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HomeMy WebLinkAbout09/01/1987 7�u ' MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: August 27, 1987 1. Transportation issues are crucial for Shakopee so on Tuesday I will be asking for a Council volunteer to serve on the Met Council' s Transportation Advisory Board. Only elected officials are eligible and the AMM is looking for a Scott or Carver County representative to replace an Eden Prairie official who just resigned. The Board meets in St. Paul at the Metro Square Building on the 3rd Wednesday of the month from 2 to 4 p.m. 2. Robert Vierling who owns the property at the intersection of Fourth Avenue and Sommerville was sited by the City and scheduled for Court to require him to clean up the junk on his property and comply with our exterior storage ordinance. Prior to the court date his attorney agreed to either clean the material up or properly screen it by October 13th. We will review his progress in mid-September. 3. 1 have instructed Howard Jones to begin stringent enforcement of the portable sign ordinance with regard to small metal signs placed out on the sidewalk or boulevard by gas stations and convenience centers. This has been an ongoing sore spot between the City and these facilities so you may hear about our "inconsistant" enforcement. 4. Attached is a letter to Council in opposition to the Starwood facility. As in the past, letters that have not been signed have been included in the informational items. 5. Attached is a letter from the Chamber of Commerce thanking the City for assisting them in their move. 6. Attached is a letter from Fred Corrigan to LeRoy Houser regarding our follow-up in investigating the adequacy of handicapped facilities at Canterbury Downs. 7. Attached is a letter from Dennis Kraft to Fred Corrigan specifically siting page 32 of the Environmental Impact Statement (EIS) regarding the Racetrack's use of the access road on County Road #16. we will consider this issue resolved unless we receive further notice from Canterbury Downs. 8. Attached is a copy of the Report of Commissioners regarding the valleyfair Condemnation. Our appraisal was set at $112,000.00. To that must be added an additional $5,000.00 for legal services, $4,000.00 for City appraisal services and testimony and $500.00 for Valleyfair' s appraisal. The award for the permanent right-of-way taking was $163 ,480.00 and the temporary taking was $3,800.00. These amounts include whatever value was attributed to the removal of their marque. This amount is significantly less than Valleyfair' s request and at the lower end of the estimates Rod Krass had forecast for a settlement. These amounts are acceptable to Bradford Development which will be absorbing the bulk of costs through assessments to benefitted properties. If the award is not appealed Council will be receiving it for official action. If you have questions please contact me. 9. Attached is a notice for a seminar in Minneapolis on September 28, 1987 on Council-Manager Relations. Council- members interested in attending should contact Jeanette for reservations. 10. Attached is a memo from the League of Minnesota Cities regarding Medicare for re-elected Mayors and Councilmembers. 11. Attached is an AMM activity report. 12. Tom Brownell spoke with the DNR about getting some publicity on the new hunting available at the Wilkie Regional Park. Articles appeared in the Shakopee Valley News and Minneapolis Star and Tribune. 13. Attached is a copy of Joe Zak' s appeal of the Planning Commission Conditional Use Permit (CUP) award for the Starwood Amphitheather. We have attached to Mr. Zak' s letter a copy of his traffic impact analysis and a copy of his analysis on surrounding neighborhoods and communities. Both of these items will go to Planning Commission with their September 3rd agenda packets as an info item. This will be coming before city Council in memo form from the City Planner for Council action on the appeal. The appeal of the CUP is scheduled for September 22, 1987 at 7:00 p.m. at the Courthouse (third floor) . Also attached is a copy of The scottland Companies appeal. 14. Attached is a letter from senator Durenberger responding to our concerns about proposals to impose federal tax increases on local governments. 15. Attached is the monthly calendar for September. 16. Attached are the agendas for the September 6, 1987 meetings of the Board of Adjustment and Appeals and Planning Commission. X17. Attached is the agenda for the September 5, 1987 meeting of the Industrial Commercial Commission and minutes from their July 22, 1987 meeting. 18. Attached are the minutes of the August 6, 1987 meetings of the Board of Adjustment and Appeals and Planning Commission. 19. Attached are the minutes of the August 20, 1987 meeting of the Planning Commission. 20. Attached are the minutes of the August 12, 1987 meeting of the Downtown Ad Hoc Committee. 21. Attached is the Engineering Department' s August project status report. 22. The ordinance being drafted which provides provisions for the licensing of outdoor performance centers will be on the September 15th agenda rather than the September 1st agenda. JKA/jms y �� 9 .� l 7 �� �{�, , �- � 5 (;8pee hako CHAMBER OF COMMERCE iiECEIVEti August 19, 1987 M2 611 CITY OF SHAKOPFE The Honorable City Council: I wish to express my personal, and the Chamber of Commerce Thanks to the City Employees and City Council in their assistance in moving us to our new Chamber building. I was appointed by the Chamber of Commerce board of Directors to acquire someone to move us. And once again you made my easy. Thanks again for your consistant cooperation. Very Sincerely, Dr. W. Adair Muralt 1801 Trunk Hwy. 101 P.O.Box 203 Shakopee, Minnesota 55379 612-445-1660 AgR REVED CANTUBURY AUG,81987 D O W N S CI'rY OF SHAKOPEE August 17, 1987 Mr. Leroy Hauser City Building Inspector City of Shakopee 129 First Ave. E. Shakopee, MN 55379 Dear Mr. Hauser: RE: Handicapped Facilities at Canterbury Downs I am in receipt of a letter from Bruce Malkerson informing me of a complaint received by the City of Shakopee regarding handicapped facilities at the racetrack. Please be advised that we have the same amount of facilities for wheelchair and handicapped patrons, both inside the Grandstand and in the Parking lots, as we did in 1985 when we were inspected by the State of Minnesota. Please be advised that we have made changes in seating arrangements and parking lot layout since that time, attempting to improve our service to these patrons. These changes have not reduced the total available facilities. It is my intent to contact the Minnesota State Council for the Handicapped and ask that they review our facilities for compliance at this time. Please be assured of our continuing efforts to maintain a handicapped accessible facility. Yours s' r2 , re J. Cor gan �. Di ctor o Operations cc: Bruce Malkerson Mike Manning - FJC/ljc Canterbury Downs/1100 Canterbury Road/P.O. Box 508/Shakopee,Minnesota 55379/(612)445-7223 CITY OF SHAKOPEE • INCORPORATED 1870 1:6 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 553781376 (612) 4463650 , August 19 , 1987 Mr. Fred Corrigan Canterbury Downs 1100 Canterbury Road P.O. Box 508 Shakopee, MN 55379 Dear Mr. Corrigan: This will be regarding Canterbury Downs County Road #16 Driveway. Mr. John Anderson has requested that I respond to your letter of August 9, 1987 regarding the racetrack access road to County Road #16. According to comments made in the Final Environmental Impact Statement (EIS) for the racetrack the access road off of County Road #16 was described as the one which would be least utilized. This gate, according the EIS, would remain closed for all events, except occasionally when it would be used for peak day time events to provide some relieve for the remaining gates. If this gate is used in the manner described in the EIS it is my opinion that it would also comply with the conditions of both the Conditional Use Permit and the PCA Indirect Source Permit. Please let me know if you would like to discuss this subject at greater length. Very truly yours,� /9-106 Dennis R. Kraft Community Development Director Attachment cc: John Anderson, City Administrator Tom Brownell, Police Chief Bruce Malkerson, Scottland Companies DRK:trw The Heart of Progress Valley AN EO Wt�7 EMI VER Percent Direction of Approach TH 41 Bridge 3 TH 169 Bridge - 10 CSAH 18 North 15 TH 101 East 59 CR 42 East - - 12 CR 83 South I TH 169 South 6 Figure 4.2.4 indicates the direction of approach on the existing highway system which would be used until future roadway improvements are completed. Direction of approach for d-sign day events as well as for peak events are shown. Due to the. magnitude of th.: crowd during peak events, approach directions were modified somewhat. The majority of these modifications were minor except for traffic approaching on County Road 42 from the east. During peak events, it is anticipated that larger crowds would be attending from outside the metropolitan area and that people living to the east (primarily Dakota County) would use this route to reach the racetrack. Figure 4.2.5 shows the direction of approach once the proposed future highway system in the area is completed. Major differences between Figure 4.2.4 and Figure 4.2.5 are due to the construction of the proposed Shakopee Bypass and the reconstruction of County State Aid Highway 18. Once inside the study area,-trips are distributed in a logical manner to access the site. For arriving traffic, approximately one-half of the westbound site traffic on TH 101 access the site at Valley Park Drive. Of the remaining half, two-thirds use CR 83 and one-third uses the north-south collector street. For traffic leaving the site, parking lot controls will be used to insure that eastbound traffic on TH 101 is - as nearly as possible distributed equally among the three exits that lead to TH 101 (North-South collector street, CR 83 and Valley Park Drive). Eastbound traffic arriving on TH 101 will use the North-South collector primarily. Likewise for westbound traffic leaving the site via TH 101. Five entrances to the racetrack site are assumed: two are off CR 83, one is off 4th Avenue, one is off the proposed North-South collector on the western boundary of the site, and one is off CSAH 16. This last gate will be the least utilized. It will remain closed for all events, except occasionally when it will be used during peak daytime events to provide some relief for the remaining gates. 4.2.3.3 Non-Site Traffic In order to determine background traffic in the vicinity of the site, traffic counts were taken along Trunk Highway 101 at Valley Park Drive and County Road 83, on Friday, August 26, and Saturday, August 27, 1983. During these periods, Valleyfair as well as the Renaissance Festival and State Fair were operating. In addition, traffic counts conducted on the above days for use in determining racetrack background traffic were taken on days (Friday and Saturday) when the Little Six Bingo Parlor was in session. . Consequently, it is felt that these counts represent worst case background traffic conditions. To preserve this "worst case" quality, no 32 RF( EWrrf LAW OFMCES As 2 0 1AB? lC . KRASS & MONROE CHARTERED CITY QF &HAKQPEE Phillip R. Kann Dennn L.Monroe - Marschall Road Busin Center' Barry K.Meyer 327 M .lull Road Trevor R.Walden P.O. Box 216 Elizabeth B. McLaughlin Susan L.Estill Shakopee,Minnesota 55379 Diane M.Carlson Telephone 4455080 Lyndon P.rielson Kent A.Carlson.CPA August 19, 1987 Mr. G. Larry Griffith Dorsey S Whitney 2200 First Bank Place East Minneapolis, MN 55402 Re: Valleyfair Condemnation Our File No. 1-1373-184 Dear Mr. Griffith: Enclosed and served upon you by United States mail please find the Report of Commissioner with regard to the above—referenced matter. Very truly yours, BRASS S MONROE CHARTERED Phillip R. Brass PRK:jar:mlw Enclosure cc: City of Shakopee STATE OF MINNESOTA IN COUNTY AND COUNTY OF SCOTT DISTRICT COURTS SHAKOPEE, MN 55379 612 445-7750 EXT. 200 - MICE ItLIUE MAT ER OF' CASE NUMBER 86-00446 TO: KRASS, PHILLIP R PLAINTIFF - CITY OF SHAKOFEE F'.0 BOX 216 VS. SFAKOPEE MN 55379 DEFENDANT - CEDAR FAIR LIMITED PARTNERSHIP BE ADVISED THAT WAN) REPORT OF COMMSSIONER - SIGNED BY THE HONORABLE AND DATED AUGUST 14, 1987, _ WAS FILED IN THE OFFICE OF THE COURT ADMINISTRATOR ON AUGUST 14, 1987, AND A COPY OF SAID ORDER IS APPENDED HERETO. HARK E. MAGGIO COURT AL01NISTRATOR I CERTIFY THAT A COPY OF THIS NOTICE WAS SENT TO THE ABOVE ADDRESS BY FIRST CLASS U.S. MAIL ON 87-08-15. DEPUTY CLEFT( STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT SUBJECT MATTER INDEX NO. ------------------------------------------------------------------------------- City of Shakopee, a municipal corporation, COURT FILE N0. ;86-00446 Petitioner, VS. Cedar Fair Limited Partnership, a Minnesota limited partnership; First Central Servcice Corp., an REPORT OF COMMISSIONER Iowa corporation; State of Minnesota; Chicago and Northwestern Transportation Company, a Delaware CCJ_ IY J corporation; Geo. Ben: 6 Sons, Inc., CC(i `9BJ a Minnesota corporation; Curtis M. Bradford; Hennepin County Park CCG Reserve District, a public corporation; JS Respondents. -----------------_--------------------__----_-----------------------`------- TO THE DISTRICT COURT OF SCOTT COUNTY, MINNESOTA: The undersigned commissioners appointed by the District Court of Scott County by Order dated February 28, 1986, to ascertain damages suffered by the owners of real property described in the petition heretofore filed in the above- entitled proceedings due hereby report that, having first duly qualified as required by law, viewed the premises hereinafter described, and heard the testi- mony offered on behalf of the interested parties, hereby assess and award dama- ges for the taking herein to each person claiming any interest therein as follows: Parcel A That part of Section 3, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the intersec- tion of the northerly right-of-way line of State Trunk Highway 00. 101 Ana Che North/004th quarter line of adN Section 3; thence on and assumed bearing of North 73 degrees 15 minutes 41 seconds West, along said northerly right-of- -1- way line, 205.00 feet; thence North 16 degrees 44 minutes 19 seconds East, a distance of 150.00 feet; thence South 73 degrees 15 minutes 41 seconds East, parallel with said northerly right-of-way line, 162.16 feet to its intersection with the said North/South Quarter line; thence South 0 degrees 48 minutes 00 seconds West, along said Quarter line, 156.00 feet to the point of beginning. Said permanent easement contains 27,538 squar^ feet more or less. Amount of award $ 1,1-'3 yW O, D v Parcel "AA" That part of Section 3, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the intersec- tion of the northerly right-of-way line of State Trunk Highway No. 101 and the North/South Quarter line of said Section 3; thence North 0 degrees 48 minutes 00 seconds East, assumed bearing, along said North/South Quarter line 130.00 feet to the point of beginning of the easement to be described; thence North 73 degrees 15 minutes 41 seconds West, parallel with said northerly right-of-way line, 169.30 feet; thence North 16 degrees 44 minutes 19 seconds East, a distance of 150.00 feet; thence South 73 degrees 15 minutes 41 seconds East a distance of 126.46 feet to its intersection with said North/South Quarter line; thence South 0 degrees 48 minutes 00 seconds West along said North/South Quarter line a distance of 156.00 feet to the point of beginning. Said temporary easement contains 22,182 square feet more or less. Amount of award $ 3 ,000 �00 We further report that the performance of our duties as commissioners required the following for services and expenses: 1. Ray Joachim days / n/ mileage $ 1" 1-3. o 2. Owen Reebe days ko mileage $ $ /21 80 3. Majorie Henderson dl days 9' mileage $ 54 p/, 9'1,1 TOTAL $ Dated at Minnesota, this / L.{. day of August, 1987. Ray \J Ac m 0osin N1 Owen Reebe ori ie. /Xom���� Major nderson -2- c� COUNCIL MANAGER RELA IONS POLICY LEADER SEMINARS September 24 ♦ Louisville, Kentucky September 28 ♦ Minneapolis, Minnesota September 26 ♦ Alexandria, Virginia September 30 ♦ Denver, Colorado SEMINAR OVERVIEW You should make your own hotel reservations at the site The seminars will focus en the roles and responsibilities you selectTy calling or writing one ol—ifie hbtTs listed here. Ask for the special rate for the NLCACMA of mayors,council members,and managers and will Council-Manager Relations Seminar. address the following issues: • Major trends affecting and changing these dynamic The deadline for room reservations is August 23, 1987. After that date, requests for lodging will be filled on rola a space available basis. • Methods to measure and evaluate effectiveness and productivity If you plan to arrive arta 6 p.m.,you must guarantee • Ways mayors,council members,and managers can your reservations by providing credit card information work together to improve efficiency and productivity. or by sending a check for one night's lodging in advance. FEATURED SPEAKERS —Dr.James Svam,Associate Professor at the Univer- Sewember M ZE sity of North Carolina,Greensboro,and author of many Loueviae,Kvmeky.The CA House Fact innapo research articles on council-manager relations (soi)see-3300 and Pa et,and Sinleroom$59.50/ s —BIH Evans,with Cnd int McCormick, a Double roam$69.50 consultant to local and international governments on seplemb<r 30 issues of management and productivity. sepiolite m Denver,Cmmado Alevnad.,Virginia' Mardon City Center —One elected and one appointed official from each Radivon Mark Plan Hotel (303)292-1300 (703)MS-1010 or(800)228-9590(loll free) region. Singl<romn SM/Double mom SIM single or double room SM WHO SHOULD ATTEND Mayors,council members,and managers from cities of all sizes are encouraged to attend.We also recommend •lbew sessions will proceed annual conventions ofthe Kentucky t at participa-ts attend in pairs o=tea-s.— — — =mav eague=n trio Virginia Munl-1-pal i.eag=e. — — I have enclosed a regmradon fee fo,: City name - _ gpg_ NLC direct of ass«ige member or ICMA Membership category mambo,(wounum 1) ❑ NLC Direct Member ❑ $CMA Member k 90'— _._additional NLC or ICMA members(dl otber ❑ NLC Associate Member ❑ Non-member leen members from moose,rnKs) 8125 A all other non-members of NLC or ICMA Participants: TDTALS 1) Name _ - Mate checks payable to he National Lague of Cities and Tille — noun in. Couna-Manager Rel.n.-Semina National League of Cisin 2) Name _. — - — 1301 Pennsylvania Awo.a .N.W. Tide - — — <aeaarnen, +d vanttreyara—Aswember<.1912 Aft'm IM1+I doe you mayull NLC a(=)6W 3115 m retia Contact name — — [ellanonx in wririnB will be xcN1N M NLG um swmn .I d.:<wm Address _ %subieeno+sss m[M1UB.No rtwax walxm+ae aver Sepembn u.Iw"/. City/stale/zip ,oaorv2 u>F[mar _ (OMA - Y M-- Phooenumbert I ---- FC —_CC. ___ _ . OTHER_ .,C_ will Wead NNNWMMrr�•••- uu /b U league of minnesota cities To: Mayors, Managers and Clerks From: Ann Higgins, Federal Liaison Ann Houle, Research Assistant Date: August 19, 1987 Re: Medicare for Re-elected Mayors and Council Members Some city officials have recently attended meetings at which representatives of the St. Paul office of the Internal Revenue Service stated that contributions for Medicare tax must be deducted from the wages of mayors and council members who have been re-elected since March 31, 1986. However, according to the Washington, D.C. Office of the U.S. Department of the Treasury, this is not a correct interpretation. Medicare tax contributions should not be deducted from the wages of re-elected mayors and council members. Janet Kohler, an attorney with the Treasury Department, has stated that the "continuing employment exception" for the Medicare tax applies to mayors and council members. (Elected officials are classified as city employees under the Internal Revenue Code. ) Under the IRS Revenue Ruling 86-88 of July 14, 1986, the continuing employment exception applies to employees who were working for the city before April 1, 1986, and who were not terminated after March 31, 1986. A mayor or council member who is re-elected is not terminated, since the new term follows immediately after the previous term. If you have any further questions concerning Medicare coverage, please contact Ann Houle at the League office. eFr. PUG 11981 C(Ty OF SHAKOPEE( ` � 1 63 university avenue east. st. paul. minnesota 55101 (B12) 227-5600 i .e MVET were channeled to Highway User instead of the General Fund, most of the shortage and thus problem would be resolved. The second major topic centered on levy limits. A majority of officials would like to push for elimination but realize that there is a very real problem in the intertwining of Levy Limits, Local Government Aid and Homestead Credit which needs to be resolved. Also, besides, the fact that the chairs of both House and Senate Tax Committees are strong proponents of levy limits, some .local officials fear that without them, the legislators would shift many additional financial burdens into local government and property tax payers. The answer may lie in achieving a rational index with out artifical floor or ceiling. Finally, the participants expressed concern about holding their legislators accountable, developing a voting scorecard, or some other mechanism that will help publicize the effeciveness of various legislators where local issues are at stake. All in all the breakfasts were productive and generated several good issues to be taken to the policy committees. They achieved the goal of fostering interactive communications with Board/Staff and members. 3• SPECIAL COMMITTEE ON LEGISLATIVE ACCOUNTABILITY: As noted in the summary of the "Outreach Meetings" , there was stong support for a process to keep city officials better informed as to how Legislators vote on major city issues. A number of "Associations" at both the State and Federal level do have a "scorecard" type procedure to track the votes of Legislators on issues that are key to that particular association. There are significant "pros and cons" involved with the concept and the AMM Board has appointed a special committee to study this proposal and report back to the Board. Larry Bakken, Golden Valley Councilmember, AMM Board Director and Hamline University Law Professor, will Chair this committee. Other members are Duke Addicks, Minneapolis; Mark Bernhardson, Orono, Benno Salewki , St. Paul, and Maria Vasiliou, Plymouth Councilmember. The committee is very much interested in receiving input from member city officials with respect to this idea and will hold its initial meeting on August 26th. 2 CB 1J L L E TIN association of metropolitancIVE� municipalities August 14 , 1987 X1987 T0: AMM Member Cities COITY OF SH.4KOAEE FROM: Vern Peterson, Executive Director Roger Peterson, Director of Legislative Affairs RE: METROPOLITAN AREA AND AMM MAJOR ACTIVITIES 1 . METROPOLITAN COUNCIL PROPOSED 1988 YORK PROGRAM AND BUDGET: The Metropolitan Council has scheduled a Public Hearing at 5:00 P.M. on Thursday, September 10 to receive input on its' proposed 1988 Budget and Work Program. The AMM's Metropolitan Agencies Committee, Chaired by Kevin Frazell, Mendota Heights Administrator, will review and assess that proposal and prepare a report for the AMM Board' s consideration prior to submittal at the Public Hearing. The AMM Metro Agencies Committee will begin its review at a noon meeting in our offices on Thursday, August 20th. and Dave Renz, the Council' s Executive Director and other department heads are expected to be present to brief the committee and answer questions. Your input and or attendance at this meeting is welcome. Since the AMM is usually the only group or organization that annually reviews and offer comment to Council' s yearly budget proposal, we feel it is important to do a very thorough review. 2. OUTREACH BREAKFASTS: The AMM has just completed a round of breakfast meetings in the region to discuss with member officials what the hot issues for 1988 are likely to be, to get input on those issus; and to seek additional items for policy study by the standing committees. Judging by the attendance and spirited discussion at each of the four meetings, local officials are concerned about legislative issues and eager to become involved. Three major topics become the theme for discussion among the 65 participants from 43 of the 65 AMM member cities. The first had to do with a Metropolitan Transportation Fund. Although there is an agreed upon significant need for more highway dollars, there is an even stronger fear that if the Metro Area begins funding area projects that more of the metro share of state earned dollars will be funneled into outstate projects. There did seem to be a clear concensus that if currently raised transportation related dollars, 1 183 university avenue east, st. pan], minnesota 55101 (612) 227-5600 4. CRAIG MATTSON - NEW BOARD DIRECTOR: We would like to extend our congratulations and welcome to Craig Mattson, Oakdale City Administrator, who was appointed to the AMM Board at the August 6th. Board Meeting. Craig replaces the late James Lacina of Woodbury and has been the Oakdale Administrator for about seven years. Oakdale, the third largest city (population) in Washington County, has been a member of the the AMM since 1978. 5. POLICY COMMITTEES: Starting Tuesday August 18th. the AMM' s five standing policy committees will commence meeting to revise organizational legislative policy for 1988 in light of 1987 action. The committees will consider suggestions made at the Outreach Breakfasts, and requests from member officials, cities, staff and the Board of Directors. This activity will continue through October 1st. giving each committee an opportunity to meet at least four times, more if necessary. The Board of Directors will review policy recommendations November 5 and the full membership will meet December 2nd. for final policy action. Individuals having suggestions or requests for policy consideration should contact a member of the appropriate policy committee or Vern Peterson or Roger Peterson at the AMM Office (227-5600) as soon as possible. 6. LEGISLATIVE TAX STUDY COMMISSION: This recently reinstated commission to study property tax reform met for the first time August 11th. Staff persons from the Revenue and Finance Department made rather lengthly reports on their computer analysis capabilities. Also, scheduled but delayed due to lack of time were House and Senate Research staff people. Nothing firm was accomplished. House Tax Committee Chair Representative Gordon Voss, the author of enabling legislation outlined his goals which are basically stated in the bill and which are primarily the establishment of a data base that would allow manipulation of property tax and income data in combination. Rep. Voss indicated he would form a subcommittee to determine future activity. No additional meetings have been scheduled. 7. CALENDAR OF MAJOR AMM EVENTS: A. October 1 , 1987 - AMM Golf Outing, Dinner and Business Meeting: A detailed announcement will be mailed in about ten ( 10) days but please mark your calendar now. Golfing will start early in the afternoon followed by a Dinner Business Meeting early in the evening. 3 B. December 2, 1987 - The Annual AMM Legislative Policy Adoption Meeting! will be held the evening of Wednesday, December 2nd. Please mark your calendar now for this very important event eventhough it is still several months away. DISTRIBUTION NOTE: This Bulletin has been mailed to Mayors and Managers/Administrators only. Please distribute to other officials in your city as you deem appropriate. 4 RECEIVa D TO: CITY COUNCIL, PLANNING COMMISSION AUG2 6LN17 VE2TY ADMINISTRATION,ATTN:JOHN ANDERSON, CITY OF SHAKOPEE, MINNESOTA CITY OF SHAKOPEE FROM: JOSEPH F. ZAK CITIZENS AGAINST STARWOOD AMPHITHEATER DATE: AUGUST 26, 1987 TIME: 3:00 P.M. SUBJ: REQUEST FOR APPEAL OF THE CONDITIONAL USAGE PERMIT GRANTED TO SCOTTLAND CORPORATION FOR THE BUILDING OF STARWOOD AMPHITHEATER, 8/20/87 THE CITIZENS AGAINST STARWOOD AMPHITHEATER (CASA) REPRESENTED BY JOSEPH F. ZAK, WISHES TO FORMALLY APPEAL THE DECISION OF THE SHAKOPEE PLANNING COMMISSION OF AUGUST 20-21, 1987. AS YOU ARE AWARE, THIS WAS THE DECISION TO GRANT TO THE SCOTTLAND CORPORATION, A CONDITIONAL USAGE PERMIT TO BUILD A MINOR COMMERCIAL RECREATIONAL AMPHITHEATER IN AN I2 HEAVY INDUSTRIAL ZONED AREA. WE DO BELIEVE THAT THE ISSUE OF TRAFFIC CONGESTION/HAZARD AS STATED IN CONDITION #9 WAS NOT AT ALL SATISFIED.THE REBUTTAL OF THE CITIZEN'S STUDY WAS WITHOUT MERIT IN DISPROVING THE CLAIMS OF TRAFFIC GLUT. A REWORKING OF THE NUMBERS TO SUPPORT THE SLOT CAR SPEED AND PRECISION DEMANDED OF THE LESSER TURN TIME REQUIRES A SUSPENSION OF BELIEF, SAFETY, AND COMMON SENSE. WE STAND BY AND REAFFIRM THE VALIDITY OF THE CITIZENS TRAFFIC STUDY. THE REAL ESTATE VALUATION WAS OF NO COMFORT OR BELIEVABILITY. COMPARING A BANDSHELL IN THE RICHEST AREA OF THE STATE TO AN OPEN AMPHITHEATER SEATING 17000 PEOPLE IN THE MOST CONGESTED AREA IS NOT A STRONG ARGUMENT FOR PROPERTY COMPARISON AND WOULD NOT HOLD UP IN AN APPRAISAL .EMPLOYEES AND ASSOCIATES OF SCOTTLAND OBVIOUSLY MUST BE DISCOUNTED. THERE ARE OTHER AREAS OF CONTENTION TO INCLUDE A TOUGHENING OF THE CONDITIONS OF THE CONDITIONAL USE PERMIT WHICH WILL BE BROUGHT UP AT THIS APPEAL AND ALL OTHER UPCOMING SESSIONS OR ACTIONS RELATING TO THIS DEVELOPEMENT. WE DEFINITELY APPEAL THIS DECISION AND AWAIT FURTHER AND NECESSARY DELIBERATION. �3 PLEASE KEEP ME INFORMED OF ANY TIMES AND OTHER ACTIVITY RELATED TO THIS ISSUE. THANK YOU. COPIES: EC : MAYOR ELDON REINKE OS H F. CHAIRPERSON JANE VANMELDEGHEM S AKOPEE 445-SS2S /3 ?0: THE PLANNING COMMISSION THE CITY COUNCIL SHAKOPEE, MINNESOTA -ROM: CITIZENS AGAINST STARWOOD AMPHITHEATER (CASA) 3UBJ: THE IMPACT OF STARWOOD AMPHITHEATER IN SHAKOPEE AND ON THE SURROUNDING COMMUNITIES TATE: AUGUST 23, 1987 THE FOLLOWING IS THE WRITTEN RESPONSE TO THE REBUTTAL OF THE TRAFFIC STUDY OF THE CITIZENS AGAINST STARWOOD AMPHITHEATER. THE CRUX OF THE ARGUMENT CENTERED AROUND AN ELAPSED TIME OF 4 SECONDS BEING NECESSARY TO COMPLETE A LEFT TURN SAFELY (THIS WAS AN ASSUMED FIGURE AND WAS STATED AS SUCH) THE REBUTTAL SAID THAT A MORE ACCURATE FIGURE WOULD ALLOW 9 MORE CARS INTO THE TURN. THIS WAS RECALCULATED AND DOES NOT AT ALL CHANGE THE SITUATION INTO ANY FAVORABLE LIGHT FOR THE DEVELOPER.EVEN WITH THE REVISED FIGURES, THE TRAFFIC IS STILL IN GRIDLOCK AND IS,OF COURSE, SUPPORTED BY THE DEVELOPER'S OWN TRAFFIC STUDY NUMBERS. SINCE THE ARGUMENT WOULD DEMAND PERFECT SYNCHRONIZATION, NOT EVEN THE SLIGHTEST BRAKE TAP,TOTAL DISREGARD FOR SAFETY AND SLOT CAR PRECISION AND STILL ENO UP AS AN UNSOLVABLE TRAFFIC PROBLEM, WE HAVE DISMISSED THESE ARGUMENTS AND REMAIN WITH OUR OWN STUDY. THE ORIGINAL TRAFFIC STUDY. AND VIDEOTAPES OF TRAFFIC AND NEW EVIDENCE HAVE BEEN SUBMITTED TO THE METROPOLITAN COUNCIL WITH A REQUEST FOR A FULL ENVIRONMENTAL IMPACT STUDY OF SHAKOPEE AND ALL SURROUNDING AREAS.THE CITIZENS AGAINST STARWOOD AMPHITHEATER FEEL THAT THE CONDITIONAL USE CRITERIA . #9 AGAINST TRAFFIC HAZARD AND CONGESTION REMAINS AN UNRESOLVABLE AND OPEN ISSUE. VERBAL/WRITTEN RESPONSE OF CASA SPOKESMAN , J. ZAK ON AUGUST 20, 1987 AT PUBLIC MEETING ON PROPOSED STARWOOD AMPHITHEATER, SHAKOPEE, MINN. AT THIS TIME IN THIS MEETING, THE DEVELOPER HAS PROBABELY PRESENTED HIS VIEW OF THE TRAFFIC SITUATION THE MAIN POINT OF WHICH WILL 60 LIKE THIS: 1. THIS TRAFFIC STUDY BY THE CITIZENS IS FULL OF MISINFORMATION. IT IS ALL CONJECTURE AND ASSUMPTIONS. TOP REASON WHY THE CITIZENS STUDY IS WRONG: STARWOOD WILL NOT CONFLICT WITH CANTERBURY TRAFFIC, THE RENAISSANCE, VALLEY FAIR, THE BINGO PALACE BECAUSE WE WILL START EARLIER(OR LATER)CANTERBURY WILL START OR END EARLIER (OR LATER) . ALL THE OTHER ENTERTAINMENT WILL START,END ETC ETC. THE FACT- A CONCERT START TIME HAS TO BE ADVERTISED AND SOMEWHERE IN THE COURSE OF THE DAY STARWOOD WILL. HAVE TO DECIDE TO START THE CONCERT BUT PRIOR TO THAT MUST TAKE THE THE MOST CONGESTED AREA OF SCOTT COUNTY (SHAKOPEE) AND BRING IN WELL OVER 6300 CARS AND"SLIP" THEM QUIETLY INTO THE CONFUSION AND MELEE OF THE ENTERTAINMENT CORRIDOR';S PRIME HOURS.THE PHYSICAL LIMITATIONS OF THE THE NORMAL CITIZENS COMMUTING, TRYING TO SHOP OR JUST LIVE IN THIS TOWN IN THE MIDST OF THIS CHAOS. THE IRREFUTABLE PROBLEMS HERE ARE AS FOLLOWS: A. A SET START TIME (TIME LIMITATION) CROWDS MUST BE IN PLACE BEFORE CONCERTS START. B. PEOPLE CANNOT BE CONTROLLED AS TO WHEN THEY ARRIVE. (THE REPUTATION OF SHAKOPEE WOULD INDICATE PROBLEMS SO THERE MAY BE MANY EARLY ARRIVALS) C. LIKE CANTERBURY, THE CROWD DISPERSES ALL AT THE SAME TIME.THE CROWD CANNOT BE CONTROLLED AS TO WHEN THEY LEAVE SHAKOPEE. THE FACT- TRYING TO JUSTIFY THIS PROJECT ON THOSE INCREDIBLY THIN SLIVERS OF TIME WHERE THE TRAFFIC HAS THINNED OUT ENOUGH TO ALLOW" SOME CARS THROUGH IS A TRANSPARENT PLOY.THIS QUITE HONESTLY SOUNDS LIKE THE CONCLUSION WAS ARRIVED AT FIRST AND THE "HOW TO " ARRIVED AT LATER. ALL THIS DOES IS IMPACT THE ALREADY PRESENT HEAVY TRAFFIC AND EXTEND THE "TOTAL" TRAFFIC JAM FOR THE DAY. (MORE HOURS OF TRAFFIC JAM) THE FACT- THE THREE ROUTES ARRIVED AT IN THE STUDY, USED BY BOTH DEVELOPER AND THE CITIZENS GROUP (.BASED ON THE DEVELOPER'S ASSUMPTIONS AND FIGURES) CONCEALS THE OBVIOUS FACT THAT TD JUSTIFY A PROFIT-MAKING ENDEAVOR STARWOOD WILL SPILL THIS TRAFFIC PROBLEM ONTO THE ALREADY CONGESTED AND DANGEROUS STREETS OF SHAKOPEE AND THE SURROUNDING MUNICIPALITIES. IT HAS NOW BECOME A PROBLEM FOR "EVERYONE". THE FACT- CANTERBURY, IN A YEAR OF LOSING MONEY. "FREE ATTENDANCE", AND MOST IMPORTANTLY. DWINDLING ATTENDANCE, WHY WOULD THERE BE A REQUEST FOR (AND THE NEED OF) OPENING OF THE EAGLECREEK GATE ON RT 16^ IS IT TO TAKE THE PRESSURE OFF OF 83 AND THROW IT ONTO EAGLECREEK BLVD? AND ACT A PRESSURE VALVE FOR STARWOOD'S IMMENSE TRAFFIC PROBLEMS? NOTE: (MR. MALKERSON HAS SINCE CALLED THIS A MISTAKE AND THE GATE HAS BEEN SHUT AGAIN) SAFETY VALVES - INCOMING EXAMPLE 1. CARS FROM THE SOUTH WILL TURN LEFT OFF OF 42, S. ON 21 AND LEFT ON RT 16 W. TO JOIN THE JAM UP ON 83 S. EXAMPLE 2. CARS FROM THE SOUTH WILL TURN LEFT OFF OF 42, S. ON 21 AND LEFT THROUGH HORIZON TO RT 16 W TO JOIN THE JAM UP ON 83 S. EXAMPLE 3. CARS WILL GO S. ON 13 AND TURN LEFT ON 16 IN SAVAGE AND 60 THROUGH RESIDENTIAL AREAS TO AVOID THE TRAFFIC. 13 .`HE SIDE STREET (THEY DO NOW) AND ON TO EAGLECREEY.. BLVD dEST TO JOIN THE JAM UP ON 83 S. 2. OR THEY WILL EXTEND THE ALREADY JAMMED UP TRAFFIC ON 1ST ST. EXAMPLE 1. THEY WILL TURN UP 89 TO 16 AND JOIN THE JAM UP ON -ROM 83S. HE -AST 2. OR THEY WILL EXTEND THE ALREADY JAMMED UP TRAFFIC ON 101. :OOCLUSION: THE NEW DEVELOPEMENT WILL EXTEND THE PROBLEMS OF TRAFFIC GENERATED 1Y STARWOOD TO ENCOMPASS THE REST OF THE TOWN, AND THE SURROUNDING 1UNICIPALITIES. (THESE WILL BE A NEW TRAFFIC IMPACT TO THEM) "F THERE ARE ANY HIGHWAY/TRAFFIC IMPROVEMENTS NECESSARY BECAUSE OF THE iPPROVAL OF STARWOOD ,THE DEVELOPER SHOULD BE MADE RESPONSIBLE FOR THE MPROVEMENTS. -:ECOMMENDED: WHETHER THE DEVELOPER REFUTES THE CITIZENS TRAFFIC STUDY OR NOT THERE HAVE BEEN ENOUGH POINTS RAISED TO REQUEST AN ENVIRONMENTAL IMPACT STUDY OR A MORE IN—DEPTH STUDY TO ENCOMPASS THE POINTS RAISED. THERE HAS BEEN AND WILL BE A SIGNIFICANT IMPACT ON THE COMMUNITIES OF EDEN PRAIRIE, SAVAGE, PRIOR LAKE.AND MOST SIGNIFICANTLY ON SHAKOPEE. PLAYING MIND GAMES ABOUT STAGGERED START TIMES, AND OTHER AMUSEMENTS NOT CONFLICTING IS PURE SMOKE AND MIRRORS. THE SUPPORTERS AND NON—SUPPORTERS OF THE CITIZENS GROUP HAVE BEEN AND WILL BE CAUGHT IN TRAFFIC IN SHAKOPEE. THE WORST IS YET TO COME AND CLOSING OUR EYES TO THE REALITY OF OUR "CURRENT" TRAFFIC /WITHOUT STARWOOD/ IS AN ENORMOUS MISTAKE. BEFORE THE BRIDGE AND THE BYPASS, COMES 3-6 SUMMERS RUINED BY TRAFFIC AND OR OTHER PROBLEMS. IS IT REALLY WORTH IT? hSF. Z CITIZENS AGAINST STARWOOD AMPPHITHEATER /3 %**REED"* IMPACT TRAFFIC STUDY STARW00D AMPHITHEATER ***REV8SE0*** V23/87 4-LNGMS&SS-" LIGHT OF THE ATTEMPT TO REFUTE THE ORIGINAL STUDY ON B/20/8'' ONDITIONAL USE MEETING. I HAVE RECALCULATED THE TURNING TIME TO REFLECT A 2 ARS (PER LANE) IN THE FIRST 4 SECONDS, AND 2 CARS EVERY 2.9 SECONDS HEREAFTER TO THE END OF THE LIGHT. HIS ADDS THE EXPECTED 9 ADDITIONAL CARS PER TURN AND DOES VIRTUALLY NOTHING -O RELIEVE THE PROBLEM OF TURNING ON THE LEFT ON VALLEY FAIR/ 63 TO PROPOSED 7TARWOOD DEVELOPEMENT. IF A CAR WERE TO HESITATE AN INSTANT,THE SLIGHTEST RAKE TAP.THE FRAGILITY AND INACCURACY OF THE NUMBERS BECOME OBVIOUS. IT WOULD 'EMAND PERFECT SYNCHRONIZATION. TOTAL DISREGARD FOR SAFETY AND S TCAR 'RErTSION AND 9TI) 11 ENT) IIR AR AW UbLRF 1 E HAVE NOE � DISMISSED THE REBUTTAL AND SUBMIT THIS AS EVIDENCE OF THE FALLACY OF THE -.RGUMENT. WE REMAIN CONFIDENT IN OUR OWN NUMBERS.THE 4 SECOND TURNING PERIOD -.EMAINS AS THE MOST REASONABLE AND COMMON SENSE APPROACH TO THIS PROBLEM. HE INFORMATION USED TO COMPILE TRAFFIC STATISTICS WAS OBTAINED FROM THE SCOTT OUNTY HIGHWAY DEPARTMENT AND MINNESOTA DEPARTMENT OF TRANSPDRTATION.ALL OF HE NECESSARY DATA TO ESTABLISH TRAFFIC PERCENTAGE CRITERIA AND HOUSEHOLD ISTRIBUTION HAS BEEN TAKEN DIRECTLY FROM THE BARTON-ASCHMAN TRAFFIC STUDY N THE DEVELOPERS EAW AND OTHER ASSORTED MATERIALS. "0 FURTHER SIMPLIFY THIS. STUDY WE HAVE INTERPRETED THE TRAFFIC ENGINEERS -iATURATION COUNT AT KEY INTERSECTIONS AND CONVERTED IT TO A SIMPLER AND :ORE EASILY UNDERSTOOD # OF CARS SCENARIO. HE TIME NECESSARY TO TURN AT THESE INTERSECTIONS WAS TAKEN AT PEAK. WEEKEND -RAVEL TIMING (NOONSATURDAY) TO PROVIDE THE FAIREST POSSIBLE TIME FOR ANY :OMPUTEP.IZED TRAFFIC LIGHTS. ALL CASES THE DEVELOPERS MATERIAL WAS USED AS THE LAST WORD. 3SUMPTIONS: 1. THAT THE AVERAGE AUTOMOBILE IS 16 FEET LONG 2. THAT THE AVERAGE NUMBER OF PASSENGERS IN EACH CAR WILL BE 2.7 PEOPLE 3. THAT THE AVERAGE TIME TO TURN ON A LIGHT OR STOP SIGN IS 4 SECONDS PER CAR. IF A CAR WOULD HESITATE AN INSTANT HE FRAGILITY OF THE NUMBERS WOULD APPEAR IMMEDIATELY. THE 4 SECOND PERIOD WAS SED AND REMAINS THE MOST REASONABLE AND COMMON SENSE ASSUMPTION FOR THIS JRNING PROBLEM. TARWOOD 4. THAT THE PEAT: ATTENDANCE ON WEEKDAYS WILL BE 9000 PEOPLE (FROM PAGE 22 OF THE STARWOOD MATERIAL EAW TRIP GENERATION ASSUMPTIONS USED BY DEVELOPERS) THIS WILL GENERATE 33333 CAPS. THAT THE PEAR; ATTENDANCE ON WEEKENDS WILL BE 17000 PEOPLE (FROM PAGE 22 OF STA.RWOOD MATERIAL EAW TRIP GENERATION ASSUMPTIONS USED BY DEVELOPERS) , THIS WILL GENERATE' 6296 CARS. THAT 22-=7 CARS WILL ARRIVE IN THE 7: 00 TO 8:00 P. M. PERIOD (70%)ONWEEKDAYS. THAT PEAK ARRIVAL WILL BE IN THE 7: 00 TO 8:00 P.M. PERIOD . THAT 4407 CAPS WILL ARRIVE IN THE 7:00 TO 8:00 P. M. PERIOD (70&%) ON WEEKENDS. 6. THAT ALL OTHER ARRIVALS WILL COME EARLY IN THE 6: 00 TO 7:00 TIME PERIOD (30% OR 3000 CARS ON WEEKDAYS) THAT ALL OTHER ARRIVALS WILL COME EARLY IN THE 6:00 TO 7: 00 TIME PERIOD (30% OR 1889 CARS ON WEEKENDS. ) 7. THAT THE AVERAGE START TIME AT STARWOOD WILL BE AT 8:00 P.M. ON ALL DAYS. -RACK S. THAT THE AVERAGE ATTENDANCE ON WEEKDAYS AT CANTERBURY DOWNS WILL BE 10700 PEOPLE. (FROM PAGE 25 OF THE STARWOOD MATERIAL EAW) THIS WILL BE 3963 CARS. 9. THAT CANTERBURY WILL DEPART AT 7: 30 TO 8:30 P. M. -YFAIR 10. THAT VALLEYFAIR TRAFFIC AT THIS TIME WILL BE TAKEN FROM THE SCOTT COUNTY FIGURES. (ASSUME AVERAGE DAILY ATTENDANCE OF 5000 PEOPLE (1850 CARS) SKEWED TO LEAVE FROM 9:00 TO 12:00 (ASSUME 70% LEAVE IN THESE HOURS) MURPHY' S LDG WILL BE ASSUMED TO BE IN THE SCOTT COUNTY TRAFFIC FIGURES. AYS: THE ARRIVAL OF 1000 CARS IN THE .EARLY ARRIVAL TIME. (SEE Y5) WILL BEGIN IN THE 6:00 P. M. PERIOD TO 7: 00 P. M. THE RACETRACK DEPARTS BETWEEN 7:30 AND 8: 30 P. M. IN USING THE WORST CASE SCENARIO AS USED BY THE DEVELOPER EAW. THE EARLY ARRIVALS WILL COME IN ON THE BACK END OF THE COMMUTER RUSH OR AT LEAST BE DELAYED BY IT. TO 83 BASED ON THE BARTON-ASCHMAN HOUSEHOLD DISTRIBUTION OF THESE FIRST ARRIVAL VEHICLES APPROXIMATELY 29% (290 CARS) WILL BE GOING W. ON RT 42 FROM SAVAGE JOINING ONLY 10 CARS FROM PRIOR LAKES AND THEN PROCEEDING UP 83 TO STARWOOD. THE TRAFFIC COUNT ON CR 42 AT THIS TIME AVERAGES 495 CARS BETWEEN 6:00 AND 7:00 FER WEEKDAY ACCORDING TO SCOTT CTY HIGHWAY FIGURES. SO THE ADDITIONAL 290 CARS WILL ADD A MINIMAL IMPACT TO THIS AMOUNT (NOW 785) CARS. WE ASSUME THIS IS BURNSVILLE OR LAKEVILLE TRAFFIC SINCE THE 29% ON TH101 IS COMING OUT OF 35 W. AND IS PROBABELY MINNEAPOLIS -AND EAGAN TRAFFIC AND IS FIGURED IN THE TOTALS FOR TH 101 W. THE LIGHT IN PRIOR LAKE 42!13 AVERAGES 1 :30 MINUTES OF RED. AND APPROXIMATELY 20 SECONDS OF GREEN. ASSUMING A LIBERAL CAR PER SECOND (20 CARS) WILL GET THROUGH ON THE LIGHT AND WAIT FOR 1: 30 MINUTES FOR THE RED IT WILL TAKE APPROXIMATELY 39 GREEN LIGHTS TO RELEASE ALL CARS HEADING FOR STARWDOD. ALSO THE WAIT TIME FOR 39 RED LIGHTS WILL BE AN ADDITIONAL 51 MINUTES PLUS 13 MINUTES FOR THE GREEN LIGHTS. WE CAN SAFELY ASSUME THAT IT WILL TAKE MOST OF THIS TIME TO TRAVERSE THE AREA TO GET TO THE CR83 TURNOFF AT 3 H 101 & 169E BASED ON THE BARTON ASCHMAN STUDY OF HOUSEHOLD DISTRIBUTION OF THESE FIRST ARRIVAL VEHICLES, THERE WILL BE APPROXIMATELY 240 VEHICLES HEADING EAST ON 101 TO STARWOOD. THESE VEHICLES WILL JOIN THE NORMAL TRAFFIC FLOW OF 1336 CARS AVERAGE AT THIS TIME. BASED ON THE RIGHT TURN RATE OF I CAR EVERY 4 SECONDS THIS GROUP SHOULD BE CLEAR OF 101 IN ABOUT 20 MINUTES UNLESS THERE IS OTHER OF THE TRAFFIC (1336 CARS) ALSO TURNING. BASED ON THE DEVELOPERS STUDY AND BARTON ASCHMAN APPROXIMATELY 30% OF THE TRAFFIC WILL BE TURNING UP 83 HEADING SOUTH. THIS SEEMS HIGH SO WE WILL ASSUME THAT ONLY 20% OF THIS TRAFFIC WILL TURN ON THIS ROAD HEADING SOUTH TO OR 42. (267 CARS WILL MAKE THIS TURN) AT 4 SECONDS PER TURN, THIS WILL TAKE AN ADDITIONAL 18 MINUTES.THERE ARE NO STOP SIGNS UNTIL CR42 AND LITTLE TRAFFIC EXCEPT SOME RESIDUAL TRAFFIC FROM RT 16. OR TRAFFIC TURNING SOUTH FROM THE RACETRACK WHICH COULD SLOW THIS DOWN AND IMPEDE THE LEFT TURN TO 13TH AVE. —1 101 WEST BASED ON THE BARTON ASCHMAN STUDY OF HOUSEHOLD DISTRIBUTION OF THESE FIRST ARRIVAL VEHICLES,THERE WILL BE APPROXIMATELY 460 VEHICLES HEADING WEST ON 101 TO STARWOOD. THESE VEHICLES WILL JOIN THE NORMAL TRAFFIC FLOW OF 841 VEHICLES HEADING W.ON 101 .THIS WILL TOTAL 1341 VEHICLES. IF 10 % OF THIS NORMAL TRAFFIC DECIDES TO TURN ON THE LEFT TO VALLEY PARE: DRIVE (B4) CARS AND THE 460 VEHICLES GOING TO STARWOOD. THIS LIGHT (LEFT ON GREEN) TAKES 40 SECONDS. ASSUME 2 CARS *XREVISEUYXak EVERY 4 SECONDS, ALL ADDITIONAL CARS AT 2 EVERY 2. 9 SECONDS, IT WOULD TAKE APPROXIMATELY 19 GREEN LIGHTS TO PHYSICALLY MOVE THE TRAFFIC ONTO VALLEY PARK DRIVE (AN ELAPSED TIME OF 12.5 MINUTES TO PHYSICALLY TURN) THE ADDITION OF THE i MINUTE AND 35 SECOND WAIT PERIOD FOR EACH RED LIGHT WOULD ADD AN RDDIT T ONAL 43 MINUTES TO THE ELAPSED TTME AT THIS LIGHT (APPROXIMATELY 55.5 MINUTES OF ELAPSED TIME TO CLEAR THIS TRAFFIC) THIS IS UNREASONABLE SO SOME OF THIS TRAFFIC. MAY MOVE ON TO 83 AND TURN LEFT THERE. ASSUME 507. OF THESE VEHICLES (272) 60 ON DOWN TO THE NEXT LIGHT AND TURN LEFT AND THE TIMING OF THE LIGHT IS THE SAME THIS WOULD CUT IT DOWN TO ABOUT 2, .75 MINUTES OF ELAPSED TIME AT EACH LIGHT. -HER SINCE THESE ARE THE EARLY ARRIVALS AND ARE ON THE BACK END OF THE 'MMUTER TRAFFIC AND RIGHT BEFORE CANTERBURY LETS OUT. SHOULD THERE BE ANY IRIATION IN THE SCHEDULING THESE VEHICLES COULD COME INTO THIS AREA AND MAY NFLICT WITH THE CANTERBURY TRAFFIC OR BE AFFECTED BY VALLEYFAIROR OTHER MMUTER ACTIVITY. E BLOOMINGTON FERRY BRIDGE TRAFFIC IN THE 6:00 TO 7:00 TIME PERIOD HANDLES PROXIMATELY 1051 CARS AND THIS MAY DELAY SOME OF THE TRAFFIC COMING IN. IS MAY NECESSITATE OTHER ADJUSTMENTS TO GET THESE PATRONS IN. CORDING TO THE CHICAGO AND NORTHWESTERN RAILROAD, THERE ARE NO SET SCHEDULES TRAIN SWITCHING OR PREDICTABILITY FOR TRAINS PASSING THROUGH AS THEY WORE: �4 HOUR PER DAY SCHEDULE. ANY TRAIN PASSING THROUGH WILL HOLD UP ANY LEFT SNS ONTO VALLEY PARK DRIVE OR 83 AND PUSH THESE DELAY TIMES UP CONSIDERABLY. U • . WILL BEGIN AT 7:00 P. M. AND CEASE AT 8:00 P. M. WHEN ALL BUT A FEW PEOPLE WILL HAVE NOT YET ARRIVED. IN USING THE WORST CASE SCENARIO OF THE DEVELOPER EAW AND THE PARTON ASCHMAN STUDY, THE PEAT: ARRIVALS WILL COME IN AS THE INITIAL RUSH OF CANTERBURY TRAFFIC IS LETTING OUT. TO 63 BASED ON THE BARTON-ASCHMAN HOUSEHOLD DISTRIBUTION OF THESE PEAK ARRIVAL VEHICLES APPROXIMATELY 2V%(677 CARS) WILL BE GOING W ON RT 42 FROM SAVAGE JOINING ONLY 23. CAPS FROM PRIOR LAKE AND THEN PROCEEDING UP 83 TO STARWOOD. THE TRAFFIC COUNT ON CR 42 AT THIS TIME AVERAGES 441 CARS BETWEEN 7:00 AND 8: 00 PER WEEKDAY ACCORDING TO SCOTT CTY HIGHWAY FIGURES. SO THE ADDITIONAL 677 CARS WILL ADD UP TO 1118 CARS. WE ASSUME THIS IS BURNSVILLE OR LAKEVILLE TRAFFIC SINCE THE 29% ON TH101 IS COMING OUT OF 35W AND IS PROBABELY MINNEAPOLIS AND EAGAN TRAFFIC AND IS FIGURED IN THE TOTALS FOR TH101 W. THE LIGHT IN PRIOR LAKE 42/13 AVERAGES 1:30 MINUTES OF RED AND APPROXIMATELY 20 SECONDS OF GREEN DURING RUSH HOUR. ASSUMING A LIBERAL CAR PER SECOND(20 CARS) WILL GET THROUGH ON THE LIGHT AND WAIT FOR 1:30 MINUTES FOR THE RED IT WILL TAKE APPROXIMATELY 56 GREEN LIGHTS TO REL-EASE ALL CARS HEADING FOR STARWOOD. ALSO ,THE WAIT TIME FOR 56 RED LIGHTS WILL BE AN ADDITIONAL 7-- MINUTES PLUS 1B. 6 MINUTES FOR THE GREEN LIGHTS. WE CAN SAFELY ASSUME THAT IT WILL TAKE MOST OF THIS TIME TO TRAVERSE THE AREA TO GET TO THE CRSS TURNOFF AT PRIOR LAKE N. ON 63 TO STARWOOD. THE 23 CARS FROM PRIOR LAKE SHOULD NOT ANTICIPATE ANY DELAY OR PROBLEMS. OUR STUDY DID NOT PERMIT ANY DEVIATION TO THE N. TO 101 AND THEN LEFT TO VALLEY PARE: DRIVE SO AS NOT TO TAINT THE BARTON-ASCHMAN NUMBERS. THE ARRIVAL OF THESE VEHICLES AT THE STARWOOD FACILITY SHOULD BE IN THE MIDST OF OR PRIOR TO THE LETTING OUT OF CANTERBURY. THESE CARS COULD BE HELD UP AT THE RIGHT TURN TO 12TH AVENUE. SINCE THE CANTERBURY TRAFFIC. HAS THE RIGHT OF WAY. IT MAY DELAY THE INCOMING STARWOOD TRAFFIC FROM THE RIGHT TURN . AS THIS IS LIKELY TO BE 1116 CARS (NOT ALL AT THE SAME TIME,OF COURSE! ) BUT IT WOULD BE A SIGNIFICANT AMOUNT ENOUGH TO BACK UP 1/2 MILE TO 16 IF ONLY 165 CARS HAD TO WAIT TO MAKE THE TURN. THE NEARER TO CONCERT TIME(8:00) THE MORE LIKELIHOOD OF THIS PROBLEM. AS TRAFFIC FROM CANTERBURY WILL BEGIN BACKING UP AS BASED ON THE BARTON-ASCHMAN STUDY OF HOUSEHOLDS AND THE AVERAGE CANTERBURY TRAFFIC HEADING TO A RIGHT TURN ONTO 101 E. WOULD NUMBER 1623 VEHICLES. SINCE 12TH STREET FROM THE CANTERBURY ENTRANCE TO THE TH101 E. RIGHT TURN IS ABOUT 2.5 MILES THE CANTERBURY TRAFFIC COWERS 2.76 MILES (2 LANES) TO THE EXIT (A RIGHT TURN INTO TRAFFIC EVERY 4 SECONDS UTILIZING BOTH LANES/ RIGHT ON RED AND NORMAL RED LIGHT) ONTO TH101 WOULD -EMPTY OUT THE LANES IN LESS THAN 1 HOUR. BUT THIS TRAFFIC WOULD HAVE TO MERGE INTO THE NORMAL TRAFFIC FLOW COMING FROM TH101 EASTBOUND WHICH IS 1043 CARS. ALSO WOULD HAVE TO CONTEND WITH THE TRAFFIC COMING WESTBOUND AND TURNING LEFT ONTO VALLEY PARK DRIVE. (AT THE RATE C.= ? C,RS EVERT' 4 SECONDS (SEE TH' 01 W PARAGRAPH NEXT .un /3 OTHER LANES TO PUT 4 LANES OF TRAFFIC ONTO 12TH AVENUE TO SPEED UP THE EGRESS OF CANTERBURY TRAFFIC.ALSO THE SINGLE RIGHT TURN ON RED AND SPECIAL UTILIZATION OF THE RED LIGHT KEEPS THIS A 2 CAR EVERY 4 SECONDS SITUATION. THE TRAFFIC EGRESS FROM RT 87 COULD CAUSE SOME PROBLEMS ALSO IN THIS AREA. H101 & 169E BASED ON THE BARTON ASCHMAN STUDY OF HOUSEHOLD DISTRIBUTION OF THESE PEAK ARRIVAL VEHICLES, THERE WILL BE APPROXIMATELY 29% OR 560 CARS GOING E. ON TH101 &169 E. TO STARWOOD.THESE VEHICLES WILL JOIN THE NORMAL 1047 CARS OF THE NORMAL TRAFFIC PATTERN. TURNING RIGHT ON ROUTE 8.3 TO STARWOOD.ASSUME ABOUT 20% OF THIS TRAFFIC WILL WANT TO TURN RIGHT (209 CARS) AND THE 560 AUTOS HEADING TO STARWOOD A RIGHT TURN ONTO 23 AT 1 CAR EVERY 4 SECONDS WILL SHOULD TIE UP THIS AREA FOR 51 MINUTES. PEOPLE WILL DISCOVER OTHER WAYS IN,OF COURSE,MAINLY THROUGH THE TOWN AND RT 16. IN ANY EVENT THIS TRAFFIC WILL ENCOUNTER CANTERBURY TRAFFIC GOING DIRECTLY INTO 12TH STREET AND WILL HAVE TO WAIT TO TURN LEFT, ANY TRAFFIC TAKING ANOTHER ROUTE ( 16^) WILL ENCOUNTER THE GROUP FROM RT 42 AND WAIT IN THAT LINE FOR A RIGHT TURN. H 101 WEST BASED ON THE BARTON ASCHMAN STUDY OF HOUSEHOLD DISTRIBUTION OF THESE PEAK ARRIVAL VEHICLES,THERE WILL BE APPROXIMATELY 46% OR 1073 VEHICLES HEADING W. ON TH101 &169 TO STARWOOD. THESE VEHICLES WILL JOIN THE NORMAL AVERAGE TRAFFIC FLOW OF 657 CARS COMING W. ON 101. THIS WILL TOTAL 1930 VEHICLES,THE MAJORITY OF WHICH ARE STARWOOD TRAFFIC. IF 10% OF THIS NORMAL TRAFFICDECIDESTO TURN LEFT ON VALLEY PARK (85 CARS) AND THE 1073 VEHICLES GOING TO STARWOOD, WE WOULD HAVE 1156 VEHICLES TRYING TO TURN LEFT. NOW THEY WON'T ALL - ------------ARRIVE AT THE SAME TIME BUT THE LEFT TURN LIGHT TAKES k#REVISED***= 40 SECONDS.ASSUME THE FIRST 2 AUTOS TURN IN 4 SECONDS, AND ALL ADDITIONAL AUTOS AT 2.9 SECONDS APPROXIMATELY 29 CARS WILL CLEAR THE LIGHT EACH TIME. / IF ABSOLUTELY EVERY CAR TURNS PERFECTLY WITH THE SPEED AND PRECISION OF A SLOT CAR. IT WOULD NOW TAKE . . . . . . . 40 LIGHTS (OR 27 MINUTES OF THE HOUR) TO CLEAR ALL OF THIS TRAFFIC THROUGH ONTO 'VALLEY. WAITING FOR THE RED LIGHT WILL ADD 1:35 MINUTES WAIT TIME PER GREEN ARROW TO EITHER TURN. (AN ADDITIONAL 1.5 HOURS OF WAIT TIME) TO CLEAR THIS TURN. UNLESS THE EAST BOUND TRAFFIC IS HALTED (634 CARS OF NORMAL TRAFFIC) THERE WILLBENO WAY TO MOVE THIS TRAFFIC INTO STARWOOD( UNLESS IT STARTS EARLIER) BUT THEN YOU HAVE THE COMMUTER TRAFFIC. (SEE EARLIER ACTIVITIES IN NON-PEAK TIME) THIS IS UNREASONABLE, SO SOME OF THIS TRAFFIC MAY MOVE DOWN 101 AND .DOWN TO THE NEXT LIGHT AND TURN LEFT. SINCE THE TIMING OF THE LIGHT ON 83 IS THE SAME , THE 579 CARS WILL TURN LEFT IN THE TIME OF 17.3 MINUTES ON EACH LIGHT. HOWEVER THE LIGHT ITSELF TAKES 1 MINUTE AND 35 SECONDS SO THIS WOULD ALSO HAVE TO BE AN ADDITIONAL 45 MINUTES OF WAIT TIME.THIS WOULD ALSO BE UNREASONABLE AS A TRAFFIC SOLUTION. IT IS UNLIKELY THAT THIS TRAFFIC WILL BE ABLE TO TURN AS 'RAPIDLY BECAUSE OF THE OUTGOING CANTERBURY TRAFFIC TURNING RIGHT AND LEFT AT BOTH OF THESE LIGHTS. RENAISSANCE FESTIVAL W. OF TOWN. CONSIDERATIONS FOR THE WEEKEND. WE HAVE BEEN TOLD THAT CROWDS OF 17000 PEOPLE WOULD OCCUR ONLY 4 TIMES PER YEAR BUT THE TRAFFIC STUDY DID NOT SPECIFY ANY SPECIFIC WEEKENDS. SO USING THE BARTON ASCHMAN STUDY, AND THE FEELING THAT WE DO NOT WANT LESSER CROWDS LIKE CANTERBURY DOWNS IS EXPERIENCING, WE ASSUMED THAT THE WORST CASE SCENARIO WOULD APPLY BECAUSE THERE ARE NO GUARANTEES THAT A NEIL DIAMOND OR KENNY LOGGINS WOULD WANT TO BE RESTRICTED TO A CERTAIN DAY OF THE WEEK,.WE HAVE ASSUMED THAT STARWOOD WOULD WANT TO RUN TO CAPACITY AS GOOD BUSINESSMEN WOULD. IF THIS IS WRONG THEN FIGURE IT WITH THE 9000 WEEKDAY CROWD AND SEE IF IT GETS ANY BETTER. SSANCE WEEKENDS ONLY FROM AUG 15 THRU SEPTEMBER 27 (9:00 A.M. TO 7:00 P. M. ) 7 WEEK.ENDSat 300,000 visitors. .(Shakopee valley news) 15 DAYS OF SATURDAY, SUNDAYS, AND LABOR DAY. ASSUME 20, 000 VISITORS DAILY DIVIDED BY 2.7 PEOPLE PER CAR IS AN ADDITIONAL 7407 CARS PER WEEKEND DAY SKEWED TO LEAVE FROM 5: 00 P. M. TO 7: 00 P. M. (ASSUME 50% LEAVE IN THE 6: 00 TO 7:00 P.M. PERIOD.NEAR QUITTING TIME)ACCORDING TO THE BARTON ASCHMAN HOUSEHOLD DISTRIBUTION . WE CAN ASSUME THAT 5% OR 185 CARS HEAD N. ON 41 AND 19% OR 704 CARS HEAD N. ON HWY 101/169 THE REMAINING CARS (2815) HEAD E. ON 101. FROM THIS 17% OR (479) CARS HEAD ON TO THE BLOOMINGTONFERRYBRIDGE AND 29% (Bib) CARS HEAD ON 101E TO 3-5 W ETC. THE REMAINDER OF THE CARS (1520) ARE HEADING TO RT 42 VIA 17 AND CR S' OR VALLEY VIEW DRIVE. ASSUME 30% KNOW THE WAY OR ARE FROM SHAKOPEE AND WE LOSE ANOTHER (456) CARS /CAN'T GET MORE LIBERAL THAN THIS/ WE HAVE 1064 CARS WITH A DESIRE TO TURN RIGHT ON VALLEY DRIVE.AT I CAR PER 4 SECOND PERIOD ON A RIGHT TURN WITH RED THIS WOULD TAKE AN ELAPSED TIME OF 71 MINUTES.THIS WILL CONFLICT WITH THE STARWOOD TRAFFIC COMING IN FOR THE CONCERT EARLY AND LATE. (AT 9000 THIS WOULD BE AN ADDITIONAL 800 CARS WITH THE NEED TO TURN RIGHT ON VALLEY DRIVE OR AN ADDITIONAL 53 MINUTES OF ELAPSED TIME TO MAKE THE TURN. DEPENDING ON THE RACE TRACK TIME, THESE PEOPLE COULD CONFLICT WITH CANTERBURY TRAFFIC OR IF THEY WENT UP 16 AND BACK: ONTO 83 N. THEY WOULD MEET WITH THE 1000 CARS ENTERING S.FROM 42. IF THEY TRAVEL E. ON 101 THEY WOULD THEN ENCOUNTER THE NORMAL WEEKEND TRAFFIC OF RESIDENTS, VALLEY FAIR, ETC. '1DS: ASSUME THAT STARWOOD CONCERT ON A WEEKEND WITH 17000 ATTENDEES (CAPACITY CROWD) HEADING TOWARD SHAKOPEE IN THE 6: 00 TO 8:00 P.M. PERIOD WILL BE 6296 VEHICLES DISTRIBUTED THUSLY: 1889 COMING UP CR 83 N. TO STARWOOD FROM RT 42 OF THESE VEHICLES 567 WILL ARRIVE IN THE 6:00 - 7: 00 PM. TIME PERIOD. OF THE REMAINING VEHICLES, 1322 WILL ARRIVE IN THE PEAK: ' ARRIVAL TIME OF 7:00 TO 8:00 P.M. VALLEY FAIR, ETC. THIS WOULD MAKE IT A BIT SLOWER TO CLEAR. 2896 COMING UP TH101 W. TO STARWOOD OF THESE VEHICLE 869 WILL ARRIVE IN THE 6: 00 - 7:00 PM. TIME PERIOD. OF THE REMAINING VEHICLES, 2027 WILL ARRIVE IN THE PEAK ARRIVAL TIME OF 7: 00 TO B:00 P.M. t THE FIGURES OF NORMAL TRAFFIC WERE NOT AVAILABLE BUT THEY WOULD HAVE TO BE ADDED IN TO THESE NUMBERS PLUS VALLEY FAIR, ETC. THIS WOULD MAKE IT A BIT SLOWER TO CLEAR. 1511 COMING UP TH101 E TO STARWOOD OF THESE VEHICLES 453 WILL ARRIVE IN THE 6:00 - 7:00 PM. TIME PERIOD. OF THE REMAINING VEHICLES. 1058 WILL ARRIVE IN. THE PEAK ARRIVAL TIME OF 7:00 TO 8: 00 P.M. i THE FIGURES OF NORMAL TRAFFIC WERE NOT AVAILABLE BUT THEY WOULD HAVE TO BE ADDED IN TO THESE NUMBERS PLUS VALLEY FAIR, ETC. THIS WOULD MAKE IT A BIT SLOWER TO CLEAR. 42 TO 83 THE 567 VEHICLES COMING N. FROM 42 IN THE EARLY TIME WILL HAVE TO CONTEND WITH THE SHAKOPEE RESIDENTIAL TRAFFIC, VALLEYFAIR, MURPHYS LANDING ETC. BUT MAY OR MAY NOT HAVE TO TURN RIGHT AGAINST THE OUTGOING TRAFFIC. PROBABELY LESS OF A PROBLEM THAN THE LARGER CROWD COMING AT 7:00 - 1 8: 00. 1322 CARS WILL DEFINITELY CONTEND WITH THE RACETRACK LETTING OUT AND A GREATPORTION OF RENAISSANCE TRAFFIC. BUT IN THIS PERIOD DESPITE THE ACTIVITY 1889 CAPS WILL HAVE TO MAKE THE RIGHT TURN ONTO 12TH AVENUE AND ONTO THE STARWOOD GROUNDS.DURING THE RACE TRACK DEPARTURE THIS WILL BACK UP TRAFFIC MILES UP 42. ALSO THE RENAISSANCE TRAFFIC TURNING RIGHT ON 8Z AND HEADING SOUTH TO 42 WILL BE HELD UP WHILE THE TRAFFIC MOVES OUT OF CANTERBURY. THE REMAINING VEHICLES COMING N. FROM 42 IN THE PEAK ARRIVAL GROUP WILL QUEUE IN LINE FOR A RIGHT TURN ONTO 12TH AVENUE. 1101 & 169 E. THE 458 VEHICLES COMING E. ON 101 FROM THE W. IN THE EARLY TIME WILL HAVE TO CONTEND WITH THE SHAKOPEE RESIDENTIAL TRAFFIC, VALLEYFAIR, MURPHYS LANDING ETC. AND THE 1064 CARS TURNING ONTO RT 83 FROM 101. THE ELAPSED TIME FOR ALL OF THESE TURNS AT i PER 4 SECOND PERIOD IS 1.7 HOURS SO SOME OF THIS TRAFFIC MAY FIND AN ALTERNATE ROUTE. tWE ALREADY PUT 30% AWAY BECAUSE OF THE LOCAL AND KNOWLEDGEABLE DRIVER. THESE VEHICLES GOING 6.63 TO 42 WILL CONTEND WITH ONLY THE MINOR. PORTION OF CANTERBURY TRAFFIC. HOWEVER THE LARGER CROWD COMING AT THE PEAK. ARRIVAL TIME 1058 CARS WILL DEFINITELY CONTEND WITH RACETRACK LETTING OUT AND A GREAT PORTION OF 8 ' WILL HAVE TO MAKE THE RIGHT TURN ONTO VALLEY.THE ELAPSED TIME FOR THESE TURNS ALONE AT 1 PER 4 SECONDS IS ABOUT 70 MINUTES OR 1. 18 HOURS. (000LD BE MORE BASED ON UNCOUNTED NORMAL TRAFFIC. SINCE CANTERBURY WILL BE LETTING OUT, THESE CARS MAY BE DELAYED EVEN MORE AS THE 3963 CARS LEAVE ON TO 12TH AVENUE THE LEFT TURN NECESSARY TO GET ONTO 12TH AVENUE AND INTO STARWOOD WOULD BEGIN BACKING UP. WEST THE 869 VEHICLES COMING W. ON 101 IN THE EARLY TIME WILL HAVE TO CONTEND WITH SHAKOPEE RESIDENTIAL TRAFFIC, VALLEYFAIR, MURPHYS LANDING, ETC. AND THE EASTBOUND TRAFFIC FROM RENAISSANCE. TURNING LEFT AGAINST THE LIGHT WITH THE LARGE FLOW OF TRAFFIC FROM RENAISSANCE (2815) CAPS WOULD TAKE SOME TIME. THIS LIGHT (LEFT ON GREEN ARROW) TAKES :VTSED*u 40 SECONDS.ASSUME THE FIRST 2 VEHICLES MAKE THE TURN IN 4 SECONDS AND THE FOLLOWING CARS IN 2.9 SECONDS EACH IT WOULD NOW TAKE. . . . . . APPROXIMATELY 20 MINUTES OF ELAPSED TIME TO TURN LEFT ONTO VALLEY DRIVE PLUS THE RED LIGHTS AT 1.5 MINUTES PER STOP. THIS INTERSECTION WOULD NOT CLEAR IN TIME TORELIEVETHE ADDITIONAL 2027 VEHICLES COMING AT 7: 00 TO 8:00 WHICH WILL TAKE UP BEHIND THEM THE EARLY TRAFFIC. IF BOTH LEFT TURNS WERE UTILIZED THEN THE DELAY WOULD BE APPROXIMATELY 32 MINUTES OF ELAPSED TIME PER LIGHT. (VALLEY PARK AND 83) ADDITIONALLY THIS TRAFFIC WOULD ALSO INTERSECT WITH THE OUTGOING CANTERBURY TRAFFIC . THIS TRAFFIC WOULD CAUSE PROBLEMS WITH THE EASTBOUND RENAISSANCE TRAFFIC BUT NOT - IMPEDE THE TURN. THE 2027 VEHICLES COMING AS A RESULT OF THE BARTON-ASCHMAN STUDY WILL TAKE 46.6 MINUTES ELAPSED TIME JUST TO PHYSICALLY MAKE THE TURN ON THE LEFT. UTILIZING BOTH THE VALLEY PARK AND 83 TURN WOULD REDUCE THE PHYSICAL TIME FOR EACH LIGHT TO OVER 27.3 MINUTES OF ELAPSED TIME PER GREEN LIGHT WITHOUT INCLUDING ELAPSED TIME OF THE RED LIGHTS (1.36 HOURS PER LIGHT TO MAKE THESE TURNS FEASIBLE WITHOUT DISTURBING ALL OTHER TRAFFIC AND GOING AGAINST CANTERBURY OUTGOING TRAFFIC. BOTH LEFT TURNS WOULD BE UNABLE TO HANDLE THE TRAFFIC' ' BOTH LEFT TURNS AT 50% OF THE TRAFFIC WOULD BE TIED UP BEYOND AN HOUR EACH' ' THIS WOULD BE A TRAFFIC GRIDLOCK. DO NOT SEE THIS AS AN EASY THING TO SOLVE. THIS IS EVEN A PROBLEM DURING THE WEEKDAYS. NG THE IT IS ASSUMED THAT THE THEATER WILL START AT 8:00 AND LEAVE THEATER ABOUT 11:00 TO 12:00 THERE ARE TWO EXITS PROPOSED FOR THE PROPOSED STARWCOD THEATER. BOTH ARE DOUBLE LANES AND EXIT OUT ONTO 12TH AVENUE VALLEY DRIVE RESPPECTIVELY. /3 AT THE END OF 12TH AVE. IT IS APPROXIMATELY . 6 MILES TO THIS STOP SIGN FROM THE 12TH AVE. EXIT. IT IS AN ADDITIONAL MILE TO THE LIGHT AT 101. AT THE STOP SIGN, 30% OR 1889 CARS WILL HEAD SOUTH TO RT 42 AND POINTS SOUTH. (ALL AT THE SAME TIME) AT THE STOP SIGN. 24 % OR 1511 CAPS WILL BE WAVED ON TO THE LIGHT FOR THE LEFT TURN TO HIGHWAY 101/169 AND POINTS WEST. IF 30% OF THESE CARS KNOW A SHORT CUT THEN ONLY 1058 CARS WILL NEED TO TURN LEFT AND ONTO 101 OR FIRST AVENUE IN SHAKOPEE. IT IS 1. 6 MILES TO THE LIGHT FROM THE 12TH AVENUE EXIT. IF ALL THE TRAFFIC IS ABLE TO MAKE IT TO THE STOP SIGN AND TURN RIGHT AND CONTINUE ON TO THE LIGHT, THERE WILL BE A SOLID BLOCK. OF TRAFFIC BACKED UP TO THE EXIT OF STARWOOD. THIS TRAFFIC WILL BE A DOUBLE LINE OF 1. 6 MILES IN LENGTH. THE LIGHT WILL PERMIT APPROXIMATELY 20 CARS TO THE LEFT EACH GREEN LIGHT SO IT WILL TAKE 52. 9 LIGHTS TO PASS THROUGH THIS TRAFFIC.OR 1.5 MINUTES PER LIGHT AND 20 SECONDS PER GREEN. APPROXIMATELY 1 HOUR OR MORE TO CLEAR THE TRAFFIC. IF TRAFFIC IS RUSHED THROUGH ONTO 101 W. THESE 'VEHICLES WILL THEN JAM UP IN TOWN AT THE FIRST LIGHT AT THE FORD DEALERSHIP.THIS COULD WIND UP AS TWO LANES OF 1.6 MILES OF TRAFFIC PASSING THROUGH DOWNTOWN AT 11:00 TO 12: 00 AT NIGHT. IT IS . 5 MILES TO THE LIGHT AT VALLEY PARK DRIVE AND 101. IF ALL TRAFFIC IS ABLE TO MAKE IT OUT TO THE LIGHT AND BEGIN THE RIGHT ON RED SCENARIO AT 2 CARS EVERY 4 SECONDS. (REMEMBER VALLEY FAIR TRAFFIC ETC. ) SINCE THERE WILL BE 46% OR 2896 CARS LEAVING FROM THIS EXIT (DOUBLE LANE) . WITH ONLY .5 MILES TO THE LIGHT, A DOUBLE LANE WILL HOLD 165 CARS IN THE LANE (AND 165 CARS IN THE SECOND LANE) THE ADDITIONAL 2566 CARS WILL REMAIN ON THE GROUNDS AWAITING EGRESS OUT OF THE STARWOOD COMPLEX. AS THE TWO LANES EGRESS WE CAN ASSUME THAT IT WILL PERMIT 2 CARS EVERY 4 SECONDS TO EMPTY OUT (ON TWO LANES) ONTO 101 AND HEAD EAST. (VALLEY FAIR GETS OUT ABOUT THIS TIME AND THERE COULD BE SOME CONFLICT AND SLOWDOWN) IT WILL TAKE AT THE VERY LEAST. AN HOUR /2896 VEHICLES INTO 2 RIGHT TURN LANES AT 4 SECONDS PER TURN EQUALS 96 MINUTES IF ALL OTHER 101 EASTBOUND TRAFFIC IS HALTED TO LET THESE VEHICLES THROUGH. ) MOVING THIS VALLEY PARK. DRIVE TRAFFIC IN THE OTHER DIRECTION TO TURN OFF OF 63 ONTO 101 E. WOULD CAUSE MORE PROBLEMS AS IT ADDS TO THE RT E3 DRIVE TRAFFIC LEAVING . THE PROBLEM IS OBVIOUSLY CAUSED BY THE SHORT DISTANCE TO THE LIGHT- FROM THE VALLEY PARK: DRIVE EXIT. OTHER: THE TRAIN COULD MEASUREABLY SLOW DOWN THE EGRESS OF TRAFFIC ONTO 101 E. ANY BROKEN DOWN VEHICLES OR ACCIDENTS WOULD LENGTHEN THESE NUMBERS AND STRETCH OUT THE TOTAL DISBURSEMENT OF ALL TRAFFIC. THE 1511 VEHICLES HEADING INTO TOWN AROUND MIDNIGHT WILL PROBABLY CAUSE A DELAY IN THE LATE TRAFFIC COMBINED WITH VALLEY FAIR CLOSING FOR THE NIGHTANDTHE NORMAL RESIDENTIAL TRAFFIC. THE % 7 SCOTTLAND COMPANIES Rcc�tivE'� p,UG 2 71961 August 27, 1987vixyOPEE oil OF 3 Judy Cox City Clerk City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 RE: Starwood Music Center Dear Ms. Cox, I understand that an appeal has been filed by some person(s) who opposes the issuance of a conditional use permit for the Starwood Music Center. In order to preserve the rights of the applicant to discuss the appropriateness of some of the conditions adopted by the planning commission, the applicant appeals the action by the Planning Commission pursuant to Section 11.04 of the Zoning code. Very truly yours, Bruce D. Malkerson Executive Vice President and General Counsel THE SCOTTLAND COMPANIES BDM:jhl cc: John Anderson Dennis Kraft Doug wise P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 (612)445-3242 DAVE DURENBERGER ? MINNESOTA RECEIVED 'Nnifeb -siafez .Mena£¢ AUG WASHINGTON, D.C. 20510 1 71987 August lo, 1987 CITY OF SHAKOPEE John K. Anderson City Administrator 129 East First Avenue Shakopee , Minnesota 55379 Dear John: Thank you for your letter regarding recent proposals to impcse Federal tax increases to state and local. governments. This measure is one of many tax increases being debated by the House Ways and Means Committee for inclusion in the committee' s deficit reduction legislation . By proposing a variety of tax increases, the Democrats in the House of Representatives are once again demonstrating their refusal to face the difficult spending cuts necessary to reduce the federal deficit, and their reliance upon unfair tax increases. You can be certain that when the Senate Finance Committee begins debate over our version of "budget reconciliation" legislation , I will oppose any attempt to raise your taxes. Again, thank you for sharing your views with me. It is a privilege to serve you in the United States Senate. incerely, 4AW11-a- DAve Durenberger United States Senator DD/ap n a K N N r roroJn nnnr+ acro .. w .. p rw7v •• r* G oMOB Nk X00 bnb d5 b r* O tj 3 Imo m T n r m K N N r W m r a J Y J £ mn n J q {pn n Jnn Jn n Jn n •• OGOY. D .. 10t 0F'. •• OH. •• OY. •• ON' on 91 r oro NG r* oG � 0 rr oGrt H Omma3K (D"0 K O � l< on [ �G onK C b fD fr r' 'd Y O F'• K1 P. 'U F•' 'U F" N 3m r 3 0r 0 a 0 DK 7 N N Y l0 N ll� OJ r J n p 0 U H •• 3 •• n m 037 on � r* ago a � n b a r O W Ol l� N j J 13 ti Jnro n .. 3Or o � n o37 "3 Uri F' ' rorok romp a a a rt K N Y r r a O J o w 7 d a K N Y r a H_ n 9 K /6 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN September 3, 1987 Chairwoman VanMaldeghem Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3 . Approval of August 6, 1987 Meeting Minutes. 4. 7 :30 P.M. CONTINUED 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 5. 7:40 P.M. PUBLIC HEARING: To consider an application for a variance to allow a 6 foot setback instead of the required 100 foot setback for an accessory farm building at 3374 S. Marschall Road. Applicant: Robert Novotny Action: Variance Resolution #506 6. 7:50 P.M. PUBLIC HEARING: To consider an application for variances to allow a 75 foot setback from the lakeshore (which exists on three sides of the property) instead of the required 100 foot setback to construct a dwelling on Block 1, Lot 10, Weinandt 1st Addition. Applicant: H.L. Weinandt Action: Variance Resolution #507 7. Other Business 8. Adjourn Douglas K. Wise City Planner NOTE TO THE PLANNING COMMISSION MEMBERS: If you have any questions or need additional information on any o£ the above items, please call Doug Wise on the Monday or Tuesday prior to the meeting. /6 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN September 3, 1987 Chairwoman VanMaldeghem Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of July 30, August 6, and August 20, 1987 Meeting Minutes 4. 8:00 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit for a home occupation to continue auto body work upon the property located at 706 East 4th Avenue. Applicant: Donald R. Plekkenpol Action: Conditional Use Permit Resolution #505 5. 8:10 P.M. PUBLIC HEARING: To consider an amendment to Shakopee City Code, Section 11.25, Subd. 3; Section 11.26, Subd. 3; Section 11.27, Subd. 3; Section 11.28 Subd. 3 and by adopting by reference Shakopee City Code Chapter 1 and Section 11.99 to permit Temporary Sales Offices as a Conditional Use in the R-1, R-2, R-3 or R-4 District. Action: Recommendation to City Council 6. Final Plat of Eagle Creek Junction 2nd Addition Applicant: Inca Development Company Action: Recommendation to City Council 7. Discussion: Revised Sign Ordinance 8. Discussion: Amendments to Zoning & Subdivision Ordinance. 9. Other Business 10. Adjourn Douglas Wise City Planner NOTE TO THE PLANNING COMMISSION MEMBERS: If you have any questions or need additional information on any of the above items, please call Doug Wise on the Monday or Tuesday prior to the meeting. Note Meeting Time: 5:00 P.M. TENTATIVE AGENDA Industrial Commercial Commission City Hall Council Chambers September 2, 1987 Chrmn. Keane Presiding 1. Call to order at 5:00 P.M. 2. New Member Introduction - Terry Joos 3. Approval of the minutes - July 22, 1987 4. Economic Development Incentive Report - Discussion 5. Results of August Roundtable Meeting - Discussion 6. Economic Development - Update a. Starwood b. Downtown Project C. 7. Informational Items: a. Star City Update b. Transportation Coalition Update C. Industrial Inquiries and Trends Update 8. other Business a. b. 9. Adjourn Barry A. Stock Administrative Assistant- CITY OF SHAKOPEE /7 INDUSTRIAL COMMERCIAL COMMISSION Shakopee, PIN July 22, 1987 Members present: Tim Keane James Plekkenpol Al Furrie Don Koopmann Jane DuBois Members absent: Bud Berens Staff Present: Barry Stock, Administrative Assistant Dennis Kraft, Community Development Director Chairman Keane called the meeting to order at 5:45 p.m. Plekkenpol/Furrie moved to approve the minutes of the July 1, 1987 meeting as kept. Motion carried unanimously. Chairman Keane suggested that the Economic Development Incentive Report be tabled until later on in the meeting. Mr. Stock then gave a report on the ICC Round Table meeting that is scheduled for August 5, 1987. He informed the Commission that 30 invitations were mailed on Friday, July 17th and have already received responses from 10 individuals representing 6 different companies in the Industrial Park. The Commission then reviewed the tentative agenda for the Round Table meeting. Chairman Keane will be the mediator for the event. Mr. Stock requested all the Committee members to be at the meeting at 5: 00 p.m. so that any last minute details can be finalized before the Round Table meeting starts at 5:30 p.m. Mr. Stock gave the Commission an update on the Star City Marketing presentation that was held on July 15, 1987. He stated that in his opinion the marketing presentation went very well and that the Department of Energy and Economic Development officials indicated that we would be receiving Star City approval within the next two weeks. Chairman Keane stated that the DEED officials explained to the marketing team that the City of Shakopee should make the Star City awards presentation a big event. While it is not unique for a community to be designated a Star City any more, any publicity that we can bring to the Shakopee area will surely be a benefit. Mr. Stock stated that upon receiving notification of Star City designation approval, the ICC will be responsible for coordinating the awards presentation. Mr. Stock then gave a brief economic development update. He stated that the Starwood public hearing was scheduled for July 30, 1987 at 8: 30 p.m. in the Citizens State Bank meeting room. Discussion ensued on the Starwood proposal and the feelings of some of the residents affected by the Starwood proposal. Commissioner Plekkenpol stated that in his opinion the Starwood proposal was an excellent one and that the developers had done more than an adequate job in answering the questions that have been raised by the City and the public. He felt Starwood would be a great addition to our community. It was the consensus of the Committee that Starwood would be an attractive addition to our industrial park. Commissioner Furrie moved for the approval of a resolution in support of the Starwood Development. Seconded by Commissioner Plekkenpol. Motion carried unanimously. Mr. Stock then gave a brief report on the Stonebrooke Development. He stated that this project was a residential development comprised of approximately 78 single family lots and approximately 18 twin home units. The residential development abuts an 18 hole golf course. He went on to state that the developer has received final PUD approval for this project. He went on to state that the developer would have to appear before the City Council at a later date for final plat approval. Mr. Stock then stated that the developer is proceeding with excavation of the site at this time and plans on finishing in the Spring of 1988. Mr. Stock thought it was highly unlikely that the golf course would be open in 1988. However, he was under the impression that the developer planned on building at least one spec home for showing in 1987. Commissioner DuBois stated that she would have liked to have the ICC informed of this development when it was initially proposed. She felt that it would have been appropriate for the ICC to review this development and make a recommendation to the Planning Commission. She went on to state that in her opinion the size of the lots in this development were not adequate given the fact that this project is in an unsewered area. Mr. Stock stated that the Planning Commission and City Council addressed this issue in great detail. The developer is being required by the City of Shakopee to install a centralized water system. This will eliminate the chances of ground water contamination of the wells in the development. The developer is also being required to identify two separate septic sites per lot. This was done to ensure that if one septic system fails, the developer will have an alternate site to dispose of the sewage. Finally, the developer is being required through the homeowners association to have each of the septic systems inspected on an annual basis and the results of this inspection forwarded to the City Building Inspector for review and approval. Mr. Stock went on to state that the City of Shakopee is looking in to developing a policy for the annual inspection of all septic systems within the City area on an annual basis. Commissioner Plekkenpol questioned why the Building Department wasn't inspecting septic systems on an annual basis at this time. He thought it would be wise for the - City to have a consultant perform the annual inspection of septic systems in Shakopee. He felt that this should be done in house by the City of Shakopee staff. Mr. Stock stated that this was an alternative that was being looked in to at this time. At the present time, the Shakopee Building Department staff does not have enough man power to perform the annual inspections of all the septic systems in Shakopee. Pending the results of the City's investigation, different alternatives will be presented in regard to the annual inspection of the septic systems. Commissioner DuBois stated that she felt the ICC should be more active in making recommendations to the Planning Commission in regard to development proposals that are submitted to the City of Shakopee. Commissioner Furrie stated that in his opinion this was not the role of the ICC. He felt that if a developer came to the ICC and requested assistance, then it would be appropriate for the ICC to make a recommendation on the development merits of the proposal as they relate to the goals of the ICC. Chairman Keane stated that he liked the idea of having the ICC play a more active role in commenting on development proposals, but that one thing the ICC would not want to do is to add an additional review step in the approval process for developers. The Commission did not reach a consensus on this issue. Chairman Keane stated that the Scottland Corporation has completed aneconomic development incentive report survey of several of the surrounding communities in our area. He stated that the survey pointed out that communities in our area are actively pursuing development through a variety of methods. He did state that several communities such as Eagan and Burnsville are not offering economic development incentives and are still attracting development. Mr. Keane briefly reviewed some of the incentives being offered in Chaska and Chanhassen. Mr. Keane suggested that the Commission review this information and be prepared to discuss this issue at one their future meetings. Mr. Stock then informed the Commission that Todd Schwartz had been appointed to the Planning Commission and has therefore had to resign from the ICC. Mr. Stock then briefly presentedtwo newspaper articles for the Commissions review. Plekkenpol/DuBois moved to adjourn the meeting at 8:25 p.m. Motion carried unanimously. Barry A. Stock Recording Secretary 18" Planning Commission Regular Session Shakopee, Minnesota August 6, 1987 Vice Chairman Czaja called the meeting to order at 9:30 p.m. with Comm. Rockne, Schwartz and Foudray present. Comm. Schmitt, Pomerenke and VanMaldeghem were absent. Also present were Douglas wise, City Planner; Dennis Kraft, Community Development Director; and Cncl. Clay. Foudray/Schwartz moved to table the discussion on the sign ordinance until the next regular scheduled meeting so absent commissioners can partake in the discussion. Motion carried unanimously. Schwartz/Rockne moved to approve the agenda with ommission of sign ordinance discussion. Motion carried unanimously. Foudray/Rockne moved to aaprove the minutes of July 9, 1987, as written. Motion carried unanimously. PUBLIC HEARING - Conditional Use Permit, Mark Gerry and Allen Plaisted Rockne/Schwartz moved to open the public hearing to consider an application for a Conditional use Permit to permit a Class II Resturant upon the property located on Lots 3 and 4, Block 12, Shakopee City (the property just East of the Dairy Queen) . Motion carried unanimously. The City Planner reviewed the request for a Conditional Use Permit to construct a Taco Johns Resturant (Class II ) . The district is zoned B-1. The development will be entered off highway 169. Questions were asked by Howard Schmitt, 2296 Eagle Crrek, and Kevin O'Brien, 1024 South Fuller as to what kind of fencing will be used for screening. The applicant replied that it would be treated wood. There was also a concern as to the parking problems that may arise. It was the concensus of the Commission that the applicant should petition the City to put "No Parking" signs along Highway 169. Comm. Rockne said that the sewer line location should be brought to the City Engineer's attention. Foudray/Schwartz moved to close the public hearing. Motion carried unanimously. Schwartz/Foudray moved to approve Conditional Use Permit Resolution No. 501 subject to the following conditions: 1. Only one access to Highway 169 shall be allowed. The developer shall be required to obtain an access permit from MNDOT. Location of the access must be approved by MnDOT and the City Engineer. Planning Commission August 6, 1987 Page 2 2. The Parking Lot must comply with the City Codes relating to setbacks, screening, landscape requirements and condition number one. 3. The developer shall be required to petition the City for public road improvements along Highway 169 to control access and waive all rights to a hearing and appeal to the assessments. 4. The developer shall be responsible for extension of sanitary sewer to serve the site and all costs associated with the extension. The sewer improvements must conform to City Design Criteria and must be approved by the City Engineer. 5. Construction and installation of water improvements must conform to the requirements of the SPDC Manager. 6. The developer shall petition the City for "No Parking" signs along Highway 169. 7. The screening fence along the rear property line must beextended to the center of the building. (Approximately another twenty feet) . Motion carried unanimously. Discussion ensued on the Registered Land Survey for City Property - 3rd Avenue and Sommerville. The City Planner said the City has purchased land in Block 29 of the original plat for the City and has prepared a registered land survey to be recorded with the County. Schwartz/Rockne moved to approve the registered land survey. Motion carried unanimously. Foudray/Rockne moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:30 p.m. Douglas Wise City Planner Carol Schultz Recording Secretary Is PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEEE, MINNESOTA AUGUST 6, 1987 Vice Chairman Czaja called the meeting to order at 7:30 p.m. with Comm. Rockne, Foudray and Schwartz present. Comm. Schmitt, Pomerenke and VanMaldeghem were absent. Also present were Douglas K. Wise, City Planner; Dennis Kraft, Community Development Director; and Cncl. Steve Clay. Rockne/Schwartz moved to appprove the agenda as written. Motion carried unanimously. Foudray/Schwartz moved to approve the minutes of July 9, 1987. Motion carried unanimously. Foudray/Rockne moved to open the public hearing to consider an application for a four 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. Motion carried unanimously. The City Planner reviewed the background of the request. Vice Chairman Czaja asked for comments from the audience. Rosemary Schmitt addressed the Commission stating that they would like to build a 10 foot addition to the front of their house because of their growing family. She said the cost would be extremly high to build to the rear of the house, and that the living room is located in the front of the house and would be more practical to add on to the living area. They were a number of concerns brought up by neighboring residents regarding the view from their houses being blocked. Mr. Delium, 504 5th avenue, said that four years ago he was refused his request to build onto his front porch because it would make the other houses uneven. Fred Lebens, 604 west 5th Avenue, said he thought it would spoil the view of the whole block if that house were uneven. Foudray/Rockne moved to close the public hearing. Motion carried unanimously. Foudray/Rockne moved to deny variance Resolution No. 504 requesting a four 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 for the reason that the petitioner did not present a hardship. Motion carried unanimously. Board of Adjustment & Appeals August 6, 1987 Page 2 PUBLIC HEARING - Variance Request William Nevin Foudray/Rockne moved to open the 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. Motion carried unanimously. The City Planner reviewed the applicants request to build a three-season porch upon a concrete slab already in existence. the zoning is R-2. There were no comments from the audience. Foudray/Rockne moved to close the public hearing. Motion carried unanimously. Rockne/Schwartz moved to approve the Variance Resolution No. 503 allowing a five foot variance from the required ten foot side yard setback to construct an addition to the existing dwelling located at 612 East 7th Avenue. Motion carried unanimously. PUBLIC HEARING - Variance request No 504 Breckenridge Development Foudray/Schwartz moved to open the 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. Motion carried unanimously. The City Planner reviewed the background of this request. He said the setback requirement is 50 feet since it is located on an arterial street. Jim Bartlett, 100 SE10th Street, said that at the time it was built the building was in compliance with the ordinances, since then the ordinances have been changed. Clete Link, Geln Ellyn Park, Shakopee, said the original permit for the building was pulled in December of 1984 and at the time it was in compliance with the ordinance. The hardships are that the property is zoned B-1 but the setbacks are not the same as in the downtown area and if all the setbacks were to be met then no building could be built on this land at all. Beverly Koehnen, 2036 Canterbury Road stated she has a number of concerns regarding the setback variances on this property. Her first concern regarding the six stall building and the parking variance are mentioned in her memo dated June 26th, 1987 which Board of Adjustments and Appeals August 6, 1987 Page 3 she presented to the Board. Her second concern was whether this ---bud ding could be sold off in pieces. Third concern was that of the al The -City must decide if this alley exists or not. She had no personal Feelings either way but would like an answer on whether it exists or not. The City Planner read into the record a letter from Mr. LaTour stating his opposition to this variance request. Rockne/Schwartz moved to enter LaTours letter of opposition into the records. Motion carried unanimously. It was the concensus of the Commission to table this item until opinion from the City Attorney could be obtained. Foudray/Rockne moved to continue the public hearing to September 3rd meeting and direct Staff and City Attorney to investigate and advise the Commissioners as to pertinence of the items raised. Motion carried with Comm. Rockne opposed. Foudray/Schwartz moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:30 p.m. Douglas Wise City Planner Carol Schultz Recording Secretary MINUTES OF THE PLANNING COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA AUGUST 20, 1987 Chair VanMaldeghem called the meeting to order at 7:40 p.m. with Comm. Schwartz, Foudray and Czaja present. Also present were Douglas K. Wise, City Planner, Dennis Kraft, Community Development Director; Cncl. Clay; John K. Anderson, City Admr. and Trevor Walsten Asst. City Attorney. Comm. Rockne arrived at 7: 50 P.M. Comm. Pomerenke arrived at 7: 58 p.m. and Comm. Schmitt took his seat at 8:00 p.m. - Chair VanMaldeghem referenced letters of opposition, stating the writers' name( s) and reason of opposition, which will be entered into the record and on file at City Hall. PUBLIC HEARING - CONTINUED - CONDITIONAL USE PERMIT BY SCOTTLAND (STARWOOD) Czaja/Foudray moved to continue the public hearing regarding the conditional use permit request to operate an outdoor music center as a minor commercial recreational facility upon 86 acres. Motion carried unanimously. Doug Wise, City Planner, gave an overview of the information presented at the previous hearings: a location at the intersection of 12th Avenue and Valley Park; a pavilion with a capacity of 5,000 people and another 12,000 on a lawn area; there is also to be a parking area for 6,679 cars. A motion was made at the July 30, 1987 Planning Commission meeting to ask the City Council to authorize a trip to a music center which is similar to that proposed and to hear a rock band. One member of the Planning Commission, one member of the City Council, one staff member and a number of citizens went on such a tour and will be reporting on this tonight. Barry Stock attended this concert as a member of staff and was responsible for setting this up. Be spoke regarding the difficulty in finding any heavy metal or hard rock group within the two-week time frame. River - Bend Music Center in Cinncinnati, Ohio was chosen as it was similar to Shakopee, and Kenny Loggins was the performer, by no means constituting hard rock. This music center is adjacent to a race track and to an old coney-island type amusement park. Highways similar to those surrounding Shakopee are also in existence. At the request of Mr. Zak, a conference call was also set up yesterday evening with the Mayor of Cuyahga Falls, where Blossom Music Center is located and with the Manager of BMC. Mr. Stock reviewed the investigative processes taken as follows: a) Staff and independent agencies have reviewed the developers Environmental Assessment Worksheet (EAW) . Shakopee Planning Commission August 20, 1987 Page 2 b) Surveys have been taken at eight amphitheaters throughout the country, with specialized surveys to the Mayor, Assessor, Chief of Police, City Engineer and City Planner. c) A tour of Riverbend Music Center in Cincinnati, Ohio was made. d) A conference call with several interested parties was held. Chair VanMaldeghem requested at this time that all audience commentary be made briefly and in an orderly manner. Bruce Malkerson of Scottland Companies read a letter to the Planning Commission stating that he believes that no facts or evidence is supportive of a denial based on criteria of the Planning Commission. Mr. Malkerson showed how traffic problems- at Blossom Music Center cannot be compared to Starwood's situation because the roads do not go through residential areas in Shakopee the way they do at Blossom Music Center. Mr. Malkerson referred to another music center which was denied and pointed out that this was not an identical situation and had very different facts and zoning. Be stated that he has reviewed the materials submitted by the opposition and does not find any facts or questions not already addressed. Digressing from the written text of his letter, Mr. Malkerson assured that any mosquito control would require the written consent of the City. Mr. Malkerson returned to the text of the letter, stating that any undesirable performing groups would be adverse to Starwood' s interests. An annual licensing ordinance would be adopted by the City Council. _ Failure to adhere to any conditions of a Conditional Use Permit or annual license would cause such license to be revoked. Chair VanMaldeghem advised those in the audience to get a copy from the back table of the 12 criteria for consideration of a Conditional Use Permit. Joseph Zak, 5371 Eagle Creek Blvd. addressed the Mpls. Tribune article stating that he denied saying that the "city fathers were against us" and clarified that his meaning was that more help could have been used from city administration in the area of technical expertise. Shakopee Planning Commission August 20, 1987 Page 3 Mr. Zak agreed with Barry Stock regarding the Kenny Loggins concert not being rock, but the time frame was difficult. The negative impact of music centers - traffic, proper compensation from taxes, downside of business - all were the same in other places where these music centers have been denied. Mr. Zak spoke on the real estate issue, pesticide issue, the problem of finding experts who would work for nothing to support the opponents position. There are issues of trust between the city, the developer and the citizens. He said it was difficult to find businesses willing to go up against the proposal. The analysis passed to the citizens and they had less clout. Mr. Zak discussed the modeling technique used on computer in _ --relation--tot he traffic study. He pointed out that in Shakopee --- _ we are all customers and whether we are for or against this music center, we want prosperity and growth of residents. Residential growth figures for surrounding towns are much higher than Shakopee' s. Mr. Zak expressed a concern for the police. Other possible options for this site would be a retractable domed amphitheater with 10,000 seats. This would be much more expensive with air conditioning and heating costs, but would offer 'class' and give Shakopee a national reputation. Another possibility would be a computer manufacturer. Our kids will be getting jobs at the amphitheater as security people for other kids. Mr. Zak reported as to the size of the area, summarizing that the area will contain 1. 5 times the population of the City of Shakopee in a 25 acre area. Mr. Zak questioned what measures could be taken during a storm, or lightning emergency. Will nearby businesses be able to deal with the pre-concert sound checks during isolated times of the day? Chair VanMaldeghem then reminded the audience that this is a continuation, to keep in mind what has already been discussed at previous hearings and what needs to be addressed of the criterias. Also she reminded the audience to direct their comments to the Planning Commission. Shakopee Planning Commission August 20, 1987 Page 4 Jim Gerlach, 637 4th Avenue East, doesn' t think he understands criteria #9 that the amphitheater cannot cause traffic congestion. Mr. Gerlach provided a video which showed visual facts of congestion in the areas where the proposed amphitheater is going to create traffic problems. The Renaissance festival will conflict with 16 days of Starwoods ' schedule.. The video showed the Bloomington Ferry Bridge Road on low traffic days and it was pointed out that on race track days the traffic congestion also spills over into Bloomington. Also consideration should be given to spring roadblocks when the traffic will then be diverted to Highways 169 or 35W. Also, Mr. Gerlach stated that the warm-up which will take place 4-6 hours before performance time may be unacceptable to Conklin Company, a nearby business and they should be contacted to see if this will bother them. Mr. Gerlach quoted the noise ordinance relatiag _ to_ the____ disruption of peace and quiet and comfort of any person between the hours of 10 p.m. and 7 a.m. According to this, concerts must be over at 10 p.m. to be legal. , Ken Ashfield, City Engineer, reported the proposed traffic changes with the traffic improvements which are under way now. Information has been reviewed for the EAW in consideration of traffic. Mr. Zak put alot of time into this and it provides the drive for staff review from a different perspective. Impact Traffic Study - Mr. Zak completed an analysis with a 4 second per car turn figure at a light or stop sign. Many calculations are based on that assumption. Mr. Ashfeld stated: In reality, the turn time is not 4 seconds per car. Considering a left turn lane with the traffic stacked (queue) , the turn time is an average of 2.1 seconds per car . A study done when there is a queue of more than 6 .cars, that time per vehicle was reduced to 1.3 seconds per vehicle. This was dealing with 2 lanes of traffic, which left that figure at 2. 6 seconds/vehicle to commence movements and clear, of the intersection. Peak traffic would not be arriving between 7 p.m. and 8 p.m. 'as indicated in Mr. Zak' s report. Actual peak arriving time will be between 7: 30 and 8:30 p.m. Shakopee Planning Commission L [ August 20, 1987 Page 5 Also, it is assumed that 308 of the traffic would arrive in the hour before the peak traffic hour of the event. Before the main performance, there is a back-up band and much of the traffic would arrive during the back-up performance arriving for the main attraction. For the EAW we dealt with an 8: 30 p.m. starting time. Comments on findings of Mr. Zak's cover memo dated August 18, 1987: The 4th paragraph eluded to problems which would result from Bloomington Ferry Bridge or Shakopee bypass construction. Roadway construction will take place with roads open. The Bloomington Ferry Bridge will be constructed in a different alignment so that the old bridge would stay in place until the new one is built. The Shakopee Highway 101 bypass is in undeveloped property so these roads also will not be closed. Perhaps some lanes will be closed, but not the entire road during the construction period. S2 -This was based on assumption of 4 seconds/vehicle which is the result oferrors in the calculations. we believe the early traffic will not be of the magnitude Mr. Zak's report assumes. The timing of the signals at Valley Park Drive and County Road 83, as stated, are in excess of 2 minutes. The actual cycle time is a result of traffic actualization loops in the roadways. Traffic loop detectors actually adjust themselves according to the traffic. The time between the left turn arrows would be reduced. ¥3 - Inaccuracies in reporting early arrivals has already been noted. Comments regarding the times of Starwood' s performances and departure times of Canterbury Downs have been worked out so the two times are not conflicting peak times. This refers to West 101 and converging traffic. The two traffic movements can happen simultaneously and are not conflicting at all. Traffic leaving would be on a free right turn. Traffic coming left off of 101 would be on their own cycle. The worst problem would be the intersection of 12th Avenue and County Road 83. During peak events or conflicting traffic, whether residual out of Canterbury or going into Starwood, a patrolman would need to be at that location. Shakopee Planning Commission August 20, 1987 Page 6 #5 - This issue is confusing, and no comment is made at this time. #6 - Compounding is going to add to an already congested roadway. Level of sevice resulting at intersections based on EAW review of traffic movements included new traffic and background traffic. With Valleyfair, the race track and Renaissance traffic, the background traffic takes into account a very high background figure. #8 Incorrect assumption of 4 seconds/vehicle. #9 - Incorrect assumption of 4 seconds/vehicle. Mr. Ashfeld stated: The traffic study from Mr. Zak provided hasn't changed my opinion as yet. Traffic is here, now. Short of improvements, the traffic will not get better but it will not get worse. John Anderson, City .Admr.. asked for clarification regarding peak traffic. Starwood ' s traffic won't fall on present peak for commuter traffic. If development in the Industrial Park would be this type of use, this would not add to the worst peak of current traffic. Discussion was held regarding the matter of whether truck or employee traffic which would add to the present current peak times (5 - 7 p.m. ) and the trade off of traffic like that of Starwood ' s which would add extended hours onto the peak. Mr. Zak responded to the assumption of 308 early arrivals saying that this was from the develooers. Starting times being changed is a ploy to cover up that fact that 2,200 cars are going to turn left onto an already crowded roadway and this just cannot get any better. He said that Starwood 's starting times are being moved around in order to mold an accomodating figure for Starwood. On concert nights, 6,300 cars are going to show up here. They will come when they want and leave when they want. Shakopee's citizens are trying to live, commute and shop here. There will be more hours of congestion, more cars and more traffic jams. Three routes are already congested and these cars will begin to go into the residential areas. Free tickets, free Parking allowed at Canterbury Downs have eliminated the 25C per ticket to the community. Also, County Rd. 16 was opened up out of Canterbury Downs to act as a pressure valve to traffic problems. Safety valves will direct the traffic through housing developments and will increase residential traffic. What about surrounding municipalities such as Savage, Prior Lake, Burnsville, Eden Prairie, etc? Did the EAW go to these - areas? Shakopee Planning Commission August 20, 1987 Page 7 A significant impact will be felt in these areas as well as in Shakopee. Everyone will be caught in traffic and be angry about it. The bypass is scheduled for 3-6 years. Are we willing to put up with this for 6 summers? Cliff Stafford, 2320 Eagle Creek Blvd. , referred to the Memo from Douglas wise regarding the overall needs of the city and existing land use. It is his opinion that more permanent type of industry, not seasonal recreational industry is needed. This includes permanent jobs and not additional seasonal positions. He is concerned about the safety of the surrounding land - traffic causing increased accidents, a rise in intoxicated drivers, health problems due to increased litter, congregating juveniles possibly along the roadways to hear 'something for nothing' . Due to the overcrowded area, there is also more opportunity for crime to be committed. Traffic problems would be aggravated by what Starwood proposes. Susan Hofmaster, 1028 Dakota St. , has a question about an article in the newspaper last week about the Minnesota Pollution Control Agency approving an Indirect Source Permit. She also questions the starting time of 8:00 or 8:30 p.m. PCA's controlling interest in noise goes over the City ' s jurisdiction. The noise level from 7:00 to 10: 00 p.m. (L50) cannot go over 55 decibels after 10 p.m. The City of Shakopee says that the decibel level in an industrial park cannot be over 55 after 10 p.m. also. If these concerts are going to start at 8:30 p.m. and cannot go over 55 decibel level, how can that be done? Jane Swenseen, 1091 Harrison St. , makes a living at a seasonal job and stated that the zoning decision must be made objectively. She feels that the Planning. Commission must vote in favor of Starwood. Starwood has answered questions and provided evidence and the opposition has provided very little evidence in regards to traffic, sound, drugs, crime and the like. Marlene Larsen, 1440 Blue Heron Trail, was one of the unbiased individuals who went to gather information about River Bend Amphitheater. In talking to representatives from the Sheriff ' s office, Management of River Bend and residents, no complaints of sound, no devaluation of property was noted. They saw no reason why this could be a detriment to a community. Why should residents have to go to Minneapolis for a cultural event or have our children go to Bloomington for a rock concert? Why not here in our locality? Riverbend Music Center is well maintained and clean. A wide variety of ages were in attendance. The music was loud and was contained in the facility itself. An amphitheater would be an asset to our community if the technicalities are worked out. Shakopee Planning Commission August 20, 1987 Page 8 Al Conger, 2666 Hauer Trail is not against cultural entertainment here in Shakopee. He enjoys the small town atmosphere. No one enjoys commuting in this traffic. He feels that residents must control their lives around the entertainment already here now. Extending peak traffic hours to last longer is a detriment. People are trying to sell their houses are having trouble because of the congestion already in Shakopee. Chair VanMaldeghem asked if any local realtor was in the audience who might comment. Esther Rademacher, 614 Apgar, is with Edina Realty in Burnsville and works with people who are interested in the whole area south of the river. She said that people don 't want to come to Shakopee due to the congestion and traffic. The future valuation of property is unknown until that time that a music center is built and any problem is created. Savage is currently more in demand than Shakopee. Czaja/Schwartz moved for a 5 minute recess at 9:45 p.m. Motion carried unanimously. Chair VanMaldeghem called the meeting back to order at 9:56 p.m. Jim Burkhart, 820 Marshall Road, has been a realtor for more than 2 years. Property values are not able to be forecast until that time when a change is made. Yes, there are people coming into Shakopee school district, but most of these are requiring 5 - 10 acre parcels and that does not mean within the City of Shakopee. Bob Mayer 952 So. Clay is an 18 year resident of Shakopee. Mr. Prayer went to the concert at Riveibend Music Center and said that with earplugs you can still hear the music. The amphitheater is adjacent to a family park which used to be an amusement park. The touring group watched the exits and within 1/2 hour the parking lot was empty. Traffic was not a problem that night. Another interesting note was that in talking to Sheriff's department and the Management of River Bend, it is not the music played but the performing group that seems to affect crowd behavior. The facility is owned by the Cinncinnati Symphony and they hire a company to manage it. Crowd behavior was excellent that Particular night. A good Dart of their success was due to the pact that they have community backing. There is a feeling of support from the community for this facility, possibly because it is owned by the Cinncinnati Symphony. When asked about a drug problem, the response of management was 'no more than any time you have a large concentration of people - not much different from the schools ' . Management handles incidents well and they seem to have an excellent management system and community backing. Shakopee Planning Commission q August 20, 1987 Page 9 Donna Hyatt, 1077 Swift Street, also attended the Fiverbend Concert and called it an informative venture. She said the concert was lovely. Absolutely nothing about Cinncinnati paralleled Shakopee. This could only be classed as a sales pitch. Cinncinnati has 1 million residents; Shakopee has 11, 200. Hamilton County has 730 sworn officers, 179 are patrol units; Shakopee has 17 sworn officers, 11 patrol units. In River Bend, 10 officers are used to direct traffic. Sworn personnel are not used in the theatre. River Bend hires its own security. When the facility was new there were terrible traffic problems. The ten traffic officers has helped that. Sometimes there is marijuana, but not alot of other drug problems. Cinncinnati is very clannish and very conservative. They just don' t have the problems other places do. None of the highway traffic surrounding River Bend was commuter traffic. Even so, they experience traffic problems when there is a large concert. Comparison was also made to the Met Center which uses 8 Bloomington police officers to clear their parking lots. Field parking, with no stripes or assigned spots will be used at Starwood and this causes havoc. Met Center hires one officer for each security person who is working to control crowds. They also hire Farmhouse Drug Treatment for most concerts. Problems are minors drinking, people coming to concerts to party, or to cause fights. Rock is not 'out' but the crowds are a bit more mellow. Cinncinnati has a conservative crowd and young people. Addressing the petitioning aspect, it was all done in person and by asking if they would like to sign a petition against Starwood. Only if no one was home was a flyer left. About 100 signatures were received on the bottom of the flyers. All signers were adults and homeowners with pride in their property. This amphitheater is not a popular choice with valid reasons - traffic, pollution, crowds and 1,100 residents want to find a way to stop it. Bob Turek, 731 W. 10th Avenue, stated that he does not believe it can be proven that this proposal for Starwood meets the 12 criteria for approval of a Conditional Use Permit. Melanie Kahleck, 221 E. 1st Ave. , is a Shakopee resident and mother of two children. She spoke of her support of the music center as a cultural and family development. Shakopee Planning Commission August 20, 1967 Page 10 Gale Fink, 2330 Berg Drive, addressed traffic problems and stated that there is no need for paperwork to show that crime and traffic is up and property- values are down. He said he is convinced this is going through due to increased pressure by Starwood. Mr. Fink has been here since 1969 and is concerned for the police of the area and commented on the fact that money seems to be a concern here, not living conditions. Bob Schaefer, 13700 Canterbury Road is a realtor with Edina Realty. His first concern is what impact this will have on surrounding towns. He also is concerned about the 12,000 people on the lawn, which is called festival seating. At a Who concert with festival seating, 3 people were killed. Without reserved seating, there is a push to the best spot. People also arrive very early to s get the best seating. Traffic is already a problem here. From a realtors ' point of view, Shakopee has a good location. Traffic is a deterrent for some people, however, there is a good school system and close enough location to a lot of good things. People will either -accept the traffic or move out. Unless you are a teacher or a realtor, you will have to commute across the river. This amphitheater is a good thing to have here but some big problems need to be worked out. A covered domed theatre is a good suggestion, but it is probably not cost effective. Richard Soderberg, 1046 Tyler, was concerned about the interruption of traffic causing more problems into the downtown areas. To conduct business in this city you need to drive on back streets. On opening day at Canterbury Downs, he spent over 3 hours in traffic from Lake Street to Shakopee, with even the county roads being jammed with people trying to get into Shakopee. Construction which is scheduled to take 6 years could last as long as 12 years before completed. It is already difficult to patronize local establishments. What about the cost to the taxpayers and to Scott County Human Services of People being hurt and having no insurance? Mr. Soderberg estimated that he drives by at least 3-4 persons every night who are driving impaired. The police department is already working 60-70 hours per week. Police burnout is of concern to him. He also expressed concern about the litter, drugs and after-event hang-arounds. People are already moving out of Shakopee. Experiencing the sight of someone overdosing on LSD or other drugs is not a pretty sight for our children. Mr. Bruce Malkerson of Scottland Company stated that through this 9 month process they have endeavored to provide all facts on relevant and legal issues and submit those to the city and Shakopee Planning Commission Augus t 20, 1987 Page 11 have on public file. The EAW process requires this done and this was analyzed by staff, opponents, others and state agencies. Questions have been raised tonight that have not been answered before. One is why did the race track start using the gate on County Road 16. The reason is that after patrons requested to use this exit, the new manager complied with their requests without contacting me. After I found out about it, I informed him of the restrictions called for in the Environmental Impact Statement -._and this exit will not be used except under peak -' daytime events as called for in that document. Jeff Siegel will address the issue of soundchecks. In the EAW process there was ample opportunity for other surrounding communities to comment on this. We gave a presentation to the City of Prior Lake early in the process and offered to do the same for Savage and they declined. When the EAW was placed on file, statutory notice had to go to all state agencies and surrounding communities and was recorded in local and regional papers. A question was asked how the PCA viewed the sound analysis. When you file a EAW with a sound analysis, the PCA is one of the agencies who reviews that EAW and reports whether or not there are any problems or whether they feel an EIS is required. The Minnesota PCA on July 8, 1987 sent a letter to the City that the noise does not appear to be a problem with the project due to the lack of sensitive receptors in the immediate project area. The nearest residence is 4,400 feet away at the Canterbury Inn Hotel. Accoustical calculations indicate that the noise standards will be met at all standard receptors. However, if there are any noise standard violations, the noise levels can be controlled in the stage mix. In this case, that condition would be included in the Indirect Source Permit for the project. We must obtain and are in the process of obtaining an Indirect Source Permit. We have submitted testimony regarding real estate. There are 600 new lots approved in the City of Shakopee. These are offered by knowledgable realtors and they would not be investing - if they were not selling. We have A study done of homes in Shakopee and there is no difference than others generally found in any suburban area. There has been testimony other than tonight that there is a continual increase in the population of Shakopee. In summary, in response to comments regarding Scottland having pressure or money, we have tried and hopefully succeeded in always stating facts, hired independent experts and asked them to analyze the proposed project and and submit their findings to you. we have had to submit alot of detail because it was Shakopee Planning Commission August 20, 1987 Page 12 necessary. We are sure that we will only receive a Conditional Use Permit because we have met the criteria you set forth. We have offered lengthy lists of benefits to Shakopee of this music center. Jeff Siegel, Project Manager for Starwood discussed the sound check issue. Only 508 of the time in contemporary shows do groups use a sound check. Groups have been rehearsed on tour. There is a rehearsal studio in Chanhassen. Rarely do any groups open in the midwest. -- _---- - - What is done is a mike check and a line check, which can be done without the speakers on with electronic devices. On occasion after 4:00 p.m. a sound check is done, being 5 - 15 minutes in length, not consistent, but an on and off situation during that time. They also have a goal of not allowing soundcheck to become a nuisance or an entertainment. Conklin Company's manager called and stated that his opinion has not changed regarding this. A letter written previously stated that they welcomed the music center and look forward to its opening. He said that he stood by that letter. A motion was made by Foudray/Schmitt to close the public hearing. Based on legal counsel, Chair VanMaldeghem declared the motion to close the public hearing out of order due to a possible need for further information. Comm. Czaja asked questions 1 ) how would the patrons be protected in the event of a storm or lightening storm? 2 ) what effect does growth traffic have on the traffic in the area? 3 ) what is the legal definition of immediate vicinity? 4 ) what liability will the City have to a performer or crowd at the facility? and 5) Is a sound chart available which gives the entire area, not just 3 specific points? Mr. Malkerson responded to each of the questions as follows: 1 ) Plans for evacuation, instructions to crowd will be written up and approved by the Chief of Police of Shakopee. Canterbury Downs is a national weather service reporting station and Starwood plans to have a company provide meteorological data to Starwood. Discussion was held with regard to where all the people would go and what kind of plan would be set up with protection for all those outside. Mr. Malkerson • said they would adopt a plan similar to those at Canterbury or Valleyfair which has less covered space than Starwood will. This will be in written form and approved by the Police Chief. 2 ) Starwood traffic is not during the current peak. Future projected growth of the industrial/commercial and residential Shakopee Planning Commission August 20, 1987 Page 13 area would include commuters from the residential aspect and there is ample capacity after Starwood for future developers that may be using the traffic system during that time period. 3) Legal Counsel addressed this by advising the Planning Commission of the clause in Conditional Use Permits which provides conditions if the proposed activity would adversely affect the surrounding area or the community at large. Each applicant must be taken on a case by case basis and the area can extend into the community at large and could protect the welfare of any part of it. Mr. Malkerson indicated that he disagreed with this. Also, related to that in consideration for Conditional Use Permit criteria #1 referring to "diminish or impair property values within the immediate vicinity" there has been no testimony that any diminution exists. 4) Discussion was held regarding the liability of performers or crowd. Mr. Malkerson assured the City that they would not be held liable or responsible. This is in the hands of management and private industry. Someone may try to sue the City as well. The developer has proposed to name the city as additional insured under their liability policy. Legal Counsel agreed that the City would not be responsible. 5) Mr. Malkerson said that to his knowledge a sound chart has not been made of the whole area. Any analysis the Jaffe report made is available. Chair VanMaldeghem asked Esther Rademacher as a realtor if by denying this Conditional Use Permit these prospective buyers might then decide to come to Shakopee. Rademacher stated that people are hesitant to come to Shakopee due to the traffic - that somthing should be done about the traffic before it is added to. They won't come to Shakopee because of the congestion here now, and they prefer to move elsewhere. Bev Koehnen, 2036 Canterbury Road, had some questions regarding the frequencies used in the study and the units of measure used. Mr. Perez, sound expert for Starwood, answered her questions explaining that frequencies are used from 20 - 20, 000 and there is an electronic filter which shapes sound to the human ear. He also explained that decibels are used as a unit of measure as adopted by agencies who measure them. Comm. Czaja asked for an explanation of sound skipping. Shakopee Planning Commission August 20, 1987 Page 14 Mr. Perez read into the record his letter to Mr. Malkerson and Mr. Siegel, responding to this matter as follows: A question has been raised about the possibility of sound from Starwood leaving the area and showing up at more distant areas at high intensities. Long distance propagation of sound is affected by both wind and temperature conditions in the atmosphere. These effects result mainly from changes mainly to the speed of sound ( the higher the temperature, the higher the speed of sound) and wind components add or subtract to the sound wave. To illustrate this effect, I am attaching a series of graphs showing various atmospheric possibilities and the resulting behavior of the soundwave. (This is on the back - Typical atmospheric conditions that would result in unique long-distance propagations of sound) . In my 24 years in noise control, the only time I had to concern myself with the above phenomena was during my work with NASA as it related to static tests of Saturn rockets. Needless to say, the 214 decibel of power level oftheSaturn 5 could not be compared to the sound emanating from Starwood. Furthermore, these phenomena are of concern great distances away from the source. In the immediate vicinity of the sound source other less exotic, that is vegetation and barriers, considered in the Jaffe report, are of much greater importance than the described atmospheric condition. In my evaluation of this issue, it is my conclusion that even in the rare case where some focusing may occur many miles away from Starwood, the resulting sound levels would be well within the State standards. Further discussion was held with regard to this unique weather area, the Valley. The analysis done by Jaffe acoustics included most significant parameters. The temperature due to the unicue Valley conditions was not considered. Long distance propagation of sound was not considered in the Jaffe report. in the rare occurrence, there will not be any violation of standards. The Legal Advisor then stated in regard to the latitude of the Planning Commission to impose additional conditions to protect the surrounding area and community as a whole, he does not want to convey that always applies in looking at the 12 criteria with reference to #1 especially (property values in the immediate vicinity) . The notice to affected property owners, described as within 350 feet of the outer boundary is more appropriate. Comm. Schmitt asked if Starwood intends to charge for parking on the site. Shakopee Planning Commission J / August 20, 1987 Page 15 Mr. Malkerson said they do not intend to charge for parking, but in the event they would, the pickup points need to be moved to the interior of the site. Comm. Schmitt noted a descrepancy in two documents. One indicates there will be no parking fees and another one says there will be fees charged. Schmitt/Pomerenke moved to close the public hearing. Motion carried unanimously. A five minute recess was called at 11:27 p.m. Chair VanMaldeghem called the meeting back to order at 11: 42 p.m. Chair VanMaldeghem requested Dennis Kraft, Community Development Director, to comment on the status of the Indirect Source Permit and the noise issue. Mr. Kraft confirmed that an Indirect Source Permit has not been issued, but must be issued before this project can begin. He also clarified the standards the Pollution Control Agency will be using and which will be included as part of the Indirect Source Permit. A motion by Schmitt/Pomerenke for approval of the Conditional Use Permit Resolution #492, subject to Conditions 1 through 15 of the Conditions below. Czaja/Schmitt moved to add the Conditions 16 through 26. Discussion ensued on the wording and me=aning of individual - conditions. The following conditions are in final form after completion of the discussion. STARWOOD MUSIC CENTER CONDITIONS 1. The EAW for the Starwood Music Center along with all the statements made therein, and all of the mitigating measures stated therein are hereby adopted as a condition of the Conditional Use Permit. 2. A written agreement between City and developer containing the security requirements for the facility. Said agreement shall include the following: A. Licensed officers will be permitted within the site. B. Number and type of security personnel required for each type of event. C. Starwood shall be responsible for all costs relating to on and off site security and traffic control. Shakopee Planning Commission August 20, 1987 Page 16 D. All ushers as well as security personnel must receive training in security procedures, first .aid and drug abuse prevention/treatment. E. The agreement must be approved by the Chief of Police. F. The agreement can be amended at the request of either Starwood or the City, with proper notification and review. G. Applicant and/or his agent will contract with the local police department and county sheriff for traffic control by on duty officers at all major county and state roadway intersections within the City of Shakopee. 3. A qualified physician or paramedic team with ambulance shall be in attendance at all performances. In addition, a drug crisis unit and trained team will be on the site for all concerts as directed by the City Police Chief. 4. No alcoholic beverages shall be brought into the facility by patrons. No consumption of alcoholic beverages shall be allowed within the parking lot or other areas of the site outside the performance area. The facility operator shall be responsible for enforcing these conditions. 5. The Starwood Music Center shall only be allowed alcoholic beverage licenses for the serving of beer and wine and only two containers be sold at any one sale and the serving of these beverages be terminated- 1 hour prior to the end of the event. 6. Execution of a developers agreement for construction of required improvements: A. An eight foot bituminous trail along 12th Avenue and Valley Park Drive shall be required. E. Additional street lighting to be installed in accordance with the requirements of the SPUC Manager and the City Engineer. C. Water system improvements along 12th Avenue required to complete a looD from Canterbury Road to Valley Park Drive to be installed in accordance with the requirements of the SPUC manager. D. Payment in lieu of park dedication as required by City Code Section 12.07, Subd. 5. / q Shakopee Planning Commission August 20, 1987 Page 17 7. Deferred assessments against the property shall be paid prior to inssuance of a building permit. B. Any plans for use of the portion of the site not included in the project shall require platting of the entire parcel. 9. General security and off site management: A. Overnight camping on any part of the property or within the immediate vicinity shall be prohibited. B. No parking shall be allowed outside the immediate vicinity of the facility. C. No loitering will be allowed on the facility or in the immediate vicinity of the facility 12 hours prior to or after an event. 10. No event shall start prior to 8: 00 p.m. on Monday - Friday. 11. Approval by the City Engineer of final calculations for storm drainage and detention area, and for peak sanitary sewer flow from a major entertainment facility that would have intermissions generating at a peak flow. 12. No event will be allowed that displays a history of causing a disturbance. A citizens' group shall be formed to review events as well as to promote communication between and among the citizens and the applicant. 13. Sound levels at the stage are limited to 100 decibels. Sealed monitoring devices will be installed by the City at the developers ' expense, one at the stage and one or more off the site. Fines for sound levels in excess of 100 db at the stage and sound levels in excess of those identified in the application will be established by City Ordinance. 14. As a condition for granting this permit, Scottland and/or its successors in land ownership will file a certified statement of intent (moratorium) agreeing to refrain from any rezoning requests and/or minor entertainment conditional use permit requests on all properties zoned I-2 within 3,000 feet of this facility for a period of 7 years or until commercial recreational uses are eliminated from the I-2 zone. Shakopee Planning Commission August 20, 1987 Page 18 15. Developer agrees to clean all litter on all adjacent properties and on all feeding roadways within 24 hours after a concert/event on the site. Said area shall be bordered on the west by County Road 83, on the south by County Road 16, on the east by the NSP substation road and on the north by Highway 101. 16. A Comprehensive Plan Amendment is to be submitted and approved prior to issuance of the Building Permit. 17. Ticket sales are to be limited to the state capacity of the facility, which is 17,000. 18. No event shall last longer than 11:30 p.m. 19. No pest control measures shall be taken that will have a detrimental effect on the environment. 20. Lighting shall be designed such that no direct light be emitted outside the facility. 21. Any change in use of this facility as stated in the application must be approved by this body (Planning Commission) . 22. That the City receive advance notice of all events and the anticipated attendance. 23. Helicopters will not be permitted except under emergency conditions. 24. Beside off-site ticket sales, no event ticket sales will be allowed in the immediate vicinity and prior to the parking of the vehicles inside the facility. 25. I£ traffic levels at Starwood exceed the criteria as set forth in this application, all ac-ivities must be curtailed until resolutions are found. 26. City legal staff shall review this resolution _ and all conditions contained within the resolution. The Planning Commission reserves the right to amend the resolution and its conditions to comply with legal opinion. A roll call vote was taken: Ayes: Comm. vanMaldeghem Comm. Pomerenke Comm. Czaja Comm. Schwartz Comm. Foudray Comm. Rockne Noes: Comm. Schmitt Shakopee Planning Commission August 20, 1987 Page 19 - Chair VanMaldeghem advised the applicant and the audience of the 7 day appeal process. Czaja/Schmitt moved to recommend to City COuncil that a special study be initiated to evaluate and recommend solutions to the problems created by our changing environment, mainly, but not limited to, the recreational entertainment facilities within and surrounding our City. This study should be focused on, but not limited to, issues such as increased traffic, noise, crime, etc. Motion passed unanimously. OTHER BUSINESS Motion by Czaja/Schmitt to table the approval of the July 30, 1987 minutes of the Planning Commission until the next meeting. Motion carried unanimously. Foudray/Czaja moved to adjourn. Motion carried unanimously. The meeting was adjourned at 1:25 a.m. Douglas K. Wise City Planner Peggy Swagger Recording Secretary fZD PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE City Hall Council Chambers August 12, 1987 Chairman Laurent called the meeting to order at 7:30 A.M. with the following members present: Gary Laurent, Jim Stillman, Joe Topic, Bill Wermerskirchen, Terry Forbord and Tim Keane. Members absent: Harry Kohler, Pete Sames and Melanie Kahleck. Also present were: Barry Stock, Administrative Assistant; Ken Ash£eld, City Engineer and Dennis Kraft, Community Development Director. Ginger O'Brien and sherry Consoer were also present representing Intra Designs Inc. Terry Forbord requested that the following items be added to the agenda under information, 1. Downtown Construction Project Update, 2. 169 Bridge Update, and 3 . Pellham Lot Update. Wermerskirchen/Topic moved to approve the agenda as amended. Motion carried unanimously. Stillman/Topic moved to accept the minutes of the July 14, 1987 meeting as kept. Motion carried unanimously. Mr. Stock stated that Ms. Ginger O'Brien representing Intra Designs Inc. had approached City staff stating their desire to appear before the Downtown Committee and discuss some of the design services that her company can offer. Mr. Stock went on to state that since the Downtown Committee is in the process of establishing some downtown design standards he thought it was appropriate for Ms. O'Brien to appear before the Committee to discuss some of the services that they might be able to provide to the City of Shakopee. Ms. O'Brien then stated that Intra Design specialized in the area of interior design but that they have had experience with exterior renovations. She specifically stated that her company had met with Mr. Pearson in designing the awnings for his building. Ms. O'Brien questioned if the City of Shakopee had a theme in mind for the downtown area. Chairman Laurent stated that the Downtown Committee was interested in creating a turn of the century look. Ms. O'Brien then questioned if the City had any design guidelines in mind for the downtown area. Mr. Stock stated that the Committee was in the process of reviewing and adopting a set of downtown design standards that would be utilized in conjunction with any rehabilitation or construction in the downtown area. Ms. O'Brien than questioned what the City' s time line was on proceeding with downtown rehabilitation. Mr. Stock stated that he hoped to have several City incentive programs in place prior to January 1, 1988. Later this fall or early next year he expected that the City would have to solicit requests for proposals from architectural or design firms who may be interested in contracting with the City for design services that would provide assistance to businesses -1- seeking rehabilitation or new construction through the various incentive programs. Mr. Laurent thanked Ms. O'Brien and Ms. Consoer for appearing before the Downtown Committee and stated that the City would be in contact with their firm at a later date when specific requests for proposals have been prepared for design services. Mr. Stock reported that he had been approached by Mr. Terry Hennen who questioned the equity of the current assessment policy. Mr. Hennen pointed out that the lot in which he is located is being assessed over $6,000. Other lots of similar size are being assessed approximately $3,300. Because the lot in which Mr. Hennen' s property is located is divided in to four separate parcels, the front footage used in calculating the assessment for these parcels was based on the Lewis Street frontage. Mr. Hennen stated that he did not think it was fair for this lot to be assessed over $6,000 just because it was owned by four separate individuals. He has pointed out that if the lot were owned by a single party the assessment would be $3,300. Mr. Wermerskirchen stated that the assessment policy used in conjunction with the Downtown Project was based on the earlier assessment policy used when the downtown parking lots were constructed. Mr. Laurent stated that Mr. Hennen' s estimated assessment of $1,200 is not unreasonable. Mr. Stock stated that he did not believe that this was the issue. Mr. Forbord stated that since these parcels fronted Lewis they were receiving benefit in proportion to their estimated assessments. Mr. Stock requested the Committee to table this issue until staff could do a comparison between the existing assessment policy and an assessment policy based on square footage. Mr. Stock also stated that he had informed Mr. Hennen that this issue would be tabled until a later date. Forbord/Stillman moved to table this issue until the next regular meeting of the Downtown Committee. Motion carried unanimously. Mr. Stock presented a set of downtown design standards for the Committee's review. Mr. Stock explained that the proposed design standards were prepared based on design standards followed in the communities of Eau Claire, Hastings, Red Wing and the Main Street Program. He went on to state that the design standards are merely guidelines that the City would use to encourage historic preservation. The proposed guidelines will be incorporated in to the economic development incentive programs that are developed for use in the downtown area. Those individuals applying for assistance through these programs would be strongly encouraged to follow the proposed design guidelines. Mr. Keane suggested that it might be appropriate for the City to establish a design review committee to oversee any new development or redevelopment in the downtown area. Mr. Wampach questioned the funding source for any downtown incentive programs. Mr. Stock stated that there are several alternative sources of funding including tax increment surplus, HRA reserve fund and retired assessments that were -2- initially paid for with tax increment financing. Mr. Wampach _ then questioned if the City Building Inspector was going to survey the buildings in the downtown area to determine if it would be more cost effective to rehabilitate or demolish certain structures in the downtown area. Mr. Stock stated that he hoped to do a complete inventory of the properties in the downtown area prior to initiating any economic development programs in the downtown area. Mr. Keane questioned how new buildings would be effected by the proposed downtown design standards. Mr. Stock stated that a new condition could be added under general standards relating to new construction. Mr. Forbord suggested that staff develop a set of separate design standards for new construction in the downtown area. Mr. Keane suggested that these guidelines could focus on the design goals of the Downtown Committee and might incorporate credits for building vertically and incorporating court yard space. He also suggested that the design guidelines could focus on the appropriate building materials for new construction in the downtown area. Wermerskirchen/Keane moved to approve the . Downtown Design Standards and recommended that they be forwarded to City Council for approval and incorporated in to all City incentive programs utilized in the downtown area. Staff is also directed to prepare a separate set of design standards for new construction in the downtown area. Motion carried unanimously. Mr. Ashfeld gave a brief report on the downtown construction stating that the project was on schedule and they have received no complaints from property owners in the downtown area at this time. He also stated that he and Mr. Stock had met with representatives from First National Bank and they are going to improve their parking lot to coincide with the streetscape elements proposed in the downtown area. Mr. Ashfeld then gave a brief update on the downtown bridge stating that the City is in the process of selecting a consultant to complete the final design of the right-of-way alignment for the bridge. Mr. Ashfeld then went on to state that the City is considering several options for a foot bridge across the river connecting the trail systems. He stated that one option being discussed at this time is to utilize the piers of the existing bridge for a new foot bridge across the river. The problem with this alternative is that no one is very excited about taking responsibility for the bridge once it is completed. Mr. Keane stated that he felt it was very important for the City to create a strong point of entry in to the downtown area. He went on to state that he thought the Committee should consider addressing the types of elements or themes that they want to incorporate in to this point of entry. Mr. Laurent stated that he agreed that this was a separate issue that should be addressed in the near future. Mr. Wermerskirchen stated that he felt it might be more appropriate to wait until we know the exact location of the right-of-way alignment. Mr. Keane suggested that -3- the consulting engineers report back to the Committee when the horizonal points for the right-of-way have been determined. Mr. Forbord also suggested that Tim Erkkila representing Westwood Engineering be incorporated in to this process. Mr. Ashfeld stated that it was obviously premature for the City to construct this point of entry at this time but he agreed that the City should investigate plaza schemes and point of entry themes during the design stage of the new bridge. He recommended that bridge head improvements should be strongly considered. Mr. Stock gave an update on the Pellham lot. He stated that Mr. Dave Brown has approached the City regarding the possibility of creating a tax increment project for this site. Mr. Brown is proposing to exchange his lot for the City parking lot. Initially Mr. Brown proposed a one story office building for this site. Mr. Stock reported that staff is trying to encourage Mr. Brown to build at least a two story structure and also investigate the possibility of purchasing the entire half block. Mr. Keane stated that it was important for the Downtown Committee to discuss in greater detail the type of development the Committee wants to see occur in the downtown area. He stated that the block in question was very crucial in redeveloping the downtown area. It was the consensus of the Downtown Committee to meet in two weeks to discuss the role of the Downtown Committee in encouraging appropriate development in the downtown area. Forbord/Wermerskirchen moved to adjourn the meeting at 9:10 a.m. Motion carried unanimously. Barry A. Stock Recording Secretary -4- MEMO TO: John K. Anderson, City Administrator / FROM: Ken Ashfel d, City Engineer SUBJECT: August Project Status Report DATE: August 25 , 1987 Attached is the project status report for the month of August. The following is a summary of activities. Project Under Construction Parks Project: Paving on Hiawatha Park remains to be completed as well as some additional trail work to complete the restoration at the new Chamber building. 13th Avenue (C.R. 89 — East) : Grading & underground work is now completed with base construction to follow. 1987 Pavement Preservation — (Overlay) : The contractor is profiling the pavement in preparation for surfacing. This profiling will eliminate an edge at the gutter line as a result of the overlay. Downtown Streetscape Project: The underground utility work has been completed on 2nd Avenue and Lewis Street. Concrete work is scheduled to begin on August 31 . This project has been progressing relatively smooth with excellent cooperation from the merchants in the project area. One complication involved the undermining of Betti Lu' s shop during installation of the sanitary sewer service up to the store front. The building did not and does not have a foundation around the building which caused the undermining. It was imperative that immediate action be taken and with the assistance of Lee Houser, the problem was corrected. Lee managed to get a building contractor in on late Friday and early Saturday to construct a foundation in the area that was undermined. The First National Bank is planning on rehabilitating their parking lot to coincide with the streetscape scheme. This will be a private contract between the bank and the contractor. The Engineering Department is acting as liaison between the contractor and bank and assisting the bank in design layout to the extent that we see benefitting the overall project such as access locations, etc. Other Proiects Bids are being taken on August 28 for the Heritage Place development and the Marschall Road watermain and sanitary sewer. Bids are being taken on September 18 for Vierling Drive through Hauer' s 4th Addition. Plans are completed in preliminary form Project Status August 25, 1987 Page 2 for the Upper Valley Drainage Project and are being reviewed by Mn/DOT. Apparently, Mn/DOT has now earmarked $172 ,000 for contribution to this project. A proposed bid letting date has not been programmed as of yet. The developers of the Canterbury Estates plat (Robertson pit) has complications with the final purchasing of the property for the plat. Until the property is purchased, the final plat will not be completed. Council ordered plans and specs for the VIP extension but the alignment of the VIP and Upper Valley drainageway are tied to the final platting. Adoption of assessments for the following projects are scheduled for September 8, 1987. Heritage Place Marschall Road Water & Sewer 13th Avenue (C.R. 89-East) Valley Park Drive North KA/pmp -------- ----- ----- ----- ----- ----- ----- ----- ----- ----- - ----- ----- ----- ----- ----- ----- ----- ----- ---- - -- ----- ----- ----- - --- ----- ----- ----- ----- ---- ----- ----- ----- ----- ---------- ----- ----- ------- ----- ----- ----- ----- ---- ----- ----- ----- ----- ----- ----- ----- ---- - ----- ----- ----- ----- ----- ----- ----- ----- ---- ----- ----- ----- ----- ----- ---------- -- -- ----- ----- ----- ----- ---- -- ----- ]-- -�-- -- ----- ----- ----- ----- ---- -- ----- ----- ----- ----- ---- ----- - -- -- --- ---- --- ----- ----- ----1------------1----- ----- ----- ----- ------- -- ----- --- - -- - -- - --g- ----- ----- ---- -- ----- ---------- ----- ----- ----- ----- ----- ----- -- ----- ----- -1-----IJ -- ----- ---- Ah R - ----- ------ ---_ ____ ____J_-__J__3_ _-a_ ----- ---- ---- ----1---- --g- ---- --3-�-- - -- - s -- -------------- ---- --------- --------------1 - ----- ----- ----- ----- ----- ----- ---- 1 - --�----- ® --- ---- -- s----- I----- - ---- ----1---- - _ 1----- ----- ----- ----- ----- -----11 � s=a-¢---- ----- - ----- ----- ----- ----- ----- ----- i -------- ----- ----- ---- ---- ---- ---- ---- - _-- -- - -- - --- ----- ----- ----- ----- ----- -- ----- ----- ----- ----- ----- -11 - 1 - ---- ----- ----- ----- ----- -- --- ----- ----- ----- -- -- - ---- --- — ---- -- — ---- ----J---- ---- ---- ---- ---- =a�— �— — — ------- ------1----1---------1 - - ----- ----1 - ----1----1------ ---------------------- ---- - ----- ---------] - - ---- -- ----- -- -- ---- ---- - ------- ----- ----------1----I----1-- - ------------ - -- -� _ a � g1 � A ---- ----- -- ---- --- ----- ----- ----- ----- ----- ----- ----- -- ---- --1---- -------------- --- ------------1-------------- ----------- e - � L ? - ------ ---A--Aa --------- ---- --- m--- =----�-- - --� 1----1----1- --- ----- ----- ----- --I-� 2� a 1 1 6 ---- ----1---- ga- ----- ----- ---- - ---- --- ----- ---- ---- lag It - � - d � � _ -------- ---- --s-1 a ------------------ _ - i it X11 X11 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 1, 1987 Mayor Reinke presiding 11 Roll Call at 7:00 P.M. 2] Recess for H.R.A. Meeting 31 Re-convene 41 Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 Approval of Consent Business - (All items listed with an 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. ) *7] Approval of minutes of August 4th and 17th, 1987 81 Communications: (Items noted for consent will be received and filed) a] Judy Glasford re: downtown flags b] Leo Mc Govern Sr. re: storm water drainage bill c] Robert Vierling re: complaint concerning animals *d] George Kehoe re : regional meeting of .League of Mn. Cities *e] Steve Keefe, Met Council re: programs available for older people f] Liz Will re: League of Mn. Cities 75th anniversary g] Dave Drealan re: Southwest Communities Coalition h] Thomas Lannon, Deputy Auditor re: Tax Forfeiture Sale 9] Public Hearings: a] 7:45 P.M. - Appeal of Board of Adjustment and Appeals denial of a variance from front yard setback requirements for property located at 620 West 5th Avenue b] 7:45 P.M. - Continuation of public hearing held August 4, 1587 on the proposed improvements to Vierling Dr.between CR-16 to CR-17 by streets, storm sewer, watermains, and sanitary sewer 10] Boards and Commissions: Downtown Committee : a] Downtown Design Standards - Buildings (Res. No. 2784) Energy and Transportation Ccmmittee: *b] Request for 1987 Regional Transit Board Budget Amendment *c] Expanded Dial-A-Ride Service Hours *d] Home Energy Check-Up/Minnegasco Project Extension Planning Commission: *e] Approval of Registered Land Survey for City owned property in Block 29 (public library) - Res. No. 2780 f] Study Regarding Impact on Commercial Recreational Development on the City uogesgsTuTwPV AgTO u0slapuV '7I ugof 'id'd OO: L qU L86T '8 aagwagdaS 'Bepsony og uanoCpV [VT [o [q 4a8Pn8 8861 PaPu@=O0a3 S ,JO4vd4sTuTwpV AgTO 30 uoTgngTjqsTQ [U :ssauTsng aagg0 [£T uo?goaTZ IUTOadS V sO3 BuTTTVO - Z8LZ 'ON 'Sag [3 AgTO pue 8OaG=O'J 3o aagw qo uaamgag quawaaa?V aseaq BUTpuawV - SBL? 'ON 'sag [a„ VT-L86T 'squawanojdwl aoUTd aBegTsaH uo pT8 SuT4deooV - LSLZ 'ON 'sag [P. b-L86T 'uTUwsagUM PUOg TTU40ssUW uo PTg BuTgdaooV - 98L? 'ON 'sag [o. T-986T 'STe,xageq uTsag 'qS sawTOH uo NaoM BuTgdaooV - 98LZ 'ON 'sag [q aATaG BuTTaOTA UO 2=jaUd Bu?goTsgsag - £8LZ 'ON 'sag [U+ :SaouauTPsO Puu suo?gnTOsag [ZT anbizTuO ssaoOJd BUTuuUTd 01Ba4va4S [x. Spund neo? UOTZTSTnboV BUM-3O-474BTg u 4TIodo,z4aN g4TA Pe. TnboV STaOSUd so3 squeuaAOD aAT40Ts4sag pue 94u9waQa2V [ C+ ' ouI gnTO uewTTnd Aq. smeq .zonbTq- 3o uOTgeTOTA (T saTgUS 1006 3o BuTsu90T7 [g - WV OO:OT qe Bul=TBag AUpunS uo sonbTZ 30 aTUs [B LO'99£`88$ 3o qunowV uT STITg OAwddV [3 quawq.xedaQ 93i1oM OTTgnd - sasegosnd quawdTnbg TUgTdUO [a+ aTOTgaA aATgUBTgsanuI pass 3o esugojnd [P. ssapdO a2uW40 aAT40adsOsd 43000Sd adUosgaasgS umoqumOQ [0 08LZ 'sag - ZT-L86T 'uiPPV qqb s ,uanUH gBno.xgg aAIJU BuTTsaTA [4 aATUA moTa-N3U9 s ,Bdag uam0 pue aua0 [U+ [00:6 punoav xUaaq agnuTw OT U aNu4 TTTm TToun00] :33U4S wos3 sgsodag [TT Omy aged 486T IT aagwagdaS VQNZOV ZAISVZNZZ TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Adjourned Session September 1, 1987 Chairperson Leroux presiding 1. Roll Call at 7:00 P.M. 2. Satisfaction of Mortgages 3 . Shakopee Valley Motel Tax Increment Financing Project 4. - Other Business 5 . Adjourn Dennis R. Kraft Executive Director # a MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: Satisfaction of Mortgages DATE: August 28, 1987 Introduction• In the Fourth and Minnesota Neighborhood Revitalization Project the BRA provided lots to lower-income families conditioned on those families continuing to reside in the homes purchased for at least five years. Residence for a shorter period would require prorata repayment of the lot value. Background: Robert and Mary Heimerman of Lot 5, Block 3, Macey's Second Addition, executed August 19, 1982; Lois M. Keim of Lot 3, Block 3, Macey's Second Addition, executed August 31, 1982; and Mark and Jeanne Foudray of Lot 4, Block 3 , Macey's Second Addition, executed August 31, 1982, have met the five year requirement of the promissory notes. Requested Action. To authorize appropriate BRA officials to execute and deliver Satisfaction of Mortgages to Robert and Mary Heimerman for the property located on Lot 5, Block 3, Macey's Second Addition; to Lois M. Keim for the property located on Lot 3, Block 3 , Macey' s Second Addition; and to Mark and Jeanne Foudray for the property located on Lot 4, Block 3 , Macey' s Addition. � 3 MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: Shakopee Valley Motel Tax Increment Project DATE: August 19, 1987 Introduction• At the August 18, 1987 BRA meeting the HRA directed the staff to meet with Mr. Wallace Bakken and provide additional detail on Mr. Bakken's most recent plans for his motel, restaurant, campground project. Background• This project was approved by the HRA during the summer of 1986 and at that time tax increment bonds in the amount of $500,000 were issued for various public and private improvements. The attached HRA memo of August 14, 1987 provides both more detailed background information on the project and it also outlines Mr. Bakken's request for the receipt of some tax increment bond proceeds upon completion of the campground. Attached also please find an amended and restated contract between the City and the HRA for this project. This amended contract provides for new dates of completion for the project and indicates that Mr. Bakken will have completed his campground by January 2, 1988 and the campground will have a minimum market value of $855,600. Also included for the HRA' s consideration is an assessment agreement between Mr. Bakken and the HRA. This assessment agreement has been reviewed by Mr. Krass, the Assistant City Attorney as well as by Mr. Bakken' s attorney. The agreement was prepared by Mr. Jim O'Mera, an attorney with O'Connor and Hannan. As was indicated at the meeting of August 18, the financial analysis prepared by Springsted and Associates indicates that it is possible to give Mr. Bakken an amount of $100,000 once he has completed the work on the Jellystone Park Campground. The calculations by Springsted indicate that the City will remain in a positive cash flow situation for this bond issue. Alternatives: 1. Approve the amended contract with the Shakopee Valley Motel which will provide the motel in the amount of $100,000 once the Jellystone Campground is finished in a manner consist with the agreement. 2. Inform Mr. Bakken that the BRA expects the conditions of the original agreement to be complied with, with the exception of the deadline dates contained therein and that no funds will be released until such time as all of the improvements are completed. Staff Recommendation: Alternative #1 is recommended with the stipulation that Mr. Bakken signed the attached assessment agreement prior to the time that any tax increment funds are dispersed. Action Requested: Move to approve Resolution # 87-4 authorizing an amount of $100,000 to be conveyed to the Shakopee Valley Motel and Mr. Wallace Bakken at such time as the Jellystone Park Campground phase of the Shakopee Valley Motel project is completed, provided that the Jellystone Park component has a minimum market value of . $855,600. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 4, 1987 Mayor Reinke called the meeting to order at 7: 05 p.m. with Cncl. Wampach, Vierling, Leroux and Clay present. Cncl. Lebens was absent. Also present were John K. Anderson, City Administrator; Douglas Wise, City Planner; Dennis Kraft, Community Delvelopment Director; Ken Ashfeld, City Engineer; Julius A. Coller, II. , City Attorney; and Judith S. Cox, City Clerk. Wampach/vierling moved to recess for HRA. Motion carried unanimously. Wampach/Clay moved to reconvene City Council at 7:07 p.m. Motion carried unanimously. The City Policy of Non-Discrimination on the Basis of Handicapped Status was read by Mayor Reinke. Cncl. Clay gave a liaison report on the recent public hearing by the Planning Commission. Cncl. Leroux stated he had received a call concerning handicapped accessibility at Canterbury Downs, both in parking and accommodations for viewing races. There was discussion. Leroux/Vierling moved that the Building Inspector be requested to check on handicapped accessibility at Canterbury Downs. If it is found that the facility meets only minimum standards for handicapped accessibility, Cncl. Leroux asked whether Council would be willing to converse with Canterbury Downs about expanding what is currently available. He also asked that the press might wish to make some mention that if people are having difficulty gaining handicapped access to Canterbury Downs, it would be interesting to hear about the problems. The motion carried unanimously. Leroux/Vierling moved the consent business. Cncl. Wampach asked that item 13b (issuance of bonds) be held from consent business. Motion carried unanimously. Leroux/Vierling moved approvgil of the minutes of the July 7 and July 14, 1987, City Council meetings. (Approved under consent business) . Mayor Reinke indicated that inasmuch as the Planning Commission tabled the Starwood Music Center Public hearing, Council would also table this item. Cncl. Leroux addressed a memo concerning concerts and amphitheatre review wherein it stated that residents in attendance at the public hearing questioned whether any of the Planning Commission members had ever attended a rock concert. city Council August 4, 1987 Page 2 Also, it is being recommended that a committee be formed to attend a rock concert, preferably in a setting such as would exist in this community if the project were approved. He questioned whether there was a definition of "rock concert" offered at the public hearing. Mr. Kraft stated he did not think a clear definition was offered, however, the intonation was in a negitive manner. Discussion was held. Leroux/Vierling moved that a committee of two members from Council, two from the Planning Commission, one from City Staff and one interested citizen not from amongst the leaders of the opponents or proponents be formed to investigate and attend a rock concert. Roll Call: Ayes: Wampach, Vierling, Leroux, Clay, Mayor Reinke Noes: None Motion carried. Vierling/Leroux moved to open the public hearing on Proposed Improvements to 13th Avenue between CR-16 to CR-17 by streets, storm sewer, watermains and sanitary sewer. Motion carried unanimously. The public hearing opened at 7:38 p.m. The City Engineer stated that the purpose of this hearing is to consider a public improvement consisting of building Vierling Drive from County Road 16 to County Road 17, the main consideration being that portion extending in a westerly direction to County Road 17. He noted that in the feasibility study it was pointed out there is one property owner involved with this particular project area. The pertinent information and figures were given to the property owner some time ago, but he has not yet reviewed all the information as it would relate to the marketing and development of that property and they are requesting continuation of this public hearing for one month. Mayor Reinke noted that it appears there would not be any construction begun this year in regard to the section problem in Hauer' s 4th Addition to County Road 16. He stated this has been a concern as far as traffic patterns in that area and it was desired to have that section built as soon as possible for school bus and construction traffic. The City Engineer noted that one thing that could be done to expidite this is to let bids on the project, but not award them until State Aid signs off on the plans. He indicated that if that is desired, they would prepare plans to be brought back to Council for approval and that they could begin the bid letting process. Cncl. Leroux questioned if the public hearing were continued for one month, if that would not affect the portion in Hauer' s 4th Addition. The City Engineer noted that if it is desired to move City Council 7 August 4, 1987 Page 3 ahead with portion on Hauer' s 4th Addition, Council could authorize them to take bid-letting. The particular costs of that project could be itemized and those which are the developers responsibility spelled out. They could then move ahead with the project and the developer would provide that dollar amount to the City. There was discussion concerning putting the utilities in now or at a later time. It was noted that if done now, some future costs might be avoided, as well as street cuts. A disadvantage would be that if utilities are in place and there are design changes, they may have to be moved. Leroux/Clay moved to continue the public hearing to September 1, 1987. Motion carried unanimously. Leroux/Clay moved that the Engineering Department be directed to proceed-with bid preparations and receiving bids for the portion of Vierling Drive from County Road 16 through Hauer's 4th Addition. Motion carried unanimously. Leroux/Vierling moved to open the public hearing for the propsed extension of the V.I.P. sanitary sewer from County Road 17 to County Road 79. Motion carried unanimously. The City Engineer noted that this public hearing concerns the extension of an in-plce interceptor for sanitary sewer collection located at County Road 17 and extending that to County Road 79 in an effort to accommodate a proposed housing development that is through the preliminary plat approval stage. Some impacts of this particular project were reviewed with Council, as well as the levels of assessments. The method of calculating trunk and interceptor costs was presented and discussed. The City Engineer pointed out that a part of the area concerned is now (as of last Friday) a part of the City. The original proposal was to carry the costs through as system costs until the interceptor was extended into that particular area. However, now that this is part of the City, they can petition for the service pipe from that interceptor to be extended at any time. This area then does, indeed, receive benefit from the proposed lines. Mayor Reinke related that to his knowledge, although that area is now City, it is not yet included in the Municipal Urban Service Area. The City Administrator stated there would need to be a plan amendment to extend the MUSA line. The City Engineer noted that they could continue with the current process and in the future a feasibility study and assessment for costs associated with that particular property could be done when the benefit is realized, or continue this hearing for two weeks and provide notice to those property owners that they are properly notified of the hearing, hold the hearing, and then assess that property. It was the City Engineer's recommendation City Council August 4, 1987 Page 4 The costs be carried throught and assess that particular area when benefit is realized,or when an extension of the V.I.P. is requested. Council discussed various aspects of costs in this project as compared with other such projects. Mayor Reinke asked for comments from the public at this time. Jerome Vierling, 1461 County Road 79, requested clarification of whether this area was all R-2. The City Engineer noted there is some property to the southerly line of Canterbury Estates that is zoned Ag. The zoning of the area involved was reviewed. The City Engineer felt that until the property is rezoned to some form of residential, they would not realize full potential of the trunk. Cncl. Vierling questioned how her property on CR-79 North of the Bypass would benefit from this. There was discussion and it was noted a question to be considered is what the property would be used for in the future. It was suggested that Cncl. Vierling could discuss thismatterwith the City Engineer at a later time. Leroux/Clay moved to close the public hearing. Motion carried unanimously. Wampach/Leroux offered Resolution No. 2770, A Resolution Ordering An Improvement And The Preparation of Plans And Specifications for VIP Sanitary Sewer Extension Project No. 1987-13 and moved its adoption. Roll Call: Ayes: Wampach, Leroux, Clay, Mayor Reinke Noes: None Abstain: Vierling Motion carried. wampach/Clay moved to authorize the proper City Officials to execute an agreement with Orr-schelen-Mayerson & Associates for the design of the VIP Extension Project at a cost not to exceed $14,500. The City Engineer noted that if there is not an immediate need to install this project, the engineering could be done by Staff, but he was of the impression that it was desired by the developer to have this interceptor installed as soon as possible. Cncl. Wampach modified his motion in that Orr-Schelen-Mayerson & Associates will not be used for this unless the developer requests that this be done as soon as possible. It was clarified that this modification will allow either action to be taken as appropriate. City Council August 4, 1987 Page 5 Roll Call: Ayes: Wampach, Clay, Mayor Reinke Noes: None Abstain: Leroux (was not present at the time of the motion) , Vierling Motion carried. Leroux/vierling moved to open public hearing for the Appeal of Board of Adjustment and Appeals denial of variances regulating the construction of accessory buildings for property located at 1199 Quincy Street. Motion carried unanimously. The hearing opened at 8: 45 p.m. The City Planner reviewed the background regarding this matter, noting that Mr. Gerald Schesso, owner of the property, has appealed the decision of the Board of Adjustment and Appeals denying a variance for an accessory building. The accessory building is already in place. Mr. Schesso began building a large boat in his backyard and this Spring constructed a large structure over. the boat. There are three variances needed in order for this building to be allowed to remain: (1) to allow the building to be ten feet higher than the principle dwelling, ( 2) allowing an accessory structure to exceed 10% of the lot area by 720 square feet, and (3) to allow an accessory structure to be located nearer the street than the principle dwelling by ten feet. Assistant City Attorney, Mr. Krass, was present as he was involved in the initial hearings regarding this issue. Mr. Leroux asked him to claify a statement in the Board of Adjustment and Appeals minutes indicating that a variance cannot have a time limit. Mr. Krass noted that ordinarily time-lines are more a part of a condition and properly belong to a Conditional Use Permit as .opposed to a variance. He felt this situation, however, because of its uniqueness called for some creativity in interpreting the ordinance. Considering the nature of this variance request and the use of structure involved, he related he would give an opinion that a time-line on this variance, should Council choose to grant it, would be in order. There was discussion. Mr. Krass related that as he understood the testimony at the Board of Appeals, the construction of the boat cannot occur without the structure, and having granted the right to construct the boat, he thought that "extraordinary circumstances" as referred to in criteria for granting variances are created in that the boat cannot be constructed without the structure for which variance is being requested. He noted that in his opinion a decision made in either direction would be supportable. Insofar as a policy decision, he shared Council' s lack of concern about precedent in this situation. Cncl. Leroux stated he felt city Cob •^_il August 4, 1987 Page 6 at some point soon Council should do something to clarify this ordinance so no further enterprises of this nature would be undertaken. Cncl. Wampach wished to hear from the applicant about what would happen if this variance were not granted. He felt the City had some obligation, especially insofar as the example being set to the rest of the young people in the community as far as determination and accomplishment and what you can do if you set your mind to it. He felt that although this is a large project, there will be good publicity for those building it and for the city as well. The City Administrator noted for audience clarification that in this particular situation there is a good portion of the building permit request process that staff and the applicant agreed to, and a portion that there is an honest difference in opinion on which was how much the City Staff actually knew about the scope of this project. Since the onus tends to fall on Staff in making sure all aspects are covered, however, this muddied the situation. Gerald Schesso, 1199 Quincy Street, addressed Council noting that in the beginning, the construction book for the project was brought to City Hall which laid out the entire plans. In that book is a chapter on preparation to build, which includes a section on framing up for a plastic building. A Staff person at that time said they did not need to see anything further, that if they owned the property they were welcome to build a boat, and so construction was begun. They have invested $30,000 to $40,000, in this project. They asked neighbors if they had any objections to this project and they did not; several neighbors help on it when they can. He has yet to receive any negative comments on the project. He noted that moving the boat could be detrimental at this point, plus costs that would be involved with moving the boat, rental of a space in which to work on it, milage, time, etc. They anticipated completion by Fall of 1988 and he noted that if it is not completed at that time, it would be relatively close enough to completion so it could be moved and finished elsewhere. At this point, Mr. -Schesso related his best time estimate for completion of the project is 12 to 15 months under ideal conditions. The structure is as large now as it will be and it is not their intent to enclose the structure. Vierling/Leroux moved to close the public hearing at 9:15 p.m. Motion carried unanimously. Leroux/Wampach offered variance resolution of the City Council CC-496 and moved its approval with a time-line of expiration date of July 31, 1989. Mr. Schesso asked whether if need be at the City Council / August 4, 1987 Page 7 end of that time, he could come before Council and request an extension. He was informed that he could do so, but that would not necessarily mean that it would be granted. vote was taken and the motion carried unanimously. Leroux/Clay moved to open public hearing on the Appeal of Board of Adjustment and Appeals denial of an 18 foot front yard setback variance to build an attached garage at 1015 East Shakopee Avenue. Motion carried unanimously. The public hearing opened at 9:18 p.m. The City Planner gave Council a background on this matter, noting Steve Plonski was appealing denial of a variance of 18 feet from the required 30 foot front yard setback for construction of an attached garage. Mr. Plonski addressed Council, noting the point made about possibly building a detached garage was that by doing so it would take the only view they have from their back window to their yard. He also related that a lot of dirt was hauled in for fill in thebackyard and that it is still settling. There is also a watershed that runs through the backyard. He pointed out that the house was already constructed when they bought it, so they did not have any input into how the house was placed on the lot. Dawn Plonski stated that since the time of their original request, they have dropped the request variance down by four feet. She also pointed out that they found through research of records that there were two variances of 11 and 15 feet previously approved by Council and that this occurred after the ordinance was in effect. She felt the traffic on those locations is heavier than on their street. Also, that their vehicles have been parked in the spot where the garage -would be built for a number of years, so people are used to slowing down and looking around the corner. Cncl. Leroux stated he would like to have both of the variances referred to brought back to Council so the causes for granting those variances can be determined. Council also asked that the Engineering Department provide some information on the slope of this particular lot. Leroux/Vierling moved to continue this hearing to August 18, 1987, at 7:00 p.m. Motion carried unanimously. Leroux/Vierling moved for a ten minute recess. Motion carried unanimously. The meeting recessed at 9:35p.m. City Council August 4, 1987 Page 8 Vierling/Clay moved to reconvene the meeting at 9:48 p.m. Motion carried unanimously. Leroux/Vierling moved to direct Staff to administer the Downtown Streetscape Project so that assessments for the entire project area are adopted in 1988 and that capitalized interests on the project is assessed. (Approved under consent business) . Leroux/Vierling moved to appoint a consultant selection committee comprised of Jerry Wampach, City Council; Ken Ashfeld, City Engineer; Tim Johnson, Mn/DOT; and Steve Alderson, Met Council, for the purpose of selecting a consultant to design the T.H. 169 Mini Bypass located in downtown Shakopee. (Approved under consent business) . The City Engineer reviewed a memo Council received concerning the railroad corridor improvement project that has been pursued for the downtown .area. The Mn/DOT findings were noted. Their requirements of closing four crossings is a saftey improvement issue and is seen as a method of justifying the cost of the improvement. He noted he was recommending as an initial counterproposal that Apgar and Naumkeag be closed and if this is not acceptable with Council, then further pursual of that should be done. In that case, he indicated he would still want to pursue obtaining the rubberized crossings. There was discussion. Leroux/Vierling moved that Staff notify Mn/DOT that Council is not amenable to closing any crossings in the downtown area and that Staff be further directed to begin negotiations with the railroad for undergrounding the communications lines, rubberized crossings and any signalizations which may be necessary. Cncl. Wampach noted that there have not been accidents at the crossings on Naumkaeg and Minnesota Streets, but that there have been alot of "near misses" . He felt that when dealing with the railroad, it should be included that the City should get some type of warning signals on those crossings. The City Engineer stated he would review the signage situations in those area. Cncl. Wampach also asked that Staff review the possibility of having some speed limitations on the trains as they travel through and out of the City. Several Council members responded that the City couldn't control train speeds. Roll Call: Ayes: Wampach, Vierling, Leroux, Clay, Mayor Reinke Noes: None Motion carried. City Council August 4, 1987 , Page 9 The City Engineer presented information on traffic control and regulatory signage for Fourth Avenue and Fuller Street. It is proposed to relocate the stop signs on Fourth Avenue and Fuller Street from a stop on Fourth to a stop on Atwood and to remove the yield signs on Fourth Avenue at Fuller Street and install stop signs to institute a stop condition an Fuller Street at Fourth Avenue. He added comments received from the Public Works Superintendent indicating that the grades on Fuller are such that it is a difficult area to keep de-iced in the winter. Leroux/Wampach moved to replace the yield signs on Fourth Avenue at Fuller Street with stop signs. The City Administrator expressed the need for some overall guidance on this matter, because when improvements are made in trying to get systematic traffic signage, a concensus is not reached and improvements are done intersection by intersection, thus ending in a piecemeal effect. There was discussion. It was noted a study on signage in the City was previously requested, but as yethad not been received by Council. Motion failed with Cncl. Clay, .Vierling & Mayor Reinke opposed. Clay/Vierling moved to remove the yield signs on Fourth Avenue and install stop signs on Fuller Street. The City Engineer noted he had spoken with the County Engineer, as these are both county roads, and he indicated he was in favor of stop signs either on the north/southbound legs or the east/westbound legs, but that something should be done with the yield signs. Cncl. Leroux stated he felt it would be very dangerous to put a stop sign on Fuller Street because of the icy conditions on a slope. Motion carried with Cncl. Wampach and Leroux opposed. Leroux/Vierling moved to nominate Bill Preiss to fill an unexpired term on the Community Recreation Board expiring January, 1988. (Approved under. consent business) . Leroux/Vierling moved to nominate Terrance Joos to fill an unexpired term on the Industrial Commercial Commission expiring January, 1990. (Approved under consent business) . Leroux/Vierling moved to nominate Laura E. wermerskirchen to the Community Recreation Board along with Bill Preiss. Motion carried unanimously. Leroux/Vierling moved to drop plans to draft an ordinance regulating grills and barbecues on decks. (Approved under consent business) . City Council August 4, 1987 Page 10 Leroux/Vierling moved to authorize an additional allocation of $1,215.88 to Shakopee Community Recreation for inclusion in its 1987 Budget from General Fund Contingencies which has a 6/30/87 balance of $77,561. (Approved under consent business) . Leroux/Vierling moved that the appropriate City Officials be authorized to enter into the Home Energy Check-up Program Agreement with Minnegasco. (Approved under consent business) . The City Administrator indicated Council received a memo for review from Barry Stock, Administrative Assistant, which attempts to answer additional questions asked by City Council at the last meeting concerning the U.S. West Economic Development proposal. He related that the State of Minnesota, along with a number of other states in the U.S. West service area are competing for a major research center which would have about 1500 engineers or techincians. The question before Council in preparing a - development package is whether to offer any City incentives. Questions regarding tax increment financing, what other communities are doing and alternative ways to package a proposal were covered in the communication. There was considerable discussion with various pros and cons voiced in this matter. Leroux/Vierling moved to recommend that the appropriate City Officials be directed to inform U.S. West that the City of Shakopee will provide development assistance to U.S. West in the amount of $2,000,000 should they decide to locate their research and technology facility in Shakopee, plus Staff be directed to identify additional facilities that may be needed to support such a facility and identify their costs and time frames. Vote was taken and the motion carried with Cncl. Wampach and Clay opposing. Leroux/Vierling moved to direct Staff to continue following Administrative Policy #115 ("Flower" policy) dated -1/9/85. (Approved under consent business) . Gregg Voxland, Finance Director, presented information requested by Council on "available" cash, as Council had discussed using such to reduce the tax levy for a new City Hall. After reviewing the various fund balances, Mr. Voxland stated it is his recommendation to remain with the current policy and continue past practice and transfer funds after bonds are paid off into the Capital Improvement Fund or other debt service funds. The information presented was discussed. City Council 7 August 4, 1987 Page 11 The City Administrator stated a decision needs to be made on how much money from those fund balances it is desired to contribute to the new City Hall so the newsletter can be prepared and sent and discussion can begin about what the level of the bond election will be. A review of the cost of the project was given by the City Administrator. Leroux/Vierling moved that surplus debt service funds be transferred into the Capital Improvement Fund after the bonds are paid off and that of the 1974 improvements, 1976 improvements, 1977 A and 1977 C improvements, which total approximately $572,000, $350,000 of that amount be set for the building of a new City Hall. Cncl. Clay questioned if Mr. Voxland was comfortable with that motion and he indicated that he was. Motion carried unanimously. Leroux/Vierling moved to accept the proposal of Jasper, Streefland & Company for 1987 audit services in the amount of $8,000 and that the City Administrator is authorized to execute the Understanding of Engagement. (Approved under consent business) . Leroux/Clay moved approval of the bills in the amount of $267,593.94. Roll Call: Ayes: Wampach, Vierling, Leroux, Clay, Mayor Reinke Noes: None Motion carried. The City Clerk stated a new State law effective August 1, 1987, allows a municipality, by ordinance, to authorize an on-sale wine licensee who also has an on-sale nonintoxicating malt ligour license and whose gross receipts are at least 60% attributable to sale of food, to sell intoxicating malt ligour on-sale without an additional license. Leroux/wampach moved to direct Staff to prepare an ordinance which would permit the sale of strong beer under the State requirements. Motion carried unanaimously. At the last meeting Mr. Stan Ockwig, General Manager of the Canterbury Inn, requested Council to consider amending City Code to expand the sale of intoxicating liqour on Sunday to include 10:00 a.m. to 12:00 noon. The City Clerk reported Staff had checked with professional convention planners to see if the sale of liqour on Sunday prior to 12:00 noon was a consideration in selecting a convention site. The responses received were reviewed. City Council August 4, 1987 Page 12 Mr. ockwig addressed Council, noting that as he had previously explained, this is not a primary money-making proposal in itself, but rather that it is being requested so they are able to have this available as a marketing technique. Cncl. Leroux noted he would be amenable to this, but only for Class C license holders which would restrict this to hotel/motel/restaurant facilities. Cncl. Clay felt that may create an unfair competitive situation for other resturants in the City. There was further discussion. Vierling/Wampach moved to set a public hearing to consider whether or not the City should permit the sale of liqour prior to 12:00 noon on Sundays and make a decision based upon what is heard at that time. There was discussion and Cncl. Leroux stated he did not wish to see this opened up and suggested that this be limited to a Class C license. He felt also that aside from the present motion, actual legal opinion should be obtained as to the ability to limit this to Class C license holders. Leroux/Vierling moved to amend the motion that a public hearing be held for Class C licenses only and that a firm legal opinion be solicited for that case. Mayor Reinke questioned the amendment as to whether this is restricting comments that could be discussed at the public hearing to only those pertinent to Class C licenses. Cncl. Leroux clarified his motion to reflect that it be the intent that this would be for Class C license holders. He stated that at a public hearing any comments could be heard from the public concerning serving liqour before noon on Sundays. Vote was taken on the amendment. Motion carried with Cncl. Clay and Wampach opposed. Vote was taken on the motion, as amended. Motion carried with Cncl. Clay and Wampach opposed. Leroux/Clay offered Resolution No. 2773 , A Resolution Providing for the Issuance and Sale of $2,660,000 General Obligation Tax Increment Bonds, Series 1987 A and moved its adoption. Roll Call: Ayes: Vierling, Clay, Leroux, Mayor Reinke Noes: Wampach Motion carried. City Council August 4, 1987 Page 13 Vierling/Clay offered Resolution No. 2774, Resolution Providing for the Issuance and Sale of $705,000 General Obligation Improvement Bonds, Series 1987A, and moved its adoption. Roll Call: Ayes: Wampach, Vierling, Leroux, Clay, Mayor Reinke Noes: None Motion carried. The Community Development Director presented a consideration emminating from the Minnesota Environmental Policy Act. Scottland Companies and PACE Productions have proposed the construction of an 86 acre facility known as the Starwood Music Center and because of the size of the facility an Environmental Assessment Worksheet (EAW) has to be prepared. Council is aware that the City of Shakopee has been designated as the responsible governmental unit for EAW, and so the City Council has the responsibility to determine whether an Environmental Impact Statement (EIS) must be prepared for this porposed project. In this matter Council needs to consider the completeness and accuracy of the information in the EAW and also should consider any potential impacts of the project which might warrent further investigation and/or the need for the preparation of an EIS. In doing this, the various comments received from various entities and individuals should also be considered. The notice for this was published in the Environmental Quaility Board Monitor, as prescribed by State law, on June 15, 1987, and the opportunity for written comment was for the time period from June 15, 1987 to July 15, 1987. Council is asked at this time to render a decision on whether an EIS needs to be prepared. The Council must make a decision by August 14, 1987, and since this is the last scheduled meeting prior to that date, a decision is sought at this time. There are three choices available: a negative declaration meaning that an EIS does not need to be prepared; a positive declaration meaning that an EIS does need to be prepared; or to do nothing, which would essentially be the same as making a negative declaration once the time period expired. The project as proposed would begin construction in the Fall. of 1987 with completion anticipated by Spring of 1988 with proposed opening in June, 1988. Operating season would be scheduled for a 90 to 130 day period and during that time performances would be scheduled on 51 occasions between May 15 and September 15. The Center would also be available for graduations, town meetings and theatre presentations. The project area is .generally located west of Valley Park Drive and North of 12th Avenue in the Canterbury Industrial Park. The proposed site is designated as an urban service area in the Metropolitan Development Guide. The maximum design attendance for the facility would be 17,000 persons and 6,679 vehicles. The facility would have a stage facing north toward the Minneosta River with covered seating for City Council August 4, 1987 Page 14 5,000 and a grass covered earth berm for an additional 12,000 persons. The specific requirements contained in the EAW were reviewed and the areas addressed were: Topography; Soils; Geology; Physical Effects on Water; Water Quality Effects; Sanitary Sewer; Air Quality After Construction; Performance Noise; Solid and Hazardous wastes; Fish, Wildlife and Plants; Archaeological and Historical Resources; Parks and Recreational Resources; Other Resources; Community Services, Transportation and Energy. This project will be a one-phase project, so it is not assumed there would be further future development that would result in an accumulative impact on the environment. Another phase the EAW addresses is the extent to which the environmental effects are subject to mitigation by on-going public regulatory authority. One thing required for this site is that the City will have to issue a Conditional Use Permit for the project prior to construction beginning. - The Minnesota Pollution Control Agency will need to issue an Indirect Source Permit (ISP) for the project prior to operation of the Music Center. If they determine a need for background carbon monoxide monitoring, that element will be contained in the ISP. If the control of amplified noise deemed to be a problem, the ISP will also address that. There is a need to identify mitigating traffic measures and this can be included in the Conditional Use Permit. The Community Development Director noted that as discussed earlier, the Planning Commission recently heard testimony and did not take action and continued the hearing until August 20, 1987. He related that is another control device that is pending at this point. The Metropolitan Council commented on the need for Shakopee to address its comprehensive plan. It is their contention that this facility is inconsistent with the industrial use contained in the comprehensive plan. This item does not directly relate to the EAW, however, it was a vehicle which allowed them to comment on this. It is the opinion of Staff and the developer that this is consistent with the Comprehensive Plan and consistent with the City Zoning Ordinance. State law clearly indicates that if there is a conflict between the two, the zoning ordinance will prevail. Clearly this is a conditionally permitted use within the I-2 zone. In summary, the Community Development Director again noted the alternatives available to Council. He stated it is his recommendation that Council make a negative declaration at this time, indicating that the Environmental Impact Statement is not necessary for the Starwood Music Center based upon the written City Council / August 9, 1987 Page 15 comments that were received during the time period of June 15, 1987 to July 15, 1987. Cncl. Wampach asked how the City Council, being elected by the people to represent them, could turn its back on over 1000 people that have indicated they do not want the Music Center. Mr. Kraft noted that based upon the requirements in the law there is nothing in the environmental review process that relates to petitions other than if the developer did not want to prepare one and the project was of such a scope that it would be needed, the submission of petition with 25 signatures and addresses would be something that could activate the process whereby an EAW would be prepared. Council entered into discussion. Cncl. Vierling questioned if provision could be made in the Conditional Use Permit to allow some control should this not prove to be what it is purported to be insofar as the type of music that will be played. The City Administrator noted the Assistant City Attorney was asked to be in attendance at the Planning Commission hearing and was specifically asked to be prepared to comment on that. He related the developer offered to create a Citizens Committee to review this, but there is some question as to whether such would be a City authorized Citizens Committee. He felt this will be discussed by the Planning Commisssion and that the Assistant City Attorney would hopefully have an opportunity to address that at the next hearing. Cncl. Leroux felt the City could initiate a license for this type of venture, granting an ordinance could be drawn up. He noted his concern relates to what the City could put into an ordinance so if a Conditional Use Permit is granted and the project is built, the City would have something to fall back on in the event the business begins to go in the hole. Also, if the facility would be sold, the City needs to be able to control whomever may buy it. A deep concern he had is that this is one of the biggest issues before this City since he has been on Council and Council has no idea at this point of what conditions have been proposed by the Planning Commission. Although he did not attend the public hearing, it was his understanding that the conditions were not brought up at the public hearing. Mayor Reinke noted that the EAW is an entirely separate issue from the items being considered as far as the Conditional Use Permit is concerned. He stated Council has to make a decision on the EAW based on the information presented. Cncl. Leroux asked the City Attorney if because the proposed conditions for Conditional Use Permit have not been read into the record of the public hearing as of yet, is it possible that this City Council August 4, 1987 Page 16 body could direct Staff to add conditions to the proposed conditions for the Conditional Use Permit. He indicated a scenario wherein if conditions in the proposed Conditional Use Permit are read into the record at the public hearing and the Planning Commission denied Conditional Use Permit and Council denied Conditional Use Permit, but it was ordered by the courts that Conditional Use Permit be issued, all the conditions would have to be met because they were a part of the continual process. He asked the City Attorney if that was correct and the City Attorney noted that was the case as the City had learned. Cncl. Clay noted that in review of the EAW he did not see any two governmental agencies contradicting each other when there was more than one commenting on the same issue. He noted that he did not see where Council could make a viable and legally supportable argument to have anything but a negative declaration. Joe Zak addressed Council. He noted that the EAW statement was done by Starwood Corporation, which is a very large corporation. It would be very difficult for a group of very concerned citizens to come up with a sound study to refute that done by Starwood consultants. He requested Council to ask itself why there are no downsides indicated in the report as pertains to this project. He stated there are downsides and felt that Council needs to be aware that there are many people who live in other areas where there is this type of facility who have concerns and he felt some study and time should be given as to why those people do not like such a facility. He indicated that if he had the money necessary, he could hire a sound consultant (and indicated he is working on that) that would indicate that the stagehouse has not been developed and the sound speakers are not yet there and until that time, the configuration of sound is speculation. He did not believe that the sound factors indicated would indeed be such in reality. He stated people are moving from the City because of this project and that the quality of life in this City is going down. He felt that decisions are being made out of fear of a lawsuit rather than whether or not it is good for the town and he felt that was absolutely wrong and a disservice to the people of this City. Stephanie Walker addressed Council noting she attended the Planning Commission hearing and that she was in agreement with Mr. Zak. She expressed the danger of bringing a drug-related rock concerts to a family community, as well as noting the traffic problems that would be encountered. She felt the only people being considered were those coming into the City and those leaving it, not those residing here. She indicated there was opportunity to question the Chief of Police at the Planning Commission hearing and she asked him if in a seating capacity of 17,000 there was a crowd of 8,000 would he perceive it possible City Council August 4, 1987 Page 17 that 4,000 of those attending a rock concert would be using drugs and he nodded yes. She also asked him if he intended only to arrest those causing a disturbance and his reply was that at other facilities in other areas they do not arrest everyone with an inch-long joint. She stated that tells her that Council is willing to let drugs come into the community. She felt what is being considered is reports from consultants and cold, hard facts, and that the moral issue is not being considered. Cncl. Leroux noted in response to comments made that this community has increased 22% during the past seven years and in the past year plats have been approved for about 750 new homes because people want to move into this community. He noted that the Council members are here to try and serve everybody in this City, including those opposing this matter and the developers who are pursuing the project. Bruce Malkerson with Scottland Company addressed Council. He noted this process was begun nine months ago when they shifted from a permitted use to a conditional use and indicated they would be proceeding and doing an EAW and a general time line and the areas that would be addressed were given. The EAW addressed those items as required under the statute. It is not a Conditional Use Permit, it is not an application for Conditional Use Permit, it does not address the twelve findings that the Planning Commission and Council will be addressing. It is but one step. All an EAW does is set forth facts related to the catagories that are required by State law. At the Planning Commission hearing and at this meeting, he indicated comments were made about the experts that developed the analysis in the EAW. He noted those experts represented all sorts of different people and he noted their credentials and spoke of their integrity. He noted that in addition, the analysis were analyzed by Staff of the PCA and they felt the EAW was sufficient. He stated the facts the opponents want to and have been submitting are relevant in the Conditional Use Permit process, but not the EAW because in the EAW process the facts being discussed are prescribed by State legislature. He also noted that there has been much testimony in support of what they want to do in the record, from leading citizens in the City, neighborhood businesses adjacent to them, and from other associations in town. He believed Mr. Kraft adequately stated what the requirements are in the State law, summarized the review by independent agencies fairly and that Staff recommendation that there should be a negative declaration is fully supported in the record and any other declaration is not. He felt it should. be made perfectly clear that however the EAW is voted, that this is not a vote on . the Conditional Use Permit; this is not telling them they are going to be able to proceed. This would only be saying that the statutory requirements were followed and that you will then go to 1 City Council August 4, 1987 Page 18 the next step, which is continuation of the public hearing of the Planning Commission. Cncl. Leroux noted that one item in the EAw pertaining to sound has been challenged by Mr. Zak and he has stated he can come up with an expert who would argue the 35 decibels and would come up with a different finding as to nearest residence. Mr. Zak noted that as he mentioned he is not a highly paid consultant and he did not wish to impugn the dignity or respect that he had for people that were with Mr. Malkerson. What he was trying to bring about is the fact that a citizens group is now compelled to try to match a large corporation. He stated he cannot match the resources, nor the people involved with Scottland to come up with a sound study, but that he would come up with something. He questioned other areas not addressed in the EAw or not addressed as well as they should have been, such - as the use of Malithion for mosquito control; run-off, as there will be antifreeze, car oil, tars, etc. ; cadmium lead in the holding tank if there is going to be one; traffic issues; noise impact on the trumpeter swans, ducks and other wildlife in the lake. He stated this has not been the most publicized issue, but has rather been very subtly put in. He noted another issue is whether the City wants an industry in town where safegaurds must be placed on it so we, as citizens, are not abused by it. He questioned if this were to come to the Mayor's back door if he would be very happy about it. He noted this will affect the whole town, the whole town will be impacted by the traffic, the crime and the pollution and those are issues that will be present because they are at every other center like this in the United States. Mayor Reinke noted in response to Mr. Zak' s comment about the proposed project site being in his backyard, that it is indeed near his property; it is at his backdoor. He also pointed out that the racetrack facility is in his backyard as well. He stated that from that standpoint he does have an understanding of what people are concerned about. He stated it was questioned of Council members how we got here. He stated he had been elected by the people four different times to serve on the City Council and has always taken an oath to serve the people of this City and obey the laws of the State and the City and that he has not waivered from that oath of office once while sitting at this table. He noted they are given basic facts to work with and it is Council's decision as to what the final result will be in each particular case. In looking at decisions made by Council, they don't look at one individual, at one neighborhood, they don't look at who they are or where they live; they have to make a decision that is based on what is felt to be the best decision for the overall good of the City. He stated he would hope that City Council August 4, 1987 Page 19 the decision made on this particular issue will be based on facts, not emotion. Mr. Malkerson pointed out that their proposal has been public since November. It was in the Star and Tribune, the local paper and on television. He also responded to the question raised as to why a business would be wanted in the communitythat required some controls, noting they would need a Conditional Use Permit, but normally so do churches, schools, resturants, etc. He stated at this point they are only talking about EAW with procedures provided by statute and he believed those had been met. Wampach/Leroux moved for a positive declaration requiring an EIS survey due to the fact that there are all these chemicals that people are involved in and there are many questions not answered here that it was felt should be addressed. - - Roll Call: Ayes: Wampach Noes: Vierling, Leroux, Clay, Mayor Reinke Motion failed. Leroux/Vierling offered Resolution No. 2765, A Resolution Making a Negative Declaration on the Environmental Assessment Worksheet for the Starwood Music Center and moved its adoption. Susan Hofmaster, 1028 Dakota Street, asked if it was possible that by approving this EAW, Council could be influencing the Planning Commission' s vote by indicating Council approval of the EAW and thereby approval of the first condition of the conditions in the permit. Cncl. Leroux stated this was not correct and that he intended to make a motion later to make the EAW a part of the conditions. Roll Call: Ayes: Vierling, Leroux, Clay, Mayor Reinke Noes: Wampach Motion carried. Leroux/Clay moved that with regard to the continuing public hearing on Conditional Use Permit for Starwood Music Center, that the conditions for the Conditional Use Permit in addressing citeria #1 must include reference to the EAW, all the statements made therein and all the mitigating measures stated therein to be a condition of Conditional Use Permit. Cncl. Leroux stated that he believed this meant that if 35 decibels at some point cannot be met and it can be proven it cannot be met, automatically that condition fails. Motion carried with Cncl. Wampach opposed. Cncl. Leroux discussed tying the Conditional Use Permit to a licensing authority. City Council 1 August 4, 1987 Page 20 Leroux/Vierling moved to direct Staff to develop an ordinance for licensing of any entertainment center serving more than 1000 people at one time within the City of Shakopee. Motion carried with Cncl. Wampach opposed. Mayor Reinke asked that Cncl. Leroux meet with the City Attorney regarding development of this ordinance. Leroux/Vierling offered Resolution No. 2766, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Heritage Place Improvements, Project No. 1987-14 and moved its adoption. (Approved under business consent) . Leroux/Vierling offered Resolution No. 2767, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessment for Heritage Place Improvements, Project No. 1987-14 and moved its adoption. (Approved under consent business) . Leroux/Vierling offered Resolution No. 2768, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Marschall Road Watermain, Project No. 1987-4 and moved its adoption. (Approved under consent business) . Leroux/Vierling offered Resolution No. 2769, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessment for Marschall Road Watermain, Project No 1987-4 and moved its adoption. (Approved under consent business) . Leroux/Vierling offered Resolution No. 2771, A Resolution Declaring the cost to be Assessed and Ordering the Preeparation of Proposed Assessments for Valley Park Drive North, Project No. 1986-11 and moved its adoption. (Approved under consent business) . Leroux/Vierling offered Resolution No. 2772, A Resolution Ordering that Excavation be Filled or the Erection of A Building at 1210 Polk Street, Shakopee, Minnesota, and moved its adoption. (Approved under consent business) . Clay/Leroux offered Ordinance No. 223, An Ordinance of the City of Shakopee, Minnesota, amending Shakopee City Code Chapter 10 entitled "Public Protection, Crimes and Offences" by Adopting additional exception to Subd 4 B and by Adopting by Reference Shakopee City Code Chapter 1 and Section 10.99 which among other things contain penalty provisions, and moved its adoption. There was question as to how the DNR will handle issuance of permits and Staff was requested to make available to Council City City Council August 4, 1987 Page 21 information on how the permit process will work, where permits will be made available, if they will be issued through a lottery or application, etc. Vote was taken. The motion carried unanimously. The City Engineer noted Mrs. Lebens had requested that he look into the possiblity of using excavated material from the downtown project in the vicinity of the extension of Bluff Street to facilitate a future connection between Levee and Bluff. He stated they met with DNR and they have approved putting fill in that particular area and hopefully at a future time they could ,present to them a total plan if acceptable with Council. This was acceptable with Council. The City Administrator noted that Mr. Kraft and Cncl. Clay were dealing with Mr. Gene Brown, investigating the possiblity of his renting to the City the Pelham Hotel site for off street parking during construction of the downtown - project. He stated they referred to the lease the City recently entered into with the Chamber of Commerce for the building site in the park and modified it accordingly. He read the modifications to Council. Leroux/Vierling moved to direct the appropriate City officials to enter into the lease with Gene Brown Agency for rental of the former Pelham Hotel site for off street parking through November 15, 1987. Roll Call: Ayes: Wampach, Vierling, Leroux, Clay, Mayor Reinke Noes: None Motion carried. Leroux/Vierling moved to adjourn to August 18, 1987, at 7: 00 p.m. Motion carried unanimously and the meeting adjourned at 1:30 a.m. Judith S. Cox City Clerk . . Betty Brumm Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL Special Session Shakopee, Minnesota August 17, 1987 Mayor Reinke called the meeting to order at 8:00 p.m. with Cncl. Clay, Lebens, Leroux, Vierling and Wampach present. Also present were Julius A. Coller II, City Attorney; Judith S. Cox, City Clerk; and John Dubois, Asst. Chief of Police. Leroux/Lebens moved to accept the special call of the Mayor. Motion carried unanimously. Leroux/Wampach moved to recess to an executive session to discuss possible pending litigation. Motion carried unanimously. Leroux/Vierling moved to re-convene at 8:55 p.m. Motion carried unanimously. Vierling/Leroux moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:55 p.m. Judith S. Cox Recording Secretary City Clerk rt\ RECEIVED August 24, 1987 Shakopee City Coucil AUG2 519S 129 E. 1st Avenue CITY OF S Shakopee, Minnesota 55379 HAKOPE[a Dear City Council Members : During the past three years I have had an opportunity to drive through your community a number of times. Specifically, I have driven, coming from Burnsville, down your Main Street, (1st Av. ) and then on through to the other side of town. Each time I was aware of the two flags, one of which flys above City Hall and the other flag across the street from City Hall. I have always made a mental note that I would make a complaint about how shabby and dirty these flags look every time I come through town. Somehow, I always thought thatsomeone else would notice the flags and get something done. Yesterday, while on my way to the Renaissance Fair I first noticed a flag on the left side of the street just before you enter the business district that, while not too dirty, was flying with very shabby, ripped edges . I then drove on further to find the two flags flying downtown. They were very dirty and soiled but, an improvement over last summer when they were both dirty, soiled, torn, and ripped. I traveled on to the edge of town to find another flag on the right side of the road next to a chiropractors office which was in only a little better shape than the flags downtown. In just a very short distance I saw four American flags which are truly a sad comment on your communityll I am very much aware of the problem with diesel fuel fumes causing the downtown flags to become dirty. I was told by your City Administrator that in fact the flags were replaced three times last year. However, I must beleive that your annual budget could make an allowance to find funds to, at minimum, replace the flags each month in June, July, or August while you have the greatest numberof tourists coming through town. It would be far more attractive not to fly a flag at all then to display what you presently have. I am also aware that your community has an active VFW and American Legion. I am surprised that someone from these organizations has not insisted that the American flag be displayed in a respectable manner. I beleive there is a booklet that provides the rules to flag etiquette that they could provide you with. You might even find a patriotic community member who would volunteer to launder the flags each month. page 2 (continued) I am left with the impression that, while your community is interested in drawing tourists, (notice the clean, well kept, attractive yellow banners which are posted on every block) your community fails to appreciate something as simple and basic as flying a clean, beautiful, respectable, American Flag. I would also like to say that I am the mother of a young man who is currently serving in the 101st Airborne. He has spent every day of the past 2k years in preparation to defend his country if it became necessary. I wonder how he would view the way you have displayed your flags. I am looking forward to my next visit to Shakopee. I will truly appreciate seeing our American Flag displayed with the honor that it was intended M Sincerely, dy A. Glasford 2312 arkwood Drive Bums ille, Minnesota 55337 C.C. American Legion, Post #2 Veterans of Foreign Wars, Shakopee Post CITY OF--SHAKOPEE FlRST CLASS MAIL 1171 LITY BILL 3gRK0� PO"°`MIT NO ° FOR: moa ACCOUNT NUMBER FROM: _ Mf AMOUNT nznef CITY OF SHAKOPEE AR 48.04 129 EAST IST AVENUE ' . MILL-MG PERIOD SHAKOPEE, MN 55379 FROM TO METER READWG T�: LED L. MCGOVERN 6 N P0.EVIOUS PRESENT 216. N IST 3T SMAKUPEE MN -55379' USAGE TOTnis � THIS AMOUNT tWE �` AFTER REMINDER-THIS ACCOUNT IS PAST DUE. PLEASE PAY PROMPTLY KEEP THIS STUB FOR YOUR RECORDS RETURN THIS PORTION WITH PAYMENT i I e� � 9 R � 68 e-z i RECEIVE A)G z O,TM OF SKAKOPEE �� Ak ' 5T3 3 g� Shakopee Police Department 476 Gorman Street Shakopee, Minnesota 55379 Chief Brownells August 24, 1987 Regarding the complaint concerning my animals, I have now permanently soundproofed my living room window, upstairs front, with soundproofing I use when I am home recordings thus muffling any noise they may make toward the street side. I am rather surprised to discover that a noise com- plaint would be treated with such urgency that you should swing over on the wrong side of the road to deliver the com- plaint yourself, with your visit being followed less than ten minutes later by another. office delivering the same complaint. -You must also realize that now that the dogs cannot see out the front, they are less protection to my home than they have been in the past, so my home will need additional police surveillance to prevent thefts from the porch and ground floor. I myself will be more vigilant and more often in my back yard at night, so please besure to caution your officers that because thereis not always a car there doesn't mean that I'm , t not home. I sometimes park my car down another street and walk because there's been a few prowlers lately. I sometimes keep odd hours, and from time to time I've heard that the police and others assume I no longer reside there at all and I wish to dispel that, rumor. Though I'm often away at nights, I don't ordinarily like to divulge this be- cause that knowledge makes my home more vulnerable to yard theft, break ins, etc. . This winter, the inside of the house is going to be re- modeled so if you see lights on and movement within, it's probably me, and the outside will be done next summer. As to the two dogs, they are the best trained, gentlest and well mannered dogs in the City of Shakopee. They've just had their shots renewed and their tag numbers are 1813 and 1814 respectively. - The kids in the neighborhood all play. with them and it's hard to get them outside without them dropping by. RECEIVED AUG 2 41987 F77� -- -- / 2O Re: Noise Complaint August 24, 1987 o c, These dogs have their own bedroom and bed. They have the best of food consisting of chicken, turkey, beef, and gravy, and, in fact, Dr. Kelso, the Vet, cautioned me that I was feeding them too well. They now have their own Arrow travel trailer in which they have a large double bed, gas and electric lights, two fans, their own sink and water, gas stove, and even a TV set and am-fm radio, so you can dispel any concerns for their treatment. - These dogs are never outside unless I'm.with them, which is more than you can say for the other dogs in the neighbor- hood who are tied outside (or running loose) 24 hours a day. YW dogs are never ignored, and certainly they have better care than most of the kids in this town= they're bet- ter trained and more obedient. ` - - As for the dogs barking; I know that you're acquainted with Gordon Gelhaye very well and I stxongly suggest that you ask him what he said a couple days before your complaint was registered about my dogs. This should enlighten you as to the other dogs in the neighborhood that are barking. In my many years of raising animals (I'm 65 and have al- ways had animals there) , it seems strange that only since the City has shown interest in my property, that I am suddenly ' being harrassed with complaints concerning them. Just to mention a few of the animals I've raised there; lion, apes, monkeys, wolves, skunkes, snakes, and others to numerous to mention. It does seem strange that there are suddenly ',so many" complaints concerning two garden variety dogs such as a Great Dane and a Lab. - - As for the mortuary next door, more than once my drive- way has been blocked off, therefore I could not use my boat to go fishing or use my driveway for other. activities. They also put up signs on my property that state "no parking"when- ever there is a funeral up around the corner. I had friends from South Dakota who told me they had intended to stop and see me but were deterred by the signs and they didn't wish to park two blocks away and walk back, so they went on. It also seems very odd to me that a man running a busi- ness on the same half block as my property has 120' of frontage on 4th Avenue should pay. only $1700 for assessments when I, with my 180' (only 60 feet more) should be forced to $4365.65 for mine. So, my additional'60 feet cost me over M00 more. 3. rcG REs Noise Complaint August 24, 1987 These are things I think the City of Shakopee should really take care of. McNearney's business disturbs all the animals on the block with loud voices and slamming car doors, as well as the entire neighborhood, and why isn't the city concerned about enforcing off-street parking for the funeral home instead of allowing businesses like his to creat• a disturbance up and down the street? I would like a written reply from you regarding this letter to show that I've complied with your instructions; this letter to be filed with my Attorney (and in my files) to show my cooperation with the City. Sincerely, - Robert F:vierling P.S. And as far as service goes to this community, there isn't a person in Shakopee that can even come close to the volunteer work that I've done. Instructorships in Mn. Firearms Safety, Mn. Snowmobile Safety, Mn. Recreational Vehicle, American Red Cross, DCPA Radioactive Training, Tennis Classes, Aid to Senior Citizens, and others too numerous to mention; these hours total more than 150 years of service to the community and the State of Mn. and others. It seems to me the more you've done for your community, the bigger the fool they try to make of one. The expenses incur- red all came out of my own pocket, so maybe I really was a fool to devote so much time and effort to a community suc as Shakopee has turned into. - ✓` CCe City of Shakopee City Council �Q i Robert V. Vierling 221 E. 4th Avenue Shakopee, Mn. 55379 THE CITY OF OWATONNA 1 21987 C'TY OF SHAKQP&j OFFICE OF MAYOR August 11, 1987 540West Hills Circle GEORGE E. KEHOE OWATONNA, MN 55060-4794 Ph. (507)451-4540 Dear City Official: I wish to extend to you a cordial invitation to attend the League of Minnesota Cities' regional meeting hosted by the City of Owatonna on Thursday, September 3, 1987, at the Performing Arts Center of the City Administration Building, 540 West Hills Circle, Owatonna, Minnesota. The afternoon program, beginning at 2:30 p.m. will be roundtable discussion focusing on finding solutions to your local problems. League staff will be prepared to discuss such issues as the newly enacted naturalization and immigration laws, the dramatic rise in water quality permit fees, the solid waste landfill contingency action plan, the newly created state-wide insurance plan, the levy limit restrictions placed on cities by the 1987 legislature, and many more. Please come to discuss any of your city's problems and exchange your valuable ideas. This brain- storming session will help you find the answers you need. From 4:30 to 5:30 p.m. there will be a session on how to lobby effectively and how the League's district contacts and coordinators program can benefit you, your city, and the League. We will be serving dinner at 6:30 p.m. and the evening's agenda will focus on legislative issues of importance to municipalities. City officials will be asked for input for the development .of the League's 1988 City Policies and Priorities for Legislative Action. League staff will review and discuss issue papers on transportation funding, a uniform election day, economic development tools, the homestead credit program, property taxes, land use and planning issues, and voting equipment. The League' s video, "How to Lobby, " and the door prize drawing will round out the program. To make reservations for your city, please return the enclosed registration form as soon as possible. In case of cancellations, please notify Mayor George E. Kehoe of any cancellations by August 31, 1987. Your city will be billed for those who did not attend and did not cancel their reservations by the aforementioned date. We look forward to seeing you on September 3. Si rs, hoe — Home: 1025 Minnesota Ave. S.E. --- The City Of Friendliness and Beauttfu<Parks — Home Ph: (507)451-2141 — LMC REGIONAL MEETING - OWATONNA THURSDAY, SEPTEMBER 3, 1987 REGISTRATION FORM We will have city officials attending the regional meeting in Owatonna and we agree to pay for these meals unless the host city is notified of any changes by August 31, 1987. Names/Titles of Persons Attending: Person making reservation: City: Phone: S ) Number of attendees x $ 6 .00 = $ Please make checks payable to the City of Owatonna and return with registration form to: George E. Eehoe, Mayor 540 West Hills Circle Owatonna, MN 55060 6 " 2-0-) Metropolitan Council 300 Metro Square Building ,tr f�mn IWIIIIII � Seventh and Robert Streets St. Paul, Minnesota 55101 0 Telephone (612) 291-6359 nv,ti r.�T August 10, 1987 R�Cclf.' t3 Mayor Eldon Reinke AUG City of Shakopee 129 1st vC�Tt Shakopee MN 55379 QF SHAKGpEF Dear Mayor Reinke: The Metropolitan Council is sending you the enclosed information to inform you of the programs that are available for older people in the area you represent. Through its Program on Aging, the Council is the federally funded and state-designated Area Agency on Aging for the seven-county Metropolitan Area. The program staff and the Council's Advisory Committee on Aging plan and coordinate services for older people in the region. They also grant approximately $4 million in federal Title III Older Americans Act funds annually for nutrition and supportive services for persons age 60 and over. Although services are available to all older adults, those who are frail, isolated or in economic need are especially targeted. Because of the services provided to these people, they are able to remain independent in their own homes as long as possible. The services supported by Title III funds include congregate dining, home-delivered meals, transportation, chore services, nursing home ombudsman, special access services for minority and communications-impaired elderly people, senior centers, homemaker services, adult day care, and legal services. Attached is a brief description of programs available in your area which are funded through the Program on Aging. If you have questions regarding these services, please call the directors of the projects in your area or the Program on Aging staff at 291-6445. We are happy to assist in making these services available to your older residents. Sincerely, Steve, Chatd Attachment An Equal Opportunity Employer Project: Senior Law Project Sponsoring Agency: Southern Minnesota Regional Legal Services Contact Person: Steven Wolfe Phone: 222-5863 Amount of Grant 1987.1988: $56,000 Service Area: Ramsey, Carver, Scott, Washington, and Dakota Counties This program provides legal and paralegal services in order for seniors to access the benefits and services to which they are entitled. Project: Nursing Home Ombudsman Program Sponsoring Agency: Minnesota Alliance for Health Care Consumers Contact Person: Stephanie VanZant Phone: 825-6861 Amount of Grant 1987.1988: $15,000 Service Area: Metropolitan Area This program works to assure the rights and safety of nursing home residents through coordinated professional and voluntary programming. Nursing home ombudsman services include individual problem solving casework, volunteer education, family council development, training programs/materials for professional and community groups, policy analysis, research, drafting of legislation, and testimony on any service-related, eligibility, or enforcement issues is long tens care. Project: Chinese Special Access Services Sponsoring Agency: Chinese Senior Citizens Society Contact Person: Yung Kang Lu louseau Phone: 331-5988 Amount of Grant 1987-1988: $13,650 Service Area: Chinese Seniors in Metropolitan Area The purpose of this program is to assist all Asian-Pacific seniors in the Metropolitan Area by providing social service information and referral and social/educational activities. Project: Communications Access Project (Hearing Through Older Ears) Sponsoring Agency: Minnesota Foundation for Better Hearing and Speech Contact Person: Nancy Fredericks Phone: 223-5130 Amount of Grant 1987.1988: $19,482 Service Area: Hearing-Impaired Seniors in the Metropolitan Area This program provides public education, information, and advocacy on speech, language, and hearing impairments. The services provided by the program include a resource guide and a six-session hearing loss presentation held at various locations throughout the Metro area. Project: Scott-Carver Congregate Dining Project Sponsoring Agency: Scott-Carver-Dakota Community Action Agency Contact Person: Judson Kenyon Phone: 496-2125 Amount of Grant 1987.1988: $22,359 state, $120,031 federal Service Area: Scott and Carver Counties The congregate dining program promotes better nutrition in a social setting by providing hot, well-balanced meals in eight dining sites throughout Scott and Carver Counties. Project: Scott-Carver Home-Delivered Meals Project Sponsoring Agency: Scott-Carver-Dakota Community Action Agency, Inc. Contact Person: Judson Kenyon Phone:448-2302 Amount of Grant 1987.1988: $38,209 Service Area: Scott and Carver Counties This program develops, plans, organizes, and coordinates home-delivered meals projects throughout Scott and Carver Counties. The program serves 18,000 meals per year at four sites with meals catered out of local congregate dining sites. U league of minnesota cities August 14, 1987 Dear City Official: The fugue of Minnesota Cities is celebrating its 75th Anniversary this year. As a part of the celebration, the League is encouraging cities to participate in "Cities Week." The purpose of Cities Week is to recognize cities, and help citizens understand the role of cities. We'll ask Governor Perpich to proclaim May 1 through May 7, 1988 as Cities Week. Enclosed is a packet of information on some suggested events for your review. You can choose to participate in one, some, or all of the activities. We hope that all cities will release balloons in their cities on Wednesday, May 4, 1988 at 1 p.m. Cities Week will be a successful celebration if each community has a Cities Week committee and contact person. Some city officials have already volunteered to serve in that role. The designated contact person will be the liaison with the Cities Week Subcommittee of the 75th Anniversary Committee. The Cities Week committee in your city can be the city council, a volunteer citizens group, or any other organization the city chooses. The costs to participate can be very minimal so you can join in the festivities without a major dollar outlay. A commitment of your time will he the major cost of involvement. Please return the attached RSVP Cities Week card to Jean Mehle, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101. Best regards, Liz Oitt, Chair Cities Week Committee encl. 1 63 university avenue east,at.Paul, minnesota 55101 (6123227-51300 1988 CITIES WEEK RSVP Our city would like to participate in Cities Week activities. (See the attached pages for more information about how to get involved.) City of Contact person Title Address City / State / Zip Phone We would like more information on the following: Please return this form to Jean Mehle, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101. For more information call the League at 612/227-5600. 1988 CITIES WEEK ORGANIZATION I. Establisha CitlesWeek Committee. These me some options you may wish tome. A. Citizens committee representing local business, city officials, school officials, civic organizations, church groups, and interested residents. (Designate a contact person to correspond with the League and the Cities Week Subcommittee.) B. Committee made up of city council members who delegate specific responsibilities to volunteers. Volunteers may be city or school officials; business people; or civic, cburch, or citizen representatives. (Designate a contact person.) C. Committee made up of city council and city clerk (or other staff members) with the clerk as the designated Cities Week coordinator and League contact person. D. A joint committee made up of several neighboring communities would plan a joint celebration. (This would be especially effective if a school district covers more than city.) Each city would have two or three representatives on the committee but would designate only one contact person. E. Any organizational structure you choose. It. Cities week committee would coordinate selected events for the community. (Choose one, some, or all.) A. Release of Balloons B. Community/Volunteer partnership C. Open House, City Tour, Council-Citizen Meeting D. Mayors Exchange E. Cities in the School F. Other activities your committee chooses to sponsor Information on these activities is on the following pages. 1988 CITIES WEEK 81, BALLOONS To draw attention to "Cities Week" activities, your city may want to release balloons at 1:00 p.m. on Wednesday, May 4, 1988 after the Civil Defense sirens go off. We invite cities all over the state to participate. Please help make this a media event. Some ideas: • Have your mayor read the Governor's Proclamation. • If your city is involved in "Cities Week" in the schools activities, have the student mayor as a speaker or invite essay contest winners to read their essays. • Invite your local legislators to participate. • Include any activities you feel would add to the events like having the school or community band or choir perform. To generate interest you could ask local businesses to donate prizes, and either insert a coupon stating the prize in the balloon, or attach it with a twister hand. Prizes would not need to be elaborate; such as a free malt or a box of cookies. Advertising the availability of prizes may help you draw a larger crowd. Balloons with the League logo "League of Minnesota Cities -- Helping Minnesota Grow for 75 Years" will be available from the League office (see order form below). Please place your order by March 1, 1988. BALLOON ORDER FORM# Our city would like to order balloons at circle one $4.50 per 50 $9.00 for 100 $13.50 for 150 $18.00 for 200 $22.50 for 250 $27.00 for 300 City Name Address Authorized Signature 1988 CITIES WEEK CITY / VOLUNTEER PARTNERSHIP f. Recognition dinner Cities Week may be a good time to recognize the people in your community who help the city business run smoothly. Include all volunteers such as commission members, committee members, volunteer firefighters, reserve officers, school board, other. You may want to include essay contest winners and other students. This may be a good time to present a slide show about your city. II. Awardsprogram This program could be similar to the recognition dinner without the cost. You may want to give out awards after a council-citizen meeting or when you release balloons. Any city-sponsored activity will work. Your city may want to include an overview of each volunteer group. And, you could give a certificate of appreciation to each volunteer. Call the League for a sample certificate. 1988 CITIES WEEK OPEN HOUSE / CITY TOUR / COUNCIL-CITIZEN MEETINGS I. Open house A. All or selected publicfacilities could be open togeneral public for 2 - 4 hours during the day. B. Provide a one page handout as to function of each facility and a map showing locations. A. City hall B. Public works garage C. Police department D. Fire department E. Selected park structures F. Well G. Water treatment plant H. Lift stations I. Other public structures IL City tour - provide map of intinerary A. New development 1. Commercial 2. Industrial 3. Residential B. Park facilities C. Streets/bridges - point out future repair needs D. Tax exempt properties - schools, churches, hospital, etc. E. Cable facilities F. Available development sites G. Historic sites III. Council-citizen meetings A. Overview of city government B. Open agenda C. Slide show of community D. Recognition of volunteers U 1988 CITIES WEEK MAYORS EXCHANGE A featured event of Cities Week will be the Mayors Exchange Program. The major focus of the program is to allow city officials to become better acquainted with other communities. The LMC Board of Directors listed this project as a priority at their retreat last fall. Attached is a Mayors Exchange interest sheet. Please indicate your community's interest in participating in the program. If there is a certain city you would like to pair with, please let us know. Also, you may wish to point out what types of projects, problems, programs, and activities you would be interested in showing to officials from other cities. The exchange of mayors could take place for one day during Cities Week or at another time convenient to both cities. Please return the interest sheet to Jean Mehle, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101, by February 15,1988. The Cities Week Subcommittee members will draw names for pairing cities in late February, unless two cities agree on the pairing prior to the drawing. You may choose to pair with a city of similar size, from an area close to your city, or one that is very different from your city. The Mayors Exchange Program is an ideal vehicle for everyone to participate and show the pride they have in their community. If you have any questions, please call the League office at 612/227-5600. We look forward to your participation in this first Mayors Exchange Program and hope it will become an annual event. 1988 Mayors Exchange Program Interest Sheet Please check the following that may apply to your city: Our city will participate in the Mayors Exchange program Our Cities Week contact person is Address Our mayor is Our city would like to pair with a city of the following population: a. Under 2,500 b. 2,500 to 5,000 c. 5,000 to 10,000 d. Over 10,000 e. Any of the above Our city would like to pair with a city from the following area of the state: a. Northeast b. Northwest c. Southeast d. Southwest e. Central Minnesota f. Metropolitan area g. Any of the above Our city has made arrangements to pre-pair with the city of What type of projects, programs, problems, and activities would you be interested in seeing in another city? What types of projects, programs, etc. would you be interested in showing another community? Please return this form to Jean Mehle, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55105 by February 15, 1988. 1988 CITIES WEEK /1 CITIES IN THE SCHOOL G Contact school officials early in the school year so they can add to curriculum and contact principal. Plan an assembly for the local school. Work with the school principal for implementation. L Elementary school A. Mayor and council present program geared to 6-12 year olds 1. Brief history of city 2. Duties of city council 3. Duties of city staff (where appropriate) 4. City/school relationship 5. City services 6. Citizen involvement 7. Questions and answers B. Mayor and/or city clerk present program Same as above C. Hold mock election of students to mock city council Clerk could explain election procedure 11. Junior high school A. Mayor and council present program geared to 13-15 year olds 1. History of city 2. Essay contest: 'What does city government do for you?" Publish winner in local newspaper 3. Duties of city staff/council 4. Hold mock council meeting with audience participation B. Mayor and clerk or city administrator present program Same as above C. Hold mock election III. Senior high school A. Mayor and council present program geared to 16-18 year olds 1. History of city 2. Essay contest on community. Suggest city officials to judge. Publish winner. 3. Outline city services 4. Outline interrelationships with other governments school township county state B. Mayor and clerk or city administrator present program. Same as above. C. Hold mock council meetings with student participants. SCHOOL IN THE CITY This program is geared for the junior and senior high schools. Have interested students sign up. I. Shadow program - student spends an afternoon with city official A. Coordinating teacher assigns students to participating staff or elected official B. Students assume role of person shadowed and hold mock council meeting C. Students to report back to their peers II. Reception or picnic supper or dinner for all participants III. Special council-citizen meeting A. Summarize the day's shadow program and introduce participants B. Present certificates to students C. Rest of agenda is open for citizen input IV. Hold a mock city council meeting with students as council members and mayor CITIES' WEEK VOLUNTEERS Aug. 1, 1987 City/Contact/Title Apple Valley,Lynn Boland,Personnel Director Coon Rapids, Joan Anderson Golden Valley, Pat Butler `Hanover, Barb Irvine, Councilmember Hoyt Lakes, Gerald O'Donnell, Mayor Keewatin, Delrose Israelson, Clerk Lyle, Nancy Williamson,Clerk Madeha, Joe McCabe, Administrator Mapleview, Kenneth R. Nash, Mayor "Mendota Heights, Liz Witt, Councilmember `Minneapolis, Duke Addicks, Legislative Liaison Moorhead, Morris Lanning, Mayor Nashwauk, Arleen Halliday, Clerk/Treasurer 'New Hope, Carol Carlson, Director of Administrative Services Prior Lake, David Unmacht, Assistant Manager SL Anthony, Dave Childs, City Manager SL Cloud, Patti Gartland, Administrative Aide `Waite Park, At Ringsmulh, Mayor Zmnbrota, Alfred E. Colling , III, Mayor ` Cities Week committee member " Cities Week committee chair i PLANNING, ZONING AND CARVER COUNTY COURTHOUSE ENVIRONMENTAL SERVICES 600 EAST FOURTH STREET (612) 448-3435 0 CHASKA,MINNESOTA 55318-2185 COUNTY OF CAQVQ RECEIVED 3 August 1987 ' AUG 1 01987 To: Mayors & Council Meroers, Southwest Area Ccamunities CITY OF SHAKurE From: Dave Drealan, Cin behalf of the Southwest Communities Coalition Subject: Organization 8 Participation for 1988 On the first of July Carver County hosted a meeting for the elected officials from the communities that have been involved in the past activities of the Coalition. The purpose of the meeting was to discuss participation in the Coalition for 1988 and the organization of the Coalition. The b,sic issues are whether the estab- lishment of a more formal organization is necess:,-y or desirable and partic ,nation in the Coalition for 1988. At the close of the meeting it was decided th it each community should try to decide by early August whether it is interested par- ticipating in the Coalition and in further discussing the Coalition's organization. Quite a number of communities have indicated interest in continuing the coalition ,nd in further discussing the organizational structure. The Coalition is interested rn your Community's position regarding your participation in the Coalition. If your Community is interested and has not yet notified the Coalition eithsr L�ru a letter to W. Gnan or by sone other contact with the Coalition, please notify tF..i Coalition (in care of Dave Drealan at the address on the letterhead) regarding your community's position. The major issue discussed was the role and organization of the Coalition. John Boland has written a memo addressing both issues; please find the Tram attached. Anothir meeting of elected Officials will be sc:,eduled for the first part of Sao-- te-oar. Your community will be contacted with the tiffs and location. If�vou have m�any77 Questians regarding this matter please contact me. P lJnmalwe Actium Elul Op 11-1-11 EIIbW Boland & Associates 2443 E. Larpenteur Ave., Suite 110 Maplewood, MN 55109 (612) 777-3388 TO: Participants in Southwest Coalition of Communities FROM: John Boland DATE: July 15, 1987 In response to some concerns raised by some of the elected officials at the Chaska meeting on July 1, 1987, I thought it might be appropriate to lay out some of the options available. The planners group has met over the last year and a half and has made some impact in certain areas pertaining to the Metropolitan Council. One option available would be to keep the status quo. The planners group would continue to meet and monitor the Metropolitan Council's adoption of the Water Quality and Transportation chapters to the Development Guide. Another option, one heavily discussed at the July 1 meeting, would be the involvement of elected officials directly in the formalizing of the Southwest Coalition of Communities. The advantages of this would be to give the group more visibility, allow policy makers to deal with policy makers at the Metropolitan and State levels, and put the Coalition on an even par with the other two regional groups already existing in the metro area. What seemed to cause some concern was the potential for conflict among members of the Coalition. For example, in the area of scarce resources such as highway funding, the planners group has operated on the principle that we deal in areas where we can all agree and avoid those where we do not. We found in our year and a half of operation that we agree with the vast majority of issues in which the Metropolitan Council deals. It is not intended that the Coalition would be an arbiter or usurper of existing groups or issues. However, the planners group felt that the three advantages listed above were worth the formalizing of the group. If nothing else, it would serve as a basis for communication among the members of the Coalition themselves as well as with Metropolitan and State agencies. If there are any further questions, please feel free to call me at 777-3388. THOMAS L. HENNEN SCOTT COUNTY AUDITOR COURTHOUSE - RM 102 SHAKOPEE, MINNESOTA 55379-1398 T.J. Lannon (612) 445-7750 Ext 160 Deputy August 26, 1987 RECEIVED AUG 2 71987 CITY OF SHAKOPEE 129 E IST AVE CITY OF SHAKOPEE SHAKOPEE, MN 55379 Subj : Tax Forfeiture Sale Dear Sir : The County of Scott will be conducting a sale of property that has been forfeited to the State of Minnesota for non-payment of taxes. The property will be sold to the highest bidder above the value listed below. The sale will be held at the Auditor's Office in the Courthouse in Shakopee , MN at 10 .00 o'clock on Tuesday, September 8, 1987. Sealed bids only will be accented. A bid form is enclosed for your convience . Parcel #27-915033-0 Sale Price $ 200 .00 2.9 acre tract in Gov' t Lot 4 & 5 15 115 22 (owned by Gary Ripley) If you have any questions please to contact me at 445-7750 Ext 168. Sincerely, Thomas J Lannon Deputy Auditor Enclosure : TAX FORFEITURE SALE BID FORM BIDDER INFORMATION J 1 . NAME: 2. ADDRESS: 3. PHONE #: 4. COUNTY & STATE 5. OWNERSHIP• PARCEL INFORMATION 6. PARCEL #• 7. LEGAL DISCRIPTION: BID INFORMATION S. AMOUNT:$ NOTE: THE TOTAL AMOUNT DUE THE COUNTY AUDITOR WILL BE THE BID AMOUNT PLUS AN ASSURANCE FEE, STATE DEED STAMPS, CONSERVATION FEE, STATE DEED FEE, AND RECORDING FEE. (The successful bidder will be notified of the total amount due . ) 9. SIGNATURE: THE INSTRUCTIONS FOR BID FORM ARE INCORPORATED HEREIN AND ARE CONDITIONS UPON WHICH THE BID IS SUBMITTED. UPON SUBMISSION, THIS BID IS VALID AND BINDING UPON BIDDER. INSTRUCTIONS FOR BID FORM 0 /� PLEASE PRINT ALL INFORMATION, EXCEPT ITEM k 9. 1 . Name of all owners of the property, if bid is accepted. 2. Address to which tax statements should be sent . 3. Phone number whera bidder can be reached during normal business hours (home and/or business, both if appropriate) . 4. County and State in which owners are a resident . 5. Is the ownership to be individually, joint tenants, or tenants in common . If incorporated give state of incorporation . 6. Nine digit identification number published with the description . 7. Legal description of the property as published in the official newspaper or list . B. The amount you are bidding for the property. NOTE: Assurance Fee is a state title fee of three percent (3%) of line S. The State Deed Stamps are determined by selling (bid) price . The Conservation Fee is $5.00 . The State Deed Fee is $20 .00 . The Recording Fee is $10 .00 . (These are in addition to the bid amount . ) 9. Signature of ALL owners of the property ( those to be shown on the deed) . 10 . Place bid form in a separate sealed envelope marked on the front with the parcel identification number and the statement "BID FOR THE FORFEITURE SALE" . Then return to the following address: THOMAS J. LANNON DEPUTY COUNTY AUDITOR COURTHOUSE - ROOM 102 SHAKOPEE, MN 55379-1398 11 . The successful bidder will be notified of the additional amount to cover the fees. THE INSTRUCTIONS FOR BID FORM ARE INCORPORATED INTO THE TAX FORFEITURE SALE BID FORM AND ARE CONDITIONS UPON WHICH BIDS ARE SUBMITTED. UPON SUBMISSION, THIS BID IS VALID AND BINDING UPON BIDDER. lgbiz Inbenture, made __..._._._._._day of.............. 19 17-1 between .............. ...................... ............. ...... .............. a corporation under the laws of the State .............. Party of the first part,and ..............Ci-ty nf Shakopea_-&-muni .................... ---------- - -- .... sR corporation under the laws of the State of..................1Uznes,,t,&..... --------------- party of the second part, miffiracth, That the said party of the first Part, In consideration Of the sum of One--Dolla;r and-other-good...and valuable.-Gonsider-ation DOLLARS, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second Part, its successor, and assigns, Forever, all the tract......_..or parvel..—.. of land lying and being in the County of......._........._.._ .....................-...Scott .......... and State of Minnesota, described as follows, to-wit: All that part of Government Lot 4, Section 15, Township 115, Range 22, Scott County, Minnesota, the boundary of which is described as follows: Commencing at the southeast corner of said Government Lot 4; thence North 0()0261()5t' West along the east line of said Government Lot 4, bearing assumed, a distance of 1686-10 feet; thence North 8200510411 West a distance of 771.54 feet; thence North 71047'40" West a distance of 21.07 feet to the easterly line of a roadway easement as described by Valley Engineering for Connie Ordeman, drawing dated 2-20-76; thence North 00006'22" West along said easterly line of said roadway easement and its northerly extension a distance of 374.65 feet to the actual point of beginning of the boundary to be described, said point lying on the northerly line of said roadway easement; thence continuing North 00006'2211 West a distance of 850 feet more or less to the shoreline of Dean's Lake; thence northwesterly along said shoreline to the intersection with a line which lies 60 feet westerly of, as measured perpendicular to, and parallel tosaid extension of the easterly line of said roadway easement; thence South 00006'22" East along said parallel line to its intersection with a line that bears South 89053'38" West from the point of beginning; thence North 89053'38" East to point of beginning. It is intended that the southerly line of the above described easement is also the northerly line of said roadway easement. baffiv from state dead is 41 wft 1z C--T-t� - State transfer hereon 100 100 100 100 100 100 125 -Do 1 II V 0 q56 kLIK BET) ry mf r m'^ z z f ,n o w qNp o m "w oz � f N J ry O m I N U LL $ Q W O � NQ F p mLL 2LL Y10 _ rc F aw alp � � o wn rcw ` y ua u < YC Q�\ 3 \ m ya m o m W M1 • � F Z„ NK �W Q �ti tJ i v u r •� W p z r m mm o Gp METROPOLITAN WASTE CONTROL 163637 �` IV 112 SEC. i 5 T. A SHORE LINE AERIAL PHOTO DATED AUGUST 1957 I I PEEN THE NW CORNER OF GOVT NE COR_OF SEC. IS � N y0MM� \\ a� wn a L 9 \\ s- HARLES GRIFFIN h 12929 7!55 O b •\ aW. ry N N p co o n ?P n Yy Pry \T I• � 045� \ r $ . � a$3 3 /OY g rn a n n a R B _ 7 3.31 2 152216 S mo r 33 L09 UJ PARN ao Ns n a3 a OJ N O U 2 NrcN 0 la s 5 q 3 Ci V ` w 4 � ? 3 2 I 2 p 0 2 2 W ftakuppr Tommunity $'PCuIiPS 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education Memo To: John Anderson, City Administrator From . George Muenchow, Community Recreation Director Subject: Dean's Lake Land Purchase Date September 1, 1987 Introduction Per your request I have briefly reviewed the possibility of acquiring a parcel of property on the south shore of Dean's Lake that currently is available through Tax Forfeiture means through Scott County. Unfortunately, if we are interested in making a bid for this parcel, a decision has to be made now since the parcel bids will be opened early next week. Background There are a number of concerns relating to the acquiring of this land for park purposes (canoe access): 1. Physical.. .. .. .. ..The parcel is completely under water. In order to provide a place for automobiles to park, an unknown amount of fill would be needed to construct a parking lot. The periphery of the lake is a mass of weeds, underbrush, downed trees, bogs etc. To reach open water with a canoe, a person would have to struggle through about 350 ft. of this water covered mass of vegetation. 2. Legal. .. .. .. .. . . ..Since the roads in the area of this parcel of land are private there has to be some question regarding encouraging the public to use this proposed Canoe Access. 3. Moral.. .. . .. ... .. .There are very few areas within the City Of Shakopee where wild life has a good chance of not being disturbed by man. Dean's Lake probably is at the top of the list. Under present conditions, human beings have a difficult time getting to open water. The encouragement of usage of the lake would have to be a negative factor on the wild life. 4. Maintenance. .. .. ..If the City did acquire this parcel and chose to develop it as a canoe access, there would be some maintenance involved, particularly garbage and rubbish pickup and removal. 5. Previous Plans. . . . .At no time in the past has the City indicated an interest in providing access to this lake. The State Of Minnesota has a plan of providing access to bodies of water in the state, particularly where access currently is not available. Dean's Lake is not on their list. Recommendation The Community Recreation Director recommends not to acquire this parcel of Tax Forfeited Land. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 oN. ,-d �.� -av-, /� � MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Appeal of Variance Denied to Ron Schmitt for Front Yard Setback DATE: August 25, 1987 Introduction• Mr. Ron Schmitt has applied for a four foot variance from the average prevailing front yard setback as required by Section 11.03, Subd. 7.F. for an addition to the front of his home at 620 - West 5th Avenue. At their meeting on August 6, 1987 the Board of Adjustment and Appeals denied Mr. Schmitt' s variance request. Mr. and Mrs. Schmitt have appealed the denial of the variance to the City Council. Background• The attached information provides the background for the appeal, included are: 1. Staff report to Board of Adjustment & Appeals 2. Site Plan 3. Minutes of the August 6, 1987 Meeting 4. Information handed to Planning Commission by Mrs. Schmitt at hearing. 5. Letter of Appeal from Mr. & Mrs. Schmitt 6. Memo dated August 6, 1987 Action Requested: Offer Variance Resolution of the City Council CC-504 and move for approval or denial. Zo MEMO TO: Shakopee Board of Adjustment and Appeals FROM: Douglas K. Wise, City Planner RE: Schmitt variance DATE: July 31, 1987 Introduction• Mr. Ron Schmitt has applied for a four foot variance from the average prevailing front yard setback as required by Section 11.03 Subd. 7.F. for an addition to the front of his home located at 620 west 5th Avenue. The zoning district is an R-2 and was platted prior to the effective date of the zoning ordinance. Considerations: Section 11.03 Subd. 7F states: "Where adjoining structures existing on the effective date of this Chapter have a different setback from that required, the front setback of a new structure shall conform to the average prevailing setback in the immediate vicinity. The City Administrator shall determine the necessary front yard setback in such cases. " Upon physically measuring the surrounding homes, it was discovered that the average setback is 1714". This would allow Mr. Schmitt to construct a 6' addition to the front of his house. Mr. Schmitt does have approximately eleven feet to use for this addition on the east side of the home without encroaching on the side yard setback. Mr. Schmitt could also construct an addition on the back of his house. A new average prevailing setback will be established if this variance is granted. Findings• Criteria: 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 property since enactment of this Chapter have had no control. Finding: 1. The exceptional or extraordinary circumstances that exist are not unique to this property; location of building on property (i.e. front yard setback) . The lot size, shape and topography are similar to other properties in the vicinity. Criteria: 2. The literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter. Finding: 2. The applicant would not be deprived of rights commonly enjoyed by other properties in the same district under the terms of this chapter. All property owners must follow the City Code in order to alter their property in any way. Criteria: 3 . That the special conditions or circumstances do not result from the actions of the applicant. Finding: 3. The present front yard setback does not result from actions of the applicant, but these conditions are not unique to the property. The design, location and size of the addition are within the control of the applicant. Other alternatives which comply with the City Code are available to the applicant. Criteria: 4. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. Finding: 4. If granted this applicant will have the privilege of being able to encroach on the average prevailing front yard setback in the immediate vicinity, which is denied by City Code to other owners of lands, structures and buildings in this district. Criteria: 5. The variance requested is the minimum variance which would alleviate the hardship. Finding: 5. Alternatives do exist which would allow for the constructing of an addition to the house and comply with the provisions of the City Code. Criteria: 6. The variance would not be materially detrimental to the purposes of this Chapter, or to property in the same zone. Finding: 6. The variance would be detrimental in that it would create a new average setback, thus allowing other property owners the right to encroach on the front yard setback without securing a variance. Recommendation: The staff recommends denial of Variance Resolution *504 requesting a four 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. 3 FIA - I 1 F-' 40, PROCEEDINGS OF THE HOARD 4 OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEEE, MINNESOTA AUGUST 6, 1987 Vice Chairman Czaja called the meeting to order at 7:30 p.m. with Comm. Rockne, Foudray and Schwartz present. Comm. Schmitt, Pomerenke and VanMaldeghem were absent. Also present were Douglas K. Wise, City Planner; Dennis Kraft, Community Development Director; and Cncl. Steve Clay. Rockne/Schwartz moved to appprove the agenda as written. Motion carried unanimously. Foudray/Schwartz moved to approve the minutes of July 9, 1987. Motion carried unanimously. Foudray/Rockne moved to open the public hearing to consider an application for a four toot 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. Motion carried unanimously. The City Planner reviewed the background of the request. Vice Chairman Czaja asked for comments from the audience. Rosemary Schmitt addressed the Commission stating that they would like to build a 10 foot addition to the front of their house because of their growing family. she said the cost would be extremly high to build to the rear of the house, and that the living room is located in the front of the house and would be more practical to add on to the living area. They were a number of concerns brought up by neighboring residents regarding the view from their houses being blocked. Mr. Delium, 504 5th avenue, said that four years ago he was refused his request to build onto his front porch because it would make the other houses uneven. Fred Lebens, 604 West 5th Avenue, said he thought it would spoil the view of the whole block if that house were uneven. Foudray/Rockne moved to close the public hearing. Motion carried unanimously. Foudray/Rockne moved to deny variance Resolution No. 504 requesting a four 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 for the reason thatthe petitioner did not present a hardship. Motion carried unanimously. CT a., Hardships to Consider I. My husband and myself are long term residents of Shakopee. Ron has owned and lived in this house for 13 years. We have lived at 620 W. Fifth Ave. for 10 years together and do like the location and the neighborhood. We did plan to raise our children at this home as it is across from the park and close to schools and our church. We do have two girls ages 5 & 4 and the house has become cramped for space. As our family grows we do need more space and if we are not allowed to put this addition on our house , we will be forced to move, which would be financially impossible. I would then be forced to enter the work force and our children would be pushed into daycare situations . II . Other Alternatives A. In the floor plan of this house & yard (page 3) , as you can see, the bedrooms are to the West and it wouldn' t be very pratical to have an entryway and entry closet through a bedroom. B. Both the kitchen and bathroom are located to the South and it would be very costly to move both the kitchen and bathroom. Our estimate from a builder to build out the back of our house was close to Fifty Thousand ($50,000. ) Dollars. C. We do have a tree of approximately 100 years in the backyard that would need to be removed for an addition to the South. This tree is the only shade tree in our yard. D. The livingroom area is in the front ( or street side) of the house and it seems to be most practical to add footage there. (FOR BOTH COST AND APPEARANCE) III. Many of the homes in this neighborhood are placed closer to the street than our house is and we are asking for compliance rather than variance. IV . Immediate Vicinity Average A. Two houses were purposely omitted by the city planner to prove his case . I believe this ommission excuses the average . i B. Using a redmarkerI color coded the lots which the city planners office used to determine the average. (Page 4) And , using a yellow marker I coded the lots which I used. Using the properties that are yellow coded and the same method the city planner ' s office used we end up with a 111' 5" average. V. President has already been set A. 503 West Fourth Ave. added a garage with 15 ' 5" to the sidewalk, The garage is 18' wide, it was _ built 2-3 years ago says Ray Hennes who did the work. He believes a variance was needed. B. 202 & 202 1/2 West Fifth Ave. This addition of 2 years has 8' 6" to the sidewalk line. This addition is 13' 11" wide in the front and 18 ' 9" in depth. Mary Ernst stated the entire old diningroom was torn to the ground and the new addition was errected . This was in 1985. Mary believes that only a building permit and not a variance was required. Respectively , - Ras��� Schmit-� J QriU� ioi I�� 9 Cemen� ,ts Slab a RIX"Oe.k e 211XIlyp ' r 1 4' r •o I fYa�g `h�r���¢ 1 � 3—ter Pe� rrprt� Itne U"�rOCyl _ aAr�m� - J. JIM ? Line 1 "VI our e+rwa 11' y ou r 0 N D L , � RHYd 1103 IaauLs 1 jig ;. �"� •,� � � II t� ,f t f ``,, . ' �aQ3AYQ63� N ` Ip � � .. 715 W 70705 'i ��l�o�iYiP� A• Pr� �'a s �' T7'�'j T c a r a�, y • !. lK. 1 aH W A7 ` ,i4 f 1 L, a �.�T2=; a ' • `J '^'�. �✓p1 s. •73y 9d /Y76b' ' .�(cr• �`� -y 51. Y 1 - - 1 • Y l3 } , 1 ' L .'f / ri tl It At YL ! O/ t '1 ^;r -a7 ' COQ (c mff4 17 /u, �a 1 %) 1011 G�a7 /0, „ . . 3 /o 41 los a 7, � �.�e �• �-ta� 15.7/ a�' � " '/' iy s17„ I- 71Y flecevpD of )�2 a�.c #y MEMO TO: Shakopee Planning Commission 9 �' FROM: Douglas K. Wise, City Planner RE: Schmitt Variance Request DATE: August 6, 1987 Introduction• On August 4, 1987 Mrs. Schmitt called the Planning Department and indicated that it was her intention to request a variance for a fence in excess of 6 feet and that she had included it on her variance application. Staff was unaware of the request and in reviewing the application (copy attached) found that no mention of the fence was made in either the section "Variance Requested" or "Description of Hardship". A fence is mentioned in the section describing the structure to be constructed. I have discussed this issue with Mr. Coller, the City Attorney, and he reviewed the application. It is the City Attorney' s opinion that the Schmitts did not request a variance for a fence because it was not mentioned under "Variance Requested" . Mr. Coller indicated that if they desire to apply for avariance for a fence, they need to start the process over with a new application for the fence. - Date Piled: Nearing Date r Appl. Pee• Receipt. No.: • IResoluti on No.: CITY OF SHAKOPEE Application for VARIANCE BASIC INFOR�MATI�ON c Applicant: /5/x/7 . lC)7=/ 7� �} Phone: /C �j- /7V5 Address : (p2p U], 54-hAye . �� O Property Owner : , �j2 s_ Q ns JP, Phone: Address : Consultant/ Contractor: /04l � 5-1�7n Phone: 377- 83s/ Existing Use Present of Property : 80 rt) 54ead� Zoning: - Proposed Use - Parcel Of Property: !So mP I .D. No. : 27-20/5/S- O Location of A + Requested Variance: ��Qri-� SirA P n4 r- tAr+u fP, ' Variance Qq na L Requested : ��� Var;on2e due i-n llrlrrXSlll.r> Has the applicant previously sought to Plat, Rezone, Lot Split, obtain a Variance or Conditional Use Permit on the subject site or any part of it: No J/ Yes _ What was Requested : When : What type , if any, improvements are proposed , described: � n rb nnl Do you blleve that an undue hardship exists b`dse upon circumstances unique to the subject property: No _ Yes , describe: �IP 24111 nn c 100'k r IQ et W G'vii70 nrP a /s vPr�r mol/ Loo Ked CL>< th2 FJossi b,'/;fles o-Foinc� t9e b a c K rd �SoctfA) of +h e fast- s /d e d- I n o 4e r +o cCo +ha, - -the house woctld have -tom .. be 9uj�ted and a new door Plan deVisec ' The. F rOn-t- 's t1,e on y 0- 05+ lef�OEC4l v� (Over) VARIANCE RESOLUTION OFTHECITY COUNCIL NO. CC- 504- WHEREAS, Ron Schmitt having first filed an application to the Board of Adjustment and Appeals dated Jul 21 1987 , for a variance from the strict app ication of the provisions o the Shakopee Zoning Ordinance , Section , to-wit: A variance from the average front yard setback : and WHEREAS, the property upon which the request is being made is described as : 620 West 5th Avenue and WHEREAS , said proposed variance request was Denied by the Board of Adjustment and Appeals at their meeting o Au 66, 987 and this decision has been appealed to the City Council ; and WHEREAS, the Shakopee City Council on Sept. 1, 1987 held a public hearing on the appeal from the decision o the Board o Adjustment and Appeals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that upon bearing the advice and recommenda- tions of the Board of Adjustment and Appeals and upon considering the suggestions made by the applicant and suggestions and objections raised by the affected property owners, within a radius of 350 feet thereof, in public hearings duly held by the Shakopee Board of Adjustment and Appeals and the Shakopee City Council that the aforementioned variance be and is hereby: as follows : BF. IT FURTHER RESOLVED, that pursuant to Shakopee City Code 11. 04, Subd. 5 B-5, if an approved variance is not utilized within one year from date herein approved or by Sept. 1, 1988 null and void. Iit shall become Adopted in regular session of the City Council of the City o Shakopee, Minnesota he this 1st day of Sept. 19 87 ATTEST: 1p MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Vierling Drive Public Hearing DATE: August 26 , 1987 INTRODUCTION 6 BACKGROUND: At the request of the sole abutting property owners, Council continued the August 4 , 1987 public hearing for Vierling Drive from C. R. 17 to the east approximately 3200 feet to September 1 , 1987. The request was based upon the property owners inability to consider their position and provide testimony. As of the date of this memo, staff has not -received any feed back from the property owner, Scottland Companies. Attached is a copy of my July 30, 1987 memo containing options available to Council . The alternatives are addressed in more detail in the feasibility report. REQUESTED ACTION: Reopen the public hearing. KA/pmp HEARING MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer?/1— 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. Alta 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 lDa/ MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Downtown Design Standards - Buildings DATE: August 13, 1987 Introduction• In the future, it is likely that the Downtown Committee will discuss offering incentive programs to property owners in the downtown area (B-3) to encourage the improvement or renovation of building exteriors. In order to assure that exterior improvements are of an appropriate design, design standards should be developed and applied by the City of Shakopee in their approval and implementation of any incentive programs. The Downtown Committee has attempted to develop a set of design standards that will help preserve and enhance the uniqueness of the downtown area. Background: The design standards developed by the Downtown Committee have been written in general terms in order to be applied to the different building styles which exist in the City's downtown area. Precise and detailed standards would require distinct and unique standards for each building style; therefore, the general standards proposed by staff will be relevant to every building. The application of the standards should be flexible, realizing that a standard which does not reasonably address or "fit" a particular building style should not be considered binding. Furthermore, because of the need for general requirements, the standards are less well-suited to newer buildings than to older structures. Owners of structures of all vintages and owners/builders of planned new buildings are strongly encouraged to keep these standards, as well as the goals, purposes and objectives, in mind as they develop concepts and plans for construction. In this way, the existing design quality of the downtown area can be respected and utilized to further both Private and public purposes. The proposed standards go beyond minimum building and housing code requirements and introduce standards of building design that will be strongly recommended for all projects receiving City financial assistance. The intent of these design standards is to insure that, when City funds are expended for building rehabilitation or new construction in the downtown area, public purposes are furthered. The design standards promote a respect for original quality of building design, protection of property values of adjacent buildings, and improvement of Shakopee' s downtown image and potential physical attractiveness. Shown in attachment #1, is a copy of the proposed downtown design standards approved by the Downtown Committee at their meeting on August 12, 1987. The standards proposed have been prepared based on Design Standards followed in the communities of Eau Claire, Hastings, Red Wing and the Main Street Program. The Downtown Committe is recommending that the design standards be applied to all existing buildings receiving assistance through a City incentive program and within the B-3 District. The Downtown Committee also recommended that staff further investigate building material standards for new buildings that may be constructed in the Downtown Area. The Committee also suggested further information on the possiblity of creating a design review committee that would be responsible for ensuring that any new construction or rehabilitation is consistent with the design guidelines and design goals of the City. Pending Downtown Committee action, I will report back to the City Council on these two issues at a later date. If Council concurs with design standards proposed by the Downtown Committee, it would be appropriate at this time to approve Resolution No. 2784 (Exhibit A) adopting the Downtown Design Standards for the rehabilitation of existing buildings in the downtown area and incorporating these design standards into all financial incentive programs that the City may develop for use in the downtown area. Possible programs that we are investigating at this time include a revolving loan program and building facade improvement program. Exact specifics have not been worked out at this time. Possible funding sources for these programs include surplus TIF, HRA reserve fund or the pending assessment pool. Alternatives• 1. Approve Resolution No. 2784 adopting the Downtown Design Standards for the rehabilitation of existing buildings in the downtown area and incorporating them into all City incentive programs that may be developed for use in the downtown area. 2. Suggest changes and/or additions to the proposed standards and table any action on Resolution No. 2784 until our next meeting. - 3. Do not adopt Resolution No. 2784. 4. Table action, pending further information. Staff Recommendation: Staff recommends alternative #1. /00- Action oo_- Action Requested: Move to approve Resolution No. 2784 adopting the Downtown Design standards for the rehabilitation of existing buildings in the downtown area and incorporating them into all City incentive programs that may be developed for use in the Downtown Area (B-3 District) . tw design ATTACHMENT #1 DOWNTOWN DESIGN STANDARDS (B-3 District) A. General Standards 1. Original building elements and materials should be repaired as necessary and retained, rather than being removed or covered. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. 2. The removal or alteration of building elements or architectural details should be minimized. 3 . Rehabilitation work should correct any code violations on the facade. In addition, if existing non-facade code violations can be corrected only with increased difficulty. and expense because of the facade work, then the - necessary improvements should be included as part of the exterior rehabilitation project. 4. Rehabilitation should be encouraged which maintains an appearance consistent with the actual character of the building and that exhibits quality of design, materials, and features. 5. Alterations to the original facade -- where desirable -- should be done in a manner such that, if the alteration were removed in the future, the essential form and integrity of the original building would„be impaired. 1Cr 6. Buildings which are part of a series -- or group of similar buildings -- should demonstrate continuity of design. 7. Signs, materials and other existing features which do not meet these design standards should be removed. 8. Contemporary design for facade renovation may be acceptable if such design is compatible with the size, scale, color, materials and character of the building and its surroundings. The imitation of historic styles not compatible with the actual character of a building is strongly discouraged. B. Building Elements (storefronts, windows, doors and openings, upper facade and windows, cornices and building caps, sides and rears. ) 1. The size and shape of original doors and windows should not be altered. Recessed window glazing and door wells should be maintained. 2. Clear distinctions between first floors and upper floors should be maintained. 3 . Cornices, parapets and related elements which make up the top of the facade should be repaired as necessary and retained. 4 . Where energy conservation in buildings with large window areas is a concern, preferred solutions are insulating glass, internal shutters, and solid opaque panels mounted inside the windows. If the complete closing of a glazed bayisreasonable, the use of deeply recessed panel which maintains the bay outlines is the desirable solution. 5. The horizontal and vertical alignments of window frames and the patterns created by upper story windows should be maintained. 6. Sides and rears of buildings which have prominent views from public streets should be rehabilitated at the time that the front facade is improved. 7 . Previously boarded or bricked up windows and doors should be re-ported whenever possible. C. Rehabilitation Elements (repairs, materials, painting) 1. Repair and cleaning of existing surfaces and materials-- particularly those characterized by fine detail-- is strongly preferred to adding new surfaces and obscuring original materials and surfaces. 2. The sides and rears of buildings should incorporate-- where possible-- the same primary materials and similar colors and details used on the front facade. 3. Brick surfaces should be cleaned by the most gentle method possible (e.g. cleaning with a mild detergent; sandblasting should not be undertaken) . Painting previously unpainted brick surfaces is strongly discouraged. 4. Materials which are normally painted, or where paint has been applied in the past, should primarily utilize "earth tones" (i.e. browns and beiges, golds, green-browns, grey- greens) , used to highlight trim and other accent features. 5. In cases in which facades have been wholly or partially resurfaced with wood, glass veneer, stucco, or other materials, strong encouragement is given to removing these materials and repairing the original surface. D. Building Appurtenances (signs, canopies, and awnings, mechanical equipment) 1. Signs should be subordinate to buildings, in terms of size and design. Signs should fit within the existing facade. Preferred locations are the "sign panel" (first floor area above windows and doors) , on windows, and on the edge of canopies. 2. Signs should identify the business only, rather than any particular product or band. 3 . TV antennas, air conditioners, stacks, vents, solar panels, and other - mechanical equipment should be placed in as inconspicuous a location as possible. 4. Where heavy clusters of mechanical, heating and/or air conditioning equipment must be placed on the roof, attractive screening should be used. 5. Unused appurtenances and miscellaneous elements (e.g. empty electrical conduits and unused sign brackets) should be removed. 6. The use of awnings to unify groups of buildings is encouraged. This should be accomplished through the use of uniform materials, height and width. 7. Fabric canopies and awnings which conform with the design guidelines and standards are acceptable. Permanent metal awnings, mansard-shaped awnings and canopies, and flat canopies should be avoided. S. Signs, canopies and awnings, and mechanical equipment should not obscure building features. Exhibit A / 6L- RESOLUTION NO. 2784 A RESOLUTION ADOPTING DOWNTOWN DESIGN STANDARDS FOR REHABILITATION OF EXISTING BUILDINGS IN THE DOWNTOWN AREA WITH THE HELP OF INCENTIVE PROGRAMS WHEREAS, it is the intent of the Shakopee City Council to offer incentive programs to property owners in the downtown area (B-3 ) to encourage the improvement or renovation of building exteriors; and WHEREAS, the Downtown Committee has developed a set of design standards that will promote a respect for original quality of building design, protection of property values of adjacent buildings, and improvement of Shakopee' s downtown image and potential physical attractiveness; and WHEREAS, in adopting a set of design standards, it is with the understanding that the application of the standards should be flexible, realizing that a standard which does- not reasonably address or "fit" a particular building style should not be considered binding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the Downtown Design Standards, outlined in Attachment #1, attached hereto and made a part hereof, are hereby adopted with the explicit purpose of incorporating them into all of the City incentive programs that may be used for the rehabilitation of buildings in the downtown area. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 1st day of September, 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1987. City Attorney io 6 MEMO TO: John K. Anderson, City Administrator FROM: Barry. A. Stock, Administrative Assistant RE: Request for 1987 Regional Transit Board Budget Amendment DATE: August 25, 1987 Introduction• In 1987 the City of Shakopee has done quite a bit of experimenting with our Dial-A-Ride Program. The Dial-A-Ride Program has been so successful that the City' s option to utilize a third vehicle during the summer months had to be executed to handle our ridership demands. In 1987, the City of Shakopee also initiated an evening dial-a-ride service during the summer months. Again, this program has proven to be a success and is being recommended for continuation through the remainder of this year. Implementation of these new dial-a-ride services has created a need for the City of Shakopee to amend our transit assistance agreement with the Regional Transit Board in pursuit of additional funding to offset the costs of these new services.: Background: In the fall of 1986, the Shakopee City Council approved an amendment to the dial-a-ride contract for the addition of a third dial-a-ride vehicle for nine months of the year. The remaining three months were available at the option of the City. When the dial-a-ride contract was amended, staff stated that there was adequate funding available within our dial-a-ride budget to fund the addition of the third vehicle for nine months. With the success of our dial-a-ride program, it was necessary for the City of Shakopee to exercise the three month option for the extension of the third vehicle during the summer months. In conjunction with this extension, the City of Shakopee expanded their dial-a- ride service hours to the evenings during the summer months. The extension of the third dial-a-ride vehicle during the summer months was not budgeted as a program expense in 1987. The Energy and Transportation Committee is recommending to City Council that . the Transit Assistance Agreement between the City of Shakopee and the Regional Transit Board be amended to reflect the additional costs of operating the third dial-a-ride vehicle during the summer months. The approximate cost for this service was $7 ,510. The extension of the dial-a-ride service to the evening hours during the summer months was a demonstration project for the City. Adequate funding was available within our budget to fund this three month demonstration project. If City Council concurs with the recommendation of the Energy and Transportation Committee and wishes to pursue the continuation of the dial-a- ride evening hours for the remainder of 1987, it would be appropriate at this time to direct the appropriate City officials to contact the Regional Transit Board and request the 1987 Transit Assistance Agreement between the Regional Transit Board and the City of Shakopee be amended accordingly to pay for the costs associated with the dial-a-ride program expansion. Staff is projecting thatwe will need to add two vehicles during the evening hours when school is in session. The estimated project cost for the dial-a-ride service extension between September and December of this year is approximately $7,510. Because of the new programs that we have implemented, there has been additional marketing costs that were not projected when the 1987 transit application was submitted to the RTB. The Energy and Transportation Committee is therefore recommending that the Transit Assistance Agreement between the Regional Transit Board and the City of Shakopee be amended in the amount of $5,500 for additional promotional expenses associated with the new dial-a-ride services implemented this year and also to expand our van pool marketing efforts during the remainder of this year. The total amount of the budget amendment being requested by staff for the transit program in 1987 is approximately $20,519. Shown in attachment #1 is a breakdown indicating how this amount was determined. Staff is confident that the Regional Transit Board will approve the budget amendment since we originally only requested $155,000 in our 1987 budget request out of approximately $200,000 that is available to the City of Shakopee through the opt-out program. On August 20, 1987 the Energy and Transportation Committee moved to recommend to City Council that the appropriate City officials be directed to submit a budget amendment request to the Regional Transit Board in the amount of approximately $20,519.00. Should the City not pursue this course of action, we would be forced to discontinue our extended dial-a-ride service hours for the remainder of this year. Since the money is available from the Regional Transit Board, this would not seem to be a positive course of action. Alternatives: 1. Direct the appropriate City officials to submit a budget amendment request to the Regional Transit Board to amend the 1987 Transit Assistance Agreement between the City of Shakopee and the Regional Transit Board in the amount of $ 20,519.20. - 2. Do not amend the 1987 Transit Assistance Agreement between the Regional Transit Board and the City of Shakopee. Staff Recommendation: Staff recommends alternative #1. Action Requested: Move to direct the appropriate City officials to submit a budget amendment request to the Regional Transit Board to amend the 1987 Transit Assistance Agreement between the Regional Transit Board and the City of Shakopee in the amount of $20,519.20. ATTACHMENT #1 CITY OF SHAKOPEE Proposed 1987 Transit Assistance Agreement Budget Amendment Request 1. Addition of 3rd Dial-A-Ride Vehicle for 8 hours of service daily (M-F) during the summer months (June - August) Cost Calculations Projected Expense - 8 hrs/day X 21 days/mo. X 3 mo. X $18.90/hr. _ $9525.60 Projected Revenues - 504 hrs of service X $4 Rev/hr = $2016.00 Projected Project Cost - $9525.60 - $2016.00 = $7509.60 2. Extension of Dial-A-Ride Service hours for three hours daily (M-F) September - December running two vehicles. Cost Calculations Projected Expense - 3hr/day X 21 day/mo X 4 mo X 2 vehicles X $18.90/hr = $9525. 60 Projected Revenues - 504 hrs of service X 4Rev/hr = $2016.00 Projected Project Cost = $9525. 60 - $2016.00 = $7509.60 3. Promotional costs associated with advertising the new Dial-A- Ride Services - $ 2500.00 4. Promotional costs associated with expanded van-pool advertising campaign - $3000. 00 Budget Amendment Request Summary 1. Third Dial-A-Ride Vehicle Summer Months $ 7509.60 2. Extended Service hours $ 7509.60 3. Dial-A-Ride Advertising $ 2500.00 4. Van Pool Advertising $ 3000.00 Total Budget Amendment Request $20519.20 MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant 'O RE: Expanded Dial-A-Ride Service Hours DATE: August 25, 1987 Introduction: On June 8, 1987 Shakopee began operating summer evening hours for the Dial-A-Ride Program. Based on ridership data for the past two months, the Energy and Transportation is recommending that the extended service hours be continued through the remainder of 1987 and the Dial-A-Ride Contract be amended accordingly. Background- Shown in attachment #1 is a report indicating the level of ridership for the summer service hours during the month of June. Note that during the month of June we averaged four (4) passenger trips per hour. During the month of July ridership increased to an average evening ridership of 6.7 passenger trips. In the last three months I have received several phone calls from Shakopee residents who are interested in seeing the evening service hours expanded on a year around basis. Residents have informed me that they would be more apt to use the evening Dial- A-Ride service during the winter months when it gets darker earlier and the temperatures begin to drop. The Energy and Transportation Committee and I believe that it would be prudent to consider extending the Dial-A-Ride service hours at least through the remainder of this year. This would give us a better indication of the ridership levels we might experience during the school year and winter months. The summer evening hour dial-a-ride demonstration project was initiated through an option agreement that was specified in our original dial-a-ride contract. Since we have now exhausted that option period, it would be appropriate to amend the dial-a- ride contract to provide for the continued operation of our evening hour service through the remainder of this year. (See attachment #2) I have also included in this amendment an option arrangement for the City to continue the evening hour program through the remainder of the contract period if the program is successful or reduce the service hours as deemed appropriate by the City. The estimated cost for the extended service hours is approximately $1500 per vehicle/per month. There is adequate funding within our Dial-A-Ride budget to continue funding the demonstration project through the remainder of this year. If the City council concurs with the findings of the Energy and Transportation Committee, it would be appropriate at this time to recommend approval of Dial-A-Ride Contract Amendment #3 extending the Dial-A-Ride evening service hours through the remainder of this year. In December, the program . will be re-evaluated to determine if it should be continued on a year round basis. Alternatives• 1. Move to approve Dial-A-Ride Contract Amendment #3 extending the evening service hours through the remainder of this year. 2. Move to end the Dial-A-Ride summer service hours effective September 7, 1987. 3. Move to expand the Dial-A-Ride evening hours on a year around basis at this time. Staff Recommendation: Staff recommends alternative #1. Action Requested: Move to approve Dial-A-Ride Contract Amendment #3 extending the Dial-A-Ride summer service hours through the remainder of this year. Attachment B1 Dial-A-Ride Summer Hours 6: 00 PM - 8:30 PM ,Q G Ridership Report June DAY DATE DAZ1Y Tc^2_9 Monday 6/08 1 Tuesdav 6/09 5 Wednesday 6/10 3 Thursday 6/11 4 Friday 6/12 2 Monday 6/15 3 Tuesday 6/16 8 Wednesday 6/17 2 Thursday 6/1B 1 Friday 6/19 4 Monday 6/22 3 - Tuesday 6/237 Wednesday 6/24 7 Thursday 6/25 11 Friday 6/26 2 Monday 6/29 3 Tuesday 6/30 2 *Total For Month 68 Ave. Eventing Ridership 4 Dass. trips July Day Date Daily Total _ Wednesday 7/1 13 Thursday 7/2 9 Friday 7/3 closed Monday 7/6 2 Tuesday 7/7 4 Wednesday 7/8 2 Thursday 7/9 3 Friday 7/10 9 Monday 7/13 11 Tuesday - 7/14 12 Wednesday 7/15 4 Thursday 7/16 6 Friday 7/17 5 Monday 7/20 7 Tuesday 7/21 4 Wednesday 7/22 8 Thursday 7/23 10 Friday 7/24 10 Monday 7/27 5 Tuesday 7/28 1 Wednesday 7/29 10 Thursday 7/30 7 Friday 7/31 7 Monthly Total 149 Ave. Evening Ridership - 6.7 pass. trips Attachment $2 AMENDMENT NUMBER THREE SHAKOPEE DIAL-A-RIDE SERVICE CONTRACT AGREEMENT 1. Amend Section 7. Consideration to read: The contractor shall submit requests for reimbursement of eligible actual costs not to exceed $405,865 for the contract period. The City will in turn examine and approve such requests as deemed appropriate and submit them to the Regional Transit Board for actual reimbursement. 2. Amend Section 12 g. Service Package to read: Effective September 8, 1987 the contractor shall provide a third vehicle (minimum 12 passenger - maximum 24 passenger) . The _ charge for this vehicle will be based on a twelve (12) hour day for (5) days per week at the contract rate of $17.90 per hour. The City reserves the right to reduce the service hours of this vehicle to an 8 hour day upon a 15 day written notice to the contractor. CITY OF SHAKOPEE By: It' s Mayor By: It's City Administrator By: It' s City Clerk DATE: KARE KASS By: It' s Director of Operations DATE: C / -J MEMO TO: John K. Anderson, City Administrator V U FROM: Barry A. Stock, Administrative Assistant RE: Home Energy Check-Up/Minnegasco Project Extension DATE: August 26, 1987 Introduction• On August 4, 1987 the Shakopee City Council authorized the appropriate City officials to enter into a Home Energy Check-Up Program Agreement with Minnegasco. This agreement outlined the responsibilities of the City in regard to the Home Energy Check- Up Program. The agreement also guaranteed funding for the participation of 150 homes in the project and a financial commitment from Minnegasco in the amount of $80.00 per household. On August 19, 1987 Minnegasco officials contacted me and questioned whether or not the city of Shakopee was interested in extending this contract to a two year period with the same conditions as specified -for the first year of funding. Background: On August 20, 1987 the Energy and Transportation committee discussed this issue in greater detail. It was the consensus of the Committee that it would be a prudent move for the City to take advantage of Minnegasco' s offer and extend the project to a two year period. Essentially, Minnegasco' s offer would allow the City of Shakopee to offer 300 energy audits over a two year period with funding provided by Minnegasco in the amount of $80.00 per household. The amount of funding provided by Minnegasco is sufficient to cover the costs of the City associated with implementing and managing the program. The Energy and Transportation Committee also stated that because the Minnegasco Programs are only offered once to a community, the City should proceed with the one year extension at this time. At the August 20, 1987 meeting the Energy and Transportation Committee moved to recommend to City Council that the Home Energy Check-Up Agreement between the City of Shakopee and Minnegasco be amended to extend it for a second year at this time. If City Council concurs with the recommendation of the Energy and Transportation Committee it would be appropriate at this time to authorize the appropriate City officials to amend the existing Home Energy Check-Up Program Agreement with Minnegasco and extend - the project to a two year period. Approval of this action would provide for a two year Home Energy Check-Up Program to audit 150 homes in each year of the program with funding provided by Minneagasco in the amount of $80 per household. Alternatives• 1. Authorize the appropriate City officials to amend the Home Energy Check-Up Program Agreement with Minnegasco and extend it to a second year. 2. Do not extend the existing Home Energy Check-Up Program Agreement with Minnegasco. 3 . Table action on this issue pending further information from staff. Staff Recommendation: Staff recommends alternative 41. Action Requested: Move to authorize the appropriate City officials to amend the existing Home Energy Check-Up Program Agreement with Minnegasco and extend it a second year. MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Registered Land Survey DATE: August 25, 1987 Introduction• The City has purchased land in Block 29 of the original plat for the City. The City has prepared a registered land survey to be recorded with the County. At their meeting on August 6, 1987 the Planning Commission passed a motion recommending approval of the registered land survey. Background• The City has purchased the land located in Block 29 and approved transfer of tracts A & C to the City BRA. This transfer of land allows the HRA to aggregate parcels to promote potential development in the downtown. At the request of the City Attorney and County Surveyor a registered land survey has been prepared by the City because individual lots have been split. The registered land survey will not affect any public right of way or public utilities. Recommendation: The Planning Commission recommends approval of the registered land survey. Action Requested: Offer and pass resolution #2780 approving the registered land survey for . parts of Block 29, Original Plat, City of Shakopee. RESOLUTION NO. 2780 A RESOLUTION APPROVING THE REGISTERED LAND SURVEY OF PARTS OF BLOCK 29, ORIGINAL PLAT, CITY OF SHAKOPEE WHEREAS, the Planning Commission of the City of Shakopee did approve the Registered Land Survey of parts of Block 29, original Plat on August 6, 1987; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SHAKOPEE, MINNESOTA, that the Registered Land Survey of parts of Block 29, Original Plat, described as follows: That part of Lots 1 through 5, inclusive of Block 29 0£ the City of Shakopee, Scott County,. Minnesota described as follows: Beginning at the southwest corner of said Block 29; thence South 89027102" East, Bearing Assumed, along the southerly line of said Block 29, a distance of 299.60 feet to the southeast corner of said Block 29; thence North 0005' 15" East, along the easterly line of said Block 29, a distance of 9.74 feet; thence northwesterly 326.14 feet along a non-tangential curve concave to the south having a central angle of 6002 ' 34" a radius of 3092.36 feet and a chord bearing of North 66044' 44" West, to the westerly line of said Block 29; thence South 0002138" West, along said west line of Block 29, a distance of 136.44 feet to the point of beginning. Together with that part of Lots 1 through 5, inclusive, and Lots 8 through 10, inclusive, of Block 29 of the City of Shakopee, Scott County, Minnesota described as follows: Commencing at the southeast corner of said Block 29; _ thence North 0005 ' 15" East, along the east line of said Block 29, a distance of 9.74 feet to the point of - beginning of the land to be described; thence northwesterly 326.14 feet along a non-tangential curve concave to the south having a central angle of 60 02 ' 34" , a radius of 3092.36 feet and chord bearing of North 66044144" West, to the westerly line of said Block 29, said curve hereinafter called Line "A" ; thence North 0002 ' 38" East, along said westerly line of Block 29, a distance of 70.22 feet to its intersection with a line lying 66. 00 feet northerly of and running parallel with said line said parallel line hereinafter called lIne "B"; thence southeasterly along said Line "B" , a distance of 258.87 feet to its intersection with the ) 0 ¢ west line of Lot 5 said Block 29; thence South 0004106'- West, °04' 06"West, along said west line of Lot 5, a distance of 8.79 feet to its intersection with Line "C", said Line "C" being 58.00 feet northerly of and parallel with said Line "A"; thence southeasterly along said Line "C" a distance of 66.12 feet to its intersection with said east line of Block 29; thence South 0005115" West, along said east line of Block 29, a distance of 64. 49 feet to the point of beginning. be and the same hereby is approved and adopted. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said Registered Land Survey. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1987 City Attorney REGISTERED LAND SURVEY NO. 7423 N Obs IS"E 56 Coaoee •� Ir , CV 4 - v � / �p 0 - - -�U NCo4' �l"E Nej or ILIle Ki 6 0 1�, ILIy 0 i i Jr fn iL 48.7Z 141.94 NONOZ'se'E N O'Oi'3E5•" E �nzai w P.-= L ... 'i _. . �_.�_ : c The so,EA 9ne of $(ocA Z9, OF THE CITY OF bdAROPEE >0 0 30 a /a assumed to have a bearing of K-!89'37'02'W' MEMO TO: John K. .Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Study Regarding Impact of Commercial Recreation Development on the City. DATE: August 25, 1987 Introduction• At their meeting on August 20, 1987 the Planning Commission passed a motion recommending to the city Council that a special study be initiated to evaluate and recommend solutions to the problems created by our changing environment, namely, but not limited to the recreation/entertainment facilities within and surrounding our City. This study should be focused on, but not limited to, issues such as increased traffic, noise, crime, etc. Background- During the last three months the Planning Commission has been reviewing the conditional use permit application for the Starwood Music Center. The Planning Commission has held three continued public hearings on the proposal and at their meeting on August 20 approved the conditional use permit. Throughout- the public hearings Shakopee residents raised concerns anout the affects of existing commercial recreational development and the proposed Starwood Music Center on the community. After taking action on the conditional use permit application the Planning Commission passed a motion recommending a study be undertaken to determine these affects on the City and recommend courses of action which can be taken to alleviate potential problems. Staff Comments: A memo dated May 14, 1987 from Dennis Kraft outlined the suggested work program for the Planning Department for the next year. This memo pointed out that the City Planning staff does not have the time available to complete the work program. If this study is to be undertaken it would be necessary for the City to hire a consultant to complete the work. The above referenced memo contained as part of the suggested work program updating of the City's Comprehensive Plan during the winter and spring of 1987/88. The staff suggests incorporating this study into the work program for updating of the City' s Comprehensive Plan. Alternatives: 1. Pass a motion to not undertake a study on the impacts of commercial recreational development on the City. 2. Pass a motion approving the study and directing staff to advertise for a consultant to complete the study. 3 . Pass a motion requiring the study be incorporated into the work program for updating the City' s Comprehensive Plan. Action Requested: Offer and pass a motion to proceed with one of the above outlined alternatives. MEMO TO: Mayor .and City Coucnil FROM: John K. Anderson, City Administrator RE: Gene and Gwen Berg's Back-Flow Value DATE: August 24, 1987 Introduction The Shakopee City Council, at its July 7, 1987 meeting authorized the City to pay 75% of the cost of installing a sanitary sewer back-flow value in the private service line of Gene and Gwen Berg at 1601 Shakopee Avenue. Council made this decision because the Berg's are at a low point on the sewer line and have experienced three backups in 12 years. construction completed The City was provided with three estimates by Gene and Gwen Berg. The low estimated was Wayne Burville Plumbing at an estimated amount of $745.00 and the high bid was $810.00 by Aarons Plumbing. Mr. Burville has completed the work and submitted his itemized bill for labor and materials which exceeded the estimate by $239.56 (final bill $984.56 ) . I have had LeRoy Houser, who inspected the installation review the materials in the bill and the hourly rates charged by Mr. Burville (attached) . The materials are reasonable and the hourly rates charged by Mr. Burville and his assistant are the present market rates. I reviewed with Gwen Berg the amount of time spent on the job and she said that it was a realistic estimate of the time spent. Mr. Houser said that the overrun was fairly typical of all plumbers because they charge by the hour. Alternatives 1. Reaffirm the City's earlier decision to pay 75% of the increased installation costs at $984.56 for a City share of $738. 42. 2. Pay only 75% of the original estimate of $745.00 or $558.75. This would mean the Berg's would have to pay the difference or negotiate some reduced settlement with the plumber. Recommendation I recommend alternative No. 1. The dollar difference is not significant, and payment of 75% of the bill is consistant with Council's original intent. Action Requested Authorize the appropriate City officials to pay $738.42 to Wayne Burville Plumbing for 75% of the installation costs of a sanitary sewer back-flow preventer at 1601 Shakopee Avenue. JKA/jms Wayne Burville Plumbing N° 008561 11037 Eastview Circle � p i esakoyee. Minnesota 55379 Date 19 LiL ! / Phone:612445-4173 G PH:H.41j5— S/ Name W. Address /G o / a�` � Zip: S`— I Unit:Name PH. Address D Q City If Type of Work / yep=Z OTT Descnptlon Price Amount I i i i 1 1 Total Materials /7o Houm Labor a / -Sp %Rate�'�,Sp J7/.P Totel Labor Y a G ��• �� '� otsl Amount Due nID i Received by: Notice: Please read consumer information provided on reverse side. PLEASE TAKE NOTICE AND READ: Because of changes in the Minnesota state laws contractors are required by law to furnish owners with the following information; i CONTRACTOR NOTICE TO OWNER Persons or companies furnishing labor or materials for the im- provement of real propertymay enforce a lien upon the improved land If they are not paid for their contributions,even If such parties i 1 have no direct contractual relationship with the owner. — i# Minnesota law permits the owner to withhold from his contractor 7 so much of the contract price as may be necessary to meet the demands of all other Iain claimants, pay directly such liens and 3 deduct the cost thereof from the contract price or withhold such f amounts from his contractor until the expiration of 120 days from 1 the completion of such improvement, unless the contractor fun nishes to the owner waivers of claims for mechanic's liens signed by persons who furnished any labor or material for the improve. ment and who provided the owner with timely notice. Terms: All accounts are due and payable upon receipt of this invoice. Billing accounts 30 days past due will be charged .50% Interest per month which Is an annual rate of 6% simple interest, allowed under the Minnesota usery law for this type of account icontract with homeowners. iBusiness and commercial accounts will be charged 1.5% per month interest which is a annual rate of 18% except where specifically prohibited by applicable law. I 11 � I �L h�o-Q-d P - Y " Ab 5 fO� ,. p .- Jai-R- 33 • - " ABs S.� 90a (. .91 / 3 .8;�- BS S. $3 ! - X 2 ABS S. / ! Abs /•s/ ABs �-t 45 89 a ABS /a [ I �x a" ABs P syr / • � a.e.e�+-e-Q yce-2s_ ccs-e.�. �c. �s 15 � � �j ca-,.-.�--^� �r"•`",� @ 3• � 2 45'3 �� ate 2� a -Q c P-�- �o- -2z- a / a �- � � 7•S o S9/, a5 i o "I ao y 4cl� /a . 00 aog . sp 7 P 7/ l3 MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: vierling Drive through Hauer' s 4th Addition Resolution No. 2780 DATE: August 19, 1987 INTRODUCTION: Attached is a feasibility report for public improvements within Hauer ' s 4th Addition and Resolution No . 2780 approving the project and calling for bids. BACKGROUND: In addition to the feasibility report and resolution, there are two attachments to this staff memo. Attachment A indicated the streets within Hauer ' s 4th Addition which have all public improvements completed. Attachment B indicates those streets which have been studied and considered in the feasibility report. Throughout planning and plan development of this subdivision, it was anticipated that all public improvements would be constructed by the developer with appropriate City cost sharing addressed in the developer ' s agreement. The developer ' s agreement also provides for the option of the developer petitioning the City to make the improvements and assess the benefitted property. The developer is requesting the City to make the improvements and through the petition process has waived all rights to public hearing and rights to assessment appeal . At this point, plans and specifications for the improvements are complete and at Mn/DOT for review. By adopting Resolution No. 2780, Council will be approving the plans and calling for a bid letting date in advance of state aid approval . Although unlikely , this fast tracking procedure may result in a change order to accommodate unforeseen state aid requirements. The plans have incorporated a few innovative design elements relating to storm drainage, erosion control, turf establishment, and landscaping. The plans and specifications are on file in my office and I will be available prior to the September 1 , 1987 Council meeting if any Council members wish to view the plans. Of course, the plans will be available at the meeting if Council wishes to review at the table. Vierling Drive August 19 , 1987 Page 2 RECOMMENDATION: Adopt Resolution No. 2780. REQUESTED ACTION: Offer Resolution No . 2780 , A Resolution Receiving a Report, Ordering an Improvement and Approval of Plans and Specifications, and Ordering Advertisement for Bids for 13th Avenue, Jasper Road, and Limestone Drive, Project No. 1987-12 and move its adoption. KA/pmp MEM2780 §% G v LU - «yam Ft ��'` \ 2A. - - - � � ._A0461 � D 20 ri•• { gw tri '>} 1 z 4 Si IN Lu ZZ, • : i i en- t QED vas _ t; `r 4 ft _ _ �r8✓.r� _ ;-sem•—_ X13 . LZ Nitw ATT/Li t1 M � Ai T R RESOLUTION NO. 2780 A Resolution Receiving A Report Ordering An Improvement And Approval Of Plans And Specifications And Ordering Advertisement For Bids Roadway, Watermain, Sanitary Sewer, Storm Sewer Main 13th Avenue, Jasper Road, and Limestone Drive Project No. 1987-12 WHEREAS, a report has been prepared by Ken Ashfeld, City Engineer , with reference to the improvement of 13th Avenue , Jasper Road, and Limestone Drive within Hauer' s 4th Addition and this report was received by the Council on September 1 , 1987 . WHEREAS, the Council has considered the improvements of said 13th Avenue, Jasper Road, and Limestone Drive within Hauer' s 4th Addition in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $949 ,000.00. WHEREAS, the Council has received a petition dated June 1 , 1987 signed by all owners of the property abutting said improve- ments waiving their right to a public hearing and their right to assessment appeal . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . Such improvements are hereby ordered as proposed in the report dated August 20, 1987 . 2. Ken Ashfeld, City Engineer is hereby designated as the engineer for this improvement. 3. The work of this project is hereby designated as part of the 1987-12 Public Improvement Program. 4 . Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 5. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvements under such approved plans and specifications. The Advertisement for Bids shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 A. M. , on September 18, 1987 , at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, or their designated party , will then be tabulated, and will be considered by the Council at 7.:00 P.M. , or thereafter on October 6 , 1987 , in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier' s check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5%) percent of the amount of the Bid. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of , 19_• Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of , 19 _ City Attorney �1 FEASIBILITY REPORT FOR SANITARY SEWER, WATER SYSTEM, STORM SEWER AND STREETS WITHIN HAUER'S 4TH ADDITION CITY OF SHAKOPEE I herebey certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Resistered Professional Engineer under the laws of the State of Minnesota. Date — Registration No. 16185. AUGUST 1987 118 INTRODUCTION This report will address sanitary sewer, water system, storm sewer, and street improvements within Hauer' s 4th Addition within the City of Shakopee. PROJECT AREA The project area consists of Vierling Drive and portions of Limestone Drive and Jasper Road within Hauer' s 4th Additions. PROPOSED IMPROVEMENTS The proposed improvements consist of sanitary sewer, watermain, and streets on Jasper Road and Limestone Drive . - Proposed improvements along Vierling Drive consist of sanitary sewer, trunk watermain , storm sewer, storm water retention and a collector street of nine ton design and urban , four—lane characteristics. Also proposed along Vierling Drive is concrete sidewalk, boulevard trees and street lighting . At the intersection of Vierling Drive with County Road 16, turn lanes and bypass lanes will be constructed on C. R. 16. Vierling Drive carries Municipal State Aid designation and is classified as a collector street. ESTIMATED COSTS AND COST SHARING The following is a summary of estimated costs for each major item of the proposed improvements. Sanitary Sewer The estimated cost for the sanitary sewer is as follows: Construction Cost $49,000.00 Contingencies (10%) $ 4 ,900.00 - Subtotal $53,900.00 Indirect Costs (25%) $13 . 500 .00 TOTAL $67 ,400.00 The costs attributable will be 100% assessed to the benefitting lots within Hauer' s 4th Addition. 1 Water Svste. The water system is a 16 inch trunk facility with the following estimated costs. Construction Cost $126,800.00 Contingencies (10%) $__12.700.00 Subtotal $139 , 500.00 Indirect Costs (25%) $ 14,400.00 TOTAL $174,400.00 Since this is a trunk facility , Shakopee Public Utilities Commission has a policy of paying for all oversizing costs. The project cost will have the following estimated participation. Assessed Cost $78,500.00 SPUC Cost $95,900.00 The water system trunk charge will be paid by the developer directly to Shakopee Public Utilities. Storm Sewer 6 Storm Water Retention The proposed storm sewer will serve Vierling Drive as well as adjacent developable property. State aid will fund that portion of the storm sewer costs attributable to Vierling Drive. The amount of the state aid eligibility will be calculated by the hydraulics department of Mn/DOT during plan review . The remaining portion of the cost will be assessed to the benefitting lots of Hauer' s 4th Addition. A storm water retention pond is proposed along the south side of Vierling Drive . This detention facility will maintain pre- development runoff discharge rates until which time runoff can be accommodated by the Shakopee Bypass. At the time that Mn/D0t permits discharge to the bypass ditches and further development is proposed south of Vierling Drive, the detention facility can be eliminated. The estimated cost of the storm sewer system is as follows: Construction Cost $105,800.00 Contingencies (10%) $ 10.600.00 Subtotal $116,400.00 Indirect Costs (25%) $ 24, 100.00 TOTAL $145,500.00 The amount to be funded by state aid and the amount to be assessed will be determined by Mn/DOT. 2 r (� Streets The estimated costs for street construction of Jasper Road and Limestone Drive is as follows: Construction Cost $17,200.00 Contingencies (10%) $ 1 .700.00 Subtotal $18,900.00 Indirect Costs (25%) $ 4.700.00 TOTAL $23,600.00 This cost will be 100% assessed against the abutting, benefitted lots within Hauer' s 4th Addition. The estimated costs for 13th Avenue is as follows: Construction Cost $391 ,400.00 Contingencies (10%) $ 34, 100.00 Subtotal $430,500.00 Indirect Costs (25%) $107 -600.00 TOTAL $538,100.00 The City has a policy of funding that portion of the street costs attributable to functional classification. In addition, the City agreed to pay 100% of that portion of 13th Avenue that is not abutting Hauer' s 4th Addition which is approximately the easterly 900 feet. All City participation will be funded by state aid. The street improvement costs will be shared as follows : City Cost $398, 100.00 Assessed Cost $140,000.00 AgSFSSMRMTS The developer of Hauer' s 4th Addition petitioned for the proposed improvements waiving all rights of public hearings and assessment appeal rights . The estimated project costs include assumed contingency and indirect costs. It is anticipated that all improvements will be made prior to adopting assessments, therefore, actual costs can be assessed. The developer provided for the cost of plan development. Therefore, when final assessment amounts are calculated, plan development will not appear. For the purposes of determining the feasible nature of this project, all costs have been included, proposed as well as costs already absorbed by the developer. 3 SUMMAR The proposed improvements are feasible and will result in an improvement to the benefitting properties within Hauer' s 4th Addition as well as to the general motoring public. 4 m t• n f tt' 4 �•Y •°r + _.., Gz .rte' ���'� r _ '��_ se N —T !� � c6� " .1' T Y � •;• �- _ to c-ruaY 42FA MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Downtown Streetscape Project Prospective Change Orders DATE: August 26, 1987 INTRODUCTION: There are currently three change orders that are in the process of administration by the Engineering Department for the Downtown Streetscape Project . Change Order No . 1 consists of a clarification of selected alternative bids and provides for a review of the alternate bids on Phase I before proceeding with Phase II. There is no change in contract amount due to Change Order No. 1 . Change Order No. 2 consists of the work done to the old Pelham Hotel site to provide for a temporary parking area. The cost of this work has not been finalized as of yet but should be a relatively small cost . Change Order No. 3 consists of proposed revisions to underground conduit work included in the contract. Change Order No. 3 is the focus of this memorandum. BACKGROUND: The existing electrical system in the downtown area includes a substation located next to Community Services and primary routes along the alley north of City Hall and along Fuller and Sommerville . The distribution lines run along the alley alignments and connect to the various users. Attached is a rough sketch indicating the primary routes. The contracts for the downtown project include installing conduit to accommodate the future undergounding of distribution lines within the alleys. Conduits will be installed across the streets at the alley locations. The purpose of these installations are to prevent future street cuts when actually undergrounding the wiring. This .protection is relatively inexpensive because the conduit is for crossing the street only . Although access structures are contracted for these conduit crossings, it is desireable to increase the size of these structures to adequately handle the wiring and personnel. The main purpose of this memo is to discuss the merits of providing conduit for the future undergrounding of the primary runs on Sommerville and Fuller. Unlike the alley crossings, putting in the conduit is not inexpensive due to the following. • Borings under the railroad tracks • Size of conduit to accommodate the primary runs • Much longer runs which are longitudinal with the street versus crossing the street Downtown Streetscape August 26 , 1987 Page 2 The estimated cost for installing the conduit on Sommerville and Fuller from the south side of 1st Avenue to the north side of 3rd Avenue (existing project limits) is $40,000.00 per street. I see three main issues when considering the merits of installing the conduit with this project ; 1 . The cost effectiveness of installing the conduit now versus a future street out ; and, 2. If installed, how long before the conduit is actually used; and, 3. Aesthetics of the in-place primary facilities. 1 . Cost Effectiveness It is the posture of the City to plan for the future as much as possible to avoid added costs and avoid cutting into new streets. This is evidenced by the conduit installed in the Second Avenue parking lot, alley crossings and the City ' s five-year no street cut policy. In the case of the proposed conduit, trench settlement is not a problem as with deeper utilities. A narrow trench is dug to a 3 '-2" depth, conduit set and then poured with concrete . The remaining backfill is road base and surfacing. The main problem is the aesthetics of a patch. The patch could be obliterated by a seal coat across the entire street at a cost of approximately $1 ,000 per block. Since we seal coat a street about every seven years, the cost of trench restoration would depend on the place in time of the seal coat life-cycle. 2. Conduit Use There are no plans for undergrounding the primary line on Fuller. There are no firm proposals for the undergrounding of the primary line on Sommerville, but it appears this work would be logical due to the bypass work proposed in 1990. Also, the primary line along the alley north of City Hall will need relocating due to the bypass project. 3. Aesthetics The primary line on Fuller is not too bad aesthetically because it is quite high and not so obtrusive. The line on Sommerville is on older poles and closer to the ground making it much more visible. Downtown Streetscape August 26, 1987 Page 3 OTHER CONSIDERATIONS: As mentioned previously, when the minibypass is constructed, the primary line on Sommerville will be affected but most notably, about four blocks of primary in the alley north of City Hall will need to be removed. It seems logical to underground this line but the problem is location. Traffic will be maintained on 1st Avenue until the bypass is complete so this is not an option. This memo suggests that the alley between 1st and 2nd is a good location . This proposed location would provide for the undergrounding of the primary line, the distribution line within these alleys and possibly the restoration/reconstruction of these alleys as part of the bypass project. To provide for this proposal, the conduit crossings between 1st and 2nd should be increased in size to accommodate primary lines. Much of the information contained in this memo is the result of consultation with Lou VanHout, Shakopee Public Utilities Manager. His assistance has been very helpful and much appreciated. RECOMMENDATIONS: 1 . As a minimum, . I recommend that the access structures that were contracted for be increased in size to adequately handle future undergrounding of distribution a= primary runs. The estimated cost of this change is $15, 172.00. 2. It is also recommended that the conduit crossings between 1st and 2nd be increased in size to accommodate primary line installation when the bypass is constructed at an estimated cost of $4 ,500 .00. 3. It is alos recommended that conduit of size to accommodate a primary line be installed on Sommerville between 1st and 3rd. The estimated cost of this installation is $40,000.00. The actual cost has yet to be determined because Engineering is still exploring the possibility of using an abandoned storm sewer line under the tracks as a conduit run versus boring a casing pipe. If this can be done, we estimate a savings of approximately $5 ,000 .00. 4. It is also recommended that if Council wishes to have conduit installed on Fuller to accommodate that primary line , direction be given to staff. Due to the cost and uncertainty of when this installation would be used, staff is not recommending this installation with this project. Downtown Streetscape August 26, 1987 Page 4 SUMMARY: Change Order No. 1 is a result of Council action awarding the project with certain alternate bids and will be coming to Council for final approval . There is no increase in contract cost as a result of this Change Order. Change Order No. 2 is a result of previous Council action which leases the old Pelham Hotel site for parking. The increase in contract cost is not determined at this time. Engineering is using contract items where appropriate and "time and material" items in an effort to minimize cost. It is anticipated that the costs will be modest. Change Order No. 3 provides for added conduit improvements to accommodate future electrical undergrounding . Based upon the aforestated recommendations , the increase in contract cost would be approximately $59,672.00. It should be noted that Change Orders No. 1 , 2, 3 are not the result of unforeseen site conditions but would result in increased project assets. REQUESTED ACTION: No Council action is necessary at this time regarding Change Order No. 1 and No. 2 but will come to Council at a later date for final approval. Since final costs are not determined on Change Order No. 3 , final approval is not being requested at this time. The following action is being requested: Move to direct the City Engineer to cause the installation of changed conduit installations and the addition of conduit on Sommerville Street between 1st Avenue and 3rd Avenue as addressed in the City Engineer's August 26 , 1987 memorandum. KA/pmp STREETS D O G G - `l G _ p 0 l Q J CD m o m a �• NCD CDc o _. ,n cn cn Ul Cn (D F S� Q CD mo O m In 0. Q D O Q n — g Atwood � o " rn a cnTQ CD I 0 N =- :E CD cDuu Fuller -- ---- __ _ Ln c 0 CD rn 0 � o 25 Holmes :� m ° o C:° ° m O n `— — D g �• m UJ _ Q VT � Lewis e� m 0 o o CD cno : :E cn O SOmmerville�-,=—� — _ _ --- OM N°�r Q i CD U) o > > `� m m (D 0 � � m c � o Nj n � r i N m � F s K j F r g 8d TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Purchase of Used Investigative Vehicle DATE: August 26, 1987 INTRODUCTION Council authorized $7,700 in 1987 capital equipment funding to replace a vehicle used for investigative activity. BACKGROUND On April 28, 1987, council authorized the purchase of a used vehicle, however the purchase was not completed due to a mechanical problem. The department has obtained three quotations for the purchase of a used vehicle. We would also request council to declare the existing vehicle surplus property so that it may be sold at auction. The vehicle should not be transferred to another city department. Ouotations 185 Ford LTD - 48,000 miles $5035.00 '85 Oldsmobile Ciera - 49,000 miles $5700.00 '85 Chevrolet Impala - 54,000 miles $5350 .00 RECOMMENDATION Authorize staff to purchase from North Star Auto Auction a 1985 Ford LTD at a cost of $5035. Declare 1984 Oldsmobile four-door sedan surplus property. COUNCIL ACTION REQUESTED Authorize staff to purchase from North Star Auto Auction a 1985 Ford LTD at a cost of $5035. Declare 1984 Oldsmobile four-door sedan surplus property. RNNEAPLIS ORTHSTAR unownuxswc. NORTHSTAR AUTO AUCTION, INC. A Subsidiary of Anglo American Auto Auctions Inc. August 27, 1987 Mr. John DuBois Shakopee Police Department Shakopee, M 55379 Dear Mr. DuBois: The following vehicles were submitted for bids on surveillance vehicle: 85 Ford LTD Serial No. 1FABP3937FG175662 48,000 miles Bid: $5035.00 85 Olds Ciera Serial No. IG3AJ19EXFD393318 49,000 miles Bid: $5700.00 85 Chev 7mapla serial No. lGlBL69ZOFY133784 54,000 miles Bid: $5350.00 S' ly, J M� F10RTHSTAR AU'1C) AUCTION JA/kvb P.O. Box 257 • Shakopee, Minnesota 55379 9 612/445-5544 OH2O96 SHKO37 AUG 27 1987 08:07:29 06/27/87 08:07:35 w TXT LIC/NTG395. LIY/87. LIT/PC. CITY OF SHAKOPEE 129 E IST SHAKOPEE 55379 VIN/103AR69A6EM444055. VYR/84. VMA/OLDS. VMO/4DCSU. EXM/JUL. STICKER:06516158. - _____________________________________________________ _____________________S_ OH2O97 SHKO37 AUG 27 1987 08:07:29 06/27/87 06:07:54 NO HIT RMR LIC/NT0395 ______________________________________________________________________________. 5u12 pl a 3 MEMO TO: John Anderson 8. City Council FROM: Public Works Dept. SUBJECT: Capital Equipment Purchases DATE: August 28, 1987 INTRODUCTION: The 1987 Capital equipment budget provides for the purchase of a 2 1/2 ton truck, equipped with a sander, plow, underbody blade and a propane conversion. The truck, which was ordered in January, was delivered last week. We have received quotations for most of the accessories and would like to order this equipment shortly, in order to install it before the snow equipment is needed this fall. We had budgeted $42,000 for the complete truck and accessories, and the truck was delivered for $29,749, which will provide approximately $12, 250 for the snow equipment, radio, and LPG conversion. We will have enough money budgeted for equipping this truck with the necessary equipment. BACKGROUND: PLOW: We have again proposed to install a plastic (polypropolene) plow on this vehicle. This is the same type of plow that we have mounted on truck Units #102 , #103 , and our Case front end loader. We have found that these poly plows are very durable, and push snow much easier because the polypropolene offers very little frictional resistance, subsequently using less truck horsepower, and using less fuel, and not working the engines as hard as the conventional all-steel plows. This is especially noticeable with the heavy, wet, slush type snowfalls. This type of a plow is a "one of a kind" type of purchase, and generally costs about $1000 more than the conventional all-steel type plows. However, the quoted price we have received, ($5785.00) is $193.00 less than we paid for the last plow in 1985. Quotes received: Boyum Equip. Co. Frink Model 4511 Polymar plow Lakeville, Mn. 3" Hydr. lift cylinder $5785.00 29" Busting hitch (female mounted on plow. Itasca Equip. Co. Wausau 45" X 11' hydr.reversible Savage, Mn 3" lift cylinder. $5000.00 29" Busting hitch (female mounted) (This is a conventional steel-type plow shown for comparative purposes, with last years quoted price. ) p SANDER: Quotations were received from several distributors for sanders to mount on the truck. (City installation) We have been dividing our fleet with roll-type and spinner type sanders. Each type of sander is used for different applications, as required. The roll sander drops a heavier pattern of sand/salt material, but limits its distribution to only the width of the truck. The spinner sander actually "throws" the material, but this pattern is much lighter in density, but is excellent for center line sanding. This truck is scheduled for a spinner type sander. Quotes received: Itasca Equip. Co. Amer. Roads Model TG505 $1628 Boyum Equip. Co. Central Model 5-330RL $1750 Ruffridge-Johnson Fox Model 237 $1350 The distributors will charge $350 for installation if we decide to have the sanders installed at their shops because of the workload in our shop. UNDERBODY BLADE: All of our heavy trucks have been equipped with underbody blades since 1973. As we have placed new trucks into service, we have simply transferred the blade from the older truck onto the replacement vehicle, because they are fairly durable. We use these blades all year long, for leveling gravel, bituminous material, snow/ice, etc. This underbody blade purchase is the first blade replacement that we have made in 14 years. This type of installation is a fixed angle, one way blade. There are more expensive blades available that are reversible, but we have never needed the reversible feature. Quotes received: Root Model F-5 Ruffridge-Johnson Equip. $2484 Monroe Model 10 Boyum Equip. Co. $2415 Both distributors will charge $350 for installation of these blades at their shop. We would only use this option if our shop cannot handle the workload. This truck will be converted to propane as soon as we feel that the gas engine has been sufficiently broken in. The price that we have from our propane engine supplier is the same price that we had in 1985. ($700.00) We will install the equipment ourselves and use their dynometer for fine tuning the conversion. The propane conversion will be purchased from Propane Carb & Turbo Co. of Shakopee, Mn. We intend to install a low band Motorola 2-way radio in this vehicle. They have come down considerably in price lately. We have a quote of $745 .00 from the Motorola Co. We will install the radio in our shop. 1987 Budget $42,000 - 29,249 Truck - 500 PTO revision (change order) -------------- $12,251 Available for accessories - 2,415 Underbody blade - 350 Blade mounting ( if needed) - 1,350 Spinner sander - 350 Mounting (if needed) - 5,785 Polymer plow - 700 LPG conversion - 745 2-way radio --------------- $ 556 Balance RECOMMENDATIONS/ACTION REQUESTED: PLOW: 1 . Purchase the Frink Model 4511 Polymer hydraulic reversible truck plow from Boyum Equipment Co. for the quoted price of $ 5785.00. SANDER: 2. Purchase the Fox Model 237 spinner sander from Ruffridge-Johnson Equipment Co. of Mpls. , for quoted price of $1350.00. UNDERBODY: 3 . Purchase the Monroe Model 10 underbody blade Boyum Equipment Co. for the quoted price of $2415 .00. LPG KIT: 4. Purchase the propane conversion kit from Propane Carb & Turbo of Shakopee, Mo. for the quoted price of $700.00. RADIO: 5 . Purchase the Maxar Mobil Motorola radio from the Motorola Corp. of Minnetonka for the quoted price of $745 .00. 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COLLER. R `ms a Lz ATa ronxEY AT LAW aiz ms �zm �esa-iwowzsr ri wewvc SHAEOPEE. MINNESOTA 55379 HMO TO: SHAKOPEE CITY COUNCIL 1 FROM: Julius A. Coller, II DATE: August 28, 1987 IN RE: Authorizing the sale of intoxicating liquor on Sundays between 10 AM and 12 o'clock midnight limited to Class C license holders BACKGROUND: I have been asked for a written opinion on whether or not the City can authorize the sale of intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10 AM and 12 midnight on Sundays, providing this is limited to Class C On—Sale liquor licenses. ANSWER; Based upon an investigation and full consideration of the matter and the finding that the possibility of abuses and public nuisances arising from the additional hours of permitted sale of liquor in conjunction with thesale of food between the hours of 10 AM and 12 o'clock midnight as limited by the conditions and restrictions attaching to Class C licenses,would not be apt to occur, it is my opinion that granting the additional hours of sale would be a valid exercise of the City's police power as well as its control over the liquor licansea, and assuming that the Council desires to make such concessions, a public hearing must be set on the proposition and thereafter, if it wished to proceed further, the Council would pass an ordinance permitting Class C holders to sell intoxicating liquor for consumption onthe premises in conjunction with the sale of food between the hours of 10 AM and 12 midnight on Sundays, providing that the licensee is in conformance with the Minnesota Clean Air Act. MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk rJ RE: Licensing of Pool Tables DATE: August 21, 1987 INTRODUCTION: When Council approved applications for pool table licenses for 1987, they asked Staff for a report on the need for licensing pool tables. BACKGROUND: Minnesota State Statute provides that Council shall have power by ordinance to prevent or license and regulate the exhibition of circuses, theatrical performances, amusements, or shows of any kind, and the keeping of billiard tables and bowling alleys, to prohibit gambling and gambling devices, andto license, regulate or prohibit devices commonly used for gambling purposes. On August 28, 1973, Council adopted Ordinance No. 356 regulating and licensing pool tables. The fee contained in the Ordinance is the same fee charged today; $100.00 for the first pool table and $50.00 for each additional table. Three establishments currently hold a pool table license: Jerry' s Pizza for one pool table, Eagles for one pool table, and Richard's Pub (R. Hanover, Inc. ) for four pool tables. When reviewing the 1987 fee schedule published by the Association of Metropolitan Municipalities, it appears that not all cities license pool tables and it also appears that Shakopee's fees are the second highest listed. I do not know the reason for adoption of the original ordinance in 1973 ; whether it was to provide a source to insure compliance with State and Local Laws, or a means to generate revenue. Over the years the number of licenses has decreased. I checked with the Chief of Police and he does not recall any incident where the police were called relating to the use of pool tables. ALTERNATIVES: 1) Status quo 2) Repeal licening provisions 3) Reduce license fees 4) Raise license fees RECOMMENDATIONS: Alternative No. 3, reduce fees. RECOMMENDED ACTION: Direct Staff to reduce the license fee for pool tables to $50.00 per license when the 1988 fee schedule is prepared. _ JSC/tiv y 6.31 SEC. 6.31. BILLIARDS, POOL AND OTHER GAME TABLES. Subd. 1. License Required. It is unlawful for any person to keep or maintain any pool, billiard, snooker or other game table, available for public use without first having obtained a license from the City. Subd. 2. (Repealed by Ordinance No. 79 , 4th Series, adopted 11-17-81. ) Subd. 3. Practices Prohibited. It is unlawful for any: A. Pool, billiard, snooker or other game table licensee to be open between the hours of 1:00 o'clock A.M. and 6:00 o'clock A.M. of any secular day, or between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon on any Sunday, and permit use of such licensed facilities. B. Minor to play pool, billiards, snooker or other such table game where non-intoxicating malt liquor or intoxicating liquor is sold or consumed, unless accompanied by his parent or guardian. - -� C. For any licensee to cause or permit any minor to play pool, billiards, snooker or other similar table game where non-intoxicating malt liquor or intoxicating liquor is sold or consumed unless such minor is accompanied by his Parent or guardian. D. For any licensee to permit any form of gambling thereon. E. For any licensee to permit any person to become disorderly or to use profane, obscene or indecent language. F. (Repealed by Ordinance No. 103 , 4th Series, adopted 9-7-62.) G. (Revealed by Ordinance No. 103 , 4th Series, adopted 9-7-82. ) Subd. 4. Notice. No billiard, pool or game table license application, or recuest for transfer thereof between persons or locations, shall be acted upon by the Council until at least ten (10) days have elapsed after the - date of one publication, in the legal newspaper of the City, of a notice of such application - _ or request for transfer. . . - - - - Source: City Code -. l Effective Date: 4-1-78 EXCERPT FROM ASSOCIATION OF METROPOLITAN MUNICIPALITIES 1987 I FEE SCHEDULE, JULY, 1987. AMUSEMENT & COMMERCIAL RECREATION BILLIARDS/POOL TABLES CITIES 0 - 2, 500 FEE 10,000 - 20,000 FEE Andover St. Francis 12.00 Anoka 25 .00 Spring Park Champlin Woodland Hastings 10. 00 Hopkins 2,500- 10.000 Inver Grove Hgts. Lakeville Bayport Mounds View Chanhassen No. St. Paul 15.00 Chaska 50. 00 Oakdale Circle Pines Ramsey Dayton Robbinsdale 10. 00 _ Deephaven Shakopee 1st/100 ea.ad.5O - Falcon Heights 1st/25 2nd/15 Stillwater Fridley 1st/40 ea.ad. 10 Woodbury 60.00 Mahtomedi Mendota Heights Mound 10.00 Newport 25.00 Orono Osseo 10.00 Prior Lake Rosemount St. Anthony St. Paul Park Savage Shorewood Spring Lake Park - Wayzata 1st/25 ea.ad. 10 OVER 20.000 AppleValley Golden Valle Blaine Maple Grove y 50.00 35 -00 Bloomington 20.00 Maplewood Brooklyn Center 25.00 Minneapolis 1st/80 ea.ad.20• - Brooklyn Park 40.00 Minnetonka 5.50/table max. 52 Burnsville New Brighton Columbia Heights 50.00 New Hope 25.00 ± Coon Rapids inc. in amus. lie. Plymouth Cottage Grove 35.00 Richfield Cryst00 Eagan10 - al . 50 Roseville 1st/653ea.ad.l:. Eagan Eden Prairie St. Louis Park 15.00 t't Edina St. - Paul tst/117 ea.ad. 32t t - i -19- i -- MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Pullman Club Inc. , Liquor Violations DATE: August 28, 1987 INTRODUCTION AND BACKGROUND: Pursuant to Council direction, the City Attorney has prepared the attached Resolution No. 2789 which sets a time and place for a public hearing pursuant to law on whether the liquor licenses of the Pullman Club, Inc. should be revoked or suspended and whether its surety bonds should be forfeited. ACTION REQUESTED: Offer Resolution No. 2789and move its adoption j RESOLUTION 112789 - A Resolution Setting a Time and Place for a Public Hearing Pursuant to Law on Whether the Liquor Licenses of THE PULLMAN CLUB, 'INC. should Be Revokedor .Suspended and Whether Its Surety Bonds Should Be Forfeited WHEREAS, At all times relevant hereto THE PULLMAN CLUB, INC. held the following liquor licenses issued by the City of Shakopee for one year beginning July 1, 1987: Off-Sale License On-Sale License Sunday Liquor License; and WHEREAS, Daniel Colich is the President of THE PULLMAN CLUB, INC. and is in active control and management of the place of business of said licensee; and WHEREAS, On June 11, 1987 the said Daniel Colich plead guilty on District Court of the First Judicial District tothe following violations of the State liquor laws: 1. To violation of Minn. Statutes 609.676 Subd 1(1) maintaining or operating a gambling place, a gross misdemeanor 2, To violation of Minn, Statutes 609.76 Subd 1(4) collecting the proceeds of any gambling device, a gross misdemanor 3. To violation of Minn. Statutes 609.755 (4) Allowing premises to be used for gambling, a misdeanor; and WHEREAS, Minnesota Statute 340.A415 requires the Council to either suspend for up to 60 days or revoke the licenses or impose a civil fine not to exceed $2,000 for each violation, but that no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedure Act; and WHEREAS, Each surety bond filed hereun pursuant to law provides that, in the event of any violation of law relating to the sale of intoxicating liquor, each such bond shall be forfeited to the municipality issuing the license. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL That a hearing be held in the Council Chambers of the City of Shakopee pursuant to law at 9:30 o'clock in the forenoon on the 15th day of October, 1987 to determine whether the liquor licenses of THE PULLMAN CLUB., INC. should be suspended and if so, for how long; or in the alternative whether the said licenses should be revoked and whether said bonds shall be forfeited to the City. BE IT FURTHER RESOLVED That notice of said hearing shall be forthwith served on THE PULLMAN CLUB, INC. by service on its President Daniel Colich and a further notice shall be served on Daniel Colich as an individual at the same time by personal service. BE IT FURTHER RESOLVED Thatallthings necessary and proper to be done to carry out the intent and purpose hereof are hereby authorized and directed to be done. Passed in session of the City Council of the City of Shakopee, Minnesota this _ day of 1987. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form th' 28th day of August, 1987. City Attorney JULIUS A. COLLER. Il A.co.usn ATTOHNEY AT LAA' �e ss- n.o wss� Avcrvoc ms z SHAEOPEE.MINNESOTA 65329 August 20, 1987 RECEIVED ALIG 2 11987 Mrs, Judith cox Clerk City Clerk CITY OF SHAKOPEE Shakopee City Hall 129 East First Avenue - '- - - Shakopee, Minnesota 55379 Dear Judy: In re: Agreement and Restrictive Covenants Enclosed are two sets of agreements and restrictive covenants that I received from the Metropolitan Council and which are required by the Council. Similar ones have previously been executed but they were never completed and the person who signed them in behalf of the Metropolitan Council is no longer employed by the Council. The Council has redrafted the covenants and has sent them to me requesting that they be executed by the City and then returned to the Metropolitan Council. I have checked them and everything seems to be in order. So, would you kindly put them on the September agenda for authorization from the Council for the three Shakopee Officials to sign them for the City and then return them to me so that I in turn can return them to the Metropolitan Council. Thank you. Very truly yours, Juliu�oller, II JAC/nh ACTION REQUESTED: Authorize the proper city officials to sign agreements and restrictive covenants with the Metropolitan Council for parcels 3-6 and for parcel No. 7 acquired with Metropolitan Right-of-Way Acquisition Loan Funds. - AGREEMENT AND RESTRICTIVE COVENANT THIS AGREEMENT, made and entered into this day of 19by and between the City of Shakopee, parTy—of the firs par , an he Metropolitan Council of the State of Minnesota, party of the second part. WITNESSETH: WHEREAS: A. Party of the first part has acquired a fee interest in the following described real property, to-wit: Exhibit A attached. B. Party of the second part has contributed funds toward the acquisition of said interest in said real property pursuant to its Loan Program and a Loan Agreement with party of the first part as authorized by Minnesota Statutes Section 473.167. C. Said Loan Program was established pursuant to said law to provide for the acquisition of property within the right-of-way of a state trunk highway shown on an official map when necessary to avoid imminent conversion of such property to a use which would jeopardize the property's availability for highway construction. NOW, THEREFORE, in consideration of the grant heretofore made by second party to first party as aforesaid and in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows: No sale, lease, mortgage, or other conveyance, nor the creation of any easement, restriction, or other encumbrance against the above-described real property shall be valid for any purpose unless the written approval of the Metropolitan Council or its successors is duly filed and recorded at the time of the filing and recording of the instrument to which such approval pertains, nor shall said real property be used for any purpose except Trunk Highway 101 unless the Metropolitan Council or its successors shall consent to such other use or uses by instrument in writing duly filed and recorded and designating the nature, extent, and duration of the use for which such consent is given. - 2 - This Agreement and Restrictive Covenant may be enforced by the Metropolitan Council or its successors by appropriate action in the courts of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be —wecuW in their respective names all as of the date first above written. ApprRved as to form: METROPOLIT I COUNCIL By Davidenz, Executive Direotor This document drafted by: JC CITY OF SHAKOPEE City Attorney City of Shakopee By 211 West First Avenue Mayor Shakopee, Minnesota 55379 By C ty A tmstrator By City Clerk STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of 1987, by , and , or ott uounty, a Minnesota municipal corporation, on be aF-T)� It3e corporation. Notary Public STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this/ day of 1987, by David Renz, Executive Director of the Metropolitan Council , a political subdivision of the State of Minnesota. dowa4g� NQAary FUDIIC KK074A 14 ELIZABETH MARQUARDT q NOTARY PUNUC-MINNESOTA w WASHINGTON MUNW MY Comm.EXOMS Au(.22.EM2 EXHIBIT A LEGAL DESCRIPTIONS OF PARCELS 3, 4, 5, and 6 PARCEL 3: That part of the West Half of the SW 1/4 of Section 9, Township 115, Ng 22, Scott County, Minnesota lying North of County Road 016 and Westerly of Lot 1 , Block 1, DCCD 1st Addition, Subject to the Northern Natural Gas Company Easements. PARCEL 4: Lots 2, 3, 4, 5, 6 and 7, Block 1;- Lots 6 and 7, Block 4; Lot 1, Block 5 and Outlot E, Killarney Hills Addition to Scott County, Minnesota. PARCEL 5; Lot 8, block 1, Killarney Hills Addition, Scott County Minnesota. PARCEL 6: Lot 11, Block 1, Killarney Hills Addition, Scott County] Minnesota. ABLEGD . . . MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Strategic Planning Process Critique (\ DATE: August 27, 1987 Introduction The City Council, when approving the 1988 Strategic Planning Goals and Objectives, asked City staff to evaluate the process in used in 1987 to establish the 1988 goals. In particular Council was interested in reducing the time taken to establish the goals and to reduce the repetitiveness of the process by possibly making it an every other year process. Department Head Evaluation The departments heads discussed this subject at their August 26, 1987 staff meeting. The consensus was that the format used in the 1987 process to establish the 1988 Strategic Plan was worth saving because it created more discussion and broader participation. It was suggested that the time to complete the process could be reduced by requiring that participants list their four key priorities prior to the first meeting, and that the individual lists be collected and tabulated for discussion before the first meeting. Department heads felt it was worth beginning the meetings informally and spending time discussing the items on the list before Councilmembers and department heads voted to pick the top four from each list. Department heads suggested an alternative to the every other year goal setting process. They felt that there was value in an annualized process that got Councilmembers and department heads together in an informal goal setting environment. It was felt that the types of goals being generated under the new process were much broader and would not likely be accomplished in one year. So it was suggested that every second year be a simple review of progress made on the prior year' s goals. This review could be accomplished in one 3-4 hour meeting and would include unstructured discussion of progress made on the - prior year's goals. Any changes to be made in the goals would be done by consensus at that meeting. Alternatives 1. The City can repeat the 1987 Strategic Planning Process in 1988 with no modifications. 2. The City can restructure its Strategic Planning Process by alternating a review year with a priority setting year. This would insure that every second year would be limited to one 3-4 hour meeting and would provide Councilmembers and department heads the opportunity to discuss goals in an informal setting.. - - - _ 3. The City could in fact change its procedures and meet every other year as Council initially suggested. 4. Council can decrease the time involved in the process by having participants list their 4 top priorities and then have that list compiled before the first meeting. This along with a simple review of the "Mission Statement" should limit the process to two meetings. Recommendation I recommend alternative No. 2 and 4 for the reasons discussed above. This would mean one 3-4 hour meeting on a review year and no more than two 3-4 hour meetings on a goal setting year. Action Requested Pass a motion establishing 1988 as a strategic plan review year requiring one joint City Council and department head meeting to review the status of goals and objectives established in the 1988 plan, and adopting procedures to shorten - regular year goal setting process by - completing certain written materials in advance of the first meeting. JKA/jms RESOLUTION NO. 2783 A Resolution Restricting Parking on Vierling Drive (MSAs 112) MSAS 112 (Vierling Drive) from C. S .A. H . 16 to the west approximately 3100 feet in the City of Shakopee, Minnesota. WHEREAS, the City of Shakopee has planned the improvement of MSAS 112 Vierling Drive from C . S . A . H . 16 to the west approximately 3100 feet, and WHEREAS, the City of Shakopee will be expending Municipal State Aid Funds on the improvement of this Street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite -to the approval of this construction as a Municipal. State Aid project in the City of Shakopee has been determined. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: . That the City of Shakopee shall ban the parking of motor vehicles on both sides of MSAS 112 (Vierling Drive) at all times. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19_, Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of , 19_- City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer* SUBJECT: Vierling Drive Resolution No. 2783 DATE: August 25, 1987 INTRODUCTION A BACKGROUND: Vierling Drive from County Road 16 to Polk Street is being planned as a collector street. The planned width of this collector street is 50 feet which will accommodate two lanes of traffic in each direction without parking. Plans for Vierling Drive from C.R. 16 to the west approximately 3100 feet are at Mn/DOT for review. The attached Resolution No. 2783 restricts parking on Vierling Drive. Alternatives: 1 . Adopt Resolution No. 2783. 2. Do not adopt Resolution No. 2783 and not use state aid funds on this project. 3. Do notadopt Resolution No. 2783 and add an additional 18 feet width of street to accommodate parking. RECOMMENDATION: It is recommended that Council adopt Resolution No. 2783 . ACTION REQUESTED: Offer Resolution No, 2783 , A Resolution Restricting Parking on Vierling Drive (MSAS 112) and move its adoption. KA/pmp RES2783 RESOLUTION NO. 2785 A Resolution Accepting Work On The Holmes Street Basin Storm Sewer Laterals Project No. 1986-1 WHEREAS, pursuant to a written contract signed with the City of Shakopee on May 28 , 1986, S.M. Hentges & Sons, Inc. , P.O. Box 212, Shakopee, MN 55379 has satisfactorily completed the Holmes Street Basin Storm Sewer Laterals , Project No . 1986- 1 , in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $ 0.00, taking the contractor' s receipt in full. Adopted in - session of the City Council of the City of Shakopee, Minnesota, held this _ day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney CERTIFICATE OF COMPLETION CONTRACT NO. : 1986-1 DATE: August 26, 1987 PROJECT DESCRIPTION: Holmes Street Basin Storm Sewer Laterals CONTRACTOR: S.M. Hentges 6 Sons, Inc. P.O. Box 212 Shakopee, MN 55379 ORIGINAL CONTRACT AMOUNT , . . , . . . . . . . $ 941,253.82 QUANTITY CHANGE AMOUNT . . . . . . . . . . . . . $ CHANGE ORDER N0, 1 THRU NO. 6 AMOUNT , . . $ -6,921.16 FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . $ 934,332.66 LESS PREVIOUS PAYMENTS . . . . . . . . . . . $ 934.332.66 FINAL PAYMENT . . . . . . . . . . . . . . . . . . $ -°- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and .knowledge, I find that the some has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. rofessionol Eng eer rib MEMO TO: John K. Anderson, City Administrator FROM: John DeLacey, Engineering Technician SUBJECT: Holmes Street Basin Laterals, Project No. 1986-1 DATE: August 28, 1987 INTRODUCTION : Council action is required for a resolution accepting work on Holmes Street Basin Laterals, Project No. 1986-1 . BACKGROUND: All of the work for this project has been completed in accordance with the Contract documents. The Certificate of Completion is attached. ACTION REQUESTED: Offer Resolution No. 2785, A Resolution Accepting Work on the Holmes Street Basin Storm Sewer Laterals, Project No. 1986-1 and move its adoption. JD/pmp MEM2785 MEMO TO: John K. Anderson City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Marschall Road Watermain, Project No. 1987-4 DATE: August 28, 1987 INTRODUCTION: Bids were opened on the above referenced project on Friday, August 28, 1987. The Engineer' s estimate was $64,100.00. BACKGROUND: Eight bids were received with the low bidder being G. L. Contracting, Inc. of Minnetonka with a bid of $50,595.26. REQUESTED ACTION: Offer Resolution No . 2786 , A Resolution Accepting Bid on Marschall Road Watermain, Project No. 1987-4 to G.L. Contracting, Inc. , 11421 W. 47th Street, Minnetonka, MN 55343 in the amount of $50,595 .26 and move its adoption. RR/pmp MEM2786 RESOLUTION NO. 2786 A Resolution Accepting Bid On Marschall Road Watermain Project No. 1987_4 WHEREAS, pursuant to an advertisement for bids for the Marschall Road Watermain , bids were received , opened and tabulated according to law, and the following bids were received complying with the advertisement: G.L. Contracting, Inc. $50,595.26 Bodine Excavating, Inc. $61 ,405.50 F.F. Jedlicki, Inc. $62, 178.00 S.M. Hentges & Sons, Inc. $63,536.50 J.P. Norex $64, 170.69 B & D Undergound, Inc. $66,850.54 Widmer, Inc. $70,808.00 Albrecht Excavating $93,723.00 AND WHEREAS, it appears that G.L. Contracting, Inc. , 11421 W . 47th St . , Minnetonka , MN 55343 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The Mayor and City Clerk are hereby authorized and directed to enter into a contract with G.L. Contracting, Inc. , in the name of the City of Shakopee for the improvement of Marschall Road Watermain , Project No . 1987-4 by Utility Improvements , according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 10_ ATTEST: Mayor of the City of Shakopee City Clerk Approved as to form this day of 19_. City Attorney �a C� MEMO TO: John K. Anderson City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Heritage Place, Project No. 1987-14 DATE: August 28, 1987 INTRODUCTION: Bids were opened on the above referenced project on Friday, August 28, 1987. The Engineer' s estimate was $292 , 185.00. BACKGROUND: Six bids were received . The apparent low bidder , G . L . Contracting, Inc. submitted their bid on an incorrect proposal form. The City attorney recommends G.L. Contracting' s bid be rejected. Therefore , the low bidder is Widmer, Inc . of St. Bonifacius with a bid of $252,097 .50. REQUESTED ACTION: Offer Resolution No. 2787, A Resolution Accepting Bid on Heritage Place Improvements, Project No. 1987-14 to Widmer, Inc. , P. O . Box 219, St, Bonifacius, MN 55375 in the amount of 252,097 .50 and move its adoption. RR/pmp MEM2787 RESOLUTION NO. 2787 A Resolution Accepting Bid On Heritage Place Improvements Project No. 1987-14 WHEREAS, pursuant to an advertisement for bids for the Heritage Place Improvements, bids were received , opened and tabulated according to law, and the following bids were received complying with the advertisement : Widmer, Inc. $252,097 .50 F.F. Jedlicki, Inc . $269,740.50 S.M. Hentges & Sons, Inc. $274 ,997 .89 Bonine Excavating $314,803 .50 Albrecht Excavating $320,431 .50 AND WHEREAS, it appears that Widmer, Inc. , P.O. Box 219, St. Bonifacius, MN 55375 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Widmer, Inc. in the name of the City of Shakopee for the improvement of Heritage Place, Project No . 1987-14 by Utilities , Streets, and Appurtenant Improvements, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19_. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19_. MEMO TO: John K. Anderson, City Administrator ,Q�j+„/ FROM: Judith S. Cox, City Clerk RE: Amending Lease between Chamb r of Commerce and City of Shakopee DATE: August 28, 1987 Introduction Prior to securing a loan for construction of the new Chamber office, the City has been asked to amend the lease between the Chamber and the City dated April 21, 1987. Background The lease states that the City is the present owner of the fee title to the land upon which the new Chamber building islocatedand the improvements to be constructed thereon. It has been made clear in - a subsequent agreement relating to the Visitor Information Center/ Convention Bureau that the Chamber will build and own the Visitor Information Center/Convention Bureau. The attached amendment will bring the lease dated April 21, 1987 into conformance with the subsequent agreement dated May 5, 1987. Action Requested Offer Resolution No. 2788, A Resolution Authorizing the Correction of an Error in that Certain Lease Agreement Dated April 21, 1987 Between the City of Shakopee and the Shakopee Area Chamber of Commerce, and move its adoption. JSC/jms RESOLUTION NO. 2788 A RESOLUTION AUTHORIZING THE CORRECTION OF AN ERROR IN THAT CERTAIN LEASE AGREEMENT DATED APRIL 21, 1987 BETWEEN THE CITY OF SHAKOPEE AND THE SHAKOPEE AREA CHAMBER OF COMMERCE WHEREAS, on the 21st day of April, 1987 a lease agreement was made and entered into by and between the City of Shakopee and the Shakopee Area Chamber of Commerce and that an erroneous statement appears in the second paragraph on page 1, which is as follows: ". . .and the improvements to be constructed thereon. . . " This statement was inadvertently inserted in said agreement and should be stricken therefrom. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL on behalf of the City of Shakopee that the lease agreement dated April 21, 1987, page one, paragraph two, should be amended to read as follows, to wit: "WHEREAS, Lessor is the present owner of the fee title to the land located in the County of Scott, State of Minnesota, legally described on Exhibit A attached hereto and made a part hereof (said land) being hereinafter (referred as "Premises" or "Demised Premises") ; and, BE IT FURTHER RESOLVED that with the exception of the above, the said agreement remains as originally and heretofore written. Passed in session of the Shakopee City Council held this day of 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1987. City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Special Election DATE: August 25, 1987 INTRODUCTION• The attached resolution was drafted by our bonding consultants, O' Connor and Hannan, some time ago for Council's consideration for setting a special election for funds to construct a new City hall. If it is desirable to hold a special election this november with the regular municipal election, the resolution should be adopted at the September 1st Council meeting, preferably, but not later than September 15th. BACKGROUND: Ballots must be ready no later than 30 days prior to the election for absentee voters. In order to meet that time frame the resolution setting a special election should be adopted at one of the next two Council meetings. The Scott County Auditor' s office will be coordinating the printing of the ballots for the AIS optical Scanner for governmental units in Scott County holding an election this fall who wish to use the optical scanner (Prior Lake, Savage, Shakopee and the Prior Lake School District) . They will also be present on the evening of the election for processing and counting of the ballots. It will be more costly to use the AIS Optical Scanner rather than hand counting the ballots - approximately $500.00- $600.00. This additional cost is for programming and printing of the ballots. However, the final results from the election will be ready sooner than if hand counted and the voters will not become confused by changing back to paper ballots every other year. If Council does not wish to use the AIS Optical Scanner, Staff should be informed. Also, attached is the most recent computer run from Springsted projecting the annual debt service for financing a new City Hall. ALTERNATIVES• 1) Adopt Resolution No. 2782, as drafted 2) Amend Resolution No. 2782 3) Do not adopt Resolution No. 2782 RECOMMENDED ACTION: Offer Resolution No. 2782, A Resolution Determining the Need for the Issuance of General Obligation Bonds and Calling a Special Election Thereon, and move its adoption. JSC/tiv SPPINGSTED iNCORPORa ED Po trcEa FSan�t,Piac , BS East$alce 1 Place Suite 106 Sarni Pad.uinn?soia 55101 2143 RECEIVED 612-2233-0 AUG 1 21987 CITY OF SH4xOPEE August 10, 1987 Mr. John Anderson, Administrator Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Mr. Jack Borman Borman and Associates 206 First Street North Minneapolis, MN 55401 RE: Estimates of Municipal Building Debt Service We are providing the City with revised estimates of the annual debt service and mill rates reflecting the updated project budgets supplied by Mr. Borman. These new budgets are for the Gorman site and the Block 50 site. For each site, optional budgets are presented for 10-year and 15-year bond issues. The alternative project budgets are as follows: Table I: Alternative Project Budgets Gorman Site Block 50 Site 10-Year 15-Year 10-Year 15-Year Land $ 350,000 $ 350,000 $ 500,000 $ 500,000 Construction 1 ,345,000 1 ,345,000 1 ,345,000 1 ,345,000 Equipment 120,000 120,000 120,000 120,000 Contingency 100,000 100,000 100,000 100,000 Consultant Fees 126,000 126,000 126,000 126,000 Legal 20,000 - 20,000 20,000 20,000 Bond Issuance 20,000 20,000 20,000 20,000 Total $2,081 ,000 $2,081 ,000 $2,231 ,000 $2,231 ,000 Less: Cash (850,000) (850,000) (850,000) (850,000) Plus: Discount 179,000 219,000 199,000 249,000 Netlssue $1 ,410,000 $1 ,450,000 $1 ,580,000 $1 ,630,000 Schedule: A A-1 B B-1 Ino.a^a O"cE .wens, r. 2i.2$ F '.ct sa,S:E ..C .fc 6E - 2. .C.- 19w= c - 2 1szeaa7sc � —14132-62a2 Mr. John Anderson Z� Mr. Jack Borman August 10, 1987 Page 2 Schedule A is an estimate of a bond issue for the Gorman site with a 10-year repayment program. For this schedule as well as all remaining schedules the interest rates listed in column 4 represent those currently available. The average annual tax levy with provision for the 5% statutorily required overlevy is $202,937. This debt service levy would cause the present mill rate to increase by an estimated 2.56 mills based on the current assessed valuation of $79,322,144. All four schedules are referenced at the bottom of the project budgets. The following table summarizes the average annual debt service levy with the estimate of mill rate change given the current assessed valuation. Table 2: Estimated Average Annual Debt Service Tax Levy and Mill Rate Site Gorman Gorman Block 50 Block 50 Issue Term 10 15 10 15 Schedule A A-1 B B-1 Average Annual Levy $202,937 $163,848 $227,355 $184,797 Mill Rate Change 2.56 2.07 2.87 2.33 Year of Last Levy 1996 2001 1996 2001 We trust this information fully responds to your request. Please feel free to contact us if we can be of any further assistance. Respectfully, David N. 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O N C 7 i m d m F UVm U u 44444 mmmcm mm E3 RESOLUTION NO. 2782 RESOLUTION DETERMINING THE NEED FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota as follows: 1 . The City Council hereby finds and determines: a) that it is in the best interest of the City and its residents that the City acquire land and construct thereon a new City Hall (the "Project") ; and b) that it is necessary to the sound financial management of the City that the project be financed in whole or in part by the issuance and sale of the City' s general obligation bonds in an amount not to exceed $1 ,630,000 . 2. The proposition for the issuance of such bonds shall be submitted to the voters of the City at a special election to be held on November 3 , 1987 . The election shall be held and conducted in accordance with the laws of the State of Minnesota relating to special elections. 3. The City Clerk shall cause a notice of election in substantially the form attached hereto as Exhibit A to be posted and published as required by law as follows : a) The notice of election shall be published once in the official newspaper of the City at least two weeks prior to the election; b) The notice of election and a sample ballot shall be posted at each of the polling places at least ten days prior to the election; c) The notice of election and a sample ballot shall be posted in the office of the City Clerk at least four days prior to the election; and d) The sample ballot shall be published in the official newspaper of the City at least one week prior to the election. 4 . The polls for the election shall be open at 7 : 00 o' clock a.m. , C.T. , and shall remain open until 8 :00 o ' clock p.m. , C.T. , and the polling places for the election shall be as follows: �Z Pollina Places Precinct 1 Fire Station 334 West 2nd Avenue Precinct 2 - Public Library 235 South Lewis Precinct 3 - Presbyterian Church 909 Marschall Road Precinct 4 - FRgle Creek Town Hall Junction of CR-16 6 CR-83 Precinct 5 - Christ Lutheran Church 1053 So. Jefferson 5. The City Council currently has under consideration two possible sites for a new City Hall , the Gorman Street Site , located on Gorman Street immediatley east of the City' s police and public works facility , and the block 50 Site, located on Third Avenue immediatley south of the City' s Library . In order to gather additional information on the preferences of the electorate regarding those two sites, the City Council hereby directs that the ballot shall also contain an advisory question indicating whether the voters prefer the Gorman Street Site, the Block 50 Site, or have no preference as to those sites. This question shall be purely advisory and is not intended to be binding on the City Council as to one or the other of those sites or alternative sites. 6. The City Clerk is authorized and directed to prepare separate ballots for the election to be printed on blue paper in substantially the following form: OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE, MINNESOTA NOVEMBER 3, 1987 QUESTION N0, 1 SHALL THE CITY OF SHAKOPEE ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $1 ,630,000 FOR THE PURPOSE OF ACQUIRING LAND AND CONSTRUCTING THEREON A NEW CITY HALL? (_) YES (_) NO INSTRUCTIONS TO VOTERS ON QUESTION NO. 1 : Voters desiring to vote in favor of the foregoing proposition shall make a cross mark (X) in the square opposite the word YES . Voters desiring to vote against the foregoing proposition shall place a cross mark (X) opposite the word NO. QUESTION N0. 2 WHICH OF THE FOLLOWING SITES WOULD YOU PREFER FOR THE LOCATION OF A NEW CITY HALL? (_) The Gorman Street Site, located on Gorman Street immediately east of the City' s police and public works facility. (_) The Block 50 Site, located on Third Avenue immediately south of the City' s Library. _ (_) No Preference . INSTRUCTIONS TO VOTERS ON QUESTION NO. 2 : . Voters should make a cross mark (X) opposite one of the three choices. Question No. 2 is advisory and informational only and is not intended to be binding on the City Council . A voter may respond to Question No. 2 whether the voter responded YES or NO to Question No . 1 . A voter' s failure to respond to Question No. 2, or an invalid response to Question No. 2, will not void the voter' s response to Question No. 1 . - 7 . The City Council shall meet in the City Hall on , 1987 , at o ' clock p.m. , C.T. , to canvass and declare the results of the election. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 1st day of September, 1987 . Mayor ATTEST: City Clerk Approved as to form this 1st Day of September, 1987 . City Attorney EXHIBIT A NOTICE OF SPECIAL ELECTION CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Shakopee , Scott County , Minnesota, on November 3 , 1987 , at which the following proposition will be submitted to the voters of the City for their approval or rejection: SHALL THE CITY OF SHAKOPEE ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $ 1 , 630 , 000 FOR THE PURPOSE OF ACQUIRING LAND AND CONSTRUCTING THEREON A NEW CITY HALL? (_) YES (_) NO The following question shall also be submitted to the voters on a non-binding advisory basis: WHICH OF THE FOLLOWING SITES WOULD YOU PREFER FOR THE LOCATION OF A NEW CITY HALL? (_) The Gorman Street Site, located on Gorman Street immediately east of the City' s police and public works facility. (_) The Block 50 Site, located on Third Avenue immediately south of the City' s Library . (_) No Preference. The Polling Places for said election are as follows: Precinct 1 - Fire Station 944 West 2nd Avenue Precinct 2 - Public Library 35 South Lewis Precinct 3 - Presbyterian Church q09 Marschall Road Precinct 4 - Eagle Creek Town Hall Junction of CR-16 and CR-83 Precinct 5 - Christ Lutheran Church _ 1053 So. Jefferson The polls for said election will be open at 7:00 o'clock a.m. , C.T. , and remain open until closing at 8:00 o'clock p.m. , C.T. Any qualified registered voter of the City is entitled to vote at said election, and any resident of the City not previously registered as a voter may register on election day, with proof of residence as required by law. BY ORDER OF THE CITY COUNCIL /s/ Judith Cox City Clerk City of Shakopee, Minnesota Dated: