HomeMy WebLinkAbout10/06/1987 MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: October 1, 1987
1. Councilmembers may have noticed a large number of mobile
homes in the parking lot west of Canterbury Inn the weekend
of September 25-27. The mobile homes were part of a
conference/show that was scheduled for the Canterbury Inn
that weekend. LeRoy Houser checked the mobile homes for
safety and Doug Wise checked them regarding zoning. We did
not receive any complaints about this weekend
conference/show event at City Hall, but its a gray area we
will try to clarify.
2. Attached is a copy of a letter from Springsted to Moody' s
Investors Service, Inc. confirming their visit with Shakopee
officials on Thursday, October 22. Please mark this date on
your calendar.
3 . Attached for your information is a pending bond sale
schedule compiled by Gregg Voxland and Ken Ashfeld.
4. Attached is a memo from Barry Stock explaining the $200.53
reimbursement to Mr. Jeff Siegel.
5. Attached for your information is a copy of a cover letter
from Rod Krass to the attorney for Don MCKush regarding his
suit to stop the Laurent golf course project. Mr. Laurent
has filed the counter claim not the City.
6. Attached is a copy of an appeal submitted by Loren Gross on
behalf of the Scott County Historical Society. The
Historical society is appealing City Council action to
retake Murphy' s Landing under ordinance No. 290 and 300.
Mr. Gross indicated to me that the primary purpose of the
appeal was to keep the options open for the Historical
Society pending action on our RFP process.
7 . Attached is a copy of the appeal filed by Robert A. Nicklaus
on behalf of Jackson Township appealing the Minnesota
Municipal Board action July 30, 1987 annexing approximately
150 acres to the City. The attorney for the petitioners is
Lee Vickerman from the Jaspers firm. He will be handling
the appeal. Jack Coller has offered our assistance where
appropriate.
8. Attached is a copy of a letter we received from Donna Barney
to Valleyfair complaining about their food service on August
25, 1587 .
9. Attached is a copy of a proposal I made to the Association
of Metropolitan Municipalities (AMM) Revenue Committee
regarding two issues dealing with Tax Increment Financing
and Fiscal Disparities. On September 30th the AMM Revenue
Committee approved proposed policy No. 1 and made it a C
priority. Problem No. 2 was tabled for further
investigation.
10. Attached is a copy of a letter from Rod Krass to Bruce
Huemoeller regarding the status of our arbitration hearing
with the Prior Lake Spring Lake Watershed District. The
arbitration hearing is scheduled for the end of October.
11. Attached are two memos from Marilyn Remer covering the
status of the Mechanic's comparable worth appeal and the
jointly filed appeal of the Park crew.
12. Attached is a memo from Judy Cox regarding the sidewalks
along 3rd Avenue adjacent to the new VFW site.
13. Attached is a response from Representative Bill Frenzel to
our letter opposing several of the revenue raising proposals
before Congress.
14. Attached is a copy of the Scott County Transportation
Coalition newsletter "Update" .
15. Attached is a copy of an invitation to Mn/DOT' s Open House
of the new and remodeled Shakopee and Jordan Maintenance
Truck Stations on Thursday, October 8th.
16 Attached is the bi-monthly newsletter from Ehlers and
Associates.
17. Attached are the agendas for the October 8, 1987 meetings of
the Board of Adjustment and Appeals and Planning Commission.
18. Attached is the agenda for the October 7, 1987 meeting of
the Industrial Commercial Commission.
19. Attached are the minutes of the September 17, 1987 meetings
of the Board of Adjustment and Appeals and Planning
Commission.
20. Attached are the minutes of the September 2, 1987 meeting of
the Industrial Commercial Commission.
21. Attached are the minutes of the August 20, 1987 meeting of
the Energy and Transportation Committee.
22. Attached is the monthly Building Activity Report for the
month of September.
, 23 . Attached is the monthly calendar for the month of October.
29. Attached is a copy of our first "Business Update from City
Hall" which we will be doing each month to be inserted in
the Chamber of Commerce newsletter.
25. Attached is a copy of page two of the October issue of the
Chamber of Commerce newsletter. It includes some
interesting statistics on the information booth. It will be
interesting to compare 1987 to 1988 with our new building.
26. Attached is an invitation from the Scott-Carver-Dakota
Community Action Agency for their Open House on Tuesday,
October 6th.
JKA/jms
SPRINGST'cD - - -
RECEiVtD
SEP2 11987
`nrTY OFSHAKOPEE
September 17, 19B7
Mr. William Streeter
Moody's Investors Service, Inc.
99 Church Street
New York, NY 10007
Dear Mr. Streeter:
This letter is to confirm your tentative plans to visit with Springsted clients in
the Twin Cities during the week of October 19, 1987. At this time, I am able
to provide you with a more detailed itinerary than was in my letter dated
August 4, 1987. The proposed itinerary is as follows:
Wednesday, October 21
Meet with representatives of Independent School District 272, Eden
Prairie, and Eden Prairie City officials.
Thursday, October 22
Meet with officials from the Cities of Savage and Shakopee.
Friday, October 23
Meet with representatives of Independent School District 191,
Burnsville.
At some point during your visit we would like to bring you over to our Saint
Paul offices for a tour and an informal reception. This will give you and the
rest of Springsted's analytical staff and project managers an opportunity to get
acquainted with each other.
Note that the Burnsville School District has been added to the itinerary. That
district will also be voting on a proposed $7,000,000 bond issue for a new
elementary school on October 6. The district's last long-term bond issue was
in 1977, so it has probably been quite a while since Moody's has thoroughly
reviewed their credit. Please let me know if you are missing current district
financial,statements or any other documents you may need for preparation; I
believe you have all of the necessary documents for the other participants. I
hope to send a draft copy of the Eden Prairie Official Statement to you late in
the week preceeding your visit.
Mr. William Streeter
September 17, 1987
Page 2
We look forward to meeting with you in October. As always, if you require
additional information, or hove any questions regarding the proposed visit,
please do not hesitate to call.
Sincerely yours,
Katherine C. KardeII
Analyst
cc: Mr. Harvey Zachem, Moody's Investors Service, Inc.
Dr. Gerald McCoy, Independent School District 272
Mr. Merle Gomm, Independent School District 272
Mr. Carl Jullie, City of Eden Prairie
Mr. Mark McNeill, City of Savage
Mr. John Anderson, City of Shakopee
Dr. Sally Bell, Independent School District 191
Mr. Carter Christie, Independent School District 191
/dlr
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Pending Bond Sale (Informational)
DATE: September 25, 1987
Introduction & Background
Staff and Springsted are preparing for another bond sale in 1987. The
goal is to manage our debt issuance in order to avoid issuing more than
$5,000,000 in debt in any given year. This will alleviate complex accounting,
reporting and possible rebate of arbitrage earning to the federal government.
Staff will ask for Council approval for a bond sale at the 10/20/87
meeting for either a TIF sale for partial funding of the Upper Valley project
or a combination of TIF and G.O. Improvement for special assessment projects
including Vierling Drive East and West, Heritage Place, Marschall Road Water
and Third Avenue Rehabilitation.
We have issued $3,365,000 so far in 1987, leaving a balance of $1,635,000
for 1987. According to the attached schedule, we have $5,500,700 in projects
that need bonding and are started or soon to start plus whatever development
projects appear next year in addition to the possible bond issue for a new city
hall.
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MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: Trip to River Bend Bills
DATE: September 8, 1987
INTRODUCTION•
On September 15, 1987 a City Council representative
questioned a $200.53 payment to Mr. Jeffrey Siegel. At this time
I would like to inform the City Council of the reason for this
payment.
BACKGROUND:
During the Starwood Music Center application review process,
a group of elected and appointed officials, Shakopee residents
and staff were sent to the River Bend Music Center in Cincinnati
to observe a rock concert and amphitheater performance. Mr. Jeff
Siegel representing Scottland also attended the event at his own
cost.
while in Cincinnati it became necessary for the City of
Shakopee to purchase tickets to the concert performance. Mr.
Siegel volunteered to pay for the cost of the tickets and bill
the City at a later date. It was also necessary for our group to
rent two cars in Cincinnati. Unbeknownst to me, whenever you
rent a car you need a major credit card. Because I did not have
a major credit card, I personally requested Mr. Siegel to pay for
the cost of renting a car and bill the City at a later date. Mr.
Siegel was very kind and agreed to have the cost of one vehicle
placed on his credit card.
Upon returning to Minnesota, Mr. Siegel submitted receipts
to the City for reimbursement of the concert tickets and car
rental costs as described above. Total cost of the concert
tickets was $132.00 and the cost of the car rental was $68.53 for
a total reimbursement request of $200.53.
LAW OFFICES 'RECEIVED
KRASS & MONROE
_-SR 1 51987
p illiP R. Kress CITY OF SHAKOPEE
Dennis L.Monroe Marschall Road Business Center
Barry K. Meyer 327 Marschall Road
Trevor R. Wakten P.O.Boa 216
Diraheth B. McLaughlin Shakopee.Minnesom 55379
Susan L Estill
Diane M. Carkan Telephone 4455080
Lyndon P. Nekon September 14, 1987
Kent A.Carlson,CPA
Ms. Heidi S. Schellhas
Attorney at Law
3209 West 76th Street
Edina, MN 55435
Re: McKush, at al vs. City of Shakopee, at al
Our File No. 1-5766-1
Dear Ms. Schellhas:
Enclosed pursuant to our recent telephone conversation please find the
Amended Answer and Counterclaim with regard to the above-referenced matter.
If you have any questions or comments regarding the Amended Answer and
Counterclaim, please feel free to contact me.
Very truly yours,
KRASS 6 MONROE CHARTERED
Phillip R. Kress
PRK:ph
Enclosure
cc City of Shakopee✓
Laurent Builders, Inc.
i
i
Type of Case:
MISC.
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
In Re: Appeal of SCOTT COUNTY )
HISTORICAL SOCIETY pursuant to ) NOTICE OF APPEAL
City of Shakopee Ordinance Nos. )
290 and 300 )
TO: Mayor of the City of Shakopee and Members of the Shakopee
City Council:
PLEASE TAKE NOTICE pursuant to the provisions of the City of
Shakopee Ordinances Nos. 290 and 300, the Scott County Historical
Society does hereby appeal from the resolution of the City
Council No. 2775 determining to revert Murphy's Landing property
title to the City of Shakopee.
The grounds for this appeal are as follows:
1. The findings upon which the resolution is based are not
supported by competent evidence.
2. The decision of the City Council of the City of Shakopee
is arbitrary, capricious, unreasonable and inequitable as applied
to the Scott County Historical Society.
3. The effect of the findings by the City Council are to
punish the Scott County Historical. Society for alleged
infractions of Ordinances No. 290 and 300 which infractions were
occasioned by the specific direction and request of the members
of the City Council and the City staff.
4. The effect of the findings by the City Council because
of alleged violations of Ordinances No. 290 and 300 resulted in
the Scott County Historical Society being punished for viola-
tions it did not cause and could not control, while Minnesota
Valley Restoration Project is rewarded for causing the very same
violations which are held against the Scott County Historical
Society.
5. Scott County Historical Society believes it is improper,
illegal, and beyond the authority of the City Council to cause
the effective rescision of a city ordinance by passage of the
resolution. Scott County Historical Society believes that an
ordinance can only be rescinded, repealed or amended by another
ordinance
6.The findings of fact made by the City Council upon which
Resolution 2775 is based are incorrect, insufficient and
improper.
The Scott County Historical Society asks that the
Resolution 2775 be declared null and void and of no effect, and
that the quit claim deed given by the City of Shakopee to the
Scott County Historical Society dated February 3, 1969, continue
in full force and effect, allowing possession of the property
described therein to continue in the hands of the Scott County
Historical Society.
CHRISTIAN . d GROSS
BY
ren Gross � 118
Attorney for Scott County
Historical Society
8609 Lyndale Avenue South
Minneapolis, MN 55420
Tel. 881-8636
NICKLAUS LAW FIRM 7
Rohert A.Nicklaus 103 West Second St. Young America Office
Patricia J.Milun Post Office Box 116 State Bank Building
P.Joseph O'Neill Chaska, Minnesota 55318 Post Office Box 75
Jonathan C. Icwis (613)4484747 Young America,Minnesota 55397
(613)4612330
Metro No.(612)4456135
August 27, 1987
Mr. Julius Colter II
Attorney at Law
. 211 W. 1st Ave.
Shakopee, MN 553T9
Re: A-4339
Vierling Annexation Petition
Our File No. 86-465
Dear Mr. Collar:
Enclosed and hereby served upon you by U. S. Mail please find Application for
Review and Appeal by Jackson Township from the Order of the Minnesota-Municipal
Board Dated July 30, 1987 in regard to the above entitled matter.
o truly
bert rA Nicklaus
RAN:jf _ _--
Enc.
CASE TYPE: 10
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTT FIRST JUDICIAL DISTRICT
_____________________________________________________________________
IN THE MATTER OF THE PETITION FOR APPLICATION FOR REVIEW
THE ANNEXATION OF CERTAIN LAND TO AND APPEAL BY JACKSON
THE CITY OF SHAKOPEE PURSUANT TO TOWNSHIP FROM THE ORDER
MINNESOTA STATUTES 414 OF THE MINNESOTA MUNICIPAL
BOARD DATED July 30, 1987
_____________________________________________________________________
TO: Minnesota Municipal Board, Suite 165 Metro Square, 7th and Robert
Street, St. Paul, Minnesota 55101; and City of Shakopee, Municipal
Hall, Shakopee, Minnesota 55379 and Lee Vickerman, Attorney for
Petitioner, the Estate of Josephine Vierling. _
Jackson Township, one oftheparties affected by the Order of
the Municipal Board appeals from the decision of the Municipal Board
and applied for review by the Scott County District Court on the
following grounds:
I
That Jackson Township is the current governmental unit for
the property proposing to be annexed and is agrieved directly and
indirectly by the Order of the Board in the matter described in the
caption hereof.
,I
The specific grounds of the appeal are as follows:
(a) The Amended Petition was not signed by all property
owners within the area to be annexed;
(b) The Amended Petition was not signed by any property
owner contrary to M.S.A. 414.033 Subd. 5;
(c) That the land proposed for annexation cannot be provided
-1-
with sanitary sewer service and that certain services
cannot be provided to the land in question in the near
future because of a policy established by the
Metropolitan Council;
(d) That the Board has no jurisdiction to act;
(e) That the Board exceeded its jurisdiction;
(f) That the Order of the Board is arbitrary, fraudulent
capricious and oppressive and is in unreasonable disre-
gard of the best interests of the territory affected;
(g) That the Order is based upon an erroneous theory of law;
(h) That Municipal Government is not presently required to
protect the public health, safety, and welfare in the
area subject to annexation;
(i) That the best interests of the area proposed for
annexation will not be served further by annexation;
(j) That the area subject to annexation is not now or will
not be urban or suburban in character;
(k) That Jackson Township cannot carry on the functions of
Government without undue hardship;
(1) That the Board specifically erred in proceeding to issue
the Order of Annexation contrary to the contractural
terms and provisions of a joint resolution as to orderly
annexation adopted by the City of Shakopee and the
Township of Jackson signed in 1975.
III
That this appeal is based on all the records, files and pro-
-2-
ceedings in the above entitled matter.
Dated this 7 day of August, 1987.
ROBERT A. NICKLAUS
Xn no
t; lJ`� lZ-
BY�. : Ul ��4...
Robert A. Nicklaus'
Attorney No. 79005
Attorney for Applicant-Appellant
103 Nest Second Street
Post Office Box 116
Chaska, Minnesota 55318
(612) 448-4747
-3-
RECEIVED
7600 Lawton Avenue South
Cottage Grove, MN 55016 SEP1 61987
CITY OF SHAKOPEE
September 4, 1987
Valley Fair
Family Amusement Park
Administration
1 Valleyfair Drive
Shakopee, MN 55379
Dear Sirs ;
For years we have enjoyed bringing our family to Valley Fair.
Unfortunately the last two years have not been so enjoyable
when it came to the dining. Last year' s food was of poor quality
and this year, my six year old son came down with a case of
food poisoning. Luckily he was able to vomit it up immediately
so the day wasn' t ruined for him, but your reputation for food
service was. Not only was his footlong, served from the Eatery
on August 25 , 1987 , rancid, my quarter pound hamburger had been
kept in the warmer so long it had shrunken down to dehydrated
meat that was tough and couldn't even cover half of the bun.
You must consider yourselves lucky in this situation, for if my
six year old son had been hospitalized, or God forbid, been lost
to me forever, in my grief I would have turned every legal repre-
sentative
epresentative I could against you. (But again this word) Luckily
my son had been able to tell me how bad he felt and how bad his
footlong was making him feel , so I was aware to taste his footlong
myself, and he was able to vomit the portion he had eaten.
My whole reasoning behind writing this letter is that you will
take the hint that you must improve the quality of your food
service personnel so that the food you serve does not cause
health risks . Every where we go at Valley Fair we see the steps
your corporation takes for everyone's physical safety on the rides
and grounds. Now it is time to take the same steps in your
Food Services. When I went up to the Eatery to discuss the
problem with the supervisor on duty, I was shocked to find out
that there was no supervisor there. Later I was to find out you
had a supervisor, but he was over the grounds to other booths ,
leaving those underaged teenagers alone to serve bad food out
uncaringly. Since you deem it necessary to monopolize the food
on the grounds you could at least serve up food that doesn't
poison your customers.
When I couldn't reach the supervisor at the Eatery, I went up to
the main gates to Customer Relations and was able to reach the
Page 2
Valley Fair Administration
Letter
September 4, 1987
the evening manager. Unfortunately, I didn't catch her name, but
she went immediately with me to the Eatery and checkedoutthe
situation. When she gave us back our money, I must admit I was
surprised. I hadn' t expected that, I just wanted to prevent any
more people going through such a terrible experience. This
again strikes me as a paradox - Why hire a good manager for the
park grounds but not the specialized people to care for the food?
I must commend the evening manager as going straight into the
matter at hand and not trying to come up with excuses for the
poor quality of people running the kitchens. For the last six
years I have had direct experience in the fast food service and
never would such an appalling conditions in poor food and personal
be allowed to occur.
Sincerely,
Donna Barney -
cc: Minnesota State Health Department
City of Shakopee Administration
Minneapolis Star and Tribune
St. Paul Pioneer Press
Eyewitness News
AMM Proposals 9/16/87
City of Shakopee
Tax Increment Financing (T.I.F. ) Issues Unique to the Metro
Area Because of Fiscal Disparities (F.D. )
1. Problem
Present T.I.F./F.D. law requires that a City or HRA make a
one time election to make the T.I.F. district F.D.
contribution from the district itself or from the "City as a
whole" . The vast majority of districts are created with the
City or HRA electing to make the F.D. contribution from the
City as a whole which increases the City' s mill rate
resulting in an additional tax burden.
If, by year two of the T.I.F. district, it is clear the
district could make the F.D. contribution and still meet
debt service payment the City could reduce taxes if the F.D.
election could be reversed. For high tax cities this may be
preferable to an early retirement of the T.I.F. District.
Proposed Policy
Amend current T.I.F./F.D. law by allowing a one time
opportunity for a City or HRA with a F.D. contribution from
the "City as a whole" to place the F.D. contribution back
in the T.I.F. District. (Note: this policy specifically
excludes a change of election from the District to the "City
as a whole" . )
2. Problem
Shakopee has experienced large technical errors in
T.I.F. /F.D. computations by elected county auditors. They
apparently have insufficient training in administering this
complicated interaction between T.I.F. and F.D.
Scott County' s Auditor made a $250,000/year error in 1982
caught after the fact by the City. It made a second
$600,000/year error in 1987 again caught by the City after
the fact. when uncovering the 1987 error we also found what
we believe are additional errors affecting other Scott
County cities with TIF Districts.
Proposed Policy
Require all seven metro counties to submit their total
T.I.F. /F.D. computation process to a central auditor to
prevent: ( 1) costly technical errors and ( 2) variations from
County to County in their T.I.F./F.D. policy
interpretations.
is
LAW OFFICES R E C E!Vtp
KRASS & MONROE
Q1ARlERED SEP 1 1987
Phillip R. Kress CITY OF r
S aWeZ
Dennis L.Monroe Marschall Roe
Berry K.Meyer
_._�__ 327 Mmscha2 Road
Trevor R.B.alstenMcLaughlin P.C. Box 216
Susan L. Es McLaughlin -
$usen L. Estill Shakopee.Minnesota 55379
Dune M. Carlson Telephone 445.5080
Lvnd.P. Nelson
Kent A.CarLaun,CPA September 16, 1987
Mr. Bryce D. Huemoeller
Attorney at Law
P.O. Box 67
16670 Franklin Trail, S.E.
Prior Lake, MN 55372
RE: Prior Lake — Spring Lake Watershed District
Our File No. 1-1373-117
Dear Mr. Huemoeller:
In accordance with Section- 8.02 of the Joint Powers Agreement relative
to the above-referenced entity, the City of Shakopee is demanding that an
arbitration take place for the purpose of resolving the dispute between the
parties hereto. By this letter, we hereby waive Section 8.02 Subdivision C
pursuant to our telephone conversations and request that the arbitration take
place the end of October, 1987.
We will be in touch as soon as possible to arrange the date of the
arbitration hearing.
Very truly yours,
KRASS 6 MONROE CHARTERED
Phillip R. Kress
PRK:jr:jl
cc: City of Shakopee
Memo To: John K. Anderson, City Administrator
Mayor 6 City Council Members
From: Marilyn M. Ramer, Personnel Coordinator
_r
Re: Status of Mechanic's Comparable Worth Appeal to the MAMA Appeals
Committee (Informational)
Date: September 15, 1987
Information
Gene Jeurissen, City Mechanic requested that the City file a Comparable
Worth Appeal with the MAMA Appeals Committee as he felt the job value too
low in perspective of the City's Mechanic's value and worth to the City.
This type of appeal would have system-wide impact and challenge portions of
the study methodology.
Backeround
The appeal was returned to the City in April 1987 with the following
explanation:
"Job Valued Incorrectly - In most cases, individuals made the above
statement and provided no specific instances where this could be judged.
The CDC Study was a "task" based study meaning that each individual task
or item of work was valued in relation to others. Each City received a
printout of all task values. If you wish the Committee to proceed
further on your appeal, you will have to submit a detailed list of tasks
inappropriately valued. We also might add that simply a few misvalued
tasks will not affect overall point values on the hierarchy. To make
significant changes, the appellant would have to show substantial
misvaluing of numerous tasks."
As there appears to be some misunderstanding surrounding the City's
possession of the value printouts referred to in the above correspondence, a
brief clarification is necessary. The City received these printouts June 2,
1986 at the same time the final results and hierarchy were released, which
was after the original TSPS and final revisions were submitted. As stated
above these printouts of values were released to Cities at that time to aid
in the Appeal process, which was the next step in the Study.
Gene wished to pursue the appeal and subsequently met with me to review the
value printouts, particularly comparing Office and Public Works tasks and
values. What we perceived as some specific inequities were summarized and
forwarded to the Appeals Committee. Attached is a copy of that appeal.
Todate we have not received a response.
This week a memo was received from Bill Joynes, Chairman of the MAMA
Committee informing participating organizations that the appeals process has
been reopened due to the fact that many organizations are just releasing
points to employees. It is now anticipated that disposition of all appeals
will be rendered by early fall.
August 21, 1987
Bill Joynes
MAMA General Labor Relations Chairman
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55422
Attn: Appeals Committee
Re: Appeal No. 86-7 for Eugene Jeurissen, City of Shakopee Mechanic
This is in response to the return of Eugene Jeurissen's appeal by the MAMA
Appeals Committee stating that specific task valuing must be provided in order
for the Committee to address the issue. Following are several comparisons of
individual tasks and values that we feel are inequitable.
Public Works Tasks 557-570-583 - Overhaul/rebuild gas engine - all have a
complexity rating of 55.
Public Works Task 563 - Repair/replace electrical systems - complexity of 49.
Public Works Task 578 - Repair/adjust/replace hydraulic systems - complexity of
49.
The requirement of a minimal two-year technical education followed by a
training period (apprenticeship) is necessary, plus the individual must
possess many intricate and precise skills to qualify for this type of
employment. Fewer pec ole (market supply and demand) are capable of
satisfactory performance due to these criteria. Please compare these task
values with the following tasks:
P.W. Task 377 - Plow sidewalks/street/parking lots, etc with heavy equipment-
with a 54 complexity rating. There is not the same degree of background,
education or training required for an individual to perform task 377 as there
is in performing task 563-578-557-570-583. An individual could be trained to
operate the heavy equipment in a much shorter time frame and with little or no
education in comparison to the education 6 training an individual requires to
overhaul an engine or repair electrical/hydraulic systems.
Office Task 416 - Obtain current market interest rates - Complexity of 53 (We
--- --- -- - perceive-this-taskto entail a simple telephone call to obtain market interest
rates) .
Office Task 608 - Type transcripts from tape recorded meetings using a
typewriter or word processing equipment - complexity of 55.
Office Task 799 - Coordinate bulk -mailings (e.g. arrange for mailings,
supplies, affix labels) . - complexity of 55.
Office Task 598 - Use written shorthand or speedwriting system to take high
speed dictation at conferences, meetings hearings, etc. - complexity of 84.
Office Task 599 - Use written shorthand or speeding system to take dictation in
normal office situations - complexity of 65. We do not believe task 598-599
involve any greater complexity than overhauling an engine yet there is a
difference of 9-29 points.
Office Task 597 - Use court reporting machine to take high speed, verbatim
recordings of conferences, meetings, hearings, etc. - complexity of 86. The
requirements necessary to become proficient in operating a court recording
machine are very similar to the requirements necessary to proficiently overhaul
an engine. These are both specialized professions requiring comparable
schooling & training and therefore are very similar in the terms of complexity
as in critiqued in the factor definition for Complexity. (enclosed) . Yet there
is a difference of 31 points between the complexity ratings. It is our opinion
that Tasks 563-578-557-570-583 are valued too low and should be in the same
range as Office Task 597 at 86 points.
Based on the above listed examples of what we perceive as inequitable ratings
for Mechanical tasks, we ask that the Appeals Committee reconsider the appeal
of Gene Jeurissen, Mechanic for the City of Shakopee.
Sincerely,
Marilyn M. Remer
Personnel Coordinator
CC: John K. Anderson, City Administrator
Gene Jeurissen, City Mechanic
Memo To: John K. Anderson, City Administrator
Mayor and City Council Members /^,{,,,, n
From: Marilyn M. Remer, Personnel Coordinatort I V
Re: Review Panel's Decision on Parkkeeper's Comparable Worth Appeal
(Informational)
Date: September 15, 1987
Introduction
In accordance with the Appeal/Review Procedures for Comparable Worth, the
Parkkeeper's Appeal has completed the four steps as set forth by the
procedure.
Backeround
The three Parkkeeper's (Wallace Lureen, Michael Hullander, 6 Glenn Heyda)
individually completed the original Time Spent Profiles (TSP) . During the
first review process, it was the consensus of staff that the Parkkeeper's
tasks/duties were similar and that one TSP would be reviewed and revised as
a composite for the Parkkeeper classification. It was Jim Karkanen's
.recommendation that Hullander's TSP best represented that classification and
after being reviewed/revised, it was resubmitted. The resulting points for
that composite are 53. An appeal was filed by the Parkkeepers.
The appeal process allowed each individual to thoroughly review and revise
as necessary his original TSP assisted by the Personnel Coordinator. The
1986 Labor Distribution Report was available to assist them in estimates of
time spent on various duties. These were reviewed by Jim Karkanen, John
Anderson and submitted for reprocessing. Listed below is a comparison of
the points received on the revised TSP's versus the original:
Name Revised Points Oricinal Points
Wally Lureen 57 57
M. Hullander 51 53
Glenn Heyde 51 57
The Review Panel consisting of Dennis Kraft, Gregg Voxland, and Mark
McQuillan reviewed all pertinent information and have made the following
recommendation:
"That Parkkeepers be consolidated at 53 points which is the
average of the three appealant's revised TSPS. 53 points was
prior point score and is benchmark for LEO, which the employees
(union) apparently want to be identified as. Further, the
employees appealed as a group indicating that they wish to have
one classification. They appear to perceive their jobs as
comparable."
MEMO TO: John K. Anderson, City Administrator _
FROM: Judith S. Cox, City Clerk
RE: Sidewalks Along 3rd Avenue Adjacent to New VFW Site
DATE: September 23, 1987
When the VFW purchased land for a new facility on 3rd
Avenue, the City released the developers agreement at their
request and required them to sign a petition requesting the City
to install the sidewalk with the City's sidewalk reconstruction
program. The VFW had intended to commence construction in 1985
and install the sidewalks themselves in conjunction with that
construction. The VFW construction was delayed and a new
petition was signed for 1986 and for 1987.
Rather than requiring the VFW to sign a new petition each
year, the attached petition has been prepared which will be
recorded and which will permit the City to commence construction
of the sidewalk whenever it deems appropriate. The petition is
being sent to the VFW for execution.
Petition For Public Improvements / -1
On September 18, 1979 the developer of Furrie' s 2nd Addition
entered into a developers agreement with the City providing for
among other things construction of sidewalks on Third Avenue and
Fourth Avenue. Subsequently the Shakopee VFW Post No. 4046
purchased lots 2,3 ,and 4 of Block 1, Furrie' s 2nd Addition, and
requested the release of the developers agreement and signed a
petition requesting the City to install sidewalk in conjunction
with the City' s annual sidewalk reconstruction project. It was
the VFW' s intent to begin construction of their new building and
install the sidewalks themselves prior to the City' s annual
sidewalk reconstruction project.
The building plans for the VFW have been delayed, the
sidewalk has not been constructed, and the petition requesting
the City toinstall the sidewalk in conjunction with the City' s
- - annual sidewalk reconstruction project is expiring.
The City is not anxious for the construction of the
sidewalk, but does want to insure its construction. To insure
construction of the sidewalk by the property owner, and not
desiring the City to install the sidewalk at this time, the
undersigned property owner hereby petitions the City of Shakopee
as follows:
The undersigned property owner of lots 2,3 , and 4, Block 1,
Furrie' s 2nd Addition, Scott County, Minnesota hereby petitions
the City of Shakopee to install sidewalks along 3rd Avenue
abutting the aforementioned lots and to assess them pursuant to
Minnesota Statutes Chapter 429.
The undersigned property owner for itself, its assigns, and
successors hereby waives its right to a public hearing prior to
Council ordering the improvements and also waives its right to a
public hearing prior to the levying of the assessments related to
said improvements and further waives all rights to appeal said
assessments which shall be assessed pursuant to Minnesota
Statutes Chapter 429 as a result of the installation of the above
improvements.
If construction is not mace by the property owner, and if at
_ some time the City deems it is in the best interest of the
community that the sidewalks be installed, the City shall
commence construction of the sidewalks and assess the cost
against the property.
Dated this _ day of 1987.
Shakopee VFW Post No. 4046
President
STATE OF MINNESOTA )
COUNTY OF SCOTT )
On this day of 1987 , before me, a
notary public within and said for County personally appeared
and to me personally
know, who, being each by me duly sworn, did say that they were
respectively the President and of the
corporation named in the foregoing instrument, and that the seal
affixed to said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Directors and said
and acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public
BILL FRENZEL 13
TMIRO OiSinKi.MmxEiOi. 8130 PExx FVExu '-13
BLODMIn612481 55<31-1338
813-B81-OfiOO
103fi Igxr. Rrx Bx�z
303-""871 Congregg of the Mniteb btateg
gouge of Repregentatibeg
Magijington, DC 20515-2303 .kE- x71j;,�r;
September 19, 1987 SEPI 81981
Mr. John K. Anderson CITY 9F SHAKQPF€
City Administrator
City of Shakopee
129 East first Avenue >-• - - - - -
Shakopee, Mn 55379
Dear Mr. Anderson:
Thanks for your letter opposing several of the revenue raising
proposals before Congress that are of consequence to the City of
Shakopee.
As you know, these proposals are being considered by Congress as
part of an overall revenue raising package. The Ways and Means
Committee has been instructed to come up with a package of over
$19 billion in new taxes for FY88.
I remain opposed to significant tax increases of any kind,
because I believe Congress has yet to gain control of escalating
spending. My experience has shown that most past tax increases
have been used for increased spending, rather than deficit
reduction.
Some tax increases may be necessary as part of an overall deficit
reduction package, but until I see real Congressional commitment
to spending control, I would prefer not to increase taxes. I
have yet to see such a commitment.
The Ways and Means Committee has completed hearings on the
various proposals under consideration in the revenue raising
package. It is still too early in the process to tell what the
final package will include, although I will oppose the proposals
that would impact the city of Shakopee.
I appreciate your counsel on this important matter.
Yours very truly,
Bill Frenzel
Member of Congress
BF:dw
Scott County Transportation Coalition
P.O.BOX 153 SHAKOPEE,MN 55379
Levine, Speaker Vanasek and Key Legislators Address
Noon Meeting of Prior Lake Rotary and Scoff County
Transportation Coalition
If you want your issues to have some month. That was when the Scott County
priority in the Minnesota State Legislature Transportation Coalition co-sponsored a By William Koniarski, Commissioner
there area couple ofthings you can do.First, major noon luncheon with the Prior Lake State Road Efforts
you should make sure that powerful mem- Rotary Club. wJ
bers of the Legislature come from your Featured headliners at the luncheon were
seNeeds Common VCICe
county.Second,you must do something to Speaker of the House Vanasek and the
Impress upon the Legislature the depth of slate's road chief, Leonard Levine, Com-
citizen commitment on your issues. missioner of the Minnesota Department of It is becoming increasingly clear that
something vital is missing from the highway
Ifthis scenario istheoutline ofa legislative Transportation.
"game plan,"than based on recent events, Joining Vanasek and Levine were other funding picture in the state of Minnesota.
the Scott County Transportation Coalition top officials including the powerful Chair- From our perspective in the Scott County
appearsTransportation Coalition,the major missing
letter.
to be following the "plan" to the man of the House Transportation Com- ingredient is a common voice of leadership.
mitten,Rep.Henry taale were
WaitersoAlso Clearly, there are plenty of leaders and
First of all, the matter of having the memo the head tableware : Stat Sen.
plenty of voices,but each appears to have
the
countht toy.
Thoughhave said with
a"tonguers -in-
members of the Legislature: State Sen. special agenda that is not totally consistent
the county. Though said wl(h the test
with Robert Schmitz (DFL, State ), Sen. Earl with our main concern.That concern is get-
cheek;'Scott County has met the test with Kelm ( FL-Sh Sauer), State Rep. Becky ting the Minnesota State Legislature to pass
Bob Prague)
uVanasei Rep. Robertced Speaker of
Kelso (DFL-Shakopee), and Rep. Bob astate highway funding program during
New Minnesota Housthe e
fReprese Spivey.He
Jenhissen briefOFIL-Lakeville). 1988 legislative session. ibe
the Minnesota HouseofRepresentatives.He In his brief remarks,Rep.Kalis told of the We have recently heard two of the most
also happens to represent a portion of Scott intensive effort that Rep. Kelso has used in significant voices of leadership speaking in
County in the Legislature since 1972. lobbying him in his role as Chairman of the ourcountyofthis issue.Commissionerofthe
The second portion of the success for- Transportation Committee. Kalis said that
mula, doing something to impress law- Kelso never misses an opportunity to Minnesota Department of Transportation
(MN/DOT), Leonard Levine and Robert
makers with the kind of commitment local
folks have to your issue, was handled lastVanasek (DFL-New Prague) both spoke of
Luncheon oonenuodonpg.4 the problem, but both come from different,
t understandable
Road Funding Panel Hears That Public Isn't Calling b Levine, as noted nershissrreimarks carried
For Increased Gas Tax elsewhere in this newsletter, simply wants
the lawmakers to give his Department the
State lawmakers are not hearing any great the initial meeting by noting, "I don't hear massive funding it will take to bring the
clamor from the general public(read"voting people clamoring for a but increase." This state's roads up to where they should be.
public")for enactmentof a new or additional remark speaks directly to the political con- Vanasek is concerned about priorities. He
but to fund the slate's increasingly serious cams being heard around the State Capitol. notes that the rural areas of the state have
road and highway needs.That,in part,is one Almost nobody in that legislative environ- taken the hardest hit in the recent$96 million
of the messages that was heard loud and ment has lost sight of the fact that next year, road project cutback announced this summer
clear as the new Transportation Finance 1988,Is an election year for mem bars of the by Levine.
Study Commission met for the first time to Minnesota House of Representatives. What is needed is a massive coalition of
look at the problem. That is clearly what was on the mind of those of us with common interests in getting
This commission was created in the late most atte idees to the road funding com- the road program passed in the next session.it
days of the 1967 legislative session when it mission's first meeting when they heard the can'tjust be the Scott County coalition,orthe
became clear that no agreement could be respected Chairman ofthe House Transpor- SW Corridor coalition,or the light rail transit
reached between the Perpich Administra- tation Committee, Rep. Henry Kalis (DFL- coalition,or the rural roads coalition,or even
tion and the House and the Senate on a new Walters)note that there is very little response the long time Good Roads coalition.It has to
highway funding proposal. As a result, the from the public at large about the state's bean all-encompassing movementthat rep-
commission was formed, comprised of 10 road and highway problems. Kalis, who is resents no single point of view, except the
members of the Minnesota State Legisla- also co-chairman of this study commission one of getting a road bill enacted into law.
ture,in hopesofarriving Wafunding solution advised the group that he hardly geeing any it's got to be a group who can put wide
that could be presented to the 1988 session callsorltterscomplaining aboutthe current their specific differences in order to agree on
of the Legislature and hopefully passed with lack of funding facing Minnesota's highway the one single proposition of getting the
the needed majorities. program. Legislature to act favorably on that road
One member of the Commission, Sen.
Marilyn Lantry(DFL-St Paul)set the tone for Lawmakers eonfiawd err ply.4 Commenfary eonlimred on pg.3
r1
Scott County Transportation Coalition
Commissioner Levine Scott County Finally Gets Its Chance To Say `Thank
Says A 12-Cent Gas Tax You, To Senator David Durenberger For His Help
Increase Is Needed To on Ferry Bridge Vote
Fully Fund State Road The people and businesses of Scott absolute minimum of one-vote.A lot of the
Effort County finally got an opportunity to do folks in Scott County have felt that the one
something they've wanted to do since last vote came from Senator Durenberger.
According to estimates prepared by the spring:express a proper level of apprecia- Durenberger's vote was, by account of
Minnesota Department of Transportation tion for Minnesota's senior United Stales most political observers,an act of significant
(MN/DOTj, some 65 percent of the states Senator David Durenberger. political courage.He voted against one ofthe
road system is currently in poor or fair condi- That opportunity came on the first of this most popular presidents in the history of his
tion. If something isn't done to correct this month when the Scott County Transports- Republican parry.And,he did it in the face of
situation,it is estimated that in 20 years over tion Coalition joined with other groups in atough reelection campaign coming up in
two-thirds,67 percent,of the slates system Scott County to honor Durenberger. The 1988.
will be classified as in"poor"condition. event was a special luncheon in Duren- In recognition of his support for the
With that as the backdrop,the Mn/DOT berger's honor held before a packed house Bloomington Ferry Bridge Project, Duren-
Commissioner, Len Levine came to Scott at the Knights of Columbus Hall in berger was saluted In a special resolution
County last month to plead his case of Shakopee. passed by the Scott County Board of Com-
departmental poverty. Appearing before a Durenberger was the object ofthis special missioners. A copy of the resolution was
joint meeting of the Prior Lake Rotary and show of Scott County affection because of presented to Durenberger by County Com-
the Scott County Transportation Coalition, his vote last spring overriding President missioner Bill Koniarski.Koniarski also had
Levine outlined some recent history. Reagan's veto of the Surface Transportation another special gift for Durenberger.it was a
Speaking first at a head table that was a Ad.Thetwasthe bill,passed by both houses framed copy of the Minnesota River and
virtual powerhouse lineup of public officials, of the U. S. Congress that included the river valley near the site of the Bloomington
Commissioner Levine talked of the growing funding for the long sought Bloomington Ferry Bridge.
pressure he's experiencing in hisjob because Ferry Bridge project. In his response,Durenberger spoke of his
of the highway funding issues. The initial Following the bill's passage by both the family's long time ties to Scott County and
pressure came when,as Commissioner,he U.S.Senate and the U.S. House, President the Peopleofthis area.He spokeofthe many
was forced to cut $96 million from the Reagan vetoed the measure. That was family trips through Scott County on their
planned list of highway projects. The cuts followed by an effort to override the pre- way to LeSeuer County, his father's native
were forced by a lack of money. sidential veto. A veto override takes a two- county. He then launched into a lengthy
Levine said that as tough as the cuts were thirds vote of each of the congressional recounting of the widespread and effective
they were"done fairly and without favoritism." bodies.The House acted first and overrode lobbying jobthatthe Scott County Transpor-
He noted that this is different from some by a substantial margin. tation Coalition had done to help get the
states where those legislators who vote In the Senate the vote was much closer.In funding of the Bloomington Ferry Bridge
against highway,road and bridge measures, the end, the veto was overridden by the through the Congress.
don't get road projects completed In the
legislative districts that they represent.
Levine recited a laundry list of things that
the 1987 Legislaturehad accomplished from
reform of thetax system to passage of badly
needed legislation for education.
Ata point in his speech when others report
that he usually points out that in spite of all of
their accomplishments, the one thing the
Legislature didn't do in 1987 was fund a state
road program, Levine suddenly stopped
short.
He avoided any and all criticism of the
Legislature.This could have been due to a Scott County Commissioner Bill Koniarski In the background Senator Dave Durenberger
change in Levine thinking from past speeches happily presenting a gift from the Scott County can be seen addressing the large luncheon
in other parts of the state. However, it Transportation Committee to Sen. Dave crowdthatturnedouttosay"Thank You"fohim
appeared to be more of a matter of political Durenberger at recent luncheon honoring the for his support of the Bloomington Ferry
prudence,in as much as the Speaker of the senator. Bridge Project.
Minnesota House was sitting at the head
table and due to speak following Levine's Levine said that to do what had to be done-- increase the gasoline tax in Minnesota
remarks. restore the $96 million in cuts and do the another 12 cents per gallon during the 1988
In getting tothe heartof histalk,thematter road projects planned for the next four legislative session.
of an increase in the gas tax,Commissioner years--it would take a legislative act to Levine mid itwouId take about a7 cent par
-2.
Levinecronfi —did mpg.2 Vanasek Expresses Support For Scott County Road
gallon increase in the gasolinetax in theneat E.ffwrkn. Says Rural
session just to restore the$96 million to the Efforts; y Resentment Toward Project Cuts
road program.
Levine did take special pains to note that Could Jeopardize Program
the cuts wouldn't affect some of the projects
long-planned for Scott County. Minnesota's new Speaker of the House of
Still included in the state's funding mix, Representatives left little doubt in anybody's
Levine pointed out, are the Shakopee By- mind where transportation issues rank on
Pass project,the Bloomington Ferry Bridge his list of priorities for the 1988 legislative
Project and the Trunk Highway 169 bridge session. Rep. Robert Vanasek (DFL-New
crossing the Minnesota River at Shakopee. Prague)told a packed Prior Lake luncheon
That latter project,Levine said,is scheduled last month that'on the House side,transpor- $
to be put up for bids in December, 1989. tation is shaping up as the dominant issue
With no one of Me state lawmakers in in 1988"
attendance offering to author or support Speaking to a noon meeting that was co-
such a bill, Levine quickly added a new sponsored by the Scott County Transporta-
thought. tion Coalition and the Prior Lake Rotary,
"I don't believe;"he stateq''that the user Vanasek Made it clear that his heart is with
fee concept of handling roads is any longer those pushing for transportation im-
adequate.Projects can't be done on 3 and 4 provements in Scott County. He told the Speaker of me House Bob Vanasek(DFL-New
cent a gallon tax increases,"Levine said. audience that he didn't need to be reminded Prague)addresses a Packedhouseata August
In an effort to show how some other of the neetls and concerns that road and noonfuncheonco-sPonsoredbythe Prior Lake
sources for road funding might work Com- highway problems raise in Scott County. Rotary Club and the Scoff County Tmnsporte-
missioner Levine said that a one penny in- Afterall, the popular political figure has tion Coalitiom.
crease in the state's 6 percent was tax represented parts of the county in the state will get the lion's share of the road
restricted just to the Twin City metro area Minnesota State Legislature for 15 year& monies.
would raise an extra$100 million per year. Vanasek's remarks are based on the fact
This, he suggested, is among a number of that the Perpich Administration was forced
options being considered to help fund to make reductions in slate road, highway
various local projects. and bridge projects totalling some $96
The meeting,which draw attendees from million.The overwhelming majority of those
all parts of Scott County, had close to 150 cuts were made in the state's rural areas.
Peoplewho listened attentivelytowhat Com- In what may have been a partial reference
missioner Levine had to say. However,due to the transportation concerns in Scott
to time Constraints and the large number of County, Vanasek predicted that regional
Program participants,the opportunities for L resentmentsfrorn different Parts ofthe state
the audience members to question the -� regarding the lack of progress on local
Transportation Commissioner were very �� ( transportations problems Could boil over
limited. '- next session.This, he felt,would adversely
Fallowing Levine's remarks,Representative Commissioner a TransPONefkm Len Levine. affect efforts to get new highway and mass
Becky Kelso introduced Speaker Vanasek. Seatedon the larlehot Levine are:Rep.Becky transit revenues adopted.
(See separate story in this issue on Vanasek Kelso(DFL-Shakopee),Speaker of the House
speech.) Vanasek(DFL-New Prague),Sen.Bob Schmitz
(DFL-Jordan)
COrnrllantarr Pontimrod bom pg. 1 it appears that Vanasek's remarks at the Ing
Prior Lake Rotary Club were only a warm up
package in 1988.It has to be a coalition that for public statements he made later in the
understands that politicians don't like to vote week.Vanasek spoke cut at the first meeting
for big spending bis in an election year. of the recently-created Transportation
llSuch a coalition, ifitIs big enough antl Funding Finance Study Commission at the
Covers the entire state, can make this pro- State Capitol. He said the resentment fromposition a political necessity where a law- rural legislators resulting from 1987 highway
maker would find it as tough to be against the cutbacks Could further jeopardize passage
measure as he would to support it. of a major highway funding package in the
The situation isgetting critical.Time lsfast 1988 session. Representative Bob Jensen (DFL-Lakeville),
running out on our ability to march as one. The Speaker, often referred to as the Rep.Representative
Kalil Bob Jensen
whoia Chairman
Something must bedonescon,orthe state's second most powerful job in state govern- of the House s(DFL-Transpatkln Committee and
road, bridge and highway program will Ment, mid that he Could foresee that the Rep. Becky Kelso(DFL-Shakopee)seen here
become virtually non-existent without major debate in any 1988 highway funding listening to House Speaker Vanasek's talk in
additional funding. proposal would be over what areas of the Prior Lake.
-3-
But
Wate
O.S.Postage
Scott County Shakopee.MN
Transportation Coalition Permh No.213
P.O. Box 153
Shakopee,MN 55379
612-445-3242
Scott County Transportation Coalition
Membership Categories & Fee Structure Fcft�ot
ott County
CORPORATE INDIVIDUAL rtation Coalition
Member: $ 100.00 $ 15.00
Sponsor: 500.00 100.00
Sustaining: 1000.00 500.00
CHARTER MEMBER: Any one-time payment of Any one-time payment of oard Townships Of
$5000.00 or more. $1000.00 or more. ioners Belle Plame
Blakeley
Lawmakers continued ham M 1 Cedar Lake
Kalis has said,for some months now,that tration's failure to transfer the$235 million Belle Plaine CreditRiver
the lack of public outcry about the roads is Motor Vehicle Excise Tax(MVET) and not E Koen Helena
somewhat surprising. Those groups that a recommend a funding program to replace JorNaw Market Louisnville
reorganized around road, bridge, highway its logs to the state's road effort. New Prague New Market
and general transportation issues, such as Though not able to attend the meeting in Prior Lake St.Lawrence
the Scott County Transportation Coalition, person,Senate Majority Leader Roger Mod Savage Sand Creek
continue to be an effective voicefor change. (DFL-Erskine) sent a message to the com- Shakopee Spring Lake
but Kalls says he and other lawmakers mission that held out a picture of serious
simply aren't hearing demands regarding future consequencesfor Minnesota lfsome- Chaekme Of Industrial
transportation from the citizens they thing isn't done to fund the state's road Cernmes"Ce• Commission:
represent. program. Moes message pointed out that Prior Lake Prior Lake
A major portion ofthe initial meeting of the based on the MN/DOT estimates, it would Savage Shakopee
Transportation Finance Study Commission take a gas tax of 12 cents a gallon,on top of Shakopee
was spent being critical of the Perpich the present 17 cents per gallon in order to
Administration.Itwasawide-ranging attack adequately fund the Transportation Depart- Attrectimw:
that was generally endured by Minnesota's men's road project list for the next four Canterbury Downs Race Track
Commissioner of Transportation,Len Levine. years. Little Six Bingo
Legislators were critical of the Adminis- Murphys Landing
LmnCheOn COntlnUed rrOM P9. 1 Renelsaarme Festival
Fearl airss Family Amusement Park
impress upon him and other membersofthe emerge from the commission's hearings.
committee how intense the feelings are in The two principal attractions, Com-
Ex-officio oto Department
ep ae
her district about the transportation pro- next.Levi Levine and Rep.V hale Va,spoke Minnesota puny Depart ent of dation
blems being experienced in Scott County. next.Levine spoke at length,while Vanasek's Hennepin county Department of
Referring to the newly-created Transpor- remarks,dueto a lack of program time,were Transportation
tation Finance Study Commission,Kalts ex- much more brief. (Both the Levine and Metropolitan Council
pressed the hope that some solutions to the Vanasek remarks are covered in separate
funding crisis facing the lawmakers might stories in this newsletter) ____ Executive Committee:
.���..�sas..��.��........ Mark Slromwall,Scott County
Tired Of Driving Around The Bloomington Ferry Bridge? Commissioner,Chair
Fred Corrigan,Attractions,Vice-Chair
I'd like to help the effort toward better roads in the south maVp area. Brian Norris,Shakopee Chamber of
Commerce,Treasurer
❑Please 8tltl my name t0 the mailing list. Lee Andrea,Mayor,Prior Lake
❑Send me additional information on how I or my company can help. - Rod Hopp,Mayor,Savage
❑Enclosed is a tax-deductible contribution for$100 $50 $25 Tim Keane,Industrial/CommercialBrad Larson,Scott County Engineer
Name _ PhonB Eldon Reinke,Mayor,Shakopee
Norbert Theis,Townships
Company Name
Address Zip
Please make checks payable M Scott Co crry Tnansportdrion Coalition.
"INNESOTA DEPARTrir_ OF TRANSPORTATION
DISTRICT FIVE INVITES YOU TO AN :
OPEN HOUSE ]
OF THE NEW � REMODELED
SHAKOPEE � JORDAN MAINTENANCE
TRUCK STA710N5
FLYING
Q CLOUD to
��11a FIELO
CHASKA TH !o,
_ SHAKOPEE
H 112 MN/Oar TRUCK STATION
g RENAISSANCE FAIR
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STATION
A�
JORDAN
EVERYONE WELCOME
BRING YOUR KID5 ( FREE RIDES)
THURSDAY OCT. 811987
2: OO PM - 6: 00 PM
REFRESHMENTS SERVED
EQUIPMENT ON DISPLAY
l�
Ehlers andAssociate&Inc. NEWSLETTER
LE An ERS IX Pa8 LIC FINAA CE
1 1
OFFICES IN MINNEAPOLIS AND WAUKESHA - 507 Mafquelle Avenue • Minneapolis, MN 554021255 • 612 339 8291
VOLUME 32, NUMBER 9
FILE: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
October, 1987
Interest Rates
With the Bond Buyer Index reaching 8.38% in mid-September, the recent interest rate trend has
not been "right" for borrowers. Interest rates now seem to be headed upward due to uncertainty
over inflation and the Mideast crisis. While rates are still high in the historical sweep, it is
easier to accept by comparing them to 9.5% in 1983 and over l l% in 1984. (In 1776 Adam Smith
reported interest rates of 3% for governments and 4% for "people of good credit.")
Tax Exemption
Did we go too far? Over fifteen years ago, we at Ehlers and Associates worried that states and
local governments might lose tax exemption altogether because of the increased growth in
tax-exempt borrowings for private purposes. As the supply increased, tax-exempt bonds had to
be sold to investors in lower tax brackets, and the tax-exempt interest rate differential virtually
disappeared.
With the 1986 Tax Reform Act, Congress not only abolished private purpose and many arbitrage
tax-exempt financings, it preempted many tax exempt governmental financings by imposing
complex, cumbersome federal rules, regulations and limits. States thought they had granted
"limited" constitutional powers to the federal government which now dictates to the states and
their localities how they will run their affairs.
M IF M • M
Refunding Bonds
When the bond market improves, it will become feasible to refund outstanding debt. However,
refunding bond issues should be carefully evaluated and sold competitively. Underwriters
advocate private, negotiated sales stating that costs including underwriter discounts and the
interest rates are not relevant.
At one time some issuance costs could be recovered in escrow investment yields, but now none of
those costs except credit enhancement fees can be recovered. Competitive sales better assure
lower interest and issuance costs. Go competitive! (See the enclosed reprint of an article from
American City & County magazine March, 1987.)
Bond Banks and Pools
Advocates of bond banks, bond pools, large "pooled" bond issues and, now, bonding authorities
continue to promote them as a cheaper, simpler, quicker way to finance local improvements even
though their is compelling evidence to the contrary. They contend that larger bond issues sold by
larger organizations managed by underwriting experts will "obviously" save their participants
money. Recent literature confirms the fact that pools, banks and authorities take investment
yields that would otherwise go to or should be available to the borrowers, and borrowers still
have the expense of planning, authorization, administration, disclosure, and arbitrage monitoring
which is even more complicated when trying to mesh umpteen issuers and their borrowings into
one offering. When it's all done, pooled bond interest rates and issuance costs are often higher.
Congratulations!
To Marilyn Briest (formerly Marilyn Gulke), an Account Executive in our Waukesha, Wisconsin
office, who was married on August 22.
x w
Ehlers Capital and Development, Inc.
Ehlers and Associates. Inc. has formed a new subsidiary -- Ehlers Capital and Development. Inc.,
an independent financial advisory firm specializing in securing capital and providing development
services for the public and private sectors. Services provided by the new corporation will include:
• Project feasibility _'N
• Site and facility selection
• Economic development and business financing
• State & federal loan/grant financing
• Tax increment financing
• Venture capital identification
• Representation to the investment community
In-depth knowledge of business, as well as state and local governments, and a commitment to
seek cost effective, long-term financial solutions will characterize Ehlers Capital and
Development, Inc.
Michael Grossman, our Economic Development Advisor, comes to us from the Minnesota
Department of Trade and Economic Development where he was a Business Finance Specialist
assisting businesses and local governments seeking to develop, expand or relocate companies in
Minnesota. Previous to his work with the State. Mike worked for various investment bankers, as
a public finance originator, a corporate financial planner and a corporate bond
trader/underwriter. If your community needs assistance, please contact your Ehlers and
Associates account executive or Steve Apfelbacher at (612) 339-8291. Ehlers and Associates,
Inc. will continue to offer financial advisory assistance to counties, cities, school districts and
special districts in their public improvements and cash flow requirements.
EHLERS AND ASSOCIATES, INC.
41 / G�� _1\
Robert L. Ehlers
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TENTATIVE AGENDA 1-7
PLANNING COMMISSION
Regular Session Shakopee, MN October 8, 1987
Chairwoman VanMaldeghem Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Approval of September 17, 1987 Meeting Minutes
4. 7:45 P.M. PUBLIC HEARING: To consider a request for a
preliminary and final planned unit development project for
the property located on approximately 29.6 acres on the
Northeast corner of the intersection of Highway 101 and
County Road 17. The proposed project includes the existing
Shakopee Valley Motel and a proposed campground and
restaurant.
Anulicant: Wally Bakken
Action: Recommendation to City Council
5. Correspondence: Dave Pomerenke's Letter of Resignation
6. Discussion: Revised Sign Ordinance
7. Discussion: Amendments to Zoning S Subdivision Ordinance.
8. Other Business
9. Adjourn
Douglas Wise
City Planner
NOTE TO THE PLANNING COMMISSION MEMBERS:
1. 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.
2. If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
TENTATIVE AGENDA J 7
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, MN October 8, 1987
Chairwoman VanMaldeghem Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Approval of September 17, 1987 Meeting Minutes.
4. 7:30 P.M. PUBLIC HEARING: To consider an application for a
variance to have a ten foot rear yard setback instead of the
required thirty foot setback to construct a warehouse at
8959 - 13th Ave. East.
Applicant: Randall Quiring
Action: Variance Resolution # 508
5. Other Business
6. Adjourn
Douglas K. Wise
City Planner
NOTE TO THE B.O.A.A. MEMBERS:
1. 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.
2. If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
/s/
Note Meeting Time: 5:00 P.M.
TENTATIVE AGENDA
Industrial Commercial Commission
City Hall Council Chambers
October 7, 1987
Chrmn. Keane Presiding
1. Call to order at 5:00 P.M.
2. Approval of the minutes - September 2, 1987
3. Star City Reception
4. ICC - Development Awareness Program
5. Economic Development - Update
a. Starwood
b. City Hall
C. Downtown Project
6. Informational Items:
a. ICC Letter Sent to City Council
b. Request for Name Change (10/6/87 Council Memo
attached)
C.
7. Other Business
a.
b.
8. Adjourn
Barry A. Stock
Administrative Assistant
CITY OF SHAKOPEE
Please call Barry or Toni at 445-3650
if you cannot make the meeting.
PROCEEDINGS OF THE
BOARD OF ADJUSTMENTS AND APPEALS
ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 17, 1987
Chairwoman VanMaldeghem called the meeting to order at 7:30
p.m. with Comm. Schwartz, Czaja and Foudray present. Also
present were Douglas K. Wise, City Planner and Dennis
Kraft, Community Development Director.
Czaja/Foudray moved to approve the posted agenda. Motion
carried unanimously.
Czaja/Foudray moved to approve the minutes of the August 6,
1987 meeting as printed. Motion carried with Chairwoman
VanMaldeghem abstaining because of her absence at that
meeting.
Foudray/Czaja moved to approve the minutes of the September
3, 1987 meeting as printed. Motion carried unanimously.
CONTINUED PUBLIC HEARING - VARIANCE REQUEST NO. 504,
BRECKENRIDGE DEVELOPMENT CORPORATION
Czaja/Foudray moved to continue 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 went over the background and
considerations of the request, pointing out that the name
of the business has been changed to Kennedy Transmission.
The City Council held a hearing on July 7, 1987 on the
appeal of the parking variance granted by the Board of
Adjustment and Appeals and would like a decision by the
Planning Commission whether its position has been altered
regarding the parking variance.
Jim Bartlett, representing Breckenridge Development, asked
that the Board carefully consider only the items pertinent
to ':his matter. He stated that no other adjoining
property owners have indicated an opposition.
Beverly Koehnen, 2036 Canterbury Road, __ outI ined_..her
concerns related to the project, including potential sale
of a part of the building, a future alley, yard and
landscaping and, most importantly, parking. Ms. Koehnen
noted that there are 5 office spaces and wondered if any of
these would be rented out separately of the automotive
businesses.
Board of Adjustments and Appeals
September 17, 1987
Page 2
Discussion was held on the matter of the lots being
combined and what subdivision procedures would be necessary
in the future. Possible benefits of diagonal versus
parallel parking were explored.
Mx. Czaja asked Mrs. Koehnen how she felt her property
value would be reduced. She responded that she felt 40
parking spaces would be acceptable and that she was
concerned about future uses of this facility.
Mr. Bartlett indicated that any illegal parking could be
handled through a complaint with the Police, and his
feeling was that there would be no reduction of property
values.
Comm. Schmitt took his seat at 8:15 p.m.
Cletus Link, 12831 Link Dr. , feels the zoning requirement
and 20 foot side setbacks is too restrictive and he has
asked that the Planning Commission review this.
Bob Novotny, 3374 S. Marschall Road, asked if there were
any railroad tracks on the property. There are not.
Foudray/Schwartz moved to close the public hearing. Motion
carried unanimously.
The minimum requirements for side setbacks were discussed.
It was questioned why there is a 1' parking lot setback on one
side of this property. The building permit will be
reviewed and this will be investigated.
Foudray/Schwartz moved to approve Variance Resolution #504
allowing a 40' building setback from the front property line
and a five foot parking lot setback from the front property
line and not to alter the previous action on a variance
allowing 34 parking spaces instead of the required 40. A
condition of this motion is to include language to be formed
which states- that this shall remain one legal parcel of record.
Motion -carriedwith Comm. Czaja opposed and Comm. Schmitt
abstaining.
Chair VanMaldeghem advised the applicant of the 7 day appeal
process.
Board of Adjustments & Appeals /
September 17, 1987
Page 3
PUBLIC HEARING - VARIANCE REQUEST NO 506 - ROBERT NOVOTNY
Foudray/Schwartz moved to Open the 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. Motion carried unanimously.
The City Planner gave background on the request noting that
the building would be used to store farm equipment.
Robert Novotny, 3374 S. Marschall Road, stated that a tornado
took down a barn and the footings are buried, causing
difficulty in building in other areas. The proposed building
will be a pole-type building.
Discussion was held relating to other building locations on
the property.
Rich Logeais, 3364 Marschall Road, owns property directly to
the West asked for clarification of the 100' setback for farm
buildings within the City of Shakopee. He feels that having
the buildings in one area on the Novotny property would be most
convenient.
Schwartz/Foudray moved to close the public hearing. Motion
carried unanimously.
Foudray/Schwartz moved to grant Variance Resolution #506,
subject to the proposed building be located on the property at
a location where its Westerly edge would have at least a 69 '
setback. Motion carried unanimously.
Chair VanMaldeghem advised the applicant of the 7 day appeal
process.
PUBLIC HEARING - VARIANCE RESOLUTION N0. 507 - H.L. WEINANDT
Schwartz/Czaja moved to open the 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. Motion carried
unanimously.
The City Planner reviewed the request and pointed out that
after the lot splif., the resulting. 2-parcels-would-meet-the 2.5__
acre requirement. Comments from the D.N.R. on the variance
request were negative to granting the variance.
H.L. Weinandt, 2984 S. Marschall Road, spoke about the
uniqueness of the peninsula with a view of the lake from 3
sides. He has assurances that septic system will be adequate.
Board of Adjustments & Appeals
September 17, 1987
Page 4
Czaja/Schwartz moved to close the public hearing. Motion
carried unanimously.
Issues were discussed relating to high water levels, the
uniqueness of a peninsula and the setting of a precedent for
other variances.
Foudray/Schmitt moved to approve Variance Resolution #507
allowing a 25 foot variance from the required 100 foot setback
as required within the Shoreland District. Motion failed with
Comm. Schwartz, Schmitt, Czaja and VanMaldeghem opposed.
Chair VanMaledghem advised the applicant of the 7 day appeal
process.
The City Planner advised the Board members that the Schmitt
variance which was denied by this body was appealed and denied
by the City Council.
Czaja/Schwartz moved to adjourn. Motion carried unanimously.
Meeting adjourned at 9: 18 p.m.
Douglas K. Wise
City Planner
Peggy Swagger
Recording Secretary
PROCEEDINGS OF THE PLANNING COMMISSION I I�
REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 17, 1987
Chair VanMaldeghem called the meeting to order at 9:26 p.m.
with Comm. Czaja, Schmitt, Foudray and Schwartz present.
Also present were Douglas K. Wise, City Planner and Dennis
Kraft, Community Development Director.
Schmitt/Czaja moved to approve the agenda as amended to
delete the discussion on the revised sign ordinance and take
public hearings before approval of minutes. Motion carried
unanimously.
PUBLIC HEARING - CONDITIONAL USE PERMIT FOR HOME AUTO BODY
OCCUPATION
Foudray/Schwartz moved to open the 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. Motion carried unanimously.
The City Planner went over the background and considerations
of this request.
Chair vanmaldeghem asked for comments from the audience.
Donald Plekkenpol, 706 East 4th Avenue, stated that he had no
plans to expand his business, that it is a part-time
operation of approximately 25-30 hours per week.
John Mertz, 714 East 4th Avenue, lives East of Plekkenpol
and has never had any problems with the operation. He stated
that the business is always clean and seldom is a damaged car
seen outside of the garage. He has no objections to this
situation.
There was discussion relating to the controlling of paint
fumes, environmental issues and how long this business has
been in operation. The owner stated that he has had the
facility in operation since 1974.
Schmitt/Czaja moved to close the public hearing. Motion
carried unanimously. -
Schmitt/Czaja moved approval of Conditional Use Permit No.
505 subject to the following conditions:
1. The structure must meet all building requirements and
fire code requirements regarding storage. and use of
_. _
materials for the proposed use.
2. The business shall not operate between the hours of 10:00
p.m. and 7:30 a.m.
Shakopee Planning Commission
September 17, 1987
Page 2
3. The business may only have 2 serviceable customer
vehicles parked externally on the premises at any one
time.
4. Signage shall be limited to a 2 sq. ft. nameplate sign.
5. All automotive repair work to be contained within the
facility. Motion carried unanimously.
Chair VanMaldeghem advised the applicant of the 7 day appeal
process.
PUBLIC HEARING - CONDITIONAL USE PERMIT TEMPORARY SALES
OFFICES IN RESIDENTIAL DISTRICTS
Schmitt/Czaja moved to open the 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 Permit in the R-1, R-2, R-3 or
R-4 District. Motion carried unanimously.
The major concerns of the review by staff were given by the
City Planner. Comm. Schmitt noted that the developer who
requested to move in a temporary sales office has since
completed their model homes.
Schmitt/Schwartz moved to close the public hearing. Motion
carried unanimously.
Schmitt/Czaja moved to recommend to City Council not to
approve the amendment to the zoning code allowing temporary
sales offices in the residential zones by conditional use
permit. The reason is that this is an isolated case which
does not warrant changing of the ordinance. Motion carried
unanimously.
FINAL PLAT OF EAGLE CREEK JUNCTION 2ND ADDITION
The City Planner reviewed the background and considerations
of the plat. The final plat has not been approved. The
developer has submitted a final drainage and storm sewer plan
which has been reviewed by City Engineer. Concerns relating
to the status of Ramsey Street have been satisfied. Sidewalk
and -street-right-of-way requirements were discussed.
Foudray/Schmitt moved to recommend approval of the final plat
of Eagle Creek Junction 2nd Addition subject to the following
conditions:
Shakopee Planning Commission
September 17, 1987
Page 3
1. That the developer sign a recordable agreement waiving
the developer and his heirs and successor's right of
assessment appeal of future assessments resulting from
storm sewer serving this addition.
2. Lot 1 shall be allowed two accesses onto County Road 17,
Lots 2 & 3 shall each be allowed one access onto County
Road 16 and Lot 4 must access on to Round House Circle.
County entrance permits shall be required for all
accesses onto County Roads 16 & 17.
3. Drainage and utility easements must be shown around the
perimeter of each lot.
4. A sidewalk along Marschall Road will be required, and a
sidewalk along County Road 16 as required by the existing
agreement for Eagle Creek Junction 1st Addition. A 20'
drainage and utility easement, and a 10 ' sidewalk
easement shall be provided along all lot lines abutting
County Road 16. Said easements shall be shown on the
final plat.
5. Execution of a Developers Agreement for construction of
required improvements:
a. Street lighting to be installed inaccordance with
the requirements of the SPUC Manager.
b. Water system to be installed in accordance with the
requirements of the SPUC Manager.
C. Developer must supply a letter of credit, performance
bond or cash to complete drainage improvements based
on the final drainage plans.
d. Payment in lieu of park dedication shall be required.
e. The developer shall agree to the City Engineer's
method of apportioning the installments remaining
unpaid against the plat and the developer waives his
right to appealing the apportionment.
6. Approval of title opinion by the City Attorney.
Schmitt/Schwartz moved to approve the minutes of July 30,
Y?87 as printe3.—-Motion carrteTuuaHimously.--
Schmitt/Schwartz moved to approve the minutes of the August
6, 1987 meeting as printed. Motion carried with Chairwoman
VanMaldeghem and Comm. . Schmitt abstaining because of their
absence at the meeting.
Shakopee Planning Commission -
September 17, 1987
Page 4
Czaja/Schwartz moved to approve the minutes of the August 20,
1987 meeting with the following corrections:
Page 13 - Fourth paragraph should read - 4 ) Discussion was
held regarding the liability for (Replacing of) performers
Page 19 - second paragraph should read Czaja/Foudray, (not
Czaja/Schmitt) moved to . .
Motion carried unanimously.
Schmitt/Foudray moved to approve the minutes of the September
3, 1987 meeting with the following correction to the final
sentence. The meeting was adjourned at 8:09 p.m. (replacing
8:07 p.m. ) Motion carried unanimously.
Schmitt/Czaja moved that the minutes of July 30, 1987 and
August 20, 1987 be recorded with archives for both tapeandpaper for a period of 5 years. Motion carried unanimously.
LEGAL OPINION - C.U.P. FOR STARWOOD MUSIC CENTER
Community Development Director reviewed the legal opinion on
the Conditional Use Permit for Starwood Music Center. An
appeal has been made to the City Countil by both the
developer and the opposition and once this has gone to the
City Council, the Planning Commission is legally removed from
the process in terms of being able to take any action.
Options would be to make a non-binding communication to the
City Council or to appear in person at the City Council
hearing.
Chair VanMaldeghem asked for comments from the audience.
Mr. Bruce Malkerson, representing Scottland Companies had no
comments at this time.
Mr. Zak did not comment at this time.
OTHER BUSINESS
The City Planner reviewed the matter of vacation of easements
which should be reviewed by the Planning Commission to
determine if these are in accordance with the City 's
Comprehensive Plan. The current request is from Scottland -
--_--
Companies €or-a--vacation- Of—totrSn�-E semen :�7iscasslon
was held on the determination of conflicts.
Schmitt/Czaja moved to table any action until further
information could be gained. Motion carried with Comm.
Foudray opposed.
Shakopee Planning Commission
September 17, 1987
Page 5
Bruce Malkerson, Scottland Companies, asked to make a comment
at this time and stated that they have two buildings occupied
by one business and these buidlings could be joined if there
was a vacation of easements. Otherwise the title can not be
clear and the occupant would need to find another location.
Schwartz/Schmitt moved to reconsider the motion to table.
Motion carried unanimously.
Czaja/Schmitt moved for a five minute recess at 10:35 p.m.
Motion carried unanimously. -
Schwartz/Czaja moved to reconvene the Planning Commission at
10:43 p.m. Motion carried unanimously.
The Community Development Director read the statute relating
to the review and recommendation by the Planning Commission
on vacation of streets, alleys and easements in relation to
the Comprehensive Plan. -
Foudray/Schmitt moved to recommend approval of the vacation of
easements adjacent to the common lot line for lots 1 & 2,
Block 1, Valley Park, Sixth Addition subject to an agreement
from the developers to install and maintain an underground
storm sewer system between the buildings, to permit the
construction of a building to combine those two buildings.
The Planning Commission finds that this motion is not in
conflict with the COmprehensive Plan.
The City Council has approved the Planning Commission's
recommendation to study the impact of commercial recreational
facilities in the community.
Discussion was held regarding the members attendance of
Planning Commission meetings. Community Development Director
reviewed upcoming meetings/seminars which may be of interest
to Commissioners.
Comments were made relating to the Amendments to Zoning &
Subdivision Ordinance. These items will be discussed in
further detail at a later date. -
Czaja/Schwartz moved to adjourn. Motion carried unanimously.
The meeting adjourned at 11:10 p.m.
.Douglas K. Wise_ . _
City Planner
Peggy Swagger
Recording Secretary
INDUSTRIAL COMMERCIAL COMMISSION
City Council Chambers
Shakopee, MN
September 2, 1987
Members Present: Tim Keane
Al Furrie
Don Koopman
Terry Joos
Members Absent: James Plekkenpol
Jane DuBois
Bud Berens
Staff Present: Barry Stock, Administrative Assistant
Dennis Kraft, Community Development Director
Chairman Keane called the meeting to order at 5: 15 P.M.
Furrie/Koopman move to approve the minutes of the July 22, 1987
meeting as kept. Motion carried unanimously.
Mr. Stock gave a brief report on the economic development
incentive survey that the City recently conducted. Mr. Stock
noted that nearly all of the Cities surveyed are using tax
increment financing and industrial revenue bonds as incentives to
attract businesses to their communities. Communities with
excellent transportation access are less likely to offer tax
increment financing as an economic incentive. On the other hand,
communities that are at an economic disadvantage due to poor
highway access or location are aggressively offering innovative
financing alternatives. Mr. Stock noted that the communities of
Chaska and Chanhassen appear to be the most aggressive in their
approach to attracting new development to their community.
Mr. Keane concurred with staff' s findings and went on the
summarize in greater detail what the communities of Chaska,
Chanhassen and Lakeville are doing to attract new businesses.
Mr. Keane acknowledged that it is a tough policy question for the
City Council to address but in his opinion the City of Shakopee
has to take a more aggressive role in attracting development to
Shakopee. Mr. Furrie stated that he had spoken with several
members of the Council and has found out that their biggest fear
is where are we going to end up with all of this financial
assistance and when will it stop. Mr. Furrie stated that we
should outline some of our findings and relay them to the City
Council. He suggested that the ICC outline what the future
effects of these industrial incentives will be. Mr. Furrie
pointed out that prior to the Cedar Avenue bridge being built in
Eagan, that community was aggressively promoting economic
development through various incentive offers. Now that they have
excellent highway access through their community, Eagan no longer
needs to offer financial assistance to developers considering
construction in their area. Mr. Furrie stated that he is
frustrated with Shakopee' s wait and see approach. He stated that
the ICC has been working on a five year plan for years. He
suggested that the ICC send a memo to both the Planning
Commission and city council telling them that the recreational
development that is now occurring in Shakopee and has been
occurring for the last five years is a product of past five year
plans of the City. He stated that the City should not be
surprised by what is now occurring with Starwood because it was
one of the City' s top priorities to attract recreational
development to our community. Mr. Furrie stated that traffic has
been and always will be a problem. If we just sit around and
wait for the highways to be built within the next three to five
years, nothing is going to be developed in Shakopee in the
interim.
Mr. Keane suggested that before we send a memo to the Planning
Commission and City Council we should address the following
issues:
1. Are we willing to wait three to five years for economic
development to occur within our community. .
2. What have we lost if we don't take a pro-active approach to
development at this time.
3. Once you start offering financial assistance to developers,
how do you stop.
Mr. Furrie stated that he understands where some communities have
a concern about offering financial assistance to developers.
However, he went on to state that in most cases those communities
have no future. Mr. Furrie stated in his opinion Shakopee has a
great future. Once the highways are built in this area
development will occur naturally.
Mr. Kraft stated that the State of Minnesota is promoting tourism
in great fashion. He went on to point out that tourists inject a
great amount of money into this community. Additionally,
tourists only remain within our community for a short time, spend
their money, and leave. The city does not accrue any long term
costs associated with these individuals as compared to local
residents many of which have children going into the school
system. Of the local property taxes, the school district takes
up the greatest share.
It was the consensus of the committee to direct staff to draft a
memo to be sent to the Shakopee City Council and Planning
Commission addressing the ICC' s vision and direction.
Discussion ensued on the round table meeting that was held with
officials representing the various industries within our
industrial park during the month of August. Mr. Stock stated
that while the attendance at this event was not that good, he
felt the meeting was beneficial. He went on to state that all of
the businesses in the industrial park were contacted and were
given the opportunity to attend this informal meeting to inform
the City of any problems that they were experiencing. Perhaps
the reasons for the less than overwhelming attendance could be
that the businesses in the industrial park are not dissatisfied
with the City's performance. Mr. Keane agreed with Mr. Stock' s
analysis rationalizing the low attendance. Mr. Furrie stated
that Mr. Stock' s rationalization supported findings of the
industry visitation that was done three years ago and the recent
business retention program. These two programs revealed that the
businesses within our industrial park are quite satisfied with
the Shakopee business market, the available labor pool and access
in to the community. Mr. Keane suggested that the ICC solicit
responses from industries within our industrial park regarding
their feelings on the business market, labor pool, taxes,
transportation patterns, etc. If the businesses would send
letters to the ICC and they are positive, we could use them to
show potential businesses that our existing businesses are quite
satisfied with the business climate in Shakopee.
Mr. Kraft suggested that a professionally done map indicating the
three highway projects and their projected completion dates would
also be useful to give potential businesses looking at developing
in Shakopee.
Mr. Furrie stated that he felt the ICC should spend some time and
money educating the people in Shakopee of what the ICC's goals
and visions are. It was the consensus of the Committee that this
was an excellent idea. Mr. Joos suggested that it be kept to one
page. Discussion ensued on how to proceed with educating the
community on the ICC. It was the consensus of the Committee to
advance the educational campaign of the public through direct
mailings. The educational campaign would include three separate
pieces distributed in three consecutive weeks. The first piece
would focus on why the ICC was formed and what it' s purpose is.
The second piece could focus on what the goals of the ICC have
been in the past and some of the projects that they have actively
promoted as well as the future goals of the community. The third
and final piece could focus on the tools that are necessary to
reach the goals of the ICC.
Mr. Keane stated that he felt that the existing name for the
Commission was inappropriate. Mr. Joos stated that when he first
heard about the ICC he thought it meant Interstate Commerce
Commission. Discussion ensued on requesting a change in the name
of the Commission. It was the consensus of the Commission to
approve resolution #87-2 requesting the City Council to change
the name of the Shakopee ICC to the Shakopee Community
Development Commission (see attachment #1) . The Commission felt
that this new name was all encompassing and covered all of the
areas that the ICC works on.
Discussion ensued on the memo that the Commission will be sending
to the City Council and Planning Commission. Mr. Keane stated
that he felt it was very important that this memo be sent out in i
'm
a timely manner. He suggested that the City Council receive t
at their regular meeting on September 15 , 1967. Mr. Stock stated
that he will draft the memo and distribute it to the ICC members
for their review and comment. He will then follow up with a
phone call poll of the members for their suggestions and
modifications prior to submitting it to City Council.
Mr. Stock then gave a brief report on the Starwood development
and the downtown project. Mr. Stock also stated that he has not
heard any news from the Department of Energy and Economic
Development regarding our Star City status. He went on to state
that he will contact the State later this week to find out where
we are on this issue. Mr. Keane then gave a brief update on the
Transportation Coalition and two recent meetings that were held
to express Scott County' s concern regarding transportation access
in to this area. He stated that both meetings were well attended
and that the State appointed and elected officials were impressed
with the support that Scott County has shown regarding the need
for improved highways in this area.
Furrie/Koopman moved to adjourn the meeting at 6:50 P.M. Motion
carried unanimously.
Barry A. Stock
Recording Secretary
Attachment M1
RESOLUTION 87-2
RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL
TO CHANGE THE NAME OF THE SHAKOPEE INDUSTRIAL COMMERCIAL
COMMISSION TO THE SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION
WHEREAS, the Shakopee Industrial Commercial Commission was
created by the Shakopee City Council in 1978 to maintain an ideal
industrial and commercial climate in the City; and
WHEREAS, the ICC has engaged in attracting appropriate
industrial and commercial entities, both potential and existing;
and
WHEREAS, the ICC has conferred with both public and private
groups on matters relating to business and industrial
development; and
WHEREAS, the ICC has periodically surveyed the City's
industrial and commercial businesses to ascertain the business
climate within the City of Shakopee; and
WHEREAS, the members of the Industrial Commercial Commission
find it desirous to change the name of the Commission to
something that encompasses in greater detail the goals and
mission of the Industrial Commercial Commission,
NOW, THEREFORE BE IT RESOLVED that the Shakopee Industrial
Commercial Commission requests that the City Council take the
appropriate steps to change the name of the Shakopee Industrial
Commercial Commission to the following: Shakopee Community
Development Commission.
Adopted in regular session of the Shakopee Industrial
Commercial Commission of the City of Shakopee, Minnesota held
this 2nd day of September, 1987.
Tim Keane, Chairman
PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE
Regular Session Shakopee, MN August 20, 1987
Chairman Ziegler called the meeting to order at 6:35 P.M. with
Commissioners Allen, Spiotta, Schmidt and Zielger present.
Commission weeks was absent. Barry Stock, Administrative
Assistant was also present.
Spiotta/Allen moved to approve the minutes of the July 16, 1987
meeting as kept. Motion carried unanimously.
Mr. Stock reported that due to the program expansions that have
occurred in conjunction with the dial-a-ride program this year it
has become necessary to request an amendment to our 1987 Transit
Assistance Application with the Regional Transit Board. Mr.
—steck_ reported that in the past year the City has added a third
dial-a-ride'vehiole--o -the_dial-a-ride program. This vehicle was
originally contracted for a nine month period. Due to ridership
demand it became necessary to continue the third dial-a-ride
vehicle during the summer months. This was not a budgeted
expense. The approximate cost for this service was $7500. 10.
In addition to adding a third dial-a-ride vehicle during the
summer months the City extended the dial-a-ride service to the
evening hours on July 8, 1987. Adequate funding was available
within our budget for this three month demonstration project.
Staff is now recommending that the three month demonstration
project be continued. However, funding is not available within
our existing budget for this expense. Therefore, staff is
recommending that the City request a budget amendment to fund the
continuation of the summer evening hours through the remainder of
this year. The approximate cost for this service is $7,510.
Due to the new programs that we have implemented, the City has
accrued additional marketing costs associated with these
projects. Mr. Stock is therefore recommending an additional
amendment to the 1987 budget in the amount of $5500 for
additional promotional expenses associated with the new dial-a-
ride service and also to expand our van pool marketing efforts
during the remainder of this year.
The total amount of the .budget amendment being requested to
continue our transit program at it' s existing level of service is
approximately $20,519. Mr. Stock reported that the RTB has not
officially stated how much money is available to the City of
Shakopee in .198.7—__liowever,_officials_.from the. .RTB have stated _
that it is somewhere .near $200,000. with our original 1987
budget request of $155,000 and the $20,519 amendment being
requested at this time, our total funds in 1987 to be received
from the RTB will be approximately $175,000.
Allen/Schmidt moved to - recommends to City -Council that they
request 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. Motion
carried unanimously.
Mr. Stock reported that the average evening ridership for summer
service hour programs has increased from 4 passenger trips during
the month of June to 6.7 passenger trips in the month of July.
Mr. Stock reported that he is confident that the evening
ridership will continue to grow. He stated that he is
recommending that the dial-a-ride summer hours be extended
through the remainder of this year. This will allow us to
compare ridership levels experienced during the summer months
with ridership levels during the school year. This will give us
a more accurate analysis in determining whether or not to
continue the evening hours into next year. _
Spiotta/Allen moved to recommend to City Council that the dial-a-
ride summer service hours be extended through the remainder of
this year and be reevaluated in December. Motion carried
unanimously.
Mr. Stock updated the Committee on the progress being made with
the Southwest . Area Transit Commission in expanding our dial-a-
ride program to the City of Chaska. He reported that there has
been some difficulty with our provider (Kare Kabs) and the
company that manages the MTC. Kare Kabs is a subsidiary of this
management company and is being pressured to stay out of the
Southwest Area Transit service area. Mr. Stock stated that in
his opinion politics was impeding the improvement of transit in
the Metropolitan Area. He went on to state that he would
continue to update the Energy and Transportation Committee on
this issue as things progress.
Mr. Stock then gave an update to the Energy and Transportation
Committee on the recycling program. He stated that last month
the paper drive chairman informed him that the Boy Scouts could
no longer handle the collection of newspaper on our recycling
day. Mr. Stock has been in contact with the Boy Scout Chairman
and he has requested that the City hold off on finding another
organization to collect paper until he could meet with the
parents of the boy scouts. Commissioner Allen confirmed that the
boy scouts were meeting this evening at 7: 30 to discuss whether
or not they would continue the paper drive. He felt that it was
likely that they would find the resources to continue the
program. If the Boy Scouts can not handle the paper drive, Mr.
, Stock_suggested. that-.they-contact another_. organization and_e lit
the duties or routes associated with the paper drive.
Mr. Stock then presented the dial-a-ride and van pool monthly
reports for the Committees review.
Mr. Stock stated that on Wednesday, August 19, 1987 Miss Sue
- Nathan representing Minnegasco contacted him and questioned
whether or not the City of Shakopee was interested in expanding
their home energy check-up program agreement with Minnegasco for
a second year. The second year would be the same as the first
year in that the program would attempt to reach 150 homes in
Shakopee. The level of reimbursement would also be the same.
( $80.00 per audit. ) Mr. Stock went on to state that in his
opinion the City should take advantage of this offer because once
you have completed a Minnegasco project you are no longer
eligible to participate. Chairman Ziegler questioned whether or
not we could make the contract a two year contract not to exceed
300 homes. In other words, could the City complete 100 homes in
1987 - 88 and 200 homes in 1988 - 89. Mr. Stock stated that he
would contact Minnegasco to see if this was possible.
Commissioner Allen questioned if we could delay our commitment
until after we know how receptive Shakopee residents are to the
program. Mr. Stock stated that Minnegasco needs a commitment at
this time. He went on to state that in a worst case scenario, if
we do not have enough participants in the program, we would
simply not receive the funding from Minnegasco for those homes
that we did not complete. It was the consensus of the Committee
that since the Minnegasco Program is a one time opportunity, they
should proceed with the one year extension at this time.
Schmidt/Allen moved to recommend to City Council that the Home
Energy Check-Up Agreement between the City of Shakopee and
Minnegasco be extended to a second year at this time under the
same terms and conditions as noted early. (150 homes at $80.00
per audit) Motion carried unanimously.
Mr. Stock noted that the next meeting is scheduled for September
17, 1987 at 7:00 P.M. Commission Spiotta stated that she would
unavailable to meet on this date. Mr. Stock stated that he would
contact all the Commissioners prior to the next meeting to
discuss a possible rescheduling of the date.
Schmidt/Spiotta moved to adjourn the meeting at 7:05 P.M. Motion
carried unanimously.
Barry A. Stock
Recording Secretary
CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT
PERMITS ISSUED
September, 1987
Yr. to Date Previous Year
Number Number Valuation Number Valuation
Mo. Ytd.
Single Fam-Sewered 6 29 2, 432,300 4 39 3, 131,474
Single Fam-Septic 1 11 1, 350, 600 1 16 1, 498,900
Multiple Dwellings 1 8 4,570, 500 - 4 2, 890,000
(# Units) (YTD Units) (113) (129) - (-) (100) -
Dwelling Additions 4 55 253, 017 2 43 250, 134
Other 2 16 354,300 2 6 78, 300
Comm New Bldgs 1 5 1, 125,000 2 6 9,452, 000
Comm Bldg. Addns - 4 162,000 1 4 942, 267
Industrial-Sewered - 1 600,000 - - -
Ind-Sewered Addns - - - 1 3 4, 420,000
Industrial-Septic - - - - - -
Ind-Septic Addns - 2 167, 475 - - -
Accessory/Garages 5 28 173,467 2 18 93, 550
Signs & Fences 8 49 86, 945 5 70 119, 220
Fireplaces/Wood Stove - 6 15, 100 - 2 2, 677
Grading/Foundation - 5 56,400 1 12 324, 800
Remodeling (Res) - 24 163,505 5 26 72, 125
Remodeling (Inst) - - - - - -
Remodeling (Comm/Ind) 5 29 349, 406 2 37 5, 531, 715
TOTAL TAXABLE 33 272 11, 860, 015 26 286 28, B07, 162
TOTAL INSTITUTIONAL - - - - - -
GRAND TOTAL 33 272 11, 860, 015 26 286 28, 807, 162
No. Ytd. No. Ytd.
Variances 1 14 - 9
Conditional Use - 15 1 24
Rezoning - 1 - 2
Moving 2 2 - 2
Electric 29 188 21 246
Plbg & Htg 26 222 17 255
Razing Permits
Residential - - - -
Commercial - - - -
Total dwelling units in City after completion of all construction
permitted to date. . . . . . . 4, 164
Cora Hullander
Bldg. Dept. Secretary
a �
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN SEPTEMBER, 1987
7584 Joseph Link 1283 Limestone Dr. House 62, 000
7585 Upward Bound Design 1244 Canterbury Rd. Alt. 7, 000
7586 Clete Link 1208 Madison �`� House 75, 000
�1 ®.a
7587 Eldon Greenwood 1456 Sharon Pkwy House 57, 300
_-�" ds °
7588 Universal Sign 581 Marschall Rd. Sign 1, 300
7589 Attracts Sign 2400 E. 4th Ave. Sign 1,000
7590 B. B. Construction 815 W. 1st Comm. 80, 000
7591 John DuBois 1705 W. 3rd Ave. Garage 5, 500
7592 Great Plains Supply 1288 Lime tone Dr. House 62, 000
erNDZ ;m yam'
7593 Larry Werner 1035 E. Bluff Fence 200
7594 William Menden 926 Atwood Gar. Slab 1,000
7595 Mtka Woods Dev. 1255 Marschall Rd. Apt. Bldg. 3, 925, 000
7 iiS rs
7596 Ponderosa Builders 2540 Emerald Lane House 67, 800
7597 Zefere Lusignan 3650 Eagle Creek Blvd. Addn. 1, 176
7598 Void
7599 Kratochvil Const. 3303 E. 4th Ave. Alt. 25, 756
7600 Red Carpet Inn 1181 E. lst Avel Temp. Sign 50
7601 James Klemenhagen 2117 Bridge Crossing Addn. 850
7602 Douglas Fiihr 715 W. 6th St. Stg. Bldg. 1, 150
7603 Bill Henning 471 Marschall Rd. Alt. 5, 000
7604 Rick Sames Const. 9th s Dakota Alt. 3, 600
7605 Joseph Sand 1257 Marschall Rd. Fence 5, 800
7606 Dave Moonen 223 S. Holmes Alt. 1, 200
7607 Michael Nothom 1010 Eastview Circle Addn. 3,450
7608 Dan Walden 1600 Roundhouse Circle Garage 13, 500
2
7609 Nordquist Sign 1181 E. 1st Ave. Sign 2, 000
7610 Lawrence Pieper 1204 Limestone Dr. House 96, 000
7611 Hiway Host 1181 E. 1st Ave. � Sign 500
7612 Kent Busch 1083 Eastview Circle Addn. 650
7613 James Geis 406 E. Shakopee Ave. Stg. Bldg. 1, 000
7614 Edward Gilles 126 S. Atwood Demo. 100
7615 HiWay Host 1181 E. 1st Ave. Sign 750
7616 Greg Huth 2095 Hillside Drive Garage 8, 100
7617 RSM Homes 2430 Emerald Lane House 80, 000
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BUSINESS UPDATE FROM CITY HALL
Vol. 1 No. 1
Dear Businessman: October 1, 1987
ADMINISTRATION
Actions taken by Shakopee City Government affect your abilitvto d
business in Shakopee! But it's tough to keep up with all the information
flowing across your desk affecting your business let along following
information about City government.
Well, we're going to attempt to sort the "wheat from the shaft" with a new
one page (front and back) Business Update that will be inserted in the monthly
Chamber of Commerce Newsletter.
We hope, with time, to develop a format, style, and content similar to the
hard hitting "Kiplinger Washington Newletter". You can help us by providing us
with suggestions about format, style and content as we get our "feet wet" with
this new venture.
P.S. This newsletter is a slightly modified version of a similar update
put out by our neighbor to the south, Prior Lake.
BUILDING
The Building Department has completed coordination of construction of the
new Chamber of Commerce building. Everyone's pleased with the results.
The Building Department will be administe ine the jarant funded Home Energy
Check Up Program. Fulton Schleisman is attending a two week residential
conservation service auditor training course for the program.
Diesel truck fumes are murder on our flags . The Shakopee American Legion
has offered to provide City Hall with an adequate number of American flags each
year so we may display "Old Glory" on the First Avenue flag pole without
getting complaints about "dirty flags".
Construction began recentiv on the 113 unit Country Village Apartment
south of the Junior High on Marschall Road when Minnetonka Woods Deveio_rment
Company secured their building permit.
CITY CLERK
On Tuesday, October 20. 1987 at 7:00 p.m. the Citv Council will hold
public hearing on whether or not to permit the sale of intoxicating lioucr by
Class C license holders (Hotel/Motel, Restaurant/Lounge) between the hours of
10:00 a.m. and 12:00 noon.
On Mondav, October 19. 1987 at 7:00 p.m. in the Senior High School
auditorium the League of Women Voters of Shakopee will be sponsoring a
Candidates Night. All candidates running for City office this November 3rd
will be invited to attend.
COMMUNITY DEVELOPMENT
The C'tv of Shakopee has recently been designated as a Minnesota Star
City. This designation followed two plus years of preparation on the part of
the Shakopee Industrial Commercial Commission and the City's Community
Development staff. A poolside reception celebrating this accomplishment will
be held on Thursday, October 22 from five to seven p.m. at the Canterbury Inn.
All Chamber of Commerce members are cordially invited to attend this event.
COMMUNITY RECREATION
Thousands of tax dollars are saved each year because of the philanthropic
nature of local organizations. Recent examples include: (1) Lions Club has
provided the funds for a new open air picnic shelter in Lions Park and extended
the hiking trail in the park. (2) The Jaycees provided the funds for extending
the parking lot in Tahpah Park and improvements were made inside the
concession/rest room building. (3) The Basketball Association funded the
upgrading of the Basketball Court including a new bituminous surface and
professional type baskets and backboards in Hiawatha Park.
ENGINEERING
_ The Downtown Streetscape Proiect is progressing on schedule. Street
paving and sidewalk construction on Lewis Street and Second Avenue are 80%
complete. Grading and paving of Sommerville will be done by the middle of
October.
The construction of 13th Avenue east of County Road 89 is nearing
completion.
The temporary right turn lane west bound to north bound Highwav 11101 to
8169 will be under construction in October.
FINANCE
Council held a public hearing on September 15, 1987 to receive input from
citizens on the proposed budget. City Council will have to act on the tax levy
for next year before the October 10th deadline. The oroposed budget calls for
a 4.7% increase in General Fund expenditures. Unfortunatelv it reauires a 24%
increase in the Citv's tax law to fund the 4.7% expenditure increase. City
Council is faced with tough choices.
FIRE DEPARTMENT
Five Shakopee firefighters participated in a seven hour foam seminar
sponsored by 3M Foam Specialists from Chicago. The seminar was held in Waconia
with 22 fire departments represented.
PUBLIC UTILITIES
October 4-10, 1987 is Public Power Week. A flyer in your electric bill
from Shakopee Utilities will contain information on locally owned electric
systems like ours. Shakopee has had its own electric system since 1900.
The water tower painting is just about completed and will be filled again
soon.
� 5
MSHAKOPIEEE
ette7odp
Dan October 1987
Vol.
President
Linnea S. wise
Vice Praaidant
George Muenchow
Past President
Lee Hemmen
Traasuror -
Y
Bob Blenkusb y�
r3
Directors
Industry:
Stan Nymeyer' -
Tim Keane
Noreen Becher
Retail'
Karen Martin
Bill
Wermerskirchen
Ruben Ruehle
Civic: The Shakopee Chamber of Commerce
Mike Broekemaie Piace: 1801 Past Highway 101
JohnondsR,invites rmi w itspnde[eon Shakopee,Minnewm
George Muenchow General Meeting
pay: Wcdtwday.O<mber 7. 1987
Trades: to mkt part in a celebmts m of the
Time: 11:70 a.m.m 1:30 p.m.
Randy Laurent Chamber of Commerce
Wally BakkenMail: Boa Lerch
Marilyn Hagerma Tourism eaConvention/
Coe:VisiSIO per Person
Visitors'Bureau Office Building
RS.V.P.by: Ocroha 2,1987
Lee Herman
Virgil Mears For Reservauom Call: 145-16b0
Brian Norris
Professional:
Dick Mertz
Lucy Rein At the September meeting the Board of Directors decided to postpone the
Linea S. Wise September 23rd general membership meeting to October 7th and hold the
dedication of the new Chamber building in conjunction with the meeting.
A committee was appointed and plans are in progress.
Executive Tents will be set up near the building and lunch will be catered. We hope
Secretary you will joint us for this special day!
Dr.A. Murah
Secretary
Darleen Schesso
as
MEMBERSHIP DRIVE
It's time for the new membership drive.
Although our membership has grown there
f are still many businesses and professionals
who are not members. Letters will soon be
going out to these prospective members but
we need your help to encourage and invite
them to join.
Hats off this month to Kentucky
••.CHAMBER BOARD MEETING
Fried Chicken. The attractive The Board of Directors will meet at noon
flower bed in front of their October 14th at the Chamber building. please
business really brightens it up. call the Chamber office by October 12 if
you plan to attend so we will know how many
lunches to order.
j! • TOURIST
[\ a INFORMATION
SHAKOPEE STAKES
The busiest day for giving out tourist Shakopee Stakes will be held at Canterbury
information this year was Sunday, Sept. 6
when 128 parties stopped by to ask for Downs on October 4th.
information. Below is a comparison of Characters from some of the Shakopee
tourism related activities. attractions will be on hand to greet patrons
1986 1987 and add color to the day. Brochures and
posters will be available at information
Phone calls 639 832 centers at the track.
Letters of Inquiry 292 636
Visitors 1,600 2,117
TOURISM COMMITTEE
Thanks to Robert Kunkel, Danita Marschall
and Evelyn Love who manned the information Now that the dust is starting to settle
booth and helped at the new Chamber building after a busy summer's activities the Committee
this summer. will begin to meet more regularly.
One of their projects will be to make
ARE YOUR DUES CURRENT? recommendations to the Convention/Visitors
Bureau where to spend our advertising dollars.
We still have a few members who haven't
paid their 1987 dues. Since our fiscal The next meeting will be held at the Chamber
year ends November 30 we would urge you building on October 16 at 8 a.m. If you
to get them in. would like to be a part of this group P lease
come and join us.
CONGRATULATIONS TO CITY STAFF for achieving
Star City status for Shakopee! We under-
stand a celebration will be in order soon. A BIG THANK YOU to the Minnesota Renaissance
for their donation of a badly needed copy
machine!
ST. FRANCIS TO SPONSOR 'FESTIVAL OF TREES' CONVENTIONNISITORS BUREAU NOTES
The Twin Cities entertainment center, which The Convention/Visitors Bureau has been
cures the summertime blues with Valleyfair, exploring the possibility of holding a major
Canterbury Downs and the Renaissance Festival, cross-country ski race in the area this year.
now captures the magic of Christmas with its
latest attraction, "Festival of Trees." At a recent meeting the Committee determined
that this would not be feasible this year,
"Festival of Trees" is a yuletide celebration however, they will continue to look into
designed to kick-off the holiday season, other winter activities.
Nov. 20-22 at Hazeltine National Golf Club.
Professionally designed Christmas trees and Commerce Comics
uniquely decorated wreaths dazzle viewers /7
at the "Festival." The weekend brings buyers /� —
and browsers together to delight in boutique- 0 A c 0
Christmas shopping, music, food, friends and
fun! Plus, one fortunate "Festival" goer
each day will win a holiday wreath as a
door prize. Child care & parking are free. -
n
Hours are Sat. 10 a.m.-6 p.m., and Sun.,
11 a.m.-5 p.m. All proceeds will benefit
the St. Francis Regional Medical Center's � e
Advanced Life Support Services, which provides
vital, life-saving emergency care to residents �ido.:mmkthmiawha:wayaoW-
in the Minnesota valley. Tickets are fl for a:the tham.e,meant wham may
seniors and groups of 20 plus, $2 for general said wa have:.e.,emd!'
admission children under 12 free. Contact
the Foundation at 445-2322, Ext. 365 for Here is another letter Jim Dunning received
advanced tickets. as a result of the balloon release for
sidewalk sale days.
SENATOR DURENBERGER TO KEYNOTE MGRI ANNUAL Sept. 10, 1987
MEETING Ladies and Gentlemen of Dunning's Hardware,
Senator Dave Durenberger will bb the featured First I must apologize for not replying
speaker at the 1987 annual meeting of Minnesota to you early. I found your balloon in the
Good Roads, of which the Chamber is a member. woods near my house on Aug. 16. Had I not
looked in a hole where I saw a glint of
The program will begin at 10 a.m. with a red I would have completely missed it.
legislative panel discussing the issues facing It was extremely coincidental that my
the 1988 legislative session. Members of the brother, Harold Martin found a balloon
panel will be: Senator Clarence Purfeerst, in our churchyard that same Sunday evening:
Chairman of the Senate Transportation Comm- I am back to school again at F.E. Madill
ittee; Senator Gene Morrison, Chairman of Secondary School in Grade 11. We live
the Senate Finance Committee; Rep. Henry Ka is near Wingham which is 15 miles east of
Chairman of the House Transportation Committee Lake Huron on the Bruce peninsula, Ontario.
and Rep. Glen Anderson, Chairman of the House you could also say we live in the Kutchner-
Appropriations Committee. The panel will be Waterloo area of Ontario. I hope you had
moderated by former Commissioner of Trans- a successful sidewalk sale. It would be
portation, Richard Braun. nice to hear from you and where your other
Date: Thurs. Oct. 15, 1987 Advance tickets-
balloons landed.
$20, panel discusiion at 10, lunch 12: 15. Sincerely,
Place: Sheraton NW, I-94 & U•S.169 Brooklyn Marlene Martin
Park. Mail Reservation to Minnesota Good
Roads, Inc. 3402 University Ave.SE, Mpls,
Mn 55414.
OCTOBER CALENDAR
4 Shakopee Stakes Day at Canterbury Downs
5 Shakopee Public Utilities Commission, Utilities building 4:30 p.m.
6 Convention Visitors Bureau, Chamber building 8:00 a.m.
Scott County Board of Commissioners, Room 109 Courthouse 9:00 a.m.
City Council, Council Chambers 7:00 p.m.
7 CHAMBER OF COMMERCE General Membership Meeting and Dedication of Building 11:30-1:30
ICC, Council Chambers 5:00 p.m.
8 Planning Commission, Council Chambers 7:30 p.m.
13 Scott County Board of Commissioners, Room 109 Courthouse 9:00 a.m.
City Council, Council Chambers 7:00 p.m.
14 Downtown Ad Hoc Committee, Council Chambers 7:30 a.m.
CHAMBER OF COMMERCE BOARD OF DIRECTORS, Chamber building 12 noon
15 Energy and Transportation Meeting, Council Chamber 7:00 p.m.
16 TOURISM MEETING, Chamber building 8:00 a.m.
19 League of Women Voters, Sr. High School 7:00 p.m.
20 Scott County Board of Commissioners, Room 109 Courthouse 9:00 a.m.
City Council, Council Chambers 7:00 p.m.
27 Scott County Board of Commissioners, Room 109 Courthouse 9:00 a.m.
City Council, Council Chambers 7:00 p.m.
MINNESOTA CHAMBER OF COMMERCE AND INDUSTRY SEMINARS
Customer Service: The Winning Edge
Credit & Collections: Polocies, procedures & Legal Aspects
A Reflection of You: A Unique Development Seminar For Professional
Office Support Staff
Effective Supervision I
Effective Supervision II
Emergency Planning and Community Right to Know
(For further information contact the Chamber of Commerce
Office 445-1660)
Shakopee Area Chamber of Commerce
U P .
AID
P.O. Boz 103 arae:aw
129% E. let Ave.
Shakopee. MN 66379
612445-16W
�L--
RECEIVED
OCT 11987
r.lTY 0—
o _
SCOTT - CARVER - DAKOTA
COMMUNITY ACTION AGENCY
OPEN HOUNESE
TUESDAY, OCT. 6, 1987
1P - 8PM
ANNUAL MEETING - 8 : 00
Iot
1257 MARSCHALL ROAD
SHAKOPEE, Mtn.
496 .2125 ^!`
� Jc.HIGH
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Session October 6, 1987
Chairperson Leroux presiding
1. Roll Call at 7:00 P.M.
2. Approval of September lst, 8th, and 15th, 1987 Meeting
Minutes
3. Shakopee Valley Motel Tax Increment Financing Project
4. Resolution #87-5 - A Resolution Requesting the Shakopee
City Council to Consent to the Levy of a Special Tax by
the Housing and Redevelopment Authority in and for the
City of Shakopee.
5. Resolution #87-6 - A Resolution Adopting a General Fund
Budget for 1988.
6. Other Business
7 . Adjourn
Dennis R. Kraft
Executive Director
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT
AUTHORITY
REGULAR SESSION SEPTEMBER 1, 1987
Chairman Leroux called the meeting to order at 7:02 p.m. with
Comm. Wampach, Lebens, Vierling and Clay present. Also present
were Mayor Reinke, John K. Anderson, City Administrator; Ken
Ash£eld, City Engineer and Julius Coller, II, City Attorney.
Leroux/Wampach moved to approve the satisfaction of mortgages for
the Minnesota Street Project and that a proper recognition event
be held to celebrate the completion of the five year residency
requirement for persons participating in the CDBG funded housing
project on Minnesota Street. The satisfaction of the last two
mortgages represented the termination of this successful program.
Roll Call: Ayes: Wampach, Lebens, Leroux, Vierling, Clay
Noes; None Motion carried.
Shakopee Valley Motel Tax Increment Financing Project
A discussion was held relative to amending the developers
agreement with Mr. Wallace Bakken dba Shakopee Valley Motel. Mr.
Bakken discussed his desire to amend the developers agreement and
allow him to construct a larger than envisioned campground and to
receive a partial tax increment payment for this work. The HRA
agreed with the concept of this project and directed the staff to
work with Mr. Bakken and his attorney to provide details and
amended developers agreement on this project.
Lebens/Clay moved to adjourn. Motion carried unanimously.
Meeting adjourned at 7:10 p.m.
Dennis Kraft
Executive Director
Peggy Swagger
Recording Secretary
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT
AUTHORITY
SPECIAL SESSION SEPTEMBER 8, 1987
Chairman Leroux called the meeting to order at 7:04 p.m. with
Comm. Wampach, Lebens, Vierling and Clay present. Also present
were Mayor Reinke, John K. Anderson, City Administrator; Ken
Ashfeld, City Engineer and Julius Culler, II, City Attorney.
The City Adminstrator reviewed the request to the HRA to issue
$2,660,000 in General Obligation Tax Increment Bonds, Series
1987A. Mr. David McGillivray, of Springsted, Incorporated, the
City' s Financial Advisor, answered questions regarding the
non-General Obligation issue, lost opportunity and higher interest
costs.
Vierling/Clay moved Resolution No. 87-4 Approving and Authorizing
Execution of Tax Increment Pledge Agreement Respecting $2,660,000
G.O. Tax Increment Bonds, Series 1987A.
Roll Call: Ayes: Wampach, Lebens, Leroux, Vierling, Clay
Noes: None Motion carried.
Lebens/Clay moved to adjourn. Motion carried unanimously. Meeting
adjourned at 7: 13 p.m.
Dennis Kraft
Executive Director
Peggy Swagger
Recording Secretary
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
ADJOURNED REGULAR SESSION SEPTEMBER 15, 1987
Chairman Leroux called the meeting to order at 7:02 p.m. with
Comm. Wampach, Vierling, Lebens and Clay present. Also present
were Mayor Reinke; Dennis Kraft, Executive Director; Ken
Ashfeld, City Engineer; Julius Coller, II, City Attorney and
John K. Anderson, City Administrator.
Wampach/Lebens moved to approve the minutes of August 18, 1987.
Motion carried unanimously.
The Executive Director reviewed options for recognizing the
fulfillment of the Minnesota Street Housing Program. Some of
the people who have benefited from this program are no longer
living in the area and efforts will be made to locate and
include these people. Any future development projects of this
type are unknown at this time. Insurance and/or liability
questions relating to the type of event planned (hot air
balloon ride) was covered. In case of inclement weather, a
public statement would be made as to the participants whose
names were drawn and the actual baloon ride itself could be
rescheduled.
Wampach/Vierling moved to set the date of October 10, 1987 at
10:00 a.m. as the time for a Minnesota Street Block Party and
Balloon Ride and direct the staff to notify Minnesota Street
residents of this event.
The Shakopee Valley Motel Tax Increment Fianncing Project was
reviewed by the Executive Director, with changes to the
originally approved development agreement noted. The
campground portion (Jellystone Park) would have an estimated
market value of $855,600.
Mr. Wallace Bakken of the Shakopee Valley Motel reviewed the
plans for the project. The improvements on Bluff Avenue
serving this project will also need to be reviewed by the
City Engineer. Discussion was held on the type of bonds and
the timetable of the project.
Vierling/Wampach moved to approve the concept of conveying
$100,000 to Mr. Wallace Bakken for the Shakopee Valley Square
Project and direct the staff to finalize the Development
Agreement and Assessor's Agreement for action by the HRA at the
regular meeting of October 6, 1987.
The impact of using revenue bonds versus General Obligation
bonds in the future was questioned. Additional information is
necessary to review what the costs of interest and a possible
policy of using only revenue bonds was discussed.
Vierling/Lebens moved to adjourn. Motion carried unanimously.
The meeting adjourned at 7:35 p.m. n,/
Dennis raft
Executive Director
P.a",
#3
MEMO TO: Shakopee Housing and Redevelopment Authority
FROM: Dennis R. Kraft, Executive Director
RE: Shakopee Valley Motel Tax Increment Financing Project
DATE: October 2, 1987
INTRODUCTION:
At the July HRA meeting Mr. Wallace Bakken dba Shakopee
Valley Motel requested permission from the HRA to construct a
campground as a part of the improvements for the Shakopee Valley
Motel Tax Increment Financing Project. This item was discussed
on three different occasions by the HRA and the decision was made
to approve the concept of providing Mr. Bakken with $100,000.00
provided that he completed the campground in a manner consistent
with a revised developers agreement.
The HRA is being asked to take action on this revised
developers agreement at this time.
BACKGROUND:
This project, as originally approved envisioned Mr. Bakken
making improvements to the Shakopee Valley Motel, constructing a
restaurant and constructing a campground with a value of
$500,000. According to the developers agreement once all of
these improvements were made the HRA would convey $330,000 to Mr.
Bakken to assist in the development of the property. The HRA
sold $500,000 in tax increment bonds in 1986 to finance this
project.
There was a requirement in the development agreement that
Mr. Bakken enter into an assessment agreement with the HRA and
that the assessment agreement be signed by the County Assessor.
As of this time the assessment agreement has not been executed.
Before you at this time is an amended development agreement
which provides that Mr. Bakken will receive $100, 000 provided
that he complete the Jellystone Park Campground by January 2,
1988 and provided that the campground will have a minimum market
value of $855,600. -
The above mentioned minimum market value will result in a
captured tax increment of $23,830. for next year and somewhat
similar amounts in subsequent years.
A draft of this developers agreement has been reviewed and
approved by Assistant City Attorney, Phillip R. Krass. This
document has been drafted by Mr. Jim O'Mera and has been reviewed
by him and also by Mr. Brian Alton, Mr. Bakken's attorney.
A copy of the developers agreement will be put on the table.
ALTERNATIVES•
1. Approve the amended development agreement with Mr. Wallace
Bakken which will result in the HRA conveying $100, 000 to
Mr. Bakken at such time as the Jellystone Park Campground is
completed with a minimum market value of $855, 600.
2. Do not authorize any further negotiations with Mr. Bakken on
the subject at this time and inform him that the HRA will
expect full performance under the original development
agreement.
STAFF RECOMMENDATION:
Alternative number 1 above is recommended with the
stipulation that Mr. Bakken sign an assessment agreement with the
HRA prior to the time of dispersement of any tax increment funds. -
ACTION REODESTED•
Move to approve the amended developers agreement between the '
Shakopee Housing and Redevelopment Authority and Mr. Wallace
Bakken dba the Shakopee Valley Motel.
#y
TO: Dennis Kraft, NRA Director
FROM: Gregg Voxland, Finance Director
RE: 1988 Tax Levy Resolution
DATE: September 30, 1987
Introduction and Background
Attached is Resolution Number 87-5 which requests the Shakopee City
Council to consent to the tax levy for the NRA. The levy is the one third of a
mill allowed which is estimated at 525,000.
Action
Offer Resolution Number 87-5, A resolution requesting the Shakopee City
Council to consent to the levy of a special tax by the Housing and
Redevelopment Authority in and for the City of Shakopee, and move its adoption.
RESOLUTION NO $7-5
A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT
TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND
REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE
WHEREAS, the Housing and Redevelopment Authority in and for the City of
Shakopee Mas created pursuant to Minnesota Statutes, Section 462.411 at. seq. ,
as amended, and
WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory
within the area of operation of the authority as a taxing district for the
prupose of levying and collecting a special benefit tax, and
WHEREAS, Section 462.462.545 states that the special levy shelf not exceed 1D
cents on each $100 of taxable valuation in the area of operation, and
WHEREAS, NSA 273.1102 states that any tax rate shall not exceed 33.33 percent
of such maximum tax rate specified by law or charter.
WHEREAS, Section 462.545 states that the governing body of the municipality
Must give its consent to such a tax levy.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVLOPMENT AUTHORITY OF
THE CITY OF SHAKOPEE, MINNESOTA, that the Housing and Redevelopment Authority
hereby requests the City Council of the City of Shakopee to consent to the
special tax levy of $25,000 payable 1988 by the Housing and Redevlopment
Authority in and for the City of Shakopee.
Adopted in session of the Shakopee Housing and Redevelopment
Authority Of the City of Shakopee, Minnesota, held this day of
1987.
Chairman
ATTEST:
Executive Director
Approved as to form this
day of
1987.
City Attorney
k+5
TO: Dennis Kraft, BRA Director
FROM: Gregg Voaland, Finance Director
RE: 1988 Budget Adoption Resolution
DATE: September 30, 1987
Introduction and Background
Attached is Resolution Number 87-6 which adopts the Shakopee HRA General
Fund budget for 1988.
Action Requested
Offer Resolution Number 87-6, a resolution adopting a General Fund Budget
for 1988 and move its adoption.
RESOLUTION NO. 87-6
A RESOLUTION ADOPTING A GENERAL FUND
BUDGET FOR 1988
__________________________________________________
WHEREAS, the By-Laws os the Housing and Redevelopment Authority in and for
the City of Shakopee provides that a budget be prepared on an annual basis.
NOW, THEREFORE, BE IT RESOLVED, that the attached General Fund Budget be
approved for 1988 with total appropriations in the amount of 5247,030.
Adopted in ___________ session of the Housing and Redevelopment Authority in
and for the Cith of Shakopee, Minnesota, held this ________ day of ............
1987.
---------------------------------
Chairman of the Housing Authority
ATTEST:
-------------------------
Executive Director
--------------------------------
Secretary
Approved as to form this
�
day of 1987.
-------------------------
City Attorney
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MIR
RESOLUTION NO. 57-7
A RESOLUTION APPROVING AND AUTHORIZING THE
EXECUTION OF AN AMENDED AND RESTATED CONTRACT
FOR PRIVATE DEVELOPMENT WITH SHAKOPEE VALLEY
SQUARE PROPERTIES
it is hereby resolved by the Board of Commissioners (the
"Board" ) of the Housing and Redevelopment Authority in and
for the City of Shakopee, Minnesota (the "Authority" ) , as
follows:
1. Recitals.
(a) The Authority has the powers provided in
Minnesota Statutes, Sections 469.001 through 469 .047
(the "Act" ) .
(b) Pursuant to and in furtherance of the objec-
tives of the Act, the Authority has undertaken a program
to promote development and redevelopment of certain land
within the City of Shakopee and in this connection is
engaged in carrying out its redevelopment project known
as the Minnesota River Valley Housing and Redevelopment
Project No. 1 (the "Redevelopment Project" ) in an area
(the "Project Area") located in the City.
(c) There has been approved by this Board, pur-
suant to the Act, a Redevelopment Program for the Rede-
velopment Project, as amended (the "Redevelopment Pro-
gram" ) .
(d) The acquisition and the subsequent sale or
lease of the potential development property to private
developers for development and redevelopment are stated
objectives of the Redevelopment Program.
(e) In order to achieve the objectives of the
Redevelopment Program and particularly to make the land
in the Project Area available for development by private
enterprise in conformance with the Redevelopment Pro-
gram, the Authority has determined to provide substan-
tial aid and assistance in connection with the Rede-
velopment Program through the financing of certain of
the public costs of development in the Project Area.
(f) Shakopee Valley Square Properties, a Minnesota
general partnership (the "Developer" ) , has presented the
Authority with an amended proposal for the construction
within the Project Area of a motel expansion and a camp-
ground/recreational facility, and a certain Amended and
Restated Contract for Private Development between the
Authority and the Developer (the "Development Agree-
ment") stating the terms and conditions of such revised
development proposal and stating the Authority' s
responsibilities respecting the assistance thereof has
been presented to this Board for its consideration.
2. This Board hereby approves the Development Agree-
ment substantially in the form presented to the Board and
hereby authorizes the Chairman and the Executive Director to
execute the same on behalf of the Authority, with such addi-
tions and modifications as those officers may deem desirable
or necessary, as evidenced by their execution thereof.
3. Upon execution and delivery of the Development
Agreement, the officers and employees of the Authority are
hereby authorized and directed to take or cause to be taken
such actions as may be necessary on behalf of the Authority
to implement said agreement.
4. The Board hereby determines that the execution and
performance of the Development Agreement will help realize
the public purposes of the Act and are in furtherance of the
Redevelopment Program.
Adopted by the Shakopee BRA Board of Commissioners on
1987 .
Chairman of the Housing Authority
ATTEST:
Executive Director
Approved as to form this
day of 198-1 .
City Attorney
- 2 -
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 6, 1987
Mayor Reinke presiding
1] Roll Call at 7:00 P.M.
21 Recess for H.R.A. Meeting
3 ] Re-convene
41 Liaison Reports from Councilmembers
51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
6] Approval of Consent Business - (All items listed with an
asterick are considered to be routine by the City Council
and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember so requests,
in which event the item will be removed from the consent agenda
and considered in its normal sequence on the agenda. )
*7] Approval of minutes of September 22, 1987
8] Communications:
a] Steve Keefe, Met Council re: Regional Meeting
b] Donna Hyatt re: Starwood Music Center
c] Herb rcl 51vr'W W -Ovs,c Cenfcr
d]
9] Public Hearings:
a] 7: 30 p.m. - Vacation of easements in Valley Park 6th Addn.
101 Boards and Commissions:
Planning Commission:
a] Ordinance Amendment for Temporary Sales Office - Ord. No. 231
b] Meritor Development Rezoning - Ord. No. 232
c] Bluff Avenue Rezoning - Ord. 234
*d] Final Plat for Eagle Creek Junction 2nd Addition
*e] Amendment of Res. No. 2760 Approving Final Plat of Heritage
Place
Energy and Transportation:
*f] Dial-A-Ride Contract Amendment =4
*g] S.W.M.T.C./City of Shakopee Transit Agreement
*h] Enabling Resolution Amendment
Downtown Committee:
i] Role of Downtown Ccmmittee in Encouraging Development
Industrial Commercial Commission:
*j ] Changing the Name of the Industrial Commercial Commission
=R"ATI"v_ AGENDA
October 6, 1987
Page Two
111 Reports from Staff: (Council will take a 10 minute break around 9:00)
a] Planning Commission Resignation
*b] Police Station - Roof Top Heating and A/C Replacement
c] Variance Fee Waiver Request - memo on table Tuesday
*d] Huber Park Trail/LAWCON/LCMR Grant
*e] Marschall Road Sidewalk Repair
f] Traffic Control on 1st Avenue & Holms
g] Environmental Risk Assessment Louisville Landfill
*h] Downtown Streetscape Project - Prospective Change Order
i] Change Order No. 3 Downtown Streetscape Project 1987-2
j ] Approve Bills in the Amount of 6744,810.79
*k] Interfund Transfers
*1] Abatement of Certified Storm Drainage Bill
m] Verbal Report from Mr. Coller re: Pullman Club Liquor
License Hearing
12] Resolutions and Ordinances:
a] Res. No. 2813 - Negative Declaration on Environmental
Assessment Worksheet for Canterbury Estates 1st Addition
b] Ord. No. 230 - Licensing of Outdoor Performance Centers
*c] Res. No. 2803 - 1987 Budget Amendment
d] Res. No. 2814 - Approving 1987 Tax Levy, Collectible in 1988
e] Res. No. 2815 - Consenting to the Levy of a Special Tax by the
HRA in and for City of Shakopee
f] Res. No. 2816 - Directing County Auditor Not to Levy a Tax for
-- Debt Service for Selected Bond Issues
*g] Res. No. 2818 - Amending Res. No. 2451 Adopting Special Assess-
ments for Valley Park Drive & 12th Avenue
*h] Reconsideration of Res. No. 2791 - 13th Avenue Assessments
i] Ord. No. 233 - Providing for Certain Exemptions of Required
Park Dedication Fees
*j ] Res. No. 2802 - Apportioning Assessments - Behringer lst Addn.
*k] Res. No. 2804 - Apportioning Assessments - Heri�age Place
*1] Res. No. 2811 - Appointing Judges of Election
*m] Res. No. 2819 - Certifying Delinquent Storm Drainage Utility
Bills
131 Other Business:
a] Lig�or l io6;lifj Zns�ror=G
b]
c]
141 Adjourn to Tuesday, October 13, 1987 at 7:00 p.m.
John K. Anderson
City Administrator
7
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 22, 1987
Mayor Reinke called the meeting to order at 7:09 p.m. with
Cncl. Clay, Vierling, Leroux, Wampach and Lebens present. Also
present were John K. Anderson, City Administrator; Dennis
Kraft, Community Development Director; Doug Wise, City Planner;
Ken Ashfeld, City Engineer; Judith S. Cox, City Clerk; Barry
Stock, Administrative Assistant; and Rod Krass, Assistant City
Attorney.
Mayor Reinke advised the audience as to the manner in which
this public hearing will be held.
Wampach/Clay moved to open the public hearing. Motion carried
unanimously.
Bruce Malkerson, representing Scottland Companies, the
developer of the proposed Starwood Music Center, introduced the
development team: Jeff Siegel, Project Manger; John Mullen,
traffic expert from Barton-Ashman; and Al Purez, sound expert
from Northern Sound. Mr. Malkerson gave an overview and
summary of the project. He referred to their partner's (Pace
Productions) proven record of success in the industry and with
community relations. Mr. Malkerson showed the map of the 86
acre site, showing seating for 5,000 people with additional
12,000 seating on the grassy area. The proposed time schedule
would propose opening in July 1988, with a season of late May -
early September. This would result in 40-60 events in a full
season. Permanent employment would be available for 20 people,
with approximately 300 seasonally. He referred to the traffic
management plan submitted to the City. He assured the Council
that the sound emitted from the facility would be within the
city standards and would be clearly less than that coming from
the Auto Racetrack, Valleyfair, airplane noise and normal
background noise levels. The proposed bypass is projected to
have a dba of 55 inside the homes in the area. Starwood' s
projected noise levels could at limited times reach 35 dba
outside these homes.
Performers would be chosen which will be in the best interests
of the community and the facility. A citizens group will be
formed to review and comment on performers and to promote
community events and fund raising opportunities which can
benefit by use of the music center.
Mr. Malkerson reviewed the benefits to the City of increased
real estate taxes at little or no cost to the City, 25C
admission payment to be used to fund Highway 18 project,
development of roads to be paid by developers previously paid
by the City, an additional awareness of the industrial park,
increased jobs for young people and more activity in purchased
goods and services for retail businesses. Mr. Malkerson
pointed out that their facility could be used by other civic
groups. Mr. Malkerson referred the Council to his letter of
last week where the developer responded to conditions of the
Conditional Use Permit.
City Council
September 22, 1987
Page 2
Joseph Zak, 5371 Eagle Creek Blvd. , representing the opponents
of this project, stated that the awareness of Shakopee is a
negative impression. Shakopee is getting a reputation for
accepting the things no one else wants in their communities.
He stated that the traffic problem allows very few retail
merchants the benefit of increased sales of goods and services.
The "Tom Thumb"s and liquor stores will benefit. There is
already an abundance of jobs for young people earning $4 - $5
per hour for seasonal work. The idea of town meetings,
religious events, etc. being held at Starwood is limited
because of the outdoor seating and the nature of the area's
winters. This would be for a short season only. A number of
people have stated that they will move out of Shakopee if this
is put in.
Mr. Zak 's calculations of the benefit of increased real estate
taxes resulted in the City receiving approximately $42,000.
Mr. Zak listed the negative effects of this project as follows:
vandalism, increased crime, alcohol abuse, drug abuse, need for
more police, litter problem with unenforceable resolutions,
violence, traffic congestion, drunk or impaired drivers,
decreased housing values, setting a precedent for new amusement
centers here, environmental problems, noise pollution and
crowded weekends at home in Shakopee. He disagrees that there
are any benefits at all involved.
Cliff Stafford, 2328 Eagle Creek Blvd. felt that the wording
"trained drug unit" is too vague in the C.U.P. He does not
feel either Starwood or police could control the alcohol being
brought in to the site. Other concerns regarding the early
traffic for concerts and congestion were raised.
John Schmitt stated that this facility will be dependent upon
community services, i.e. police protection, fire department and
use of roadways to thrive. His calculations show the tax
benefit to the City as approximately $23,000. Mr. Schmitt also
stated that the ordinance adopted by St. Paul to monitor
River est used a 110 dba sound level. He addressed the issue
of hand-held monitoring devices rather than a permanent type.
The permanent type would allow City's staff to measure the
sound at concerts without having to be present.
Mr. Schmitt addressed the 'moratorium' issue. Three of the
last 4 requests by Scottland Companies were for uses not within
the zoning ordinances. This track record leads us to wonder
where this is going. This moratorium would allow the City to
decide what it is that we want this area to become. It is
questionable if Scottland Companies is interested in preserving
the industrial park or destroy it for their own economic
interests.
City Council 7
September 22, 1987
Page 3
Mr. Schmitt addressed the traffic hazard listing four
intersections within the city that are hazardous. The
intersection of Hwy. 101 & 18 was listed in the EAW for the
racetrack, a 70-928 saturation at peak traffic periods. This
intersection will also be used by Starwood. The EAW for
Canturbury Downs and Starwood have not been evaluated together.
Mr. Schmitt feels that the EAW for Starwood is seriously flawed
by not adding the EAW for Canturbury Downs into the EAW for
Starwood.
Who will determine if a drug crises unit or ambulence will be
on hand? Mr. Schmitt felt that with these considerations, the
Council has options of defeat, delay or issue a Conditional Use
Permit with rigid standards. He also suggested that any C.U.P.
contain an annual review requirement and a renewal at the end
of the 3rd year which requires a public hearing and allows
restructure or addition of conditions if felt necessary.
Curt Olson, 620 McDevitt, spoke regarding a similar facility in
New York where a gridlock traffic problem exists. This would
become a common occurence here. He spoke of the history of
problems with outdoor amphitheatres across the country. Based
on his experience, he feels that noise will be a problem. The
trip to Riverbend was not a typical experience with these
facilities. He is concerned about increased violence in
Shakopee.
Ann Mulcrone, 1008 So. Market, a 29 year resident of Shakopee,
works for a relocation service company. They must reveal the
traffic problems of living south of the river to their clients.
She is concerned about the future of the City. She forsees
people who can afford to will move out to the fringes of the
community. The remainder of the residents will carry this
heavy tax burden. Shakopee will then becoming a large
playground with a blighted residential area.
Jerry Schmidt, 1041 Legion St. , noted the overwhelming
opposition to this project from the audience. He felt that
there was some fear of a lawsuit at the previous meetings. He
feels that the City Council and Planning Commission should stop
telling the public they don't know what is good for them.
Dave Czaja, 5262 Eagle Creek Blvd. , read notes from Beverly
Koehnen regarding considerations which should be taken into
account in the measurement of sound are temperature, humidity,
wind velocity and direction and type of structure and what it
is made out of. Ms. Koehnen stated that these conditions were
not addressed. She also stated that lacking in the report were
consideration of sound reflection off of surfaces such as the
lake or parking lots. She addressed Condition #5 pertaining to
drinking and time to stop. It takes 5 hours to metabolize a
quart of beer. She stated that the time of 1 hour is already
gravely insufficient and should not be reduced.
City Council
September 22, 1987
Page 4
Mr. Czaja addressed the conditions of the C.U.P. Condition # 5
deals with the alcoholic beverage termination time. Mr. Czaja
strongly suggests this remain 1 hour.
Item #4 - General Security addresses overnight camping, no
parking and no loitering. These items are not very enforceable
in the opinion of the Assistant City Attorney. It is highly
likely that there will be camping, parties, etc. occurring off
the site.
Item # 12 pertains to a 'history of disturbance' . The wording
should be reviewed to comply with Assistant City Attorney's
concerns, but any adverse affect of these events on our
community must be contended with.
Mr. Czaja has previously asked the developer for sound charts
giving information for sound levels anticipated at various
points throughout the city. He still feels this information
could prove valuable.
Condition #16 relates to Comprehensive Plan Amendments. The
Metropolitan Council has grave concerns and wants to see the
results of Comprehensive Plan Amendments as pertaining to this
issue.
Mr. Czaja then explained his reasons for the remaining
conditions as proposed and adopted by the Planning Commission
Conditional Use Permit.
Melanie Eahleck, 221 E. 1st Ave. , is in support of this
project. She stated that in her business she has encountered
lots of people who are showing support of this Music Center.
Most people are viewing the traffic problem as a temporary
irritant. She feels that Starwood would be long-term asset to
the community.
Ike Rygajlo, 1371 E. Rhode Island Ave. , Savage, spoke on the
part of opposition relating to the sound. He has worked in
sound and acoustics since 1951 and has worked in the Guthrie
Theatre and is currently working on reducing engine sound. He
stated there are two types of sound; one can be controlled and
one is uncontrollable. The measurement of sound cannot be made
accurately until the facility is constructed and operating.
Joan Loehman, 2350 Eagle Creek Blvd. , has attended a concert
where the music was loud and the crowd noise was deafening.
She said it took two days for her to recover from the noise.
Marlene Larsen, 1440 Blue Heron Trail, attended the Riverbend
concert as an unbiased citizen and the experience was a
positive one. She wanted to point out the positive cultural
aspects of the project and the opportunities it could bring to
US.
City Council 7
September 22, 1987
Page 5
Dennis Paulson, 959 Miller St. , who lives in Shakopee, stated
that as a police and juvenile officer, drugs are not going to
be openly obvious at concerts but they are going to be there.
Most of the parents in cases he works with are not aware their
child is using chemicals. People who are for this thing are
not living in Shakopee and do not have to deal with it in their
home town. He wants to see Shakopee grow, but in more
population, not this way.
Mr. Zak stated it is not likely that the Canadian Royal Ballet
would be performing at Starwood due to the small crowd. He
referred to correspondence from Dr. Muralt regarding the
control of Starwood Music Center. Mr. Zak feels that there
will be no control by the City. He sees no benefit to the
community by this project. This will be setting a precedent in
the industrial area and the entire town of Shakopee. He is
concerned that we have begun to lose control of the City and
about the rights and protection of the people in this town.
Sound issues remain unclear as there is no determination of
sound levels until the facility is operating. Mr. Zak pointed
out that the exact time a concert will end should be pinned
downin order to enforce the stopping time for serving of
alcohol. A citizens group will provide the management of
Starwood with an alibi.
Discussion was held on the sound levels emitted from Riverfest,
Raceway Park and the location of sound monitor devices. The
noise levels can be higher by ordinance in an industrial zone
than in a commercial zone.
Clay/Vierling moved a five minute recess at 9:10 p.m. Motion
carried unanimously.
Leroux/Vierling moved to reconvene at 9:27 p.m. Motion carried
unanimously.
Mr. Leroux outlined his concerns and questions regarding the
C.U.P. approved by the Planning Commission as follows:
Condition #1 - Certain parts of the EAW do indeed have no
bearing on the C.U.P. ; however, there are items that need to be
included, specifically, noise, potential pollution, traffic and
environmental impacts.
Condition #3 - Staff's recommendation that whether a drug
crisis unit should be at all performances should be on a case
by case basis. Who should determine this? After discussion,
either City Council or City Staff would be determining this and
it should be stated in the C.U.P. that the City will reserve
the decision on a case by case basis.
City Council
September 22, 1987
Page 6
Condition # 5 - relating to termination of serving of alcoholic
beverages should be 1 hour prior to the scheduled end of the
concert with no allowances for encores.
Condition #6 '- Discussion was held on concrete vs, bituminous
and whether these 4 items (6.A - D) would be better placed in a
developers agreement.
Condition 12 - "event will not be allowed which has a history
of causing a disturbance" This is something which will be
covered in an ordinance whether this C.U.P. is approved or not.
One option is to request a $50,000 letter of credit in the
event of violation of the ordinance or condition. In addition
the facility could have their license suspended or revoked.
Condition #13 - Sound levels should be measured at the property
line by constant monitoring devices. Commercial controls are
70 dba in L10, 65 dba in L50.
Condition #15 - It is hard to control litter no matter where it
is. Any really good suggestions would be helpful.
Condition #21 - This is a fact - There is no basis for this to
be included as part of C.U.P.
Condition #25 - relates to traffic levels. More specific
control of parking is warranted on any land within 300-500 feet
of the site. Discussion was held with respect to paid or
non-paid parking and how this affects the surrounding area.
Cncl. Vierling stated that an annual review of the C.U.P.
should be added.
Cncl. Lebens added that impact fees, such as when stoplights go
in, etc. , should be made a part of the developers expenses.
Cncl. Clay addressed the fact that off-site ticket sales could
be addressed under general City ordinance. Discussion was held
regarding the prepayment of parking or including it in the
ticket price.
Mayor Reinke stated that the City Council will receive written
statements from any interested parties until the close of
business on October 6, 1987. An Indirect Source Permit
necessary to this process should be back and reviewed prior to
City Council action.
City Council 7
September 22, 1987
Page 7
Mr. Czaja requested that an independent study be made to
specifically address noise within this area because Of the
uniqueness of the Valley.
The Asst. City Attorney stated that the noise standards are set
by the P.C.A. and are very strict. A meter to monitor these
standards is available and enforcement is up to the City.
Mr. Zak, addressing the traffic problem, asked that his traffic
findings also be considered in this study.
Assistant City Attorney explained the Conditional Use Permit
process and zoning ordinances. Conditional Uses are a property
owner's right and if the property owner meets the criteria for
a conditional use permit, the City is required to grant one.
If the property would exceed 150 acres, there would be no need
for a C.U.P. If this project is denied, the developer has the
option of going to a 150 acre parcel and going forward with no
restrictions.
The procedures involved in a lawsuit commencing from either
opponents or proponents was also discussed.
Assistant City Attorney reminded the public that their written
statements to be submitted to the City Council should address
the 12 criteria for a Conditional Use Permit.
Cncl. Clay asked if the process can be completed before
upcoming elections.
Curt Olson felt that the $50,000 letter of credit would not be
adequate. He said these things are being measured in terms of
money - what cost is a life? There is emphasis on money and
not life in Shakopee. He feels Shakopee does not face up to
the chemical dependency issue.
Sue Hofmaster, 1028 Dakota Avenue, asked if accurate counts
would be assured in the proposed new traffic study.
Clay/Wampach moved to close the public hearing. Motion carried
unanimously.
Leroux/Vierling moved to direct Staff to bring to this body
proposals for an independent traffic study by an organization
not as yet having worked within the City of Shakopee. This
proposal shall be before the Council next week. Motion carried
unanimously.
City Council
September 22, 1987
Page 8
Clay/Leroux moved to set the date for submission of written
statements will be until 4 :30 p.m. on October 6, 1987. This
time allows Mr. Zak, who will be out of town for fivedays,
time to submit his written statement. Motion carried
unanimously.
Mayor Reinke asked that Planning Commission members be in
attendance at the meeting where Council will discuss and take
action.
wampach/Vierling moved to adjourn. Motion carried unanimously.
The meeting adjourned at 10:46 p.m.
Judith S. Cox
City Clerk
Peggy Swagger
Recording Secretary
O i
O` Metropolitan Councuil
300 Metro Square Building
y III ,p Seventh and Robert Streets
"• St. Paul, Minnesota 55101
Telephone (612) 291-6359
September 25, 1987 r '
R` a�..�.eft
TO: Metropolitan Area Local Elected Officials SEP2 91987
CITY OF SHAK7prE
Autumn is rapidly approaching and soon it will again be time for the annual
series of the Metropolitan Council Chair's regional meetings.
These meetings have been held by Council chairs since 1975 and provide an
opportunity for you to hear about the issues the Metropolitan Council is
dealing with, as well as an opportunity to express your concerns and ideas
about the Council and its work.
1 would like to discuss with you the Council's priority projects for next
year, and some of the metropolitan issues we think the legislature may address
in 1988. Most of the meeting, however, will be devoted to your thoughts about
what you think we're doing right, what we're doing wrong and what we should be
doing in the future.
We will be holding at least one breakfast meeting in each county. The Scott
County meeting will be held on Friday, October 9, at the Canterbury Inn, 1244
SoulCanterbury Road, Shakopee. ' e mee ora Dutch treat bre stat
7:30 a.m.
I look forward to sing you �nd other public officials from Scott County at
the breakfast meeting. Please RSVP to Rosemarie Coleman at 291-6630•
Sincerely
--
Steve Keefe
Chair, Metropolitan Council
cc: County Administrators and City Managers
An E.ua, Opoo•iw xv EmPbver
September 24, 1987
TO: MAYOR ELDON REINKE
CITY COUNCIL MEMBERS
FROM: DONNA HYATT
1077 SWIFT STREET
SUBJECT: STANWOOD MUSIC CENTER
I recently attended a city council meeting (9/22) where the only item on
the agenda was the Starwood center. I have also attended and spoken at
most of the Planning Commission meetings as well as one Scotland presen-
tation meeting. I am opposed to this center coming to Shakopee and will
try my best to convince you of the same.
First of all, I feel I have to let you know that back in May I did speak to
Councilman Leroux, who at the time was a neighbor of mine. I left his home
totally deflated. I explained to him that my biggest concern/objection was
the traffic congestion. I stated that Mondays and Tuesdays it takes me
approximately 15 minutes to get home from work. I work 9 miles from home,
in Eden Prairie. Wednesdays, Thursdays, and Fridays, it takes me an
average of 40 minutes to get home and sometimes it has taken nearly an
hour. During the closings of the Bloomington ferry bridge, I have sat in
traffic for well over an hour. Mr. Leroux explained this two ways. Number
one, he said that my quitting time at work was my problem because of it
being 3:00 and close to post time at the track. But he also said that this
was not recreational traffic, rather development traffic. I have a problem
believing there is no development traffic on Monday and Tuesday.
Also during this meeting with Mr. Leroux, he stated that Bruce Malkerson
and he belonged to some organizations together (I know of the hospital
board for one) and they have breakfast together at least once a week. He
told me what a great guy Bruce was. I know that he was trying to emphasize
that Mr. Malkerson wouldn't do anything to harm Shakopee or its reputation,
but somehow, the fact that they are good friends, bothers me.
When I felt I had lost on the traffic issue, I brought up drugs and con-
certs. Mr. Leroux stated that he and his wife had been to a Huey Lewis
concert recently and the folks that sat behind them were using marijuana
and stressed the fact that it's common among even the finest people. In
Detroit, murder is very common, but I don't care to participate in that
either.
I was the opposing view that traveled to Cincinnati back in August. At
first we were told that as long as I had an opposing opinion, I would be
required to pay my own fare. After the trip, the council decided to pay my
way and I am grateful for that. Back to the trip; when I arrived at city
hall the morning we left, I was introduced to Marlene Larson. She stated
she was unbiased. I asked her if she worked at city hall and she said no,
she was a teacher. While riding in the van to the airport, she and I
discussed some of the drawbacks to an outdoor music center and I mentioned
drugs. She said, "I have some friends who went to a Huey Lewis concert and
y/� I
-2- -
the folks behind them smoked marijuana and they were nice people". I asked
Marlene where she taught school and she said Sweeney. Color me stupid, but
I have a hard time buying into the "unbiased citizen" line when here is a
woman who works with Karen Leroux, was asked to attend this trip by John
Leroux and then was quite thoroughly coached by him. At both a Planning
Commission meeting and at the recent Council meeting, Marlene has stood up
and stated she is for the music center and given various reasons why. Yet
when we talk in the hall during breaks, she says things like, "This isn't
really going to go in, is it?"
Another problem I have is with staff at city hall. One has to wonder why
they are all for this project. I'm sure it will look good on their resu-
mes, but what about the residents of Shakopee? We have nearly 1400 signa-
tures on a petition against this thing and there are very few in government
who care. If it wasn't for one caring man by the name of Joseph Zak, that
music center would be in operation right now. No one at city hall
questioned traffic, drugs, police protection, noise, lights, etc. Joe Zak
did. He inspired a lot of folks to take some pride in their community and
step forward, as taxpayers and voters, and let your feelings be known. Why
do we, common citizens, have to come up with the proof that this "thing"
doesn't qualify for a conditional use permit? Why have I paid for traffic
accident information? Where are the city hall planners who are suppose to
research this and provide information to the Planning Commission and City
Council? Why is EVERYTHING and ANYTHING that sets up a ticket booth in our
community assumed to be great and wonderful unless the residents prove
otherwise? Bruce Malkerson and Jeff Seigel don't live in this town. They
don't have to put up with the traffic. Their families aren't subjected to
the drunk drivers, drug users, armed robbers, etc. But they'll have their
hands out at the ticket window. Shakopee is an easy buck. I'll bet if we
gave a home to Bruce Malkerson he wouldn't move his family to Shakopee.
I have talked with various employees of the police department and even
though they "can't" say so publicly, they tell me privately that they don't
want this. A couple of brave souls have dared to sign the petition. I did
a study on crime in Shakopee and the surrounding communities. We have a
real problem. The state average of officer per population ratio is 1.3
officers per 1000 population. I work for Eden Prairie Police - we have a
population of 33,000 and we have 31 officers. Not quite a 1.0 average.
Shakopee has an officer per population ratio of 1.5. Eden Prairie still
manages to unlock cars, perform quality vacation house checks, provide
crime prevention (home security surveys, operation borrowed time, neigh-
borhood meetings, etc) and get the kitten out of the tree. Shakopee can't
do public service calls anymore - they're too busy. WITH WHAT????
Arresting armed robbers at Brooks who are in town from Chicago for the
races? I asked Chief Brownell about this and his response (unbelievable as
this sounds) was, "We need the legislature to give the track the tax break
so it will attrack a better grade of horse and more people". So what hap-
pens to the dude from Chicago that likes to rob dairy stores? He won't be
so easy to find in the bigger crowd! I don't want to see that race track
get a tax break. Scotland and Canterbury Downs said that this was going to
be the beat little money maker north of Texas. The state, county, city and
track owners were really going to be financial geniuses. Well it didn't
quite work out that way and now the government is suppose to bail them out.
IF I DON'T MAKE MY HOUSE PAYMENT, NO ONE'S GOING TO BAIL ME OUT.
-3- V
I have always thought the race track was a mistake in timing. You simply
can't set something like that down in a town with no roads. I'm sure the
bypass will help a little, at least with grain trucks. But that bypass
won't be completed for quite some time and we have to live here now. Why
do we need all this entertainment? There are only 11,000 citizens in
Shakopee. We can't stand any more fun. Why can't Shakopee just be a town
where folks live? Hastings is a great example of a nice community with
lovely parks, attractive entrances to town, and all that happens there is
people live day to day.
As I have said so many times before, Savage didn't want this thing, Blaine
is trying so very hard to stop one and so are your citizens. We are
begging you to find the one item on the C.U.P. that will atop one more
ticket booth from coming to our town. We are choking to death on all this
fun.
Everyone wants to be proud of where they live, but it's been pretty hard
lately when you hear chuckles the minute you mention Shakopee. A month or
so ago, Doug Grows of the Minneapolis Star Tribune wrote a sports column
about a resident of Shakopee, Don Link. He said something like "Somewhere
between the noise of Valley Fair and the smell of horses... ...". People
can't help but get their licks in; we're the butt of a lot of jokes. We
need to hire experts to tell us our traffic load is heavy. Yet Sim
Klobuchar wrote a column stating that he had to turn around and do his
shopping in Edina rather than Shakopee - traffic congestion. These
attractions aren't helping our town all that much. Sunny Acres Produce at
the Highway 101 and 212 intersection is like a building out of a ghost
town. I stop there periodically and the owner tells me his Shakopee custo-
mers won't come out there to shop anymore because they can't stand the
traffic. The folks in traffic aren't stopping in to buy either, so I'm
betting he'll be out of business shortly. We may end up with nothing but
hotels, motels, restaurants, gas stations and liquor stores in this town.
Folks want to move away and with them go the drug stores, grocery stores,
dry goods and doctors. I urge some very serious investigation on this
decision making process. -
RECEIVEDC
IIW 55379
OCT 0 ;1967 Jza E.. M)�
CITY OF SHAKOPEE,
v 1V
9-7
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MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Vacation of Easements/Valley Park 6th Addition
DATE: September 30, 1987
INTRODUCTION:
A public hearing has been set for October 6th at 7:30 p.m.
to consider -he vacation of two utility and drainage easements in
Valley Park, Sixth Addition abutting the common property line of
lots 1 and 2 0£ Block 1, at the request of the Scottland
Companies.
BACKGROUND:
The City Code precludes construction on an easement. The
-- ---- - ---vacation would permit construction of a connecting loading area
between Valley Industrial Centers 1 and 2. Shakopee Valley
Printing occupies all of Lot 1 and wishes to expand into Lot 2 by
moving their storage area to Lot 2. They need an enclosed dock
so they can move pallets back and forth.
The City Engineer has determined that the easements are not
necessary to accommodate drainage from public property. A needed
private storm sewer system can be controlled through the building
permit process. (See Engineer' s memo attached)
The Public Works Director has no objection to the vacation.
Pursuant to MSA 462.356 the Planning Commission must review
proposed disposal of property and report in writing concerning
findings as to compliance of the proposed disposal with the
comprehensive municipal plan. The Planning Commission has
determined that the vacation is not in conflict with the
comprehensive development plan of the City. (See City Planner's
memo attached) .
There are electric cables and equipment in both of the
easements along the Southerly 399.79 feet. Shakopee Public
Utilities have no objection to vacating the Northerly 100 feet.
(See SPUC Manager' s memo attached) .
Minnegasco has a 1 1/4" service within the East utility
easement along the Southerly 300 feet. They have no objection to
vacating the Northerly 199.79 feet. (See letter from Minnegasco
attached) .
I have spoken with Tim Keane, Scottland Companies, the
applicant, and he stated that vacating the Northerly 100 feet of
the two easements ( less the Northerly 20 feet) would provide the
space needed for construction of the loading dock.
ALTERNATIVES-
1. ) Vacate Easements.
2. ) Do Not Vacate Easements.
RECOMMENDATION•
Alternative No. 1, vacate easements.
ACTION REQUESTED:
Offer Resolution No. 2805, A Resolution Vacating Drainage
and Utility Easements Along The Common Property Line Of Lots 1
and 2, Block 1, Valley Park, Sixth Addition To The City Of
Shakopee, Scott County, Minnesota, and move its adoption.
I
1 i
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HERD TO: Doug Wise, City Planner
FROM: Ken Ashfeld, City Engineer`]
SUBJECT: Utility Easement Vacation
Valley Industrial Park 6th Addition
DATE: September 10, 1987
I have reviewed the request to vacate utility and drainage
easements between lots 1 and 2 , block 1 of Valley Industrial
Park , 6th Addition . The easements are not necessary to
accommodate drainage from the public roadway but is necessary to
accommodate drainage from the parking lots on lots 1 and 2. If
the property owners of lots 1 and 2 agree to install an
underground storm sewer system and maintain that system between
the existing building, I have no objection to the vacation . I
can control the storm sewer system installation through the
building permit process.
KA/pmp
VACATION
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. wise, City Planner
RE: Vacation of Easements in Valley Park 6th Addition
DATE: September 25, 1987
INTRODUCTION•
At their meeting on September 17, 1987 the City Planning
Commission recommended approval of the vacation of easements
adjacent to the common lot line for Lots 1 and 2, Block 1, Valley
Park 6th Addition and found that this vacation is not in conflict
with the City's Comprehensive Plan.
BACKGROUND:
Minnesota Statutes 462.356 requires review of proposed
disposal of property by the City's Planning Commission in
relation to compliance with the City's Comprehensive Plan. This
review includes vacation of streets, alleys and easements. The
City of Shakopee's Comprehensive Plan does not specifically
address easements along lot lines within the City. In reviewing
this request the Planning Commission determined that the request
does not conflict with the City's Comprehensive Plan.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission at their meeting on September 17,
1987 passed a motion recommending approval of the vacation of
easements adjacent to the common lot line for Lots 1 & 2, Block
1, Valley Park 6th Addition subject to an agreement from the
developers to install and maintain an underground storm sewer
system between the buildings to permit the construction of a
building to combine those two buildings. The Planning Commission
finds that this motion is not in conflict with the Comprehensive
Plan.
TO: Judy Cox, City Clerk
FROM: Lou VanHOUt, Utilities Manager
DATE: September 25, 1987
RE: Easement vacation, common property line of
Lot 1 & 2, Blk 1, Valley Park 6th Addition
From the plans sent to me yesterday by Tim Kone, it appears
that only the North 50 feet of the easement will be crossed
with the new construction.
From our records here, we show no Shakopee Public Utilities
Commission facilities in that area.
Please convey to the Council that Shakopee Utilities is
agreeable to the vacation of the North 100 feet of the
utility easements which are described in the heading
of this memo.
If this does not satisfy the property owners needs, please
let me know before the hearing.
fMmnegasco
A Company of Diversified Energies. Inc.
September 28, 1987
Ms. Judith Cox
City Clerk
129 lst Ave. East
Shakopee, Minnesota 55379
RE: Utility easement vacation of Lots 1 and 2, Block 1 Valley Park 6th
Addition, Scott County, Minnesota
On Sept. 23, 1987 I met with Jon Albinson of Scott Realty Inc. about
theproposedutility vacation referenced above. He informed me that
the reason for the vacation was to build a loading dock on the north
side of the existing building. Minnegasco therefor will amend its
objection to this vacation dated Sept. 17, 1987 as follows:
We have no objection to vacating the west line of Lot 1 , Block 1
together with no objection to vacating the east line of Lot 2, Block 1
EXCEPT for the South 300.00 feet that shall remain as a utility easement.
Should you have any further questions please call me at 612-342-5381.
Sincerely,
S)L'
Steven Von Bargen
Real Estate Specialist
Minnegasco, Inc.
cc: Mike Swan, Minnegasco
Jon Albinson, Scott Realty
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DOC-M2 7515 P/O OUTW' T A
RESOLUTION NO. 2805
A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS ALONG THE
COMMON PROPERTY LINE OF LOTS 1 AND 2, BLOCK 1, VALLEY PARK, SIXTH
ADDITION, TO THE CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA.
WHEREAS, the utility and drainage easements along the east
20 feet of Lot 1 , Block 1, Valley Park, Sixth Addition and along
the west 20 feet of lot 2, Block 1, Valley Park, Sixth Addition
were platted and dedicated to the public use; and
WHEREAS, it has been made to appear to the Council that it
would be to the best interests of the general public to vacate
part of said easements; and
WHEREAS, the Council has set a date for a public hearing at
which time to consider said vacation and due notice of the
hearing has been given, as prescribed by law; and
WHEREAS, all persons desiring to be heard on the matter were
heard at the public hearing in the Council Chambers in the City
of S:.akopee; and
WHEREAS, the Council has been fully advised in all things.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1] That it finds and determines that the
vacation of the property described in Exhibit
A attached hereto and made a part hereof is
in the public interest and serves no further
public need.
2] That the property described in Exhibit A
attached hereto and made a part hereof is
hereby vacated.
33 After the adoption of the Resolution, the
City Clerk shall file certified conies hereof
with the County Auditor and County Recorder
of Scott County.
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 £orm this _ may
of 1 1987
EXHIBIT A
The utility and drainage easement over and across the East 20
feet of Lot 1, Block 1, Valley Park, Sixth Addition, Scott
County, Minnesota, except the Northerly 399.79 feet and Southerly
20 feet thereof; and
The utility and drainage easement over and across the West 20
feet of Lot 2, Block 1, Valley Park, Sixth Addition, Scott
County, Minnesota, except the Northerly 399.79 feet and Southerly
20 feet thereof.
E X H I B I T A
(Revised October 1, 1987)
Easement A
The utility and drainage easement over and across the north
100 feet of the west 20 feet of Lot 1, Block 1 Valley Park
Sixth Addition, Scott County, Minnesota, except the north 20
feet thereof.
Easement B
The utility and drainage easement over and across the north
100 feet of the east 20 feet of Lot 2, Block 1, Valley Park
Sixth Addition, Scott County, Minnesota, except the north 20
feet thereof.
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Ordinance Amendment for Temporary Sales Offices
DATE: September 25, 1987
INTRODUCTION•
At their meeting on September 17, 1987 the City Planning
Commission recommended that the City's Zoning Ordinance not be
amended to allow temporary sales offices as a conditional use in
residential districts.
BACKGROUND:
On July 17, 1987 the City received a request from Heritage
Development Corporation to move in a temporary sales office until
its model homes are completed. City staff informed Heritage
Development that City Code does not allow temporary sales
offices. The City Council at their meeting on July 21, 1987
directed the City Attorney to draft an ordinance to allow
temporary sales offices as a conditional use in residential
districts. At their meeting on September 17, 1987 the City
Planning Commission held a hearing on the draft ordinance.
Attached is a copy of the ordinance prepared by the City Attorney
and the staff memo to the Planning Commission regarding the
ordinance. After completion of the hearing on September 17, 1987
the City Planning Commission passed a motion recommending the
ordinance not be changed.
The Planning Commission recommended not changing the
ordinance for the following reasons: (1) Heritage Development
already has there model up and will not need this provision now,
(2) the City should not be amending the ordinance just because
one developer has made a request, and (3) allowing trailers is
not in the best interest of the City and developers can easily
wait until their model home has been completed before setting up
a sales office.
ALTERNATIVES•
1. The City Council may approve Ordinance # 231 as prepared by
the City Attorney.
2. The City Council may not approve Ordinance # 231.
3. The City Council may amend the draft Ordinance # 231 and
approve the Ordinance with changes.
ACTION REOUESTED:
Offer and pass a motion as outlined in either alternative
number 1, 2 or 3 listed above.
/o a--
ORDINANCE NO. 231
Fourth Series
An Ordinance of the City of Shakopee, Minnesota, Amending the Shakopee City
Code Chapter 11 entitled "Land Use Regulations(Zoning)" by Amending Sec 11.25
Subd 3 to permit a Temporary Sales Office as a Conditional Use in an R-1 District
and by Amending Sec 11.26 Subd 3 to permit a Temporary Sales Office as a
Conditional Use in an R-2 District and by Amending Sec 11.27 Subd 3 to permit
a temporary Sales Office as a Conditional Use in an R-3 District and by amending
Sec 11.28 Subd 3 to permit a Temporary Sales Office as a Conditional Use in a
R-4 District and by Adopting by Reference Shakopee City Code Chapter 1 and Section
11.99 which among other things contain penalty provisions
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION 1: An additional Conditional Use added to Sec 11.25 Subd 3
The following Conditional Use is hereby added to Sec 11..25 Subd 3:
0 A Temporary Sales Office
SECTION II: An additional Conditional Use added to Sec 11.26 Subd 3:
The following Conditional Use is hereby added to Sec 11.26 Subd 3.
I A Temporary Sales Office
SECTION III: An additional Conditional Use added to Sec 11.27 Subd 3:
The following Conditional Use is hereby added to Sec 11.27 Subd 3:
K A Temporary Sales Office
SECTION IV: An additional Conditional Use added to Sec 11 28 S bd 3
The following Conditional Use is hereby added to Sec 11.28 Subd 3:
P A Temporary Sales Office
SECTION V: Adopted by Reference
The general provisions and definitions applicable to the entire City Code including
the penalty provisions of Chapter 1 and Section 11.99 entitled " Violations a Misdemeanor"
are hereby adopted 'in their entirety by reference as though repeated verbatim herein.
SECTIONVI: When in force and effect
After the adoption.and attestation of this Ordinance it shall be published once
in the official newspaper of the City of Shakopee and shall be in full force and effect
on and after the date following such publication.
Passed in session of the City Council in the City of Shakopee,
Minnesota, held this day of 1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form this
5th day of August, 1987. _
. ty Attorney
i
ICb
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Meritor Development Rezoning
DATE: September 25, 1987
INTRODUCTION•
At their meeting on May 19, 1987 the City Council approved a
motion directing the City Attorney to prepare the appropriate
ordinance rezoning from Ag to R-2 approximately 72 acres as
requested by the Meritor Development Corporation.
BACKGROUND:
Meritor Development Corporation submitted a preliminary plat
for approximately 163 acres located east of County Road 79 and
south of 11th Avenue, the northern 78 acres of this parcel is
zoned R-2. The southern 85 acres o£ this parcel is zoned Ag.
The developer petitioned for the rezoning of the AG portion to R-
2 and R-3 as shown on the attached map. At their May 7, 1987
meeting the Planning Commission passed a motion recommending
rezoning of approximately 72 acres from AG to R-2 as requested by
Meritor Development Corporation. The Planning Commission
recommended not rezoning the 13.24 acres for which Meritor
Development Corporation requested rezoning from Ag to R-3.
At the May 19, 1987 meeting the City Council approved the
recommendation of the Planning Commission and directed the City
Attorney to draw up the appropriate ordinance. Attached is the
ordinance prepared by the City Attorney.
ACTION REOUESTED:
Offer and pass Ordinance # 232 Rezoning Land From
Agricultural Zone (AG) to Urban Residential Zone (R-2) .
W
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ORDINANCE N0, 232
An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City
Code, Chapter 11 entitled "Land Use Regulation(Zoning)" by Removing the
Parcels of .land herein described from the Agricultural Zone (AG) and
Placing the Land in Urban Residential Zone (R-2) by Adopting by
Reference Shakopee City Code Chapter 1 and Adopting by Reference Section
11.99 Which, Among Other Things, Contains Penalty Provisions
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA ORDAINS:
SECTION I: Rezoning land from Agricultural Zone (AG) to Urban Residential Zone (R-2)
A. The land hereinafter described as land to be rezoned is hereby removed
from the Agricultural Zone and placed in Urban Residential Zone.
B. The land to be rezoned is described as follows:
The Northeast Quarter of the Southwest Quarter, the North 30 rods of
the Southeast Quarter of the Southwest Quarter, also the following:
Commencing at a point 50 rods North and 41 rods Ealst ofthe Southwest
comer of Section 7, Township 115, Range 22, thence running North 80
rods, thence East to the West line of the North east Quarter of the
Southwest quarter of said Section 7, thence South on the West line of
said Northeast Quarterof the Southwest Quarter and Southeast Quarter
of Southwest Quarter of said Section 7 80 rods, thence West to the
place of beginning;
North30 rods of the West 80 rods of the Southwest Quarter of Section 7
Township 115, Range 22, Scott County, Minnesota, according to the plat
thereof on file and of record in the office of the Register of Deeds
in and for said County and State.
EXCEPTING HOWEVER, The Southeasterly 13.4 acres more or less lying
southerly of the existing gas pipeline and located in the southeasterly
corner of the following described property:
The Southewest Quarter of the Northwest Quarter of Section 7, Township 115,
Range 22, Scott County, Minnesota; the Southeast Quarter of said Northwest
Quarter; the Northeast Quarter of the Southwest Quarter of said Section 7;
the North 30 rods of the Southeast Quarter of the Southwest Quarter of said
Section 7; also the following:
Commencing at a point 50 rods North and 41 rods East of the Southwest
corner of said Section 7; thence running North 80 rods; thence East to
the West line of the Northeast Quarter of said Southwest Quarter; thence
South on the west line of said Northeast Quarter of the Southwest Quarter
and Southeast Quarter of the Southwest Quarter of said Section 7 a distance
of 80 rods; thence West to the place of beginning.
Also the North 30 rods of the West 80 rods of the Southwest Quarter of
Section 7, Township 115, Range 22, Scott County, Minnesota.
All of the above being in Section 7, Township 115, Range 22, Scott County,
Minnesota.
C
SECTION II: General Provisions
Shakopee City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code including Penalty for Violations" and Section
11.99 entitled "Violations a Misdemeanor" are hereby adopted in their entirety by
reference as though repeated verbatim herein.
SECTION III: When in force and effect
After the adoption, signing and attestation of this Ordinance, it shall be
Published once in the official newspaper of the City of Shakopee and shall be in
full force and effect on and after the date following such publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of 1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form this
1 h day of September, 1987,
City Attorney
�C c
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Ordinance Rezoning Portion of Bluff Avenue From R-3 to
B-1
DATE: September 30, 1987
INTRODUCTION•
At their meeting on July 21, 1987 the City Council passed a
motion to direct staff to prepare an ordinance rezoning the area
east of Dakota Street, north of the centerline of Bluff Avenue
and west of Marschall Road from R-3 to B-1. Attached is a copy
of the ordinance prepared by the City Attorney.
BACKGROUND:
In order to refresh everyones memory on this issue, I have
attached the following information:
1. Minutes form the July 21, 1987 City Council Meeting.
2 . Information distributed to City Council for the July
21, 1987 meeting.
3. Minutes from the July 9, 1987 Planning Commission
Meeting.
ALTERNATIVES•
1. The City Council may approve Ordinance # 234 as prepared
by the City Attorney.
2. The City Council may not approve Ordinance # 234
3. The City Council may amend the draft Ordinance # 234 and
approve the Ordinance as amended.
ACTION REOUESTED•
Offer and pass a motion as outlined in either alternative
number 1, 2 or 3 listed above.
City Council
July 21 , 1987
Page -4-
previously needed to consider.
Voice vote was taken and the Motion carried unanimously.
There were no public hearings at this time .
The City Planner addressed Council concerning the Bluff Street
Rezoning. The City Planning Commission has recommended rezoning
from B-3 to B-1 the area located East of Dakota Street, North of
Bluff Street and West of Marschall Road. A public hearing by the
Planning Commission was held and the recommendation is to rezone
the area East of Dakota Street. City Staff has notified the
owners of the two homes and the day care center located within
that area of their future status as non-conforming uses should
the City Council approve the recommended rezoning. The day care
center operator was the only one who responded and was not overly
concerned. The other property owners have not responded, nor did
they attend the public hearing by the Planning Commission.
Mr-. Bob Schilz, owner of Ornamental Iron Works, offered comments
regarding the proposed rezoning.
Leroux/Wampach moved to direct Staff to prepare an Ordinance
rezoning the area East of Dakota Street, north of the centerline
of Bluff Street and West of Marschall Road from R-3 to B-1 .
Motion carried unanimously.
A communication was received from the Metropolitan Council
extending an invitation to participate in their current strategic
planning process . Thirteen topic areas were identified for
Preliminary investigation and local governments are asked to
choose which they feel are the top five issues facing the region.
Staff had reveiwed the thirteen areas and rated them according to
the five they felt the most important- and those were indicated to
Council . The City Administrator stated he had received
correspondence yesterday from the Metropolitan Council Chair that
indicated they felt the top six .items were : ( 1 ) regional economy,
( 2 ) human resource framework , ( 3 ) water mangement , ( 4 )
transportation , ( 5) strategic planning and ( 6 ) solid waste
•management. A representative from the Metropolitan Council was
Present and discussed this matter with City Council.
Leroux/Vierling moved to concur with the list as prepared by City
Staff and to correlate that with the recommendation by the
Metropolitan Councilascontained in their July 17, 1987 , letter.
(DOC No. CC-141 ) . Motion carried unanimously.
Mayor Reinke noted for information that the Star & Tribune will
be doing an article on the Shakopee bypass (the south bypass) .
This will be from the standpoint that 14NDOT will be eliminating
projects and funding and in a review of those road projects being
-vG
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner ^'\ / p
RE: Bluff Street Rezoning
DATE: July 17, 1987
Introduction•
At it' s regular meeting on July 9, 1987 the City Planning
Commission recommended rezoning from R-3 to B-1 the area located
East of Dakota Street, North of Bluff Street and west of
Marschall Road.
Background:
The City received an application from three adjacent
property owners on Bluff Street that own commercial property
within the R-3 zone requesting that the zoning be changed to B-1.
The Planning Commission and the City Council expanded the area to .
be considered for rezoning to include the entire area zoned-R-3
north of Bluff Street.. The decision to look at the rezoning of
the entire R-3 area north of Bluff Street will unable the City to
viewtherequest for the proposed change from the property owners
in light of the zoning within the surrounding area. This gives
the City the options of either 1. ) rezoning the entire parcel,
2. ) rezoning a portion of the parcel or 3. ) not rezoning any of
the parcel.
At their meeting on July 9, 1987 the Planning Commission
held a public hearing on the rezoning of the entire R-3 area and
thoroughly discussed the rezoning of the entire area and portions
of it. The Commission recommended approving the rezoning of the
area East of Dakota Street and the City staff has notified the
two homes and the day care center located within the area of
their future status as non-conforming uses should the City
Council approve the recommended rezoning.
Also enclosed for your further information are: 1) Staff
memo to. Planning Commission date 7/2/87 , 2) a map showing the
area that is zoned R-3 and recommended for rezoning, 3) a map
showing the current land use in the Bluff Street area, 4) minutes
and a memo from 1981 when the rezoning of Bluff Street was
previously discussed by the Planning Commission.
Planning Commission Recommendation: ______ . ____._.
The Planning Commission recommends the rezoning of the area
located East of Dakota Street, North of Bluff Street and West of
Marschall Road from R-3 to B-1.
Action Reauested:
Move to direct staff to prepare an ordinance rezoning the
area East of Dakota Street, North of Bluff Street and west of
Marschall Road from R-3 to B-1.
�.y
MEMO TO: Shakopee -Planning Commission
FROM: Douglas K. Wise, City Planner
RE: Bluff Street Rezoning -
DATE: July 2, 1987
Introduction•
The City received an application from three adjacent
property owners on Bluff Street who own commercial property
within the R-3 zone requesting the zoning be changed to B-1. The
Planning Commission and the City Council expanded the area to be
considered for rezoning to include the entire area zoned R-3
north of Bluff Street.
Background:
Enclosed you will find 1) a map showing the area that is
zoned R-3 which is being considered for rezoning, 2) a map
showing the current land use in the Bluff Street area, 3) minutes
and a memo from 1981 when - the rezoning of Bluff Street was
previously discussed by the Planning Commission.
The Planning Commission- in it ' s decision to look at the
rezoning of the entire R-3 area north of Bluff Street will enable
it to view the request of the proposed change from the property
owners in light of the zoning within the surrounding area. This
gives the Planning Commission the options of either 1) rezoning
the entire parcel, 2) rezoning a portion of the parcel, or 3) not
rezoning any of the parcel.
Considerations:
In addressing considerations I would like to refer to the
attached memo from City Planner Don Steger dated May 7, 1981.
The attached memo raises five questions which should be addressed
at this point. The questions and the current responses to them
are as follows:
1. Are conditions along Bluff Ave. any different now than when
rezoned to R-3 in 1979?
Two changes have occurred in the area since 1979, whether
they are considered significant enough to alter the zoning
is not £Or certain. The first change has been the expansion
of commercial activity adjoining the east end of the parcel
that is zoned R-3 . Expansion of businesses and construction
of new businesses has occurred in the area of Bluff, Highway
101 and Marschall Road. In particular the Red Carpet Motel
has been constructed and the City has on several occasions
warned the Motel about the use of their property across
Bluff Street in the R-3 Zone being used for overflow parking
and truck parking (see attached letter) . The second change
located approximately in the middle of the R-3 zone has been
the submittal of plans by Mr. Bob Schiltz to expand his
business. Mr.. Schiltz was informed when he applied for the
building permit that he was a non-conforming use and
therefore we could not approve the building permit for
expansion of his business. Mr. Schiltz then initiated the
rezoning request which has resulted in this matter before
you today. I would like to draw your attention to the
attached map indicating the current land use within the R-3
zone area north of Bluff Street. The map indicates that the
far eastern end of the property and far western end of the
property is vacant, in the middle is a mixture of both
residential and business activity with the western 2 blocks
being primarily dominated by residential activity and the
eastern 2 blocks being a mixture of residential and business
development.
2. Has the overall plan for the Bluff Street Area changed since
the Comprehensive Plan adoption?
NO.
3. Have problems occurred since 1979 regarding the current R-3 -
zoning along Bluff Street?
The only problems consist of the desire of Mr. Schiltz and
the Red Carpet Inn to expand their businesses in to the R-3
zone.
9. Has significant changes occurred in overall community goals
and policies?
No.
5. was the original zoning map in error?
No.
Other considerations which should be considered include the
area adjoins a State/Federal Wildlife Refuge and the rear portion
of the Drcrarty is within the Flood Hazard Zone Area. These two
factors may =_r.._t development of the property and also _ cicate
possible concerns regarding compatibility of adjoining. iand use.
Another facto_ to be considered is the proposed extension c'
Bluff Ave. to connect with Marschall Road. If this improvement
is completed it will result in considerably more traffic on Bluff
Ave. than current y exists.
Staff Recommendatio.
The staff recommends rezoning of Outlot A on the -ar eastern
end of the R-3 area to B-1. Thisrecommendationis based on the
property being surrounded on two sides by business and the need
for the motel to expand it's parking into this area which thev
presently own. This particular site is not really suitable for
any other development. -
16
staff feels that the other unplatted land thatisnow vacant on
the eastern end of the R-3 zone could be rezoned to allow for
expansion of business activity in this area if the property
owners so desire. It is a buffer area between a couple houses
along Bluff Street and the business development around the
intersection of First Ave. and Marschall Road. Continuing to
move to the west the next two blocks are mixed residential and
business. They contain the parcels owned by the three property
owners who have petitioned for rezoning to B-1. The area is
clearly mixed commercial and .residential development and which
ever way the zoning noes one or the other will lose. If the
blocks are rezoned to B-1 Mr. Schiltz and the co-petitioners for
rezoning who owns the vacant lot next to him would be allowed to
expand the business use of their property which Mr. Schiltz
presently intends to do. However, at the same time the two or
three homes on these two blocks would become non-conforming uses.
Staff has come to the conclusion that the proposed expansion of
Mr. Schiltz ' s business is not significant enough to change the
overall character of this ---immediate area from a mixed
residential-commercial use to a predominately commercial use
area. Therefore the staff recommends that with the exception of
the far eastern end of the R-3 zone the remainder of the area
should remain R-3 at this time.
It is the intention of the planning staff to update the
City' s Comprehensive Plan within the next year. Updating of the
clan will specifically study this area in much greater detail to
better determine how the area should develop in the future.
Based on the results of the clan update the City may want to
reconsider the zoning of this area at that time.
4
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C, ITY OF SHAKOPEE
WCo P.Po.ATcV 1690 - -
!__ E. FrS; Ave. - Snakopee, Minnesota 55379-1376 (612) 445 3650
r
January 16 , 1985
Mr. Tom Dekowski
Barthel Construction
21370 John Millers Drive
Rogers, MN 55374 - -
Re: Parcel No. 27-075-001-0
Travel Host Motel
Dear Mr. Dekowski,
Please be advised that the 'site plan which was submitted and
approved for the construction of the.sravelliost_Motel-.did
}not�=clude Outlot—A s�ot'its ssse�sy s.addition a_rki- ,.?or
_
Outlot A is located within- R-3 (mid denssity.-raside t'_ l
loodnla_in zoning district whichldoes_xi_ot .allow�or.�aikiisa'
T7ots as a permitted use; whereas"Lo "i; Blo k 1, Halo ' s 1st
Addttion is located- in the B-1 District, which obviously
permits motels . Bluff Avenue is the dividing line between
the two zoning districts.
Outlot A may not be developed nor used as a parking lot. Any
attempt to do so will be a direct violation of the zoning
ordinance. Should you have any questions, please contact me.
Yours truly,
� ��V' Yy.t_�_,
Judi Simac
City Planner
JS : cah
cc: Building Dept. -
Engineering Dept. F
Shakopee Flanning Cc=-;ion ` b
May 14, 1951
Penial ch/Stoltzman moved to recendto the City Ccvncil 6 tra 7 _moi Jc:hi Cc--ittee
approve) c: the Prel, and Finial Plat o: n. Valley 5th 6 Gtr. Addns. , snb,iect to:
1. From file point of northerly deflection, 12f,.h Avenue Court th rename3 to Taylor
Street. The cul-de-sac be renamed to Taylor Court.
2. The future platting of Outlot A, Minnesota Valley 6th Addition, b° subject to
the adopted recommendations of the Mall Traffic Study c•_-z. on, being jecpared
for the City,
3. The signature blocks of both plats be changes to cor.,
corder requirements, ply with the County fie-
4. A cash payment for park dedication be made.
3. The City Flanner review the deed restrictions Prfor to the issuance of indivi-
dual lot building permits.
6. Approval of Title Opinion by the City Attorney.
7• Execution of a Developer's Agreement for the construction of the required
improvements.
B. All final plans and specifications be prepared in accordance with City Design
Criteria and Standard Specifications and be received and approved by the City
Engineer.
9. Construction drawings for the watermain, storm sewer, roadway and sidewalk be
submitted to and approved by the City Engineer.
10. The water utilities be designed and approved by SPU- manager.
11. Street lighting be approved by SFDC manager.
12. Sidewalk be ins allled along the west side of Folk Street,
.-.-. _Motion carried unanimously,
.Discussion - Rezonine of Bob Schilz p,p Ztv -
The city ?i-nner highlighted his memo reviewing the zoning along the north side of
Bluff Avenue, as per request by Bob Schilz, owner o" Or;amental Iron iforks. h=,
Schilz' property was zoned Commercial when he purchzsed it and after that time it
was rezoned R-3 (Mid-Density Residential) as pari of the City—gide rezoning process.
Fir. Schi lz claims he was not informed of the rezoning, although research indicates
that all official notifica mon requirements concerning the ty-wide rezoning were
implemented. - �
Schilz stated the only reason he wants it rezones to
sales. Fis .Zs_ness is a_ Co"m`--=rz is :'cr fut•,
�abd a:hered in now, so he is paying Commercial taxes,
t not exmriencing the benefits of Commercial zo^-:g. He feel
of the tialue of his business. s he lost part
C-tic-ess✓a � cF- re_____:ng a ^ezoning or of sei'dng to a s��
_ Esse= more speer' Y p._ :rpcessS c_' .._
_• - -=z__.s. r.e� _iced about
c ie stated that two of __s nE'-. _ _-Eqt 5
commercial nope--iy. -g-h cors have e.-cpresses -merest i- _ g
Cncl. Colligan leaves at this point, 9:30m.
p.
Discussion - -_-,i;'s 4th Addition, - Sketch Plan Revj . . _
The City Fianner explained that this was a sketch plan. for three fou -ria
each, with garages. He pointed out that the r-_xes, 2 bedrooms
street than the pri^_cz.o- bull garages cannot be closer to the
hg, acccr-cng tc or_ng Orddnance.
MEMO TO: Shakopee Planning Corission -
FROM: Don Steger, City Planner
RE: Zoning Classification (North side cf Bluff Avenue)
DATE: May 7, 1981
At the April 9, 1981 Planning Comdission meeting, Bob Schilz, owner of
Ornamental iron Works located at 931 E. Bluff Avenue requested the Planning
Commission to review the zoning along the north side of Bluff Avenue. The
business is currently located in an R-3 (Mid-Density Residential) Zone,
anile Mr. Schilz prefers commercial zoning.
Mr. Schilz indicated that when he received his Building permit in April,
1979 the properly was in a commercial zone. Be further indicated that be
was unaware of the Bluff Avenue rezoning which occurred as Dart of the
City-wide rezoning process. The following dates summa-ize the events:
Puc2,ic Bearines on Comprehensive Plan by Plannine Com_ssion:
March 8, 1979
April 10, 2979
Zonias Ordinance Actions by zlamninc Comm!Lssion:
June 7, 1979 -- Discussion on proposed new zoning ordinance and map;
July 10, 2.979 - Public hearing on proposed new zoning ordinance and
map inclu^ling specific discussion on Bluff Avenue
area;
July 12, 1979 - Ccat_uation of pnblic hearing on nrcposed new zoning
erP�nance and map including mere d___u_sion Bluff Avenue
area;
- August 9, 1979- Discussion on Droposed new zoning cry mance and map;
Au_us' 23, 19j9- Disenssicn cn proposed new zo=ing =d-4n-- and =m.
onimz _- -
October 1c, 1979 -- Discussion on the proposed new Zoai2g Ordiaz^ce
and map occurred d=-_419 several previous City
Council meetings.
Official ' __cation Zc-.:nz 0,.,:,_an- e an'
October 24, 1979
Amll official notification requirements concerning the City=aide rezoning were
plemeated. In addition, cnsiderable attention to the new Zoning Ordinance
and Map was given by the local media so as to cn_.,__ the local c_iizens.
Shakopee Planning Co _ssioa -.-_ - my 14, 198-1
Zoning Classification - moi-,-f Ave. - - Page -2- 16
When reviewing the Planning Commission and City Council schedule conce^ing
the Comprehensive Plan, Zoning Ordinance and Map, it is clear that a great
deal of thought and discussion occurred prior to formal adoption. in addition,
sneci_^ic discussion occurred on the Bluff Avenue area which concluded in the
R-3 Zone for the area.
Although the staff is not prepared to make a recommendation concerning
rezoning the Bluff Avenue area from the R-3 zone to a commercial zone until
a formal rezoning reauest is made by Mr. Schilz, several questions should be
considered by the Planning Commission in order to provide Mr. Schilz some
direction:
1) Are conditions along Bluff Avenue any different now than
when rezoned to R-3 in 1979?
2) Has the overall plan for the Bluff Avenue area changed since the
Comprehensive Plan adoption?
3) Have problems occurred since, 1979, regarding the current
R-3 Zoning along Bluff Avenue?
4) have significant changes occurred in overall community
goals and policies?
j) Was the original zoning map in error?
if the Planning Cozaissions' answers to these ouestions are negative,
justification for rezoning the Bluff Avenue area appears -sal.
DS/jiv
Proceedings of the - kpril 91 1981
Shakopee Planning ..:`fission ?age _!u-
Kmart Retail Store (Garden Sales in Parking Lot) - Discussion:
Discussion was held on the request rade by the Kmart Retail Store, Minnesota
Valley Mall, for a temporary garden sales center fin an area of their parking lot.
Don Schniepp, Assistant Manager, was present and explained 'Yat they had the garden
sales set up df any of the Commissioners wanted to look at it. They didn't know if
any type of permit was required for this type of sales lot.
Coller/Perusich moved that operations such as the Kmart garden center not be reauired
to obtain a Conditional Use Permit because they are an intregal component of such
business and temporary in duration. It is also recommended that staff be instructed
to monitor over the next two months the operation and make recommendations so we can
lddress it next year. Motion carried unanimously.
Scot-land, Inc. , Sever Flows - Discussion:
Coller/Stoltzman moved to concur with the City Council action of March 24, 1981, to
designate two 75 acre areas of VIP, Ltd. , property as. Moratorium Alternative Areas
"7." and "T" on the City's 1980-90 Comprehensive Plan Sewer Mau."
Other Business:
Bob Schilz, 931 Bluff Avenue, initiated discussion on the re-zoning of his business.
He explained that when he bought there, it was commercial, and then later was changed
to R-3 and he had no knowledge of it being done. he is paying commercial rates, and
feels he should be re-zoned commercial. He is especially concerned with the negative
aspects if he wishes to sell the business.
After some discussion, Comm. Coller recommended the item be placed on the May lhth
agenda thus ¢Vowing time for staff to check files for dates and pertinent information
on this rezoning . .lie also stated that if MS. SChliz could have the backing of his
neighbors, it would be helpful.
The City Adm^, explained some of the problems the staff is having in doomhating
agendas for City Council and Pia^__ng Commissicn, and asked if the Commissioners
would consider meeting on a }ionday or Wednesday night instead.
Comm. Coller suggested t.^.e Al._, -lay oat a schematic on a calendar to point out the
problems t.at are opc._- a.._ ___ _ _t back nex3 meeting.
'er/Stoltzman moved to a__,c-r:. ...t : ca^iec _-u=_mously. Meeting adjourned
at 11:00 M.M.
John Sc:� ..itt -
Cna=rman
Diane S. Beuch
Recording Secretary
�b v
PROCEEDINGS OF THE PLANNING COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA JULY 9, 1987
Chairwoman VanMaldeghem called the meeting to order at 8:29 p.m. with
Comm. Czaja, Foudray, Pomerenke, Rockne .and Schmitt present. Also
present were Douglas K. Wise, City Planner; John K. Anderson, City
Admr. and Cncl. Steve Clay.
Chair VanMaldeghem informed the Commissioners that the continuance of the
public hearing for the conditional use permit for an open sales lot by
Bart Bradford was supposed to be on tonight's agenda, but the request
has been withdrawn. Therefore, the hearing needs to be opened and
closed tonight.
PUBLIC HEARING - CONDITIONAL USE PERMIT FOR AN OPEN SALES LOT - BRADFORD
Rockne/Pomerenke moved to continue the public hearing to consider the
request for a Conditional Use Permit to operate an open sales lot (flea
market) upon the 36 acres located east of Valleyfair. Motion carried
unanimously.
The City Planner stated the applicant has withdrawn his request.
Rockne/Czaja moved to close the public hearing. Motion carried unanimously.
Foudray/Pomerenke moved to approve the agenda as printed. Motion carried
unanimously.
Czaja/Foudray moved to approve the minutes of June 4, 1987 as printed.
Motion carried unanimously.
PUBLIC HEARING - REZONING FROM R-3 to B-1 - CITY OF SHAKOPEE
Czaja/Pomerenke moved to open the public hearing to consider the rezoning
of the property located on the North side of Bluff Avenue from Fillmore
Street to just west of Marschall Road from R-3 to B-1. Motion carried
unanimously.
The City Planner gave the background of the rezoning consideration. He
said that Schilz Ornamental Iron proposed an addition to its property and
initiated the application for rezoning from R-3 to B-1 to allow expansion
of the non-conforming business use. He said since the rezoning to R-3 in
1979, one duplex has been moved into the area.
The City Planner addressed the other reasons for rezoning. There has been
no change in the Comprehensive Plan; two businesses have desired to expand
and not been allowed to; there have been no significant change in the
overall goals of the City and no error in the zoning map. A change to B-1
could act as an incentive for commercial business, since rezoning to residen-
tial has not spurred growth.
Shakopee Planning Commission
July 9, 1987
Page 2
The applicants for rezoning are Schilz Ornamental Iron, a vacant lot to
the east and the next lot to the east owned by the Towing Service. This
hearing is to consider rezoning the entire area, but there can be rezoning
of just a part of it. There was some discussion of the use of various
lots in the area.
Chair VanMaldeghem asked for comments from the audience.
Lydia Rohlfs, 931 East 1st Avenue, states she speaks also for her sister,
who isn't able to attend tonight. They are against the rezoning of their
property, which is located between Main and Market Streets, 150 feet.
Bill Hauer, 706 Apgar, owns the property behind the Super America station,
from Naumkeag to the motel. He asked if the zoning had to be changed now,
or if it could be applied for later. He also asked if there would be an
increase in taxes with the zone change.
The City Planner replied that if it is not rezoned now, he would have the
right to apply for rezoning later. However, if it is desired, now is the
time to rezone as long as the City is considering it. He doesn't know
the effect of taxes on the property. He pointed out it would change the
acceptable uses from residential to business. At a later time, a rezoning
request would take a minimum of 60 days to process, with no guarantee of
outcome. Comm. Schmitt said there would probably be an increase in taxes.
Bob Schilz said he is the original applicant for rezoning. If there are
some dissenters to the idea of rezoning, he would appreciate the Planning
-� Commission honoring his request for rezoning, but still honor the other
property owners' desires. He said the three people who live across the
street from his shop have signed a paper and they have no objections to
the change in zoning.
Comm. Schmitt interjected he didn't believe the day care property should
be designated as commercial use, because it has a conditional use permit.
Mr. Schilz said the property owned by Les Koehnen is used by Mr. Koehnen
for storage, but is rented out to a body shop and has had a commercial
use for many years.
Dave Manlove, manager of the Red Carpet Inn, stated he has come on the scene
late and discovered the parking area designated for trucks is illegal. He
stated the motel owner bought the property with the intention of providing
parking, and hopefully for trucks. There have been four managers of the
motel, so it is hard to know who knew what when. However, he thinks it
would be appropriate to have this property rezoned for business use.
Chair VanMaldeghem asked for further comments from the audience, and there
were none.
Schmitt/Pomerenke moved to close the public hearing. Motion carried
unanimously.
Florian Mel, 131 North Main, asked about the rezoning for the area where
the rodeo is held. He was informed it is residential, but under considera-
tion to change to commercial.
Potion carried unanimously.
Shakopee Planning Conmi48fon'.
July 9, 1987
Page 3 / a
The letter referred to by Bob Schilz was read into the record as follows:
"To Whom it may concern: I have been contacted by Bob Schilz and an aware
of his proposed rezoning of the north side of Bluff Ave, to B-1 Commercial
for the purpose of getting a building permit. The rezoning is to be between
Prairie and Dakota Streets. Signed by Lydia Rohlfs, Ada Rohlfs, Joy Collin.
Lydia Rohlfs stated that Mr. Schilz has been in his business for many years
and they have had no trouble with his business, and she wants to know why
he can't expand, if that is his wish.
Discussion followed regarding whether the owner of Dorothy's Daily Discovery
day care understood that if the zoning is changed her grandfathered, non-
conforming use is not allowed, and if the use was discontinued for six
months it would not be allowed. And even if it was continued, it couldn't
be expanded.
Comm. Schmitt remembered that at the time this area was rezoned from com-
mercial to residental it was to preserve that area for future residential
development with river frontage and availability. The Scherer property,
the duplex and Dorothy's Daily Discovery are at risk for the rezoning.
Comm. Rockne commented that the portion that is business use now is fine,
but he would like to leave the rest residential, because of the unique
location by the river.
Chair VanMaldeghem commented there has been no residential growth in these
years that it has been zoned residential. Comm. Schmitt said once you
intensify the business use, you take away from the integrity of the residential
area, and there is pressure to continue the business use down the line. He
is comfortable with leaving the business uses present, but not with putting
in more.
Mr. Schilz asked if there is more housing development, how will his busi-
ness be handled? He said in 1979 he was issued a building permit for his
business, and 3 months later the zoning was changed. He still pays commer-
cial taxes, based on its use, not on the zoning. So he should be able to
use it commercially. He mentioned a new ruling by the Supreme Court on this
matter that he believes is pertinent. The City Planner replied that decision
is not relevant to the Planning Commission.
Foudray/Pomerenke moved to recommend to City Council rezoning of the pro-
perty north of Bluff Avenue, East of Dakota, including Outlot A, Red Carpet
Inn, from R-3 to B-1.
RollCall: Ayes; Foudray, Czaja, VanMaldeghem, Pomerenke
Noes; Schmitt, Rockne
Motion carried.
Schmitt/Czaja moved to direct staff to advise the property owner at Dorothy's
Daily Discovery about the ramifications of the proposed rezoning. Motion
carried unanimously.
Schmitt/Foudray moved for a five minute recess at 9:17 p.m. Motion carried
unanimously.
Chair VanMaldeghem called the meeting back to order at 9:30 p.m.
ORDINANCE NO. 234 ! L) C/
Fourth Series
An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee
City Code Chanter 11 entitled "Land Use Regulation (Zoning)" by
Removing Certain Parcels and Tracts of Land Herein Described from
I:id density Residental (R-3) and by Placing said Parcels and Tracts
in Highway Business Zone (B-1) and by Adopting by Reference Shakopee
City Code Chapter 1 and Section 11.99
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS:
SECTION I: Prerequisites fulfilled
A Petition was duly filed requesting certain rezoning which City Council enlarged
after careful deliberation and subsequently the required public hearing, after due
notice, was held and thereafter the Council determined that it would be to the best
interests of all parties concerned to rezone as hereinafter setout.
SECTION II: Rezoning
All that part of the City of Shakopee lying east of Dakota Street, north of
the center line of Bluff Street and West of Marschall Road is hereby removed from the
Mid density Zone (R-3) and placed in the Highway Business Zone (B-1) .
SECTION III: Zoning ?hap to be Corrected
The zoning map of the City of Shakopee shall be brought into conformit- with
this Ordinance as soon as may be.
SECTION IV: Adopted by Reference
The general provisions and'definitions applicable to the entire City Code
including the penalty provisions c` Chapter 1 and Section 11. 99 entitled "Fiolaticn
a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim herein.
SECTION t': Vnen in Force and E`_fect
After the adoption, signing and attestation of this Ordinance it shall be
published once in the official newspaper of the City of Shakopee and shall be in
full force and effect on and after the date following such publication.
Adopted in session of the City Council of the City of Shakopee,
11innesota, held this day of , 1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form this
30th day of Septembe
City Attorney
L
lcd
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Final Plat for Eagle Creek Junction 2nd Addition
DATE: September 25, 1987
INTRODUCTION•
At their meeting on September 17, 1987 the Planning
Commission passed a motion recommending approval of the final
plat for Eagle Creek Junction 2nd Addition subject to conditions.
BACKGROUND:
Gary Laurent submitted a preliminary and final plat for the
dividing of Outlot A of Eagle Creek Junction lst Addition into
four lots. At their meeting of July 9, 1987 the Shakopee
Planning Commission approved the preliminary plat, but did not
approve the final plat because of the following three concerns:
1. Drainage improvements along Eagle Creek Boulevard, 2. the
present and future status of Ramsey Street, and 3.- sidewalk
requirements along Marschall Road. At their July 21, 1987 meeting
the Shakopee City Council approved the preliminary plat for Eagle
Creek Junction 2nd Addition.
Following is a recap of the discussion on the three concerns
of the Planning Commission:
1. Drainage improvements along Eagle Creek Boulevard - the
developer has submitted a drainage plan for the subdivision
and this plan has been reviewed and approved by Ken Ashfeld
the City Engineer.
2. Following the Planning Commission meeting on July 9, 1987
City staff researched City records and determined that
Ramsey Street was vacated by the City Council in 1982.
3. The City staff had recommended to the Planning Commission
that a sidewalk be constructed along both sides of Marschall
Road in this area. The existing sidewalk on the east side
of Marschall Road ends in front of the apartment building to
the north of the Super 8 Motel. The staff has researched
records regarding the Super 8 Motel and Brooks Superette and
found that a condition was placed on approval of both these
developments requiring construction of sidewalk. No such
requirement was placed on the Car Wash adjacent to the
Brooks Superette.
At the City Council meeting on July 9, 1987 when the
preliminary plat was acted upon, discussion took place on how
much right of way should be dedicated along County Road 16. The
City Code requires 80 feet of right of way (40' from center) , the
City Engineer had requested 100 feet of right of way (50' from
center) . The City Council added the following condition to the
approval of the preliminary plat: "That right of way be
dedicated from 50' of the center line of County Road 16 and that
final plat approval be predicated upon an agreement by the County
to reimburse either property owner or the City for the cost of
the 10' of right of way." The County is not willing to enter
into an agreement to pay for the additional right of way. The
County Engineer has indicated they would just work within the 80
feet of right of way. The 80 foot right of way would be
sufficient for the road, but would not provide enough room for
the locating of utilities and a sidewalk within the right of way.
Because our Code requires only an 80 foot right of way for
collector streets this leaves two options: 1. Developer could
voluntarily dedicate the additional 10 feet of right of way. 2.
As a condition of approval of the plat we could require
additional easements along lot lines abutting County Road 16 to
allow for placement of utilities and sidewalk on the lots
adjacent to the right of way. The developer prefers option #2.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends approval of the final
plat for Eagle Creek Junction 2nd Addition subject to the
following conditions:
1. That the developer sign a recordable agreement waiving the
developer and his heirs and successor's right of assessment
appeal of future assessments resulting from storm sewer
serving this addition.
2. Lot 1 shall be allowed two accesses onto County Road 17,
Lots 2 & 3 shall each be allowed one access onto County road
16 and Lot 4 must access on to Round House Circle. County
entrance permits shall be required for all accesses onto
County Road 16 & 17.
3 . Drainage and utility easements must be shown around the
perimeter of each lot.
4. A sidewalk along Marschall Road will be required, and a
sidewalk along County Road 16 as required by the existing
agreement for Eagle Creek Junction 1st Addition. A 20'
drainage and utility easement, and a 10' sidewalk easement
shall be provided along all lot lines abutting County Road
16. Said easements shall be shown on the final plat.
5. Execution of a Developers Agreement for construction of
required improvements:
a. Street lighting to be installed in accordance with the
requirements of the SPUC Manager.
b. Water system to be installed in accordance with the
requirements of the SPUC Manager.
�U
C. Developer must supply a letter of credit, performance
bond or cash to complete drainage improvements based on
the final drainage plan.
d. Payment in lieu of park dedication shall be required.
e. The developer shall agree to the City's Engineer's
method of apportioning the installments remaining
unpaid against the plat and the developer waives his
right to appealing the apportionment.
6. Approval of a title opinion by the City Attorney.
ACTION REODESTED:
Move and approve Resolution # 2809 Approving the final plat
for Eagle Creek Junction 2nd Addition.
RESOLUTION NO. 2809
A RESOLUTION APPROVING THE FINAL PLAT OF
EAGLE CREEK JUNCTION 2ND ADDITION
WHEREAS, the Planning Commission of the City of Shakopee did
approve the final plat of Eagle Creek Junction 2nd Addition on
September 17, 1987; and
WHEREAS, all notices of hearing have been duly sent and
posted and all persons appearing at the hearing have been given
an opportunity to be heard thereon; 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 final plat of Eagle Creek Junction 2nd
Addition, described as follows:
Outlot A, Eagle Creek Junction lst Addition, described
as follow: Beginning at the southwest corner of said
Outlot A; thence on an assumed bearing of North 18
degrees 48 minutes 03 seconds West along a westerly
line of said Outlot A, a distance of 216. 93 feet to a
point of curve; thence Northerly, a distance of 377.22
feet along the westerly line of said Outlot A, being a
curved line concave to the east, having a radius of
1869.86 feet, to an angle point in the westerly line of
said Outlot A; thence continuing South 65 degrees 54
minutes 36 seconds East, a distance of 116. 92 feet to
an angle point in the westerly 'line of said Outlot A;
thence continuing South 65 degrees 54 minutes 36
seconds East, a distance of 181.70 feet; thence South
10 degrees 10 minutes 04 seconds East, a distance of
457.55 feet of the southerly line of said Outlot A;
thence on a bearing of West along the southerly line of
said Outlot A, a distance of 198.62 feet to the point
of beginning.
Be in the same hereby is approved and adopted with the
requirements that:
1. That the developer sign a recordable agreement waiving the
developer and his heirs and successor's right of assessment
appeal of future assessments resulting from storm sewer
serving this addition.
2. Lot 1 shall be allowed two accesses onto County Road 17,
Lots 2 & 3 shall each be allowed one access onto County road
16 and Lot 4 must access on to Round House Circle. County
entrance permits shall be required for all accesses onto
County Road 16 & 17.
lord",
3. Drainage and utility easements must be shown around the
perimeter of each lot.
4. A sidewalk along Marschall Road will be required, and a
sidewalk along County Road 16 as required by the existing
agreement for Eagle Creek Junction 1st Addition. A 20'
drainage and utility easement, and a 10' sidewalk easement
shall be provided along all lot lines abutting County Road
16. Said easements shall be shown on the final plat.
5. Execution of a Developers Agreement for construction of
required improvements:
a. Street lighting to be installed in accordance with the
requirements of the SPUC Manager.
b. Water system to be installed in accordance with the
requirements of the SPUC Manager.
C. Developer must supply a letter of credit, performance
bond or cash to complete drainage improvements based on
the final drainage plan.
d. Payment in lieu of park dedication shall be required.
e. The developer shall agree to the City's Engineer's
method of apportioning the installments remaining
unpaid against the plat and the developer waives his
right to appealing the apportionment.
6. Approval of a title opinion by the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and City Clerk be in
the same are hereby authorized and directed to execute said
approved plat and developers agreement.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this day o--
1987.
: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: Douglas K. Wise, City Planner
RE: Amendment of Resolution #2760 Approving Final Plat for
Heritage Place
DATE: September 25, 1987
INTRODUCTION:
On July 14, 1987 the City Council approved the Resolution
#2760 Approving the Final Plat for Heritage Place. The
resolution contained a condition #8 reading as follows: "The
developer shall provide temporary drainage easements for Lots 2-
7, Block 2 and Lots 21 & 29 of Block 4 for construction of the
temporary drainage containment facility." After review of the
final design for the drainage facility the City Engineer has
determined that Lots 21 & 29, of Block 4 will not be needed for
the drainage facility.
BACKGROUND.'
The Planning Commission and City Council in planoving the
submitted
final plat for Heritage Place approved the phasing p
by the developer which provides for development of the Eastern
half of the plat first. The Planning
construction ission and
a ttemporcouncil
required as part of the approval
drainage facility on ary
the Western portion oplat to collect
f the p
drainage from the plat until such time as the Upper Valley
Drainageway is completed to the subdivision. The original
preliminary plans by the developer showed for Lots 2-7, Block 2
and Lots 21 & 29 of Block 4 would be needed for the temporary
drainage facility. Upon review of the final plans for the
temporary drainage facility the city Engineer has determined that
Lots 21 & 29 of Block 4 will not be needed for the drainage
facility. It is the Engineer's recommendation that the
resolution remo the requirement ment for a temporary the final plat for Heritage
easementPlace
bamended
for these toetwo
lots (memo attached) .
ACTION REOUESTED:
To move and approve Resolution # 2808 amending Resolution
#2760 Final Plat Approval for Heritage Place as attached.
MEMO TO: Doug Wise, City Planner _
FROM: Ken Ashfeld, City Engineered--
SUBJECT: Heritage Place
Council Resolution NO. 2760
DATE: September 23, 1987
Condition No . 8 of Council Resolution No . 2760 required a
temporary drainage easement for containment purposes over certain
described property including lots 21 & 29 of block 4, Heritage
Place. This condition was the result of preliminary drainage
plan review . The City has recently completed final design for
streets, storm sewer, water systems and sanitary sewer will be
under construction shortly. As a result of final design, it has
been determined that the temporary drainage easement over lots 21
& 29, block 4 is not needed.
I recommend action be taken to amend Resolution No. 2760
accordingly.
KA/pmp
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RESOLUTION #2808
A RESOLUTION AMENDING CITY COUNCIL RESOLUTION 1,2760
APPROVING THE FINAL PLAT OF HERITAGE PLACE
WHEREAS, the City of Shakopee on July 14 , 1987 approved
Resolution $2760 Approving the Final Plat of Heritage Place which
contained condition #8 reading as follows:
"The developer shall provide temporary drainage easements for
Lots 2 - 7 , Block 2 and Lots 21 & 29 of Block 4 for construction
of the temporary drainage containment facility. " ; and
WHEREAS, the City has determined that Lots 21 & 29 of Block
4 are not needed for the temporary drainage containment facility.
NOW, THEREFORE BE IT RESOLVED by the City of Shakopee,
Minnesota that Resolution #2760 Condition #8 is hereby amended to
read as follows:
"The developer shall provided temporary drainage easements for
Lot 2 - 7, Block 2 for construction of the temporary drainage
containment facility. "
BE IT FURTHER RESOLVED that the Mayor and City Clerk be in
the same are hereby authorized and directed to execute set
resolution 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
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: Dial-A-Ride Contract Amendment #4
DATE: September 25, 1987
INTRODUCTION•
If the City Council decides to work with the Southwest Metro
Transit Commission (SWMTC) and expand our Dial-A-Ride program to
the City of Chaska, it will be necessary for the City of Shakopee
to amend our existing Dial-A-Ride contract to reflect the new
service.
BACKGROUND:
The Southwest Area Transit Commission has requested the City
of Shakopee to consider entering into an agreement with the SWMTC
which would provide for the expansion of our Dial-A-Ride program
to service the City of Chaska. The Dial-A-Ride service for the
City of Chaska would be run through our existing Dial-A-Ride
contract with Kare Kabs. The City of Chaska would be designated
their own Dial-A-Ride vehicle and telephone number which would be
dispatched from the Shakopee Dial-A-Ride office. The Chaska
Dial-A-Ride vehicle would also have it's own identification.
The Southwest Area Transit Commission is requesting this
action because they are currently under contract with the MTC who
has subcontracted the Chaska Dial-A-Ride Service to another
provider. It is the opinion of the Southwest Area Transit
Commission that their existing agreement is not equitable. They
are currently paying over $20.00 per hour for their Dial-A-Ride
service. By going through our existing Dial-A-Ride contract they
can be provided with Dial-A-Ride service at our contract rate of
$17.90 per hour per vehicle. By pursuing this course of action
the Southwest Area Transit Commission avoids going through the
bidding process for a new Dial-A-Ride provider. They also
believe that they would benefit from having a Dial-A-Ride
provider who has experience in providing Dial-A-Ride service.
The Chaska Dial-A-Ride would function under all the
conditions as established in our existing Dial-A-Ride contract.
By pursuing this arrangement with the Southwest Area Transit
Commission, the City of Shakopee can increase ridership options
for our residents. In other words, Shakopee residents will now
be able to get a ride to the City of Chaska on certain days of
the week and like wise, Chaska residents will be able to get to
Shakopee. This service expansion will be totally funded by the
Southwest Area Transit Commission. In addition to the contract
hourly price the Southwest Area Transit Commission will also be
responsible for paying a 58 administrative fee to the City of
Shakopee. The 5% administrative fee should more than enough to
off-set the costs of administering this new service. In fact,
the only time that I will get involved with the Chaska program is
when we have to submit our monthly reports to the Regional
Transit Board. The Southwest Area Transit Administrator will
continue to be responsible for marketing the Chaska program. Of
course, there may be times when I might offer advice and ideas
for improving the Chaska Dial-A-Ride service based on the past
successes of our Dial-A-Ride program.
Shown in attachment #1 is Dial-A-Ride contract amendment #4
which would allow for expansion of our Dial-A-Ride program to the
City of Chaska. Note that the Dial-A-Ride provider will keep a
separate accounting of the costs and revenues for the Chaska
Dial-A-Ride service as well as the number of passengers utilizing
the Chaska service.
On September 24, 1987 the Shakopee Energy and Transportation
Committee moved to recommend Council approval of Dial-A-Ride
Contract #1 contingent upon Councils approval of the SWMTC/City
of Shakopee Transit Agreement.
Pending the Council's approval of the Southwest Metro
Transit Commission/City of Shakopee Transit Agreement it would be
. appropriate for City Council to approve Shakopee Dial-A-Ride
Contract Amendment #4.
ALTERNATIVES•
1. Move to approve Shakopee Dial-A-Ride Contract #4 .
2. Do not approve Shakopee Dial-A-Ride Contract #4.
3 . Table action on this issue pending further information from
staff.
STAFF RECOMMENDATION:
Staff recommends alternative 41.
ACTION REOQESTED:
Move to approve Shakopee Dial-A-Ride Contract Amendment r4 .
Amendment Number Four
Shakopee Dial-A-Ride
Service Contract Agreement
The following sections are hereby amended and adopted
effective November 1, 1987.
1. Amend Section 3. Program Service Area to read: The
service area for origins and destinations shall be operated
within the City limits of the cities of Shakopee and Chaska
for the contract period, unless otherwise directed by the
City.
2. Amend Section 5a. Marketing to read: The Contractor
agrees to participate in all marketing plans as set forth by
the City and/or the S.W.M.T.C. These plans could include
but are not limited to:
1) Name of the Transit Service
2) Advertising Photographs
3) Some Type of Vehicle Classification
(a) Decal designs and lettering
(b) Magnetic promotional signs.
3. Amend Section 6. Revenues to read: All revenues derived
from the operation of the Shakopee transit system shall be
and remain from the initial receipt thereof the absolute
property of the City and all revenues derived from Chaska
system shall be and remain from the initial receipt thereof
the absolute property of SWMTC. The treatment of such
revenues by the Contractor including collection, banking and
accounting shall be the responsibility of the Contractor.
The Contractor shall keep and maintain the books and records
reflecting the operation of the Dial-A-Ride transit system
as required by the Regional Transit Board, City of Shakopee
and/or SWMTC. All revenues derived from the operation of
the Dial-a-Ride transit system, whether from passengers or
from other sources, shall be thoroughly and accurately
accounted for by vehicle showing the date, type and kind of
service from which said revenue is derived. All accounting
shall be in accordance with generally accepted accounting
principles.
4. Amend Section 7. Consideration to read: The Contractor
shall submit requests for reimbursement of eligible actual
costs not to exceed $493,266 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.
5. Adopt Section 10e. Billing and Reimbursement: The
Contractor shall maintain separate daily ridership records,
revenue reports, monthly ridership reports and billing
statements for both the Shakopee and the Southwest Area
Transit Dial-A-Ride programs. The two programs shall be
kept separate when determining maximum and minimum threshold
levels and hourly costs per Section 10a. of this agreement.
6. Amend Section 12d. Service Package to read: The Contractor
is required to provide all scheduling for radio and
telephone dispatching, including a local (Shakopee)
telephone number for the Shakopee program and a separate
local (Chaska) telephone number for the Southwest Area
Transit programs. All vehicles in service must have a two
way communication system.
7. Adopt Section 12m. Service Package: On or before November
1, 1987 and at the City's request, the contractor shall
provide a fourth vehicle to service the community of Chaska.
The charge for this vehicle shall be based on a twelve (12)
hour day for five (5) days per week at the contract rate of
$17.90 per hour. This vehicle shall be identified as a
Southwest Area Transit Vehicle and will be dedicated to
service the Chaska area unless as otherwise directed by the
City.
8. Amend Section 15a. Liability Insurance to read:
(1) The Contractor shall provide insurance under a primary
policy, coverage shall include bodily injury insurance
in the amount of at least $200,000 for each person and
at least $600,000 for any number of persons included in
bodily injury. Property damage insurance shall also be
provided by the Contractor in the amount of at least
$100,000. In addition to these coverages an umbrella
excess liability policy in which the City of Shakopee
and the Southwest Metropolitan Transit Commission are
to be included as an additional insureds shall be
provided by the contractor in the amount of at least
$1, 000,000. Such policies must provide for a 15 day
notice to the City and S.W.M.T.C. of any change,
cancellation or lapse of such policy.
(2) The Contractor shall further guarantee to save the
City, Southwest Metropolitan Transit Commission and the
Regional Transit Commission Board harmless and
indemnify the City, Southwest Metropolitan Transit
Commission and the Regional Transit Board for any and
all laws, claims, suits, judgments, and recoveries
which may be asserted, made or may arise or be had,
brought or recovered against the City, Southwest
Metropolitan Transit Commission and Regional Transit
Board by reason of any of the foregoing claims; and
that he shall immediately appear and defend the same at
their own cost or expense.
JL'
p
(3) Prior to the effective date of the contract the
Contractor shall provide a certificate of insurance
verifying the aforementioned coverage. The City and
S.W.M.T.C. reserve the right to request at any time a
copy of such policies of the contractor.
9. Amend Section 15b. Worker's Compensation to read:
(1) The Contractor will at all times keep fully insured at
his own expense all persons employed by him in
connection with performance of this contract as
required by the laws of the State of Minnesota relating
to Worker's Compensation Insurance and shall hold the
City, Southwest Metropolitan Transit Commission and the
Regional Transit Board harmless from liability from any
cause that may arise by reason of injuries to an
employee of the Contractor who may be injured while
performing work or labor necessary to carry out the
provisions of the contract. Such policy must provide
for fifteen (15) days notice to the City and S.W.M.T.C.
of any change, cancellation, or lapse of such policy
periods.
(2) Prior to the effective date of the contract the
Contractor shall provide a certificate of insurance
verifying the aforementioned coverage. The City and
S.W.M.T.C. reserve the right to request at any time a
copy of such policies of the Contractor.
10. Amend Section 15C (1) . Performance Bond to read:
Before the contract shall be valid and binding against the
City, the Contractor shall enter into a performance bond
with the City of Shakopee and the S.W.M.T.C. for the use of
said City and S.W.M.T.C. and also for the use of anyone who
may perform or cause to furnish any skill, labor, equipment,
or material in the execution of such contract which bond
shall be signed by the Contractor with a surety company and
shall be in the amount of $20,000 which bond shall at all
times be kept in full force and effect for the term of the
contract. Such policy must provide the thirty (30) days
notice to the City and S.W.M.T.C. of any change,
cancellation, or lapse of such policy.
11. Adopt Section 20. Indemnification:
The Contractor shall further guarantee to save the City,
the S.W.M.T.C. and the Regional Transit Board harmless and
indemnify the City, the S.W.M.T.C. and the Regional Transit
Board for any and all liabilities, damages, losses, claims,
demands, actions, judgments, settlements costs,
investigation costs, attorneys' fees, and all costs and
expenses of any nature whatsoever which arise out of the
death, injury, or any claimed injury of any person,
accident, property damage, or occurrence involving the City
and the S.W.M.T.C. 's Dial-A-Ride program whichmay be
asserted, made, brought, or recovered against the City, the
S.W.M.T.C. and the Regional Transit Board; and Contractor
shall immediately appear and defend the same at its own cost
or expense.
CITY OF SHAKOPEE
By:
Its Mayor
By:
Its City Administrator
By:
Its City Clerk
KARE KABS
By:
Its Director of Operations
Date:
AI
IdWW
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: S.W.M.T.C./City of Shakopee Transit Agreement
DATE: September 25, 1987
INTRODUCTION•
The Southwest Area Metro Transit Commission is interested in
entering into an agreement with the City of Shakopee for the
provision of Dial-A-Ride service within the City of Chaska. In
response to the Southwest Area Transit Commission's request. The
Energy and Transportation Committee has reviewed and is
recommending that the City of Shakopee enter into an agreement
with the SWMTC for the provision of Dial-A-Ride Service within
the City of Chaska.
BACKGROUND:
At previous meetings, the Energy and Transportation
Committee has discussed the possibility of expanding our Dial-A-
Ride program to the City of Chaska. Currently the City of Chaska
has a Dial-A-Ride program operated through the Southwest Metro
Transit Commission who currently is under contract with the
Metropolitan Transit Commission (MTC) . The Southwest Area
Transit Commission has contacted the M.T.C. and will be able to
break their existing Dial-A-Ride contract which provides service
to the City of Chaska.
On September 17, 1987 the Southwest Area Transit Commission
met to consider contracting with the City of Shakopee for the
provision of Dial-A-Ride service in the City of Chaska via our
existing Dial-A-Ride contract. At that time, they formally
requested the Shakopee City Council to consider entering into an
agreement with the Southwest Area Transit Commission for the
provision of Dial-A-Ride service in Chaska. Our current Dial-A-
Ride provider (Kaye Kabs) is very enthused about expanding to the
City of Chaska. On September 24, 1987 the Shakopee Energy and
Transportation Committee recommended that the City Council enter
into an agreement with SWMTC for the provision of Dial-A-Ride
Service in Chaska.
Shown in attachment "el is a copy of the service contract
agreement between the Southwest Area Transit Commission and the
City of Shakopee for the provision of Dial-A-Ride service. The
contract agreement spells out the duties and responsibilities of
both the Southwest Transit Commission and the City of Shakopee.
Our existing Dial-A-Ride contract will also be included as an
attachment to the agreement with the Southwest Transit Commission
and the City of Shakopee. Basically, the Dial-A-Ride service in
Chaska will operate under the same terms and conditions as
established in our existing Dial-A-Ride contract. However,
several minor amendments to our existing Dial-A-Ride Contract
will be necessary should City Council choose to enter into the
proposed agreement. These amendments are discussed in a separate
memo to Council.
Our current Dial-A-Ride provider will be responsible for
keeping separate records of the Chaska Dial-A-Ride and the
Shakopee Dial-A-Ride. Our Dial-A-Ride provider will then bill
the City of Shakopee for both the Chaska and Shakopee Dial-A-
Rider programs. The City of Shakopee will then in turn bill the
Southwest Area Transit Commission for the costs associated with
the Chaska Dial-A-Ride program plus a 5% administrative fee.
The Energy and Transportation Committee is recommending that
the City Council consider entering into an agreement with the
Southwest Area Transit Commission for the provision of Dial-A-
Ride service in the City of Chaska for the following reasons:
1. The proposed service expansion and working agreement between
two opt-out communities will serve as an example for other
communities considering initiating alternative forms of
transit.
2. The proposed service expansion will provide another transit
alternative for Shakopee residents as well as offering
Chaska residents the opportunity to get to Shakopee.
3 . The proposed service expansion will provide the City with a
5% management fee that can be used to help off set the costs
associated with running our existing Dial-A-Ride program.
If City Council concurs with the Energy and Transportation
Committee's recommendation, it would be appropriate at this time
to recommend Council approval of the transit service contract
agreement as shown in attachment $1. The proposed agreement has
been approved as to form by our City Attorney.
Alternatives:
1. Move to authorize the appropriate City officials to enter
into an agreement with the Southwest Area Transit Commission
for the provision of Dial-A-Ride service in the City of
Chaska.
2. Do not enter into an agreement with the Southwest Area
Transit Commission for the provision of Dial-A-Ride service
in Chaska.
3. Table action on this issue pending further information from
staff.
STAFF RECOMMENDATION:
Staff recommends alternative $1.
p
ACTION REODESTED•
Move to authorize the appropriate City officials to enter
into an agreement with the Southwest Area Transit Commission for
the provision of Dial-A-Ride service within the City of Chaska.
SOUTHWEST METROPOLITAN TRANSIT COMMISSION
AGREEMENT WITH
THE CITY OF SHAKOPEE
FOR
DIAL-A-RIDE SERVICE
THIS CONTRACT, entered into this day of ,
1987, is made by and between the Southwest Metropolitan Transit
Commission (hereinafter referred to as "SWMTC") and the City of
Shakopee (hereinafter referred to as the "City") .
WHEREAS, SWMTC desires to utilize the services of the City and
the City's Dial-A-Ride provider, Kare Kabs (hereinafter referred
to as the "City's Contractor") , in the operation of the SWMTC
Dial-A-Ride program; and
WHEREAS, the City and the City's Contractor are willing to
provide such services in accordance with all of the terms,
provisions, and conditions contained herein;
WHEREAS, SWMTC agrees to reimburse the City for its services in
accordance with all of the terms, provisions, and conditions
contained herein; and
WHEREAS, SWMTC shall maintain management authority in the
operation of the SWMTC Dial-A-Ride program, and
NOW THEREFORE, In consideration of these premises and of the
following terms and conditions, the parties agree as follows;
1. General
a. The SWMTC Dial-A-Ride Program is a community-centered
transit service that is custom-designed for residents
of Chaska. The Dial-A-Ride Program provides door-to-
door transportation of passengers upon advance request
under the "shared ride" concept. All trips are
coordinated to carry as many passengers as possible and
as inexpensively as possible. The program is geared to
reducing traffic and parking problems, conserving
energy, and to improve air quality.
b. The service is funded 100 percent by the "Metropolitan
Transit Service Demonstration Program", Minnesota
Statute 1982, 174.265.
2. Service Package
The City will operate the SWMTC Dial-A-Ride service in
accordance with all the terms, conditions and provisions as
established in the City's agreement with Kare Kabs including
any amendments attached thereto or subsequently agreed to by
1
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the City and contractor (see Exhibit #1) . The Chaska
Service area for origins and destinations shall be defined
as the City limits of Chaska, unless other wise directed by
the SWMTC.
3. Program Operating Schedule
a. Operating times shall be established by the City and
may be changed by the SWMTC with a 15 day advanced
notice to provide the best possible service to the
public.
b. Passengers may place reservation calls from 6:00 a.m.
to 6:00 p.m. , five days per week, Monday through
Friday. Actual transportation service shall be
available Monday through Friday from 6: 30 a.m. to 5:30
p.m. The program will not operate on Federal holidays.
4. Marketing
SWMTC will be responsible for marketing the Chaska Dial-A-
Ride pursuant to the terms and conditions as addressed in
the Marketing Section of the agreement between the City and
Kare Kabs.
5. Personnel
All personnel furnished by the City or the City's Contractor
in connection with the performance of service shall be and
remain the employees of the City or the City's Contractor
and not the SWMTC. The City or City's Contractor shall pay
all wages, salaries, fringe benefits, social security taxes,
worker's compensation and unemployment compensation or other
contributions as required by law. The City and its
subcontractors shall be considered independent contractors
as the term is used under the laws of the State of
Minnesota. The City shall require the contractor to apply
the personnel requirements as addressed in the City of
Shakopees agreement with the contractor to the Chaska Dial-
A-Ride program.
6. Budgets, Routes, Schedules , Fares
The City shall assist in preparing the necessary budgets and
projections as required by the SWMTC and shall furnish
periodic reports and recommendations to the SWMTC relating
service extensions, route planning and service policies and
shall assist the SWMTC in its relations with other
government bodies or agencies as required by the SWMTC. The
SWMTC has authority to establish and determine routes and
schedules of service for public transportation and the
authority to fix and alter fares and any other charges to be
2
collected in connection with the operation of the
transportation system. The City, through its contractor,
shall make periodic recommendations as to the rates of fares
required and any deletions, additions or changes in the
service.
7 . Record Keeping and Data Collection
The City agrees to keep complete records as required by the
Regional Transit Board and/or the SWMTC. All records
pertaining to the transit service will be open to inspection
by the SWMTC and the Regional Transit Board, during regular
business hours during the term of this contract and for five
(5) years thereafter.
8. Revenues
All revenues derived from the operation of the SWMTC transit
system shall be and remain from the initial receipt thereof
the absolute property of the SWMTC. The treatment of such
revenues, including collection, banking, and accounting
shall be the responsibility of the City. The City shall
keep and maintain the books and records reflecting the
operation of the Dial-A-Ride transit system as required by
the Regional Transit Board and/or the SWMTC. The City shall
provide to the SWMTC each month a operations report showing
all operating costs relating to the Dial-A-Ride program.
All revenues derived from the operation of the Dial-A-Ride
transit system, whether from passengers or from other
sources, shall be thoroughly and accurately accounted for by
vehicle showing the date, type, and kind of service from
which said revenue is derived. All accounting shall be in
accordance with generally accepted accounting principles.
9 . Billing and Reimbursement
a. The City shall receive a basic rate of. $17.90 per
vehicle per service hour. A service hour means each
hour that a multipassenger vehicle is available for
picking up, carrying or discharging persons. Service
hours shall not exceed twelve (12) hours on any one day
of transit service. The basic hourly rate of $17.90
shall be reduced by $2.00 per hour during each month
during which ridership decreases to less than 2.38
passenger trips per hour. The basic hourly rate shall
be increased by $2 .00 per hour during each month during
which ridership increases to more than 4 .17 passenger
trips per hour.
3
/o
b. The City, through its contractor, shall maintain daily
ridership records that specify the following: name of
each passenger, pick-up point, destination point, and
the time of day of each trip. These reports may be
reviewed and verified on a random basis by the SWMTC.
C. A monthly ridership report complied by the City through
its contractor shall be submitted to the SWMTC by the
15th day of each month. The format for the report
shall be provided by the SWMTC.
d. Upon submittance of the monthly ridership report, the
City shall be reimbursed accordingly by the SWMTC
within 30 days of the receipt of said report.
e. As compensation for the administration of the SWMTC
Dial-A-Ride program, the SWMTC agrees to pay the City a
five percent (58) administrative fee. This fee shall
be based on the contractors base hourly bid price per
vehicle.
10. Limitation on Compensation
In no event shall SWMTC be obligated to compensate the City
in excess of an aggregate amount of the income derived from
passengers through the colleciton of fares or otherwise,
plus amounts actually received from the Regional Transit
Board ("RTB") for the Dial-A-Ride Service, less all other
costs related to SWMTC providing Dial-A-Ride services to the
public during the term of this Agreement. In addition SWMTC
shall not be obligated to pay compensation to the City in
the event that authority for providing financial assistance,
for payment of the transit service by the RTB, or funding
thereof, is terminated or curtailed.
11. Audit
The collection of revenues under Section 7 of this Agreement
and reimbursement of expenses under Section 8 of this
Agreement shall be subject to independent outside audit by
the SWMTC or its representatives. Pursuant to M.S. 16B.06,
Subd. 4, the records, books, documents and accounting
procedures and practices of the City and the City's
Contractor relating to this Contract shall be subject to
audit and examination by the SWMTC or its representatives or
by the Regional Transit Boards and the legislative auditor
or the state auditor at any time during working hours.
4
12. Insurance
a. Liability Insurance
(1) The City through it's Contractor shall provide
insurance under a primary policy. Coverage shall
include bodily injury insurance in the amount of
at least $200,000.00 for each person and at least
$600,000.00 for any number of persons included in
bodily injury. Property damage insurance shall
also be provided by the City through it's
Contractor in the amount of at least $100,000.00.
In addition to these coverages, an umbrella excess
liability policy, in which the SWMTC is to be
included as an additional insured, shall be
provided by the City through it's Contractor in
the amount of at least $1,000, 000.00. such
policies must provide for a 15-day notice to the
SWMTC of any change, cancellation, or lapse of
such policy.
(2) Prior to the effective date of the contract, the
City shall provide a certificate of insurance
verifying it's Contractors aforementioned
coverage. The SWMTC reserves the right to request
at any time a copy of such policies of the City's
Contractor.
b. Worker's Compensation
(1) The City through it's Contractor will at all times
keep fully insured at its own expense all persons
employed in connection with performance of this
contract as required by the laws of the State of
Minnesota relating to Worker's Compensation
Insurance and shall hold the City of Shakopee,
SWMTC and the Regional Transit Board harmless from
liability from any cause that may arise by reason
of injuries to an employee of the City or its
contractors or agents who may be injured while
performing work or labor necessary to carry out
the provisions of the contract. Such policy must
provide for fifteen (15) days notice to the SWMTC
of any change, cancellation, or lapse of such
policy periods.
(2) Prior to the effective date of the contract the
City through it's Contractor shall provide a
certificate of insurance verifying the
aforementioned coverage. The SWMTC reserves the
right to request at any time a copy of such
policies of the City's contractor.
5
13. Contract. Term and Termination
a. Term
The contract period will be 17 1/2 months in length
with a third year renewable at the option of the SWNTC.
It will begin November 1, 1987, and terminate on April
15, 1989. Actual operation will be for a 17 1/2 month
period. Total service hours during this contract shall
not exceed 4410 hours unless otherwise directed by the
SWMTC.
b. Termination
(1) Termination for Lack of Funding - The parties
hereto covenant and agree that their liabilities
and responsibilities, one to another, shall be
contingent upon the availability of State monies
for the funding of this contract and that this
contract may be terminated by SWMTC if such
funding ceases to be available.
(2) Termination for Breach of Contract - This contract
may be cancelled and terminated by either party at
any time within the contract period whenever it is
determined by such party that the other party has
materially breached or otherwise materially failed
to comply with its obligations hereunder.
(3) Termination Due to Modification of SWMTC Dial-A-
Ride Proaram - This contract may be cancelled and
terminated by SWMTC at any time within the
contract period if SWMTC determines, in it
discretion, that it wishes to cease operation of
its Dial-A-Ride program or wishes to contract the
Dial-A-Ride services with another provider.
(4) Notice of Termination - In the event of any
termination of the contract under this Section,
the party terminating the contract shall give
notice of such termination in writing to the other
party. Notice of termination shall be sent by
certified mail, return receipt requested, and
shall be effective thirty (30) days after the date
of the receipt, unless otherwise provided by law.
14 . Indemnification
The City shall obtain an indemnification agreement from Kare
Kabs saving the SWMTC and the Regional Transit Board
harmless and indemnify the SWMTC and the Regional Transit
Board for any and all liabilities, damages, losses, claims,
demands actions, judgments, settlement costs, investigation
costs, attorneys' fees, and all costs and expenses of any
6
nature whatsoever which arise out of the death, injury, or
any claimed injury of any person, accident, property damage,
or occurrence involving the SWNTC accident, property damage,
or occurrence involving the SWMTC Dial-A-Ride program which
may be asserted, made, brought, or recovered against the
SWMTC and Regional Transit Board; and the City through it's
contractor shall immediately appear and defend the same at
its own cost or expense.
15. Non-Discrimination
a. In hiring of common or skilled labor for the
performance of work under the contract, the Contractor,
any sub-contractor, material supplier, or vendor shall
not, by reason of race, creed, age, or color
discriminate against any person or persons who are
citizens of the United States who are qualified and are
available to perform the work to which such employment
relates.
b. The Contractor, any sub-contractor, materials supplier
or vendor shall not, in any manner, discriminate
against, or intimidate, or prevent the employment of
any such persons or persons, or on being hired, prevent
or conspire to prevent any such person or persons from
the performance of work under any contract on account
of race, color, age, or creed.
C. Any violation of this section shall be sufficient cause
for this contract to be cancelled or terminated by the
City and all money due, or to become due, may be
forfeited.
16. Forms
The following form shall be attached and considered a part
of the contract.
a. O.A.S. Compliance Form.
SOUTHWEST METRO TRANSIT COMMISSION
By
Its Chairperson
By
Its Administrator
ATTEST:
By
7
CITY OF SHAKOPEE
By
Its Mayor
By
Its City Administrator
By
Its City Clerk
ATTEST:
By
8
O.S.H.A. COMPLIANCE
EMPLOYEE HEALTH, SAFETY, AND WELFARE
The City through its subcontractor, Kare Kabs, shall provide and
maintain all sanitary and safety accommodations for the use and
protection of its employees as may be necessary to provide for
heir health and welfare and comply with State, Federal, and local
codes and regulations, as well as those of other bodies and
tribunals having jurisdiction. Employee safety and sanitation
facility regulations are set forth in M.S. 182 and in the
Department of Labor and Industry's Labor Safety Code (llsc. 73-
75) .
IN THE PRESENCE OF: City of Shakopee
By
Its Mayor
By
Its City Administrator
CITY OF SHAKOPEE
By
Its City Clerk
9
�ch
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: Enabling Resolution Amendment
DATE: September 28, 1987
INTRODUCTION•
It has been brought to my attention that the members of
Shakopee City Commissions and Committees must be residents of the
City of Shakopee. Because our Van Pool Program services more
than the City limits of Shakopee, the Energy and Transportation
Committee is requesting to amend the Energy and Transportation
Committee Enabling Resolution to allow one voting member of the
Commission to be a non Shakopee resident.
BACKGROUND:
Current City Commission and Committee structure does not
allow non Shakopee residents to be voting members on the various
commissions and committees. Due to the fact that our Van Pool
Program services an area greater than the City of Shakopee, the
Energy and Transportation Committee is requesting the City
Council to amend their Enabling Resolution to allow at least one
non-Shakopee resident to sit on the Committee as a voting member
who represents the Van Pool riders.
The Committee is also suggesting that the Enabling
Resolution be amended to include the representation of the
following groups on the Energy and Transportation Committee:
1. Low and Moderate Income
2. Senior Citizens
3 . Small Business
In most State energy grant programs, these groups as well as the
groups that are currently being represented by our Committee must
be designated as members of the Committee.
Shown in attachment #1 is Resolution #2807 amending the
Energy and Transportation Committee's Enabling Resolution adding
the representation of low and moderate income, senior citizens,
small business and a van pool rider who may not be a resident of
the City of Shakopee. Shown in attachment 42 is the original
Enabling Resolution of the Energy and Transportation Committee.
Staff is recommending that the City Council approve
Resolution #2807 as recommended by the Energy and Transportation
Committee.
ALTERNATIVES•
1. Move to offer and adopt Resolution #2807.
2. Do not approve Resolution #2807.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REODESTED:
Offer to approve Resolution #2807, A Resolution Amending
Resolution #1982, A Resolution Establishing the Energy and
Transportation Committee, by broadening the Committees
representation and move its adoption.
l6 p
Attachment #1
RESOLUTION #2807
A Resolution Amending Resolution No. 1982, A Resolution
Establishing the Energy and Transportation Committee
by Broadening the Committee's Representation
WHEREAS, the Energy and Transportation Committee was
established by the City Council of the City of Shakopee on March
2, 1982; and
WHEREAS, the Energy and Transportation Committee has been
actively involved in recommending policies that promote improved
energy efficiency, energy conservation and transportation
systems; and
WHEREAS, the Energy and Transportation Committee has found
the need to broaden the Energy and Transportation Committee's
representation in order to be eligible for State Energy Council
grants; and
WHEREAS, the Shakopee Van Pool program provides service to
Shakopee residents and commuters who do not live within the
Shakopee city limits; and
WHEREAS, it is desirous to have a representative from the
Van Pool program serving on the Energy and Transportation
Committee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shakopee, Minnesota that:
1. Resolution #1982, be amended to include representatives
of the following interests in the City:
a. Low and Moderate Income
b. Senior Citizens
C. Small Business
2. Resolution #1982 be amended to allow for the
appointment of one member to serve on the Energy and
Transportation Committee who is a rider on the Shakopee
Van Pool program and who may not be a resident of the
City of Shakopee.
Adopted in regular 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
Atzacnment pG RESOLUTION NO. 1952
A RESOLUTION ESTABLISHING THE / D
ENERGY AND TRANSPORTATION COMMITTEE 6 'If•"/
WHEREAS, the City Council of the City of Shakopee is the official
governing body of the City of Shakopee and seeks to develop policies
for the public good; and
WHEREAS, the City Council is concerned about the current national
energy situation and recognizes the need for public and private energy
conservation; and
WHEREAS, the City Council would take to become more actively
involved in establishing policies that promote improved energy effi-
ciency, energy conservation and transportation systems; and
WHEREAS, an Energy and Transportation Committee can provide use-
ful advice to the City Council in establishing such policies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that:
1. An Energy and Transportation Committee is hereby estab-
lished, composed of seven to ten members, to be appointed
by the City Council and to include representatives of the
following interests in the City:
a) Industry
b) Labor and Construction
C) School and Recreation
d) Agriculture
e) Community Organization(s)
f) Mayor or Councilmember
2. Terms of the Committee shall be three years in duration,
to be calculated from February, 1963. Terms c`_ the in`-tial
appointments shall be evenly divided between 1, 2 and 3
years as to provide orderly transition for new appointees
in the future.
3. The Committee shall continue to exist as long as the
Council desires special input on the areasof energy and
transro-ation. Upon resignation of a member, a new
member shall be selected and appointed by the City Council,
maintaining to the extent possible the above listed inter-
ests in the membership of the Committee.
4. Members of the Committee shall serve without compensation
and shall not personally bene''-it from any projects e'_
the Committee. They shall, a: the first meeting in
February or upon the seating of new appointees select a
Chairman, Vice Chairman, and a Secretary from their own
number with duties in addition to Committee membership
implied by these titles. The Committee will also adopt
at this time a program of action for the upcoming year
to be submitted to the City Council for approval. A
majority shall constitute a oucrum for the transaction
of business. Where not otherwise stated, business of
the Committee shall be governed by Roberts Rules of Order,
Revised.
5. The Committee shall have the following charges:
a) Explore specific and general energy and transportation
needs in the community.
b) Explore ways to save energy and/or improve efficiency
in providing fcr the energy and tr_n,.-c_.a_xon peens
of the community.
r
n
Resolution No. 1982 Page Two
c) Monitor programs providing ir.,proved transportation
systems and more efficient energy utilization at the
local, regional, state and federal level and evalu-
ate the potential application of such programs to
the local community needs.
d) Recommend to the City Council programs, procedures
or promotional activities that can be undertaken by
the City to decrease energy usage or improve trans-
portation systems in the community.
e) Promote public awareness of the need for energy
conservation and educate the public regarding poten-
tial means of conserving energy.
Adopted in session of the City Council mf he
City of Shakopee, M{nnesota, ne d this nom, day of ,
1982.
ayor of mhe Licy OL Snakopee
ATT`'ST:
Ltty ierKrk
U
Approved as to form this .Z
day of 99/n
I
ity Attorney
lot
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: Role of Downtown Committee in Encouraging Development
DATE: September 28, 1987
INTRODUCTION•
Now that the Downtown Redevelopment Project is underway, the
Downtown Committee has been discussing what their role is in
encouraging development in the downtown area. They are
requesting several actions on the part of City Council which will
support their efforts in encouraging continued growth in the
downtown area.
BACKGROUND:
On August 26, 1987 the Downtown Committee met to consider
what their role is in encouraging development in the downtown
area. Now that the Downtown Redevelopment Project is underway,
the Committee is concerned about potential development requests
that may not be consistent with the goals of the Downtown
Committee and City Council as set forth in the Downtown
Revitalization Plan.
Consensus of the Committee is that with the downtown
redevelopment efforts now underway, the City of Shakopee has the
opportunity to create the downtown environment that was
originally envisioned in the 1984 Downtown Revitalization Plan.
In light of the number of development activities that have
taken place in Shakopee since the adoption of the Downtown
Revitalization Plan, the Downtown Committee is requesting City
Council to consider an appropriation of funds to update the plan.
The focus of the update would center around a new market analysis
for the downtown area. The approximate cost for this type of
study is around $10,000.
The Downtown Committee would also like to request the City
Council to confirm their committment to the Downtown
Revitalization Plan and Land Use Plan provided therein until an
updated Downtown Revitalization Plan can be adopted. Finally the
Downtown Committee would like to request that the City Council
refer all development requests that occur within the downtown
area and that are seeking public financing or are deviating from
the Downtown Revitalization Plan to the Downtown Ad Hoc Committee
for review and comment.
On August 26, 1987 the Downtown Committee moved the
following:
1. That the City Council consider approving the appropriation
of funds to update the Downtown Revitalization Plan.
2. That the City Council confirm their committment to the
Downtown Revitalization Plan and Land Use Plan provided-
therein until an updated Downtown Revitalization Plan could
be adopted.
3. That the City Council refer all development requests that
occur within the downtown area and that are seeking public
financing or deviation from the Downtown Revitalization Plan
to the Downtown Ad Hoc Committee for review and
comment.
If the City Council concurs with the recommendations of the
Downtown Committee, it would be appropriate to consider the
adoption of Resolution 42810 that outlines the concerns of the
Downtown Committee. (See attachment 41)
ALTERNATIVES•
1. Move to adopt Resolution # 2810.
2. Do not adopt Resolution # 2810.
3 . Table action on this issue pending further information from
staff.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REQUESTED:
Move to offer and adopt Resolution # 2810 A Resolution
Taking the Appropriate Measures to Ensure That New Development in
the Downtown Area Will Enhance the Economic Vitality of Downtown
Shakopee.
lQ
Attachment $1
RESOLUTION k2810
A RESOLUTION TAKING THE APPROPRIATE MEASURES
TO ENSURE THAT NEW DEVELOPMENT IN THE DOWNTOWN
AREA WILL ENHANCE THE ECONOMIC VITALITY OF
DOWNTOWN SHAKOPEE
WHEREAS, the original Downtown Ad Hoc Committee was
established in 1981 and a subsequent Downtown Revitalization Plan
was adopted by the Downtown Committee and the City Council in
June of 1984, and
WHEREAS, since the initiation and adoption of the Downtown
Revitalization Plan the following activities have taken place in
the City of Shakopee:
1. The number of hotel rooms in Shakopee has increased
from 29 to 350 rooms.
2. Tourist traffic has doubled.
3. Downtown street and streetscape improvements are now
under construction.
4. The downtown bridge alignment has been established.
5. Funding for the mini by-pass appears to be secured.
6. The Planning Commission and City Council have approved '
600+ single family lots.
7. Two historic buildings have been removed in the
downtown area.
S. City Hall siting may soon become a reality.
9. The Stans Foundation is currently in the process of
completing the renovation and development of the Stans
house and park.
10. The Second Avenue parking lot has been completed.
NOW, THEREFORE BE IT RESOLVED, that the Shakopee City
Council:
1. Approve the appropriation of funds to update the
Downtown Revitalization Plan in an amount not to exceed
$10,000.
2. Confirm the City's commitment to the Downtown
Revitalization Plan and Land Use Plan provided therein
until adoption of an updated Downtown
Plan. Revitalization
3. All development requests that occur within the downtown
area and that are seeking public money or deviation
from the Downtown Revitalization Plan to be referred to
the Downtown Ad Hoc Committee for review and comment.
Adopted in regular session of the City Council of the City
of Shakopee, MN held this 6th day of October, 1987.
Mayor, City of Shakopee
ATTEST:
City Clerk
l�
MEMO TO: John K. Anderson, City Administrator
FROM: Barry Stock, Administrative Assistant
RE: Changing the Name of the Shakopee Industrial Commercial
Commission
DATE: September 28, 1987
INTRODUCTION•
The Shakopee Industrial Commercial Commission has requested
that the City Council consider changing the name of this
Commission to the Shakopee Community Development Commission.
Because the Shakopee Industrial Commercial Commission was
established by Ordinance, the change in name must also be done by
ordinance.
BACKGROUND:
On September 2, 1987 the Shakopee Industrial Commercial
Commission (ICC) met and discussed the goals of their Committee.
At this time it was suggested that the Commission request City
Council to consider changing the name of the Commission to the
Shakopee Community Development Commission. It was the consensus
of the Committee that their existing name is not easily
identifiable.
The Commission is proposing that their name be changed to
the Shakopee Community Development Commission because it seems to
encompass in greater detail the goals and mission of the
Commission. The Commission also felt that the new name was
appropriate because the City of Shakopee has a Community
Development Department and the commission is being staffed by
that Department, thus an identifiable relationship can be made
between the City and the Commission.
If Council concurs with the Commissions recommendation
regarding a name change, staff is recommending that City Council
direct the City Attorney to draft the appropriate amending
ordinance changing the name of the Shakopee Industrial Commercial
Commission to the Shakopee Community Development Commission.
ALTERNATIVES•
1. Move to direct the City Attorney to draft the appropriate
Amending Ordinance Changing the Name of the Shakopee
Industrial Commercial Commission to the Shakopee Community
Development Commission.
2. Do not change the name of the Shakopee Industrial Commercial
Commission.
3. Suggest some other name for the Shakopee Industrial
Commercial commission.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REODESTED•
Move to direct the City Attorney to draft the appropriate
Amending Ordinance Changing the Name of the Shakopee Industrial
Commercial Commission to the Shakopee Community Development
Commission.
lla.
MEMO TO: John K. Anderson, City Administrator
FROM: Jeanette Shaner, Administrative Secretary
RE: Resignation from Planning Commission
DATE: October 2, 1987
Introduction
We have received the attached letter of resignation from Dave
Pomerenke. Dave has served on the Planning Commission since
April, 1985 and his present term expires January 31, 1990.
Background
On July 7, 1987 Council nominated Todd Schwartz to fill an
unexpired term until January 31, 1991. At that time four
nominations had been made to fill the vacancy. They were Lee
Stoltzman, Todd Schwartz, Jim Link and Terry Forbord. Previously
when we advertised for an opening on the Planning Commission we
received a letter from Mark Houser expressing his interest in
serving on the Planning Commission.
I will try to contact Mr. Link, Mr. Stoltzman, Mr. Forbord and
Mr. Houser to see if they are interested in being nominated to
the Planning Commission at this time. I will have a memo on the
table Tuesday night advising you of their response.
Alternatives
1. Nominate those individuals interested in serving on the
Planning Commission at this time.
2. Advertise for the opening on the Planning Commission.
Action Requested
1. Accept the letter of resignation from Dave Pomerenke and
direct staff to prepare a resolution of appreciation.
2. Nominate those individuals interested in serving on the
Planning Commission OR advertise for the opening on the
Planning Commission.
jms
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CITY OF SHA�ppte
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MEMO TO: John K. Anderson, City Administrator
FROM: Jeanette Shaner, Administrative Secretary
RE: Resignation from Planning Commission
DATE: October 6, 1987
I have tried to contact the four individuals who have previously
expressed an interest in serving on the Planning Commission to
see if they would be interested in being nominated to the
Planning Commission at this time. The results are as follows:
Mark Houser - unable to reach him
Jim Link - yes
Lee Stoltzman - not interested at this time
Terry Forbord - not interested at this time
Az)
MEMO TO: City Council
FROM: LeRoy Houser, Building Official
RE: Police Station - Roof Top Heating
and A/C Replacement
DATE: September 29, 1987
INTRODUCTION AND BACKGROUND:
We received one bid for the replacement of the multizone roof top
heating and air conditioning unit at the police station. The
advertisement for this replacement unit was published in the
Shakopee Valley News 9/9/87 and 9/23/87.
The bid received was from Associated Mechanical in the amount of
$46, 160. 00.
ALTERNATIVES•
1. Award the bid to Associated Mechanical.
2. Do not award the bid to Associated Mechanical.
RECOMMENDATION:
Award the bid to Associated Mechanical for $46, 160. 00. Funding
will be taken from contingency and placed in the police
department budget as previously discussed.
ACTION REQUESTED:
Award the bid to Associated Mechanical for the replacement of the
multizone roof top heating and air conditioning unit at the
police station in the amount not to exceed $46, 160.00.
LH:cah
SSOCIATED
mechanical contractors, inc.
1257 Marschall Road,Suite 104 •Shakopee, MN 55379• Phone:6121445-5100
PROPOSAL
TO City of Shakopee Date September 24, 1987
129 East First Avenue Building Police Station
Shakopee, MN 55379 Location Shakopee, MN
The undersigned hereby proposes to furnish for the above building all materials, labor and equipment
and perform all work for the replacement of multizone roof too hEtating and
air conditioning unit.
in accordance with the plans, specifications, and addenda prepared by:
for the sum of forty—six thousand, one hundred sixty $ 46,160.00
INCLUSIONS: and 00/100 dollars.
See Attached
EXCEPTIONS: -------------
Alternate ------------- ADD __________
DEDUCT E
THIS PROPOSAL VOID IF NOT ACCEPTED WITHIN THIRTY DAYS FROM ABOVE DATE.
ALL MATERIAL PURCHASED AND ALL LABOR PERFORMED DURING ANY ONE CALENDAR MONTH IS DUE AND
PAYABLE ON THE 10TH OF THE SUCCEEDING MONTH. THE PARTIES TO THIS CONTRACT AGREE THAT IF SAID
CONTRACT IS NOT COMPLETED BY ANY COST INCREASE OF MATERIALS AND LABOR, SUBS&
OUENT TO ABOVE MENTIONED DATE, SHALL BE ADDED TO THE ORIGINAL CONTRACT PRICE.By
Accepted By
- 24 HOUR EMERGENCY SERVICE -
SPECIFICATIONS rr�
RE: SHAKOPEE POLICE STATION
Replacement of multizone
Roof top Heating and A/C unit
With: One (1) Carrier A48MA-024
Eight (8) zone, 20-ton air conditioner
combination heating and cooling unit
With: Power vent
Economizer
Extended compressor warranty
New stats for each zone
Fire stats
To include: Labor necessary to remove and install
Roofing necessary to remove and install
Any structural cutting of roof
Gas piping .
Electric wiring
Disposal of old unit
Crane lifting
Complete installation with necessary
revision to all existing to accommodate
new unit
To: Sohn K. Anderson, City Administrator
From: Gregg Voxland, Finance Director
RE: Contingency Balance (Informational)
Date: September 29, 1987
The estimated balance of the contingency appropriation is;
Original budget $140,000
Comparable Worth est. (34,200)
Clean up program (11,773)
Budget Amendment Resol. 2688 (2,450)
Budget Amendment Resol. 2707 (11000)
Comm. Recreation Transfer (1,216)
Virgil VanHeel (1,833)
Signals 4th & CR 17 (2,559)
Move foodshelf (152)
Star City signs (817)
Police HVAC (50,000)
Balance $34,000
MMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE: Waiver of a Variance Permit Fee for Certainteed Corp.
DATE: October 2, 1987
INTRODUCTION•
The Certainteed Corporation applied for and received a
permit to construct an extension onto their building in eastern
Shakopee. The front wall of the building has a steel wall. This
is in violation of the Shakopee Zoning Ordinance which requires
masonry painted concrete block, wood or a number of other
materials but not steel. It is requested that this item be
submitted to the Shakopee Planning commission for consideration
of the issuance of a variance and that the fee be waived because
the City issued the building permit in error.
BACKGROUND:
In April, 1987 the Certainteed Corporations contractor
applied for and received a building permit for the purpose of
constructing a dry felt storage warehouse. This building has a
width of 75' and a building length of 200' . Subsequent to the
approval of the permit by the City the addition to the building
was constructed. About the time of the completion of the
structure it was determined that the front wall was metal. City
Ordinance requires that any wall facing the street shall not be
constructed of metal. Chapter 11.60 Subd. 5 (Except old building
materials) of the Shakopee City Code does provide for a variance
to be issued by the Board of Adjustment for sheet aluminum or
steel exterior building materials if a determination is made that
the quality and appearance of the proposed materials is
consistent with the standard which has been set within the
district and if the use of these materials will not result in a
detrimental affect on the adjacent property values. That the
plans were incorrectly interpreted by the City it appears
reasonable to send this matter to the Board of Adjustment and
Appeals in order to seek a variance for this building.
Previously the City has also issued a variance for a
building on Highway 17 and 4th Avenue and also a variance for the
senior citizens highrise structure. So the requested action is
not without precedent.
ALTERNATIVES•
1. Authorize a fee waiver for the variance application.
2. Do not authorize a fee waiver for the variance application
and do nothing further on the project.
3. Have the City agree to pay for necessary physical changes in
the front of the building addition so as to conform to the
provisions of the Shakopee Zoning Ordinance.
STAFF RECOMMENDATION:
Alternative $1 above is recommended.
ACTION REQUESTED•
Move to waive the fee for the submission of a variance
application by the Certainteed Corporation for a variance on
acceptable building materials as provided for in Section 11.60
Subd. 5 C.
HMO TO: John K. Anderson, City Administrator
RE: Huber Park Barry A. tTrail/LAWCON/rAssistant
LCMR Grant
RE:
DATE: September 28, 1987
INTRODUCTION•
Several years ago the City of Shakopee received a
LAWCON/LCMR grant for the construction of an overlook on the
Minnesota River adjacent to the State Trail and near the
termination of Lewis Street. The selection of the final
alignment of the proposed mini by-pass has delayed our efforts in
completing the Huber Park Trail Project.
BACKGROUND'
The original grant application approved for funding totaled
$114,900. The cost was split between the following
(LrCMR)1$43O,705, Locale Share $43,705 ral Share �(Park Reserve OFund) . Share
Last year the City applied for and received a one year
extension to our grant application which expires on December 31,
1987 . At this time it is apparent that the proposed location for
the principle feature of the project (observation platform) will
not be feasible because of the location of the proposed new
bridge crossing. Therefore, staff has submitted a request for an
extension to continue the grant until December 31, 1988- I have
also identified an alternative site for the observation platform.
(Near the Sr. Hi-Rise, exact location to be determined at a later
date) .
On September 24, 1987 I received notification from the
Department of Trade and Economic Development that they have
agreed to extend the project until December 31, 1988. I would
therefore like to recommend that City Council authorize the
appropriate City officials to execute the amendment to City's
Land and Water Conservation Project Agreement (see attachment #1)
for the extension of the Huber Park Trail Project until December
31, 1988.
I would also like to request the City Council to consider
entering into an agreement with Westwood Planning and Engineering
for provision of landscaping and architectural design services
associated with this project. The estimated 00 costsStafftis
consulting services is approximately $101
recommending that the City work with Westwood Planning and
Engineering on this project because they are familiar with the
streetscape design being utilized in the downtown redevelopment
project and have been commissioned by the City in the past to
complete the landscaping design services associated with this
project. Funding for this portion of the grant work program will
be allocated from the State share of the total grant funding
sources.
ALTERNATIVES:
LAWCON/LCMR Project Amendment
1. Authorize the appropriate City officials to execute
amendment to the LAWCON/LCMR Project Agreement to extend the
project until December 31, 1988.
2. Do not extend the LAWCON/LCMR Agreement.
Architectural Services Agreement
1. Authorize the appropriate City officials to enter into an
agreement with Westwood Planning and Engineering for
landscaping and architectural design services associated
with the Huber Park Trail Improvement Project at a cost not
to exceed $10,000. Funding to be allocated from the State
share of the total grant funding sources.
2. Do not enter into an agreement with Westwood Planning and
Engineering for architectural services associated with Huber
Park Trail Improvements.
STAFF RECOMMENDATION:
LAWCON/LCMR Project Agreement
Staff recommends alternative 41.
Architectural Services Agreement
Staff recommends alternative #l.
ACTION REQUESTED:
LAWCON/LCMR Proiect Grant Agreement
Move to authorize the appropriate City official to execute
the amendment to the LAWCON/LCMR Grant Agreement.
Architectural Services Agreement
Move to authorize the appropriate City officials to enter
into an agreement with Westwood Planning and Engineering for
landscaping and architectural design services associated with the
Huber Park Trail Project at a cost not to exceed $10, 000.
Funding to be allocated from the State share of the total grant
funding sources.
ATE 'DF m i N W jl�-: ST A
Attachment #1 DEPA»MMU OF tz�y AM ESSbl1�c DEVIICRIEU
DIVISION � MR.M 1Y DEVELDROUr
Alw±rent tO
I ^ land arc] Water co aervatim Fund (1W)
r
u State Natural Resources Rrd (eat)
State Qnhdmr RecreatiM Grant Fund (Qi)
city of Shakoaee Scott
uxa ct w.reavmn
NQ7-01232.2 W: park Trail
er e= tPro]ect e
'B,is ArtercNent m project Agceanent Number 127-01222 is hereby made and agreed upon by the State of
N esota th eugh the ror,rnt of Trade and BoomviC t pursuant to:
M land and Water Wseuvatim Fled Act of 1965, 78 Stat. 897. (I➢1)
Mim. Daws 1965, Ch. 810 and subsequent applicable laws, and tales and guidelines of the Department of Trade
and EY�C Develcpmnt. (NR)
Minn. Iaws 1977, Ch. 421, Sec. 2, Slnbd. 2, 3, and 4 subsequent applicable laws, rules, and guidelires of the
nq,,buent of Trade and Fmnanic Dauelgnent. (OR)
In vublad oe sideratim of the p:ro ses made herein and in the Agreeemnt identified above, the parties hereto do
agree to amend said Agreanent as folios:
(If rot I*r-F grant crous tat the following,)
ME GRA= SRM C06ny WM 43 CER, PAFQ' 12, SDBPAZr B, AMIT RiZ1lno4ENUS FOR 'TATS AND DAP.L G7JfI82='
Tb a rad the project period twcugb 12/31/88. No dk ge in project est or fund amamt.
In all other respects, such an Agrement shall zemain m full force and effect and is hereby reaffirmad.
APASNID: IASL !HIT OF G?JFIII'II^.FIS3'
Crrmissimer of AYmnnistratim Feb
ty ar ty
BY By
Date ldyOr Ot '=�eYSm
Title
F_"TUFWMr GRZEFML date
SATs' OF PIDu7F9LA BY
. c.r Or- „,+^,for .' Te
BY Title
Title date
APPRWM AS TO FOW PND =M1 N TFIIS DAY
SEAL AFFLM
CF 19
APPMED:
Oanrassimer of Finance g= CLP MDNMM by and thrcu9h the DeparCrent of
BY '1 v am �c Dr+el.oaiexnt.
Date BY
F1nMbered Title D e utv CIcner
IP3J.XIi 1/44-2 Date
r
MEMO TO: John K. Anderson, City Administrator
FROM: Ray Ruuska, Engineering Coordinator
SUBJECT: Marschall Road Sidewalk Repair
DATE: October 1 , 1987
INTRODUCTION:
Attached is a bill from Minnesota State Curb-Gutter Corp. for
sidewalk repair in the above referenced location.
BACKGROUND:
The City Attorney recommended repair by the City of failed
sidewalk in front of Tom Thumb on Marschall Road. City forces
removed failed sidewalk sections and replacement was done by
Minnesota State Curb-Gutter Corp.
ACTION REQUESTED:
A motion by City Council authorizing payment of $414. 00 to
Minnesota State Curb-Gutter Corp. , 6801 W. 150th Street , Apple
Valley, MN 55124.
RR/pmp
SIDEWALK
SOPhone: (612) 432-5213
Tq
9m Irrvoice #6709
n /ate MINNESOTA STATE CURB-GUTTER CORP.
O`t 6801 West 150th Street • Apple Valley, Minnesota 55124
Date Sentember 25 19 87
V G� To City of Shakopee
Address 129 E. 1st Ave., Shakopee, MN 55379
Attn: Ray Ruuska Job Location Shakopee
MSCG Job No. 1273
Quantity Unit Description Unit
Amount
Price
207 SF Q" Sidewalk 2.00 4.14.00
s
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer '—'
SUBJECT: Traffic Control on 1st Avenue & Holmes
DATE: September 29, 1987
INTRODUCTION & BACKGROUND:
As a result of Council direction, staff took action to request
Mn/DOT to implement various traffic control suggestions on 1st
Avenue and Holmes Street. The requests involved the following:
1 . Construction of a turn lane for westbound T.N. 101 .
2. Restriction of the turning movement from westbound T.H.
101 to southbound Holmes Street.
3. Full-time dual left turn movement from southbound T.H.
169 to eastbound T.H. 101 . Advance warning signs were
proposed to accommodate a more efficient movement.
No action seemed to be taking place so I again contacted Mn/DOT
whereby I received the attached September 23, 1987 response .
The attached letter is self explanatory. I agree that it may be
practical to wait with implementing No. 2 above until operations
are evaluated after implementation of No. 1 . When acting upon
request No. 3 , it was with the understanding that a couple
parking spaces will be lost on the south side of 1st Avenue, east
of Holmes Street . I recommend following through with
implementing the dual left turn.
ACTION REQUESTED:
Move to direct staff to notify Mn/DOT that restriction of parking
for approximately 50 feet on the south side of 1st Avenue, east
of Holmes Street is acceptable.
KA/pmp
TRAFFIC
%ff
MINNESOTA
DEPARTMENT OF TRANSPORTATION
DISTRICT 5
2055 NO. LILAC DRIVE (612)593-8544
GOLDEN VALLEY, MINNESOTA, 55422
September 23, 1987
Mr. Ken Ashfeld
City Engineer
129 East First Avenue
Shakopee, Minnesota, 55379
Re: C.S. 7005(T. H. 101) at T.H. 169
Signal Revisions
Dear Ken,
Thank you for your letter of August 25 concerning
possible traffic control revisions at the intersection
of T.H. 101 with T. H. 169 (Holmes St. ) in Shakopee. I
believe we can accommodate you on all of your
suggestions.
First , and probably the best news, Mn/DOT let a
contract to construct the free right turn you requested
in the northeast quadrant of this intersection.
Construction should soon be underway and be completed
in a very short period of time. The free right should
improve traffic flow, especially for the large volume
of trucks using this roadway.
You also asked for restriction of the westbound to
southbound left turn at this intersection. This
restriction is possible but I think.: that the free richt
turn being constructed will make banning of this
movement unnecessary. I suggest that this move remain
and its prohibition be re-evaluated after the free
right has been in operation for some time.
Your final request , for a full-time dual left turn from
southbound T.H. 169 to eastbound T.H. 101 , is also
possible. However , to accommodate the two abreast
movement around this turn. I feel that the on-street
parkinq along the south side of T.H. 101 must be banned
from the corner of Holmes Street to roughly the speed
limit sign in front of the bakery. There seems to be
adequate parking in a municpal lot behind the affected
establishments; however, before we can implement the
parking ban I think it appropriate that the city decide
if it still desires to pursue this request. It is
possible to implement this dual left turn and parking
ban on a trial basis if so desired by the City. This
would allow you to determine if the actual benefits are
worth elimination of the parking on a permanent basis.
You also inquired about the status of the proposal to
add a lane to the river bridge. As yet , no action has
been take,. It is my understanding that there are
several reservations about the proposal .
Please iet me know as soon as possible which of your
last two requests you still want implemented so that we
can erect the necessary signing yet this year. If you
have any questions or comments, please call me.
nnSi®®neer®®ely.
0�r
eel
,a
District Traffic Enqineer
/ cc: Jim Povich
C. J. Hoffstedt
C. J. Hudrlik
L. 0. McKenzie
file
MEMO TO: City Council, John K. Anderson, City Admin.
Planning Commission, Dennis Kraft, Comm. Develop. Dir.
FROM: Ken Ashfeld, City EngineerAP4 —
SUBJECT: Environmental Risk Assessment
Louisville Landfill
DATE: September 22, 1987
INTRODUCTION:
The Louisville Landfill Environmental Risk Assessment study was a
topic discussed several times during the environmental assessment
and Planned Unit Development approval process of Stonebrooke Golf
course. That study has been completed and presented to the Scott
County Board of Commissioners . Dennis Kraft , Community
Development Director , and I reviewed the study report and
attended the County Board presentation.
BACKGROUND:
The study was commissioned by the Scott County Board to analyze
suspected contamination of water aquifers underlying the
Louisville Landfill and adjacent Townships and Municipalities.
The study is to evaluate the possibility of contaminants
migrating upstream of the groundwater profile gradient (south,
southeasterly and east of the landfill) due to water well pumping
within the area. Testimony at the public hearings for the PUD
indicated fear of contaminant migration due to water well pumping
at Stonebrooke.
The development of Stonebrooke is expected to use 30,000 to
70,000 gallons per day (gpd) of well water when fully developed,
the higher amount depending on degree of irrigation from the
groundwater . The risk study consisted of developing a high
volume well within the immediate vicinity of the landfill. The
well was pumped continuously to determine the effect on the
groundwater profile and direction of flow.
The test pumping results were used to project that at a pumping
rate of nearly one million gpd, the test well had a cone of
influence around the well of 1 .1 feet at 100 feet from the well
and no effect at 1200 feet. One would conclude that this small
amount of influence on the aquifer would not affect the direction
of groundwater flow. A well pumping only 30,000 to 70,000 gpd
located approximately 18,000 feet ( 3 .5 miles) would certainly
have no effect on the aquifer such as reverse flow contamination.
Environmental Risk Assessment
September 22, 1987
Page 2
Findings of the Report:
The report is a lengthy document so I have attached excerpts from
the report ( Pages 21 -23) which contain the findings and
recommendations . Findings No . 5 refer to another concern
regarding the migration of contaminants along an impermeable zone
of the subsurface geology even through subsurface water direction
flow is not altered. The possibility of this occurring is remote
and would only affect the immediate site with no influence by new
or existing development on property bordering the landfill .
The report recommends that, among other things, Scott County
should monitor by a permitting process, all wells within two
miles of the landfill and require additional tests when high
capacity wells are within the same distance There are no
properties within the City of Shakopee that are within this two
mile radius.
County Action:
The County Board received the study presentation, acknowledged
satisfaction that no problems exist, received the report and took
no further action. Since the Board presentation, County staff
has taken no action to formalize a monitoring process.
This staff report is intended to be informational with no
specific action requested of the Planning Commission or City
Council.
KA/pmp
ENVIRONMENT
Findings
1) The ground water flow direction in the bedrock Prairie
du Chien/Jordan aquifer appears to be in a westerly
direction over most of the investigation area.
2) Geologic well logs indicate that the bedrock valley
contains primarily coarse grained sand and gravel .
Preferential flow appears to be occurring in a more
northerly direction within the assumed higher
permeability sand and gravel of the bedrock valley
rather than in a primarily westerly direction in the
Prairie du Chien/Jordan bedrock aquifer .
3) An aquifer pumping test conducted on a six-inch test
well in the sand and gravel bedrock valley aquifer
identified a very high transmissivity in these deposits,
(Transmissivity = 375,500 gpd/ft.) . Sufficient data is
available to estimate drawdown for wells at varying !'
locations and pumping rates. I'
4) Pumping test data indicates that the installation of a
limited number of typical domestic wells (6-inch or
smaller) within or east of the bedrock valley aquifer
should not significantly alter the local water table
gradient under normal usage .
5) The possibility of contaminant migration down an
easterly dipping low permeability channel or surface
exists, however , the probability of off-site contaminant -
migration via this mechanism appears relatively low.
Contaminant migration via this mechanism would not be
influenced by new or existing development on property
bordering the landfill . -
21
Recommendations/Options
1) Water levels in all newly installed piezometers and well
should be measured on a quarterly basis by the landfill
in conjunction with the landfills routine water level
monitoring . All water level and water quality data
should be submitted by the landfill to Scott County in a
timely manner .
2) all future development should submit a description of
the proposed ground water use to Scott County as part of
the permitting process. The description of ground water
r
use should include at a minimum:
1) A description of the pumped well location
and construction.
2) Anticipated aquifer .
3) An estimate of daily pumping rates in
gallons.
4) A geologic well log, when available.
3) Additional testing should be required by Scott County as
part of the installation of proposed high capacity
wells, (those wells which require a Minnesota Department
of Natural Resources Water Appropriations Permit) .
Additional testing should consist of a pumping test
-� conducted in accordance with strictly defined procedures
which should be approved in advance by the County. At a
minimum the proposed pumping well should be pumped for
48 hours with one nearby observation well constructed in
a similar manner as the pumping well .
22
" 4
4) The County at its discretion may develop and assist in
the implementation of standardized procedures for
aquifer testing , including the development of an aquifer
data base for selected areas.
5) Items two and three above should be implemented within
a minimum radius of two miles of the Louisville
y Landfill .
i
Respectfully Submitted ,
Daniel R. Stoddard
Geologist
DRS/lak
l
R13 : 16 23
Ilk
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Engineer )VA---.
SUBJECT: Downtown Streetscape Project
Prospective Change Order
DATE: October 2, 1987
INTRODUCTION:
This memo addresses a prospective change order if Council
determines the proposed work as appropriate actions.
BACKGROUND:
The proposed changes involve the alley between 2nd Avenue & 3rd
Avenue and Lewis Street & Sommerville Street (adjacent to the
Library) . A portion of the alley adjacent to the Northwestern
Bell building is paved. Previous to the Streetscape project, the
access to the Library parking lot was undefined and did not
properly meet the alley alignment. With the Streetscape project,
the alley and library parking lot access will be defined in their
proper locations.
There is a substantial amount of stormwater runoff from the
library parking lot that should be diverted to the storm sewer
system within the street. To accomplish this, a portion must be
paved with an inverted crown to properly divert the drainage .
That leaves a 120 foot segment of alley in mid block that is
currently grass.
Engineering proposes to grade this remaining portion and pave it
to provide a contiguous alley improvement. The estimated cost to
provide this improvement is $1 ,900.00.
The abutting benefitted properties consist of the Library and
Northwestern Bell. Most of the alley adjacent to Northwestern
Bell is already paved but terminates as it provides access to
their parking lot on the west side of their building. Under this
proposal, the fact that the alley would be paved throughout its
length would not significantly improve access to any of the
abutting properties. To assess properties for this improvement,
hearings would need to be held.
RECOMMENDATIONS:
1 . It is my opinion that the small cost in finishing the alley
throughout its length would be worth the investment and
therefore recommend Council to approve this action.
2. Since there is no significant benefit of access to abutting
properties, I recommend against assessing this cost.
Downtown Streetscape
October 2, 1987
Page 2
REQUESTED ACTION:
Move to direct staff to cause the improvement of the alley
between 2nd Avenue & 3rd Avenue and Lewis Street and Sommerville
Street.
KA/pmp
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MEMO TO: John K. Anderson, City Administrator
FROM: John H. DeLacey , Engineering Technician III
SUBJECT: Downtown Streetscape, Project No. 1987-2
Change Order No. 3
DATE: September 28, 1987
INTRODUCTION:
Change Order No. 3 is ready for Council approval .
BACKGROUND:
At a previous Council meeting , City Council authorized
engineering to proceed with electrical changes for the Downtown
Streetscape Project (See Ken Ashfeld' s attached memo) . Council
also directed staff to prepare a change order for approval .
Change Order No. 3 is for the electrical changes.
I have attached a cost breakdown to the change order showing
additions and deletions with a net increase cost to the project
for review. This net increase is less than was previously
estimated due mainly in part that engineering was able to
eliminate a boring underneath the railroad track by utilizing an
abandoned storm sewer line.
RECOMMENDED ACTION:
Approve Change Order No. 3 for the Downtown Streetscape Project.
REQUESTED ACTION:
Approve Change Order No. 3 with a net increase of $48,562.50 for
the Downtown Streetscape Project No. 1987-2.
JHD/pmp
CHANGE ORDER
Change Order No. : 3 Project Name: Downtown Streetscaoe
Improvement
Date: _September 29. 1987 Contract No.: _ 1987-2
Original Contract Amount $ 2,186,157.65
Change Order(s) No. _]_ thru No. _ 2 $ 1,666.00
Total Funds Encumbered Prior to Change Order $ 2 188 123.65
Description of York to be (Added/Deleted) :
See Attached Sheet
The above described work shall be incorporated in '..he Contract, referenced above, under the
same conditions specified in the original Contract as amended unless otherwise specified
herein. Any work not so specified shall be performed in accordance with the Standard
Specifications adopted by the City of Shakopee, Miiunesota.
The amount of the Contract shall be increased by $_ 48.562.50
The number of calendar days for completion shall te increased by _Q_.
Original Contract Amount :6 2,186,457.6r,
Change Order(s) No. . 1 thru _3_ S. 50,226.50
Total Funds Encumbered s 2,236 686.15
Completion Date: No Change to Interim or Final Cooroletion Date
The undersigned Contractor hereby agrees to perform the work
specified in this Change Order in accordance with the
specifications, conditions and prices specified herein.
Contractor:
REVIEWED:
%?AR��R��,;'�=s ?��
Dy ,� / ,�.� ✓ Shakopee Public Utilities Ccffi.
Date: Manager
Date -2/ 7
APP RE
i
ity 'neer to
APPROVED: City of Shakopee
By: Approved as to form this
Mayor Date
day of 19
City Administrator Date City Attorney
City Clerk Date
MEND TO: John K. Anderson, City Administrator
FROM. Ken Ashfel d, 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 wits
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 cistrioution 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 cistributicn -1nes
w1thir. the a ley s. _onc;:cts w1 be _n s_alled across t e s reefs
a 11 the alley -locations. The purpose of these installations are
to prevent ' ,.ture street cuts when - ally undergrond--_ng t.._
= .:s nrctection is relativeuu ..
y y inexpensive because t _
vm
__ nc _ t : _ for _ res_ street
_ -g he only . k_ - 2c-es-
structu-es are _,.ntr- _t_ .. for thesconduit _r,.-C --ngs . t _s
cel_' ___ to _ncr_as Size c.` these structures to .__y
..E.._-e t.._ .._. _ _ an personnel.
The main purpose of this memo is to discuss the merits o`
providing c�nauilt
for the future under grounding of the Dri'Mary
runs on Sommerville and Fuller. Unlike the alley cressings,
nutting 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 w.._lp_ are longitudinal with the street
versus crossing the street
ADDITIONS TO CONTRACT
1 . 2 x 3 Electrical Conduit
1 , 180 L.F. @ $35 .75/L.F. = $42, 185 .00
2. 5 ' x 9' Electrical Vaults
4 Ea . @ $4 ,943.00/Ea. = $19,772.00
3. 6 ' Dia. Electrical Manholes
6 Ea. @ $3 ,396 .00/Ea. _ $20 ,376.00
TOTAL ADDITIONS = $82,333.00
DELETIONS TO CONTRACT
1 . 2 x 2 Electrical Conduit
409 L.F. @ $24 .50/L.F. _ $10,020 .50
2. 4' Dia. Electrical Manholes
19 Ea. @ $1 ,250 .00/Ea. _ $23,750 .00
TOTAL DELETIONS = $33,770.50
TOTAL NET INCREASE _ $48,562.50
If It-
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.
1 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 cut ; 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. P. 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 . -toh
could be obliterated by a seal coat across the entire street
at a cost 0f approximately $1 ,000 per block. Since we seal
coatstreet 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
ere are no plans for undergrounding ^-_ primary lin- on
There are no firm proposals for -.._ undergr 0unci r.g
of the primary line on Sommerville, but ` - zDpezrs this work
would be logical due to the bypass work proposed in 1990 .
Also, the primary line along the alley north of City Y,all
.._ll need relocating due t0 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 or. older Doles and closer to the ground
making it much more visiDle.
Downtown Streetscape
August 26 , 1987
Page 3
OTHER CONSIDERATIONS:
As mentioned previously, when the aenibypass es 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. Iraffic will be maintz tined on 1st
Avenue until the by pass es comDlete so this is not an option .
This memo suggests that the alley between 1st and 2nd is a good
location . This proposed location would provideunuerfor the
these alleys a 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 conauit 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
Y
consultation with Lou Vanhoutpf ul and much appreeciated
, Shakopee Public U
His assistance has been ver hel " ciles . Pager.
.
RECOMMENDATIONS:
1 . As a minimum, I recommend that the access structures that
were contracted for be increased ; n to adequately
handle future In O: di stye b❑-ion �d pr_mzry
runs. The estimated cost of this change is 5'5 , 172.00 .
2. It is also recommended that the conduit crossings between
1st and 2nd be increased in s
i.n.stallation when the b -"ze t0 accommodate primary len.e
cost „ Ypass is ccn.structed at anestimated
5R ,S00 .D0.
-= is a_„_ recommended ---- ..c,4 ,
--ary _°ne be _ . ____ tc zcc—aDdzte -
_nsta_- -` __. " Scmmer -- b=_twee- -
ac- _c :zs vim- zo be
- _.._s -_-=`—a is
Is� _texo_ o z e _
storm sewer _i. under - -racks as el concci=r acaatoned
boring a caser.g� Di De. ne -'an versus
savings cf approximate'-y :Z '000.D�Can be done, we estimate a
also —commenced J ,=-
conceitinsaa le - _ - - -- �pllmoa wishes LD :^.ave
lines d; _ d on ' r - _commodate
_° that Y
. e_ __on be gi v�en oto _ _
uncertainty^ o^ non t_is ins-a's' e_' � Due to tee cost and
is r,ct " -- n would b<_ csea, staff
recommending _..-_ _nsta' " a-
- with tris . -r=ct .
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 oetermined 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-
t 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 a " tr4s time . The fo_lcwing
action is being requested:
Move to direct the City Engineer to cause the installation
of changed condu-_t in sallations and the addition of conduit
on Somme,-v---- Street between 1st Avenue_ and 3rd Avenue as
addressed t _ity Engineer' s Augu s 26 , 1987 memorandum.
Ki./pm
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TO: John K. Anderson, City Administrator //�
FROM: Gregg Voxland, Finance Director
RE: Interfund Transfers
DATE: September 22, 1987
Introduction
-------------
Request Council approve of the following transfers. They have been made in
accordance with the budget as to be amended by Resolution No. 2803 (later this agenda)
and previous Council actions.
Background
To the General Fund
From Revenue Sharing
Park Dept
Gang Mower 23,950.00
Police Dept
Squads Polar 34,086.75
Squads registration Deputy Registrar 15.75
Squads Screens Precision Metal 414.00
Squads - rustproof Shak Ford 100.00
Squads - propane Carb 6. Turbo 3,270.00
Auto - Chiefs Polar 11,362.25
Auto - Chiefs - plates Deputy Registrar 20.75
Auto - Chiefs Rustproof Ziebart 60.00
Light bar Uniforms Unlimited 1,440.50
Automobile North Star 5,035.00
Automobile Deputy Registrar 24.75
4x4 Polar 16,807.00
4x4 title Deputy Registrar 5.25
4x4 rustproof Shakopee Ford 100.00
4x4 screen Precision Metal 70.00
4x4 push bar Precision Metal 251.00
4x4 running boards Auto Central 150.38
Engineering Dept.
GAUD System Quannon 5,100.00
CADD System Quannon 525.00
CADD System Quannon 2,750.00
CADD Plotter Quannon 6,070.00
Traffic Counters Act Electronics 6,210.00
------------
117,818.38
From Capital Equipment Fund
Fire Dept
Tank truck Mack 61,125.00
Tank truck Smeal 46,515.00
Tank truck Deputy Registrar 5.25
Air compressor Compress Air 37,370.76
Air compressor Redfield 1,813.50
Air compressor Precision Metal 2,642.00
Engineering Dept
Traffic Counters Act Electronics 6,210.00
Shop Dept
Frame Drill Viking 1,168.00
Drum Lathe Motor Parts 4,000.00
Street Dept
Printer Office Products 1,132.86
Police
Computer power unit Quannon 575.00
Novell Network Ameri-Data 3,499.00
Finance Dept
Computer Network Quannon
Station 2,726.36
Station 2,726.36
Station 2,726.36
Station 2,726.36
File Server 4,089.56
Power unit 575.00
Stearns Installation 60.00
------------
181,686.37
Action Requested
----------------
Move to approve of the transfer of $117,818.38 from the Revenue Sharing Fund to the
General Fund and $181,686.37 from the Capital Equipment Fund to the General Fund.
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Abatement of Certified Storm Drainage Bill
DATE: September 14, 1987
Introduction
Council action is required to abate a delinquent storm drainage bill that
was certified for collection with the taxes.
Background
The storm drainage bill for parcel 27-906010-5 was certified for
collection with the 1987 taxes due to delinquency. It has been determined that
the parcel should not have received a bill in the first place because the
parcel is vacant. In order to remove the assessment from the county records,
an abatement is necessary.
Action Reauested
Move to approve the abatement of storm drainage code 73 in the amount of
$379.26 for pay 1987 for parcel 27-906010-5 due to correction of parcel
classification.
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Report on Canterbury Estates Environmental Assessment
Worksheet
DATE: September 28, 1987
INTRODUCTION•
The Meritor Development Corporation has submitted and
received approval for a preliminary plat containing 162.77 acres
located south of 11th Avenue and east of County Road 79 in the
City of Shakopee. The magnitude of the project requires an
Environmental Assessment Worksheet (EAW) be prepared for this
project in accordance with Minnesota Rules, part 4410.1500 B
(Environmental Rules Program) . The City of Shakopee is the
Responsible Governmental Unit (RGU) for this EAW, and the City
Council of Shakopee has the responsibility to determine whether
an Environmental Impact Statement (EIS) must be prepared for this
proposed project. City Council in making this determination must
consider the completeness and accuracy of the information
contained in the EAW and the potential impacts of the project
which may warrant further investigation and/or the need for the
preparation of an EIS. The City Council must also take into
consideration any written comments received during the comment
period for this EAW. A copy of all comments received on this EAW
are attached to this report.
BACKGROUND:
EAW REVIEW TIME TABLE
This EAW was distributed to all governmental agencies as
required by law and was published in the Environmental Quality
Board (EQB) Monitor on August 10, 1987. The comment period on
this EAW extended from August 10, 1987 to September 9, 1987. The
Shakopee City Council must render a decision on whether an EIS
needs to be prepared for this project not less than 10 days
(September 19th) nor more than 30 days (October 10th) after the
end of the comment period.
FINDINGS OF FACT
I. Project Site and Description
Canterbury Estates is a proposed residential development
with 139.52 acres proposed for single family residential use,
13.24 acres as medium density multiple residential use and 10. 01
acres as park and open space. The total project will occupy
162.77 acres. .The project is located south of 11th Avenue and
east of County Road 79 and north of the proposed highway 101 by-
pass in the City of Shakopee, Minnesota. The proposed
development will consist of 340 single family lots and a maximum
of 144 medium density multiple units resulting in an overall
density of 2.97 units per acre.
The overall project will take approximately 4 to 5 years to
complete and will be phased in small additions with 60 to 70 lots
per addition. The multiple density residential area will
developed towards the end of the time frame.
II. Type, Extent and Reversibility of Environmental Effects
A. Tonography. Soils and Geology
The land within the proposed project is vacant. The
previous use for the majority of the property was a sand gravel
mining operation. There is some farming occurring on the
southern portion of the property which is currently planted in
corn and soy beans. It does contain some erodible soils.
B. Physical Effects on Waters
Overland drainage and storm sewers will be used to handle
storm water run off from the streets and drainage swales of the
proposed development. It has a major drainageway that passes
through it. The project has been designed to include two ponding
areas to accommodate not only storm water that will be generated
by this development but also provide some storage for up stream
development as well. The two proposed ponds will only store water
during limited periods of time when necessary. For the most part
the pond areas will remain as open space which can be used for
limited recreational activities such as athletic fields, tot
lots, etc. Drainage will discharge to the east continuing in an
overland swale for about 1/2 mile at which point it will be
picked up by storm sewer pipe and discharged north the Minnesota
River.
C. Water Ouality Effects: Waste Water. Storm Water and Erosion
The project will require an appropriation of ground or
surface water. An estimated 197,900 gallons per day potable
water supply from the Shakopee water distribution system will
ultimately be required to serve the project.
The project will increase the storm water run off flows due
to the increase of impermeable ground covers, i.e. streets,
sidewalks, houses, etc. These increased volumes will be handled
through standard drainage methods involving catch basins, storm
sewer piping, culverts along with some overland flow. It is
estimated that the existing condition would have a coefficient of
runoff of .30 and a developed coefficient of runoff of .40.
Using the 100-year storm as a basis for calculating volumes, 8.2
acre feet of additional water will be generated. Two ponds on
the site will take the majority of the stormwater and function as
temporary holding ponds and also siltation basins, before
discharging to the east and eventually to the Minnesota River.
Sanitary sewers will be constructed to service all
residential units within the subdivision. A network of lateral,
sub-trunk and trunk lines will transport the normal domestic
sewage to the Blue Lake Treatment Plant. An estimated 197,900
gallons of sewage will be generated per day. The Blue Lake
Plant management staff, have stated that the actual working
capacity of the treatment plant is 24 million gallons per day and
the plant is currently processing 20 million gallons per day.
The treatment plant is programed to be expanded to 32 million
gallons per day capacity by the year 1992. Therefore, this
project can be handled by the existing treatment facility.
D. Air Ouality and Noise
Air pollution, dust and noise will result from normal site
grading, utility and street construction and building
construction. These impacts will be of relatively short duration
during each phase of development. Mitigative measures will
include water sprinkling for dust, maintenance of construction
equipment in good operating order and proper muffling of
construction equipment.
E. Solid and Hazardous Wastes
No hazardous wastes will be generated in this residential
development. All solid wastes are expected to be of mixed
municipal wastes in general character. The estimated daily solid
waste generation is 5199.3 pounds per day. The solid wastes
generated will be collected and disposed of by private collection
and disposal companies, by way of city contracts.
F. Fish. Wildlife and Plants
This project will have no negative effects on fish and
wildlife habitat or movement of animals, any native species that
are officially listed on the State endangered, threatened, or of
special concern.
G. Archaeological and Historical Resources
There are no historical, archaeological or architectural
resources existing on or near the site. A large portion of the
property has already been extensively disturbed through the
mining operations.
H. Parks and Recreational Resources
The project will not cause the impairment or destruction of
any designated park or recreational areas. The project will
provide an additional 10 acres of park land through dedication
with the platting process.
I. Other Resources
The project does not contain any prime or unique farm lands,
ecologically sensitive areas, or scenic views and vistas.
J. Community Services. Transportation and Enercv
On a temporary basis County Road 79 will be impacted the
most. This is because the first phases of Canterbury Estates
will be located in the northwest corner of the property. Traffic
will use County Road 79 as the primary access to the development.
As the property develops and as Vierling Drive is developed the
traffic will begin to head to County Road 17, 1/4 mile to the
east. When the highway 101 by-pass is completed, an interchange
will exist at the County Road 17, Highway 101 crossing. This
interchange will provide ease of travel to the east to jobs and
shopping. The timing for the final phases of Canterbury Estates
and the completion of Highway 101 by-pass are about the same-
four to five years. Total traffic generated by this development
is estimated to be 4,408 trips per day. This will be distributed
as follows: 20% will use County Road 79 to the north, 58 will
use County Road 79 to the south, 20% will use County Road 17 to
the north, and 55% will use County Road 17 to the south to
Highway 101. The present A.D.T. on County Road 79 is 1,650 trips
per day. The additional traffic will not have a negative impact
on County Road 79. The present A.D.T. on County Road 17 is 4,500
trips per day. This street will be upgraded prior to the Highway
101 interchange completion. These volumes of additional traffic
should not adversely affect these roads as the trips per day
increase through the addition of phases. The streets will be
upgraded simultaneously to handle the increases.
At present the sanitary sewer which will service this area
is 1/4 of a mile to the east at County Road 17. This line will
have to be extended to pick up the Canterbury Estates
Development. The V.I.P. trunk sewer was designed to provide
service for development of approximately 425 acres of industrial,
120 acres of multiple family residential, 196 acres of
commercial, and 1000 acres of single family residential
development. Such provisions will meet the land consumption
demands of development within the City of Shakopee for about 10
to 15 years. Therefore, it can be assumed that the proposed
Canterbury Estates can be served, and the sewer facility is sized
to adequately serve the area.
The water mains to service this area are located in County
Road 79, a 12" line on the northwest corner, and in llth Avenue
on the north a 6" line. These lines will be extended through the
development as needed and looped.
P-
III. ACCUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED
FUTURE PROJECTS
The project does not involve related or phased future
actions which will cause accumulative impact on the environment.
The project will not induce future development which will result
in accumulative impact on the environment.
IV. EXTENT TO WHICH THE ENVIRONMENTAL AFFECTS ARE SUBJECT TO
MITIGATION BY ON-GOING PUBLIC REGULATORY AUTHORITY
A. The City of Shakopee will have to approve preliminary and
final plats for the project and approve the rezoning of the
southern portion of the project.
B. Grading erosion control will be governed by approval of the
preliminary and final plat by the City and the issuing of a
grading permit by the City of Shakopee and the Lower
Minnesota River Watershed District.
C. Extension of sanitary sewer service to serve the project
requires approval by the Minnesota Pollution Control Agency
and the City of Shakopee.
D. Extension of water mains to serve the project requires
approval by the Minnesota Department of Health and the
Shakopee Public Utilities Commission.
CONCLUSIONS
Based upon the findings of fact, four issues possibly having
an effect on the environment emerged as a result of the
environmental review process. These are:
1. Erodible soils. The general soil types in the area are
classified as erodible, but there are no natural steep
slopes on the site. The only steep slopes which exist are
those created by the mining operation or the spoils piles.
These areas will be modified in the grading operation. The
project will use check dams, siltation fences and turf
restoration methods to mitigate any negative effects. The
developer must also receive approval of their grading plan
and grading permits from the City of Shakopee and the Lower
Minnesota Watershed District.
2. Surface and stormwater runoff. The project will increase
the stormwater runoff flows due to the increase of
impermeable ground covers and some modifications to existing
vegetation. The developer is proposing construction of
storm sewers and the use of storm water ponding to provide
adequate time for suspended solids and many of the nutrients
to settle out. The City of Shakopee will also be
constructing the Upper Valley Drainageway through the
project. This project will mitigate potential problems with
storm water runoff.
3. Appropriation of ground water. Water will be supplied by
the City water distribution system. The system has been
designed to accommodate this development, and no negative
impact is anticipated. Approval of the distribution system
must be received from the City of Shakopee, Shakopee Public
Utilities Commission and the Minnesota Department of Health.
4. Sanitary waste water. Sanitary waste water will be carried
by trunk lines to the Blue Lake Treatment Plant. The plant
has capacity to adequately treat the 197,900 gallons per day
generated by this development. The project also requires
extension of the V.I.P. sewer main and construction of
lateral lines to serve the development. Approval of the
sewer extension must be granted by the Minnesota Pollution
Control Agency and design and construction of the proposed
improvements will be under the control of the City of
Shakopee.
RECOMMENDATION:
Based upon the findings of fact and conclusions contained
within this report, the City staff recommends the adoption of
Resolution # 2813 Making a Negative Declaration on the Need for
the Preparation of an Environmental Impact Statement for
Canterbury Estates.
ACTION REQUESTED:
Move to adopt Resolution # 2813 Making a Negative
Declaration on the Need for the Preparation of an Environmental
Impact Statement for Canterbury Estates.
/✓
CL-
RESOLUTION NO. 2813
A RESOLUTION MAKING A NEGATIVE DECLARATION ON
THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR
CANTERBURY ESTATES 1ST ADDITION
WHEREAS, the Canterbury Estates 1st Addition proposal
located in the City of Shakopee required the preparation of an
Environmental Assessment Worksheet (EAW) ; and
WHEREAS, the City of Shakopee is the Responsible
Governmental Unit (RGU) ; and
WHEREAS, the City of Shakopee has prepared an EAW which was
published, distributed and commented on in accordance with
Minnesota Statutes, Chapter 116D and Minnesota Rules 1985; and
WHEREAS, the City of Shakopee has reviewed all comments
received regarding the EAW and has prepared a report containing
Findings of Fact, Conclusions and a Recommendation regarding
Canterbury Estates 1st Addition.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council
that a negative declaration is hereby, made on Canterbury Estates
1st Addition EAW.
Adopted in session of the City Council of the
City of Shakopee, Minnesota held this _ day of ,
1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
ADuroved as to form this
aay of 1987.
City Attorney
DEPARTMENT OF THE ARMY
ST.PAUL DISTRICT,COBS OF ENGINEERS
111$V.SPOST OFFICE\ 5TOM XWSE
(2)�'L
ST.PAOL,MINNESOTA5551014X79 September 10, 1987
RECEIVEq
Construction-Operations SEP 2 1
Regulatory Functions (87-9805-74) 198/
CITY OF SHAKOPEE
Mr. Douglas K. Wise
City of Shakopee
City Planner
129 East 1st Avenue
Shakopee, FIN 55379
Re: E. A. W. Comments: Meritor Development Corporation's residential development;
Canterbury Estates;
Sec. 7, T. 115 N. , R. 22 W. ; City of Shakopee; Scott County, MN.
We have reviewed the information provided us concerning the referenced
project. The work you propose at the location stated is not within the
jurisdiction of the Corps of Engineers.
No work will be done in a navigable water of the United States, and
no dredged or fill material will be placed in any water of the United
States, including wetlands. Therefore, a Department of the Army permit is
not required to do this work.
This letter is valid only for the project referenced above. If any
change in design, location, or pupose is contemplated, contact this office
at (612) 725-7558 to avoid doing work that may be in violation of Federal
law. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED
FOR STATE, LOCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT
OF NATURAL RESOURCES OR COUNTY.
If you have any questions, please call Mr. Vern Reiter at (612) 725-
7776.
Sincerely,
ED6W
en Wopat
Chief, Regulatory Functions Branch
Construction-Operations Division
c�p��tn?'P.r,
o'0NE50T92 � F 1117M
o ° Minnesota Department of Transportation
A (;TY OF,SM?i E
VTransportation Building, St. Paul, MN 5575
Yr S
OF TRPS
September 9, 1987 Phone 296-1652
Mr. Douglas K. Wise
City Planner
129 East lat. Avenue
Shakopee, MN 55379
Re: Canterbury Estates
Environmental Assessment Worksheet (EAW)
District 5 (Shakopee, Scott County)
Dear Mr. Wise:
The Minnesota Department of Transportation (Mn/DOT) has completed a
review of the above-referenced EAW. We anticipate that the proposed
development will not have a major impact on our present highway
facilities, but arterials to Metropolitan Central Business District
will be affected.
If you require additional information from Mn/DOTr please contact
Carl Hoffstedt, Transportation Analysis Engineer, at our District
office in Golden valley, phone number (612) 593-6540.
t
Si`nn'��cce`�'r`�eelyy�',(���'a
Cheryl Heide, Environmental Coordinator
Environmental Services Section
Art Eo..l O✓Gonunin,Emplo ,
404 �O` Metropolitan Council
300 Metro Square Building
q Seventh and Robert Streets
,r St. Paul, Minnesota 55101
Telephone (612) 291-6359
September 9, 1987 FIECE ;7n
SEP 1 C 1987
Douglas K. Wise CITY OF SHA KOPEE
City of Shakopee
129 E. tat Av. , . :. . .
Shakopee, MN 55379
RE: EAW
Canterbury Estates
Metropolitan Council District 14
Dear Mr. Wise:
Council staff has conducted a preliminary review of this environmental
assessment worksheet to determine its adequacy and accuracy in addressing
regional concerns. The staff review has concluded that the EAW is complete and
accurate with respect to regional concerns and raises no major issues of
consistency with Council policies. An EIS is not necessary for regional
purposes.
This will conclude the Council's review of the EAW. No formal action on the
EAW will be taken by the Council. If you have any questions or need further
information, please contact Pat Pahl, Council staff at 291-6392•
Sincerely,
Roger Israel, Director
cc: Marcy Waritz, Metropolitan Council District 14
John Rutford, Metropolitan Council Staff
_ MINNESOTA HISTORICAL SOCIETY
FOUNDED IN 1849 Fort Snelling History Center,St. Paul.MN 55111 • 16121726-1171
August 31, 1987 "-�%L1€ .�
Mr. Douglas R. Wise SEPo 81887Cit ,,
129yof EastShakopeeFirstt Avenue OF 3FIA1<OPEE
Shakopee, Minnesota 55379-1376 "-
Dear Mr. Wise:
Re: Canterbury Estates, W/2, S7, T115, R22
Shakopee, Scott County
MHS Referral File Number: FF-7
Thank you for the opportunity to review and comment on the above
project. It has been reviewed pursuant to responsibilities given
the State Historic Preservation Officer by the National Historic
Preservation Act of 1966 and the Procedures of the National
Advisory Council of Historic Preservation (36CFR800) .
This review reveals the location of no known sites of historic,
architectural, cultural, archaeological, or engineering
significance within the area of the proposed project. There are
no sites in the project area which are on the National Register
or eligible for inclusion on the National Register, and
therefore, none which may be affected by your proposal.
Again, thank you for your participation in this important effort
to preserve Minnesota's heritage.
Sincerely,
Dennis A. Gimmestad
Deputy State Historic Preservation Officer
DAG:dmb
Minnesota
Environmental Quality Board _
100 Capitol Square BuildingC � 7
550 Cedar StreetUG
St. Paul, Minnesota 55101k7 A 64887
Phone 7-Y OF S1igKOPEE
August 5, 1987
Doug Wise
City Planner
129 East 1st Avenue
Shakopee, MN 55379
RE: Environmental Assessment Worksheet (EAW) for Canterbury Estates
Dear Mr. Wise:
This letter acknowledges receipt of the EAW for the above-named
project. The Environmental Review Program rules (at Minnesota Rules,
part 4410.1500B. ) require that a press release containing notice of
the EAW availability be provided to at least one newspaper of general
circulation within the area and that copies of the EAW be distributed
to all points on the EQB distribution list. We presume that these
requirements have been met.
Notice of the EAW availability will be published in the BOB Monitor
on August 10, 1987. The 30-day comment period will begin on that day
and will expire on September 9, 1987.
Pursuant to Minnesota Rules, part 4410.3100, subpart 1, no final
governmental decision to grant a permit or other approval required to
commence the project shall be made until a negative declaration or
EIS adequacy determination has been made.
Please contact me if any questions arise about the Environmental
Review process. My phone number is (612) 296-8253, or you may call
toll-free by dialing 1-800-652-9747 and asking for the Environmental
Quality Board, Environmental Review Program.
Sincerely,
Gregg M. Downing
Environmental Review Coordinator
cc: Wayne Tauer
AN EQUAL OPPORTUNITY EMPLOYER
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Ordinance No. 230, Licensing of Outdoor Performance
Centers
DATE: October 2, 1987
Introduction
At the September 15, 1987 Council meeting Council moved to table
Ordinance No. 230 which provides for the licensing of outdoor
performance centers. At that meeting Council reviewed Options 1,
2 and 3 of the ordinance.
Background
Mr. Coller, John Leroux and I met to draft Option No. 4 which is
attached. The significant changes were made in Section VI and
VIII with the latter incorporating elements of the Bloomington
ordinance. Also attached is an alternate Section VI to Option
No. 4 that simply replaces the performance bond alternative with
an escrow alternative.
Alternatives
1. Approve Option No. 4 of Ordinance No. 230.
2. Approve Option No. 4 with alternate Section VI of ordinance
No. 230.
3. Draft Option No. 5 of Ordinance No. 230.
Recommendation
I recommend alternative No. 1 or No. 2.
Action Requested
Offer Ordinance No. 230, An Ordinance of the City of Shakopee,
Minnesota Amending Shakopee City Code Chapter 6 Entitled "Other
Business Regulations and Licensing" by Adding a New Section 6.42B
Providing for the Licensing of Outdoor Performance Centers and By
Adopting by Reference Shakopee City Code Chapter 1 and Adopting
by Reference Section 6.99, Which Among Other Things Contain
Penalty Provisions, and move its adoption.
JKA/jms
Option 4
ORDINANCE U 230
Fourth Series
An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code Chapter 6
Entitled "Other Business Regulations and Licensing" By Additing a New Section 6.42B
providing forthe Licensing of Outdoor PerformanceCenters. and By Adopting By Reference
Shakopee City Code Chapter 1 and Adopting By Reference Section 6.99, Which Among Other
Things Contain Penalty Provisions
THE CITY COUNCIL OF SHAKOPEE, MINNESOTA ORDAINS:
SECTION I: Definitions
1. For the purpose of this ordinance the following terms, phrases, words and
their derivations shall have the meaning given herein. . When not inconsistent with the
context, words used in the present tense include thefuture; words in plural number,
include singular number.; and words in the singular number include the plural number.
The word "shall" is always. mandatory and not merely directory.
2. The "City" is the City of Shakopee, Minnesota.
3. "Outdoor Performance Center" is any outdoor premises in or on which shows,
theatrical performances, concerts, exhibits or events are performed or put on from a
stage or similar location for viewing by more than 1000 patrons at any one time and
for whichan admission charge is made.
4. "Licensee" is a person having a license issued by the City in full force and
effect issued hereunder.
5. "Person" is any person, firm, partnership, association, corporation or
organization of any kind, either in the singular or plural.
SECTION II: License Required
No person shall construct, operate or maintain an outdoor performance center
within the City without first having obtained a license as hereinafter provided from
the City.
SECTION III: Applicati`d Ye
1. Applications for licneses issued hereunder shall be made in writing and in
duplicate and shall state:
A. Name, home address and proposed business address of the applicant.
B. (1) Number of automobiles or other vehicles which the facility is designed
to accommodate
(2) The number of persons the facility is designed to accommodate.
C. The hours of operation of the facility.
D. The number of employess and attendants to be employed
E. Such. other information as the City shall find reasonably necessary to
effectuate the purposes of thisordinanceand to arrive at a fgifdetermimation of
whether the terms of the ordinance have been complied with.
F. The application hereunder shall be accompanied by a plat or drawing of
the facility which plat, or drawing shall show the following:
(1) Location, size andcapacity
(21 Location and size of entrances and exits
(3) Parking plan and and type of ground surfacing
(4) Location, size and construction of all proposed structures
(5) Location, size and design of all signs, marquees and billboards
(6) Location, size and construction of all walls, fences and barriers
surrounding the premises
(7) Location and description of all artificial lighting to be used onthe
premises.
(8) Location and description of all drives connected to public highways
(9) Plan of traffic control and number and description of persons used
in controlling traffic, all of which must receive the written approval of the City's
Chief df Police.
(10) Certificate of approval in writing from the Fire Chief of the City as
to fire lanes and other public safeguards
SECTION Iii: Application Fee
An application hereunder shall be accompanied by an application fee in an
amount set by Council Resolution and no part of which is refundable.
SECTION V: Insurance Requirements
Every application for a license hereunder shall be accompanied by a bond,
approved as to form by the City Attorney and then approved by the City Council,
executed by a bonding or surety company authorized to do business in the State of
Minnesota in the penal sum and amount of $3,000,000 conditioned upon the payment
by the licensee of any and all final judgments for injuries or-damages resulting to
persons or property arising out of the operation or maintenance of the facility.
Such bond shall run to the City of Shakopee for the benefit of any person who may
received injuries and for the benefit of any person who may claim redress for
property damages resulting from the operation or maintenace of such facility. Such
bond shall remain in full force and effect for the full period of the time for which
this license is effective. A liability insurance policy issued by an insurance
compagy authorized to do business in the State of Minnesota conforming to the require-
ments of this section may be permitted in lieu of the bond, but before becoming effect-
ive, must be approved as to form by the City Attorney and then by the Council.
SECTION VI: Performance Bond
In addition to the provisions of Section V hereof every application for a license
hereunder shall be accompanied by a Performance Bond approved as to form by the City
Attorney and then approved by the City Council, executed by a bonding or surety company
authorized to do business in the State of Minnesota in the penal sum of $50,000 or a
letter of credit so conditioned in the same manner as the bond at a bank acceptable
to the City.
The conditions of the obligation of the Sond or letter of credit shall be such
that if the licensee shall comply with the terms of the license or any modification,
extension or renewal thereof and all pertinent laws of the State of Minnesota and the
City of Shakopee and that if the licensee shall further pay when due all taxes,.:licenses
penalties and other charges provided by law and it shall further provide that in the
event of any violation of the provisions of the license or relevant law, such bond or
letter of credit shall be forfeited to the City of Shakopee and that if the licensee
shall pay to the extent of the principal amount of the bond or letter of credit any
amount so due thereunder or resulting from the violation of any of the provisions of
the ordinance or law of the State of Minnesota or the City of Shakopee then the obligati,
of the bond or letter of credit shall be void otherwise shall remain in full force and
effect.
SECTION VII: Special Conditions
1. Prior to the granting of any license, the licensee must supply the City with
a list and a description of its upcoming bookings and, if the bookings come in after
the application, this information must be supplied to the Council sixty (60) days prior
to the date of the engagement.
2. In an emergency situation,but not more than once in any calendar year, the
time of such notice could be cut to(20) twenty days and in no event less that seven
(7) days before the event.
3. The City may withhold a license for any applicant who in the past has
violated any provision of this Ordinance or other relevant ordinances or pertinent
laws of the City of Shakopee and the State of Minnesota.
4. Performance standards as to noise emitting from and on the facility must be
measured according to PCA standards of sound level and the measurement must prove con-
formance at the property line of the facility and at the property line of the nearest
residence or residences, and under no circumstances, may the sound level exceed the
PCA standards as they are set from time to time.
SECTION VIII: Prohibited Conduct on the Premises
1. There shall be no brawling or fighting or conduct tending to reasonably
arouse, alarm anger or resentment in others.
2. There shall be no intentional throwing of any object, thing or article onto
the stage, playing field or area where an event is conducted, which may be likely to
endanger any person or property or interfere with the orderly play or conduct of the
event.
3. There shall be no intentional running or going onto the stage, playing field
or area where an event is conducted.
4. There shall be no obstruction of any aisle properly marked "exit" or taking
or obstructing the seat of another.
5. There shall be no possession with intent to consume, serve or dispense any
intoxicating liquor or non intoxicating malt liquor on the premises, except in areas
clearly designated for such purposes.
6. No person shall be permitted to appear or be at any event in an intoxicated
or drug induced condition.
SECTION IX: Licenses
Whenever the City Council has authorized the issuance of a license under the
provisions of this ordinance, such license shall be issued upon the payment by the
applicant to the City of a fee to be set by resolution.
SECTION X: Expiration of Licenses
All licenses issued under this ordinance,except for beverages, shall expire
on the first day of November:next following the issuance thereof. No license issued
hereunder shall be transferrable.
SECTION XI: Revocation or Suspension
The City Council shall have authority to revoke or suspend a license issued
hereunder when it finds:
1. That the licensee is operating in violation of this ordinance or any other
governing law, rule or regulation.
2. That the licensee is operating so as to constitute a nuisance by reason of
immoral activity on the premises or for any other reason constituting a nuisance.
3. That the premises are used as campground, place of residence or other similar
occupancy before, during or after the usual closing hours of any entertainment on the
facility.
SECTION XII: Adopted by Reference
The general provisions and definitions applicable to the entire City Code
including the penalty provisions of Chapter 1 and Section 6.99 entitled "Violations
a Misdemeanor" are herebyadopted in their entirety by reference as though repeated
verbatim herein.
SECTION XIII: Separability
Each and every section, part and provision of this ordinance is separable from
each and every other provision or part and if any provision, section or part is
declared illegal or unenforcable by a court of law, such declaration or finding
shall not invalidate any other provision, portion, section or part hereof.
SECTION XIV: When in force and effect
After the adoption, signing and attestation of this ordinance, it shall be
published once in the official newspaper of the City of Shakopee and shall be in
full force and effect on and after the date following such publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota held this day of , 1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
This ordinance was prepared and approved
as to fo b
Cit3f Attorney '
Alternate Section VI
to Option 4 ,
SECTION VI: performance Surety
In addition to the provisions of Section V hereof, every application for a
license hereunder shall be accompanied by proof of an escrow deposit in form accept-
able to the City Attorney and then approved by the City Council in an amount of
$50,000 or shall be accompanied by a letter of credit so conditioned in the same
manner as the escrow and the escrow deposit or letter of credit must be at a bank
acceptable to the City.
The conditions of the obligation of the escrow deposit or letter of credit
shall be such that if the licensee shall comply with the terms of the license or
any modification, extension or renewal thereof and all pertinent laws of the State
of %innesota and the City of Shakopee and that if the licensee shall further pay
when due all taxes, licenses,penalties and other charges provided by law and it shall
further provide that in the event of any violation of the provisions of the license
or relevant law, such escrow or letter of credit shall be -forfeited to the City of
Shakopee and that if the licensee shall pay to the extent of the principal amount of
the escrow or letter of credit any amount so due thereunder or resulting from the
violation of any of the provisions of the ordinance or law of the State of Minnesota
or the City of Shakopee then the obligation of the escrow or letter of credit shall
be void otherwise shall remain in full force and effect.
lTHE /2b
SCOTTLAND
COMPANIES
October 6, 1987
Mayor Eldon Reinke and
City Council Members
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
RE: Starwood Music Center
Licensing Ordinance
Dear Mayor and City Council:
We have recently received the staff memo dated October 2,
1987, and the Option No. 4 of Ordinance No. 230.
Concerning Section VI Performance Bond, we understand that
the intent thereof is a) either to reimburse the City for
costs relative to whatever legal action it deems appropriate
in regard to a licensee, b) and/or to pay the penalties,
imposed by the court on a licensee, for any violations of
the law, in case the licensee cannot or will not pay the
penalties; c) and/or so that the licensee suffers a monetary
loss in the event of any intentional violation, in an amount
related to the level of danger to public health, safety and
welfare caused by a violation.
While we do not believe such a provision is necessary, we
are aware of the fact that the City does require a $3,000
surety bond for an off-sale or on-sale liquor license, but
the ordinance does not indicate for what the bond is to be
used. We understand it is used to pay for the costs
incurred by the City in any action against a licensee, to
pay for any penalties imposed, and perhaps as a penalty if
the liquor licensee intentionally permits violation of the
law . The liquor license ordinance provides for a hearing
and other procedural due process to determine if the
licensee intentionally violated the law or with knowledge
permitted violations of the law to occur, to determine the
amount of the penalty; all protections to protect the City
and the licensee in such situations.
We suggest that similar provisions be incorporated into
draft No. 5 in the event the performance bond language
remains. We attach as Exhibit A, a portion of your liquor
ordinance related thereto.
P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 [612]445-3242
/-
Page 2
October 6, 1987
Section VIII of the proposed ordinance sets forth prohibited
conduct on the premises. We agree with the intent of the
provisions, however, there should be some language
modifications to insure that the licensee is not penalized
wrongfully. For example, provision 2 states "there shall be
no intentional throwing of any object, thing or article onto
the stage. . ". In the event that someone wanted to cause a
problem for Starwood, he/she could throw one object onto the
stage and even though the licensee immediately ejected that
person, and/or caused the person to be arrested, the
licensee would lose $50,000. We believe the intent of the
ordinance is that we should have sufficient security
personnel so that if someone throws such an object, we can
stop that person and then there would be no violation by the
licensee of the ordinance. Similar problems are involved
with each provision of Section VIII. We believe that the
intent can be accomplished by adding the following language
at the beginning of Section VIII:
"The licensee shall not knowingly allow the
continuation of the following prohibited activities and if
such activities are discovered by licensee, licensee shall
take whatever action is reasonably needed to terminate the
following".
In regard to the use of the bond as a penalty, the amount of
the bond to be so used, should be related to the level of
danger to public health, safety and welfare caused by any
violation. For example, if the licensee failed by one day
because of a clerical error to pay a portion, however small,
of real estate taxes due, the licensee would forfeit $50,000
because the licensee technically violated the law. To
eliminate that problem, we recommend you amend the second
paragraph of Section VIII to read as follows:
The conditions of the obligation of the bond or letter
of credit shall be such that if the licensee shall
comply with the terms of the license or any
modification, extension or renewal thereof and all
pertinent laws of the State of Minnesota and the City
of Shakopee and that if the licensee shall further pay
when due all taxes, licenses, penalties and other
charges provided by law and it shall further provide
that in the event of any violation of the provisions of
the license or relevant law, that all or a portion of
such bond or letter of credit, to be determined after a
hearing by the City Council as being reasonable related
to the costs incurred by the City because of the
violation and level of damage to public health, safety
and welfare caused by such violation shall be forfeited
Page 3
October 6, 1957
to the City of Shakopee and that if the licensee shall
pay to the extent of the principal amount of the bond
or letter of credit any amount so due thereunder or
resulting from the violation of any of the provisions
of the ordinance or law of the State of Minnesota or
the City of Shakopee then the obligation of the bond or
letter of credit shall be void otherwise shall remain
in full force and effect.
The underlined language is proposed. We incorporate by
reference the prior information submitted concerning the
other provisions of the ordinance.
Thank you for this opportunity to comment.
Very truly yours,
THE SCOTTLAND COMPANIES
Bruce D. Malkerson
Executive Vice President
BDM:lb
Enclosure
c.c. John Anderson
Dennis Kraft
Doug Wise
Julius Coller
/a. b
EXHIBIT A
F. Revocation or Suspension. The Council may, in
its sole discretion and for any reasonable cause, revoke, or sus-
pend for a period not to exceed sixty (60) days, any license
granted under the provisions of this Chapter. The Council shall
revoke the license upon conviction of any licensee or agent or
employee of a licensee for violating any law relating to the sale
G. Notice. No beer , wine or liquor license
application, or request 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
Effective Date: 4-1-78
H. Corporate Applicants and Licensees. A corporate
applicant, at the time of application, shall furnish the City with
a list of all persons that have an interest in such corporation and
the extent of such interest. The list shall name all shareholders
and show the number of shares held by each, either individually or
beneficially for others. It is the duty of each corporate licensee
to .notify the City Administrator of any change in legal ownership
or beneficial interest in such corporation or in such shares. The
Council, or any officer of the city designated by it, may at any
reasonable time examine the stock transfer records and minute books
of any corporate licensee in order to verify and identify the
shareholders, and the Council or its designated officer may examine
the business records of any other licensee to the extent necessary
to disclose the interest which persons other than the licensee have
in the licensed business. The Council may revoke any license
issued upon its determination that a change of ownership of shares
in a corporate licensee or any change of ownership of any interest
(8-15-83)
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: 1987 Budget Amendment Resolution No. 2803
DATE: September 28, 1987
Introduction
Council has taken action on or approved of many items since the first of the
year that impact on the 1987 Budget in addition to other events that affect the
budget. The attached Resolution amends the budget to reflect those changes and
other items as detailed below.
Back round
The changes are amending the Park Reserve budget to reflect the Stans grant,
pulling comparable worth adjustment out of contingency and into the
departments, minor adjustments for equipment purchases, the fire tanker carried
forward into 1987 from 1985 and 1986, and swapping items between Revenue
Sharing and the Capital Equipment fund in order to "spend down" the Revenue
Sharing Fund. The amendment also provides for replacing the police station
HVAC in 1987.
General Fund
Fire Mack Refurbish (additional) 01-4511-321-32 $ 8,000
Tank truck 01-4511-321-32 108,000
Comparable worth adjustments 01-4100-121-12 2,800
01-4100-131-13 900
01-4100-151-15 10,000
01-4100-171-17 5,200
01-4100-311-31 7,400
01-4100-331-33 2,400
01-4100-181-18 2,750
01-4100-411-41 2,750
Police HVAC replacement 01-4230-311-31 50,000
Clean-up program 01-4310-319-31 11,773
Comm. Dev. Energy Grant 01-4100-178-17 3,090
01-4210-178-17 5,050
Unallocated Comm. Recreation transfer 01-4710-911-91 1,216
Park Reserve - Stans Park Equipment 13-4519-000-00 18,735
Stans Park Equipment $8,000
Memorial Park gate/lights $10,735
Transit
Dial-a-Aide transit services 14-4370-142-14 15,020
Dial-a-Ride advertising 14-4319-142-14 2,500
Van Pool advertising 14-4370-143-14 3,000
State Grants 14-3320 20,520
Capital Ecuinment - Transfers 17-4700-000-00 92,600
increase for Mack rebuild $8,000
add snow blower $37,000
delete police 4x4 $18,000
delete traffic counters $6,200
delete eng. CADD system $15,500
add fire tanker $108,000
delete police unmarked car $7,700
delete police chief car $13,000
Revenue Sharing - Transfers 12-4700-000-00 15,618
delete snow blower $37,000
add police 4x4 $17,384
decrease gang mower by $4,050
add CADD system $14,445
add traffic counters $6,210
add police unmarked car $5,062
add police chief car $11,443
increase police visibar $240
increase squads $1,884
Action Requested
Offer Resolution No, 2803, A Resolution Amending Resolution NO. 2635 Adopting
the 1987 Budget, and move its adoption. _
G
Resolution Number 2803
A Resolution amending Resolution Number 2635 adopting the 1987 Budget.
WSREAS, the Shakopee City Council did pass Resolution No. 2635 adopting
the 1987 Budget, and
WHEREAS, subsequent events and circumstances make it desirable to amend
said budget,
NOW. THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shakopee, Minnesota, that the 1987 Budget is hereby amended by the following
amounts,
General Fund
Administration personal $2,800
Clerk Personnel 900
Finance Personnel 10,000
Community Dec. Personnel 8,290
Supplies/Services 5,050
Government Buildings Personnel 2,750
Police Personnel 7,400
Supplies/Services 61,773
Capital (5,282)
Fire Capital 116,000
Inspection Personnel 2,400
Engineering Personnel 2,750
Park Capital (2,500)
Unallocated Transfer 1,216
Unallocated Contingency (97,189)
General Fond subtotal 116,358
Capital Equipment Fund
Transfers 92,600
Revenue Sharing
It.fere 15,618
Transit Fad
Supplies and Services 20,520
Park Reserve Fund
Capital Improvements 10,735
Total Expenditures and Transfer Increases $255,831
General Fund - Transfers from Capital Equipment 92,600
General Find - Transfers from Steam Sharing 15,618
General Fund - Grants 8,140
Capital Equipment - fund balance 92,600
Revenue Sharing - fund balance 15,618
Transit - State Aid 20,520
Park Reserve Food - fund balance 10.735
Total source of funds $255,831
Adopted instun of the City Council of the City of
Shakopee, Minnesota, held this se day of , 1987.
ATTEST: Mayor of the City of Shakopee
City Clerk
Approved as to form this
day of , 1987.
City Attorney
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: 1988 Budget Resolutions
DATE: September 30, 1987
Introduction
Attached are Resolution Number 2815 which consents to the HRA tax Levy,
Resolution Number 2814 which sets the 1987/88 tax levy and Resolution Number
2816 which cancels certain debt service levies. These are in accordance with
the discussion and decisions made at previous Council meetings.
Background
The levy for 1986/87 was reduced from 1985/86 by $83,535 in an effort by
Council to hold down the taxes. Also, for 1987 there is a transfer in for
administrative costs for 1979 - 1987 for TIF projects. The 1987 transfer is
scheduled to be $364,000 while the transfer for 1988 is scheduled to be only
$74,000.
The tax levy for payable 1988 is a dollar increase of $332,729 over 1986/87
which is a 248 increase. There are three prime reasons for the increase. 1.
There is about $290,000 less to be transferred in for TIF expenses. 2. Most
revenue sources are not increasing to match the steadily increasing cost of
operations. This puts a proportionately greater burden on the tax levy because
it is only a part of the revenues but is the part that Council can increase. 3.
The legislature has changed the property tax system for 1988 and later. The
following is a quote from the House of Representative's Research Department
presentation to the House Tax Committee.
"One sidelight from the behavioral incentives standpoint is that to
the extent that local governments have discretion over the amounts they
levy for taxes payable in 1988, they have a one-time incentive to levy a
large amount in this last year under the old system since the amount of
homestead credit received in 1988 becomes the base for determining the
amount of homestead credit replacement aid for all years into the future.
Partly in anticipation of the effect, the legislature imposed
extremely "tight" levy limitations for 1988. However, the levy limit
appeals process instituted may serve to undermine the goal sought by
tight levy limits. Also, school referendum levies, which are necessarily
outside of levy Limits, may be expected to exhibit unusual popularity. "
What this means is that the more the City raises taxes for payable 1988,
the more homestead credit replacement aid it can capture for the future. This
is a one time opportunity. Shakopee appealed the tight levy limit imposed by
the State and won an increase in our levy limit of $363,000.
The new levy limit for Shakopee is $1,850,734 and the attached resolution
sets the levy at $1,738,729 which is $112,005 less than the limit. This is
after cancelling all special levies in order to maximize the general levy. We
have cancelled special levies in order to maximize the general levy for many
years. In 1988 the City will be transferring funds from the General Fund into
the debt service funds. This moves the monies that will be collected in the
General Fund as part of the general levy into the service debt funds as the
replacement for the cancelled special levies. The transfers are reflected in
Resolution No. 2816.
The mill rate target for 1988 is a 4.8 mill increase over 1987. This
increase is expected to be offset by a 4 mill reduction in the school levy. The
city millrate is expected to be 22.6 mills compared to a 22 city average mill
rate of 21.3 for 1987 and a 29 mill average for Scott county cities for 1987.
Action
Offer Resolution Number 2814, A Resolution Approving 1987 Tax Levy,
Collectable In 1988, and move its adoption.
Offer Resolution Number 2815, A Resolution Consenting To The Levy Of A
Special Tax By The Housing And Redevelopment Authority In And For The City Of
Shakopee, and move its adoption.
Offer Resolution Number 2816, A Resolution Directing The County Auditor Not
To Levy A Tax For Debt Service For Selected Bond Issues, and move its adoption.
RESOLUTION NO 2814
A RESOLUTION APPROVING 1987 TAX LEVY, COLLECTIBLE IN 1988
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT,
MINNESOTA, that the following sums of money be levied for the current year,
collectible in 1988, upon the taxable property in the City of Shakopee, for the
following purposes:
GENERAL FUND LEVY $1,738,729
SPECIAL LEVIES:
Public Pension Funds
TOTAL SPECIAL LEVY
TOTAL GENERAL FUND 1,738,729
DEBT SERVICE SPECIAL LEVY
-0-
TOTAL LEVY
$1.738,729
BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a
certified copy to this resolution to the County Auditor of Scott County,
Minnesota.
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
RESOLUTION NO. 2815
A RESOLUTION CONSENTING TO THE LEVY OF A SPECIAL
TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF SHAKOPEE
WHEREAS, the Housing and Redevelopment Authority in and for the City of
Shakopee was created pursuant to Minnesota Statutes, Section 462.411 at. seq. ,
as amended, and
WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory
within the area of operation of the authority as taxing districts for the
purpose of levying and collecting a special benefit tax, and
WHEREAS, Section 462.545 states that the special levy shall not exceed 10
cents on each $100 of taxable valuation in the area of operation, and
WHEREAS, MSA 273.1102 states that any tax rate shall not exceed 33.33 percent
of such maximum tax rate specified by law or charter.
WHEREAS, Section 462.545 states the governing body of the municipality must
give its consent to such a tax levy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the City Council consents to and joins in a special tax levy of
$25,000 by the Housing and Redevelopment Authority in and for the City of
Shakopee for taxes payable in 1988.
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
RESOLUTION NO 2816
A RESOLUTION DIRECTING THE COUNTY AUDITOR NOT TO LEVY A
TAX FOR DEBT SERVICE FOR SELECTED BOND ISSUES
WHEREAS, the City of Shakopee has issued various bonds supported in whole or
in part by tax levies; and
WHEREAS, the tax levies for the various bond issues were set at the time of
bond sales; and
WHEREAS, the City Council of the City of Shakopee has determined to have
sufficient funds on hand to cancel certain tax levies for 1987/88.
NOW, THEREFORE, BE IT RESOLVED that the County Auditor of Scott County is
hereby directed not to levy a tax for the bond issues and amounts as shown
below:
Public Service Building Bonds $106,134
1977B Improvement Bonds 67,248
1980A Improvement Bonds 55,401
1985A Improvement Bonds 6,396
1986A Improvement Bonds 34,460
1986B Improvement Bonds 29,096
1986A Refunding Imp. Bonds 52,577
1987A Improvement Bonds 3,311
BE IT FURTHER RESOLVED that the following irrevocable fund transfers be made
in 1988.
From the General Fund to;
1985A Improvement Fund $ 6,396
1986A Improvement Fund 34,460
1986B Improvement Fund 29,096
1986A Refunding Fund 52,577
1987A Improvement Fund 3,311
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
�e✓/Se� ��f
RESOLUTION NO 2816
A RESOLUTION DIRECTING THE COUNTY AUDITOR NOT TO LEVY A
TAR FOR DEBT SERVICE FOR SELECTED BOND ISSUES
WHEREAS, the City of Shakopee has issued various bonds supported in whole or
in part by tax levies; and
WHEREAS, the tax levies for the various bond issues were set at the time of
bond sales; and
WHEREAS, the City Council of the City of Shakopee has determined to have
sufficient funds on hand to cancel certain tax levies for 1987/88.
NOW, THEREFORE, BE IT RESOLVED that the County Auditor of Scott County is
hereby directed not to levy a tax for the bond issues and amounts as shown
below:
Public Service Building Bonds $106,134
1977B Improvement Bonds 67,248
1980A Improvement Bonds 55,401
1985A Improvement Bonds 6,396
1986A Improvement Bonds 34,460
1986B Improvement Bonds 29,096
1986A Refunding Imp. Bonds 52,577
1987A Improvement Bonds 3,-H-1 4,473
BE IT FURTHER RESOLVED that the following irrevocable fund transfers be made
in 1988.
From the General Fund to;
1985A Improvement Fund $ 6,396
1986A Improvement Fund 34,460
1986B Improvement Fund 29,096
1986A Reiunding Fund 52,577
1987A Improvement Fund -3-,-3+1 4,473
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of 1987.
ATTEST: Mayor of the City of Shakopee
City Clerk
Approved as to form this day
of 1987.
City Attorney
MEMO TO: John K. Anderson, City Administrator
FROM: Steve Hurley, Engineering Technician �� LOYlQD1l1
SUBJECT: Amendment of Resolution 2451
Adopting Assessments for Valley Park Drive
and 12th Avenue
DATE: September 30, 1987
INTRODUCTION:
Resolution No. 2451 adopting assessments to Valley Park Drive &
12th Avenue needs to be amended.
BACKGROUND:
Parcel 27-910003-0 was split in 1982 into 27-910003-0 and
27-910003-1 .
When Valley Park Drive was extended and 12th Avenue was
constructed in 1986 the construction costs were apportioned but
parcel 27-910003-1 was not included. However, the apportionment
to 27-910003-0 included the area that was actually 27-910003-1 .
Consequently the dollar amount assessed to 27-910003-0 and 27-
910003-1 needs to be corrected.
RECOMMENDED ACTION:
Adopt Resolution No. 2818 amending assessments.
REQUESTED ACTION:
Offer Resolution No. 2818, A Resolution Amending Resolution No.
2451 Adopting Special Assessments for Project No. 1984-2, Valley
Park Drive and 12th Avenue by Roadway Construction and move its
adoption.
SH/pmp
MEM2818
RESOLUTION NO. 2818
A RESOLUTION AMENDING RESOLUTION 2451 ADOPTING
SPECIAL ASSESSMENTS FOR PROJECT NO. 1984-5
VALLEY PARK DRIVE AND 12TH AVENUE
BY ROADWAY CONSTRUCTION
WHEREAS, Shakopee City Council adopted Resolution No. 2451
on October 1 , 1985 adopting special assessments for Valley Park
Drive & 12th Avenue roadway construction,
WHEREAS, the apportionment of special assessments to Parcel
No. 27-910003-0 owned by Valley Industrial Park LTD also included
Parcel No. 910003-1 which was not assessed, and
WHEREAS, that amount assessed to Parcel No . 27-910003-0
needs to be corrected to accurately reflect that portion of the
assessment which belongs to Parcel No. 27-910003-1 .
NOW THEREFORE BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF
SHAKOPEE MINNESOTA:
That Resolution No. 2451 is amended to show the assessments
to Parcel No. ' s 27-910003-0 and 27-910003-1 .
Adopted in session of the Shakopee City Council 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
EXHIBIT "A" (DEFERRED)
1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT
VALLEY PARK DRIVE FROM T.H. 101 TO 12TH AVENUE
AND 12TH AVENUE FROM VALLEY PARK DRIVE TO
COUNTY ROAD 83
PREPARED: 9/27/85
ADOPTED: 10/1/85
REVISED: 10/6/87
! i !ASSESSMENT ! !
I OWNER i DESCRIPTION 1 UNITS !ASSESSMENT! TOTAL
127-909012-0 ! ! I
!Valley Ind. Park LTD 19 115 22 82.87 1 I
1$Scottland, Inc. INE 1/4 Ex 74 .45 15120 F.F. 1 $52.7925211 $270,297 .71
15244 Valley Ind. ParklPlatted as ! ! ! !
IP.O. Box 39 !Valley Park 3rd I I I !
!Shakopee, MN 55379 IEx 2.68 A I I ! I
! 127-910003-0 ! 1 1
(Valley Ind. Park LTD 110 115 22 ! ! ! {
1$Scottland, Inc. - 1125.03 SW 1/4 13650 F.F. 1 $52.7925211 $192,692.70 1
15244 Valley Ind. ParkINE 1/4 & S 1/2 1 1 ! !
!P.O. Box 39 !NW 1/4 & 5.03A 1 ! ! !
!Shakopee, MN 55379 !In NW 1/4 NW 1/41 ! ! !
! ! ! TOTAL ASSESSMENT i $462,490.41 !
EXHIBIT "B" (UNDETERRED)
1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT
VALLEY PARK DRIVE FROM T.H. 101 TO 12TH AVENUE
AND 12TH AVENUE FROM VALLEY PARK DRIVE TO
COUNTY ROAD 83
PREPARED: 9/27/85
ADOPTED: 10/1/85
REVISED: 10/6/87
I i !ASSESSMENT ! i
I OWNER 1 DESCRIPTION i UNITS :ASSESSMENT ! TOTAL i
I I I i i I
127-910003-0 : :
(Valley Ind. Park LTD 110 115 22 i i
I%Scottland, Inc. ISW 1/4 NE 1/4 11930 F.F. : $52.7925211 $101 ,889.57 1
15244 Valley Ind. Park! & S 1/2 NW 1/4 1 i I I
1P.O. Box 39 1 & 5.03A in NW :
!Shakopee, MN 55379 11/4 NW 1/4 :
1 127-910003-1 I 1 I i
!Valley Ind. Park LTD 110 115 22 : i
Mcottland, Inc. 171 .80 N 1/2 11735 F.F. : $52.792521 : $91 ,595.02
15244 Valley Ind. Park :NW 1/4 EX 5.03A I : : ;
! P.O. Box 39 1EX 4 .5 A, Ex I : : i
!Shakopee, MN 55379 12.45A, EX .4A i
i 1 & W 340' NW 1/4 1 :
i :NE 1/4 EX N 82411 :
i i i TDTAL ASSESSMENT : $193,484.59
ct
MEMO TO: John K. Anderson, City Administrator
FROM: Ken Ashfeld, City Enginee *— �J-
SUBJECT: Reconsideration of Resolution No. 2791
13th Avenue Assessments
DATE: October 2, 1987
INTRODUCTION A BACKGROUND:
At their September 8, 1987 meeting, Council adopted Resolution
No. 2791 adopting the assessments for the 13th Avenue (C. R. 89-
East) project. At the hearing, the owner of LPV 1st Addition
indicated that he thought the square footage of that particular
addition was wrong.
Engineering verified that the square footage of LPV addition did
change slightly due to the platted width of 13th Avenue right-of-
way . In addition to this change, the project is now for enough
along that the contingency funds can be eliminated.
The net result is approximately a 9% reduction of all
assessments.
RECOMMENDATION:
I recommend that Council reconsider Resolution No 2791 , amend
Resolution No. 2791 to include the revised assessment role, and
adopt Resolution No. 2791 .
REQUESTED ACTION:
1 . Move to reconsider Resolution No. 2791 .
2. Move to amend Resolution No. 2791 to include the revised
assessment role as revised on October 1 , 1987 .
3. Offer Resolution No. 2791 , A Resolution Adopting Assessments
for 13th Avenue from C.R. 89 to the East Corporate Limits,
Project No. 1986-9 and move its adoption.
KA/pmp
MEM2791
RESOLUTION NO. 2791
A Resolution Adopting Assessments
for 13th Avenue from C.R. 89 to the
East Corporate Limits
Project No. 1986-9
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and
passed upon all objections to the proposed assessments of:
13th Avenue from C.R. 89 to the East Corporate Limits by
Street Improvements
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1 . That such proposed assessment together with any
amendments thereof, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special
assessment against the lands named herein and each tract therein
included is hereby found to be benefitted by the proposed
improvements in the amount of the assessments levied against it.
2 . Such assessments shall be payable in equal annual
installments extending over a period of ten (10) years, the first
installment to be payable on or before the first Monday in
January , 1988 , and shall bear interest at the rate of _
percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added
the interest on the entire assessment from the date of this
resolution until December 31 , 1987 , and to each subsequent
installment when due shall be added the interest for one year on
all unpaid installments.
3. The owner of any property so assessed may , at any time
prior to certification of the assessment to the County Auditor,
pay the whole of the assessment on such property , with interest
accrued to the date of payment, to the City Treasurer , except
that no interest shall be charged if the entire assessment is
paid within thirty ( 30 ) days from the adoption of this
resolution ; he may thereafter pay to the County Treasurer the
installment and interest in process of collection on the current
tax list, and he may pay the remaining principal balance of the
assessment to the City Treasurer.
4. The Clerk shall file the assessment rolls pertaining to
this assessment in his office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in
the following year on the assessment on each parcel of land
included in the assessment roll.
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
13th AVENUE COSTS
Contract Cost $166,088.74
Engineering 38,000.00
Administration 1 ,660.88
Bonding 3,831.00
R-O-W & Legal 8,355.09
Printing 179. 10
TOTAL $218, 114.81
Assessed Cost (82%) $178,854. 14
City Cost (18%) 39,260.67
$218, 114.81
7 Ton Roadway $155,047.67
9 Ton Roadway 23,806.47
Total Assessed Cost $178,854. 14
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MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, C'ty Clerk
RE: Park Dedication '
DATE: September 17, 198
INTRODUCTION:
On July 14th, Council directed Staff to allow for issuance
of a building permit to Mount Olive Evangelical Church without
park dedication fees being paid pending resolution of questions
regarding park dedication fee. Pursuant to your request to draft
an ordinance exempting all local non-profit community service
organizations classified as 501 C (3) from a park dedication fee,
the attached ordinance is presented.
BACKGROUND:
Based on July 14th Council discussion and prior Staff
research, it appears that no park dedication has been charged for
new construction or additions for churches, county buildings, the
hospital, and the new women' s correctional facility. Based on
discussion at the July 14th meeting, the majority of Council
members were leaning towards continuing that practice, but were
concerned that an ordinance providing for an exemption be
carefully drafted.
One concern was that park dedication not be waived for
construction by non-profit groups of hospitals, apartment
buildings or senior citizen facilities. (Facilities not actually
used by the organizations) .
The subdivision ordinance requires at the time of platting,
that a portion of the subdivision be dedicated for public use.
The developer may make a cash contribution in lieu of land
dedication. If a cash contribution is desirable and if the
developer so requests, it can be spread over ten years and paid
at the time a building permit is applied for. It is then
inserted into the developers agreement. If it is Councils desire
to exempt some applicants from the park dedication, additional
language could be added to the subdivision ordinance providing
for exemption. Staff would then have permission to not charge
the park fee and release the developers agreement with the park
fee unpaid because of exemption clause (which would come into
effect when a building permit application is submitted and the
use of the property is known) .
ALTERNATIVES:
1) Possible uses for exemption to the park
dedication fee requirements:
a) Clubs
b) Churches
c) Service Organizations
d) Local Government Buildings
e) Schools
These organizations are already exempt from taxes, on the
other hand they are not bringing people to the community who will
frequent parks as do businesses and residential units.
2) Charge park dedication fee per ordinance.
3 ) Charge a lessor fee.
4) Charge no fee.
DEFINITIONS•
1) "Church" - Section 11.02 Subd. 20 - A
building, together with its accessory
buildings and uses, where persons regularly
assemble for religious worship and which
building, together with its accessory
buildings uses, is maintained and controlled
by a religious body organized to sustain
public worship.
2) "Club" - Section 11.02 Subd. 32 - Any
establishment operated for social,
recreational or educational purposes but open
only to members and not the general public.
3) "Service Organization" - not defined in
zoning ordinance or listed as a use in any
zoning districts.
4) "Local Government Buildings" - not defined in
zoning ordinance but listed as permitted use
with a Conditional Use Permit in the AG and R
zoning districts.
5) "Schools" - not defined in zoning ordinance
but listed as a permitted use with a
Conditional Use Permit in the AG and R zoning
districts.
NOTE: The City Code permits gambling in the City only if
lawful and only if it is operated, conducted, or sold by any
fraternal, religious, veterans or other non-profit organization,
(which carries on its activities in and is located and based in
the City. )*
ATTACHMENTS:
The City Attorney has prepared two draft ordinances for
discussion and consideration.
Alternative 1 - exempts from the park dedication
requirements all churches, schools, local government buildings,
clubs, and other non-profit organizations *(which carry on its
activities in and is located and based in the City) .
Alternative 2 - sets a $500.00 maximum (which can be changed
if Council wishes) park dedication for the same parties, per
parcel or per building permit, whichever is less.
RECOMMENDATION:
If Council desires to change the current park dedication per
current subdivision ordinance, Council should decide on an
amended ordinance and send it to the Planning Commission for
their consideration and required public hearing.
JSC/t1v
ORDINANCE NO. 913
Fourth Series
An Ordinance of the City of Shakopee Amending Shakopee City Code
Chapter 12 Entitled "Subdivision Regulations (Platting)" By
Adding Certain Exemptions to E of Subd 5 of Sec 12.07 Providing
for Certain Exemptions of Required Park Dedication Fees and by
Adopting by Reference Shakopee City Code Chapter l and Adopting
By Reference Section 12.99, which, among other things, contain
Penalty Provisions
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, :MINNESOTA ORDAINS:
SECTION I: Exemption from Reguirements of E of Subd 5 of Sec 12.07
1. Churches, schools, local government buildings, clubs and other non-profit
organizations which carry on its activities in and is located and based in the City
of Shakopee shall be exempt from the requirements of E Subd 5 of Sec 12.07.
2. If the property has been platted and a park dedication fee has been
recorded against a parcel upon which a building permit is applied for because of
any of the aforementioned, the park dedication requirement shall be released without
payment.
3. The exemption provided hereby is not applicable to any organization building
a structure that is not actually based in Shakopee and occupying and carrying on its
activities in the structure.
SECTION II: Adopted by Reference
The general provisions and definitions applicable to the entire City Code including
penalty provisions of Chapter 1 and Section 12.99 entitled "Violations a Petty Misde-
meanor" are hereby adopted in their entirety by reference as though repeated verbatim
herein.
SECTION III: Separability
Each and every section, part and provision of this Ordinance is separable from
each and every Dart and if any provision , section or part is declared illegal or
unenforceable by a court of law, such declaration or finding shall not invalidate
any other provision, portion, section or part hereof.
SECTION IV: When in force and effect
After the adoption, signing and attestation of this Ordinance, it shall be
published once in the official newspaper of the City of Shakopee and shall be in
full force and effect on and after the date following such publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
This ordinance was prepared and approved
as to form by
ity Attorney
MEMO TO: John K. Anderson, City A inistrator
FROM: Judith S. Cox, City Clem
RE: Apportionment of Assessments for Behringer First
Addition
DATE: September 15, 1987
INTRODUCTION•
As a result of the platting of Behringer First Addition, it
is necessary to apportion the existing special assessments among
the two newly created lots.
BACKGROUND:
The attached Resolution apportions the existing special
assessments equally against the two new lots in Behringer First
Addition.
The two property owners have been notified of the proposed
apportionment.
ALTERNATIVES•
1) Apportion Assessments.
2) Do Not Apportion Assessments.
RECOMMENDATION:
Alternative No. 1, apportion assessments.
RECOMMENDED ACTION:
Offer Resolution No. 2802, A Resolution Apportioning
Assessments AmongNew Parcels Created As A Result Of The
Subdivision Of Land Into Behringer First Addition, and move its
adoption.
(2-J
RESOLUTION NO. 2802
A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED
AS A RESULT OF THE SUBDIVISION OF LAND INTO BEHRINGER FIRST
ADDITION.
WHEREAS, on March 7, 1978 Resolution No. 1219 adopted by the
City Council levied assessments against properties benefitted by
construction of the 1971-1 Improvement Project, and
WHEREAS, prior to annexation of Eagle *Creek Township to the
City of Shakopee, sewer and water improvements were made and
assessments were levied against benfitting properties for
projects 69 and 69-1A (Code 20) , and
WHEREAS, a tract of land benefitted by the said improvements
has been subdivided into the plat of Behringer First Addition,
and
WHEREAS, it is the desire of the City Council to apportion
the installments remaining unpaid against the parcels resulting
because of the platting of Behringer First Addition; and
WHEREAS, the property owners involved have been notified of
this proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE:
1) That the 1987 payable remaining balance of
assessments to parcel 27-904-010-1 is
$1,066.84 for the 69 and 69-1A sewer and
water improvements (Code 20) and is $1,975.00
for the 77-1 improvement project (Code 44)
and are hereby apportioned as follows:
AMOUNT
PARCEL NO. NAME/ADDRESS LEGAL DESCRIPTION CODE 20 CODE 44
69, 69-1A 77-1
132-001 Cecil Behringer Lot 1, Block 1 $533.42 $987 .50
4204 Mavelle Drive
Edina, MN 55435
132-002 Joan Behringer Lot 2, Block 1 $533.42 $987.50
CD Jeffrey Koznick
903 Marquette Avenue
Minneapolis, MN 55402
2) That all other parts of Resolution No. 1219
shall continue in effect.
Adopted in regular Session of the City Council of the City
of Shakopee, Minnesota, held this 6th day of October, 1987.
Resolution No. 2802 (Cont. )
Mayor of the City of Shakopee
City Clerk
Approved as to form this
day of 1987.
City Attorney
n /2K
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MEMO TO: John K. Anderson, City Addnistrator W,
FROM: Judith S. Cox, City C1erkL)
RE: Approtionment of Assessmentfor Heritage Place
DATE: September 15, 1987
INTRODUCTION:
As a result of the platting of Heritage Place, it is
necessary to apportion the existing special assessments among the
newly created lots.
BACKGROUND:
The attached Resolution apportions the existing special
assessments against the new lots in Heritage Place.
The property owners have been notified of the proposed
apportionment.
ALTERNATIVES:
1) Apportion Assessments.
2) Do Not Apportion Assessments.
RECOMMENDATION:
Alternative No. 1, apportion assessments.
RECOMMENDED ACTION:
Offer Resolution No. 2804, A Resolution Apportioning
Assessments Among New Parcels Created As A Result Of The
Subdivision Of Land Into Heritage Place, and move its adoption.
RESOLUTION NO. 2804
A RESOLUTION APPORTIONING ASSESSMENT AMONG NEW PARCELS CREATED AS A RESULT OF THE
SUBDIVISION OF LAND INTO HERITAGE PLACE.
WHEREAS, on July 22, 1975 Resolution No. 860 Adopted by the City Council
levied assessments against properties benefitted by construction of the 1974-1
Improvement Project, and
WHEREAS, on August 25, 1981 Resolution No. 1891 adopted by the City Council
levied assessments against properties benefitted by construction of the 1981-1
VIP Interceptor, and
WHEREAS, a tract of land benefitted by the said improvements has been
subdivided into the plat of Heritage Place, and
WHEREAS, the property owners involved have been notified of this proposed
action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE:
1. That the 1987 payable remaining balance of assessments to
parcel 27-908022-0 is $762.04 for the 1974-1 Improvement
Project and is $4,660.20 for the 1981-1 VIP Interceptor; and
the 1987 payable remaining balance of assessments to parcel
27-908027-0 is $11,451.73 for the 1981-1 VIP Interceptor and
are hereby apportioned as follows:
AMOUNTS
LEGAL Code 38 Code 55
PARCEL NO. NAME/ADDRESS DESCRIPTION 74-1 VIP
27-133018-0/030-0 Eugene F. Hauer Lots 1-13, Blk 3 26.28 160.70
27-133043-0/053-0 2088 Hauer Trail Lots 13-23, Blk 4 26.28 160.70
27-133067-0/071-0 Shakopee, MN Lots 8-12, Blk 5 26.28 160.70
CD Gardner Bros. Const.
450 East CR-D
Little Canada, MN 55110
27-133014-0/017-0 Raymond E Jane Lammons Lots 8-11, Blk 2 - 272.66
27-133040-0/042-0 1914 Eberty Court Lots 10-12, Blk 4 - 272.66
27-133054-0/056-0 St. Paul, MN 55119 Lots 24-26, Blk 4 - 272.66
27-133001-0/006-0 CD Gardner Bros. Const. Lots 1-6, Blk 1 - 272.66
27-133007-0/013-0 450 East CR-D Lots 1-7, Blk 2 - 272.66
27-133031-0/039-0 Little Canada, MN 55110 Lots 1-9, Blk 4 - 272.66
27-133057-0/059-0 Lots 27-29, Blk 4 - 272.66
27-133060-0/066-0 Lots 1-7, Blk 5 - 272.66
2. That all other parts of Resolution No. 860 shall continue in
effect.
3. That all other parts of resolution No. 1891 shall continue in
effect.
Adopted in regular session of the City Council of the City of Shakopee,
Minnesota, held this 6th day of October, 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: Appointment of Election Judges for November 3 , 1987
City Election
DATE: October 2, 1987
Introduction and Sackaround
It is necessary for Council to appoint election judges for the
upcoming election. The election judges included in the attached
resolution have been contacted by their respective Chairperson
and have agreed to work.
Alternatives
1. Approve election judges.
2. Do not approve election judges.
Recommendation
Offer Resolution No. 2811, A Resolution Appointing Judges of
Election and Establishing Compensation, and move its adoption.
JSC/jms
RESOLUTION NO. 2811 �� L
A RESOLUTION APPOINTING JUDGES OF ELECTION,
AND ESTABLISHING COMPENSATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
that:
1. The following persons are hereby appointed Judges of Election for the
five polling precincts with the City of Shakopee designated in
Resolution No. 2021, adopted July 6, 1982:
FIRST PRECINCT
Regular Judges Winnie Anderson, Chair Ann Noterman
Dorothy Breimhorst Marcie Schmitt
Lucille Odenwald Susan Niewind
Marie Kocks
SECOND PRECINCT
Regular Judges Paulette Rislund, Co-Chair Robert Kubes, Co-Chair
Anna Mae Walsh Barbara Runge
Marilyn Lang Esther Willemssen
THIRD PRECINCT
Regular Judges Maetta Jurewicz Chair Joyce Schwartz
Marinda Schmit Loretta Jaspers
Jan Gerold
FOURTH PRECINCT
Regular Judges Lillian Weinandt Chair Sylvester Gerold
Sharon Fernholz Jermayne Leavitt
Helen O'Brien Muriel Koskovich
FIFTH PRECINCT
Regular Judges Virgilla Ceske Chair Carol Link
Rudy Maurine Thea May
Joan Hart Louise Vyskocil
Resolution No. 2811
Page Two
2. The Election Judges shall be compensated for their work at the rate
of $3.40 per hour and the Chairperson of the Election Judges shall be
compensated at the rate of $3.90 per hour.
3. The proper officials be and hereby are authorized and directed to do
and perform all acts necessary to carry out the terms, intents, and
purposes of this Resolution.
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
Memo To: John K. Anderson, City Administrator
From: Marilyn M. Remer, Sr. Acct'g. Clerk
Re: Certification of Delinquent Storm Drainage Utility Bills
Date: October 2, 1987
Information
pursuant to Ordinance 176, past due storm drainage utility bills in excess
of ninety (90) days past due of October 1st of any year, may be certified to
the County Auditor for collection with real estate taxes.
Background
Attached are lists of delinquent storm drainage utility accounts and
Resolution No. 2819 certifying such to the 1988 Real Estate Taxes. Notices
have been sent to these property owners advising them of this action.
Action Reauested
Move to adopt Resolution No. 2819, a Resolution Certifying Delinquent Storm
Drainage Utility Bills for Collection on the Tax Rolls payable 1988.
RESOLUTION NO. 2819
A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE
UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1988
WHEREAS, the Shakopee City Council did create a storm drainage utility
pursuant to Ordinance Number 176; and
WHEREAS, the storm drainage utility is supported by user fees collected by
utility bills; and
WHEREAS,some utility bills are delinquent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SHAKOPEE, MINNESOTA,
that the delinquent storm drainage utility bills on the attached are hereby
certified to the Scott County Auditor for collection with the 1988 property
taxes.
Adopted in session of the City Council of the City of the
Shakopee, Minnesota, held this 6th day of October, 1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this _ day
of October, 1987.
City Attorney
SPECI4L ASSESSMENT ROLLS `
PID MIMIC CO LEVY q1T
2700102-0 27 73 114.45
270010300 27 73 $14.45
270010310 27 73 114.45
270010390 27 73 1213.45
2270010380 27 73 $87.19
270010390 27 73 $21.78
270010590 27 73 1153.43
270010601 27 73 1200.03
270010611 27 73 $35.88
270010720 27 73 $60.03
270011420 27 73 148.04
270011501 27 73 $43.25
270011650 27 73 $75.2
270011901 27 73 $36.65
270011940 27 73 $14.45
270012210 27 73 WAS
270012230 27 73 $14.45
270012420 27 73 113.02
270012900 27 73 114.45
270013020 27 73 $14.45
270013300 27 73 137.15
270013640 27 73 522.24
270014090 27 73 $48.04
270014100 27 73 SM85
270015120 27 73 $14.45
270015200 27 73 $10.85
270015430 27 73 $10.85
270015800 27 73 514.45
270016000 27 73 110.85
270016340 27 73 $34.20
270017180 27 73 $10.85
270017600 27 73 $10.85
270017820 27 73 $34.20
270013200 27 73 WAS
270018450 27 73 $14.45
270020260 27 73 $48.04
270090050 - 27 73 514.45
270040050 27 73 $14.45
270040130 27 73 $14.45
270040230 27 73 $14.45
270040850 27 73 $14.45
270041050 27 73 $44.34
270041060 27 73 $M4 34
270MI150 27 73 519.07
270041180 27 73 166.60
270041250 27 73 1131.72
270041660 27 73 114.45
270041690 27 73 WAS
270041710 27 73 WAS
MD8059D 27 73 $14.45
270100170 27 73 $14.45
270120090 27 73 54}.04
270120640 27 73 $22.24
270150120 27 73 $7.55
270150140 27 73 $118.322
270170160 27 73 $14.45
SPECIAL ASSESSMENT ROLLS
FID NLNIC CD LEVY MR
2270170260 27 73 $14.45
270170400 27 73 $14.45
270170630 27 73 $14.45
270170730 27 73 $14.45
270170790 27 73 $14.45
270240360 27 73 $14.45
2270240400 27 73 $14.45
270310020 27 73 $14.45
270310100 27 73 $19.45
270360150 27 73 $19.45
270360470 27 73 !14.95
270360670 27 73 $14.45
270360680 27 73 $15.17
270360760 27 73 $14.45
270370110 E7 73 614.45
270400290 27 73 $14.45
270400480 27 73 $14.45
27D410010 27 73 $14.45
270410080 27 73 $14.45
27041010D 27 73 $14.45
270430030 27 73 !14.45
270930060 27 73 $14.95
270470010 27 73 $19.45
270470210 27 73 $14.45
270500050 27 73 $14.45
270520100 27 73 $14.45
270530010 27 73 $14.45
270530080 27 73 $14.45
270560140 27 73 $14-95
270570070 27 73 $6.17
270590010 27 79 $14.45
2705900M0 27 73 $14.45
2270600040 27 72 $14 45
c 0500100 t14 45
2?061;240 514.45
2700620160 27 73 $14.45
'270620040 27 73 $14.45
270630090 27 73 $19.45
270630180 27 73 !19.45
270650320 27 73 $14.45
270740150 27 73 114 AS
270750020 27 73 !210.09
270790010 27 73 $208.99
270820140 27 73 114.45
2270830060 27 73 $14.45
270840060 27 73 $19.45
270660020 27 73 !_33.57
270890050 27 73 $12.90
270920030 27 73 $14.45
270920070 27 73 $13.72
2270920180 27 73 $14 45
270920270 27 ... $13.72
270920370 2. 73 4±4.45
270920400 27 73 $14 45
270920460 27 7'- $14.45
27D920470 _. 73 114.45
SPECIAL ASSE"MENT POLLS
PID HUNK CD LEVY AHT
271020030 27 73 514.45
271020140 27 73 519.45
271040010 27 73 533.53
271040030 27 73 $41.30 -
271040040 27 73 $21.87
209527 73 $28.79
271040070 27 73 $14.45
271060030 27 73 $14.45
271110020 27 73 $24E.96
271120130 27 73 $14.45
271230040 27 73 513.57
279030070 27 73 $743.85
279030131 27 73 5170.80
279050020 27 73 $126.61
279050070 27 73 $539.90
279050080 27 73 1189.56
279050110 27 73 $67.80
279050260 27 73 $869.68
279050£80 27 73 51342.70
27906014D 27 73 $5.29
279060410 27 73 $14.45
279061420 27 73 $14.45
279061470 27 7"a $14.45
279070200 27 73 $14.76
279080060 27 73 $1509.83
279080150 27 73 514.45
279080280 e^. 73 $14.45
279090122 27 73 515.35
279120140 27 73 1797.67
279120221 27 73 $13.55
279130300 27 73 $14.45
279130310 27 73 514.45
279130350 27 73 514.45
279130380 27 73 $14.45
279120550 27 73 514.45
279130640 27 73 $14.45
279140012 27 73 $599.88
279140060 27 73 $14.45
279140070 27 73 $14.45
279140090 27 73 $14.45
27-150350 27 73 614.45
279180100 27 73 $14.45
279180130 27 73 $14.45
279190010 27 79 $14.45
279190151 2? 72 $14.45
279240010 27 73 $14.45
279290010 27 73 $14.45
279290071 27 73 $14.45
279290091 27 73 $14.45
TOTAL CERTIFIED AMD UT $13262.36
END OF XEO FILE
/3I�
MEMO TO: John K. Anderson, City Administrator
FROM: Jeanette Shaner, Administrative Secretary
RE: Liquor Liability Insurance
DATE: October 5, 1987
Introduction
The City Code requires liquor and beer licensees to place their
dram shop insurance policy on file with the City within 90 days
after the effective date of their license. All licensees who do
not place their policy on file within the 90 day period are in
violation of the City Code. The 90 day period expired October 1,
1987.
Background
All licensees were notified of this requirement in a memo sent to
them on July 31, 1987. On September 25, 1987 a second memo was
sent to five licensees who had not filed their insurance policy
with the City. As of today's date we have not received the dram
shop insurance policy from R. Hanover, Inc.
Alternatives
1. Set a date for a public hearing to consider the suspension
or revocation of the On Sale and Sunday Liquor Licenses
issued to R. Hanover, Inc.
2. Request Mr. Hanover to appear before the City Council to
show cause why he hasn't complied with the City Code.
3. Allow Mr. Hanover more time to comply with the City Code.
Action Requested
Discuss alternatives and direct staff with appropriate action.
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A1TXIIIIENP 'A'
PRIOR LAKE CITY TAX PER TAX DC%LLAR
CITY PORTION
CITY POP. OF TAX DOLLAR RANKING
Jordan 2871 25.3 4
Pelle Plaine 3091 23.8 7
Shorewood 4788 19.5 16
Farmington 5010 233 17
Savage 6400 19.4
Chanhassen 7853 20.9 11
25
Chaska 9582 13.5 9
Prior L_ke 9710 22.5 26
Shakopee 11236 13'1 23
Ramsey 11395 17.2
Champlin 11642 19.3 15
Stillwater 13116 24.9 3
stings 13837 25.5
Oakdale 14168 19.6 is
21
woodhury 14520 17'8 20
Anoka 15950 19.0 1
Lakeville 17865 26.3 13
Inver Grave etgs. 19549 20.5 10
Nest St. Paul 18134 21.2 6
South St.paul 20489 23'9 22
Eden Prairie 26714 17.4 2
Apple Valley 28538 26.2 24
Maplewood 28775 15.8 12
Fagan 35311 20.8
Burnsville 42583 20.4 14
Coon Rapids 42900 19.2 19
ATTACMMNT C.
CURRENT OPERATING EXPENDITURES/CAPITA - 1985
CURRENT OPERATING RANKING
CITY POP. EXPENDITURES/CAPITA SMALLEST/LARGEST
Jordan 2871 247.26 21
Belle Plaine 3091 189.50 8
Shorewood 4788 220.73 17
Farmington 5010 252.74 22
Savage 6400 194.85 10
Chanhassen 7853 232.85 18
Chaska 9582 215.31 13
Prior k 9710 210 15 12
Shakopee 11736 265.90 24
Ramsey 11395 132.43 1
Champlin 11642 215.87 14
Stillwater 13116 219.00 15
Hastings 13837 237.16 19
Oakdale 14168 139.71 2
Woodbury 14520 184.45 7
Anoka 15950 273.65 25
Lakeville 17865 175.75 6
Inver Grove Htgs. 19549 157.82 4
West St. Paul 18134 235.04 20
South St.Paul 20489 255.48 23
Eden Prairie 26714 332.07 26
Apple Valley 28538 19.04 3
Maplewood 28775 204.07 11
Fagan 35311 158.74 5
Burnsville 42583 220.08 16
Coon Rapids 42900 192.97 9