved as written. ^,hairman ^zaja turned the gavel over to the Community Development Director for election of officers. Czaja/Schmitt nominated Jane ','anMaideghem for Chairman. Motion carried. .Schmitt/Pomerenke moved that nominations be closed. Notion carried unanimously. Schmitt/Czaja moved for a unanimous ballot for Jane vanMaldegbem for Chairman. The gavel was passed to Comm. 7anbialdeghem. Pomerenke/Tbudray moved to nominate Dave Rockne for mice Chairman. Rockne/Schmitt moved to nominate Dave Czaja for "ice .Chairman. Roekne/ zaja moved to close nominations. Notion carried unanimously. Roll Call for Dave Czaja: Comm. Czaja, Rockne, Schmitt, '7an!4aldeghem Roll Call for Dave Rockne: Comm. Jobnson, Pomerenke, %budray Rockne/Pomerenke moved to approve the minutes of January S, 1987, with amendment showing Comm. Schmitt absent. Notion carried unanimously. 3chmitt/^.zaja moved to adjourn. i:otion carried unanimously. '-eeting adjourned at 7:41 p.m. Dennis :raft Community Development Director Carol L. Schultz Recording Secretary PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA FEBRUARY 12 198T The Community Development Director called the meeting to order with Comm. Rockne, Schmitt, Foudray, Johnson and Pomerenke present. Comm. VanMaldeghem and Czaja were absent. Also present was Cncl. Clay. Rockne/Pomerenke moved to nominate Comm. Schmitt as acting Chairman. Motion carried unanimously. Pomerenke/Rockne moved to close nominations. Motion carried unanimously. Rockne/Pomerenke moved to approve the agenda as written. Motion carried unanimously. PUBLIC HEARING - New Zoning District (IPD) Fairest Made Foods. Rockne/Foudray moved to open the public hearing to consider creation of a new zoning district, the Industrial Planned District (IPD) and the Rezoning of Certain Properties from B-1 to IPD. Motion carried unanimously. ! The Community Development Director said the parcels of property being considered for rezoning are the south halves of three blocks located between Fillmore and Minnesota Streets, between 2nd Avenue and the railroad tracks on the south, and the alley between First and Second Avenues on the north related to the Fairest Made Foods property which is located at 134 So. Main, presently zoned B-1. It is currently a non-conforming use and can remain there but cannot expand in that zone. The Planned Unit Development process would require the Planning Commission to hold a public hearing for any development proposal. The uses that would be permitted are: A. Animal Hospitals/clinics B. Accessory Uses C. Assembly/Storage of: apparel food products (excluding slaughtering and rendering) glass pottery lumber & wood products paper products textiles D. Banks E. Car Washes F. If abutting a state highway: -auto service stations -hotels -motels -restaurants-class I G. Limited food Processing H. Offices I. Open Sales Lot J. Public Buildings K. Retail Businesses L. Wholesale Businesses - n; F�braary 2, -„ ,,omm. Lomereskv asked if this development would glace a_„y restrictions on existing uses that are not currently in the B-1 zoning. The .ommunity Devo`3nment -irector answered that any uses p_esen4ly erictino could continue to exist but would be non-conforming. ..^;omm. Schcitt asked if this would pertain only to areas adjacent to railroad tracks. -10mcrunity Development Director answered that it does- pertain to railroad tracks according to discussion of City Council. ,. .w_. Schmitt raised a co--cern over the parking occuring near a residential environment and thsi any parking requirements that would apply to an industrial t_pe district e,,00ld also apply for this district which would require off—street parking and all parking s oald be onsite. ^.oma. Schmitt asked if there was anyone in audience who :.wished to address this issue. John _eroux, 10;1 Swift Street, Shakopee, member of S:.akopee ;;;ty Ouncil, said that this is not a finished product and it is brought up to the Pluming Commission strictly for input. it was also the consensus of the Commission to exclude the Central Business District from this rezoning ordinance. Bill Jongquist Fairest !",ads zbods Inc. asked what the zoning was previous to this. The Community Development '_;rector said that it was zoned g-1 - from 1952 to 1955, then it was rezoned to 3-5 until 1979 and then at that time it was zoned 1-1. -a asked about maxim building heights and why the limit is 25 feet. Be also had a concern about they oading and service areas not facing directly on a public street. Mr. Jongquist also raised a concern over the r-ouirement that "no overnight operation c£ semi—trailer or truck refrigerat-: ., s shell be allowed” he elated that electric units are not nc- would not be objectionab'_-e. lois Bruce, 403 , =rd Avenue, said that ?illmore street is not a dead end street, it stops cmc because of the railroad tracks and that it is also a run for the buses. Beverly I'oe_nen, 2035 County ;:cad 93, owner of t'ze south half of block 2, said she was not given a notice of this public hearing, and at this time side is against this rezoning and would like to cors:alt with her attorney on this matter. She ticked why her piece of property was even bein considered. The Community Development Director said that ;t would set a dangerous precedent to create a new zoning district and have only one property owner affected by it. ^_r.cl. Slay said that the idea was to make the rezoning a large enough area no as not to be construed as spot zoning. 4he two a3join_,g pieces of prcparty have the same characteristics as ':r. Jongquist property. Becky incius, 520 7. 1st Street, said that she is interested' in keeping ^:r. Jongquist,.here in Shakopee. Planning Commission February 12, 1987 Page -3- Chairman Schmitt expressed a concern that there would be adequate parking for Mr. Joagquist employees on site, so that they would not have to park on the street. Cncl. Lebens replied that parking near where she lives would not bother her if it meant keeping this business in town. Ms. Hester, (South side of street), said she is not concerned with parking near her property and the noise coming from these trucks will be nothing compared to some on Main street. Beverly Koehnen said that since she ,Just received the information last night and has not had a chance to research it properly, at this time she is neither for or against this rezoning. She asked if the Commission could hold off their decision for a few weeks to give her time to consult her attorney. Anita Lilienthal, 714 E. 1st Street, questioned the possibility of having a 45 ft. height. She would be against it if the building next to hers would want to expand vertically. Lois Bruce, 403 E. 2nd, asked if a house that is currently on the historical society register would have anything to say about this rezoning. The answer was a house on the national register of historic places list would not alter the decision for rezoning. Discussion ensued on the possibility of raising the height limitation and what effect that would have on the neighboring properties. Dennis Foster, owner of condos south of bank, said that a height of 35 feet would not block out any noise from the railroad track. Terry Forbord, 2103 Bridge Crossing, Shakopee, said that he would not like to see Mr. Jonguist business leave Shakopee, but as a broker and developer he said an analysis should be made as to the long term and short term effects of a decision such as this rezoning. He does not feel it is in the best interest of the City to rezone this property, and that a more suitable location within the City would be preferred. Pomerenke/Johnson moved to close the public hearing. Motion carried unanimously. Pomerenke/Rockne moved for a 10 minute recess. Motion carried unanimously. �. Chairman Schmitt called the meeting back to order at 9:30 p.m. Discussion ensued on each of the sections within the ordinance and changes were incorporated. Comm. Rockne said that he would like to have the zoning district changed from Industrial Planned District to Urban Redevelopment District (URD). Section II should have language imcorporated excluding the Central Business District from the ordinance. i Planning Commission February 12, 1987 Page -4- Permitted Uses: Limited Food Processing should be eliminated and included in Assemble/Storage of food products. Under Retail Businesses, only uses in B-1 District or B-2 uses that exist in the district plus those listed in item C under Assembly/Storage. Lot Area, Width, yard and Coverage Building Height will remain the same with wording of height limitation be the same as the zoning that is to be overlayed. Incorporate parking under Subdivision 4 or 5, stating that the parking requirement be the same as to the zone that this is to be overlayed. Mr. Pomerenke said he has concern over what long term effect this rezoning might have between the railroad track and 1st Avenue property. The Community Development Director asked if electric refrigeration units could be allowed in the ordinance, instead of deisel. Comm. Schmitt said that overnight parking of units could be allowed in the overnight loading area only if that area is screened. Foudray moved for the adoption of the ordinance as per staffs recommendation of memorandum dated February 7, 1987, as originally published. Motion failed due to lack of second. Rockne/Johnson moved to submit a proposal for an urban redevelopment district as outlined by staff with changes discussed by the Planning Commission as amended by the Planning Commission. Motion fails with Comm. Foudray, Schmitt and Pomerenke opposed. Cncl. Lebens 'asked if Planning Commissioners would state their reasons as to their opposition to the rezoning. Comm. Schmitt said he has a problem with the size and the long term implications of this rezoning on the city. Comm. Foudray replied that he stands behind the staff recommendations without the amendments. Comm. Pomerenke said that with the new facts presented, and with the long term impact that this might have on the City altered his original way of thinking. Comm. Schmitt asked if there were any further motions. There was no response. Rockne/Pomerenke moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:20 p.m. Dennis Kraft Community Development Director Carol L. Schultz Recording Secretary TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee, Nal March 5, 1987 Chairperson VanMaldeghem Presiding 1. Roll Call at 7: 30 P.M. 2. Approval of Agenda 3. Approval of February 5, 1987 Minutes 4. 7: 30 P.M. PUBLIC HEARING: Request for variances to allow the following: 1) two area identification signs, 2) one sign to exceed the allowed height by 20 feet, 3) a second sign to be located within 5 feet of the front property line and 4) the second sign to be only 1 foot off the ground upon the property located at County Road 89 and 13th Avenue. Applicant: Jack Van Remortel (Backstretch R.V. Park) Action: Variance Resolution #481 5. Other Business 6. Adjourn Douglas K. Wise City Planner CITY OF SHAKOPEE TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN March 5, 1987 Chairperson VanMaldeghem Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of February 5, 1987 and February 12, 1987 Minutes 4. 7:40 P.M. PUBLIC HEARING CONTINUED: To consider an application for a conditional use permit to allow outside storage of construction equipment upon the property located on Lots 1-10, Block 174, City of Shakopee. Applicant: Thomas Edman & James O'Brien Action: Conditional Use Permit Resolution #480 5. 7:50 P.M. PUBLIC HEARING: To consider renewal of Conditional Use Permit Resolution #465 to operate a commercial recreational use; a bicycle motocross track upon the property located on County Road 16 in the SW 1/4 of Section 5 and NW 1/4 of Section 8. Applicant: David Fischer Action: Renewal of Conditional Use Permit Resolution 4465 6. 8: 00 P.M. PUBLIC HEARING: To consider an application for T Conditional Use Permit to operate a bed and breakfast facility upon the property located at 314 South Scott Street. Applicant: Dennis & Judith Clausen Action: Conditional Use Permit Resolution # 482 7. 8:10 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to operate a truck maintenance garage upon the property located at 8949 - 13th Ave. East. Applicant: Q Carriers Action: Conditional Use Permit Resolution #483 8. 8:20 P.M. PUBLIC HEARING: To consider the preliminary plat of Hauer' s 4th Addition lying on the property located North of 13th Ave. , South of CR #16 and East of Hauer's 1st Addition. Applicant: B & D Development Action: Recommendation to City Council 9. 8:40 P.M. PUBLIC HEARING: To consider an amendment to the Shakopee City Code, Sections 11.40; Subd. 2C, Subd. 3 and Subd. 4F to allow private sewer service subject to City Council approval, to allow an increase in lot densities above the standards of the zoning district most similar in function to the proposed use and to permit mixed uses subject to City Council approval. Action: Recommendation to City Council 10. 8:50 P.M. PUBLIC HEARING: To consider a request for a preliminary Planned Unit Development for a golf course project upon the property located North of O'Dowd Lake Park, South of County Road 77, East of County Road 79 and west of Timber Trails Addition. Applicants: Gary Laurent & Tom Haugen Action: Recommendation to City Council 11. Discussion: a. Shakopee Jaycees Fund Raising Project b. Opinion on Valleyfair' s Sign Request 12. Other Business 13. Adjourn Douglas K. Wise City Planner CITY OF SHAKOPEE /7 February 25, 1987 Joan Lynch, Chairman Shakopee School Board To members of the board: I reluctantly write to advise you that I am submitting my resignation as the school board appointee to the Shakopee Community Services Board of Directors effective immediately. Family and business priorities have caused me to make this most difficult decision. The election of new officers for 1987 was to be completed at the February meeting. Due to the long agenda the election was postponed until the March meeting. As the current Chairman, it is perhaps well that the election had not taken place. I finally made my decision late Monday evening after our meeting; so the "changing of the guard" can occur with the [larch elections. Thank you very much for your support and cooperation over these last several years. Sincerely yours, Fred/ Jur iez cc: George Muenchow, Director John Anderson, City Adm. Ke�ys eke eo FELCEIV��9 FEB 261981 CITY OF SHAKOPEE /9 Memo To: John K. Anderson, City Administrator From: Marilyn M. Remer, Personnel Coordinator Re: 1986 Employee Assistance Program Usage Date: February 27, 1987 Introduction The City contracted with Process Dynamics, LTD to provide employee assistance .services for 1986 for a fee of $869/yr to be adjusted at the end of the year based on employee usage. Backeround Attached are the year-end statistical reports for the actual services utilized. An 8% program utilization had been projected with the actual being 68, therefore a $137.50 reimbursement has been received. Effective January 1, 1987, the employee assistance contract with Process Dynamics was terminated. Lifestyles of Minnesota (affiliated with St. Francis) is the current provider at no cost to the employer. PROCESS DYNAMICS, LTD. Suite 101 8140 Flying Cloud Drive Eden Prairie, MN 55344 (612)944-2769 February 6, 1987 Gregg Voxland City of Shakopee 129 East First Avenue Shakopee, MN 55379.1376 Dear Gregg, Enclosed please find the year-end statistical report for services we provided during 1986. We had projected an 8% program utilization during the year. Instead, there was a 6% usage rate. Because the program was under—utilized, we are also enclosing a reimbursement for the difference between services paid for and those provided. We certainly enjoyed working with the City of Shakopee employees. Please let us know if we can be of any further assistance. Sincerely, 0(- * {��, Yr1 Liz Ferron, MSW EMPLOYEE ASSISTANCE SERVICES PROCESS DYNAMICS, LTD. q Suite 101 1 I 8140 Flying Cloud Drive Eden Prairie, MN 55344 1612) 944-2769 CITY OF SHAKOPEE 1986 Projected Actual SERVICES TO EMPLOYER 5.0 Hours 4.0 Hours SERVICES TO EMPLOYEES 10.8 Hours - 9.3 Hours Difference = 2.5 Hours 2.5 Hours @ $55.00/hour = $137.50 EMPLOYEE ASSISTANCE SERVICES 15-January-1987 q SHAKOPEE, CITY OF ) I EMPLOYEE ASSISTANCE PROGRAM STATISTICAL REPORT - NUMBERS 1ST HALF 2ND HALF OF YEAR OF YEAR Total _ 1986 Payroll Count 54 54 Cases Closed (Basis for Stats) 2 54 1 g CLIENT CAME: Self-Referred 2 1 Referred 0 0 3 Suggested p 0 0 ---------------------------------------0 ______i________________2_ Within Two Days 1 0 1 Within a Week 1 -__-___-__-_ A Week After Call 0 0 TELEPHONE ONLY ______________O________________O_ _______________O_ ____ _ CONTACT BY Employee Only 1 0 Family Only 0 Empl & Sig Other p 1 Empl & Family 0 1 1 _____________ 1 0 1 REOPENED CASES _________________________O ---------------o---------------- p- _______________________________________ _______________ ________________Z_ EMPLOYEE SEX FemaleZO ---------------------------------------0 Male _ 1 1 PROBLEM Relationship 1 --------------p------------'-"i' Indiv-Loss 0 0 0 Children 1 1 2 Parents 0 0 0 Phys, Sexual Abuse p 0 0 Legal O 0 0 Financial 0 0 0 Chem Dep Family 0 0 0 Chem Dep Employee 0 0 0 Co-Dependency 0 0 0 Chem Dep Trmt Repeat 0 0 0 Disability 0 0 0 Psychiatric 0 0 0 Other Medical 0 0 0 Environmental Stress 0 0 0 Career 0 0 0 Work Environment 0 0 0 Other _ 0 _____________ ________ - ____________________ _ 0 _______________________i_ RESULTS Information Only 0 0 0 Counseled Only 1 0 Declined Referral 0 0 0 Referral Accepted 1 1 2 ---------g--#--------'---------- --------------------------------------Z-o- Number of Interviews: 3 3 6 Average Interviews/Client• 1.5 3 . 0 Number of Hours: 3. 80 5.50 9. 3 Average # Hours/Client: 1 5.5 3 . 1 _________________ _g 15-January-1987 §HAKOPEE, CITY OF Q EMPLOYEE ASSISTANCE PROGRAM b STATISTICAL REPORT - PERCENTAGES IST HALF 2ND HALF OF YEAR OF YEAR F1986 Payroll Count54-----__-_=-==-54----==-54- Cases Closed (Basis for Stats) 7$ 4$ 6$ CLIENT CAME: Self-Referred100$ 5p$ 1 100$---- 00% - - Referred 0% 0$ 0$ -------------Suggested 0$ 0$ _______________ ______ SEEN Within Two Days 50$ O% 33% Within a Week 50$ 100$ 67$ ---_-------_ A Week After Call 0$ 0$ 0$ _________________________________ ______________O$_________ 0$ TELEPHONE ONLY 0$ _______________________________________________ ______________ _________ CONTACT BY Employee Only 50$ O% 33% Empl & Sig Other 0$ 0$ 0$ Empl & Family 0$ 0$ 33$ -------------Family Only50$ 0$ 33$ ---------------------------------------------REOPENED CASES --------------------------------------------- --og- 100$ EMPLOYEE SEX Female 0$ 67$ Male 0$ 100$ 33$ _________________________________________________ _ PROBLEM Relationship 50$--------------0$-----_33$ Indiv-Loss 0$ 0$ 0$ Children 50$ 100$ 67$ Parents 0$ 0$ 0$ Phys, Sexual Abuse 0$ 0$ 0$ Legal 0$ 0$ 0$ Financial 0$ 0$ 0% Chem Dep Family 0$ 0$ 0$ Chem Dep Employee 0$ 0$ 0$ Co-Dependency 0$ 0$ 0$ Chem Dep Trmt Repeat 0$ 0$ 0$ Disability 0$ 0$ 0$ Psychiatric 0$ 0$ 0$ Other Medical 0$ 0$ 0$ Environmental Stress 0$ 0$ 0% Career 0$ 0$ 0$ Work Environment 0$ 0$ 0$ Other 0$ 0$ 0$ ______________________________________ ____________________________________ RESULTS Information Only 0$ 0$ 0$ Counseled Only 50$ 0$ 33$ Declined Referral 0$ 0$ 0$ -------------Referral Accepted 50$ 100$ 67$ _________________________________________________________ TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 3, 1987 Acting Mayor Leroux presiding 11 Roll Call at 7:00 P.M. 21 Recess for H.R.A. meeting 31 Re-convene 41 Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *71 Approval of Minutes of February 17, 1987 81 Communications: (Items noted for consent will be received and filed) *a] M. J . Broekemeier, Little Six Bingo Palace re: directional signs b] George Muenchow, Shakopee Community Services re: joint meeting *c] Action Alert re: Immediate action to free federal highway and transit funds d] Jerold Lucas re: David Leivestad/Carburetion & Turbo Systems, Inc . *e] Association of Metropolitan Municipalities re : legislative issues 9] Public Hearings: a] 7:30 P.M. Public Hearing on Marschall Road Watermain Improvements from 11th Avenue South Approximately 1250 feet - bring feasibility report b] 8:00 P.M. Public Hearing on the Vacation of Right-of-Way in Killarney Hills c] 8: 15 P.M. Public Hearing on an appeal of the Planning Commission's approval of an amendment to a conditional use permit for the Shiely Co. to allow expanded hours of operation 10] Boards and Commissions: Planning Commission: a] Amending Zoning Ordinance by Adding A New Zoning District and Rezoning Certain Property from B-1 to URD (Urban Redevelopment District) City Hall Building Committee: b] Committee Report from City Hall Building Committee JOgasgsTuTwpv AgTO uossapuv •N ugof (e-L86T) I asvgd 'goaCO,Td gUawanosdwj advosgaazgS umoqumoa agq uo 2uijuaq oTlgnd v sO3 anuantl gqb gsvH OOTT 'BuTPTTng )Iua8 aas40 suazTgTO agq ge •W•d OO:L qE L86T 'OT g0JuW 'Aupsenj oq usnoCpV [91 auanuoO-ag [ST UOT7u2T3TT 2uTpuad ssnosTp oq uoTssas anTgnoaxa JO,T SSaOaH [VI 149 �g � :ssavTsng aaqagg0 [£T anuantl ggOT 3O 744JON AVM-30-4011 OTTQnd uo saIDTgaA UmBJG assOH gTgTgOad Og aPOD AgTO 2ucpuawV 'tTZ 'ON 'P10 [P IVAOaddV gnoAul - £8-HO 3O H .009E Oq ST-HVSO 3O M ,OUT woa3 ssadAg TOT-HZ 'L69Z 'ON 'sag CO. 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POTJad kJUUOTqugoud gSTdAj/gsTUOTgdaoaH [2, POTsad -kJuUOT4ugOSd .xogoaJTQ quawdojanaa AgTunwwoo [,T, asegosnd a.zamg,ToS sagndwoO [a, uOTgTsod WUG23JaS jOsqud [P. �.. _. -. g3TgS UOT4a00q AaogTwsoa A,xngsaZu o [O UOTssnosTO -"Fed/SuawdojaeaQ TPT4uapTsaH/as.xno03jo0 pasodosd [q UOT40V 3O u ld jood 2uT=TmS L86T [E [00=6 punose Nuasq agnuTw OT a aKaq TITm TTounoo] :jjvgS wos3 sguodaH [ IT -Z- a8sd 486T '£ gOsuN VONHOV 3AI,LVSNal TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY CITY OF SHAKOPEE, MINNESOTA Special Meeting March 3 , 1987 Chairman Leroux presiding 1. Roll Call at 7:00 P.M. 2. Accept Special Session Call 3. Approval of Minutes of February 3 , 1987 4. Wiley/Arkell Housing Proposal (The Cottages) 5. Other Business 6. Adjourn Dennis R. Kraft Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 3, 1987 Chairman Leroux called the meeting to order at 7:07 p.m. with Comm. Wampach, Vierling, Clay, and Lebens present. Also present were John K. Anderson, City Administrator; Dennis Kraft, Executive Director; Kenneth Ashfeld, City Engineer; Barry Stock, Administrative Assistant; Judith S. Cox, City Clerk; and Julius A. Coller II, City Attorney. Clay/Vierling moved to approve the minutes of January 6, 1987. Motion carried unanimously. Doug Kallevig, 4415 Highland Road, Minnetonka, addressed the HRA saying that in the summer of 1985 they were contacted by the BRA concerning the acquisition of his property at 303 E. First St., later that fall they were told that the BRA would not purchase it. They have unsucessfully attempted to sell the property because of the uncertainty of the Minnesota Department of Transportation's plan, and the pending BRA proposal to purchase the property. The property is appraised at $72,000 and they are requesting that the BRA purchase the property at the amount of the 1986 appraisal, or that the BRA state they will not purchase the property so that they can proceed to sell the property to interested parties. The Executive Director said that the HRA is hesitant to purchase the property knowing the uncertainty of the future bypass alignment. Chairman Leroux stated that it is very difficult for the BRA to purchase any property of this sort until the bypass is officially mapped. It was the vote of the RRA and the majority carried that they would not purchase the property at this time. Clay/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:15 P.m. Carol L. Schultz Recording Secretary �y MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: Wiley/Arkell Housing Proposal (The Cottages) DATE: February 26, 1987 Introduction• The Arkell Development _'orp. and M.R. Wiley and Associates, Inc. (the developers) are proposing to construct a two-phase moderate income housing project for persons age 55 and older. This project, as presently envisioned, would include 68 dwelling units in each phase. The developers are requesting the City' s authorization of Housing Revenue Bonds, as well as the tax increment financing for the purpose of interest write down. Background: The developers are proposing to construct single story housing on property which is located on the south side of County Road 16 (Eagle Creek Blvd. ) approximately 330 feet southeast of the intersection of County Road 16 & 17. This property, which is located adjacent to Brooks Superette and the Shakopee Car Wash, is zoned R-4 multi-family residential and is a part of the Eagle Creek Junction, 1st Addition Plat. Target Population: The project is targeted for persons who do not qualify, who can not obtain, or who will not accept governmental housing subsidies, but who can not afford housing rental payments of $600 to $1000 per month. This appears to be a segment of the housing market which is not being adequately addressed today in Shakopee. The projected rental for a one bedroom unit is $385 per month; a two bedroom unit would rent for $465 per month. The issuance of housing revenue bonds and the provision of tax increment funding for interest reduction would allow for this below-market rental structure. Project Financing: The issuance of Housing Revenue Bonds would have no financial impact upon the City of Shakopee. By authorizing the issuance of these bonds, the City will enable the developer to realize certain economic benefits which would not be available if conventional financing were used. The bonds would have a term of twenty-five years. At this time, it is anticipated that the market rate of the housing revenue bonds would be approximately eight percent. The establishment of a tax increment district would allow the added taxes generated by the project to be used to reduce the effective interest rate on the project, for a period of ten years. The infusion of tax increment proceeds into this development would result in an effective interest rate of approximately six per cent for the first ten years of the project. After ten years, all taxes generated by the project would go to the various real property taxing jurisdictions. It is possible to structure a development agreement in such a way that the maximum interest reduction benefit received by the developer would be the lessor of: (1) the amount of assistance needed to reduce the effective interest rate to six percent for a period of ten years, or ( 2) a maximum interest rate reduction of two percent, if the housing revenue bonds are marketed with an interest rate in excess of eight percent. Under the form of assistance being sought, the City would not issue tax increment bonds. Once the taxes were paid on the project, the City would then distribute the previously agreed upon tax increment to the housing revenue bond trustee. I£ the property taxes were not paid in a particular year, the City would not have to pay the increment for that year. This form of financing would give the City less financial exposure than the process whereby bonds are sold, and the debt must be serviced whether or not the taxes are paid. The project would be structured in such a way that the various legal, financial and administrative costs incurred by the City would be paid by the developer. This would probably be accomplished by having the developer make a payment to the City/HRA soon after the project concept approval. The amount of housing revenue bonding authority being sought of the first phase of the project is approximately $3,200,000. These bonds would have a term of 25 years. Phase two of the project would require another revenue bond issue. It is estimated that the annual tax increment assistance needed to reduce the effective interest rate by two percent would be approximately $ 88,000 . A more precise figure can be determined after the assessor renders opinions on base and completed project values. The City/HRA staff and financial consultant will evaluate the developer' s pro forma calculations to determine a reasonable level of tax increment assistance. Project Description/Benefit: Phase one of this project would include 45 two bedroom units and 23 one bedroom units. The design of the project would allow for an increase in the number of two bedroom units if marketing indicated such a need. The project design would allow for the construction of garages, if desired by residents. The monthly garage rental costs would be $25. The area covered by phase one would be six acres. There would be two access points onto County road 16 and all streets in the project would be private. Once the project were completed, the developers would manage it. There would be an on-site staff coordinator with responsibility for providing assistance to residents. No nursing or health services is proposed to be available on site, but referral services would be available. The project would provide approximately off street parking spaces. Approximately 55 of these spaces are to be in garages; the remainder would be uncovered surface spaces. The Shakopee Zoning Ordinance requires two spaces per dwelling unit, except for elderly high rise structures, for which the City Council can set a lower standard. It is unlikely that the height of a building in which a person lives is a valid determination of the minimum number of parking spaces required. The developer has also indicated a desire to establish a "rollover housing program" whereby assistance would be provided to first-time home buyers so as to enable them to purchase houses previously occupied by residents of the proposed housing project. This would provide detached single family dwellings for younger families and children. Project Implementation Steps: The developer has indicated that they would like to begin construction on phase I of this project in early May and complete it within six months. (It is possible that phase II would be constructed one year later. ) Prior to the beginning of construction, a series of legal actions must be taken to establish a tax increment district. Concurrent with this process, the preliminary and final subdivision plats must be reviewed by the Planning Commission and approved by the City Council. In order to facilitate the timely initiation of this project the HRA should authorize the hiring of the law firm of O'Connor and Hannan to prepare the necessary legal documents for the establishment of the tax increment district and the preparation of the development agreement. The HRA should also authorize the hiring of Springstead and Associates to provide financial consulting services. The last preliminary action which should be taken by the HRA would be that of authorizing the staff to set up a funding mechanism to cover the necessary legal and administrative costs ' associated with setting up a tax increment district. The normal procedure utilized to recover these expenses is one whereby the tax increment bonds that are sold include provision for the recovery of the legal administrative and issuance costs. In this particular instance in that there will not be a bond sold, obviously this mechanism can not be used for the recovery of these costs. Therefore it is recommended that the staff be directed to negotiate with the developer to provide for the collection of these up front costs prior to the time the work on the project begins in earnest. It should be possible for the developers to be reimbursed for these costs by building that into the first tax increment payment which should be received during j calendar year 1989. It is estimated that the total cost involved would probably be in the range of $20,000 - $25,000. Alternatives: 1. Endorse the concept of the "Cottages" housing project and authorize the staff to enter into the necessary agreements with O'Connor and Hannan and Springstead and Associates and to negotiate with the developer on establishing a mechanism for the payment of the various up front legal and administrative costs. 2. Indicate that the HRA does not support the project submitted by the developer. Requested Actions: Move to endorse the concept of "the Cottages" housing project and authorize the staff to enter into the necessary agreements with O'Connor and Hannan, Springstead and Associates and to negotiate with the developer and set up a mechanism for the payment of the various front end legal and administrative costs. Secondly to make the determination that the intent of Section 11.05, Subd. 3-E. 4. of the Shakopee Zoning Ordinance is actually to provide for allowing the Council to determine the amount of parking needed for all elderly housing projects, not just those projects in high rise structures. In order to effectuate this interpretation direct the Planning Commission to review the wording of Section 11. 05, Subd. 3-E. 4 and to make a recommendation back to the City Council on the amendment of this section of the zoning ordinance. City of Shakopee Application Tax Increment Financing Assistance Housing Legal Name of Applicant: The Arkell Development Corporation and M. R. Wiley S Associates, Inc. Address: 5001 Chowen Avenue South Minneapolis, Minnesota 55410 Telephone: 612/920-1505 Name of Contact Person: Michael R. Wiley, Partner 1) LOCATION (See Exhibit "A" Location Map and Exhibit "B" Survey) : The proposed development will be a one-story, multi-unit "Planned Elderly Housing Community" , consisting of 68 one- and two-bedroom "cottage-style"- attached units which will be located in the southwest corner of the intersection of County Road #16 and County Road #17 on the southeastern side of Shakopee, Minnesota. The site is abutted by a Brooks Superette and a car wash to the west. Ater viewing a number of available Shakopee locations, this site was considered to be the only feasible parcel for our proposed "Cottage Elderly Community. " One major criterion in site selec- tion includes that shopping and services are within walking dis- tance for the elderly. This site allows shopping and churches located on the same block with additional services within one block. The location on the south side of County Road #16 is con- sidered to be very good for access. Our community will be compatible with the surrounding properties. A new Mount Olive Lutheran Church is proposed to the southwest of the site. The vacant land to the north of County Road #17 is zoned R-4 and Commercial. Phase II will abut Phase I to the east (see Exhibit "B") . A number of twin homes and middle bracket SFR' s are located to the south, high on the river bluff. New four-unit homes are proposed and under construction to the east of Phase II. 2) SIZE: The subject planned elderly housing community consists of two proposed phases. Each phase consists of approximately six acres of land area. As a final site plan is developed, Phase I (the westerly six acres) may be increased and Phase II decreased to accommodate the topography and land area. The primary parcel boundaries are reflected on the attached Exhibit "B" survey. -1- 3) USE: Our -"Cottage Planned Elderly Housing Community" is designed to create a secure and respectful living environment within a specially designed cluster home setting. Our community is designed to bridge the elderly's transition as a homeowner to the older, more common, high-rise 'elderly housing. We have found that the elderly much prefer our one-story, "home-style" community when given the choice. Our design and overall community feels similar to the SFR home they are leaving. The Planned Elderly Housing Community will be developed on Phase I in 1987 . This modern, one-story housing development will con- sist of a mix of one- and two-bedroom "cottage"-style attached rental units. According to our present site plans, Phase I would be developed with 68 units, depending on unit mix and green area requirements. With the completion of Phase I, it is planned that Phase II will be developed into a comparable Planned Elderly Housing Community similar to Phase I . 4) VALUATION• At the present time, the Phase I and Phase II sites are vacant. Parcel #1 is under contract for the sum of $192,000 cash terms. Parcel 42 is under contract for the sum of $239,700 cash terms. The distribution between Phase I and Phase II contract price may change, should the boundary lines shift as site development occurs . The estimated market value of the elderly community in Phase I II is $3,500,000 each based on 68 units per phase. Depending on the mix, final site improvements, landscaping, etc. , the overall market value may vary. . 5) TIMING• Arkell Development Corporation will start construction on Phase I upon approval of the tax increment financing and sale of the . housing revenue bonds. Phase I is tentatively scheduled to start construction in April 1987, and should be completed in October of r- 1987 . Phase II would start construction in April 1988 and complete construction in October 1988 . This tentative schedule will vary depending on time of approval of the tax increment financing and weather. 6) INTEREST RATE REDUCTION PROGRAM: As indicated in Section #10 "Needs" , it is not possible to develop a "Cottage Planned Elderly Housing Community" in Shakopee utilizing present available conventional financing. Due to the higher cost of construction and permanent conventional financing, -2- T the housing units would have to be rented for $485 to $500/month for the one bedroom, and over $585/month for the two bedroom units. With the use of a tax increment financing interest reduction program, and housing revenue bonds, we are able to construct the community for less, thus passing this savings along to the elderly of Shakopee in the form of lower rents. To achieve these lower rents, we utilize a tax increment financing program to reduce overall cost of the community. We have received the final cost estimate on installation of utilities in the limestone presently on the site. The contractors have estimated the cost to install utilities through the sandstone at $100 .00 per foot. Our primary budget would indicate a tax increment financing program with an interest rate of 6% on the Housing Revenue Bonds is needed for a period of ten years. We are submitting a computerized analysis of the project demonstrating the need for the tax increment financing and Housing Revenue Bond. The detailed financial program is reflected in this computerized analysis. 7) ECONOMIC IMPACT: (A) According to our projections, approximately 30 - 40 new temporary construction jobs will be created in 1987 and 1988 by our Elderly Housing Community. During the construction process, we will try to utilize as many Scott County construction personnel as possible. Our final decision will be based on each subcontractor' s ability to competitively complete a project of this -size. (B) An estimate in valuation of property in the community is $3,500,000 per phase. This increase in valuation will increase the tax base in this vacant site. (C) The "Cottages" , a Planned Elderly Community .will consist of approximately 68 one-story, basementless units. The rental of these units will create some existing Shakopee homes presently occupied by elderly who will move into our community, to be placed on the market for first time home buyers. We plan to help in the development of a procedural program to assist the first time buyer in the acquisition of these homes. The marketing of these homes will most likely be by a - Shakopee based real estate company. An additional benefit will be the investment of new money by the purchasers in the rehabilitation of some of the existing, less-maintained, elderly housing. It is our belief that this program will increase the rehabilitation of older homes in Shakopee without the use of public funds, via use of funds by the new home buyer. -3- Due to the unique design and concept of our "Cottage Planned n Elderly Housing Communit )�i l y" , we do not believe that we are competing with any local builders and developers for this housing market. At this time, we are the only Elderly Housing Developers in the State of Minnesota offering this concept 'of a "Planned Elderly Housing Community." (D) OUY studies indicate that our "Cottage Planned Elderly Housing Community" is very unique because it focuses on the low to middle income elderly who do not aualifvor will not accent governmental subsidies We are able to offer these individuals housing. for $385 per month for a one bedroom unit and $465 per month for the two bedroom units. A detached one car - garage will rent for an additional $25 per month. Appliance, utilities, etc. , heat and telephone will be paid by the occupant. Maintenance, building insurance, water and sewer, real estate taxes and on-site staff is paid by the developers. The on-site - e- supervisor is paid $1,500 per month and typically a person over the age of 55. This person lives in one of the community' s units and provides an array of supervisory services as coordinating programs offered for seniors, offered by the City and the elderly of our community. In addition, this person is involved in the coordination of social activities with the people of our community. The maintenance of the units and grounds (snow - removal, lawn, garbage, etc. , ) is estimated at $25,000 (+) per year. At this time, there appears a strong need of housing for the elderly that find themselves under these guidelines.- Our studies indicate that our proposed community will be in accordance to the City' s present City Housing Assistance Plan. - (E) In addition to providing the community' s elderly a - respectable existence in our planned community at a below market rate, we offer a secure, maintenance-free environment, whereby the elderly can develop new friendships and be more relaxed about their future. Our full-time, on-site supervisor coordinates community activities as well as integrating City programs designed for the elderly. 8) TRAFFIC IMPACT• (A) Our studies indicate that approximately 708 of the elderly living in our communities have an automobile. Phase I would contribute approximately 50 autos into the area. It also must be noted that the elderly are less mobile, often driving their automobiles only a few times per week. One of the major site - selection factors includes nearby shopping facilities and religious centers. Our proposed site includes three shopping areas within two blocks and two churches within four blocks.- -4- (B) It is our belief that the "Cottages Planned Elderly Housing Community" will have minimal impact on County Road #16 or County Road #17. The community should generate a total traffic of under 125 automobiles from both phases. (C) Per our preliminary site layout, we are planning to develop two access driveways on County Road #16. Our site plan provides private roadways limiting through tfaffic by persons other than our Cottage Community Residences. The -site plan provides excellent access into the units for our residences. 9) SERVICE IMPACT: - (A) The "Cottage Planned Elderly Housing Community" will utilize a number of the elderly' s programs offered by the City of Shakopee. - We have a live-in community supervisor who will coordinate elderly cottage programs, in addition to the City' s Programs. The City programs utilized will be the same as being offered to Shakopee 's elderly at this time. Therefore, we do not anticipate an increased use of City programs due to our elderly community. (B) We are anticipating the same usages of County services as we do with City programs. (C) Our project should have no increase in school district services. 10) NEEDS: ' In 1987, it is not feasible for a development-construction company to construct a community like our "Cottage Elderly Housing Community" utilizing present-day conventional mortgage rates. The rents required to make a community of this type economically feasible would be over $485 to $500 for a one bedroom and over $585 for a two bedroom. With the utilization of tax increment financing with an interest rate reduction program and Housing Revenue Bonds, we are able to pass savings from the cost of 'financing through to the elderly of the community, thus offering elderly housing in a secure, respectable, planned community for $385 on the one bedroom and $465 on the two bedroom units. The one stall garage will rent for an additional $25 per month. We are able to demonstrate with our computer projec- tions of the community, why this project cannot be built for the Shakopee elderly without assistance by the City of Shakopee. The use of tax increment financing to help offset land, utility and road costs are passed through to the Shakopee elderly. Our "Cottage Elderly Housing Community" will create a large tax base for the City of Shakopee which is not taking place with the present vacant land or another lower market value development.. - -5- 11) HARDSHIP: The site we have selected has a large limestone deposit - throughout the site. In order to develop this site, assistance with the tax increment financing in the form of a interest reduction program is necessary. We will experience substantial increase in development costs due to this limestone. We are unable to define the total extent of this hardship in development until the actual construction is underway and removal of existing grade has taken place. The construction company has estimated the cost to install city water and sewer at $100 per foot. 12) EMINENT DOMAIN: No additional property should require to be acquired in the Process of our development. 13) SUMMARY: After analyzing the Shakopee elderly community, it is our opinion that there is a strong need for moderate income elderly housing in the community at this time. Our "Cottage Planned Elderly Housing Community" consists of a secure, planned housing community which allows the Shakopee elderly to live in a respectable, secure environment that does not feel like apartment or high-rise living. Our community offers on-site supervisory staff which helps coordinate City and other inter-community activities and programs. Our living units are specially designed to assist in the needs of the elderly. We often find the elderly reluctant to sell their homestead and relocate for fear of losing their identity and independence in a more multi-family environment, and also find children reluctant to place their parents in typical elderly housing projects. Our "Cottage Elderly Planned Housing Community" concept allows these senior citizens to maintain their dignity in a secure, caring community surrounded by friends of their own age. It is our belief that our "Cottage Concept" will be an excellent benefit to the community of Shakopee as a whole. _6_ I Statement of Poli,v The following information is provided as a supplement to our request for the Tax Increment Financing Assistance Interest Reduction Program as reflected in pages one through six. Policy A) Benefit to the City -1) According to the Scott County Assessor' s Department, the in- creased tax base resulting from the development of our "Cottage Planned Elderly Housing Community" is estimated to be $88,400 per year based on a $3,500,000 value. This figure is based on a per- phase basis with the total proposed being a two-phase development. The economic benefit to the Shakopee elderly in the form of below market rental costs, is estimated to be approximately $81, 600 per year, per phase. We have based this . calculation on the difference between what is considered to be market rent of our one and two-bedroom units and the actual reduced rent of our community. 2) Our community will create needed elderly housing in accordance with the city' s adopted Housing Assistance Program. 3) The community will be financed with a .combination of public private funds. The distribution of these funds are as follows: a) $3.2 million dollars secured through the selling of Housing Revenue Bonds; b) A Tax Increment Financing interest reduction program by the City of Shakopee, reducing the Housing Revenue Bonds to a 66 interest rate for a period of 10 years; c) A $96, 000 rent reduction reserve by the developers; d) A developers equity position of $200,000(+) . This financing totals $3.2 million which is the estimated cost to complete each phase at 68 units per phase. 4) The overall risk of our cottage community to the City of ' Shakopee is very limited. Prior to starting of the community and selling of the Housing Revenue Bonds, an extensive feasibility study will be completed. Our Partnership is one of the most successful development groups in the development of elderly housing communities in the midwest at this time. 5) Our "Cottage Planned Elderly Housing Community" has been re- viewed by Chaska, who has been receptive to the development of a similar community in their City. At this time, we believe that ._7- ' Shakopee has a P greater need and is more ,economically feasible for the development. 6) The City of Shakopee will benefit immediately by reduced rental costs to Shakopee elderly. In addition, the City will benefit by an estimated $88,400 per year generated by the available real estate taxes on our community. B) Character of Program 1) We are in a position to make a firm commitment to build 68 units in Phase as reflected on our .proposed site plan. These units are in accordance with our cottage plans and specs to be submitted to the City of Shakopee. 2) Our community will also include a commitment to contribute a stated limit of interest rate reduction (or developer equity) from non-increment sources. 3) Arkell Development Corporation is a well-established St. Paul development company who has specialized in the development of multi-family and elderly housing communities throughout the 1970 's and 1980 ' s. Michael R. Wiley has an extensive real estate background of 14 years of experience. His Company, M. R. Wiley and Associates, has been involved in the development of a number Of small commercial ventures in the last five years. Our con- struction manager, Mr. Bruce Hedinen, of Jordan, Minnesota has owned his own construction company for the last ten years. In addition, we are assembling a number of experienced Shakopee and Scott County subcontractors to complete our community. The expertise of our group will ensure a successful Shakopee elderly community. - 4) The overall quality and utility -of our community will be reflected in our design plan and specifications. We will expand on this data as requested by the City. Our "Elderly Housing Community" is especially designed for the elderly as reflected in our unit plans. C) Demonstration of Need We have submitted a proforma, an estimation of costs and ,., revenues of the project and amount of private capital in the project to the City staff and the City's financial advisors for. review. We will submit additional data as requested. Our - proforma reflects the lack of and use of the proposed interest _ reduction program in two different scenarios. _ D) Size of the Proiect The "Cottages Planned Elderly Housing Community" has an es- timated market value of $3.5 million dollars. We are requiring an interest reduction program to 68 on $3.2 million dollars. . -8- E) Project Certainty/Financial Guarantee 1) Phase I Of our Planned Elderly Community will be completed in 1987 and Phase II is proposed in 1988 . We plan to start con- struction of Phase I in late April 1987. 2) Our strong expertise in development and past successful history in the elderly housing, communities denotes our capacity to complete our proposed project. 3) Our community can not be constructed without the use of tax increment assistance. We have demonstrated that it is not economically feasible to construct the community without the assistance by the City of Shakopee. Summary To develop the "Cottage Planned Elderly Housing Community" in _ Shakopee, we will need to utilize a TIF interest reduction program as described in our Tax Increment Financing Assistance - Housing Application (Item #61 page 2 & 3) . We have a strong development Partnership and management team that will insure a successful project. In addition, our partnership is one of the most experienced elderly housing development companies in the midwest at this time. In reviewing the City of Shakopee, we have noted a real need for low and moderate income housing for .the elderly. Our "Cottage Planned Elderly Housing Community" will be an asset to the City of Shakopee. In an effort to select cities with a strong need for low - middle income elderly housing where we may build a successful "Cottage Elderly Housing Community", a number of factors are taken into consideration. These include existing elderly projects, available sites, population trends, actual income and age of the community's elderly, and desire by the cities to fill these needs. In reviewing Shakopee, we feel that we have a community where a majority of these factors exist: Our "Cottage Elderly Housing Community" allows the elderly of Shakopee to ive in a planned, respectable and friendly community at below .. market rental rates. It is our strong belief that our community will be a successful asset to the City of Shakopee. -9- M.R. WILEY &ASSOCIATES, INC. 5001 Chowen Avenue South Minneapolis, MN 55410 (612)920-1523 44, eon COTTAGES OF SHAKOPEE M.R. WILEY & ASSOCIATES, INC. (( 5001 Choweu Avenue South Minneapolis. MN 55410 (612)920.1523 THE COTTAGES OF SHAKOPEE After analyzing the Shakopee elderly community, it is our opinion that there is a strong need for moderate income elderly housing in the community at this time. Our "Cottage Planned Elderly Housing Community" consists of a secure, planned housing community which allows the Shakopee elderly to live in a re- spectable, secure environment that does not feel like apartment or high-rise living. Our community offers on-site supervisory staff which helps coordinate City and other inter-community activities and programs. Our living units are specially de- signed to assist in the needs of the elderly. We often find the elderly reluctant to sell their homestead and relocate for fear of losing their identity and independence in a more multi- family environment, and also find children reluctant to place their parents in typical elderly housing projects. Our "Cottage Elderly Planned Housing Community" concept allows these senior citizens to maintain their dignity in a secure, caring community surrounded by friends of their own age. It is our belief that our "Cottage Concept" will be an excellent benefit to the com- munity of Shakopee as a whole. e , �1 ti V / �// •ei ■ zoi ■ Y .I ll7d:d i I I I " �1.1!..s SJ \Li NI,PC . ili t l W . , P aPrPP :)7. v- SSSSI'G. a.:fr �"' a3CTp F',B':7.12`- 17, 1937 i-iayor Reinke called the meeting to order at 7:05 P.m. with Cncl. Lebens, ',eroux, and aampsch present. Cncl. -ierling was absent. Also present were John E. Anderson, ^..ity administrator; $enneth =shfeld, City 'hgineer; Judith S, Cox, City ^ler':, and Julius 1. Coller II, ^ity Attorney. Liaison reports were given by councilmembers. There was a discussion on the ' increase in the 1987 taxes. The City Administrator said he would like to get more facts from the other taxing bodies involved and then have further discussion on the increases in the 1987 tax statements. I "layer Reinke asked if there was anyone in the audience who wished to address anything not on the agenda. There was no response. Clay/Wa.:.pach moved to approve the minutes of February j, 1987• Motion carried unanimously, leroux/'ebens moved to receive and place on file the letter from the 10th and Dakota leighborhood regarding proposed development south of 10th Avenue, Beat of County Road 79 and West of County Road 17. Roll ^,all: Ayes: Unanimous :does: Yone Y:otion carried. Leroux/ ebens moved to receive and place on file the Action Alert on proposed cut in 1987 Local Government Aid allocation. Roll Call: Ayes: Unanimous floes: None Motion carried. Wampach/Clay moved that the City of Shakopee join the League of Minnesota Human Rights Commissions. Roll Call: Ayes: Oncl. :dampach, Clay and Mayor Reinke ;gees: Cncl. Leroux and Lebens Potion carried. Leroux/1:'ampach moved to accept the letter from -odd Schwartz on his resimation from Energy and Transportation Committee, TJoti:n carried unanimously. Stan Becker, '-ice President/General '.Manager of Canterbszy Dot:ins, gave an update on .^.anterbuy Downs' Legislative grogram.. He said Canterbury Darns is not asking for a tax break they are asking for fair and equal taxation. They are going to legislature for two things: one to reduce the pari—mutual tax to half of one percent and to protect the industry. 'ihey need the support of people to get this tax changed so that they can continue to grow. Cncl. Leroux asked if this would affect the take out. Hr. Beaker answered that it would remain the same but it would affect purse money. Cncl. Lebens asked what happened to the 90 million dollars of Industrial Revenue Bonds that the city voted the bonds for. Mr. Boeker answered that the owners do have 40 million dollars in equity, they have used 40 million to date and the other 46 million is parked for further expansion of the facility. Cncl. Wampach asked if this proposal would be a permanent issue of temporary for a few years. Mr. Boeker answered that their position is permanent. 'erouz/,lay moved to adopt r,;-n,- the .-innesota State Legislature to '=_-., _-- - :out of Regulation and moved its adopt_--, . ____ :.. -.soh and T,ebens opposed. ^Iaytwamnpach moved for a 15 minute recess. carried unanimously. Clay/dampach moved to reconvene at 9:OC p.-.. _..,__.,n carried unanimously. T.croux/i.ebens moved to apnrove the proposed �:akopee ?ire Department Smoking :Policy dated 2/6/87. R011 fall: Ayes: Unanimous )foes: ane )lotion carried. i.eroux/Tebens moved to approve the Dy-laws of the Shakopee Fire Lepartment dated February 17, 1997• (Including the -Physical "Smarmnation 1xo3ram) Holl -all: :yes: Unanimous .loss: none :Roti on carried. Leroux/Lebens moved to reject the tank body bid received December 31, 1986, and readvertise specifications for tank truck. - Roll Call: Ayes: 711animous Aloes: None Motion carried. Leroux/Debens offered Resolution is. 2692, A Resolution ;mending Resolution o. 2665, Adopting the 1947 Pay Schedule for the Officers and :don-Union 'employees of the ^ity of Shakopee, t,innesota, and moved its adoption. Holl -all: Ayes: "narimous noes: lone Motion carried. Leroux/Lebens Offered Resolution ilc. 2699, A Resolution Requesting that the Minnesota Department of ^ransportation -onduct a Study for the Purpose of Determining the Proper Safe Speed Limits Along ^ou:nsy Road 33 from Trunk Highway 101 to 77rany Road 42, and moved its adoption. Roll 'all: :+yes: 7nanimous :Toes: "one :notion carried. The 8ity -�ngineer reviewed the three issues that ,:ill be discussed at the upcoming public hearing on _uesday, 7ebrsary 24, on the Upper -Ta'_iey Drainage 3asin. The issues are: Special Benefit Sates; Prcject Bonding; and Drainage -may easements. The City '. igineer said that the major issues of special benefit rates are basically compared to a special assessment. 'lthaagh there is a credit being made for storm detention facilities presently constructed on the Canterbury Downs racetrack area, the geographics of the basin are such that full complimentary benefits of their detention facilities are not being gained. Project Bonding is a financing option that the City has. A financial analysis has not been done by the City's Bond Council, if and when the project is ordered then this will be one issue the City can consider. The -ity Administrator said they had originally anticipated using tax_ increment financing for 2Y/ of these story sewer systems. _ Co,Lncii "eb:-uaryy 7, 1957 Page -3- The "ity =ngineer said the drainage easements will be handled on a one to ane -oasis with each property owner. ^.he drainage report done by the consultant addressed two directions that drainage can be taken. It all comes from the _ake ^.'Dowd area down through Sauers Trail. Se reviewed the alternative routes that the drainage way could take, one would be to follow the property line the whole way, theraby not splitting properties up; one would shoot straight across but would 'split the 7.enzmier property up on both sides.. Discussion ensued on patting in a 80 to 90 foot trench as compared to a 6 to S foot pipe. As far as cost effectiveness goes a 80 or 90 foot trench would be more practical from the City's standpoint. erocx/Clay moved to direct staff to maintain the Upper Palley Basin data base with its drainage characteristics prior to storm water detention reductions, and to fundetention credit costs by Tax Increment Pinancing. Motion carried unanimously. Wampach/Leroux moved to direct staff to begin negotiations for the necessary drainage easements of the Upper Valley �^rainage Project w?th the under- standing that these drainage easements will satisfy related areas for park dedication requirements for platted areas. iiozion carried unanimously. Cncl. Clay asked if he could have a comparison of the costs between the straight line option as compared to the zig-zag line, before the next meeting. Cool. Wampach expressed concern over the City's liability as far as the drainage trenches go. The City engineer replied that the City is always liable for open drainage ways. Lerout,./Clay Offered Resolution No. 2690, A Resolution Determining the ecessity for and authorizing the Acquisition of Certain Property by proceeding in Dminent Domain for Purposes of COn3tructing,a Roadway, and moved its adoption. Roll Call: ryes: unanimous :Roes: Yone i;otion carried. ',ebens/Teroux moved to authorize purchase of a CAD system from ')cannon ^,=uter Products, Inc. in the amount of ;14,445.00. Roll :all: Ayes: Unanimous hoes: .-one ;lotion carried. Lerouxf'ebens moved to authorize the purchase of computer peripherals, equipment, f=iture and supplies from Office Products of ,innesota, 3uels Business Equipment, and Barry Office oroducts in the amount of ;1,962.33. Roll ,all: Lyes: Unanimous :does: '_?one ::otion carried. Leroux/�ebens moved to approve the abatement of special assessment code 51 in the amount of 580.30 and "x99.32 for pay 1987 balances, "26.78 and ;;24.83 for pay 1987 principal, and -8.58 and 1^10.S7 for pay 1987 interest for p=rcel 27-001740-0 and also to abate assessment code 54 in the amount of -:`2,300.00 for pay 1987 balance, ?575.00 for pay 1987 principal and '230.00 for pay 1987 interest on parcel 27-906043-0 due to prior payment. Roll Cali: Ayes: '.naaimous ;Foes: Atone 1;otior- carried. 1tJ 2CIIn0 it v_. pebruar: 17, 1987 Page —4— wampac h/L be ns moved to approve the bilis in the amount of 3297,431.66. Roll Cali: ,'ryas: Unanimous ::oes: .-.3ne Xotion carried. Leroux/icbens i:ffered Resolution ,7o. 256e, .s Resolution iimending Resalntioi ,o. 2635 Adopting the l991, budget, and moved for its adoption. Rol' Call: Ayes: Lnaznimous :70es: None ..olio.^. carried. =roux/Lebens Offered Re3olution 'io. 2687, A Resolution Sccepting i/ork or. the 1982 Pavement Preservation and Rehabilitation Program, and moved its adoption. Ro31_0ail: aes: Unanimous hoes: ::one :otion carried. The City kdmitistrator said the meeting on the trail going east from the �-,ity =all with '.r. Sweeney will be on :.arch 1S. :he Oity :Administrator said that he is keeping aware of the Governors tax proposal and when he has more information he will bring it up to the 2ouncil. "sroux/Clay moved to adjourn to Tuesday, %ebruar;j 24, 1987, at 7:00 p.m. at Scott County Courthouse meeting room. '7otion carried unanimously. Meeting adjo:ried at 10:30 p.m. Judith S. Cox City 0lerk Carol L. Schultz Recording Secretary I LITTLE SIX BINGO PALACE �I 2350 Sioux Trail N.W. 5Prior lake, Minnesota 55372 y1° ' Office: (612)4953090 Group Reservations:(612)445-0000 Information:(612)445-1002 .,y February 19, 1987 Mr. John Anderson Shakopee City Administrator 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Anderson: The Shakopee Chamber of Commerce's Tourism Committee is asking for letters of support to enhance the feasibility of obtaining directional traffic signs to the various attractions in the "Shakopee Showcase" area. The action spurs from the traffic difficulties encountered by the large infl ux of Tourists who visit the area during the Spring and Sumner months. We, as an organization, are not asking for monetary support, only that of agreement to the need of directional signs in the area. Thank you. Sincerely, L B BIdACE M Broekemeter es/Public Relations Board Member, Shakopee Chamber of Commerce Board Member, Twin Cities Tourism Attractions Association MOB/smh FEB 24 IN7 Action Requested: CITY OF $HAKOPEI9 Direct the Community Development Director to review alternatives for Council consideration. fhukupee LommunitU 3eruices 129 Levee Drive Shakopee. Minnesota 55375 Phone 445-2742 Community Education • Parks • Recreation • Adult Education February 26,1987 Mr. John Anderson, Administrator City of Shakopee The Shakopee Community Services Board at its most recent regular meeting, February 23, 1987, passed the following motion and is most anxious to see a Joint Meeting of the Shakopee School Board, Shakopee City Council, Shakopee Community Services Board, and appropriate staff members take place as soon as possible. Excerpt from Shakopee Community Services February 23, 1987 Minutes: "Board and Staff spent a lengthy amount of time discussing the S.C.S. 6 Community Relations Report authorized by the Shakopee School Board. Motion by Rislund, seconded by Roper, that a joint meeting be requested with the Shakopee School Board, Shakopee City Council, and appropriate staff to discuss: 1. In what way and through what Model the recently authorized Public Relations Position and proposed additional Community Education Staff Member position be funded? 2. What is the best vehicle for guiding this program: an independent or advisory board? 3. As recommended by the authors of the report, a Needs Analysis should be undertaken. S.C.S. is willing to lead the way if desired, but an understanding must be reached so that there is no duplication on the part of all cooperating agencies. 4. That there is a concern that the good relationships that currently exists between these cooperating agencies continue, and that areas of responsibility be clearly defined." Your expediting the fulfillment of this request will be greatly appreciated. Sincerely, George Muenchow, Director Shakopee Community Services A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 F-1 Federal update c�� 8e , �- Action Alert ✓URGE IMMEDIATE ACTION TO FREE FEDERAL HIGHWAY AND TRANSIT FUNDS ISI Cities face the prospect of long delays in the construction of vitally needed roads, bridges and access to transit funds unless Congress acts soon to reauthorize the Surface Transportation Assistance Act. The National League of Cities has already sent material detailing critical issues for cities to daily newspaper editors, including those in Austin, Brainerd, Duluth, Fairmont, Faribault, Fergus Falls, Hibbing, Mankato, Marshall, Minneapolis, New Ulm, Owatonna, Red Wing, Rochester, St. Cloud, St. Paul, Virginia, Winona, and Worthington. Officials are strongly urged to follow up with local daily newspaper editors to provide information on affected local highway and transit projects and to urge editorial support for immediate action on the legislation when Congress resumes session Feb. 17 or 1 after the current recess. (See Cities Bulletin, Number 5, January 31-Feb. 6, 1987. ) In addition contact your congressmen and Senators_ Boschwitz and l Durenberger to urge them to make this a matter of highest priority Ac.P ,and to urge Senate and House conference committee members House Q yNU members have not yet been appointed as of 2111 to resolve the f1 differences in the two bills passed earlier in order to vote out a reauthorization bill immediately after the current recess. Additional issues to be opposed An added concern is the reported efforts by some state highway officials from across the nation to revive a 1985 proposal from the Urban Mass Transit Association and Amercian Association of State Highway and Transit Officials (AASHTO) for state transportation department administration of Section 9 transit programs for cities under 200,000 population. Under this proposal made recently to Senate members of the conference committee on transportation act reauthorization, states would directly administer such funds for smaller, non-metropolitan cities. Raising a controversial issue of this kind in the conference committee is sure to further delay the final adoption of the needed reauthorization legislation. This provision has not been the subject of previous mutual consent on the part of smaller cities with state transportation departments. Members of the Minnesota cong-essional delegation should be urged to reject it as an unnecessary addition to the pending legislation now in conference. F-2 Construction projects at risk At stake in Minnesota are some $200 million in highway construction projects, including $120 million in interstate highway completion projects. There is a zero balance in the state's Interstate Completion Fund. Also affected are 4R Primary, bridge and interstate substitution categories. Some 75 bridge repair projects would be among those most affected by further delays in the release of federal funds. Our shorter construction season makes early resolution of the debate on reauthorization even more urgent. Background to the debate The Surface Transportation Assistance Act of 1982 expired last September 30. Congress failed to pass the reauthorization legislation by the end of the 1986 Session. Since then, cities have been unable to gain access to federal Highway Trust funds. These funds do not contribute to reducing the federal deficit. They come from the nine-cent per gallon federal gasoline tax and other user fees which continue to be collectedand held by the federal treasury unavailable to local governments that need them for major transportation repairs and operations . Congress should move now to release those funds without further delay. The current balance in the federal Highway Trust Fund is $9 billion, according to the National League of Cities. According to national survey results from AASHTO, nearly 800 projects across the nation will be lost if reauthorization legislation is delayed even to March 1 . Thousands more such projects will also be lost if delays continue through summer. g� MACKENZIE, GUSTAFSON, LUCAS & RILEY, LTD. ATYIWBYB AXD NYX58WL4 AT LAN 424 SOUIN MINNESOTA AVE. P.O.BO%3fi0 MA. M K.MM ENLE ST.PSBQ MI�A aMRl PAUL H.TAMS.JR. W M.GUSTAF N ISOTI 8313430 JAMES S.STENSON.CPA SROID M.LUUS MK'MAEL K.RILEY February 9, 1957 Mr. John Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: David Leivestad/ Carburetion & Turbo Systems, Inc. Dear Mr. Anderson: The undersigned law firm represents David Leivestad who lives in St. Peter and who owns and operates Carburetion & Turbo Systems, Inc. in the City of Shakopee. As you are perhaps aware, the lease on the building where said firm is presently located will be expiring in the near future, and Mr. Leivestad has to relocate his business. Mr. Leivestad has signed a purchase agreement concerning property located at 3401 Eagle Creek Road in the City of Shakopee. Said property is presently mined by Distribution Construction Company out of Tulsa, Oklahoma. Said property is an industrially zoned property consisting of approximately 129,900 square feet, of which approximately 120,300 is usable. The property presently has a 5,000 square foot warehouse building located on it. My client proposes to buy the subject parcel and to add on an additional 2,000 square foot building to the front of the existing structure. The additional space will be used for warehousing and will measure approximately 40 X 48 feet. The proposed addition will comply in all respects with the zoning requirements. My client has hired Lesters to design and construct the addition, and they are preparing an architectural and landscape drawing which will help show the proposed completed structure. My client proposes to use the completed building for light industrial purposes, office space, research and development,and light assembly work. It appears that this usage falls within Ordinance #204, Section 11.36, Subdivision 2, I - Light Industrial . The proposed plan will comply with all the requirements of the race track district, and the site will be fully landscaped with trees, shrubs, and other appropriate screening. g'd Mr. John Anderson February 9, 1987 Page 2 We would urge you to favorably consider this proposal at your next meeting. Sincerely, MACKENZIE, GUSTAFSON, LUCAS & RILEY, LTD. By ' Jerold M. cas JML cke cc: David E. Leivestad, Carburetion & Turbo Systems, Inc. cc: Dennis R. Kraft, Community Development Director, City of Shakopee, 129 East First Avenue, Shakopee, MN 55379 cc: Mayor Eldon A. Reinke, City of Shakopee, 129 East First Avenue, Shakopee, MN 55379 It is the opinion of the Community Development Director that the provisions of the mandatory PUD ordinance do apply in this situation. The subject property is located in the RTD District (which requires a mandatory PUD review) and also within the area on the zoning map designated for mandatory PUD review. This request has not been reviewed by the Planning Commision nor has a public hearing been held on the request. X association of BULLETIN metropolitan � ce�vo municipalities FEB 27 1997 February 26, 1987 CITy OF SHHKOFE= TO: AMM Member Cities FROM: AMM Staff RE: CRITICAL LEGISLATIVE ISSUES WHICH NEED YOUR ATTENTION -6x SALES TAX ON LOCAL GOVERNMENT PURCHASES This is an obvious attempt on State Government' s part to reduce aid to local units and help solve its problem at our expense. It equals approximately 2% of your total annual budget and will be a reduction in service or a pass through property tax increase if levy limits are relaxed which is unlikely. Please take this issue seriously . Without your help to defeat it - - it will likely pass -MOTOR VEHICLE EXCISE TAX (MVET) The Governor's proposal to leave this over $200 million in the General Fund comes at a time when highway and transit funding are in critical need. The highway system cannot be maintained under the current funding scheme much less with the deletion of MVET. The Metropolitan Area is in desperate need for improved/upgraded highways and more transit alternative/opportunities not less. Other funding schemes, ie. increased gas tax, do not aid transit only highway. The MVET is needed, it was promised, don' t let them take it away without a battle. A good transportation system is needed to continue economic growth. -TRANSIT The Governor has suggested that about $5 1/2 million per year be deleted from the Regional Transit Board's state appropriation request and be added to the property tax. Various studies have suggested that the property tax support 35% of the Transit cost. It now supports over 45%. How much more can it handle? MVET is needed for transit. The metro area could be as bad or worse than L.A. , S.F. , Chicago, N.Y. , etc. - - with traffic conjestion by the year 2000 if we allow transit and highway funding to be reduced. Gas tax does not support transit, only the general fund or MVET does . Highways alone cannot do the job. A working transit system is an absolute must. ,p , — Qve_/ 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 -1987 LGA The Governor' s budget proposes a reduction of the already certified 1987 LGA by $5 million. This seems like an unnecessary punitive position at the beginning of a biennium. ACTION REQUESTED: Please call and write your legislators individually. Many have commented that they are not hearing from the folks at home on these four important issues. PLEASE let them hear about this soon For more information call Roger Peterson or Vern Peterson at 227-5600. Distribution Note: This Bulletin has been mailed to AMM member Mayors and Managers/Administrators only. Please distribute to other officials in your city as you deem appropriate. -2- 96 MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer RE: Killarney Hills Right-Of-Way Vacation DATE: February 27, 1987 INTRODUCTION: At their November 4, 1986 meeting, Council directed staff to initiate vacation pro- ceedings on the right-of-way of Sharon Parkway and Tyrone Drive within Killarney Hills Addition that is located in the T.H. 101 bypass. Attached is a October 29, 1986 staff report that discussed the issues that led to that Council action. A public hearing of the proposed vacation is scheduled for 8:00 P.M. , March 3, 1987 for the purpose of recieving public testimony concerning same. RECOMMENDATION: If there are no unresolved issues at the completion of the hearing, I recommend that Council direct staff to prepare the appropriate resolution to finalize the vacation proceedings. REQUESTED ACTION: Move to direct staff to prepare the appropriate resolution for the vacation of Sharon Parkway and Tyrone Drive located adjacent to Lots 1 through 6 of Block 1, Lots 6 and 7 of Block 4, Lot 1 of Block 5 and Outlot E, all aforestated parcels being within Killarney Hills Addition. KA/ps Attachment MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfel d, 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. u . 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-o£-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 7" 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 h 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 429 assessment project or a petitioned 429 assessment project. Examples of similar Council initiated rehabilitation projects are Eaglewood, . Timber Trails, and Fourth Avenue. - Future Status of Platted Right-of-Nay 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 21 Block 1 by adverse possession. This threat k 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. 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 1,7'l Y OF SHAKOPEE _ �� PUBLIC WORKS DEPART NT MEMO TO: John Anderson & Ken.Ashfeld FROM: Jim Karkanen - Public Works SUBJECT: Killarney Hills Maintenance DATE: Oct. 17, 1966 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. n16, 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, exceptforMr. 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 precedent 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. __ QI'"g .�•� 2s C r ti' 44] .. l \ � P IL�_•.>��.C��J''v 9/ST2w�\ 6� ErN_] ;2N- - .. \ ' ,�1 •\`mac\ ,�zi:e:Sly`.` p.zpr'c, 0 N .IZZ ;7:7 / pSe ro o a� - „ •. ., g2. �. a ,-e, , — A' i C `t'JI�ti `: !si't's .: : � Z•!+:� F yy".. � ,. \„5°+''l �S tF' T �I•\. mm --3 E'9?:3E N___m e` _ 1 ... '— r sl:2gy./• \TfV �i' F' 6 0ch Ln 00 h>: W C 12 u .:.n �. p•j7 COV i 2 I I , I I OUiLOT C AVENUE I I SECRETARIAT I I 2 I I- 2 ' sr 10 CIO 11.1 }•�Ait i � TzfE \� CrT Cq � y e 5 OUTLOT "E' y' CLF I I PARK 3 2 eO. �2 ""....;., 1 s 3 a ✓CF�4 2 7 RO I y 5 1 1 t 3 2 6 OUTLOT D OUTLOT F OUTLOT G 1 � i I OUTLOT C OUTLOT B 'UTLCT A-° 11I i i - City Council' November 4, 1986 Page -2- The city Engineer reviewed the issues involved with the roadways within Killaaey Hills Addition. In a menet from Jim Karxanen, Public Works, there is demand for roadway maintenance services. Tnere is no developers agreement Z and the roadway has not been improved nor is there a comitment on any party O to make improvements. The consensus was to enter into an easement agreement with Pf;. Hauer to allow him to use Lot 2 until such time as the by-pass is to be constructed, and with that easement agreement we do not agree to construct, rove, or maintain the balance of Sharon Parkway. Leroux/Lebens m ed to put crushed rock material on Sharon Parkway so that it J can be maintained for public saftey and keep the cost of those items recorded V to add to future improvement assessments. To direct staff to prepare the appro- priate resolutions to commence Cc ncil initiated improvements to roadways within 2 Killarney Hills Addition. To direct staff to initiate vacation 2 oceedi os 7 on Sharon Parkwu and_Tvron� iacent to is 1 through o oc , v tso an 7-0� oc t 1 0 lock S and Outlot E, all atorestateec reels being within KillarneyhUls Addition. To Erect start to not y T. I Hauer coat the City enter into an=sement agreement with him on his continued enroa--r e t of lot 2, Block 1 of Killarney Hills Addition and that a time limit be placed on that easement agreement. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Leroux moved to approve Change Order No. 1 to the 1986-5 Timber Trails - Rehab'litat- Pro ' i� n the amount of $6,380.00.- - Ro11 -&It . Ayes: uuanunrou.>s Noes: None ..Potion carried. Vierling/Lerouc moved to adopt the investuent policy dated October 24, 1986 as proposed. Roll Call: Ayes: tineniamus Noes: Nora Potion carried. Lebens/Wampach moved to authorize the purchase of one Schwab Fireguard Safe from Svel Business Egaipmant at a cost of 51;397. Roll Call: Ayes: tinani� Noes: None Potion carried. V'ierling/lero m ved to approve Officer Gary Nosbusch's request for a sa-cy day leave of absence without pay cammencing November 5, 1986. RD11 Call: Aves: UTkmunious Noes: None Potion car ed. Vierling/Ler. moved to accept the resignation of S_=meant K�eth Hanel effective 1700 hogs, January 1, 1987. Roll Cal-7- Aver- T"rckTd;n us. Noes' None. Potion carried. Vierling/1eroux moved to authorize the hiring of one patrol officer effective December 1, 1986. Roll Call: Ayes: Sinaniarous Noes: None Motion carried. Lerc n /Vierling m ed to accept the check from Mr. Stans and that a letter of gratitude be sent to Mr. Stans for his generous contribution and that Mrs. Henderson Likewise be thanked for her part in sparking this whole procedure. Potion carried uianineusly. qC MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Appeal of the Shiely Company Conditional Use Permit DATE: February 27, 1987 Introduction On February 3 , 1987 the Shakopee Planning Commission granted an amendment to the J. L. Shiely Company to increase their daily hours of operation for the rock excavation operation that they have at their property which is located at 6896 Highway 101 in the eastern part of Shakopee. Mr. Kenneth Watkins filed an appeal to the granting of this amendment by the Shakopee Planning Commission. Background The J. L. Shiely Company has been operating a rock extraction business at the above location for a number of years. Because of the elevation of the ground water table in the location around the quarry, it has been necessary for the Shiely Company to essentially pump the quarry dry before beginning the extraction operation. The mining operation does not occur throughout the year so the quarry is allowed to fill up with water after the years extraction operations are completed. The Conditional Use Permit which gave the Shiely Company the right to engage in this extraction activity limited their hours of operation from 7:00 a.m. to 7:00 p.m. for a period of four continuous months. In December the Shiely Company applied for an amendment to their Conditional Use Permit to change the hours of operation from 7:00 a.m. to 7:00 p.m. to 6: 00 a.m. to 10:00 P.M. for a four continuous month period. The reasons stated for seeking this extension was to allow two extraction shifts to work each day rather than the one shift which was allowed for the 7:00 a.m. to 7:00 p.m. time frame. The Shiely Company indicated that if they were allowed to work two shifts per day to would have to pump water for a shorter period of time each year. Mr. Kenneth Watkins, who lives at 8464 Eagle Creek Boulevard filed an appeal to the amendment of this Conditional Use Permit and indicated his concern about the impact that this pumping operation might have on the operation of the well for his house. Mr. Watkins also indicated that a neighbor of his recently had a well that went dry and that he does not know whether there is a connection between this and the Shiely pumping operation. Mr. Watkins filed his appeal as provided for in Section 11.04 Subd. 6.c.10 of the Shakopee Zoning ordinance which indicates that a written appeal may be made by any interested party and must be received by the City within seven days of the Planning Commission action. Mr. Watkins did file his appeal within a timely manner and therefore this matter is now before the City Council for consideration. Alternatives 1. The City Council can uphold the decision of the Planning Commission granting the amendment to the Conditional Use Permit for the J. L. Shiely Company. 2. The City Council can overrule the Planning Commission and deny the amendment to the J. L. Shiely Company Conditional Use Permit. Recommendation In that the J. L. Shiely Company potentially will operate for a shorter period of time year it would appear that the amendment to the CUP will probably have less of a negative affect upon the level of the ground water table in the vicinity of the operation than is currently the condition under the Conditional Use Permit before it was amended. It is also possible that this is something that should be brought to the attention of the appropriate State agencies when pumping permit is granted. It is further possible that at the time the Conditional Use Permit is next reviewed that Mr. Watkins could be contacted to determine if a problem does exist with the level of the ground water table at his home. Based upon the information which currently exists on this subject, and the fact that the Shiely Company should be pumping water for a shorter period of time each year it is recommended that the City Council uphold the decision of the Planning Commission in granting the amendment to the Conditional Use Permit for the J. L. Shiely Company. It is recommended that the City Council move to uphold the amendment to the Conditional Use Permit for the J. L. Shiely Company which was granted by the Planning Commission on February 3, 1987 and allow the hours of operation to be extended to the time frame of 6:00 a.m. to 10: 00 p.m. for a period of four continuous months for the property located at 6896 Highway 101. DRK/jms MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: The Creation of a New Zoning District, The Urban Redevelopment District (URD) and the Rezoning of Certain Properties from B-1 to URD (Lots 1-5 Blk 168 Shakopee City, South 1/2 Blk 2 East Shakopee Plat, Lots 1-5, Block 7 East Shakopee Plat) DATE: February 27, 1987 Introduction: Consideration to add a new section to the Zoning Ordinance Urban Redevelopment District (URD) and rezoning certain property from B-1 to URD. Background: Mr. Bill Jongquist is the owner of Fairest Made Foods which is located at 134 S. Main Street and is zoned B-1. The property is used for food processing and is a non-conforming use in the B- 1 zone. The property was zoned B-5 prior to the adoption of the current Zoning Ordinance in 1979. Prior to that the property was zoned R-1. The Fairest Made Foods operation was initiated in 1976. Prior to that time the building was used as a camper topper manufacturer. Neither the camper topper use or the Fairest Made Foods facility were permitted uses in the B-5 or R-1 Zones. The camper topper manufacturer may have been a non conforming use in the B-5 Zone at the time Mr. Jongquist acquired the property. The Zoning Ordinance does not allow the expansion of a non- conforming use. At this time, Mr. Jongquist would like to expand his business, but cannot do so under the existing zoning regulations. On December 4, 1986, the Planning Commission considered an amendment to the Zoning Ordinance which would allow limited food processing in the B-1 zone as a conditional use (this would require the issuance of a conditional use permit [CUP] ) . The Planning Commission recommended to the City Council that the zoning Ordinance be amended to allow limited food processing in the B-1 zone with the issuance of a CUP, however, the Ordinance amendment did not receive the approval of the City Council at the regular meeting of January 6, 1987. Subsequent to the Council' s rejection of the CUP amendment a special council meeting was held on January 16, 1987, at which time the Council directed that a new zoning district be created, (the URD District) and that the matter be referred to the Planning Commission for a public hearing to be held on February 12, 1987. The public hearing was also for the purpose of considering the rezoning of the three half blocks, as described above, from B-1 to URD. There are certain parcels of property in the City of Shakopee which are located adjacent to the railroad tracks and are presently either undeveloped or underdeveloped. These properties are not particularly attractive for uses which are allowed in the B-1 District. Likewise, the proximity of the railroad tracks results in these properties being not suitable for residential uses, however these properties would have some potential for some types of commercial . or industrial use. The subject properties are located in close proximity to residences. The rezoning of the subject properties to either I-1 or I-2 Districts would allow the properties to accommodate industrial uses, but would not provide protection for the nearby residential uses. The creation of an Urban Redevelopment District (URD) would allow a limited number of industrial and commercial uses, but would also provide protection for nearby residential uses by incorporating a PUD requirement for all developments, similar to development in the RTD (where all uses also require a mandatory PUD) . There are also some additional performance standards which t are built into the URD which will provide further protection for area residential uses. At a special meeting on February 12, 1987 the Shakopee Planning Commission held a public hearing on the above- discussed zoning ordinance amendment and, after discussion, voted 3-2 to deny the proposed amendment. Recommendation: The staff recommends that the City Council review the attached ordinance draft. If the City Council adopts the attached ordinance then it should also consider amending the zoning map by rezoning the above - mentioned parcels of land from B-1 to URD. Alternatives which the Council could pursue include the following: (1) Create a new URD zoning district and rezone the properties listed in the beginning of this memo from B-1 to URD. i (2) Do not create a new zoning district and leave the subject properties in the B-1 zoning district. ( 3) Amend the zoning ordinance to permit limited food processing as a conditional use in the B-1 zone as recommended by the Planning Commission in December. Action Requested: Move to adopt Ordinance No. 215. Ordinance No. 215 Fourth Series An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code Chapter 11 Entitled "Land Use Regulations ( Zoning) by Adding a New District to Section 11. 20 To Be Known as URD Urban Redevelopment District; by Amending Section 11.21 Zoning Map by Transferring Certain Lands From One District to Another; By Adding a New Section 11.37 Entitled "Urban Redevelopment District" and by Adopting by Reference Shakopee City Code Chapter I and Section 11. 99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section I : New Zoning District Added A new zoning district is added to Section 11. 20 to be known as the URD Urban Redevelopment District. Section II: New Section 11. 37 Added Section 11.37 URBAN REDEVELOPMENT DISTRICT (URD) . Subd. 1. Purpose. This planned industrial district was created exclusively for lands located adjacent to the railroad tracks and in the original plat of the City of Shakopee, the East Shakopee Plat or Koeper' s Addition. To be eligible for inclusion in the URD district property must be located in close proximity to arterial or collector streets. All property located in the Shakopee Central Business District (and zoned B-3 ) is specifically excluded from eligibility to be rezoned URD. It is the intent of the district to create an environment with a high degree of compatibility with nearby land uses, while recognizing the reuse limitations of certain lands adjacent to, or in close proximity to, railroad tracks and arterial and collector streets. It is further the intent of this district to provide for a i compatibility of land uses while being sensitive to the needs of P Y nearby land uses, and to encourage more efficient utilization of existing developed parcels of land, and to provide the means for greater creativity and flexibility in environment design through the departure from the strict application of required setbacks, yard areas and other performance standards associated with traditional zoning. This district will allow for the integration of compatible uses within a project. This district will also require the planning of an entire land ownership as a unit rather than permit piecemeal development. Subd. 2 Uses Permitted by Planned Unit Development (PUD) Within the Urban Redevelopment District no structures or land shall be used except for one or more of the following uses, which uses shall be permitted only upon the approval of a PUD and subject to all stated conditions: A. Animal Hospitals/Clinics B. Accessory Uses C. Assembly/Storage or Processing of: apparel food products, (not to include slaughtering or rendering) glass pottery lumber & wood products paper products textiles D. Banks E. Car Washes �o a� F. If abutting a State Highway: - auto service stations - hotels - motels - restaurants - class I G. Multi Family Residential H. Offices I. Open Sales Lot J. Public Buildings K. Retail Businesses L. Wholesale Businesses Subd. 3 Lot Area, width, Yard and Coverage: Building Height A. Minimum Lot Size: 20,000 square feet B. Minimum Lot width: 100 feet C. Minimum Yard Requirements: (1) Principal Structures a. Front Yard - 30 feet b. Side Yard - 10 feet C. Rear Yard - 20 feet (2) Accessory Structures a. Front Yard - 30 feet b. Side Yard - 5 feet C. Rear Yard - 8 feet (3) Setback - Parking a. Front Yard - 10 feet b. Side Yard - 5 feet C. Rear Yard - 10 feet D. Maximum Hard Surface Lot Coverage: 90% E. Maximum Building Height: 25 feet or 2 stories Subd. 4 Performance Standards A. Acceptable Building Materials 1. All portions or sides of buildings which are visible from a public street, or abut a residential or institutional use, or zone, or place of assembly such as a public park or recreational facility shall be constructed with durable, low maintenance, quality building materials. 2. The following exterior building materials shall be deemed acceptable for the required portions or sides of the building: face brick, stone, glass, wood, architecturally treated concrete, decorative block, cast in place or precast concrete panels. B. Minimum Landscape Requirements. 1. All plant materials used in the required landscaping of the Urban Redevelopment District shall comply with the following minimum sizes: Major Deciduous 2 1/2 inch diameter Ornamental 1 1/2 inch diameter Coniferous 6 feet in height Major Shrub 5 gallon 2. Landscaping shall be required in an amount equal to one (1) caliper inch per 500 sq. ft. of building gross floor area. Credit may be given for existing quality trees using the same formula. 3. Landscape plans shall be required and shall be prepared by or under the supervision of a landscape architect. They shall show types, common and botanical names, sizes, number and location of all plant materials. 4. No building permit 'shall be issued until the applicant shall file with the Building Official, a performance bond, or other guarantee acceptable to the City, in the amount of one and one half (1 1/2) times the cost of completing the required landscaping, said cost to be determined by the Administrator. The bond or other guarantee shall cover one calendar year and two complete growing seasons. C. Screening. The following must be screened: (1) roof-top Facilities; ( 2) parking areas; and (3) loading and service areas. One or any combination of the following elements may be used to meet the screening requirements: site design, building design, grade separation, berming, landscaping, fences, walls or other landscape features. /d Q/ 1. Roof-top Facilities. a) All roof-top facilities shall be either: ( 1) Totally screened from the eye level view from adjacent parcels and existing and planned public streets, ( 2) Painted to match or complement; (3) Incorporated into an architectural design which is aesthetically compatible with the principal structure. b) All materials used to screen roof-top utilities shall be aesthetically compatible with the exterior building materials of the principal structure. 2. Parking Areas. All parking which occurs within the required front yard shall be screened to at least the height of the headlights of the parked vehicles or three feet. The use of screening shall require at least two types of screening materials use proportionately at 60$/40$. One type of screening material may not be used for more than 60% of the required screening. 3 . Loading and Service Areas. Loading and service areas shall not face directly on a public street. Maneuvering and truck loading areas shall be at least 50% screened, to a height of four feet from the eye level from all roadways. 4. All required screening shall comply with the performance bonding requirements established for Landscaping. (SUBD 4 B) . D. Storage. The storage of all materials; semi-finished or finished products; equipment and waste products shall be within a completely enclosed building. oft ' E. wherever a 1=PB District abuts, or is across a street or railroad right of way from an R District, a fence or compact evergreen hedge, not less than eighty percent (80%) opaque, nor less than six feet ( 61 ) in height, except adjacent to a street where it shall be not less than three feet (3 ' ) nor more than four feet ( 41 ) in height, shall be erected and maintained. F. No overnight operation of semi-trailer or truck refrigeration units shall be allowed, except in loading areas which are screened in a manner consistent with the provisions of this ordinance. G. Loading or unloading of trucks or trailers shall not be allowed between the hours of 10 PM and 7 AM if the use is located within 100 feet of a residential district. H. Off-street parking and loading spaces shall be provided for various uses as required by Section 11.05, Subdivision 3. SUBD. 5 Variances. Variances may be negotiated within this district except as specifically restricted by Section 11.40, SUBD. 4, A through F. Variances shall be allowed for access spacing (SUBD 3 F above) only if the PUD proposal provides for a lesser number of accesses than would be permitted by strict application of this Section. Variances from Section 11.36, SUBD. 4, A through E shall not be negotiated. _ Section III: Zoninci Map The following Parcels are hereby transferred from the present zoning district as follows: Subd. 1 From B-1 District to URD District: A. Lots 1-5, Block 168, Shakopee City B. South 1/2 Block 2, except Railroad Right of Way, East Shakopee Plat C. Lots 1-5, Block 7, East Shakopee Plat Section Iy: Adopted by Reference The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 5. 99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section V: When in Force and Effect After the adoption, signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1987. Mayor of the City of Shakopee ATTEST: City Clerk /o .b MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Report from City Hall Building Committee DATE: February 27, 1987 Introduction The City Hall Building Committee met on February 26, 1987 for the third time to evaluate the need for a new City Hall. The Committee focused on several key decisions so that they could make a recommendation to City Council by Council's March 3rd meeting as requested by Council. The minutes of their February 26th meeting are attached. Also attached is Resolution No. 2698 drafted by O'Connor Hannan lfor authorizing the bond election. Background 01i7ufeS /!74,,1_-01 d,,-ec�411 {/'01n �GO/vnOIJ /j/bfli�c�' The Committee received an orientation and additional information from City staff and Boarman Architects regarding the proposal to build a new City Hall. 1. The Committee obtained sketches that evaluated placing an addition on the existing City property attached to or adjacent to the existing Police and Public Works Building. 2. The Committee received information about the cost and practicality of expanding the existing City Hall in the present location to meet future space needs. 3 . The Committee received information regarding the proposed bridge and mini by-pass as it related to the existing City Hall facility. 4. The Committee received a list of space needs from each department head and had an opportunity to question each department head. 5. The Committee received a floor plan layout for a proposed new City Hall and for expansion of the existing City Hall for comparison purposes. 6. The Committee received projections on City growth, and discussed growth potential with the architect and the Community Development Director Dennis Kraft. Findings The Committee came to a strong consensus on the following findings: - 1. That the existing City Hall facility could not be reasonably expanded to accomodate the expected growth of City staff and City activities during the 10 years. A key reason that expansion of the existing facility was not practical was the extensive amount of square feet devoted to hallways and the cost of making the structure handicapped accessable. 2. That parking adjacent to the existing facility, if expanded, would not be convenient for people using City Hall. 3. That a reasonable target for the new City Hall would be 17,800 sq. ft. This figure should provide adequate space for at lease ten years worth of growth at the currently projected rates. 4. That sufficient land should be purchased adjacent to either site under consideration to enable horizontal expansion of the facilities rather than vertical expansion or expansion in unfinished basement areas. 5. That the total project cost should be set at $1,900,000 with $500,000 being provided from the present Capital Improvement Fund. 6. That a bond issue of $1,400,000 be placed before the voters. 7. That the $1,400,000 bond issue debt service be timed to replace the current annual debt service payments for the Public Service Building (Police and Public Works) to minimize fluctuation in tax rates. 8. That City Council change the target date for the bond election and seriously consider placing the issue on the ballot this fall. The Committee recommended the change in timing for two reasons. First, many of the citizens they have talked to were not aware that the City was considering building a new City Hall and, therefore, the April 28th date would not provide enough time to "get the word out" . Secondly, the recent mailing of 1987 tax statements has created a good deal of concern on the Committee' s part about whether an issue placed on the ballot for April 28th would be successful. Summary and Recommendation The Committee has had a core of approximately 15 members that have been attending meetings regularly. The Committee has one or two meetings left to complete the charge given it by City Council. The Committee arrived at a very strong consensus regarding the findings listed above and members feel comfortable in recommending to the City Council that its pursue construction of a new City Hall. But, the Committee does not find it advisable to place the bond issue on the ballot for April 28th for the reasons sited above, and suggests Council consider placing the issue on. the ballot in the fall of 1987. JKA/jms Extract of Minutes of Meeting of the City Council of the City of Shakopee, Scott County, Minnesota Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Shakopee, Minnesota, was held at the Shakopee City Hall on January 20, 1987, commencing at 7: 30 o'clock p.m. , C.T. The following Councilmembers were present: and the following were absent: . The following resolution was presented by Councilmember , who moved its adoption. RESOLUTION NO. 2598 RESOLUTION DETERMINING THE NEED FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1. The City Council hereby finds and determines: - a) that it is in the best interests of the City and its residents that the City acquire land and con- struct thereon a new City Hall (the "Project" ) ; and b) that it is necessary to the sound financial management of the City that the Project be financed in whole or in part by the issuance and sale of the City' s general obligation bonds in an amount not to exceed $ [AMOUNT) . 2. The proposition for the issuance of such bonds shall be submitted to the voters of the City at a special X election to be held on [REFDATE) , 1987. The election shall be held and conducted in accordance with the laws of the State of Minnesota relating to special elections. 3. The City Clerk shall cause a notice of election in substantially the form attached hereto as Exhibit A to be posted and published as required by law as follows: a) The notice of election shall be published once in the official newspaper of the City at least two weeks prior to the election; b) The notice of election and a sample ballot shall be posted -at each of the polling places at least ten days prior to the election; c) The notice of election and a sample ballot shall be posted in the office of the City Clerk at least four days prior to the election; and d) The sample ballot shall be published in the official newspaper of the City at least one week prior to the election. 4. The polls for the election shall be open at 7 :00 o' clock a.m. , C.T. , and shall remain open until 8:00 o' clock p.m. , C.T. , and the polling places for the election shall be as follows: Polling Places Precinct 1 - Fire Station 334 west 2nd Avenue Precinct 2 - Public Library 235 So. Lewis Precinct 3 - Presbyterian Church 909 Marschall Road Precinct 4 - _Eagle Creek Town Hall Junction of CR-16 and CR-83 Precinct 5 - Christ Lutheran Church 1053 So. Jefferson 5. The City Council currently has under consideration two possible sites for a new City Ball, the Gorman Street Site, located on Gorman Street immediately east of the City's police and public works facility, and the Block 50 Site, located on Third Avenue immediately South of the City's Library. In order to gather additional information on the preferences of the electorate regarding those two sites, the City Council hereby directs that the ballot shall also contain an advisory question indicating whether the voters prefer the Gorman Street Site, the Block 50 Site, or have no preference as to those sites. This question shall be purely advisory and is not intended to be binding on the City Council as to one or the other of those sites or alter- native sites. 6. The City Clerk is authorized and directed to pre- pare separate ballots for the election to be printed on blue paper in substantially the following form: OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE, MINNESOTA k [REFDATE] , 1987 QUESTION NO. 1 SHALL THE CITY OF SHAKOPEE ISSUE AND SELL ITS GENERAL X OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $[AMOUNT] FOR THE PURPOSE OF ACQUIRING LAND AND CONSTRUCTING THEREON A NEW CITY HALL? ( ) YES ( ) NO INSTRUCTIONS TO VOTERS ON QUESTION NO. 1: Voters desiring to vote in favor of the foregoing proposition shall make a cross mark (X) in the square opposite the word YES. Voters desiring to vote against the foregoing proposition shall place a cross mark (X) opposite the word NO. QUESTION NO. 2 WHICH OF THE FOLLOWING SITES WOULD YOU PREFER FOR THE LOCATION OF A NEW CITY HALL? (_) The Gorman Street Site, located on Gorman Street immediately east of the City's police and public works facility. (_) The Block 50 Site, located on Third Avenue immediately south of the City's Library. ( ) No Preference. INSTRUCTIONS TO VOTERS ON QUESTION NO. 2: Voters should make a cross mark (X) opposite one of the three choices. Question No. 2 is advisory and informational only and is not intended to be binding on the City Council. A voter may respond to Question No. 2 whether the voter responded YES or NO to Question No. 1. A voter ' s failure to respond to Question No. 2, or an invalid response to Question No. 2, will not void the voter ' s re- sponse to Question No. 1. _ 7. The City Council shall meet in the City Hall on V , 1987, at o'clock p.m. , C.T. , '1 to canvass and declare the results of the election. Adopted this day of 1987. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. EXHIBIT A NOTICE OF SPECIAL ELECTION CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Shakopee, Scott County, Minne- sota, on [REFDATE] , 1987, at which the following proposition will be submitted to the voters of the City for their ap- proval or rejection: .SHALL THE CITY OF SHAKOPEE ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $[AMOUNT] FOR THE PURPOSE OF ACQUIRING LAND AND CONSTRUCTING THEREON A NEW CITY HALL? ( ) YES ( ) NO The following question shall also be submitted ' to the voters on a non-binding advisory basis: WHICH OF THE FOLLOWING SITES WOULD YOU PREFER FOR THE LOCATION OF A NEW CITY HALL? (_) The Gorman Street Site, located on Gorman Street immediately east of the City's police and public works facility. (_) The Block 50 Site, located on Third Avenue immediately south of the City's Library: ( ) No Preference. The polling places for said election are as follows: Precinct 1 - Fire Station 334 West 2nd Avenue Precinct 2 - Public Library 235 So. Lewis Precinct 3 - Presbyterian Church 909 Marschall Road �6 4 Precinct 4 - Eagle Creek Town Hall Junction of CR-16 and- CR-83 Precinct 5 - Christ Lutheran Church 1053 So. Jefferson The polls for said election will be open at 7:00 o'clock a.m. , C.T. , and remain open until closing at 8:00 o'clock p.m. , C.T. Any qualified registered voter of the City is entitled to vote at said election, and any resident of the City not previously registered as a voter may register on election day, with proof of residence as required by law. BY ORDER OF THE CITY COUNCIL IJudith Cox City Clerk City of Shakopee, Minnesota Dated: State of Minnesota ) County of Scott ) ss. City Clerk ' s Certificate City of Shakopee ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of a regular or special meeting of the Shakopee City Council duly called and regularly held on January 20, 1987, with the original thereof on file in my office and I further certify that the same is a full, true, and correct copy thereof, insofar as the same relates to the calling of a special bond election on [REFDAT$] , 1987. WITNESS My hand as such City Clerk and the corporate seal of the City this day of , 1987. City Clerk City of Shakopee, Minnesota (SEAL) lob C -3 3 � Mit �P�pP�� XICASSOCIAIATLS � AS M E M O R A N D U M T0: All present FR: Jack Boarman, Michael Diem from Boarman 8 Associates tvr) DT: February 26, 1987 RE: Shakopee City Hall We met to review the remodeled City Hall plans, and Tax Impact Scenarios, and noted the following items: 1. Dennis Kraft, Director of Community Development, continued the review of the program from our last meeting. Possibility of adding Planner I or II in next 10 years. Discussion followed of centralized verses departmental computer stations. 2. A review of the proposed mini bypass followed. The bypass would pass directly behind the existing City Hall. 3. Jack Boarman presented the plans of the remodeled City Hall scenario. Jack mentioned the square footage in this plan would need to be greater than a new building due to Inefficient circulation. After reviewing the issues, the task force felt putting additional money into the building would be ill spent. The issues were: lack of parking, inefficient square footage, poor location of community services, image, and cost/value. 4. The task force reviewed the cost impacts and tax levees of the different site options. S. A question was raised as to the future building projects in Shakopee which may affect taxpayers in the near future. John Anderson said he will look into it and report at our next meeting. 6. It was felt that the sale of our existing City Hall is indefinite in terms of a marketable selling climate. The $100,000 previously slated for the proceeds of sale, will therefore be eliminated. 7. After a discussion concerning land, it was felt that the purchase of additional land beyond that proposed would be unnecessary. 8. The Gorman site is 2-1/2 acres. The block 50 site is 1-1/2 acres. 9, 1.4 million shall be the recommended referendum amount. 10. After a discussion of the time table, the committee agreed to recommend the referendum vote be postponed to the fall. This was to enable more time to eget the work out,, to the people of Shakopee. 11. Boarman d Associates recommended a telephone poll on April 28 and a vote at the primarys in September. 12. Next meeting is suggested for March 19, 1987, meeting to continue on final design plans. The This meeting will be- comm ' estimated to report in April on design issueittee planning work is in S. SHAKOPEE MUNICIPAL SWIMMING POOL s��ish splash SWIMMINGOPEN SWIMMING INSTRUCTION Uj WATERSLIDE FUN wale lode PROPOSED 1 9 g 7 it,s COOT & it 's fun! POOL HOURS Weekdays 1:00 p.m. - 4:20 p.m. 6:30 p.m. - 8:20 p.m. Saturdays 6 Sundays 1:00 p.m. - 7:00 p.m. June 6 - August 23 (11 weeks) POOL FEES WATERSLIDE FEES Daily Pool Admission: Ticket: Children (under 19)$1.00 4 rides $1.00 Adults $1.25 Season Pass: Session Pass: Family $34.00 Unlimited rides Individual $17.00 Afternoon or evening $3.00 INSTRUCTION (WEEKDAYS) JUNE 15 - AUGUST 7 ( g weeks) (10: 15 - 12:30 6 5:30 - 6:15) (Two week intervals) FEES $12.00 / Two Week Session Wil./ SHAKOPEE MUNICIPAL SWIMMING POOL Featuring Swimming, Diving, Sunbathing d a Waterslide Located in Shakopee's Lions Park (West 11th Ave. S Adams Street) FOR FURTHER INFORMATION CONTACT SHAKOPEE COMMUNITY SERVICES - (445-2742) CITY OF SHAKOPEE MUNICIPAL SWIMMING POOL/WATER SLIDE 1987 PROGRAM/PLAN A. INTRODUCTION The Municipal Outdoor Swimming Pool located in Lions Park first used in 1969s has been a summer focal point for thousands of fun seeker, swimmers, and sunbathers. For a number of years the facility was able to meet on-site costs from revenues generated. In the past ten years this has not happened. It was anticipated that with the installation and operation of the Water Slide that this deficit operation would no longer exist. This did not happen for various reasons. It is hoped that an increase in revenue will occur eventually. The City has operated the pool as a major service to its constituents. The goal has been to provide a pleasurable safe atmosphere of fun and instruction with a minimum of subsidy. B. BACKGROUND 1. Weather conditions are a major factor that determines to what extent the pool is used each summer. If the temperature soars into the 80's, 90's and above people will flock to the pool in great numbers. If not, they won't. 2. Economic conditions seem to provide a framework of a wait-and-see attitude on the part of many potential pool users. There is a hesitancy to buy season tickets if there is a possible chance that they can get by purchasing only a few daily tickets instead. Cold weather at the beginning of a season is the culprit that stimulates this thinking. 3. Season ticket sales have leveled off in recent years. 4. Lessons registrations also seem to have leveled off. 5. The 1987 Swimming Pool Budget is predicated upon bare bones operation mirrored after experiences of recent years. Emphasis on safety will remain most important! In 1983, a $6050 deficit was budgeted with the actual deficit being $8264. In 1984 it was budgeted at $20,650 with the actual deficit being $17,844. The 1985 deficit was difficult to ascertain because of the blending in of water slide capital expenses. In 1986 it was approximately $32,000. 6. Free Season Tickets and Lesson Instructions are available to residents who qualify for the School Free Lunch Program. C. PROPOSED HOURS OF USAGE FOR SUMMER 1987 1. The season will begin Saturday, June 6, and conclude Sunday, August 23 - 79 days. Same number of days as in 1985 and 1986. 2. Staff will meet for a few hours (paid time) prior to the start of the season to prepare facilities and participate in staff training. 3. The total pool will be available for open swimming from 1:00-4:20 & 6:30-8:20 weekdays and 1:00-7:00 weekends, dependent upon weather. 4. Swimming Instruction will be from June 15 - August 7 weekdays. Hours are 10:15-12:30 & 5:30-6:15. Lessons are in blocks of two-week periods, 45 minutes per day. They follow the Red Cross Program: Tiny Tots and Beginners through Advanced Lifesaving. Advanced Lifesaving Course is for four weeks duration during the first four weeks only. 5. The pool is available for organized responsible groups to reserve the pool for private splash parties beyond regular hours. The fee for these groups is $50 for 1} hours or $1/person, whichever sum is greater. If the water slide is to be included, the group fee will be $100.00 or $2.00/person whichever is greater. D. PROPOSED PERSONNEL 1987 The staff will consist of a Manager, Assistant Manager, Cashier, 8 Guards/Instructors, 6 Aides, and a backup crew of part-time employees. Each of these personnel are scheduled on a regular basis as needed. All perform important functions. They are paid only when they work. O �T p S ^ O I 00 O p 00 O m w w w I yw w w !Oi R N P I n I m 1 m I m e+ Ue u lel I W I mm I S I I b O V1 m rvl �O O I ml W a �n rn m rn mm m I n m o+ W S m�D O �m I ul m I N r m n N N I r N K I K b Z W P rn 1 W 1 a u= el a el e+ 1 m I 1 U 1 m m O m OWN m N V1 N MN m v N O I ml y W O �1 1 V D` Vl O ^ I V b i N ^ ^D• N 11 I I II II Y � at N r ytl I > Ni Pl PJ NJ l^J PJ FJ N I 1' h a O m D\ V1 D\ S a I m O I I N O S m o` hS � v v m vtl I � I I Z y I P R N N II II tl It It 1 Q (o+LeJ @+lel Ve Nl Ni NJ NJ M �C m �D ✓1 ..� vt O. r S I H Z m I ^1 m 1 1 w 1 � w w I wVs w II 11 tl 0 II II II I p II II II R m O\ N m N N m N m PJ NJ @J Nl lel @l leJ FJ wwww w ^ mm �> y -+ P cry I� OnO N I O O VI N N S I N � I w m u E m y I m q p a a a u .O1 On XU Xu XU Xa Xus Hmm 0 a O 0 0 n m m +1 +i .iUU V66 C4 F u > HH I U .i d W Z F F m m m 1 F H O O O HH C C G G C C C W o O. O u u o 0 o a m m nl m m l u u W m X I GF m u F Ru p F m m m a a a m m o a s v I m o 6 v -I o p U 3 W F F F m w m m V p a a a 1 i F. 1987 SHAKOPEE MUNICIPAL SWIMMING POOL BUDGET 1984 1985 1986 1987 1987 CITY OF SHAKOPEE ACTUAL ACTUAL ACTUAL APPROP. 4100 Salaries FT 4868 7106 4828.65 6300 4112 Overtime—Full Time 117 221 4130 Salaries — Temp 25163 30389 35870.23 32000 4140 PERA 262 309 205.22 350 4141 FICA 363 513 345.23 550 4143 Pensions—Medicare 500.11 4150 Health & Life Ins 429 635 434.56 675 4151 Workmens Comp. Insu 571 1010 1036.00 1200 TOTAL PERSONAL SERVICES 31773 40183 41075 4210 Supplies 3101 5102 3887.48 5400 4215 Surface Materials 154 4230 Building Maint. 804 3238 5229.91 2000 4232 Eqip. Haint & Repair 3015 495 8734.36 7000 4319 Promotions 107 4321 Telephone 296 200 227.45 300 4330 Travel & Subsisten 257 4350 Printing & Publish 164 640 323.47 700 4360 Insurance 1067 2987 2969.72 3500 4370 Utilities 4260 6774 9637.82 6500 4380 Rents 120 4395 Merchandise 3999 3979 5839. 54 4500 4411 Current Use Charge 1500 1500 1500.00 1500 TOTAL SUPPLIES & SERVICES 18206 25553 31400 4511 Capcial Equipment 2557 162505 1119.00 3000 TOTAL CAPITAL EXPENDITURE 2557 162505 3000 TOTAL THIS DIVISION 52536 228241 82688.75 75475 c� I m , P O O O P � � � 1 9 a w w w a o 00 o a O OI vi O O O O 00 y O y h! O y N W N N 1 I I I I Z O .N-. 00 NO N OOP O O 00 O vN Y N O W P MNM JNJ J J� ✓1 P � N W N O I U W 6 3 W H II O O 00 O a t h 00 0 � � P �M J J J J ✓1 �h P W N } N N I I r I 0 O a � I 0 0 0 00 ? 00 I J o 0 0 o v 000 N o o w P r of E P M M I ✓1 vt O P � � W �W ti I N , 6 L Z � S ti 00 v O I 1 � 00 � 00 O 00 v O a -+ .y 00 00 O 00 x 4 w M 0 1 O J O O h c O M W u N � cO n w •� 4 .i O � P MM J J a 'OM O P c1N6N N NW N x ti N { E E Ew W u H A a a > O o a c w m O u 0 m u c c 3 a O O u p q u C H a C a a P O D U O W W 9 �n 3 ✓ 9 y a O � .Ti u O a c u N c Sa R 6 U OE a o .u.. 6 ✓� U d U U S W •-r U W c CJ .r. to U U 6 I I• RECOMMENDATION 1. Conduct an 11 week season at the Shakopee Municipal Swimming Pool the Summer of 1987 with fees and hours as recommended by staff: June 6 - August 23 Open Swim Hours .. .. . 1:00-4:20 S 6:30-8:20 weekdays . . . . . 1:00-7:00 weekends Instruction. . . . .. . . . .Children $12/two weeks Gate Admissions. .. .. .Children $1.00 Adults $1.25 Season Tickets: Family $32.00 Single $17.00 Guest/Family $10.00 Guest/Indiv $ 4.00 Sr. Citizen Free Age 1 6 Under Free 2. Water Slide Fees: One day afternoon or evening Session Passes.. . .$3.00 Tickets (4 rides) . . .. .. . . .. . .. .. .. .. . . . . . . . . . . .$1.00 3. Grant free season tickets and swim instruction to residents that qualify for the School District 6720 Free Lunch Program. 4. Wages shall be: Position(s) Beginning Experienced Aides $3.10/hr. $3.50/hr. Guards/Instructors 4.25/hr. 4.70/hr. Cashier(s) 4.25/hr. 4.70/hr. Managers 5.30/hr. 5.90/hr. 5. Group Pool Rental (1} hrs.) : $50.00 or $1.00/person; whichever is greater. 6. Group Pool S Slide Rental (1} hrs.) : $100.00 or $2.00/person; whichever is greater. 7. Aggressive marketing shall take place wherever possible to encourage maximum usage of the swimming pool complex. Ilk MEMO TO: John K. Anderson, City Administrator FROM: Barry Stock, Administrative Assistant RE: Proposed Golf Course/Residential Development/P.U.D. Discussion DATE: February 26, 1987 Introduction• Mr. Gary Laurent and Mr. Tom Haugen are considering the development of a 200 acre site near O'Dowd Park west of the Timber Trails Addition. (See attachment #1) The developers wish to pursue a combination golf course/residential development on the site in question under the Planned Unit Development (P.U.D. ) section of the Shakopee City Code. On February 5, 1987 the Shakopee Planning Commission reviewed the concept plan and provided input in regard to the project design and restrictions imposed by our existing P.U.D. ordinance. On March 5, 1987 the Planning Commission will be considering several amendments to the P.U.D. section of the City Code and the preliminary approval of the Laurent/Haugen P.U.D. At this time, staff is requesting City Council to comment on the Laurent/Haugen proposal and the restrictions imposed by our P.U.D. ordinance. This will allow the developer to fine tune his proposal prior to formal Council action on the project. Background- The purpose of the P.U.D. section of the zoning chapter is to encourage innovation; variety and creativity in site planning and architectural design; to maximize development compatibility; to encourage the planning of entire ownerships of land as a unit; to provide for greater efficiency in the use of land, public streets and energy; to protect important natural and cultural landscape features; to preserve more open space than would be possible without P.U.D. and to provide quality living, working, shopping and recreating environments for Shakopee' s residents and visitors. Additionally, the intent of the P.U.D. section of the code is to provide greater development flexibility by permitting variances and the negotiation of development standards and such other provisions as shall be mutually beneficial to the City and t the applicants. Because the Planning Commission and City Council have not utilized this section of the code in the past, staff has suggested to the developers that a presentation of their concept plan be reviewed by the Planning Commission and City Council prior to the formal application process. This would allow both parties (the developer and the City) to familiarize themselves with the P.U.D. regulations. Additionally, anycomments or suggestions from the Planning Commission at the time of the - presentation could be addressed by the developer prior to future meetings. Finally, this approach would allow staff to point out some of the limitations presently imposed by our P.U.D. ordinance. Developer: Gary Laurent and Tom Haugen Location: See attachment #1 Zoning: R-1 - Rural Residential and S - Shoreland Land Use: Vacant Public Utilities: Not Available Surrounding Land Uses: North - Rural Residential-Agriculture East - Rural Residential-Vacant & Single Family Residential South - Shoreland-O'Dowd Park West - Jackson Township-Single Family Residential & Agriculture Proposal: The applicant is considering a Planned Unit Development consisting of an 18 hole privately owned and operated golf course. The proposed P.U.D. includes single family and multi-family residential. The proposal also includes the placement of a golf course club house some where on the site. Considerations: 1. The developer is proposing approximately 83 lot for single family dwelling units an additional four lots will be used to accommodate four multi-family units ( 4-plexs) . This mixture of single family and multi-family wuld account for a total of ninety-nine dwelling units. Assuming that the site is 200 acres, the average density for this development would be approximately 2. 02 acres per dwelling unit. This represents a 208 variance from the 2 1/2 lot size required in the R-1 and Shoreland Zones. The actual lot sizes being proposed will vary from . 5 to 1 acre. 2. The development being proposed is in an unsewered area. 3 . An environmental assessment worksheet will be completed by the developer prior to final P.U.D. approval. 4 . The developer is proposing to provide a publicly dedicated bituminous trail from Timber Trails to O'Dowd Lake Park and open space in lieu of the park land dedication fee. 5. The developer proposes to complete the P.U.D. in phases over a several year period. A phasing plan will be presented prior to final P.U.D. approval. 6. A golf course would be allowable in an R-1 and Shoreland Zoning District in conjunction with a P.U.D. 7. County Road access permits will be provided prior to final P.U.D. approval. 8. The Club House parking plan meets the City Code requirements. 9. A dedicated r-o-w along County Road 79 will be provided by the developer for future trail improvements. 10. A justifiable sewer and water plan will be presented by the developer prior to final P.U.D. approval. Actual location of these services shall appear on the final P.U.D. design map. 11. A street lighting plan will be presented by the developer prior to final P.U.D. approval. 12. DNR approval of the proposed plan should be provided prior to final P.U.D. approval. 13. All roads should have a 60 ft. dedicated r-o-w. 14. The plan currently contains a cul-de-sac which exceeds the 1000 ft. maximum by approximately 1400 ft. 15. Road grades will not exceed 5%. 16. A drainage plan will be presented by the developer prior to final P.U.D. approval. 17. A golf course is a permitted conditional use in the R-1 Zoning District and a permitted use in the Shoreland Zoning District. Present P.U.D. Restrictions: Ordinance No. 206 1. Subdivision 2C: Utilities - the project site shall be serviced by City water and sewer services. Private water service maybe allowed subject to City Council approval. No mention is made of sewer services. Issue: The proposed project cannot proceed without an amendment to this section of the P.U.D. Ordinance. 2. Subdivision 3 : Uses Permitted - the use of a P.U.D. conveys no right to the use of land other than as permitted by the district within which the P.U.D. is applied. Uses permitted shall be those specified for each zoning district. Issue: Multi-Family Residential is not a permitted or a conditional use permit in either the R-1 or Shoreland zoning districts. Therefore the R-1 and Shoreland Districts would have to be amended making multi family a conditional use in connection with a P.U.D. in order for the project to proceed as proposed or an amendment to the P.U.D. ordinance allowing mixed uses would have to be pursued by the City. 3. Subdivision 4: Variance Restrictions - Zoning district standards may be negotiated and variances from the district requirements may be granted by the City as part of the P.U.D. process. However, no variance shall be negotiated which will result in less open space than is required by the district. This includes yard requirements. Additionally, residential densities shall not be increased by more than 10%. Issue: Amendment to this section of the P.U.D. ordinance would be necessary in order for the project to proceed as proposed. Action Requested: Following the presentation of the concept plan staff is certain that other planning and zoning issues will become apparent. As mentioned earlier, staff is requesting City Council to comment on Mr. Laurent' s and Mr. Haugen' s proposal and the restrictions imposed by our existing P.U.D. ordinance. :�.. ,;,. •�-- Attachment Proposed f� r 1. Site ,ryt K Fk F zo S— ° _-- ----- - -- p O —_ a .i dry y MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Waiver of Certain PUD Requirements DATE: February 27, 1987 Introduction• In February, 1987 Canterbury Downs received approval from the City Council to construct three dormitory units to house employees in the backstretch area of the racetrack facility. This approval was granted by means of a Planned Unit Development and the approval of the PUD was proceeded by the Planning Commission holding a public hearing and recommending approval as required by law. After discussing the location of these dormitories with various horse owners the Canterbury Management decided to change the location for the dormitory units so as to provide for a greater margin of safety for persons in the backstretch area. The proposed new location of the dormitories would be within the boundaries of the horse barn area of the backstretch facility. Canterbury Downs then approached the City and requested approval to shift the location of these dormitory buildings. As was discussed at the City Council meeting in February, the intent is to have these dormitories available for occupancy by April in the beginning of the 1987 Racing Season. Section 11.40, Subd. 7.B. of the Shakopee City Code (the PUD Ordinance) states what the requirements are for the final development plans under the PUD ordinance. This section indicates that "the Administrator shall have the discretion to waive project and area information and other such information as may be deemed unappropriate for remodeling, building expansion and similar small projects. " . In that the shift in the location of these dormitories is a small project when viewed in terms of operation the size of the racetrack and in that the construction of these dormitories was approved by the city Council and reviewed by the Planning Commission and in that the public has had an opportunity to comment on this dormitory construction project it is my interpretation of the zoning ordinance that the City Administrator does have the authority to deem it inappropriate to require the developer to repeat the entire Planning Commission - public hearing - City Council review process for this minor shift in the location of these three dormitory buildings. Therefore it is my recommendation to you that you inform the members of the City Council of your intended action to approve this final development plan minor amendment as requested by Canterbury Downs and that if Council members disagree with this interpretation that they inform you of this no later than March 3, 1987. If no dissenting comments are heard from Council members I then recommend tnat Canterbury Downs be allowed to proceed with the placement of the dormitory units adjacent to buildings C-3, C-4 and D-3, D-4 and as shown on plans submitted to the City and dated February 26, 1987. 9• i , fro.. i�n 2, 6D �- I peul e - -- , soca+IDMS i YJ`YiL ..\{x , soca �- -- . PL,4hJ-4: �"•.•'Seo - k � j - r IId TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Patrol Sergeant Position DATE: February 24, 1987 INTRODUCTION• Patrol Sergeant Kenneth Hanel retired January 1987, reducing the patrol division supervision to two sergeants. BACKGROUND• In 1979, Council authorized the department three patrol sergeant positions to provide supervision for the patrol division, an increase of one position. Three positions provide supervision for approximately two thirds of the scheduled patrol activity. Supervision is becoming an increasingly important element as new officers are added to the department with less experience then we have had in the past. RECOMMENDATION: Authorize the department to fill the existing vacant patrol sergeant position using the Civil Service promotional procedures. COUNCIL ACTION REDUEETED• Authorize the department to fill the existing vacant patrol sergeant position using the Civil Service promotional procedures. 17 i Ili TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Computer. Software Purchase DATE: February 25, 1987 INTRODUCTION• The Police Department computer system requires the purchase of a Novell Advanced Netware system. BACKGROUND: The present PC Net system does not have adequate speed to allow data entry without creating a backlog and time delay when shifting files. The Novell Netware system was not available at the time our system was installed. Cost includes Novell Advanced Netware, installation, operator training and service contract. Purchase has been approved by the computer committee. RECOMMENDATION: Authorize the Police Department to purchase a Novell Advanced Netware system at a cost of $4,410.00, using finance department capitol equipment funding. COUNCIL ACTIO REQUESTED: Authorize the Police Department to purchase a Novell Advanced Netware system at a cost of $4,410.00, using finance department capitol equipment funding. MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Community Development Director Probationary Period DATE: February 27, 1967 Introduction Dennis Kraft, Shakopee' s Community Development Director, has completed a six month probationary period of employment with the City. Background As with all City employees, Mr. Kraft received a three month performance evaluation and a six month performance evaluation to determine whether he had achieved acceptable standards of performance. During his six month probationary period Mr. Kraft also served as City Planner when Judi Simac moved to North Carolina. I have therefore, had the opportunity to observe Mr. Kraft in the role of Community Development Director and the role of City Planner. I have also worked closely with him in screening and hiring Judi's replacement, Doug Wise. Alternatives 1. Successful completion of the probationary period. 2. Extension of the probationary period to ensure continued improvement in areas critical to acceptable performance in the position. 3 . Termination of employment. Recommendation I recommend alternative No. 1. I have already received some positive comments from a major Shakopee developer regarding both Dennis and Doug Wise. And, I believe that the Community Development Department as now staffed will be a strong addition to the City at a critical time in its development. Action Requested ' Move to end the probationary period of Dennis Kraft as Community Development Director. JKA/jms l/or66f.„n��TL MEMO TO: Mayor and City Council /I L"("� FROM: John K. Anderson, City Administrator Judith S. Cox, City Clerk RE: Receptionist/Typist Probationary Period DATE: February 27, 1987 Introduction Pennie Schlechter, Receptionist/Typist, has completed a six month probationary period of employment with the City. Alternatives 1. Successful completion of probationary period. 2. Extension of probationary period to insure continued improvement in areas critical to acceptable performance in the position. 3. Termination of employment. Recommendation It is recommended that probation be extended for an additional three months to insure continued improvement in minor areas relating to successfully performing the responsibilities of receptionist. Requested Action Move to extend the probationary period of Pennie Schlechter for an additional three months. JSC/jms � j TO: Sohn K. Anderson, City Administrator /�.Gt/ FROM: Gregg Voxland, Finance Director RE: Malkerson's Use of City Property DATE: February 26, 1987 Introduction The City owns a parcel that Malkerson's is using as part of their new car lot. Because of their use, the City is being taxed for that parcel. Background Last year, the Council directed that staff try to arrange a sale of the parcel to Malkerson's. The parcel is in the south half of the block and has r poor access, is surrounded by Malkerson property and was originally acquired for roadway purposes. The City Attorney has been in contact with Malkerson's but has not had much response for them. Finance did send a bill to Malkerson's for the taxes payable last year after seeing that it was unlikely a sale would transpire in 1986. That bill was paid. Staff is proposing that a bill be sent to Malkerson's for taxes payable in 1987 ($1,870.52) plus storm drainage bills ($49.52/yr) plus $500 rent for that parcel. This will recover the City's out of pocket costs for that parcel and provide something for administrative expenses in dealing with the issue. It may also provide some incentive for Malkerson's to purchase or pursue negotiations to purchase the property. Alternatives 1. Do nothing 2. Direct City Attorney to continue contacting Malkerson's to effect a sale 3. Bill Malkerson's for 1986/87 taxes, storm drainage bills and $500 rent 4. Bill Malkerson's some other amount Recommendation Staff recommends alternative no. 3 and 2. 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D\ a\ 0 m D\ O` O\ to N vl N N vl to N vl vl vl N vl 0 0 0 0 0 0N w NN H Ovmi vii vmi F w o O b m y o` vl y C n m ro 2 O ro 3 O 5 H O O S r H - cmi �' K µ 3 ti 3 3 F O m O N S W O b Y W M r K O W m O W 3 '0Y Y [� i+ O O p W m ml M N r m O O 3 Y G 5 W O ? O O > > Y m W N H W Y 7 W m M r 09 'S p n z o N o m w ro K O M 3 N OF r m H 3 m pq N m m I r R D fm y N Y W N SIII D\ N F O\ Y r W w Y w N FO F mI Y D\ y w w W W y O N m w O 0 N F �D O F �yI N W m y y y y N O O O \0 t O 00 m F1 F w F D\ D\ m 0 0 0 N m 0 0 D\ ray N N o r. r oo m m o o rr e m o o r HN Y N it r i a Y Or 1' b rr r N N0 ly O 00 n m m O O 00 � N Z O H N N a C 3 OF Nw O �IIN w a\ C �Dlw vl Y � mW SS a wwv 0 OV1W- N 0 OI�1 w y m = ro ro memo m w w a b K Y y N y � � C < 6J n � � n w 9 N N N N F 0 00 r O O N FF Z O M n s ' ro ro ro m a o on a 'f C] x CF O F � bIw � - 1h O mm 0 1aa-1 TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: League of Cities Investment Program - Resolution # 2697 DATE: February 26, 1987 Introduction The League of Cities is implementing a pooled investment program for short term investments. It appears advantageous for the City to at least try the program. Background The League of Cities is implementing a pooled investment program similar to the one in place for school districts in Minnesota. Final SEC approval is �. expected this week and several Cities have already passed resolutions joining the program. There is no commitment or out of pocket cost to the City to join and we may withdraw or just not place any money in the program at any time, depending on what rates it offers. The Indenture of Trust referred to in the Resolution is on file and attached to the original Resolution but due to size, was not copied for each packet. It was prepared by the League and if any one desires a copy it can be provided. Alternatives 1. Join program 2. Do not join program Recoamiendation Alternative 1. Action Reouested Offer Resolution No. 2697. RESOLUTION NO. 2697 A RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS AGREEMENT IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS IN CONNECTION THEREWITH I WHEREAS, Minnesota Statutes Section 471.59 (the "Joint Powers Act") provides among other things that governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Minnesota Municipal Money Market Fund was formed in January 1987 pursuant to the Joint Powers Act by the adoption of a joint powers agreement in the form of a Declaration of Trust by a group of Minnesota Municipalities acting as the Initial Participants thereof; and WHEREAS, the Declaration of Trust has been presented to this council and WHEREAS, the Declaration of Trust authorizes municipalities of the State of Minnnesota to adopt and enter into the Declaration of Trust and become Participants of the Fund. Municipality shall mean city, county, town, public authority, public corporation, public commission, special district, and any "instrumentality" (as that term is defined in the Joint Powers Act) of a municipality and WHEREAS, this council deems it to be advisable for this municipality to adopt and enter into the Declaration of Trust and become a Participant of the Fund for the purpose of the joint investment of this municipality's monies with those of other municipalities so as to enhance the investment earnings to each, and WHEREAS, this council deems it to be advisable for this municipality to make use from time to time, in the discretion of the officials of the municipality, identified in Section 2 of the following Resolution, of the Fixed-Rate Investment program available to Participants of the Fund. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: i Section 1. This municipality shall join with other municipalities (as such term is defined in the Declaration of Trust) in accordance with the Joint Powers Act by becoming a Participant of the Fund and adopting and entering into the Declaration of Trust, which is adopted by reference herein with the same effect as if it had been set out verbatim in this resolution, and a copy of the Declaration of Trust shall be filed in the minutes of the meeting at which this Resolution was adopted. The Mayor, City Administrator and City Clerk are hereby authorized to take such actions and execute any and all such documents as they may deem necessary and appropriate to effectuate the entry of this municipality into the Declaration of Trust and the adoption thereof by this municipality. Section 2. This municipality is hereby authorized to invest its available monies from time to time and to withdraw such monies from time to time in accordance with the provision of the Declaration of Trust. The following officers and officials of the municipality and their respective successors in office each hereby are designated as "Authorized Officials" with full powers and authority to effectuate the investment and withdrawal of monies of this municipality from time to time in accordance with the Declaration of Trust and Pursuant to the Fixed-Rate Investment Service available to Participants of the Fund: Gregg Voxland, Finance Director Marilyn Remer, Sr. Accounting Clerk John Anderson, City Administrator The Clerk shall advise the Fund of any changes in Authorized Officials in accordance with procedures established by the Fund. Section 3. The Trustees of the Fund are hereby designated as having official custody of this municipality's monies which are invested in accordance with the Declaration of Trust. Section 4. Authorization is hereby given for members of the Board of Directors of the League of Minnesota Cities to serve as Trustees of the Fund Pursuant to the provisions of the Declaration of Trust. Section 5. State banks, national banks, and thrift institutions located either within or without the State of Minnesota which qualify as depositories under Minnesota law and are included on a list approved and maintained for such purpose by the Investment Advisor of the Fund are hereby designated as depositories of this municipality pursuant to Minnesota Statutes Section 118.005 and monies of this municipality may be deposited therein, from time to time in the discretion of the Authorized Officials, pursuant to the Fixed-Rate Investment Service available to Participants of the Fund. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day Of 1987. City Attorney /a b/G MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer;" RE: Shakopee By-Pass layout Approval Resolutions No. 2695 and No. 2696 DATE: February 27, 1987 INTRODUCTION: Attached is Resolutions No. 2695 and No. 2696 which, if adopted, would provide layout approval for the Shakopee By-Pass. BACKGROUND: Preliminary layouts were approved by the City in 1978 as per Bill Crawford's February 6, 1987 letter (attached). Mn/DOT is requesting City approval of the staged layout plans such that the project can move forward to design phase to accomodate a November, 1988 bid letting of the first phase. The By-Pass project has four major phases with the following tentative schedule: PROJECT PHASE ESTIMATED COST LETTING DATE 1. T.H. 101, CNW Railroad Track $1,900,000 November., 1986 and CR-89 Bridges 2. CR-15, CR-77, CR-79, CR-17, $7,000,000 November, 1989 CR-16 and CR-83 Bridges (6 bridges) Roadway (2 lanes) Between T.H. 101 and CR-83 3. T.H. 169 Bridges (3 bridges) $11,000,000 November, 1990 and Roadway (2 lanes) Between CR-83 and T.H. 169 4. Additional two lanes between $10,000,000 undetermined T.H. 101 and T.H. 169 The layouts that the City is being requested to approve include the interchange revisions at CR-83 as a result of the development in this area. The revisions provide for added turn lanes from CR-83 to the ramps and medians to channelize traffic to Secretariate Drive, 12th Avenue and Canterbury Downs gate. The layouts consist of very large drawings which are non-reproducible. The layouts are available in my office for Council review. I also plan to be available at 6:30 p.m., March 3, 1987 if Council wishes to review the drawings prior to the meeting. RECOtM1ENDATION: Adopt Resolutions No. 2695 and No. 2696. REQUESTED ACTION: 1. Offer Resolution No. 2695 for Layout Approval of T.H. 101 By-Pass from 3600 Feet East of County Road 83 to the East Corporate Limits of Shakopee; and move for its adoption. 2. Offer Resolution No. 2696 For Layout Approval of T.H. 101 By-Pass From 1200 Feet West of County Road 15 to 3600 Feet East of County Road 83; and move for its adoption. KA/ps Attachments Minnesota ii Department of Transportation Distnct 5 "t2055 No. Lilac Drive rOF!/ Golden Valley, Minnesota 55422 February 6, 1987 !st_ ;4537,61 Mr. Ren Ashfeld, P.E. City Engineer City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379-1376 Re: S.P. 7005-42 (T.R. 101) Shakopee By—Pass Layout 4B From CSAR 15 to T.R. 13 Dear Ren: Please find enclosed layout plans depicting the stage construction on the Shakopee By—Pass. The layout plans have also been updated to reflect the developments in the By—Pass — County Road 63 area. The city of Shakopee previously approved the Shakopee By—Pass layout plans in December of 1978. Those plan approvals formed the basis for the official map adoption and implementation in 1980. In order to move forward on the By—Pass construction commencing in November of 1988 with the first contract letting, city approval of the staged layout plans is requested. If you have any questions concerning the layout plans, contact Mr. Carl Roffstedt at 593-8540. Mr. Tim Johnson is our district design engineer on the project and any questions relating to detail design should be directed to him at 593-8503. Sincere? � u� W. Craw o P.E. District Engineer Enclosures: Layout 4B Resolutions An Equal Opportunity Employer q0t ® RESOLUTION No. 2695 /r V ' LAYOUT APPROVAL OF T.H. 101 BY—PASS FROM 3600 FEET EAST OF COUNTY ROAD 83 TO THE EAST CORPORATE LIMITS OF SHAKOPEE At a meeting of the City Council of the City of Shakopee, held on the day of , 1987, the following Resolution was offered by seconded by to wit: WHEREAS the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 187 renumbered as Trunk Highway No. 101 within the corporate limits of the City of Shakopee, from 3600 feet east of County Road 83 to E. Corp. limits; and seeks the approval thereof, and WHEREAS said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 4B S.P. 7005-42 (101=187) from 3600 feet east of County Road 83 to T.H. 13. NOa, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway with the corporate limits be and hereby are approved. Upon the call of the roll the following Council Members voted in favor of the Resolution The following Council members voted against its adoption: whereupon the Mayor and/or the presiding officer declared the Resolution adopted. Dated , 1987 Mayor Attest City Clerk STATE OF MINNESOTA ) as. - COUNTY OF SCOTT ) City Attorney CITY OF SHAKOPEE ) I do hereby certify that at said meeting (of which due and legal notice r;. , r.....,,.41 .,c on the dao 0` RESOLUTION No. 2696 , LAYOUT APPROVAL OF T.H. 101 BY-PASS FROM 1200 FEET WEST OF COUNTY 15 TO 3600 FEET EAST OF COUNTY ROAD 83 t o mee[tng o t e tty ounct o [ e tty o a ogee, held on the day of 1987, the following Resolution was offered by seconded by to wit: WHEREAS the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 187 renumbered as Trunk Highway No. 101 within the corporate limits of the City of Shakopee, from 1200 feet west of CSAR 15 to 3600 feet east of County Road 83; and seeks the approval thereof, and WHEREAS said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 4B S.P. 700542 (101=187) from 1200 feet west of CSAH 15 to 3600 feet east of County Road 83. N67, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway with the corporate limits be and hereby are approved. Upon the call of the roll the following Council Members voted in favor of the Resolution The following Council members voted against its adoption: whereupon the Mayor and/or the presiding officer declared the Resolution adopted. Dated 1987 Mayor Attest City Clerk STATE OF MINNESOTA ) as. COUNTY OF SCOTT ) City Attorney CITY OF SHAKOPEE ) I do hereby certify that at said meeting (of which due and legal notice MEMO TO: . John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Horse Drawn Carriages DATE: February 26, 1987 Introduction On February 3, 1987, Council directed staff to prepare an ordinance regulating horse drawn carriages on right-of-way. Background The City has been approached by an individual who is exploring the possibility of providing horse drawn carriages to and from the motels/hotels to Murphy' s Landing, Valleyfair and the Racetrack. in all cases it would be necessary to travel busy roadways or roadways without shoulders, with one exception. It may be possible to get from Canterbury Inn to the Racetrack using private property mostly owned by the same parties. It has been some time since I have spoken with the party inquiring about horse drawn carriages. I have been unable to reach him to discuss his recent plans and explain the proposed ordinance. i do believe, however, that horse drawn vehicles should not be permitted on the busy streets in Shakopee and recommend adoption of an ordinance prohibiting this activity. I also asked the Police Chief if he had any comments or recommendations on regulating horse drawn carriages. He too is of the opinion that horse drawn carriages are not appropriate on large volume roadways. At the Council meeting on February 3rd, Council also expressed concern/reservations of horse drawn carriages within the City of Shakopee. This kind of activity would not be compatible with the traffic in Shakopee. The City Attorney has prepared the attached ordinance which prohibits any vehicle (engaged commercially) from carrying or transporting passsengers drawn by any animal on any street north of 10th Avenue. Alternatives 1. Prohibit horse drawn vehicles on right-of-way north of 10th Avenue. 2. Permit horse drawn vehicles on right-of-way routes approved by Council by resolution for each applicant. 3. Permit horse drawn vehicles on right-of-way routes approved by the Police Department for each applicant. 4. Prohibit horse drawn vehicles on all right-of-way. Recommendation Alternative No. 1, preclude horse drawn vehicles on public right- of-way. (If Council prefers alternative 2 or 3 , the ordinance will also have to be amended to address: insurance, vehicle operation, maintenance of animals, sanitation and hours of operation. ) Recommended Action Offer Ordinance No. 214, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 8 entitled "Traffic Regulations" by Adding a New Sec. 8.07 to the City Code Restricting the Use of Public Streets and Thoroughfares and by Adopting by Reference Shakopee City Code chapter I and Section 8. 99, which among other things, contain penalty provisions, and move its adoption. JSC/jms ORDINANCE NO. 214 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 8 entitled "Traffic Regulations" by Adding a New Sec 8.07 to the City Code Restricting the Use of Public Streets and Thoroughfares and by Adopting by Reference Shakopee City Code Chapter 1 and Section 8.99, which among other things, contain penalty provisions THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Statement of -Policy Animal drawn vehicles are inappropriate and dangerous on many streets of the City because of the ever increasing volume of traffic within many parts of the City and animal drawn vehicles could help constitute a traffic hazard. SECTION II: Operation of certain vehicles limited by a new Section 8.07 of Shakopee City Code. No vehicle engaged commercially in carrying or transporting passengers drawn by any type of animal or animals may travel on any street or public thoroughfare in the City of Shakopee between and including., Tenth Avenue extending from the East to the West Boundaries of the City of Shakopee and the Minnesota River. SECTION III: Adopted byReference The general provisions and definitions applicable to the entire City Code including penalty provisions of Chapter 1 and Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION IV: When in force and effect After the adoption and attestion of this Ordinance, it shall be published in the official newspaper of the bity of Shakopee and shall be in full force and effect on and after the date following such publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of - - , 1987. ATTEST: Mayor of the City of Shakopee City Clerk Prepared and approved as to form this 25th day of February, 1987. TO: Judy S. Cox FROM: Tom Brownell, Chief of Police RE: Horse Drawn Carriages DATE: February 11, 1967 In response to your request for my opinion regarding the operation of horse drawn carriages on public right-of-way, I have the following concerns. The area east of County Road 17 does not have appropriate roadways for this type of activity. For the most part carriages would have to travel on the roadway due to the lack of adequate shoulders. The speed limits on the roadways ate 40 - 50 MPH. It would not be appropriate to allow carriages to operate on large volume roadways as they would further impede traffic. I have no objection to carriages operating between Canterbury Inn and Canterbury Downs. / 3a association of metropolitan municipalities TO: AMM Members FROM: Bob Thistle, President Walt Fehst, Chairman - Revenue Committee SUBJECT: Fiscal Disparities Recommendations 1 . Background. Based on membership action at the November 6, 1986 meeting to refer Fiscal Disparity (F.D. ) Policy back to the Revenue Committee, a small technical committee was formed by President Thistle and Chairman Fehst to form a recommendation for Revenue Committee action. 2. Committee. The committee, chaired by Neil Peterson, Bloomington, included Bob Bocwinski , Columbia Heights; Charles Darth, Brooklyn Park; Barry Johnson, Minnetonka; Gene Van Overbeke, Eagan; and Dick Asleson, Apple Valley. The committee met three times and was monitored by John Anderson, Shakopee; Diane Lynch, St. Paul; Larry Lee, Bloomington; Bill Barnhart Minneapolis, and Jeff Van Wychen, Minneapolis who also provided computer runs. 3. Recommendation. The sub committee made recommendations to the Revenue Committee which met and after some modification has recommended the attached policy that has been changed as follows: a. The Committee reached an implied agreement that the program was _ intended to narrow the disparity in taxable base rather than rates which imply mill rate which has variable meanings based on location and/or local options. Therefore the word BASE replaces RATE in the bold type policy. b. The Committee unanimously agreed to eliminate G-5 central administration based on the fact that Anoka County indicated a desire to continue administration and there is not evidence that a -change is needed. c. Specific recommendation for F.D. factors were to modify the policy on TIF contribution and contribution rate. The contribution rate to be reduced by 2% per year for 5 years to 30%. Existing pre 1979 TIF value to be held harmless until the existing bonds are paid with only new value created through issuance of new debt to be subject to the F.D. contribution. 183 university avenue east,st. paul, minnesota 55101 (612) 227-5600 I-G FISCAL DISPARITIES �Cv G-1 TAX BASE SHARING PROGRAM The basic premise for the need for a tax base sharing or tax base redistribution system in this Metropolitan Area , is that much commercial and industrial (C/I) development occurs based on location and/or availability of land or particular services . If the seven county Metropolitan Area were one political and economic unit, such as the Houston or Omaha areas, the growth of C/I development in any part would benefit the whole equally and tax base sharing would be unnecessary. However, in this area with 139 cities plus many townships and school districts that is not the case. Thus, there are many cities that because they are fully developed with no room for expansion, or they are located away from the center of activity without appropriate services, or have space but are inconvenient from major transportation facilities cannot attract C/I development . Whereas, others, more favorably located or serviced cannot keep C/I development away. This creates a situation, in general, where the tax base value per area, per household, or per capita is higher, and the taxing ability of the governmental unit greater, allowing a lower tax rate or collection of more dollars to provide service. This, also, creates a situation where two identical C/I facilities could have a large disparity in their property tax rates. THE AMM SUPPORTS A PROGRAM OR PROGRAMS WHICH CONSTRAIN TAX BASE DISPARITIES IN THE METROPOLITAN REGION WITHIN A REASONABLE RANGE WITHOUT STIFLING LOCAL INITIATIVES OR UNIQUE COMMUNITY NEEDS. G-2 OPPOSE DRASTIC CHANGE To compensate for these disparities, the 1971 legislature passed the Fiscal Disparities Act, with a rather complicated formula, whereby 40% of all C/I development and inflation growth from 1971 on is contributed to a Metropolitan Pot and redistributed based on population and fiscal capacity. After 15 years of operation, the magnitude of distribution values both in terms of net value decrease and net value increase is significant for many cities. If fiscal disparities were repealed in total with no replacement or adjustments, property taxes in many cities would increase very significantly just as they would decrease in others. BECAUSE THE MAGNITUDE OF FISCAL DISPARITY DISTRIBUTION IN TERMS OF NET VALUE INCREASE AND DECREASE TO MANY CITIES IS SIGNIFICANT, THE AMM SUGGESTS THAT NO CHANGES BE MADE THAT WOULD CAUSE DRASTIC SINGLE YEAR SHIFTS IN PROPERTY TAXES. - G-3 FORMULA MODIFICATIONS The Association of Metropolitan Municipalities has spent two years of committee work studying the fiscal disparities formula and the affects of various modificications to that formula. There are basically two major policy issues that need to be dealt with in a package to accommodate the majority of cities. The first is a fairness or equity question that deals with issues such as the 1971 Base value exemption, equalization of the contribution, minimum distribution, etc . The -1- second policy issue is the rate of contribution. The AMM feels that 40% is too great especially if the base against which it is applied is expended. Each variable factor has a major impact on a certain subset of cities and thus changes must be done carefully. THE AMM MEMBERSHIP SUPPORTS MODIFICATION OF THE FISCAL DISPARITIES FORMULA THROUGH INCLUSION OF SEVERAL FACTORS AS A WHOLE. ANY CHANGES OTHER THAN THOSE REFERENCED IN AMM GENERAL FISCAL DISPARITIES POLICIES OR SPECIFIED HEREIN OR ANY DELETION OR SIGNIFICANT MODIFICATION OF A SPECIFIC FACTOR LISTED HEREIN WILL RESULT IN THE AMM OPPOSING ANY FISCAL DISPARTIY LEGISLATION UNLESS OTHERWISE AUTHORIZED BY THE BOARD OF DIRECTORS. FORMULA FACTORS: -PHASE IN 1971 BASE VALUE AT 5% PER YEAR FOR 20 YEARS FOR CONTRIBUTION PURPOSES. THE BASE VALUE FOR SOUTH ST. PAUL SHOULD BE THE CURRENT VALUE. -EXEMPT ALL VACANT LAND FROM CONTRIBUTION. -CONTRIBUTION VALUES SHOULD BE EQUALIZED TO 853 BY INCREASING THE PREVIOUS YEARS RATIO BY UP TO 3% OR THE CURRENT RATIO WHICHEVER IS GREATER. -THE SALES RATIO FACTOR SHOULD BE BASED ON A SAMPLE WHICH IS STATISTICALLY SOUND TO REFLECT ACCURATELY THE REALISTIC LEVEL OF ASSESSMENT. THIS MAY INCLUDE USING A COUNTY WIDE AVERAGE IF AN APPROPRIATE NUMBER OF SALES HAS NOT OCCURRED LOCALLY. USE OF THE MEDIAN RATHER THAN AGGREGATRE RATIO SHOULD BE ADOPTED SINCE THIS MEASURE IS GENERALLY MORE REFLECTIVE OF LOCAL ASSESSING PRACTICES AND IS LESS SUBJECT TO WIDE VARIATIONS OF SALES. -REDUCE THE CONTRIBUTION RATE BY 2% PER YEAR FOR 5 YEARS UNTIL 30% HAS BEEN REACHED. ALL CONTRIBUTIONS THEREAFTER WILL BE AT THE RATE OF 30%. -THE FISCAL CAPACITY FACTOR SHOULD BE MODIFIED TO INCLUDE MANUFACTURED HOUSING AND UTILITY VALUE. -THE POPULATION AND TIMES TWO MULTIPLIER SHOULD BE REMOVED FROM THE DISTRIBUTION FORMULA AS MINIMUM DISTRIBUTION FACTORS. -THE TWO DIFFERENT POPULATION YEARS USED TO CALCULATE THE PER CAPITA MARKET VALUE AND DISTRIBUTION SHOULD REMAIN AS THEY ARE CURRENTLY WITHIN THE FORMULA. -EXISTING VALUE IN PRE 1979 TIF DISTRICTS SHOULD REMAIN EXEMPT FROM FISCAL DISPARITY CONTRIBUTION UNTIL EXISTING DEBT HAS BEEN RETIRED. NEW VALUE CREATED WITHIN THESE DISTRICTS IN CONJUNCTION WITH NEW DEBT ISSUED SHALL BE SUBJECT TO FISCAL DISPARITIES CONTRIBUTION. G-4 TOTAL DISTRIBUTION There has been some suggestions made to utilize the fiscal disparity formula as a mechanism to create a separate transportation or development fund by only distributing 90% of the tax dollars raised . This would be a hidden property tax. THE AMM STRONGLY OPPOSES USE OF FISCAL DISPARITIES TO CREATE A METROPOLITAN TRANSPORTAITON, HIGHWAY, OR DEVELOPMENT FUND. 4 -ice o t�' I Pq &/ MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: TenEyck Property Update - Informational DATE: March 3, 1987 Introduction• A court hearing on the TenEyck property has been scheduled for March 5, 1987. The hearing is in regard to the TenEyck' s violation of City Ordinance #11.60, Subd. 2. Refuse. Background: Today staff personally inspected the TenEyck property to determine if it would be appropriate for the City to proceed with the court hearing on March 5, 1987 as planned. I did contact Susan Estill from Rod Krass ' s office to ascertain whether or not the court charges could be dropped if the TenEyck' s complied with the ordinance. Ms. Estill stated that she had been in contact with the TenEyck' s Attorney (Gehl Tucker) earlier in the day and that he had personally informed the TenEyck's that they had until March 4th to clean up the property or be faced with the subsequent court hearing. Ms. Estill and I concur that if the TenEyck' s clean up their property prior to March 5, 1987 the court proceedings will be dismissed. If the TenEyck's refuse to clean up their property, staff believes that we have no choice except to pursue action through the courts.