HomeMy WebLinkAbout08/04/1987 MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: July 30, 1987
1. Linda Schultz from the Shiely Company has called to state
that they completed mining on July 16, 1987 and they
expected to stop pumping on July 28, 1987. This is four
days later than the July 24th deadline.
2. The employees have contributed one half the cost for a new
coffee maker for the lunchroom from the proceeds of the pop
machine. The coffee maker is used for small committee
meetings e.g. Cable, Energy and Transportation, etc. Coffee
is also available during the day for the general public as
well as City employees.
3 . Fantastic news! The State of Minnesota Municipal Board
voted today by a 4 to 1 vote to approve the 150 acre
annexation of the property south of the Senior High. The
annexation is effective today, and we have received formal
notification. The findings of the Municipal Board are
attached for your information.
4. Attached is the new name for the Scott Carver Economic
Council, their new address and phone number.
5. Attached is a notice the Engineering Department has
circulated to downtown merchants so that they can post them
in their store.
6. Attached is an anonymous letter we received at City Hall.
Because it was anonymous I am presenting it as an
informational item rather than an agenda item as is our past
practice.
7. Attached is a copy Dr. Muralt's letter to the Editor for
your information.
8. Attached is a letter from Lori Kelly, Area Claims
Representative for American Mutual Insurance Companies,
regarding the liability carrier for the Melvin Lebens damage
claim.
9. Attached are the April 1, 1987 population estimates from the
Metropolitan Council.
10. Attached is the bi-monthly newsletter from Ehlers and
Associates, Inc.
11. The International Association of Lions Clubs, Shakopee,
Minnesota is applying to the State Gambling Board for
renewal of their gambling license. The gambling (tipboards)
is conducted at the Backstretch Bar, 124 South Holmes
(application attached) .
12. Attached is the monthly calendar for August.
13. Attached are the agendas for the August 6, 1987 meetings of
the Board of Adjust and Appeals and Planning Commission.
14. Attached is the agenda for the August 5, 1987 meeting of the
ICC.
15. Attached are the minutes of the July 15, 1987 meeting of the
Suburban Rate Authority. I have included the minutes from
this SRA meeting because of items regarding the Northwestern
Bell redeliberation and the Northwestern Bell extended area
service petition. Both of these items will affect the
telephone rates for citizens of Shakopee.
16. Attached are the minutes of the July 13, 1987 meeting of the
Shakopee Community Recreation Board.
17. Attached are the minutes of the July 9, 1987 meetings of the
Board of Adjustment and Appeals and Planning Commission.
18. Attached is a letter I have sent to Rod Krass regarding his
work on the Stonebrook injunction hearing.
19. Heritage Place won't qualify for a variance for a temporary
sales office. Doug, Dennis and Jack Coller all concluded
that it would be a use variance and thus not allowed. The
public hearing for amending the ordinance will be August
20th or September 3rd.
JKA/jms
�
Pn o� �c btu¢� 6/90-cc
��
An Equal Opportunity Emplaycr
than.,(612)2 Nn
STATE OF MINNESOTA
MUNICIPAL BOARD
Suite 165 Metro Square jut
7th & Racer, :tract. BI9B7
o 55101
July
scM27,at7987 WeIT�'oF$/y�K�PE`
John Anderson
City Administrator
729 E. 7st Ave.
Shakopee, MN 55379
Re: A-4339 Shakopee
Dear Mr. Anderson:
Pursuant to your request, enclosed Is a copy of the draft order In
the above-entitled matter. The voting members of the Municipal Board will be
meeting by conference call on July 30, 1987 at 9:00 a.m. to consider this
matter.
Sincerely,
MUNICIPAL BOARD
Karen D. Larson
Office Services
kdl
cc/enc: Lee Vlckerman, Esq.
Robert A. Nicklaus, Esq.
Julius A. Collar, ll, Esq.
A-4339 Shakopee
Tvj-r.
3
BEFORE THE MUNICIPAL BOARD
OF THE STATE OF MINNESOTA
Kenneth F. Sette Chair
Shirley J. Mihelich Vice Chair
John W. Carey Commissioner
Mark Stromwall Ex-Officlo Member
Jack Casey, Jr. Ex-Officio Member
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
IN THE MATTER OF THE PETITION FOR ) FINDINGS OF FACT
THE ANNEXATION OF CERTAIN LAND TO ) CONCIUSIONS OF IAW
THE CITY OF SHAKOPEE PURSUANT TO ) AND ORDER
MINNESOTA STATUTES 414 )
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The above-entitled matter came on for hearing before the Minnesota
Municipal Board pursuant to Minnesota Statutes 414, as amended, on February
23, 1987 in Shakopee, Minnesota. The hearing was conducted by Terrence A.
Merritt, Executive Director, pursuant to Minnesota Statutes 414.01 ,
Subdivision 12. Also In attendance were Kenneth F. Sette, Chair, Shirley J.
Mihelich, Vice Chair, John W. Carey, Commissioner, and County Commissioners
Jack Casey, Jr. and Mark Stromwall, Ex-Officio Members of the Board. The
petitioner appeared by and through Lee Vickerman, Attorney at Law, and the
Town of Jackson appeared by and through Robert Nicklaus, Attorney at Law. The
City of Shakopee, represented by Julius Collar, Attorney at Law, did not take
an active part in the proceedings. Testimony was heard and records and
exhibits were received.
After due and careful consideration of all evidence, together with
all records, files and proceedings, the Minnesota Municipal Board hereby makes
and files the following Findings of Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
1 . On December 3, 1986, a copy of a second amended petition for
-2-
annexation by the sole property owner was filed with the Minnesota Municipal
Board. The petition contained all of the Information required by statute,
Including a description of the territory subject to annexation, which is as
follows:
The South one-half of the Northeast one-quarter of Section 12-115-23,
except approximately 10 acres thereof which 10 acres are covered by
Certificate of Title No. 2054;
Together with the North one-half of the Southeast one-quarter of
Section 12-115-23.
An objection to the proposed annexation was received by the Minnesota
Municipal Board from Jackson Township on December 23, 1986. TheMunicipal
Board, upon receipt of this objection, conducted further proceedings In
accordance with M.S. 414.031, as required by M.S. 414.033, Subdivision 5.
2. Due, timely and adequate legal notice of the hearing was published,
served and filed.
3. The area subject to annexation is unincorporated, approximately 150
acres In size, and abuts the City of Shakopee by approximately 50% of Its
perimeter. The City of Shakopee is approximately 17,920 acres In size.
4. The Town of Jackson is approximately 4,500 acres in size. --
5. The area proposed for annexation consists of Hayden Series soils
(clay loam), Waukegan Series (silty loam), and Dakota Series (sandy loam) with
rolling terrain.
6. The area proposed for annexation is presently agricultural land.
7. The City of Shakopee had a population of 7,716 In 1970, 9,941 In
1980, Its current population is 11,450, and it is projected that in five years
it will have a population of 12,320.
-3-
3
8. The Town of Jackson had a population of 1,578 in 1970 and 1 ,483 In
1980.
9. The area proposed for annexation has no present population.
10. The City of Shakopee has approximately 835 acres In residential use,
approximately 1,121 acres In institutional use, approximately 247 acres In
commercial use, approximately 404 acres in Industrial use, approximately 5,750
acres in agricultural use, and approximately 8,550 acres in vacant land.
11 . The City of Shakopee has a zoning ordinance, subdivision regulations,
capital improvements and budget program, fire code, shoreland ordinance,
floodplain ordinance, and sanitation ordinance.
12. The City of Shakopee has -identified residential development as a high
priority.
13. The Town of Jackson has Development Guide Plan which contains its
Future Land Use Plan, and a Comprehensive Plan.
14. The Town of Jackson's present Comprehensive Plan shows the annexation
area remaining in its present use through 1990.
15. It is anticipated that if annexed, the area proposed for annexation
will be zoned R-2, single and two-family residential . This zoning is
consistent with the proposed use planned for the annexation area.
16. The City of Shakopee provides its residents with water, sanitary
sewer, waste water treatment, storm sewer, solid waste collection and
disposal, fire protection, police - protection, street Improvements and
maintenance, administrative services, recreational opportunities, electrical
service, transit, recycling, cable t.v., civil defense, animal control , and -
building inspection.
-4-
17. The City of Shakopee Is willing to prov l de the area proposed for
annexation with all of the services that it presently provides to its
residents and is not presently providing the annexation area.
18. The City of Shakopee will seek an extension of the Metropolitan Urban
Service Area (hereinafter called MUSA) to Include the annexation area once It
Is part of the city.
19. The City of Shakopee has created an area of approximately 305 acres
within the city's Industrial park, which had been In a moratorium for sewer
service until 1985, that is presently designated as a Tradeable Area by City
Resolution No. 2655.
Should the annexation area be annexed and the Metropolitan Council
refuse the city's request- to extend the MUSA to It, the city Is willing to
place a moratorium for sewer service on a portion of the Tradeable Area, and
request that the sewer service from the moratorium area be available to the
annexation area.
20. The annexation area will need sanitary sewer for it to be able to
develop. Sanitary sewer avoids pollution from sewage effluent to adjacent
areas.
There are no present existing environmental problems in the
annexation area.
21 . The Town of Jackson provides the area proposed for annexation with
administrative services.
22. The City of Shakopee has approximately 92 miles of highways, streets,
and roads.
23. The area proposed for annexation is bordered on the west by County
-5- GRAFT
Road 077 and on the east by County Road 079.
The placement of the Interior roads planned for the annexation area
are in conjunction with the roads planned for the development on the land east
of the annexation area.
24. The present assessed valuation of the City of Shakopee is
$118,884,261 .
25. The present assessed valuation of the Town of Jackson is $5,072,544.
26. The present assessed valuation of the area proposed for annexation is
$34,846.
27. The present mill levy for Scott County is 43.848
28. The present mill levy for the school district is 72.038
29. The present Jackson Township mill levy is 14.496. The township had
no bonded indebtedness.
30. The present City of Shakopee's mill levy is 17.79 The city has a
total bonded Indebtedness of .$16,730,000.
31 . The fire Insurance rating for the City of Shakopee is 5.
32. The fire insurance rating for the Town of Jackson is 10.
33. If the area proposed for annexation is annexed, there will be no
affect on the school district.
34. The City of Shakopee Is the only municipality adjacent to the area
proposed for annexation.
CONCLUSIONS OF I.AW
1 . The Minnesota Municipal Board duly acquired and now has jurisdiction
of the within proceeding.
2. The area subject to annexation is now or is about to become urban or
-6-
3
suburban in character.
3. Municipal government is presently required to protect the public
health, safety, and welfare in the area subject to annexation.
4. The best interests of the area proposed for annexation will be
furthered by annexation.
5. Jackson Township can carry on the functions of goverment without
undue hardship.
6. An order should be Issued by the Minnesota Municipal Board approving
the annexation of the property described herein In Findings of Fact 1 .
0 R D F R
1 . IT IS HEREBY ORDERED: That the annexation of property described In
Findings of Fact 1 herein, be and the same is hereby annexed to the City of
Shakopee, Minnesota, the same as If it had been originally a part thereof.
2. IT IS FURTHER ORDERED: That the effective date of this order is July
30, 1987.
Dated this 30th day of July, 1987.
MINNESOTA MUNICIPAL BOARD
165 Metro Square Building
St. Paul, Minnesooata55101
Executive Director
A-4339 Shakopee
M F M 0 R A N D U M
The Minnesota Municipal Board takes this opportunity to remind the
City of Shakopee and the developers that, although the land Is annexed, the
concerns raised by the Town of Jackson should not be dismissed out-of-hand. _
The board expects that the city will work with the Towns of Jackson
and Louisville, as well as the watershed district to ensure that surface water
drainage that travels through the area recently annexed, as well as the
adjacent development area, is properly handled. Further, given the city's and
towns concern for the prevention of pollution through use of sanitary sewer,
together with the need for fiscal responsibility, the board is confident that
the city will ensure that any sewer extension Into the annexed area will not
result in the cutting off of sewer service to other parts of the town or the
duplication of effort for extension of sanitary sewer service to other parts
of the town. Such a duplication could result in excessive costs.
The board hopes that the City of Shakopee and the Town of Jackson will
continue to build on their working relationship to economically accommodate
the needs of development in the area for the good of the whole community.r?�v I�I�'(
y
Scott-Carver-Dakota Community Action Agency, /nc.
1257 Marschall Road GAP
Corporate Officers: SHAKOPEE. MINNESOTA 55379
Harold Trende-Chairman Phone: 612-496-2125
Richard Graham-Vice Chairperson
Denise Parrish-Secretary/Treasurer July 29, 1987 A
Ms. Mary F. Sullivan- .......
Ezecutive Dire or JUL 3 01981
CITY OF SHAKOPEE
Mr. John Anderson
._
Shakopee City Administrator - -
129 1st Avenue East
Shakopee, NN 55379
Dear John,
The intent of this letter is to notify the City of Shakopee
that effective August 5, 1986 the corporate name of the
agency changed from:
Scott-Carver Economic Council, Inc.
to: Scott-Carver-Dakota Community
Action Agency, Inc.
Effective May 1, 1987 the agencys address changed
from: 420 Oak Street North
Carver, MN 55315
to: 1257 Marschall Road
Suite 100
Shakopee, MN 55379
Please feel free to contact me regarding any other information
you may want on Scott-Carver-Dakota Community Action Agency.
Sincerely, --
Mary F.Sullivan C k�
Executive Director
NFS:mk
NOTICE
TO
DOWNTOWNSHOPPERS
The downtown merchants and the City of
Shakopee are in the process of complete
renovation of the streets and sidewalks in
the downtown area. This renovation will
provide more convenient parking, safer
sidewalks and a totally new look to the
downtown area.
During this construction process. The
downtown merchants will need your
continued patronage. Access to all
businesses will be maintained during
construction.
The downtown streets were constructed in
the early 1900's. This is your once in a
lifetime opportunity to see your downtown
streets reconstructed!
Thank you for your cooperation.
3UL2 61961
CITY
OF
SHAKOPEE.
167
ge � �'
Well , here we go again. When ValleyFair was coming to town reports
were that all that trash that used to hang around the Excelsior
park would come to Shakopee. There is no way any resident of
Shakopee could be prouder of ValleyFair. My granddaughter, who
is now thirteen, has for the last three year, gone to ValleyFair
at 10:00 a.m. and stayed with her friends until 8:00 or 10:00 p.m.
without concern on the part of her parents.
Then came the Renaissance Festival . Yes, those people are all
on drugs was the report. Have you been there? Who goes there?
Respectable people from Iowa, North and South Dakota, Wisconsin
and Canada. I 'm sorry I did not get a lot of flack on the Bingo
Palace. Of course, that wasn't coming into Shakopee. Then the
Race Track. Yes, all the big gamtlers will move in and the Mafia
and such. Crime will increase and the people who attend we don't
want in Shakopee. I guess the crime rate is up and the track gets
the blame. It's up all over the state. Let's blame the Dome in
Minneapolis, the Zoo and a few other respectable places for part
of it. It makes just about as much sense.
Yes, here we go again! Starwood Amphitheater. We're going to
have thousands of drug pushers and users at the concerts. All
this rock trash will be here. I'm sure that many Rock Concerts
have been put on throughout the U.S. in the amphitheater- that have
never attracted any publicity but one does and this is what some
of our local residents pick up to try to eliminate Starwood from
Shakopee. This edifice is so far out of the Shakopee residential
area that I can't see what the big complaint is.
Friends, I love music and I just don't like going into Minneapolis
at night to go to concerts. Because of this amphitheater and the
seating capacity it will have, many, many high class entertaining
groups and national stars will be presenting concerts that you
and I will love. The traffic problem, if any, will all be cleared
up in the future.
The permit that the city council will be issuing them will be a
conditional use permit so the council can control who does come
to the theater.,
I have lived in Shakopee for thirty six years. Many times different
undesirable businesses have moved in but they have been moved out
by the City because of the nature of the business. I do have
confidence that this Starwood will be controlled.
Of course, there are those who want Shakopee to be a small , relaxing,
country town. Folks, it's just too late for that and I trust I
have been one of the driving forces that has helped change it.
When I arrived in town it was a community of beer parlors. Shakopee
must be doing things right to have all these good things happen.
American
/`nutual 1887 I "%b1vegota100-tzar
INSURANCE COMPANIES 1987 Start on Tomorrow
July 20,1987 SMME 230.BRA[MAR OFFICE PAR.
BOO WEST 78TH STREET
MIMNEAF US.MINNESOTA 55A35
TELEPHONE 16121 Sne-55.
City of Shakopee
129 East First Avenue South
Shakopee,Minnesota 55379
RE: Melvin Lebens vs.
Don Lind Blasting
D/A: 7/7/86
Claim: 1-555208801
TO WHOM IT MAY CONCERN:
We are handling this claim as a liability carrier for Don Lind Blasting.
We do have coverage for this loss and will be making payment to Mr. Lebens
for any damage that Don Lind Blasting is responsible for.
If there is any other information you my need, please do not hesitate to
let me know.
Sincerely,
Lo
Ar� Claim He resen a ive
LK:rm
RE�El
JULZ 2107
AMERICAN MUTUAL LIABILITY INSURANCE COMPANY
AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON AMERICAN POLICYHOLDERS'INSURANCE COMPANY
APRIL 1, 1987
POPULATION ESTIMATES
Persons Per Household
April 1, April 1, April 1, April 1,
1980 1987 1980 1987
SCOTT COUNTY Census Estimate Census Estimate
Belle Plaine 2,754 3,106 2.79 2.64
Belle Plaine Twp. 765 777 3.79 3.76
Blakeley Twp. 515 495 3.46 3.37
Cedar Lake Twp. 1,507 1,638 3.81 3.61
Credit River Twp. 2,360 2,811 3.70 3.57
Elko 274 295 3.42 3.44
Helena Twp. 1,215 1,249 3.78 3.62
Jackson Twp. 1,483 1,441 3.18 3.05
Jordan 2,663 2,830 2.98 2.96
Louisville Twp. 813 875 3.50 3.41
New Market 286 308 2.89 2.83
New Market Twp. 1,636 1,914 3.71 3.52
New Prague (Pt.) 1,898 2,300 - 2.63 2.47
Prior Lake 7,284 10,153 3.15 2.92
St. Lawrence Twp. 350 412 3.47 3.44
Sand Creek Twp. 1,516 1,566 3.87 3.65
Savage 3,954 7,400 3.20 2.86
Shakopee 9,941 11,613 3.02 2.86
Spring Lake Twp. 2,570 2,841 3.56 3.45
COUNTY TOTAL 43,784 54,024 3.20 3.00
EhAPs and ftS°per
LEADERS IN PUBLIC FINANCE
0NEWSLETTER
MaNICEEM31M,
llV
OFFICES IN MINNEAPOLIS AND WAUKESHA - 507 Marquette Avenue - Minneapolis, MN 554021255 - 612 339 0291
VOLUME 32,NUMBERS
F I LE: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
August, 1987
The bond markets, battered in April and May, recovered some in June with the 881 (yields on
20-year tax exempts) dropping from 8.31% on May 21 to 7.67% on July 9. Volcker's resignation
as Chairman of the Federal Reserve Board caused a heavy one-day sell off, but most of the loss
was regained quickly. One of the first tasks of the new Chairman will be to reassure domestic
and foreign investors of our determination to fight inflation.
X # X X X
Some advisors and investment bankers argue that they can better time bond sales. Involved in
the market daily, we know when dealers' shelves and the offering calendar are empty, or when
investor interest is strong. But with so many forces at work, no one can predict that the
market today is better or worse than it will be. One large bond dealer recently lost a quarter of
a billion dollars and most others lost hundreds of millions because of having large investories in
a falling bond market!
Can they can really "time bond sales better"? When an investment banker says, "Sell your bonds
[to me] now, interest rates are going up," are they telling their investor customers, "Buy now,
interest rates are going down"?
X X # X X
Bond pools and banks lost their way when the IRS said they could not keep arbitrage to pay
underwriter and "sponsor" fees. The ruling points out the hidden cost of borrowing from such
pools and banks -- their appropriation of earnings that would otherwise be kept by the real
borrowers. Pool rates often aren't that great compared to those of local competitive sales.
X X X X #
Tax simplification isn't. Minnesota, with a very complex property tax system, reduced the
number of property classifications from seventy to nine and also modified its complex property
tax credit/circuit breaker refund system. Unless modified in 1988/89, the ratio of assessed to
market values will increase and the tax rates will drop dramatically. It appears that the circuit
breaker refund system will definately be affected. We will soon have our computer program
that calculates the net cost of a project to particular homeowners in various income brackets
revised. Not a simple task! We will keep you up to date on the changes.
# X X X X
If your municipality sells bonds, any bonds, it is necessary to file IRS Form 8038 for public
activity issues over $100,000 and 8038G for issues $100,000 and less which require the net
interest cost according to an IRS formula. Failure to file the forms will make interest paid to
investors taxable. The change applies to all issues, even those negotiated locally. We have
copies of the forms.
• M M e M
Some states have issued bonds to self-insure worker's compensation and liability claims at
reported premium savings of up to 15%. Legislation permits Montana cities to pledge their full
faith, credit and taxing powers to such bonds. With the new tax law it may not be possible to
retain arbitrage earnings (except for issues under $5 million) but self insurance may still be
beneficial. Although complex to set up, these bonds can be rated, insured and sold
competitively.
It was good to see all of you at the conventions!
Sincerely,
EHLERS AND ASSOCIATES, INC.
Robert L. Ehlers
0692a
_ 8
➢IM ...mr m5aam665e mm55 555555 5555555555555555555zzx
l'' � 5e5e5ees 9..°i§° 5#€s 5Fa e£55«= 5=E5°5Ek5£55r"�55595:5
--- -------------------
A 's
- a ----- ----F $B
338 gisi § es a9 s
@@VaauCpp3 " sAVe
d3ua "giul
Rg. adg}gag-3ie a�gaaeas3 3eu3�s4 s_9€31 Eliis€fx @@a$§6 go 6
i�ppi a
pp33
w � �ry�£ReR�CCEQg89�SSQ$ SSa"S ES.e.�Sr P�PmF��tYYCe�F':Z.x e^«RR%RR
esseexu�s's'x as �x'x xa �e'x'x d$�'x xx See ��e'x e'x�iii�$'s axsx��
a
m �� sc :�3��i;,a' i�� iis`'3gg = a 1. `s§ ye=._s» �,is •p � fi z
aiss=:�3as33sff}?= "}3533&d� �3�i�$=$$} F:F41}ccS3s��i_.�:`
a
w
rc
a
g 3
€€33.€€€€€.i
5555" "55 aaE555
JIM 9995556MIg
___'g5 55---55_-----5 555^_------- 5555559535555m�
°C 5a� °=_5595 5£e'_e5955„55£5 59'-5'-Ee55559 x see a es
g s s i is iiiiii ii sCt
iii „ ff s” 838 `'i€xsi3 �
$ax$ is§ad $2 22 a 's _s"i
3< a a z' asaaa a aaa a3 "Vtu".„ „ i}
2 a
riga as 3 • $ ge ggea $ ax Y YY $ a
33 933 } s s'93agsssss s }3 ss s' l"3H 5x ee,i} a
-
saeee� Se eevoa a_9 SSSS ,gd---e s smaEaa
al 5'5'5'5 oo e��$exag �d$e'x 'x B�dss's eeas'x ��$sx'x$�ss's'ssoo
a ee e
HA i�sd ::i x xxcea.3
91
3I gg =}g�s-axiicx � "sgi i`ieca33: �axe: sf=�'__a-geF�b33
�
a
J 92)5@9 ! ! 2 @ !
. f ---------!
\ 666 \|\ \
! §6822222= !
; §//§h§§§( ( as § (
as 9 /
•, ;: .-,
Z
6w4 ) ! |
JI
Charitable Gambling Control Board . . , FOR BOARD USE ONLY
vofi Room N-475 Griggs-Midway Building
:4 1821 University Avenue
St. Paul, Minnesota 55104-3383 - PAID-----
(612) 642-0555
AID-=(612) 642-0555 AMT'
CHECK# -
DATE
GAMBLING LICENSE APPLICATION _
INSTRUCTIONS:
... A..-.Type or print in ink.
B. Take completed application to local governing body,obtain signature and date on all copies,and leave 1 copy.Applicant keeps 1
-_---copy and sends original to the above address with a check:C.- Incomplete applications will be returned -
- Type of Application:. - -
OCIassA'-- Fee 310000(Bingo,Raffles,Paddlewheels,Tipboards,Pull-tabs)
'
rClassTi
B- -Fee3 50.00(Raffles,Paddlewheels, pboards,Pull-tabs) . Mw ahr*a wvNsam - -
-Class C—_ Fee3 50.00(Bingo only)
_.OClass D Fee$ 25.00(Raffles only) - -
T�xY ON 1 I tit' eppl' Con f ane 11 If y s g' mplete)'cense number_
❑Yes❑No 2: If this is not an application for a renewal,has or anization been licensed by the Board before? If yes,give base
license number(middle five digital
Yes ONo 3. Have Internal Controls been submitted previously?If no,please attach copy.
4 Applicant(Official,legal name of organization) 5. Bu 'nes Addressoforgan' tm -M 3�
6. Ci ,St e,Zip 7. County 0 y 8. BI sin ssyh;n Nlr
b [(
9. Type of ofganization: lRFraternal OVeterans ❑Religious OOther nonprofit`
*If organization is an"other nonprofit"organization,answer questions 10through 13.If not,go to question 14."Other nonpmfit'organizations
must document its tax-exempt status.
Oyes—. 10 Is organization incor orated as a nonprofit organization?If yes,give number assigned to Articles or page and
book number: L Attach copy of certificate.
Owe N 11 A rticl flied with the Secretary ofState? -
❑Yesf�No 12. Are articles filed with the County?
es�No 13. Is organization exempt from Minnesota or Federal income tax?If yes,please attach letter from IRS or Department of
Revenue declaring exemption or copy of 990 or 990T.
El Yea W. 14. Has license ever been denied,suspended or revoked?If yes,check all that a ly:.
❑Denied ❑Suspended ❑Revoked Give date:
15. Numberota" members 16. Numberof years in existence Note: If less than four years,attach
evidence of three years
existence.
17. Name of Chief Executive Officer - 18. Name of treasurer or person who accounts for other revenues
of� tit rgamzat n. -
ArOZS J J C'��wng� �I� 4 : / Itef'��/
Title
Title
V1Fyt V?Qili ` - �1 G J -:
Business Phone Number Business Phone Number(CP') qq5-- 11 1 &q� ) Hy5- 3735
19. Name of establishment where gambling will be 20. Street address(not P.O.Box Number)
conducted ((��y1� 1/ /1y -
QI,du IJ(/17 (f1 I'r r J a+�'7/1 E' mP9, laAe .c, r
- 21. C-rty,State,Zip - -- 22. County where gambling premises is locatetll -
CG-0001-02(81961 - - White Copy-Board - - L nsrv-Appacent Pink-Local Gmn ming Body --
Gambling License Application - - Page 2
Type of Application: OCIassA XICIassB OCIassC OCIassD _
ONo 23. Is gambling premises located within city limits?== - -- " --- ---` =
YesONo 24. Are all gambling activities conducted at the premises listed in#19 of this application?If not,complete a separate,
-"—'----'---application for each premises lezcept raffles)as a separate license is required for each premises.--'- - - -- --- -- - -
---- OYss No 25. Dass organization own the gambling premises?If no,attach copy of the lease with terms of at least we year.
OYes[ANo. 26. Does the organization lease the entire premises?If no,attach a sketch of 27. Amount of Montbt Rent -the premises indicating what portion is being leased.A lease and sketch
isnotrequired for Claw Dapplications. -
` OWs o 28. Do you plan on conducting bingo with this license?If yes,give days and times of bingo occasions:
D.r: - _._.__.. rxmG-
Yea ONo'-29. Has the 510,000 fidelity bontl regmrad by Minnesota Statutes 349.20 been obtained?Attach copy of bond.-
Insurance Co pang Name' ' -' 31. Bond r�Jumbg O
J`rr< am+�t
Le or Na a 33. Ad r - C NC` mf 7 34. t ,G t te,Zip
v A n 55�
_ d�8( �kYdmt {� ✓� N{1 J
.35Gem 'ng Manager Name 36. add s: ? 37. City,State,Zip
�
38: Ga tiling Manager Busi9eas fMrP ne'- 39. Date gambling manager became - -
-_� - ''��'_` � NS� (P�N(O -- memher of organization: `'- - VG,VS•! - 4 _ -
GAMBLING SITE AUTHORIZATION
By rtly signature below,local law enforcement officers or agents of the Board are hereby authorized to enter upon the site,
at any time, gambling is being conducted,to observe the gambling and to enforce the law for any unauthorized,game orr
._< practice. - . ..-- _- . - _.
" BANK RECORDS AUTHORIZATIONBy my signature below,the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account
- whenever necessary to fulfill requirements of current gambling false and law. ;
. . - OATH
I hereby declare that:
1_ I have read this application and all information submitted to the Board; - - -
2. All information submitted is true,accurate and complete;
3. All other required information has been fully disclosed
- 4. 1 am the chief executive officer of the organization; -
5. 1 assume full responsibility for the fair and lawful operation of all activities to be conducted;
6. 1 will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree,
if licensed,to abide by those laws and rules, includin amendments thereto.
- Official,L,galgN�ofJ)rganization L y 41. Signaturelmustaesig yy Cpiei ec rve Officer)
.'Yf."nktienu
,gag
Cf-Yl mkt.CIA5- JtxvGxe/ x Y ,4V1k7 d
Title of Signe Date V I ^G � '
m� f7
_ - - ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY - -
- 1 hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with
_ notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the board, will
become effective 30 days from the date of receipt(noted below),unless a resolution of the local governing body is passed
which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control
" Board within 30 days of the below noted date.
42. Name of City or County(Local Governing Body) If site is located within a township,item 43 must be completed,in
- - addition to the county signature..
Signat reof 2rsori ceivinga licano - 43. Name of Township - - -
-- Title-- ---- ( Date received(30 day period - Signature of person receiving application - - -
begins from this da"
e)
/Q - - -
--.44.. Narita of Peise livedrg applica4on toAocal23ov - Body Title
yam« 5mfee+l,.,,l Lit,
" CG-0001-02 (8186) - White Copy-Board Canary-Applicant Pink-Local Governing Body
V
co ✓1 N m
N N
H
6
Gp
rl N N
N
A
M
�p C1 C n
r-I N N
N
N COn
GE0 CEEoO tiN
ry O m
� W V n MUt� UU1
rn
ti
N O N
E ¢
v] p
N
a E 3 i E
C G EO
U O 3 E M
U O O -
o-+
.y N
N
Q E E
H TCO T G O
u7O uGO
U U P V V I
7
N h � L •
L •.+ M E � NO
C. O �i U.O Wm
N rn .o n O
N
4
Q
5
ra
/3
TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, MN August 6, 1987
Chairwoman VanMaldeghem Presiding
1. Roll Call at 7: 30 P.M.
2. Approval of Agenda
3. Approval of July 9, 1987 Meeting Minutes.
4. 7:30 P.M. PUBLIC HEARING: To consider an application for a
Tour foot variance from the average front yard setback as
required by Section 11.03, Subd. 7. F. for the property
located at 620 West 5th Avenue.
Applicant: Ron Schmitt
Action: Variance Resolution #502
5. 7:40 P.M. PUBLIC HEARING: To consider an application for a
five foot variance from the required ten foot side yard
setback to construct an addition to the existing dwelling at
612 - East 7th Avenue.
Applicant: William Nevin
Action: Variance Resolution #503
6. 7:50 P.M. PUBLIC HEARING: To consider an application for
variances to allow a 40 foot front yard setback instead of
the required 50 foot setback and a 5 foot parking lot
setback instead of the required 15 foot setback for the
proposed addition to the existing Aamco Transmission Shop at
630 First Avenue East.
Applicant: Breckenridge Development
Action: Variance Resolution #504 - -
7. Other Business
8. Adjourn
Douglas K. Wise
City Planner
13
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN August 6, 1987
Chairwoman vanMaldeghem Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Approval of July 9, 1987 Meeting Minutes
4. 8:00 P.M. PUBLIC HEARING: To consider an application for a
Conditional Use Permit to permit a Class II Restaurant upon
the property located on Lots 3 & 4, Block 12, Shakopee City ----
(the property just East of the Dairy Queen) .
Applicant: Mark Gerry and Allen Plaisted
Action: Conditional Use Permit Resolution #501
5. Registered Land Survey for City _ Property - 3rd Ave. &
Sommerville
6. Other Business
7. Adjourn
Douglas Wise
City Planner
ICC Roundtable Meeting
August 5, 1987
5 :30 p.m. Kentucky Derby Room
Canterbury Inn
Tentative Agenda f
5:30 I. Welcome
5:35 II. Introductions
5:50 111. Goals of the ICC - -
6:00 IV. Industrial User Issues - - -
A. Labor Relations
B. Transportation
C. Taxes/Tax Climate
D. Public Services
6:45 V. Course of Action
. 7:00 VI . Wrap-Up
VII. Social Hour
r
- DECEIVED
MINUTES OF 2 914&7
THE QUARTERLY MEETING OF 3UL
THE SUBURBAN RATE AUTHORITY CITY OF SHAKOPEE
July 15, 1967
Pursuant to due call and notice thereof, the quarterly
meeting of the Suburban Rate Authority was held at the Ambassador
Motor Hotel in the City of St. Louis Park, Minnesota, on Wednes-
day, July 15, 1987, commencing at 6: 30 p.m.
1. CALL TO ORDER: The meeting was called to order by the
Chairman, Graydon Boeck.
2. ROLL CALL:
Bloomington John G. Pidgeon
Columbia Heights Edward Carlson
Deephaven William D. Schoell
Edina John Wallin
Fridley John Flora
Greenwood William D. Schoell
Hopkins Gordon Anderson
Maplewood Frances L. Juker -
Minnetonka Donald L. Asmus
New Brighton Henry Sinda
North St. Paul Glen Anderson
Robbinsdale Ryan R. Schroeder
Savage Mark H. McNeill
Shakopee John R. Anderson
Shoreview William Stawarski
St. Louis Park Larry Mitchell
Also present were SRA counsel Glenn Purdue and James Strommen and
David Tiggan of the City of North St. Paul municipal utility.
3. APPROVAL OF MINUTES: The Minutes of the meeting of
April 15, 1987 were presented for approval. It was moved by Mr.
Schoell, seconded by Mr. Flora, that the Minutes, as mailed, be
approved. The motion carried unanimously.
4. OFFICER'S REPORT: Mr. Wallin distributed the Treasur-
er' s Report for the six months ended June 30, 1987. A copy of
that report is attached to these Minutes. Mr. McNeill moved that
the Treasurer's Report be received, and Mr. Flora seconded the
motion. The motion carried unanimously.
5. CLAIMS: Mr. Wallin then presented the claim of
LeFevere, Lefler, et al for legal services and disbursements for
the period of April through June 1987. Following circulation of
the claim, Mr. Sinda moved that the claim be paid as submitted,
and Mr. Flora seconded the motion. The motion carried unanimous-
ly.
6. UNFINISHED BUSINESS: 1988 Budget. Mr. Purdue reported
that the draft 1988 budget had been sent to city managers by
memorandum dated May 18, 1987, and that the managers were alerted
to the fact that Bylaws require an opportunity for the membership
to comment on the proposed budget. He stated that he had only
two inquiries about the budget and that they were limited to
questions as to the amount of the assessment for 1988. The chair
stated that the 1988 budget was before the Board for final
approval. Mr. Asmus moved that the budget as proposed by action
of the Board at the April 15, 1987 meeting be adopted. Mr.
Carlson seconded the motion. The motion carried unanimously.
Counsel indicated that the city managers would be immediately
advised of the 1988 assessment so that they could work it into
their budgets. He also stated that invoices for the second half
of 1987 assessments would be sent out in August.
Northwestern Bell Redeliberation. Mr. Strommen reported on
the status of the SRA petition to the Public Utilities Commission
to reconsider its decision after redeliberation regarding the
tier ratio reduction in the Tier System. The Commission agreed
to reconsider its tier ratio decision when it became apparent
that residential and business-customer rates would actually
increase in tiers III and IV. Upon reconsideration, however, the
Commission was unable to reach a majority necessary to re-adopt a
tier ratio. Two of the commissioners wanted a substantial
reduction in tier ratios, even to the point of abolishing any
differential. The other two commissioners wanted to keep the
previous decision intact. As a result of the stalemate, the
Commission decided to allow the previous decision to stand. The
SRA has moved for another redeliberation on the grounds that the
Commission violated its own rules of deliberation in failing to
reach a majority. The Commission had the motion under advisement
at the time of the SRA Board meeting. Following discussion,
Mr. Flora moved that the SRA encourage the attorney general,
which has supported the BHA' s position, to appeal the Commis-
sion' s decision if it does not redeliberate. If the attorney
general declines to appeal, the SRA would be authorized to appeal
with a budget limitation of $4,000. Mr. AsmuS seconded the
motion. After discussion, the motion carried unanimously.
Northwestern Bell Extended Area Service Petition. Mr.
Purdue provided the Board with a memorandum concerning the
application of a considerable number of outlying cities for
Extended Area Service. He indicated that the petitions have been
consolidated by the Public Utilities Commission and that a
proceeding, which is expected to be lengthy, is underway. The
Commission has asked the administrative law judge not only to
find facts concerning whether these petitions should be granted,
but also to propose policy as to the granting of future peti-
tions. Mr. Strommen elaborated on the memo and presented alter-
native positions which could be taken by the SRA.
Following discussion, Mr. Carlson moved the following
resolution:
2
/7
RESOLUTION
RESOLVED: That the Board of Directors of the Suburban
Rate Authority opposes the extension of the telephone
service area until or unless the tier system imposed in
the Northwestern Bell calling area is eliminated.
Mr. Stawarski seconded the motion. After discussion, the motion
carried unanimously.
Northern States Power Electric Franchise. Mr. Purdue
reported that the attorney for Northern States Power Company had
provided a memo, dated June 2, 1987, proposing several changes to
the Uniform Electric Franchise adopted previously by the Board.
He reviewed the proposals, and after discussion, Mr. Flora moved
that counsel be directed to advise NSP that it does not presently
wish to make any changes to the franchise as previously adopted.
Mr. Carlson seconded the the motion. The motion carried unani-
mously.
Pipeline Safety Act. Mr. Purdue reported that the Pipeline
Safety Bill had passed in the legislature and that cities will be
required to adopt a zoning ordinance by 1991. He also reported
that the state Office of Pipeline Safety is directed to prepare a
model ordinance. He noted that cities need not wait until 1991
to pass an ordinance.
7. NEN BUSINESS: Mr. Purdue reported that the PUC had
recently investigated the explosion at the NSP Sherco plant and
that it had determined how the losses would be apportioned
between the company and the rate payers. He distributed an
executive summary to the report of the Department of Public
Service for the general information of the Board. No action was
called for.
8. ADJOURHIK6NT: The chairman reported that there was no
other business to come before the meeting. Mr. Pidgeon moved to
adjourn, and Mr. McNeill seconded the motion. It carried unani-
mously.
Secretary
Attest:
Chairman
3
SHAKOPEE_COMMUNITY_RECREATION
BOARD_MEETING_MINUTES__-_____JULY___13.-1987
The Meeting was called to order at 6:40 PM by Chairperson Rislund in the
Shakopee Community Recreation Board Meeting Room.
Present : J. Carlson, P. Rielund, D. Roper and P. Sheldon
Absent: J. Leroux
Ex-Officio Members: Virgil Mears representing Dr. Gayden Carruth
Staff : Dir. G. Muenchov, Program Supervisor M. McQuillan
Guest : Tom Lacina
Sheldon/Carlson moved to approve the Consent Business. Carried
Sheldon/Carlson moved to approve Minutes of June 15, 1987. (Action approved
under Consent Business)
Roper/ Sheldon moved to approve Bills totaling 9 4, 480. 50, and order them
to be paid. Carried.
Tom Lacina, President of the Shakopee Mat Club provided a report on the
activities of their youth wrestling organization. Approximately 45
youngsters were served in the spring program held in the St. Mary's School
Gymnasium. A nominal fee was paid to help defray coats of heat and light.
Since this program follows the normal school wrestling season, High School
Wrestling Mats were able to be used for this program. Sessions were held
on two evenings/week plus meets Bray on some Saturdays.
Advantages of a spring program:
a. Youngsters can still participate in other sports in winter.
b. High School Coaches are available to give help.
c. High School Wrestling Mats available.
The Mat Club also sponsored the 7-8 Grade Program held during the normal
winter wrestling season with Greg Stoke having served as coach. This
program is held in the Jr. High School Gymnasium weekday afternoons. The
primary source of income besides nominal registration fees is the
co-sponsorship of one weekend Softball Tourney in August with Shakopee
Community Recreation with Concession and Parking Revenues totaling about
91, 500. 00. Most of these funds are used for the 7-8 program e. g. coach,
transportation etc.
Chairperson Rielund thanked Mr. Lacins for sharing with the Boardt
Sheldon/Carlson moved to approve the Staff Report. Carried. (Action
approved under Consent Business)
Report consisted of :
a. June Activities (continued strong summer start made in May)
b. Current Programa (Great Participation/Quality Activity)
c. Brochure Review Report (Decision delayed until end of year )
d. Athletic Field Improvement Report (Requesting funds from Lions
Club )
- 1 -
/6
e. Computer Gift Request Report (Request for donation denied)
f. Evaluation Documentation (Final version)
g. City sponsored picnic reminder (All Board Members 8 Families
invited)
h. Early Childhood Report (Written Report from Nancy Delin)
A Hot Air Balloon Special Event was discussed. The event is intended to be
a low key gathering of as many balloons together as possible in one location
for the public to enjoy. A suggestion was given to include a short
presentation by one of the participants as an educational plus for the
public. Because of high visibility to the public, the Sweeney School
Grounds were suggested if physical surroundings are not a problem. The Jr.
High school Grounds is the location used by many of these companies.
Suggested contacts were: Joe Notermann, Steve Sinnen, High S Dri, and Ed
Chapman.
A preliminary Draft of an Auxiliary Agency Annual Report Form was
presented by staff. Suggestions received included:
a. Expand to two pages to allow more apace for response.
b. Ask for names of all officers in additon to the Chairperson.
c. Position address of Chairperson on bottom of Report.
d. Provide space for listing of funding sources.
e. Request on bottom that Form be returned within 60 days of end of
Beason.
f. Within Financial information include amount of fund balance.
g. List revenues and expenditures.
A revised Form was asked to be brought to the August Meeting.
A Proposed Budget for 1988 was presented by Budget Committee Chairperson
Rlalund. Information was provided regarding the following Proposed Changes
from previously presented Proposed Budget:
a. Youth Seasonal Activity Fees increased 91. 00.
b. Adult Seasonal Activity Fees increased 91. 00.
c. New innovative programs.
d. Fee schedule for facility users not sponsored by Shakopee Community
Recreation.
e. Increased fee for Family Fun Nights of 91. 00.
f. Retention of revenue producing selected educational programs.
g. Picnic Shelter fee schedule change.
h. Non resident (legal ) participant aeeeament.
1. Team field reservation assessment for non sponsored shakopee
Community Recreation teams.
j. City Swimming Pool Season Tickets and Lessons Users Service Charge
of 91. 00/ticket.
k. No increase in wage for Director in 1988.
1. Reduction of a number of expenses including supplies, Workmans
Compensation, telephone, printing and reproduction, Conferences and
schools, and Capital Equipment.
Sheldon/Roper moved to authorize a Shakopee Community Recreation Proposed
Budget of 9 165, 618. 00 for 1988 and that furthermore, the City of Shakopee
and School District #720 be requested to each assist in funding this
budget with appropriations of 9 48, 150. 00. Carried.
Roper/Carlson moved that the Five Year Capital Equipment Plan be changed
to reflect a decrease of 9 1, 000. 00 for 1988 with 9 2, 000. 00 being
- 2 -
) 6
allocated to the Auto Fund and S 1, 000. 00 allocated to the Computer Fund.
Carried.
Mark McQuillan reported that the Youth Sports Coalition was again in
business with Pull Tabs at Richards Pub with a completely revamped
program. It is too early for a prognosis of results.
Summer Special Events and Daytime Sports Programs have record turnouts. A
shortage of enough staff for this unexpected increase in numbers is
apparent, but they are doing a tremendous job.
Roper asked if girls could register for Flag Football. The unanimous
response was yea.
Muenchow announced that Kathy Lewis is on vacation this week. Deloria
Gorman is filling in parttime. Muenchow will be on vacation for two weeks
after July 20.
Carlson asked if pitching machines could be used in the youth baseball
programs. The answer would be yea providing that the Youth
Baseball/Softball Association would finance the purchase of the same. She
further reported that at least one spectator was observed drinking beer at
a youth baseball game, also that some coaches were seen smoking near a
baseball field. Alcohol is never approved around youth athletic programs.
Coaches are told not to smoke around their players whether on the field or
off because of the poor example given. The school's no smoking policy to
go into effect later in 1988 will provide some hard and fast rules for
these people.
Motion by Roper/Sheldon to schedule future Shakopee Community Recreation
Board Meetings at 7:00 PM. Carried.
Motion by Roper/Carlson to adjourn. Carried. The Meeting was adjourned at
8:20 PM.
Respectfully submitted,
Dean Roper, Secretary
3 -
MEMO TO JIM STREEFLAND, PRES. - SHAKOPEE LIONS CLUB
FROM GEORGE MUENCHOW, DIN. - SHAKOPEE COMMUNITY RECREATION
SUBJECT REQUEST FOR FUNDING SUPPORT
DATE JUNE 17, 1987
As you know, basball and softball playing is a very important activity
with hundreds of boys and girls every summer in Shakopee. These Leagues
are administered by the Shakopee Youth Baseball/Softball association under
the guidance of Shakopee Community Recreation. Games and practies are
played on diamonds located on school and city property. Most of these
diamonds were constructed 15-20 years ago and just like anything else are
starting to show wear.
THE PROBLEM. . . . . Both the City and the Schools are in the midst of budget
constraints and have difficulty in allocating funds for theme needed
improvements. Safety of youngsters while playing is a major concern.
IMMEDIATE_NEEDS. . 1. Leveling of several infields with Ag. Lime.
2. Replacement of several home made backstops that
were installed over 20 years ego.
REQUEST. . . . . . . . . . Consideration for providing funds for upgrading
youth baseball/softball fields located on school
and city property.
a. 3-6 Backstope at Estimated Cost of 9 1, 500. 00 each.
b. 3-6 Infields (Ag. Lime Application) - a 1, 000. 00 each
c. 3-6 Sets Players Benches - 9 100. 00 /Set
Note: I will be most happy to meet with you and provide any further
information desired. It is our desire to make these improvements
this fall so that everything is in readiness prior to the start of
the 1988 season.
- 1 -
/7
PROCEEDINGS OF THE PLANNING COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA JULY 9, 1987
Chairwoman VanMaldeghem called the meeting to order at 8:29 p.m. with
Comm. Czaja, Foudray, Pomerenke, Rockne and Schmitt present. Also
present were Douglas K. Wise, City Planner; John K. Anderson, City
Ad-t. and Cucl. Steve Clay.
Chair Vanhaldeghem informed the Commissioners that the continuance of the
Public hearing for the. conditional use permit for an open sales lot by
Bart Bradford was supposed to be on tonight's agenda, but the request
has been withdrawn. Therefore, the hearing needs to be opened and
closed tonight.
PUBLIC NEARING - CONDITIONAL USE PERMIT FOR AN OPEN SALES LOT - BRADFORD
Rockne/Pomerenke moved to continue the public hearing to consider the
request for a Conditional Use Permit to operate an open sales lot (flea
market) upon the 36 acres located east of Valleyfair. Motion carried
Tinnnimnualy.
The City Planner stated the applicant bas withdrawn his request.
- . Rockne/Czaja moved to close the public hearing. Motion carried unanimously.
Foudray/Pomerenke moved to approve the agenda as printed. Motion carried
unanimously.
Czaja/Foudray moved to approve the minutes of June 4, 1987 as printed.
Motion carried unanimously.
PUBLIC NEARING - REZONING FROM R-3 to B-1 - CITY OF SHAKOPEE
Czaja/Pomerenke moved to open the public hearing to consider the rezoning
of the property located on the North.side of Bluff.Avenue from Fillmore
Street to just west of Marschall Road from R-3 to B-1. -Motion carried
unanimously. -
The City Planner gave the background of the rezoning consideration. He
said that Schilz Ornamental Iron proposed an addition to its property and
initiated the application for rezoning from R-3 to B-1 to allow expansion
_ of the non-conforming business use. He said since the rezoning to R-3 in
1979, one duplex has been moved intothearea. -
The City Planner addressed the other reasons for rezoning. There has been
no change in the Comprehensive Plan; two businesses have desired to expand
and not been allowed to; there have been no significant change in the
overall goals of the City and no error in the zoning map. A change to B-1
could act as an incentive for commercial business, since rezoning to residen-
tial has not spurred growth.
July 9, 1987 ,
Page 2
The applicants for rezoning are Schilz Ornamental Iron, a vacant lot to
the east and the next lot to the east owned by the Towing Service. This
hearing is to consider rezoning the entire area, butthere can be rezoning
of just a part of it. There was some discussion of the use of various
lots in the area.
Chair VanMaldeghem asked for comments from the audience.
Lydia Rohlfs, 931 East 1st Avenue, states she speaks also for her sister,
who isn't able to attend tonight. They are against the rezoning of their
property, which is located between Main and market Streets, 150 feet.
Bill Hauer, 706 Apgar, owns the property behind the Super America station,
from Naumkeag to the motel. He asked if the zoning had to be changed now,
or if it could be applied for later. He also asked if there would be an
increase in taxes with the zone change.
The City Planner replied that if it is not rezoned now, he would have the
right to apply for rezoning later. However, if it is desired, now is the
time to rezone as long as the City is considering it. He doesn't .know
the effect of taxes on the property. .He pointed out it would change the
acceptable uses from residential to business. At a later time, a rezoning
request would take a -minimum of 60 days to process, with no guarantee of
outcome. Comm. Schmitt said there would probably be an increase in taxes.
Bob Schilz said he is the original applicant for rezoning. If there are
some dissenters to the idea of rezoning, he would appreciate the Planning
Commission honoring his request for rezoning, but still honor the other
property owners' desires. Hesaidthe three people who live across the
street from his shop have signed a paper and they have no objections to
the change in zoning.
Comm. Schmitt interjected he didn't believe the day care property should
- - - be designated as commercial use, because it has a conditional use permit.
Mr. Schilz said the property owned by Les Aoehnen is used by hr. Roehnen
for storage, but is rented out to a body shop and has had a commercial
use for many years.
Dave Manlove, manager of the Red Carpet Inn, stated he has come on the scene
late and discovered the parking area designated for trucks is illegal_ Be
stated the motel owner bought the property with the intention of Providing
Parking, and 'hopefully for trucks. There have been four managers of the
motel, so it is hard to know who knew what when. However, he thinks it
would be appropriate to have this property rezoned for business use.
Chair VauMaldeghem asked for further comments from the audience, and there
were none.
Schmitt/Pomerenke moved to close the public hearing. Motion carried
unanimously.
Florian Mel, 131 North Main, asked about the rezoning for the area where
the rodeo is held. He was informed it is residential, but under considera-
tion to change to commercial.
Motion carried unanimously.
July 9, 1987
Page 3
17
The letter referred to by Bob Schilz was read intothe record as follows: - -
"To Whom it may concern: I have been contacted by Bob Schilz and am aware
of his proposed rezoning of thenorthside of Bluff -Ave. to B-1 Commercial
for the purpose of getting a building permit. The rezoning is to be between
Prairie and Dakota Streets. Signed by Lydia Rohlfs, Ada Rohlfs, Joy Collin.
Lydia Rohlfs stated that Mr. Schilz has been in his business for many years
and they have had no trouble with his business, and she wants to know why
he can't expand, if that is his wish.
Discussion followed regarding whether the owner of Dorothy's Daily Discovery
day care understood that if the zoning is changed her day care would become
a grandfathered, non-conforming use, and if the use was discontinued for
six months it would not be allowed. And even if it was continued, it could'nt
be expanded.
Comm. Schmitt remembered that at the time this area was rezoned from com-
mercial to residental it was to preserve that area for future residential
development with river frontage and availability. The Scherer property,
the duplex and Dorothy's Daily Discovery are at risk for the. rezoning. -
Comm. Rockne commented that the .portion that is business use now isfine,
but he would like to leave the rest residential, because of the unique
location by the river.
Chair VanMaldeghem commented there has been no residential growth in these
years that it has been zoned residential. Comm. Schmitt said once you
intensify the business use, you take away from the integrity of the residential
area, and there is pressure to continue the business use down the line. Be
is comfortable with leaving the business uses present, but not with putting
in more.
Mr. Schilz asked if there is more housing development, how will his busi-
ness be handled? Be said in 1979 he was issued a building permit for his
business, and 3 months later the zoning was changed. Be still nays commer-
cial taxes, based on its use, not on the zoning. So he should be able to
use it commercially. Re mentioned a new ruling by the Supreme Court on this
matter that he believes is pertinent.
Foudray/Pomerenke moved to recommend to City Council rezoning of the pro-
perty north of Bluff Avenue, East of Dakota, including Outlot A, Red Carpet
inn, from R-3 to B-1.
Roll Call: . Ayes; Foudray, Czaja, VanMaldeghem, Pomerenke
Noes; Schmitt, Rockne
Motion carried.
Schmitt/Czaja moved to direct staff to advise the property owner at Dorothy's
Daily Discovery about the ramifications of the proposed rezoning. Motion
carried unanimously.
Scbmitt/Foudray moved for a five minute recess at 9.17 p.m. Motion carried
unanimously.
Chair VanMaldeghem called the meeting back to order at 9:30 p.m.
July 9, 1987
Page 4 ' 1
PUBLIC HEARING - PRELIMINARY AND FINAL PLAT EAGLE CREEK JUNCTION 2ND ADD. /
Czaja/Schmitt moved to open the public hearing to consider the Preliminary
and Final Plat of Eagle Creek Junction 2nd Addition. Motion carried
unanimously.
The City Planner went over the background and considerations of the plat.
Comm. Schmitt stated he is not comfortable with this as a Final Plat
without the final drainage and utilities in place.
The City Planner said there is a requirement for a sidewalk or walkway in
the Developer's Agreement, which goes with the plat.
-
Gary Laurent, applicant, stated that a new plat will negate any recorded
easements or other lines on a plat, but doesn't negate provisions in a
previous Developer's Agreement, so the provision for a sidewalk is still
included. It is already an encumbrance to the property and will pass
with the property.
The City Planner added an item no. a to No. 5 of the staff recommendations
regarding apportionment of installments. Comm. Schmitt asked about the
platted street of Ramsey and how that is being dealt with.
Gary Laurent stated there is no sidewalk on the properties at either and
Of this parcel along Marschall Road, and he doesn't see a purpose for
Putting one in this location, especially since there is one across the
street. He thought it was the City's position to require a sidewalk on
one side only. He pointed out that because the property is zoned R-4,
they are creating lots for a certain use. The reason for requesting the
Preliminary and Final Plats at this time is to expedite the plat so Mt.
Olive Church can build on one of the lots. He would agree to not further
develop the other lots until the final drainage plan is done, as long as
Mt. Olive could proceed.
Comm. Schmitt commented that the code provides for the issuance of one
building permit within theplatupon filing of a preliminary, so approving
this as a preliminary only would not hold up the church.
Comm. Schmitt also commented that this church conducts extensive youth
programs, and neighborhood children can walk to the church, so the side-
walk would have a purpose. He would also recommend to the City the exten-
sion of the sidewalk to CR16. The Super 8 Motel is supposed to beputting
in a sidewalk also, so a sidewalk in this location is appropriate. Comm.
Czaja agreed the need .is there, as he often sees people walking on the
road in this area.
The City Admr. said the City has a performance bond for the construction
of a sidewalk in front of the Super 8 Motel, and has an easement for side-
_ _. walk along the senior citizens apartments at the Southeast corner of 4th
and Marschall Road.
Shakopee Planning Commission
July 9, 1987 /
Page 5
Chair VanMaldeghem asked for comments from the audience, and there were
none.
Foudray/Schmitt moved to close the public hearing. Motion carried unani-
mously.
Schmitt/Czaja moved to approve the Preliminary Plat of Eagle Creek Junc-
tion 2nd Addition, subject to the following conditions:
1. A final drainage plan must be submitted and approved by the
City Engineer.
2. Lot 1 shall be allowed two accesses onto CR17, Lots 2 and 3
shall each be allowed one access onto CR16 and Lot 4 most access -
onto RoundHouseCircle. County entrance permits shall be re-
quired for all accesses onto CR16 and CR17.
3. Drainage and utility easements must be shown around the peri-
meter of each lot. -
4. A sidewalk is required along Marschall Road and CR16.
5. Execution of a Developer's Agreement -for construction of re-
quired improvements, as follows:
a. Street lighting to be installed in accordance with the re-
quirements of the SPUC Manager.
b. Water system to be installed in accordance with the require-
ments of the SPDC Manager.
c. Developer must supply a letter of credit, performance bond
or cash to complete drainage improvements based on the final
drainage plan.
d. Payment in lieu of park dedication shall be required.
e. The developer shall .agree to the City Engineer's method of
apportioning the installments remaining unpaid against the
plat, and the developer waives his right to appeal the appor-
tionment.
6. Approval of a Title Opinion by the City Attorney.
Motion carried unanimously.
PUBLIC HEARING - PTT. OLIVE LUTHERAN CHURCH CONDITIONAL USE PERMIT
Foudray/Czaja moved to open the public hearing to consider an application
for a Conditional Use Permit to construct a church upon 2.75 acres located
at 833 Marschall Road South. Motion carried unanimously.
The City Planner went over the background and considerations of this request.
Chair VanMaldeghem opened the hearing to the public.
Dale Dahlke stated he is the chairman of the building committee for Mt.
Olive, and is available to answer any questions. He added they have com-
plied with the County Highway Dept. regarding entrances on CR17.
Foudray/Rockne moved to close the public hearing. Motion carried unanimously.
Comm. Schmitt asked about the number of parking spaces, and Mr. Dahlke
pointed them out on the plat.
Shakopee Planning Commission
July 9, 1987
Page 6
Czaja/Foudray moved to approve Conditional Use Permit Resolution No. 498
subject to the following conditions:.
1. The church will be allowed no more than two accesses onto Mar-
schall Road; the northern access shown on the proposed site plan
must be altered to intersect with Marschall Road at a 90 degree
angle. The northern access drive to the parking lot must also be
redesigned to provide for better traffic circulation into and out
of the parking lot. County entrance permits shall be required
for the accesses onto CR17.
2. The parking lot must be constructed with a dust free surface.
3. A design detail of the storm sewer inlet must be submitted with
the final construction plans.
4. An outside drop inlet will be required on the sanitary sewer manhole.
5. An erosion control plan for the site must be submitted with the final
construction plans.
Motion carried with Comm. Pomerenke abstaining because of a personal interest.
Schmitt/Rockne moved to recommend to City Council favorable consideration
of the request by -Mt. Olive Lutheran Church to remove the stipulations on
Outlot A, Preliminary Flat of Eagle Creek Junction 2nd Addition. Motion
carried with Comm. Pomerenke abstaining because of a personal interest.
PUBLIC HEARING - JAMS HAUER CONDITIONAL USE PERMIT
Rockne/Schmitt moved to open the public hearing to consider an application
for a conditional use permit to move in a single family dwelling unit upon
the property located on Lot 5, Block 1, Hauer's 2nd Addition. Motion
carried unanimously.
The City Planner went over the considerations, and stated the site is de-
pendent upon the vacation of Austin Street, which is before the City
Council.
Chair VanMaldeghem asked if there were any comments from the audience, and
there were none.
Czaja/Pomerenke moved to close the public hearing. Motion carried unanimously.
Schmitt/Czaja moved to approve Conditional Use Permit Resolution No. 499,
allowing the moving of a dwelling onto Lot 5, Block 1, Hauer's 2nd Addition,
subject to thefollowingconditions:
- 1. The applicant shall show proof of ownership of the lot prior to
the issuance of a building and moving permit. - -
2. The dwelling unit must meet all the requirements of the City
building code within six months after it is moved onto the property.
3. A performance bond shall be required in the amount of the total
cost of the improvements to the property.
4. The location of the dwelling on the site must meet all City Code
setback requirements at the time of the issuance of the building
and moving permit.
5. Final vacation of .Austin Street must be completed prior to the move.
Motion carried unanimously.
Chair VanMaldeghem advised the applicant of the 7 day appeal process.
July 9, 1987 - -
Page 7 //1
PUBLIC HEARING - GREENWOOD CONDITIONAL. USE PERMIT_.- - I
Foudray/Czaja moved to open the public hearing to consider an application
for a Conditional Use Permit to move a single family dwelling unit upon the
property located on Lot 1, Block 3, Killarney Hills Addition. Motion
carried unanimously.
The City Planner went over the background of the request.
Chair VanMaldeghem asked for comments from the audience.
Mr. Greenwood said the home in question is a 3 bedroom home which is rather
nice and should work out well in the location.
Comm. Pomerenke asked if there was any chance of moving the driveway so it
wasn't so close to the intersection. Mr. greenwood said there is an
attached garage, so that limits the location of the driveway.
Foudray/Schmitt moved to close the public hearing. Motion carried unani-
mously.
Foudray/Schmitt moved to approve Conditional Use Permit Resolution No. 500
allowing for the moving of a home onto Lot 1, Block 3, Killarney Hills
Addition, subject to the following conditions:
1. The applicant shall show proof of ownership of the lot prior to
the issuance of a building permit and moving permit.
2. The dwelling unit must meet all the requirements of the City
building code within six months after it is moved onto the
property.
3. A performance bond shall be required in the amount of the total
cost of the improvements to the property.
4. Approval of on-site septic and water systems by the building
official.
Motion carried unanimously.
Chair VanMaldeghem advised the applicant of the 7 day appeal process.
FINAL FLAT HERITAGE PLACE 1ST ADDITION
The City Planner said that Condition No. 6 of the staff's recommendations
refers to a small area that is not owned by the developer, which the developer
will either buy himself, or petition the City to condemn for street improve-
ments.
The City Planner also added language to Condition No. 4 e. "Such letter of
credit or cash shall be released upon filing of the plat."
Comm. .Schmitt said he doesn't think the City should be spending anything
until the developer has completed what is necessary for the completion of
Onyx Drive. The City Admr. explained that if the 429 Process is used, the
whole engineering procedure is alot _longer__thau if the_developer does it. _
He suggested adding the costs of condemnation be covered by the developer.
Comm. Schmitt concurred, as he doesn't want the City to be left holding a
small parcel of property if the plat isn't filed.
Comm. Fourday asked about the one rod exception. Mr. Mike Felix, of Heritage
Development, stated that Scottland owns that property.
July 9, 1987
Page 8
There was some discussion about the location of 13th Avenue and the traffic
congestion with only one access. Chair VanHaldeghem said there is a possi-
bility that all 71 units could be developed with all traffic going on
Onyx and Limestone. She is uncomfortable with all those homes and only
one access.
Mr. Felix stated there is no basis for any traffic capacity problem on Lime-
stone Drive. He added the previously planned location of 13th Avenue was
contiguous to this property, but the City moved the location of 13th Avenue.
There was another point of entry, but the City staff indicated they didn't
want it.
Schmitt/Pomerenke moved to approve the Final Plat of Heritage Place 1st
Addition, subject to the following conditions:
1. The 12" watermain in Austin Street must be extended through the
plat on an alignment approved by SPDC.
2. Additional depth and oversizing of the sanitary sewer will be
required to serve the Scottland property to the south.
3. Outlots A, B and C shall be dedicated to the City for park pur-
poses, which will fulfill the park dedication requirements of
this plat.
4. Execution of -a Developer's Agreement for the construction of the
required improvements as follows:
a. Street lighting to be installed in accordance with the re-
quirements of SPDC. Street lighting should be provided at
both ends of 12th Avenue and two intermediate points on the
north end of the plat.
b. Water system to be installed in accordance with the require-
ments of SPDC. The developer will be reimbursed for the cost
of oversizing of the watermain.
c. Sanitary sewer and storm sewer to be installed in accordance
with the requirements of the design criteria and standard
specifications of the City of Shakopee. The developer will
be reimbursed for the cost of oversizing of the sanitary
sewer.
d. Local streets and street signs shall be constructed in accor-
dance with the requirements of the design criteria and stand-
ard specifications of the City of Shakopee.
e. If the developer files a petition for construction of public
improvements by the City, the developer shall be required to
provide a letter or credit, performance bond or cash which can
be drawn upon to cover engineering costs and any. administrative -
costs relating to condemnation proceedings for Onyx Drive, and
associated land costs for :the road connection between the
easterly terminus of Heritage Drive and westerly terminus of
Onyx Drive. Such letter of credit or cash shall be released
upon the filing of the plat.
5. Approval of a Title Opinion by the City Attorney.
6. The land required for completion of Onyx Drive and its intersection
with Heritage Drive must be acquired from .the Scottland Company and
dedicated to the City for the right-of-way. The developer must
either acquire this land or petition the City to proceed with
acquisition or condemnation of the property prior to construction
of the street.
Shakopee Planning Commission
July 9, 1987 -
Page 9 /
7. The phase one street construction project shall include a
temporary cul-de-sac at the western termini of Heritage
Drive. The developer must provide temporary roadway ease-
ments over Lot 7 of Block 2 and Lot 27 of Block 4 for con-
struction of the temporary cul-de-sac.
S. The developer shall provide temporary drainage easement for
-Lots 2 - 7, Block 2 and Lots 21 and 29 of Block 4 for con-
struction of the temporary drainage containment facility.
9. The final plat must show drainage and utility easements along
side lot lines. -
10. The signature block for the Zoning Administrator shall be
omitted from the final plat.
11. The developer shall provide a recordable agreement stating
that not more than 10% of the plat will be developed into
twin homes. Twin homes will require separate utility connec-
tions and sites must be identified before installation of
utilities.
Motion carried with Chair VanMaldeghem opposed.
OTHER BUSINESS
The City Planner reported that legal counsel is looking into the new
Supreme Court decision to see if it has any relevancy to the Planning
Commission.
The City Planner informed the.Commissioners of the City Council's actions
on the Stonebrook decision.
Schmitt/Czaja moved to direct staff to determine what can be done with
the Ramsey Street extension north of Shakopee Avenue immediately adjacent
to Eagle Creek Junction 2nd Addition. Motion carried unanimously.
Schmitt/Czaja moved to adjourn. Motion carried unanimously. Meeting
adjourned at 11:10 p.m.
Douglas K. Wise
City Flamer
Diane S. Beuch _.
Recording Secretary
e ,
1/
PROCEEDINGS OF THE
BOARD OF ADJUSTMENTS AND APPEALS
REGULAR SESSION SHAKOPEE, MINNESOTA JULY 9, 1987
Chairwoman VauMaldeghem called the meeting to order at 7:30 p.m. with
Comm. Czaja, Foudray and Pomerenke present. Comm. Schmitt and Rockne
arrived later, and Comm. Schwartz was absent. Also present were City
Planner Douglas K. Wise; Cucl. Steve Clay and City Admr. John K. Anderson.
Czaja/Pomerenke moved to approve the posted agenda. Motion carried
unanimously.
Czaja/Foudray moved to approve the minutes of the May 7, 1987 meeting
as printed. Motion carried with Chairwoman VanMaldeghem abstaining
because of her absence at that meeting. _
Czaja/Pomerenke moved to approve the minutes of the June 4, 1987 meeting
as printed. Motion carried unanimously.
PUBLIC HEARING - VARIANCE RESOLUTION NO. 496; GERALD SCHESSO
Foudray/Pomereuke moved to open the public hearing to consider an appli-
cation for variances from City Code Section 11.03, Subd. 6, regulating the
construction of accessory buildings upon the property located at 1199 Quincy
Street. Motion carried unanimously.
The City Planner went over the background and considerations of the request.
Chairwoman Vanhaldeghem asked for comments from the audience.
Mike Stuben, 1199 Quincy Street, stated this is definitely a temporary
structure, and will be removed as soon aspossible; it is basically a tent.
Re added that St. Mark's church has an annual summertime event for which
they put up a big tent and are not required to have a permit or variance.
He thinks this is about the same difference.
Loren Wolfe, 1611 E. Shakopee Avenue, stated he is a friend of the boat
builders. He has hadtheopportunity to work with many city officials in
other cities and has never seen before a more glaring example of an ounce of
prevention being worth a pound of cure. It is his suggestion that this
board allow this structure temporarily for building the boat. He thinks
there is no way this could be defined as an accessory structure, as it does
not serve the residence.- If steps had been taken at the onset this could
have been prevented. The petition was passed after the structure was put
up and the people who are most concerned have spoken. Therefore, it serves
no good goal to prevent the construction of this boat.
P«
' July 9, 1987 A
Page 2 / 1
Comm. Schmitt arrived and took his seat at 7:38 p.m.
Cncl. Clay asked if a variance for a limited time could be granted. Chair
Vanhaldeghem replied there is no legal way to do that.
Chair Vanhaldeghem asked if there were any further comments from the audi-
ence, and there were none.
Foudray/Czaja moved to close the public hearing. Motion carried
unanimously.
Comm. Czaja asked if the application for a building permit constituted an
admission that this structure is a building. The City Planner related the
events leading up to this application. He said the building was started
-- without a permit and the City issued a Stop Work Order, advising the owners
to apply for a building permit; which they did. The building permit was '
denied by staff on the basis that it didn't meet the code because of size,
height, square footage and setbacks. Applicants appealed the staff deci-
sion to this board.on June 4. At that meeting it was decided it is an
accessory building and needs a building permit. - The code doesn't differ-
entiate between permanent and temporary structures. The variance can be
only granted for certain specific circumstances.
Comm. .Schmitt asked why this couldn't be dealt with as a conditional use
permit to allow the construction of a temporary accessory building for a
certain purpose. He also thought there are other items to be dealt with,
such as storage of certain materials, length of time and parking, etc.
The City Planner advised that a variance request should be the minimum
that would alleviate the hardship, and he wasn't sure if time could be
considered a factor in minimizing a hardship.
Chair VanMaldeghem recalled a legal opinion stating that conditions could
not be put on a variance.
The applicant indicated they hope to finish the boat as soon as possible,
hopefully fall of 1988, but there are so many variables, mostly the weather.
They can only work on the boat on cloudy, dry days, and without the cover,
6 years could be added onto it.
Chair VanMaldeghem asked why a pole barn or other large structure _wasn't
rented. Tim Henning, 154 Judith Drive, Chaska, replied that they are on
a limited budget. Chair VanMaldeghem responded that a variance cannot be
given for financial reasons. Mr. Henning related that he came into City
Hall with the plans and was told he could build a boat in his backyard as
long as it wasn't an ocean liner. He told them it wasn't an ocean liner,
but it was going to be big. He thinks the problem is this situation doesn't
fit into any of the rules and codes. Comm. Schmitt said the structure does
have 4 corner posts, semi walls and sometimes a roof, so it is basically
a building.
Chair VanMaldeghem said she just doesn't see a hardship as there is no
unique topography or extraordinary circumstances.
Scaly 9, 1987
Y Page 3
Pete Way, 16536 Francise Avenue, Rosemount, said heisone of the boat
people, and the property is unique in that it is bounded on three sides
by streets and no one is offended by the structure.
The City Planner clarified there were no complaints voiced at the public
hearing, but the City has received complaints about it. The applicants
maintain that anonymous complaints are not valid complaints.
Pomerenke/Czaja moved to deny Variance Resolution No. 496 based on the
lack of special circumstances of the property. Motion carried with Comm.
Schmitt abstaining because he came in late to the discussion.
Chair VanMaldeghem advised the applicants of the 7 day appeal process,
which should be written and submitted to the City Planner. She further
explained that if this decision isnotappealed in 7 days the City has the
right to take them to Court to have the structure removed. The City Ad,z.
advised the applicants to exhaust the local appeal process first if they
intend to take the decision to Court.
There was some further general discussion about reviewing the code, and
the City Admr. stated the City's readiness to listen to other and further-•%
suggestions and new ideas.
PUBLIC HEARING - VARIANCE RESOLUTION NO. 497; STEVE PLONSRI
Czaja/Pomerenke moved to open the public bearing regarding the application
for a variance of 18 feet from the front yard setback requirements to
build an attached garage at 1015 .Shakopee Avenue East. Motion carried
unanimously.
The City. Planner went overthebackground of the request, and stated the
house was built 6 years ago.
Steve Flonski stated their hardship factor was that they have had several
things stolen, such as a lawamower'and bike. They don't want a detached
garage because it will take away from their view out the kitchen window.
Mrs. Plonski said she doesn't know where a garage can be attached to the
rear because of the hill and erosion. That would also take away the area
where their children play. She added the area in question has been used for
parking for 6 years, so people have gotten used to looking around it.
Chair VanMaldeghem opened the hearing to audience comments.
Al Olson, 870 Prairie, said he lives right across from where the garage will
go, and he asked fora-definition-of. the right ofwaylocation. The City
Planner replied it is 13 feet from street curb line to lot line. The
applicants are asking for an 18 foot variance from the 30' required setback.
Mr. Olson said the street is wider than usual, and going back 30 feet is pretty
close to the .house.
Mr. Plonski said there is plenty of vision, and none of the houses are lined
up as you look down the street, because it curves. He added the drawing
submitted was incorrect, as they want to set the garage back a couple of
feet from the house, not flush with it. Mrs. Plonski said they would .accept
a smaller garage if it could be in this location they want.
Comm. Rockne arrived and took his seat at 8:14.
Shakopee BOAA
July 9, 1987
Page 4
Czaja/Schmitt moved to close the public hearing. Motion carried unani-
mously.
Schmitt/Czaja moved to deny Variance Resolution No. 497 based on the
following:
1. The residence was constructed two years after the present ordinance
was approved setting forth standards of 30 foot setback; and
2. A variance would give the applicant use of the property not given to
other adjoining property owners on the corner' immediarely to the
north, who constructed their buildings in accordance with the ordinance;
because this is not a unique parcel. _
Motion carried with Comm. Rockne abstaining because of his late arrival.
Chair VanMaldeghem advised the .applicants of the 7 day appeal process.
OTHER BUSINESS
The City Planner informed the Board of City Council action on the appeals
of Goodyear and Aamco Transmission.
Schmitt/Pomerenke moved to adjourn. Motion carried unanimously. Meeting
adjourned at 8.28 p.m. -
Douglas X. Wise
City Planner . . -.
Diane S. Bench
Recording Secretary
I �
CITY OF SHAKOPEE'
INCORPORATED 1870
129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379-1376 (612)"5-3650
July 30, 1987
Mr. Rod Krass -
Krass and Monroe
327 South Marschall Road
Shakopee, MN 55379
Re: Stonebrook Golf Course and PUD Development Injunction
Dear Rod:
I would like to personally thank you for being available on
such short notice for the Stonebrook injunction hearing today
before Judge Menke. I have contacted you occasionally in the
past to discuss improving your firm' s response time, so this
letter is to thank you for responding so effectively with less
than one day's notice. It was a pleasure to sit next to you as
you handled the presentation before Judge Menke so calmly and
effectively.
I know it is a great comfort to City Councilmembers and City
staff members to have you as the City's legal counsel. Today was j
no exception. We all appreciate having your legal skills on
"our" side.
Thank YOU,
John K. Anderson
City Administrator
JKA/jms
cc: contract file
The Heart of Progress Valley
AN EOUAI OPPoATUNITV EMPIOVER
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer/—+
SUBJECT: Monthly Project Status Report
DATE: July 31 , 1987
Attached is the Project Status Report for the month of July,
1987 .
PROJECTS COMPLETED
Timber Trails
1987 Seal Coat Project
T.H. 101/C.R. 83 Signalization Project
Hauer' s Fourth Addition
PROJECTS UNDER CONSTRUCTION
Parks Project
13th Avenue ; C.R. 89 - East
1987 Overlay Project
PROJECTS UNDER CONSTRUCTION IN AUGUST
Parks Project
13th Avenue; C. R. 89 - East
1987 Overlay Project
Downtown Streetscape Project
Railroad Crossings
PROJECTS IN PLAN DEVELOPMENT
10th Avenue Overlay
Marschall Road Watermain
Upper Valley Drainage
13th Avenue ; C. R. 16 to C.R. 17
VIP Sanitary Sewer Extension
6th Avenue Sanitary Sewer
Heritage Place
KA/PMP
STATUS
----------------------
----------
-_ __ -_ __
I g I I
I I i I I
__________________________________1_______-_______
-------- --------
I 1
2
S I
I
I a t o I
1
n
F N - m I I 1 e as
I
I
1 ,
I
I= o I
S i
S
I d
M W m
I
n
�W
------------------------
6 �
______________ _ _ _ _ _ _ _ _ _
e ^$
--
-------- ------------------------ ------------------
__-_____ ______________________ -________________
a
-e e
¢ ^
W
e �
__-___--- --___-_-_ - __________
ee =e e
� o
w - m
P
Pi
$
i�• e a a m
i$
ia� i c i
a
aW
mea ¢- m
m 2ta
s,
fo
NOTICE
FILINGS OPEN
CITY OF SHAKOPEE --
Notice is hereby given that affidavits of candidacy may be filed
in my office at 129 East First Avenue between 8:00 a.m. and 4:30 p.m.
beginning Tuesday, August 25th and ending Tuesday, September 8th for
the offices of:
1 MAYOR - Two year term
3 COUNCILPERSONS - Four year term
Dated this 31st day of July. 1987.
Judith S. Cox
City Clerk
City of Shakopee
m A
N N +
V N +
O U p
v• w �� U m
OD a P b
I N N
Ie zb to N r
v A v
U d
(> 1.0 N ,
I
OD
� V O
N �
r
OD
%
I
W v' v
i
N
N CO + A
N
P O N U
N N +
i N
N N +
Ul /� U N +
w
C2
O N U P
O V P p
W U N +
� CO)
CR
Imio1
�1' z
yim 00
i I `0 N L1+
W
N U U
N +
U P O
N +
RON
''^^
, V N V1 Q.7 i � moo
N N +
I C 1 O b P
�' wau` S• N � +
\ N N +
O N U W
410
V U m
ry io ,
CJS
co
o
CT
1 '
W I ,
i
v O CO) Cr
oOl< o N N +
G N +
(J N +
I , zz RE
1 N N +
OD 4P v
in a
o� 0
`p 00
b
c.
�1 &
P d N t
V O U O
N N +
1 4, ` ' / N
v) N +
U P �
4 � M
O UOD
P K
SS N 11 A
I N +
'`• � to
Fry
ION C NO
Z,
r : r
i i
wOl
s '
L ^ pC
------------------
OD
�P v
It
x
a ec I°
i f
V �I
III ,
00
a
• N (� 00
� x
1
t
3 = o
W
g o _ OD
U P o Z Y
ON 1.0 N
v
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 4, 1987
Mayor Reinke presiding
1] Roll Call at 7:00 P.M.
2] Recess for H.R.A. Meeting
3] Reconvene
4] Reading by Mayor Reinke of City's Non-Discrimination Policy
51 Liaison Reports from Councilmembers
6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
7] 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. )
*8] Approval of minutes of July 7 and July 14, 1987
91 Communications:
a]
b]
10] Public Hearings:
a] 7: 30 p.m. - Proposed improvements to 13th Avenue between
CR-16 to CR-17 by streets, storm sewer, water-
mains, and sanitary sewer
b] 7:30 p.m. - Proposed extension of the V.I.P. Sanitary Sewer
from CR-17 to CR-79
c] 8:30 p.m. - Appeal of Board of Adjustment and Appeals denial
of variances regulating the construction of
accessory buildings for property located at
1199 Quincy Street
d] 8:45 p.m. - Appeal of Board of Adjustment and Appeals denial
of an 18 foot front yard setback variance to
build an attached garage at 1015 E. Shakopee Avenue
11] Boards and Commissions: Planning Commission
a] Starwood Music Center Public Hearing
12] Reports from Staff: [Council will take a 10 minute break around 9:001
a] Downtown Streetscape Project
*b] Consultant Selection Process - 169 Minibypass Design
c] Vierling Drive - CR-16 to CR-17
zolu-14sTITMPy AgTO
uosz. IV IN ugor
'm'd 00:L IS L86T '8T gsnbny 'dppsany Oq UznoCpy [ST
Iq
[p
:SsaUTSnH zag40 [4T
abn;all a;TTPTTM TPUOTgpN agg u?qg?M
bu?;Dogs Pup bu?qunH bssTpzpbaz apo0 Aq?O bu?puamy ' EZZ 'ON 'Pz0 [ C
49924S XTOd OTZT gp bUTPTTnS p
;o UOTgOazg 30 PaTTTa aq vo?gpnLOxg bUTzapzO 'ZLLZ 'ON 'sag [T*
TT-986T 'ggzON aAT.za Xzpd 11911PA 'sguamssassy Pasodozd ;o
UOTgpzpdazd pup passassy aq oq gso0 buTaPToaa 'TLLZ 'ON •sag Iqr
£T-L861 'UOTSuagxg zaMOS AaP4TuPS dIA 'soadS Pup
supTd ;o uoTgpzpdazd Pup quamanozdmT buTzapao 'OLLZ 'ON •sag [b
V-L861 'UTpmzagpM PEOH TTpgoszpW 'sguamssassy pasodosd ;o
uo?gpzpdazd Pup passassy aq oq 4s00 buTaRTOaQ '69LZ -ON 'sag
D-L86T 'u?pmzagpM PEOH TTpgoslLw
'SPTH zo; py bUTzapzO 'soadS pup supTd anozddy '89LZ 'ON 'saH [ax
6T-L86T 'aopTd abpgTzaH -'squamssassy pasodoaa ;o
uo?quavdazd pup passassy aq Og 4SO0 bur2pT09a 'L9LZ -DN •saH [P,:
VT-LB61 'aopTd abpg?zaH
'SP?H 20; PV bu?zap20 'soadS Pup supTd anozddy '99LZ 'ON 'sag IOx
spuoH 41161119n0zdmi
'O'D 000'90L$ ;o aTpS pup aoupnssI '6LLZ 'ON 'saH [Z
spuoH guamazOUl
xpy 'O'D 000'099'Z$ ;o aTpS Pup aOUpnssI '£LLZ 'ON 'sag IT
SPUDS ;o aouunssi [q,
(Omani bu?zq - ppllabp 8Z/L ggTM pagngTzgs?p) za4ua0 oTsnN
POOMaPIS zo; gaagSXaOM quamssassy TpquamuOZTAug 'S9LZ *ON 'sa-d [I'
:S90UPUTP20 Pup SUO?gnTOsag ICT
zag;?Z mzy OTTnpzpAH [b„
UOON 00:ZT azo;aq dppun5 uo zonb?7 bu?gpo?xoquI ;o aTpS (d
asuao?Z au?M p asPun zaaH buOzgS ;o aTpS [o
46'E6S'L9Z$ ;o qunOwy agg UT STTTH anozddy (u
S90TA29S gTPny L861 Imx
IiSLO .,9TgPTTPAV,, IT
AOTTod „zamOTa,, [Xa:
Tpsodozd aA?quaOVl quamdOTOA9a vTwou0og gSaM- -S-'TI IC_
quamaazby mpzbozd dn-XOatjO dbzaug amOH 00sp69UTITy IT*
L86T u? quamgsnCpy ggzoM 9?gpzpdmo0 ;o y/T buTguamaTdml
z0; guamgoTTV 88-L861 buTpung TvuOTgTppy 10; gsanbwa Iqa -
sXoaa uo sanoagzpH/sTTTzO b=4vTn5ag aoupuTpao Pasodozd [b,:
SUOTSSTMO3 pup spzeOH 04 suo?gpu?mON [;s
'IS z9TTn3 9 'any tlgti - abpub?S AaOgpTnbag-pup. Toz41100. 0T;T7xl Is ---___. -
gnamanozdml zOPTzz00- ppOzTTPH [P -
:P9nUT4n00 ;;PIS M02; sgzodaH (ZT
oml abed
L86T 't gsnbny
yQIT3`Jy HAISYSNa.1
TENTATIVE AGENDA -
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Session August 4, 1987
Chairperson Leroux presiding
1. Roll Call at 7: 30 P.M.
2. Approval of Minutes of July 21, 1987
3. Other Business
4. Adjourn
Dennis R. Kraft
Executive Director
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
SPECIAL MEETING SHAKOPEE, MINNESOTA JULY 21 , 1987
Chairman Leroux called the meeting to order at 7 :06 p.m. with
Comm. Wampach. Lebens. Vierling and Clay present. Also present
were Mayor Reinke, John K. Anderson, City Administrator, Dennis
Kraft, Executive Director, Ken Ashfeld, City Engineer , Douglas
Wise , City Planner , Judith S . Cox, City Clerk, and Julius A.
Collar, II, City Attorney.
Vierling/Lebens moved to accept the special call. Motion carried
Unanimously.
Wampach/Vierling moved to approve the minutes of June 16, 1987 .
Motion carried Unanimously.
Dennis Kraft, Executive Director , introduced a preliminary
proposal for a potential downtown redevelopment project submitted
by Mr. David Brown. The proposal is for the construction of an
office and professional building and Mr. brown is requesting
consideration for possible issuance of tax increment financing
for this project which is to be located on the North side of
Second Avenue between Lewis and Sommerville Streets. The
property is currently zoned B-3 and most of the property is
vacant ; a parcel , currently owned by Mr. Leo McGovern is
presently occupied by an automotive repair garage.
Mr . David Brown. 322 West Fifth Avenue , Shakopee, introduced
himself as a local developer . He stated the issue for
consideration is whether there is a desire for office space in
the downtown area.
The preliminary proposal, including problem areas, was reviewed.
Included in discussion was the use of tax increment financing for
this project, parking facilities to accomodate the building, and
a method of construction to allow for a future change from office
to retail space and for building expansion, if desired at a later
date. Mayor reinke stated that if the McGovern property is to be
included with this project, there should be a private appraisal
obtained on that property, as well as having Scott County
contacted as to the property valuation.
Clay/Vierling moved to approve the general concept submitted by
Mr. Brown as outlined in the HRA Director' s memo and to direct
Staff to work with Mr. Brown to further specify and conceptualize
the project.
Roll Call : Ayes: Comm. Wampach, Vierling, Leroux, Clay.
_ Noes: Comm. Lebens
Motion Carried.
2'
Housing and Redevelopment Authority
July 21 , 1987 -
Page 2
The Executive Director reported that in July, 1986 ,- the HRA
authorized issuance of $500 ,000 in tax increment bonds for the
purpose of allowing Mr . Wallace Bakken to make certain
improvements to the Shakopee Valley Motel (a motel expansion, a
resturant and a campground) . One condition in the agreement was
that construction would begin early in the Fall of 1986 and this
did not occur . Mr . Bakken would like to proceed with
construction of a campground at this time, to be followed later
by the motel and resturant projects.
Alternatives were explored. Mr. Bakken addressed the HRA
concerning the original plans and what is now being proposed
insofar as a campground site . Mr. Kraft indicated that Mr.
Bakken has questioned the possibility of a parial released of tax
increment funds for the campground improvement. Mr. Kraft
further indicated that before offering a comment on that matter
he would want to do an evaluation or financial analysis to
determine the present status, what the value is, what the debt
service is on the bonds and what the payments will be, based upon
Mr. Bakken's request.
Wampach/Vierling moved to request additional information from
Staff regarding the possible financial short-fall on this
project. Motion carried Unanimously.
Vierling/Clay moved to adjourn the meeting at 7:55 p.m. Motion
carried Unanimously.
Dennis R. Kraft
Executive Director
Betty Brumm
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL - - -
REGULAR SESSION SHAKOPEE, MINNESOTA JULY 7, 1987
Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl.
Leroux, Lebens, Wampach and Clay present. Cncl. Vierling arrived
late. Also present were John K. Anderson, City.Administrator;
Douglas Wise, City Planner; Dennis Kraft, Community Developer
Director; Kenneth Ashfeld, City Engineer; Judith S. Cox, City
Clerk; and Julius A. Coller II, City Attorney.
Liaison reports were given by Councilmembers. -
Mayor Reinke asked if there was anyone in the audience who wished
to speak on any item not on the agenda. There was no response.
Cncl. Vierling arrived and took her seat.
Lebens/Leroux moved to approve the consent business.
Roll Call: Ayes; Unanimous
Noes; None
Motion carried.
Wampach/Lebens moved to receive and place on file the
correspondence from Peter E. Meintsma, Chairman, Metropolitan. .
Waste Control Commission regarding a breakfast meeting on the
MWCC budget for the coming year. Motion carried unanimously.
Lebens/Leroux directed staff to set a hearing date to consider
the request of Fish and Wildlife Service to allow bow and arrow
hunting of deer (and sometime in the future shotgun slug hunting
for deer) north of Highway 101 and south of the river on U.S.
Fish and Wildlife Service managed lands within the City limits of
Shakopee. (Approved under consent business. )
Thomas Edman, Mount Olive Evangelical Lutheran Church, addressed
the Council requesting issuance of a building permit for a new
church to he constructed on Marschall Road prior to the filing of
the final plat of Eagle Creek Junction 2nd Addition but after
approval of the plat by the Planning Commission and the Council.
He explained that they have sold their church and that the time
frame for constructing a new church is short. Discussion
followed.
Leroux/Vierling moved to table the request of Mount Olive
Lutheran Church to obtain a building permit prior to filing of
the final plat, in order that the City Attorney. may --research-.-the -- - .
City Code. Motion carried unanimously.
The City Planner - reported that the Planning Commission has -
approved the final planned - unit development plan for Stonebrook
Development (O'Dowd Estates and Golf Club) . He explained the -
elements of the plat which have been corrected since the Council
Shakopee City council
PageTwo
July 7, 1987
last saw the proposed plat. The City Planner suggested that two
additional conditions be added to the development agreement: (1)
The City will dedicate the remainder of the right-of-way for the
road adjoining the park (Londonberry Cove) . The developer agrees
to pay for the road construction. The City will not utilize the
road for park access, however, if at some point in the future the
City does use the road for park access, the City will reimburse
the developer for part of the cost of the road. ( 2) The City
agrees to lease to the developer the 66 feet of park land between
Lake View Drive and Lake O'Dowd for $1.00 in exchange the
developer agrees to maintain the property. He explained that the
developer plans to develop the area in phases and that the trail
would be put in with the first phase with a rock base only and
that the balance would be completed at a later date.
Cncl. Leroux raised the question as to whether or not the City
could dedicate one half of Londonberry Cove for public right-of-
way since it is part of City park land which was purchased with
LAWCON grant funds. Gary Laurent, developer, explained that the
development will be platted in phases and that the street would
be platted as an outlot; therefore, there would be time to look
into the requirements as far as dedicating park land for public
right-of-way.
The City Planner stated that the cost of building the trail would
be included in figuring the park dedication cost.
Discussion ensued on whether or not Lake View Drive should be a
through street to County Road 79 as opposed to being a long cul-
de-sac with an emergency access- only to County Road 79.
Clay/Leroux moved to amend the previous condition of April 21,
1987 on Stonebrook Planned Unit Development to require that Lake
View Drive South shall end at the established cul-de-sac; that a
16 foot emergency access road, within the 66 foot right-of-way,
built to City standards to hold emergency vehicles, . shall be
extended from the cul-de-sac to County Road- 79; that the emer-
gency access shall be closed year round but there shall be break-
away barriers at one or both ends; and that the developer shall
maintain the 16 foot emergency access road year . round (including
snow removal) . Motion carried with Cncl. Vierling opposed.
The City Planner explained that after the Council approves the
final plan and the development agreement for -Stonebrook Planned
Unit Development that the developer will have-to come- back- with
the final plat which establishes the lot lines and dedicates the
streets. -- -
Leroux/Clay offered Resolution No. 2749, A Resolution Approving
the Final Plan and Development Agreement for Stonebrook Planned
Unit Development, as amended this evening (including the two
additional conditions recommended by the City Planner) and moved
its adoption.
Shakopee City Council .
Page Three
July 7, 1987
Joseph Johnson, resident in Timber Trails, questioned if the 66
foot park access to the Lake from Timber Trails should be leased
to the developer. This access has been used by property owners
and was a selling point to the lots in the area.
Gary Laurent, developer, explained that he didn't think that the
manager of the golf - course or he as -developer have any problem
with the residents in this area crossing the back part of this
area to get to the lake just as they have been doing all along.
Joseph Johnson expressed his concerns with the driving of golf
balls across the lake. Tom Haugen, developer, explained that
this issue has been addressed through the Department of Natural
Resources and that they have put some very strict guidelines on
what they can do and what they cannot do.
Roll Call on Resolution No. 2749: Ayes; Cncl. Vierling, Leroux,
Clay and Mayor Reinke.
Noes; Cncl. Wampach, Lebens
Motion carried.
Mr. Laurent asked if he could obtain a grading permit for the
golf course pursuant to Resolution No. 2605 which sets for a fast
tracking process for the issuance of building permits.
Cncl. Leroux stated that this request is similar to the request
of Mount Olive Lutheran Church requesting issuance of a building
permit prior to filing of the final plat. Mayor Reinke asked the
City Attorney to explain what he had researched in the City Code.
The City Attorney explained that Outlot A of Eagle Creek Junction
1st Addition is a platted and recorded lot of record and that a -
building permit could be issued unless there is something in the
developers agreement which would preclude the issuance of a
building permit. He also explained that Mr. Laurent' s request
was different in that the final plat of his development has not
yet been recorded.
Leroux/Wampach moved to remove from the table the request of the
Mount Olive Evangelical Luthern Church for issuance of a building
permit prior to recording of the final plat. Motion carried
unanimously.
The City Planner explained that boththe--final plat approval-and- -
the developers agreement for Outlot A (Eagle Creek Junction 1st
Addition) provides that Outlot A shall be undevelopable until it
is replatted. The City Attorney explained that in order to
change this condition City Council would need to amend the
resolution giving final plat approval to Eagle Creek Junction 1st
Addition and also the developers agreement- would .have to be
amended. Discussion followed. - -
Shakopee City Council -
Page Four
July 7, 1987
Vierling/Leroux moved to direct staff to conduct the proper
research and bring back the request of the Mount Olive
Evangelical Lutheran Church for a building permit to Council for
consideration at the July 14th Council meeting. Motion carried
unanimously.
The City Attorney will meet with the City Engineer -and -research-
the City Code and if there is nothing precluding it, a grading
permit can be issued to Mr. Laurent for the golf course.
Leroux/Vierling moved for a five minute recess at 9:00 p.m.
Motion carried unanimously.
Lebens/Vierling moved to reconvene. Motion carried unanimously.
Wampach/Lebens moved to open the public hearing on the proposed
improvement to Market Street from Second Avenue to Fourth Avenue
by street construction, continued from May 12, 1987. Motion
carried unanimously.
The City Engineer provided the Council with additional
information on the proposed improvement, which was requested by
Council at the initial public hearing. He looked at a dust
coating application for this year and explained that the property
owners are in agreement with it. He looked at reducing the scope
of the project and the only way is to eliminate the concrete
sidewalks. He looked at the construction of cul-de-sacs versus
the two block through street and explained that he has not been
successful in designing cul-de-sacs that are cost effective or
serviceable. He has obtained a market analysis from three
competent real estate brokers and in their opinion the increase
in the value of the properties as a result of the construction of
the improvements ranges from $2,000 to $4,000. The City Engineer
explained four alternatives the Council may wish to consider
regarding this proposed improvement. Discussion ensued on the
opening of the railroad tracks, extending the improvements to
Sixth Avenue or Tenth Avenue and completing them at a later date,
and dust control applications.
Debbie Snyder, 638 East Fourth Avenue, stated that she does not
want the street to go through because of the additional traffic
it would generate.
_ Mayor Reinke asked if there were any additional comments from the - -
members of the audience.. There was no response.
Leroux/Vierling moved to close the public hearing. Motion
carried unanimously.
V
Shakopee City Council
Page Five
July 7, 1987
Leroux/Vierling moved to receive and place on file the
Feasibility Report on the improvement to Market Street between
Second Avenue and Fourth Avenue.
Roll Call: Ayes; Unanimous
Noes; None
Motion carried.
Mayor Reinke explained that the improvements will not be made at
this time.
Leroux/Lebens moved to open the public hearing on the appeal by
Burdette Smythe of the Board of Adjustment and Appeals affirming
staff decision that temporary construction buildings do not
include living quarters. (Good Year Service Center on Marschall
Road) Motion carried unanimously.
Mr. Smythe stated that the trailer is being used for an office
and to provide security for the site. He explained that he does
stay in the trailer during the week but that he does go home on
weekends. The job started around the 4th of May and has only
four to six weeks to go and he is asking to be able to complete
his job.
The City Planner explained that a temporary construction building
is a permitted accessory use in the B-1 district however staff
does not interpret this provision to include a living site.
Discussion followed.
Leroux/Wampach moved to close the public hearing. Motion carried
unanimously.
Vierling/Leroux moved to concur with the decision of the Board of
Adjustment and Appeals, and approve Appeal Resolution No. 495,
denying the use of temporary construction buildings as living
quarters. Motion fails with Cncl. Vierling, Leroux and Mayor
Reinke in favor of the motion. Discussion followed.
e The City Attorneyexplainedthat since the action of the Council
does not concur with nor reverse the decision of the Board of
Adjustment and Appeals, the decision of the Board of Adjustment -
and Appeals for denial stands because it is the last valid act.
Leroux/Vierling -moved that further enforcement of the code be - -
delayed to give Mr. Smythe an opportunity to vacate living on the
premises until -5:00 P.m. ; Friday, July. 10,- 1987-. Motion: carried
unanimously. - --
Leroux/Vierling moved to open the public hearing on .the appeal by
Beverly Koehnen of the Board of Adjustment and Appeals approval _ _
of a variance to reduce the required parking stall requirements -
for the proposed addition to the Aamco Transmission Shop at 630
East First Avenue. Motion carried unanimously.
Shakopee City Council
Page Six
July 7, 1987
The City Planner explained that the Board of Adjustment and
Appeals has approved a variance from the required 40 parking
stalls to 34 and Ms. Koehnen has appealed that decision.
Discussion ensued on whether or not an additional variance. -is
required for the setbacks from the property line.
Beverly Koehnen, adjacent property owner, stated that if the
variance request for the 34 parking stalls is approved now, that
would be pre-prejudicing a second variance request. She also
questioned whether or not the plantings required by the new
parking requirements were in the City boulevard instead of on the
applicant' s property.
Jim Bartlett, representing the developer, stated that it was
unlikely that they would need the 34 stalls and that parking is
the main issue; they will come back later if setback variances
are necessary.
Clete Link explained that when the City was first approached for
setback variances it was because there was no way to get a
building on the property. He recommended looking at the setback
requirements in the B-1 zone. Some cities don't require
setbacks.
Beverly Koehnen suggested that the City look and see if an alley
is desirable in this location.
Cncl. Leroux stated that it looks like two potential variances
are necessary, one from the parking requirements and one from the
setback requirements, and that he would prefer them both to be
considered at the same time.
Mayor Reinke asked if there was additional questions. There was
no response.
Clay/Leroux moved to close the public hearing. Motion carried
unanimously. - -
Leroux/Wampach moved to refer the variance request by
Breckenridge Development (Aamco Transmission Shop) back to the
Planning Commission for further study as regards not only parking
stall requirements but potential side, rear, or front .yard
setback requirements. Motion carried unanimously. _
After the nominees for the - vacancy on- the- -Planning Commission - - -
were given an opportunity to respond to questions bytheCouncil,
the following balloting took place:
Shakopee City Council
Page Seven
July 7, 1987
First Ballot:
Terry Forbord - Cool. Clay, Vierling
Jim Link - Mayor Reinke -
Todd Schwartz - Cncl. Lebens, Leroux, Wampach
Lee Stoltzman - None
Second Ballot:
Terry Forbord - Cncl. Clay, Vierling,
Todd Schwartz - Cncl. Lebens, Leroux, Wampach,
Mayor Reinke
_ Leroux/Lebens moved to appoint Mr. Todd Schwartz to the Planning
Commission to fill the unexpired term expiring January 31, 1991.
Motion carried unanimously.
Leroux/Vierling moved to direct the appropriate City officials to
reimburse Gene and Gwen Berg of 1601 East Shakopee Avenue for 758
of the installation of a back -flow preventor after two plumbing
estimates have been secured.
Roll Call: Ayes; Unanimous
Noes; None
Motion carried.
Vierling/Leroux moved to direct the appropriate City officials to
provide a letter to Mr. Bill Weckman of 1922 Davis Court
outlining the specific repairs made to his sewer service line and
have the Building Inspector and City Engineer sign off on the
letter.
Roll Call: Ayes; Unanimous
Noes; None
Motion carried.
Lebens/Leroux offered Resolution No. 2748, A Resolution
Requiring Compliance by All New Building Proposals With Flood
w Plain Management Regulations as Required bytheNational Flood - -
Insurance Program, and moved its adoption. (Approved under
consent business. )
Lebens/Leroux moved to retain Rod Krass to conduct a review of
the Shakopee Zoning Ordinance - and point out potential problem --- -
areas in lightofthe Lutheran Church v. County of Los Angeles - -
supreme Court decision and also direct the Community Development
staff to work with Mr. Krass on identifying problem amendments to the Shakopee Zoning-Ordinance-so- as-to-limit the_.City' s liability---.
in this area. (Approved under consent business. )
Lebens/Leroux moved to authorize the Chief of Police to establish
and properly post a 15 minute parking zone on the west-side of -- -- -
Lewis Street extending 35 feet south of East First Avenue.
(Approved under consent business. )
Shakopee city council
PageEight
July 7, 1987
Leroux/Vierling moved to reconsider establishing a 15 minute
parking zone on the west side of Lewis Street. Motion carried
unanimously.
Discussion ensued on whether or not this would be inconsistent
with the proposed Downtown Redevelopment Project.
Vierling/Leroux moved to authorize the chief of Police to
establish and properly post a 15 minute parking zone on the west
side of Lewis Street extending 35 feet south of East First
Avenue. Motion carried unanimously.
Lebens/Leroux moved to appoint Tamara Vidmar to the position of
Receptionist/Typist at Step One of the 1987 pay plan ($12,351 per
year) effective July 13, 1987 with a six month service credit.
(Approved under consent business. )
Lebens/Leroux moved to approve the payment of $6,474.17 to S. M.
Hentges and Sons, Inc. ; P.O. Box 212, Shakopee, Minnesota 55379
for the 1985-2 Eaglewood Street Rehabilitation Project.
(Approved under consent business. )
vierling/Lebens moved to refer the purchase of a printer, paper
tray and two Mb upgrade from LOGIS for $2,453.85 and booster and
installation from Quannon Computer Products for $350.00 back to
the Equipment Committee. Motion carried unanimously.
Leroux/Vierling moved to approve change order No. 3 in the amount
of $6,508.27 to the 4th Avenue Reconstruction Project No. 1986-3;
and approve partial estimate voucher No. 7 in the amount of
$63,127.71 to S. M. Hentges and Sons, Inc.
Roll Call: Ayes; Cncl. Wampach, Vierling, Clay Leroux, Mayor
Reinke
Noes; Cncl. Lebens
Motion carried.
Leroux/Clay moved to authorize the proper City officials to file
an appeal to the State of Minnesota for an adjustment in the
1987/88 levy limit. Motion carried unanimously.
Vierling/Lebens moved to approve the bills in the amount of
$2,679,820.13.
Roll Call: Ayes; Unanimous
Noes; None
Motion carried.
Lebens/Leroux offered Resolution No. 2745,-A Resolution Amending
Resolution Number 2661 Adopting the 1987 Fee Schedule-, and moved
its adoption. (Approved under consent business. )
Shakopee City Council
Page Nine
July 7, 1987
Lebens/Leroux offered Resolution No. 2747, A Resolution Receiving
a Report and Calling a Hearing on Improvement to 13th Avenue from
County Road 16 to County Road 17, and moved its adoption. Motion
carried unanimously.
Leroux/Vierling offered Resolution No. 2751, A Resolution
Receiving a Report and Calling a Hearing on Improvement Extension
of VIP Sanitary Sewer from County Road 17 to County Road 79, and
moved its adoption. Motion carried unanimously.
Wampach/Vierling offered Resolution No. 2750, A Resolution
Accepting Work on the Second Avenue Parking Lot Landscaping
Project No. 1986-7.
Roll Call: Ayes; Cncl. Wampach, Vierling, Leroux, Clay, Mayor
Reinke
Noes; Cncl. Lebens
Motion carried.
Leroux/Lebens offered Resolution No. 2744, A Resolution of Layout
Approval for the Trunk Highway 101 Bypass from Proposed Trunk
Highway 41 to County State Aid Highway 15, and moved its
adoption. Motion carried unanimously.
Leroux/Vierling moved to adjourn to Tuesday, July 14, 1987, at
7:00 p.m. Motion carried unanimously. Meeting adjourned at
11:05 p.m.
Judith S. Cox
Recording Secretary
City Clerk
PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 14 , 1987
Mayor Reinke call the meeting to order at 7 :02 p.m. with Cncl .
Wampach, Vierling. Leroux, and Clay present. Cncl. Lebens was
absent. Also present were John K. Anderson, City Administrator;
Kenneth Ashfeld, City Engineer ; Douglas Wise , City Planner ;
Judith S . Cox , City Clerk ; and Julius A. Collar II , City
Attorney.
Cncl. Vierling gave a liaison report on an MWCC meeting she had
attended wherein the budget that had been prepared taking into
consideration the revised rate schedule was presented. It is
proposed that by 1990 or 1991 all the different regions will be
of the same value. She felt this was a pretty good program.
Mayor Reinke recognized anyone in the audience that wished to
speak on anything not on the agenda. There were no responses
from the audience. -
Leroux/Vierling moved to approve consent business.
Roll Call : Ayes: Cncl. Wampach. Vierling. Leroux, Clay, Mayor
Reinke Noes: None
Motion Carried
The City Administrator reviewed correspondence in the form of an
Action Alert that had been received from the League of Minnesota
Cities concerning proposed tax increases for cities under
consideration for FY 188 federal budget . The League is
requesting that Federal Representatives, Senators and House
Representatives, be contacted regarding those tax considerations
before the House and Senate that are designed to raise federal
revenues. Nine items are being considered that would directly
impact. cities: Mandatory Medicare coverage; gas, excise, and use
taxes on City (and State) vehicles; increasing individual AMT on
"Private activityn bonds; increasing corporate AMT; repealing the
exemption for G.O. bonds and municipal revenue bonds from the
individual AMT ; reducing state per capita volume limits ;
eliminating interest deductions on installment sales to cities ;
securities transfer excise tax; and increasing highway, airport,
superfund excise taxes.
There was discussion of the information, especially as related to
the proposals for mandatory Medicare coverage, fuel, bonds, and
increasing highway and airport taxes.
Wampach/Leroux moved that the City Administrator address all nine
of the areas, underscoring Medicare, fuel , bonds, and increased
highway and airport excise taxes. Motion carried unanimously.
Leroux/Vierling moved to accept the resignation of Todd Schwartz
from the Industrial Commercial Commission with regrets.
(Approved under consent business. )
City Council
July 14, 1987
Page -2-
Correspondence had been recieved from Mount Olive Evangelical
Luthern Church requesting exemption from the park dedication fee
which is part of the building permit charges. Judith Cox, City
Clerk, presented a brief history as to park dedication fees over
the years, along with exhibits containing excerpts from
Ordinances that pertained to park dedication. A public hearing
by the Planning Commission would be necessary before any changes
could be made in the ordinance for park dedication, if that were
the wish of the Council.
There was discussion held and questions raised pertaining to
definitions that could be applied for organizations or properties
that could be considered for exemption from park dedication fees
in the future.
Leroux/Vierling moved that staff be directed to allow for
issuance of building permit to Mount Olive Evangelical Church
without park dedication fees being paid pending resolution of
questions regarding park dedication fee. Motion carried
unanimously.
There were no public hearings at this time.
The Planning Commission is recommending approval of the Final
Plat for Heritage Place. The Final Plat was reviewed, noting one
issue of concern is the street connection between Heritage Drive
and Onyx Drive on Hauer's 4th Addition. There is a piece of land
not owned by the developer which will have to be acquired in
order to complete the street. The developer plans to develop the
eastern half of the plat first, putting the streets in with a
temporary cul-de-sac. Temporary drainage will be provided to
this area until the Upper Valley Drainage Way is completed to
this area.
Cncl. Leroux asked wheather consideration was given to changing
the street name on 12th Avenue. It was. generally agreed that the
name 12th Avenue would be confusing.
Leroux/Clay moved that a condition be added to the Planning
Commission's conditions concerning the Final Plat for Heritage
Place. This would be condition #12 and would be to change the
name of 12th Avenue to a signature name (Other than a numerical
name) . Motion carried unanimously.
Leroux/Vierling offered Resolution No. 2760, A Resolution
Approving the Final Plat of Heritage Place, as - amended this
evening (by Adding Condition #12) , and moved its adoption.
City Council
July 14 , 1987
Page -3-
Roll Call : Ayes: Cool. Wampach, Vierling, Leroux, Clay, Mayor
Reinke
Noes: None
Motion carried
The City Engineer noted a condition of the Plat approval states
that the developer must either acquire the land required for
completion of Oynx Drive and its intersection with Heritage
Drive, or petition the City to proceed with acquisition or
condemnation of this property prior to construction of the
street. The petition was delivered this date and has not as yet
been reviewed in entirety. The developer apparently has not been
successful in acquiring the property and had requested the City
to proceed in acquiring it. If Council acts upon Resolution No.
2758, that would give the direction for staff to proceed in
acquiring that property . Resolution No. 2757 accepts the
petition and orders the feasibility study. Resolution No. 2758
orders the plans and specifications. The Engineering Department
will not be able to accomplish the engineering work necessary for
this project and the groundwork has been set for the Civil
Engineering consultant to complete that work within the
predetermined time period to allow for the development phase of
this property through the Fall of this year.
Leroux/Clay offered Resolution No. 2757 , A Resolution Declaring
Adequacy of Petition and Ordering Preparation of Report for
Heritage Place Improvement Project, and moved its adoption.
Roll Call : Ayes: Cncl. Wampach, Vierling, Leroux, Clay, Mayor -
Reinke.
Noes : None
Motion Carried
Wampach/Vierling offered Resolution No. 2758 , A Resolution
Receiving a Report Ordering an Improvement and Preparation of
Plans and Specifications for Roadway, Watermain, Sanitary Sewer,
Storm Sewer Main for Heritage Place, Pr oject No. 1987-14 and
moved its adoption.
Roll. Call : Ayes: Cncl. Wampach, Vierling, Leroux, Clay, Mayor
Reinke.
Noes: None
Motion Carried
Vierling/Leroux moved to authorizethe appropriateCityOfficials
to execute an engineering agreement with Orr-Schelen-Mayerson for
the Heritage Place Improvement plans for a cost not to exceed
$20,000.00.
Roll Call : Ayes: Cncl. Wampach, Vierling.Leroux, Clay,-- Mayor
Reinke.
lay,-MayorReinke.
Noes: None
Motion Carried
City Council
July 14 , 1987
Page -4-
Leroux/Vierling moved to direct staff to have an appraisal
prepared for the property needed to complete Onyx Drive from its
present terminus to the West end of Heritage Drive extended.
Roll Call : Ayes: Cncl. Wampach. Vierling, Leroux, Clay, Mayor
Reinke.
Noes: None
Motion Carried
Vierling/Leroux offered Resolution No. 2759 , A Resolution to
Amend Resolution No. 2420 Approving the Final Plat of Eagle Creek
Junction 1st Addition, and moved its adoption. Motion carried
unanimously.
The City Administrator noted informational material on tax
increment funding for projectswasbeing presented to Council to
provide information from thefiscal advisor, Springsted, that
updates computer information previously used to estimate the
available tax increment funding for the three major projects
earmarked (downtown development, bridge and bypass and stormsewer
projects) . The purpose of this report was to allow Council to
see that the projects being planned are still possible. There
are some uncertainties being worked on regarding Scott County' s
handling of tax increment financing.
There was discussion. The City Administrator stated Scott County
will correct the implementing resolution for the race track
district by taking fiscal disparities from the City as a whole
rather than the district as was the original intent, but was not
picked up on correctly by the County. Mayor Reinke asked whether
there was any special action that could be taken to take those
fiscal disparities from the district. The City Administrator
explained two things that could be considered, one would require
legislative action and the other a joint agreement with the
County.
Leroux/Clay moved to receive and file the report regarding tax
increment funding. Motion carried unanimously.
The City Engineer reviewed the Downtown Streetscape Project,
noting there were five bids and all were very close. The low bid
was Hardrives, Inc. , for an amount of $2 , 186 ,457 .65. Items
included in the bid were storm sewer, sanitary sewer, water
system improvements, street rehabilitation, streetscape elements
and street lighting. Under construction costs, the following was
read to the audience:
City Council
July 14 , 1987
Page -5-
Feasibility Prebid Actual
Schedule Estimate Estimate Bid
Street Rehab $985 ,100 $879 ,800 $836 ,064 .75
Street Scape $404,100 $436 ,269 $395,376.00
Street Lighting $349 ,000 $621 ,952• $380,086 .90
*Prior to alternate selection; bid included bases
(It was noted the large difference in the feasibility estimate
and prebid estimate figure for street lighting resulted in the
inclusion of the bases in the base bid; the feasibility did not
include that portion) .
The bid amount for the storm sewer is $314 ,477 .50. The bid
amount for the sanitary sewer is $198,699.50. The bid amount for
the water system is $61 ,793 .00.
Mayor Reinke noted when discussing fire flows in the downtown
area, a building owner had noted he was unable to get adequate
water service to provide sprinkler service in his building
because the watermain in that area is on 1st Avenue. The City
Engineer noted this would not be taken care of at this time. He
had met with the owner and discussed this at some length. The
discussion was that at the time the bypass is to be put on 1st
Avenue completely revamped, he would then make a decision as to
what to do. The building owner indicated it would be acceptable
for that length of time.
There was discussion of doing this project and assessments in the
stages and whether the public hearings and assessments could be
done in stages. The City Administrator noted they would have to
consult legal counsel on that matter. Mayor Reinke asked that
the Finance Dept . prepare figures showing comparisons on
financing of this project over a two-year period and Council can
then analyze the alternatives. Various alternatives means of
financing and assessments will be made available to Council.
Cncl. Leroux referred to a portion of the City Engineer' s memo of
March 5 regarding the sanitary sewer, wherein it was recommended
to replace the 1910 clay pipe.. He asked if Council has taken
- - formal action on that recommendation. The City Engineer noted
the project costs do include new sewer mains and sewer services,
so by approval .and awardal of .the bid, Council will have taken
action on that recommendation.
Leroux/Clay offered Resolution No, 2756 , A Resolution Accepting
Bid on Downtown Streetscape Improvement Project No. 1987-2, and
moved its adoption.
City Council
July 14 , 1987
Page -6-
Cncl. Vierling asked that when staff meets with various business
owners downtown, that it be suggested that they may wish to meet
privately and arrive at some consensus for improving the
buildings, and also make them aware of the options available for
funding. She wished to apologize to those business people that
have improved their property whom she overlooked at the last
meeting when she commented on the need to rehabilitate downtown
buildings.
Mr. - Mortenson questioned whether Council was going to decide to
use embedded poles. The City Engineer noted that was the action
being requested of Council ; to award the bid using the embedded
poles. Mr. Mortenson wished to make Council aware of the weight
involved with the concrete poles and he explained weight
differences. Discussion was held on the maintenance, cost and
safety factors for the different types of poles.
After discussion concerning the poles, the City Engineer will
research the contract document requirements and perhaps include
ordering the poles for the 1987 construction season only and hold
off on those for Phase II.
Roll Call on Resolution No. 2756 :
Ayes: Cool. Vierling, Leroux, Clay, Mayor Reinke
Noes: Cncl. Wampach
Motion Carried
Leroux/Vierling moved for a recess at 9 :20 p.m. Motion carried
unanimously.
Leroux/Vierling moved to reconvene at 9 :30 p.m. Motion carried
unanimously. (Cncl. Clay was not present) .
Leroux/Vierling moved to authorize the appropriate City Officials
to enter into an agreement with the Chicago and Northwestern
Transportation Company for the relocation of signals at Lewis
Street, relocation of other miscellaneous structures and the
installation conduit and conductor between Lewis and Sommerville
at an estimated cost of $13 ,138.00.
Roll Call: Ayes: Cncl. Wampach, Vierling, Leroux, Mayor
Reinke
Noes: None
Motion Carried
Wampach/Vierling moved to authorize the appropriate City
Officials to enter into an agreement with the Chicago. and
Northwestern Transportation Company for the installation of
rubberized crossings at Lewis Street and Sommerville Street.
(Cncl. Clay had returned to the meeting) .
g
City Council
July 14, 1987
Page -7-
Roll Call : Ayes: Cncl , Wampach, Vierling, Leroux, Clay,
Mayor Reinke
Noes: None
Motion Carried
Leroux/Clay offered Resolution No. 2755 , A Resolution Accepting
Bid on the Railroad Crossing Improvements, Project No. 1987-9 ,
and move its adoption.
Roll Call: Ayes: Cncl. Wampach, Vierling, Leroux, Clay,
Mayor Reinke
Noes: None
Motion Carried
Discussion ensued regarding the possibility of purchasing an
umbrella liability insurance policy for the City. Cncl. Vierling
suggested that an opinion be obtained from the insurance
consultant used previously before Council makes a decision on
this matter.
Staff was directed to obtain an opinion on this from the
insurance consultant to be brought back for discussion when full
Council is present.
Leroux/Clay moved to table this item for further discussion.
Motion carried unanimously.
A memo from the Finance Director was recieved in response to a
request by Council in its interest in investigating the
possibility of finding additional bond funds that may be closing
out with some cash that could be applied toward the City Hall
project. The options were reviewed. Mayor Reinke noted another
option and asked that the call dates and interest rates on the
six projects listed be obtained . Cncl . Leroux requested
additional information and clarification on some projects that
were front-ended with TIF money.
Leroux/Vierling moved that this item be refferred back to staff
for further clarification of those items discussed at this
meeting. Motion carried unanimously.
Leroux/Vierling moved to authorize the proper City Officials to
execute the Lease Amendement dated July 21 , 1987 between the
Scott-Carver-Dakota Community Action Agency, Inc. , and the City
of Shakopee ; which amends a five year written lease dated October
4 , 1983 . (Approved under consent business) .
Leroux/Vierling offered Resolution No. 2733 , A Resolution
Vacating Austin Street South of Davis Court, According to the
Plat of JEJ 2nd Addition to the City of Shakopee, Scott County,
Minnesota and move its adoption . (Approved under consent
business) .
City Council
July 14 , 1987
Page -8-
Leroux/Vierling moved to authorize and direct the appropriate
City Officials to execute an agreement with Mr. James Hauer dated
July 14, 1987 for the restoration work within the vacated Austin
Street. (Approved under consent business) .
The City Engineer stated there are quite a few dollars
( approximately 837 , 000 ) remaining in the 1987 Pavement
Preservation Program budget. At this point a contract has not
been issued and hence no change order as yet. If Council wishes,
it is anticipated to expand the project to fully utilize the
amount bugeted. Consensus was that the payment could be expanded
with a standard change order.
Mayor Reinke was asked about work being done on Jackson Street.
The plan is that if there is a normal winter this year, a public
hearing would possibly be held next March and this would then be
done next year. Mayor Reinke then requested that the street
crews be sent to that area to remove some rather bad humps around
11th and 12th.
Vierling/Leroux offered Resolution No. 2753 , A Resolution
Accepting Bid on 1987 Pavement Preservation Program - Overlay,
Project No. 1987-11 and moved its adoption.
Roll Call : Ayes: Cncl . Wampach. Vierling, Leroux, Clay Mayor
Reinke
Noes: None
Motion carried unanimously
Wampach/Clay offered Resolution No. 2754 , A Resolution Accepting
Bid on the 1987 Pavement Preservation Program - Sealcoat, Project
No. 1987-10 and moved its adoption.
Roll Call: Ayes: Cncl. Wampach, Vierling, Leroux, Clay,
Mayor Reinke
Noes: None
Motion carried unanimously
Leroux/Vierling offered Resolution No, 2752 , A Resolution
Apportioning Assessment Among New Parcels Created as a result of
the Subdivision of Eagle Creek Junction 1st Addition, and moved
its adoption.
Roll Call : Ayes: Cncl. Wampach, Vierling, Leroux, Clay,
Mayor Reinke
Noes: None
Motion Carried unanimously
Leroux/Vierling .offered Ordinance 8220, An Ordinance of the City
of Shakopee, Minnesota, Amending the Shakopee City Code Chapter 2
entitled "Administration and General Government" by Striking the
Title Sec 2.51 and Replacing with a new Sec. 2 .51 "Community
Recreation Board" ; and by Repealing Subd 1 A and Adopting a New
- -- - Subd 1 A and by adding an Additional Provision to Subd 1 B; by
striking the words "Community Service" from Sec 2.51 subd 2; by
Adopting by Reference Shakopee City Code Chapter 1 and Adopting
by Reference Sec 2.99 which among other things contains penalty
provisions, and moved its adoption. Motion carried unanimously.
City Council
July 14 , 1987
Page -9-
Administrative Policy #115 regarding sending flowers or cards
when there is an illness or death in the family of an employee or
past employee of the City was discussed insofar as what the
practice should be for employees of Community Services or the
Utilities.
Leroux/Vierling moved to direct this item back to Staff for
scenarios and recommendations. Motion carried unanimously.
Cncl . Wampach stated he had received a call about the
intersection of 4th Avenue and Fuller Street becoming
increasingly hazardous. The City Engineer noted it is County
road through that intersection and he had discussed the matter
with the County Engineering Dept. The County is in the process
of replacing all yield signs with stop signs. Cncl . Leroux
indicated that there is a potential for Fuller to become a
collector street because of the mini bypass and suggested that
stop signs placed on 4th Street. The City Engineer is to come
back with a recommendationonthis.
Cncl . Wampach asked whether people in town that have another
service for garbage collection are allowed to keep that service
or if they have to go to the City policy on collection. When the
recent ordinance was passed it was with the thought of new
subdivisions more in mind and the purpose was to have one truck
per week driving on each street.
Staff will prepare a memo addressing this issue for discussion at
a future meeting.
Clay/Vierling moved to adjourn to Tuesday, July 21 , 1987, at 7:00
p.m. Motion carried unanimously. Meeting adjourned at 10 :35
p.m.
Judith S. Cox
City Clerk
Betty Brumm
Recording Secretary
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer
SUBJECT: Vierling Drive ; C. R. 16 to C.R. 17
DATE: July 30, 1987
INTRODUCTION & BACKGROUND:
A public hearing is scheduled for August 4 , 1987 for the purpose
of considering a public improvement consisting of building
Vierling Drive from C.R. 16 to C.R. 17 • Council has previously
been given a copy of the feasibility report.
The feasibility report addressed three alternatives for project
phasing of that portion of the project through Scottland
properties, summarized as follows:.
Alt. 1 Postpone all improvements.
Alt. 2 Postpone utilities, construct street.
Alt. 3 Construct utilities & street.
The plans and specifications for that portion of Vierling Drive
through Hauer ' s Fourth Addition are now complete and sent to
Mn/DOT State Aid for review. Hopefully , we will have the
approved plans back for Council review and approval in a couple
of months. -
RECOMMENDATION: - -- -
If Council selects project phasing Alt. 1 , one of the following
actions shouldbe- taken: ------
• Move to direct staff to discontinue consideration of
improvements to Vierling Drive from C.R. 17 to the east -
approximately 3200 feet.
-0 Mve to Vidirect staff t
Vierling Drive from C.R. 17 to the include improvements
eastapproximately
- - 3200 feet in the19_ Capital Improvement Program. -
_ - - If Council selects projectphasing Alt, _ 2_or_3., thefollowing
action should be taken: - -- -
Move to staff to draft a
ct
- - improvements resolution
of-'Vierling Drivefrom C R 17 to ordering
Beast
-- . approximately 3200- feet -- (Note: _the language of the
.-
resolution depends on project- phasing alternative
selected) .
REQUESTED ACTION: _
Direction to staff is requested. : _ _ - - . --- - - -
KA/pmp
RESOLUTION NO. 2770
A Resolution Ordering An Improvement And
The Preparation of Plans And Specifications For
VIP Sanitary Sewer Extension
Project No. 1987-13
WHEREAS, Resolution No. 2751, adopted on July 7, 1987,—fixed
a date for Council hearing on the proposed improvement of the VIP
Sanitary Sewer Extension; and
WHEREAS, ten days published notice of the hearing through
two weekly publications of the required notice was given and the
hearing was held on the 4th day of August 1987, at which all
persons desiring to be heard were given an opportunity to be
heard thereon.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1. That the improvement is ordered as hereinafter
described:
VIP Sanitary Sewer Extension
2. Ken Ashfeld, City Engineer, is hereby designated as the
engineer for this improvement. He shall prepare plans and
specifications for the making of such improvement.
Adopted in session of the City Council of
the City of Shakopee, Minnesota, held this day of
19.
or of the City of Shakopee
ATTEST:
ty Clerk
Approved as to form this day of
19_.
ty Attorney
lDC�
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Appeal of BAA Action Denying Variance
to Gerald Schesso For An Accessory Building
DATE: July 31, 1987
INTRODUCTION:
At their meeting on July 9, 1987 the Board of Adjustment & Appeals passed a
Resolution denying the following variances to Gerald Schesso:
1. A variance to allow an accessory building to exceed the height
of the principle dwelling by 10 feet.
2. A variance to allow an accessory building to exceed 10% of the
lot area by 720 square feet.
3. A variance allowing an accessory building to be located nearer
the street than the principle dwelling by 10 feet.
BACKGROUND:
The attached information provides the background for the appeal, included
are: (1) Staff report to the Board of Adjustment & Appeals, (2) Site plan
for the accessory building, (3) Minutes of the July 9th, 1987 meeting, &
(4) Letter of Appeal from Gerald Schesso.
ACTION REQUESTED:
Offer Variance Resolution of the City Council CC -496 and move for Approval
or Denial.
�oC�
MEMO TO: Shakopee Board of Adjustment and Appeals
FROM: Douglas K. Wise, City Planner
RE: Gerald Schesso Variance Request
DATE: July 1, 1987
Introduction•
Mr. Schesso has requested a variance to allow him to
construct a large accessory structure in his rear yard at 1199
Quincy Street. Mr. Schesso's variance request would entail the
following variances from City Code Section 11.03, Subd. 6:
A variance to allow an accessory building to exceed the
height of the principle dwelling by 10 feet.
A variance to allow an accessory building to exceed 10% of
the lot area by 720 square feet.
A variance allowing an accessory building to be located -
nearer the street than the principle dwelling by 10 feet.
iiFS�R7T�S7CJ1
This spring Mr. Schesso began constructing the accessory
structure in his rear yard. The accessory structure measures 29'
x 60' and approximately 23' in height. On May 4, 1987 Mr.
Schesso was issued astop work order on the structure because he
had not received a building permit from the City. On May 4, 1987
Mr. Schesso completed an application for a building permit to
construct the building. On May 12, 1987 Mr. Schesso was sent a
letter informing him that the building permit had not been
approved because it did not comply with the City requirements for
an accessory building. Mr. Schesso then appealed the decision of
the City staff to the Board of Adjustment and Appeals.
At their meeting on June 4, 1987 the Shakopee Board of
Adjustment and Appeals affirmed the decision of City staff that
the structure in Mr. Schesso's rear yard is an accessory building
and that the construction of the structure does require a
building permit and must comply with all City Code requirements
applied to accessory buildings.
On June 23, 1987 Mr. Schesso submitted an application for a
variance to allow the construction of the accessory building.
Mr. Schesso's application indicates that the construction of the
building is necessary to protect the boat which he is
constructing in his rear yard. .Construction of the boat has been
ruled legal by the City Board of Adjustment and Appeals at their
meeting on June 4, 1987.
3 /�s C—
The City Code states the following criteria for granting
variances:
1. Exceptional or extraordinary circumstances apply to the
property which do not apply generally to other properties in
the same zone or vicinity and result from lot size or shape,
topography, or other circumstances over which the owners of
the property since enactment of this ordinance have no
control.
2. That special conditions or circumstances do not result from
the actions of the applicant.
The staff recommends denial of Variance Resolution 9496.
The lot on which Mr. Schesso's home and the accessory
building in question exists is .not any different than the: other
lots located in the same vicinity. The design, size and location
of the accessory structure is within the control of the
applicant. Although the applicant has received permission to
construct the boat in his rear yard, the City staff does not feel
that this enables the applicant to any special privileges in
regards to construction of structures which may house this
particular project. It is still within the applicants control to
construct the boat elsewhere if he -so chooses or if it is
necessary in order to provide proper protection for the
construction project.
/6 `_
•
•
_ � (pcV 1
I
r
c
��
\ .. . ,
. t i \- . ,
_ I
' •'__ '• _ '.
...` .,...jr%,, .ei-.i�.-a _•.. ..•••[.. ...-._-� ..
` 0 i-tai.=.+:tiw:~i+.`��I.--.7.7;,41. .l":t ..r e-
•
•
ii
(2, ....b. ...ti ..
11 t,L, ...... .-
..
. . ...:. .. ._ ._ . \____:... ... ..... . . ..._ .
, -
. lly
. . _._______. .._
I • _.... — •s,'Zn.1,-,_.••••••-•-, .K��r �.r-
• .- • _ • -s-�' - 4-mL,">.--i a _o_.r-.. _ ...:...- -;4.-•••• ::`-r te 2. -
..Z.; DRAW SKETCHMERE WHEN REQUIRtur—e-- ,.....,.....,.r
-�:
S 10 C�
PROCF-DINGS OF THE
BOARD OF ADJUS=_7S AND APPEALS
REGULAR SESSION SHAKOPEE-, MKIESOTA JL:y 9, 1987
Chairwoman VanMaldeghem called the meeting to order at 7:30 p.m. with
Comm. Czaia, Foudray and Pomerenke present. Comm. Scnmitt and Rockne
arrived latex, and Comm. Schwartz was absent. Also present were City
Planner Douglas K. Wise; Cnd. Steve Clay and City Admz. John K. Anderson.
Czaja/Pomerenke moved to approve the posted agenda. Motion carried
unanimously. '-
Czaia/Foudray moved to approve the minutes of the May 7, 1987 meeting
as printed. Motion carried with Chairwoman Vacyaldeghem abstaining
because of her absence at that meeting.
Czaia/Pomerenke moved to approve the Hautes of the June 4, 1987 meeting
as printed. Morion carried unanimously.
PUBLIC HEARING - VARIANCE RESOLUTION NO. 496: CERALD SCEESSO
--roudray/Pomerenke moved to open the public hearing to consider an appli-
cation for variances from City Code Section 1-2.03, Subd. 6, regulating the
construction of accessory buildings upon tnepropat located at 2-199 Quincy
Street. Motion carried unanimously.
The City Planner went over the background and considerations of the request.
Crairwoman VarMaideghem asked for coaents from the audience.
M'iike StnbEn, 1199 Q=ncy Street, stated this is dafdnitely a temporary
structure, and will be removed as soon aspossible; it is basically a teat.
He added that St. Y.ark's church has an arcual summerrime even: for wtich
they nut up a big tent sad are not repaired to have a pe=...it or va.�ance.
He rinks this is about the same-G°erence.
i.ore- Wolfe, 1611 E. Shakopee Avenue, stated he is a friend of the boat
builders. Be has had the oppo-tuaity to work nth many fry officials In
other cities and has never seen before a more glaring example of an ounce of
Prevention being worth a Pound of care. It is :is sugeesrion that this
board allow this structure tempora _ly for b—___ g the boat. Be thinks
there is no way this could be defined as an accesson- structure, as it does
not serve the residence.- If stens had ''Dean waken -at the onset this could- ----
___. -. - have been prevented. The petition was passed after -the -structure was put
up and the people who are most concerned have spoken. Therefore, it serves
no good goal to prevent the construction of this boat.
July 9, 1987
Page 2
�d
Comm. Schmitt arrived and took his seat at 7:38 p.m.
Cncl. Clay asked if a variance for a limited time could be granted. Chair
Vanraldeghem replied there is no legal way to do that.
Chair VanYaldeghem asked if there were any further comments from the audi-
ence, and there were none.
Foudray/Czaja moved to close the public hearing. notion carried
unanimously.
Comm. Czaja asked if the application for a building permit constituted an
admission that this structure is a building. The City Planner related the
events leading up to this application. He said the building was started
without a permit and the City issued a Stop Work Order, advising the owners
to apply for a building permit; which they did. The building permit was '
denied by staff on the basis that it didn't meet the code because of size,
height, square footage and sei'naces. .Applicants appealed the staff deci-
sinn to this board -on June 4. At that meeting it was decided it is an
accessory building and needs a building permit.- The code doesn't differ-
entiate
ifferentiate between permanent and temporary structures. The variance can. be
only granted for certain specific circumstanctis.
Comm. .Scut asked why this couldn't be dealt with as a conditional use
permit to allow the construction o'_ a temporary accessory building for a
certain nu=nose. He also .thought there are orber items to be dealt with,
a=n as storage of certain sarerials, length of time and partying, ezc.
The City Planner advised chit a variance request should be the minimum
that would el,eviate the hardship, and he wasn't sure if time could be
considered a facrar in nini=icing a hardship.
Chair i'sr*feideghem recalled a legal opinion stating that conditions could
not be put on a variance.
The applicant indicated they none to `i�sh the boa: as soon as possible,
hopefully fl of 1988, but there are so many variables, mostly the weather.
They can only work on the boat on cloudy, city days, and without the cover,
o vasrs could be added onto it.
Chair Tini!aidegher asked why a Dole ba=h or other large structure wasn't
ranted. Tim ramming, 154 Judith Drive, Chas's,, replied t..at thev are on
a 1.. LL.ted budget. Chair Fahyldeghem responded that a variance mat be '
given for finanzi11 reasons. 1L. reaming related that he came into City
71,11 with the plans and was told he could build a boat in his backverd as
long as it wasn't an ocean '_iner. He told them it wasn't an ocean liner,
out it was going to be big. He thinks the mrobim is ibis situation doesn't
fit into -ry of the rules and codes. Co=.. Schmirt said the structure does
have 4 corner posts, seri walls and sometimes a roof, so it is b,sically
a bni.lding. -
Chair VanYaldeghm said she just doesn't see a hardship as there is no
unique topography or ecrraordinary circwstances.
Page 3
Fete 'Way, 16536 F-ancise Avenue, Rosemount, said he is one of the .boat
people, and the property is unique in that it is bounded on three sides
by streets and no one is offended by the structure.
The City Planner clarified there were no complaints voiced at the public
hearing, but the Ciry has received complaints about it. The applicants
maintain that anomMbus complaints are not valid complaints.
Pomerenke/Czaja moved to deny Variance Resolution No. 496 based on the
lack of spatial circumstances of the property. Motion carried with Comm.
Schmitt abstaining because he came in late to the discussion.
Chair Vam-aldeghem advised the applicants of the 7 day appeal process,
which should be written and submitted to the City Planner. She further
explained that if this decision is not appealed in 7 daystheCity has the
right to take them to Court to have the structure removed. The City Admz.
advised the applicants to exhaust the local appeal process first if they
ihtend to take the decision to Court.
There was some further general discussion about reviewing the code, and
the City Admr. stated the City's readiness to listen to other and further
suggestions and new ideas.
F13LIC E ARINU - VARIANCE R SOL=ON NO. 497: STT PLONS&I
Czaja/Pomerenke moved to open the public hearing regarding the application
for a variance of 18 feet f"rpm the front yard setback requirements to
build an attached garage at 1015 .Shakopee Avenue East. Motion carried
unacimously.
Tne City. Planner vent over -:the background of the request, and stated the
house was built 6 years ago.
Steve Plonski stated their hardship factor was that the, have bad several
tangs stolen, such as a lawnmower, and bike. They don't want a detached
garage because it c11 take away from -their view out the kit=hen window.
Mrs. Plous'ii said she doesn't 'snow where a garage can be atzached to the
rear because cf the h411 and erosion. That would also take away the area
where their children play. She added the area in question has been used for
patzing for 6 veers, so Debbie have gotten used to looking around it.
Chair VP-Maldeghem opened the hearing to audience to==Iezrs. - -
Al Olson, 870 Prairie, said he lives right across from where the garage will
go, and he asked for a definition of the right of way location. The City
Planner replied it is 13 feet from street curb line to lot line. The
applicants are asking for an 18 foot variance from the 30' required setback.
-. Olson said the street is Crider than usual, and going back 30 feet is pretty
close to the house.
Mr. Plonski said there is plenty of vision, and none of the houses are lined
up as you look down the street, because it curves. He added the drawing
submitted was incorrect, as they want to set the garage back a couple of
feet from the house, not flush with it. Mrs. Plonski said they would accept
a smaller garage if it could be in this location they want.
Comm.. Rockne arrived and took his seat at 8:14.
g 1° C --
c)
o i tie C,TY of AAsha .e
OV� D� lK6,USTvHeAAt pp Ls/
J
y ya_D
MEMO TO: Shakopee Board of Adjustment and Appeals
FROM: Douglas K. wise, City Planner
RE: Steve Plonski VarianceRequest
DATE: July 1, 1987
Introduction:
Mr. Plonski has applied for a variance allowing him to
construct a 24' x 24' attached garage 12' from the property line
abutting Prairie Street. Plonski's property is on the corner of
Shakopee Avenue and Prairie Street and therefore the front yard
setback applies to the location of the building from both
streets.
Background,
The City Code states the following criteria for granting
variances: -
1. Exceptional or extraordinary circumstances applied to the
property which do not apply'generally to other properties in
the same zone or vicinity and result from lot size or shape,
topography or other circumstances over which the owners of a
property since enactment of this chapter have had no
control.
2. That the special circumstances, conditions or circumstances
do not resultfromthe actions of the applicant.
The design, size and location of the garage within the site
is within the control of the applicant.
Staff Recommendation,
The staff recommends denial of Variance Resolution 8497•
Mr. Plonski has the ability to construct either an attached
or detached garage to the rear of the house which would comply
with the reouirements of the City.Code;
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Appeal of BAA Action Denying Variance To
Steve Plonski For Front Yard Setback
DATE: July 30, 1987
INTRODUCTION
At their meeting on July 9, 1987 the Board of Adjustment & Appeals passed a
Resolution denying a variance of 18' from the required 30' front yard setback
to Steve Plonski for construction of an attached garage. Mr. Plonski has
appealed the decision of the Board of Adjustment & Appeals to the City Council.
BACKGROUND•
The attached information provides the background for the appeal. Included are:
(1) Staff report to the Board of Adjustment & Appeals. (2) Site plan for pro-
posed garage, (3) Minutes of the July 9, 1987 meeting, & (4) Letter of appeal
from Dawn & Stephen Plonski
ACTION REQUESTED:
Offer Variance Resolution of the City Council CC -497 and move for approval or
denial.
TOP IRON
.-T EL�T310 UTILITY a DRAINAGE ESM'T o FL.-VS 111 —
m
N
30
10 : I 10
¢ 1
:�
Q
rn
O
� m SERVICE - 2 '
J I `
W
M, - TOP IRON W
EL.
�•�- I a
I
jU Dl
2 �m
n -
c I I
Lto, l
rt— 1
96.
42
Iw v 1
PKO�py CeJ _
Q Y
0. I m �.1 ^�--� H HOUSE I
10
J 15 O 0
a b e a GR.EL TP Hue
E- 96.61 /'r` 57.6 E. 9766 I
'I
a r f TOP IRON p TOP IRON I
N0C�- E1.47.55 - EL.38.70
TOP CURB - SZ.EB�''
TOP CURB Q
2z+fi B LI D:r � � EL. IIC_51.�8',.I
4 L
/ Pc , MINN. m
SHAKOPEE AVENUE '
r. -. E EL.
Biluminous Surface ) 99.61
dcltl Y, -YO/
Page 3/ O
Pete Gay, 16536 Franci.se -Avenue, Rosemossnt, said. he is one of the boat O•
people, and the property is unique in that it is bounded on three sides- - --
by streets and no one is offended by the structure.
The City Planner clarified there were no complaints voiced at the public
hearing, but the City has received complaints about it. The applicants
maintain that anonymous to-plaints are not valid complaints.
Pomerenke/Czaja moved to deny Variance Resolution No. 496 based on the
lack of special circumstances of rhe property. Motion carried with COM.
Schmitt abstaining because he came in late to the discussion.
Chair V—Maldeghem advised the applicants of the 7 day appeal process,
which should be written and submitted to the City Planner. She further
explained that if enis decision is not appealed in 7 days the City has the
right to take them to Court to have the structure removed. The City Adan.
advised the applicants to exhaust the local appeal process first if they
intend to take the decision to Court.
There was some fv--ther general discussion about reviewing the code, .and
the City Aarr. stated the City'sreadiness to listen to other and further•. .
suggestions and new ideas.
=--IC 3EARIN- - VARIAN=- R=SOL=0N N0. 497: STT PLONSM
Czaja/Pomerenke moved to open the public hearing regarding the application
fc a variance of 18 feet from the front yard setback reeuiremenm to
b•_ld an attached garage at 1015 .Shakopee Avenue East. Motion cat-ied
=17.
The
The City Planner went Over .the background of the request, and stated the
house was b,-41t 6 years ago.
Steve Plonski stated their hardship factor was that they have had several
things stolen, such as a and `pike. They don't want a detached
garage betause it v471 take away -rpm their view out the kitchen window.
?;s. Plouski said she doesn't know where a garage _-, be atrached to The
rear because of the ^H'u and erosion. That would also take away the area
where their children play. She added the area in question has been used for
pa-_king for 6 vears, so people have gotten used to iooipg around it.
..bit 'van..27.deghe;n opened the hazing to audience co-meats.
Al Dlson, 870 Prairie, said he lives right across from where the garage will
go, and he asked for a definition of the right of way location. The City
Planner replied it is 13 feet from street curb line to .lot line. The
applicants are asking for an 18 foot variance from the 30' required setback.
Nr. Olson said the street is wider than usual, and going back 30 feet is pretty
close to the house.
Mr. Plonski said there is plenty of vision, and none of the houses are lined
up as you look down the street, because it curves. He added the drawing
submitted was incorrect, as they want to set the garage back a couple of
feet from the house, not flush with it. Mrs. Plonski said they would accept
a smaller garage if it could be in this location they want.
CDMm. Rockne arrived and took his seat at 8:14
Shakopee BCV+
July 6,.'987 l�
Page -4
Cnaja/Srhmitt moved toclosethe public hearing. Motion carried unani—
mously.
Scr-..itt/Czaja moved to deny Variance Resolution No. 497 based on the
following:
1. The residence was constructed two years after the present ordinance
was approved setting forth standards of 30 foot setback; and
2. A variance would give the applicant use of the property not given to
other adjoining property owners on the corner immediately to the
north, who constructed their buildings in accordance with the ordinance;
because this is not a unique parcel. _
Motion carried with CD=. Rockne abstaining because of his late arrival.
Chair VanMaldegham advised the .applicants of the 7 day appeal process.
DT ER BDS1T"SS
Tine City Planner informed the Board of City Council action..on the appeals
of Goodyear and Aamco Transmission.
Schmitt/Pomerenke
moved to adjourn.
Motion
ca-aied unanimously.
Meeting
adjourned at E:2E
p.m.
Douglas R. Wise
City Planer
Diane S. Bench
Recording Secretar
�° Ct�14Yli �aPd , uav�?s
Ye) Q �/aiuzrn 4
.�eo �d.�-J �..� /�-j� � y�-r- •v�-fwd"
RECEIVED
JUL 1 51*7
CITY OF SHAKOPEE S�,--? /
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Enginee r?/f—
SUBJECT: Vierling Drive; C.R. 16 to C.R. 17
DATE: July 30, 1987
INTRODUCTION & BACKGROUND:
A public hearing is scheduled for August 4, 1987 for the purpose
of considering a public improvement consisting of building
Vierling Drive from C.R. 16 to C.R. 17. Council has previously
been given a copy of the feasibility report.
The feasibility report addressed three alternatives for project
phasing of that portion of the project through Scottland
properties, summarized as follows:
Alt.
1
Postpone
all improvements.
Alt.
2
Postpone
utilities, construct street.
Alt.
3
Construct
utilities & street.
The plans and specifications for that portion of Vierling Drive
through Hauer's Fourth Addition are now complete and sent to
Mn/DOT State Aid for review. Hopefully, we will have the
approved plans back for Council review and approval in a couple
of months.
RECOMMENDATION:
If Council selects project phasing Alt. 1, one of the following
actions should be taken:
• Move to direct staff to discontinue consideration of
improvements to Vierling Drive from C.R. 17 to the east
approximately 3200 feet.
• Move to direct staff to include improvements to
Vierling Drive from C.R. 17 to the east approximately
3200 feet in the 19_ Capital Improvement Program.
If Council selects project phasing Alt. 2 or 3, the following
action should be taken:
• Move to direct staff to draft a resolution ordering the
improvement of Vierling Drive from C.R. 17 to the east
approximately 3200 feet. (Note: the language of the
resolution depends on project phasing alternative
selected).
REQUESTED ACTION:
Direction to staff is requested.
KA/pmp
/:�w
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer
SUBJECT: Railroad Corridor Improvement
DATE: July 29, 1987
INTRODUCTION:
A railroad corridor improvement project has been pursued for the
downtown area to modernize the existing system by replacing or
installing modern crossing protection. This would result in the
removal of the existing communication lines.
BACKGROUND:
After providing all the pertinent data .to-Mn/DOT, it appeared
that the proposed projectwasfavorably accepted. Mn/DOT
reviewed the data and visited the proposed project site.
Attached is a July 22, 1987 letter indicating their findings.
Their requirement of closing four crossings is a safety
improvement issue and is seen as a method of justifying the cost
of the improvement.. The four crossings listed are Sommerville,
Fuller, Atwood, and Apgar. These are recommendations and other
crossings can be substituted for those listed.
Council considered closing the Apgar crossing last fall and
rejected the proposal. Fuller cannot be closed due to its future
status when the mini -bypass is completed. In general, I am not
in favor of closing any crossings in the downtown due to the
following reasons:
Closure of crossings would increase parallel traffic
along Second Avenue resulting in increased turning
movements across the tracks. I believe it is an unsafe
sight condition for a vehicle operator to look over
their shoulder to see down the tracks. Mn/DOT feels
this problem can be eliminated by the additional
placement of lights on the signals.
Mn/DOT indicated that some action should be taken to
prevent pedestrians crossing the tracks at any place
except open street crossings. With the number of
crossings proposed to be closed, pedestrian track
crossings cannot be controlled.
I spoke with Mn/DOT about the unreasonableness of their.
requirement. They indicated that we should submit a counter
proposal. -
Railroad Corridor Improvements Q
July 29, 1987
Page 2
Council may recall that the proposal of closing Apgar Street was
the result of a traffic study of the City's street system. If
Council would reconsider this proposal and find that closure
acceptable, that would provide one closure. Although not in the
immediate area, Naumkeag Street could be closed if thiswould
suffice as a negotiation tool.
If Council wishes to pursue this project with a counter proposal,
there are certain alternative combination of closures if closures
in the downtown is to be considered. In my opinion, the only
possible closures in the downtown district is Sommerville and
Lewis.
Alternatives:
1. Submit a counter proposal to Mn/DOT.
2. Discontinue consideration of the corridor project.
RECOMMENDATION:
As an initial counter proposal, I recommend that we allow Apgar
and Naumkeag to be closed. Again, I am not in favor of any
closures in the downtown. Realizing that the railroad wishes for
all crossings to be signalized with a corridor project, the
counter proposal could be for a scaled back project such that all
crossings are not signalized.
REQUESTED ACTION:
Move to direct staff to submit acounter proposal to Mn/DOT's
July 22, 1987 letter in accordance with the City Engineer's July
29, 1987 memo and recommendation.
EA/pmp
�,tNwESOTS /
s a -Minnesota Department of hansportatiam
SF Qom Transportation Building, St. Paul, MN 55155
1T or TvtF
July 22, 1987 612-296-0359
Ken Ashfeld
City Engineer
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379-1376
Re: Railroad Grade Crossings
in the City of Shakopee
Dear Mr. Ashfeld:
Thank you for your recent correspondence to Bob Swanson
concerning the city's proposal for a corridor improvement
project in Shakopee for the seven grade crossings between
Spencer .and Scott.
In your letter you requested federal funding for signals at
seven crossings in downtown Shakopee, installation of a rubber
surface at Holmes, and "other necessary improvements".
The funding we have available is from Section 130 of Title 23,
United States Code as amended by Section 121 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987.
This funding is specifically available for making safety
improvements at highway railroad grade crossings.
Although your proposal to beautify the downtown area of Shakopee
may be desirable, we are only able to use rail grade crossing
safety funds for safety related projects.
From the information you have supplied to Mn/DOT, there does not
appear to be sufficient evidence that the seven crossings you
identified have significant safety related problems.
Our analysis of the signal needs in the Corridor indicate that
these crossings barely meet the minimal requirements for ---
inclusion in the federal program. Although four crossings in
the Corridor are not signalized, they do not appear to warrant
signal devices to any greaterextent than hundreds of other
crossings in the state that have crossbucks.
A" Equal Opponunin• Emplov,,
/ a -d
Ken Ashfeld
July 22, 1987
Page 2
I am reluctant to be put in the position of recommending to the
FHWA a package of seven signal projects that would not each
individually have a high enough priority for signals under this
program.
In order for these crossings to meet the criteria for inclusion
in the federal program and to have a higher priority than the
other crossings in the state, we need to make a case that we are
significantly improving safety at this group of crossings.
I believe the way to accomplish this is to close at least four
crossings in the downtown area. This will improve safety to the
traveling public and therefore allow us to justify the inclusion
of this project in the highway railroad grade crossing safety
program to the FHWA.
To the best of my knowledge, there is no other city in Minnesota
that has 8 signalized crossings within 8 blocks in the downtown
area. The City of Winona formerly had rail grade crossings at
nearly every block in its downtown area. The City worked with
Mn/DOT to develop a project that closed approximately half of
the crossings and upgraded the remaining crossings with
signals. Although there was initially some resistance on the
part of the City to close so many crossings in the downtown
area, rail safety was ultimately improved in Winona after this
project was implemented.
Our inspection of the grade crossing surface on Holmes indicates
that the surface is in reasonably good condition and that there
is no safety related reason for the installation of rubber. I
therefore recommend that if the Citydesires to have rubber
installed at Holmes, it work out the same arrangement with the
railroad that has been worked out at the other crossings in the
Corridor (the City pay for materials and the railroad pay for
installation).
Mn/DOS's proposal for a corridor project through Shakopee is as
follows:'
1) The City agree to close four grade crossings in
the Corridor. Mn/DOT recommends that the crossings at
Sommerville, Fuller, Atwood and Apgar be closed.
Ken Ashfeld
July 22, 1987
Page 3
/a d
2) Mn/DOT pay for 100 percent of the cost of
signalizing the remaining four grade crossings at Spencer,
Lewis, Holmes and Scott with federal and state funds.
3) As mentioned above, the City and railroad pay for
the installation of rubber surfaces on the four remaining
crossings in the Corridor.
We are also concerned that by making the area along Second
Avenue more attractive and by improving parking conditions,
there will be more pedestrians crossing the railroad track in
mid -block and not at the signalized crossings. Please give some
thought as to how this potential problem can be handled.
If you have any questions or comments concerning this proposal,
please contact Mr. Bob Swanson at 296-2972. -
Sincerely,
a,�'V'n/I
Ronald Mattson
Assistant Director
Rail Administration Section
MEMO TO: John K. Anderson, City Administrator /
FROM: Ken Ashfeld, City Engineer
SUBJECT: Railroad Corridor Improvement
DATE: December 12, 1986
INTRODUCTION:
At their October 7, 1986 regular meeting, Council directed staff
to pursue a federally funded, railroad corridor improvement
project. Preliminary meetings have been held with the railroad
and Mn/DOT.
BACKGROUND:
A meeting with the railroad led to a discussion of the Apgar.
Street crossing. Mn/DOT had indicated that,. with the large
number of crossings in the downtown area, they would like to see
some of them closed. Due to the number of tracks at Apgar, they
wouldparticularlylike to see this crossing closed. A
consultants study of street corridors within the City also
identified the situation on Apgar Street. Attached are excerpts
from the consultants report that discussed the Apgar Street
corridor and proposed street and traffic control improvements.
The opinion of closing various crossings in the downtown area to
improve safety stems from the idea that the less crossings that
exist, the better for traffic control. I agree that idea makes
sense in most cases but not in Shakopee where 2nd Avenue runs
immediately adjacent and parallels both sides of the track.
Closing of crossings in the downtown area would increase east -
west movements on 2nd Avenue and in turn, increase 90 degree
turning movements across the tracks. These turning movements do
not receive the full 'benefit of crossing protection devices due
to the angle of approach to the crossing and sight distance along
the track is directly over the shoulder. It is my opinion that
is an unsafe condition.
In reviewing the consultants report for the Apgar Street
corridor, they recommend traffic control that would increase
movements along 2nd Avenue with Apgar Street closed. The
resulting turning movements are not as bad in this case since
both lanes of traffic are on the south side of the tracks. As
stated in the report, the trafficvolumesdo not warrant the need
for one way couplets other than to reduce the volume of traffic
shifting from Apgar Street to Scott Street when proceeding in the
northerly direction across the tracks with the Apgar crossing
closed.
Railroad Corridor Improvements d
December 12, 1986 /
Page 2
If Apgar Street is closed between 1st and 2nd Avenues, a state
aid route designation change is necessary. A state aid route
must terminate at either another state aid route, County, or
State facility. I sketched on the attached Apgar Street corridor
map an alternative alignment of the state aid route. This
alignment would eliminate the need for a shift in the route from
Apgar to Scott. In comparing the two routes, Scott Street is
very similar to Apgar Street relative to profile grade and
driveway access needs. Properties abutting Scott Street is more
institutional in nature between 2nd Avenue and 4th Avenue. This
alignment would increase traffic adjacent to the St. Mark's
School.
RECOMMENDATION:
No immediate decisions regarding state aid route changes are
necessary. If the City wishes to pursue a federally funded
corridor improvement project for .1987, the railroad and Mn/DOT
will want some indication soon on our position of closing
crossings. I recommend no closings in the downtown area. If
Council is receptive to closing Apgar, I recommend that this
receptiveness be used as a bargaining tool to obtain other
improvements. Other improvements could be the elimination of
sidings on Scott Street by realigning the sidings west of Scott.
Whether this can be done is unknown at this point.
Staff has also been talking with Soo Line Railroad (different
company than Chicago Northwestern who owns the main line) in
pursuit of changing or eliminating the sidings on Atwood Street.
What will result from these discussions are also unknown.
REQUESTED ACTION:
1. Indication to staff Of Council's desire to close any
particular railroad crossings in the downtown CBD area.
2, indication to staff of Council's receptiveness of closing
the railroad crossing at Apgar Street.
KA/pmp
RAILROAD
The alternative, concentrating traffic movements on Apgar
Street, will result in volumes of up to 4,000 trips per
day on portions cf this street, which can be accommodated
on the existing two-lane street. Extension of Scott
Street through to the 13th Avenue alignment would disperse
some of the new growth area traffic... particularly trips
with destinations in the vicinity of St. Francis Hospital.
Use of Apgaz Street in lieu o'_ a one-way couplet would
require either upgrading of the multiple track crossing at
2nd Avenue or some accommodation to improve traffic
movement (either along 3rd or 2nd Avenues) between Apgar
and Scott Streets.
The city's downtown study included a recommendation that
Atwood Street be closed east of St. Francis Hospital to
create a "superblock" for hospital -related expansion. The
Downtown Plan concentrates traffic on Fuller Street and
New residential growth south of 10th Avenue is anticipated
Ni. A.R. Spurrier
April 23, 1984
/
Page 14
APGAR STREET CORRIDOR
North/south traffic movements in this corridor are
- dispersed between Shumway Street, Apgar Street and Scott
Street. South of 10th Avenue, counts show only 440 trips
per day. These volumes increase progressively as we
traverse the residential area toward downtown Shakopee.
Since Scott Street is signed as an access point to St.
Francis Hospital, volumes on that street are slightly
higher than on parellel roadways. Corridor volumes appear
to be highest in the area between 6th Avenue and 3rd
Avenue, with approximatly 4,000 daily trips divided
a
between the three streets.
The alternative, concentrating traffic movements on Apgar
Street, will result in volumes of up to 4,000 trips per
day on portions cf this street, which can be accommodated
on the existing two-lane street. Extension of Scott
Street through to the 13th Avenue alignment would disperse
some of the new growth area traffic... particularly trips
with destinations in the vicinity of St. Francis Hospital.
Use of Apgaz Street in lieu o'_ a one-way couplet would
require either upgrading of the multiple track crossing at
2nd Avenue or some accommodation to improve traffic
movement (either along 3rd or 2nd Avenues) between Apgar
and Scott Streets.
The city's downtown study included a recommendation that
Atwood Street be closed east of St. Francis Hospital to
create a "superblock" for hospital -related expansion. The
Downtown Plan concentrates traffic on Fuller Street and
New residential growth south of 10th Avenue is anticipated
to produce an additional2,440 trips per day in the
corridor. The bulk of this additional travel will
continue to downtown Shakopee or to TH 169.
Although Apgar Street is continuous to TH 169, numerous
track crossings between 1st and 2nd Avenues make this
location less desirable
than Scott Street for continuation
of the corridor movement. Furthermore, Scott Street is
aligned with Levy Drive to the north and is provided with
a traffic signal to facilitate safe highway crossing
amuevers. Creation of a one-way couplet using Scott
Street northbound and Apgar Street southbound should be
considered between 10th and 3rd Avenues. As the agricul-
tural area south of 10th Avenue is developed,this one-way
system could be continued south to the proposed new 13th
a
Avenue alignment.
The alternative, concentrating traffic movements on Apgar
Street, will result in volumes of up to 4,000 trips per
day on portions cf this street, which can be accommodated
on the existing two-lane street. Extension of Scott
Street through to the 13th Avenue alignment would disperse
some of the new growth area traffic... particularly trips
with destinations in the vicinity of St. Francis Hospital.
Use of Apgaz Street in lieu o'_ a one-way couplet would
require either upgrading of the multiple track crossing at
2nd Avenue or some accommodation to improve traffic
movement (either along 3rd or 2nd Avenues) between Apgar
and Scott Streets.
The city's downtown study included a recommendation that
Atwood Street be closed east of St. Francis Hospital to
create a "superblock" for hospital -related expansion. The
Downtown Plan concentrates traffic on Fuller Street and
Mr. E.H. Spurrier
April 23, 1984 O�
Page 15
diminishes the use of Atwood Street, except for
circulation trips. Atwood presently carries approximately
600 cars per day and a portion of these trips would
redistribute onto the Apgar Street corridor if Atwood is
not available.
Although creation of a one—way couplet in this corridor
has some advantages, out—of—direction travel would be
required for traffic approaching St. Marks School and the
emergency/ outpatient entrance to St. Francis Hospital.
With Atwood Street closed and the school pedestrian
activities associated with an elementary school at 3rd
Avenue and Scott Street, we recommend two—way operation on
Apgar Street with a jog to Scott Street along 2nd Avenue
at this time. The one—way street option remains viable
for the future if traffic growth in this corridor requires
additional capacity as the city continues to grow.
no changes in traffic control are indicated along either
Apgar or Scott Streets south of 2nd Avenue. As traffic
increases on this corridor, it is recommended that 2nd
Avenue be improved between Apgar and Scott Streets and
that STOP sign placement along 2nd Street be used to
encourage use of 2nd Avenue for access to the traffic
signal at Scott Street and TH 169 and to downtown
Shakopee.
�� is+ •2'- � � R...•�r � 'n y"`^.•ri'M' "^ �"-�F":iu. Gr
��� Vti:111' �II!� �!II'•�II� a�!Ff ��.i Ili'
Il1 _FIi1I!VI
���,,_ _ I I I I I !.I I• •I I i l" "I I, I !• I I •I LI I-
�m
S_CDND AVE
_z
im
n A
nw
�j
op
o
m
n
ti
V
H
ILI! Li! ILII
LI;,,I •
F-11-1171 �II_I f•,
I h I I F [p11
evp
I h ,'I ! I I" •I � I. .I I I I• °I I I I• -1 I_I I•
I I, I I I I �� -1111• -Ir' I I• "i�l-
I I• - I � I I" i �] •I LII I I_! I• I LI I•
O I. Ii Vu �s 1 I
��' to � =I I I F =1 I I I• 1111 I
° Lill
ALl6N7zuT
Ft
1,;-6
U U
� C3
m
O
>
c
O a
M
C2
T
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer *--
SUBJECT: Traffic Control & Regulatory Signage
Fourth Avenue & Fuller Street
DATE: July 24, 1987
INTRODUCTION:
At their July 14, 1987 meeting, Council directed staff to review
the inplace traffic control at the intersection of Fuller Street
and Fourth Avenue. This memo is a follow up of that directive.
Existing Signage:
The existing signage consists of a yield condition for both the
eastbound (EB) and westbound ( WB) approach legs of the
intersection. The northbound (NB) and southbound (SB) approach
legs are uncontrolled.
Existing Traffic Volumes:
The latest traffic data available is the 1985 traffic counts.
This data will be updated this year but will not be converted
from raw data to actual numbers until next winter. The following
volumes reflect the average daily traffic on the state aid legs
of the intersection for the combination of approaching and
departing traffic.
4th Avenue (Holmes to Fuller) 1000
Fuller Street (4th to 5th) 1150
As stated, we do not have the current data, but I would expect
traffic volumes in excess of 1,000 vehicles per day on 4th
Avenue.
Future Traffic Volumes:
The proposed T.H. 169 bridge & minibypass project will result in
alignment changes in the area of the central business district
(see attachment). With the .new alignment, Fuller Street will
replace Holmes as the main collector street. The 1985 traffic
counts for Holmes was .4700 v.p.d. It is expected that .Fuller
would take on the -same traffic characteristics as -Holmes -with. the
proposed alignment of the minibypass.
Traffic Control /
July 24, 1987
Page 2
Alternatives for Improving Traffic Control of Fourth Avenue:
1. Remove the yield signs providing for an uncontrolled
intersection.
2. Replace the yield signs on Fourth Avenue with stop signs.
3. Remove the yield signs on Fourth Avenue and install stop
signs on Fuller Street.
4. Remove the stop signs on Fourth at Atwood and replace such
that the stop condition is on Atwood.
5. Combination of Alt. 4 with either Alt. 1, 2, or 3.
1.14DWQJ4I�INC I9TYYUIC F
From a traffic management perspective, I recommend actions on
both alternatives 3 and 4. At the time that the Minibypass is
completed, I am confident that traffic will warrant a four way
stop at Fourth and Fuller. At that time, the stop signs can be
removed from Fourth and Holmes and a four way stop condition
instituted at Fourth and Fuller.
REQUESTED ACTION:
Move to direct staff to relocate the stops signs on Fourth Avenue
at Atwood Street from a stop condition on Fourth to a stop
condition on Atwood and to remove the yield signs on Fourth
Avenue at Fuller Street and install stops signs to institute a
stop condition on Fuller Street at Fourth Avenue.
I / ;^ • _i1 I�' i rill \�, ' / \�J
•
lifl )
\--0
I
•
1 f-c--::,1 - . '
��! 1 1 .ft.40 !-----=----
,�I S� �� P j I I 1 'l
c.........
. II i 1
a
-1 •• tz46- •
•
.; . I. ('
IIF _� = _ � Ai; ial
I�
Faux,/df i kAI i•
?Y J ,C
—
r l C lu
y• /
I h e .Ifl : /� . \,I• 1 I:Iy�CJI' m:
° 1 31i ii e
IIl . $.p8•jA� 0.
L
j cc-:\.. , •_ .- _...." , , ....vic---...:,-..--Tt i .,
I T tt A*� %?
ypv
\_ it'C /41, , ,, , l!ig -4..
869
Q p J
il C.r. 11 j1 11 ' Hi. .. . III I : ' --- ' . ti. r; _...„.„../
dpi ---' - a
V I r•bo . ...‘"--‘,Ar'''''I
,t • i i 4'V
i J ! ik
• m
l •.isM.r.- •%.•it,gt- • \ Iltil'i .,.• • .; „
. (f_ltirS-1: — • .
Am ptS Ia g .893
�lk `
--7 ,n r7.----/---- WO'4/7 1 ,
•
'Y
\.. �sT 88 €� iI
;r1aoDA �(� �A r Il
•w 1p3 ��, y1i !'
D,.8 k �J�C1 `, I I i
,1'1�" t rl 11. v ' I
\S-'av6Pt Jr. 's l _J
ar.:s.n. .. e
u 44 J .
e
-illir-
C f
] . (--- i
s i l'
1a
I• 1
u •
iy t
1088 South Monroe Street /;2V
Shakopee, MN 55379
August 3, 1987
Dear Members of the Shakopee City Council,
Hello! My name is Laura Wermerskirchen and I am writing to
express an interest in serving on the Community Services Board. My
husband, Dan and I reside in Shakopee with our three children; Erin,
Megan and Kevin. I have been a resident of Shakopee since 1981 and
my husband has been a life-long resident. I am currently employed as -- --
a Second Grade teacher for the Shakopee Area Catholic Schools.
In the past, I have been involved with many Community Service
programs in different ways; as a participant, as a supervisor of a
playground program for the city of New Hope, a swimming instructor,
lifeguard and pool manager for the community of Britt, Iowa, and as an
employee for the Shakopee Park and Recreation. I have also served
on the Community Services and Social Service Committees for the College
of St. Benedict, St. Joseph, Minnesota. I was actively involved in
organizing activities with the Special Olympics, the American Red
i
Cross Bloodmobile and the Veteran's Hospital.
Since residing in Shakopee, I have been involved with: several
committees for Shakopee Area Catholic Schools both on the local and
the district levels. the Summer School program for Shakopee Public
Schools, the Shakopee Park and Recreation,. the American Red Cross
Bloodmobile, and with St. Mark's Julifest.
I feel that I would be an asset to the people of the community and
to the Community Services Board by bringing a genuine interest in
working with you to provide a successful and rewarding Community -
Services Program to the communityofShakopee.
Thank you for your time and consideration.
Sincerely,
RECEIVED ® 4� �.
AUG 4 ]99i -
Laura E. Wermerskirchen
CITY OF SHAKOPEE
LAURA ELIZABETH WERMERSKIRCHEN
1088 South Monroe Street
Shakopee, MN 55379
Telephone: (612) 445-3339
EDUCATION•
College of St. Benedict, St. Joseph, ,M 56374. BA degree in
Elementary Education with concentrations in Kindergarten. Science,
and Social Science, 1975-79.
Britt High School, Britt, IA 50423, Diploma, 1975.
CURRENT POSITION•
2nd Grade at Shakopee Area Catholic Schools, MN 55379,
1981 -present. Shakopee,
PREVIOUS POSITIONS:
1st Grade and PE at Zimmerman Elementary School, Zimmerman, MN 55398,
1980-81. 5-6 Combination; Reading 3-6; Music, and PE at Zimmerman
Eelmentary School, Zimmerman, MN 55398, 1979-80.
ORGANIZATIONS/ACTIVITIES.-
Personnel
RGANIZATIONS/ACTIVITIES:
Personnel Committee, 1986-87, Shakopee Area Catholic Schools, Shakopee,
MN 55379.
General Chairgersaa, c� , Yni4,`s :,dines[ , 1987, Shakopee, MN 55379.
General Co -Chairperson, St. Mark's Julifest, 1986, Shakopee, MN 55379.
District Language Arts Curriculum Committee; 1985-86, Shakopee Area
Catholic Schools, ShakopeeMN 55379.
District Reading Curriculum Committee; 1985-86, Shakopee Areas Catholic
Schools, Shakopee, MN 55379.
Recertification and Licensing Committee, Shakopee Area Catholic Schools,
Shakopee, MN , 1985-87.
Reading Curriculum Committee; 1984-85, Shakopee Area Catholic Schdols,
Shakopee, MN 55379.
Social Studies Curriculum; 1981-82, Shakipee Area Catholic Schools,
Shaiopee, MN 55379.
Red Cross Volunteer; 1983 -present, Shakopee, MN 55379.
-Sunshine Fund Chairperson, 1982-84, Shakopee Area Catholic Schools,
Shakopee, MN 55379. -
District Advisory Committee; Independent School District 720, Elk
River, MN; 1979-81.
District Advisory Committee; Conference Bank Time; Independent School
District 720, Elk River, MN; 1980-81.
District Advisory Committee; Inservice Committee, Independent School --
District 720, Elk River, MN; 1979-80.
Minnesota Education Association, 1979-81.
Minnesota Catholic Education Association, 1986-87.
WORK HISTORY•
Summer School, Kdg. Instructor, 1985-86, Shakopee Public School System, -
Shakopee, HN 55379.
WORK HISTORY: (cont.)
Private Tutor, Summers of 1983, 1984.
Park and Recreation - Arts and Crafts and Puppetry, Shakopee Community
Services, Shakopee, MN 55379; Summer of 1982.
Park and Recreation Supervisor at Hidden Valley Park, New Hope, MN,
Summers of 1980, 1981.
Britt Country Club, Britt, IA. Manager of swimming pool,
swimming instructor, children's golf instructor and recreation lifeguard,
director,
summers of 1976-79.
MEMO TO: John K. Anderson, City Administrator
FROM: Jeanette Shaner, Administrative Secretary
RE: Nominations to Boards and Commissions
DATE: July 31, 1987
Introduction and Background
The attached article has been published in the Shakopee Valley
News notifying citizens that there are openings on various City
boards and commissions. We had asked that citizens submit a
resume by July 31, 1987.
we have received a letter from Bill Preiss expressing his
interest in serving on the Community Recreation Board and a
letter from Terrance Joos expressing his interest in serving on
the Industrial Commercial Commission (letters attached).
Action Requested
1. Move to nominate Bill Preiss to fill an unexpired term on
the Community Recreation Board expiring January, 1988.
2. Move to nominate Terrance Joos to fill an unexpired term on
the Industrial Commercial Commission expiring January, 1990.
jms
CITY BOARD OPENINGS
The City of Shakopee has an opening on the Industrial
Commercial Commission, the Energy and Transportation Commit-
tee and on the Community Recreation Board due to recent
resignations.
The Industrial Commercial Commission meets the 2nd Wed-
nesday of the month at 5:00 p.m., the Energy and Transportation
Committee meets the 3rd Thursday of the month at 7:30 p.m. and
the Community Recreation Board meets the 3rd Monday of the month
at 6:30 p.m.
Anyone interested in serving on any of the committees is
invited to submit a resume to Mayor Eldon Reinke, City Hall.,
129 East First Avenue, by July 31st. For .further information
call 447-3650 or 445-2742. - '
Bill Praise
Sales Agent
Home: (612) 4455735
Office: (612) 292-0323
The Minnesota State Automobile Association
TRAVELERS TRAIL. BIINNBVILLE, MIX.. 55331 • RITZ CABYp
AA to
yvt
,6zfwe"
6�4Kt�
July 29,1987
Shakopee City Council, /
At this time I would like to submit my name for
consideration for a position on the Commercial In-
dustial Commission.
ncerely,
Terrance J. Joo ✓
1251 Harrison Street
Shakopee, MN
445-2011
July 29, 1987/ x
a.
Shakopee City Council,
I submit this resume for consideration for a position
on the Commercial Industrial Commission. The following
are a list of my qualifications for this position.
1. Eight years as resident of the City of Shakopee.
2. Have been a member of the Shakopee Jaycees for the
past two years.
3. Served the Jaycees as Community Development Vice
President. I was awarded Community Development Vice
President of the Year -by the State of Minnesota Jay-
cees. Also served the chapter as Parliamentarian,
4. I am currntly serving the community and the Jaycees
as Public Relations Vice President. This has allow-
ed me to work closely with the local media and keeps
me abreast of local current events.
5. I currently work for United Mailing Inc. as their
Shipping and Receiving Mechanic.
For,your
consideration,
Terrance J. Joo
1251 Harrison Street
Shakopee, Mn.
445-2011
4'�,71-
MEMO TO: John K. Anderson, City Administrator /07 q
FROM: Fulton Schleisman, Building Inspector J
RE: Proposed Ordinance Regulating Grills/
Barbecues on Decks
DATE: July 29, 1987
INTRODUCTION
Council had earlier askedstaffto investigate the possibility
of implementing an ordinance which would regulate the use of
grills on decks in multi -family buildings.
BACKGROUND
In the article attached, (Star -Tribune 7-7-87) the State Fire
Marshall says that he will propose changes to the State Uniform
Fire Code that would make it illegal to barbecue on wooden patios
and decks. Also see a follow up article (7-23-87).
As stated in the earlier memo on this subject, in the event the
State takes the initiative to develop an amendment to the Fire
Code we would recommend foregoing the development of an ordinance.
ALTERNATIVES
1. Proceed to developan.ordinance. The only reason to do
this would be because we want it in force sooner than the
State law will be.
2. Drop plans to draft an ordinance. The Building Official and
Fire Chief cannot recall any fires caused by on deck grills
and have indicated a preference to see what happens at the
Legislature and enforce the new law as adopted. For this
reason we feel we can wait for the State changes.
Staff recommends Alternative No. 2.
ACTION REQUESTED
Pass a motion dropping plans to draft an ordinance regulating
grills and barbecuesondecks. --- - -
FS:cah
Attachment
'Li►'iiiS LiSaCl
on daces
cauld
be barnnad
=:rail fire
:g
an
move
By Itehet Wpesead-
Mianemu Fps y that to, P— to .
Bnc said Moaday arocade zrD m
bar -ire un, o m otesa! mtneo-.
m4is on amden osis ir. apzrm .
bmfdngsaxdsangsiamilY bvu .
- Bra= said he willpmmn asnrsID -
.Ihssu•:s ummirm ,im: code'that"
woald mac b ihm011 to barheasc op
woocen�os+end cit Mora
vc-
riorctind pi;; og on a wood r --k is
a bed ids" 3r`- told a ascus mr.
f -'I —not s--^-^^^ in
Vouch.-ayia'TE.'czl C3
wood pick ,,.-.:a.:"y.n a moil:
.Snort Prvv ch-ur of L hfu
rasa is -a= •^•canaca^a L -i,
=jothi baa would-
mr� r.,r and asci :.•�"-��
-btu
-moria lebna ..nam
no In pv_st ovr z an
-uncus=mzsn•^-�*i;:"m� .
in - sem^= a is
. lic :'s 2 am zpp_ - m Der : mpha sal- and sum �.
a- a r�aiss•= "Cosmo
was-- so:npiy ay, 'W_11 = - is
az '=aid
ms's moa 10- r_sk an a4d9on
-iC. � s..•- - con
n co rs-as yr1p•M
¢Lr�ZTrcoa Smoidaas
�zl
nam an ontsnm :ill cuss
-^ Ip � L1 -'S t2 •L^
T-.:zen �:tixpnrs w— b d foe
irm w•Si_ mnns•ing n: b-- Annul
6Ceef _ ccinac:s's )40 iron w—
coact m.r:5noy=' T.^ wits no
,io= of !� in ria, ba ter— .
sac ICS nvi>` w=- can'•-^
pd:do¢aot Fico - .a total -Mo� nt
kgs of gssur on t,a,.,•
can prrmused W
noun ittismgs r hcid no -
P puce-tnaron in n= peopmaj
CHI. construct op tri; 4B
Gri[I5 Conbaxd Isom ogre Ill
ur eht XWe' in: fmnl version or tis: Ihanshroe-familyhomet
hes ze
Bra= aernowioare d out his eff=
and ibnl fir- oe�rtmcna mrsnt
have diffuuhy eniornng such a inn,
emealsy in nn mi.nuny ntmn• ii:
sad me min .0.16 mairme self -polio
ng by ourdour mors-. -
He also snmnred that hr was mor
mneprd arsamaixucent builainw
-1 think our focus should be toward
mum-ismiryssuosru_," Bra= sail
Th: sur nr_ marshal said a daft of
m: ban mould Oct raoy by Itis fat;
and pubis: anump around n: Ilse
could ce coni•n:6 n=; m: Wr
t_ . TO- ban would b: study for IC
laitimgstumn of 1981
Frown said a anmher of cities in Ib:'
Domed Stares pave •,•�::�•"•�• maA.
lag It ilial in ass.: —maw bminas'
an mti vi t of amcnanna and mo-
dm..t^;trii A iew tduzs in Mnpesi:
M bar- subs hauls nL�-
is= sam c ooc sot know -how'
tmaoy ina.aaw- unno ==%-n by mu-
tes: wiln rep woodcu znz s, but
I:3t his L3 — is Ss--"3mg'L
Ban on grins would ordy'
apply to apartments
By Robert Whereatt.
The Jiamarsmal will -revise the
Sssff Writer _-
sae's uniform fire code this fall The
code has the erect of law. The pms-
Tne state Bre marshal said Wrdnes-.
ent rode is silent on the use of char -
day that his plain to on charcoal:
coal-buminb grills on wooden decks
gritting on wooden decks wouldap-
or baiconrec.:
ply only to apartment bnidurn not
.single-family homes
The code would take efleetat= puir.
' -
lic bearnp around the stare. It could -
"Onr focus is gong,m be on mend-_
be in effect by next summer if hnr-
fam0y..mWti-story buildings, apart-.
Fop were held this wit a. Bruce, said. -
mcut buildings" said For: Marshal-
"
Tnomas Bmsz "I am not proposing
His move .to amend the sate fire
a ban' on wooden decks on single-.:
rode was made after a June 14 muco -
family maiden pts -7
- -
ny Br- at an Fagan apartment coo
-plea. He said the cause oftbe Bre wa's -
Brace's setement clarified an cher.
.spontaneous cvprommon of charcoal
aF�dfd-aannddpltaced in
.� 3 �r?ly homamdthheo charcoal
-o pa��ffig�
gnlln8 ban.,He.safd hn.arigimi
trot was only-muld-family builmvts-.About-60':of
_
the 140- units 'in -Ile
Some news organiaum, and a ret-
:complex wet damaged or demroyed.
m,mu ,c of the insurance industry
Tocre were no inimiles: -
wbo amended a July -6 press confer;
-thee given by Bmee said they under-
Public .Safety Commiaioner Paul
mood him to include single-iamily
Tsrdida also mid yesterday that any:
homes in the proposal.. -
'.'-ban should - not apply to single
.. bomea-it 'just wouldn't be work,
Bran said yesterday -that he hasTe-'_able'
meed only one kna from a resident
Objecting to a ber on the use of grills
Tschida .said he mppora:a bon-On-
au'ddon
onangle -family home decks But
thilang in multi -family srmcnims.
such a ban would. he-unmiommblc,
"We hay-_ no option but to support
he said.-' -
the hat on apartments herause of the
-
fire dan8a;' he said -
TO: John R. Anderson, City Administrator
FROM: Gregg VOxland, Finance Director
RE: 1987 Audit Services
DATE: July 21, 1987
Introduction
Attached ;s an audit proposal
Streefland & Company. for 1987 audit services
from Jaspers,
Ddek -...a
This firm has
exception of having the done the audit for the City for over 20 years with the
audit for State Auditor for 1969. The same individual doing the
more than 10 years. Staff has recommended changing auditors for
about the last five years, primarily in order to have a fresh look at
financial operations of the City. Council has continued to retain Jaspers,
Streefland & Co the
Council actions in Company.
Accordingly, the motion drafted below reflects
The price retaining Previous auditors. past
line with previousoyearsy Jaspers, Streefland & Company is reasonable and in
Alternatives
1. Accept Jaspers & Streefland proposal.
2. Solicit other proposals.
Recommendation
Staff recommendation is to change auditors.
Action
Move to accept the proposal of Jasper, Streefland & Company
services in the Amount of $8,000 and that the City Administrator is authorized
to execute the Understanding of Engagement. P y for 1987 audit
JASPERS, STREEFLAND & COMPANY
JEROME 1FSPERS, Rp .JAMES $iREEFGNp, l,. C9q
MEMBERS OF THE RMFRIGN INSiIT11fE OE
a"IPIED gmlC RCC0UNIg
3fM SCOTT MEET, S AXOKE MN 55379, I6121 "E 2817
July 13, 1987
Members of the City Council
City of Shakopee
Shakopee, Minnesota 55379
Dear Members:
Enclosed is our engagement letter for the annual examination of the financial
statements of the City of Shakopee for the year ending December 31, 1987.
Our fee for audit services for 1987 is estimated to be $8,000.00.
Thank you for the opportunity of submitting our proposal.
Yours truly,
��4a T
Jaspers, Streefland 5 Co.
Certified Public Accountants
JSC/ry
JASPERS, STREEFLAND & COMPANY
IEROME IA::CPA.1AMES SFFEEFIAND, IL Gpq
MEMBERS DF TXE AMEMGN INS1RUiE pF
CE"FIED WBIIC ACCWMANIS
Zx SCO,7 SmEU. SNANOKE. MN $5379, Ibl}I EASM7
Members of the City Council
City of Shakopee
Shakopee, Minnesota 55379
Dear Council Members:
We are confirming ou
of the balance sheets
31, 1987, and related
expenditures for the
as required.
July 13, 1987
Understanding of Engagement
r understanding of the arrangements to make an examination
of the various funds of the City of Shakopee at December
statements of changes in fund balance and revenues and
year then ended and such other supplementary information
The examination will be made in accordance with generally accepted auditing
standards. Accordingly, we will test the accounting records of the organization
and perform other auditing procedures by methods and to the extent we deem
appropriate for the purpose of expressing an opinion on the financial statements.
We expect the city staff will be available to prepare, under our direction,
certain of the detailed schedules necessary for the examination. An examination
directed to the expression of an opinion, on the financial statements is not
primdefalcations specifically
al uon, to disclose
cations orothersimilaricannot
rregularities should eany dexist, although their
discovery may result.
At the conclusion of our examination, we will submit our report with respect
to the financial statements and will make separate recommendations for strengthening
internal accounting controls and improving operating procedures to the extent that
such matters come to our attention.
Our charges will be made at regular per diem rates, plus direct expenses. We
will advise you promptly if we discover any indication of defalcations or other
irregularities, or if other circumstances develop that require us to extend our
work significantly (e.g„ internal control is found to be ineffective, books are
not effectively closed, accounts are out of balance).
We are prepared to assist you with a wide range of financial and management
services. Please feel free to call on us for advice at any time regarding any
problems or matters which you feel we can render assistance.
Page 2
If the above understanding is acceptable to you, and the services outlined are in
accordance with your requirements, please sign the copy of this letter in the space
provided and kindly return to us.
We are looking forward to an enjoyable and continuing association in service to you.
Yours truly, ��i��i}{{�/�r�{--
i=PERS.STREEEft.AND& CO.
Certified Public Accountants
SSC/ry
Enclosures
The services described in the foregoing letter are in accordance with our
requirements. The understanding described in the letter is acceptable to
us and is hereby agreed to.
City Administrator
'
b
b1
tl
IY
tl
tll
WI
01
01
m
:.
U
YI
Y
I
Y
Yi
YI
Y,
I
Y
V.
V
I
V
V
Vi
U.
VI
V
I
I
I
I
F
m'
0
Im
n
e
�
n
N1
e
A
n
Ia
nR
A
A
n
1 I I
i
1 1 I
1
i 1
1 I
1
1 1
1 1
1 1
1
1
I
u
Wdi
ddl
®
10
d
tN
--
An
n~d
ffl
ff,
d
NN
T-
AA
"A
T1
111
II
10
-♦
�I
NNi
ud
O
F
If
nl
O
ee
-
OI
-P
fIW
W
1*1
:N•
:al
fl
Id
AI
n
flA
dr
fR
n
1T
W
P
1 I.
T
1 11
\
1
Ir
fl
I
f
1
rr
\T
1 I
1 11
r
1=
1
FPI
--
�O
e ei
I
a e
a
I
I
I
bi
WJ
¢
Yu
�^I
11V
W
Ym YO
F
J
rdi
J<
Y.LL
661
^
J
>'.
LL
LLL
6m
DLL
tl
00
OWI
0101
J
tl
6
66
tlY
FU
0
VW
J
^9
LL
mm
G<
0.
6
SSI
WW
r
YY
}}I
O
i
U-
X%'
WWI
ZZ
00
Od
OM
¢ 6
S
O.
O
a61
OJI
WW
V
WWI
001e
a
<
^11
W
mWl
II
^l ^!
I
JJ
^
•
•
•
Ili
•
•
1
a11Y0
JIIIII
O
a•
00
tllP
NN
�er�
ON\
Yea
00
O
W1e
e<{ie
N
fr
Pi
PPI
1
\
N
N eIN
ee
hF
NW
PW
^ �flf
OIo
NNI
Yal\
NhfmAwl
r
m
Ya
FF
A'A
ob�00a
fN
dar
Y
\r
dal
'
'
i
I I
!F I.
M1M1
hFI
M1
m
NN
W I
a
I
WI
0
I,
001
Wtll
dml
dYl
Y
w
a
m1
a
mal
I
j
F
A
M1F
I. h
I
F1
I
M1 I
Fhl
hO1
M1Fi
pe
o
I
(
�
R
•I
YY
oNi
it
f
.J
d
I
nI
h I
tlm
M
OV
•
001
'O
O
11.
a
Mm
Ya'
i
aa1
d
f
m
♦
N
i
m
m�
J0C i J0� F' )0c
W I W W W I r
I
ro`r
ro
ro
roro
ro
ro
ro.
ro
!2 Lo
ry
ro
ro
'm
m
•
wY�
i
;ro
W.
m�
u
i
p
a
x
.n.
IM
J
J
Y Y
J
Y
M
J Y
Y
I
Y
Y
I
y
W
-
I�ryl
N
ro r
r
im
NI
N
N W
N
N
N
I
D
_
0I
0
00
0
T
I
01
001
0
j
y
I
I
1
a
C_
NN
Nam'
VV
NN
00
',
YNN
o
ao
00
o
NN
y-1
00
oap
oe
oo,
OW
e
•
I
•
e
a
i
i
•
I
•
�.
N
rrl
A
O
Z.
3
u
I
y
S
Onl
m
2
DD
D
L
2
DF
ooi
m
YYI
r
,i
ro
Tv
m
W
�
YYI
W
'm
r
oa
x
r.
m.
KK
m
9 i
W W
W
i
O
fZl [Zi
1
2
m
S
O
<i
m m
P
P
P
O
u
m
cmY
991
W
x
o-
TI
S
N:
ra
m
D
m
til
m
'm
Tm1
9
O
D
O
T •1
<
y
�
m
I
1
IA
n
W
9
9
CI
m ml
m
9
r
r
00
O
T
Zm
ri
0_
0
W
ITT
WI
I
2I
y
T
O
J
Z
O
O
J
00
p
i
D
11
1
I I
1 1
1
I
l
1 1
1
1
1
n
a
s
as
a
a
a
a
as
a
a
o
W
Yi
roro
ro
ul
ro
uu
Iryp1
JI
W W
Y
�
NI NII
O
O
O
O
o
I
I
W
ro
O
W
al
Y
Y
1
ZO
roWi
V
ro
I Y
Yro
Yi
W
y
I�
1
11
1
I
II
1
==
iuI.
V
IW
ml
roV
r
J0C i J0� F' )0c
W I W W W I r
I
ro`r
Z
N N
m
N
N
<
i
Y
1 I
1
I e
1 I I I RP � nP q•
IP I 101 I
� eo
( I
z z >
m a_ pI m
J L LIL 0
J J d'd+ JIY
ml 0 o m b oleO J
m J mw JIJ 2
i
W I 00
» ! m 2 I W¢ W
OI
mi z K LL F
W JIJ T
)I W J 0-0 Oi0 WI
J
6 < O z ZIZ <I
ml O F DO 3> >
mlew e,Ot tlylN
Fl nn I NNI NN I NIMH NW W^
m I 10 00
N N
00
e o O _ o O SII M h
A r1 0 0
0' 0
N N Nm NN
• N • N f N • Na ♦ NN • N f
I
�
n
<
i
F
I e
1 I I I RP � nP q•
IP I 101 I
� eo
( I
z z >
m a_ pI m
J L LIL 0
J J d'd+ JIY
ml 0 o m b oleO J
m J mw JIJ 2
i
W I 00
» ! m 2 I W¢ W
OI
mi z K LL F
W JIJ T
)I W J 0-0 Oi0 WI
J
6 < O z ZIZ <I
ml O F DO 3> >
mlew e,Ot tlylN
Fl nn I NNI NN I NIMH NW W^
m I 10 00
N N
00
e o O _ o O SII M h
A r1 0 0
0' 0
N N Nm NN
• N • N f N • Na ♦ NN • N f
<
i
N
^
_n
n
1
Oo
F
n
TI'1
A
N
�
v
1
f
I
_
o
N
I
I
i
p 3
m
ns
>
Yy
W
^
FF
J
n
u
I
Z
U
n
p
d
z z
o
m
m
x
O
I33
66
O
t
FF
F
2
0p
0
6
W_
Oi
Fe♦
hP
P
P�
nn
F.M1
OOJ
Wm.
I
N:.
n�
mr
h
I
M1 M1
h
I
F'
i
F'
p
1
NN
1N
i
N'
N
p
a
_
N
•
NN
•
N
♦
N
N
N N N N N N NN NN
Z 0
' • m - m w P m ma `u 'u 1'n m z n
D
' I. N ro ro ".ry ro 'm ro N ro NN NN
_ z
IVI mN: VIA JJ NN aNro N y
: A. JA.W-aNaw tl W.0 PP "� mm tlm VV -+ A�� NNro
I UNNO NoPN VW N'N NN N!0 NN NN roN oNN
I I 0: Na Na N.eHP Iai11Ai1 00 0o roro JN oe NN oa tltl NNo 0aA o
OI TTTT TTTT S O y m O AA N
____ m
yl CCICCCLCCA f O m 00
D Z___ m IA O 'y O 90A <
r 00000000 m
C m D D y mm 2
JN..Nry N' o: r r < S O r 'N 9T mm O
Ym:JP-NA T> W 0 2 O A O
0 m O T
m
I m m A 33'
Nyyy yyy y W A '10 T ' AA. n
00'-000000 Z f y A D D m WW SS' ' 3
y iA, P"A L I 0 O Z DD m
>Dir.D DDD In 2 D T C m O ff \\ 0
rflfffrff O
m O KA
m oo m
zz. m
m
y
W��AOO:Sy01
yPIDO DAAm:
myy
Otl:OGT>DS'.
imlwa
aoi -s
D OF T'
z 1 m T' r.
mz m<
`m m'
r y
m
y
Z11
K y OI
C
A
C
G
Tr
i
m
r
m
m
m
m
m
w
c
m
j
r
m
y
I
1
l
I
II
W
ro
Iro
iN
U
1
II
1
a
_
N
a
m NO.o Iok o o 000 m m m m m m m mmm
F... . W W W Y Y... Y r Y Y Y Y Y...
W FFF F W W W W F FFF F F F F F F F FtF
W S m
000 0 000
Y 0 O Y Y Y VI O 000 D\ mN0
8 O l s 0 0 0 0" N H H 0
w 0 0 O 0 0 0 00 S S
Y W N Y S S O O Y Y Y Y O O O S O 0 0 000
O�Yr O O O 'oO r0 0 00 NYY O O O O OS 000
mmwo
m
W
w00
O
o
O
O
000
m
m
m
m
m
m
m
mmm
y
o
o-
r
W
W
W
r
r
Y Y r
Y
r
r
r
Y
Y
Y
Yr
O
m
3
3
3
3
3
3
3
3 3 3
N W F
3
K<
c+
K
W
M
C
.
Y.
µ✓
N✓
m
Y
r
Y
Y
Y
Y Y r
Y
Y
Y
Y
r
r
Y
r Y Y
�-3
W
0
000
0
0
0
0
0
0
000
0
0
0
0
0
0
0
000
w &m
W Fit F,1
0
000
m
0•
b
b
O
V1
V I V I w
I
h
0
0
0
0
0
0
000
0
0
0
0
0
0
0
000
n O O
y
N
O
M
K
W
m
M
r
H
0 H
• 74
w
N
W?
N
m
O
a
a
N
M
m
I
Y a
O F F �1
z
W
%
<
0
N
L r 3 ro
n
m
O VI F,1
Q
1
O
H
I
K
W
m
w
r
r
0
3
H
Y y Y
N
m
0
O
N
Y
O
N
y
O
3
N
3
m
K
m
b
b
O
u
<
H
O
m w a
K
r
O
r
<
�
0
o
m
m
•* �
r
K
�O
w
w
r
�1
m
w
� m
m
WF
FNV1
N
r
rFN
W
Y
r
-1
r
r
m
WFW
O
b w W w N
F
Y
O
N
0 O
�O
N
•D N O
0
m
0
SSS
N
0
0
0
0
0
omm
O
N
w
O\
1
N N N N N N N N N N N N N N N N N N N IO N N N
W WWW W W W W W W W W W w W W W W W W w W W
0 000 0 �' 0 0 0 0 �y�pp�� m
w N Y 0 �O� � m� D. F w N YYr
n
m
Y
o
m
O
a
m
y
o
o-
❑
m
m
m
m
m
m
m
m m m
O
m
O
D
6
O
m
3
3
3
3
3
3
3
3 3 3
N W F
3
K<
c+
K
W
M
C
r
Y.
µ✓
N✓
m
r
r r r
&
9
c*
m
y
W
0
H
m
M
�-3
W
0
Z
O
Z
W Fit F,1
5
m
0•
b
b
O
V1
V I V I w
I
h
N
n
W
m
0
W
m
z
7
Y
N r r
m
o
W O N W �]
W
y
O
N
O
M
K
W
m
M
r
H
0 H
• 74
w
N
W?
N
m
O
N
a
N
M
m
I
Y a
O F F �1
z
W
%
<
0
N
n
m
O VI F,1
Q
1
O
H
I
K
W
m
w
r
r
0
3
H
N
m
0
O
N
Y
O
N
O
3
N
3
m
K
m
b
b
O
u
<
H
O
K
N N N N N N N N N N N N N N N N N N N IO N N N
W WWW W W W W W W W W W w W W W W W W w W W
0 000 0 �' 0 0 0 0 �y�pp�� m
w N Y 0 �O� � m� D. F w N YYr
n
m
Y
o
m
O
a
O
3
So
F
F
m
m
3
[ro+]
[ro+J
0
O
m
1
n
O
O'
O
0
w
M
m
w
Y
3
K
c+
w
N
S
3
m
<
O+J
m
D
&
9
c*
m
y
W
0
H
m
M
�-3
W
0
Z
O
Z
m
0•
Z
t+
T•
W
C
O
w
r
N
m
Y
r
m
r
<
a
n
m
m
1
.z*
I
K
O
C
Y
O
O
u
H
O
K
O
<
0
o
m
m
K
m
m
r
W
N
Y
Vt
VI
F
F
�1
O
O
O
r
N 0 0 0 0 0 m
I/ N
MEMO TO: John K. Anderson, City Administrator
FROM:. Judith S. Cox, City Clerk
RE: Sale of Strong Beer Under a Wine License
DATE: July 27, 1987
Introduction
On August 1, 1987 a new law goes into effect which allows a
municipality, by ordinance, to authorize an on -sale wine licensee
who also has an on -sale nonintoxicating malt liquor license and
- whose gross receipts are at least 60% attributable to the sale of
food, to sell intoxicating malt liquors on -sale without an
additional license.
Background
Up until now the sale of strong beer has been limited to liquor
licensees. Under the new law, a licensee holding a wine license
and a 3.2 beer license may sell strong beer, if the City Council
adopts such legislation. Mr. Mielke, owner of the Inside Track,
formerly the Shenandoah Ballroom, has submitted the attached
letter requesting Council to adopt an ordinance permitting the
sale of strong beer with a wine license and a 3.2 beer license.
Under the City Code, dram shop insurance is required for a wine
licensee, so we do have proof of required insurance on file for
anyone wishing to sell strong beer under this provision.
The City has currently issued both licenses to valleyfair and
Damile, Inc. In order to qualify for the sale of strong beer
they will have to prove that 608 of their gross receipts are
attributable to the sale of food (at Valleyfair this would
pertain to the specific booth).
A telephone survey was done of five neighboring communities.
Edina, Bloomington, Eden Prairie and Eagan all stated that they
have had no requests for the change and that their City Councils
have not discussed the item. Minneapolis' City Council has
discussed it and has directed their City Attorney to prepare the
necessary ordinance .and bring..i-t--back. _to-- Council -for a. vote_.____. _.._ .. -
Alternatives
1.. Permit the sale of strong beer under the State requirements
(an ordinance would have to be prepared and adopted).
2. Do not permit the sale- of strong :beer under the State
requirements. -- ---- --
Requested Action
Direct staff whetherornot to prepare an ordinance adopting the
new State law permitting the sale of intoxicating malt liquors at
on sale to a holder of an on -sale wine license and an on -sale
nonintoxicating malt liquor license.
�I!Dming-Danang-Enzerrainment
IDEHTRACK�
TSHENANDOAH
Ms. Judy Cox, clerk
City of Shakopee
Shakopee, MN 55379
2400 4th Avenue East, Shakopee, Minn. 55379
(612)445-9551
Dear
Ms.
Cox:
-
---
.. --.
As
a new
business
owner that
operates
with
a 3.2
beer
license in -"
Shakopee, we would like to up -grade ourselves to be able to serve our
patrons wine with their meals. -
We have applied to the city of Shakopee for a wine license for
our establishment and now understand that recent legislation enacted
by the 1987 Legislature allows for holders of wine licenses to serve
strong beer in their places also.
It is our intention to be allowed this right also, so we hereby
request that the city council allow us this right for the Inside Track
at Shenandoah, owned by DAMILE, Inc.
Please note that appropriate fees have already been submitted to
the city.
Thank you in advance for your help in this matter.
Sincerely, ./.
A� ' �(.aSA.�
Gene Mielke, President
DAMILE, Inc.
owners of Inside Track -
(formerly The Senandoah Ballroom)
"Specializing in Banquets, Group Functions, Wedding Receptions, and Special Events."Let us Serve You.
MEMO TO: John R. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Sale of Intoxicating Liquor on Sunday Before 12:00 Noon
DATE: July 24, 1987
Introduction
On July 21, 1987 Mr. Stan Ockwig General Manager of Canterbury
Inn requested that the Council consider amending the City Code to
expand the sale of intoxicating liquor on Sunday to include 10:00
a.m. to 12:00 noon. Council directed staff to check with some
professional convention planners to see if the sale of liquor on
Sunday prior to 12:00 noon was a consideration in selecting a
site for a convention.
Background
Representatives from the following firms were questioned as to
whether or not the sale of liquor on Sunday prior to 12:00 noon
with Sunday brunch was a consideration when looking for a site
for a convention, and their comments are as follows:
1. Minneapolis Convention Bureau:
a) Yes it is a consideration if it is a tour or a travel
group.
b) It has never come up for an organization.
2. Liemondts Tour and Convention (provides full convention
services):
a) Liquor has never been an issue.
b) once did a champagne breakfast and the company said
that they would never plan it again; people talked
about the champagne breakfast and not about the
meetings; usually liquor is available at a banquet or
at the end of the day.
-
3. Northwestern Business Travel
Northwestern Meeting Incentives and Meeting Services:
a) Liquor on Sunday a.m. has never been an issue in
planning.
b) People are usually interested in a geograph preference
and facilities available. Work with special -
corporations and industries interested in business -
meetings and incentives.
A survey was also conducted of seven hotels (talking with sales
managers) asking whether the question comes up when the booking
of a convention is discussed relative to the availability of
liquor on Sunday with brunch. (See attached)
Recommended Action
Advise staff whether or not Council wishes to set a public
hearing to consider whether or not the City should permit the
sale of liquor on Sunday prior to 12:00 noon.
JSC/jms
3 i'.2' P
Survey of Hotels
July 23, 1987
Liquor Availability for Sunday Brunch Before 12:00 Noon
Question 1 - When
receiving inquiries about
booking a
convention, are you
asked if liquor
is available
for Sunday brunch?
Question 2 - Is liquor available
for Sunday brunch before 12:00
noon?
Question 3 - Is this
availability
used?
Asked if
Is
Is
Liquor is
Liquor Availability
Available
Available
Used
Registry Hotel,
Not often
Not in summer
Can recall
Bloomington
Will in fall
being used
Sheraton Northwest
Rare
Yes
No
Radisson South,
Sometimes
Yes
Occasionally
Bloomington
Radisson Hotel, -
Yes
Yes
Corporations -
St. Paul
No
Weddings -Yes
Hyatt Hotels,
No
Yes*
No
Minneapolis
Minneapolis Plaza
No
No
No
Hotel, Minneapolis
Radisson University
It may have
No
No
Hotel, Minneapolis
been
*Must meet city code - 80% food sales or it must be included in
the price.
SURVEY OF CONVENTION BOOKERS _.. _..
Liquor Availability for Sunday Brunch Before 12:00 Noon
Question I - Number of groups book per year.
Question 2 - When receiving inquiries about booking a convention, are you
asked if liquor is available for Sunday brunch?
Question 3 - Is liquor available for Sunday brunch before 12:00 noon?
Question 4 - Is this availability used?
Asked if Is Is
Groups booked Liquor is Liquor Availability
per year Available Available Used
1)
Kay Bixby -Conf.
40-45
No
Yes,
Not in last
Coordinators Inc.
Usually _
3 years
2)
Audrey Glasbrenner
10
No
Doesn't
Yes, less than
HSI Ins.
know
5 in last 3
years
3)
Lisa Cargill
10
No(1)
Yes in
Yes, 5 per
Twin Cites
Mpls 6
year
Unlimited
Bloomington
4)
Terry Totenhagen*
12
Yes, but
Yes, in
Yes
Little Six Bingo
infrequently
Bloomington
Tour Groups
5)
Bobbie Nappes*
6
No(2)
Yes
Yes, 3 to 4
MN Quarterhorse
per year
Assoc.
6)
Don Slavik*
2(+2)
No
Yes
Yes
U.S. Police
Canine Assoc.
*Names provided by Canterbury Inn
1) Comes up late in planning usually as a champaign brunch
2) She isn't asked by groups but she herself considers it
MEMO TO: John Anderson/City Council
FROM: Jim Karkanen-Public works
SUBJECT: Hydraulic arm lifter
DATE: July 31, 1987
INTRODUCTION:
At the June 2nd, 1987 City Council meeting, the Council
recommended that the Park Department purchase a hydraulic loading
arm for the Park trash compactor vehicle for 515500.
BACKGROUND:
The Park department has now installed the hydraulic loading
arm on the trash compactor and reports that is working better
than we expected. This arm will mechanically lift the trash
barrels into the side loading hopper and dump them without the
crew members physically straining themselves with this process.
The hydraulic loading arm was purchased and installed for $1450
by Boyum Equipment Co. of Lakeville, who is the only Newway
distributor in the area. This Newway trash compactor will only
accept a Newway loading arm.
The Finance Department has indicated that the Council has
recommended the purchase of the loading arm, but did not
specifically authorize the expenditure to Boyum Equipment Co., so
the vendor cannot be paid for the installation until authorized
by Council action.
ALTERNATIVES
Authorize the Finance Department to pay- Boyum Equipment Co.
for the installation of the Newway hydraulic loading arm on
the Park Department trash compactor.
Do not pay for the installation of the Newway loading arm.
.ACTION REQUESTED:
Authorize the Finance Department to pay $1450.00 to Boyum
Equipment Company for the purchase and installation of a Newway
hydraulic loading arm on the Park Department trash compactor.
E
/3a,
1321-16JI "10(011=
A RESOLUTION MAKING A NEGATIVE DECLARATION ON
THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR
THE STARWOOD MUSIC CENTER
WHEREAS, the Starwood Music Center proposal located in the
City Of Shakopee .required the preparation of an Environmental
Assessment Worksheet (EAW); and
WHEREAS, the City of Shakopee is the Responsible
Governmental Unit (RGU); and
WHEREAS, the City Of Shakopee has prepared an EAW which was
Published, distributed and commented on in accordance with
Minnesota Statutes, Chapter 116D and Minnesota Rules 1985; and
WHEREAS, the City Of Shakopee has reviewed all comments
received regarding the EAW and has prepared a report containing
Findings of Fact, Conclusions and a Recommendation regarding the
Starwood.Music Centet EAW.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council
that a negative declaration is hereby, made on the Starwood Music
Center EAW.
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.
ty Attorney
SPNIMSTED INCORP:iRATEC
13b
Public Finance Acdvas
85 East Seventh Place, Sw1e 100
Saint Paul Minnesodi 551012143
6122233000
July 28, 1987
Mr. John Anderson, City Administrator
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
RE: Recommendations for the Issuance of $2,660,000 General Obligation
Tax Increment Bonds, Series 1987A and $705,000 General Obligation
Improvement Bonds, Series 1987A
Dear Mr. Anderson:
I have enclosed 12 copies of our recommendations for the above-named issues
for distribution to City Council members and City staff prior to your meeting
on August 4, 1987. An additional copy has been sent under separate cover to
Ken Ashfeld, City Engineer.
If you should have any questions pertaining to these recommendations or if you
require additional copies, please do not hesitate to contact me or David
MacGillivray.
Sincerely,
Katherine C. Kordell
Analyst
/dlr
Enclosures
Indian. Orrice. Wsconsin Office:
202 South Id¢hioan Street Suite 1182 500 Elm Grove Road, Suite 101
South Bend In. an. 466T 2015 Elm Grove. Wisconsin 531220037
219266 T56 4144828222
O'CONNOR & HANNAN
ATTORNEYS AT LAW
John Anderson, City Administrator
Judy Cox, City Clerk
Greg Voxland, City Finance Director
Dennis Kraft, HRA Executive Director
Shakopee City Hall
129 East First Avenue
Shakopee, MN 55379
Re: $2,660,000 G.O. Tax Increment Bonds, Series 1987A,
and $705,000 G.O. Improvement Bonds, Series 1987A,
of the City of Shakopee
Dear Judy and Gentlemen:
At the request of the City's financial advisor, Springsted
Incorporated, I have prepared and enclosed copies of the August 4
City Council resolutions which would set the sales for September 8
on the above-mentioned two bond issues.
Please call if you have any questions in this regard.
o rs very t ly,
010&4e___
9mes P. 'Meara
JPO: jk
enclosures
cc: Dave McGillivray, Springsted Incorporated (w/encl.)
Nancy Langness, Springsted Incorporated (w/encl.)
Sano IDS CENTER
mozeei��•"b°oma
80 SOUTH EIGHTH STREET
en
MINNEAP01_I5, MINNESOTA 55402-2254
Mf
16121343-1200
`z^'V'�°�'O°
P. OWEARA
TELEX 29-0584
JAMES
1621343-288
TELECOPIER 16121343-1256
eaz. ve.e
July 30, 1987
HAND DELIVERED
John Anderson, City Administrator
Judy Cox, City Clerk
Greg Voxland, City Finance Director
Dennis Kraft, HRA Executive Director
Shakopee City Hall
129 East First Avenue
Shakopee, MN 55379
Re: $2,660,000 G.O. Tax Increment Bonds, Series 1987A,
and $705,000 G.O. Improvement Bonds, Series 1987A,
of the City of Shakopee
Dear Judy and Gentlemen:
At the request of the City's financial advisor, Springsted
Incorporated, I have prepared and enclosed copies of the August 4
City Council resolutions which would set the sales for September 8
on the above-mentioned two bond issues.
Please call if you have any questions in this regard.
o rs very t ly,
010&4e___
9mes P. 'Meara
JPO: jk
enclosures
cc: Dave McGillivray, Springsted Incorporated (w/encl.)
Nancy Langness, Springsted Incorporated (w/encl.)
3 16
Extract of Minutes of Meeting
of the City Council of the City of Shakopee,
Scott County, Minnesota
Pursuant to due call and notice thereof a regular or
special meeting of the City Council of the City of Shakopee,
Scott County, Minnesota, was held at the Shakopee City Hall
on August 4, 1987, commencing at 7:30 o'clock P.M., C.T.
The following Councilmembers were present:
and the following were absent:
•�■ Axa x�■
The following resolution was presented by Councilmember
, who moved its adoption:
RESOLUTION NO. 2773
RESOLUTION PROVIDING FOR THE ISSUANCE
AND SALE OF $2,660,000 GENERAL OBLIGATION
TAX INCREMENT BONDS, SERIES 1987A
BE IT RESOLVED by the City Council of the City of
Shakopee, Scott County, Minnesota as follows:
It is hereby determined:
(a) That the Housing and Redevelopment Authority
in and for the City of Shakopee, Minnesota
(the "Authority"), and/or the City have under-
taken or will undertake the public improve-
ments listed in Exhibit B which is attached to
and made a part of this resolution (the
"Improvements") within or for the benefit of
the Authority's Minnesota River Valley Housing
and Redevelopment Project No. 1, pursuant to
and in full conformity with Minnesota Sta-
tutes, Sections 469.001 to 469.047 and Sec-
tions 469.174 to 469.179, inclusive.
(b) That the Authority has requested that the City
issue its bonds to provide financing for the
Improvements and that the Authority and the
City enter into the tax increment pledge
agreement respecting such bonds required by.
Minnesota Statutes, Section 469.178, Subdivi-
sion 2.
(c) That it is necessary and expedient to the
sound financial management of the affairs of
the City and the Authority that the City issue
its bonds pursuant to Minnesota Statutes,
Section 469.178, Subdivision 2, and Chapter
475, to provide financing for the Improve-
ments.
2. The City shall therefore issue and sell its
$2,660,000 General Obligation Tax Increment Bonds, Series
1987A (the "Bonds"), to provide financing of the Improve-
ments, and $39,900 of such amount shall represent additional
bonds issued pursuant to Minnesota Statutes, Section 475.56,
as additional interest required to market the Bonds at this
time. The Bonds shall be issued and sold in accordance with
the following Official Terms of Offering:
3 iy
OFFICIAL TERMS OF OFFERING
$2,660,000
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1987A
Sealed bids for the Bonds will be opened by the City Administrator or his designee on Tuesday,
September 8, 1987, at 11:30 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East
Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds
will be by the City Council a1 7:30 P.M., Central Time, of the same day.
DETAILS OF THE BONDS
The Bonds will be dated October I, 1987, as the date of original issue, and will bear interest payable
on February I and August I of each year, commencing February 1, 1988. Interest will be computed
upon the basis of a 360 -day year of twelve 30 -day months and wiI I be rounded pursuant to rules of the
MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof
as requested by the Purchaser, and fully registered as to principal and interest. Principal will be
payable at the main corporate office of the Registrar and interest on each Bond will be payable by
check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on
the books of the Registrar as of the ISth.day of the calendar month next preceding the interest
payment. .
The Bonds wil I mature February I in the amounts and years as follows:
$310,000 1988 $325,000 1990-1992 $375,000 1994
$250,000 1989 - - $350,000 1993 $400,000 1995
OPTIONAL REDEMPTION
The City may elect on February 1, 1994, and on any interest payment date thereafter, to prepay
Bonds due on or after February 1, 1995. Redemption may be in whole or in part of the Bonds subject
to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity
date will be prepaid first. If only part of the Bonds having a common maturity date we called for
prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments
shall be at a price of par and accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax
increment income from the City's Housing and Redevelopment District V as well as special
assessments against benefited property. The proceeds will be used to finance the public costs of
various improvements within the Housing and Redevelopment District fl.
TYPE OF BID
A sealed bid for not less than $2,620,100 and accrued interest on the total principal amount of the
Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to
the time set for bid opening, a certified or cashier's check in the amount of $26,600, payable to the
order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's
Financial Advisor. No bid will be considered for which said check has not been filed. The check of
the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to
comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which
will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids unless
rhe meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to
another date without award of the Bonds having been made. Rates offered by Bidders shall be in
integral multiples of 5/100 or 1/8 of 1%. No rate for any maturity shall be more than 1% lower than
any prior rate. Bonds of the some maturity shall bear a single rate from the date of the Bonds to the
date of maturity. No bid may be conditioned upon award of any other offering of obligations by the
City.
AWARD
The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by
the deduction of the premium, if any, from, or the addition of any amount less than par, to the total
dollar interest on the Bonds from their date to their final scheduled maturity. The City's
computation of the total net dollar interest cost of each bid, in accordance with customary practice,
will be controlling.
The City will reserve the right to: (i) waive non -substantive informalities of any bid or of matters
relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii)
reject any bid which the City determines to have failed to comply with the terms herein.
REGISTRAR
The City will name the Registrar which shall be subject to applicable SEC regulations. The City will
pay for the services of the Registrar.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but
neither the failure to print such numbers on any Bond nor any error with respect thereto will
constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP
Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the
Purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to
receipt by the Purchaser of an approving legal opinion of O'Connor & Hannon of Minneapolis,
Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a
no -litigation certificate. On the date of settlement payment for the Bonds shall be made in federal,
or equivalent, funds which shall be received at the offices of the City, or its designee, not later than
1:00 P.M., Central Time. Except as compliance with the terms of payment for the Bonds shall have
been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for
any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for
payment.
At settlement the Purchaser will be furnished with a certificate, signed by appropriate officers of the
City, to the effect that the Official Statement did not as of the date of the Official Statement, and
does not as of the date of settlement, contain any untrue statement of a material fact or omit to
state a material fact necessary in order to make the statements therein, in light of the circumstances
under which they were made, not misleading.
OFFICIAL STATEMENT
Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor
prior to the bid opening. The Purchaser will be provided with 40 copies of the Official Statement.
Dated August 4, 1987
BY ORDER OF THE CITY COUNCIL
/s/ Judith Cox
Clerk
3. The City Clerk is authorized and directed to adver-
tise the Bonds for sale in accordance with the foregoing
Official Terms of Offering and to cause the abbreviated
notice of sale attached hereto as Exhibit "a" to be pub-
lished in the manner required by law. The City Council
shall meet on Tuesday, September 8, 1987, at 7:30 o'clock
p.m., C.T., for the purpose of considering sealed bids on
the Bonds and taking any other appropriate action.
The motion for the adoption of the foregoing resolution
was duly seconded by Councilmember and upon vote
being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and
adopted.
EXHIBIT A / 3.-09-
NOTICE OF BOND SALE
$2,660,000 General Obligation Tax Increment Bonds
Series 1987A
City of Shakopee
Scott County, Minnesota
These Bonds will be offered on Tuesday, September 8,
1987. Sealed bids will be accepted by the City Administra-
tor or his designee until 11:30 A.M., C.T., at the offices
of Springsted Incorporated, 85 East Seventh Place, Suite
100, St. Paul, Minnesota 55102-2143, when they will be
opened. The City Council will meet in the Shakopee City
Hall at 7:30 P.M., C.T., on the same day to consider the
bids for award of sale. Dated October 1, 1987, the Bonds
will bear interest payable semi-annually on each February 1
and August 1, commencing February 1, 1988, and will mature
on February 1 in the years and amounts as follows:
$310,000
1988
$250,000
1989
$325,000
1990-1992
$350,000
1993
$375,000
1994
$400,000
1995
Bonds maturing after February 1, 1994, will be subject
to redemption and payment, in whole or in part, on said date
and any interest payment date thereafter at par plus accrued
interest. No rate of interest nor the net effective rate of
the entire issue may exceed the maximum rate permitted by
law on the date of sale. Minimum price, $2,620,100. An
approving legal opinion will be furnished by O'Connor &
Hannan, of Minneapolis, Minnesota. The purpose of the Bonds
is to finance public improvement costs associated with the
Minnesota River Valley Housing and Redevelopment Project No.
1 of the Shakopee Housing and Redevelopment Authority.
Bidders should be aware that the Official Terms of
Offering to be published in the Official Statement for the
Offering may contain additional bidding terms and informa-
tion relative to the Issue. In the event of a variance
between statements in this Notice of Bond Sale and said
Official Terms of Offering, the provisions of the latter
shall be those to be complied with.
BY ORDER OF THE CITY COUNCIL
/s/ Judith Cox
City Clerk
Dated: August 4, 1987
Further information may be obtained from the Issuer's Finan-
cial Advisor, SPRINGSTED INCORPORATED, 85 East Seventh
Place, Suite 100, St. Paul, Minnesota 55102-2143, 612/223-
3000.
"7
EXHIBIT B
1-5
Downtown
Railway
Streetscape
Crossings
Contract Project Costs $2,186,800
$125,000
Contingency 218,000
10,000
Engineering/Legal/Administration 480,000
15,000
Subtotal $2,884,800
$150,000
Less Sanitary Sewer Fund Contribution
Less Storm Sewer Fund Contribution
Less Water Fund Contribution
Net Costs
Cost of Issuance
Allowance far Discount Bidding ($15/bond)
Less Estimated Reinvestment Income
Net Tax Increment Bond Issue
Total
$2,311,800
228,000
495,000
$3,034,800
(258,625)
(160,000)
(15,000)
$2,601,175
29,780
39,900
(10,855)
2 660 000
Clerk's Certificate
I, the undersigned, being the duly qualified and acting
City Clerk of the City of Shakopee, Minnesota, do hereby
certify that I have carefully compared the attached and
foregoing extract of minutes of a regular or special meeting
of the Shakopee City Council held on August 4, 1987, with
the original thereof on file in my office and I further
certify the same is a full, true, and correct copy thereof,
insofar as the same relates to the issuance and sale of the
City's $2,660,000 General Obligation Tax Increment Bonds,
Series 1987A.
WITNESS My hand as such City Clerk and the corporate
seal of the City this _ day of , 1987.
City Clerk
City of Shakopee, Minnesota
(SEAL)
3 -1- _ -2-
Extract
Extract of Minutes of Meeting
of the City Council of the City
of Shakopee, Scott County, Minnesota
Pursuant to due call and notice thereof a regular or
special meeting of the City Council of the City of Shakopee,
Scott County, Minnesota, was held at the Shakopee City Hall
on August 4, 1987, commencing at 7:30 o'clock P.M., C.T.
The following Councilmembers were present:
and the following were absent:
The following resolution was presented by Councilmember
, who moved its adoption:
RESOLUTION NO. 2774
RESOLUTION PROVIDING FOR THE ISSUANCE
AND SALE OF $705,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 1987A
BE IT RESOLVED by the City Council of the City of
Shakopee, Scott County, Minnesota as follows:
1. It is hereby determined:
(a) That the following assessable public improve-
ment projects (the "Improvements") have been
duly ordered by the City and have been con-
structed by the City or will be constructed
under contracts which the City has or will let
�2_ /3 -4,---
therefor, all pursuant to and in accordance
with Minnesota Statutes, Chapter 429:
(See attached Exhibit B)
(b) That it is necessary and expedient to the
sound financial management of the affairs of
the City that the City issue its bonds pursu-
ant to Minnesota Statutes, Chapters 429 and
475, to provide financing for the Improve-
ments.
2. The City shall therefore issue and sell its
$705,000 General Obligation Improvement Bonds, Series 1987A
(the "Bonds"), to provide financing of the Improvements, and
$10,725 of such amount shall represent additional bonds
issued pursuant to Minnesota Statutes, Section 475.56, as
additional interest required to market the Bonds at this
time. The Bonds shall be issued and sold in accordance with
the following Official Terms of offering:
3
OFFICIAL TERMS OF OFFERING
$705,000
CITY OF SHAKOPEE, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1987A
Sealed bids for the Bonds will be opened by the City Administrator or his designee on Tuesday,
September 8, 1987, at 11:30 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East
Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds
will be by the City Council at 7:30 P.M., Central Time, of the some day.
DETAILS OF THE BONDS
The Bonds will be dated October 1, 1987, as the date of original issue, and will bear interest payable
on February I and August I of each year, commencing August I, 1988. Interest will be computed
upon the basis of a 360 -day year of twelve 30 -day months and will be rounded pursuant to rules of the
MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof
as requested by the Purchaser, and fully registered as to principal and interest. Principal will be
payable at the main corporate office of the Registrar and interest on each Bond will be payable by
check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on
the books of the Registrar as of the 15th day of the calendar month next preceding the interest
payment.
The Bonds will mature February I in the amounts and years as follows:
$55,000 1989$70,000 1991-1994 $30,000 1999
$80,000 1990 65,000 1995-1998
OPTIONAL REDEMPTION
The City may elect on February I, 1994, and on any interest payment date thereafter, to prepay
Bonds due on or after February 1, 1995. Redemption may be in whole or in part of the Bonds subject
to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity
date will be prepaid first. If only part of the Bonds having a common maturity date are called for
prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments
shalIbe at a price of par and accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge special
assessments against benefited property. The proceeds will be used to finance various improvements
within the City.
TYPE OF BID
A sealed bid for notless than $694,275 and accrued interest on the total principal amount of the
Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to
the time set for bid opening, a certified or cashier's check in the amount of $7,050, payable to the
order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's
Financial Advisor. No bid will be considered for which said check has not been filed. The check of
the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to
comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which
will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids unless
the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to
another date without award of the Bonds having been made. Rates offered by Bidders shall be in
integral multiples of 5/100 or 1/8 of 1%. No rate for any maturity shall be more than 1% lower than
any prior rate. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the
date of maturity. No bid may be conditioned upon award of any other offering of obligations by the
City. AWARD
The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by
the deduction of the premium, if any, from, or the addition of any amount less than par, to the total
dollar interest on the Bonds from their date to their final scheduled maturity. The City's
computation of the total net dollar interest cost of each bid, in accordance with customary practice,
will be controlling.
The City will reserve the right to: (i) waive non -substantive informalities of any bid or of matters
relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii)
reject any bid which the City determines to have failed to comply with the terms herein.
REGISTRAR
The City will name the Registrar which shall be subject to applicable SEC regulations. The City will
pay for the services of the Registrar.
CUSIP NUMBERS -
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but
neither the failure to print such numbers on any Bond nor any error with respect thereto will
constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP
Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the
Purchaser.
SETTLEMENT
Within 15 days following the date of their award, the Bonds will be delivered without cost to the
Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to
receipt by the Purchaser of an approving legal opinion of O'Connor & Hannan of Minneapolis,
Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a
no -litigation certificate. On the date of settlement payment for the Bonds shall be made in federal,
or equivalent, funds which shall be received at the offices of the City, or its designee, not later than
I:DO P.M., Central Time. Except as compliance with the terms of payment for the Bonds shall have
been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for
any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for
payment.
At settlement the Purchaser will be furnished with a certificate, signed by appropriate officers of the
City, to the effect that the Official Statement did not as of the date of the Official Statement, and
does not as of the date of settlement, contain any untrue statement of a material fact or omit to
state a material fact necessary in order to make the statements therein, in light of the circumstances
under which they were made, not misleading.
OFFICIAL STATEMENT
Underwriters may obtain a copy of the Official Statement by request to -the -City's Financial Adviser
priorto the bid opening. The Purchaser will be provided with 15 copies of the Official Statement.
Dated August 4, 1987
BY ORDER OF THE CITY COUNCIL
/s/ Judith Cox
Clerk
3. The City Clerk is authorized and directed to adver-
tise the Bonds for sale in accordance with the foregoing
Official Terms of Offering and to cause the abbreviated
notice of sale attached hereto as Exhibit "A" to be pub-
lished in the manner required by law. The City Council
shall meet on Tuesday, September 8, 1987, at 7:30 o'clock
p.m., C.T., for the purpose of considering sealed bids on
the Bonds and taking any other appropriate action.
The motion for the adoption of the foregoing resolution
was duly seconded by Councilmember and
upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and
adopted.
EXHIBIT A 6 /3 4 ^ -Z—
NOTICE OF BOND SALE
$705,000 General Obligation Improvement Bonds
Series 1987A
City of Shakopee
Scott County, Minnesota
These Bonds will be offered on Tuesday, September 8,
1987. Sealed bids will be accepted by the City
Administrator or his designee until 11:30 A.M., C.T., on
said date at the offices of Springsted Incorporated, 85 East
Seventh Place, Suite 100, St. Paul, Minnesota 55102-2143,
when they will be opened. The City Council will meet in the
Shakopee City Hall at 7:30 P.M., C.T., on the same day to
consider the bids for award of sale. Dated October 1, 1987,
the Bonds will bear interest payable semi-annually on each
February 1 and August 1, commencing August 1, 1988, and will
mature on February 1 in the years and amounts as follows:
$ 55,000
1989
$ 80,000
1990
$ 70,000
1991 - 1994
$ 65,000
1995 - 1998
$ 30,000
1999
Bonds maturing after February 1, 1994, will be subject to
prior redemption in whole or in part on said date and on any
interest payment date thereafter at par plus accrued inter-
est to date of redemption. No rate of interest nor the net
effective rate of the entire issue may exceed the maximum
rate permitted by law on the date of sale. Minimum price,
$694,275. An approving legal opinion will be furnished by
O'Connor and Hannan, of Minneapolis, Minnesota. The purpose
of the Bonds is to finance various assessable public
improvements in the City.
Bidders should be aware that the Official Terms of
Offering to be published in the Official Statement for the
Offering may contain additional bidding terms and informa-
tion relative to the Issue. In the event of a variance
between statements in this Notice of Bond Sale and said
Official Terms of Offering, the provisions of the latter
shall be those to be complied with.
BY ORDER OF THE CITY COUNCIL
/s/ Judith Cox
City Clerk
Dated: August 4, 1987
Further information may be obtained from the Issuer's Finan-
cial Advisor, SPRINGSTED INCORPORATED, 85 East Seventh
Place, Suite 100, St. Paul, Minnesota 55102-2143, 612/223-
3000.
Construction
Contingency
Land Acquisition
Engin./Legal/Admin.
Subtotal
Capitalized Interest
Issuance Costs
Discount Allowance
Project Costs
Less MSA Contribution
Less: Est. Reinvestment
Income
Net Bond Issue
EXHIBIT B
13th
Valley
VIP
Avenue
Pork Dr.
Extension
Total
$166,000
$ 55,000
$214,000
$435,000
16,000
-
21,000
37,000
5,000
100,000
_
105,000
42.000
25,000
58,000
125,000
$229,000
$180,000
$293,000
$702,000
4,200
4,025
26,245
34,470
3,831
2,903
4,876
11,610
2,925
2,850
4,950
10,725
$239,956
$189,778
$329,071
$758,805
(52,000)
-
-
(52,000)
(596)
(451)
(758)
(11805)
$187,360
IM 327
$328,313
705 000
Clerk's Certificate
I, the undersigned, being the duly qualified and acting
City Clerk of the City of Shakopee, Minnesota, do hereby
certify that I have carefully compared the attached ,and
foregoing extract of minutes of a regular or special meeting
of the Shakopee City Council held on August 4, 1987, with
the original thereof on file in my office and I further
certify the same is a full, true, and correct copy thereof,
insofar as the same relates to the issuance and sale of the
City's $705,000 General Obligation Improvement Bonds, Series
1987A.
WITNESS My hand as such City Clerk and the corporate
seal of the City this _ day of , 1987.
City Clerk
City of Shakopee, Minnesota
(SEAL)
RECOMMENDATIONS
FOR
CITY OF SHAKOPEE, MINNESOTA
$2,660,000
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1987A
$705,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1987A
STUDY NO. 3290
July 28, 1987
SPRINGSTED Incorporated
SPRINGSTED INCORPORATED
Public Finance Advisors
85 East Seventhh PlPlacce,,
Suite 100
Saint Paul Minnesota 551012143
612 2233000
July 28, 1987
Mayor Eldon Reinke
Members, City Council
Mr. John Anderson, City Administrator
Mr. Gregg Voxland, Finance Director
Shakopee City Hall
129 East First Avenue
Shakopee, Minnesota 55379
RE: Recommendations for the Issuance of $21660,000 General Obligation
Tax Increment Bonds, Series 1987A and x705,000 General Obligation
Improvement Bonds, Series 1987A
We respectfully request your consideration of our recommendations for the
issuance of these two bond issues according to the attached "Official Terms of
Offering." The City staff has kept us informed of the progress of this year's
improvement program and the need to proceed with the financing of these
projects at this time. These recommendations will first address each bond
issue individually, with those provisions common to both issues addressed
collectively in the conclusion.
The Tax Increment Bonds
This issue will finance seven separate projects, consisting of six improvement
projects associated with the downtown streetscape program and a railroad
crossing project. The City staff has provided us with the detail of certain
project costs from which we have prepared our estimate of the project budget.
Streetscape
Contract Project Costs $2,186,800
Contingency 218,000
Engineering/Legal/Administration 480,000
Subtotal $2,884,800
Less: Sanitary Sewer Fund Contribution
Less: Storm Sewer Fund Contribution
Less: Water Fund Contribution
Net Costs
Cost of Issuance
Allowance for Discount Bidding ($15/bond)
Less: Estimated Reinvestment Income
Net Tax Increment Bond Issue
Indiana Office. Wisconsin Orrice.
202 South Michigan Sheat Suite 1102 500 Elm Grove Road. Suite let
South Bend. Indiana 46W 2015 Elm Grove, Wisconsin 531220037
2192889150 414-]828222
Railroad
Total
$125,000
$2,311,800
10,000
228,000
15,000
495,000
$150,000
$3,034,800
(258,625)
(160,000)
(15,000)
$2,601,175
29,780
39,900
(10,855)
$2,660,000
City of Shakopee, Minnesota
July 28, 1987
Page 2
This issue is to be retired by a combination of surplus tax increment revenue
generated by the K mart and Canterbury Downs tax increment districts
located within the City's Housing and Redevelopment District #1 and special
assessments filed against benefited property. Earlier this month, we
completed the updating of a study estimating the annual surplus increment
income from the K mart and Canterbury Downs districts from existing and
new development. We have included as Exhibit I, from that study, the
summary schedule defining available tax increment income using 110 mills as
the City's mill rate over the life of the districts. The results of the study
indicate that, with the exception of the current collect -pay year, sizable
surpluses are projected to occur through 1994, which is the last year of
collection of increment income from the Canterbury Downs district. These
estimated surpluses are based on an extensive set of assumptions relating to
future projects and factors involving the calculation of increment income. We
understand the City is considering funding projects not included in this study.
The funding of such projects would affect the levels of surplus previously
projected. The current 1987 collect -pay year is in a deficit position as a result
of the present difficulty with the County on the administration of fiscal
disparities for the districts. The City staff has informed us that it has
sufficient funds on hand to cover this initial deficit. The projected surpluses
are the primary funding source for repayment of these bonds.
In addition, the City staff has informed us that they plan to file assessments
totaling approximately $319,400 on or about July 1, 1988 for collection
beginning in 1989. Exhibit II presents an estimate of assessment income.
These assessments are assumed to be collected in ten equal payments of
principal, with interest charged at a rate approximately 1.5% above the rate
received on the bonds. We have further assumed the City will experience no
prepayments, delinquencies or deferments in collection of these assessments.
Exhibit III presents our recommendation for the structure of this issue. Note
that the bonds' final maturity in 1995 coincides with the last year of collection
of increment income from the Canterbury Downs district. Assessment income
will not be available during the first two years of the program, but will
continue to be collected four years beyond the final maturity of the bonds,
generating a projected surplus of approximately $152,000 when all assessments
are collected (column 11). We estimate the issue will require an average
annual drawdown in projected increment surpluses of approximately $392,000
per year. This level of contribution is within our projected surpluses for the
two referenced districts. The first debt service payment is scheduled for
February I, 1988, in the estimated amount of $358,273. We have not included
any capitalized interest in the issue, as we have been informed that the City
expects that current cash on hand, together with projected surpluses, will be
available to meet scheduled debt service payments.
We recommend that bonds maturing February I, 1995 be callable commencing
February I, 1994 at a price of par and accrued interest. This will allow the
City to prepay $400,000 of the issue if market conditions warrant.
We have provided an allowance for discount bidding in the amount of $39,900,
or $15 per $1,000 of bonds issued. The discount is a marketing tool which
City of Shakopee, Minnesota
July 28, 1987
Page 3
provides the successful bidder a means of recovering his costs and/or profit
from underwriting the issue. The discount has proven beneficial in past City
bond issues, and we recommend its continued use here. The City will receive
not less than $2,620,100 in net proceeds if the entire discount is taken.
The Improvement Bads
This issue will provide the financing for three improvement projects: 13th
Avenue; Valley Park Drive; and VIP Extension. We have developed the
following project budget based upon information supplied by City staff.
Valley
13th
Avenue
Construction
$166,000
Contingency
16,000
Land Acquisition
5,000
Engin./Legal/Admin.
42,000
Subtotal
$229,000
Capitalized Interest
4,200(4 mos.)
Issuance Costs
3,831
Discount Allowance
2,925
Project Costs
$239,956
Less: MSA Contribution
(52,000)
Less: Est. Reinvestment
4,876
Income
(596)
Valley
VIP
Park Dr.
Extension
Total
$ 55,000
$214,000
$435,000
-
21,000
37,000
100,000
-
105,000
25,000
58,000
125,000
$180,000
$293,000
$702,000
4,025(4 mos.)
26,245(16 mos.)
34,470
2,903
4,876
11,610
2,850
4,950
10,725
$189,778
$329,071
$758,805
-
-
(52,000)
(451)
(758)
(1,805)
Net Bond Issue $187,360 11K 327 328 313$705,000
Amount to be Assessed $187,000 $180,000 $276,000 $643,000
The size of the issue is reduced by $52,000 of Minnesota State -Aid
Construction Funds for the 13th Avenue project. The staff has assured us that
these funds will be available to meet construction costs and, therefore, bond
proceeds will not be required to finance these costs.
The issue includes an allowance for discount bidding in the amount of $10,725,
or just slightly more than $15 per $1,000 of bonds issued. If the underwriter
takes the maximum amount of the discount, the City will receive not less than
$694,275 in net bond proceeds.
These bonds are expected to be repaid primarily from special assessments
against benefited property, and annual tax levies to pay the unassessed portion
of the VIP Extension project. The statutory requirement relating to the
issuance of improvement bonds specify that at least 20% of the cast of the
improvement must be specially assessed against benefited property owners. In
conjunction with the City staff, we have prepared Exhibit IV as an estimate of
projected assessment income. These assessments are assumed to be collected
City of Shakopee, Minnesota
July 28, 1987
Page 4
in ten equal payments of principal, with interest expected to be charged at a
rate approximately 1.5% above the net effective rate received on the bonds.
We have further assumed that the assessment rolls for the 13th Avenue project
and the Valley Park Drive project, totaling approximately $367,000, will be
filed on or by September I, 1987; the assessments for the VIP Extension
project, totaling approximately $276,000, ore assumed to be filed on or by
September I, 1988. We have made no allowance for prepayments,
delinquencies nor deferments in collection of these assessments.
Exhibit V is our recommended structure for the issue. Columns I through 6
represent our estimate of the annual debt service requirements. Column 7
shows the capitalized interest totaling $34,470, which we have included in the
issue. The City is required by statute to provide for 105% of debt service; this
5% overlevy requirement is reflected in column 9. Column 10 represents the
projected stream of assessment income from Exhibit IV. Column I I shows the
projected annual levy necessary to meet 105% of the debt service require-
ments on the issue.
The City's first payment of interest only is due August I, 1988. The City
should receive its first collection of income from assessments and taxes by
mid-July, 1988. In order to have sufficient funds available to finance this first
interest payment we have included $34,470 of capitalized interest in the issue.
This amount is comprised of four months of interest for the 13th Avenue and
Valley Park Drive projects and sixteen months of interest for the VIP
Extension project for which assessments are not expected to be filed until
1988. The City should use a portion of this capitalized interest, together with
first-half collections of assessments and taxes to meet this initial payment.
The next payment, which consists of principal and interest, is due February 1,
1989. The City should finance this payment from remaining capitalized
interest and second -half collections of assessments and taxes. Thereafter,
each six-month payment of principal and/or interest should be funded entirely
from the collection of assessments and taxes. If, for some reason, the City is
unable to adopt the assessments by the dates we have assumed, the City will
have to provide additional financing from other available funds. -
We recommend that bonds maturing February I, 1995 through 1999 be callable
commencing February I, 1994 at a price of par and accrued interest. This will
permit the City to prepay up to $290,000 or 41% of the issue should market
conditions warrant.
Common to Both Issues
The Tax Reform Act of 1986 established certain arbitrage reporting and
rebate requirements for issuers of tax-exempt obligations. In essence, an
issuer must report on, and rebate, the amount of reinvestment income which
exceeds the income which would have been earned if the same amount had
been invested at the rate on the bonds. There are several exemptions to the
reporting and rebate requirements including small issuers who issue less than
$5,000,000 of government purpose bonds in any calendar year; issues of which
all proceeds are expended within six months of issuance; and debt service
funds on which actual earnings are less than $100,000 per year.
City of Shakopee, Minnesota
July 28, 1987
Page 5
These two issues will bring the City's total borrowing in calendar year 1987 to
$3,365,000. If the City intends to issue approximately $1,800,000 of general
obligation bonds to finance the Upper Valley Storm Sewer projects later this
year, as indicated in the tax increment study referenced earlier in these
recommendations, the City will not qualify as a so-called "small issuer." The
City has two options if it wishes to maintain its small issuer status during
1987: (i) it can delay the issuance of bonds to finance the storm sewer
projects until 1988, or; (ii) it can issue bonds in 1987 in an amount which will
not exceed the $5,000,000 limitation and finance the balance of the costs in
1988. The City must make a reasonable judgement at this time as to its
borrowing plans for the rest of this year.
The Tax Reform Act also restricts the ability of banks to deduct tax-exempt
interest as a carrying expense under certain circumstances in calculating their
tax liability. However, these bonds will be qualified obligations which can be
included in a bank's calculations of interest deduction. This qualification
should assist in attracting bidders for your issue.
We recommend the City authorize SPRINGSTED Incorporated to make
application on the City's behalf for a credit rating of these issues to Moody's
Investors Service, Inc. of New York. We anticipate the rating fee will be
approximately $3,500. The City has a rating of "A" currently, and we expect
that rating will be reaffirmed.
We further recommend that bids be taken by the City Administrator, or his
designee, on these issues at 11:30 A.M. on Tuesday, September 8, 1987 in our
offices. We will be prepared to present the results of these bids to the City
Council for consideration of award at 7:30 P.M. that same evening. The City
can expect to receive the proceeds of these issues approximately 30 days after
the bonds are awarded.
Respectfully submitted,
SPRINGSTED Incorporated
/dlr
EXHIBIT I
NMomyMommM
rn
EXHIBIT II
�.yom�byMN.+
y
c
Pagel oft
Y I
�
m
O I
M N N N N N ti ti ti ti
a
m
r I
N
Y-
1� Y
O�
N
n
E�
u
LL
L
a\
Y2� �
NMOmNMOmyM
I�
O�
O
NC
bOO�nbyVMN.-�
t�
T
Ly I
�O�
pl
7W
dY
I-+eU �
C\
n
y
d p
~
b
y
N
o
a�
c
m�
0000000000
a.a+
y y y y y y y y y y
O
�
q2
rd
6y
U
�+-�+--ti.q rw rw ry
y
UY
a
W
C
n m
i
U
m m O M N m O M N m
m
T
C
N
bm1,yCMNO Ofm
b
Y
_
E
�
o
L
d\
YSE �
mmOMNmOMym
m
O�
W
Y1�
O �
VNOf Ip M'-�myN
y
Ym
y. -
U
r
YN
�N
Z
N O
w
3
£
o+
0000000000
o
wo
y
C
N
o 0 0 0 0 0 0 0 o O
O
a Y
r
O
�
W
r a
L
O
n �
w
a
r
U
W
^J
p
.+OCO�MmNI�'-�l0
O�
C
bVmN1�.-��OONC
N
C
6
N I
.-�01mbyMNOm
m
Y
b
C
H
b< V V V M M M M M
W
0
�n
N� I
NOVmMWNb'-�b
N
Ym
L
Ly
d^
N
a
NO�OmbVN
O�
L\
O
Y O
m
a
y~
d O�
.-
0000000000
o
a o
Y
LC
N I
CaVVVVK�T<V
O
CY
C
Y•"
O. �
I�nl�l�nl�l�nnn
V
O
N L
£ X
N
-r
d
np
U i 1
O�mmmmmmmmm
o
a.a �
mo+rnaao+o+o+o+rn
m r
r
L O m
O
J
y000�
U I
¢
w
r
oe.
a
bz
a
rnmmmrnaammm
aTi
r N d
EXHIBIT II
Poge 2 of 2
U L �
01O'+NMC10101�m
t�OO�"1 r'�NNMM
M
m �
01111 .ti 1�M0110 --, 1�M
N
,
Y �
O
H
U �
,
r�
l0 1111[1 V C « M M M
tO
H
O
O
C L �
mQ1 O�"�NM�10101�
�
Y �
�"�VOMp1Nm•'�n
10
N
M1010 n 1�nL'
M
J
d �
Il
.I�O10i M
ON+M Ili
L �
..
O
r
0 0 0 0 0 0 0 0 0 0
K
O
a
6,
o 1 O
010 o 10 O 1 01 0 a/ pOt 01 0010/
<
M
,
L
6 �
EXHIBIT II
Poge 2 of 2
U L �
01O'+NMC10101�m
d m
mrnrnaaao+rnarn
r d
01 01 01 01 01 01 01 01 Ol 01
}
O
H
U �
J
H
O
C L �
mQ1 O�"�NM�10101�
r
.� ro
mmarnarnrnolaa
r }
LL �
EXHIBIT II
Poge 2 of 2
Y
q
I� L
w o
rn a
O
• V
.ti C
N^+
OOOOOOOON,O
>J�
Om
TO
IOb ml�
W
Y 6v
OH
q L
rOl�r
O
� N
9 Z
E
i K
U
q0.
O.N
C 6�
C L
r01 tD<
Q�
Vmmm
ul
N
r
YY�
t�01 OJ 'CNObrOOOO
O
q a COl
W VNb1�0�0).-�
T
YO Z •-•
r l� Of .-� <.-� b Of
N
E
H d
bSl�Npf Ol b•'+
b
L
nOf OI TI�OOfO
ti
m m m m M M M C
d
�
L
Y d^
OOr•�aOmOfNM.-�1�
b
U
N
d O�
TN�1�mT Yl.N-i Il
N
E u
'^
Nc
nm.+mbm..rnbV
m
.�
Nr
blp 1pVOVVmmm
l0
L
d
V
Y
N
O
Q
Q
W
N
J
yE �^
l� Ol Ol 1p O\ 0 0f 0 0 0 0 0
41
C
�
tO qn
CO V 01tOn 01OM
O
O
OG....
bIONOGI
00
'
W
rH
^�41
Y
2
bOI IOWO1�MIn
1�
q
U
n0lbVmm<at
V'
L
O
M
IOOb
N O N
q
b 0f 1ll
Y
Y^
mmmObOJMOOOOO
Ill
mOfM
C
q q Nb
tom.-�.+OI�mrO
N
Nm�O
q
Y 6a�'
NI�I�m000)b
b
b b
U
O L
u
r u a
ao oln l�ol�-+v
M
w
CY
YI OJV N.y nNN
O'J
C
mmaVVC'?<
N
C
a
m
�
N q
1
a
Y^
MMmOIl1 Q1MOOOOO
Ip
Y
N O
NN
I�r-irOnM••'�O
N
N ••
� N
NI�nM000f f0
b
LV
L CY
U q
a
COONNIff MOV
M
d�N
� Y
yl
J N
Old
v
Nom.
aE iE M2E iE 2: 2E 2E 2EX XdE
C �Y
C
qY
C
dV
IH ONONOIO
Cid
O
Y v
O� O m IO l11: � Of + •"I r'I .'� .'�
N C
Q O- Z
L C
m
.,
u �
C
VVNIO NIO IO IO IObbb
O
Y
U
C
N
Y E
.am
o00OO000
0
dE 3:
Y9
p d
6v
OpO000O0
O
nGIN Of
q
yl L
^
f0 O V O
E N
d U
U
OOI(I 111 fO OlpO
O
�"�
C C
Il1NNNN1�O
b
<�
Y L
Cr-•
^
MNMmmMMV
f0
f0 IOb
Na
q
nl-
1�
OD
.� ••
L 3
d
Of
a
q L
a
IF ..�
Oi OfOrNmVIO IO I�WT
60
OYN
OJ Q101T Ol Ol Of Of Ol 0f 0f 0f
q
N9
q
q
tOG�
ON
d
N L qY
Lr
gYCd'
YJ
W n
..
tf >�^
b�Q)OfOrNM VIAbn
••
dqC
NY
OON
..a
dU
14
220\0101
C0101r
^bL
YY
qJ
H
Ya
UNN
O£
}
t06QZ
•-•1-
EXHIBIT III