HomeMy WebLinkAbout04/07/1987 MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: April 2, 1987
1. Public Works Local No. 320 filed for mediation after
receiving our last counter offer based upon a two year
agreement. Cy Smythe from Labor Relations, Inc. will sit in
on the mediation sessions without charge as per our contract
through the League of Minnesota Cities. I will report back
after our first mediation session.
2. The City staff has held a meeting with Property owners along
Bluff Avenue who could possibly be affected by the extension
of the Minnesota River Valley Trail by the Department of
Natural Resources (DNR) . There was a good turn out for the
meeting and those present preferred the alternative along
the City's sewer utility easement which kept the trail off
of Bluff Avenue. This alternative would put hikers and
bicycle riders on the trail and would include a temporary
bridge at the mouth of the marina that would be used by
snowmobiles in the winter. We agreed that some fencing
would be appropriate. We also agreed that a second meeting
would be held with property owners if this alternative were
changed. If the alternative is not changed no further
meeting is needed.
3. Attached is a memorandum from Judy Cox regarding a change in
procedures for recording votes on consent items in the
minutes.
4. Attached is a letter from Jeff Siegel, Project Manager,
Starwood Music Center, updating the City Council on their
meetings with community groups. I have called Jeff with the
names of other organizations. If you have any suggestions
call me.
5. Attached is a copy of a letter from the Chief Design
Engineer from Hennepin County accepting the adequacy of the
final Environmental Impact Statement for the County Road 18
bridge (Bloomington Ferry Bridge replacement) . The House of
Representatives and Senate have overriden the President's
veto passing the Hiahwav Transportation Act which includes
$32 million for the Bloomington Ferry Bridge project
6. Attached is a copy of a letter sent to property owners along
13th Avenue east of County Road 89 regarding the
availability of free fill material.
7. Attached is a memorundum from Gregg Voxland clarifying
insurance coverage for pollution.
8. Attached is a copy of a letter to Mr. Robert Vierling from
our claims adjuster responding to his injury claims.
9. Attached is a copy of the March 16, 1987 ICMA newsletter
noting trends in jobs in the work force. Council might be -
interested in knowing .that during the winter of 1986-87 and
again this winter Scott County has the highest unemployment
rate in the nine county Metropolitan area. Our unemployment
rate is higher than that of Minneapolis and St. Paul.
10. Attached is a letter from Senator Robert Schmitz regarding
his support for the transfer of the 68 excise tax on cars
and trucks to the Highway Users Fund.
11. Attached is a letter from Tom Triplett, Commissioner of the
State Department of Revenue, responding to our resolution
supporting the request for the pari-mutuel tax change.
12. Attached is a letter from Senator Rudy Boschwitz regarding
his response to the Highway Funding Bill. He voted to
uphold the President' s veto.
13. Attached is the bi-monthly newsletter from Ehlers and
Associates.
14. Attached is the calendar for the month of April.
15. In accordance with the resolution that establishes the
Shakopee Cable Communications Advisory Commission, an annual
report describing the activities and actions of the
Commission in the previous year is required to be submitted
to City Council. The annual report approved by the Cable
Commission is attached for Council's review.
16. Attached is a memo from Barry Stock describing a recent
action of the Cable Commission in regard to a request from
the Shakopee School District for the release of I-net and
Character Generator funds currently held by the Access
Corporation.
17. Memo from Dennis re L & D trucking.
18. Attached is a letter to Dennis Kraft from the Minnesota
Historical Society regarding the removal of the House of Hoy
from the National Register of Historic Places.
19. Attached is a memo from Barry Stock regarding the Shakopee
By-Pass.
20. Attached is a project status report from the Engineering
Department.
21. Attached are the agendas for the April 9, 1987 meetings of
the Board of Adjustment and Appeals and Planning Commission.
22. Attached is the agenda for the April 6, 1987 meeting of the
Energy and Transportation Committee.
23. Attached are the minutes of the March 5, 1987 meetings of
the Board of Adjustment and Appeals and Planning Commission.
Oe.leTe29. Attached are the minutes of the March 26, 1987 meetings of
ll the Board of Adjustment and Appeals and Planning Commission.
25. Attached are the minutes of the February 23, 1987 meeting of
the Energy and Transportation Committee.
26. Attached is a letter from Senator Dave Durenberger dated
March 23rd regarding the status of the Surface
Transportation Assistance Act and the Bloomington Ferry
Bridge project.
JKA/jms
3
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox ( J(./
RE: Council Minutes/`Consent Business
DATE: March 16, 1987
Per our discussion, beginning with the March 3, 1987 minutes, the consent
business will be addressed differently. At the March 3rd meeting, Councilwoman
Lebens asked to be excused before the meeting ended. Since she offered the consent
business, all consent business falling on the agenda after she left shows up in
the minutes with her making motions after she left. Additionally, if she did
not make the motion one would assume that she was not present when the action
was taken which would be in error since action did infact take place before she
left.
Beginning with the March 3, 1987 minutes, the actual consent motion will be
included in its normal sequence. In addition, each specific consent item will
be included in its normal sequence (as it has always been) but with an additional,
"approved under consent business" sentence.
JSC/pss
THE IV
7 SCOTTLAN D
COMPANIES
March 27, 1987
Mr. John Anderson
City Administrator
City of Shakopee
129 E. First Avenue
Shakopee, MN 55379
Dear John:
At this point we have presented the Starwood Music Center
overview to a great variety of community and business interests
in the Shakopee and Scott County area. This includes several
major businesses located in Canterbury Park, the Dean's Lake
neighborhood group, Shakopee and Prior Lake Rotary, Shakopee
Jaycees, Shakopee Lions, League of Women Voters, Father John
Lapinsky, Superintendent of Schools - Shakopee, two Shakopee
Senior Citizens organizations, Shakopee Chamber of Commerce,
Scott County staff and commissioners, Prior Lake City Council,
and we have sent overview material to several individuals who
have expressed personal interest in the project.
I am pleased to note that while we have been asked to address the
typical issues one would expect in a development of this nature,
we find that we are receiving very positive feedback and
favorable interest in our project from most all groups and
individuals.
It would be very helpful if you would please let me know of any
other groups or individuals you or the City staff, Planning
Commission or Council feel should have the benefit of an overview
presentation on the Starwood proposal before we make the formal
application to the City, which we expect to do within two to
three weeks. Please call or drop me a note at your convenience
if you have any thoughts in this regard.
Sincerely,
Jeffrey Siegel
Project Manager
STARWOOD MUSIC CENTER
JS:ap
C. C. Bruce Malkerson
P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 [612]445-3242
5
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South
HENNEPIN Hopkins, Minnesota 55343-8468
935-3381
RECEIVED
March 26, 1987 APP, 1 1987
CITY OF SHAKOPEE
FHMk-PID]-EIS/4(f)-83-04-F
FINAL. ENVIRONMENTAL IMPACT STATEMENT
AND FINAL 4(f) EVALUATION FOR
COUNTY STATE AID HIGHWAY 18
FROM I-494 TO TH 13/101 IN HENNEPIN
AND SCOTT COUNTIES
COUNTY PROJECT 6816
MINNESOTA PROJECT BFBM 5003(4)
STATE PROJECT 27-618-38
To All Interested Parties:
In conformance with the environmental review procedures established under
rules 6 MCAR SS 3.021-3.056, Hennepin County has determined that the Final
Environmental Impact Statement for CSAH 18 from I-494 to TH 13/101 is
adequate. This determination is made on the basis that the final EIS:
1. Addresses the issues raised in scoping so that all the issues for
which information can be reasonably obtained have been analyzed;
2. Provides responses to the substantive comments received during the
draft EIS review concerning issues raised in scoping; and
3. Was prepared in compliance with the procedures of the Minnesota
Environmental Policy Act and 6 MCAR SS 3.021-3.056.
Sincerely,
r J:
l 'li
eodore J. fioan, P.E.
Chief Design Engineer
DW:mak
HENNEPIN COUNTY
on equal opportunity employer
CITY OF SHAKOPEE •
INCORPORATED 1870
129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379-1376 (612)"5-36M
,
March 26, 1987
RE: 13th Avenue from County Road 89
to the East Corporate Limits
Dear Property Owner:
It is anticipated that 13th Avenue, from County Road 89 to the
East corporate limits of Shakopee, will be constructed in the
1987 construction season . An estimated 11 ,000 C. Y. of sand
material will be removed from the roadway and will be available
as free fill material to adjacent property owners . Those
property owners interested must submit a grading plan of their
property with an estimate of total fill requested. Pending
approval of the grading plan, requests will be prioritized on a
1st come 1st served basis.
Sincerely,
Ray
Engineering Coordinator
RR/pmp
13THAVE
The Heart of Progress Valley
AN EWAI OW RWN/TY ENYIOY R
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Insurance Coverage for Pollution - Informational
DATE: March 27, 1987
Introduction
The attached notice form the League is a reminder of the coverage for
pollution and in specific explains the League position for the situation with
Coon Rapids and the incident with their Zamboni which was in the news recently.
The insurance coverage is standard for the industry and does not cover
pollution. In view of the situation, the League is reviewing the coverage to
see if there is interest in and reasonable way to amend to policies in the
future to provide some coverage.
POLLUTION EXCLUSION
This policy does not apply to:
(1) "Bodily Injury" or "Property Damage" arising out of the actual ,
alleged or threatened discharge, dispersal , release or escape
of pollutants:
(a) at or from premises you own, rent or occupy;
(b) at or from any site or location used by or for you or
others the handling, storage, disposal , processing or treat-
ment of waste material ;
(c) which are at any time transported, handled, stored, treated,
disposed of or processed as waste by or for you or any person
or organization for whom you may be legally responsible; or
(d) at or from any site or location on which you or any contractors
or subcontractors working directly or indirectly on your behalf
are performing operations:
(i) to test for, monitor, clean up, removal, contain, treat,
detoxify or neutralize the pollutants, or
(ii) if the pollutants are brought on or to the site or loc-
ation by or for you.
(2) Any loss, cost of expense arising out of any governmental direction
or request that you test for, monitor, clean up, remove, contain,
treat, detoxify or neutralize pollutants.
Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant,
including asbestos, smoke, vapor, soot, fume, acids, alkalis, chemicals and
waste materials. Waste material includes materials which are intended to be
or have been recycles, reconditioned or reclaimed.
GAB Bpsiness Services Inc
4640 W. 77th Street.Suite 214
Minneapolis.Minnsota 55435
Telephone 612-837-8444
Branch Office
March 10, 1987
Robert Vierling
221 East Fourth Avenue
Shakopee, Minnesota 55379
Our File No. 56527-09109
Our Insured: City of Shakopee
I�� - Date of Claim: 11-28-86
Dear Mr. Vier Ling :
As you are aware wehavetendered the handling of this
cLai m direct Ly to the contractor ' s liability carrier,
CNA. They will be handling any claim that you are presenting
to either their contractor or the City of Shakopee.
Please also be advised that the City of Shakopee will not
be .responsibLe for any of your medical bills that you incur.
Any further questions regarding the handling of your claim
should be directed to the adjuster at CNA Insurance.
Sincerely,
Lynn Thomas
Adjuster
LT/pm
cc • City of Shakopee
/ 129 East First Avenue
Shakopee, MN 55379
cc : Capesius Agency Inc.
P.O. Box 97
Shakopee, MN 55379
I
March 16, 1987 smesseg
IRUMA NEWSLETrER
From the Professional Association of Appointed Administrators Serving
Cities,Counties.Regional Councils,and Other Local Governments
Dear Members: ; Trends in Jobs & the Work Force
This column is normally written by our Jet the ICMA/Brookings Institution seminar
Executive Director, Bill Hansell. This time, month, demographer Harold Hodgkinson
however, I felt it was Important for me--as entified some of the "tracks" of the
sent
your elected president--to write it. ;-rethat
p give clues to the future:
I am asking you to cast a "yes" vote for each • By the year 2000, America will be a nation
of the five proposed constitutional amend- in which one of every three of us will be
ments that your Executive Board has recom- nonwhite.
mended to you and that have been mailed to
all ICMA members. These amendments would: • In 1970, one in seven workers had a
1. Clarify and simplify the variocollege degree compared with one in four
us workers in 1982.
mem-
bership categories and open full
corporate membership to all qualified • Sixty-two
assistants; percent of working-age women are
in the
workforce.
2. Expand the Nominating Committee by • There are 3.4 workers per retiree today
three corporate members who have not compared with 17 per retiree in 1950.
served on the Executive Board while
reducing the Board's size from 18 to 17 • Fort
members; and Y Percent of the poor are children; 10
percent are elderly.
3. Raise much needed additional revenue to • While the high technology field is
finance ICMA's core services to members growing, it is generating relatively few
by increasing the dues rate. jobs: 3 million in 1976 compared with 4
ICMA has not raised the dues rate since million in 1985.
1977. While the yield from dues does • The largest number of new jobs are for
increase slightly each year because of its janitors (779,000), cashiers (744,000),
relationship to salaries, these increases secretaries (719,000), office clerks
have not kept pace with the shift in (696,000), sales clerks (685,000), nurses
Association focus from research financed by (642 000), waiters (562,000), and
federal government grants to provision of elementary school teachers (511,000).
services in support of the membership. A
dues increase now will allow the Association
to follow its Strategic Plan. Without it, NLC Challenges GRS Transfer
cutbacks will be necessary.
The lawfulness of the U.S. Treasury Depart-
Please cast a "yes" vote for each of the ment's transfer of $179.9 million in
proposed amendments and help us to keep the sequestered general revenue sharing (GAS)
Association on track in support of the Plan funds from a trust fund to the Department's
and the profession. Thank you. general fund has been challenged by the
National League of Cities (NLC), the National
yQ i Association of Counties, and the U.S.
Conference of Mayors. The three organiza-
tions have filed a lawsuit in federal
Buford M. Watson, Jr. district court challenging the legality of
President, ICMA, 1986-87 this action based on the grounds that, under - -
City Manager, Lawrence Kansas Gramm-Rudman, "sequestered monies from trust
(continued on page 2)
AD
ROBERT J. SCHMITZ
Senator 36th District '- - -'--'
6730 Old Hwy.169 Blvd.
Jordan,Minnesota 55352
Phone: 492-2182
Office:
235 State Capitol Senate
St.Paul,Minnesota 55155
Phone:296-7167
State of Minnesota
March 25, 1987
Mr. John K. Anderson
City Administrator
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
Dear John:
Thank you for your letter in which you expressed support for the
transfer of the 6 percent excise tax on cars and trucks to the
Highway Users Fund.
I have always supported this proposal. I was an author on the
original bill when we passed it in the Senate.
The sad part of it is that we allowed the transfer out of the
General Fund only once. It was to be transferred in increments
of 25 percent in each of four bienniums, so as not to cause too
great a loss of the General Fund in any one year. However, the
state has been operating on such a tight budget since 1981 that
legislators and the Governors we had since then felt that the
General Fund could not afford the $230 million loss that would
occur if the transfer were made.
I will do all I can to use at least part of that transfer this
year. It is certainly reasonable to call the excise tax a
Highway Users Tax and, therefore, the transfer makes sense.
Thank you again. I appreciate your support of this proposal.
Sincerely,
ROBERT J. SCHMITZ
State Senator -- District 36 MAR 271987
RJs/st OITY OF SHFKOPEE
COMMITTEES • Chairman, Local and Urban Government• Rules and Administration• Transportation
Veterans • Taxes and Tax Laws • SUBCOMMITTEES • Property Taxes and Local Government Aids
COMMISSION:Legislative Commission to Review Administrative Rules
STATE OF MINNESOTA
DEPARTMENT OF REVENUE
March 9, 1987
Mr. John R. Anderson
City Administrator
129 East First Avenue
Shakopee, MN 55379-1376
Dear John:
Thank you for sending to the Governor Resolution No. 2691 from
the Shakopee City Council in support of the requested
pari-mutuel tax change. The Governor asked that I respond to
the resolution.
Please be advised that the Governor and I have met with
representatives of Canterbury Downs and are familiar with their
proposal. The Governor has not determined whether to take a
position on this issue, and he is awaiting legislative hearings
on the question.
However, it is important for us to know the position of your
Council on this matter.
��S,i(1/�'YnnccJ�e-reelly',
Tom Triplett
Commissioner
296-3401
RSC£`° yD
16 194}
ClS� Qr SW.A.Xv26�
AN EQUAL OPPORTUNITY EMPLOYER
.®OS t
RUDY ROSCNMITZ COMMITTEE ASSIGNMENTS:
MINNESOTA AGRICULTURE
BUDGET
FOREIGN RELATIONS
SMALL BUSINESS
'a�lCrsifeD Zfafes Zertafe
WASHINGTON. D.C. 20510
March 17, 1987
RECEIVED
John Anderson MAR 2 31987
129 East First Avenue
Shakopee, Minnesota 55379 CITY OF SHAKOPFE
Dear John:
Thanks for contacting me regarding federal funding for
highways. I appreciate knowing your thoughts.
As you know, because the House of Representatives and the
Senate were unable to reach an agreement on highway funding
before Congress adjourned in October, federal funding for Fiscal
Year 1987 has been held up. Key factors in the failure to come
to an agreement were the complexity of the legislation,
controversy over pet projects, and a heavy end-of-the-season
legislative crunch. Unfortunately, Congress' inability to put
together reauthorization legislation has hurt the construction
industry and delayed the construction of greatly needed highway
improvements.
In January, the House passed a highway reauthorization
measure (H.R. 2) and the Senate passed its own bill on
February 4. There are some significant differences between the
two proposals, but the House and Senate conferees are now
attempting to hammer out their differences -- now mainly
billboards, mass transit and whether the 55 m.p.h. speed limit
should be raised. It is my hope that they, realizing the
importance of this legislation, will co to a quick agreement.
The American Association of State Hi way ansportat ion
Officials estimated that ever
gress h enacted legislation
by February, over $700 millirojecta - and thousands of
construction industry-relate -- would a lost to the 1987
season. Like you, I would lthe conf rees to agree on a
bill so that we can get it ps soon as possible. This
entire matter has dragged ono long, ou may be assured
that I am pressing for prompn.
Again, thanks for your .
rel ,osch itz States Senator
RB/mbs
0 Eh'ena"dsocNEWSLETTER
LEApE RS IN faeElC FINANCE E
ff=:An, III�1111011 WMAMRMUOM
OFFICES IN MINNEAPOLIS AND WAUKESHA - 507 Marquelle Avenue - Minneapolis. MN 554021255 - 612.3398291
VOLUME 32, NUMBER 6
FILE: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
March, 1987
The true impact of the Tax Reform Act of 1986 (TRA) is beginning to take form, and tax "simplification" is not
part of it. New phrases such as "qualified tax-exempt obligation". "rebate". "volume caps". "public purpose" or
"private activity", now are part of municipal finance.
Financing options now to be considered include taxable bonds, government purpose bonds, and tax-exempt private
activity bonds. These and other options should be examined by your financial advisor. We have included a short
summary of the major changes and hope this will be a helpful guide.
Tax-exempt interest rates have been heading downward and are lower than they have been in the last ten years.
This resurgence of lower rates appears to be driven by more demand and less supply of municipal bonds in the
market. This is particularly true for "qualified" tax-exempt obligations. Only municipalities that issue
$10,003,000 or less in government activity bonds each calendar year can designate their bond issues as
"qualified". Banks can continue to write off 80% of their holding costs only for "qualified" tax-exempt
obligations. No longer will the large issuers (over $10.000,000 in one calendar year) affect the supply of these
bonds. The demand for qualified bonds provides a special incentive for all "qualified" tax-exempt bonds to be sold
at a public sale. Qualified bonds are selling at rates 1/4 to 4/10 or 1% lower than unqualified government purpose
bonds.
t All tax-exempt municipal borrowings including lease purchase. bank loans. and bond and note issues have to be
reported to the Internal Revenue Service on recently released forms. Borrowings of $100,000 and larger must be
reported at the time of issuance on form 8038-G. Smaller transactions under $100,000 must be reported annually
on farm 8038-GC. Failure to report results in the loss of the tax-exempt status.
Ideas Worth Pursuing:
- Some bond issues sold in the mid-1970's can now be refunded with lower coupon rates and overall
savings to the issuers. Check the call dates. They may be refunded after publishing a 30 day call
notice.
- Now is the time to also look at refunding high interest rate bonds of the 1980's. Temporary
financing and balloon payments can be extended at coupon rates of 4% to 6%.
- When determining refunding feasibility, be careful if large amounts of cash are required to do the
refunding. The same cash outside the refunding might be invested unrestricted at an interest rate 1
to 1 1/2% higher than in the refunding. In this case you may be better off not doing the refunding
and investing this cash at an unrestricted rate.
- Government activity bads include bonds for streets, sewer and water has been specially assessed
against a private property owner. This includes special assessment "B" bonds in Wisconsin, 429
improvement bonds in Minnesota, special assessment bonds in Iowa, and refunding improvement
bonds in North and South Dakota. These special assessment bonds are one of the few ways left that
a municipality can help open up areas for development.
If we can be of any service to you, please call us.
very truly yours.
C EHLEEI�/8%/T`/J AND ASSOCIATES, INC.
St rd en F. Apfeq4t4,
Director
n
C
Summary of Key Impacts From the 1986 Tax Reform Act (IRA)
Before TRA After TRA
"Qualified" Tax Municipalities or their Municipalities or their subdivisions
Exempt Obligations subdivisions did not have any can only designate public purpose
limit on bonds that would be band issues as qualified if
bank deductible $10,000,000 or less in bonds are
sold each calendar year
Private Activity Exceeds 251 of private use, no Exceeds 101 for private use
Bonds volume cap, no alternative subject to alternative minimum tax
minimum tax for individual for individuals and volume cap limit
Bank deductibility Any tax-exempt issue 801 Issuers of government activity
of interest deductible bonds $10,000,000 or less in one
calendar year 801 deductible
Limitation on issue No limit 21 of bond issue limit on private
related expenses activity bonds
Volume cap limits No volume caps for private Must get volume cap to issue private
activity municipal issues activity bond. $75/ capita in 1987,
except for IRB 6 Housing bonds 350/capita in 1988 c
Rebate excess No rebate except for industrial Rebate calculated if borrower issues
interest savings revenue bonds over :5,000,000 in one calendar year
to Federal Govt. and proceeds not spent in 6 months
or earn over $100,000/year in
sinking fund
Debt reserve Reasonably required debt reserve No more than 101 of bond issue
up to 151 of bond issue
Advance refundings No limit on number of advance Limited to one advance refunding for
refundings, rate limit (TIC) all issues after January 1, 1986,
included issue related costs investment rate excludes issue
to increase investment rate, related costs, minor portion is 51
minor portion could be invested of original principal or $100,000
at unlimited rate and be up to whichever is less, source of minor
151 of original issue, IRS portion subject to how far out the
adjustment allowed to increase proceeds can be invested, IRS
TIC adjustment not allowed on issues
over $5,000,000
Early issuance Proceeds spent in 3 years Proceeds spend in 3 years
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/5
1986 Annual Report
Shakopee Cable Communications Commission
ONGOING ADMINISTRATION - Monitoring performance of and compliance
with the franchise ordinance.
Commission
Action
1127/86 1985 Cable Commission Annual Report - The Commission moved to
approve and submit the 1985 Annual Report to City Council.
(Council approved and accepted 2/4/87)
2/18/86 Public Access Manager Non-Compliance - The Commission moved
to notify the cable company that they are in non-compliance
with cable franchise ordinance and that the City of Shakopee
is very dissatisfied with their action in regard to the
laying off of the public access studio manager and finally
that the City of Shakopee has no plans of taking over
operation of the public access studio until all the equipment
is in a condition that is acceptable to the City of Shakopee.
2/18/86 Public Access Studio Staffing Plan - The Commission moved to
recommend to City Council that the City of Shakopee proceed
with the advertising of Request for Proposals for the
staffing of the Shakopee public access studio. (Council
Concurred 2/25%86)
3/25/86 Selection of Public Access Studio Provider - The Commission
moved to recommend to City Council and the Shakopee Community
Access Corporation that the proposal submitted by New
Frontier Productions be accepted as the studio staffing plan
for the City of Shakopee. (Council Concurred 4/1/86)
9/29/86 Shakopee Public Access Policies - The Commission approved the
public access policies as submitted by the Shakopee Access
Corporation.
9/29/86 Amendment to Access Corporation By-Laws - The Commission
moved to recommend to City Council that the Access
Corporation By-Laws be amended. (Council Concurred 11/4/86)
AMENDMENTS AND VARIANCES - When mutually desirable the City may
amend the Franchise Ordinance or grant a variance from the
Franchise Ordinance, when not in conflict with FCC requirement or
any other rule or law.
1/27/86 Cable Franchise_ Amendment Public Access, Institutional
Network Franchise Team, Character Generator Franchise Fee
Management Fee, Capital Deferral and Non-Compliance - The
Cable Commission recommended to City Council that the Cable
Franchise Ordinance be amended as noted in attachment #1 of
this report. (Council directed staff to draft appropriate
amending ordinance. [2/4/86] Council approved ordinance #194
Amending Cable Franchise Ordinance. [4/1/861 )
r �
Attachment #1
Cable Franchise Amendments
I. Public Access
A. Shakopee will take over operation of the public access studio
effective April 1, 1986.
B. All equipment owned by ZU and presently being used for public
access programing pursuant to the equipment list as provided by ZU
and including equipment dedicated to the computer and viewing
centers shall become the property of the City of Shakopee
effective April 1, 1986. (In connection with this, the
Commissioners directed Mr. stock to take' an inventory of the
public access studio equipment with serial numbers and model
numbers. )
C. ZU agrees to provide existing studio space at its location for the
City's use, rent and utility free for a five year period
commencing April 1, 1986.
D. ZU agrees to pay the City $2,000 per year for studio equipment
maintenance on April first of each year for the remainder of this
franchise commencing April 1, 1986.
E. ZU agrees to provide $5,000 by April 1, 1986, for studio equipment
not provided.
F. The City shall be responsible for studio equipment insurance costs
for the remainder of this franchise.
G. ZU agrees to provide and install the necessary equipment for joint
playback by April 1, 1986, at a cost not to exceed $2,000.
H. ZU shall assess a subscriber fee of 25 cents per subscriber per
month. This financial support shall be increased by three percent
per year. This fee shall be turned over to the City on a semi-
annual basis by ZU with the exact dates to be determined by the
City.
II. Institutional Network (I-Net)
A. ZU agrees to provide $8,000 by April 1, 1986, for equipment to
activate Shakopee and Chaska's I-Net.
B. ZU shall be allowed to charge I-Net users an annual fee of $936
per activated channel (up and down) for a five year period
commencing April 1, 1986. During this time the maintenance fee
shall not be subject to increase. On April 1, 1991, the fee shall
cease to be charged.
III. Pole Rental
A. Shakopee agrees to defer ZU's annual pole rental fee for a five
year period commencing January 1, 1986.
IV. Franchise Term
A. Shakopee agrees to extend ZU's franchise term for a five year
period (i.e. until 2002) .
V. Character Generator
A. ZU agrees to provide $4,000 by April 1, 1986, for character
generator equipment not provided plus install any equipment
purchased by the City. This does not relinquish the City's
control of the existing character generator system.
VI. Franchise Fee
A. ZU agrees to pay the five percent franchise fee to the City on a
semi-annual basis with the exact dates to be determined by the
City.
VII . Management Fee
A. ZU agrees to reduce their management fee from seven percent to
four percent for the remainder of the franchise.
VIII .Capital Deferrals
A. The City agrees that any and all other capital commitments
required by the franchise not addressed in their modifications
effective April 1, 1986, with the exception of new plant
extensions, shall be deferred until April 1, 1991.
IX. Non-Compliance
A. ZU agrees that failure to comply with these modifications shall
subject them to the non-compliance fines and forfeitures as
specified in the franchise ordinance.
Note: On April 18, 1987 the Shakopee Community Access Corporation
received a check from United Cable Television Corporation in the
amount of $15,500. Breakdown of funds is as follows:
$5000 - Equipment Not Provided
$4000 - Shakopee I-Net Equipment
$4000 - Character Generator
$1000 - Joint Playback Equipment
$1500 - Broken Studio Equipment
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Memo To : John K. Anderson, City Administrator
From: Barry A. Stock, Administrative Assistant
Re : School Request for Funding - Character Generator
and I-Net (Informational )
Date : April 3 , 1987
Introduction
On April 2 , 1987 the Shakopee Cable Commission approved the School
District ' s request for the release of Public Access- funds . These
funds will assist the School District in acquiring a character
generator and equipment to activate the I-net .
Background
In March of 1986 the Shakopee City Council approved several amend-
ments to the cable franchise ordinance . One of the amendments
allowed the deferral of institutional network equipment upon the
payment of $4,000 to the City of Shakopee . These funds were
received and placed into an account of the Shakopee Community
Access Corporation to fund the purchase of equipment to activate
the institutional network of the Shakopee cable system. An
additional amendment approved by the City , related to the pro-
vision of character generator equipment by the Cable Company.
The approved amendment relieved the Cable Company of supplying
any future character generator equipment upon the submission of
a check in the amount of $4,000. These funds were received and
placed into an account by the Shakopee Community Access Corpora-
tion to provide funding for unmet character generator equipment
originally proposed by the Cable Company.
On April 2 , 1987 the Shakopee School District appeared before the
Cable Commission to request the release of $2 ,995 from the character
generator fund to allow them to purchase a character generator for
the school system. Additionally , the school has requested the
release of between $3 , 185 and $3, 385 from the institutional network
fund which would allow them to activate the institutional network
between the school and the Shakopee Women ' s Correctional Facility .
These dollars would be used to purchase a modulator and a switcher .
The Cable Commission moved to approve the release of Public
Access funds to the Shakopee School District in the amount of
$2 ,995 for a character generator and between $3, 185 and $3 , 385
for institutional network equipment and requested the Shakopee
Community Access Corporation to release these funds to the Shakopee
School District in an amount not to exceed $6, 380.
The consensus of the Cable Commission was that the remaining
dollars in the Character Generator and I-net funds (approx .
$1620) should be earmarked for future use bytheCity of
Shakopee in acquiring a character generator or improving the
broadcasting of Council meetings .
/7
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE: L & D Trucking
DATE: April 1, 1987
A business with the name of L & D Trucking has been
operating on Eagle Creek Boulevard for a number of months without
obtaining proper City approvals. Last September, the City zoning
inspector, Howard Jones cited both the operator of the business,
L & D Trucking and the owner of the property, Mr. Parrott, for
operating without a Conditional Use Permit and for violating the
nuisance provisions of the City Code. At that time the renter
was given ten days to remedy the deficiency and after that
happened the owner was subsequently told to deal with the
problem. Since that time the problem has not been resolved.
On March 25th I assembled the various materials available on
the problem and sent them to the City Attorney for further legal
action. I recommended to Mr. Coller that he pursue legal
remedies in that, after receiving notices from Mr. Jones, and
after having been given a period of time to remedy the problems
the operator of L & D Trucking has chosen to not comply with the
City directive.
At this time the matter is in the hands of the City Attorney
for further action.
4
MINNESOTA HISTORICAL SOCIETY
MUNDED IN 1849 Fir In e1; 111 L.lon (rr 0, ?I. Pd ul. Ah'i5 I I I • 1612) ]26-1171
RECEIVED
April 1 , 1987 APR 2 1981
CITY OF SHAKOPEE
City of Shakopee H.R.A.
Dennis Kraft, Director
129 East let Avenue
Shakopee, Minnesota 55379
Dear Mr. Kraft:
RE: Reis Block
1st Avenue and Holmes Street
Shakopee, Scott County, Minnesota
The property listed above was placed on the National Register of Historic
Places on April 17, 1980. Our records indicate that the property was razed on
December 2, 1986 .
In order to keep our files on National Register properties current, we are
requesting the Keeper of the Register to "de-list" those properties which no
longer exist. Federal regulations (36CFR60) require that we notify you, the
current owner of the property, and the chief elected local official before the
de-listing is presented to the Keeper of the National Register.
If you have any comments, please direct them to Nina M. Archabal, State
Historic Preservation Officer, Minnesota Historical Society, Fort Snelling
History Center, St. Paul, Minnesota 55111 . Comments must be received on or
before May 7, 1987• If you have any questions regarding the de-listing
procedures, please contact Dennis Gimmestad, Deputy State Historic
Preservation Officer, Minnesota Historical Society, Fort Snelling History
Center, St. Paul, Minnesota, 55111 .
Siinncerely,/�y/�
K 1./ ( —
Nina M. Archabal
State Historic Preservation Officer
NMA/fr
Encl. : Legal Description
cc: Mayor Eldon Reinke
Legal Description
West 55 feet of the south 101 feet of lot 1 , block 4, original plat of
the City of Shakopee.
/ 9
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: Shakopee By-Pass
DATE: April 3, 1987
If you have entered Shakopee from the East recently you may have
noticed that near the railroad overpass on the very eastern edge
of Shakopee some engineering stakes have been set into place. we
have discovered that these stakes mark the centerline of the
Shakopee By-Pass and assist Mn/DOT engineers in locating and
performing soil borings. After years of waiting visual progress
is finally beginning to happen.
BAS/jms
�b
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer�7tl'—
SUBJECT: Monthly Status Report
DATE: April 3, 1987
i
Attached is the monthly engineering status report. The �
construction season is quickly approaching and contractors will
soon be back to work.
i
One project in specific that will be starting next week is the
Valley Park Drive North Project. Our construction schedule is
such that we expect full completion by May 8, 1987 . Based upon
this schedule and the current status of right-of-way acquisition,
it appears that it may be necessary to remove the inplace marquee
under the roadway contract.
KA/pmp
STATUS
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TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN April 9, 1987
Chairwoman VanMaldeghem Presiding
1. Roll Call at 7: 30 P.M.
2. Approval of Agenda
3 . Approval of February 5, 1987, February 12, 1987 and March 5,
1987 Meeting Minutes
4. 8:00 P.M. PUBLIC HEARING CONTINUED: To consider the
preliminary plat of Horizon Heights 4th Addition lying on
the. property located south of County Road 16, north of
County Road 42, east of Muhlenhardt Road and west of Hwy.
13.
Applicant: Walt Muhlenhardt
Action: Recommendation to City Council
5. 8:10 P.M. PUBLIC HEARING: To consider the rezoning
request to rezone approximately 85 acres of land located
east of County Road 79 and South of 11th Avenue from Ag to
R-2 and R-3.
Applicant: Meritor Development Corporation
Action: Recommendation to City Council
6. 8: 20 P.M. PUBLIC HEARING: To consider the preliminary
plat of Canterbury Estates lying on the property located
east of County Road 79 and south of 11th Avenue.
Applicant: Meritor Development Corporation
Action Requested: Recommendation to City Hall
7. 8:30 P.M. PUBLIC HEARING: To consider an application for
Conditional Use Permit to operate an open sales lot
upon the properties located at 1266 E. First Ave. and
7380 Highway 101, both locations are in a B-1 zoning
district.
Applicant: William Clifford Bakken
Action Requested: Conditional Use Permit Resolution
No. 487
8. Final Plat Hauers 4th Addition
Action: Recommendation to City Council
9. Discussion: Carol Cronkhite - Therapeutic Massage
10. Communications:
A. Scottland Letter Re: Sign Ordinance
B. Scottland Letter Re: Starwood Music Center
11. Other Business:
A. Report on Council Actions
B. Approval of Annual Report
C. Yarusso Addition - Final Plat
12. Adjourn
Douglas K. Wise
City Planner
TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session April 9 , 1987
Chairwoman VanMaldeghem Presiding
1. Roll Call at 7: 30 P.M.
2. Approval of Agenda
3. Approval of Minutes of March 5, 1987 Meeting
4. 7:30 P.M. PUBLIC HEARING CONTINUED: 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 VanRemortel (Backstretch R.V. Park)
Action: Variance Resolution #481
5. 7:40 P.M. PUBLIC HEARING: Request for a 22 ft. variance
from the required 50 ft. front yard setback to construct a
new dwelling at 1220 West 12th Ave. .
Applicant: Clete Link
Action: Variance Resolution #486
6. 7:50 P.M. PUBLIC HEARING: Request for a 4 foot variance
from the required 10 foot side yard setback to construct a
three-season porch and deck at 1142 Jefferson Street.
Applicant: Kenneth. W. Russ
Action: Variance Resolution #485
7. Other Business
8. Adjourn
Douglas K. Wise
City Planner
NOTE MEETING TIME: 7: 00 P.M. 9-'21
TENTATIVE AGENDA
Energy and Transportation Committee
Shakopee, Minnesota
April 6, 1987
Chrm. Ziegler presiding:
1. RollCall at 7: 00 p.m.
2. Approval of Minutes - February 23, 1987
3. Action Items
A. 1986 Annual Report
B. Van Pool Contract Extension
C. Van Pool Policies
1) New Driver Probation Period - $ 20
2) Driver Responsibilities - # 21
4. Discussion Items
A. Community Energy Council Grant Program/Application
B. Van Pool/Dial-A-Ride Survey Results
5. Informational Items
A. Dial-A-Ride Monthly Report
B. Van Pool Monthly Report
C.
6 . Other Business
A. Next Meeting - Thursday, May 21, 1987 - 7:00 PM
B.
7. Adjournment
Barry A. Stock
Administrative Assistant
CITY OF SHAKOPEE - -
�3
Planning ^ mmission
.:az—h r 19,
PaGe --2- .
r.=' - _ _ -- -s'- -.1 '.onditia.al Use 'rorm't 4-+s, Davi-'3 Tischer.
Schmitt/'.zaja maxed t� Open tine public Learir.,-, to cons:•e'er renewal of
^ond-t-Dn�i Use Perm: t 3es-lution ler,. tc onarIte a co.^ercial recreational
us: a bicycle n t ccross tr.c'- un-n V!— rrIperty incited on County Road 16
in 1/4 Of e-ticn 1/4 f oe_ i'n .- ._ .. carried as 'l i.'�.oc51;•
;floe City Flanne= said that the applicant wishes to re-ew his pe=it for another ..
hove been ni plaints abea , the cp_ratian.
')avid .'scher, a-pl a- - at they _ prota'_•ly e number one tri -
1yik� - _.L _ - - 2cjJ� _ — J2ya Exr .:£o2=
.. _ o- t.._s u - op---, .,_1 L- 'b�sabjP-t - a- us _
r-.cc... 'c scussenzu:d o- _ aro .,. ard- the ....:, of ti,<
lxup-rty. - - - _
Schmitt/^om-renke mused to close toe puulic hearing. :Soticn carrird
unanimou - -
1'oudr_y/'oakne moved to renew the Conditional Use Permit ?30. 465 subject
to the sl__f reluirements in the B'ebraary 27 memo from liougla; Klee,
Cit;; ?larder, subject to annual review and weed control-and a little
more mowi:; done than in the past. i:cticn ca._ied unanimously.
-.ondi icnah ^se Permit 412. Dennis and Judith ausen
Poudray/Jo'.-aison moved to .open the public hearing to consider an application
for a Conditional Use Peri to operate abed and breakfast facility upon
the property located at 314 South Scott Street. :_otio.. carried unanimously.
-:he City Planner said that the re�uireme;ts have been Wet with the
exception of paro-iso area requirements. Uie peaking area should be
ailed with the alles� aa3 Wow for six cars to
Br ? - park without ercxoa + -icer.
mag.
on the alley. Me applicants will continue to live in the residence. _
Chairwoman 4anFaldeghem asked if there was anyone from audience who wished
to address this issue. Trere wen no response.-
.
}tudray/„+obnson moved to close the public hearing. Motion carried -
unaii-ously.
Pomersnke/_oudray moved to approve the Conditional Use ?emit "-492 subject
to conditions outlined in staffs memo of e7braary 27, 1--S7, and the
Sire inspector have access to the budding, and parking requirements as
stated. by City Planner, Motion carried unanimously. -
_ Planninc CcmmissJ-3
Sarch „
a4;= -3-
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- a„ - o1_ticnd 'v-c SEy2't 4'-` • 1 iaTTler= - -
Czaja/_cb=itt moved to ope. the pablic hearing to consider a:. app'_i_ io:.
for s ^.ondition;.1 'u.ee Permit to operate a truck maintenance garay-e upon -
the property located at 9949 13th -LL- =Z-t. :'.ctien carried unanimously.
^,ity. sy
- � er said the e_ i:; zoned =-'_ q'h=- will use an existing:-
1a7jdin of 44 x. 10^ feet aa3 a33 an, addition of 62 x 100 fest. It 1s
c=- atible with, suP_•1:`iding land uses inthe ares. - -
Comm. Schmitt asked the City Administrator if anything h=d beer. done on
that "improved road. -ae 7it;,% Administrator replied nothing is contemplated
`_:
e
Schmitt
this tine. ..,_. Sa_. said that the ap7_.cant s*.gull co�1� '-:.t.`.
tie '_,^d_oap�ng^re:uir_vents prior to obtaining hi3 occup_i._j per�'t.
- Chairwoman Pa Naldeghem asked if there was anyone from aadience who
.,,shed ' , address_ this Issue. "-:s__e we_ respcnsn. -
ScY.itt� :zja moved to close t:-le pablic hearing MoSLn carried
...`.^_it t/ .o_;ne moved to grant ......._ _ ndl Use ter it No. 403, subjeot
,.;
the „__., an:- ',nditio._: -
1. The wella.d septic rte= =ust be inspected by the City -
Bal-ding inspector and meet City Code. -
^O 4on carried una.inousl_y.
i' — E- a.er' 4th addition, R L. D Develoo-ent
Czajaj -,onerenke moved to open the public hearing to consider the preliminary
-- ----- - —ulet-of=auer's 4th Addition lying on the property_ p ps_^'.y located north of 13th -
Avenue, South of County-Road 16 and Beat of.Eaaer's 1st Addition. Motion -
carried unanimously. - -
2Yse City ?lanner reviewed the appli=nt!s request for a proposed sub-
- - division consisting o£ 40 acres and is zoned R-2. !.-:he developer is
proposing 91 lots. There is an additional condition of requiring-a -
developers agreement stipulating the developer's requirments concerning
sewer, water, streets, lighting, and also subject to review of the ownership -
by the ;ity Attorney for favorable titleship. -
Chairwoman Van!aldegilem asked if there was anyone from the audience who -
wished to address this issue. -
- - -.Dale Dahlke, 4279,Limestone Drive, the applicant, said he has no further
- comments and understands all conditions set by the staff.
Tic: Keane, 1244. Canterbury Road, on behalf of property owners to the west,
said that Scottland Companies is coordinating their plw..s_with the applicant..
and the alignment of 13th Avenue.
Page -1-
lenuevrus of toe ^om.. 5cic: w3 that all dizcuss-;= rcgarding s•.mronnding -
property devcicp_en: will be out of order at this time. Scottland Companies
can come back, to the Commission so a separate item•. of discussion at a later -
- eoc.
Clair ran: aldeghem 1221 .,imestore, asked if tha ^ - planned to have
1,2t'-. ;venue done s.•'tcin the noxi year, if net heh::i concerns ore- what - -
tr:ffic -patterns will be and what traffic flow will be. 57e City planner .
„aid that .construction of 13th Avenue will be initiated as soon as possible. -
Joyce 3:.a-:icish, 25' Saner -frail, arl:ec if tha only access ' ','werald lane
w-,-,! be Li:=estene a^.d laspe.•. --he developer said until ljt' ;,venue a
1ruilt then that will be the only access.
Coc=issioner Sohmitt asked if the developers plans were to do an� entire
h h t i.__
plat on tha K..01e tliilig. 1++2 developer a-s:,=rid t...., it _ intent
to d� the whole thing. rozm. Schmitt said a review should be clone whether
or not =case is- required through lot 2, block 1 to the Leman and Scottland -:
properties. Sh� City '?crier said the fir: chief ha o .ont _
-zaja had a concern over the drainage that took place on the east _
and of 9aue_Tora:' ^'lta City -la^n.=_ said he id not ha. drainage - - - -
^=.p at this time�but that it could be dealt with as a preli-- sry subject
.to the reoeipt of the drainage map. _
Dottie Crouse, 2$30 Eagle Creek Dr. expressed concern over what this - -
-plat will do to her property since 13th Avenue does go through the corner of her
property. -
-:_l.e Fe Ls, 1525e agle '.^,ree'.: Dr., Prior =ake, asked if the decision. for
...e lccation of 13th Avenue has been made and approved. 'There was discussion -
-_ _ -_a,-to whether or not .,^pity ;osic i. had approvsd this real.b Gent of i3th _
Avenue and where 1_3th Avenue should go. Chairwomen- 7-=Haldeghem asked
.:,a ti ayo::a from the audience who wished to address this issue.
There was no response. - -
Czaja/Pomerenke moved to close the public he=aring. --Motion carried - - - - - -- -
unanimously.
Schmitt/ezaja moved to approve the preliminary plat of Hauer's 4th Addition.
subject to the staff conditions as outlined in staff report of February 27,
with the addition of an item regarding draiaga easements, a^-d item regarding
developers agreement and item requiring a favorable title opinion and an
: item regarding that jot 1, block 2b resolved as to whether access is
required an property immediately adjacent to the west, and final item to _ -
include a limitation of no mare thanlq!, of duplex type dwellings withir. -
thesubdivision. . Idotion carried unanimously. - -
ala^nSng. ';ommission A
t�.erci. 5, 19t r
•a
'chmitt/=-oudraa: morei that Y_- Flanning ^,o.rmissicn go on reconl as requestine
the
n ..:smell t(` tal-P antiin. re.Zardin, .. 'tit._.. alignment of 13t`; :Avenue
fr-:^ .._:t- 3oa9 lE t- 7=nty �aad 'S in te_r=- of forali_i-j a preliminary
locitl^" in order to pP^dt the ordex y development of lands on either aide
of _. _-r+itc entire iengt:.. ;action carried unanimously.
icP=it2f To'_-ssan moved for a 15 minute r=cess. ...._i:n carried unanimc_sly.
-a:•e. .: at : ;5 - _-. .._._,n carrie_ una_:_.ously. _ - -
c,hi, 4 -
,;.a__. ✓'^a.. ;� __ .._ op» the -__ -_..__ _=-- zr a:n
to __ i✓ '.Ode, ] ct c 3 _ I-
allo4 zr-vate sews= service subject tO - �o'uncil•spproval, tO o___.: an
^.arcece in 1et desities above the the -_ani^g distr_c` mst
s•___._r in. fact Lon to the proposed use a_:: to permit mixed uses subject
to City Oouncil approval. Motion carried una=nimously. - -
...e Idministrative =53istant reviewed the existing langaage in the ordinance -
as it relates to the 7,, (FienzPd Unit Develop_=_raj. He said the ordinance- -
addresses private water service bu_ does not say a=.;t;_;._Z„ in recar_%_ .o -
sewer service. ,mother area is in the di.4sion of densities, right now
it is recommended not more than 10i', staff recommended the residential density
should be allowed up to 25"', the third area is in the :uses Permitted -
3ecticn, right now the section only allows the permitted uses.
-
,",am-. Sch-.itt said that in ter..s of the T_-'- aid I- 2, we s ou2d not c-.ange
w'.-,at we have now cnu recommend'd not expanding the uses. However, some -
flexibility could be allowed in the R-1, R-2, and R-3 zone. comm. CzaJa
said he has concerns with prdvate sewers in relation to shoreline, he said there
--- - - -
-- --is -some cases of-contaminated-ground -water in Shakopee already.
harry Wynot, 29;4 :arschsll Road, said he has never seen a private sewer -
work in its entirety without problems. -e believes_ `W:at density shculd _ - -
- remain the- same around the shoreline.
Can ;dr^.ush, 3591 ?Farschall Road, said he has a concern with the mixed uses,
and the density with regards to sewer and water.
Sonnie 8ukolcv, 1424 wood Duck Trail, expressed a concern about increased
density in their area of Timber Trails, she sa-d there is already a problem
with septic drainage and standing water arotmd the homes. - -
"yntY,ia :;race,
1410' Slue Hero: Trail, expressed concern also wish increased
density with regards to sewer and water problems in the area of Timber Trails.
Rick Rubiella, 14500 -L&hand ]rive, expressed concern also of a higher
- - density area. - - - -
March 5, 193"
Pa_e 6
:ar: ?RurEst, 2415 -,akevie:.-, co^i nted on the philoccl:hy behind =. a saying
- t-at it Gives opport=iiy for R•Lque develOp=t5 tC occur within an. are=a.
^hzircoa:. '.'an5'aldeghea aske3 if there was an:,ore from the audience
wh^ e_.S.[ed t-.` 8ddra33 tia5 issue. 1°p2r.'. wazs no re5D0n32.
.aitt/( oc_ ,, F fed to ccn'-'nue the pnbiic nearing to �:ax-h 2.6+, 19 7
L ,
at7:3C p.m. !.O fo e. .^.S:u•_'.'-.l:i.
i=:m. Foudray wan excused at 10:33 P.M.
-= con^
h^,itt/ ower=_=':a moved tc open, the public hea__r.g t3 eenzi3er a raquezt
for a prelimine.— Planned Unit Development for a g1_` course project -
,a-c:, tha property located '-nrth of :'Dowd bake 3outk, of :coni^ deal
27, Fast of . ..y Road 19 and Hest of Timber Trails Addition. FOtion
carried unanimously.
The ?dai istrative Assistant reviewed the reLuest by ter. Gary la-rent ani -
om "au.-en for the development of a 200 acre development near O'Dowd
Lake Park west of Limber Trails Addition.. it will consist of an. IS hole -
private owned mad operated golf course including single family and aalti-
fa_ily residential homes. '_he develcpre^.t being proposed is in an unsevered -
area. -
Go_, Taurent, the developer,-said-at this point they are proposing three
access points On :Aunty-.'Load 77, He said this golf coarse is O. e that
a'_i attract t;;urists. -
Gzajaa/3 w "tt moved t: enter . he Xc';uah letter �to the record. ':otic^
carried :irianimoualy.. _ . _
Bennie likolof, 1447 ;food Buck Trail, asked why the residents in Timber -
Trails were not notified of the public.hewing. =iu: ty Ad�..inistrator _
said the requirement is. 350 feet of the proposed development.. . -
3arr;• W}r]ot, 2935 efazscha:l-Road, -had a concern o.-. the multi-family residential _
is regards to private sewage. -
Daren Brinkchouse, 1434 Highland Drive, had a concern over the additional
wells and the water that it will need to maintain its status. -
,-.ike 3utten, Soils Engineering Consultant, -said that the facts involved
as to how the soil can-handle the future development of wells and septic
tanks will be better answered after the soil boring tests and percolation
tests have been performed. _ -
rx��,y
� =lalai."i.T� �OTmiaaiOn
_ah 19e7 y3
'iom Eaugen, 1150 k;:.rrisc-., addressed zhe concern of .-=igati?n in regards
to _ak= 0"cad. 4e sell V. i, not n--w pr-��posed or will it ever be proposed
tc draw _ , ..rater ou`. of ,,'Dowd.
F'cCue', had sore concerns as to t::e total number of acres inv,lved wit;-,
regards to the baili_n,; tomes an^ __3eraats.
._ i0 __ - yiJ V_•.. i0a' p.:On'phEro_
level a:d•. hava liV le or , -4 P-' c.-. tile-..>.._.
aked ._.ere the watcr from C
sty' '-- .. __ co.
.... .GTO:�[ :, 25 - --..._..ail ick? ., as::Ed Z._C --eveloper5 YETn
cancer::ed for endangering public waters.
Rick Simons, 14,10 Blue -eron mail, had a concern of mixing golf-with
fishing. _
Dartis ?urcell, 2320 Karschall Road, said that the staff shout '.ave
mentioned th= proposal of loo housing units in e notice that was sent
out to property owner-. is a'_se oppose- to srge .:_...,and Lav±lopma:.a
without p::t--iic sewer wad water.
Harold Marshall, 2240 ?arschall Rd, said he is in favor of the golf course
he said he thinks it will enhance the motel business and will compliment
- the other facilities in, the area. - - -
i
Del ?lekkenpol, 2433 uou-:ty load 79, said he has a concern on how it
will- affect the waterw=ay that eras through his proaerty
.Sue Grace, 1415 Blazing irai'_, asked why-the-davalopar--was -propasirZ _
multi-Samil, homes.
Taff. CIDell 1435 Bakeviea Drive, had a concern over traffic cutting
through the golf cc-arse to get to t.a other side. - - -
,ack Case, ' arty Road 77, asked if there was an alternative- jus: in
case this proposal did not work.. -
Gary Laursnt addressed the concerns saying that the water on the streets
will be designed such that water will collect into drainage system to
be used for watering the galf course. He said he did not feel that the -
traffic will be increased due to. people taking short cu_is through the
course, -
pla:-ming Commissionn --
'Ia_on 5, 1987 q,
Page _ d
"J'. ?SSE:] if we h-12 the drain---e street easement utilities done
on his subdivision: yet. !a=. • zaja statei that he is not against
Zolf ccu.rsea but does not w=t it of ec; he e^:vironaent.
De1 Parg,, 1449 teod Duc,� Trail, had a ccnoern over its tar. in^re=__ 'Cr
n c dEv__.D -..., he said .__ precaui:^ns should be t_e% so.
.1-', residents do _. g. through t asatssmtnt &Zai.. -
61j 20 e', i%:E1 if there was anyone fr:= the aniience who
w: Alia' t: auarez _a.:__. 7--ere w.- n:. response. -
:1-zami" ped LJ ,i0.nti.^.tie ts.2 Fab'_ia .__c._6p to .arch 2F !CR'? L
,i- c. .C.. Lnu'e _e.'>_sa. . ot'_Jn carried i _T.a1cl•
.__.-. '.za-a a--'-ed tc be excused at 11:5^ r.n.
,c,=. Ponererke asked tJ he excused at 11:50 P.M.
;e=_tins was reconvened at 1_1:49 p.r..
e 'It, Planner reviewed the request from Sha ogee Tayceas recue.t:n_
nerrissicn tJ sell advertising on the softball fences at Tampa?: Pa
'ie said they are proposing installation of large sib s attached direz.
to `._ fencing, they would ramoin up thrcuG`hcut the softball season.=lie'the
is located in a R-2 Zone.
?'iks Pennington, 1722 Presidential Circle, said they are pro pos . - to
-do this as a fund raiser and also to improve lanpah Park. It will be
a 3 ;Tear pros-ra:a and they :._a_ :ave insurance on each sic a:i9 w_ll
be replaced by the ins=nce cczmany. 0=m. Suitt 3, :=i where_ est:
8Ju'12 be located and where the money would go. :r. Pennington -
-_ .__ replied that the sone.• will .^u^d Tampah Park. Dwcassion ensued
on hoe the signs would be affixed onto the fence. The City Administrator -
suggested that they talk to the Public :icr>= Director.
achWitt/iohnsan Laved to recommend to staff that they research and - -
develop an amendma:nt to the ordinance to provide for seasonal signage
in a recreational environment on public property. Potion carried
unanimously. -
...a 'ity Planner addressed the 7:a11ey Fair Sig: Request. 7a said that
Galley _air has to either move or contract a new sign, valley Fair.
in proposing a sign of almost 500 square feet which the current ordinance
allows for a sign of 103 square feet. - -
Flanairg Coaaiesior.
Fhrch 19'7
Page
a'_t mer, E Presidentf0eneral F:a-iaeer of 7aliey Fair said they Tuve
to get rid, of their Marque s=oe the construction of ; me-w frontage m-ami
is being proposed. Diacussioa ensued on allows^.g the ne:. sign or coving
the .'crque tc. w.,;.re the other si,n is pr-poszd. Ijonsensu -s was t_
•ok ie-to the sign ordi.=-e =_d see ...zt oouid be ;
done, t. E feeling of
_ _ �Om=xssion was that 500 squ_-- feat a2mo3I too mL'cA tO a,.,
D.scuss!on ensued on the poste^il' _ of ..._tiZ a hardship and a^.pl; -
for a vnrianne for the sign. "os.. SQ'mitt suggested that maybe they
. shaald deal with the Laztry in 7ha-oPce a overall
consensus of the O,omzii3sio:a waz-: i, i....-: into amaadiag the si5r. ordinance.
have _tuff
rcv.sw a... e.a•_u=_tio-of the sic.: ;r3i...era E. YDt'nr carried
9-e City Pi=ner reviewed the actio thatthe
t'.:_i 1.iect ;-tiro - reoarda re'loo_.an a'vCanl erbnr7 D;vns dormitories.
- - 3o.mit+/40cl-•e moved that staff be directed to alvise Canterbury Downs
-that the placement of at least the easterly structure now falls under -
the provision of the building materials situation -because of its -
visibility to the public and on that build_:g tae, may have to meet _ -
-ode. ,otion carried unaai: ossly.
3c. -.Vjonason roved to adjourn. ,:otion carried unanimously. Fleeting
adjcurr:ed at 1:00 a.m.
Douglas ;rise
City Flamer -
Carol L. Schultz
Recording Secretary -
0�3
PROCEEDINGS OF THE BOARD OF
ADJUSTMENTS AND APPEALS
REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 5, 1987
Chairwoman VanNaldeghem called the meeting to order at 7:30 P.m. with Comm.
Schmitt, Czaja, Rockne, Pomerenke, Johnson and Foudray present. Also present
were Doug Wise, City Planner; Dennis Kraft, Executive Director; Barry Stock,
Administrative Assistant; and John K. Anderson, City Administrator.
The agenda was approved as written.
Czaja/Rockne moved to approve the minutes of February 5, 1987. Motion carried
unanimously.
PUBLIC HEARING - Backstretch R.V. Park
Czaja/Foudray moved to open the public hearing for a request for variances to
allow the following: (1) two area identifications 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.
Motion carried unanimously.
The City Planner said that Mr. Jack VanRemortel is constructing on RV Park and
campground on the east end of Shakopee adjacent to Highway 101 and 13th Avenue
and is requesting a variance from the sign ordinance. It is located in an I-1,
light industrial zone. The request is for a sign on the property adjacent to
the highway righ-of-way which will be higher than the allowed 20 feet, the
second sign will be located at the entrance on 13th Avenue and locate the sign
closer to the right-of-way and lower than required by the sign ordinance.
Diane Klossner, representing Mr. VanRemortel, asked for clarification on the
ordinance stating that no free standing sign lower than 10 feet to the bottom
of the sign shall be located within 10 feet of the lot line.
The City Planner said the signage that is allowed by the ordinance is one sign
75 square feet. The City Planner said the signage that is allowed by the ordinance
is one sign 75 sgare feet. The applicant has requested a second sign containing
36 square feet. Comm. Rockne said that it should be stated that neither sign
should be more than 75 square feet. Comm. Schmitt said that the ordinance
provides for directional signs, and that if the applicant can perform to
dimensions for treating the second sign as a directional sign then the
Commission will deal only pith the heighth, depth and placement of the sign.
Discussion ensued on whether of not a hardship has been proved. Comm.
Cmaja said he does not believe a hardship exists_:, Chairwoman- VanMaldeghem
asked if there was anyone from the audience who wished to address this issue.
There was no response.
Foudray/Schmitt moved to close the public hearing. Motion carried unanimously
Hoard of Adj. & Appe£b�
M '9[7
[°ISiTWOm3: Q8^.):3lderhEasaid th1 t verification 5.1ould Oe On W ether Or n^t
a directional sign =^ ld be used, proof of tards`_ip end 10 feet versus 5 fee,
off t.e ground.
....._._tt�-^o:.dra moves tc tab.- discussion to13=- . . d
apri- i r i. :'A:....- Carr!E..
:arol - Schultz
le OGY_in;� ze Creiar
PROCEEDINGS OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE
REGULAR SESSION SHAKOPEE, MINNESOTA FEB. 23, 1987
Chairman Ziegler called the meeting to order at 7: 30 p.m. with
Commissioners Schmidt, Weeks and Allen present. Commission
Spiotta was absent. Barry Stock, Administrative Assistant was
also present.
Schmidt/Weeks moved to approve the minutes of January 15, 1987
meeting as kept. Motion carried unanimously.
Chairman Ziegler then passed the gavel to Mr. Stock and the
election of officers was conducted. Bob Ziegler was nominated by
Commission Allen for the Chairperson position. There being no
further nominations, Commissioner Allen/Schmidt moved to appoint
Bob Zeigler as Chairperson for the Energy and Transportation
Committee. Motion carried unanimously.
Mr. Stock then passed the gavel to Commissioner Ziegler.
Chairman Ziegler asked for nominations for Vice Chairperson.
Commission Schmidt nominated Jim Weeks as Vice Chairperson for
the Energy and Transportation Committee. There being no further
nominations, Commissioner Schmidt/Allen moved to appoint Jim
Weeks as Vice Chairperson for the Energy and Transportation
Committee. Motion carried unanimously.
Chairman Ziegler than asked for nominations for Secretary.
Commissioner Allen nominated Carol Schmidt as Secretary for the
Energy and Transportation Committee. There being no further
nominations, Commissioner Allen/Weeks moved to appoint Carol
Schmidt as Secretary for the Energy and Transportation Committee.
Motion carried unanimously.
Mr. Stock stated that he had drafted a set of goals and
objectives for the Energy and Transportation Committee based on
the discussions that were held at the last meeting. The
Commission then proceeded to discuss several of the goals and
objectives and there proposed completion dates. Commission
Allen/Schmitt moved to approve the Energy and Transportation
Committees 1987 Goals and Objectives as drafted by staff.
Motion carried unanimously.
Mr. Stock then reviewed the Dial-A-Ride/Van Pool telephone survey
which will be conducted of the residents of Shakopee to determine
the visibility, usefulness and effectiveness of both the Van Pool
and Dial-A-Ride Programs. Mr. Stock stated that he had been in
contact with the League of Women Voters and they have agreed to
conduct the telephone survey on March 5 and March 10, 1987 for a
flat fee not to exceed $500.00. Mr. Stock then informed the
Committee that he would have the results of the survey analyzed
prior to our next meeting. Commissioner Weeks/Allen moved to
approve the Dial-A-Ride/Van Pool Survey and pay the League of
Women Voters up to $500.00 to complete the telephone survey on
behalf of the Energy and Transportation Committee. Motion
carried unanimously.
Mr. Stock then solicited input from the Energy and Transportation
Committee members in regard to the Community Energy Council Grant
Program application and the desires of the Energy and
Transportation Committee. It was the consensus of the Committee
that they would like to pursue some type of home energy program.
Commissioner Schmidt suggested that we somehow identify those
residents who have inefficient energy homes. she suggested that
perhaps those residents with unusually high bills could be
targeted and identified. Chairman Ziegler suggested that the
infra-red fly over that was conducted several years ago might be
used to identify homes with sufficient heat loss. He suggested
that staff look into the cost of performing another infra-red fly
over. Commissioner Weeks stated that we should somehow identify
a target area for our home energy improvement program. Chairman
Ziegler stated that the majority of the homes built after 1970
are likely to be energy efficient or have been improved by their
property owners. Chairman Ziegler also suggested that we some-
how develop a long range program which would give the residents
some direction after we have completed our initial home energy
audit of their residence. This could be done with either a home
energy loan program or even a simple list of contractors and cost
estimates for certain types of home energy improvements.
Commissioner Allen questioned who would coordinate the program.
Mr. Stock stated that it was likely that the majority of the
costs associated with the grant would be for hiring a full time
or part time coordinator to implement the program. Commissioner
Allen suggested that the City could hire a retired person to work
on a part time basis to coordinate the program. Discussion
ensued.
Mr. Stock stated that he would draft a preliminary Community
Energy Council Grant proposal for the Energy and Transportation
Committee' s consideration based on the comments received at the
meeting.
Mr. Stock then reviewed the Dial-A-Ride and Van Pool monthly
reports with the Committee members.
Mr. Stock then went through the three major transportation
projects that are currently being proposed for construction.
It was the consensus of the Committee that the next meeting be
scheduled for Monday, April 6, 1987 at 7:00 P.M. The meeting
following the April meeting would be held on May 21, 1987 at 7: 00
p.m.
There being no further discussion, Commissioner Weeks/Schmidt
moved to adjourn the meeting at 8:50 P.M.
Barry A. Stock
Recording Secretary
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WASNINNTUN,DC 20510-6200
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MMY MGVLIFlE NINOMff MIN 0,SfIiF
March 23, 1967
John R. Anderson
City Administrator
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
Dear John :
[snowing of your interest in the Surface Transportation
Assistance Act and the Bloomington Ferry Bridge project, I
thought I 'd update you on the current situation.
The Bloomington Ferry Bridge has been my number one priority,
and I 'm happy to say that $26 million for the project is included
in the Conference Report on the Highway Bill , which passed the
Senate on March 19 by a vote of 79-17. Unfortunately, there is a
very good chance that the President will veto this bill. There
are definitely enough votes to override the veto in the House,
but it would be nip and tuck in the Senate. In any event, you
can be sure of my continued efforts to acquire the necessary
funding for the Bloomington Ferry Bridge.
Thanks again for your letter, It is a privilege to
serve you in the United States enate.
4Uni
r ,urgerd States Senator
DD:cle
4�6CEyV V—O
PPR 3 1C al
G1 V
Of- S14
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 7, 1987
Mayor Reinke presiding
11 Roll Call at 7:00 P.M.
2] Recess for H.R.A. Meeting
31 Re-convene
4] Liaison Reports from Councilmembers
51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
6] Approval of Consent Business - (All items listed with an asterick
are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of
these items unless a Councilmember so requests, in which event
the item will be removed from the consent agenda and considered
in its normal sequence on the agenda. )
*71 Approval of Minutes of March 3, 10, 16, and 17, 1987
8] Communications: (Items noted for consent will be received and filed)
"a] Mrs. Bing Severson re: proposed golf course
ib] Action Alert re: bill creating a statewide public employees
insurance plan
c] League of Mn. Cities re: threat of LGA cuts & sales tax on city
purchases
d] Barry Stock re: ICC open house
FL' n a,Str0 rg wise, Chamber President re: chamber/tourism center
9] Pu is Hearings - Continuation of public hearing on vacation of
public right-of-way in Killarney Hills
101 hoards and Commissions: Planning Commission:
al Amendment to Planned Unit Development Ordinance
11] Reports from Staff: [Council will take a 10 minute break around 9:001
tea] New Frontier Contract Extension
b] Park Dedication for Hauer's 4th Addition
wc] Vacation of 13th Avenue within Hauer's 3rd Addition - Res.2709
d] Awarding Bid for 3,000 Gallon water Tank Apparatus Body & Chassis
he] Authorize Ad for Bids - Rotary Gangtype Fairway Lawnmower _ on table
*f] Holmes Street Basin Laterals 86-1 - Change Order No. 6
g] Downtown Redevelopment Project - Consultant Services
h] Cost of 13th Avenue for curve-a-linear vs straight alignment
i] Arkell Wiley Multi Family Housing Revenue Bonds - Res. 2713
`j] Liquor Liability - Pizza Huts of the Northwest, Inc.
k] Developers Agreement - Century Plaza Square 2nd Addition
1 ] Approve Bills in Amount of $143, 230.79
TENTATIVE AGENDA
April 7, 1987
Page -2-
111 Reports from Staff continuted:
+m] Amendment to the Joint Powers Agreement Between the City and
School District No. 720 Creating the Shakopee Recreation Program
n] Regulating Horse Drawn Carriages - Ord. No. 214 tabled 3/3
i
12] Resolutions and Ordinances:
"a] Res. No. 2710 -. Initiating the Vacation of Austin Street South
of Davis Court
*b] Res. No. 2712, Amending the 1987 Payplan
c] Ord. No. 216, Amending Ordinance Establishing A Hotel/Motel Tax
131 Other Business:
b]
c]
141 Adjourn to Tuesday, April 21, 1987
John K. Anderson
City Administrator
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting April 7, 1987
Chairperson Leroux presiding
1. Roll Call at 7:00 P.M.
2. Approval of Minutes of March 17, 1987
3. Old Prison Site Option Approval
9. Other Business
5. Adjourn
Dennis R. Kraft
Executive Director
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY g
SPECIAL SESSION SHAKOPEE, MINNESOTA MARCH 17, 1987
Chairman Leroux called the meeting to order at 7:03 p.m. with Com. Lebens, Wampach ,
Vierling, and Clay present. Also present were Dennis Kraft, Executive Director;
Doug Wise, City Planner; John K. Anderson, City Administrator; and Kenneth
Ashfeld, City Engineer. Julius A. Coller II, City Attorney arrived at 7:25 p.m.
Vierling/Wampach moved to accept the Special Call . Motion carried unanimously.
Clay/Vierling moved to approve the minutes of March 3, 1987. Motion carried
unanimously.
The Executive Director reviewed the Wiley-Arkell Housing Proposal. He said the
developer is seeking Housing Revenue Bonds and the use of tax Increment financing
as a means of reducing the interest rate on the housing of low and moderate
income who are 55 years of age and older. Comm. Wampach expressed concern of
the city using tax increment dollars for this kind of residential housing. The
Executive Director said that the City would be under no obligation in the event
that the developer did not pay their property taxes. Mayor Reinke said although
he is in favor of this project, he is not in favor of using tax increment money
but that this kind of housing could help the City with the shortage of housing
available. Comm. Clay brought up the fact that the developers agreement might
be able to stipulate that a certain percentage of residents be from Shakopee.
It was agreed that the developer will work closely with the HRA on this issue.
The developer stated that they are asking for tax increment dollars so that they
can keep the rents of the units lower. Without tax increment money the monthly
rent would be at least $68.00 higher.
Wampach/Lebens moved the Housing and Redevelopment does not support this project
in any manner as proposed and submitted by the developer. Mayor Reinke said he
is against this motion because he is in favor of the project and feels that
this type of project could be utilized in the City of Shakopee. Comm. Leroux
said that he is in agreement with the Mayor but it is the financing method
proposed that he does not support. Motion fails with Wampach and Lebens in favor.
Vierling/Clay moved to support the project and that the use of housing revenue
bonds be pursued further for the project. Motion carried with Wampach and Lebens
opposed.
The developer said that he will look into other alternatives for this project to
fill the gap of tax increment dollars. Discussion ensued on amending section
11.05, subdivision E4 relating to parking requirements in the zoning ordinance.
Clay/Vierling moved to recommend to the Planning Commission to look at requirements
for parking for projects for the elderly. Motion carried unanimously.
Vierling/Clay moved to adjourn. Motion carried unanimously. Meeting adjourned
at 8:00 p.m.
Dennis Kraft
Executive Director
Carol L. Schultz
Recording Secretary
# 3
MEMO TO: Shakopee Housing and Redevelopment Authority (HRA)
FROM: Dennis R. Kraft, Executive Director
RE: Approval of Option to Purchase the Old Prison Site
From the State of Minnesota Dept. of Administration
DATE: April 3, 1987
Introduction•
The attached contract allows the City of Shakopee to have an
exclusive option for the purchase of the old prison site from the
State of Minnesota Dept. of Administration for a sum of $145,000.
Background•
During the last legislative session the Minnesota
Legislature adopted a bill which in essence allows local
governmental entities in Scott County (Scott County, Shakopee
School District, or the City of Shakopee) , to purchase the site
of the former womens prison on 6th Avenue, in Shakopee for an
amount of $145,000. This is for the site in it's present
condition with all of the buildings in place. Previously, both
Scott County and the School District have declined to purchase
the property. Last fall the City negotiated with the Department
of Administration for an option to purchase the property rather
than purchasing the property out right. The purpose of the option
was to allow the City an opportunity to identify a potential
redeveloper and to negotiate on a suitable redevelopment
agreement prior to actually purchasing the site. Mr. Thomas
Massey was the developer who was chosen by the HRA for purposes
of negotiating for the redevelopment of this site. The
negotiations with Mr. Massey did not proceed with last fall
because of an inability on the part of the City to obtain the
option from the Minnesota Department of Administration. The
option agreement was finally received last week from the State of
Minnesota.
The option agreement gives the City the opportunity to
purchase the site for an amount of $145,000. The cost to the
City for the option is $1.00 and other valuable considerations.
The option expires on October 30, 1987. The City has until
September 30, 1987 to determine if it wants to exercise the
option.
Based upon the minimal cost of the option ($1.00 and other
valuable consideration) it appears desirable for the City to
exercise this option agreement at this time.
Assistant City Attorney Rod Krass has reviewed the option
agreement and finds that it is in order.
• 3
Alternatives•
1. Adopt a motion to approve the option to purchase agreement
with the Department of Administration, State of Minnesota as
submitted.
2. Do not approve the option and seize all negotiations with
the Department of Administration for the purchase of this
property.
Recommendation:
It is recommended that the HRA move to authorize the
Chairman and the Executive Director to enter into the option
agreement with the State of Minnesota for the site of the former
womens prison in Shakopee for an amount of $1.00 and other
valuable considerations.
PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL 7
REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 3, 1987
Vice Chairman Leroux called the meeting to order with Cncl. Clay, Vierling and
Lebens present. Cncl. Wampach arrived at 9:45 p.m. Also present were John K.
Anderson, City Administrator; Kenneth Ashfeld, City Engineer; Dennis Kraft,
Community Development Director; Judith S. Cox, City Clerk; Julius A. Coller II,
City Attorney, and Doug Wise, City Planner. Mayor Reinke was absent.
Lebens/Vierling moved to recess for HRA. Motion carried unanimously.
Vierling/Lebens moved to reconvene to City Council at 7:45 P.m. Motion carried
unanimously.
The City Administrator introduced Douglas Wise, the new City Planner of Shakopee.
There were no liaison reports.
Vice Chairman Leroux asked if there was anyone from the audience who wished to
address anything not on the agenda. There was no response.
Lebens/Vierling approved the consent business.
Roll Call: Ayes: Cncl. Lebens, Vierling, Leroux, and Clay
Noes: None
Motion carried.
Lebens/Clay moved to approve the minutes of February 17, 1987. Motion carried
with Cncl. Vierling abstaining.
Lebens/Vierling moved to receive and place on file the letter from Little Six
Bingo Palace requesting support to enhance the feasibility of obtaining directional
traffic signs to the various attractions in the Shakopee Showcase, with direction
to the Community Development Director to review alternatives for council consideration.
Approved under consent business.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
The City Administrator said that George Muenchow, Director of Shakopee Community
Services is requesting a meeting with the City and the School Board to discuss
the S. C. S. and Community Relations Report authorized by the Shakopee School
Board. Consensus was to meet on March 16 or the 24th.
Vierling/Clay moved to receive and place on file the letter from George Muenchow.
Motion carried unanimously.
Lebens/Vierling moved that the City Administrator contact our Congressman and Senators
Boschwitz and Durenberger urging them to make the reauthorization of the Surface
Transportation Assistance Act a matter of highest priority and to urge Senate
and House Conference Committee members to resolve the differences in the two
bills passed earlier in order to vote out a reauthorization bill immediately after
the current recess. Approved under consent business.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
The City Administrator said that David Leivestad who owns and operates Carburetion
and Turbo Systems in the City of Shakopee has signed a purchase agreement on the
property located at 3401 Eagle Creek Road and wishes to add on an additional
2,000 square foot building. The building is currently 5,000 square feet, Ginny
McKenna, representing David Leivestad said that his business does conform with
the zoning regulations. The addition would enhance what is already on the property.
City Council
March 3, 1987
Page -2-
Mr. Monroe, Lesters Inc. said his addition will be 40'x 48' , 1 story and is not
a pole building. It is a permanent structure on a concrete foundation.
The consensus of the Council was that this request should go through the PUD process
and go to the Planning Commission first before the City Council.
Clay/Lebens moved to receive and place on file the letter from David Leivestad
requesting an addition of 2000 square feet to a building he has purchased on
3401 Eagle Creek Road. Motion carried unanimously.
Lebens/Vierling moved that the City Administrator contact our Legislators urging
their defeat of a 6'$ sales tax on local government pruchases, urging defeat of
leaving motor vehicle excise tax (over $200 million) in the General Fund, urging
defeat of deleating $51 million per year from the Regional Transit Boards state
appropriation request and adding it to the property tax, and urging them not to
support a reduction of the already certified 1987 Local Government Aid by $5 million.
Approved under consent business.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
PUBLIC HEARING - Marschall Road Watermain Improvements - 11th Avenue going South 87-4
Clay/Vierling moved to open the public hearing on Marschall Road Watermain
Improvements from lith Avenue South Approximately 1250 feet. Motion carried
unanimously.
The City Engineer said they are proposing a trunk watermain that would run along CR-17
to serve various properties along that route. There are three properties abutting
that route being the Ackerberg Development, the Joe Sands property and the vacant
Vierling property. Ackerberg has petitioned to provide water service to their
particular development. They are proposing to install the watermain system as a
private venture of their own and wish to investigate that option further. Vice
Chairman Leroux asked if there was anyone from the audience who wished to address
this issue.
Lawrence Vierling asked where the line was supposed to be going? The City Engineer
said the proposed and recommended water line will be within the CR-17 right-of-way
on the west side. Cncl. Vierling asked if the project was doneprivatelywould
the council have the decision to charge the undeveloped land. The City Engineer
replied that if the City did not do the project then they have no right to assess
any undeveloped property. Vice Chairman Leroux asked if there was anyone from the
audience who wished to address this issue. There was no response.
Clay/Lebens moved to close the public hearing. Motion carried unanimously.
PUBLIC HEARING - Vacation of Right-Of-Way in Killarney Hills
Clay/Lebens moved to open the public hearing on Vacation of Right-Of-Way in
Killarney Hills. Motion carried unanimously.
Discussion ensued on vacating the right-of-way of Sharon Parkway and Tyrone Drive
within Killarney Hills Addition. Cncl. Leroux asked that if it were vacated to the
end of that road then would Mr. Hauer get that vacated piece of property. The
City Engineer replied that Mr. Hauer would get from the Center line of the street.
City Council
March 3, 1987 /
Page -3-
Mr. Hauer asked what the City will give him for taking away his main access.
Discussion ensued on what compensation should be given Mr. Hauer for vacating his
right-o£-way. The City Attorney asked what the reason was for vacating for the bypass.
The City Administrator said the road cannot be maintained by the City as it now
stands, but perhaps in the vacation process Mr. Hauer could be given a temporary
easement so that he will have access in and out and City will have no responsibility
in muntauu g it. Consensus of the Council was to continue public hearing so that
staff can come up with possible solutions as to how this vacation process could
be handled, as far as vacating and giving an easement, vacating and not maintaining,
getting the easement agreement signed across lot 2 and potential of Mr. Hauer
maintaining Sharon Drive.
Lebens/Vierling moved to continue the public hearing. Motion carried unanimously.
Vierling/Clay moved to reopen the public hearing. Motion carried unanimously.
Vierling/Clay moved to continue the public hearing to April 7, 1987• Motion
carried unanimously.
Clay/Vierling moved to direct staff to bring back the information brought forth
to the April 7, 1987 meeting. Motion carried unanimously.
PUBLIC HEARING - Appeal of Shiely Company Conditional Use Permit
Clay/Vielring moved to open the public hearing on an appeal of the Planning
Commission's approval of an amendment to a conditional use permit for the Shiely Co.
to allowexpandedhours of operation. Motion carried unanimously.
The Community Development Director said that Mr. Kenneth Watkins filed an appeal to
the granting of this amendment because of his concern for pumping of 2.3 billion
gallons of water upon the underground water table and the effect on his well.
Kenneth Watkins, said he has a concern over all the other homes that will be built out
there and at some time that subsurface water will drop and people may get dry wells
because of all the pumping that is going on out there.
Ken Lochesmo, Regional Hydrologist for DNR, said that basically the change in operation
to go to two shifts and have shorter season for draw down will be a benefit to the
long term ground water levels and will give the aquifer a chance to recharge over the
winter months. He said there are procedures set up in the water appropriation permit
rules to deal with conflicts in neighboring wells due to a high capacity user of water
facility. The changes that are proposed should benefittheground water levels.
Tony Newman, 2340 Horizon Circle, said he was shocked that any community would consider
dumping 2.8 billion gallons of water, and his concerns are how big is the aquifer and
how many communities are feeding on it and are we unnecessarily depleting a valuable
resource.
Dave Cza,ja, 5263 Eagle Creek Blvd. said that in order for the DNR to act on this matter
there would have to be damages proved. He said he would like to see them go to a 24 hour
process so that there would be a minimum impact on the aquifer. Ray Lappegaard, Shiely
Co., said that the water they are pumping is moving underground from the north to the
south and to the Minnesota River. He said they do not intend to operate at the expense
of homeowners who need water. Chairman Leroux asked if there was anyone from the
audience who wished to address this issue. There was no response.
City Council-
March 3, 1987
Page -4-
Clay/Lebens moved to close the public hearing. Motion carried unanimously.
Clay/Lebens moved that the Council uphold the decision of the Planning Commission
granting the amendment to the Conditional Use Permit for the J. L. Shiely Co, allowing
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 continous months for the property located at 6896 Hwy. 101. Motion
carried unanimously.
Clay/Vierling moved for a 5 minute recess. Motion carried unanimously.
Clay/Vierling moved to reconvene at 9:30 p.m. Motion carried unanimously.
Lebens/Vierling moved to approve the bills in the amount of $150,028.06.
Lebens/Vierling moved to amend the bills to include an additional $14,445.00 for
engineering computer aided drafting system. Motion carried unanimously.
Roll Call on main motion as amended: Ayes: Cncl. Leroux, Lebens, Vierling and Clay
Noes: None
Motion carried.
Clay/Vierling moved to adopt Ordinance No. 214 amending City Code to prohibit animal
drawn vehicles on public right-of-way north of 10th Avenue. Chairman Leroux said
he feels the ordinance is too encompassing and takes out the whole city. He said
that in the event that there is development in downtown Shakopee that would like to
move people around for a joy ride or actually transportation from point A to B, then
the ordinance would again have to be amended.
Lebens/Vierling moved to table and refer back to staff to redraft the boundaries
running the line extending easterly from the intersection of 10th Avenue and CR-17,
running easterly to the city limits, running northerly to Highway 101 in that area.
Motion carried unanimously.
Chairman Leroux said that a public hearing was held by the Planning Commission on
amending Zoning Ordinance by Adding a New Zoning District and Rezoning Certain Property
from B-1 to URD. Beverly Koehnen said that since she never received notice of the
last public hearing that this should be a public hearing to allow her time to state
her concerns. The Community Development Director said that merely because a person
does not receive the mailed notice and an attempt was made it does not invalidate the
public hearing. The opinion of the City Attorney was that the requirements for a
public hearing have been satisfied.
The Community Development Director said that the two things to consider are: Creating
a new district known as the Urban Redevelopment District (URD) as modified by the
Planning Commission rezoning certain properties from the current B-1 zone to the URD
zone. Mr. Bill Jonquist, owner of Fairest Made Foods wants to expand his business
to include food processing which is not a permitted use in the B-1 district. Cncl.
Vierling had a concern over the minimum lot width of 100 feet. The Community Development
Director said that it was appropriate and would not want it smaller. Cncl. Leroux had
a concern over multi-family residential, mixing in residential directly within
commercial and industrial. Chairman Leroux asked if there was anyone from the audience
who wished to address this issue. Bev Koehnen said her realtor is opposed to this
rezoning because it will almost make it impossible for her to sell her property.
Cncl. Wampach arrived at 9:45 p.m.
City Council
March 3, 1987
Page -5-
Discussion ensued on why people are not getting public notice information that is being
mailed to them. It was suggested that staff bring this back to the Council at the
next worksession.
Lebens/Vierling offered Ordinance No. 215, 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 1 and Section 11.99, and moved
its adoption.
Vierling/Wampach offered the folowing Amendments: 1) take out the multi-family
residential item Subd. 2.G, 2) add the language "as in B-1 zone" to retail and
wholesale businesses item Subd. 2.K and L, 3) combine items F and G, Subd. 4, so that
loading and unloading of trucks will not be allowed between 10:00 p.m. and 7:00 a.m.
and no operation of semi-trailer or truck refrigeration units will be allowed between
10:00 p.m, and 7:00 a.m. unless electrically generated, and 4) strike the word
"exclusively" in Sec. 2, Subd. 1. Motion carried unanimously.
Roll Call on Ordinance as amended: Ayes: Cncl. Leroux, Lebens, Vierling, Wampach
and-Clay
Noes-.. None
Motion carried.
Mr. Boarman addressed the Council on the Committee Report from City Hall Siting
Committee. He said they have not discussed the existing public works building.
There was a study done on expanding the current City Hall building but that was
unanimously rejected because of some apparent inefficiencies. The final recommendation
on the bonding amount was that sufficient money be included to ensure some $380,000
for land purchase which includes 3/4 of block 50. He said the committee has agreed
upon a Fall election for a referendum vote. The Committee would like to have another
phone survey done on April 28.
Cncl. Lebens asked to be excused at 10:22 p.m.
Clay/Vierling moved to receive and place on file the Report from the City Hall Building
Committee. Motion carried unanimously.
Vierling/Wampach moved to approve the 1987 Swimming Pool Plan of Action proposal
submitted by George Muenchow. Motion carried unanimously.
Discussion ensued on the proposed Golf Course/Residential Development/P.U.D. The
City Planner said 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. They wish to
pursue a combination golf course/residential development. The three issues involved
are (1) allowing mixed density residential in a P.U.D. (2) allowing a 20% variance
as opposed to current 107, regarding density and (3) one cul de sac proposed that
exceeds the limits. Mr. Laurent addressed the Council saying they are proposing an
18 hole golf course mixed with residential property. Cncl. Leroux had a concern over
the 2400 foot cul de sac proposed. Mr. Laurent said they are proposing an emergency
access that will come down from the cul de sac to the clubhouse. Mr. Laurent said
the ordinane should be changed to allow private water and sewer services and that issue
will be dealt with at the Planning Commission. He said they are required to write
an Environmental Assessment Worksheet. George Muenchow expressed hisconcernover
golfing over open water where there are fisherman and canoeists.
City Council-
March 3, 1987
Page -6-
Wampach/Vierling moved to receive and file the proposed Golf Course/Residential
Development/P.U.D. presented by Gary Laurent and Tom Haugen. Motion carried unanimously.
The Community Development Director said that in February Canterbury Downs received
approval to put in three dormitory units to house employees in the backstretch area
of racetrack facility. They are now proposing to move the units. The Fire Chief
said there is no problem as far as fire protection.
Vierling/Wampach moved to accept amendment as proposed by Canterbury Downs to make the
three dormitory units adjacent to buildings C-3, C-4 and D-4 as shown on plans submitted
to the City and dated February 26, 1987•
Vierling/Wampach moved to direct staff to look into the methods of amending a planned
unit development. Motion carried unanimously.
Lebens/Vierling moved to authorize the police department to fill the existing vacant
patrol sergeant position using the Civil Service promotional procedures. Approved
under consent business.
Lebens/Vierling moved to authorize the Police Department to purchase a Novell
Advanced Netware system at a cost of $4,410.00, using finance department capitol
equipment funding. Approved under consent business.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Lebens/Vierling moved to end the probationary period of Dennis Kraft as Community
Development Director. Approved under consent business.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Lebens/Vierling moved to extend the probationary period of Pennie Schlechter for
an additional three months. Approved under consent business.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Lebens/Vierling moved to direct the City Attorney to continue contacting Malkerson
Motors to attempt to negotiate a sale of parcel 27-004161-0 and to bill Malkerson's
for the taxes payable in 1987 plus storm drainage bills for that parcel plus $500.00
rent.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
t Lebens/Vierling moved to Offer 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, and moved its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Lebens/Vierling offered 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 moved
its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
Lebens/Vierling Offered 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 moved
for its adoption.
Roll Call: Ayes: Unanimous Noes: None Motion carried.
City Council
March 3, 1987
Page -7-
Vierling/Wampach moved to support the proposed Association of Metropolitan
Municipalities fiscal disparities amendments to be voted on at the March 12, 1987
meeting. Motion carried unanimously.
Clay/Vierling moved to adjourn to March 10, 1987, at 7:00 p.m. at Citizens State
Bank, Shakopee. Motion carried unanimously. Meeting adjourned at 11:15 p.m.
Judith S. Cox
City Clerk
Carol L. Schultz
Recording Secretary
AX. ._. i-.33T j.. 711"op _ - :!A777 , 13C7
Mayor
City Council
March 10, 1987
Page -2-
Tim Erkkila, reviewed the design characteristics of the superficial street
improvements. Angle parking and nodes will slow down traffic on the downtown
streets. There will be street trees put in that branch out so people can walk .
under them, ornamental benches along the streets that people can rest at.
The City Engineer addressed the audience on the project construction phasing.
The 1987 phase will construct streets east of Holmes (Lewis, Sommerville and 2nd
Avenue). The 1988 phase of the project will be to construct the streets on the
west side of the downtown redevelopment area, (Atwood, Fuller, Holmes and 2nd
Avenue). Another aspect of the project construction is 3rd Avenue and north south
streets between 3rd and 4th Avenue which would tie past improvements on 4th Avenue
in with the proposed improvements.
Barry Stock, Administrative Assistant, explained the project financing. The
total project cost for Phase 1 and 2 is $3,796,360 including 3rd Avenue.
Approximately 59% of the project is for street rehabilitation, 22% for streetscape
improvements and 19% for high and low level lighting system. The majority of
the project is being funded by tax increment financing, approximately 74%. _
Approximately 15'$ is being financed out of the city utility funds, and approximately
11% of the project will be assessed to the property owners within the project
area. 25% of the street rehabilitation costs are proposed to be assessed, street
scape assessments - there are none. The only thing that the property owners within
the project area will be assessed is the street rehabilitation improvements.
This does not include any utility service lines which are an additional cost.
The City Engineer reviewed the improved sewer main. The estimated cost to replace
the sewer main in the entire downtown redevelopment area is $198,000. Each
sewer service line will be looked at individually and replacement for all but cast
iron services may be mandatory. Estimated cost to replace sewer service lines
from middle of street to the building will be approximately $700.00.
The City Administrator explained the tax increment financing portion of the project.
Within the citywide redevelopment area there are six tax increment districts,
K-Mart district, elderly high rise district, downtown commercial rehab district,
racetrack district, family chow mein district which has been closed out, and -
the Shakopee Valley Motel district. There are two types of tax increment districts,
an 8 year economic development district and a 25 year redevelopment district.
Clay/Vierling moved'for a 5 minute recess. Motion carried unanimously.
Leroux/Vierling moved to reconvene at 9:G0 p.m. Motion carried unanimously.
The City Administrator said that when the tax increment districts were created,
we were basing the revenue coming out of those districts on the additional taxes
paid by those new businesses. He explained that the tax dollars generated could
be used anywhere within the project redevelopment area.
Cncl. Leroux said that the Attorney Generals opinion that deferment of assessments
on residential property is not legal under state statuate. He asked what staff
was proposing instead of the deferrment. Cncl. Lebens raised a concern over
what would be done with the backs of the buildings. She also raised a concern
over the lighting system proposed. Cncl. Wampach addressed the issue of the
withdrawal of the names from the petition for the proposed downtown redevelopment.
ya_e '<i-
He said it was the opinion of the City Attorney that the petition was still valid
and that he would like an attorney general's opinion.
Lebens/Wampach moved to get Attorney General's opinion on the legality of with-
drawing names from the petition that was circulated. Discussion ensued on what took
place during the circulation of the petition. Mayor Reinke said that when the
original petition was submitted there were suggestions made that maybe some people had
been misled and not informed. Motion was withdrawn because it was out of order
and would be considered after the hearing. '.,
Y,elonie iahleck, President of Sig s of :quality, said she is concerned
about the decay of the downtown area. She said she helped form the
Downtown Cone Alive Committee. the purpose of this committee was to inform
the residents of Shakopee about the downtown project to encourage them to
come to tonights meeting. ane said she received a phone call from Cool.
lebens saying that there was a group of concerned downtown businessmen who
were upset because of this activity and were going to boycott my business
as a result. She said she has never told any customer to support the
downtoun project. Cncl. _,ebens .slid she told her the truth of what she
had heard about her business being boycotted, and thought that she was
doing her acme good.
^Cncl. Clay asked if people who do not own property within this downtown
redevelopment area will experience an increase in taxes because of the tax increment
financing of this project. The City Administrator answered that the taxes will
not go up if you are not in the downtown redevelopment area.
Cool. Leroux asked who else besides the people of Shakopee are helping to
pay for this project because we_are using tax increment financing. The
City Administrator said that every city within the whole 7 county metro area
that is a winner under the speci=al law of fiscal disp:raties is helping
to pay for this project.
Dr. 11lzralt, said he has been here since 1950 and is proud of Shakopee and
strongly supports the downtown redevelopment because it is part of 'whakopee.
Marilyn Zein, said she thinks something should be done about the downtown
area. She asked if the money that was talked about tonight included any
refurbishment of the fronts of the building. The answer was no it does
not include it. 'Tie also asked clarification from the City 3ugineer if
the sewer service cost is from the middle of the street to front of
the building or the property line, The City Engineer answered that most
of the buildings are on the property line.
jack 3rambilla, owner of Qi parcels of property in the downtown area,
said he has put a . lot of money into his buildings. 'e said with the
new mini bypass approach proposed to the City they will take all .his buildings
and that it will mat the City of Shakopee a ton of money to move him.
..a:C1 'iy 1557
FJ a _`_
hor,a Strunk, 103 '1. Sri Avenue, asxed for a cizr::_ca._on on prcp_rty owners.
and h..-.e owners opinion that carne .from the amity -ttarney. The ,^,it;; attorney
stated t---t defer_=nts of assessments f-r th_s type cf work car. only be
deferredonhomesteads of senior citizens 65 years or older or a person
permane::tiy diszbleu. She asked if 3rd Ivenue was s M inv^lved in the
project. -'^.`.e ]ity -inV neer explained that the proposal was for the complete
constru-lion of 3rd ;.venue, and it has not been decided as of yet if it
will be psrt of this redevelopment project or rehabilitation project later.
zaren _ebens, 207 Atwood, asked about the breakdown of the ;,:3,000 cost s
far as linear foot vs. square footage, she said she believes that the
information should be given out in written form to the property owners.
She also asked why the figures that were given out on the Come Alive
brochurewere different than what the City gave in their letter to the
property owners. The City Administrator replied that standard policy
in the State of Minnesota has been that when the initial notice is sent
out the total project cost is sent out. She asked if 2nd Avenue will be
done a second time. ^flee Oity Dhgineer said they do not have the full
information yet as to if that particular-.part will be torn up again, or
if partial construction of the streets curbs and gutters will take place.
She also asked if the tax increment :honey projected to come in is already
in the bank. 'lhe ;ity Administrator answered that the bulk of it is
projected to come in with the annual tax payments of those five tax
increment project areas.
Olete Link, said that he thinks it would be better for the city of
Shakopee to get out of the tax increment financing business. 77e asked
who it really benefits, he believes it benefits only the big developers.
Onc'_. Leroux answered that they are trying to ha-p every small businessman
in the downtown area right now with tax increment and we are trying to get
everyone who uses downtown to help pay for it also.
fulls Schmit, 805 Spencer, asked if the renovation on 1st Street w_ll
be done even if the b;amass is not done. :Iayor Reinke said that nc`..hing
will he done oa let Ave:me until the bypass is completed in 1992. She
said she agrees that renovating some of the buildings oa let :Ave-.ue
will not be of any benefit nor increase the amount of business to the
downtown area. She said the whole building should be redone not just
the fronts of the building.
Leve 7ansen, employee at -;alley Sports, said he grew up in Shakopee.
3e feels that downtown is competitive with the shopping areas and he
feels the project is going in the right direction.
Betty Icu Proue,owner of Betty Lou's, feels she is competitive and her
business is great. She strongly supports the Downtown Redevelopment
project.
i
.arch '0, 1,P7
,a--e _5_
'dallace Banken, Shakopee "'alley Hotel, said he supports the Downtown,
Redevelopment Project and getting the downtown area beautified.
I-aycr 3einke asked if there was anyono else from the audience ,.he wished
to address this issue. _mere was no response.
Teroux/Clay moved to close the public hearing. ::oticr. parried with 'no--.
'ebens -and ':!ompach enpcsed.
Leroux "ierling moved for a 5 minute recess. !Cotion carried unanimously.
Clay/'eroux moved to reconvene at 10:40 p.m. Motion carried unanimously.
47a.mpach/labens moved That the City Attorney draw up necessary papers for an
Attorney General's opinion on the validity of the withdrawal of the names
from the petition regarding the downtown streetscape projeet.
Roll Gall: ayes: rMcl. Lebens and Wampach
Toes: .'incl. '.eroux, "ierling,. Clay and layor Reinke
N,oti= fails.
Incl. 'eroux said the issue of '—�id Avenue may or may not needing a complete
rehabilitation still has to be settled. He asked how those people were
going to be assessed in regards to front footage. Additionally the question
in regards to residential units being assessed only for the normal 36 foot
width street, 7 ton capacity he would also like to have a breakdown of
what we will be doing in regards to zonal versus front footage and how
that is being assessed different properties, some face north & south streets
and some face east & west. The City Adednistrator said he will havethatinfcn
tion by the next Council meeting. In regards to the frontage cost he
said they are using the shortest frontage and applying the front footage
cost.
Kevin Lyons, 5aakopee, said that the ',ity should sapply the businesses
with the proper water main and install the type of water systems that
the fire marshall will require in the new buildings.
Consensus was to have members from Council and 9PUC sit down with the
City -agineer to see what difference would be involved to allow the
larger pipe, and pat proper water service in to begin with. The City
administrator said that the wilding 'nspector should also be included
in the meeting.
The Mayor read a letter he received from Robin Wolf, 1149 Jefferson,
stating that she believes the downtown project is necessary for the
continued growth of the Community.
I
City Ccscii ..
"arch 1C, _057
-age - -
Toe _a.yor read a letter he received from -.3reii "_ars, ask!xiZ t:, ge o.. record
in support of t'e Do mtvwn rehabilitation p.oeram. also received a
maiigramn from JIDe Topic statin.- his approval and sup?ort of the doumto.r.
rehabilitation project.
Tire :_a, or read a letter he received from ,-- _ :.derso;, -ordan, -statin.- her
objection to the assessments for the d,,mtow^ rehabiiitat ion project.
�_. ,cr said ,I� t the -3xecntive Session will be delayed
-eting .. :�ch 17, 19°7.
lerouzj-_ _ :;`fared 3___..,..__-- ':o. 2598, 3 Resolution liequesting the
i:irnesoi-, . issioner c- -r_p�rtation to Crant a Two Foot Width `ariance
in the =apro✓ements of 1C£. -_.z::ue (nag 5060) from ^.S 37 to T.H. 300.
=d moved for its adoption. _.ion carried unanimously.
Wampach/T_erour. moved to adjcuxri to 'Tuesday, Pasch 17, 1997, at 7:00 p.m.
Notion cried unanimously. 'fleeting adjourned at 11:20 p.m.
Judith S. lox
City Clerz
Carol -. Schultz
Recording Secretary
Joint Meeting Between
Shakopee City Council
School Board Independent School District 720
Shakopee Community Services Board
Worksession Shakopee, Minnesota March 16, 1987
Fred Jurewicz, Chairman of the Community Services Board called
the joint worksession of the Shakopee City Council, School
District Board 720 and Shakopee Community Services Board into
session at 9:20 p.m. City Council Members present were Cncl.
Wampach, Clay, Vierling and Leroux. Absent was Cncl. Lebens.
School Board Members present were Joan Lynch, John Goihl, James
Sorensen, Janet Wendt, Sue VanHout, Jane Carlson and Jim
Stillman. Community Services Board Members present were Dean
Roper, Gary Hartmann, Janet Wendt, Fred Jurewicz and Paulette
Rislund, John Leroux and Eldon Reinke. Also present were John K.
Anderson, City Administrator; Gayden Carruth, Superintendent of
School District 720; Virgil Mears, Assistant Superintendent; Bob
Martin, Finance Director of 720; George Muenchow, Community
Services Director; Mark McQuillan, Program Supervisor, and State
Representative Becky Kelso. The newspaper was represented by
Editor Howard Voigt.
Fred Jurewicz outlined the purpose for the joint meeting siting
four issues in the Community Services Board' s letter of
invitation to the City Council and to the School Board. Fred
outlined some of the concerns shared by staff, board members and
citizens about the recent study done by School District No. 720
and discussion being conducted by the School Board regarding the
possible creation of a separate Community Education Board.
Superintendent Carruth reviewed the School District's handouts
and summarized the School Board's study and the choice of
organizational structures the Board was recommending based upon
their analysis of the study. The Superintendent then opened up
the discussion to field questions regarding the School District' s
recommendation for organization model 8A which would create a
separate Community Education Department responsible to the School
District.
After a good deal of questions and answers School Board members
reiterated their desire to maintain the historical strength of
the present Community Services Board with its main focus on
meeting community parks and recreation needs. There was a
discussion about whether certain types of programs would fall
under the category of parks and recreation programs or community
education programs. It was determined that staff would attempt
to sort this out and make a presentation to the three bodies.
There was a discussion of the historical funding mechanisms for
the Community Services Board and how the future activities of the
Community Services Board would be funded. Several questions were
asked about - whether or not the funding for Community Services
might become strained if there was heavy competition for funding
by a new community Education Department out of the same School
District levy. The School District indicated that they planned
to have the Community Education programs relatively self
supporting by 1990 and thus felt there would be no funding
problems.
The consensus was that staff should prepare a draft of an
.amendment to Joint Powers Agreement to be acted upon by each
agency. The meeting adjourned at 10:38 p.m.
John K. Anderson
Recording Secretary
Joint Meeting Between
Shakopee City Council
Scott County Board
School Board Independent School District No. 720
Worksession Shakopee, Minnesota March 16, 1987
Mayor Reinke called the joint worksession of the Shakopee City
Council, Scott County Board and School District Board 720 into
session at 7: 31 p.m. with Cncl. Wampach, Clay, Vierling and
Leroux present. Absent was Cncl. Lebens. School Board Members
present were Joan Lynch, John Goihl, James Sorensen, Janet Wendt,
Sue VanHout, Jane Carlson and Jim Stillman. Also present were
John K. Anderson, City Administrator; Gayden Carruth,
Superintendent of School District 720; Virgil Mears, Assistant
Superintendent; Bob Martin, Finance Director of 720; Joe Ries,
Scott County Administrator; Don Martin, Scott County Assessor;
Tom Hennen, Scott County Auditor, and State Representative Becky
Kelso. The newspaper was represented by Editor Howard Voigt.
Mayor Reinke opened the discussion for the first topic of the
joint meeting by outlining the purposes for the elected bodies
getting together to discuss 1987 tax statements. - After an
introduction the Mayor called on Bob Martin to present
information prepared by the School District and John Anderson to
present information prepared by the City.
After the presentations the Mayor lead a wide ranging discussion
about all aspects of the 1987 tax statements and the various
reasons for the increase from 1986 to 1987. Key points that were
made in the discussion included the fact that the dramatic change
between 1986 and 1987 taxes looked different when compared to
1985, and that the City' s method of handling the tax increment
district for the racetrack combined with the one year lag in the
figures used in computing the school aid formula aggravated the
increase for 1987.
The joint meeting on 1987 taxes adjourned at 9:10 p.m.
John K. Anderson
Recording Secretary
Xi R- 17, 1987
I:ayor 3einke called the meeting to order at 7:01 p,m, with '–�cl. 'gbens,
'Iierling, ..ampach, Clay and I, roux present, Al" present were john K. fnderson,
City .administrator, Doug dise, jity piaroer; Eannath A l.:eld, City ingineer;
Judith 3 Cox, Cit,' Clerk; Dennis :^=.r, �omm:::^._:; I)a•,=1c w:.eat ector;
and Julius A. ^eller, 'I, City ltton.ey�arrivad 7:25 p.m.
4ampach/Gerlin6 moved to recess for the =7 . .notion carried una^.imonsly.
_eroux/eierling moved to reconvene at 8:00 p.rn. :btion carried unanimously,
liaison reports were given by the councilmembers.
71ayor Reinke asked if there was anyone from the audience who wished to
address anything not on the agenda. There was no response.
Leroux/4ierling moved to approve the minutes of February 24, 1987.
Roll Call: Ayes: 7nani ous Imes: gone - lotion carried.
Leroux/Iierling moved to direct the appropriate city staff to meet with
representatives of the Cffice of the State Archaeologist regarding the
placement of a new Chamber Office/Convention Bureau office in Memorial
Park.
3oll Call: :yes: Unanimous Aces: ;:one Notion carried.
Leroux/Iierling moved to receive and place on file the letter from
Daniel , Barber expressing his interest in serving on the Shakopee
Industrial/Commercial Commission and to notify him that it is being
considered. Motion carried unanimously.
Leroux/l'ierling moved to receive and place on file the resolution from
the Shakopee Chamber of Commerce referencing the downtown streetscape
project.
Roll Call: Ayes: '?nenimous Hoes: _.-one :Coli on carried.
Leroux/wampach moved to receive and place on file the letter from James J
Psautkremer regarding support of specific_::innesota highway projects under
the federal demonstration, projects program. Yotion carried unanimously.
Leroux/^ierling moved to support the =! in their efforts to plan and h.;13
an open house for the City of Shakopeed .
Roll Calle Ayes: 'inaninous Roes: ;None Motion carried.
3:e City ?'_annex reviewed the preliminary plat for 'Hauer's 4th addition.
The area -roposed for subdivision consists of 40 acres. It is zoned R=2.
Mayor Re'nke asked if their was any discussion as far as any neighborhood
parks being put in this area, The City Planner responded that t:_e Park
and Recreation Director said that he felt there was no need for an additional
park in this area, ^here is a park about 6 bloc§s away. .'incl. 'ebens said
that she fells there should be a park in this development.. The developer
said that since there is a little park land on the edge of the development
he did not address the issue of a new park within the development. He said
he would 'like the drainage revene be changed into a park/drainage corridor
combination. Consensus of the Council was that there shcald be park land
dedicated.
Uty
rch 7, ""7
oe -,-
Cncl. Leroux asked about the possibility of putti:.e a park east of J.E.J.
park, rine developer said it could possibly be a small area with some play-
ground equipment.
Le= x/',ebens moved too emend the preliminary plat conditicnz-V4 in staffs memo
of March 13, 19;7 to read "_and dedication and payment in lieu of land
dedication for park psposes will be required. ::otic:: ca-rigid unanimously.
Leroux/Vierling moved to approve the preliminary plat of Hauers 4th Addition with
the conditions as outlined in the City Planners meno dated [arch 13, 1987, as aneded.(Doc. /1ccl32).
The City Planner asked the City Council address the issue of the realignment
of 13th Avenue. Cncl. ',ereux said he thought that it should stay south
of the drainageways in all cases. Mayor Reinke asked about the speed
limit being QO mph instead of 30mph. Discussion ensued on the design of
13th Avenue being a straight road or one with curves to help slow the
cars down. Cncl. Wamoach asked if some comparative cost estimates could
be done by the staff before a final decision is made.
Leroux/'rierling moved that this item be referred to Planning Commission for
their comments as it is laid out now. 'lotion carried unanimously.
:,eraox/Clay moved for a 10 minute recess. M-otion carried unanimously.
Clay/Wampach moved to reconvene at 9:15 p.m. Motion carried unanimously.
Discussion ensued on whether the council can mote on the withdrawal of
names from the Original Downtowa ^+easibility Study Petition. Cnel. Lebens
said that in order for further proceedings to take place there must be
a disposition of the second petition withdrawing names from the original.
petition.
Lebens/,dampach moved to accept the withdrawal letters. Discussion ensued
on whether or net another motion is necessary since the original petition
wes already voted on. It was suggested to not vote on this item since
it was already voted on -when the original was done.
:,eroux/Clay moved to table this item indefinately. Motion carried with
'4—pach and Lebens opposed.
The "ity -i ,-ineer..addressed the issues that were raised at the public
hearing on the docmtown streets-ape project. =.e said in regards to
credits to residential properties for extra width and 9-ton design that
a credit in this particular case may be appropriate based on the fact
that the extra width is for parking. Tne other issue raised was possible
credits to properties abatting Second-Avenue; F'uller to Atwood. iscussion
ensued on whether 3rd avenue should be included in the redevelopment district
or a rehabilitation street.
;._' o-unc-'I
:,arch l7, 1937
^age -3-
�eroux/i'ierling moved that the residentia_ properties be extended the
additional 7.93; credit equal to approximately '3284.00, for the oversizing
of the commercial street.
Leroux/71erling moved to amend the motion to include that the additional
crcd i-s be included in the i_B portion. Noti� i carried with Chel. Lebens
and wampach opposed.
main motion as a_caded was carried with Cncl. Lebens, and llampach opposed.
Ieroux/Clay moved that the abutting property owners be given a credit, for new
curb, gutter and sidewalk whatever the credit may be, as opposed to being spread
over the project. Motion carried unanimously.
.mcl. 14ampach agreed to sit on the downtown water systems study committee.
Leroux/7ierling moved to replace all sewer services within the Lhase area
with the exception of cast iron pipes. ':otion carried unanimously.
Leroux/'aerling mEfered Resolution No. 2702, a Resolution ordering an improve-
ment and the Preparation of Plans and Specifications for Downtown Streetscape
1937-2 Improvement Project Phase I, and moved its adoption.
Roll Call: '_yes: Cool. Leroux, 7ierling, Clay and iiayor Reinke
,does: Cncl. 'dampach and Lebens
Hotion carried.
Lerouxt-aerling moved that Shakopee --hgineering staff be anthorized to
gather the necessary, information and provide needed supervision to expedite
this ^ahpah Park Parking Lot 3xtension Project at an estimated cost of
"2,000.00.
Roll Call: Ayes: Unanimous :does: lone notion carried.
"Ierling/Lero•ux moved to direct staff to study liability and comprehensive
insurance, under the City's insurmce for the aerators owned by the Save
^'Dowd Takes ,Chain _.ssociation located on ^'Dowd Lake.
"otion carried unanimously. j
Lerous/'Tierling moved to appoint Sohn K. L.derson as acting City Clerk from
_:arch 24 through "-larch 31 , 1987.
Roll ^all: .;yes: Unanimous :does: "one ;Iotion carried.
i 'lire City 7ngineer reviewed the improvements proposed for the Prior Lake
Outlet Channel. He said they are proposing putting in check dams but he
does not feel comfortable approving that idea. It was the consensus that
they put together a complete plan and proposal to totally correct problems with
the.outlet channel or the City would seek arbitrarion as provided'in-7d*:oinr4bwers Agrae t.
_.ercuz/';!ampach moved to send this back to staff to have the Prior lake/
Spring -ake hztershed District notified to come up with a complete plan
within 60 days or the City would commence arbitration.
_ty Jon:+c
-4-
Leroux/'dierling moved that wecnot provide townships a rebate for the aerial truck
in the Fire Service Agreement. Motion carried unanimously.
eroux/-:'ierling moved to bill Jackson Township the hourly portion of contract as flat
fee based on previous 3 year moving average fire call history. Standby fee portion
of contract billed based on assessed value as per current contract. Motion carried
unanimously.
7.eroux/-%ierling moved status quo on Contract with Louisville Township.
'lotion carried unanimcusly.
:'ierling/.,eroux moved to approve a contract extension agreement for a
-Tot to "xceed" amount of ?115,440.00. with, CZr% inc. for the final
engineering plans of the Tipper Valley Basin Drainage Project 1997-5, cost
of such to be funded by the Storm Sewer Pand.
Roll Calle Ayes: Cncl. 'dampach, Olay, Leroux, Gerling and 'Savor Reinke
Noes: Cncl. Lebens
Motion carried.
bero-ux/Vierling moved to authorize proper City officials to execute Change
order No. "y to the Bolmes Street Basin laterals Project No, 1906-1,
decreasing the Contract amount by -125,042.64, %otion carried unanimously.
Leroux/�ldampach moved to authorize payment of Partial Lstimate Wo. 7 in
the amount of $30,104.32 to S. M. Hent.-es and Sons, Inc. with the holdback
of approximately "18,000.00. n
Zoll Call: Ayes: Cncl. Leroux, Wampach, ;lay, Vierling and Mayor Reinke
Noes: Cncl. Lebens
I'.otlon carried.
^,ierling/Clay moved to accept the quote of 314,995.00 from Quanno:, Data
Products for a local area network consisting of hardware, software,
installation, and support.
'Roll Call: Ayes: C ncl. Leroux, :lay, ^ierling and i ayor 'Reinke
'.oes: '�ncl. Lebens and Wampach
'-otion carried.
T_eroux/":'ierling mcved to accept the quote from det ^.lectronics, Inc. ir.
the amount of ; 6,190.00 for four traffic counters and related hardware
and software.
Roll Cal' : Ayes: Unanimous ;does: :'one Motion carried.
WampachtVierling moved to approve the bills in the amount of ' 177,629.56.
poll Pall: Ayes: Unanimous Noes: ISone Hotion carried.
The Pity =3ngin=er reviewed the 13th _]venue improvements from County Road 99
to 3asterly City Limits 66-9. -.e said they will instal! an outfall 'line
through the backstretch background prior to them putting on their surface
improvement, He said that the ?.onager of the campground said theare in
need of fill for the final touches of the campground and was wondering if
they could take t`.e fill from the roadway now and put the gravel back on
until the project gets going. Tae City ]nFineer said that he does not
recommend this. The Pity Administrator asked if the City had any property ,
11.0 -ity
-arch ', 1907
age -5
of which fill_ could be taken out of now and replaced at a later date, ^_he
Oity -In,ineer answered to his knowledge there was none.
Lero; /7ierling offered Resolution -,o. 2625, A Resolution Ordering an Improvement
ad Preparation of Plans and Specifications for 13th Avenue from County Road 89
to the East Corporate Limits of Shakopee, Project No. 1986-9 and moved for its
adoption{
Roll Fall: :yes: Cncl, 7ierling, ^lay, 7eroa, ::ampach and ':ayor 3ein'ce
?'.oes: -no!. Lebens
action carried.
:eroux/','ierling moved to approve the storm sewer outfall through L.P.C.
9ddition as a design element and cost responsibility of the 1986-9 13th
Avenue improvement Project. "lotion carried unanimously.
o,ampach/Jierling moved to approve :'hange Order No. 5 to the1986-1 Holmes
Street lateral Project in the amount of 39,036.28.
Roll "all: Ayes: Cool, "ierling, 'dampach, Leroux, Clay and Mayor Reinke,
!'oes: Cool. Lebens -
Motion carried.
Lero'sx/Bierling offered Resolution No. 22700, A ^esolution Accepting Work
on the X{ N'art Rough Grading & Utility Contract, RRA-79-01 , Project and
authorizing final payment to Barbarossa & Sons, Inc. P.C. 'Box 367, Osseo,
+;III 55369 in the amount of 359000.00 and moved its adoption.
Roll Call.- Ayes: TTnanimous Noes: *'.one Motion carried.
Ieroux/',ierling Offered Resolution ho. 2701, A ?esolution Accepting !?ork
on the 1986 Pavement Preservation Project and authorizing final payment
to Allied Blacktop Co., 10503 89th Avenue N., ',Iaple Grove, `2, 55369 in
the amount of ..".670.14, and moved its adoption.
3011 7011: Ayes: unanimous 'ioe a; ;'one Motion carried,
ero-ax/,ierling Cc-_red Resolution 7o, 27039 .; *;esolution "rdering the
=-ration of a =zo,.rt on an Tmprovement to 13th Avenue from County Road
15 '_ `:ounty Ro^d 7, Roadway and :,ater ?ystem Improvements and moved its
r _ ::dment to include 'riper Roa3 a: it lies within :avers 4th
plat,
'nanimcus NDes: :da,e Motion carried.
i,ero x/7ierling offered Resolution No. 2704, -+ Resolution Accepting aid on
,'alley Park Drive from T.-. 101 to the North 4pproximately 350 feet
Project No. 1936-11, and moved its adoption..
Roll Call: Ayes: ^ncl. "ierling, Leroux, 'rlampach and Payor Reinke
Roes: Cool. Clay and -Lebens
Potion carried.
. ',ity COwnci� iJ
nage —
7iei:ing/Lebens Offered Rezolut on N: . 270% 1 resolution :,coey ing 'dork
on the State 7enk Highway 101 intersection improvements ?`rcJect 1994-0
and moved its adoption,
Roil ^ail: :\yes: Unanimous Noes: 'one ?lotion czrried.
?ierlingj Leroux offered 3esoluticn 'No. "706, Resolution accepting ';iorl: on
the 19'14 -Curb and Gutter, Sidewalk, and Driveway pproaoh Replacement lrogram,
Project 3*c. 1984-2 and moved its adoption,
Roll Call: ryes: Unanimous Noes: .:one ,lotion carried,
;eroux/7ierling Offered Resolution ':o. 2699, A "Resolution Authorizing the
Granting of a license to ncorach on a Public Street Under Certain Oonditions,
and moved its adoption,
Holl C-11: Ayes: Unanimous 'Foes: !ane Motion carried.
Leroux Tierling moved to authorize the building department to complete the
work at the Police Department on one section of the curb and gutter, not
to exceed ;1,C00.00,
Roll Call: ayes: 7nanimous 1;oes: _;one Y:Otion carried.
Leroux'Tierling offered Resolution 3o. 2707, A Resolution Amending Resolution
No. 2635 Adopting the 1997 Budget and moved its adoption,
Roll ^all: Ayes: Unanimous ',Toes: fione :;otion carried.
Discussion ensued on mailing of delinquent utility bills on postcards.
Lebens/Leroux moved to change the wording on delinquent post cards mailed
out from the utility.ecompany. :otion carried unanimously.
-eroux/':'ierlin:g moved to have city officials "turn up the heat" on the
issue to indicate the importance of state road monies in the transportation
system. Motion carried unanimously.
Vierling/Tabens moved to have city officials let their congressman and
'enators 3o3chwitz and Durenberger know of their concern and to insist
gnat 0-t- authority to regulate billboards be upheld. ;lotion carried
unanimously.
-eroux,''amoach moved to adjourn to executive session. -.lotion carried
unanimously.
Leroux/l?zmpach moved to reconvene. ?lotion carried unanimously.
7ierling/Leroux moved to adjourn. Xotion carried unanimously. Meeting
adjourned at 11:15 p.m.
Iudith 3. Cox
Carl^lerk :
'.. Schultz
Recording Secretary
i
W-:
Week in review
Action Alert
A BILL CREATING A STATEWIDE PUBLIC EMPLOYEES INSURANCE PLAN
COULD HAVE SERIOUS IMPLICATIONS FOR CITIES
House File 936, Simoneau, and Senate File 835, Kroening, would
create a statewide public employees insurance plan administered by
the Department of Employee Relations (DOER) . The League of
Minnesota Cities OPPOSES unfunded mandates which this bill may well
be. In its current form, it would dramatically change the "rules
of the game" governing the way in which cities provide hospital,
medical, dental , and life insurance coverage for city employees.
Contact your legislators immediately to discuss these bills. Let
them know that cities want to maintain local control to negotiate
fringe benefits. This bill is a step toward statewide bargaining
and more state control over local employment matters.
The Pensions subcommittee of the House Government Operations
Committee has recommended passage of this bill. THE LEGISLATURE _
�ff SHOULD NOT TAKE ANY FURTHER ACTION ON THIS BILL UNTIL
REPRESENTATIVES OF LOCAL GOVERNMENTS AND OTHER PUBLIC EMPLOYERS
HAVE HAD AN OPPORTUNITY TO STUDY THIS BILL AND ITS IMPLICATIONS.
��ss11VVYY The following situations could occur if this bill were to become
law:
1. A city may have to provide several different insurance plans,
if different union representatives decide to opt for different
plans. This may be more confusing and difficult to
administer.
2. A city may be forced to provide significantly higher benefits
than those it currently provids. This has a great potential
for increased costs. (The bill does provide for collective
bargaining as to premium amounts. However, it is unclear what
would happen to rent contracts where the costs are split on
a percentage basis.)
3. Exclusive representatives (unions) , not city councils, would
select insurance providers. Unions would not need to engage
in competitive bidding, as city councils must.
4. Insurance benefits would be determined on a statewide basis
without regard to local needs, desires, or circumstances.
W-2
5. Employers (and employees) would lose flexibility in being able
with the quality of
to chane plans due to dissatisfaction4 ,Y,
9
services or extent of coverage. Under the bill, participation
would be for three to four years.
The bills, in part, make the following provisions:
1. That an organized bargaining unit' s exclusive representative
determines whether the employees the unit represents shall
participate in the plan.
' 2. Employees not represented by an exclusive representative may
become members of the plan upon determination of the employer .
3. Coverage under the plan would include hospital, medical ,
dental, and life insurance for employees and medical benefits
for dependents. HMO options shall be provided and different
deductible plans may be offered. Participation in optional
coverages may be provided by collective bargaining agreements
for long term disability (LTD) and dependent dental insurance
offered by the plan. Employees not represented by an
exclusive representative may, upon determination of employer,
be offered the optional coverages.
4. DOER would determine premiums.
5. The bill makes provisions for an employee laid off or on
unrequested leave, for a retired employee (to include spouse
of deceased retired employee) , and for an employee on strike.
STATE AUDITOR SUPPORT REMOVAL OF LEVY IMITS AND SUGG TS THAT
CITI S ARE ACCOUNTABLE
On Mon y, March 23, in t stimony before t e Property Tax ivision
of the use Tax Committee State Auditor A ne Carlson del vered
his own r ort on the "Stat of the Cities." The speech
represente the auditor's vi of the financi status of Mi esota
cities base on 1985 data, th most recent suss able.
C zlson said t t cities are ove extended in debts, a situation h
be ieves began w en the state imp ed levy limits �Co cities. The
lim is led, he to the committee, o cities borrows g more heavily
in o der to raise t e revenue necess ry to fund large projects;
levy imits prevente them from makin the large incre ses in
levies that they wool have needed to and large projec s.
Because evy limits can ause increased bt for cities, Carlson
said he s pports the elim ation of levy limits, and added that he
regards ci ies as accounts a for their ape ding. "City councils
are very ca eful ," he said. "Neither the at to nor cities are
prone to was e. Local system can account fo \themselves."
Carlson seeme to indicate tha removal of levy limits could even
g�
IIII RECEIVED }
IIII IIII htAR 24
�► League of minnesota citie' SmOFSHAKOPEffl
March 23, 1987
TO: Mayors , Managers, Clerks, and Finance ectorrs
FROM: Donald A. Slater, Executive Direct I fI R
Laurie Fiori Hacking, Legislative Represe ative
RE: THREAT OF LGA CUTS & SALES TAX ON CITY PURCHASES
The end of the 1987 legislative session is fast approaching.
Legislators will be making key decisions very soon on local government
aid (LGA) funding, tax reform, and other financial issues important to
cities. THIS IS AN EXTREMELY CRITICAL TIME FOR YOU TO CONTACT YOUR
LEGISLATORS about two issues which will have a profound impact on your
city's budget and revenues:
LOCAL GOVERNMENT AID
There is increasing talk at the Legislature about a 10% to 20
ACROSS-THE-BOARD CUT IN LGA. Although no such propos has b en
formally introduced in bill form, an LGA out could surface very
quickly at the end of the session. This is not a suggestion. The
3 Governor has already proposed a $5 million cut 11 .5% reduction) in
current LGA payments for this year. This cut reduce the July
and December LGA payments to your city. For 1988, the Governor has
proposed total elimination of LGA. These monies would be diverted to
a new Education Credit used soley for school district property tax
relief.
The threat of a major cutback in LGA is real. The state's budget
situation is grim; we are facing at least an $800 million funding
shortfall . Although the March 19th revenue forecast projects an
additional $77 million in new revenue, the Governor has already
obligated that new money to higher education, the renter's credit, and
the farm loan interest buy-down program.
;vw IT IS ESSENTIAL THAT YOU CONTACT YOUR STATE LEGISLATORS NOW, BEFORE
�r1y $ THE DECISION ON LGA IS MADE. Tell your legislators specificall what
a 10 to 2 out in LGA will mean o your city:
+ how muchwill your city mill rate have to increase;
• how much will the property tax bill for the average
homeowner in your city go up; and
• what city services would have to be cut.
1 B3 university avenue east, st. maul, minnesota 551 01 (812) 227-5600
Mayors, Manager, Clerks and Finance Directors
Page 2
In addition to contacting your legislators, call your local newspaper
with-;information about how the Legislature may consider a large cut in
LGA-.,ind-"that such a cut will mean higher local property taxes. Your
local newspaper will be interested in this information. If you have
..'difficulty making these estimates, call Laurie Fiori Hacking or Sarah
Hackett At the League (612-227-5600) and they will assist you.
SALES TAX ON CITY PURCHASES
The Governor's tax bill (H.F. 525 / S.F. 547) recommends that the 6%
sales tax and 6% motor vehicle excise tax be levied on purchases made
by all local governments, i uding cities . The Department of Revenue
Yhas estimated that this 6 tax would increase city costs by
approximately $15 million per year. According to a recent survey of
cities conducted by the League, this sales tax proposal is likely
to cost cities $30 million per year -- twice as much as the Department
of Revenue has estimated.
The League has testified against this proposal , citing the increased
local property taxes is likely to cause. But your legislators need to
hear from you about how much the sales tax 'Fool
ro osal will cost your
city. Remember, the WA tax would be applied to such lar a urchases
Mud�4 as squad cars ire trucks snow plows office supplies, utility
bills, road building and construction materials.
HOW THE LEGISLATURE RESOLVES THE STATE'S LARGE BUDGET SHORTFALL COULD
HAVE PROFOUND AND LONG-LASTING EFFECTS ON YOUR CITY. THE FINANCIAL
STAKES ARE HIGH. THE LEAGUE WILL CONTINUE TO CARRY THIS MESSAGE TO
THE LEGISLATURE, BUT LEGISLATORS MUST HEAR PERSONALLY FROM THEIR OWN
LOCAL CITY OFFICIALS TO BE CONVINCED THAT LGA FUNDING CUTS AS WELL AS
THE SALES TAX PROPOSAL WILL INCREASE PROPERTY TAX BURDENS FOR THEIR
LOCAL CONSTITUENTS.
TABLE I
Effect of Proposed State Tax Cuts/Increases
City Tax on
LGA Mill House with
Cut Increase ENV- $83,900
1. 10% _ $ 51,712 = .65 mill $11.04
2. 20% = 103,425 1.31 mill 22.26
3. 1.5% = 7,757 .1 mill 1.70
4. The sales tax would cost $40,000 (very rough estimated) for
1987 Budget for General and Special Revenue Funds
CITY OF SHAKOPEE •
INCORPORATED 1870
129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 553791378 (612) «5-3650
March 27, 1987
r
Dear Appointed or Elected Official :
Several weeks ago you were contacted by the Shakopee
Industrial Commercial Commission (ICC) . At that time we informed
you of our open house that is being scheduled for April 18, 1987.
This letter is to serve as an update of the planning activities
that are currently underway for this event.
We are please to announce that the open house will be held
in conjunction with Canterbury Downs Annual Exhibition Day. The
location for the ICC Open House, will be on the main floor of the
racetrack grandstand. In conjunction with the open house, the
ICC and Racetrack will be sponsoring pony rides, hayrides and an
Easter Egg Hunt. Canterbury Downs will also be holding four
exhibition horse races for the publics viewing pleasure. Those
in attendance will be given play money to bet on these races.
As mentioned earlier, the ICC portion of the open house will
be held on the grandstand main floor area. In an earlier
correspondence, you were informed that the event would be held
from 11 :00 AM to 2:00 PM. Please note that the times of the
event have been changed to 1 :00 PM to 4 :00 PM. Each board will
be provided with a table and two chairs for their
representatives. It is our hope that this event will encourage
residents to ask questions about specific issues that have been
bothering them. This event will be your opportunity to give
people accurate answers to questions that they may have been
misinformed on in the past.
I will be :n contact with you next week to confirm the
attendance of you or a representative from your committee at the
open house. If you personally can not attend, I would encourage
you to contact another member of your board so that your
committee can be represented at the open house. During the first
week in April , we will be sending you another letter explaining
in greater detail the activities planned for the open house and
the exact location of your committee ' s booth. If you have any
questions in the mean time, please feel free to call me at 445-
3650 .
Sincerely,
C1
Barry A. Stock
Administrative Assistant
BAS:trw
The Heart of Progress Valley
AN EQUAL OPPoPNNIIY EMPLOYER
jA
SHAKOPEE AREA ��yy
n4m� e1(x """1w9
P.O. BOX NO. 203 Ll SHAKOPEE, MINNESOTA 55379 L] (612)4451680
April 3, 1987
Mayor Reinke/City Council
City Hall
129 East let Ave.
Shakopee, Mn. 55379
Dear Mayor Reinke and Council Members:
The Board of Directors of the Shakopee Area Chamber of Commerce held a
special meeting on April 1st to consider action regarding the proposed
Chamber/Tourism Center.
A copy of the minutes of the April 1st meeting is enclosed which include
a motion requesting City Council's approval of a ground lease for $1.00
per year for 50 years and a motion requesting City Council approval of an
amended ,loin Power Agreement between the City of Shakopee and the Shakopee
Chamber of Commerce whereby the Chamber of Commerce would own the
Chamber/Tourism Center.
We respectfully request your action on the above at your Council meeting
on Tuesday, April 7, 1987.
Sincerely,
�--
-
President J-
SPECIAL BOARD MEETING SHAKOPEE CHAMBER OF COMMERCE
April 1, 1987
Members present: Stan Nymeyer, Tim Keane, Noreen Rachor, Bill Wermerskirchen, Ruben
Ruehle, Mike Broekemeier, John Anderson, George Muenchow, Randy Laurent, Wally Bakken,
Lee Hennen, Virgil Mears, Brian Norris, Dick Mertz, Lucy Rein, Linnea Stromberg-Wise and
Marilyn Hagerman.
Members absent: Karen Martin, Doc Muralt and Bob Blenkush.
Tim Keane informed the Board that the Senate had just voted on the Hwy. Transportation bill
and there were 34 cotes sustaining the President's � eto which gave the President the
number needed to sustain the bill.
Tim KeandLee Hennen moved that a telegram be sent to Rudy Boschwitz in Washington expressing
the Board's disappointment in the way he voted and that the Board believes there is a
lack of concern for his constituents. Motion carried unanimously. Tim Keanewill send
the telegram.
The Building Committee requested that the Board consider the following actions regarding
the proposed Chamber/Convention Visitors Bureau Center.
1. Request City Council approval of ground lease for $1.00 per year for 50 years.
2. Request City Council approval of an amended Joint Power Agreement between the City of
Shakopee and the Shakopee Chamber of Commerce whereby the Chamber of Commerce would own
the Chamber/Tourism Center.
3. Authorize execution of leases for tourism with the Convention and Visitors Bureau
leasing 607 or 1,087 square feet at $8.00 per square foot per year and the Chamber
leasing 407, or 725 square feet at $8.00 per square foot per year.
4. Authorize preparation of plans and specifications as amended this day.
5. Request the facility development committee to report back to the Chamber Board by
April 22, 1987.
The Building Committee would like to break ground for the new building between April 15-20.
On April 7 the site will be tested for Indian artifacts and then we should ha'-e clearance
from the Archeological Society. Additional parking will be made aYailable at the site.
The exterior of the building will be cedar and the roof is to ha•.e the effect of cedar
shakes. If necessary in the future the building could be expanded or moved. A represent-
ati, a from Triphone, Inc. will attend the CVB meeting next Tuesday to explain a new type
of telephone system which would show which motels have vacancies.
Several changes in the building plans were suggested such as a flexible dividing wall
between the lobby and meeting room and the kitchenette will be moved to the west side of
the mechanical room so the office area could be secured during evening meetings.
Tim Keane said they are now in the process of doing general quantitiy take-offs and they
need to know what element of outside support we can get as the financing most be in place
before ground can be broken. Sub-committees must be set up to ask for cash contributions
and procure materials.
Lease terms were discussed. John Anderson is working with Rod Kress to draw up the
documents. The Chamber will have a full time Secretary who will also work for the CVB.
The CVB would contribute one-fourth of the Secretary's salary which would be a trade off
toward leasing space. Should there be a savings on the leasing arrangement it would be
shared by the Chamber and the GVB.
page 2
Wally Bakken/Virgil Mears moved to proceed with the building of a Chamber Office/Tourism
Center in Memorial Park. Motion carried unanimously.
Bill Wermerskirchen/Marilyn Hagerman moved to request City Council approval of a ground
lease for $1.00 per year for 50 years. Motion carried unanimously.
John Anderson/Brian Norris moved to request approval of an amended Joint power Agreement
between the City of Shakopee and the Chamber of Commerce whereby the Chamber of Commerce
would own the Chamber/Tourism Center. Motion carried unanimously.
Virgil Mears/Tim Keane moved to authorize the execution of leases for tourism with the
Con,ention and Visitors Bureau leasing 60% or 1,087 square feet at $8.00 per square foot
per year and the Chamber leasing 40'4 or 725 square feet at $8.00 per square foot per year.
Virgil Mears/John Anderson moved to amend the motion not to exceed $8.00 per square foot.
Motion on amended motion carried unanimously.
Randy Laurent/Marilyn Hagerman moved to authorize preparation of plans and specifications
as amended. Motion carried unanimously.
Ed Maki, Scottland Co. has been working on the design and LeRoy Houser, City Building
inspector will act as construction manager.
The plans will be included in the April newsletter and presented at the general membersip
meeting of the Chamber of Commerce on April 15, 1987.
Noreen Rachor, Virgil Mears, Brian Norris and Randy Laurent will serve on the cash
contribbtions committee. Tim will sermon on material procurement. Mike Broekemeier
is in charge of the archeological sur•:ey.
The Board will hold their regular monthly meeting April 8 at noon at the Shakopee House.
dbs
Action
from the 1111111,17==0
Alert League of Minnesota Cities %
183 University Ave. E., St. Paul, MN 55101-2526IVF (612) 227-5600
6 1987
April 3, 1961
ITY 4f $"ANOPEe
TO: City Clerks
-- FBOA. Helen- Scnendel, Associate Director --- --
BE: Election Bili Would Supersede All City Charters
on April 2, Senator Luther introduced legislation that would
establish a "local government election day" for elections of all
county, city, and school district officers, county and municipal
judges, and officers of ail other political subdivisions, except
townships.
The bill would set the first Tuesday after the first Monday in
November in each odd-numbered year as the local government election
day. The regular election of all elective officers of every county,
city and school district, or any other political subdivision would
take place on the established local government election day.
The proposed legislation would supersede all charter provisions and
all general and special laws to the extent inconsistent with the
intent of the legislation.
The first local government day would be November 6, 1993. Terms would
be extended where necessary to comply with the provisions of the
legislation except home rule charter cities may extend or reduce
terms by ordinance if they adopt it before Dec. 1, 1992. However,
the bill requires that terms be for an even number of years and
staggered. Charter cities could extend terms of two years to terms
of four years.
Under the bill, local governments would hold primary elections six
weeks before the election day. The bill would require all cities to
have primary elections if more than two people file for an office or
if more than twice the number of people to be elected file for an
office. Cities of 2,300 population or less would not need to have
primaries, but could if they pass an ordinance or resolution at least
16 weeks before the election day. Such a measure would be effective
for all following elections unless the city revoked it.
Filings for ail offices to be filled on local government election day
would begin 14 weeks before and conclude 12 weeks before the primary
or begin eight weeks before and conclude six weeks before the
election day if there is no primary.
The bill would require school district elections to be held in conjunction
with city and county elections. Itwouldalso require the city to
consult with the boards of each school district and each municipaiity
which includes territory of school districts wholly or partially in
the city before taking final action on designating precinct
boundaries. `
All terms of office for those offices elected at the local government
election day would begin on the first Monday in January following
their election.
Even though the uniform election day would begin in 1993, many of the
sections of the bili would take effect August 1 , 1987.
THE SENATE ELECTIONS AND ETHICS COH&TTEE WILL HEAR THIS BILL ON
WED. , APRIL 8 AT 11 :30 A.M. IN ROOM 107 OF THE CAPITOL. WE ENCOURAGE
CITY OFFICIALS TO BE PRESENT. IF YOU CAN'T ATTEND, PLEASE CALL YOUR
SENATOR NOW AND EXPRESS YOUR CONCERN AND OPPOSITION TO S.F. 1341 .
LEAGUE POLICY SEJ MANDATORY PRIMARIES, SUPIERCEDING EL —
CHhARTTERS
j.
ND N CO
TING DDITIOMAL STS FUR THE UU DUCT Ue
i N
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer -4 -
SUBJECT: Killarney Hills Street Vacation
DATE: March 30, 1987
INTRODUCTION:
At their March 3, 1987 meeting, Council continued until April 7 ,
1987 the public hearing of the proposed vacation of right-of-way
in Killarney Hills Addition.
BACKGROUND:
At the March 3, 1987 public hearing, Council directed staff to
review the following alternatives.
1 . Vacation of the street right-of-way thereby providing
the only access to the Jim Hauer property from C.R. 16 .
This access would be up a relatively steep hill but is
apparently used by Mr. Hauer when the right-of-way in
Killarney Hills is impassable.
2. Vacation of the street right-of-way and granting an
easement to Hauer over the current right-of-way. This
action would essentially eliminate the status of the
right-of-way as a public roadway. A utility easement
would be retained by the City.
3
that notvacate
aCity would gnoto provide with
maintenanceunderstanding
unimproved roadway .
4. Do not vacate the right-of-way and contract with Hauers
for maintenance of the unimproved roadway.
RECOMMENDATION:
Staff recommends alternative 2 for the following reasons.
Vacating the right-of-way would eliminate the City ' s
liability for roadway maintenance and public safety.
By granting Mr. Hauer an easement, there should not be any
loss of access damages . When Mn/DOT builds the Shakopee
Bypass, damages to the Hauer property as a result of loss of
access can be handled by Mn/DOT.
Mr. Hauer can upgrade the easement area to provide the level
of service that he deems appropriate.
Killarney Hills
March 30, 1987
Page 2
REQUESTED ACTION:
1 . 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 i , Lots 6 and 7 of
Block 4, Lot 1 of Block 5 and Outlot E of Killarney Hills
Addition.
2. Move to direct staff to prepare an easement to Mr. & Mrs.'
James Hauer for access purposes over Sharon Parkway located
adjacent to Lots 1 through 6, of Block 1 , Lots 6 & 7 of
Block 4, and Lot 1 , Block 5 of Killarney Hills Addition.
KA/pmp
EASEMENT
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/Da,
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Amendments to City Code Regarding Planned Unit
Developments
DATE: April 3 , 1987
Introduction: ISI
At their March 26, 1987 meeting the Planning Commission
passed a motion recommending City Code Section 11.40; Subd. 2C. ,
Subd. 3 , Subd. 4F and Subd. 7 be amended 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, to permit mixed uses
subject to City Council approval, and to allow administrative
waivers regarding P.U.D. 's.
Background-
The City Planning Commission and staff in reviewing the
current City Code regulating Planned Unit Developments (PUD)
raised concerns regarding the locating of PUD' s in unsewered
areas. Concerns were also raised regarding density restrictions
and the mixing of land uses within a PUD. These concerns were
expressed as follows.
1. Section 11.40, Subd. 2C of the City Code allows Planned Unit
Developments to be served by private water service, but not
private sewer services. This provision effectively
prohibits the locating of PUD' s in unsewered areas
(primarily R-1 and Shoreland Zones) . The intent of the PUD
section of the code is to allow developers more flexibility
in creating projects that more effectively utilize the site
and provide amenities not otherwise possible. By providing
this tool to developers in unsewered areas sewage treatment
systems could be located on the best soils for treatment
purposes.
2. The current code allows a 10% increase in density for PUD' s.
The Planning Commission felt this may be too restrictive and
not allow enough flexibility. A review of ordinances from
other communities revealed that most communities place no
density restrictions on PUD's. One community, Coon Rapids,
allows a 25% increase in density.
3. The current code allows only uses which are permitted or
conditional uses within the district. One of the purposes
of a PUD is to allow the developer the flexibility to create
a self contained community providing a variety of living,
working and service environments within the individual site.
In reviewing PUD ordinances from nine other communities all
nine allowed a mixture of land uses within a PUD.
The fourth issue addressed by the Planning Commission was
the provision regarding an administrative waiver of requirements
regarding small changes affecting PUD' s. The City Council
directed City Staff to develop guidelines for the implementation
of this section of the code. The staff in drafting guidelines
came to the conclusion that the proper method of addressing the
issue was to amend the code to clearly specify when an
administrative waiver would be allowed. Because the Planning
Commission was studying changes to the PUD ordinance and had a
scheduled public hearing, this item was added to their agenda.
Recommended Changes:
The Planning Commission recommends the following amendments
be made to City Code Section 11.40:
1. UTILITIES
The Planning Commission recommends that the following
language be deleted from Code Section 11.40, Subd. 2C:
Subd. 2C Utilities The project site shall be served by city
water and sewer services. Private water service may be
allowed subject to City Council approval.
The Planning Commission recommends that the following
language be added to City Code Section 11.40, Subd. 2C:
Subd.2C Utilities The project site shall be sewered by City
water and sewer services except in the R-1 and Shoreland
Zones. Within the R-1 and Shoreland Zones, private water
and sewer services may be allowed by the City Council based
on a recommendation by the Planning Commission subject to
the following conditions:
1. Maximum deviation of land density shall not exceed 20%
where septic systems will be used.
2. Each lot shall have two septic sites identified.
3 , require easements of
adjoining open space for sewage treatment to supply a
least one acre of site area for each residence. Where
soil conditions such as clay exist, the applicant ma
be required to use alternative systems such as mound',
double tanking, etc.
2. DENSITY wing W�
The Planning Commission recommends the fo wing �(�l,`^Iy"yfiryt,'7Y
language be deleted from City Code Section 11.40, Subd. 4F:
Subd. 4F: Density Residential density shall not bs
increased by more than 10%.
The Planning Commission recommends the following
language be added to City Code Section 11.40, Subd. 4F:
Subd. 4F: Density Residential density shall not be
increased by more than 258.
3 . MIXED USES
The Planning Commission recommends the following
language be deleted from City Code Section 11.40, Subd. 3:
Subd. 3: Uses Permitted The use of P.U.D. conveys no right
to the use of land other than as permitted by the district
within which the PUD is applied. Uses permitted shall be
those specified for each zoning district. For uses
requiring a Conditional Use Permit and subject to the
eligibility requirements, the PUD procedure may be used in
lieu of the conditional use procedure.
The Planning Commission recommends the following
language be added to City Code Section 11.40, Subd 3:
Subd. 3: Uses Permitted Uses permitted in a P.U.D. may i
consist of one or a mixture of land uses clearly designated
by type on the approved final development plan. Mixed uses
shall be permitted as specified within the following zones.
In no case shall the following restrictions be exceeded.
The City reserves the right to place more restrictive
conditions on the mixture of uses within a P.U.D.
to ensure the following:
1. The public health, safety and welfare of the community.
2. The intent of the ordinance and the zone in which the li
P.U.D. is located.
3. The prevention of conflicting land uses occurring
either within the P.U.D. or with the surrounding land
uses.
A. Rural Residential (R-1)
1. Conditional and permitted uses within the R-1 District.
2. Conditional and permitted uses within the R-2 District.
3. Within a residential P.U.D. at least 208 of the area
shall be usable open space. Such space shall not
include land devoted to streets, alleys, parking and
private yards.
B. Urban Residential (R-2)
1. Conditional and permitted uses within the R-2 District.
2. Conditional and permitted uses within the R-3 District.
3. within a residential P.U.D. at least 208 of the area
shall be usable open space, Such space shall not
include land devoted to streets, alleys, parking and
private yards.
C. Medium Density Residential (R-3)
1. Conditional and permitted uses within the R-3 District.
2. Conditional and permitted uses within the R-4 District.
3 . within a residential P.U.D. at least 208 of the area
shall be usable open space. Such space shall not
include land devoted to streets, alleys, parking and
private yards.
D. Multi-Family Residential (R-4)
1. Conditional and permitted uses in the R-4 District.
2. Commercial uses permitted in the B-1 District which
serves the residential development not to exceed 158 of
the total project area.
3. within a residential P.U.D. at least 208 of the area
shall be usable open space. Such space shall not
include land devoted to streets, alleys, parking and
private yards.
E. Highway Business (B-1)
1. Conditional and permitted uses in the B-1 District.
2. Conditional and permitted uses allowed in the R-4
District not to exceed 258 of the total land and floor
space area.
F. Community Business (B-2)
1. Conditional and permitted uses in the B-2 District.
2. Conditional and permitted uses allowed in the R-4
District not to exceed 258 of the total land and floor
space area.
/ \6 G-
G. Central Business (B-3)
1. Conditional and permitted uses in the B-3 District.
H. Light Industry (I-1)
1. Conditional and permitted uses in the I-1 District.
I. Heavy Industry (I-2)
1. Conditional and permitted uses in the I-2 District.
J. Shoreland (S)
1. Conditional and permitted uses in the S District.
2. Conditional and permitted uses in the R-1 and R-2
Districts not to exceed 258 of the land and floor space
area.
3. Within the Shoreland District at least 208 of the area
shall be usable open space. Such space shall not
include land devoted to streets, alleys, parking and
private yards.
K. Agriculture Preservation (Ag)
1. Conditional and permitted uses in the Ag District.
4. ADMINISTRATIVE WAIVER
The Planning Commission recommends the following
language be deleted from City Code Section 11.40, Subd. 7B:
"The Administrator shall have the discretion to waive
project and area information and such other information as
may be deemed in appropriate for remodeling, building
expansion and similar projects."
The Planning Commission recommends that the following
language be added to City Code Section 11.40, Subd. 7:
C. Administrative Waiver The Administrator shall have the
discretion to waive the Planned Unit Development (PUD)
approval process or information required for either adoption
of a PUD or amendment of an approved PUD when the following
conditions are met:
1. Properties located within a mandatory P.U.D. area.
Properties which have not previously gone through the
P.U.D. platting process will not be required to submit
a P.U.D. when it functions as an existing Agricultural
/o G-
operation or when the following conditions are met:
a) The changes in building location or size do not
affect more than 10% of the site area and/or floor
space.
b) The changes in landscaping, parking & drive
arrangement, or site improvements do not affect
more than 10% of the site area.
c) The changes comply with all requirements placed on
the zone in which the property is located.
2. Properties for which a P.U.D. has been approved.
a) The changes in building location or size do not
affect more than 10% of the site area and/or floor
space, not to exceed 10,000 sq. ft.
b) The changes in landscaping, parking & drive
arrangement, or site improvements do not affect
more than 10% of the site area, not to exceed
10,000 sq. ft.
c) The changes comply with all requirements of the
zoning code and conditions attached to the
approval of the PUD.
d) The changes do not alter the overall design, uses,
or intent of the project.
Staff Recommendation:
The staff recommends approval of the amendments to City Code
Section 11.40 as outlined above with the exception of Code
Section 11.40, Subd. 2C, Condition 3 . The staff feels that this
condition requiring complex easements of open space for sewage
treatment purposes, would be difficult to administer and would
require an inordinate amount of work on the developers part.
The staff recommends condition 3 be changed to read:
3. Easements for open space areas shall be provided to lot
owners when needed for sewage treatment purposes.
The staff also recommends the following condition #4 be added to
this provision:
4. The PUD Association (or City) shall require annual
inspection of all septic systems and corrective action when
necessary.
Therefore, staff recommends approval of the proposed amendments
with the above changes.
If the City Council approves the recommended amendment to
Section 11.40, Subd. 7 regarding administrative waivers, the
staff would like a second motion authorizing staff to implement
the guidelines immediately regarding two projects which have been
held up pending action on this item. These two items include the
addition of a porch at Canterbury Inn (letter attached) and an
addition to a garage on the Gene Hauer Farm.
Action Required:
1. Motion adopting amendments to City Code Section 11.40 and
directing publication of the amended ordinance.
2. Motion authorizing staff to implement the guidelines for
administrative waivers immediately.
16
CANTERBURY/NN
The Morel o[Camenbury Park
gpq4sb, i`F�
ryOA-
April2, 1987
Mr. John Anderson
City Administrator
City of Shakopee
129 E. First Avenue
Shakopee, MN 55379
Dear John:
Upon the Shakopee City Council 's concurrence with the
Shakopee Planning Commission's recommendations, we request
that City staff be authorized to make an administrative
ruling based upon the guidelines for the new ordinance
approving our request prior to the ordinance being
officially published.
Very truly yrs,
Ockwig
General Manager
C.C. Bruce Malkerson
1244 Canterbury Road Shakopee, Minnesota 55379 612-445-3644
k"
MEMO TO: John R. Anderson, City Administrator C
FROM: Barry A. Stock, Administrative Assistant
RE: New Frontier Contract Extension
DATE: April 3, 1987
Introduction
The service contract agreement with New Frontier Productions for
the operation of the Shakopee Public Access Studio expires on
April 15, 1987. On April 2, 1987 the Shakopee Cable Commission
moved to recommend to City Council and the Access Corporation
that the contract agreement with New Frontier Productions, Inc.
be extended for an additional year with several minor
modifications.
Background
On March 25, 1986 the Shakopee Cable Communications Advisory
Commission recommended to City council that the proposal for
operating the public access studio submitted by New Frontier
Productions be accepted. At this time, the Cable Commission also
requested the Shakopee Public Access Corporation to enter into an
agreement with New Frontier Productions.
The contract between New Frontier Productions and the Shakopee
Public Access Corporation expires on April 15, 1987. When the
conthetract mutualaagreement,ofttheovided for a one Shakopee Communityyear Accesstension Corporation
on
and the City Of Shakopee.
I have spoken with the Chairman of the Access Corporation and
they are in favor of extending the contract with New Frontier
Productions for an additional year. On April 2, 1987 staff
recommended the extension of the contract with some minor changes
in the contract language. A copy of the proposed service
contract agreement is shown in Attachment No. 1.
The contract changes being recommended for approval by the Cable
Commission are underlined. One of the changes proposed by staff
is for the addition of an annual report to be submitted by the
contractor. The Commission is also recommending a 3% increase in
the level of compensation provided to the contractor. This
increase represents the same percentage increase that all City of
Shakopee employees received on January 1, 1987. The Commission
is also recommending that a sentence be added to the contract
that clarifies those holidays that the studio will be closed.
In the 1986 contract a performance bond in the amount of $5,000
was to be supplied by the contractor. The Commission is
proposing that this language be deleted. In its place, the
Commission is proposing that a security fund be established by
the contractor in the amount of $1,500. The Access Corporation
would have access to this security fund in the event of default
by the contractor.
If the City Council concurs with the Cable Commission's
recommendation it would be appropriate at this time to extend the
service contract agreement with New Frontier Productions as
proposed.
Alternatives
1. Extend the service contract agreement with New Frontier
Productions for an additional year with the changes as
proposed by the Cable Commission.
2. Do not approve the contract extension and request staff to
solicit additional proposals for the operation of the public
access studio.
3. Extend the service contract agreement with New Frontier
Productions for an additional year with additional changes
in the contract language.
Staff Recommendation
Staff recommends alternative No. 1.
Action Requested
Move to extend the service contract agreement with New Frontier
Productions, Inc. for an additional year with the changes in the
contract language as proposed by the Cable Commission.
BAS/jms
Attachment #1 I I0/
Shakopee Public Access Studio
Service Contract Agreement
THIS AGREEMENT, made this day of April, 1987 between the
Shakopee Community Access Corporation, A Minnesota Non-Profit
Corporation, (hereinafter referred to as SCAC) and New Frontier
Productions Inc. , (hereinafter referred to as the "Contractor" ) .
WHEREAS, the SCAC desires to use the services of the Contractor
in the operation of the Shakopee Public Access Studio, and
WHEREAS, the SCAC shall maintain management authority in the
operation of the Shakopee Public Access Studio; and
WHEREAS, the Contractor is willing to undertake operation of the
Shakopee Public Access Studio.
THEREFORE, in consideration of these premises and of the
following terms and conditions, the parties agree as follows:
1. General
within the context of this agreement, the objectives of the
SCAC and the Contractor shall be as follows:
a. To encourage and stimulate among its members and the
public an interest in and appreciation of communication
media in our daily lives, and to facilitate the public' s
access to communication media.
b. To realize the potential of communication media as an
educational, informational, and entertainment resource to
the community, by training all interested persons in the
use of communication tools, assisting in the production
of programs which meet the communication needs of
specific groups and the public at large, and conducting
ongoing public information programs.
c. To provide a permanent video tape library of events,
history, documentation, and expression, for future
reference.
d. To provide a means for persons and groups in the
community to use the medium of television to communicate
with and share information directly and actively with
others.
e. To make available video equipment, facilities, and
instruction so that members of the community can produce
television programs and cablecast.
f. To provide a structure in which people can learn, create
and develop ways to use public-access channels and
portable video equipment.
2. Contract
a. Duration
The contract period will be April 16, 1987 through April
15, 1988. New Frontier Productions Inc. reserves the
right to renew this contract for an additional 12 months
upon the mutual agreement of the SLAC and the City of
Shakopee.
b. Termination
(1) Termination for Lack of Funding - The parties hereto
covenant and agree that their liabilities and respon-
sibilities, one to another, shall be contingent upon
the availability of 2ylstra-United Cable Television
Corp. (5$ cable franchise fee) monies for the funding
of this contract and that this contract shall be
terminated if such funding ceases to be available.
(2) Termination for Breach of Contract - This contract
may be cancelled and terminated by either party at
any time within the contract period whenever it is
determined by such party that the other party has
materially breached or otherwise materially failed to
comply with its obligations hereunder.
(3) Notice of Termination - In the event of any
termination of the contract under this Section, the
party terminating the contract shall give notice of
such termination in writing to the other party.
Notice of termination shall be sent by certified
mail, return receipt requested, and shall be
effective thirty (30) days after the date of the
receipt, unless otherwise provided by law.
(4) City of Shakopee Right to Terminate - Both parties
hereby agree that the City of Shakopee may either
require both parties to renegotiate certain
provisions of this agreement at any time based on
parameters established by the City of Shakopee or,
upon a determination by the City of Shakopee of just
cause, the City of Shakopee may terminate this
agreement, effective at any time, by giving each
party at least thirty (30) days prior written notice.
3. Studio Staffing and operating Hours
a. Studio operating hours shall be mutually established by
the SCAC and the Contractor and may be changed upon the
mutual agreement of both parties.
b. At least one facility manager shall physically staff the
public access studio during the following hours:
3:00 P.M. to 8:30 p.m. Monday thru Friday
11:00 a.m. to 4:00 p.m. Saturdays
These times will be reserved for the sole use and
promotion of public access. Additional hours shall be
made available with a 24 hour advanced notice.
c. Between the hours of 5:45 p.m. and 8:45 p.m. Monday thru
Friday a playback operator shall be on duty to perform
tasks necessary for cable-casting the public access
productions. The playback operator' s hours shall be
extended to cover live City Council meetings and other
public access productions in their entirety.
d. Any plans of the contractor to close the studio during
the pre-established hours must be approved in advance by
the SCAC.
e. The Public accss studio shall be closed on all holidays
observed be
y the City of Shakopee.
4. Reserving the Use of Public Access Equipment
The Contractor agrees to follow all rules and guidelines
established by the SCAC for portable equipment checkout,
studio use and editing by the general public.
5. Promotional Activities
a. The Contractor agrees to develop a video tape which
promotes the public access studio, its equipment and its
uses by July 1, 1987 to be approved by Access CorpOr-
ation.
b. The Contractor agrees to reach out and appear before at
least 12 community organizations during the contract
period for the promotion of public access.
C. The Contractor agrees to assist the SCAC in any
promotional activities that they may endeavor.
d. The Contractor agrees to offer monthly training sessions
on all aspects of public access including Portapack,
Studio shall be Editing conducted in kahops. All professionalrang
sessions
and courteous
manner.
e. The Contractor agrees to provide a monthly report to the
SCAC summarizing the promotional activities undertaken
during the month.
itor
d update
he
f The announcements oon athe ecommunity s to ncalendarnas requestedby
users.
g. Each week, the contractor shall submit a schedule of
programs to be aired to the local newspaper one week in
advance of their airing, for publishing. The program
schedule shall also be ran on the character generator.
h. Each month, the contract shall submit to SCAC a schedule
of the promotional activities to be conducted by the
contractor during the following month.
6. Rules and Regulations
The Contractor agrees to follow all Federal and State
regulations along with those operational rules set forth by
the City of Shakopee and the SCAC.
7. Equipment Maintenance
a. New Frontier Productions Inc. agrees to perform routine
equipment maintenance as specified in their proposal.
b. The SCAC will have an equipment maintenance budget for
approved repairs that cannot be done in-house. All
equipment repairs in excess of $150 must receive prior
approval from the SCAC.
c. The Contractor may submit for reimbursement from the SCAC
equipment repairs that do not exceed $150 per repair.
Aggregate requests for repairs under $150 by the
Contractor shall not exceed $2000 during the contract
period unless prior approval is granted by the SCAC.
d. The contractor shall develop and update quarterly a
maintenance log of each piece of equipment valued over
$250. This log shall be submitted to SCAC on a quarterly
basis for their review.
8. Reports
a. The Contractor agrees to submit to the SCAC on a monthly
basis the following reports in a format agreed to by the
SCAC:
(1) Public Access Promotional Report
(2) Public Access Equipment Usage Report
(3) Channel Three Programming Report
(4) Maintenance Report
(5) Character Generator Revenue Report
(6) New Frontier Production Equipment Report
(7) Summary Report
(8) Public Access Studio Revenue Report (sponsorships,
Equipment and Studio Rental)
b. The SCAC reserves the right to request addtional reports
as needed.
c. The Contractor agrees to submit an annual report to the
City of Shakopee in a format agreed to by City prior to
March 15, 1988.
9. Open Book and Record Policy
The Contractor shall keep and maintain the books and records
reflecting the operation of the public access studio as
required by the SCAC and/or the City of Shakopee. The
records, books, documents and accounting procedures and
practices of the Contractor relating to the Agreement shall
be subject to audit and examination by the SCAC or its
representative or by the City of Shakopee or its
representative at any time during working hours.
10. Contractor Use of Equipment
a. The Contractor reserves the right to use any public
access equipment and facilities for their own business
needs during the course of the contract as long as it
does not conflict with the needs of the public access
users.
b. The Contractor will be responsible for any loss, theft,
or damage that may arise during the time the equipment is
checked-out by New Frontier Productions Incorporated.
Normal wear and tear will be expected.
c. The Contractor will keep a log of all times and dates of
equipment used for their business needs and will submit a
complete report to the SCAC.
d. The Contractor shall not schedule any use of public
access equipment or facilities for their business needs
during the scheduled public access business hours or at
any times that may be detrimental to public access
programing, promotion or use.
e. The Contractor shall donate 58 (five percent) of the
gross revenues derived from the use of any public access
equipment or facilities associated with their business
activities. The 5% (five percent) gross revenue will be
turned over to the SCAC semiannually.
11. Advertising
a. The Contractor shall be responsible for all advertising
sales, promotion billing and applicable sales tax of any
alpha numeric advertising on the public access channel.
b. The SCAC shall determine the amount and frequency of
advertising on the public access channel.
c. The maximum rates for advertising on the public access
channel shall be as follows:
1 day - $2.50/day - $2.50 total
2-3 days - $2.25/day - $6.75 total
7 days - $2.14/day - $15.00 total
Month - $1.83/day - $55.00 total
d. Any changes in the rates must be approved by the SCAC.
e. on a semi-annual basis, the Contractor shall donate 50%
of gross revenues earned from advertising on the public
access channel to the SCAC.
12. Lease of Studio Equipment
a. The Contractor agrees to act on behalf of the SCAC in
leasing out the studio or its equipment to prospective
lessors.
b. The Contractor agrees to follow all leasing procedures
set forth by the SCAC.
c. All revenues generated from leasing studio equipment or
studio space shall become the sole property of the SCAC.
13. Sponsorship and Other Revenues
a. The contractor on behalf of the SCAC shall assist in
soliciting funding sponsorships for all public access
productions produced in the Shakopee Public Access
Studio.
b. The contractor agrees to follow all sponsorship
guidelines as set forth by the SCAC.
c. Any other revenues generated from the operation of the
public access studio and not specified in this agreement
shall become the sole property of the SCAC.
14. Consideration
The SCAC agrees to compensate the Contractor for the services
rendered in this agreement at a cost not to exceed1$ 6,377
for the contract period. The payment schedule to be adhered
to by the SCAC shall be as follows:
June 1, 1987 $2,729.00
September 1 , 1987 3,900.00
December 1, 1987 4,500.00
April 1, 1988 5,248.00
15. Indemnification
New Frontier Productions Inc. shall be responsible for all
claims which may arise as a result of the business activities
of New Frontier Productions Inc. Furthermore we shall
guarantee to save the City of Shakopee harmless and indemnify
the City of Shakopee for any and all laws, claims, suits,
judgements and recoveries which may be asserted, made or may
arise or be had, brought or recovered against the City of
Shakopee and the State of Minnesota by reason of any of the
foregoing claims; and that New Frontier Productions
Inc. shall immediately appear and defind the same at our own
cost or expense.
16. Worker' s Compensation
a. The Contractor will at all times keep fully insured at
his own expense all persons employed by him in connection
with performance of this contract as required by the laws
of the State of Minnesota relating to Worker's
Compensation Insurance and shall hold the SCAC and the
City of Shakopee harmless from liability from any cause
that may arise by reason of injuries to an employee of
the Contractor who may be injured while performing work
or labor necessary to carry out the provisions of the
contract. Such policy must provide for fifteen (15) days
notice to the SCAC of any change, cancellation, or lapse
of such policy periods.
b. Prior to the effective date of the contract the
Contractor shall provide a certificate of insurance
verifying the aforementioned coverage. The SCAC reserves
the right to request at any time a copy of such policies
of the Contractor.
17. Security Fund
a. within thirty (30) days after the effective date of this
agreement the Contractor shall deposit into a bank
account established by SCAC and maintain on deposit
through the term of this agreement the sum of 81,500 as
security for the faithful Performance by it of all the
provisions of this agreement and compliance with all
orders Permits and directions of SCAC and payment by
Contractor of any claims liens and taxes due SCAC which
arise by reason of the operation or maintenance of the
studio Interest accrued on this deposit shall remain
with thedepositas additional security unless after
periodic review SCAC determines 1n its sole discretion,
to rebate all or Part of the accrued interest or to
reduce the required amount of the security fund.
Provision shall be made to Permit the President of SCAC
to withdraw funds from the security fund.
b. Within thirty (301 dans after notice to it that any__._ _... __.
amount has been withdrawn by SCAC from the security fund
pursuant to subdivision (A) or this section, the
Contractor shall deposit a sum of money sufficient to
restore such security Eund to the original amount.
c. If the Contractor fails after ten (10) days notice, to
y _ A to due and unpaid; or _ails to repay
to SCAC cwithin such ten (10) dans any damages, costs or
expenses which crnr aha n he compelled to pay by reason
of any act or default of the Contractor in connection______.__
with this agreement• or fails after thirty (30) days
notice of such failure by SLAC, to comply with any
provision of the agreement which SCAC reasonably
determines can be remedied by an expenditure of the
security SCAC may immediately withdraw the amount
thereof with interest and any penalties, from the
security fund Upon such withdrawal SCAC shall notify
the Contractor of the amount and date thereof.
18. Non-Discrimination
a. In hiring of common or skilled labor for the performance
of work under the contract, the Contractor, any sub-con-
tractor, material supplier, or vendor shall not, but
reason of race, creed, age, or color discriminate against
any person or persons who are citizens of the United
States who are qualified and are available to perform the
work to which such employment relates.
b. The Contractor, any sub-contractor, materials supplier or
vendor shall not, in any manner, discriminate against, or
intimidate, or prevent the employment of any such person
or persons, or on being hired, prevent or conspire to
prevent any such person to persons from the performance
of work under any contract on account of race, color,
age, or creed.
c. Any violation of this section shall be sufficient cause
for this contract to be cancelled or terminated by the
SCAC and all money due, or to become due, may be
forfeited.
19. Additions
The Contractor and the SCAC agree that if issues arise which
are not contained herein the contractors proposal will be
referred to and used as a guide in the resolution process.
IN THE PRESENCE OF: SHAKOPEE COMMUNITY ACCESS CORPORATION
By:
Its President
NEW FRONTIER PRODUCTIONS INC.
By:
i
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Park Dedication For Hauer's 4th Addition
DATE: April 1, 1987
INTRODUCTION•
The City Council at their meeting on March 17, 1987 approved the
preliminary plat for Hauer's 4th Addition. In approving the
preliminary plat the City Council amended condition #4 to read:
"land dedication and payment in lieu of land dedication for park
purposes will be required. "
BACKGROUND:
The City staff and Planning Commission recommended approval of
Hauer's 4th Addition preliminary plat with the condition that
payment in lieu of land dedication for park purposes be required.
This recommendation was based on the fact that all but the very
eastern portion of this plat is within the 1/2 mile service area
of JEJ park. The City Council felt that because of the distance
to JEJ park and difficulty of travel to the park, particularly
for small children a small park should be located in Hauer's 4th
Addition.
The City's comprehensive plan for parks recommends a "1/2 mile
service radius" for parks and that areas not within the service
radius should be served by new parks. The plan suggests that new
parks should be neighborhood parks with a minimum of 3 acres.
The plan does not recommend the development of small tot lots.
The Planning Commission will be considering the final plat for
Hauer's 4th Addition at their meeting on April 9th and would like
further guidance from the City Council on the type, size and
location of park facilities for Hauer's 4th Addition.
ALTERNATIVES: Ili
1. Require no land dedication for park purposes for Hauer's 4th
Addition because it will be served by JEJ park.
2. Require dedication of a neighborhood park adjacent to
Hauer's 4th Addition and south of 13th Avenue. The
neighborhood park should be a minimum of 3 acres and would
also serve other future development in the area.
3. Require dedication of a tot lot for playground equipment for
small children. Enclosed is a map showing three alternative
locations.
STAFF RECOMMENDATION:
Staff recommends alternative #1. The staff' s second choice would
be alternative #2.
If the City . Council adopts alternative #3, the staff's first
choice for a site would be Site A, second choice would be Site B.
ACTION REQUIRED:
A motion of the City Council directing the developer to comply
with alternative 1, 2 or 3. If alternative three is approved the
City Council should specify the appropriate site for a tot lot.
DRW:cah
Attachment
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MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Vacation of 13th Avenue within Hauer's 3rd Addn.
DATE: April 2, 1987
INTRODUCTION•
on March 17, 1987 the City Council approved the preliminary plat
for Hauer's 4th Addition with the following condition:
1. Unneeded streets and easements must be vacated.
BACKGROUND:
The developer has filed the petition for vacation of the existing
dedicated streets and easements within Hauer's 3rd Addition which
will be relocated in Hauer's 4th Addition. The vacation of these
streets and easements must occur prior to the registering of the
final plat for Hauer's 4th Addition with the County. Registering
of the final plat and vacation should occur at the same time.
The City Council must pass a resolution setting a public hearing
for the vacation. Because vacations require 15 days between the
publishing of the hearing notice and the date of the hearing, the
earliest possible hearing date is May 5th.
ACTION REQUESTED:
Adopt Resolution No. 2709 (attached) initiating the vacation of
13th Avenue and certain easements according to the plat of
Hauer's 3rd Addition.
DKW:cah
Attachment
RESOLUTION NO. 2709
A RESOLUTION INITIATING THE VACATION OF 13TH AVENUE
AND CERTAIN EASEMENTS ACCORDING TO THE PLAT OF
HAUER'S 3RD ADDITION, SCOTT COUNTY, MINNESOTA
WHEREAS, a petition has been received by abutting property
owners requesting the vacation of 13th Avenue as shown on the
recorded plat of Hauer's 3rd Addition, Scott County, Minnesota,
as well as the vacation of the utility and drainage easements as
shown on Lot 8, Block 2 and Lot 11, Block 3, Hauer's 3rd
Addition, and
WHEREAS, the plat of Hauer's 4th Addition has received
preliminary approval by the Planning Commission and the City
Council and one condition of the approval is that 13th Avenue
within the plat of Hauer's 3rd Addition be vacated, and
WHEREAS, it is the desire of the City Council that 13th
Avenue as delineated within the plat of Hauer's 3rd Addition be
realigned as delineated within the preliminary plat of Hauer's
4th Addition, and
WHEREAS, Lot 8, Block 2 and Lot 11, Block 3, Hauer' s 3rd
Addition will be replatted in the plat of Hauer's 4th Addition
with the necessary utility and drainage easements, and
WHEREAS, it has been made to appear to the Shakopee City
Council that the said street and easements no longer serve a
public use or interest, and
WHEREAS, a public hearing must be had before such action can
be taken and two weeks published and posted notice thereof must
be given.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, That a hearing be held in the
Council Chambers on the 5th day of May, 1987 at 8:00 p.m. , or
thereafter on the matter of vacating 13th Avenue as well as the
utility and drainage easements within Lot 8, Block 2 and Lot 11,
Block 3 of Hauer' s 3rd Addition of the City of Shakopee, Scott
County, State of Minnesota.
BE IT FURTHER RESOLVED, That two weeks' published notice be
given by publication in the SHAKOPEE VALLEY NEWS and posted
notice be given by two weeks posting a copy of such notice on the
bulletin board in the main floor of the Scott County Courthouse,
on the bulletin board in the Shakopee City Hall and on the
bulletin board in the First National Bank of Shakopee.
h
Itci
Resolution No. 2709
Page Two
Adopted in regular session of the City Council of the City
of Shakopee, Minnesota, held this 7th day of April, 1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1987.
City Attorney
MEMO TO: John K. Anderson, City Administrator
FROM: Joseph P. Ries, Fire Chief
RE: Capital Equipment, Tank Truck
DATE: April 2, 1987
Introduction:
Bids were open on Friday, March 27, 1987 at 12:30 p.m. for one 3000 gallon Water
Tank Apparatus Body and Truck Chassis. The specifications call for a 1987
chassis with a 18,000 lb. front axle and a 38,000 lb. rear tamdem axle, a diesel
engine with at least 280 horsepoweer and a minimum of 1000 lb. ft. of pulling
power. Allison 4 speed automatic transmission and heavy duty driveline. The
apparatus calls for a 3000 gallon stainless steel water tank, 300 gallon per
minute pump and compartments on both sides of apparatus.
Background:
The specifications were written quite open for everyone to bid on both the chassis
and tank apparatus and allowed exceptions provided they are equal to or superior
to that specified. Four bids were received, two for the truck chassis and two
for the tank apparatus body. The truck chassis bids received were from Mack Trucks
and Peterbuilt Trucks. Mack Trucks bid was for $61,125.00 and has a 285 horse—
power Turbo Charged diesel engine with 1080 Ib. ft. torque power and standard
equipment. Peterbilt Truck Inc. bid was for $61,500.00 and included a 300
horsepower diesel engine with 950 lb. ft. torque power and standard equipment.
Both truck dealers had monor exceptions of the specifications.
The tank apparatus body bids received were from Custom Fire Apparatus Inc. and
Smeal Fire Equipment Inc. The bid received from Custom Fire in the amount of
$59,755.00 and meets specifications and did not take any exceptions to the bid.
The bid received from Smeal Fire Equipment is in the amount of $46,515.00 with
a exception on the tank, in lieu of a stainless steel tank they propose a tank
constructed of 10 gauge cold rolled steel which is then hot dip galvanized. Both
tanks tarry a twenty year warranty against corrosion and leakage.
Recommendation:
r
Due to the fat[ that the specifications called for a stainless steel tank and
allowed exceptions if they were equal or superior, and the exception taken by
Smeal Fire Equipment is warranted against corrosion and cracking for twenty years,
the truck committee feels the stainless steel should be waived.
Action Requested:
1. Award Chassis bid to Mack Trucks Inc. for one 1987 Chassis in the amount
of $61,125.00.
2. Award Tank Body Apparatus to Smeal Fire Equipment in the amount of $46,515.00
JPR/pss
CITY OF SHAKOPEE
PUBLIC WORKS DEPARTMENT
MEMO
TO: John Anderson - City Administrator
FROM: Jim Karkanen - Public Works Dept.
SUBJECT: Rotary gang mower purchase
DATE: April 3, 1987
INTRODUCTION:
The Public Works Department has budgeted $28,000 for the replacement of a
1965 reel type gangmower. We have prepared specifications for Council approval
to advertise and obtain bids for this replacement machine.
BACKGROUND: -
Our 1965 Jacobsen F-10 gangmower is now due for replacement after 22 years
of use. This machine has been in the Capital Equipment budget for several years,
and had been pushed back several times for scheduled replacement by our
recommendation because we had given it a major overhaul several years ago, and
decided to keep it for a while to make the repairs cost effective. This machine is
now due for another overhaul, and we feel that it is now appropriate to replace it
at this time.
The specifications written and submitted are for a gang mower which will mow
a 15 foot swath, but will utilize 3 rotary mower decks which are 72" each, rather
than using reel type mowers. The 3 blade rotary mower decks are more
adaptable to rougher terrain and wetter, longer grass conditions than the reel mowers,
which can only be used under ideal conditons. Reel mowers are better suited for
grooming fairways,etc. , where the rotary mowers are more suitable for parks and
ballfields, where many foreign objects are encountered.
This 3 gang rotary concept is fairly new on the market, and is highly
recommended by the governmental units who have been using them. We have talked,
at length, to the City of Champlin, who started using their new rotary mower last
summer. They are very pleased with its performance, and recommend it highly.
We have demonstrated and video taped its performance last month in St. Paul and we
were impressed with its capabilities. This type of machine is being produced by
the Jacobsen Co. , and the Howard Mfg. Co. , and it is are understanding that the
Toro Co. has this type of machine on its drawing boards, but has not gotten it into
production at this time. This machine is a high production type mower and would
not get much usage in the smaller parks where we have many trees, apparatus and
obstacles which require a mobile, smaller mower.
RECOMMENDATION:
1. Approve the specifications submitted for a new rotary gang mower.
2. Not advertise for bids.
3. Advertise at a later date.
ACTION REQUESTED:
Approve rotary gangmower specifications as submitted for a rotary gang mower,
and set May 12, 1987, at 2:00 pm CDST, as the bid opening date.
CITY OF SHAKOPEE
NOTICE OF ADVERTISEMENT FOR BIDS
FOR
( ONE ) ROTARY GANGTYPE FAIRWAY LAWNMOWER
bids close May 12, 1987
NOTICE IS HEREBY GIVEN: The City of Shakopee will receive bids at
the office of the City Administrator until 2:00 p.m. CDST, on Thursday,
May 12, 1987, at which time they will be publicly opened in the Council
Chambers of the City Hall, 129 E. 1st Ave. , Shakopee, Minnesota 55379.
by the City Administrator, will then be tabulated and will be considered by
the Council for:
ONE ( 1 ) NEW ROTARY CUT GANGTYPE FAIRWAY LAWNMOWER
according to the Specifications on file in the office of the City Administrator,
129 East 1st Ave. , Shakopee, Minnesota 55379.
Each bid must be accompanied by cash, certified check, or bidder's
bond acceptable to the City in an amount equal to at least five (5$) percent
of the total amount of the bid, payable without condition to the City of
Shakopee. In case the successful bidder fails to enter into a contract or to
provide a performance bond as required by law within the specified number
of days after the award of the contract, such check shall be forfeited to the
City as liquidated damages.
The City Council reserves the right to hold all bids for a period of
30 calender days after the date set for opening bids, as they deem to be in
the best interest of the City.
The City of Shakopee reserves the right to reject any and all bids and
to waive any informalities or irregularities herein as they deem to be in
they best interest of the City.
By order of the City Council:
JOHN K. ANDERSON
ADMINISTRATOR
CITY OF SHAKOPEE
PUBLIC WORKS DEPARTMENT
Specifications for Fairway Gang Mower
1. GENERAL ,
A. INTENT
It is the intent of the specifications to describe a self-propelled,
rotary gang type, hydraulically driven lawnmower, which shall be of the
manufacturers latest model and design. It is the intent of the City not to
be restrictive to any one manufacturer. However, the unit desired must
meet the enclosed standards, and any unit furnished which does not comply
with the specifications will be rejected and returned to the bidder. To gain
consideration as an "approved equal', the prospective bidder must make
available to the City for its' use, the same model of the piece of equipment
it intends to bid as an "approved equal'. This equipment shall be furnished
at least 5 working days prior to the opening date of the bids. A piece of
equipment must be available for use by the City during that period so the
City can evaluate its' performance. In addition, the prospective bidder shall
furnish a list of cities in the State of Minnesota, preferably in the 7 County
Metropolitian area, who are currently operating the model of the machine
intended to be considered as an "approved equal". Following review of the
machine and the information furnished, the City will notify the prspective
supplier if the machine can be classified as an "approved equal", and whether
it meets the specifications. This notification shall be given at least 2 days
prior to the opening of the bids.
All units bid shall be current production model machines furnished as
specified and ready to operate. Ali parts not specifically mentioned within
these specifications which are required for a complete unit and necessary for
safe operation shall be furnished. It shall be equipped with the equipment
and accessories which are included as standard in the advertised and published
literature for the unit. The complete unit as furnished shall meet all current
federal highway safety standards and all current OSHA requirements. Catalog
information showing the make, model and complete specifications of the unit
the bidder proposes to furnish shall accompany the bid. If the bidders
proposal is not in strict accordance with these specifications, the bidder must
so indicate and describe any deviations in his proposal.
It is the intent of the City not to be restrictive to any on manufacturer.
However, the unit desired must meet the enclosed standard, and any unit
furnished which does not comply with the specifications will be rejected and
returned to the bidder.
B. WARRANTY
The successful bidder shall guarantee the unit and appurtenances for
a period of 1 (one) year from the date of delivery. Any manufacturers
warranties which exceed the 1 year period shall also apply. The supplier
shall guarantee the machine against defective materials and/or workmanship.
Any material found defective within the guarantee period shall be replaced
at the manufacturer's expense including labor.
C. SERVICE
The bidder shall state in his proposal the location of the nearest stock
of repair parts or servicemen who may be called if required.
p•2
D. DELIVERY l
The successful bidder shall deliver the complete unit ready for operation
to the Public Works Dept. , 500 Gorman St. , Shakopee, Minn. . Bidder shall
state delivery date or delivery under this contract must be made within
ninety (90) days following contract award.
E. PAYMENT
Payment will be made within 30 days following the acceptance of the
equipment received.
F. NON-DESCRIMINATION
The contractor shall be in compliance with all applicable federal and
state statutes and the City of Shakopee's affirmative action program regarding
non-discrimination and equal employment opportunity. Failure to comply with
such statutes and/or affirmative action program may lead to the non-award
of the contract or once a contract has been let, the cancellation of such contract.
G. TAX EXEMPTION
The City of Shakopee is a instrumentality of the State of Minnesota and
is therefore not subject to the State sales tax or Feral excise tax. Appropriate
certificates shall be furnished if required.
H. IN SERVICE TRAINING
A trained factory representative shall provide the City with training
and instruction in the operation and maintenance of the unit at no cost to the City.
1. MANUALS
The successful bidder shall furnish the City with:
2 operators manuals
lubrication chart
2 parts manuals
2 complete service and repair manuals
J. TRADE-IN
The City will trade-in a 1965 Jacobsen F-10 gangtype reel mower, city
unit #133, Serial # f-10-2998, which may be inspected at the Public Works
Building at 500 Gorman St. , Shakopee, Minn. 55379. Phone 612-445-2211.
This machine is considered to be in good condition.
K. AWARDS
Award of contract by the City of Shakopee will be based upon but not
necessarily limited to the factors of (1) price; (2) parts and service;
(3) analysis and comparison of specifications details; (4) delivery date;
and (5) past experience with similar or related equipment.
p.3
SPECIFICATIONS:
A. Engine: Perkins 4 cylinder, water cooled diesel, with a minimum of
70 hp. & 2400 RPM.
B. Fuel: Capacity of not less than 15 U.S. gallons.
C. Transmission: Sunstrand Series 33 hydrostatic or 4 speed standard.
D. HOPS: 4 post rollover protection with sunscreen required.
E. STEERING: Automotive type power steering required.
F. INSTRUMENTS: Fuel gauge, oil pressure gauge (with warning buzzer),
ammeter, terperature gauge, tachometer, speedometer,
hour meter.
G. SAFETY: Neutral start safety interlock switch, and mower decks
cannot be lowered unless engine is started.
H. ELECTRICAL: 12 volt system with dash mounted ignition switch,
42 amp alternator (minimum), 700 amps CCP min. battery,
headlights, tail lights, hazard lights, turn signals required.
I. THROTTLE: Hand and foot throttles with an override by the foot throttle.
J. ATTACHMENT DRIVE: Independent hydraulic PTO circuits provided.
K. TIRES: Turf type drive tires shall be provided on drive axle.
L. TOOL box and utility box to be provided.
M. SAFETY DEVICES: All guards, warning signs, SMV sign, and other
safety devices shall be provided.
N. Mowing units shall be hydraulically driven, with valve control raising/lowering
from operators seat. Control valves will be equipped with positive safety
lock which prevents accidental lowering of gang units when engine is
not operating.
Mowing units shall be capable of mowing 15feet in a single pass, with
individual rotary mowers decks having a cutting height of 2 to 6 inches
adjustment. Adjustable casters shall be provided for each mower deck,
with anti-scalp rollers provided on each mower deck. Decks shall be
rear discharge with mulching attachments provided.
CITY OF SHAKOPEE
PUBLIC WORKS DEPARTMENT
PROPOSAL FORM
BIDS CLOSE 2:00 PM, CDST, MAY 12,1987
To the Honorable Mayor and
Members of the City Council
City of Shakopee, Minn. 55379
Gentlemen:
We propose to furnish, in accordance with your Notice to Bidders
and Specifications, one (1) new SELF-PROPELLED GANG TYPE FAIRWAY
MOWER as specified.
MANUFACTURER AND MODEL
PRICE OF MOWER (as specified) $
LESS TRADE-IN (City unit #133) $
NET PRICE COMPLETE AS
DELIVERED TO CITY OF SHAKOPEE $
$ DOLLARS AND CENTS.
LIST ANY EXEMPTIONS TO SPECIFICATIONS
ACCOMPANYING OUR BID IS A CERTIFIED CHECK, OR BIDDERS BOND IN
THE AMOUNT OF $ WHICH IS 5% OF BID. . . .
DATE FIRM
Subscribed and sworn before me ADDRESS
this day of 1987
BY
Notary Public, My commission expires TITLE
MEMO TO: John K. Anderson, City Administrator
FROM: John H. DeLacey, Engineering Technician
SUBJECT: Holmes Street Basin Laterals, Project No. 1986-1
Change Order No. 6
DATE: April 2, 1987
INTRODUCTION:
A change order is needed for the Holmes Street Basin Laterals
Project . At their March 17 , 1987 meeting, Council approved
Change Order No. 4 for the subject project which contained an
error on the part of price negotiations with the contractor.
BACKGROUND:
When Engineering staff negotiated the price change on Change
Order No . 4 for rock excavation with the contractor to
$66 . 33/C.Y. to cover the subcontractor ' s blasting costs, the
contractor' s excavation costs were inadvertently omitted . The
total cost for rock excavation is $74.53/C.Y, requiring a change
order for the additional amount of $3,985.20 to the contract.
This error was brought to our attention by the contractor after
the execution of Change Order No. 4. Although the contractor
signed the change order, in all fairness, the contractor is due
the additional $3,985.20. The net result is that, instead of a
$19,942.64 reduction to the contract as indicated in Change Order
No. 4, the contract amount reduction is reduced by $3,985.20.
RECOMMENDED ACTION:
Approve Change Order No. 6 for an additional amount of $3,985.20
for the contractor' s rock excavation costs.
REQUESTED ACTION:
Move to approve Change Order No. 6 for an additional amount of
$3,985.20 to the Holmes Street Basin Lateral Project No. 1986-1 .
JHD/pmp
CHORE
CHANGE ORDER
Change Order No.: 6 Project Name: Holmes St eet Basin
Laterals
Date: April 2. 1987 Contract No.: 1986-1
Original Contract Amount 5-9k- —
Change Order(s) No. _I thru NO- -5--- $ -10 906 46
Total Funds Encumbered Prior to Change Order $ 930,347.46
Description of Work to be Added/Subtracted:
$3,985.20 for excavation of rock by contractor
The have described work shall be incorporated in the Contract, referenced above, under the
same conditions specified in the original Contract as amended unless otherwise specified
herein. Any work not so specified shall be performed in accordance with the Standard
Specifications adopted by the City of Shakopee, Minnesota.
The amount of the Contract shall be increased by $ ; 985-p
The comber of calendar days for completion shall be increased by R-'
Original Contract Amount $ ()41.253.82
Change Order(s) No. _1— thru _6 $-- 6,921 16
Total Funds Encumbered $ 934 332.66
Completion Date: A '1 15 1987
The undersigned Contractor hereby agrees to perform the work
specified in this Change Order in accordance with the
specifications, conditions and prices specified herein.
Contractor:
/ /2'
By:
l ,
Title
Date:
APP V AN REOD!!ElIDED:
ity Engineer Date
APPROVED: City of Shakopee
BY: Approved as to form this
Mayor Date
day of 19
City Administrator Date City Attorney
City Clerk ate
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer
SUBJECT: Downtown Redevelopment Project
DATE: April 3, 1987
INTRODUCTION:
At their March 17 , 1987 meeting, Council ordered plans and
specifications for the Downtown Redevelopment Project. Westwood
Planning 6 Engineering, the consultant working on the preliminary
engineering for the last few years, has presented a proposal for
final engineering of the plans and specifications.
BACKGROUND:
Attached is the consultant' s proposal for engineering services on
the Downtown Redevelopment Project. Staff has worked with the
consultant in establishing the scope of services needed to
successfully complete this project. I am making the following
recommendations as revisions to the consultants proposal section
"Scope of Services Cost Estimate".
1 . The additional costs associated with design engineering
for access modifications to private parking lots, City
parking lots and alley access be considered part of
this contract but time and costs associated with this
work be monitored separately. The amount of design
time needed here, if at all , is a highly variable item.
Staff will need to monitor this closely.
2. In my opinion, the $33,000.00 cost for horizontal and
vertical control should be eliminated and this work be
considered as part of the basic design fee.
3. The $15,000.00 cost for survey work on 3rd Avenue and
4th Avenue connecting streets be eliminated and
considered part of the basic design fee for that
project, if and when ordered.
4. The $12,000.00 cost for future streetscape work on 1st
Avenue be eliminated at this time.
5. The $55 , 000 . 00 cost for construction staking be
considered an estimate at this point . It would
certainly appear that we will need this service based
upon my experience with these types of projects .
Engineering Department will provide the remaining
project management and inspection engineering . I
recommend that the cost for this service be provided at
the consultants attached May 1 , 1986 fee schedule and
monitored by the City Engineer.
Downtown Redevelopment
April 3, 1987
Page 2
Based terecommenatons, the "Not
Exceed
Amou t"u of thee contracts for engf eeringl o
services would reflect
the following:
Basic Design Services Fee $164,900.00
Minus Feasibility Study Cost $ (5,000.00)
Engineering for Parking Lot Access $ 24,600.00
Construction Staking $ 55 000.00
TOTAL NOT TO EXCEED AMOUNT $239,500.00
In addition to the consultant's efforts of plan development, a
design committee is being proposed to monitor and review those
efforts throughout the process. Staff sees the following
benefits of the committee:
Coordination and ongoing review of the consultant' s
design.
Coordination between the consultant and the property
owners in an effort to meet property owner
expectations.
Since this is somewhat of a fast track project in order
to complete the necessary work before winter weather,
the efforts of this committee will facilitate a timely
final review of the plans when completed.
The committee is proposed to consist of the City Administrator,
Community Development Director, City Engineer and potentially a
member of the Downtown Ad-Hoc Committee if a member can commit
the necessary time.
RECOMMENDATION:
! This memo is requesting action of Council to approve the proposed
consultant services contract. Based upon Westwood' s extensive
this
staff
background
n indicateds in the npr proposal project recom recommendtheir
approval expertise
on
of th
proposed consultant services contract.
REQUESTED ACTION:
Move to approve the consultant services contract with Westwood
Planning and Engineering as modified by the City Engineer' s April
3 , 1987 memo in an amount not to exceed $ 239,500.00 for the
Downtown Redevelopment Project No. 1987-5.
KA/pmp
DOWNTOWN
VAWESTWOOD PLANNING & ENGINEERING COMPANY 5
April 2, 1987
Mr. Ken Ashfeld, P.E.
City Engineer
City of Shakopee
City Hall
Shakopee, Minnesota
Be: Professional Services--Downtown Revitalization Project
Dear Mr. Ashfeld:
Westwood has prepared this document describing the anticipated scope
of services and associated professional services costs for the
Downtown Shakopee Streetscape Project. As we understand, the City
Council has directed staff to prepare a contract with the consultant
in expectation of the preparation of detailed plans and
_ specifications for the project. The Information contained herein
will serve as the basis for a contract between the City of Shakopee
and Westwood Planning & Engineering Company. Attached to this
document is a contract format that can be used between the City and
Westwood. Minor revisions to the contents may be appropriate before
actual implementation.
The format of this document includes several descriptive sections
listed below:
1 . Westwood understandings of the Scope of Services
2. Personnel assigned to the Project
3. Computer Aided Drafting
4. Survey Operations
5. Design of Street Rehabilitation Elements
6. Landscaping Design Elements
7. Construction Assistance
S. Westwood features of the Scope of Services
9. Cost estimation of the Scope of Services
Ken, the staff at Westwood are looking forward to working with You
on this extremely challenging project. Many of the members of
Westwood have followed this project during the planning stages for
several years and would love to see it implemented. You can be
assured that Westwood Planning & Engineering Company will place top
priority treatment on this significant improvement project. Thank
you for the opportunity of submitting this proposal.
Sincerely,
WESTWOOD PLANNING & ENGINEERIHG COMPANY
Richard L. P.E.
Vice-Presid n
dlk.RLK
a t/baYOI{EV1RN.YINNEAPoLIS. YINNFBOT� •Atl!N,Y—,u
WESTWODD UNDERSTANDINGS GA THE SGGPE GF SEHVICES
It is important the assumptions used in preparing this instrument be
addressed in the beginning. Below, each of the understandings
Westwood has at this time on the project are highlighted. If these
are altered, the scope of services may likewise have to be revised.
1. Ren Ashfeld will serve as the overall Project Manager. In
that role he will be responsible for design and scheduling
activities to the extent that the project remains on a schedule
which realizes Phase 1 construction commencing in August of
1987 and Phase 2 construction in the Spring of 1988.
2. A design committee will be formed by the City. This body
will interface with Westwood to regularly discuss the design
issues that present themselves throughout the detailed design
process.
3. The schedule as mentioned in item #1 will include the 1987
construction of utilities, paving and etreetscape elements on
Second Avenue from Holmes Street to east of Sommerville Street;
on Lewis Street from Third Avenue to First Avenue; and on
_ Sommerville Street from Third Avenue to First Avenue. During
1988 similar construction will be completed on Second Avenue
from Holmes Street to west of Atwood Street; on Atwood Street
from Third Avenue to First Avenue; on Fuller Street from Third
Avenue to First Avenue; and on Holmes Street from Third Avenue
to First Avenue. This equates approximately to 13 block faces
being reconstructed in 1987 and 17 block faces in 1988. While
it is intended to have two distinct phases of construction, one
construction bid letting is planned for July of 1987. A
pre-bid conference is planned to acquaint the contractors of
_ the plans for staging construction.
4. The consultant contract will include survey, design and bid
letting for both phases of improvement. Construction
inspection and administration will be by the City with
assistance on a "as needed" basis by the consultant. Field
staking for construction will be by the consultant.
5. The project includes the work activities delineated in the
"Downtown Revitalization Project--Engineering Feasibility
Report" document with the exception of the improvements on 3rd
Avenue which have been eliminated.
6. Field surveys of horizontal and vertical control elements
for the project area will be completed by the consultant in the
first phase of the project. A computerization technique of
data collection, digitizing and drafting will be utilized to
_ organize the survey information. Figure 1 indicates the
project area with the two phases of construction shown.
Additionally, the complete streetscape project area is
highlighted. Field survey data will be collected in the
complete area between Scott Street and Spencer Street, and
between Fourth Avenue and one-half block north of First Avenue.
7. It is assumed that the City staff will facilitate property
owner meetings throughout the duration of the project.
Westwood recommends at a minimum two meetings with each
property owner during the design process. Preferably, the
_ meetings will be on a block by block basis as the design
proceeds.
_. PERSONNEL
Within this section of the Scope of Services the organization of the
work team is presented in addition to the specific responsible
personnl e end of this
nt
resumesehaves
been d attached to the Pindicating Athe thme
extensive experience of
-- each of the individuals .
As highlighted in the assumptions earlier, Westwood is suggesting
the City assemble a "Design Review Committee" . As overall Project
Manager, the design committee could be a valuable vehicle for Ken
Ashfeld through the duration of the design activities. It is
_ recommended that a specified meeting time be allocated each week.
At the meetings status reports on design activities, specific design
-issues, scheduling Problems, and other miscellaneous matters can be
regularly handled. We would recommend at least 3 but not more than
need
arilefrom the City other interestedbpartiese on hcouldsben integrated into thee
sesdesign
process by the committee.
Westwood will be headed by a Project Manager who is charged with
overall consultant responsibility, project coordination and
interfacing with property owners and the City during the design
process . Richard Koppy, P.E. , will be in this role. His background
experience on this project over the past year will be invaluable to
city's expectations. Mr. KoPPY has had
sensitize him to the
previous experience with Streetscape work similar to the proposal in
Shakopee while he was City Engineer in St. Louie Park. One notable
project involved West 36th Street from Beltline Boulevard to
_ Wooddale Avenue. The project included a complete Streetscape design
Prom building face to building face. Work included reconstruction
of underground utilities, pavement, curb &lantersr sections lightinbrig
paving, sidewalks, tree plantings, P
Currently, Mr. Koppy is the project manager on a major streetscape
project in the City of Brooklyn Center. The project is located in
the historic "Earle Brown Farm" district and includes utilities,
paving, landscaping, brick paving node areas, and lighting. He also
is the project manager of a multi-million dollar "downtown St. Loans
Park" project involving street construction,
lighting,_ landscaping.
Surveys will be managed by Marty Weber, a Registered Land Surveyor.
All of the Westwood survey crews will be directed by Mr. Weber.
Additionally, he will coordinate the computerized data collection
operation.
Street the
ted
ehabilitation Keithrwillition
work
closely with the Westwood staff and Richard Soppy to insure the
Shakopee design objectives are met throughout the design process.
Mr. Nelson has had previous experience with similar streetscape
design/construction projects in the City of Monticello, Minnesota
and Lakeville, Minnesota. The project in the City of Monticello
included $2.6 million of construction involving the residential and
commercial areas of the inner core of the City. Reith was involved
in the design services and the construction operations of this large
City project. In Lakeville, Mr. Nelson supervised the design and
_ construction operations of a streetscape project on Holyoke Avenue.
The project included pavement restoration, curb & gutter, sidewalk,
brick pavers, street lighting, tree planters, and other streetscape
amenities.
Streetecape elements included in the Phase 1 and Phase 2 portion of
the project will be managed by Tim Erkkila, A.S.L.A. Tim has been
-_ involved in the Shakopee planning process on this project for more
than two years. His expertise in the landscaping field is
recognized throughout the State of Minnesota. Presently, a similar
_ streetscape project designed by Mr. Erkkila is under construction In
the City of Brooklyn Center. He also has several projects to his
credit involving landscaping streetscapes--most notable is
Riverplace in Minneapolis.
An Electrical Engineer will be subcontracted to assist in the Street
Lighting design efforts. Robert Eller & Associates will assist
_ Westwood in the role of insuring the electrical systems design will
meet the City and the Shakopee Power and Utilities Commission
standards. Mr. Eller has worked on lighting projects recently in
Mankato and in Detroit Lakes. He has collaborated with Westwood in
the past on street lighting design projects.
A full time staff engineer will be assigned to the Shakopee project
— in addition to the appropriate number of drafting technicians.
These people with the aid of the computer will enable Westwood to
meet the scheduling deadlines highlighted earlier in this document.
COMPUTER AIDRD DRAFTING
Westwood has recently acquired an Alpha-Micro Computer system with
the well known Alpha-Mate software. The seven terminals that are
available at the Westwood offices in addition to the digitizer board
and the plotter enable Computer Aided Design and Drafting to occur
on a multitude of projects. It is proposed to use this CAD system
on the design of the Shakopee project. With the addition of this
— tool, it will be much easier to examine the varied alternatives that
may arise during the design process while maintaining the fast-paced
schedule inherent in this project . Currently, the City of Prior
Lake has the identical computer system.
During the survey field operations, a digitizer will assist in the
collection of field survey notes and transfer process to the
computer. The computer will be used to assemble, organize and
manipulate these data into recognizable base drawings that will be
used for the design. This process during the design effort will
Irk
allow the designers to manipulate the data in a variety of ways.
- Different scales can be used based upon the audience and the need.
Design alternatives can be quickly and easily drawn for review by
the designer and the design committee. If a property owner wants to
focus simply on their property, the computer allows a "window" to be
used which expands the data upon the request of the computer user.
An idea that the Westwood principals have discussed is providing the
City of Shakopee with a terminal to be used during the duration of
the project to quickly, accurately and effectively review project
information. The cost of the terminal can be estimated if the City
staff believe it may be of value. A telephone modem would serve as
the interface device between the City office and Westwood office.
SURVEY OPERATIONS
- Survey operations will begin as soon as the City authorizes Westwood
to proceed. It is important to begin this process as early as is
possible. The design process will be driven by the data that
_ proceeds from the field survey operation. It is recommended that a
field digitizer process be used in conjunction with the Westwood CAD
system. Essentially, topography and field data will be collected
based on two control systems:
1. Horizontal Control System: The EDM Data Collector will be
used with the block lines serving as the horizontal control
lines. Property descriptions will have to be checked as
part of this process. Where necessary, easement
descriptions will be provided to the City. It is assumed
_ that the City staff will actually acquire any property
rights of way that are needed as a result of this project.
2. Vertical Control System: United States Geological Survey
- Datum will be used in the City of Shakopee during the
collection of elevation survey data. Existing hydrants in
and adjacent to the project area will be tied in to a
_ "bench loop" system designed to provide ease of survey
collection procedures for vertical control.
The horizontal and vertical control systems are important during the
initial survey collection process to organize the data collection
process. These systems are also very important during the
construction process for staking purposes. Design control surveys
- must match once the construction begins.
Use of the EDM Data Collector will speed up the data collection
_ process so the designers can commence their work at an earlier date.
The computer will organize the data and draw topography maps of the
downtown area that will form the basis of the design for the
improvements. It is recommended that the entire project area be
- surveyed--Phase One and Phase Two areas--during the time the crews
are engaged in data collection activities. Figure 1 indicates the
areas that are recommended. Later, during the design process, the
Phase One design will have to be coordinated with the Phase Two
area.
It is also recommended to survey Third Avenue and the blocks between
Third Avenue and Fourth Avenue. Even though Third Avenue has been
deleted from the project, it is contained in the 1988 Capital
Improvement Program for the City. The field survey data will be
valuable to tie in the streetscape project to the future Third
Avenue design. Additionally, the data can be used for the Third
Avenue design at the time the project is initiated.
_ Finally, it is the contention of Westwood that the overall survey
data collection process can be done at a lower cost if it is done at
one time instead of at different times . More specific information
supporting this claim is contained in the cost estimation section of
this document.
Construction staking is included as part of the consultant services
on this project. A full time crew will be assigned to the City by
Westwood and available for construction staking, problem
investigation, etc. The computer coded data can be used on an
_ effective and efficient basis with the availability of Westwood
personnel in this phase of the project.
T)RSIrN OF STREET RPNARILITATION ELEMENTS
Once the survey data is available the street design process will
begin. It is proposed to move thru the downtown area from east to
west. The street design will include a preliminary design plan for
each block that can be reviewed by the design committee and the
appropriate property owners. Upon approval, the preliminary design
sheet can easily be transformed into a construction document. The
timeline will include bid advertisement in July, 1987. Construction
documents will be completed for the streets scheduled to be
constructed in 1987 for the July bid letting. Preliminary design
_ sheets will be completed for the remaining streets in the overall
project area. The construction documents and the preliminary design
sheets will form the basis for the bid quantities contained in the
bid proposal. As construction commences on the 1987 project work,
detailed design will continue on the 1988 project work. The
construction contract will include appropriate mechanisms to adjust
the bid quantities without having to adjust unit bid prices.
While Westwood staff is waiting for the survey data to be
transformed into base drawings, the existing underground utility
_ system will be reviewed for maintenance needs. Additionally, the
Shakopee Public Utility Commission staff will be coordinated with on
the underground power conduits and the street lighting design.
Where appropriate the Muncipal State Aid standards and plan check
requirements will be utilized to insure State Aid funds can be used
for financing of specific portions of the project.
The detailed design of the street rehabilitation efforts will
include but not be limited to removals, curb and gutter, pavement,
sidewalk, utilities and conduit placement. Specific design services
included in the scope of services will include the following items:
I( cr
1 . Preparation of design plans, specifications and bidding
documents.
_ 2 . Estimates of construction cost.
3. Preparation of permit applications to regulatory agencies.
4. Design meetings with the design committee and property
owners.
- 5. Coordination of landscaping/streetscape design efforts.
6. Railroad contact & coordination relative to design efforts
_ on Second Avenue.
7. Assistance in advertising for bids and recommendations on
award of bids.
^^^APING DESIGNyLEKER
The landscape design efforts will lag slightly behind the street
rehabilitation efforts, but coordination and advisory assistance
during the street design process will be active. Elements of the
design will be featured at the design committee meetings during the
regularly scheduled meetings.
It is suggested that a pre-qualifying of streetscape specialty
products be done prior to the actual bid opening in July. If this
is accomplished two improvements to the design process will occur.
First, better cost estimates will be available. This will aid in
the decision making process , especially when products of similar
Intent but different features have to be evaluated. Secondly,
complications during and after the bidding process will be
minimized. This will be an asset in keeping the protect on schedule
and in the overall pro,lect organization.
Significant coordination will be provided between the City and SPUC
during the street light design process. This process will be the
responsibility of the consultant with coordination through the
design review committee. The experience gained during the Second
Avenue parking lot lighting proJect will be invaluable as the
detailed street lighting design process commences . Westwood will
_ have an Electrical Engineer on its design team to aid in the
detailed design and specification process .
Basically the same specific work tasks as listed in the street
- rehabilitation section of this document will apply to the
landscaping/streetscape elements of the design.
CONSTRUCTION PRASE
Based on the information that the City will administer the
construction project and provide project inspection, Westwood
proposes to assist the construction inspection process on an "on
_ call" basis . Personnel will be assigned to the project representing
Westwood. They could be used in the following areas:
1. Periodic observation of specific construction operations.
2. Preparation of supplementary drawings to the construction
drawings.
3 . Review of shop drawings provided by the contractors.
4. Review of laboratory test results .
5. Review and make recommendations on partial and final
payment requests of the contractors.
6. Assistance during construction with interpretation of plans
and specifications.
7 . Final inspection assistance of the various project
elements.
8. Property owner communications during the construction
Operation.
Westwood proposes to provide the survey crews that are needed to
provide full time construction staking services. Considering the
horizontal and vertical survey controls that are established during
_ the preliminary survey activities, consistency in survey crew
personnel and management throughout the project will promote
increased efficiency and effectiveness.
WESTWOOD FEATURES OF TRH SCOPE OF SERVICES
_ The Scope of Services presented herein are recommended. If the
assumptions that Westwood has used are incorrect or the Scope of
Services is too narrow or broad, please make the appropriate
revisions. Our goal is to be of service to the City and yield a
design product that specifically addresses the needs of the City.
There are six elements of this Scope of Services that are features
worthy of further mention. Below they are enumerated in summary
form:
1. "One House Design" feature coordinated by a project manager
with overall project responsibility to the City.
Design 1 $ 86 , 402 6 $ 518, 412
Design 2 $ 83, 006 9 $ 747, 054
Design 3 $ 58,821 2 $ 117 ,642
17 $1, 383, 108
Total Estimate of Phase 1 & Phase 2 construction: $2, 461 ,773
Design Documents and Construction Assistance:
Compensation from curve for Design services : 6.7 %
Design Services estimated fee: $ 164, 900
Minus--cost of the feasibility report $ (5, 000)
Addition--cost of engineering work on private property and in alley
ways , City parking lots , etc. 1. 0% $ 24,600
Total Design Service Fee $ 184,500
for work defined in proposal
Survey Work
_ Horizontal and Vertical Control data collection
and digitizing for 1987 and 1988 project area $ 33 , 000
Area outside the project area from Third Avenue $ 15 , 000
to Fourth Avenue
Future streetscape area including First Avenue $ 12 , 000
and area 1/2 block north
Total of Preliminary Survey Work $ 60,000
* It is estimated that by doing all of the survey work at the time
when the crews are assigned to the project approximately a 15% to
20% savings in cost ($3750 to 5000) will be realized by the City.
This savings is exhibited in the above figures for the area outside
the 1987 and 1988 streetscape project areas .
Construction Staking--estimate $ 55,000
Total Survey Pees--Topography & Base Drawings (Building 115,000
Face to Building Face) and Construction Staking $
U�
2. Computer Aided Design feature that will assist in the
- streamlining of the design process without yielding on the
quality of the analysis of alternatives.
_ 3. "Fast Track Design" to produce Plan, Specifications and
Estimates on a schedule targeted for an August construction
commencement date.
4. Pre-approved products list for the street-scape elements.
5. Integration of the City design team with the Consultant's
- design team through the use of a Design Committee.
6. Placement of a compatible computer terminal with the
_ Consultant's computer system in the Shakopee City Hall for
data information purposes.
crnpE OF SERVICES COST ESTIMATE
Generally when the scope of services can be clearly defined, there
will be a reasonable relationship between construction cost and the
cost of engineering services . The curve shown on the attached
figure labelled as "Curve A, Median Compensation for Basic Services,
Expressed as a Percentage of Construction Cost for Projects of Above
Average Complexity" is suggested as a basis for design service costs
on the Shakopee project. Also attached is the current fee schedule
that will be used by Westwood for billing purposes on this project.
_ This section of the proposal document contains an estimate of the
professional services fees for the design and construction of the
project. Included in the costs are all of the basic service
elements that are commented on in the Scope of Services section of
the report.
Construction Cost estimate of 9 t -30 Block Faces
Based upon information contained in the "Downtown
Revitalization Project Engineering Feasibility Report" dated
November 7, 1986
1987 Phase 1 Construction Area (see figure 1) :
Cost per Block Face No of Block Faces Totals
Design 1 $ 86,402 7 $ 604,814
Design 2 $ 83,006 5 $ 415,030
Design 3 $ 58,821 1 $ 58,821
13 $ 1 , 078,665
1988 Phase 2 Construction Area (see figure 1) :
Cost per Block Face No of Block Fa -es Totals
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0.01 0.05 0.1 0.5 1 5 10 50 100
Net construction cast, in millions of dollars
FIG. 1 —CURVE A, MEDIAN COMPENSATION FOR BASIC SERVICES,
_ EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR
PROJECTS OF ABOVE-AVERAGE COMPLEXITY.
From 1972 ASCE Manual No.45
— 13 —
L
\`\`J WESTWOOD PLANNING & ENGINEERING COMPANY = 'n..n.
FEE SCHEDULE FOR PROFESSIONAL SERVICES
MAY 1, 1986
Classification Hourly Rate
Principal Engineer..................................... $ 66.00
Principal Planner/Landscape Architect..... ............. 66.00
Project Engineer....................................... 48.00
Project Landscape Architect............................ 48.00
Engineer............................................... 44.00
Landscape Architect/Planner............................ 44.00
Senior Engineering Technician.......................... 36.00
Engineering/Planning Technician........................ 30.00
Associate Landscape Architect/Planner.................. 34.00
Draftsman.............................................. 24.50
Typist................................................. 21.00
Senior Construction Coordinator........................ 40.00
Construction Observer............. ..................... 36.00
Two-Man Survey Crew....... ............................. 66.00
Three-Man Survey Crew.................................. 77.00
]US WLYLTA BOULEVLPO. MIN MFAYOLIA YIN NFSOTA SL1!Ma lKYI55
Agreement To Provide Engineering
Services for Downtown Streetscape
City of Shakopee, Minnesota
City Improvement - Project
SCOPE OF SERVICES
The engineering work proposed would consist of two phases described as
follows:
1. Final Design Phase
After written authorization to proceed, the Engineer will perform the
following tasks:
A. Prepare final plans and specifications for the work proposed.
B. Advise the Owner of any adjustments in the estimated Project Cost
caused by changes in extent or design requirements.
C. Prepare advertisement for .bids, assist the City staff in receipt
of bids, and make a recommendation of the award of the contract.
D. Prepare standard permit applications and supply the necessary
design documents.
E. Prepare monthly payment estimate vouchers based on the work
completed by the Contractor as reported by the City.
F. Make visits to the site at intervals appropriate to various
stages of construction including final inspection, to observe as
an experienced and qualified design professional the progress and
quality of work executed by the Contractor.
G. Prepare as-built record drawings from the construction inspection
reports furnished by the City.
H. Issue all instructions of the Owner to the Contractor and issue
necessary interpretations and clarifications of the contract
documents and issue all change orders.
2. Construction Phase - Survey and Construction Related Services
During construction, the Engineer shall : U
A. Provide qualified construction survey staking.
- B. Provide qualified construction inspection or assistance as
requested by the City.
COMPENSATION
We would propose to furnish the work included in Phase I and general contract
administration described above, based on a fee expressed as a percentage of the
actual construction cost. For this improvement project, there will be a fixed
fee of percent. General contract administration including the pre-
paration of monthy payment estimate vouchers provide site visits including final
inspection and preparation of record drawings will be provided at a fixed fee of
_ one percent (3) of the construction cost. Minty percent (90X) of this fixed
fee is to be attributable to Phase 1 and shall be payable following the
completion of this phase. The remainder of this fee shall be due following
completion of Phase 2.
If following Phase 1, the City does not enter into contract for construction of
the project, compensation for work included in Phase 1 will be 90% of the fee
otherwise charged. If no bids are received, the Engineer's Estimate shall be
used.
Construction surveying in Phase 2 will be performed by Westwood Surveying,
Inc., and under our supervision. The fee for this service shall be hourly as
per the attached fee schedule.
Additional inspection as requested by the City as aid for City staff will be
billed on hourly rates.
_ All work for Phase 2 will be billed monthly, based on the pro-rated amount
of work performed during the previous month. All invoices are due and
payable 30 days from date of invoice. All invoices outstanding 60 days or
more from date of invoice will be charged a finance (interest) charge at
the rate of 1.25 percent per month.
Any special reports, studies or other work ordered by the Owner shall be
performed on a per diem basis in accordance with the attached fee schedule.
TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon fourteen days written
notice to the other party. In the event of such termination, Westwood
shall be paid compensation for services performed to the termination date based
on the percentage of completion as recommended by the City Adminstrator.
_ Upon payment, any and all obligations and liabilities of the parties hereto
shall terminate.
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are, and shall
remain, the property of Westwood, whether the project for which they are
made is executed, or not. Westwood is not to reuse these drawings, or any
part thereof, for any other client that Westwood may have, without the
written approval of the Owner. These drawings are not to be used by the
Owner on other projects, or extensions to this project, except by agreement
in writing and with appropriate compensation to Westwood.
Westwood Planning S Engineering, upon request, shall provide the Owner with
a copy of his engineering calculations upon which his designs are based.
SUCCESSORS PND ASSIGNS
The Owner and Westwood each binds itself, its successors, assigns and legal
representatives to the other party of this agreement and to the successors,
assigns and legal representatives of such other party with respect to all
provisions of the agreement. Neither the Owner nor Westwood shall assign,
set over or transfer his interest, in whole, orin part, in this agreement
without the prior written consent of the other, and any act in derogation
hereof, shall , at the option of the non-assigning party, render the written
agreement terminated. Minor changes in Westwood's partnership shall not
operate to cancel this agreement.
ARBITRATION
All claims, disputes and other matters in question arising out of, or
— relating to, this Agreement or the breach thereof shall be decided by
arbitration in accordance with the Construction Industry Arbitration rules
of the American Arbitration Association then obtaining unless the parties
_ mutually agree otherwise. This agreement to arbitrate shall be
specifically enforceable under the prevailing arbitration law. Notice of
the demand for arbitration shall be filed in writing with the other party
to this agreement and with the American Arbitration Association. Theor
— demand shall be made within a reasonable time after the claim, dispute
other matter in question has arisen. In no event, shall the demand for
arbitration be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in question would
be barred by the application statue of limiations.
_ The award rendered by the arbitrators shall be final and judgement may be
entered upon it in accordance with applicable law in any court having
jurisdiction thereof.
EXTENT OF AGREEMENT
— This Agreement represents the entire and integrated Agreement between the
Owner and the Engineer and supersedes all prior negotitations, representa-
tions or agreements, either written or oral . This Agreement may be amended
only by written instrument signed by both the Owner and Engineer.
GOVERNING LAW �l'J
This Agreement shall be governed by the laws of the State of Minnesota.
THE OWNER AND ENGINEER AGREE AS SET FORTH ABOVE
OWNER: ENGINEER:
-. City of Shakopee Westwood Planning A Engineering Company
129 East 1st Avenue 7415 Wayzata Boulevard
Shakopee, MN 55379 St. Louis Park, MN 55426
Signature Richard L. Koppy, P.E.
Vice President
Title Title
Dated Dated
Attachment: Fee Schedule
Richard L. Koppy, P.E.
Vice President, Engineering
Richard Koppy is responsible for the management of
engineering studies in the area of transportation
engineering, municipal engineering and site development.
He has more than 15 years of diversified engineering and
project management experience in the design and
construction of street and highway projects, transportation
engineering and planning projects, traffic operations. utility \\"
projects and street maintenance activities.
His previous experience Includes:
• City Engineer and Director of Public Works of St. Louis Westwood Planning 8
Park, Minnesota. Over a ten year period, he participated Engineering Company
in many innovative projects such as the Reilly Tar 8
Chemical Company drinking water contamination solution,
neighborhood recycling program for waste products and
the Highway 7 redevelopment corridor plan. During his
tenure approximately 75 miles of streets were constructed
throughout the City. These projects included utilftie%
street lights, traffic signals, sidewalks, alleys and street
furniture. He was responsible for a myriad of projects
funded by sources such as Interstate Substitution, Federal
Aid, State Aid and local property assessments.
• Project Engineer for a St. Paul consulting engineering finn
with responsibilities in the area of transportation
engineering.
• Traffic Engineer for Hennepin County Department of
Transportation; in charge of urban roadway safety
improvements for the County's roadway system. Early in
his tenure, Mr. Koppy worked in the design, construction
and maintenance departments.
• Education: Bachelor of Science, Civil Engineering,
University of Minnesota, 1970; Graduate Studies in Public
Administration and Engineering, Mankato State College
and University of Minnesota, post 1970.
• Part-time course instructor in the Public Works curriculum
at the North Hennepin Community College in Brooklyn
Park, Minnesota from 1980 to present.
• Registered Professional Engineer in Minnesota.
• Member, Minnesota Society of Professional Engineers,
American Society of Civil Engineers, American Public
Works Association (1983 State MPWA President), and the
National Institute of Transportation Engineers.
s
Tim Erkkila, ASLA
Vice President, Planning
Tim Erkkila directs the planning section of the firm. In this
role he works directly with clients or generate plans and
concepts or as an advisor to projects in the engineering
division of the firm. In his 14 years of professional work he
has participated in a wide range of projects, either as team
member or in a supervisory role. Typical projects include \\\\
site planning for development, redevelopment, urban
planning, park planning and design and preparation of
construction documents for site amenities.
His previous experience includes: Westwood Planning &
• President of the consulting firm of Erkkila & Associates. Engineering Company
Representative projects include: park system planning and
park site design for developing cities; landscape
architectural services on urban projects such as "Galtier
Plaza" in St. Paul and "Riverplace" in Minneapolis;
developer assistance on commercial, industrial and
residential projects.
• Landscape Arohitect and project manager for site
planning projects such as facility master planning;
neighborhood rehabilitation; downtown redevelopment
projects in three states; municipal planning and technical
assistance. This work was done as the Vice President and
Director of Design at Midwest Planning 8 Research, Inc.
• Landscape Architect/Planner for the University of
Minnesota Planning Office. His duties included
preparation of campus master plans, site development
planning for new campus buildings and sculpture siting
for the projects at all U of M facilities.
• Site Planner for the Minnesota Department of
Transportation. Duties here included preliminary planning
for Interstate rest areas at the South Dakota and Iowa
borders and on 1-94, plus building siting at 11 primary rest
areas.
• Education: Bachelor of Landscape Architecture and B.S.
Landscape Design and Environmental Planning from
University of Minnesota, 1972.
• Registered Professional Landscape Architect in Minnesota.
_ • Member, American and Minnesota Society of Landscape
Architects; member, American Planning Association.
Keith H. Nelson, P.E.
Vice President
Keith Nelson shares responsibilities for design it
_ Engineering,with the primary duties of managing
major engineering improvement projects. He
also provides engineering assistance to the
Planning Division. His experience covers a
_. wide range of project types, including sanitary _
sewer, water supply, and drainage systems;
large-scale residential and commercial
development sites; street and highway
projects.
His previous experience and major projects
include:
• Consulting City Engineer, Lakeville,
Minnesota. Over a five year period he was
acting City Engineer and project manager for
many public works projects including; sanitary
sewer, MWCC sewer rehabilitation, storm
sewer, water main distribution and supply,
downtown streetscape and trunk highway Westwood Planning 8
improvements. Engineering Company
• Project Engineer, Hutchinson, Minnesota.
Designed trunk relief interceptor sewer and
force main to new waste water treatment
plant site.
• Project Engineer, White Bear Lake,
Minnesota. Prepared Feasibility report and
designed First Phase storm drainage
improvements for the West Side Drainage
District.
• Project Engineer, Monticello, Minnesota,
designed and supervised permanent street
and storm sewer construction through the
inner core of the City.
• Project Engineer and Consultant for many
development projects which included
preparation of preliminary plats, site design,
watershed permits, utility/street construction
and grading. Major projects included:
development of residential, quad homes
townhouse, multiple, commercial and
industrial sites.
Education. Bachelor of Science, Civil
Engineering, University of Minnesota 1973.
Registered Professional Engineer in
Minnesota.
Member, Minnesota Society of Professional
Engineers; 1986-87 Chairman MSPE
Professional Engineers Private Practice
Division.
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer^
SUBJECT: 13th Avenue Cost Comparisons
Straight Alignment vs. Curve-a-linear Alignment
DATE: April 3, 1987
INTRODUCTION:
At their March 17 , 1987 meeting, Council reviewed a proposed
alignment of 13th Avenue between C. R. 16 and C. R. 77. The
alignment was relatively straight between C.R. 16 and C.R. 17 but
somewhat curve-a-linear between C. R. 17 and C. R. 77. Council
asked staff to compare costs of the street based upon the
proposal versus a more straight alignment.
BACKGROUND:
I calculated the approximate cost for the collector street system
based upon a per foot cost. A second step of that calculation
was to calculate the per foot cost responsibility to the
developer for a equivalent type of construction but for a street
of local standards. The additional cost for width and structural
strength as a result of 13th Avenue's functional classification
becomes a City cost.
The following is a cost comparison for the street construction
between C. R. 17 and C. R. 77 , comparing the curve-a-linear
alignment to a straight alignment.
Straight Alignment Curve-a-linear
Developer Cost $628,600 $659,600
City Cost $233,300 $244,800
The curve-a-linear alignment crosses the drainage corridor twice
which results in the majority of the cost difference due to the
large culvert installations. The difference in cost between the
two alignments are as significant to the developer because if the
drainage corridor crossings are not necessary for the straight
alignment, I would presume that the crossings would incurr on
local streets. Therefore the developer would occur an additional
cost of $24,500 to the local street cost if a straight alignment
was used.
KA/pmp
ALIGNMENT
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE: Wiley/Arkell Housing Proposal Resolution Giving
Preliminary Approval to Project Financing as Provided
for Under Chapter 462 C of the Minnesota Statutes
DATE: April 3, 1987
Introduction:
At the March 17, 1987 meeting the HRA endorsed the concept
of issuing housing revenue bonds for the Arkell/Wiley Proposal.
The attached resolution satisfies certain Federal legal
requirements for "official action" which will allow the
initiation of the bond process.
Background-
The Wiley/Arkell partnership has proposed a 68 dwelling unit
housing project which is located on Eagle Creek Boulevard
Southeast of it's intersection with County Road 17. This project
is intended for persons 55 years of age and older. The concept
approval by the HRA in March needs to be followed by the adoption
of a resolution by the City Council to approve the issuance of
these housing revenue bonds.
At the March 17th meeting, the developer also requested that
the City establish a tax increment district and use the
increment, for a period of ten years, to writedown the effective
interest eclined to
establishrattax nincrement the 1district ng uasbrequested ebyRtd
the developer.
Subsequent to the March 17th meeting staff has worked with
the developer in an attempt to find a solution to the apparent
financial dilemma which exists. Although several meetings were
held at this point the project still has an apparent financial
short fall.
At this time the developer is also looking at the
possibility of putting a housing project on the site of the
former Womens Prison which is located on 6th Avenue. The
developer is aware of the fact that another group has submitted a
request for the development of this site and that the City will
initially be negotiating with Mr. Thomas Massey on the
development of the prison site.
The attached resolution provides the option of developing
either site and using housing revenue bonds for the project.
This does not mean that either site will be developed but merely
gives the developer the opportunity to incur costs for the
project and recover part or all of these costs if the project
should later be constructed. As was indicated at the March 17th
meeting, the City of Shakopee does not have any financial
exposure relating to the issuance of these multi-family housing
revenue bonds. The developer is responsible for 1008 of the cost
of bond issuance and the subsequent debt service.
The attached resolution does not satisfy the State legal
requirements relative to the issuance of multi-family housing
revenue bonds. If the project proceeds to that point there will
be a need for a public hearing and a 15 day notice as required
under State Law. Also contact will need to be made with the
Metropolitan Council and the housing plan for the City will have
to be updated along with a financing plan. Following that an
application would then be submitted to the Minnesota Housing
Finance Agency for housing revenue bond approval.
At this stage we are dealing only with the resolution which
meets certain Federal tax law requirements.
Alternatives•
1. Approve the attached resolution which gives preliminary
approval to the Wiley/Arkell Housing Project and it's
financing under Minnesota Statutes, Chapter 462 C.
2. Do not approve the housing revenue bond resolution and
terminate further negotiations with the developer on this
project.
Recommendation:
Move to adopt Resolution No. 2713 giving preliminary
approval to a project and it's financing under Minnesota
Statutes, Chapter 462 C.
� I
BND/arkell2
RESOLUTION NO. 2713
A RESOLUTION GIVING PRELIMINARY APPROVAL TO A
PROJECT AND ITS FINANCING, UNDER MINNESOTA
STATUTES, CHAPTER 462C
WHEREAS, the City of Shakopee, Minnesota (the "City") is
authorized, pursuant to Minnesota Statutes, Chapter 462C
(the "Housing Act") to develop and administer multifamily
housing programs pursuant to a housing plan, which may be
financed by the issuance of revenue bonds of the City; and
WHEREAS, the City has adopted the City of Shakopee
(the "Housing
Plan") pursuant to and in conformance with the provisions of
the Housing Act and has held a public hearing thereon, after
at least 30 days' published notice thereof, and after review
and comment by the Metropolitan Council thereon; and
WHEREAS, the City Council (the "Council" ) has determined
that it is in the best interests of the City and in further-
ance of the City's goals established in the Housing Plan
that the City amend the Housing Plan, by approving and
adopting a proposed multifamily housing revenue bond program
to be tentatively entitled "Program for Construction of a
Multifamily Housing Development - Shakopee Cottage Planned
Elderly Housing Community" (the "Program") ; and
WHEREAS, , a Minnesota limited
partnership, o which The Arkell Development Corporation, a
Minnesota corporation, and M. R. Wiley & Associates, Inc. , a
Minnesota corporation, are general partners (the "Devel-
oper" ) , has presented a proposal to the City, whereby the
Developer desires to undertake a project which consists of
the acquisition, construction and installation of an
approximately 68-unit multifamily housing development to be
occupied by elderly persons (the "Project") to be located on
the southwest corner of the intersection of County Road i16
and County Road ;17 or on
, in the City; and
WHEREAS, the Developer has requested that the City issue
its multifamily housing revenue bonds in an amount not to
exceed $3,500,000 (the "Bonds") to assist in the financing
of the Project and the costs related thereto; and
WHEREAS, the Project will be reserved for rental in part
by elderly persons of low and moderate income, with at least
20 percent of the units held open for occupancy by families
or individuals with adjusted gross income not in excess of
50 percent or less of the median family income adjusted to
family size estimated by the United States Department of
Housing and Urban Development for the Minneapolis/St. Paul
Standard Metropolitan Statistical Area; and
WHEREAS, the remainder of the Project not so reserved
will be affordable to elderly persons and families with
adjusted gross income not in excess of those limits set
forth in Minnesota Statutes, Section 462C.03 subdivision 3
only to the extent determined necessary to further the pol-
icy of economic integration; and
WHEREAS, the Program, when submitted, will be in confor-
mance with the provisions of the Housing Act; and
WHEREAS, the City will hold a public hearing on the Pro-
gram, when submitted by the Developer, after at least 15
days' published notice thereof and after submission of the
Program for review to the Metropolitan Council on or before
the publication date of a notice of public hearing; and
WHEREAS, the Council and the staff of the City believes
that the Project will increase the supply in the City of
decent, safe and sanitary residential rental dwellings and
that the Project is in furtherance of the housing policies
of the City; and
WHEREAS, neither the City nor the State of Minnesota
shall be liable on the Bonds, and the Bonds shall not be a
debt of the City within the meaning of any state constitu-
tional provision or statutory limitation, and will not con-
stitute or give rise to a charge against the general credit
or taxing power of the City or a pecuniary liability of the
City, nor shall the Bonds be payable out of any funds or
properties other than those provided as security therefore;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shakopee, Minnesota:
Section 1. The City hereby gives preliminary approval
to the Project and the issuance of its multifamily housing
revenue bonds in an aggregate principal amount of up to
$3,500,000 to provide financing for the acquisition, con-
struction and installation of the Project, together with
related costs, subject to submission to and approval by the
Council of the Program, review and comment by the Metropoli-
tan Council and approval thereof by the Minnesota Housing
Finance Agency, all in accordance with the Housing Act.
Notwithstanding the foregoing, however, the adoption of this
resolution shall not be deemed to establish a legal obliga-
tion on the part of the City or its Council to issue or
cause the issuance of such revenue bonds. The City retains
- 2 -
the right in its sole discretion to withdraw from participa-
tion and accordingly not to issue the Bonds, or issue the
Bonds in an amount less than the amount referred to in this
Section, should the City at any time prior to issuance
thereof determine that it is in the best interests Of the
City not to issue the Bonds, or to issue the Bonds in an
amount less than the amount referred to in this Section, or
should the parties to the transaction be unable to reach
agreement as to the terms and conditions of any of the docu-
ments required for the transaction.
Section 2. The staff of the City and the City Council
will take all actions necessary for review and comment on
the amendment to the Housing Plan by the Metropolitan Coun-
cil, and the holding of a public hearing thereon, and is
directed to take those actions necessary for review of the
Program by the Minnesota Housing Finance Agency pursuant to
the requirements of the Housing Act.
Section 3. The staff of the City is hereby authorized
and directed to take all steps necessary and desirable to
proceed to develop the Program and the financing therefor,
and to prepare for implementation of the Project at the
earliest possible date, provided, however, that no bonds
shall be issued pursuant to the Program until the Minnesota
Housing Finance Agency shall have had an opportunity to
review the Program in accordance with the Housing Act.
Section 9. The Developer has agreed and it is hereby
determined that any and all direct and indirect costs in-
curred by the City in connection with the Program and the
Project, whether or not the Project is carried to comple-
tion, whether or not the Program is accepted by the Minne-
sota Housing Finance Agency, and whether or not the City by
resolution authorizes the issuance of the bonds will be paid
by the Developer upon request.
Section 5. All commitments of the City expressed herein
are subject to the condition that the City and the Developer
shall have agreed to mutually acceptable terms and condi-
tions of a revenue agreement, the bonds and of other instru-
ments and proceedings relating to the bonds and their issu-
ance and sale.
PASSED AND APPROVED this 7th day Of April, 1987 .
Mayor of the City of Shakopee
- 3 -
ATTEST:
City Clerk
Approved as to form this day
of 1987.
City Attorney
4 _
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk(i�
RE: Liquor Liability/Pizza Huts hof the Northwest, Inc.
DATE: April 3, 1987
Introduction
The Pizza Huts of the Northwest, Inc. has not filed with the City
a liquor liability insurance policy which is a requirement of the
Shakopee City Code.
Background
The City Code requires that the liquor liability insurance policy
of a beer or liquor licensee be filed with the City within 90
days after the July 1st renewal date or within 90 days after a
new license is granted. The certified excerpt of 1987liquor
liability insurance for Pizza Hut expired January 1,
The
City had accepted a policy which would be expiring within the
middle of a licensing period because the cancellation clause
stated that the City would be provided with 10 days written
notice of non-renewal of the policy. 90 days has passed since
the January 1st effective date of the current policy and a
certified excerpt of the liquor liability policy has not yet been
filed with the City. The licensee has been notified of the
City's requirement.
Alternatives
to
er
revo
ation or
1 suspensiontof the 3.2 hbeer nlicenseonsiMay t5ca
, 1987 at 8:30
p.m.
2. Amend City Code eliminating requiring 3.2 beer licensee from
filing their liquor liability policy with the City. (This
is the first year the City has required the policies be
filed for 3.2 beer licensees. )
3. Ignore the City Code.
Recommendation
Alternative No. 1, set a public hearing to consider the
revocation or suspension of the beer license.
Recommended Action
Move to set a public hearing to consider the revocation or
of the
suspension of t , t257 Marschall Road, at 8:30 p.m. , Mayt
he 3. 2 beer license of Pizza
Northwest, Inc. , 5, 1987.
Jac/ims
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Developers Agreement - Century Plaza Square 2nd
DATE: April 3, 1987
Introduction:
The letter of credit for the overlot grading for Lot 1, Block 1, Century Plaza
Square 2nd expires on April 11, 1987, and the property owners are asking that
the City not require it to be renewed.
Background:
The letter of credit in the amount of $3,655.00 is for the overlot grading on
Lot 1, Block 1. All other plan A improvements contained in the developers agree-
ment have been completed.
Per the City Engineer (memo attached) the final grading will be a condition of
the building permit. I, therefore, see no need to require the property owner
to continue renewing the letter of credit every six months until there is const-
ruction and the grading completed.
Alternatives:
1. Require letter of credit to be renewed.
2. Allow the letter of credit expire.
Recommendation:
Alternative No. 2, allow the letter of credit to expire.
Action Requested:
Move that the letter of credit for the overlot grading for Lot 1, Block 1,
Century Plaza Square 2nd Addition be allowed to expire.
JSC/pss
MEMO TO: Judy Cox, City Clerk
FROM: Ken Ashfeld, City Enginee r"
SUBJECT: Century Plaza Square 2nd Addition
DATE: April 3, 1987
I have reviewed the request of Shakopee 84 Partnership dated
April 2, 1987 regarding a letter of credit for the Century Plaza
Square 2nd Addition. There is no additional grading necessary to
provide a buildable lot in an unimproved state. The final
grading plan will be controlled through the building permit
process.
Therefore, I recommend allowing the letter of credit to expire.
KA/pmp
PLAZA
SHAKOPEE 84 PARTNERSHIP
Route 1 , Box 163
Delano, MN 55328
April 2, 1987 AECFIVEO
APR ; 1987
CITY SHAKOPEE CITY OF SHAKOPEE
129 East 1st Avenue
Shakopee, MN 55379-1376
ATTN: Judy Cox, City Clerk -
Dear Judy :
We received a letter from John Anderson dated March 27 ,
1987, asking Shakopee 84 Partnership to extend the
Letter of Credit No. 1949 in the amount of $3,655.00.
This Letter of Credit is for the over-lot grading of
the Century Plaza Square Addition.
My partnership feels that this Letter of Credit should
be cancelled as the grading of that lot is not unsuitable.
At the time the lot is developed a grading plan and
overall site plan will be submitted to the City for a
building permit. We have contacted your City Engineer
who has inspected the lot. We would appreciate this
matter being brought up at the next Council meeting and
hope that th 'Letter of Credit can be cancelled.
We are to in rward to future development in Shakopee.
Ver y�r 1 you
Ga C. nYsch //
Par ne
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MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Amendment to the Joint Powers Agreement between
the City and School District No. 720 Creating the
Shakopee Recreation Program
DATE: March 27, 1987
Introduction
The City Council, School District 720 and Shakopee Community
Services Board met on March 16, 1987 to discuss organizational
changes for the Community Services Board which have been
recommended by School District 720. The meeting, which was
conducted by the Community Services Board, resulted in a
directive to the City and School District staff to draft
amendments to the Joint Powers Agreement. Staff was also
instructed to provide procedures by which existing community
Services "community education" programs would be identified and
transferred to the School District' s new community education
program.
Background
School District staff, George Muenchow and I met on March 24th
and March 26th. The results of the two meetings are listed
below.
1. The existing Joint Powers Agreement dated December 31, 1978
and amended April 14, 1981 is attached with proposed
amendments for Council and School Board consideration. The
draft amendments are in "legislative" form indicating which
phrases are recommended for deletion and which phrases are
being proposed. Key elements in the draft are the deletion
of the reference to community education, the deletion of
guidelines establishing a Community Services Advisory
Council, the removal of the Mayor from the seven member
board, resulting in a six member board, the addition of the
City Administrator and Superintendent of School as non-
voting ex-officio of the Board, and the installation of a
required three year review of the agreement.
2. Three criteria were established in determining which
Community Services programs would fall under community
education and which would fall under recreation. The three
criteria are as follows: (1) education - instructional, (2)
recreational - organized sports, and ( 3) leisure activities
- trips, special events, etc. It was decided that the
latter criteria would likely be jointly sponsored with the
key consideration for the actual operation of the activity
being "which department could best provide the activity
given facilities, experience, staffing, etc.".
Based upon these critiera, all present course offerings fall
within the category of youth or adult education with the
exception of two special events, the Climb Theatre play and
the Shakopee Showcase which could be jointly sponsored. All
recreational or organized sports activities would fall under
the new recreation department with the exception of the
maternity workout which would probably be community
education and jazzercise, skating instruction, swim club,
and gymnastics which are candidates for jointly sponsored
activities. In the special events category all offerings
would be recreation with the exception of the Beggers Opera
and the Minneapolis Chamber Symphony which would probably be
jointly sponsored activities. In the category of
tours/trips/travel all activities would be either
recreational or jointly sponsored activities.
Additional Reorganization Considerations
During the meeting on the 24th and 26th staff also discussed
office locations, computers and a number of miscellaneous
scheduling, facility and program advertising issues. The key
issues that we felt needed to be resolved prior to the
reorganization were office location and computer location.
It was agreed that the community education staff, once hired,
would be housed in school facilities. It was further agreed that
the computer equipment would be equally split between the new
community education office at the school and the new community
recreation office (existing Community Services building) . One
IBM AT computer and the laser printer would go to the school and
the second IBM AT computer and the dot matrix printer would
remain at the Community Services building.
Alternatives
The City and School District have had a joint recreation or
Community Services Board since April of 1954. All Joint Powers
Agreements exist at the pleasure of the sponsoring organizations.
It is clearly the desire of School District 720 to modify the
existing Joint Powers Agreement to bring community education
programing directly under its authority rather than having those
activities delegated to an independent board. Given the School
District's desires, returning Community Services to a deliverer
of recreation programing leaves a limited number of alternatives
for the City Council to consider in preserving the Joint Powers
Agreement.
1. Approve the proposed amendment to the Joint Powers Agreement
establishing a jointly sponsored recreation program. It is
the intent of the School District and the City to continue
the present funding formula under this alternative.
Removing a number of "community education - instructional"
�irrf-�
programs will affect the overall budget because the users
fees charged to those programs will be transferred to the
community education program run by the school. This is a
short term problem that can be managed by the Community
Services Board. For the longer term the Community Services
staff will have to analyze operating costs and income to
determine the appropriate program and staffing mix. It is
my understanding that the goal of both the School District
and the City is to make this transition as smooth as
possible.
2. Modify the draft amendments to the Joint Powers Agreement
based upon additional considerations presented by City
Council. The pros and cons of this alternative are similar
to alternative No. 1.
3. Choose to terminate the Joint Powers Agreement. This
alternative has not been explored by the City Council. It
would be difficult to respond to this alternative without
considerable investment of staff time and effort, and
without the possible disruption of delivery of services by
the proposed recreation program. If Council-members are
interested in this alternative it could be discussed at our
April goals and objectives meeting to determine whether or
not it should be studied in 1987.
Recommendation
I recommend alternative No. 1 for the reasons listed above. The
School Board has invested a considerable amount of time and
effort in formally studying an organizational structure that
works best for them in delivering community education programs.
The City, for its part, has not made a similar study for the
delivery of recreational programs and is therefore in no position
to present a carefully studied alternative structure for
recreation programmning.
Action Requested
Pass a motion authorizing the appropriate City officials to
execute an amended agreement dated April 13, 1987 between the
City of Shakopee and Independent School District No. 720
concerning the operation of a jointly sponsored recreation
program.
JRA/jms
AGREEMENT BETWEEN THE CITY OF SHAKOPEE
and3!
INDEPENDENT SCHOOL DISTRICT NO. 720
CONCERNING THE OPERATION OF A JOINTLY SPONSORED QQ'y{3p Vic.
C�MMNfFTMIf-EDUCATFBM- B RECREATION PROGRAM IAKop-
1p
WHEREAS, the Independent School District no. 720 is organized
for the purpose of providing public school education, including at
its discretion, public evening, adult and continuing education programs
and associated recreation program within it geographical boundaries;
.md
WHEREAS, The City of Shakopee is authorized to, and does, in
cooperation with the said School District, provide recreation and
civic programs for citizens within its geographical boundaries; and
WHEREAS,. ON_April _21, 1954. Ordinance No. 129 was approved
establishing a.Joint recreation board and defining its powers and
duties; ane,
WHEREAS, on December 31, 1978, and amended on April 14, 1981
an agreement was entered into between Independent School District
No. 720 and the City of Shakopee Providing for the establishment
and operation of a jointly sponsored Community Education and Recreation
Program, and
WHEREAS, it is the mutual desire of the parties to update and
revise the said agreement.
THEREFORE, this agreement is made amended and entered into as
of-Aaarh-2-1982 April 13, 1987 by and between Independent School
I
District No. 720, hereinafter referred to as City, pursuant to
authority contained in Minnesota Statutes 471.59.
Parties hereto agree as follows:
1. PURPOSE OF AGREEMENT
the Sponsors shall severally, jointly, and cooperatively
pursuant to the board authority contained in Section 471.59 inclusive,
of Minnesota Statutes and other applicable statutes and their
respective and implied powers, establish and operate and Community
Recreation Sewfees Program.
A. The term Community Recreation dervfaes Program is defined
as follows:
The Camunity, Recreation Serviees Program will include
aduft,-cdaea,1tvranand recreation and leisure time activities
in the broadest sense. School District and City
facilities will be utilized, as well as private resources
when available, to carry out the Community Recreation
Serviees Program. The Community RecreationServf
Program will serve residents of-al I—ages and
socio-economic status within the boundaries of the
Sponsors.
B. The responsibility for the operation of the Community
Recreation Ser ki Program shall rest with the Sponsur.
through the Community Recreation Serviees Board.
Recommendations from the Community Education Sevviee-.
Advisory Council shall be received periodically by the
Community Recreation Services Board.
2. Cp1gRIN ITY RECREP11ON S€RV{C€S BOARD
The Community Recreation Se 16es Board shall consist of
six_ tew'n voting members' 1;he-NaYwr-W--Nw-Ci Ey. a nxrnibrr
of the City Council, a member of the School Board, four
citizen members, two of whom shall be appointed by the WY
Council and two by the School Board. All T .,.hien member,
shall serve for a minimum of two years. Their terms of
office will conclude in differing years. The four citizens
serving on the predecessor Shakopee Community _Services
Recreation Board shall ranl:inu: fuuctiening in the same
capacity on the new Community Recreation Sesvfees I:ua rd
with the same term of office. All appointees shall servo
until successors are appointed. The it PCninistra Mr
and the Superintendent. of Wools shall "r-ve as ex-nlli�.in
non-votfny)_nembers of the Cmmnunfty Recreation_Board.
A vacancy shall be filled for the unexpired tern, of
office by the appropriate appointing body. This Board shall
at the beginning of each fiscal year select a Chairperssu,
a Vice-Chairperson. and a Secretary. A majority shall
constitute a quorum for the transaction of business. the
Board shall meet monthly.
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1. -4. FINANCE
A. The Sponsors shall make financial contributions to the
Community Recreation Services Board to fund the operation
of the Community Recreation -See*ic� Program exclusive
of fees collected for various activities. The governing
body of each of the Sponsors will approve the amount
of the contribution to be made by that body. Financial
support of the Community Recreation SeFviees Program
shall be shared on the basis agreed to by the Sponsors.
The Annual Community Recreation SeFviams Budget.
as recommended by the Community Recreation Sopvfees
Board, shall he submitted to each sponsor for action
on approval on or before July August 25 of each year.
The budget shall set forth the proposed program of
activities in the ensuing year to be provided on a School
District wide basis, and within each of the participating
municipalities. Additional contributions may be made
by either or both Sponsors, within their taxing authority
and budget, as determined at the discretion of each
governing body. Contributions from other individuals,
groups and agencies can also be accepted.
D. All personnel hired to establish and operate the Community
Recreation Services Program shall be paid from the
Cmammity Rrorcatipn Sesame• Board fund. The City of
Shakopee will act as the fiscal agent.
C. Each sponsor shall endeavor to make application for
all County, State and federal grants and funds, and
private and foundation resources that may be available
to it if the requirements or conditions necessary to
obtain such grants and programs are acceptable to it.
D. It is understood and agreed that the Community Recreation
Service Board shall endeavor to purchase equipment and
supplies for the Community Recreation Services Program
through purchasing procedures which will be most
beneficial to the program. Contracts let and purchases
ma do under this agrecmmt shall conform to the
requirements applicable to contracts and purchases of
the fiscal agent.
E. At the end of each year the Community Recreation -S r ice,,-
Board shall cause an audit to be performed of funds
expended in the previous year. A copy of the annual
report shall be submitted to each sponsor of this
agreement.
F. At the end of each year the Community Recreation ieryt .-
Board shall prepare a report of activities conducted
and submit this report to the Sponsors. The annual
report shall be in a form such that it can be compared
to the proposed program on which the annual budget ii—
been prepared.
4. x. CONTRIBUTION OF PROGRAMS AMD FACILITIES BY SPONSORS
A. Each Sponsor shall, after receiving the recommendations
of the Community Recreation Sewiees Board, determine
which of its lands, buildings, equipment and programs,
(hereinafter called 'Public Resources`) will be made
available to the Community Recreation Services Program.
B. The costs of maintenance, upkeep and utilities for the
Public Resources made available by the Sponsors will
Ix borne generally by the respective owning '.ponsor.
� The Community Recreation Ser cies Director shall bring
to the attention of the appropriate municipal or school
official items in need of repair or maintenance.
C. Each Sponsor shall maintain public liability insurance
coverage upon its Public Resources made available for
the Community Recreation Services Program.
fl mu�
5. 6: SUPERVISION OF PROGRAM
All activities of the Community Recreation Servsees Program
will be under the direct supervision of the Community Recreation
xrvices Board. The Community Recreation Servfees Director shall
carry out the objectives and goals of the program as approved by
fhe Commnity Recreation -Ser" es Board.
6. -7: PERSONNEL
A. The Community Recreation Serviees Board shall establish
standards and qualifications for (1) the Director and
(2) any additional personnel deemed to be necessary
to be hired for the Community Recreation Services Program.
B. The Community Recreation -Servfees Board shall establish
the salaries of all personnel to be hired for the
Community Recreation Sery ees Program.
C. Employees of the Community Recreation Servites Board
shall be under the direct supervision of the Community
Recreation Se+wites Director.
1. & LENGTH OF AGREEMENT
This agreement shall remain in effect and shall govern the
jointly sponsored Community Recreation SerYTtes- Program of the City
and School District, subject, however, to the right of either party
to terminate this Agreement an December 31 of any year. Written
notice of termination must be given to the other party at least on
year prior to the date of proposed termination. Beginning in 1987,
at least once eveL three years, the sponsoring organizations shall
review the provisions of-this agreement.
In the event of a termination of this agreement, all surplus
funds will be distributed to the Sponsors in proportion to the amount
contributed over the lifetime of the agreement. Property purchased
under this agreement will be distributed to the Sponsors in the same
way.
Each of the Sponsors hereto shall be individually liable for
its equal share of all debts and liabilities incurred by the Community
Recreation Serviees Program.
g_ 4. NONDISCRIMINATION
A. Admission and access to, full utilization of and benefit
from the Community Recreation Sefwi<es Program shall
I available to all residents of the Community without
regard to race, color. creed, religion, national origin.
and without regard to sex except as may be necessary
as a bona fide requirement of a specific cmmze service
of said program.
B. No applicant for employment hired pursuant to this
Agreement shall be discriminated against with respect
to that person's hire, tenure. compensation, terms.
upgrading, conditions. facilities. or privileges of
employment by reason of race, color, creed, religion.
national origin, or sex except as may be based upon
bona fide occupational qualifications.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their respective duly authorized officers pursuant
to the authority granted by the attached resolutions adopted by flip
Shakopee City Council and Independent School District no. 720.
INDEPENDENT SCHOOL DISTRICT N0. 720
SHAKOPEE CITY COUNCIL
SCOTT COUNTY, MINNESOTA
Chairperson Mayor
Superintendent City Administrator
Date City irk
ate.___
MEMO TO: John R. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk r-)
RE: Regulating Horse Drawn Carriages
DATE: April 3, 1987
Introduction
On March 4, 1987 Council directed that the draft ordinance
prohibiting animal drawn vehicles be rewritten to prohibit
activities North of 10th Avenue and East of Marschall Road, only.
Background
If it is Council's desire to permit horse drawn carriages in
certain parts of the community and prohibit them in other parts,
it would be appropriate to also establish any desired regulations
at this time. The attached draft ordinance is a composit of the
ordinances of Minneapolis and Excelsior and comments from the
Police Chief, City Attorney and City Administrator.
Primarily the ordinance:
1. Requires insurance on the vehicles.
2. Requires routes to be submitted.
3. Requires the vehicle to be in good operating condition.
4. Does not require operator to hold a drivers license, but
does require operator to be at least 21 years of age.
5. Requires inspections of each horse.
6. Requires diapering of each horse.
7. Allows for the recall of permits if the surface of streets
traveled are being impaired by horses hoofs.
8. Limits hours of operation.
9. Provides for the designation of loading zones.
10. Requires posting of rate structure.
11. Restricts animal drawn vehicles from public streets North of
10th Avenue and East of Marschall Road.
Alternatives
a. Approve draft.
b. Make desired changes to draft.
Recommended Action
1. Remove Ordinance No. 214 from the table.
2. Discuss draft ordinance, make desired changes, direct
prepration of final draft for Council consideration at a
later meeting.
3. Table Ordinance No. 214.
JSC/jms
DRAFT
ORDINANCE NO. 214
An Ordinance of the City of Shakopee, Minnesota, Amending
Shakopee City Code Chapter. . . . .
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS:
SECTION I: The Shakopee City Code is hereby amended by the
addition o£ Section to read as follows:
SECTION Horse and Carriage Livery Services.
Subd. 1. Section of code applicable. All persons, firms
and corporations operating a Horse and Carriage Livery Service,
within the city limits, shall comply with this ordinance and all
other appropriate ordinances of the City of Shakopee.
Subd. 2. Definition. Horse and Carriage Livery Service
shall be defined as a horse drawn, four wheel carriage for hire,
which shall be driven by the owner or his designated driver for
the recreational transportation of the public.
Subd. 3. 2
er1
it required. Permits for the operation of
Horse and Carriage Livery vehicles shall be issued by the
directive of the City Council by the City Clerk, annually, and
shall expire on December 31st of each year. Each permit so
issued shall only be issued and/or renewed on the payment of an
annual fee as prescribed by resolution and upon proof of general
liability insurance, in the minimum amount of Three Hundred
Thousand Dollars ($300,000.00) . Routes authorized to be traveled
and preset tour routes planned by owner shall accompany the
permit. There may be attached such other restrictions and
limitations to the permit as is deemed appropriate for the
protection of public health and welfare.
Subd. 4 Vehicle operation. All vehicles shall be operated
in a manner so as to assure the safety of passengers and animals
and in accordance with all appropriate federal and state laws and
local ordinances. Each vehicle authorized to be operated on the
streets of this city shall be kept in good mechanical and running
condition. Each vehicle shall display a two digit identification
number conspiciously on the right side of the carriage which
shall be the same number assigned to the vehicle by authorizing
permit.
II '�
Subd. 5 Driver of vehicle. The driver of such vehicle shall
be at least 21 years of age and possess normal good health, eye
sight and hearing.
Subd. 6 Maintenance of animals. Prior to being employed
each horse shall be inspected and certified as fit for the type
of workload anticipated. This inspection shall be performed by a
licensed veterinarian, and the certification shall be filed with
the City Clerk. Reinspection and recertification shall be
performed as needed, not to exceed One Hundred Twenty (120)
calendar day intervals. All records of such inspections and
certifications shall be maintained by the owner and available for
review by the appropriate authorities. Horses stabled within the
city limits shall be exercised as required to maintain health and
fitness.
Subd. 7. Sanitation. Each horse employed under this
ordinance while 'on the street' shall be diapered with an
appropriate and sanitary contraption, designed specifically for
this purpose. In the event of a mishap it shall be the
responsibility of the driver/owner to immediately remove or
otherwise clean the street, sidewalk or property in the general
area of the mishap.
Subd. 8. City streets. Any permits issued hereunder may be
recalled if the City Council determines that the surface of the
city streets traveled by the livery service is being impaired by
the horses' hoofs.
Subd. 9. Hours of operation. No Horse and Carriage Livery
service shall be conducted after sunset and before 8:00 a.m. No
Horse and Carriage Livery service shall be conducted between the
hours of 4:00 p.m. and 6:00 p.m. on weekdays. The horse,
carriage and its driver must be 'off the street' and absent from
all loading zones during these times.
Subd. 10. Loading zones. The Council may designate and
authorize specific locations on public streets as horse and
carriage loading zones. The owner may negotiate with individual
property owners for loading zones on private property which
information shall be filed with the City Clerk.
Subd. 11. Rates. The rate structure shall be posted on the
carriage clearly and visible to entering and seated passengers.
Drivers shall clearly explain rates to passengers before
commencing ride.
Subd. 12. Operation of certain vehicles prohibited in
certain areas. No horse drawn carriage or any 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 north of Tenth Avenue
extending and east of Marschall Road.
Subd, 13. Penalty. Failure to comply with this ordinance's
provision by the owner may result in suspension of permit.
SECTION II: Adopted by Reference
licable
o the
The general provisions and
provisionss of Chapter t
Chapter l and
entire City Code including Pena
Sectionentitled "Violation a Misdemeanor or Petty
Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim herein.
SECTION III: When in force and effect
After the adoption and attestion of this Ordinance, it shall
er of
andPushalledbe ine official onelty of Shakopee
andafter the date
following such publication.
Passed in �— session of the City Council day the
city of Shakopee, Minnesota, held this
1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
987.
day of 1
City Attorney
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Vacation of Austin Street South of Davis Court
DATE: April 3, 1987
Introduction
The City has received a petition from Mr. James Hauer requesting
the vacation of Austin Street south of Davis Court. A notice of
the public hearing will be mailed to the property owners abutting
all three sides of Austin Street.' The developers of the property
to south are not proposing to connect to Austin Street.
Alternatives
1. Adopt Resolution No. 2710, setting a date for the public
hearing.
2. Do not adopt Resolution No. 2710.
Recommendation
Alternative No. 1, adopt Resolution No. 2710.
Action Requested
Offer Resolution No. 2710, A Resolution Initiating the Vacation
of Austin Street South of Davis Court, According to the Plat of
J.E.J. 2nd Addition to the City of Shakopee, Scott County,
Minneosta, and move its adoption.
JSC/jms
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RESOLUTION NO. 2710
A RESOLUTION INITIATING THE VACATION OF AUSTIN STREET
SOUTH OF DAVIS COURT, ACCORDING TO THE PLAT OF J.E.J. 2ND
ADDITION TO THE CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA
WHEREAS, a petition has been received by abutting property
owners, requesting the vacation of Austin Street south of Davis
Court within the plat of J.E.J. 2nd Addition, and
WHEREAS, it has been made to appear to the Shakopee City
Council that the said street serves no public use or interest,
and
WHEREAS, a public hearing must be had before such action can
be taken and two weeks published and posted notice thereof must
be given.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the
Council Chambers on the 5th day of May, 1987 at 8:15 p.m. , or
thereafter, on the matter of vacating the public right-of-way of
Austin Street south of Davis Count, J.E.J. 2nd Addition to the
City of Shakopee, according to the plat thereof.
BE IT FURTHER RESOLVED, that two weeks' published notice be
given by publication in the Shakopee Valley News and posted
notice be given by two weeks posting a copy of such notice on the
bulletin board in the main floor of the Scott County Courthouse,
on the bulletin board in the Shakopee City Hall and on the
bulletin board in the First National Bank of Shakopee.
Adopted in 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
TO: John K. Anderson, City Administrator
1
FROM: Gregg Voxland, Finance Director
RE: 1987 Payplan Amendment Resolution No. 2712
DATE: April 3, 1987
Introduction
The 1987 payplan has a footnote for merging the current Ass't Building
inspector onto the payplan that should be modified.
Back rg ound
The payplan currently provides that the Asst Building Inspector will move
to the top step on his anniversary date which is 3/26/87. Council previously
granted two years service credit based on part-time building inspection work
and related engineering work experience, and the anticipation that he would be
certified for Class II before his anniversary date (see attached memo).
Due to an unanticipated time requirement, the employee has not received
the class II certification as anticipated. He has taken the test for class I
and expects toreceivecertification any day. His intention is to take the
class II test as soon as he is allowed to. Neither Class I or II is required
by the state for him to work as an Asst Inspector for the city.
The situation has been discussed with the employee. Staff proposes that
the employee be moved to the top step of the payplan effective the day that he
brings in his class I certificate since it is already after the anniversary
date and since a class II certificate is not a requirement and the date when he
would be able to test is not known.
Alternatives
1. Leave payplan as it stands and move employee to top step as of 3/26/87.
2. Modify payplan to move employee to top step after anniversary date and upon
receiving class I certificate.
3. Modify payplan to move employee to top step after anniversary date and upon
receiving class II certificate.
Recommendation
Alternative 2.
Action Recuested
Offer Resolution No. 2712, a resolution amending Resolution No. 2665
adopting the 1987 Payplan.
Resolution Number 2712
A Resolution amending Resolution Number 2665 adopting the 1987 Payplan.
WHEREAS, the Shakopee City Council did pass Resolution No. 2665 adopting
the 1987 Payplan, and
WHEREAS, subsequent events and circumstances make it desirable to amend
said payplan,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shakopee, Minnesota, that the 1987 Payplan is hereby amended as follows;
The last page containing the footnotes for the 1987 Payplan is hereby
deleted and replaced with the attached page.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of April, 1987.
Mayor of the City of Shakopee
ATTEST:
City Clark
Approved as to form this
day of April, 1987.
City Attorney
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TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Lodging Tax on Campgrounds
DATE: April 2, 1987
Introduction
The attached information was received regarding the City tax on lodging.
The campground association maintains that the law does not permit taxing
campgrounds unless the campground is a municipal campground.
Back rg ound
Council adopted the attached Ordinance 0212 in January 1987 which levied
the three percent tax on hotels, motels and campgrounds in the City of
Shakopee. State law does not specifically mention campgrounds as being taxable
except if it is a municipal campground. The City Attorney believes that
campgrounds are taxable. The campground association firmly believes that
campgrounds are not taxable unless municipally owned. The City Attorney should
also have some more information by the council meeting after discussing the
situation with the League attorney.
The Tourism and Convention Bureau was appraised of the situation and Mr.
Mears reported that they had not counted heavily on camping receipts and
therefore the loss would not have a significant affect on their plans.
Alternatives
1. Status Quo and proceed with trying to collect the tax on campgrounds. This
will probably result in the courts settling the issue with either the City or
the campgrounds initiating the lawsuit.
2. Amend the ordinance to exclude campgrounds from the tax.
Recommendation
Chose alternative after hearing from City Attorney. In case of
alternative no. 2 being chosen, action is drafted below. In case of
alternative 1, no action is needed.
Action
Offer Ordinance #216, An Ordinance of the City of Shakopee, Minnesota
Amending Ordinance No. 212 Which Amended the Shakopee City Code Chapter 6
Entitled "Other Business Regulations and Licensing" By Imposing a Lodging Tax,
Providing for the Payments and Use Thereof and By Adopting By Reference
Shakopee City Code Chapter 1 and Sections 6.99, Which Among Things Contain
Penalty Provisions.
ORDINANCE # 216
Fourth Series
An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code
Chapter 6 Entitled "Other Business Regulations and Licensing" By Imposing a
Lodging Tax, Providing for the Payments and Use Thereof and By Adopting By
Reference Shakopee City Code Chapter 1 and Sections 6.99, Which Among Things
Contain Penalty Provisions.
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA ORDAINS:
Section I: The Shakopee City Code Section 6.44 is hereby amended by striking
the word campsite from Subdivision A.
Section II: The Shakopee City Code Chapter 1 entitled "General Provisions and
Definitions applicable to the entire City Code including penalty for
violations" and Section 8.99 entitled "Violations a Misdemeanor or a Petty
Misdemeanor" are hereby adopted in their entirety by reference as though
repeated verbatim herein.
Section III: 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 Shakopee 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 April, 1987
City Attorney
C;
Julius A.COl.LER.11 _.
JUL:US AC ATTOnNEY AT Lew
e59 ,n.o SHAKOPEE.MINHESOTA RECEIVED
553:s
MAR 2 7 1987
March 25, 1987
el)Y CF SHAKOPEE
Mr. Greg Voxland
Shakopee City Treasurer
Shakopee City Rall
129 East First Avenue
Shakopee, Minnesota 55379
Dear Greg:
You state that someone has contended that MSA 477 A.018 Subd 1 does not
apply to a private campground. Just exactly what is meant by a private
campground is not clear. If it is for the sole use by the owner it
clearly would be a private campground, if it is otherwise, I would
submit that it is not a private campground.
Section 477 A.018 provides in part that a city may by ordinance impose
a tax on the gross receipts from the furnishing for consideration of
lodging at a hotel, motel, rooming house, tourist court or resort. A
resort is defined by Webster's New World Dictionary as a place of rest
or recreation and a tourist court is defined the same as a motel.
In my opinion the words tourist court or resort are inclusive and
cover any type of a camping ground except as above pointed out and that
such tourist court or resort are subject to the tax imposed by
Minnesota Statutes above cited.
Res tfully submitted,
Julius A. Coller, II
Shakopee City Attorne
JAC/nh
P ASS
SD oc,9:
F 21000 E. 1461h 51.
"YOUR VOICE IN THE CAMPING INDUSTRY" Suite 121
-— Bumsv0le. MN 55337
g (612)432-2226
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OOND Uot
RECEIVED
March 26, 1987 MAR 2 7 1987
Gregg Voxland
CITY OF S".' • EE
Financial Director
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
Mr. Voxland,
In regard to the imposition of the lodging tax on campgrounds:
There is absolutely no doubt it was the intent of the legislature
to exempt campgrounds from the local option lodging tax with the changes
made in 1985.
(1) Campground sites are not lodging. They are
considered a service which is why campground
sites are not sales taxable.
(2) The 1983 statute used the term "or other use
of transient". This was in addition to
"lodging at a hotel, motel, rooming house,
Tourist Court." In 1985 when the statute was
extended to include "towns", that term was
removed and "resorts" was inserted. The A.G.
had ruled "other use of space by a "transient"
did include campgrounds.
(3) Because several cities did want to tax
"municipal campgrounds" they were specifically
included. If campgrounds could be taxed that
would not be necessary.
I hope this letter is of assistance to you.
Sincerely,
Al Brodie
Executive Vice President
/z,
SPECIAL REPORT
LOCAL OPTION
LODGING TAX
AUGUST 1986
]JA
MINNESOTA MOTEL ASSOCIATION
1000 E. 146 ST.
SUITE 121
BURNSVILLE. MN 55337
(612) 4322224
SPECIAL RETORT
LOCAL OPTION LODGING TAX
In Pi8_ the Minnesota Leqislature passed what has become
know as the Local Option Lodging Tax or "Bed Tax" . Because
passage of such legislation was inevitable, the Minnesota Motel
Association was instrumental in drafting language that would
insure that the great majority of funds collected from such a tax
would be used to promote the area as a Tourism and/or convention
area.
The Minnesota Motel Association was successful in its
efforts. As a result 95% of the proceeds collected must be
used to fund a local convention or visitors bureau for the
purpose of "marketing and promoting the area as a tourism or
convention area" . The remaining 5% could be used for collection
or other purposes. -
An Attorney General 's opinion in 1985 narrowly defined the
terms market or promote. The opinion states the dedicated portion
(95%) of these funds may not be used for capital expenditures,
i .e. buildings, civic centers, roads or other city improvements.
The Attorney General 's opinion is a part of this report as is the
statute itself.
The 1983 statute gave home rule or statutory cities the
option, by ordinance (city council ) , to enact a tax of up to Z%
on the proceeds of a lodging facility other than those rented or
leased for at least a period of 30 continuous days. Thus the
usual rent on an apartment, for example, could not be taxed.
In 1985 the statutes were amended to allow towns. (townships
with elected officials) or unorganized townships to also enact
such a tax. In 1985 the legislature also specifically e>:empted
campgrounds with the exception of certain municipal campgrounds.
In statutory and home rule cities, the tax may be imposed by
ordinance on the municipal campground.
• Towns may enact such a tax at their annual meeting (usually
in Marchi by a vote of towns people, not elected officials, in
attendance -- true Democracy.
The county acting on behalf of an unorganized township (no
elected officials) may. by resolution (county board) . enact such
a tax in the unorqanized township. This is subject to reverse
referendum. The people in the unorganized township may vote down
the tax. Only in the case of an unorganized township may a
county enact the tax.
fhe cities, towns and townships have the authority to enter
into a joint powers agreement. For example, an area convention
and visitors bureau could be created and one enity, possible the
city treasurer could be designated as the tax collector. While
tt,e statutes allow the area to use the state as the tax
collector, as of this report, the Department of Revenue has
indicated they will not do so. Because of their current computer
set up, 5% is insufficent to cover the collection cost.
A couple of suggestions: Use caution in estimating possible
revenues from such a tax. Figures available from the Department
of Revenue are "Gross Receipts from Lodging Establishments by
Re�ortin2 Address. " Beside actual lodging receipts these numbers
could include food, drink and other items included in gross
sales. In resort areas it is possible for a facility outside of
the area, where the proposed tax is to enacted, to have a
r'eportinq address in the area. Also individuals owning multiple
facilities could be reporting several in the proposed taxing area
or could be reporting one in the area somewhere else. The actual
physical location determines if the facility is in the taxing
area. The best way to get actual lodging receipts is for all the
affected properties to report actual lodging sales to one trusted
person. - - --
Problems have arisen in communities in which the lodging
industry was not a participant in initial discussions. Plans for
a lodging tax should include early if not initial discussion with
the lodging industry.
Cities currently using the Lodging Tax include (as of August
]9E6, Winona, Austin, Albert Lea, Faribault, Worthington,
FI ar,L:atq, Marshall , Moorhead, Thief River Falls, and Ely. Cities
close to enacting the tar, include Grand Rapids and New Ulm.
Uther cities using a lodging tax adopted by various other means
include St. Cloud, Duluth , St. Paul , Minneapolis, Bloomington and
Rochester.
Please call the 11MA office if you have any questions,
477A.018 LOCAL LODGING TAX.
Subdivision 1. AUTHORIZATION. Notwithstanding section 477A.016 or any other law, a
statutory or hone rule charter city may by ordinance, and a town may vote at its annual
meeting, impose a tax of up to three percent on the gross receipts from the furnishing for
consideration of lodging at a hotel, motel , rooming house, tourist court, or resort other
than the renting or leasing of it for a continuous period of 30 days or more. A statutory
or home rule charter city may by ordinance IMPOSE, the tax authorized under this subdivision
on the camping site receipts of a municipal campgrounr_
Subd. 2. EXISTING TAXES. No statutory or home rule charter city or town may impose a
tax under this section upon transient lodging that, when combined with any tax authorized by
special law or enacted prior to 1972, exceeds a rate of three percent.
Subd. 3. DISPOSITION OF PROCEEDS. Ninety-five percent of the gross proceeds from any
tax imposed under subdivision 1 shall be used by the statutory of home rule charter or town
to fund a local convention or tourism bureau for the purpose of marketing and prom ing the
city or town as a tourist or convention center. This subdivision shall not apply I'. any
statutory or home rule charter city or town that has a lodging tax authorized by special law
or enacted prior to 1972 at the time of enactment of this section.
Subd. 4. UNORGANIZED TERRITORIES. A county board acting as a town board with respect to
an unorganized territory may impose a lodging tax within the unorganized territory according
to this section if it determines by resolution that imposition of the tax is in public
interest.
Subd. 5. REVERSE REFERENDUM. If the county board passes a resolution under subdivision
4 to impose the tax, the resolution must be published for two successive weeks in a newspaper
of general circulation within the unorganized terri±,ry, together with a notice fixing the
date of public hearing on the proposed tax.
The hearing must be held not less than two weeks nor more than four weeks after the first.
publication of the notice. After the public hearing, the county board may determine to take
no further action, or may adopt a resolution authorizing the tax as originally proposed or
approving a lesser rate of tax. The resolution must be published in a newspaper. of general
circulation within the unorganized territory. The voters of the unorganized territory may
request a referendum on the proposed tax by filing a petition with the county auditor within
30 days after the resolution is published. The petition must be signed by voters who reside
in the unorganized territory. The number of signatures must equal at least five percent of
the number of persons voting in the unorganized territory in the last general election. If
such a petition is timely filed, the resolution is noteffective until it has been submitted
to the voters residing in the unorganized territory at a general or special election and a
majority of votes cast on the question of approving the resolution are in affirmative. The
commissioner of revenue shall prepare a suggested form of question to be presented at the
referendum.
Subd. 6. JOINT POWERS AGREEMENTS. Any statutory or home rule charter city, town, or
county when the county board is acting as a town board with respect to an unorganized terri-
tory, may enter into a joint exercise of powers agreement pursuant to section 471.59 for the
purpose of imposing the tax and disposing of its proceeds pursuant to this section.
477A.019 COLLECTION.
The statutory or home rule charter city may agree with the commissioner of revenue that
a tax imposed pursuant to section 477A.018 shall be collected by the commissioner together
with the tax imposed by Minnesota Statutes, chapter 297A, and subject to the same interest,
penalties and other rules and that its proceeds, less the cost of collection, shall be remit-
ted to the city.
J _
CITIES: POWERS: LODGING TAXES: DISPOSITION OF PROCEEDS .
The City of Winona has no authority to use ninety-five percent of
city lodging tax revenues to finance capital expenditures such as
a cross-country ski trail. Minn. Stat. 5 477A.018, subd. 3
(1983) .
January 30, 1985
Mr. Richard F. Blahnik
City Attorney, City of Winona 59a-44
Winona City Hall (Cr. Ref. 59a-22,
4th and Lafayette Streets 476b-2)
Winona, Minnesota 55987
Dear Mr . Blahnik:
In your letter to Attorney General Hubert H . Humphrey,
III , you present substantially the following:
FACTS
The City of Winona' s Tourist Bureau would like to use
the funds it receives from the hotel and motel lodging tax
imposed under Minn. Stat. 5 477A.018 , subd. 1 (1983) to
finance capital expenditures such as building a cross-
country ski trail.
You then ask substantially the following:
QUESTION
Does Minn. Stat. 5 477A.018, subd. 3 (1983) authorize
the City of Winona tourist bureau to expend revenues it
receives from the city lodging tax to finance capital
expenditures such as building a cross-country ski trail?
OPINION
We answer your question in the negative. Minn. Stat.
5 477A.018, subd. 3, reads as follows:
Mr . Richard F. Slahnik
page Two
January 30, 1955
Disposition of proceeds. Ninety-five percent
of the gross proceeds from any tax imposed under
subdivision 1 shall be used by the statutory or
home rule charter city to fund a local convention
or tourism bureau for the purpose of marketing
and promoting the city as a tourist or convention
center . . . .
The plain language of Minn, Stet, S 477A.018, subd, 3 ,
empowers cities such as Winona to establish local convention or
tourism bureaus using ninety-five percent (95%) of the funds
generated by city lodging taxes. The statute limits the further
use of these tax revenues to 'the purpose of marketing and
promoting the city as a tourist or convention center . .
' The
question then becomes what expenditures will be considered to
meet the specific purpose stated in the statute.
The legislative directive in Minn. Stat. S 477A.018 ,
subd, 3 , clearly contemplates expenditures for advertising or
similar types of marketing or promotion of a city as a tourist or
convention center . While it could be argued that building a
cross-country ski trail or undertaking other capital expenditures
are for the purpose of marketing and promotion because tourists
would thereby be attracted to the city, we do not believe that
this is what the legislature intended for the following reasons .
It is an established principle that cities have only
the powers granted to them by the legislature , e.g. , Rronschnabel
V. City of St. paul , 272 Minn, 256, 137 N.W.2d 200 (1965) . The
Mr . Richard F. Blahnik
Page Three
January 30, 1985
language of Minn. Stat. S 477A.O38, subd. 3, does not mention
capital expenditures. Other statutes unambiguously give cities
authority to use their general revenues for parks and recreation.
See Minn. Stet. S 471.15 at. seg; Cf . Minn. Stat. S 85.44 . If
the legislature had intended that revenues generated by city
lodging taxes be spent in this way it would have so stated.
Among the factors to be considered in construing a
statute are the legislative history, the consequences of a
particular interpretation, and the legislature' s intent that the
entire statute be effective and certain. Minn. Stat. $S
615.16 (6) and 615.17 (2) .
Our examination of the legislative history of Minn.
Stat. S 477A.018, subd. 3, indicates that the legislature did not
intend to authorize the use of city lodging tax revenues for
capital expenditures. An amendment to the House Bill , A.F. 680 ,
which would have authorized construction of a civic or convention
center and would have broadly stated that the tax revenues could
be used 'to otherwise promote tourism' was defeated in committee.
The final bill had much more restrictive language concerning how
the funds were to be spent. Also, some of the bills considered
by the legislature on this subject matter provided that only
fifty percent of the tax revenues be spent on promotion of
tourism. The fact that the legislature had to decide how much of
Richard F. Hlahnik
page Four
January 30, 1985
the tax revenues must be spent in accordance with the restric-
tions in the statute, demonstrates that the legislature was aware
that those tax revenues the expenditure of which was not governed
by Minn. Stat. 5 177A.018, subd. 3, could be used by cities for
many other municipal purposes. Since the legislature enacted a
bill which earmarked ninety-five percent of the tax revenues for
tourism promotion, it made a choice that the vast majority of the
money be spent strictly for that purpose.
Regarding the other factors to be considered in
ascertaining legislative intent, if the statute were to be
Interpreted as allowing the use of lodging tax revenues for
capital expenditures, then the statute could be interpreted to
include virtually any expenditure which arguably enhances the
attractiveness of the city. It would be difficult to see where
any distinction could be drawn between what use of funds would be
authorized or not. To construe Minn. Stat. 5 177A.018, subd. 3,
as authorizing capital expenditures would effectively remove the
limitation on spending, namely tourism promotion, which the
legislature imposed, and would render a significant portion of
the statute ineffective and useless.
Minn. Stat. 5 477A .018 , subd. 3, is silent as to how
the remaining five percent of city lodging tax revenues may be
r ;
Mr. Richard P. Blahnik
Page Five
January 30, 1985
spent. Absent legislative restriction, we believe these monies
can be spent for any authorized public purpose.
Based on the foregoing, it is our opinion that the City
of Winona is not authorized to use ninety-five percent of the
revenues generated by its city lodging tax to build a cross-
country ski trail. The city will have to independently consider
how it wishes to utilize the remaining five percent of the tax
revenues .
Very truly yours,
HUBERT H. HUMPHREY, III
Attorney General
MICHELE M. OWEN
special Assistant
Attorney General
MMO/bw
9 ai
MEMO TO: John K. Anderson, City Administrator
��n�
FROM: Judith S. Cox, City Clerk 1
RE: Purchases From Elected Officials
DATE: April 7, 1987
After Councilman Clay attended a workshop for newly elected officials, he asked a
question relating to City purchases from a councilperson. According to Mr. Coller's
interpretation, Council would have to adopt a resolution before property or services
could be obtained from an elected official determining that 1) the property or
services can not be otherwise obtained in the government unit and 2) that the
price is as low as, or lower than the price elsewhere.
JSC/pss
<1 Y:i�•.R� N L.J
MAR 17 1981 r j
cJULIus A.COLLEH, 11
JULIUS
asa. CUL R A=ommHr Ar law E GITY OF SHA�KQPEZ-,
94� 211 WEST FIRST AVENU
SHAKOPEE,MINNESOTA
33329
Memo to: Judy Cox, City Clerk
From: Julius A. Collar, II, City Attorney Its
Date: March 16, 1987
RE: Interpetation-MA 471.89 Subd 2
Subd 2 of 471.89 provides _ "Except in an emergency making such procedure
impracticable, ,the governing body of the governmental unit shall authorize
the contract in advance of its performance by adopting a resolution setting
out the essential facts and determining that the contract price is as low
as, or lower than, the price at which the property or services could be
obtained elsewhere, AND that the property or service cannot be otherwise
.obtained in the affected governmental unit. - .. ... The word And which is
capitalized above means exactly what it says, In other words, both require-
ments have to be met. The lowest price and the unavailability elsewhere.
April 1, 1987
TO ALL DIRECTORS AND ALTERNATE DIRECTORS C�TYo�
OF THE SUBURBAN RATE AUTHORITY 3h W
9k0nF.
SRA Quarterly Meeting
April 15 , 1987
6:30 P.M.
Ambassador Motor Hotel
PLEASE TAKE NOTICE that the regular quarterly meeting of the
Suburban Rate Authority will be held at the Ambassador Motor
Hotel, 5225 Wayzata Boulevard, Highway #12 S #100, St. Louis
Park, on Wednesday, April 15, 1987, commencing at 6 :30 P.M.
This will be the usual dinner meeting.
Please indicate your intentions as to attendance by returning the
enclosed postcard promptly to Mr. LeFevere's office.
A tentative agenda is enclosed.
JOHN WALLIN, Secretary-Treasurer
Enclosures
(1) Postcard to directors and alternates
(2) Agenda to directors, alternates and
municipal clerks
NOTE: Would you please call Jeanne Porches or Glenn Purdue at
333-0543 regarding changes in plans to attend.
TENTATIVE AGENDA
SRA QUARTERLY MEETING
April 15 , 1987
A. Call to Order
B. Roll Call
C. Approval of Minutes
D. Reports of Officers
E. Claims
F. Consideration of Communications
G. Unfinished Business
- 1986 NSP Gas Rate Case
- Uniform Electric Franchise
- NWB Rate Case - Commission
Redeliberation
H. New Business
- 1988 Budget (draft attached)
I . Adjournment
EDINA
4801 WEST 50TH STREET, EDINA. MINNESOTA 55424
812-91
PROPOSED 1988 SUBURBAN RATE AUTHORITY BUDGET
1987
Assets:
Cash and Investments (3/31/87) $ 39,500
Receivables (assessments) 50,400
Interest Income 2,500
Less Adjustment (uncollected assessment) 1,000
TOTAL 93,400
Anticipated 1987 Expenses:
1987-88 NSP Electric Case $ 10,000
SRA Uniform Electric Franchise 1,000
Minnegasco 10,000
General (Fees and Disbursements) 10,000
MWCC, Miscellaneous 2,500
TOTAL $ 33 ,500
Anticipated Year-End Position $ 59 ,900
1988
Assets:
Carryover $ 59,900
Membership Assessment (at $ 200 /vote) 31,200
TOTAL $ 91,100
Expenses:
General Matters - Fees $ 13,000
General Matters - Disbursements 3 ,600
1987-88 NSP Electric Rate Case 20,000
ME'CC, Other Projects 5,000
Gas Utility Rate Case 5,000
Contingency Fund 4,430
TOTAL $ 51,030
RESERVE 40,070