Loading...
HomeMy WebLinkAbout11/04/1987 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items - DATE: October 29, 1987 1. Attached is a memo from Marilyn Remer regarding LeRoy Houser's comp worth appeal. 2. Attached is a copy of the material used by Community Recreation in their presentation to the Lions Club Board of Directors on October 21st. George Muenchow and Randy Boom left the meeting feeling very good and are hopeful of receiving their support, to what extent, we don't know yet. 3. The new play structure for Stans Park was ordered September 29th and will take 6-8 weeks to ship. Depending upon the weather and when we receive it, it may be erected this fall or next spring. 4. Attached is a copy of a letter to Allen Frechette from the Minnesota Pollution Control Agency regarding the Scott County Highway Garage at 4th and Shumway. The County is responding to this request and we will continue to keep you posted. 5. Attached is a copy of a letter to Richard and Karen Carron from Peter Schmitt, Scott County Environmental Health, regarding unauthorized dumping of solid waste. 6. Attached is a copy of an article from Minnesota Cities entitled "Sewer backups: What's a City to do?" . 7. Attached is a copy of a letter to Bryce Huemoeller from Rod Krass regarding the Prior Lake-Spring Lake Watershed District arbitration hearing. 8. We have received from the Codifiers the next set of revisions pages for the City Code. Staff has compared our ordinances with the revision pages word-for-word as we have done in the past. There were a few minor changes done by the Codifiers to make the language consistent with the Code. (ie. the word "beer" was used instead of "non-intoxicating malt liquor" because the word beer is defined at the beginning of the chapter. ) The City Attorney has approved these minor changes. 9. Attached is a memo from Ken Ashfeld regarding yield signs on Shakopee Avenue. 10. Attached is a memo from Ken Ashfeld regarding speed limit authorization on C.R. 17 and C.R. 83 . 11. Attached is a memo from Ken Ashfeld regarding the October monthly status report. 12. Attached is the monthly calendar for November. 13. Attached is a copy of our "Business Update from City Hall" which will be sent out with the November Chamber Newsletter. 14. The City Attorney has approved the insurance policy for R. Hanover, Inc. 15. Attached is a copy of the City Attorney' s calendar for the months of July, August and September, 1987 showing his time spent on City business. 16. Attached are the agendas for the November 5, 1987 meetings of the Board of Adjustment and Appeals and Planning Commission. 17. Attached are the minutes of the October 14, 1987 meeting of the Community Development Commission. 18. Attached are the minutes of the October 8, 1987 meetings of the Board of Adjustment and Appeals and Planning Commission. 19. Attached are the minutes of the October 22, 1987 meeting of the Planning Commission. JSC/jms Memo To: John K. Anderson, City Administrator Mayor and Councilmembers From: Marilyn M. Ramer, Sr. Acct'g. Clerk/Personnel Coordinator Re: LeRoy Houser, Building Inspector Comp Worth Appeal Date: October 22, 1987 Background In a memo dated December 23, 1986, the City Administrator and Council were advised by LeRoy Houser that he had employed an attorney to investigate and possibly challenge the comp worth rating assigned him. A letter dated January 14, 1987 was received from Attorney R. Gehl Tucker requesting various pertinent information which was sent to him. Todate there has been no further communications. Information In an effort to resolve this appeal at the city level, I discussed the issues involved with LeRoy, offering him the opportunity to review his TSP (Time Spent Profile) . In doing so, he felt it did not adequately include his responsibilities for the maintenance and supervision of all city buildings and special projects. He revised his TSP accordingly. Several tasks pertaining to building maintenance, supervision, and special project coordination were added. These revisions were reviewed and approved by the City Administrator and re-submitted to PDI. As a result a new point hierarchy was received. The Building Inspector's points are now 93 compared to the previous ranking of 84. The results are satisfactory to LeRoy. He has signed the comp worth appeal procedure form Oct. 2, 1987 stating he is not pursuing further appeal. The pay rate for Building Inspector still falls within the 5 percent corridor, therefore no salary adjustment is necessary. FUNDING REQUEST PRESENTATION TO SHAKOPEE LIONS CLUB A. BACKGROUND Shakopee Community Recreation is a community agency that has functioned in Shakopee since 1954 and is jointly sponsored by the City Of Shakopee and Shakopee Public Schools. Its primary responsibility is the promotion of recreation within the community. One of the strongest programs administered is the youth softball/baseball activates, most of which are conducted under the auspices of The Shakopee Youth Baseball/Softball Association, an Auxiliary Agency of Shakopee Community Recreation. These youth baseball and softball games are played on fields owned by the School and City. 1987 participants and locations used are: Activity No's Age Location 1. Tee League Baseball 171 7-8 Sweeney 2. Pee Was Baseball 125 9-10 Sweeney 6 Pearson J. Pee Nee Softball 75 9-10 Jr. High School 4. Midget Baseball 130 11-12 Sweeney 3 Pearson 5. Midget Softball 75 11-12 Jr. High School 6. Jr. Girls Softball 59 13-15 Jr. High School d Pearson 7. Jr. Boys Baseball 59 13-15 Riverview, Jr. H. S. A Sr. H. S. 8. Mickey Mantle Baseball 18 16 Tahpah TOTAL 712 PARTICIPANTS 1987 B. PROBLEM Many of these fields were constructed 15-20 years ago. Considering the extent of usage received, they do wear out just like anything else in life. The City and School have done their best in maintaining these facilities over the years considering their budget constraints, but there are some extensive corrections needed. Because of budgetary constraints neither agency is 1n a position to pay for these corrections at this time. This is why Shakopee Community Recreation is requesting funds be made available by Shakopee Lions Club to make it possible for these needed corrections to be made, and completed, prior to 1988 baseball/softball season. Please refer to page 2 for specific information. C. REQUEST Grant an amount of money up to 916, 300.00 for the purpose of upgrading 14 baseball/softball fields in six Shakopee locations for the purpose of providing a safe, pleasurable playing environment for upwards of 700- boys and girls that are part of the Shakopee Recreation Program. 10/21/87 SHAKOPEE COMMUNITY RECREATION PROPOSAL - YOUTH BASEBALL/SOFTBALL FIELDS RENEWAL - RENNOVATION PROJECTS A. SCHOOL DISTRICT #720 PROPERTY SWEENEY ELEMENTARY 1. Replace (3) backstope (9' K 22') 9 4, 500.00 2. Replace Players benches (3 sets) (20' planks) 300.00 3. Additional Ag Lime 95.00/ton - 96 ton 500.00 PEARSON ELEMENTARY 1. Three seta players benches 300. 00 2. Additional Ag Lime -80 ton 400.00 Sr. High School 1. Grading of three fields. 2. Agricultural Lime (3 fields) 480 ton 2,500. 00 3. Three sets players benches 300. 00 Jr. High School 1. Skinning of three fields 2. Agricultural Lime three fields 480 ton 2,500. 00 3. Four seta players benches 400. 00 SUB TOTAL 911,700.00 ------------------------------------------------------------------------- B. CITY OF SHAKOPEE PROPERTY RIVERVIEW 1. Sodding of infield 9 1,000.00 2. Protective fencing players benches 500.00 3. Bleachers 2,000. 00 4. Water Hookup 100. 00 TAHPAH Agriculture Lime 200 ton 1,000.00 SUB TOTAL 9 4,600.00 GRAND TOTAL 916, 300.00 R R • R � _ 1 O f 3 N SryrO j L' O d3 �O F J J ry R N N N VS Z m N m I? bl fn in 3 m SdOp Jg n moo_ m m m m f W U N O Jma d �`omm N N 0— -C O . N 4 J N 00 g Sd b D y (n 0 0 3 O J a m�w m o mn5 R ON d d OTO R 3 ETT a w '< G " � 3 N dH N N m O rn � F N 0 o xN� s, Nw a N � o,Ti mA NTH P t N dcO NN 0AO N N'. NP. rr C pmA N+� U b W N U N•O N NA �rn..aaus. s.r+ y�r2A -.io Ns. a ' RNC NN +� U w Ei N N F••i 0 N y A •� w N o o0 NH m N N R..TJY Tr1 A p A C 3b N .i o m-a N N'O N 6 •.IW N� y N N 5 EON� LL O'a� +� CITY OF SHAKOPEE 129 East ht Avenue PURCHASE Data Sept. 22;�-i, 87 Shakopee, MN 55379 ORDER Phone(6121445-3650 N2 6324 TO Earl F. Anderson & Assoc.,Inc. e ❑ City Hall ❑ Fire Dept. L 129 E. 1st Ave. 334 W.2nd I Circle V L] Police Dept. [_j Comm.Services gang dames E 476 Gorman 129 E. Levee Dr R L Bloomington, Mile 55431 - El Public Works ❑ T O 500 Gorman SHIP VIA: F.0.8.: QUANTITY DESCRIPTION ACCOUNT UNIT PRICE . AMOUNT Custom Alumacore Playstructure Park Reserve $ 5596.00 BOrderwood - 147 lin. ft. 4"x6^ & 6"x& 689.00 Installation of Playstructure & Bordei 1715.00 8000.00 Site preparation plus adding of 6-8" of Pea Rock responsibility of City. (Funded by a Grant from the Stans Foundation) � Department Authorization Authorized Signature This Purchase Order VOID unless signed Minnssole 8a a.Tax Exemption No.$025237 Indlule Purebsss Order Number on Invoice WHITE: Vendor YELLOW: Purchasing PINK: Receiving GOLD: Department 2M Ne6 VENDOR a OG; i 198 CITY o— Minnesota Pollution Control Agency October 14, 1987 Mr. Allen Frechette Environmental Health Manager Scott County Environmental Health Courthouse, Room A102 Shakopee, Minnesota 55370_1393 Dear Mr. Frechette: RE: Scott County Highway Garage at Fourth and Shumway in Shakopee The Phase II Site Excavation Report by B.A. Liesch Associates, Inc. has been received and reviewed along with your cover letter dated September 30, 1987. The Report clearly states that the extent of contamination is undefinedin- an easterly direction and vertically below the site. Also, it is undetermined if ground water beneath the site is contaminated. Because of the above, specific hydrologic data and monitoring for specific parameters are needed at the site. Please submit a plan for this purpose or contact me for further discussion before October 23, 1987. Also, if you have any immediate questions, please call me at 617./296-7709. Sincerely, Kevin Faus Tanks and Spills Section Hazardous Waste Division KF:ici cc: City Clerk, Shakopee Phone: 520 Lafayette Road, St. Paul, Minnesota 55155 Regional Offices • Duluthl8rainerd/Detroit Lakesimarshall/Rochester Equal Opportunity Employer SCOTT COUNTY ENVIRONMENTAL HEALTH COURT HOUSE A102 Ir SHAKOPEE, MN.55379-1393 (612)-445-7750. Ex.177 October 15, 1987 Richard & Karen Carron C/� Q 1 91gBj 8050 E. Hwy 101 Shakopee, MN 55379 FSF/qKO� Dear Mr. & Mrs. Carron: FF This letter concerns several loads of solid waste on property in the NW 1/4 of the SEI/4 of Section 12 (in back of Valley Paving/ Outdoor Environment) in the City of Shakopee. Our records show that you are the owners of the property in question. This unauthorized dump is a violation of Scott County's Solid Waste Ordinance No. 2, Section II, Subsection 1 which states "No person shall make nor allow his land or property under his control to be used for intermediate or final disposal of any solid waste. . .". Thus, all materials at this site other than clean soil, rocks and boulders are considered solid waste (including waste concrete and asphalt) . Therefore, I am requiring all solid waste be removed within thirty (30) calendar days from the receipt of this letter and deposited at a licensed sanitary or demolition landfill. Valid receipts must be given to this office within fifteen (15) days of deposition. Do not bury this waste on-site. In addition, you should contact the City of Shakopee to obtain any needed permits if you wish to place clean fill on your property. If you have any questions please contact me at 937-6353. Sincerely, (k. MS Peter Schmitt Scott County Environmental Health cc:John Anderson, City of Shakopee An Equal opportunity Employer Sewer backups: What's a city to do? Ellen A. Longfellow, LMCrr Staff Attomey Someone calls the city and says that defining the city and property owner's negligence standard.The claimant must he has sewage in his basement. He responsibilities for maintenance and pmyv wants the mess cleaned up and thinks repair. Ilthe ci s �t.to--only 1. That there was a defect in the city's that the city is responsible. He also maintain to city's we, main the sewe wants the city to do something t zs sewer ordhmance should define 2. That the city had notice, actual or guarantee that it won't happen again. what constitutes the ci 's sewer main. cons chve. o [detect; What should the city do? Wea recently =d s where the 3. That the city faded to correct the This is a common problem that focus was whether the connection of do ect vnL ' occurs in Minnesota cities.The League the prnate a to a main was pan of receivitta nonce of rt: and of Minnesota Cities Insurance Trust the main. 4. That such failure was the cause of has received numerous claims against For—fockages or problem in the the damages. cities for damages from sewer backups. city's lines, the city would generally be To avoid bene held liable for dam- Cities can do several things m avoid responsible for removing the block. age-, the city s cellula the legal liability for such occurrences Removing the block does not mean that inspectnn maintenance program and to reduce the chances of sewer the city was necessady legally nelb for r r s stem. tins could backups happening. gent m the cause of the blockage. In involve re inspection of manholes, Atter the city receives notice of a some situations, the blockage may be cleaning lines with a letter or redder, sewer backup, it should make a record the result of something that was put or televising the Imes. What methods of the incident noting the time and into the line by other users of the the city uses may depend on the avail- problem. The city should then roves& system. Common occurences, for able financial and personnel resources. gate to see if there is an immediate example, are grease from restaurants The city should document any such problem in its sewer lines or system or household substances such as dia- limitations. that can be corrected to stop the Pers. Generally, cities have ordinances There also is no definite requirement backup. It is important to respond as prohibiting the discharge of many such as to how often a city should inspect quickly as possible in order to avoid substances into its sewer systems. If and maintain its system. The city later fording that the city was negligent the city knows who discharged the should be able to argue that its mainte- in not responding witfrm a reasonable substance, there may be a basis to nance shows "reasonable care."_Ur_ time have that person to pay for the city should keep records of all of its The city must also report the claims damages. mspecnon ao maintenanceactivities, to its insurance company or self-insur- The genet legal analysis in Min ne- which coo ude date aures of ante pool as soon as possible. The sots to a e[mine who n res risible the emp oyees involved location and claims investigators need to investigate for the sew�amages uses a wha re emp ovees did. If employees claims as close as possible to the date F „e of the mcident in order to find wit- 1 Gv nesses and facts. City officials and P �� employees should be careful as to what they any to the person malmtg `' ' _ coin. t. t an employee 0 o used later against the city.They can express , sympathy but should avoid admitting tl liability of the city or promising that the city will pay for the damages An t` . , adjuster will investigate and make a determination as to whether the city should be responsible for the ciaim. There are various causes of the sewer backups. The problem may involve a blockage in the city's line or in the property owner's line. If it is in ad the property owner's litre generally, the city would not be responsible However, this depends on what the City Sewer city's ordinance states in regard to storm seer in downtown awntennarrce worker makes repairs on an old portion of St. Paid. Minnesota Cities 22 &Over problems, the city should cor- nary rainfalls." However �if the ra,se That department admhtisters the Com- rect them unmediately or document of the backup is an extraordkary cam- munity Development Block Grant Po— why it is Unable to correct them. me city may not be legally haeme. gram and the State Economic Recovery Other factors that may contribute to The city may want to monstor rainfalls Program. sewer backups we infiltration of storm because official weather may The 1987 legislature created a new water from homeowners drainage sys- recor ran all at selected locations entity, the Minnesota Public Facilities tems, or leaks in the Imes that allow w ' occur ora a Authority. The authority will set up a storm water to enter the sewer sys- Proper cons con maintenance revolving tto issue gthe and loans [em. These factors could result in of sewer Idt stations we also important. to cities, too implement the 1987 Fed- backups during heavy rainfalls. To The city should regularly inspect eral Clean Water Act. For information avoid future backups related to such pumps and keep records of those about the grant programs contact problems, the city could pass an or& inspections. The city should also have Sharon Meyer, PCA, (612) 296-8744; nance stating Ult d B_Ue_gT_toh_w_k some kind of warning system if the Dave Mocul, Minnesota Public Facili- v up storm sewer sources to the sanitary pumps malfunction. ties Authority, (612)297-1170;Michael sewer system. To enforce such an R sewer pipes or lit stations need Auger, State Economic Recovery Pro- or mad' nce —the p[v coW–d posh a repair, the city will have to deterntine gram, (612) 296-2394; and Lou Jam- notice in the newspaper informing peo- ways to finance such repairs. Grants bois, Community Development Block pieres caf-Itf✓� uoi nye published may be available from the Federal Grant Program, (612) 297-3172. no cede care of the prob- Wastewater Treatment Facilities Pro- If a city cannot get grants to repair lem, the city could have employees gram or the Independent State Grants their sewer systems, it may have to inspect houses to see if there we Mega] Program which the Minnesota Pollution rely upon other methods of financing connections. Televising the lines may Control Agency (PCA) administers. improvements, such as assessments, also help to detect unlawful comec- Generally, those grants are for waste- general obligation and improvement tions. Rainfalls may also show where water treatment plants, and not sewer bonds, and sewer rates. But remem- there are problems with the sewer lines, according to Sharon Meyer, ber, a city can do many things regard- lines. PCA. She said on rare occasions, how- ing inspection and maintenance of the Even with eliminating stormwater ever, PCA would give a grant to a sewer system that do not require a connections, the city may not be able collection system rather than a plant, if great deal of money. The city should to alleviate all of the storm water it is less costly to fund the collection be able to show that it made good faith infiltration. In many situations the system. efforts to maintain its system and that sewer system can handle normal sew- Grants are also available through the it used 'reasonable care." ■ age flow and normal rainfall. But, it State Department of Trade and Eco- may not be able to Handle "extraordi- nomic Development (formerly DEED). MINNESOTA VALLEY "The Tank With The Red Roof' TESTING LABORATORIES, INC. • ACCURATE, FAST Over NATIONWIDE SERVICE 65 Years MVTL • 35 YEARS EXPERIENCE • SERVING CONSULTANTS, INDUSTRY, AND MUNICIPALITIES Serving COMPLETE LABORATORY SERVICES Municipalities • GROUNDWATER MONITORING WATERTOWER Sampling — Chemical Analysis • PRIORITY POLLUTANT ANALYSIS PAINT AND REPAIR CO. INC. Complete GC/MS — GC — HPLC — AA • CUSTOM ORGANICS ANALYSIS Dial 357.2101 or 357-2102, Area Code 515 Tailored to Identify and Solve Your Problems BOX 67 • HAZARDOUS WASTE TESTING & EVALUATION Clear Lake, Iowa Toxic — Ignitable — Corrosive 50428 Or, call Larry Hartwell (612) 859.2113 In Minnesota Cam Toll Free: Repairing — Sandblasting — Roofs 1-806782-3557 Painting — Maintenance Contracts — Jackets Outstate Call Collect 1507-354-8517 (New Ulm) Interior Inspection by Color Video TV Available 326 Center St. New Ulm, MN 56073 &tanner of American Water Woks Association October 1987 oz s ion% 7 LAW OfF,CPS RECEIVED 9m, KRASS & MONROE C„A�o SEP 1 71987 Phillip R. K.. CITY 0� jj=125rr Dennis L.Monroe Mmschal Roa Barry K.Meyer 327 Marxhall Road Trevor R.Walaten Bizalxth B.McLaughlin P.O.Box 216 _ Susan L Estill Shakopee,Minnesota 55379 Diane M.Carlson Telephone 4455080 Lyndon P.Kelson September 16, 1987 Kent A.Urlson.CPA Hr. 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 S MONROE CHARTERED Phillip R. Kress PRK:jr:jl cc: City of Shakopee NEMO TO: John K. Anderson, City Administrator FROM: Ren Ashfeld, City Engineer p -- SUBJECT: Yield Signs on Shakopee Avenue_ DATE: October 27 , 1987 INTRODUCTION 6 BACKGROUND: During a recent discussion with Council member Leroux, John asked me to review the appropriate use of yield signs on Shakopee Avenue. I prefer to review the use of yield signs throughout the community and Engineering is currently working on a study. I plan to coordinate the study through various phases as following described. Phase I This phase will consist of updating our street systems map. phase II This phase will consist of proposals for immediate changes to our street signing layout. This phase will concentrate on the use of the yield condition as well as bringing the downtown signing plan into conformance with the overall plan. Phase III Phase III will develop a signing plan to accommodate future changes to the street system as a result of the two bypass projects and constructing Vierling Drive. I hope to have the study completed for Council review by the end of November. This memo is intended as informational with no action requested of Council at this time. KA/pmp YIELD /o MEMO TO: John R. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer— SUBJECT: Speed Limit Authorization C.R. 17 and C.R. 83 DATE: October 27, 1987 This past spring, the City requested speed studies on County Road 83 and County Road 17. Those studies have been completed and Council may have noticed that the speed signing is in place. Attached are copies of the Speed Limit Authorizations. This memo is intended as informational with no action requested of Council. KA/pmp SPEED /M.JDOT29213 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Page 1 of 1 Pages LOCAL STREET OR HIGHWAY SPEED LIMIT AUTHORIZATION Road Authority Date May 20, 1987 Scott Count Road Name or No. County Road 83 Termini of Zone: From County Road 42 Date of Request Trunk Highway 101 March 24, 198 To Kindly make the following changes in speed limits on the above-referenced section. Changes authorized herein are in accordance with Minnesota Highway Traffic Regulation Act, M.S. Chapter 169.14 and applicable subdivisions thereof. 55 miles per hour between the intersection with County Road 42 and the intersection with County State Aid Highway 16. 50 miles per hour between the intersection with County State Aid Highway 16 and a point approximately 1550 feet north of the intersection with 12th Avenue. 45 miles per hour between a point approximately 1550 feet north of the intersection with 12th Avenue and the intersection with Trunk Highway 101. Please Signature of Traffic Engineer Sign Here (3)White—Road Authority (1) Pink—Central Office Traffic (1) Blue—District Traffic Engineer for Road Authority use only Date traffic control devices changed implementing this authorization Month-Day-Fear Signature Title n/DOT 29213 (12-78) Od ��y_ STATE OF MINNESOTA G/-Y^"►J DEPARTMENT OF TRANSPORTATION Page 1 of 1 Page, LOCAL STREET OR HIGHWAY SPEED LIMIT AUTHORIZATION Road Authority Date .Scott county AuRust 13 1987 Road Name or No. County.State Aid Hi hwmy 17 Termini of Zone: From County Road .42 To Date of Request Trunk Highway101 .June 30 1957 Kindly make the following changes in speed limits on the above-referenced section. Changes authorized herein are in accordance with Minnesota Highway Traffic Regulation Act, M.S. Chapter 169.14 and applicable subdivisions thereof. . 55 =ilea perhour between the intersection with County Road 42 and a point approximately 1,000 feet south of the intersection with 11th Avenue (in Shakopee). 40 miles per hour between a point approximately 1,000 feet south of the intersection with .11th Avenue and the intersection with 4th .Avenue (the north junction of C.S.A.H. 16). 30 miles per hour between the intersection with 4th Avenue end the intersection with Trunk Highway 101. Pa. Sig a of Traffic Engineer Sign Here (3)White— Roatl Authority (1) Pink—Central fTraffic Traffic (1) Blue—District Traffic Engineer for Road Authority use only Date traffic control devices changed implementing this authorization Month-Day-Year Signature Title MEMO TO: John E. Anderson, City Administrator FRAM: Ken Ashfeld, City Engineer�- SUBJECT: Monthly Status Report - October, 1987 DATE: October 28, 1987 The following is a summary of projects currently being worked on. • The Downtown Streetscape Project is on schedule with the exception of the lighting systems. There has been considerable difficulty in receiving the lighting fixtures on a timely schedule, The current projection for delivery for the first shipment of poles is October 28 but has yet to be confirmed. The electrical contractor is prepared to begin setting the poles immediately upon delivery. • The 13th Avenue Project east of C.R. 89 has been completed and on budget. • The Parks Improvement Project (Tahpah, Hiawatha fi Lions) has been completed and on budget. Final billing for the improvements will be sent out to the respective service groups (Jaycee' s, Basketball Association & Lion' s) that agreed to pay for the improvements. • The utilities and gravel road base has been completed on the Heritage Place housing development. The curb & gutter and bituminous base should be completed within a week or so. Since proper access is now available for health, safety and welfare and building inspection, building permits can now be issued. • Grading has begun on Vierling Drive from C.R. 16 through Hauer's Drive from C.R. 16 through Hauer's 4th Addition . Work has not yet begun on plans and specifications for Vierling Drive from Hauer ' s 4th Addition to C.R. 17. • We are still waiting on Mn/DOT for the completion of the contract documents for the 10th Avenue Overlay. We are not planing on starting this project anymore in 1987. The project should be let in the winter months for construction in the spring. Project Status Report October 28, 1987 Page 2 • Work has not begun on the plans & specs for the VIP interceptor extension. This will also be constructed first thing in the spring. • The Marschall Road (C.R. 17) water system and sanitary sewer extension project has been completed. • The plans and specifications are completed at this point . Certificates of surveys are soon to be completed to facilitate the appraisal work. Easement acquisition can then begin for construction to begin in early spring or late winter. RA/pmp STATUS s — ----------- -------------------- ----------- 6- ---- ----- ----- ----- ----- ----- ----- ----- ---- ----- ----- - ----- ---------I-- p C ® 9 I_____ ____L____ ____ _p__ ---- ----- --L----L--------- - --� - - -- e , ----- -- ---- ----- -- ------- ----- ---------- � — — --------------L---------�- --�- --L-------------- a---- -- ----I----I------ ---- -- ------------ s E - ------------ -------------- --------- ----- --- -- - ifn y ® � 3r ~ N � v --L-� I I I l -a---- ---- ---- --L------IA----L- --- _ — -- — --I- -- -1---I----I----I----I- -- - --� --- ----I----I----I----I----I----I----- p 'IN® I — e m ---- ---- --------- ----- ----- ----- ----- ----- - --- ---- ---- ---- ---- ---- --------- -------------- ---- ---- ----- --- --- ----I----I----I----I----I--J---- ---- ---- --- ----I-----I�----I-----I ---- ----- — — ---- ----- ----- --- -- ----- ----- ----- --- ---- - II—Q� ` TJ- �� I-----I-_-----� I�@ ____I__ ___ ___L____L____ ____L ® ___ -----------___m_________�____�____n_______ 8e91 e � � � m A -- ---- -- - -- - -- -------------- - - ---- ----- ------®-- `---- ----L-------------®�- ex S Sg L-S---- ---A-------- ---------- ---- - - IL-®------- - ------------L---------------®- L-g---- ----5------------I-®--- $ � ------------ �_�-- - - --�- ------ - -------------� - -- L-a--L- --L----L----L-a--L-a--L----L----L --�- m --------------------L--------- ------------� t L----- -- - ---- --------- ---- - -®-- -- - - - -- --L- =--@g-=-- �aL---- ---- ----- -- lid --- e II III ----I ® ----- -----�'- ---------L----L---- - - - L----L- --- ----L----L----L----`-- ----------- ----`----`----`----` - --- IL----L-°--L �-L-®--L----L----L----L----L - L____`____L____- _@__I____L_________L____Lf- $- c ----L- ---- - -- ----L--------- ----�=-L- L- -- - --L- --L- L----L- --L----L----L - i L'1 L' z d a K �r�- Vo FrtG r- r• O v �v z r n d 3'03m am a rt . n m K V 0 0 [+1 n H L r O Ul '0 a z a o K 3 W 3 m Vi C)� OC7 OOOC vOO m •• O ^ 0 0 0 r- a ,3 •• O r- `r 0003 7 M` m ons A n r- rt m R1 n ti v m m o-ww z 'o m n z omm wBm �. ow v°�' '� m o n C B (A 3 r•oc d rmn a H O 7 n m o � m z m H a d a K N N ` N a H p 9 O K l3 BUSINESS UPDATE FROM CITY HALL Vol. 1 No. 2 . Dear Chamber Member: November 2, 1987 ADMINISTRATION Thanks for the positive response. We received several good suggestions from readers. . . gender free "Chamber Member" has replaced "Businessman." Keep suggestions coming. After a voter survey the City Hall Architect and the Citizen Committee recommended to Council that they remove the $1.4 million bond issue from the November 3, 1987 ballot. Appropriate building cost, overall tax climate and confusion about the site issue were noted in the survey. The City met with representatives from Moody's Investors Service on October 22, 1987 to show them our community in an effort to improve the City's present bond rating of 'A' to 'Al' . This could amount to hundreds of thousands in savings on money the City borrows. BUILDING Fulton Schleisman, Assistant Building Inspector, has completed the home energy audit training course and is now a certified Minnesota Energy Conservation Service energy auditor. He will implement the home energy check up program beginning December 1, 1987 in the City of Shakopee. This program provides services using grants from the State and utility companies which offset City costs. CITY CLERK The City Election will be held on Tuesday, November 3, 1987 with polls open from 7:00 a.m. until 8:00 p.m. Get out and exercise your right to vote. Residents will be voting for Mayor (2 year term) and three Councilmembers (4 year terms.) The question on the ballot authorizing the selling of $1.4 million bonds for constructing a new City Hall was cancelled by Council. Residents may still cast an advisory vote on one of two sites for the location of a new City Hall. Electronic voting equipment used in the 1986 Primary and General Election will be used to count ballots in the office of the Scott County Auditor. COMMUNITY DEVELOPMENT Beginning November 1, 1987 Dial-A-Ride service will be expanded to service the City of Chaska at Chaska's expense. Upon an evaluation of the service, intra-city trips are expected to be offered early next veer. Chaska residents will then have the opportunity to ride to Shakopee for medical appointments, shopping trips or to visit friends. Shakopee residents will also be afforded the opportunity to ride to Chaska. - OVER - COMMUNITY RECREATION Community Recreation and Carson City Parlour (CCP), a new business in town, co-sponsored a Halloween Party October 31st for students in grades 7, 8 and 9. The major attraction was a party with food and dancing and free play of over 100 electronic games in the CCP showroom. Other cooperating businesses were Waste Management, Inc. providing portable rest rooms and Pizza and Pasta providing food. ENGINEERING The Downtown Streetscape Proiect. In November the brick work, benches, planters and some of the trees will be completed and in place. Street lighting will be completed later in November and early December. The utilities and streets within the 71 lot Heritage Place housing development are nearing completion. The Thirteenth Avenue Project, east of County Road 89, is now complete. Mn/DOT should have the new free right turn at Holmes and Highway 169 completed by November 1st. Work began on the Vierling Drive Project between County Road 16 and the west limits of Hauer's 4th Addition. Plans will be completed on the remaining portion of Vierling Drive extending to County Road 17 for work next spring. FIRE DEPARTMENT Approximately 200 people attended our Fire Prevention Week Open House at the Station on October 4th for tours and demonstrations. Terry Stang and Rick Coleman, our newest members have completed a 72 hour recruit firefighter course taught by Hennepin Technical Centers Fire Training Division. POLICE DEPARTMENT Calendar parking begins November 15th. City Council reduced the nightly hours to give businesses, schools and residents additional on-street parking hours. New hours of enforcement are 2:00 a.m. until 6:00 a.m. No parking on either side of the street is permitted in the Central Business District between the hours of 2:00 a.m. until 6:00 a.m. Please help us to inform visitors of the ordinance. We got one. A 28 year old bank robber plead guilty to five bank robberies including the June 25, 1986 robbery of 1st National Bank in Shakopee. He faces a maximum of 15 years plus restitution of $27,678 to 13 banks. N + \ P a N U V N N + V l ` 0 v UI 00 CO) 014 1 Ul OD °q V xrti A � � w lyl i Vj N N O V P t e Q d N V P + l yA O U O O U A V O N ca Lrl OD C� N P O U V o ti `0 3 c � � v O 0 a C> Fr � o CD V w �` % N Ln co w Mry � ip (Fay �o I N V, O W n C `� 50 VII P O N N i y i r A V � N , ON U Q 3 -Al ..a (> 1.0 . .. .. ............ ............ . L I .. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN November 5, 1987 Chairwoman VanMaldeghem Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3 . Approval of October 8, 1987 Meeting Minutes. 4. 7:30 P.M. PUBLIC HEARING: To consider a variance to move an existing sign within 4' of the front property line upon the property located at 300 East 1st Avenue. Applicant: City of Shakopee Action: Variance Resolution No. 509 5. 7:40 P.M. PUBLIC HEARING, To consider a variance on acceptable building materials to construct a dry felt storage warehouse upon the property located at 3303 - 4th Ave. East. Applicant: Certainteed/City of Shakopee Action: Variance Resolution No. 510 6. 7:50 P.M. PUBLIC HEARING: To consider a variance on acceptable building materials to construct a glass recycling equipment building upon the property located at 4108 Valley Industrial Blvd. No. Applicant: Anchor Glass Container Corp. Action: Variance Resolution No. 511 7. other Business 8. 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. Tentative Agenda PLANNING COMMISSION Regular Session Shakopee, MN November 5, 1987 Chairwoman VanMaldeghem Presiding 1. Roll Call at 7: 30 P.M. 2. Approval of Agenda 3. Approval of October 8th and October 20, 1987 Meeting Minutes 4. 8:00 P.M. PUBLIC HEARING• To consider amending of the Shakopee City Code Chapter 12 Entitled "Subdivision Regulations (Platting) " to permit 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 to be exempt from the park dedication requirement. Action: Recommendation to City Council 5. Final Plat The Meadows 1st Addition Action: Recommendation to City Council 6. Review of Easement Vacation - Between Lots 9 & 10, Block 1, Weinandt 1st Addition Action: Recommendation to City Council 7. Discussion Items: a. Issuance of Building Permits to Property Not Abutting Public Right-of-way b. Amendments to Zoning & Subdivision Ordinance C. Revised Sign 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. COMMUNITY DEVELOPMENT COMMISSION City Council Chambers Shakopee, MN October 14, 1987 Members Present: Tim Keane Al Furrie Don Koopman Terry Joos James Plekkenpol Jane DuBois l Members Absent: Bud Berens Staff Present: Barry Stock, Administrative Assistant Dennis Kraft, Community Development Director Chairman Keane called the meeting to order at 5:10 p.m. Koopman/Joos moved to approve the minutes of the September 2, 1987 meeting as kept. Motion carried unanimously. Mr. Stock reported that the Star City recognition reception will be held at the Canterbury Inn (pool side) on October 22, 1987 at 5:00 p.m. The reception will offer hors d'oeuvre and beverages to over 250 guests. Liquor will also be available via a cash bar. Guests for this event were taken from the Chamber of Commerce mailing lists and the City of Shakopee's elected and appointed officials list. Mr. Stock reported that he recommended a reception because it was approximately three times cheaper than a sit down dinner. Commissioner DuBois questioned the approximate cost of this event. Mr. Stock stated that the total cost for the event should not exceed $2,000. Commissioner Plekkenpol suggested that a banner be made for the event. Mr. Stock stated that he would check in to the cost of a banner and proceed accordingly. Commissioner DuBois questioned whether or not there would be any music at the event. Mr. Stock stated that at the present time we were considering music over the public address system. It was the consensus of the Committee that they would like to have a small orchestra at the reception. Mr. Stock stated that he would investigate this issue and proceed accordingly. Chairman Keane suggested that staff include on their mailing list for the event real estate brokers and development firms. Mr. Keane stated that he would provide the City with a list. Mr. Stock reported that at the last meeting the Commission discussed the possibility of implementing an educational campaign to inform Shakopee residents about the ICUs mission and focus. The Committee had discussed the possibility of distributing three separate pieces in three consecutive weeks. Mr. Stock stated that during the City Council strategic planning session for 1987 the Council discussed developing a City newsletter. Therefore, he stated that he was recommending that the ICC and the City of Shakopee co-sponsor a quarterly newsletter (one page front and back) that focused on the development activities going on within Shakopee. Mr. Stock then reported on the various options for distributing the direct mailing. He stated that he was not recommending the utility bill stuffer because the size of the newsletter would be limited. The cost for distributing the newsletter through bulk mail would be approximately $500 per issue. The cost for inserting the newsletter in the Shakopee Valley News would be approximately $150 per issue. Cost for printing the newsletter depending on the size of the issue and the quality of paper would range between $150 and $400 per issue. Commissioner DuBois questioned whether or not the City could place a column in the Shakopee Valley News on a weekly basis relating to the development activities going on in Shakopee. Mr. Stock reported that he would investigate the issue and report back to the Committee on implementing such a program. Commissioner DuBois questioned whether or not the Community Development Commission could become a tool for residents to come and voice their concern regarding any issue. Chairman Keane stated that he liked that concept and would like to see the CDC serve as the vehicle for Shakopee residents to voice their concerns regarding issues that come before the City. He went on to state that the Commission could serve as a vehicle for educating the public and as a sounding board for general expressions of interest or disinterest with regard to development patterns and issues. Commissioner Plekkenpol suggested that the Commission invite guests to their meetings who could answer questions from the public as they pertain to the guests area of expertise. This would give people the opportunity to meet one on one with the community policy makers. Chairman Keane stated that he would like to see the newsletter idea implemented on a trial basis. Commission Joos stated that he felt the newsletter idea was a good vehicle to inform the public of what is going on in Shakopee. He also questioned a newsletter insert in the paper because many people in Shakopee currently do not receive the newspaper. Mr. Stock stated that he felt it was important for the Commission to inform the City Council of their plans and to have the full support of the City Council regarding their plan. Mr. Stock stated that he felt the CDC could serve as an editorial board that could function as the body for generating newsletter content. However, the actual publishing of the newsletter would fall under the authority of the City Council. Mr. Keane suggested that staff develop a set of proforma for the newsletter and also a sample newsletter for the Commission's review prior to requesting City Council approval of the concept. Commissioner Furrie questioned whether or not the CDC could simply by-pass the Council entirely and fund this project out of their budget. Mr. Stock stated that he felt it was important for Council to buy in to this plan before proceeding with any publishing and distribution. Mr. Furrie stated that he was not suggesting that the CDC by-pass the City Council but that the Commission approach City Council with the idea that this newsletter would be funded out of the CDC budget. It was the consensus of the Committee to direct staff to prepare a sample newsletter for the Commission's review and approval and to submit the newsletter to City Council for their consideration. The CDC would then seek direction from the Council on how they would like the CDC to proceed. In closing, it was the consensus of the Committee that there was a wide communication gap between the City and the Shakopee resident. Chairman Keane also suggested that staff investigate alternative vehicles for distributing the newsletter such as news stands, grocery stores, etc. The Committee decided to hold a special meeting on October 28, 1987 at 5:00 p.m. to review the draft newsletter and make a recommendation to City Council. Mr. Stock then gave a brief economic development update on the following projects: Starwood, City Hall, and Downtown Redevelopment. Mr. Keane reported on the letter that the ICC sent to City Council regarding the goals of the City. Mr. Keane reported that several of the Council members felt that since he had signed the letter it was a message from Scottland rather than the Commission. Generally, Mr. Keane felt that the letter did serve it's purpose and reminded the Council of the goals that they had established for the community. Mr. Keane reported that the legislature created a transportation finance study commission to investigate alternatives for funding State highway improvement projects. He reported that the Scott County Transportation Coalition was successful in getting this Commission to hold one of their State wide public hearings in Shakopee. He reported that the meeting would be held on Wednesday, October 21, 1987 at 5:00 p.m. at the Shakopee K.C. Hall. He went on to state that the Commission was interested in hearing from residents regarding alternatives for financing State highway projects. Several of the alternatives that are being proposed include an increase in the State gas tax, a transfer of funds generated by the motor vehicle excise tax to the transportation budget and toll roads. Mr. Keane stated he hoped that the residents in Scott County would attend this meeting and voice their concern regarding the inadequacy of our existing highway system and that the residents support alternatives that will generate funds for new highways. Mr. Keane reported that without new sources for funding the transportation improvements, the highway projects now proposed in our area could be in jeopardy. Mr. Keane suggested that the Committee consider approving a resolution which stated the importance of improved highways as it relates to the economic development picture in our area. Joos/Koopman moved to approve Resolution 87-3 (See attachment #1) . Motion carried unanimously. Furrie/Plekkenpol moved to adjourn the meeting at 6:15 p.m. Motion carried unanimously. Barry A. Stock Recording Secretary Attachment #1 Resolution No. 87-3 RESOLUTION SUPPORTING ALTERNATIVE FINANCING MECHANISMS TO IMPROVE THE STATE HIGHWAY TRANSPORTATION SYSTEM WHEREAS, transportation facilities are necessary to stimulate economic development; and WHEREAS, the present highway system in Scott County is grossly inadequate; and WHEREAS, it is in the best interest of the State of Minnesota to improve the State's transportation system to attract new commercial and industrial development that will generate additional revenues for the State and local jurisdictions; and WHEREAS, the City of Shakopee and Scott County have already enacted programs that raise funds to improve the highways in Scott County; and WHEREAS, transportation is a critical element of a strong economy. NOW, THEREFORE BE IT RESOLVED that the Community Development Commission supports the continued funding of transportation facilities and encourages the Transportation Finance Study Commission to seek new sources of transportation funding to stay abreast of the transportation needs within the State and specifically Scott County. Adopted in regular session of the Shakopee Community Development Commission of the City of Shakopee, MN held this 14th day of October, 1987. Tim Keane, Chairman �g PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 8, 1987 Chairwoman VanMaldeghem called the meeting to order at 7:30 P.M. with Comm. Foudray, Czaja and Rockne present. Also present were Douglas Wise, City Planner; Cncl. Clay and John Anderson, City Administrator. Czaja/Foudray moved to approve the posted agenda. Motion carried unanimously. Foudray/Czaja moved to approve the minutes of September 17, 1987. Motion carried with Rockne abstaining because of his absence at that meeting. Comm. Schwartz arrived at 7:34 p.m. and Comm. Schmitt arrived at 7: 35 p.m. Comm. Czaja asked for follow up to the question of minimum setback of 3 feet and the allowance of a 1 foot setback, which arose in the discussion on September 17, 1987 hearing on Breckenridge Development. Czaja/Schmitt moved to amend the September 17, 1987 minutes in regard to Variance Resolution No. 507 - H.L. Weinandt to include the fact that Mr. Weinandt felt the hardship was the view being restricted. Motion carried unanimously. PUBLIC HEARING - VARIANCE RESOLUTION NO. 508 - RANDALL OUIRING Czaja/Foudray moved to open the public hearing. Motion carried unanimously. The City Planner reviewed the request showing a drawing of the proposed facility. The fire department review was not currently available. The possibility of a lesser variance and the depth of the fill. An issue of whether or not a building permit can be issued on a private road with no public access. This is a high density usage and is on a private road, not a dedicated street. A portion of this road is dedicated. The City Attorney's opinion is that there should be no building permit issued if there is no public right of way. Randall Quiring, 14068 Rutgers Street, Prior Lake stated that Williams brothers has a gas pipeline in the area and has plans to lower the pipeline somewhat. He has no current plans for expansion. Foudray/Schwartz moved to close the public hearing. Motion carried unanimously. Board of Adjustments & Appeals October 8, 1987 Page 2 Schmitt/Rockne moved to approve Variance Resolution No. 508, subject to: 1. Staff's recommendation to allow a 20 foot rear setback. 2. Incorporation of a variance to the ordinance to Section 11.05, Subd. 3, Item I regarding the issuance of building permit on a dedicated public street, on the basis that to deny building permits, it would impose a hardship to be inconsistent with the previous treatment. 3. The applicant will have to petition for street improvements and waive the right of appeal to the assessments. 4. The amendment for the variance to the roadway issue received favorable legal opinion. 5. Receipt of a letter from the fire chief indicating that the building is in conformance with the Code. Motion carried unanimously. Schmitt/Rockne requesting City Council to review and propose a course of action in dealing with private roadways. Motion carried with Czaja opposed. _ Schmitt/Rockne moved to direct staff that no building permits be issued on private roads without either a change to the ordinance or a variance application being submitted for consideration to this body. Motion passed unanimously. SIGN LOCATION DISCUSSION The City Planner presented a memo from the City Engineer indicating a sign must be moved in order for the City to complete the Downtown Streetscape Project. The sign cannot be relocated to a site which meets the 10 foot setback requirement in the sign ordinance. Staff is bringing the item before the Board for discussion purposes, in order to receive feedback on which direction staff should take with the matter. Schmitt/Czaja moved to take no action and offer no comments until adequate staff work is done on this issue. Motion carried with Foudray and VanMaldeghem opposed. The City Planner informed the Board that all three Variance Requests heard by the Board of Adjustments and Appeals on September 17, 1987 have been appealed to the Council. Czaja/Schmitt moved to adjourn. Motion carried unanimously. The meeting adjourned at 8:35 p.m. Douglas K. Wise Peggy Swagger City Planner Recording Secretary . 18' PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 8, 1987 Chair Vanmaldeghem called the meeting to order at 8:45 p.m. with Comm. Foudray, Czaja, Rockne, Schmitt and Schwartz present. Also present were Douglas K. Wise, City Planner; Cool. Clay and john K. Anderson, City Administrator. Foudray/Czaja moved to approve the posted agenda. Motion carried unanimously. Foudray/Czaja moved to approve the minutes of the September 17, 1987 meeting. Motion carried unanimously. PUBLIC HEARING - PRELIMINARY AND FINAL APPROVAL OF BAKNE N PUD Schwartz/Czaja moved to open the public hearing. Motion carried unanimously. The City Planner reviewed the background of the proposal. Additional parking will be added in the first phase of the project. one of the buildings on the plan does not appear to meet the required setback from Bluff Avenue. Roofing material alternatives were discussed using plastic or fiberglass verses steel. Wallace Bakken, Owner of the Shakopee Valley Motel and developer of the project described the scheme of the roadways in the project. The road going by the mini-golf will have a gate across. Mr. Bakken explained the sign on the top of the ranger station building. The need for a staging area for back-up of large recreational vehicles was discussed. Parking space requirements for the resturant of one space for each 3 seats was discussed, as was the roadway leading to the dumping stations. Brian Alton, 287 Marschall Road stated that the plans could be revised if necessary to comply with the Commisssion's concerns. Comm. Czaja expressed concern that allowing items such as showers, portable toilets, etc. on the flood plain area. Mr. Bakken responded that the DNR and other agencies have approved the proposals for the flood plain. The original plans for the project were requested with changes made to the original plan to be noted. Other items of concern were lift stations, elevations, grades and septic systems. Schmitt/Czaja moved to table this matter to October 22, 1987 and request staff and the Developer to come back with changes identified and all materials pertaining to this matter available. Motion carried unanimously. Planning Commission October 8, 1967 Page 2 Mr. Dave Pomerenke has submitted his letter of resignation from the Planning Commission to the City Council. The City Planner reviewed the changes which were made to the sign ordinance. The Commission reviewed the ordinance beginning on Page 9, Subd. 4 District Regulations (3rd Draft Copy) . Change to Page 9, Subd 4 A. 4) after the 1st sentence: add after facility "not to exceed 4 maximum for each facility - one on each side of the building" . Discussion on public information signs in the downtown historic section was held in regard to page 10, 6) . Mike Brookmeyer, 4280 Greenwood Circle, Prior Lake, representing the Chamber of Commerce asked about smaller directional signs used on roadways coming into different tourist attractions. This may be used to indicate upcoming lane shifts. Discussion was held how this fits into Items 0 on Page S. Change to Page 11, 2) b) : No free-standing sign shall exceed "20" (Replace 25) feet in height. Change to 2) d) delete or entrance. Change format on 3) to full left margin. Change to 4) : add "at each" before "project entrance". Change to page 12 C. 1-) a) : "a minimum of" before 30 square feet. Change to Page 12 C. 2) : addtoend of sentence "which do not exceed 12 square feet per sign face". Schmitt/Rockne moved to continue the sign ordinance discussion to October 22, 1987 and to delay the Zoning Ordinance until that date. Motion carried unanimously. Comm. Schmitt brought up several items: 1. The angle of the North driveway at the Mt. Olive Lutheran Church. The City Planner indicated that he has asked the Building Department to check it for compliance with the plans. 2. A hay action which was determined to be within Agricultural Zoning. 3 . Certainteed's use of steel building materials and avoidance a precedent setting issue. The City Planner Planning Commission / October 8, 1987 Page 3 indicated a variance request for this item will come before the Board. Staff will consult legal council on the issue of precedent. 4. That Staff insure Prairie View Addition walkway access is properly identified and maintained. Concern about outside storage not being screened on a construction garage for Edman Builders on 3rd Avenue was expressed. Comm. Czaja asked about any code relating to lighting onto roadways. He also expressed his concern about preservation of County Road 16 as a main access into Shakopee. Discussion was held regarding a used car lot doing business; Staff was instructed to check files on this item. Schmitt/Rockne moved to adjourn to October 22, 1987. Motion carried unanimously. The meeting was adjourned at 11:39 p.m. Douglas K. Wise City Planner Peggy Swagger Recording Secretary 17 PROCEEDINGS OF THE PLANNING COMMISSION ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 22, 1987 Chair VanMaldeghem called the meeting to order at 7:30 p.m. with Comm. Schmitt, Czaja and Rockne present. Also present were John K. Anderson, City Administrator; Douglas K. Wise, City Planner; Ken Ashfeld, City Engineer and Jon G. Glennie, Planning Intern. Comm. Schwartz arrived at 8:30 p.m. Czaja/Rockne moved to approve the posted agenda with a change of sequence allowing Mr. Edman to address the Commission immediately following the public hearing. Motion carried unanimously. PUBLIC HEARING - PRELIMINARY AND FINAL APPROVAL OF SHAKOPEE VALLEY MOTEL PUD Schmitt/Czaja moved to continue the public hearing. Motion carried unanimously. The City Planner reviewed the background of the request and previous actions taken. A comparison of the previously approved plans to the current proposed plans was made with changes highlighted. Queing of recreational vehicles onto Marschall Road and Bluff Avenue can be eliminated by a change to the plans allowing any back up of traffic to be contained within the facility. Wallace Bakken, Shakopee Valley Motel, stated that other Jellystone Parks have a smaller check-in station located further inside the park and this would remedy a queing problem. Discussion was held regarding the usage of an outdoor theatre to be built on the campground. It was noted that there is a residential area located quite close to the facility. Brian Alton, representing Shakopee Valley Motel, stated that the intent of the amphitheater is for use by residents of the campground and the owner would have control over who was allowed in the facility. Lynn Lean, Manager, Backstretch R.V. Park, 8855 13th Avenue East, stated his concerns, mostly due to the fact that the proposed location is in the floodplain. The concerns raised in the letter from Backstretch RV Park were addressed by the Commission. Schmitt/Rockne moved to close the public hearing. Motion carried unanimously. The City Planner denoted the changes in the conditions of staff's memo of October 13, 1987. Planning Commission October 22, 1987 Page 2 A question of the height of the buildings was raised. The City Planner will check to ensure these buildings comply with the "lesser of 20 feet or two stories" height provision. The restaurant on the facility will be open to the public. Conditions of the Watershed District recommendation have been addressed. Schmitt/Czaja moved to recommend approval of the Preliminary and final PUD of Shakopee Valley Square 1st Addition subject to the following conditions: 1. Approval of a Title Opinion by the City Attorney. 2. Vacation of drainage and utility easements which were dedicated in the Halo 2nd Addition. 3. Submittal of a preliminary plat the same scale of the final plat, which shows all existing utilities. 4. The City Engineer must receive and approve final plans and specifications for all public facilities including, but not limited to roads, sanitary sewer systems, storm sewer and grading. 5. Execution of a Developer's Agreement for the construc- tion of the required improvements: a) A sidewalk to be constructed along the north side of the T.H. 101 in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. b) Water and electric to be installed in accordance with the requirements of the SPDC Utilities Manager. C) The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. d) Installation of fire hydrants in accordance with the requirements of the Fire Chief and City Engineer. e) Sanitary sewer and storm water system to be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. Planning Commission 9 October 22, 1987 Page 3 f) A recordable document which provides the rules and regulations of the Shakopee Valley Square Campground shall be made a part of the Developers agreement to endure that the operator of the campground has the authority to remove any occupants or equipment within twenty-four hours after the river stage reaches a point of two feet below the lowest sanitary sewer. g) Park dedication fee of $5,267 to be paid for the entire plat. 6. Developers shall submit a landscaping plan that shows compliance with all City, D.N.R. and Lower MN Watershed District requirements (shoreline erosion control) and improvements must be completed prior to issuance of the Final Certificate of Occupancy. 7. Pedestrian walkways be designed and developed in a North-South configuration off of and away from Marschall Road. 8. All structures located below the 722' mark are to be floodproofed. 9. The entrance drive must be redesigned to provide a separate lane for stacking of large recreational vehicles during check-in. 10. Traffic circulation around the dump station must be redesigned to provide for adequate turn around and existing space for large recreational vehicles. 11. That the applicant provide the Planning Commission with proof the permits from other agencies have been acquired. 12. The approval of these plans recognizes the granting of a variance to allow the restaurant/snack bar to be constructed on the existing foundation located within the required front yard adjacent to Bluff Avenue. A variance shall not be granted for the use of required materials on the sides & roof of the recreational building and the roof sign. 13. The requirements for 30 parking spaces be met without variance and that the facility comply with the 15 foot front yard setback required for the parking lot. Planning Commission October 22, 1987 Page 4 14. In accordance with the accessory uses, the amphitheater shall be limited to campground residents with a seating capacity not to exceed 150 persons. 15. Any flooding will require a building and public health inspection thereafter. 16. A 16 foot one-way road and a 25 foot two-way road will be required. 17. A pedestrian lane on the vehicular bridge spanning the creek will be required. 18. a) The restaurant will be a permitted use not as a part of the campground. b) Vary the setback requirement by the 30 feet required in the ordinance due to the construction on the existing facility. c) Exclude the access ramp on the South side of the building and require that the access ramp not intrude on the public right-of-way. 19. Reference is hereby made to the fact that through this PUD the City is issuing a Conditional Use Permit under the provisions of Section 1105, Subdivision 11 of the ordinance and set forth those items and conditions therein. Motion carried unanimously. This recommendation will be brought before the City Council on November 4, 1987. Schmitt/Czaja moved a five minute recess at 9:08 p.m. Motion carried unanimously. Czaja/Schwartz moved to reconvene at 9:20 p.m. Motion carried unanimously. The City Planner reviewed the Edman Builders Property Inspection noting that there was not proper screening in the rear storage areas. Thomas Edman, Edman Builders, 104 West Third Avenue, stated that they are currently in the process of installing some fencing on the front and intend to have that finished by November 15, 1987. The requirement for a screening fence along the rear and Southwest corner 'is vague. Due to the grade, a 6' fence would still allow materials stored to be seen. Planning Commission q October 22, 1987 Page 5 Discussion was held regarding the issuance of temporary and permanent occupancy permits. An escrow amount has been collected and will be held until the final occupancy permit is issued. Schmitt/Schwartz moved to refer the matter to staff to work out an equitable solution to this problem. Motion carried unanimously. The City planner highlighted changes made in the 3rd Draft Copy of the Sign Ordinance beginning with Page 13 . The following further changes were recommended by the Commission. Page 8 P) insert "except B-3", after the word districts in the last sentence of this paragraph. This is to confirm to the specific regulations required in B-3 . Page 9 - first paragraph: Delete sentence beginning 'However, . . . " 9) Direct staff to incorporate some language pertaining to glass buildings. 10) Direct staff to incorporate language which would ensure there would be no glare visible from outside. 14) Direct staff to incorporate language to eliminate glare visible from outside. Page 15 - Staff should ensure that there are general conditions in the ordinance relating to appropriate footcandle measurements. Discussion was held regarding the design of a building becoming an integral part of the signage and that this would be counted toward square footage of the signage. Also the usage of landscaping to improve the attractiveness of signs was discussed. 2) b) replace 25 feet with 20 feet. Page 16 - 4) Staff will make sure the districts all conform to one another in respect to changes made. Subd. 5 A) 3) change 1,000 to 200 square feet with an option to go up to 300 square feet under a Conditional Use Permit. The usage of non-traditional sign material was discussed. Page 17 - Subd. 7 - In the B-3 zone, a five-year term for non- conforming signs from the time the ordinance is finally adopted. Planning Commission October 22, 1987 Page 6 Favorable mention was made of the Shakopee Ford sign currently on the Brambilla building. The historic theme of this was noted. The issue of how to encourage proper maintenance of landscaping in close proximity to signage was raised. Discussion was held regarding the zoning ordinance changes. Comm. Schmitt suggested we look at the cancellation of the Urban Redevelopment District as a zone. Comm. Schmitt also requested a review of the I-1 and 1-2 zones to make any commercial recreation uses a Conditional Use Permit was mentioned. Brief discussion relating to the spacing and geographical placement of future commercial recreation was held. The City Council returned the matter of private roadways existing in the community to the Planning Commission for review and a public hearing. This will be discussed at the November 5, 1987 meeting with background information being reviewed and a decision whether to hold a public hearing to be made at that time. Rockne/Schwartz moved to adjourn the meeting. Motion carried unanimously. The meeting was adjourned at 10:40 p.m. Douglas R. Wise City Planner Peggy Swagger Recording Secretary MEMO TO: John R. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Yard Waste Separation (Information) DATE: November 4, 1987 INTRODUCTION AND BACKGROUND: Several Council members have questioned whether or not the City of Shakopee or Scott County is pursuing mandatory yard waste separation and curb side pick-up. At this time, the Shakopee Energy and Transportation has had no discussions regarding this issue. In my conversations with Al Frechette, Scott County Environmental Specialist he has assured me that Scott County is not pursuing mandatory yard waste separation. In fact, Scott County is proposing to construct a waste processing facility that utilizes yard wastes in conjunction with the composting component of the facility. Therefore, Scott County would like to encourage persons living within Scott County to dispose of their yard wastes in conjunction with their normal trash disposal. This question may have originally arisen from the fact that Carver County is currently participating in a two year demonstration project for yard waste composting and curb side pick-up. They are proceeding with this demonstration project with funding from the Metropolitan Council. The yard waste composting project in Carver County is a voluntary program. I will keep you advised of any new developments that may be contrary to the information presented herein. TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Special Session November 4, 1987 Chairperson Leroux presiding 1. Roll Call at 8:30 P.M. - Approve Special Call 2. Approval of October 14, 1987 Meeting Minutes 3. Establishing Date for Sale of $1,600, 000 General Obligation Tax Increment Bonds Series 1987 B 4. Amendment to Indenture Relating to 1979 Bonds 5. Request to City Council to Hold a Public Hearing on Certain Proposed Changes Relating to the HRA's Minnesota River Valley Housing and Redevelopment Project No. 1 6. Other Business 7 . Adjourn to November 17, 1987. Dennis R. Kraft Executive Director 2 PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 14, 1987 Chairman Leroux called the meeting to order at 7:01 p.m. with Comm. Vierling, Lebens, Wampach and Clay present. Also present were Ken Ashfeld, City Engineer; Julius Coller, City Attorney; Douglas Wise, City Planner; Dennis Kraft, Executive Director and John K. Anderson, City Administrator. Lebens/Clay moved to amend the minutes of the H.R.A. Meeting of September 8, 1987 to note that Comm. Lebens voted no on Resolution No. 87-4 Approving and Authorizing Execution of Tax Increment Pledge Agreement Respecting $2,660,000 G.O. Tax Increment bonds, Series 1987A. Motion carried unanimously. Vierling/Clay moved to approve the Minutes of September 1, & September 8, as Amended, and September 15, 1987. Motion carried unanimously. The Executive Director reviewed the Shakopee Valley Motel Tax Increment Financing Project. If the , project can not meet the December 31, 1987 time schedule, it could result in the use of a portion of the developers $50,000 letter of credit for debt service. Wallace Bakken, Owner of the Shakopee Valley Motel felt that while there was a potential for inclement weather, he could still meet the deadline. Not meeting the deadline will result in a lesser valuation on January 2, 1988 and a heavier reliance on the letter of credit. Another option would be to extend the tax increment by one year. Clay/Vierling moved to approve the amended developers agreement between Shakopee Housing and Redevelopment Authority and Mr. Wallace Bakken dba the Shakopee Valley Motel. Roll Call: Ayes: Clay, Wampach, Vierling, Leroux Noes: Lebens Motion carried. The Community Development Director reviewed the 1988 Tax Levy Resolution. Lebens/Wampach offered Resolution No. 67-5, 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 moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. H.R.A. October 6, 1987 Page 2 Vierling/Clay offered Resolution No. 87-6, A Resolution adopting a General fund Budget for 1988, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Lebens moved to direct staff to prepare a Resolution to designate HRA General funds. Motion carried unanimously. Clay/Vierling moved to recess. Motion carried unanimously. The meeting was recessed at 7:20 p.m, Clay/Vierling moved to reconvene as carried unanimously. HRA at 8:46 p.m. Motion Wampach/Clay offered Resolution No. 87-7, A Resolution Approving and Authorizing the Execution of an Amended and Restated Contract for Private Development with Shakopee Valley Square Properties. Roll Call: Ayes: Clay, Wampach, Noes: Lebens Leroux, Vierling Motion carried. Clay/Vierling moved to adjourn. Motion carried unanimously. The meeting was adjourned at 9:53 p.m, Dennis Kraft Executive Director Peggy Swagger Recording Secretary MEMO TO: Shakopee Housing and Redevelopment Authority and Shakopee City Council FROM: Dennis R. Kraft, Community Development Director RE: Establishing Date for Sale of $1, 600,000 General Obligation Tax Increment Bonds Series 1987 B DATE: October 28, 1987 INTRODUCTION• The City will need to issue $1,600,000 in general obligation tax increment bonds for the purpose of providing partial funding for the Upper Valley Storm Sewer Construction Project, for the mini by-pass design cost, and for related expenses associated with the costs of bond issuance and discount. BACKGROUND: The bulk of the bond proceeds ($1,406, 000) will be used to finance a portion of the Upper Valley Storm Sewer Project. It is anticipated that the City will need to provide an additional $2,000, 000 of funding for the Upper Valley Storm Sewer Project in 1988. The design costs for the Highway 169 bridge and mini by- pass construction, in the amount of $150, 000, will also be funded from this bond issue. The average annual debt service for this bond issue is approximately $204,740. This is based upon an estimated net interest rate of slightly over 8. 3$. The interest rates are estimates and may of course change, depending upon the prevailing interest rates at the time of the bond sale. Presently there are five existing bond issues which are being supported by tax increment income from Tax Increment Districts #1 (K-Mart) and #4 (Canterbury Downs) . Appendix three, attached, from Springsted Inc. in column four shows the debt service for these five issues. It is anticipated that the City will need to issue $2,000,000 in bonds in 1988 in order to finance the completion of the Upper Valley Storm Sewer Project. ALTERNATIVES• 1. Approve advertising for bond bids for December 1, 1987. 2. Do not authorize the sale of bonds at this time. RECOMMENDATION: It is recommended that the City Council authorize the bond offering for December 1, 1987. ACTION REODESTED: Move to adopt Resolution $ 2827 Approving the Issuance of $1, 600,000 of General Obligation Tax Increment Bonds, Series 1987 B and Authorize the Sale to Occur at 11: 30 A.M. , on Tuesday, December 1, 1987. 3 Extract of Minutes of Meeting of the City Council of the City of Shakopee, Scott County, Minnesota Pursuant to due call and notice thereof a regular or special meeting of the City Council of the City of Shakopee, Scott County, Minnesota, was held at the Shakopee City Ball on November 4, 1987, commencing at 7 :30 o'clock P.M. , C.T. The following Councilmembers were present: and the following were absent: The following resolution was presented by Councilmember who moved its adoption: RESOLUTION NO. 2827 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,600,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1987B BE IT RESOLVED by the City Council of the City of Shakopee, Scott County, Minnesota as follows: 3 1. It is hereby determined: (a) That the Rousing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority" ) , and/or the City have under- taken or will undertake the following public improvements (the "Improvements") within or for the benefit of the Authority' s Minnesota River Valley Rousing and Redevelopment Project No. 1, pursuant to and in full conformity with Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469 .179, inclusive: Upper Valley Storm Sewer Construction $1,406,000 Mini-Bypass Design Cost 150,000 Costs of Issuance 20,000 Discount 24,000 Total $1,600,000 (b) That the Authority has requested that the City issue its bonds to provide financing for the Improvements and that the Authority and the City enter into the tax increment pledge agreement respecting such bonds required by Minnesota Statutes, Section 469 .178, Subdivi- sion 2. (c) That it is necessary and expedient to the sound financial management of the affairs of the City and the Authority that the City issue its bonds pursuant to Minnesota Statutes, Section 469 .178, Subdivision 2, and Chapter 475, to provide financing for the Improve- ments. 2. The City shall therefore issue and sell its $1,600,000 General Obligation Tax Increment Bonds, Series 1987B (the "Bonds" ) , to provide financing of the Improve- ments, and $24,000 of such amount shall represent additional bonds issued pursuant to Minnesota Statutes, Section 475.56, as additional interest required to market the Bonds at this time. The Bonds shall be issued and sold in accordance with the following Official Terms of Offering: OFFICIAL TERMS OF OFFERING 3 $1,600,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 19878 Sealed bids for the Bonds will be opened by the City Administrator on Tuesday, December I, 1987, at 11:30 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated December 1, 1987, as the date of original issue, and will bear interest payable on February I and August I of each year, commencing August 1, 1988. Interest will be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof as requested by the Purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on the books of the Registrar as of the 15th day of the calendar month next preceding the interest payment. The Bonds will mature February I in the amounts and years as follows: $75,000 1991 $100,000 1995 $125,000 1998 $160,000 2001 $80,000 1992 $110,000 1996 $135,000 1999 $175,000 2002 $90,000 1993 $115,000 1997 $150,000 2000 $190,000 2003 $95,000 1994 OPTIONAL REDEMPTION The City may elect on February I, 1997, and on any interest payment date thereafter, to prepay Bonds due on or after February 1, 1998. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment income from the City's Housing and Redevelopment District 111. The proceeds will be used to finance the public costs of various improvements within the Housing and Redevelopment District Sl. TYPE OF BID A sealed bid for not less than $1,576,000 and accrued interest on the total principal amount of the Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount of 516,000, payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's Financial Advisor. No bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser foils to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of 1%. No rate for any maturity shall be more than 1% lower than any prior rate. Bonds of the some maturity shall bear a single rate from the date of the Bonds to the date of maturity. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, 00 reject all bids without couse, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of O'Connor & Hannon of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, or its designee, not later than 1:00 P.M., Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 25 copies of the Official Statement. Dated November 4, 1987 BY ORDER OF THE CITY COUNCIL /s/ Judith Cox Clerk 3. The City Clerk is authorized and directed to adver- tise the Bonds for sale in accordance with the foregoing Official Terms of offering and to cause the abbreviated notice of sale attached hereto as Exhibit "A" to be pub- lished in the manner required by law. The City Council shall meet on Tuesday, December 1, 1987, at 7:30 o'clock p.m. , C.T. , for the purpose of considering sealed bids on the Bonds and taking any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the fol)-owing voted against the same: whereupon said resolution was declared duly passed and adopted. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1987 . City Attorney EXHIBIT A NOTICE OF BOND SALE 3 $1,600,000 General Obligation Tax Increment Bonds Series 19878 City of Shakopee Scott County, Minnesota These Bonds will be offered on Tuesday, December 1, 1987 . Sealed bids will be accepted by the City Administra- tor or his designee until 11: 30 A.M. , C.T. , at the offices of Springsted incorporated, 85 East Seventh Place, Suite 100, St. Paul, Minnesota 55102-2143, when they will be opened. The City Council will meet in the Shakopee City Hall at 7 :30 P.M. , C.T. , on the same day to consider the bids for award of sale. Dated December 1, 1987, the Bonds will bear interest payable semi-annually on each February 1 and August 1, commencing August 1, 1988, and will mature on February 1 in the years and amounts as follows: $ 75,000 1991 $125,000 1998 $ 80,000 1992 $135,000 1999 $ 90,000 1993 $150,000 2000 $ 95,000 1994 $160,000 2001 $100,000 1995 $175,000 2002 $110,000 1996 $190,000 2003 $115,000 1997 Bonds maturing after February 1, 1997, will be subject to redemption and payment, in whole or in part, on said date and any interest payment date thereafter at par plus accrued interest. No rate of interest nor the net effective rate of the entire issue may exceed the maximum rate permitted by law on the date of sale. Minimum price, $1,576,000. An approving legal opinion will be furnished by O'Connor s Hannan, of Minneapolis, Minnesota. The purpose of the Bonds is to finance public improvement costs associated with the Minnesota River Valley Housing and Redevelopment Project No. 1 of the Shakopee Housing and Redevelopment Authority. Bidders should be aware that the Official Terms of Offering to be published in the Official Statement for the Offering may contain additional bidding terms and informa- tion relative to the Issue. In the event of a variance between statements in this Notice of Bond Sale and said Official Terms of Offering, the provisions of the latter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL /s/ Judith Cox City Clerk Dated: November 4 , 1987 Further information may be obtained from the Issuer ' s Finan- cial Advisor, SPRINGSTED INCORPORATED, 85 East Seventh Place, Suite 100 , St. Paul, Minnesota 55102-2143, 612/223- 3000 . Clerk ' s Certificate I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular or special meeting of the Shakopee City Council held on November 4, 1987, with the original thereof on file in my office and I further certify the same is a full, true, and correct copy thereof, insofar as the same relates to the issuance and sale of the City' s $1,600,000 General Obligation Tax Increment Bonds, Series 1987B. WITNESS My hand as such City Clerk and the corporate seal of the City this _ day of 1987 . City Clerk City of Shakopee, Minnesota (SEAL) RECOMMENDATIONS FOR CITY OF SHAKOPEE $1,600,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 19878 Study No. 3318 October 26, 1987 SPRINGSTED Incorporated - / SPRINGSTED PUBLIC FINANCE ADVISORS 85 East I"." Sw, !CO S.,,,Pa,! MAr,e,.ta 5,!(, 2143 G2-223-5000 FAX 5=2-2233022 October 26, 1987 Mayor Eldon A. Reinke Members, City Council Mr. John K. Anderson, Administrator Shakopee City Hall 129 E. Ist Avenue Shakopee, MN 55379 RE: Recommendations for the Issuance of $1,600,000 General Obligation Tax Increment Bonds, Series 19876. We respectfully request your consideration of our recommendations for the issuance of these bonds. Proceeds from this bond issue will be used to finance a portion of the Upper Valley Storm Sewer project and to provide a $150,000 for bridge mini-bypass design costs. The City will need to provide an additional estimated $2,000,000 of funding for the Upper Valley Storm Sewer project in 1988. The purpose of splitting the bond issue for the storm sewer project into two parts is to permit the City to continue to qualify as a "small issuer" under the Tax Reform Act provisions. On September 8, the City sold $2,660,000 of Tax Increment Bonds for a downtown streetscape program and $705,000 of Improvement Bonds. Those two issues total $3,365,000. In order to qualify as a small issuer the City must issue not more than $5,000,000 in one year, which would leave the City $1,635,000 of borrowing capacity this year. The benefit of the small issuer designation is that the City can retain any arbitrage profits it makes on the investments of its bond proceeds. The City qualified the first two issues for the small issuer exemption by anticipating this issue would be not more than $1,635,000. We are recommending a bond issue of $1,600,000 at this time. The composition of the proposed bond issue is as follows: Upper Valley Storm Sewer Construction $1 ,406,000 Mini-Bypass Design Costs 150,000 Costs of Bond Issuance 20,000 Bond Discount 24,000 Bond Issue $1 ,600,000 The City has additional improvement projects and the remaining $2,000,000 of construction needs for the Upper Valley Storm Sewer project which can be financed in 1988. Appendix I of these recommendations is our recommended maturity schedule for this bond issue. The average annual debt service for this portion is approximately $204,740. This is based upon the interest rates shown in Column 4. The bonds are amortized with the final maturity in the year 2003, a term of approximately 15 years. We are advising that the first principal payment be in 1991, in order to enhance the City's immediate cash position in these tax increment financing districts. Appendix II APPENDIX I v n W my m ro H 0 . a N N H O U S+ C ui 0 in 00 nor Y UH 1 o 0 0 0 0 0 0 0 0 m m m m O m m V N C ro ro N b OO� m O� p� HmmOOnOmH a N n N t1 U 10 z Y P. 4) Nmmr Hr �o oin n .r H �ONn r ,N W Hp C4 ro GL E U W mr NNrNHf bNPl � nem O m ..{ G Y v N 0 0 0 0 0 0 0 0 0 0 0 0 0 N C (L N M C N N N N N N N N N N N N N N N m •� 1a 3+ H N N ro y .•_ In000000000mu+ u+ mo in +' � m Nm omo, mmHmmooromH < N N •• ro ,i � � Nm mrNr �001I11.1 e•I HON t'1 n y GL U ro rW mnr Nr O nor mmn CH �O m W 7 N m Y V N N N H H O O� m n m �1 C t•1 ^'� C W N ro ro m � G � •+ H '� '� '1 'i HMO E E H M H 0 Y N N N [] C N 'W W N W ro H N M 7 N L 4) m, N N .. dP aP MdP dP JV dP tlP dP dP tlP dP dP dP dP r: 0 C W V' OO 0000000000000 4Ck W ro " mm y - OO m ON a V m O HN t•1 ? I[1b " 6i 2' U W 7 y•� a oo �ornrnrmmmmmmm H O •U,ti N '7p N G 2: .d .. OOOOOOO00000000 O hep yL '6 N m l ro 0 0 0 0 0 0 0 0 0 0 0 0 0 Omo 0 0 0 0 0 0 0 0 0 0 0 O N m N E N N N y M N O O m O O m iff m O O 1 O O • '� N '� U H O Y N L c N 3 c E W � .� m m v 0 0 3 L: O m W 0 4 4) y W . .. O� O H N f•f V N oo r m m O H N t'1 A N N '6 CLXm 1 OYN mmO. lllmmmmmmmm0000Oca ,0 0 T HH MOM$i H H H N H H H H N N N N ymmm � 0000 C •• Y D 7 M W 1 1 it N N ro y 4 Y H .a O H N N d > > ro ro ro W O 7 W T.-_ r m O. O H N t•1 V 1I1 'U r m 0� O H •• W ro 00 .yTwSO Y 0 > H HH H .� H HNN E T S U ro W . ro 7+ O yv W W W 7 HU, m. W 0. yy � m > > GL H 1 ro W E - L) N O ❑ S Page 3 APPENDIX 11 ro r W mY m W A 0 O � d N 0 A O U 4 G m mom o m W H O 0 0 0 0 Y O N mom m 0 ,y A Y m 0 0 0 0 0 0 0 0 0 0 0 m m o m N o m U 1p q % gyp 10 W mNrmr ree W emmA m �p m •M y 0 W " e r r . 0� 0 A m A m m m N e-0 z N O ` p. N E U W �o p� emm meeer ammnm m w C4 GY emmmmmmmmmmmmmm N Gy M G A A N N N N N N N N N N N N N m y N H n N W > y .-, m00000000000mm0 m Y% 7 � % m �0m W Nrmrreemem W H m O ,H w G � � e r r n 01 0 A m A m m m N e N O Y U A m m Wm01 pin m m010� W re OmmO m Y O W >1 >' y e m m m e n N A 0 01 m r m n N Hrow to N W E E fWl G H A A A A A A A A .tr 0 •i OU G 7Y G W m % .. tlP dP tlP tlP dP M Ji dP dP tlP M tlP000 A W W Y W e O O o 0 0 0 0 0 0 0 0 0 o 0 0 O4 W Z U O c U) W y v 0 0 W O N e W W O A N n V m � A O 5 oomrrrrrmmWWmmm % 7 U old Q Q •M c a ,yam 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O 00 V m 1 W n 11 , 0000000000 0 O mm ve m m too y 000000000000 o nomas ENN W G W U mm00 0mm00 C W 3 G O P O A N N n e m r m O M n O W W Y W L A A A A H A A A A N N N G E W '•� � m Y ,� s4 m 0 3 G 0 WHO 01 W mpANnemmr m D\ OA N n .. O % mro W Y '�m p y N m P mmAmmmo mmo o 00 y C O rr 0Z d % I p1 W plmm 0+ 0000 XE N W I I 10 YNi 7 ^ 1y'3 M yt! n N O A y q ^ O W y,i > r m W o A N n e m 1 D r W 0 O A •• S W y U OA www a C\ a W p10� m 06+ 00 .V71 U W10 0 O >O w ro W W mm0• D• Ot O. a• W P010. 0` a• OO C O, SH C W >.O W W 7 Lr7v A AAAAHAAAAAAA N N F •eyi N a 0 d 41 [0 m% 4 4 z H E- 03 cce '. — ' arm g i | _ 2412 R ) ki / 2i ( \ ( ( ! ! ! ! ■ \ ƒ ƒ � . ; ! ! r ! ° ® ! ■ ! lEEE ; ! ! ! # ! ! # $ � - ! ) - � � ! \ : ! ! 3 ! ! ! E ■ ! I ! . \ ! ! } 5 ° ! ■ ! ! l , , , , , , ■ ! « , , , § ! ; ( . . 2k / / i ; kk * kkkkk22 § "n 'z'z k -0 / \ � \ � k � \ \ \ ! f } ! ! ! ! ! , ! ! Ei ■ ! \ / ) | | | \ \ - - - - - - � � � • \ - / k ( k ( / kk ( k ! | ! ; E ! OFFICIAL TERMS OF OFFERING / $1,600,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 19878 Sealed bids for the Bonds will be opened by the City Administrator on Tuesday, December I, 1987, at 11:30 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the some day. DETAILS OF THE BONDS The Bonds will be dated December I, 1987, as the date of original issue, and will bear interest payable on February I and August I of each year, commencing August I, 1988. Interest will be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof as requested by the Purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest on each Bond will be payable ln check or draft fthe staedregistered holder thereof at his address as it appears othe books of theRegirras of the 15th day ofthe calendar month next preceding the interest payment. The Bonds will mature February I in the amounts and years as follows: $75,000 1991 $100,000 1995 $125,000 1998 $160,000 2001 $80000 1992 $110,000 1996 $135,000 1999 $175,000 2002 $90,, 000 1994 000 1993 $115,000 1997 $150,000 2000 $190,000 2003 OPTIONAL REDEMPTION The City may elect on February 1, 1997, and on any interest payment date thereafter, to prepay Bonds due on or after February 1, 1998. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment income from the City's Housing and Redevelopment District Ill. The proceeds will be used to finance the public costs of various improvements within the Housing and Redevelopment District Ill. TYPE OF BID A sealed bid for not less than $1,576,000 and accrued interest on the total principal amount of the Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount of 516,000, payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's Pcoe 6 3 Financial Advisor. No bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of 1%. No rate for any maturity shall be more than 1% lower than any prior rate. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of O'Connor & Hannan of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, or its designee, not later than 1:00 P.M., Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 25 copies of the Official Statement. Dated November 4, 1987 BY ORDER OF THE CITY COUNCIL /s/ Judith Cox Clerk oa^_e 7 1 Financial Advisor. No bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to s having been made. Rates offered by Bidders shall be in another date without award of the Bond integral multiples of 5/100 or 1/8 of 1%. No rate for any maturity shall be more than 1% lower than any prior rate. Bonds of the some maturity shall bear a single rate from the date of the Bonds to the date of maturity. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, 00 reject all bids without cause, and, (iii) reject any bid which the City determines to have tailed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of O'Connor & Hannan of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, or its designee, not later than 1:00 P.M., Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by.action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to The bid opening. The Purchaser will be provided with 25 copies of the Official Statement. Dated November 4, 1987 BY ORDER OF THE CITY COUNCIL /s/ Judith Cox Clerk Pace 7 �y MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Dennis R. Kraft, Executive Director RE: Amendment to Indenture Relating to 1979 Bonds DATE: October 28, 1987 INTRODUCTION• It is requested that the HRA consider certain Amendments to the Indenture respecting the BRA'S $5,300, 000 Special Obligation Tax Increment Bonds, Series 1979, dated November 1, 1979. BACKGROUND: In November of 1979 the HRA issued $5,300,000 worth of Special Obligation Tax Increment Bonds. As a part of this process an Indenture, dated November 1, 1979, by and between the Northwestern National Bank St. Paul and the Housing and Redevelopment Authority was executed. All of the bonds issued in conjunction with this project (the K-Mart Project) arel optionally be redeemed in full o "defeased" and wiln October 1, 1989. This defeasance_ was accomplished in two stages. The original Indenture established a so called discharge fund which was to be used to accumulate excess bond proceeds and held for early redemption of the bonds. As of this date the discharge fund is securing $1,305,000 of the bonds which will be redeemed on October 1, 1989. The second part of the defeasance was the issuance by the BRA of the $3,140,000 Tax Increment Revenue Refunding Bonds, Series 1984, dated October 1, 1984 , which were issued to defease the remaining portion of the bonds. This past May the HRA adopted a resolution which authorized the execution of an amendment to the escrow agreement which was in place and related to the above mentioned 1984 refunding bonds. This action was taken in response to a request made on behalf of the holders of some of these bonds that they be rated by Moody's Investors Service. The amendment was executed but Moody's subsequently discovered that the provisions of the Indenture relating to the Discharge Fund were not sufficient to meet it's applicable rating guidelines. Following that Moody's insisted that the Indenture be amended to satisfy it's concerns. Therefore, the HIAA has before it at this time an amendment to the Indenture which is acceptable to both Moody's and the Trustee of the bonds, Norwest Bank Minneapolis, National Association. The principle changes in the Indenture, attached, are restrictions on the amending of the Indenture, which makes the monies deposited in the Discharge Fund irrevocable for the benefit of the bond holders and restricts further investments of the funds on hand in the Discharge Fund to United States Government Obligations. Exhibit A of the Amendment to Indenture lists current investments which the trustee holds in the Discharge Fund. The execution of this Amendment to the Indenture will neither affect nor cause the Trustee to liquidate those investments. In summary the changes requested to the indenture, as contained in the Amendment to the Indenture are customary provisions of escrow agreements relating to bond de£esance and they are of the kind envisioned by the original provisions of the Indenture although not spelled out in as great a detail as Moody's now requires. If anything, the changes could be of benefit to the bond holders because they may well result in a better rating for the bonds and would also improve the security provisions relating to the handling of the money in the Discharge Fund which is dedicated to redeeming some of the bonds in 1989. Assistant City Attorney, Rod Krass, has reviewed the Amendment and recommends approval of the Amendment to the Indenture. ALTERNATIVES• 1. Approve the Amendment to the bond Indenture. 2. Do not approve the Amendment to the Indenture at this time. RECOMMENDATION• It is recommended that the BRA approve the Amendment to Indenture for the Special Obligation Tax Increment Bonds, Series 1979, dated November 1, 1979. ACTION REODESTED: Move to adopt Resolution No. 87-8 Approving an Amendment to the Indenture Relating to the HRA's $5,300,000 Special Obligation Tax Increment Bonds, Series 1979. _ .; RESOLUTION NO. 87-8 RESOLUTION APPROVING AN AMENDMENT TO THE INDENTURE RELATING TO THE HRA'S $5, 300, 000 SPECIAL OBLIGATION TAX INCREMENT BONDS, SERIES 1979 BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "HRA" ) , as follows: 1. Recitals. (a ) Pursuant to a resolution duly adopted on November 20, 1979 , the HRA issued its $5, 300, 000 Special Obligation Tax Increment Bonds, Series 1979, dated November 1, 1979 (the "1979 Bonds" ) . (b) In connection with the issuance of the 1979 Bonds, the HRA entered into a certain Indenture, dated as of November 1, 1979 (the "Indenture" ) , between the HRA and Northwestern National Bank Saint Paul, as Trustee thereunder, which Trustee has subsequently been succeeded by Norwest Bank Minneapolis, National Association, as Trustee under the Indenture. (c) The BRA has been requested by a party seeking to obtain a rating on the 1979 Bonds from Moody' s Investors Service to amend the Indenture as hereinafter provided in order to obtain such rating. (d) There has been prepared and presented to the HRA a certain Amendment to Inaeature, dated as of November 5 , 1987 (the "Amendment" ) , which contains the changes to the Indenture requested by Moody' s Investors Service in connection with the _ati.-.g o' the 1979 Bonds. , - _ c='Lyesc_ _..� c- are eby a. -_ncrized to -_____ a.z ae'_ .,iver t �..,. .._ ___. c= _. ac_ the aRAG Adopted by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, this 4th day o' November, 1967 . 7 Chairman ATTEST: Executive Director Approved as to form this day of 1987. City Attorney AMENDMENT TO INDENTURE This Amendment to Indenture (the "Amendment" ) is made as of the 5th day of November, 1987, is by and between Norwest Bank Minneapolis, National Association, Minneapolis, Minnesota (the "Trustee" ) , and the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority" ) , and provides as follows: 1. Recitals. (a) The Authority has issued its $5, 300,000 Special Obligation Tax Increment Bonds, Series 1979, dated November 1, 1979 (the "Bonds" ) , pursuant to a certain Indenture, dated as of November 1 , 1979 (the "Indenture" ) , by and between the Authority and Northwestern National Bank of Saint Paul, St. Paul, Minnesota, as trustee thereunder. (b) As used in this Amendment, unless the context hereof clearly indicates otherwise, all capitalized terms shall have the respective meanings prescribed in the Indenture. (c) On the date hereof, Norwest Bank Minneapolis, National Association, is the successor to Northwestern National Bank of Saint Paul as Trustee under the Indenture. (d) Pursuant to the terms of the Indenture, certain funds have heretofore been deposited and invested within the Discharge Fund established under Section 5. 06 of the Indenture for the purpose paying the principal of and interest on $1, 305, 000 of Bonds which have a stated maturity date of April 1 , 2001 (the "Defeased Bonds" ) , and which pursuant to the Indenture are required to be and shall be optionally redeemed on October 1, 1989 (the "Redemption Date" ) . (e) As of the date hereof, the investments and/or other monies currently on deposit in the Discharge Fund are set forth in the attached Exhibit A, and the term "Escrowed Funds" means said investments and/or other monies, together with any investments or reinvestments thereof in the Discharge Fund which are permitted by the Indenture, as amended by this Amendment. (f) The Authority and the Trustee have been requested on behalf of certain Holders of Bonds to enter into this Amendment in order to facilitate the issuance of a rating on the Bonds from Moody' s Investor=_ ___ :___. -i- 2. Amendment of Indenture. The Authority and the Trustee reaffirm that the Escrowed Funds are being held pursuant to the Indenture for the purpose of paying the principal of and interest on the Defeased Bonds coming due upon and prior to their prior redemption on the Redemption Date. This Amendment shall constitute an amendment of the Indenture with respect to the Discharge Fund and for the benefit of the Holders of the Defeased Bonds, and in the event that any provision of this Amendment shall be supplementary to or shall conflict with any provision of the Indenture, said provision of this Amendment shall govern, but otherwise the applicable provisions of the Indenture shall remain in full force and effect. 3. Irrevocability. The deposit, investment, and any permitted reinvestment of the Escrowed Funds shall be irrevocable and made for the purpose of meeting the payment obligations described above respecting the Defeased Bonds. To the extent, if any, that Holders of the Bonds are allowed under the Indenture to revoke or rescind the provisions of the Indenture (including without limitation the provisions of this Amendment) respecting the Discharge Fund or to otherwise affect the above-described payment and defeasance of the Discharge Bonds, approval thereof of 1008 of the Holders of the Bonds shall be required and prior written notice thereof shall be made by the Trustee to Moody' s Municipal Rating Desk/Refunded Bonds, 99 Church Street, New York, New York 10007. 9 Amendments. No amendment to this Amendment or to the Indenture, insofar as the same would relate to the Discharge Fund or the above-described payments to be made therefrom with respect to the Defeased Bonds, shall be permitted except to correct ambiguities, to strengthen the protection of Holders of the Defeased Bonds, or to sever a clause a deemed to be illegal. No such permitted amendment shall be made unless the Trustee shall have given prior written notice thereof to Moody' s Investors Service in care of the office and address given in the preceding paragraph hereof. 5. Investments; Reinvestments. The Escrowed Funds shall be held and/or invested or reinvested by the Trustee in cash, cash deposits, or in direct, non-callable United States government obligations or those unconditionally guaranteed by the United States Government, except that the Trustee may retain in the Discharge Fund the Federal National Mortgage Association obligation listed in Exhibit A, provided that the reinvestment of all monies received by the Trustee representing payment of earnings thereon or principal thereof shall be governed by the provisions of this paragraph 5. All investments and reinvestments shall mature on or before the date, as required per the then current CPA verification respecting the Discharge Fund and the -2- Defeased Bonds, upon which the Trustee shall be required to use the Escrowed Funds, or appropriate portions thereof, to make the above-described payments of the principal of and interest on the Defeased Bonds . IN WITNESS WHEREOF, the Authority and the Trustee have caused this Amendment to be executed on their behalfs by their duly authorized representatives. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA By Chairman By Executive Director [Signature of Trustee on next page. ] -3- age to the ment to nture , dated (This is the sure 1987 b pand betweenAthedHousing and Redevelopmentas of November 5 ,, , 1' Minnesota, and Norwest Authority in and for the City of Shakopee, Bank Minneapolis, National Association, as Trustee under the Indenture. ] NORWEST BANK MINNEAPOLIS, NATIONAL ASSOCIATION, AS TRUSTEE By Its -4- EXHIBIT A TUTA - ACCOUNT OPERATIONAL LIST OF ASSETS BANK 00 MAIN ACCOUNT 0-82186-04-3 SHAKOPEE DISCHARGE FUND PRICE DATE ACV/MKT VAL SECURITY/REG/UNITS SECURITY DESCRIPTION 230 ,899 TUIS ,VP3139986 ,00 FED NATL MTG ASSN VPN 00/00/00 230 ,899 230 ,899 . 790 06. 351% TUIB ,912827QW5 ,00 U S TREASURY NOTES 1 , 148 ,125 1 , 100 ,000 . 000 DTD 06-01-84 13 . 875%. 08-15-89 09/24/87 1 ,202 ,432 CASH 0 TOTAL MARKET VALUE 1 ,433,331 FS MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: Request to City Council to Hold a Public Hearing on Certain Proposed Changes Relating to the HRA's Minnesota River Valley Housing and Redevelopment Project No. 1 DATE: October 30, 1987 INTRODUCTION• It has been contemplated that tax increment financing would be used to finance certain improvements within the City including the "Mini By-pass"/169 Highway Bridge and the Upper Valley Drainage Project. As a prerequisite to this activity the City Council needs to hold a public hearing on certain changes relating to the HRA's Minnesota River Valley Housing and Redevelopment Housing Project No. 1. BACKGROUND: It is contemplated that $1,600, 000 in G.O. Tax Increment Bonds will be sold on December 1, 1987 for the purpose of financing the design costs associated with the Mini By-pass/169 Bridge Project and the Upper Valley Drainage Project. It is also contemplated an additional $1,900,000 in bonds will be sold in 1988 for additional work on these projects. Minnesota Statutes require that the HRA request the City to hold a public hearing on the changes to the Housing and Redevelopment Project No. 1 in order to use this form of financing. ALTERNATIVES• 1. Adopt Resolution No. 87-9 which will request the City Council to hold a public hearing on certain plan amendments. 2. Do not approve Resolution No. 87-9. RECOMMENDATION: It is recommended that alternative $1 above be followed and that the City Council be requested to make certain plan amendments to the Minnesota River Valley Housing and Redevelopment Project No. 1. ACTION REOUESTED: Move to adopt Resolution No. 87-9 Requesting the City Council of the City of Shakopee to Hold a Public Hearing on Certain Proposed Changes Relating to the HRH's Minnesota River Valley Housing and Redevelopment Project No.l. RESOLUTION NO. 87-9 Resolution of the Board of Commissioners of the Shakopee HRA Requesting the City of Shakopee to Hold a Public Hearing on Certain Proposed Changes Relating to the HRA' s Minnesota River Valley Housing and Redevelopment Project No. 1. 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 established its Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project" ) and has adopted a Redevelopment Plan therefor. (b) Within the Project the Authority has duly established and there are currently exisiting therein certain Tax Increment Financing Districts. (c) In connection with the proposed making of certain storm sewer, mini-bypass design, and related public improvements (collectively, the "Improvements" ) , the Authority is considering modifying the Redevelopment Plan to reflect increased public improvement costs within the Project and amending the Tax Increment Financing Plans for the Authority' s Tax Increment Financing District Nos. 2, 3, 9 , and 6 . 2 . Findings. The Board hereby finds and determines the following: (a) The making of the Improvements would be consistent with and in furtherance of the objectives the Redevelopment Plan. (b) The Board believes that the making of certain of the Improvements (including without limitation storm sewer improvements ) can best be done as a cooperative effort between the City and the Authority and hereby conveys to the City Council the Board' s preliminary indication of its willingness to do so. (c) The Board hereby requests that the City Council conduct a public hearing on the proposed Improvements, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3. The Board further requests that, if the making of the proposed Improvements be approved, the City Council give consideration to the issuance of $1 ,600,000 General Obligation Tar. Increment Bonds to provide financing for a portion of the cost thereof. Adopted by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, this 4th day of November, 1967. Chairman of the Housing Authority ATTEST: Executive Director Approved as to form this day of 1987• City Attorney J` Executive Director' s Certificate I, the undersigned, being the duly qualified and acting Executive Director of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, hereby certify that I have carefully compared the attached and foregoing resolution with the original thereof on file in my office and further certify that the same is a true and complete copy thereof, relating to certain proposed changes to the Authority' s Minnesota River Valley Housing and Redevelopment Project No. 1, as such resolution was duly adopted by the Board of Commissioners of the Authority at a duly called and regularly held meeting thereof on November 4, 1987 . WITNESS my hand as such Executive Director this _ day of 1987 . Executive Director Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota TENTATIVE AGENDA SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 4, 1987 - WEDNESDAY - Mayor Reinke presiding - 11 Roll Call at 7 :00 P.M. 2] Liaison Reports from Councilmembers 31 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 4] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *51 Approval of the Minutes of October 6, 1987 61 Communications: a] Virgil S. Mears re: Star City Reception Transportation b] James A. Weeks re : resignation from. Energy and Commission c] Petition re: speeding in alley between Apgar and Shumway and between 6th and 7th d] AMM Policy Adoption Meeting and Other Items e] 1988 LMC Annual Conference Planning Committee *f] Action Alert re: cities insisting that congress reach FY' 88 budget agreement to prevent cuts in funds or shift in tax burden to local level 91 LMC Regional Meeting Legislative Tissues Voting Card Results 7] Boards and Commissions: Planning Commission: a] Preliminary and Final PUD for Shakopee Valley Square 1st Add'n. Community Development Commission (formerly ICC) b] Community Development Commission Newsletter 81 8:30 P.M. Recess for Housing and Redevelopment Authority Meeting 91 Re-convene 10] Reports from Staff: (Council will take a 10 minute break around 9:00) a] Damage Claim - Ralph Ferry - tabled 10/20 b] Award Bids for Snowblower - tabled 10/20 c] Valleyfair Service Agreement Fee d] Nomination to Planning Commission *e] Shiely Company Water Appropriations Permit f] Approve Bills in Amount of $5,759, 620.09 =T'A'-VE AGENDA November 4, 1987 101 Reports from Staff continued: g] Garbage Contract for 1988/1989 *h] Closing for Minn. Twins World Championship Day *i] Contract with Municipal Ordinance Codifiers for Updating City Code j] On Sale Liquor License Minimum Investment k] Parking Restrictions on Sommerville - memo on table *11 Permit for Right Turn Lane Intersection TH-101/169 m] Reimbursement for Corstruction Cost - Eagle Creek Junction 1st n] Procedure for Seeking Quotes or Proposals *o] 1988 League of Minnesota Cities Proposed City Policies and Priorities 111 Resolutions and Ordinances: a] Res. No. 2828, Calling A Public Hearing on the Proposed Amend- ment of the Redevelopment Plan Relating to the Shakopee HRA' s Minnesota River Valley Housing and Redevelopment Project No. 1 and the Proposed Amendment of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 2, 3, 4, and 6 Therein b] Res. No. 2827, Providing for the Issuance and Saleof yin 500,000 General Obligation Tax Increment Bonds, Series 1987B -"iv&,Vq. #-3 c] Ord. No. 235, Changing the Name of the Shakopee Industrial Commercial Commission *d] Res. No. 2825, Initiating Vacation of An Easement in Weinandt Acres e] Res. No. 2829, Canvassing Returns for the Municipal Election on table 121 Other Business: a] b] c] 13] Adjourn to Tuesday, November 17, 1987 John K. Anderson City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 6, 1987 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Wampach, Lebens, Vierling, Clay and Leroux Present. Also present were Ken Ashfeld, City Engineer; Julius Coller, II, City Attorney; Douglas Wise, City Planner; Dennis Kraft, Community Development Director and John K. Anderson, City Administrator. Leroux/Clay moved to recess for HRA. Motion carried unanimously. wampach/Clay moved to reconvene for City Council at 7:20 p.m. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Reinke asked if there was anyone in the audience who wished to speak on any item on the agenda. There was no response. Vierling/Leroux moved to approve the consent business. Roll Call: - Ayes: Unanimous Noes: None Motion carried. Vierling/Leroux moved to approve the minutes of September 22, 1987 meeting. (Approved under consent business) . Leroux/Lebens moved to receive - and place on file the correspondence from Steve Keefe, Chair, Metropolitan Council noting a breakfast meeting October 9, 1987. Motion carried unanimously. Leroux/Wampach moved to table until the October 27, 1987 meeting correspondence from Donna Hyatt relating to the Starwood Music Center. Motion carried unanimously. Clay/Vierling moved to table until the October 27, 1987 meeting correspondence from Herb Dallmann opposing the Starwood Music Center. Motion carried unanimously. Leroux/Vierling moved to open the public hearing on Vacation of Easements in Valley Park 6th Addition. Motion carried unanimously. The City Administrator reviewed the background of the request on Vacation of Easements in Valley Park 6th Addition. A representative of Scottland Companies showed a map of the abutting property lines in detail. Leroux/Vierling moved to close the public hearing. Motion carried unanimously. City Council October 6, 1987 Page 2 wampach/Leroux moved to 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 moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. The City Planner reviewed the Planning Commission' s recommendation that the City's Zoning Ordinance not be amended to allow temporary sales offices as a conditional use in residential districts. Discussion was held relating to the possibility of future uses of this ordinance. 1 Wampach/Lebens moved not to approve Ordinance No. 231. Motion carried with Cncl. Clay and Vierling opposed. _ Leroux/Vierling offered Ordinance #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, and moved its adoption. Motion carried unanimously. Larry Frank, of Meritor Development, stated that they have a purchase agreement and will be scheduling the project to start in November with weather permitting, working through the winter. There was discussion of their potential use of temporary sales trailers. The City Planner reviewed the Ordinance Rezoning Portion of Bluff Avenue from R-3 to B-1. Questions relating to the permitted use of single or multi-family homes in the B-1 and R-3 zones. If this area is changed to a B-1 zone, a single-family home or multi-family home will be a non-conforming use. Presently, the businesses in the area are a non-conforming use. The loss of over 50% of their buildings due to fire or other damages was discussed. Any conventional, FHA, VA, etc. financing cannot be obtained on a non-conforming property. Mr. Scherer, 1047 Bluff Avenue, said that he pays commercial taxes and has a property that cannot be sold. Arlo Johnson, Owner of the Budget Host Hotel, has a property on the other side of Bluff Street and some of the truckers use this as a parking area. This is not allowable. Perhaps some areas should be commercial if it involves abutting commercial property. City Council October 6, 1987 Page 3 Bob Schilz, Owner of Ornamental Iron Works, stated that his original request was only to include the area from his business to the Body Shop without inclusion of Mr. Scherer's house and other properties. His commercial property is also subject to the fire or other damage provision that if there is over 50% loss, the structure cannot be rebuilt. Mr. Johnson of the Budget Host Motel mentioned that a driveway to be put in at Bluff Avenue will ue used by Shakopee Valley Motel. Leroux/Lebens moved to amend Ordinance No. 234 under Section II: Rezoning to read "All that part of the City of Shakopee laying east of Dakota Street and West of Prairie Street, East of Naumkeg and West of Marschall Road is hereby removed from the Mid Density Zone (R-3) and placed in the Highway Business Zone (B-1) . Motion carried unanimously. Leroux/Lebens offered Ordinance No. 234, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 11 entitled "Land Use Regulation (Zoning)" by Removing Certain Parcels and Tracts of Land Herein Described from Mid Density Residential (R-3) and by placing said Parcels and tracts in Highway Business Zone (B-1) and by Adapting by Reference Shakopee City Code Chapter 1 and Section 11.99, as amended, and moved its adoption. Motion carried unanimously. Vierling/Leroux moved to offer Resolution No. 2809, Approving the Final Plat for Eagle Creek Junction 2nd Addition and moved its adoption. (Approved under consent business) . Vierling/Leroux moved to offer Resolution No. 2808, Amending Resolution No. 2760 Final Plat Approval for Heritage Place and moved its adoption. (Approval under consent business) . Vierling/Leroux moved to approve Shakopee Dial-A-Ride Contract Amendment #4. (Approved under consent business) . The Dial-A-Ride service relating to the expansion of service to Chaska was discussed. Leroux/Clay moved 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. Motion carried unanimously. Vierling/Leroux offered Resolution No. 2807, A Resolution Amending Resolution No. 1982, A Resolution Establishing the Energy and Transportation Committee, by Broadening the Committees Representation, and moved its adoption. (Approved under consent business) . City Council October 6, 1987 Page 4 The Community Development Director summarized the background and workings of the Downtown Committee. Gary Laurent of the Downtown Committee discussed the promotion of development of Downtown Economic Enhancement of the City of Shakopee. Would the Downtown area benefit from a larger development which may be groups of smaller businesses? It was suggested that the Downtown committee meet and discuss their goals with the Industrial Commercial Commission. The benefits of a marketstudy being done and possible involvement of the City Planning Department was discussed. Other areas of concern were fire protection, effect of the mini by-pass, and the public' s response to the streetscapes. Leroux/Clay moved to amend Resolution No. 2810 deleting paragraph 1 after the NOW, THEREFORE . . , and renumbering the remaining paragraphs 2 and 3 to become 1 and 2. Motion carried with Cncl. Lebens opposed. Leroux/Vierling offered and moved to adopt Resolution No. 2810 as amended, A Resolution Taking the Appropriate Measures to Ensure That New Development in the Downtown Area will Enhance the Economic Vitality of Downtown Shakopee. Motion carried with Cncl. Lebens opposed. Vierling/Leroux moved 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. (Approved under consent business) . Clay/Leroux moved for a five minute recess at 8:35 p.m. Motion carried unanimously. Clay/Vierling moved to reconvene City Council at 9:53 p.m. Motion carried unanimously. Leroux/Vierling moved to amend Resolution No. 2813 deleting the words 111st Addition" any place where they occur within the Resolution. Motion carried unanimously. Leroux/Vierling offered Resolution No. 2813 Making a Negative Declaration on the Need for the Preparation of an Environmental Impact Statement for Canterbury Estates, and moved its adoption. Motion carried unanimously. Leroux/Lebens moved to accept the resignation of Dave Pomerenke from the Planning Commission with regrets and have a Resolution of Appreciation be drafted by Staff. Motion carried unanimously. Leroux/Vierling moved to advertise the position on the Planning Commission and accept the application of persons currently interested. Motion carried unanimously. City Council October L, 1987 J Page 5 Cncl. Lebens questioned why there was only one bid for the Roof Top Heating and A/C Replacement on the Police Station. The City Administrator responded that advertisements were placed in the newspaper and no other contractors responded. A more aggressive advertising approach by the City was discussed. Clay/Vierling moved to direct staff to develop some options for the Council on the bidding process for smaller items. Motion carried unanimously. Leroux/Wampach moved to award the bid to Associated Mechanical for the replacement of the multizone roof top heating and A/C unit at the police station in the amount not to exceed $46,160.00. Roll Call: Ayes: Unanimous Noes: None Motion carried. The Community Development Director summarized the situation relating to building materials used in an extension to the Certainteed Corp. building. He recommended waiver of a variance fee and holding a variance hearing noting it was not a precedent setting situation. The same process was followed twice previously when staff discovered certain Ordinance provisions had not been followed in OKing a building permit. Vierling/Leroux moved 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. Roll Call: Ayes: Unanimous Noes: None Motion carried. Discussion was held regarding the selection of final location for - the Huber Park Trail. The use of the current bridge as a scenic overlook was suggested. The timing of the LAWCON/LCMR grant in relation to the project were discussed. Vierling/Clay moved to authorize the appropriate city Officials to execute amendment to the LAWCON/LCMR Grant Agreement to extend the project until December 31, 1988. Motion carried unanimously. Leroux/Vierling moved 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 allowed from the State share of the total grant funding sources. City Council October 6, 1987 Page 6 Roll Call: Ayes: Wampach, Vierling, Leroux, Clay, Mayor Reinke Noes: Lebens Motion carried. The City Engineer answered Councilmembers questions relating to the Marschall Road sidewalk repair project. The cost was reasonable because it was two different segments of sidewalk. The construction process was discussed as this section of sidewalk has failed in the past. Wampach/Lebens moved to authorize payment of $414.00 to Minnesota State Curb-Gutter Corp. , 6801 West 150th Street, Apple Valley, MN 55124. Roll Call: Ayes: Unanimous Noes: None Motion carried. The City Engineer reviewed the background of traffic control on 1st Avenue & Holmes. MNDOT has made suggestions which were reviewed: implementing a dual left turn and elimination of some parking. Jim Dunning has a major concern of two left lanes turning, especially in regards to trucks making left-turns. This will restrict all lanes of traffic. He does not feel this project will really alleviate the traffic problems. The City Engineer mentioned the possibility of using a stop bar in order to facilitate traffic. The dual turn lights are supposed to be automatically triggered during peak traffic times. Bruce Carnes, from the Bakery, had concerns regarding the tieing up of the right-turn lane. He feels that parking is a current problem downtown with the construction. Also, he had concerns relating to snow piling up and the traffic slowdown caused by this. Discussion was held regarding the City Engineer investigating a possible no right hand turn on red light at this intersection. Leroux/Lebens moved to return this matter to Staff for further clarification and planning. Motion carried unanimously. Wampach/Leroux moved to receive and place on file correspondence regarding Environmental Risk Assessment at the Louisville Landfill. Motion carried unanimously. The City Engineer addressed the prospective change order of the Downtown Streetscape Project, adding that there is storm drainage water coming off the Library parking lot and this project City Council October 6, 1987 Page 7 provides the opportunity to control the drainage. Joe Topic has suggested that he is willing to pay for the paving of a piece of property, if the City will lease it to him. The parking lot will remain public parking. Mr. Topic explained that there is a water drainage problem and there would not be a large benefit to him in the parking, but more so to solve this water problem and clean up the gravel being tracked into the building. Discussion was held regarding the term of the lease and the fact that there would be no guarantee of diverting all the run-off. Leroux/Vierling moved to direct staff to cause the improvement of the alley between 2nd Avenue & 3rd Avenue and Lewis Street and Sommerville Street. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/wampach moved to direct - staff to enter into an agreement for the paving of the City' s portion of Lot 10 and part of Lot 9 North of the Alley between 2nd Avenue & 3rd Avenue and Lewis & Sommerville and to execute a lease with Mr. Topic for 5 year at a rate of $1.00 per year and other valuable considerations. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Vierling moved to approve Change Order No. 3 with a net increase of $48,562. 50 for the Downtown Streetscape Project No. 1987-2 and to note in the Minutes that this is the same change order previously discussed and not a second large change order. Roll Call: Ayes: Clay, Vierling, Leroux, Mayor Reinke Noes: Lebens, Wampach Motion carried. Clay/Leroux moved to approve bills in the amount of $744, 819.79. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Leroux moved to approve the transfer of $117,818.38 from the Revenue Sharing Fund to the General Fund. (Approved under consent business) . City Council October 6, 1987 Page 8 Vierling/Leroux moved to approve the abatement of storm drainage code 73 in the amount of $379.26 for the pay 1987 for parcel 27- 906010-5 due to correction of parcel classification. (Approved under consent business) . The City Attorney reported that the hearing on the Pullman Club Liquor License will be held Monday, October 12, 1987 at 9:30 a.m. at City Hall. The City will take action to have their bonds forfeited. Discussion was held on the Licensing of Outdoor Performance Centers in the City of Shakopee. The matter of a $50,000 interest-bearing letter of credit, not a bond being required was discussed. Leroux/Vierling moved to amend Ordinance No. 230 to replace Section VI with Alternative Section VI which is given on the back of the last page of Option 4. Motion carried unanimously. Bruce Malkerson of Scottland Companies reviewed the subject of his letter to the City Council and Mayor on October 6, 1987. Leroux/Vierling moved to amend Ordinance No. 230 (Option 4) as follows: Change #1: SECTION VI: Performance Bond - Paragraph 2, Line 6 after the words 'relevant law' - ADD: That all or a portion of such escrow or letter of credit, to be determined after a hearing by the City Council, . . , then continuing with the paragraph. Change #2: SECTION VIII: Prohibited Conduct on the Premises- Add as first paragraph: "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. " To then continue with numbered paragraphs 1 through 6. Motion carried unanimously. Leroux/Vierling offered Ordinance No. 230, as Amended, an Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code Chapter Entitled "Other Business Regulations and Licensing" by Adding a New Section 6. 42B Providing for the Licensing of Outdoor Performance Centers and By Adopting Reference Section 6.99, Which Among Other Things Contain Penalty Provisions, and moved its adoption. Motion carried unanimously. Vierling/Leroux offered Resolution No. 2803 , A Resolution Amending Resolution No. 2635 Adopting the 1987 Budget, and moved city Council October 6, 1987 'S Page 9 its adoption. (Approved under consent business) . The City Administrator reviewed the background of Resolutions No. 2815, 1816 and 2814. Cncl. Lebens expressed her concerns on the budget and fund balances. Leroux/Vierling offered Resolution No. 2814, A Resolution Approving 1987 Tax Levy, Collectable in 1988, and moved its adoption. Roll Call: Ayes: Clay, Leroux, Vierling, Mayor Reinke Noes: Wampach, Lebens - Motion carried. Vierling/Clay offered 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, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Lebens moved to offer Resolution No. 2818, A Resolution Directing the County Auditor Not to Levy A Tax For Debt Service For Selected Bond Issues, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Leroux offered 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 Constructions and moved its adoption. (Approved under consent business) . Vierling/Leroux moved to reconsider Resolution No. 2791; amend Resolution No. 2791 to include the revised assessment role as revised on october 1, 1987; and offered Resolution No. 2791, A Resolution Adopting Assessments for 13th Avenue from C.R. 89 to the east Corporate Limits, Project No. 1986-9 and moved its adoption. (Approved under consent business) . Lebens/Leroux moved to revise Ordinance No. 233 Providing for Certain Exemptions of Revised Park Dedication Fees which includes Alternative No. 1 - exempting 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) with the amended Ordinance to be sent to the Planning Commission for their City Council October 6, 1987 Page 10 consideration and required public hearing. Motion carried unanimously. Vierling/Leroux offered Resolution No. 2802, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of the Subdivision of Land Into Behringer First Addition, and moved its adoption. (Approved under consent business) . Vierling/Leroux offered resolution No. 2804, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of the Subdivision of Land Into Heritage Place, and moved its adoption. (Approved under consent business) . Vierling/Leroux offered Resolution No. 2811, A Resolution Appointing Judges of Election and Establishing Compensation, and moved its adoption. ( Approved under consent business) . Vierling/Leroux moved to adopt Resolution No. 2819, A Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1988. (Approved under consent business) . Leroux/Wampach moved to request Mr. Hanover to appear before the City Council on October 20, 1987 to show cause why he hasn't complied with the City Code. Motion carried unanimously. The City Administrator stated that the Indirect Source Permit for the Starwood Music Center would not be completed by 10/13/87. The meeting set for 10/13/87 was then tentatively rescheduled for October 27, 1987. The new ownership of the Minnesota Valley Mall is looking at extensive proposals for reviving the Mall. Would the City Council consider a 3-part lease in which they would build a facility for a hockey arena, lease it to the City for debt service cost and operating costs and the City would in turn lease it to the Hockey Assoc. to manage. The concept was discussed and Council agreed to review a proposal. Clay/Leroux moved to adjourn to Tuesday, October 20, 1987 at 7:00 P.m. Motion carried unanimously. The meeting adjourned at 11: 30 p.m. John K. Anderson Acting City Clerk Peggy Swagger Recording Secretary DISTRICT OFFICES INDEPENDENT SCHOOL DISTRICT NO. 720 505 SOUTH HOLMES SCOTT COUNTY JOAN OTOH.ChAgxV.- SHAKOPEE, MINNESOTA 55379 GAYDEN R.CARRUTH,Rn.o S ANNE VAN ROUT,VI—CII.I.. TELEPHONE:M54894 S.R/r/V.�.Al or scmol. JAMES BORERS EN.CIM VIRGIL S.MEARS JANET WENDT,T.""' A.M.,SVp .'.' JANE CARLSON,D'V"" t' STEVEN T.JOHNSON,G-11 LG. +NE'C- UL JAMES J.0 BRIEN.&rc Wr 1� In October 28, 1987 OCT2 919V CITY Or SHAKOPEE Mayor Eldon Reinke City Council Members City Staff 129 E. 1st Avenue Shakopee, Minnesota 55379 Dear City Government: I do not know who was responsible for the Star City Reception which was held recently at Canterbury Inn but I do wish to congratulate all of you for a first rate affair. It is a pleasure to live in a community where the leaders are progressive and know that it is important to do things properly. Thank you. Si rely, Vi ` ill�Mear� VSM/nb AN EQUAL OPPORTUNITY EMPLOYER [QF.J. CITIZENS STATE BANK OF SHAKOPEE WO 1100 EAST 4th AVENUE SHAKOPEE, MINNESOTA 55379 TEL.: (612)445-8200 October 26, 1987 Barry Stock City of Shakopee 129 E. 1st Avenue Shakopee, Mn. 55379 Dear Barry: This letter is written as a letterofresignation from my position on the Energy and Transportation Committee of the City. I have enjoyed my service with the Committee, but other commitments require me to resign my position with the City for the time being. Thank you for the opportunity to serve. /Sinc rely, � James A. weeks OCT 2 71987 r; O= SHAKOPEE c 97- 13??7 zow 7-4 �s _ s,2v w 6 G RECEIVED OCT2 8M7 CITY OF SHAKO?EE l[CYl i 7 4 WON 1 !01114 association of B U L L ET EN metropolitan 'F?EC ,, . municipalities -j✓ a October 23, 1987 .0CT2 61987 T0: AMM Member Cities rrT Y OF 8HAKOPEE FROM: Vern Peterson, Executive Director Roger Peterson, Director of Legislative Affairs RE: AMM Policy Adoption Meeting and Other Items 1. AMM POLICY ADOPTION MEETING DATE CHANGED TO DECEMBER 3RD: The day and date for the 1987 AMM Policy Adoption Meeting has been changed from Wednesday evening, December 2nd, to Thursday evening, December 3rd. (The change is being made so as not to conflict with a major conference on Natural Resources scheduled for December 2nd at which Local Officials are the primary target audience. ) The AMM Policy Adoption Meeting is probably the most important annual event for the AMM and we want to maximize attendance of our member city officials. Many of the specific details for our meeting have not been finalized as yet but it will be a dinner meeting at Jax Restaurant in Minneapolis. In addition to adopting the 1988 Legislative Policy; Steve Keefe, Metropolitan Council Chair, will be speaking (one of his famous 30-minute speeches which he delivers in only 10 minutes! ) and we expect other noteables to attend as well. We apologize for any inconvenience the change in dates may cause but felt that it was best to do so under the before noted circumstances and we hope you will mark your calendar for Thursday evening, December 3rd. A meeting notice detailing the final arrangements will be made in mid-November. 2. LOBBYING AND LEGISLATIVE ACCOUNTABILITY: ' As was noted in our Bulletin of August 14th, the Board of Directors established a special committee on legislative accountability to grapple with the problem of legislative responsiveness (or lack thereof) to the concerns of city officials and the AMM's legislative program. Originally, the concept was seen as a kind of a scorecard or tracking system of how Legislators voted on certain bills and then relaying this information back to their city officials. The special committee, chaired by Hamline Law Professor and Golden Valley Councilmember Larry Bakken, has come to the conclusion that what is really needed to improve -accountability" =vverestc avenue east. st. Dau!, minnesota 5-101 (412) 227-5600 is a better internal and external communications system plus alot more direct involvement of city officials in the AMM's lobbying efforts. The Board of Directors will be addressing this issue and committee recommendations at the Board meeting on November 5th. More information will be forthcoming after that meeting and we do hope that many of you will be willing to play a more active role in AMM Lobbying efforts. 3. GROUP HOME SITING-PEER CONSULTATION SYSTEM-HENNEPIN COUNTY: As was noted in the special bulletin to Hennepin County AMM member cities of September 23rd, the AMM at the request of Hennepin County is helping to set up a volunteer Peer Consultation System. It was felt that cities dealing with the siting of a group home might feel more comfortable accepting consultation on practical issues from another city which had already experienced the process. The AMM's role in this process was to solicit the -experienced volunteer consultants- and make their names available to other cities and to the Community Services Department of Hennepin County. A number of cities and/or individuals responded to our request and the names of individuals who have volunteered (or were volunteered?) are as follows: Mary Anderson Mark Grimes Mayor - Golden Valley Director of Planning & Development Phone # 588-8578 Phone # 593-8000 Craig Larsen Lorinda Pearson Planning Director - Edina Human Services Manager-Bloomington Phone # 927-8861 Phone # 881-5811 ext. 315 Ann Perry Liz Van Zomeren Planning Director-Minnetonka Planner-Minneapolis City Hall Phone # 933-2511 Phone # 348-6837 Blair Tremere Director of Community Development-Plymouth Phone # 559-2800 We sincerely thank the above individuals and their cities for volunteering to help with this sensitive but important matter. 4. AMM OFFICE TO HAVE SEPARATE TELEPHONE NUMBER: The AMM, after about 14 years of operation, will soon have its own telephone number separate from the League of Minnesota Cities (LMC) . Our office will continue to be located on the lst floor of the LMC Building on University Ave. in St. Paul. Even though we will have our telephone number, we will still be interconnected through the LMC switchboard so calls can be transferred between the two organizations for the convenience of member cities. The new number is 227-4008 and should be operative prior to November 1st. DISTRIBUTION NOTE: This bulletin has been mailed to mayors and managers/administrators only. Please distribute to other officials in your city, as you deem appropriate. Thanks. C � J league of minnesota cities MEMORANDUM October 21, 1987 2 319BI TO: Mayors, Managers, Clerks CITY OF S,141!;�;;..,.f FROM: Ann Higgins, Federal Liaison/Program Development SUBJECT: 1988 LMC Annual Conference Planning Committee Membership Request Planning for the 1988 LMC Annual Conference will begin October 30. (See scheduled committee meeting dates below. ) This year 's conference also coincides with the League' s 75th Anniversary. Because of that, the League intends to make a special effort to develop programs that will offer new opportunities for city officials who have not previously attended conference programs to do so this year. We also want to welcome back those city officials, elected and appointed, and their families who have previously attended conferences in the past. We need your help to do that. It is very important to bring together a cross-section of membership from LMC member cities and to include active participation by LMC affiliate organizations. *** If your city has a special interest in a topic or issue that you *** think would be a valuable subject for the conference program, please *** call me with your ideas before October 30. *** PLEASE SHARE THIS INFORMATION WITH MEMBERS OF YOUR CITY COUNCIL AND STAFF TO DISCOVER IF AN OFFICIAL FROM YOUR CITY WOULD BE INTERESTED IN HELPING PLAN THE 188 CONFERENCE. THE CONFERENCE WILL BE HELD IN ST. PAUL, JUNE 7-10. Please call me to let me know the name of the individual from your city who would like to join the ' 88 LMC Conference Planning Committee. PROPOSED SCHEDULE OF MEETINGS FOR OCTOBER - DECEMBER Friday, October 30 , 9: 30 - 11: 30 a.m. Friday, November 20 , 9:30 - 11 :30 a.m. *Friday, December 11, 9: 30 - 11 :00 a.m. *tentative - NLC Congress of Cities is scheduled December 12-17. The committee will discuss future meeting times and dates at the first meeting on October 30. (OVER) 1 E33 university aven_e easy. st. . au!. mnnesots 55101 (61 23 227-55^^ y>; The committee will probably need to schedule three additional meetings between January - June, and will be expected to meet at the conference site (St. Paul Radisson) on Tuesday afternoon, June 7, just prior to the conference to receive assignments to provide program management assistance during the program. If you have suggestions regarding recruitment of additional city officials who may have an interest in serving on the committee, please let me know as soon as possible. Action Ai - 1i 183 UniversitY Ave. E., St. Paul, MN 55101-2526 (612) 227-5600 ACTION ALERT October 27, 1987 For further information contact: Ann Biggins Federal Liaison/P.D. CITIES MUST INSIST THAT CONGRESS REACH FY' 88 BUDGET AGREEMENT TO PREVENT CUTS 1N FUNDS OR SHIFT IN TAX BURDEN TO LOCAL LEVEL Signs are visible once again that cities are likely to take the full brunt of failure in Congress to resolve budget and deficit reduction issues. City officials must act now to make clear the serious impact such failure will have on local tax rates, as well as on maintenance of current programs and the ability of the city to make public improvements, attract business and employment opportunities, and pay the increasingly higher cost of complying with federal mandates. -p,r... Please contact your member of Congress as well as both Senators Boschwitz and Durenberger to explain exactly how federal deficit reductions will affect your city. Check to see if your member of ongress will be in the district between now and November 20 . If so, take the opportunity to have him meet with local officials and city residents to explain what is happening to the budget for city programs and exactly how the Gramm-Rudman "fix" works, what it will mean your city and others in the state, and what the impact of the tax on municipal vehicles would mean to local taxpayers. NOTE: Please contact me if you are planning to talk directly with your Congressman or either of our two Senators about these issues. It is helpful to know both the plans and the outcomes of those discussions. If Congress and the Reagan Administration fail to reach agreement on a combination of budget and tax issues, cities face another round of Gramm-Rudman deficit reduction cuts in federal funding for the following programs: Community Development Block Grants Wastewater Treatment Construction Grants Economic Development Aaministration (EDA) grants Assisted housing funding, including Section, rental rehabilitation, rural housing programs, public housing operating subsidies, low and moderate income housing Highway and transit funding Urban Development Action Grants (OVER) J e i_— Job Training Partnership Assistance Grants Airport construction and safety grants ' Federal funds already "in the pipeline" to cities have been held back, deferred as of October 20, as a result of the Gramm-Rudman deficit reduction requirements. Under theSequesteras it is called, a total of 8.5 percent of the funding for all city programs is withheld as of now, pending the final sequester report due on November 20. If there is no compromoise or alternative deficit reduction package by that date, the final sequester report would be retroactive to the action initially taken on October 20. While the sequester applies to all municipal programs, it does not apply to fy'87 federal funds nor to situations where the city has a pre-existing binding contract - such as under Section 8 low income housing assistance. It is important to take time now to evaluate how these withdrawals of federal funding will affect your community and residents in the months to come. Preparing contingency plans that assume that Gramm-Rudman cuts will become final is prudent at this point. It is also extremely important to relay such information directly to members of Congress who represent your city and the people who live there. It is also important to inform affected constituencies within the city and urge them to contact members of Congress to make clear how cuts will impact needed services and programs. You must also consider what will happen if Congress supports imposition of tax changes that increase local government costs. Once again, city officials must act quickly to emphasize the impact of requiring cities to pay federal gas, excise and annual use taxes on municipal vehicles; to extend mandatory Medicare coverage to currently exempt employees beginning January 1; and forcing cities to face a loss of 8.5 percent of federal funds for FY'88 city budgets (as well as payments cities are scheduled to receive between now and the end of 1987) . The following information will help you evaluate the cost increases that will result from imposition of tax changes listed above: User Fee Rate as of October 1, 1987 Gasoline 9 cents/gallon Gasohol 3 cents/gallon Diesel 15 cents/gallon Other special fuels 9 cents/gallon Tires U-40 lbs. , no tax over 40-70 lbs. , 15 cents per lb. in excess of 40 lbs. 6� over 70-90 lbs. , $9.50 + 30 cents per lb. in excess of 70 lbs. over 90 lbs. , $10.50 + 50 cents per lb. in excess of 90 lbs. Truck and trailer sales 128 of retailer ' s sale price for trucks over 33,000 lbs. gross wt. (gvw) and trailers over 26,000 lbs. gvw Heavy Vehicle Use Annual tax: Trucks 55,000 to 75,000 lbs. gvw, $100 plus $22 for each 1,000 lbs. (or fraction thereof) in excess of 55,000 lbs. Trucks over 75,000 lbs. gvw, $550 Reconciliation legislation that combines spending and tax proposals for FY'88 may reach the House floor for a vote. In both the House and Senate, Republican members of Congress have thus far refused to participate in developing tax proposals on the grounds that sufficient spending cuts have not been made. Some congressmen are even arguing that triggering of Gramm-Rudman cuts is an outcome they are willing to accept rather than try to work to encourage a compromise settlement on on budget and tax issues. The fact is that such a position will unduly and unfairly impact local government because all federal funds for city programs are targeted by those cutbacks while 98 percent of total federal spending is exempt from deficit reduction requirements. Members of Congress must be called to account for their votes in support of such action when it results in a shift of costs to local taxpayers. Democrats in Congress are also taking part in action that will result in increased costs to local taxpayers. On Wednesday, October 7, House Democrats caucused an agreed to eliminate the exemption for all state and local vehicles from federal gas, excise and annual use taxes. That tax change would probably go into effect January 1, although h the President had recommended earlier that it be effective October 1 (1987) . Please take this opportunity to examine local cost increases of these and other changes the city has had to respond to over the past year or more and relay that information to members of the Minnesota Congressional Delegation. Across-the-board cuts in programs for cities is simply an unfair and unacceptable method of deficit reduction. Failure to address the shifting of government burdens , to the local level without funding to help cities pay the cost does not reduce the tax; it merely alters where it is imposed. 17 E11111 -1111� 1un === RECEIVEDII LTOCT2 619BJ league of minnesota cities October 20, 1987 OFSHAKOpEE TO: Mayors, Mana and Clerks FROM: Donald A. S1 Executive Director RE: Regional Meeting Legislative Issues Voting Card Results Over 1,300 city officials attended the League's 1987 regional meetings. Meetings where held in Nashwauk, Menahga, Little Falls, Red Wing, Preston, Owatonna, Marshall, Sleepy Eye, Glenwood/Starbuck, Mora, Albertville, Red Lake Falls, and Moorhead. At each regional meeting, city officials were requested to complete a legislative issues voting card. The voting card asked 23 policy position questions concerning the subjects discussed in several issue papers prepared by League staff. The issue papers and voting cards were mailed to all mayors, managers, and clerks prior to the regional meetings. Several cities, unable to attend a regional meetings, mailed in their city's voting card. After tabulating the voting cards, a report on the results was prepared for each LMC legislative policy committees. Enclosed is a copy of the voting results for your review. The committees took these results into consideration when drafting the 1988 Proposed City Policies and Priorities. Your position on these issues was of vital importance to each policy committee wrestling with tough policy questions. However, your opportunity to participate in the development of the League's 1988 Policies and Priorities for nislative Action is not over. The League's Policy Adoption Conference is scheduled for November 18 at the Sheraton Midway Hotel in St. Paul. At the Policy Adoption Conference, member cities will vote to accept, or propose changes, to the 1988 legislative policies. I hope you will attend the Policy Adoption Conference and bring your city's perspective to the conference. If you plan to attend, please return the enclosed registration form to Gayle Brodt at the League office. There is no registration fee for the conference. 1 03 university avenue east, st. paul, minnesota 55101 (6121227-5600 LMC Policy Adoption Meeting NOV. 18 Have your say in city legislative policies The League of Minnesota Cities will adopt legislative policies relating to cities on November 18, 1987. Agenda policies in November will give League members and lobbyists an opportunity to contact legislators and draft 9-10 a.m. legislation concerning policies before the Session begins. Registration (coffee and rolls) The Policy Adoption Meeting w81 be at the Sheraton Midway-St. Paul, off of Highway 94 (400 North Hairline 9:15.9:45 a.m. Avenue), on Wednesday, November 18, 1987, beginning at Pre-conference policy briefing 9:00 a.m. AO member cities should make an effort to attend. Each 10 a.m. City has one vote. There is no fee for this meeting. Policy adoption The League will continue to hold the Legislative Confer- ence at the begirming of each legislative session, to discuss . . . lunch on your own . . . Current issues and give city officials a chance to meet with There is no fee for this meeting. thea legislators. LMC Legislative Policy Adoption Meeting Wedneaday,November 18.1987 Shenton Midway St.Paul QCity; Contact Person: Telepbone r: V W P A.C. L L 9 E A E � E P a d R a N Nave Title Address Zip Code T Send registration to Coyle Bradt, League of Minnesota Cities, 183 University Ave. East. St. Paul. Hit 55101 League of Mvvtesota cities �, SL Paul Adoption Heating Shwatm Midgway-SL all Novefier, 18, 1987 400 Nortb Hairline,St.Paul,MN 55104 O 1612)642-1234 1b inin re space/rate availability, GT'I Name p1ease respond prior to NovedTer 1, 1987. W O Representing Please Specify: y.T Address _ $56.00 r Tax Sitgle (One Ferson) Eras Ciry State—lip v �m $56.00 + no,no, Double (1Mo People) Wo MON1M MY YEM ARRNAL nMF MOXIX MY YFAR nserve ipn M, R M. %ease Ras,amre ARRIYAt WuF DEPARTURE DATE (Coed.,Cion NmMm mtl Eapimion qw. CHECK IN TIME 3:00 PM I—) CHECK OUT TIME 1:00 PM akqu,e Y October 1997 47 LMC LEGISLATIVE ISSUES VOTING CARD RESULTS Tax Increment Financing (TIF) asp Yes If No Should the League introduce tax increment finance legislation Voting Equipment 331 Yes No Should the League oppose legis- tion that would make current voting equipment obsolete Local Government Election Day Yes . - J()6 No Should the League oppose legislation mandating a local government election day Land Use Legislation �_ Support � Oppose 1. Separate Board of Adjustment ia5 Support o-?4q Oppose 2. Change definition of undue hardship J4 Support J5 b Oppose 3. Requirement for comprehensive plan f5 Support mil oppose 4. Prohibit conditional zoning IP, l_ Support IL40 Oppose 5. Zoning controls consistent with comprehensive plan I% support 198 oppose 6. Change the ability of cities to extend subdivision regulations Iia Support I 5a Oppose 7. Fringe Area Growth Proposal Transportation Funding _Lq'_ Support IAS Oppose 1. Metro Sales Tax __23 Support --A& Oppose 2. Gas Tax Increase C�03, Support I\D Oppose 3. MVET Transfer/Dedication I&I support Oppose 4. Jurisdictional Reassignment a Support Ip Oppose 5. Changing the 62/29/9 allocation forumla LMC LEGISLATIVE ISSUE VOTING CARD RESULTS (cont'd) Homestead Credit Program Support Oppose Changes to or new homestead credit program Levy Limit Legislation a.(O L Yes .57 No Should the League make the removal of levy limits an ^A- priority CityServiceCharges for Tax-Exempt Property �yU Yes No Should cities be able to voluntarily impose service charges on tax-exempt property Relative Tax Burdens for Certain Types of Property Residential Homestead taxes are: 4q Too High aj(D About Right lL. _;7 Too Low Residential Nonhomestead/Apartment taxes are: 1q L Too High jay About Right Too Low Agricultural Homestead taxes are: 4 Too High LcjQ About Right Too Low Commercial/Industrial taxes are: _ __ . Too High q5 About Right j(0 Too Low Local Option Taxes 1q6 Yes r1l No Should the League support local option taxes? / OL MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Preliminary and Final PUD for Shakopee Valley Square 1st Addition DATE: November 4, 1987 INTRODUCTION' The purpose of this memo is to further clarify the granting of variances as part of the approval of a PUD. Mr. Bakken in his request for a PUD included a request for a number of variances. These variances included the location of the restaurant building in respect to Bluff Avenue (required front yard setback) , the use of building materials on the recreation building and a sign to be located on the roof of the recreation building. It was staff's interpretation when these issues were addressed by the Planning Commission that these variances could be decided as part of the PUD approval. Further research into this by Planning staff has determined that one of the variances, the setback of the restaurant building, must be accomplished through the separate variance request procedure. BACKGROUND' The City's PUD Ordinance has a number of sections that relate to granting of variances as part of the PUD approval. Subdivision 4 of the PUD Ordinance states: "Zoning district standards maybe negotiated and variances from district requirements granted by the City as part of the PUD process. The following restrictions shall apply to the granting of variances by PUD: " The only variance issue raised by the Planning Commission which comes under the restrictions which follow this quote is the issuance of a variance for a setback from exterior property lines or exterior public streets. The ordinance states: "No reduction in yard requirements shall be permitted adjacent to exterior property lines or exterior public streets.'- The treets."The Planning Commission recommended as part of their approval of the PUD recognizing the setback variance for the restaurant building. They recommended not granting variances for the building materials on the side and roof of the recreation building and for the sign requested for the top of the recreation building. If the City Council so desires to grant those variances they may do so by amending the development agreement as part of their final action. However, the granting of the variance for the setback of the restaurant building must be accomplished through a separate independent variance procedure. Therefore, staff has made the following changes to the Development Agreement attached to the October 27, 1987 memo to clarify this legality: Condition #12 of the Development Agreement has been changed to eliminate the first sentence which reads: "The approval of these plans recognizes the granting of a variance to allow the 7O�' restaurant/snack bar to be constructed on the existing foundation located within the required front yard adjacent to Bluff Avenue. " Condition #18b. was changed to read as follows: "The developer must either receive a variance to the 30'required setback for the restaurant/snack bar or alter the plans for the building to conform to the required setback. '- ACTION etback. "ACTION REOUESTED: Offer and approve Resolution No. 2826 Approving the Preliminary and Final PUD Plan and the Development Agreement (as amended by staff) for the Shakopee Valley Square First Addition. DEVELOPMENT AGREEMENT This agreement made and entered into this day of 1987, by and between the City of Shakopee, a municaipal corporation organized under and pursuant to the Laws of the State of Minnesota and located in the County of Scott and State of Minnesota hereinafter called "City" and Wally Bakken hereinafter called "Owner". WITNESSETH: WHEREAS, the Owner has made application to the City Council for approval of a Planned Unit Development to be known as Shakopee Valley Square First Addition and for the approval of a Plat of land within the corporate limits of the City of Shakopee to be known as Shakopee Valley Sqaure First Addition described in Exhibit "A" hereto attached and made a part hereof. NOW THEREFORE, In consideration of the approval by the City of the PUD and plat above referred to and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, it is hereby agreed that the approval of said plat and PUD shall be subject to the following conditions: 1. Approval of a Title Opinion by the City Attorney. 2 . Vacation of drainage and utility easements which were dedicated in the Halo 2nd Addition. 3. Submittal of a preliminary plat the same scale of the final plat, which shows all existing utilities. 4. The City Engineer must receive and approve final plans and specifications for all public facilities including, but not limited to roads, sanitary sewer systems, storm sewer and grading. 5. Execution of a Developer's Agreement for the construction of the required improvements: 70-' a) A sidewalk to be constructed along the north side of the T.H. 101 in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. b) Water and electric to be installed in accordance with the requirements of the SPUC Utilities Manager. c) The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. d) Installation of fire hydrants in accordance with the requirements of the Fire Chief And City Engineer. e) Sanitary sewer and storm water system to be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. f) Park dedication fee of $5,267 to be paid for the entire plat. 6. The Developer shall submit a landscaping plan that shows compliance with all City, D.N.R. and Lower MN Watershed District requirements (shoreline erosion control) and improvements must be completed prior to issuance of the Final Certificate of Occupancy. 7. Pedestrian walkways be designed and developed in a North- South configuration off of and away from Marschall Road. 8. All structures located below the 722' mark are to be floodproofed. 9. The entrance drive must be redesigned to provide a separate lane for stacking or large recreational vehicles during check-in. 10. Traffic circulation around the dump station must be redesigned to provide for adequate turn around and exiting space for large recreational vehicles. 11. That the applicant provide the Planning Commission with proof the permits from other agencies have been acquired. 12. A variance shall not be granted for the use of required materials on the sides and roof of the recreational building and the roof sign. 13. The requirement for 30 parking spaces be met without variance and that the facility comply with the 15 foot front yard setback required for this parking lot. 7 a, 14. In accordance with the accessory uses, the amphitheater shall be limited to campground residents with a seating capacity not to exceed 150 persons. 15. Any flooding will require a building and public health inspection thereafter. 16. 16 foot one-way and a 25 foot two way roads will be required. 17. A pedestrian lane on the vehicular bridge spanning the creek will be required. 18. a) The restaurant will be permitted use not as a part of the campground. b) The developer must either receive a variance to the 30' required setback for the restaurant/snack bar or alter the plans for the building to conform to the required setback. " c) Exclude the access ramp on the South side of the building and require that the access ramp not intrude on the public right-of-way. 19. Reference is hereby made to the fact that through this PUD the City is issuing a Conditional Use Permit under the provisions of Section 11.05, Subdivision 11 (Recreational Vehicle & Recreational Vehicle Parks) of the ordinance and set forth those terms and conditions therein. 20. A recordable document which provides the rules and regulations of the Shakopee Valley Square Campground shall be filed with the City to ensure that the operator of the campground has the authority to remove any occupants or equipment within twenty-four hours after the river stage reaches a point of two feet below the lowest sanitary sewer. IT IS MUTUALLY AGREED that this agreement will bind both parties hereto and successors and assigns of said parties. IN WITNESS WHEREOF, the City and the Owner have caused this agreement to be duly executed on the day and year first above written. CITY OF SHAKOPEE BY Mayor BY City Administrator IN THE PRESENCE OF BY City Clerk OWNER BY IN THE PRESENCE OF Its President BY Vice President and Secretary MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Preliminary and Final PUD for Shakopee Valley Square First Addition DATE: October 27, 1987 INTRODUCTION• At their meeting on October 22, 1987 the Shakopee Planning Commission approved a motion recommending approval to the Preliminary and Final PUD Plan for Shakopee Valley Square First Addition subject to conditions. BACKGROUND: On October 22, 1985 the Shakopee Planning Commission approved the Preliminary Plat and Plan for the Shakopee Valley Sauare First Addition PUD. On November 6, 1985 the Shakopee City Council approved the Preliminary Plat and Plan for the Shakopee Valley Square First Addition PUD. Subsequently, on January 9, 1986 the Shakopee Planning Commission approved a motion to recommend the Final Plat and PUD approval to the City Council. The City Council on April 15, 1986 approved the Final PUD for Shakopee Valley Square First Addition. At the same time the City Council directed a Resolution for the Final Plat to be placed before the City Council at such time as the tax increment financing has been approved and the conditions of the Final PUD met. (See attached minutes. ) This proposal is back before the City for approval again for two reasons: 1) Shakopee City Code requires that if a project does not commence construction within one year after final approval of the PUD the approval expires automatically and 2) The Planned Unit Development Project being proposed at this time has changed from what was approved by the City Council on April 15, 1986. The Planned Unit Development is located in the NE corner of the intersections of County Road 17, Marschall Road, and First Avenue. The project is located in Tax Increment Financing District =6. The proposed PUD includes the existing Shakopee Valley Motel, a proposed campground for 218 RV stalls, a proposed camp recreation building, a small restaurant serving the campground and general public, an addition to the existing Shakopee Valley Mote, a new larger restaurant located to the east of the motel, and two future lodge buildings. Changes from the previously approved PUD to the present proposed PUD include changes in the location of the camp recreation building, inclusion of the small restaurant building, addition of a miniature golf facility and small outdoor theater. PLANNING COMMISSION RECOMMENDATION: At their meeting on October 22, 1967 the City Planning Commission recommended approval of the Preliminary and Final PUD Plan for Shakopee Valley Square First Addition subject to the following conditions: 1. Approval of a Title opinion by the City Attorney. 2. Vacation of drainage and utility easements which were dedicated in the Halo 2nd Addition. 3 . Submittal of a preliminary plat the same scale of the final plat, which shows all existing utilities. 4 . The City Engineer must receive and approve final plans and specifications for all public facilities including, but not limited to roads, sanitary sewer systems, storm sewer and grading. 5. Execution of a Developer's Agreement for the construction of the required improvements: a) A sidewalk to be constructed along the north side of the T.H. 101 in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. b) water and electric to be installed in accordance with the requirements of the SPDC Utilities Manager. C) The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. d) Installation of fire hydrants in accordance with the requirements of the Fire Chief And City Engineer. e) Sanitary sewer and storm water system to be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. f) A recordable document which provides the rules and regulations of the Shakopee Valley Square Campground shall be made a part of the Developers agreement to ensure that the operator of the campground has the authority to remove any occupants or equipment within twenty-four hours after the river stage reaches a point of two feet below the lowest sanitary sewer. g) Park dedication fee of $5,267 to be paid for the entire plat. 7 `c, 6. The Developer shall submit a landscaping plan that shows compliance with all City, D.N.R. and Lower MN Watershed District requirements (shoreline erosion control) and improvements must be completed prior to issuance of the Final Certificate of Occupancy. 7. Pedestrian walkways be designed and developed in a North- South configuration off of and away from Marschall Road. S. All structures located below the 722' mark are to be floodproofed. 9. The entrance drive must be redesigned to provide a separate lane for stacking or large recreational vehicles during check-in. 10. Traffic circulation around the dump station must be redesigned to provide for adequate turn around and exiting space for large recreational vehicles. 11. That the applicant provide the Planning Commission with proof the permits from other agencies have been acquired. 12. The approval of these plans recognizes the granting of a variance to allow the restaurant/snack bar to be constructed on the existing foundation located within the required front yard adjacent to Bluff Avenue. A variance shall not be granted for the use of required materials on the sides and roof of the recreational building and the roof sign. 13. The requirement for 30 parking spaces be met without variance and that the facility comply with the 15 foot front yard setback required for this parking lot. 14. In accordance with the accessory uses, the amphitheater shall be limited to campground residents with a seating capacity not to exceed 150 persons. 15. Any flooding will require a building and public health inspection thereafter. 16. 16 foot one-way and a 25 foot two way roads will be -required. 17 . A pedestrian lane on the vehicular bridge spanning the creek will be reouired. 18 . a) The restaurant will be permitted use not as a part of the campground. b) Vary the setback requirement by the 30 feet required in the ordinance due to the construction of the existing facility. C) Exclude the access ramp on the South side of the building and require that the access ramp not intrude on the public right-of-way. 19. Reference is hereby made to the fact that through this PUD the City is issuing a Conditional Use Permit under the provisions of Section 11.05, Subdivision 11 of the ordinance and set forth those terms and conditions therein. ACTION REQUESTED: Offer and approve Resolution No. 2826 Approving the Preliminary and Final PUD Plan and Development Agreement for Shakopee Valley Square First Addition. D� t 713�ec �e sa - L 7 --. __ -n- can S. ^` y . _ _^_. - -- o e_se _ acc 'ectC eC- ^.c. •.e5o11LZC.^.�__ _=-...e_-:a_: _es_^a c iral :nsnector. Motion^carried `� De Prepared unanimously. -' 1=_ er_ ng moved to order the ==Jer, nt a cost - `_`c .veno= D=`.Da.. =ot to exceed 5j2 acpuG a-, - - --. s to enter into an a_-vet.,. w.a: ^.p^ce ty a--r_:_ince . .-_ tae -ovisi cn consu'_ting Jse-wipes +'es wood 2:_=__s5 --A s_=eri:, -_Zro Yell.-s and the Second - a=' they relate to pests to De aia -..,,m eta., e - pDst .^, t 'exceed ez Jim con=racts are =ae tzzJ±n==`='e'= " D _ -- _ to be let until COnnCil reviews pian^speciticat� •`o' A.+es: ^tc' 'Joest _`roux, C1L'_g=:, •,r,er__ _ .. Hors and elevations. C.^.c_. _e Dens wz=bac: =d May^r cz_--i=dl moved ...at the -p nosed trrayi vezppe=s i z^.d Catlot - �.... 1 p 2nd AddcSic.^. be °,'e3-and ?Vol07pr l-_Jtiide Ved - tD 51= _. ease=- _ _ _ - aecorcao __ _ _ --- a _ _ _ _ess LJ the 1--s. n.ay__ -___c _x..en' _ grnnt5 _c-_ __ _ -, _ _ aexed z yoze -_ss ..-is s bjact, In-re_ was Z'rLerpcx/Wzmpach coved to tact,,_ the reco=ehdatior. c- the Planning C...Tissic.^. zt the City Cocncil review =he amended piarned ., asJPee 4zliey Spuare 'st z�c aevelonmert pis_ 'c` :.. =he recommended conditions of apnrova' _sc=ion with the review c= - - xDiec=. - - =he Tax increment -irancing p-Jnosal ter-the !t a recpmenaed =:-.at the 'Hai Dist reso_utior, not =he T•-• • hes been approve?, - be adopted En- a_1 condi-mns c- the szie or the Donfis aas occcrred piat approval have been met by the deveioner. The rete-nenaec concccios o approval are as Zoilows: '• =___own_ __ - __.__ - -.inn _.._ __-. _:___ __• . 2. _. were sem. zSce- ze _ _ _L_ L r __ Se_.._ __ cf a -eve_C'E_ s ,-reemen: _._ _�Se_..._.._. ,,. ._._ be _ .._.____e_ .__ ._ ___ .a __ee _ the _ :. 1C� .. : -.ne .Y_S_ .e^ Z.0 .;LzaO_e.. and _ _J De _n n..,.__ mc_ e L_._ recuiremen-.s of -.-as S7,11 D) The pepel:;.er s1.z_1 =ee to ...c _ D1at a^.0 :___: :.._ de Ve_oDer Waive= -.__ __ : __,,.____.__.. _ _ .., -n accDr_zce :__: :ne r?cr_^=_ae-.ts of the _r_ _... __:y =Rgineer. e) San-ita=y Sewer ._ so_- .zter s;s:?a: to be ac--O"ance ..e 7esim ^__:_ zc S:__z=c SpeD__+ca..Das of th= C--:.- ., .� A r__ ,.___r__ __ch nrDt=c?c tie - =?s a^.c De 7,aie Cf . _ _e Ve_'De_e �_ _____` llefl: An`•--...�_ :_.a: t.e ODO_c .. D_ ...__L -. :._r----_ - ho_s —:er the river Vs:age re___es a _ __. cc uwo f=_et bellow the lowest siltz� seuex. g) ___. e.___. ___ :„2$7 {D be mm-. ___ the 7. -e_viewcf zc:sg as __z•scn ierc=/Fie:__^z ^-erec tescictic-: tic. .. = lba Cang ramzc nezring en :.._ F-_cesed ?aendmer: c. :aeJ3_ceveicaaen: Kanie_zm _c g . . _ .oes__a n.. -.a___ .ocs_as -cc ieceve=rc:ect -cizc: - _ e __ _Se =ax :.._r^e-c _last.: .tee-- c , :ax -ax -..__aDen: _ _..a..=_ns clan =:sere:==, z__ :over as a- _ tcea. wc__or. ries i= --7-.ix/Vier1_ag novec Lc accber'_ze the annro_riate .:t :'_c_ais to execute =n =_e.^:en_ .:e xxxen Grcun, as craz-ed by All't. _zy e._aaey '..._z- _ r_ovide reinbcrse.'�ea: to :Se_ C__ __c_ Cos_s cr_a__= nax .✓ _ __ _ . __ . ;.ebeas c_DDsec. mg _ ___ RESOLUTION NO. 2826 A Resolution Approving the Final Plan and Development Agreement for Shakopee Valley Square First Addition Planned Unit Development WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plan and conditions to be included in the Development Agreement for the Shakopee Valley Square First Addition Planned Unit Development on October 22, 1987 and has recommended its adoption: 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 COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plan and Development Agreement for The Shakopee Valley Square First Addition Planned Unit Development, described as follows: See attached. be, and the same hereby is approved and adopted with the requirements contained in the Development Agreement. BE IT FURTHER RESOLVED, that the Mayor and City Clerk and the same are hereby authorized and directed to execute said approved Plan and Development Agreement. 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 Apnroved as to form this day of , 1987 City Attorney DEVELOPMENT AGREEMENT This agreement made and entered into this day of 1987, by and between the City of Shakopee, a municaipal corporation organized under and pursuant to the Laws of the State of Minnesota and located in the County of Scott and State of Minnesota hereinafter called "City" and Wally Bakken hereinafter called "Owner" . WITNESSETH: WHEREAS, the Owner has made application to the City Council for approval of a Planned Unit Development to be known as Shakopee Valley Square First Addition and for the approval of a Plat of land within the corporate limits of the City of Shakopee to be known as Shakopee Valley Scaure First Addition described in Exhibit "A" hereto attached and made a part hereof. NOW THEREFORE, In consideration of the approval by the City of the PUD and plat above referred to and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, it is hereby agreed that the approval of said plat and PUD shall be subject to the following conditions: 1. Approval of a Title Opinion by the City Attorney. 2. Vacation of drainage and utility easements which were dedicated in the Halo 2nd Addition. I 3. Submittal of a preliminary plat the same scale of the final plat, which shows all existing utilities. 4. The City Engineer must receive and approve final plans and specifications for all public facilities including, but not limited to roads, sanitary sewer systems, storm sewer and grading. 5. Execution of a Developer's Agreement for the construction of the required improvements: a) A sidewalk to be constructed along the north side of the T.H. 101 in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. b) Water and electric to be installed in accordance with the requirements of the SPUC Utilities Manager. C) The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment. d) Installation of fire hydrants in accordance with the requirements of the Fire Chief And City Engineer. e) Sanitary sewer and storm water system to be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. f) A recordable document which provides the rules and regulations of the Shakopee Valley Square Campground shall be made a part of the Developers agreement to ensure that the operator of the campground has the authority to remove any occupants or equipment within twenty-four hours after the river stage reaches a point of two feet below the lowest sanitary sewer. g) Park dedication fee of $5,267 to be paid for the entire plat. 6. The Developer shall submit a landscaping plan that shows compliance with all City, D.N.R. and Lower MN Watershed District requirements (shoreline erosion control) and improvements must be completed prior to issuance of the Final Certificate of Occupancy. 7 . Pedestrian walkways be designed and developed in a North- South configuration off of and away from Marschall Road. S. All structures located below the 722 ' mark are to be floodnroo£ed. 9. The entrance drive must be redesigned to provide a separate lane for stacking or large recreational vehicles during check-in. 10. Traffic circulation around the dump station must be redesigned to provide for adequate turn around and exiting space for large recreational vehicles. 11. That the applicant provide the Planning Commission with proof the permits from other agencies have been acquired. 12. The approval of these plans recognizes the granting variance to allow the restaurant/snack bar to be ucted of a constr on the existing foundation located within the required front yard adjacent to Bluff Avenue. A variance shall not be granted for the use of required materials on the sides and roof of the recreational building and the roof sign. 13. The requirement for 30 parking spaces be met without variance and that the facility comply with the 15 foot front yard setback required for this parking lot. 14. In accordance with the accessory uses, the amphitheater shall be limited to campground residents with a seating capacity not to exceed 150 persons. 15. Any flooding will require a building and public health inspection thereafter. 16. 16 foot one-way and a 25 foot two way roads will be required. 17. A pedestrian lane on the vehicular bridge spanning the creek will be required. 18 . a) The restaurant will be permitted use not as a part of the campground. b) Vary the setback requirement by the 30 feet required in the ordinance due to the construction of the existing facility. C) Exclude the access ramp on the South side of the building and require that the access ramp not intrude on the public right-of-way. 19. Reference is hereby made to the fact that through this PUD the City is issuing a Conditional Use Permit under the provisions of Section 11. 05, Subdivision 11 of the ordinance and set forth those terms and conditions therein. IT IS MUTUALLY AGREED that this agreement will bind both parties hereto and successors and assigns of said parties. IN WITNESS WHEREOF, the City and the Owner have caused this agreement to be duly executed on the day and year first above written. 7 � CITY OF SHAKOPEE BY Mayor BY City Administrator IN THE PRESENCE OF BY City Clerk OWNER BY IN THE PRESENCE OF Its President BY Vice President and Secretary Page 3 of 4 pages. Lot 1, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota. That part of Lots 2 and 3. Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota, described as follows: Beginning at the northwest corner of said Lot 2; thence northeasterly along the northerly line of said Lot 2, and 3, a distance of 198.00 feet; thence southeasterly parallel with the easterly line of said Lot 2 to the southerly line of said Lot 3; thence southwesterly along said southerly line a distance of 150.00 feet; thence deflecting at an angle of 48 degrees 54 minutes to the right to the westerly line of said Lot 2; thence northerly along said westerly line to the point of beginning. That part of Lot 3, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota, lying easterly of the following described line: Commencing at the southeast corner of said Lot 3; thence southwesterly along the southerly line of said Lot 3 a distance of 150.00 feet to the point of beginning of the line to be described; thence northwesterly at right angles a distance of 150.00 feet to the northerly line of said Lot 3 and there terminating. That part of Lot 2, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota, lying southeasterly of the following described line: Commencing at the southeast corner of said Lot 2; thence southwesterly along the southerly line of said Lot 2, a distance of 126.00 feet to the point of beginning of the line to be described; thence deflecting at an angle of 48 degrees 54 minutes to the right to the westerly line of said Lot 2 and there terminating. Lot 4, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota. Together with that part of Government Lots 4 and 5, Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the northeast corner of Lot 4, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota; thence southeasterly along the easterly line of said Lot 4 to a point 310.00 feet north- westerly of the north right of way line of First Street and parallel with Naumkaeg Street; thence North 79 degrees 17 minutes 51 seconds East parallel with said First Street to a line 73.00 feet westerly of and parallel with the east line of said Government Lot 5; thence North 0 degrees 10 minutes 51 seconds East parallel with said east line a distance of 63.30 feet; thence North 71 degrees 57 minutes 51 seconds East to the east line of said Government Lot 5; thence North 0 degrees 10 minutes 51 seconds East along East line to the waters edge of the Minnesota River; thence Westerly along said waters edge to the intersection with a line described as follows: Ce=ending at a point on the east line of previously mentioned _,a_kaeg Street 889.00 '_et norther-1v of the soothszst corner of Block 31 , East Shakopee, _._ :eseta, accort_az __ _.:e .e:„_cac _ __ _cz_-__`. :_.eaz- North 79 d ]eerees - tc:c_ut-_ c 51 seconds East, t-ra__e_ lith the previously mentioned F_rsf Street 601.20feed tothe point of beginr._ac :: :.-.e line to be described; thence North 11 degrees 03 minutes 07 seconds West, parallel with said Naumkaeg Street to the waters edge of said Minnesota River and there Thence South 11 ce_cers 03 nutes 07 seconds East along the last described line to the point of bez,=_t,_ = -at_ 'line; thence South 51 degrees 41 minutes 07 seconds Fast to the intersec:_c: '._c. a __ne 100.00 feet westerly of and parallel with the east line of said Government L.. tnence South 0 degrees 04 minutes 06 seconds West along parallel _._ to the northwest corner c. -n_-_' o Firs: -..._ition, according to the rec,rded plat thereof; :._-ce South 68 decrees 20 minute_ 48 sect. _ Fast along the northeasterl_: line of said ..alt Fc-s: Addz__to: to the ., _.._ t e____.. _-r. z lirn e described as Pillows: Cc=ecdt nng a c_r-_r „f sa-_c ___ 3^a c., colo Second Addition; thence Soutn 79 degrees ____ __ . es: __=2 _-_ C..-:C_ __.._ c Said Lot - a distance of 3366.35 c JO _25 _- 5 ..e_: a distance of 2-5_3 3 Leet; thence Page 4 of 4 pages. 7CZ, CONTINUED FROM PREVIOUS PAGE Thence North 6 degrees 35 minutes 19 seconds East along the last described line to the point of beginning of said line; thence North 81 degrees 45 minutes 03 seconds East a dis- tance of 365.00 feet; thence South 9 degrees 36 minutes 05 seconds East to the northerly line of said Lot 4, Block 1, Halo Second Addition; thence easterly along said northerly line to the point of beginning. Together with that part of Dutlot A, Halo First Addition, according to the recorded plat thereof, Scott County, Minnesota, lying easterly of the following described line: Commencing at the east corner of said Outlot A; thence westerly along the southerly line of said Outlot A a distance of 66.00 feet to the point of beginning of the line to be described; thence northwesterly to a point on the northeasterly line of said Outlot A lying 120 feet (as measured along the northeasterly line of said Dutlot A) northwesterly of the east corner of said Outlot A. Commencing at the northeast corner of Lot 4, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota; thence southwesterly along the northerly line of said Lot 4 a distance of 366.35 to the point of beginning of the land to be described; thence North 9 degrees 36 minutes 05 seconds West a distance of 245.75 feet; thence South 81 degrees 45 minutes 03 seconds West a distance of 365.00 feet; thence South 6 degrees 35 minutes 19 seconds West to the northeasterly line of Outlot A, Halo First Addition according to the recorded plat thereof, Scott County, Minnesota; thence Southeasterly along said northeasterly line to the east corner of said Dutlot A; thence northeasterly along the northerly line of said Lot 4 to the point of beginnning. Except that part of said Government Lot 5, described as follows: Commencing at the northeast corner of said Lot 4, Block 1, Halo Second Addition; thence Southwesterly along the northerly line of said Lot 4, a distance of 366.35 feet to the point of beginning of the land to be described; thence North 10 degrees 39 minutes 24 seconds West a distance of 189.87 feet; thence South 79 degrees 17 minutes 35 seconds West a distance of 117.28 feet; thence South 10 degrees 33 minutes 02 seconds East a distance of 177.60 feet; thence South 18 degrees 56 minutes 02 seconds West to the northerly line of said Lot 4; thence northeasterly along said northerly line to the point of beginning. MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Community Development Commission Newsletter DATE: October 29, 1987 INTRODUCTION: The Community Development Commission has been discussing the development of a newsletter to be distributed to all Shakopee residents informing them of the development activities taking place in Shakopee. The Commission has put together a draft newsletter for the Council's review and approval prior to distribution. BACKGROUND: The Commission has formulated a draft newsletter for Council review. (See attachment #1) . Basically the first newsletter gives Shakopee readers information regarding the purpose and mission of the Community Development Commission and the focus of future newsletter content. The newsletter entitled "Development In-Sight" is proposed to be distributed quarterly as an insert in the Shakopee Valley News. Shown in attachment #2 are the alternatives for distributing the newsletter and the cost associated with each distribution method. The Commission is recommending to proceed with distributing the newsletter in the Shakopee Valley News and Chamber of Commerce Newsletter. The Commission is also recommending that the first issue be printed on plain 204 bond paper. The estimated cost for this alternative per issue is approximately $350. Staff time to produce the newsletter is estimated at approximately 10 hours per issue. In the 1988 Community Development Commission budget there is $5, 000 allocated for professional services. The Commission is proposing that funding for the newsletter be taken from this account. The estimated total annual cost to produce the one page newsletter quarterly would be $1,400 per year. If the City Council wishes to participate in the funding of the newsletter we could proceed in publishing it on a more regular basis and perhaps improve the quality of the piece. However, the Community Development Commission is requesting City Council to approve the newsletter concept with funding provided totally from the Community Development Commission budget. ALTERNATIVES: 1. Approve the newsletter concept with funding provided from the Community Development Commission budget. 2. Participate in the funding of the Community Development Commission newsletter. 3. Approve the newsletter concept and provide full funding for it's publication and distribution. STAFF RECOMMENDATION: Staff recommends alternative #1. (The recommendation of the Community Development Commission) . ACTION REODESTED: Move to approve the Community Development Commission (ICC) publishing a quarterly newsletter insert in the Shakopee Valley News with funding provided from the Community Development Commission budget. Attachment ¢1 D' FLAG AND LOGO TO BE ADDED WHEN TYPESET COMMUNITY DEVELOPMENT COMMISSION TO PRODUCE SHAKOPEE COMMUNITY DEVELOPMENT NEWSLETTER SHAKOPEE - A MINNESOTA STAR CM NOVEMBER 1987 The Shakopee rnmmmity PURPOSE Regular features in Development Coamis=ion addition to the cover (CDC) has made a camnit- ane purpose of the article (theme) will meet to serve as the newsletter is to keep residents and businesses include; (a velcpbrief listing is� Development rd.Sight editorial board. The imsEoraial of the develop- of the major projects c mmission met in late meat activities taking underway in Shakopee and October to establish the place in our carom ty. their status) ; Financial editorial parameters for On a larger scale, the Forum, (description of Shakopee's development primary goal of the financing trends that newsletter. newsletter will be to keep affect development to mer cur readers informed on amity) ; Development With great enthusiasm the the issues and activities Profile, (an article that nrm,m;,sion has developed a that will Provide for the will focus on one of strategy for newsletter future growth of our shakcpee-s Projects that content that is sure to ccmminity. If you have a is proper or underway) ; keep the interests of the and planning Primer, (a vast degree of readership wrxmld like the aiitorial feature that will cover an that we will be reaching board to focus on in an aspect of the Shakopee in the upa'sning months. upcC ung issue, Please Development Process) . feel free to contact Barry EDITORIAL BOARD Stock at 445-3650 or any SLAPS of the Board members. The Shake Community Written coamamiraticns The Shakopee City Council Development Cmmission and should be sent to: Barry and the ShakopeeCom=utY ; Editorial Board members Stock, 129 Fast First Development ion are as follows: Avenue, Shakopee, MN agreed to jointly sponsor 55379. this quarterly publication Jane DuBois focusing on development Al Furrie PORMAT trends in the City. This Terry JODS publication, entitled, Tin Keane Each issue of the newslet- "Connumity Development In- Don Koopman `ter will concentrate on a Sight'- will be circulated Jim Plekkenpol major theme. For example, to approximately 5200 the first regular issue households and 250 (to be distributed in businesses in Shakopee. January) will focus on the Residents, business owners five year economic and oDffimmity leaders will development plan of the surely benefit from the City. Typically the efforts of the City newsletter will be two Council and Commomity Pages. Develcpmnt C=oi=pion. 1g!4r7]r:- CCMMM= DDVEdoPMM COMMISSICU PREPARES PLAN OF AC= The Shakopee C�ty - Development of a - Review Ordinances Development Commission stronger local tax (formerly the Industrial base; The (DC recognizes that Clmue tial Commission) was today's economic develop- created by the Shakopee - The creation of a ment market is very City mil in 1978. broad range of competitive. The prudent This advisory commission horsing opportunities use of development incen- was established to to meet the demands tives to attract business- maintain a positive of the growing es to our area is neces- i„dustrial and commercial community. sary in order to maintain climate in the City. The and enhance a tax base duties of the Commission - Supporting the that favorably impacts include attracting improvement of the industrial, commercial and appropriate industrial and local and regional residential property tax commercial entities to the transportation payers- community that will system. improve the overall In the past, the Commis- industrial and commercial with these goals in mind, sion has sponsored several climate of the community. the CDC will be focusing promotional events that The Commm;ssion has their efforts on the have attracted business recently broadened its following four categories developers from throughout mission to include overall of economic development the five state region to economic development programs. our area. The Commission issues including important nas also been instrumental residential issues. - Financial Incentives: in achieving Star City Program which designation for the City The Shakopee Ad Hoc provide businesses of Shakopee. Through the Downtown Committee is a with assistance to "Development In-Sight" sub-camtcee of the CDC lower there financing newsletter the Community and is merged with costs; Development Commission proposing and implementing hopes to educate our an economic revitalization - Technical Assistance: residents regarding the plan for the downtown Programs that would importance of a strong central business district. -provide businesses industrial and canmexcial with assistance economy and ]wt's impact on In the next few years the through research, our residents. CDC will be striving to training and infoioa- irnrove the overall tion regarding economic development marketing, rergula- climate in our unity. tions and financial AA�GE Usually this improvement assistance programs; ECC 7 O j is measured in tax base T 4' enhancement and the - PronmtiWVCoor- mid'rIVG� & creation of jobs. other dinaticn: activi- Ed Ly ESA goals of the Comm ury ties, often with the Cvh C Develo=ent Commission cooperation of the `nY LSA include: private sector, `aES - Diversification of promoting the the local economy to community economy or smooth out economic a specific sector of £luxuations. the economy. Attachment #2 Distribution Distribution Method Circulation Cost 1. Shakopee Mint 5205 $235 * 2. Shakopee valley News 4000 $180 3. Bulk Mail 5205 $650 * 4. Chamber Newsletter 250 Free Printing Costs * 1. Type set, 20S bond, two sides, one color, folded - 4500 qty X 3.7 4 ea = $167.00 2. Type set„enamel copy, two sides, two colors, folded - 4500 qty x 9.4 ¢ ea = $423 .00 Staff Time - Approximately 10 hours per issue * Alternatives recommended by the Community Development Commission . Al ,o /D al MEMO TO: John R. Anderson, City Administrator FROM: Ren Ashfeld, City Engineer SUBJECT: Damage Claim - Ralph Ferry DATE: October 15, 1987 INTRODUCTION: The City of Shakopee received a damage claim from Ralph Ferry, 8234 Eagle Creek Blvd. , Shakopee , Minnesota in the amount of $1,833.60. The claim is for damage that occurred to Mr . Ferry's driveway during the heavy rain storms this past summer. BACKGROUND: The Claims Committee consisting of Council members Clay , Vierling , & Wampach met on October 13, 1987 to consider the claim. Also present was Ralph Ferry, Ray Hoffman, a co-owner of the driveway, and myself. Mr. Ferry's contention is that there is a two fold problem. 1. The damage that occurred from the heavy rain and runoff is the result of the Horizon Heights development at the top of the hill (refer to the attached location map) . 2. As a result of the development runoff, even during small rain storm events, there is continuous erosion of the bluff occurring which creates siltation & sedimentation problems on his property. Although the 1987 storms were extreme, Mr. Ferry stated that the ongoing erosion problem plugged his culverts thereby diverting runoff down his driveway versus that of the normal drainage course . He stated that the City is negligent due to procrastination because this problem was brought to the City' s attention many years ago. It was the consensus of the Claims Committee to recommend to the full Council to take the following actions. 1. In the interest of erosion control and soil conservation, undertake an engineering study to provide solutions to the continuous erosion problems. 2. Since there has been considerable damage in many forms as a result of the heavy storms, the committee deferred action on the claim to determine what other cities are doing in similar situations . Basically, it was undesirable to claim negligence for the approval of the Horizon Heights development and the precedence it would set. Damage Claim October 15, 1967 Page 2 ACTION REQUESTED: Move to direct the City Engineer to undertake an engineering study to correct erosion control problems in the Horizon Heights area. KA/PmP CLAIM r 5.4� I Da 1 7 �_y J 12 1:12 113 f is16 25 2- 1-1 LILA 27 30 33 35 37 --- —._— -- p J: ' Z p a „a. : . CL °anir W D: nsvo inn. i ;l. N AA z+'a - � — Dawrwh .,., -� E RD _2 _ 2 � � W ✓d a 3 � I MEMO TO: JOHN ANDERSON & CITY COUNCIL FROM: JIM KARKANEN - PUBLIC WORKS SUBJECT: SNOWBLOWER AWARD DATE: OCT. 26, 1987 INTRODUCTION: Sealed bids were opened at 2 PM, October 19th, 1987 , for the replacement snowblower bid letting. BACKGROUND: We have received two valid sealed bids from two Twin City distributors for the snowblower bid letting. The apparent low bidder was Ruffridge-Johnson Equipment Co. , of Minneapolis, who submitted a low bid of $36 , 995 .00 for a Root Model RB-8 snowblower. The next lowest bidder was Itasca - Equipment Co. , of Savage , Mn, who submitted a bid of $45 , 462.00 for a Klauer SNOGO Model MP-3D snowblower. We did not receive a bid from MacQueen Equip. Co. , of St. Paul for a SMI Model 3200, nor did we receive a bid from Boyum Equip. Co. of Lakeville for a Overaasen Model UPV 135-240S or a Rolba snowblower. We are acquainted with both of the snowblowers which were submitted, and we have reviewed the Root Model RB-8 at the Bloomington and Richfield Public Works Depts. , which have recently purchased the same models. It is our intention to install the snowblower on our Case Model 20C front end loader which is large enough to accommodate the installation. We are trading in our Wausau 102-140SCD snowblower. The apparent low bidder did not list any exemptions to the specifications as advertised. VENDOR RUFFRIDGE-JOHNSON CO. ITASCA EQUIP CO MODEL ROOT RB-8 SNOGO MP-31) PRICE $41 ,865 .00 $58 ,462 . 00 TRADE-IN - 4 , 185.00 - 13 , 000.00 NET PRICE BID $37 , 680.00 $45 , 462.00 We had set aside $37 ,000 in the Capital Equipment budget for this purchase, and because the apparent low bid was over the projected amount set aside in this budget, we informed the low bidder that we were going to recommend a rejection of the bids and re-advertise at a later date in order to obtain a bid amount that was within our budget limitations. We also called their attention to the fact that their informational bid sheet did not indicate whether an upper auger was included in the options of the machine submitted. The upper auger was an important option that the distributor had to include on this particular model because the upper auger rotates at different speed than the lower auger/impeller, thus qualifying this machine as a two-stage snowblower which was specified. The low bidder has responded to this action by submitting an addendum letter to their proposal stating that they, as an apparent low bidder, can further reduce their low bid amount to accommodate our budget limitations. This letter has been added to their bid proposal lowering the submitted bid amount to $36 , 995 .00, which will fit within our budget. Furthermore, they have submitted documentation stating that the upper auger, as specified, will be included on the machine if their low bid is awarded by the City Council . This addendum letter is attached to this memo. The bid price submitted for the snowblower is comparable to the snowblowers purchased by Richfield, Bloomington, Rosemount and Fairmont during the past several years. The prices will differ mainly because of various trade-ins offered by the respective communities. ' Ruffridge-Johnson Equipment Co. is a reputable distributor of municipal equipment, and we have been doing business with them for many years. They indicate that delivery would be in approximately 60 days , but that should not be a problem with us because we can use our older snowblower until delivery can be made. ALTERNATIVES: 1 . Accept the low bid from Ruffridge-Johnson Equipment Co. for the snowblower as proposed. 2. Reject the snowblower bids as submitted. 3 . Re-advertise for the snowblower. RECOMMENDATION: Alternative $ 1 . Accept the low bid from Ruffridge-Johnson Equipment Co. , for the amended amount of $36, 995 . 00 submitted. ACTION REQUESTED: Authorize the Public Works Department to purchase a Root Model RB-8 snowblower from Ruffridge-Johnson Equipment Co. , as advertised for the submitted price of 936 , 995 . 00. CITY OF SHAKOPEE ( O PUBLIC WORKS DEPARTMENT PROPOSAL FORM BIDS CLOSE 2 :00 PM, CDST, October 19 , 1987 To the Honorable Mayor and Members of the City Council City- of Shahopee , Minn. 55379 Gentlemen: We propose to furnish, in accordance with your Notice to Bidders and Specifications, one ( 1 ) new SNOWBLOWER as specified. MANUFACTURER AND MODEL ROOT RB-8 with CAT 3208 C2 PRICE OF-� • (AS SPECIFIED) $ 41 ❑6500 � LESS TRADE-IN (City Unit =118 ) $ 418- 00 NET PRICE COMPLETE AS DELIVERED TO SHAKOPEE $ 3768000 - S 37.680.00 DOLLARS AND NO CENTS LIST ANY EXEMPTIONS TO SPECIFICATIONS NO EXCEPTIONS DELIVERY DATE 45-60 n ARD ACCOMPANYING OUR BID IS A CERTIFIED CHECK, OR BIDDERS BOXD IN THE AMOUNT OF 5 1.884.00 WHICH IS 5% OF SUP=TTED BID. r DATE DaY , /5- 198 7 FIRM RUFFRIDGE-JOHNSON EOJUiPt`IENT CO.. INC. Subscribed and sworn ADDRESS 3024 S E Fourth S[ t before me this /�-T� day of OCi 1982. NlinneanolisAIN 55414 f BY XP Notary Public , Ply ComGnssion expires TITLE Vice President d'i NCTA9Y PJPLI�.MINN2FGTN zz My Rte]. 11 FNY1 RUFF:RIDGE-JC7HNSC]N EQUIPMENT CO., INC. 3 4FOVRTNSTREE 50UTMEAST • MINNEAFOLIS.MINNESOTA5 14 7eiepl ne:612.13397937 October 21, 1987 City of Shakopee 500 Gorman Street Shakopee, Mn 55379 ATTN Air. Jim Karkanen Public Works Superintendent Dear Jim: In response to your phone call of this morning and in answer to your question on the ROOT Snow Blower we were low bidder on, the RB-8 Snow Blower was bid with the upper aguer, and because of your budgetary problems we will reduce the net price of the blower to the City of Shakopee by S685.00 making our net to you after trade $36,995.00. T,usting this is the information you desire, I remain, I Respectfull vouis, i Fred M. Smith Sales Representative FMS:ldf � o CITY OF SHAKOPEE PUBLIC WORKS DEPARTMENT PROPOSAL FORM BIDS CLOSE 2 : 00 PM, CDST, October 19 , 1987 To the Honorable Mayor and Members of the City Council City of Shakopee, Minn. 55379 Gentlemen: We propose to furnish, in accordance with your Notice to Bidders and Specifications, one ( 1 ) new SNOWBLOWER as specified. MANUFACTURER AND MODEL Mauer SNOGO Model MP-31) PRICE OF ..!' RF ASSPECIFIED) $ 58,462,00 LESS TRADE-IN (City Unit #118) $ 13,000.00 NET PRICE COMPLETE AS DELIVERED TO SHAKOPEE $ 45 462.00 Forty Five Thousand $ Four Hundred Sixty TWO DOLLARS AND NO CENTS LIST ANY EXEMPTIONS TO SPECIFICATIONS Unit bid meets or exceeds the specifications in every respect. DELIVERY DATE Approximately 60 days after receipt of order. ACCOMPANYING OUR BID IS A CERTIFIED CHECK, OR BIDDERS BOND IN THE AMOUNT OF 5 5°; Bid Bond WHICH IS 5% OF SUBMITTED BID. DATE 0o, 198, FIRM Itasca Equipment Company Subscribed and sworn ADDRESS 8035 W. 125 St. PO Box 377 before me this day of . er. 1987 Sava e. Mid 55378 14 .y nt '-� BY Notary Public, My Commission expires TV ice President-Sal@s WE CERTIFY THAT A STOCK OF REPAIR PARTS AND FACTORY TRAINED S-tRVICEMEN ARE LOCATED IJ SAVAGE. FIINNESOTA. R00T SPRING SCRAPER CO. / KALAMAZOO, MICHIGAN 49007 / PHONE 616 - 382-2025 iftl I .. Rk � `�� lY�� iiy Y '• MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Valleyfair Service Agreement Fee DATE: October 21, 1987 Introduction The Shakopee City Council appointed a Council Committee made up of Jerry Wampach and John Leroux to met with Valleyfair. The meeting was held on September 29th with Walt Wittmer and Al Schwartz representing Valleyfair. John Anderson, City Administrator, also attended. Background The purpose of the committee was to discuss the City' s service agreement with Valleyfair to determine if the financial aspects of the agreement warranted changing. After considerable discussion about why the service agreement came into being and the current police activity levels at Valleyfair, . the committee hit upon a tentative change in the agreement. The proposed change would take the number of police calls on the police activity list for each of the last five years. The calls would be averaged and then the figure of $10,000 would be divided by the average number of calls. This would establish a per call rate that would then be used to determine if the annual fee should rise or fall from the $10,000 level. This would create a formula based upon activity levels. The committee agreed that the maximum change in any one year would be a plus or minus 10%. This means that the fee could go up or down by a maximum of $1,000 for 1989. Tom Brownell has provided the number of calls by his department to Valleyfair over the period of 1982 through 1986 as listed in the table below: FORMULA FOR COMPUTING ANNUAL VALLEYFAIR SERVICE FEE Year Number of Police Calls 1982 92 1983 93 1984 78 1985 80 1986 36 379 Total Calls $ 5 = 75.8 (76) calls per year $10,000 1 76 = $131.58 ( $132) per call For 1989's fee the following example illustrates how the formula works. Assuming 50 calls in 1987 we get a new 5 year average of 67 ( 337 z 5) after dropping 1982 with 92 calls. 67 calls x $132 = $8,844 which is a drop of more than 10% so the 1989 fee would be $9,000. The $132 per call rate is fixed unless we agree in advance to an inflation factor. Alternatives 1. Approve the committee recommendation as outlined. This particular policy allows the City and Valleyfair to accommodate changes in activities in the future. It also establishes a formula that is somewhat related to extra services rendered. It does not allow for inflation. 2. Approve . the formula as proposed by the committee but increase annually the cost per call by an inflation factor. This could be a pre-agreed upon number or the "implicit price deflater" a figure used for other municipal aid formulas. This inflation factor was not discussed by the committee and Valleyfair 3 . Come up with some other form of formula approach. The committee really did not have any other realistic alternatives. 4. Reject the various alternatives and continue with the status quo. This alternative is not favored by Valleyfair which would like to present some longer term picture to their corporate office. Recommendation The committee recommended alternative No. 1, but without having considered or discussed the inflation factor. Action Requested Pass a motion authorizing the appropriate City officials to enter into a service agreement with Valleyfair for additional police services based upon a formula that incorporates a five year rolling average of police service calls to Valleyfair with a minimum and maximum change in the fee structure in a given year set at 10%. JKA/jms / DC MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk C RE: Appointment to Planning Commission DATE: October 29, 1987 Introduction & Background As a result of the recent resignation of Dave Pomerenke from the Planning Commission, notice of the vacancy was placed in the Shakopee Valley News and interested parties were invited to respond by October 30th. As of this writing no letters of interest or resumes have been submitted to the City to fill the vacancy. Jim Link, Lee Stoltzman, Mark Houser and Terry Forbord previously indicated an interest in serving on the Planning Commission when there was an earlier vacancy. Mr. Stoltzman and Mr. Houser have not expressed an interest at this time. Mr. Link and Mr. Forbord are still interested in being appointed to the Planning Commission to fill the current vacancy and copies of their earlier resumes are attached. Alternatives 1. Nominate from current applicants. 2. Continue to advertise. 3. Do not fill vacancy. 4. Amend the City Code reducing the membership on the Planning Commission. Recommendation Make nominations from the current interested applicants. JSC/jms 1043 South Main Street Shakopee, Minnesota 55379 • May 27, 1987 Shakopee City Council Dear CouncilMembers; I wish to express my interest in serving on the City of Shakopee's Planning Commission. Having been a resident of Shakopee since 1970, with an extensive back- ground in Real Estate, I am presently self-employed full time as a Real Estate Appraiser, my principal clients are financial institutions in Scott & Carver County, I don't feel there is any conflict of interest as the Rules of Professional Standards and Ethics prohibit me from being involved in that situation. I am a home owner, and also own rental property in our City, therefore my interest in the future of Shakopee and its stages of development are genuine. I sincerely believe my past experiences in real estate and the knowledge I've gained over the years would be an asset to the Com- mission, recently I resigned from the Shakopee Fire Department and feel the time is available to make this commitment. Please consider my appointment to the Planning Commission, I feel I can make a valuable contribution to the City. Respectfully 496-1838 /01 Terry M. Forbord 2103 Bridge Crossing Shakopee, Minnesota 55379 June 18, 1987 RECEIVE Mayor Eldon Reinke and JUN 181987 Members of the City Council City of Shakopee 129 E. First Avenue CITY OF SHAKOPEE Shakopee, MN 55379 ' Dear Mayor Reinke and Members of the City Council: The purpose of this letter is to inform you and City staff of my interest in serving on the Planning Commission of the City of Shakopee. It is with great interest in the future growth and preservation of the integrity of our community that I respectfully seek the Council's appointment of me to the Planning Commission. My wife Kathie and I have lived in Shakopee for two years and I have been employed locally for twelve years. I have worked in the community in residential real estate development, construction and sales previously with River Valley Contractors, Inc. , The Laurent Companies and currently with The Scottland Companies. I believe citizen participation is an important aspect of integrated planning within the community and I would welcome an opportunity to contribute to the well-planned growth of Shakopee by an appointment to the Commission. During the past three years I have enjoyed serving the City and its citizens on the following committees: Downtown Redevelopment Ad Hoc Committee, Highway 169 Bridge Siting Committee and the Citizens Advisory Committee for the new City Hall. I an fully aware of the dedication of time and consideration such an appointment merits and I am willing to commit whatever time and effort necessary to achieve the levels of excellence required. I realize that a question may be asked about my being employed at The Scottland Companies. It would be my intent to abstain from any vote concerning The Scottland Companies or Canterbury Downs. when one reviews all of the land planning matters in the City each year and on ez=h agenda, the frecueacy c` natters related to those two ==anies out City of Shakopee June 18, 1987 Page 2 of the hundreds of items reviewed, is very limited. I appreciate the opportunity to submit this application for your consideration and I am willing to provide any information or answer any questions. Sincerely, Terry M. Forbord c.c. John Anderson, City Administrator MEMO TO: John R. Anderson, City Administrator ) FROM: Ren Ashfeld, City Engineer SUBJECT: Shiely Company Water Appropriations Permit DATE: October 21, 1987 INTRODUCTION: The J.L. Shiely Company requested a water appropriations permit amendment to allow higher levels of pumping to dewater their mine. City staff presented concerns to Council regarding this permit amendment and Council demanded a public hearing on the permit amendment. BACKGROUND: Two basic concerns were forwarded to the Department of Natural Resources (DNR) regarding the permit consisting of; 1. Capacity of drainage structures to accommodate the added surface water discharge; and 2. Effect of pumping on the ground water aquifer. Prior to holding the public hearing, the DNR scheduled a meeting of all affected parties including watershed districts , City staff, and interested property owners. The DNR submitted data of well pumping tests that alleviated initial concerns of effect on the groundwater aquifer. The appropriations permit will require ongoing monitoring of wells. After a fair amount of further analysis, it was determined that the culverts on the Fish & Wildlife property were the only ones susceptible to damage as flows exceeded their capacity. The attached correspondence indicates that the concern has been addressed by the DNR and affected property owner. RECOMMENDATION: I recommend that the City withdraw its demand for a public hearing. REQUESTED ACTION Move to direct the appropriate City official to notify the Department of Natural Resources of the City's withdrawal of its demand for a public hearing as it relates to the J.L. Shiely company water appropriation permit amendment. KA/pmp SHIELY 11rSTATE OF DEPARTMENT OF NATURAL RESOURCES PHONE No.61 2/29 6-7 5 23 1200 Warner Rd., St. Paul, MN. 55106 FiL F Nr September 30, 1987 Mr. John Anderson, City Administrator 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: RE: PERMIT # 80-6212 OR 81-6053, SHAKOPEE'S REARING DEMAND Enclosed is a letter to Ed Crozier, Minnesota Valley National Wildlife Refuge, regarding the culverts on the refuge property. I believe this resolves the remaining issue relating to the city's hearing demand. The appropriate resolution of this matter would be for the city to withdraw their hearing demand. This can be accomplished by letter to me. Following receipt of your letter, we would proceed with issuing an amended permit to J.L. Shiely Company that includes the additional monitoring provision. Should you have any questions, please feel free to contact me at 296-7523. Sincerely, Kent Lokkesmoe Regional Hydrologist METRO REGION DIVISION OF WATERS Enclosure: cc: Ed Crozier, Minnesota Valley Ray Lappegaard, J.L. Shiely Company K22/lkr AN EQUAL OPPORTUNITY EMPLOYER STATE OF DEPARTMENT OFF NATURAL RESOURCES 1200 Warner Rd., St. Paul, ME. 55106 PHONE No 612/296-7523 FILENO RECEIVED September 30, 1987 0-70 2L47 Mr. Ed Crozier, Refuge Manager CITY OF: SHAKOPEJ: Minnesota Valley National Wildlife Refuge 4101 East 80th Street Bloomington, Minnesota 55420 Dear Mr. Crozier: RE: REFUGE CULVERTS - CITY OF SHAKOPEE I would like to reiterate our discussion of September 15, 1987 regarding the culverts on refuge property, downstream of T.H. #101 in Shakopee. BOTH CROSSINGS - Following the rainstorm in late July, you inspected these crossings and neither were experiencing problems. You still have concerns over ultimate development of the tributary watershed. I indicated that I thought Shakopee's existing policy is to require on-site storage so the rate of runoff remains the same. Another general issue raised was the ultimate water quality. Both water quality and water quantity would be issues addressed by the watershed management organization. SOUTHERLY CULVERT - This culvert is located just downstream of T.H. P101 on what was the Kopp property. This culvert could either. be removed or enlarged, depending on how access is Provided to the building site in the future. NORTHERLY CULVERT - You indicated that you had more concerns over this culvert; however, there weren't any problems evident following the July rainstorm and that has alleviated your immediate concerns. A copy of this letter, with a request for the City to withdraw their hearing demand will be sent to John Anderson, City Administrator. if you have other concerns or if I have inaccurately stated our discussion, please contact John Anderson or myself. Sincerely, Kent Lokkesmoe Regional Hydrologist METRO REGION DIVIS1014 OF WATERS cc: City of Shakopee, John Andersott/ K21/lkr AN EQUAL OPPORTUNITY EMPLOYER CITY OF SHAKOPEE INCORPORATED 1870 Mr 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 553]9 13]6 (612)4453650 / M February 2, 1987 Kent Lokkesmoe Regional Hydrologist Minnesota DNR 1200 Warner Road St. Paul , MN 55106 RE: Shiely Quarry Dear Mr. Lokkesmoe: This is in response to your January 28, 1987 correspondence to John Anderson regarding the Shiely Quarry appropriation permit . Thank you for the opportunity to review the draft permit. It appears the water table monitoring program, as required by the permit conditions, will help in assuring that the long term draw down impacts will not effect local water wells. As Shiely revises their pumping operations, I presume the DNR will closely monitor the results of the longer seasonal recharge period. For the most part, our concerns still lie with the discharge stream. I agree with your evaluation that adequate capacity exists within the culvert system under Trunk Highway ( TH) 101 . This is confirmed in the -two reports that you mentioned, the Barr report and the Sunde report . The major concern lies with structure capacities downstream of T.H. 101 . For your convenience, I have enclosed the water surface profiles from the Sunde report. 1 _ have highlighted an area of particular concern, that being a culvert located on the Wilfred Kopp property. I conducted a thorough field inspection of this drainage course and I am convinced that this existing 36" culvert does not have adequate flow capacity. There is also a 36" culvert within the drainage course located on property owned by Hennepin County Parks. This culvert does not show up on the Sunde report. The Sunde report recommended to Shiely that the 60" culvert under their private roadway be increased to accommodate the expected flows or to rip rap the road so it would not wash away when overtopped. That recommendation substantiates the City' s concern of adequacy of the inplace 36" culverts. At this point, 1 do not know whose responsibility it is for increasing the capacity of the two 36 " culverts but 1 believe the permit should not be issued until that question is answered. Of r, 02 ,e„ Va116Y Shiely Quarry February 2, 1987 Page 2 Another concern of the City is the point of discharge of the Shiely pipeline. Shiely is now in the process of constructing a new discharge pipeline south of the existing discharge point. There are no provisions in the permit requiring a discharge structure that would protect against erosion of the existing drainage course. Like you, I hope these issues can be resolved soon. If you have any questions, please contact me. Sime e , WKen/ hfe d City Engineer - KA/pmp QUARRY J / I IIIIIIIIIIIII . j '., i Mill � ; 6 � Cie j d � %` y+ ' `I �� i ��I 1 .,III ��° I I J i .,—'--y _— � � I NWr i � i i TI . I � � .,, .. I� �� , � I - - � � I - - �- � ��� i � �_� _ � � , �� € / �, �� I, . . � � ,� -- � - � ` i ' - - -_ ��- - �_ ,� 1 j `°s �� ,- � ! -- - �1�r � � � '. ill I ',.' � , � r. � z -- In Ii ; , - � 1� � ��- ,� a '- �, i � � � � ��(I� � Z � I c �� ` I ;fit' �� � � , � I �� � L ': ,, �_ �� --_ , a illi I �� I I I i o � � I_ � ► iii : IIIE`I ^^FF��^^SnnTATE OF HH1EZQ)'TQ DEPARTMENT OF NATURAL RESOURCES PHONE No. 296-7523 1200 WARNER ROAD, ST. PAUL, MN 55106 P1 MJ January 28, 1987 .ten r a CITY OF SHAROPEE JAN 2 81987 Mr. John Anderson, Administrator 129 East First Avenue CITY OF SHAKOPEE Shakopee, MN 55379 RE: SHIELY QUARRY - APPROPRIATION PERMIT 67-0172 Dear Mr. Anderson: ' This letter is a follow-up to our December 15, 1986 meeting at Shakopee. As you know Media Adelsman left DNR at the end of December, 1986, so unfortunately it has taken longer to formulate this response. A draft permit and the following comments are provided for your consideration. If you would desire another meeting, please contact me. ANEarr Engineering report done in April 1980 for the City and a report from Jerry Sunde done in July 1985 for Shiely were reviewed to formulate these comments regarding the impacts of the Shiely pumping on the channel capacity. Concern was raised about the Shiely discharge during "normal" flow conditions. Without defining "normal" flow, we evaluated the flow at T.H. 101 with full culverts. This flow rate is about 120 cubic feet per second (cfs) . The Shiely increase of 9 cfs authorized by this permit represents about 7.55 of this rate. It must also be noted that the pumping rate of 10,000 gallons per minute will be utilized for dewatering and a lessor rate is needed for the maintenance of water levels. Effects of the permitted discharge at peak flaws were also evaluated. i The maximum capacity at T.H. 101 before the road is overtopped is approximately 400 cfs. This rate is approximately the 100 year flood discharge. The total peak discharge from Shiely (22 cfs) is only 5.55 of the 400 cfs flow. The peak discharge from the Shiely Quarry should be compared to a peak flow from an industrial/commercial area of similar size with direct surface drainage. The increase in discharge from the Shiely amendment request does not materially affect the capacity of the watercourse. The draft permit amendment is consistent with DNR rules. The opportunity for comprehensive review of the surface water drainage is available through the CH. 509 surface water management plans or through comprehensive stormwater management plans initiated by the city. This AN EQUAL OPPORTUNITY EMPLOYER CITY OF SHAKOPEE Page Two January 28, 1987 watershed, being divided between Prior Lake-Spring Lake Watershed District and the Lower Minnesota Fiver Watershed District, has some unique problems but they are solvable if all the parties work together. If you wish to pursue the surface water issue the city must develop a factual basis for their position so it can be thoroughly discussed and resolved. A contested case hearing on the amendment to permit 67-0172 will not provide an answer to the surface water concerns you raised at the December meeting. I trust we can expeditiously resolve this and look forward to your comments. Sincerely, Rent Lokkesmoe Regional Hydrologist METRO REGION DIVISION OF WATERS Enclosures: Draft Permit Application Attendance List 12-15-86 Meeting cc: Ray Lappegaard, J.L. Shiely Company Al Kremer, Prior-Spring Lake Watershed District (Hickok) Larry Samsted, Lower Minnesota River Watershed District City of Prior Lake MM11/dv . AMENDED WATER APPROPRIATION PERMIT PERMIT NF-02628-02 Boz 32, Centennial Office Builaing 67-D172 INNESOTA Sc Paul, MN 55155 couNTv Department of � Natural Resources Scott Division of Waters (THIS PERMIT SUPERSEDES PERMIT 67-172 ISSUED 4/23/67 AND ALL SUBSEQUENT AMENDMENTS) IN THE MATTER OF THE APPLICATION FOR APPROPRIATION OF WATERS OF THE STATE, PERMISSION IS HEREBY GRANTED TO: PERMITTEE Authorized Agent J. L. Shiely Company Linda Sch u Address 1101 Snelling Ave. No., St. Paul, MN 55108 ,, . . To Appropriate From: _ (' 9 i x A quarry Point of Taking: NE;ZW<SW: Section 2, T115N, R22W as L Purpose: Dewatering of the J. L. Shiely Shakopee Quarry for limestone removal from March l to November 30 of each year. Prooeny Described as: NtSNW: Section 11 , SE: Section 3 lying south of rail line, SW, Section 2 lying south of rail line; All in T115N, R22W Authorized Signature Sarah P. Tufford Title Administrator Date 7Water Use Management Section This permit Is granted sublect 10 the following CONDITIONS: 1. OUANTITY: IO 000 gallons minute.The total amount of water The Permmeeis authorized to appropriate water at a rate not to exceed 9 Per appropriated snail not exceed XXX acre feat or 2.7DO million gallons per year. 2. LIMITATIONS: (a.) Any violation of the terms and provisions b1 this permit and any appropriation of the waters of the stale In excess of that authorized hereon shall constitute a violation of southeast. Statures. Crispier 10s. (b.) This permit snail not be construed as eStabl,ahmg any priority of appropriation of waters o1 the state. (C.) This permit is permissive only.No liability shall be imposed upon or Incurred by the State Of Minnesota or any of Its employees,on amount of the granting hereof oron account of any damage to any Person or property resulting from any act or omission of the permittee reading to any matter hereunder.This Permit shall not be construed as est-Poing or limiting any legal claims or right of action of any Person other than the nate against the permmee, for any damage or injury resulting from any such act or omission.or as stopping or limiting any legal Claim or fight of action of the state against the permittee.for violation 01 or failure to comply will the provisions of the permit or applicable provisions of law. - (d.) In all cases where the doing oy the permittee of anything authorized by this permit shall involve the laking,using,or damaging of any properly, rights or Interests of any other Person or Persons. or of any publicly Owned lands or improvements thereon Or interests therein.the permittee.before pnocabong therewith.snail obtain the written consent of all Persons.agencies.or authorities concerned.and snail acquire all property, rights and Interests necessary therefore. Ie.I This permit shall rot release the permittee from any other Permit requirements or Lability or milder on imposed by Minresola Stables. Feu rdl Law.Of local Ordinances relating thereto and Shall remain in force Suits,to all mositions and i,mdaliona IVw IX herea02r f1co ed by law. wetMl Unless lands A Separiatel permit lmust oe Oobtained fomnot thetDepartment of alterations Natural Resources pro t0 any Such public alters onCtetl)waters or 3. PERMITTEE'S RESPONSIBILITIES: N.)MONITORING. The permittee shall equip each installation for appropriating or using water wnn a device or emplOy a method to measure the quan- try of water appropriated to within ten (10) Percent of actual amount withdrawn unless otherwise specified by special provision. (b.) REPORTS. Monthly records of the amount of water appropriated or used Shall be recorded for each installation, Such readings and the total amount of water appropriated Or used shall be reported annually to the Director Of the Division of Waters,on or before February 15 of the following year,upon forms supplied by the Division.Any processing fee required by law Or rule shall be Submitted with the records whether or not any water was appropriated during the year. Failure to report shall be sufficient cause for terminating the permit 30 days following written notice. Ic.) TRANSFER OR ASSIGNMENT Any transfer or assignment of rights.or Sale of property involved hereunder shall be reported within 90days thereaherto the Direc- tor of me Division of Waters.Such notice shall be made by the transferee(l e.new Owner)and shall state Inattention to continue the ap- propriation as stated in me permit.This permit shall not be transferred or assigned except with the written consent of the Commissioner. (d.l MODIFICATION. The permittee must notify the Commissioner in writing of any proposed changes to the existing permit. This permit shall not be modified without first obtaining the written permission from me Commissioner. a. COMMISSIONER'S AUTHORITY: (a.)The Commissioner may inspect any Installation utilized for the appropriation or use of water.The permmee shall grant access to the Site at all reasonable times and shall supply Such Information concerning such Installation as the Commissioner may require. (b.)The Commissioner may,as he deems necessary,require the permibee to tinsel gages and ror observation wells to monitor the im- pact of the perm ttee's appropriation on me water resource and require the permittee to pay necessary costs of installation and main- tenance (c.)The Commissioner may restrict. suspend.amend,or cancel this permit in accordance with Spot icable laws and rules for any cause for the protection of public interests.or lot violation of Ine provisions of this permit. 5. PUBLIC RECORD: All data.facts,plans.maps.applications,annual water use reports,and any additional information submitted as part of this permit,and this permit itself are part of the public record and are available for public inspection at the offices of the Division of Waters.The Information contained therein may be used by the Division as it deems necessary.The submission of false data,statements,reports.or any such ad- ditional Infortnation..al any time Shall be deemed as just grounds for revocation of this permit. ADDITIONAL CONDITIONS 1 . Monthly measurements of the water levels in the Prairie du Chien-Jordan Aquifer from the Shiely Observation Well (SW corner of NWai Section 11,T115N, R22W), the NSP. Substation Fire Well (NW;NW4SE: Section 11, T115N, R22W) and the Blue Lake Waste Water Plant (SW.NESW)4 Section 2, T115N, R22W) shall be made on or about the 15th day of each month and submitted on a quarterly basis to the Division of Waters, Water Allocation Unit with the total amount of water pumped for the same period. cc: Kent Lokkesmoe, Regional Hydrologist Scott County SWCD Lower Minnesota River WSD ..,, Douglas Reeder D. Czay Data Systems/Fox ` _ / oo w �ku�o Q� 6 o s"o P (/�'""" �. L. Shy"ely Co • (o ¢!a -�(c0l L 1 n.il-u-J .Sc-hu.,t z— Adel 2-6 yys' - 3b� 1t7 3 -`Fz�w 4(PZ P^/ A -1ArnEs �. AbS P<,.R � akar s/e„rc lhks FjENT L.oKA'Etmoc �ru2 - w,yTi<J 29(, - 7SZ,j L. N/Sl+cv Oesr- ¢¢7-*16 II�� � Cz/3J�-i Ctrr/ ��� nl�u.. clJ,6r�Ranso �,vGue€2 �f`fs'1995 JQ+K STff o F p' p + W O OOOWWYYY WYYO W W Y n O � e000000e l>as > P m S F J W J • W + W f 00000mm0 A : N t t t Z H O K O _ O T m' m ro m mmmNrvrororo mmroN ro ro ro ro > mmmmm mm m m m m c m m m m m,�myymym mmmm y y y y m J J J J JJMJ I. IWW 00 �r � �JY P mN 'P INN NN mm W WJNOm W l e oo 00 10 10 + 0 f t P ! A e O ♦lo • OI m m m DDDDDDDD DDDD n m D ! O O TF y1-Iy41-1-1 ZZnZ z1 = T m p 'K pl Po-o-4trPo- 2222 O Z O 000 0 > y n m -iyy-ly y-ly A'A A9 3 F Z a O A D D K nm000000 D91V m 2 A p A 9 2_3_33_Sx3_32_ A A 2 . 3 9AA9 O m N m m i m D F O n I m fAl m S m M. PM... ' 99mm i J � � �9 m A mmm111mmmr P�9T C A rrrrrrrm mmmmmmmn m,z99 m r 9999999 , stir r r [ n o 33323x3 m m mm m m 2 Ptrmm m tr .j mmmmmmm mm c I y y O y Z u O O o a0oo00vo OOoo o ? � � p _I 1 1 11111111 till 1 a 1 1 p 4 W LOl4AAlY 1 O Ib N Z I W m 0 N YYWWYWWO ' YWNN N W e O � NNroNNNNo ONoo 0 o N y ' J b 1 1 rill le O W N ' I ' '' 1 rvflll 101 lil 1 I I i ' J N Lro�N�Nrvo ��r� Y N ro N � I W r O i � e O W 0 S J S m 9 a m i r • i � � • m ♦ i i m m m u Y Y Y U Y W 6 6 m 6 W_ 1 0 0 a NI 1001 1 I I I e 1 Z 1'1 14 � N n Fl t'i 1'114 R P 0 O O N N P ad N NNNN R R n 6 �, e o O O oe o 0000 W I i y J m 6 0 tl ml ¢ m 1- I O O 7 O JJ O NOJJ O ¢1 ' W W % L 00 W' 000 V 6 K m � tl m O O T u V V U O wZi O V V �1 W W LLLLLLLL {Aj Z Z I rr Pa PP tl _ • MR mPPPP ♦ f WW'. mm m0 nr WIN rr '� PP Wn0 nn _r mm m0 0 z a w w r r r r r r 'o m m m m mm m rmmm r r r m m Y 0 0 0 0 mm 0 06bm \ m m 6 N N N d NN N NdNN W d d m r o o O o o OOoa p LL m ^ - O T O h Z V Y 0 WO P U O e O O O ^ r ♦ n a n ! 14 f Fl ♦ Fln a n ♦ AAA. a R ♦ R a n W W o W Wo 0 o W u m w u roN m m m m r N • .o a oo a o • u + J f a mm • m • u • a • O m N A O < O O T D r y m N N N N N N N N N Z m 0 m m 0 0 0 w 0 V\ J mm 0 y 0 m JJ J J JJ J J J m m NN I yyy$ Ip bb A+N __ bb '0N yy ^WI y Nm AA FP V i00 NWb I NN 00 NAYo 100 y+1 '.NN PAA -� ON mb W4 m+IN OA WW �ro- • OI IIP NN I I I 9i n Iii NOm D Y m 99 m i DD A 0 m O DD A A 'T Y T nC S o- C O i ~_ y m x ov n m m m .y. r 00 r m SD = am x r i9 m W A C ZZ C Y y Y m 9 y T w y y Z 99 I i ^ D 1 I 1 I I o ee e N N O I I I O I A A AA A a AA A A A I O W N W N N W NN N W W CZ N b N W ,I ro em - 1 1 I I 1 P I 1 I W I 0 W N b O W I 0 Z J m 9 N D D m w w a m m w m m m m w W I 1 1 I 1 1 1 1 1 W 6 W • ♦ • ♦ f • ♦ e • ♦ m i O I W I r e _oo P err T 1 I ' 7 n nnn ! In n naa a a. NP YI ! m O e ave e e eee e a Iii P e - < 6 r Adm OFh o Z III I O r I 4 rmiFr � m > ¢¢¢ W 6 Omm < WW W 6 W W W0m W G . m m L LL LLLLLL LL >JJ V. 4 644 V rJO W mI mV. V 4 I I y I O I p III _ C!! 6 J 666 m Z UU W 2 V 000 4 O O Z2 O Z ZZZ S Q 000 OW V ZZ.. LL h .. LL ¢ W « I f WV PWPn • • P mm • t i f N 0101 mWOp Ow pe NN F Nm P_NV 00 O mWOn _- 00 000 00 as a PP gpno NN PP Fl�W Nd WWO mN NN Z L a aW 10 rFF 01 F Fr10 r r 0110 r 10 mmm o< ma NNN m M,W,10 mmd W m M MOO 00 0 a ' LL O O } O 1- Z V Y N nnn N n N r 00 w m W O pp O PV V _ • n nnM f n • n f nnFl ♦ n f n • nn • n ♦ n ♦ n NNN NNNN e y e A y I . p � 000 R o0eo • N • Y • x „ W R o • a • o e p R Z y O < O O T 1 W N ro rvroro rvNrvro ^' m m m m m m mmm mmm m m � w H J N -miymi JJ .IJ J m m m ' J SII III SII I W Nva ry0 NN Np ry N NN JJ NNNN N NN ' NN nN pp oe NNNN NNNN oo m0 00 I4I R o R N R e • • 1 e • R R I O D DDD 2222 i m I F r rrr 9 Z Z 9 '9 m � r rrr Y1-1�1 m K N Z r O O K KKK O[100 0 m T < 4 10 4 L O 0 y O00 A99A TO rrr mmmm m v ass zzzz o r o mmm lea-rr m F m nO00 I AAAA O K A �i 'I ill I y j , III mmm mmmm ovo 0.000. v A v m y u Oy j 9 < r T 000 O m 0 p O yy4 -IYy-1 0 0 0 n T m y N y y D e o o e y e eee e_oee e a � n I 1 a aaa e o i n i w � u Nmro am In am l'o ro u Ip i iry N ry W YI YYY YWYW e H I 1 y 1 I 1 ml 1 I y W YYY ro+0m ,O � L Y y W =jam NuOm J a m p N W < J 0mm I 1• � .I ry yl y O W m I J m 9 0 D a m • 1 m m i x m a w m w m w m m m 1^ m Y 0 w a u m n w >< I I r s m I eA m 1 n NNN i mma M mmmm. _ mmmmFla - _ a b a N a mmol a� !I 1 i � A P a P O 1 1 1 1 1 1 1 P P 1 i dl 1 i 11 'I 1 Ij MI • ' e d � ada ai a damaam a m ' m a m m n aam a O P PP' PPYPOO P P P P P f - PP V 1 1 I I I I I 1 '.1 '1 1 J 1 '.I '.1 1 1 1 i V b b 4 o Oo d d O O O O ¢ m 00mO _¢ WO > > � LL G uwi�u.Wi HIM W0 IN < 0 r W W < m w HotJJJJ 6 JnaJJJ 0 m ' o 6nnn O O m � 6 LL LL rvrSi 6n 6� � W2 I MJJ» > n Q 6 »J O W¢6 0000 W 00%%0% y 6 f] 6 0 6 6 000 W r2 u � ¢ z w a n %000fFFI 00 F 4 0 6 S q CK6 ¢ JJJ!I �..0i��nw ¢¢ ¢ b G UVVV w Mill W V_ F O S if 66 0 rrl-� 2 UVVV S V O (1 !h IDmm �P N W W W W W IY ¢ •.r F yl 6n66 V OOOOCO K S Y 0 O T m d 0~~ Y WWWW � c ¢p000 W Y Z_ Z $_ r n �6a' Q nLLLL PFPA ♦ mbm0bmd • • ♦ ylN ♦ ♦ FF mm mbbID ♦ Pop TdPaO Oe Abby Oo b mn Pp N NN dd�d�- oo b0 AM AM NN 00 dNdP mm ObA Z NN AA da d' J a w w FFFF F mFFFrF r r r r `'mmmm m m m m m m m m rmm m a Naaa m 'mmmm' m m � � � � a aadaad a a a a a a m a Eve a W --- a `----- -- e o o e e ` ee 0 H LL O O Y O • S V V AAMM P o nVWn 0 e e oo b a Ooo ..Z 00m'Om 0 0 m m 0 000 m V OeeO oo0ooe 6 0 AFlMA • M FlAAAAA A M A A A A M O MAA O • A A I n u x � m n Z ti O O m 1 m i I x i a IW a 0 I i I I l INOoaN I i i I ! I I I ! I ti ISI y !.Zzz I I oove m '.0000 i r rrDDn 'r z y , A tiTbO ti 9TJ2 S I I i i i I I x 9 O O DS9Z N s me n xm y m m< zm o c Kr z T9 ' r OZ m y Z K -1 D n I o c z y I Z O I O W m i J Z m v w a w n s m m J Flm m 00000000 m m m m o w mF N 0w00 IO m m M to W Y Y FFFFt FFF F F W W W F W W F FFFF F F P f. F- Y O O VI VI N VI N W W W O p F. W r r r r Y r W r N N N N w w w i0 ut w r r m m m w O r O r 0 0 0 O O p O n O O O FW rw FFYw O O O O O r 0 0 Y YNYY r ut 00 y p O O O YNrW r Y Yeo O O O O O r O p Y FrWN Y r 0 O O O O FW w0 0 0 0 Y O O O O OO OOO NV 0 n m m m 00000000 m m m m m o —i m r 000 o rn m m 0 0 F VI V1 r Y Y r Y Y Y Y Y r G F F r W F VI YW r r Y W N ut r 'M1 Y Y Y r Y Y Y Y Y Y Y r r Y r r r r Y Y Y r r r Y Y Y r Y > 0 0 0 00000000 O o 0 0 0 0 0 0 0 0000 O O O O 0 O I Y Y Y Y Y Y Y Y r Y r Y Y r Y Y Y Y Y r V r Y r Y r Y Y O W 0 0 0 00000000 0 0 0 0 0 0 0 0 0 0000 0 0 0 0 0 fJ r r N t9 IF O N r g rn O O Y N Y N O ,1 3 N W N W Y W w F r F N FNWN N �i O ut W N m m N Y Y r W W w D\ U N O N J O r w N O O ut O un b 0"N m O F F -4 O O O F �O O �O—IN N m of O N O O ut N N c O b m N r m m ut O O O b ut O r D\N Ut O D\ O M O O m ✓t ut O O �, N N w 0 0 0 o N 0 0 l N M 0 0 0 0 Y N f 0 C Ij w C W [+l b = 0 m m n n .O n O N a O a n w a n F n n w a O N w 'O b b C O m Y 3 O O O 7 L O O 'O O a K w w Y 3 C sw O M M w w m 00 0 0 0 (F O m w Y w M M r O4 n H m a n a w W 09 00 m a OG n R' N n K m ,o a < n 0 5 < < a m o C G M a a O C ❑ H n O O r S a m m ct w p ly N N N N N N N N W N N N N N N N N N N N N N N N VI VI" VI V11n In VI VI VI VIN V1 VI VI VI V1 VI Vt VI N VI VI VI VI VI VI VI VI Vt F Y Y Y r r r Y r r r Y Y r Y r Y Y Y r r Y Y r Y Y Y Y Y Y r r r Y Y Y r r Y Y Y r r Y Y r Y O O O 0000 O O O O p O m N O\ O\D\ N F W N r Oa a m O a w m a z z w a O a 0 o m K z ,. o` x w .a* M 3 � c G ry ' G N "I M S n o a m m S �, Y pp w � � n o a n. I w p S w a Y a a a n a r a w a F E > > O 9 9 'S F o a o m ro 0 Y' O O 'O a 3 CD O a w m m m a c b r 0 a a n D r O a N O a O a {p m 0 O O Y m V F O N m o m N m 6 m W W W 0 ut 0 N O N b W ,1 O 0 O Vwi F O VI �p O '� F ,1 O O O F �O O �1 m Ut O N � 00 � N � 0N0s m 0 0 0 0 000 ° N M Un O C0 O O M N OIC N O O N O O N P M M CO rl Y y W � O O c W X m n v > y W y O E L Z O Z UO 3 O E 4 y Y v > v C O � NNN N N N N N N N N N II U NNN N N N N N N N N N E m E M E E W O O H U ei U O % O P-OI Y V�•iO ,�:. = _ £ 4l ❑ d 0. ❑ � .Oi W C W N O t~-m N N rl � dO Xw N tnNN O NNN = E E E E E E E O ^'� M.-I Y >e G OJN N in O m O O m MN Ove dt❑s. ti i 6 6 O O N O N M N N M O +' �O N N in in N l0 0 O J > N OJ 6 Ln = l E4 IK - 3 < 3 U > — 0 0 0 0 0 0 0 0 0 00 O Oj v O 0 0 0 0 0 00 - - N ri 0 H U C ❑ N U] L L'l F+ G _ J O 0 0 0 � 0 � O N 00 0 77 rl V�V' M M fi� Ili 00 b N OO O [c O .i NCO t�Nmm 0 0 0 0 0 0 0 0 m tin 0 000 0 0 0 0 0 D\ N N O V 000 0 0 N N N N O N W OJ of N CO OJ N N O O C R �' UIse- 10 JDo� TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Garbage Contract for 1988/89 _ DATE: October 30, 1987 Introduction The two year contract for refuse removal is up for renewal. Council authorized renegotiation of the current contract but also directed that other haulers be contacted for quotations. Background The past practice has been to get written quotations every four years and to renegotiate at the two year point. The current rate is $6.52/5.23 (regular/senior citizen pickup). The proposed contract for 1988/90 is essentially unchanged. A rate survey conducted by Minneapolis and dated May 1, 1987 is available for review. An extract of 33 entries from that survey for weekly curb/alley service shows a cost variance from $6.03/mo. (Shakopee) to $11.00/mo. (four cities) with the average being $9.16. - Waste Management has proposed a four percent increase for 1988 and four percent increase for 1989. The rate would be $6.78/5.43 for 1988 and $7.05/5.64 for 1989. The contract has a reopener clause if disposal rates increase by 259. The quotations two years ago were; 1986 1987 Quality 6.75/5.00 7.75/5.50 Admiral 7.24/6.50 8.33/7.48 Waste Management 5.05/3.82 5.30/4.01 Asgard 6.67/4.34 7.34/4.77 The current quotations are; 1988 1989 Quality 8.75/8.75 no quote Admiral no quote due to cost of performance bond Waste Management 6.78/5.43 7.05/5.64 - Asgard 8.52/5.63 8.52/5.63 Two years ago the City sent out at least ten sets of specifications. The vendors listed above were all tae respondents. Alternatives 1. Accept Waste Management proposal. 2. Negotiate reduction with Waste Management. - 3. Pursue other quotation. 4. Pursue formal written quotations. 5. Pursue formal bids. Recommendation Alternative number 1. Action Re u t d Move to authorize proper City officials to enter into a contract for refuse removal services with Waste Management Inc. for 1988/89. TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Garbage Contract for 1988/89 DATE: October 30, 1987 Introduction The two year contract for refuse removal is up for renewal. Council authorized renegotiation of the current contract but also directed that other haulers be contacted for quotations. Background The past practice has been to get written quotations every four years and to renegotiate at the two year point. The current rate is $6.52/5.23 (regular/senior citizen pickup) . The proposed contract for 1988/90 is essentially unchanged. A rate survey conducted by Minneapolis and dated May 1, 1987 is available for review. An extract of 33 entries from that survey for weekly curb/alley service shows a cost varience from $6.03/mo. (Shakopee) to $11.00/mo. (four cities) with the average being $9.16. Waste Management has proposed a four percent increase for 1988 and four percent increase for 1989. The rate would be $6.78/5.43 for 1988 and $7.05/5.64 for 1989. The contract has a reopener clause if disposal rates increase by 258. The quotations two years ago were; 1986 1987 Quality 6.75/5.00 7.75/5.50 Admiral 7.24/6.50 8.33/7.48 Waste Management 5.05/3.82 5.30/4.01 Asgard 6.67/4.34 7.34/4.77 The current quotations are; 1988 1989 Quality (on table) Admiral no quote due to cost of performance bond Waste Management 6.78/5.43 7.05/5.64 Asgard (on table) - Two years ago the City sent out at least ten sets of specifications. The vendors listed above were all the respondents. Alternatives 1. Accept Waste Management proposal. 2. Negotiate reduction with Waste Management. 3. Pursue other quotation. 4. Pursue formal written quotations. 5. Pursue formal bids. Recommendation Alternative number 1. Action Requested Move to authorize proper City officials to enter into a contract for refuse removal services with Waste Management Inc. for 1988/89. icy , MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, Acting City Administrator RE: Closing for Minnesota Twins World Cham onship Day DATE: October 26, 1987 INTRODUCTION: Governor Perpich has declared Tuesday, October 27th as "Minnesota Twins World Championship Day" and ordered all non- essential state agencies to close at noon. He also encouraged all public and private businesses to do the same. BACKGROUND: After calling each Councilperson the concensus of Councilmembers was to also close the City offices at noon on Tuesday and permit all non-essential employees to take the day off using comp time or vacation time. RECOMMENDATION: It is recommended that a motion be placed on record authorizing the one-half day closing even though it is after the fact. ACTION REOUESTED: Authorize the closing of City offices on Tuesday, October 27, 1987, Minnesota Twins World Championship Day, beginning at 12:00 noon and that all non-essential employees may take the day off using their comp time or vacation time. CONS QNT n c MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk'/ RE: Contract with Municipal Orlance Codifiers for Upgrading City Code DATE: October 28, 1987 Introduction Our current contract with Municipal Ordinance Codifiers expires at the end of the year. Background - Municipal Ordinance Codifiers prepared the current City Code and have been under annual contracts for updating and annual revision conferences ever since. The attached proposal for 1988 contains a rate increase of $5.00 per hour (the first increase in four years) . Funds are budgeted in 1988 for the update of the City Code. Alternatives 1. Continue with annual updating with ordinances sent to the Codifier quarterly. 2. Regular updating every two years. 3. Unstructured periodic updating. Recommended Action Authorize appropriate City officials to enter into a 1988 contract with Municipal Ordinance Codifiers, Inc. at $90. 00 per hour for counsel, $50.00 per hour for Codifier, and $25.00 per hour for typing revision pages for updating the Shakopee City Code. JSC/jms 1988 MAINTENANCE PROPOSAL TO: THE CITY OF SHAKOPEE, MINNESOTA (City) FROM: MUNICIPAL ORDINANCE CODIFIERS, INC. (Revisor) 7400 Lyndale Avenue South Minneapolis, MN 55423 THE REVISOR HEREBY PROPOSES to revise, update and maintain the City Code of the City on a regular basis. Upon acceptance of this Proposal, the City and the Revisor agree, as follows: At a time agreeable to both the City and Revisor, the City shall forward to the Revisor all ordinances adopted during the preceding year. Thereafter, the City and Revisor shall hold a revision conference in the City for the purpose of reviewing City Code provisions affected by interim court decisions and legislative enactments. Revisor shall, as a result of such conference, prepare revision ordinances and submit them to the City for adoption. Copies of the revision ordinances, after adoption, shall be provided the Revisor and the Revisor shall prepare substitute Code pages ready for off-set printing by the City. The City shall provide Revisor with two copies of all substitute pages at no cost to Revisor. The City shall pay Revisor for such maintenance, billed semi- annually, at the following hourly rates: $90.00 - Counsel $50.00 - Codifier $25.00 - typing revision pages (No separate charge for typing ordinances prepared by Revisor) . This Maintenance Proposal encompasses the calendar year 1988. This Proposal expires forty-five (45) days after the date hereof unless previously accepted. MUNICIPAL ORDINANCE CODIFIERS, INC. AO - 47 Rodger ILA Jensen, Date Presid6xft and Counsel THE FOREGOING PROPOSAL is hereby accepted by the City this day of 1 19 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clermi� "" RE: On Sale Liquor License Minll Investment DATE: October 29, 1987 Introduction On October 20th, Council briefly discussed the City Code requirement of a minimum investment by an applicant requesting an On Sale Liquor License. This discussion followed Mr. Wampach' s mentioning that Paul of Pablo' s Mexican Restaurant had questioned him on the breakdown of the minimum investment. Background Mr. Wampach explained, at the Council meeting on October 20, 1987 , that he had been contacted by Paul from Pablo' s Mexican Restaurant and that Paul was considering expanding and that he is interested in obtaining an on Sale Liquor License. He is currently leasing space in the Huber Building. During the discussion the question arose on to how the minimum investment was handled for the initial license at Minnesota Valley Mall in 1976 for Akhavan Export-Import Corporation dba/West Point Restaurant and Lounge. The history of the minimum investment requirement is as follows: In 1969 the first ordinance was adopted establishing a minimum investment of $150,000 for an initial On Sale Liquor License (for fixtures and structure, exclusive of land. ) In 1978 the minimum investment was increased to $200,000. In 1984 the minimum investment was expanded to require $200,000 for a Class A license, $350 ,000 for a Class B license, and $2,000,000 for a Class C license with $200,000 of the investment being for the restaurant/lounge. On November 24, 1976 Council granted an initial On Sale Liquor License to Akhavan Export-Import Corporation dna/West Point Resturant/Lounge. Accept for the license, the records on this application have been disposed of (according to the City' s records retention schedule. ) The printed minutes granting this license do not address the minimum investment and how it was met. The tape recordings for Council meetings in August of 1976 can not be located. (They may have been used for litigation. ) However, my recollection is that the premises were leased by the applicant and that lease hold improvements were included in the investment requirements. I questioned the City Attorney on what his interpretration is on an investment in the premises for fixtures and structures exclusive of land. He stated that it could include lease hold improvements, but not rent; it could include permanent improvements ie: bar, light fixtures, kitchen equipment. It could not include: dishes, silverware, tables and chairs. I spoke with Paul this week and he was questioning how the minimum investment is calculated. He also stated that his current investment is probably around $90,000 and estimated an additional investment for expansion in the neighborhood of $30,000. If the reason for an investment by the applicant is to insure a nice facility, the increase for the last 19 years from $150,000 to $200,000 has not kept up with inflation. Should the figures be increased? If the reason for an investment by the applicant is to insure a nice facility, what does it matter whether or not the licensee owns or rents? If the reason for an investment by the applicant is to insure that the applicant has substantial financial interest in the business, the $200,000 figure as well as the figures for the Class B and Class C licenses, contained in the City Code are purely subjective and can be easily changed. Alternatives 1. Keep investment by applicant as stated in the City Code. 2. Change investment to include fixtures and structure owned by applicant and/or property owner. 3. Increase or decrease the minimum investment as contained in the City Code. Recommendation Determine whether or not the required investment by an applicant, as contained in the City Code, is the right amount to accomplish the reason for an investment: Class A - $200,000, Class B- 5350, 000, Class C - $2,000,000 with a minimum of $200,000 for restaurant/lounge area. and/or Determine whether or not the investment in fixtures and structure can be shared by the applicant and owner of the building, if different from the applicant. JSC/jms /D/r MEMO TO: John K. Anderson, City Administrator FROM: Ren Ashfeld, City Engineer Ar4— SUBJECT: Parking Restrictions by Senior High School DATE: November 2, 1987 INTRODUCTION: At their September 1 , 1987 meeting, Council directed staff to consider parking restrictions on Sommerville Street, Spencer Street, and 10th Avenue in the vicinity of the Senior High School. There was correspondence from two adjacent residents that there is substantial parking occurring on local streets by students of the High School. BACKGROUND: Engineering conducted an informal parking study to determine the magnitude of the problem. Attached is a copy of the results of the study indicating the number of parking spaces that were open within the school parking lot and the number of vehicles parked on the subject streets. The parking problem was brought to issue by Mr . Kenneth Bruesehoff and Mr. Donald Trutnau, both living on the 900 block of Sommerville. I spoke with both before undertaking the study. It was the intent of the study to determine if there is available spaces pnthin the the streethoolThe follow ng lot tcommentswdate referthe to thevehicles st studyparked that are not evidenced by the study fact sheet. 1. Mr. Virgil Mears indicated that there are a few visitor spaces as well as 10-15 spaces within the lot that are reserved for daily parking fee. 2. Mr Tratnau indicated that although there are excess spaces now, the spring time generates many additional vehicles and that typically the parking lot is full. 3 . The apparent reason for the generation of on-street parking by students is a new parking fee of $20 per quarter. 4. The actions of the school resulting in additional on street parking on local streets has encroached on the rights of the adjacent residents to enjoy full use of the street and parking in front of their houses. Parking Restrictions November 2, 1987 Page 2 Mr. Mears stated that it is the opinion of the school that a parking lot attendant is necessary and hence the parking fee to cover those costs. The adjacent residents have requested the City to take action to control the parking on local streets by students similar to the controls on Lewis Street between 9th and 10 Avenues. The south half of the 900 block of Lewis is regulated to 2 hour parking. Apparently this problem was anticipated by the school and Mr. Mears had discussed possible parking control actions with the Police Chief . It is anticipated that restricting non-resident parking for one block adjacent to the school would attract the vehicles to the parking lot. It was the consensus of Mears and Brownell to restrict parking on Sommerville, Spencer, and 10th Avenue to resident parking only. The Police Department would then enforce the restrictions based on resident complaints. This proposed action would be acceptable by the residents although I question whether it is appropriate to place signs for resident parking on 10th Avenue or the west side of Spencer south of 10th Avenue. I would prefer two hour parking in these areas. Anytime the City takes action to correct a problem, there are some associated costs. My following recommendations would result in the placement of approximately 10 signs at an estimated cost of $40 per sign resulting in an implementation cost of $400. As stated previously, enforcement of the restrictions would be on a complaint basis similar to Lewis Street . Chief Brownell indicated that the Police Department has not responded to any calls on Lewis and hence absorbed no costs as a result of those restrictions. RECOMMENDATION: I recommend that parking be restricted to residents only on the following streets: • Sommerville Street from 9th to 10th • East side of Spencer from 10th to the south I recommend two hour parking on the following streets: • 10th Avenue from Spencer to Holmes • West side of Spencer from 10th to the south Parking Restrictions November 2. 1987 �0 K- Page 3 REQUESTED ACTION: 1. Move to direct staff to restrict parking to residents only on the following streets: • Sommerville Street from 9th to 10th • East side of Spencer from 10th to the south 2. Move to direct staff to restrict parking to 2 hr. parking on the following streets: • 10th Avenue from Spencer to Holmes • West side of Spencer from 10th to the south KA/pmp PARKING CONS NT � C, MEMO TO: John E. Anderson, City Administrator FROM: Ren Ashfeld, City Engineer — SUBJECT: Permit for Right Turn Lane Intersection T.H. 169/101 DATE: October 27, 1987 INTRODUCTION S BACKGROUND: At their January 20, 1987 meeting, Council adopted Resolution No. 2679 thereby offering the use of the property located at T.H. 169/101 for a right turn lane. Attached is a temporary permit which provides for the use of the property by Mn/DOT. Note that the expiration date of December 30, 1992 is approximately one year after the projected opening of the new bridge/minibypass facility. This was intentional on the part of Mn/DOT to provide some cushion for timing. RECOMMENDATION: I recommend issuance of the permit to Mn/DOT. REQUESTED ACTION: Move to authorize the appropriate City Officials to execute the Temporary Permit to Construct a right turn lane on property located on Lot 1, Block 4 of Shakopee City Plat. EA/PMP PERMIT wow Resolution No. 2679 A Resolution of the City of Shakopee Requesting the Minnesota Department of Transportation to Provide for Roadway Improvements at the Intersection of Trunk Highway 169 and Trunk Highway 101 Within the City of Shakopee WHEREAS, traffic congestion and unsafe conditions exist at the intersection of Trunk Highway (TH) 169 and TH 101 within the City of Shakopee, and WHEREAS, the City of Shakopee owns property upon which improvements can be constructed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: _ 1 . The Minnesota Department of Transportation is hereby requested to study possible improvements to the intersection of TH 169 and TH 101 and provide for the construction of improvements at the earliest possible date. 2. The City of Shakopee hereby agrees to grant a temporary roadway easement to the State of Minnesota for construction of improvements in the northeast ouadrant of the intersection of TH 169 and TH 101 , said temporary easement to terminate upon completion of the proposed new TH 169 Minnesota River crossing and associated roadway improvements. Adopted January 2 ' 987 . Mayor of the City o. S akopee ATT-ST : City Clerk Approv<_d ` o form is a e day of Qr ' 087 . City ' - - rney 16L STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION TEMPORARY PERMIT TO CONSTRUCT S.P. 7005 TH 101 County of Scott Location: Jct. of TH 101 and TH 169 in Shakopee WHEREAS, the State of Minnesota, by its Commissioner of Transportation, established and designated the route of Trunk Highway 101 in Scott County, Minnesota; and, WHEREAS, it is necessary that the Minnesota Department of Transportation use for construction of a right turn lane that tract of land situated in Scott County, Minnesota, described as follows: That part located in Lot 1, Block 4, Business Block located in the Northern one half of Section 1, Township 115, Range 23, as shown in red on the attached Exhibit "A". WHEREAS, it is the full understanding of the City of Shakopee having an interest in the tract of land indicated on Exhibit "A", that: they have been fully informed that they are not required to surrender possession of real property, and that they shall agree in writing, as evidenced by this instrument, to give the Minnesota Department of Transportation an immediate right of entry and use of described land until the date of December 30, 1992. WHEREAS, the Minnesota Department of Transportation agrees to have the described area maintained in a neat and orderly fashion during the construction of said right turn lane; and, WHEREAS, it is necessary that the construction of the right turn lane be commenced as soon as possible and completed without interruption: NOW, THEREFORE, the City of Shakopee hereby grants to the Minnesota Department of Transportgion the right to enter upon said premises and to perform construction work, and use said property until the expiration date of this document, December 30, 1992. DATED: 1967 CITY OF SHAKOPEE ATTEST: City Clerk Mavor iJM MEMO TO: John R. Anderson, City Administrator FROM: Ren Ashfeld, City Engineer A61-- lf SUBJECT: Reimbursement for Construction Cost Eagle Creek 1st Addition DATE: October 21, 1987 INTRODUCTION: Inca Development is now asking for reimbursement of utility crossing work on C.R. 16 as a result of Council action on June 10 , 1986 ( see attached October 5 , 1987 memo from Inca Development) . BACKGROUND: Attached are the various staff reports concerning the issue of cost responsibilities for utilities crossing C.R. 16. . As you may recall, staff and Council struggled with this issue due to the absence of documentation of verbal agreements between the City and developer . Also attached are the minutes of the final decision of Council. After Council action on June 10, 1986 , Mr Laurent indicated that he was not satisfied with the decision and intended to present an alternate proposal . Since then, Eagle Creek Junction Second Addition has been platted with still no determination of the number of utility crossings needed. Apparently, Mr . Laurent is now asking for reimbursement for the one utility crossing and will deal with the others at a later date. The amount being requested, based upon Council action, is 78.808 of $13,323.64 or; .788 x $13,323.64 = $10,499.03 I have reviewed the unit prices for the work completed and they appear reasonable. RECOMMENDATION: I recommend approval of payment to Inca Development in the amount of $10,499 .03 , as per June 10, 1986 Council action as payment on one of a maximum of four water and sewer crossings of C.R. 16 to the Eagle Creek Junction plats, and that these funds be taken from the original project fund. Eagle Creek 1st Addition October 21, 1987 Page 2 REQUESTED ACTION: Move to approve payment to Inca Development in the amount of $10,499.03, as per June 10, 1986 Council action as payment on one of a maximum of four water and sewer crossings of C.R. 16 to the Eagle Creek Junction plats, and that these funds be taken from the original project fund. KA/pmp EAGLECREER NNWWESTWOOD PLANNING & ENGINEERING COMPANY October 6, 1987 Mr. Gary Laurent Laurent Development 128 So. Fuller Street Shakopee, MN 55379 RE: C.R. 16 Utility Crossing Eagle creek Junction Dear Gary: At your request I have prepaired the following costs based on the final contract quantities and unit prices for extending sanitary sewer and watermain across C.R. 16 to the right of way line for service to Round House Circle. The costs include restoration of the existing road and 15% Engineering to cover design, construction survey staking, inspection, and administration. The rock excavation quantity was based on sanitary sewer construction only, although ther- was some rock excavation for the watermain within the plat area. Also attached is a copy of the final estimate to Kirkwold Construction which should be forwarded to the City along with a copy of this letter. A breakdown of costs follows: Sanitary Sewer Unit Price Quantity Total 1. 8" D.I.P. 8-10' L.F. 23.60 68 $ 1,604.80 2. Construct drop m.h. over existing R" O. I.P. including 4' drop EACH 2,850.00 1 2,850.00 3. Extra Manhole Build V.F. 68.00 0.74 50,32 4, Rock Excavation L.F. 30.80 68 2,094.40 Hatermain 1. 6" D.I.P. L.F. 18.25 65 $ 1 ,186.25 2. 12x6 tapping valve and slegve EACH 1.300.00 1 1,300.00 3. Street restoration - & shoulder repair L.S. 2,500.n0 I 2,500.n0 $ 11,585.77 Total Construction Cost 15% Engineering, Admin $ 1,737.87 TOTAL PROJECT COST $ 13,323.64 8505 ETU NBPOOK CNOSSIN4 BPOOFLYN PARR.MINNESOTA 551<l I6 VI<N-B65}IBUMn-0N-, 7415 WAYZATA BOULEVARD,ST.LOUIS PAW.MINNESOTA 5510610@I 516.0155 INCA DEVELOPMENT the Laurent Building 128 South Fuller Street Shakopee, Minnesota 55379 (612) 445-6745 fo -v MEMORANDUM TO: Mr. Pen Ashfeld, P.E . City Engineer City of Shakopee FROM: Gary Laurent DATE: October 5 , 1987 RE : Utility Crossing Reimbursement Pursuant to Council ' s action of June 10 , 1986 , we hereby request reimbursement of a portion of the costs for utility crossings of County Road 16 . It is our understanding the City is to participate in 78. 808 of the cost of each crossing no to a maximum of four crossings. To date one of these crossings (Eagle Creek Junction 1st Addition) has been completed at a cost of $13 ,323. 64. Enclosed is documentation to support this figure . Please initiate the appropriate steps so that the reimburse- ment for this crossing can be made. Thank you for your assistance. If you have any questions, please do not hesitate to call . p TK/ Sincerely, WESTWOOD PLANNING,& EN.INEERING COMPANY Keith H. Melskn, P.E. Vice President KHN:ls APPLICATION FOR PAYMENT NO. 3 (final) PROJECT EAGLE CREEK JUNCTION 2nd OWNER INCA DEVELOPMENT COMPANY OWNER's Project No. ......................... ENGINEER's Project ........ CONTRACTORKIRKWOLD CONSTRUCTION ....................................... .. . ........................... ...... ... . Contract For .... UCilitles............................ Contract Date ................... ... Se Ember 20, 1986 For Work accomplished through the date of......�...............................1........ . . . STATEMENT OF WORK Original Contract Amount S . 104,6 j§,25 Work To Date S93.JJ9:09,, , Net Change Orders S ......: Amount Retained ( 0 %) 5 0:00 104 696._'5 a 94 Current Contract Amount 5 .....:....... Subtotal 5 ..:...310.09..... . Previous Payments Recommended 5 ,7,(;,08,9,.5 Amount Due This Payment $ CONTRACTOR's Certification: Th. una.•Clpnea CONTRACTOR e.rtm.. that Ill an ...deco. p•np.... .CT-.at. I...load Inc. Oween a ..Agent at .erC done under In. contract ..4r..te.eeo h... be.. .ppR.d 1e clean.... Irish all eellpulen. el CONTRACTOR fine ned In ..U. Im Work covered by prior Application. ler Payment numb*red 1 through� Inelu.b.: drag (2) HIPP le all mebtl.b and ...lament ince•penl.. In cold Werk or eIn.—$.. Ruled Ina rad by this Application ler payment mill pus to OWNER at em. et ..,mart If as .rd C.or .1 .II lana claim. • .urltT Interests and encumbrance. ( accept such co Covered by Bend acpaptabb to OWNER ). Deed KIRKWOLD CONSTRUCTION CONTRACTOR .I By / ENGINEER'S R.cammandatlon: This Application (With sec ompanylne d.bum.n fallen) meats the requirements of the Contract Documents and payment of the AD... AMOUNT DUE THIS APPLICATION Is 1..pm m.ndad. Dated /r'/ X17—2 ts_ _ Westwood Planning & Engineering Company ENEINEER By / /. By r f PROJECT NO. 28-565 APP'L. FOR PMT. NO. t 3rd and DATE : Seotaa r 20, 1956 PROJECT Eagle Cre_k Junction 2nd :TEM UNIT CONTRACT SCHEDULE WORK COMPLETED NO . CONTRACT ITEM , UNIT PRICE Quantity Amount Quantity Amount SANITARY SEWER 1. 8" D.I.P. 0-8" L.F. 23.35 0.0 0.00 9:00 0.00 2. 8" D.Z.P. 8'-10' L.F. 23.60 619.0 14608.40 601.00 14183.60 3. Std. Manhole 0-8' EACH 950.00 2.0 1900.00 2.00 1900.00 4. Extra Manhole build V.F. 68.00 5.0 340.00 2.38 161.84 5. Construct drop manhole over EACH 2850.00 1.0 2850.00 1.00 2850.00 existing 8"" D.I.P. 0-8" incl 4 V.F. of drop 6. 8"" x 6" Wye EACH 145.00 6.0 270.00 6.00 870.00 7. 6"" CIS? 1/8 bends EACH 9.75 6.0 58.50 6.00 58.50 9. 6" CZSP Service L.F. 11.25 310.0 3487.50 290.00 3262.50 9. Rock excavation for sewer and L.F. 30.80 1000.0 30800.00. 681.00 20974.80 wacermain installation Subtotal Sanitary Sewer 54314.40 4;261.74 WATER`fAIN `6" D.I.P. L.F. 18.25 638.0 11643.50 622.00 11351.50 .. 6"" G.V. EACH 320.50 1.0 320.50 2.00 641.00 .. Hydrant -/auxiliary valve EACH 1278.50 1.0 1278.50 2.00 2557.00 12" x 6"" tapping valve and EACH 1300.00 1.0 L300.00 1.00 1300.00 sleeve installed t rings LBS. 1.20 220.0 264.00 209.00 250.80 1-1/2" x 1-1/2" Corp. EACH 152.50 6.0 915.00 6.00 915.00 1-1/2" Curb Stop w/Box EACH 102.00 6.0 612.00 6.00 612.00 1-1/2"" Copper L.F. 8.75 304.0 2660.00 282.00 2467.50 PROJECT NO. : 28-565 APP'L. FOR PMT. NO. : 3rd and final DATE : Setember 20, 1986 PROJECT : Eagle Creek Junction 2nd ITEM UNIT CONTRACT SCHEDULE WORK COMPLETED NO . CONTRACT ITEM UNIT PRICE Quantity Amount Quantity Amount 9. 6" Plug, Installed EACH 40.00 1.0 40.00 1.00 40.00 L0. Street d shoulder restoration on Co. Rd. 16 for sewer and water crossing L.S. 2500.00 1.0 2500.00 1.00 2500.00 Subtotal Watermain 21533.;O 22634.80 STORM SEWER 1. 18" R.C.P. G.F. 21.45 72.0 1544.40 72.00 1544.40 2. 18" R.C. Apron EACH 260.70 2.0 521.40 2.00 521.4C Subtotal Storm Sewer 2065.80 2065.80 STREETS 1. Subgrade Prep. S.Y. 0.55 2826.0 1554.30 2691.00 1480.05 (0.5' back of curb) 2. 1-1/2" 2341 Wear Course S.Y. 2.50 2416.0 6040.00 2301.00 5752.50 3. 1-1/2" 2331 Base Course S.Y. 2.35 2416.0 5677.60 2301.00 5407 .--- 4. 6" Class V Agg. Base S.Y. 2.70 2416.0 6523.20 2301.00 - 6212.70 (100% Crushed) 5. B-618 Curb S Gutter L.F. 5.30 36.0 190.80 0.00 0.00 6. Surmountable Curb S Gutter L.F. 4.25 1030.0 4377.50 1026.00 4360.50 7. Bituminous Curb L.F. 4.25 84.0 357.00 60.00 255.00 8. Adjust Manhole EACH 133.00 3.0 399.00 3.00 399.00 9. Adjust Gate Valve EACH 106.00 3.0 318.00 3.00 318.00 L0. Equipment Rental . (Attach Rate Schedule) HOUR ALLOW 1000.00 500.00 FORD B.H. INSTALL HYD. S LABOR 71. Cleaning Streets prior to wear course L.S. 318.00 1.0 318.00 1.00 318.00 � � r PROJECT NJ. : 26-565 APP'L. FOR PMT. NO. : 3rd and final DATE : Seotember 20, 1986 D fil' PROJECT Eagle Creek Junction 2nd :TEhI UNIT CONTRACT SCHEDULE WORK COMPLETED NO . CONTRACT ITEh1 UNIT PRICE IQuantilyl Amount Quantityl Amount Tack coat S.Y. 0.15 181.0 27 .15 2301.00 345.15 (.075 gal. per S.Y.) Subtotal Streets 26782.55 25348.25 Total - Sanitary Sewer, Watermain, Storm Sewer and St eets 104696.25 94310.09 Shakopee City Council June 10, 1986 Page -3- Vierling/Leroux moved to receive and place on file the memo regarding amending the City Code to Allow Mobile Homes in Ag District. Motion carried unanimously. Leroux/Vierling moved to open public hearing on Appeal by Edward Colmer of decision of the Planning Commission denying Conditional Use Permit #450, a helicopter ride business. Motion carried unanimously. The City Planner explained that staff has received many letters from local residents in opposition to the granting of conditional use permits for helicopter services within the City limits. The Fish and Wildlife Service has purchased from the developer of the Prairie House 1st Addition the property where the proposed helicopter business is to operate. Mr. Colmer, the applicant addressed the Council by saying he wished to withdraw his application, because with the sale of property to the Fish and Wildlife 1 Service, his property no longer has public access. Colligan/Lebens moved to close the public hearing. Motion carried unanimously. Leroux/Colligan moved to accept Mr. Colmar's withdrawal of an application for a conditional use permit for a helicopter ride business. Motion carried unanimously. Discussion ansued on Eagle Creek Junction's installations of the lateral crossings. Ren Ashfeld, City Engineer, stated that a possible compromise might be in order based on judgment of the mutual agreement between Gary Laurent and Bo Spurrier, previous City Engineer, to delay the installation of the laterals. Leroux/Vierling moved to direct the appropriate Ctiy officials to enter into a developers agreement with Laurent Builders, Inc. whereby the City will participate in 78.80% of the cost of one water and sewer lateral crossing of Eagle Creek Boulevard to the proposed Eagle Creek Junction Plat and 78.80% of the future cost of a maximum additional three sewer and water lateral crossing of Eagle Creek Boulevard to the remaining Laurent Builders, Inc. property, cost of such participation to be taken from the Special Assessment Fund. Roll Call: Aves: unanimous Noes: None Motion carried. Colligan/Leroux-moved to direct staff to inform Mr. Howard Schmitt that the City will participate in 84.14% of the future cost of a sewer service crossing of Eagle Creek Boulevard, cost of such participation to be taken from the Special Assessment Fund. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/War_pach moved to have a maaorandum directed from the Council and staff to the owner of Arnie's Friendly Folks Club stating that his premises do not meet the criteria for liquor license at this time and that no license will be issueduntil such time as .t does meet that criteria. Motion carried unanimously. MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer /21Y ` SUBJECT: Eagle Creek Junction DATE: June 5, 1986 INTRDDUCTION: The attached May 29, 1986 memorandum regarding Eagle Creek Junc- tion addressed various issues relative to the assessment of benefited properties resulting from the County Road 16 utilities project. BACKGROUND: The following is a summary of costs presented : Current Project Cost $208, 006. 16 Future Lateral Cost (Laurent ) 4 46, 343. 00 Future Service Cost (Schmitt) $ 3. 600. 00 Total Future Project Cost $257, 949. 16 Total Amount Assessed $236, 500. 86 Laurent Schmitt Total Project Cost Assessment 4118, 138. 10 46, 875. 84 Current Assessment Amount 4108. 315. 00 46. 304. 86 Total Project Cost Adjustment s 9, 823. 10 4 570. 98 Cost from Project Fund 436, 519. 90 43, 029. 02 Property Owner Cost (percentage) 221. 20%. 15. 86% Project Fund Cost (percentage) 78. 80% 84. 14% Bo Spurrier did indicate to me that the installation of the lateral crossings to the Laurent property was discussed at the time the assessments were calculated and the assessment role developed. It was agreed that the cost should be part of the project, but due to the unknown location of the lateral cros- sings, it was mutually agreed to by Laurent and So to install the crossings at some future date. It was felt that the fund had adequate dollars in the future to fund this work. ALTERNATIVES: Various alternatives were presented in the May 29, 1986 memo. Eagle Creek Junction rn/ June 5, 198E page RECOMMENDATION: Since the mutual decision to delay installation of the laterals may have increased the estimated future cost of laterals above that of the theoretical fund balance and since the future costs at this point are an estimate (except for one crossing) , I recom- mend a participation of the future cost as presented in the preceeding cost summary. REQUESTED FICTION: 1. Move to direct the appropriate City Officials to enter into a developers agreement with Laurent Builders, Inc. whereby the City will participate in 78. 82% of the cost of one water and sewer lateral crossing of Eagle Creek Boulevard to the proposed Eagle Creek Junction plat and 78. 82% of the future cost of a maximum additional three sewer and water lateral crossings of Eagle Creek Boulevard to the remaining Laurent Builders, Inc. property, cost of such participation to be taken from the Special Assess- ment Fund. ^c. Move to direct staff to inform Mr. Howard Schmitt that the City will participate in 84. 14% of the future cost of a sewer service crossing of Eagle Creek Boulevard, cost of such participation to be taken from the Special Assess- ment Fund. KR/pmp MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Eagle Creek Junction DATE: May 29, 1966 INTRODUCTION: At the May 20, 1986 repular meeting, Council discussed a request from Laurent Builders to install sewer and water lateral con- nections across Eagle Creek Boulevard (CSAH 16) . Council di- rected staff to return with information that answers the fol- lowing questions: 1. What amount was assessed? 2. What were the actual cost breakdowns, i. e. , litigation, right-of-way, etc. ? 3. How has litigation costs been handled in the pest as it relates to assessable project cost? 4. How do other Cities handle assessments for utilities paralleling one side of a road but assessed to prop- erties on both sides? BACKGROUND: I have researched available information in an attempt to answer the questions presented. _. Total amount assessed was x23E, 500. e6. -. The following is a cost breakdown based upon my inter- p^station of each expenditure for the project. I did have to make some assumptions, based upon time frames, as to what was normal legal, ao•-inisration, and encineering costs and wnas costs were attriputed to lir Dation of right-of-way, construction claims and assessments. Construction x139, 567. 73 Ra=nt-of-Way s 17, 300. 00 L=cal & Administration s 12, 796. 99 Engineering s 21, 753. 21 Bonding & Fiscal s 6, 671. 24 Lit_oation s 5. 694. 93 TOTAL PROJECT COST 5206, 006. '_6 Eagle Creek Junction may 29, 1986 Rape c Difference between actual project cost and assessed cost is s2B, 494. 70 Z. Based upon past practices of assessing litigation costs, I could not substantiate a firm policy regarding apportionment of assessed costs. Typically right-of- way costs and associated appraisals and legal costs are considered project costs since this is determined in advance of project implementation. I would not say that this is a firm policy though. Staff is not familiar with a policy providing for amending assess- ments due to legal costs associated with assessment appeals. 4. I did speak with neighboring communities or. methods of assessing utilities parallel to a roadway serving benefit to properties on both sides of the roadway. The following is a summary of assessment criteria: a. Differing rates for each side of the roadway is impractical and difficult at best to substan- tiate consistency of assessment procedures. b. Laterals (or services in the case of single lot development) are installed originally with the trunk based on one service per lot or once lateral per parcel or plan ed street. C. If laterals or services are not installed with the trunk, cost of proposed future laterals and services are assessed over project area. In the case of one neiphooring community, services were not installed nor future costs a=_se=_se=. The community was prepared to install services, since all properties were assessed equally but a chanoe of land use preempted this action. Alternatives: In analyzing possible alternatives, the following questions should be answered. a. Is benefit approximately equal or consistent over all assessed properties? b. Since the period for contesting assessment is 'long past, does this preclude fort nsr actions? Eagle Creek Junction May 29, 1966 page 3 C. Since the City did riot formally act or, previous staff actions, are previous actions invalid? The following are possible alternatives: 1. DO Nothing. Z. Agree to install four water and sewer lateral crossings as requested. • Negotiate a compromise. A. Install requested crossings and re-assess the original project area. If the asnwer to the above questions is yes there alternative 1 would be appropriate. If the answer is no, then alternative 2 or 3 would be appropriate. To implement alternative 4, the City would have difficulty proving benefit to properties on the north side of Eagle Creek Boulevard. RECOMMENDATION: If Council agrees to install four crossings for Eagle Creek Junction, I recommend that a service also be installed to the Howard Schmitt property, thereby, providing total equity. The cost of this action, as stated in a orevious memo, would be approximately 646, 343. 00 * _3, 600. 00 totaling $49, 943. 00. Since 528, 494. 70 theoretically remains in the fund balancs, approxi- mately 521, 448. 30 would require outside funtinp. If COuncil believes That all fund tests should be project cos and assessed appropriately, I recommend the following compromise. project Cost to Date s20=, 005. 16 Requested Crossing Cgs (Acproximately) 5 49• g4>. 00 Total Future =•reject COST $257, 949. 16 Laurent Builders assessment res Pcnsibility based on Future Pro- ject Cost . . . . . 8118, 138. 10. Current assessment amount filed on grcmerty owned by Laurent Builders . . . . 8108, 315. 00. p it Tonal assessed cost to Laurent Builders if a_' costs are Project costs . . . . sS, q_3. 10. Howard Scnmitt assessment responsibility based on Future pro LOST . . . . $L, 67--. 6- JeCt Eagle Creek Junction May 23, 138E Page 4 Current assessment amount filed On property owned by Howard Schmitt . . . . £6, 304. 86. Additional assessed cost to Howard Schmitt if all costs are project costs . . . . £570. 98. In summary, the aforestated compromise would provide for the fund balance to pay a portion of future project cost (78. 80 % in the case of Laurent & 04. 14% in the case of Schmitt) and each property owner pay a portion of future project cost (21. 20% in the case of Laurent & 15. 06% in the case of Schmitt) . RECOMMENDED ACTION: Council to consider alternatives and recommendations and provide direction to staff as to desired actions. Y.A/pmp =CJ MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Eagle Creek Junction DATE: May 15, 1986 INTRODUCTION: At the May 6, 1986 Council meeting, the subject of sanitary sewer lateral improvements to the Eagle Creek Junction plat was discussed. The Council directed me to research information regarding service to the Howard Schmitt property. BACKGROUND: The attached sketch of Benefitted Areas indicate those properties receiving a trunk assessment and those that received a lateral assessment. Mr. Gary Laurent has requested that the City provide lateral crossings of Eagle Creek Boulevard (4 crossin_ns in total but only one at this time to Eagle Creek Junction) since the Trunk is on the north side of the road and the properties on the south side of the road do not have equal lateral access. As directed, we have researched the following information: 1. Lateral and trunk assessments, on a unit basis, were equal on the north and south side of the road. 2. In researching Council action relative to the Schmitt property, we found a general discussion of costs but no action. -ne property is not currently served. Bo- Spurrier incicated to me that Schmitt was not re- quired to nook up to the sewer due to the financial hardship of the construction cost. Schmitt told me tnat he understood that the City would install the crossing of Eaple Creek Boulevard. Obviously, tnis issue is not resolved. 3. Do indicatec that the lateral cressinps were not out in with the project cue to _.t ication with the con- tractor and Tne uncertainty of lateral crossing loca- tions. Apparently, Tne crossings, . the time, were considered as part of the project, althougn not in- _tiz L` y pars of the contract. S. The -oje^ was assessed before completion of the project oased upon estimated costs. Tne Total amount assessed was 5230, SP.2. 85. Tne costs incurred by anis prefect, inclucir.p all ccs s asscccatec with t.^.e con- tractor Eagle Creek Junction /Q May 15, 1986 paoe c litigation and assessment litigation, is approximately %20£, 000. 00. This total cost difference of approxi- mately $28, 500. 00 compares to a construct ior. and en- j gineering cost difference of approximately $49, 500. 00. SUMMARY: Laurent is asking for 4 crossings of Eagle Creek Boulevard (sewer and water) . He has a firm bid price of Sli, 585.77 for one cros- sing. If all four are the same price, the total cost of four crossings is $46, 343. 00. Since, if this request is granted, I would expect Schmitt to claim equal treatment. The Schmitt property has water available at the northeast corner of the property, therefore, sewer is all that is necessary in a crossing to provide access. I estimate the cost of a sewer crossing at approximately $3, 600. 00. ALTERNATIVES: 1. City agree to provide crossirigs as requested for Laur- ent. 2. City agree to provide crossings to the Laurent proper- ties and Schmitt properties. ,,. City does not agree to provide any additional lateral crossings. 4. City agree to some form of compromise. R=COMM=NDATIDN: It a--Dears there is inequity of access between the properties on the norm side and south s de of Eagle C-eek Boulevard, but selcom do assessments provide total equity among all grcoerties. was deemed eauitable that laserals should be i-s_a'_ied, Inose laterals should nave peen constructed with the project and all cost assessed. 1f one looks a+. .he project fund balance, there were funds avail- able for thesecrossings prior to litigation. Currently, there are no funos ava>lacle for all the requested crossings. If Council agrees that 14.igation costs are project costs, 1 cannot recommend full finangino of these cross-sings by the Ci-y since amDroximateiy s2£, 500. 00 - (%46, 343. 00 r 53, 600. 00) $21,443. 00 would be required from General Funds. Eagle Creek Junction May 15, 1986 pave 3 If Council agrees that litigation, cost is beyond that assessed project cost, then there is, theoretically, tlollaof of assessed for these crossings. As a caveat, when analyzing the fund balance One must keep in mind that the fund is currently in debt due to delinquent pay- ments of assessments. REQUESTED ACTION: Direction from Council to staff as to the manner in which to handle the request from Gary Laurent and perhaps subsequent requests from Howard Schmitt for lateral utility crossings of Eagle Creek boulevard. KA/pmp ECJ �r 0 f r MAP, . 17 r ' _ g Fy+ E .tsar � w .. E E H �` apCF y , - R { I ^� e z Coy ' MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Procedure for Seeking Quotes or Proposals DATE: October 21, 1987 Introduction The City recently bid a $50,000 heating/cooling system for the Police/Public Works building and we only received one bid. City Council asked us to review our advertising policies to see if procedures could be implemented that would reduce the likelihood of our receiving a single bid. Background The attached procedures for seeking quotes on proposals was reviewed by department heads at our October 21, 1987 staff meeting. We discussed these procedures and the potential need li for modifying them to insure that we receive more than one bid for most of our projects. Department heads discussed several alternatives that included: (1) use of trade publications, (2) use of a vendor' s list (copy of vendor' s list application form from Coon Rapids attached) , (3 ) _ simply sending additional notices to individual bidders on an "as need" basis, and ( 4) increasing the number of newspapers we advertise in. After discussing these alternatives department heads felt that it was unnecessary to establish cumbersome procedures for a policy that has worked quite well for many years. What was clarified is that department heads were responsible, under Item No. 4 in the established procedures, for contacting vendors when it is clear that they have had only one request for bid specifications (or proposals) five days before the bid opening. There was a strong consensus that by adding this step to all bidding, secretaries can notify department heads when there is a lack of response five days before the opening, and department heads can contact vendors directly to ask why they haven't responded. This approach permits flexability that is needed for the wide range of bidding circumstances we experience. This allows the Engineering Department to continue using trade publications which have worked extremely well for them, and the Police Department to deal with securing qualified local towing contractors from an extremely small pool of possible vendors. Recommendation As an alternative to regularly contacting vendors or establishing a vendor's list department heads are restating their commitment to use the June 10, 1982 procedures and in particular section No. 4. Action Requested Pass a motion reaffirming the "procedures for seeking quotes or proposals" as outlined in the City Administrator' s memo of June 10, 1982 emphasizing the need to monitor the request for bids (proposals) so that action can be taken prior to the bid opening if the City has received only one request for bid specifications. JKA/jms -. NV .V: Y—, : ueparLmenq nears J. FROM: John K. Anderson, City Administrator RE: Procedures for Seeking Quotes or Proposals �p 7ti DATE: June 10 , 1982 S.O.P. for purchase of miscellaneous equipment , maintenance work, purchase of government building equipment and equipment parts . 1 . The City shall. publish a notice (regular notice or legal notice ) in the local newspaper requesting all interested parties to provide quotes on any part of , or all work required by the City or piece of equipment . The notice can be supplemented by a mailing to all local suppliers . 2 . Information regarding work to be' complet cd or equipment to be purchased will be available at City Hall , 129 East 1st Avenue , Shakooee , MN. (Contact appropriate department head. ) Proposal or quote information will be written down and be the same for all potential suppliers . It will briefly identify the needed equipment or work, any special conditions , and the date , time ' and place of opening of the proposals and anyone can attend. 4. In the event that two or fewer suppliers or contractors have responded within five days of the date for opening, all known local contractors or suppliers in the effected trade will be recontacted by phone. 5. After the opening of quotes or proposals for items under $2000 a purchase order or contract will be executed. Quotes and nro- posals over $2000 require Council aporova'_ . Two persons shall be present at the opening.- JKA/jms > C O O N � CITY OF COON RAPIDS tL:)RAPID,S PURCHASING DEPARTMENT Nqa 1313 Coon Rapids Boulevard • Coon Rapids, MN 55433 • (612) 780-6443 VENDOR'S LIST APPLICATION New Application Add Commodities Federal I.D.#or Social Security#: Dare: Name and/or Address Change Delete Commodities 1. Applicant's Name and Mailing Address for Bidding Forms and 2. Mailing Address for Payments(If different from Item 1)'. Purchase Orders: 1 Type of Organization(Check One): 4. How Lang in Present Business: Indivitlual Patnershp � Non-Profit Orgardvtion Corporation,Incorporated Under Laws of the State of: FBnority Owned If a Corporation or Partnership,please complete REVERSE SIDE of form: S. Persons Authorized to Sign Bids,Offers and Contacts(Indicate if Agent): Name Official Capacity Telephone#(Include Area Code) 6. Persons to Contact on Bids or Quotes: Name Official Capacity Telephone# (Include Area Code) 7. Type of Business: Manufacturer Factory Representative molesale Dealer Retail Dealer ns Cotruction: El Uoffinnd Contramor L] Limited Contractor Service Establishment—Define: Fuji rDefine: 1 hereby certify that information supplied herein is correct. Print or Type Name and Title Signature Date Recd. Item Mailed Item Recd. I Date Ent. Vendor# Name Key 1 12 TT- 107-40 12/85 8. Corporations and Partnerships-Please supply the following information. President- Secretary- VucPresidmt- Treasurer- Owners or partners- Affiliating of Applicant(Names,locations and nature of affiliation)- GENERAL INFORMATION Persons or concerns interested in being added to the City of Coon Rapids vendor's mailing list must file this application with the Purchasing Department. Upon receipt of this form, the Purchasing Department will send a detailed item list for each commodity cate- gory selected. The supplier must indicate the sricific items it can supply and return these lists to the City of Coon Rapids Purchasing Department. After placement on the bidders mailing list, a supplier's failure to respond (submission of bid, or notice in writing that you are unable to bid on a particular transaction but wish to remain on the active bidder's mailing list for that particular item) to Invitations for Bids,Requests for Proposals or Requests for Quotations will be under- stood by the City of Coon Rapids to indicate lack of interest and concurrence in the removal of the supplier's name from the bidder's mailing list for the items concerned. Please notify the City of Coon Rapids Purchasing Department immediately of any changes. This includes change of name, address or telephone number, changes in personnel listed on this application,and addition or deletion of items you are interested in providing. DEFINITIONS RELATED TO ITEM 8: Owners: Those persons or concerns having a financial interest of five percent(5%)or greater. Affiliates: Business concerns we affiliates of each other when either directly or indirectly (a)one concern controls or has the power to control the other, or(b)a third party controls or has the power to control both.In determining whether concerns are independently owned and operated and whether or not affiliation exists,con- sideration is given to all appropriate factors including common ownership,common management,and contractual relationship. COMMODITY LIST 0 Please place a cheekmark (V) by the items you are interested in supplying. _005 Abrasives _265 Draperies,Curtains and Upholstery Mao rial(Including _010 Acoustical Tile,Insulating Materials and Supplies Automobile) 015 Addressing.Copying.Mimeograph,and Spirit t 270 Drugs,PeuhtaircmUautt)u cis and Biologicals(For Human Maclure Supplies: Chemicals,Inks,Paper,Etc. _271 Drugs,Pharmaceuticals,and Sets(For large-Volume 020 Agricultural Implements and Accessorius Parenteral Administration,Infusion,Irrigation,and 022 Agricultural Major Implement and Accessory Parts Tube Feeding) _025 Air Compressors and Accessories —280 Electrical Cables and Wises(Not Electronic) _031 Air Conditioning,Heating,and Ventihong: Equipment, _285 Electrical Equipment and Supplies(Except Cable and Wire) Parts and Accessories(See Related Iters in Class 740) _287 Electronic Components,Requirement Puts,and Accessories: —045 Appliances and Equipment,Household Type and Miscellaneous Electronic Equipment(Not for Testing or 050 Art Equipment and Supplies ArWyzing-See Class 730) 052 Art Objects —290 Energy Collecting Equipment and Accessories: Soler and Wind _055 Automobile antl Truck Accessories _300 Embossing and Engraving 060 Automobile and Truck Maintenance Items and Replaremem _305 Engineering Equipment,Surveying Equipment,Drawing Parts Instruments,and Supplies 065 Automobile Bodies and Special Body Accessories for Trucks 310 Envelopes,Plain or Printed (ExceptExcept School Buses) _ 070 Automotive Major Transportation Equipment —315 Epoxy Based Formulations s-See lass 6 (For 1{omponent Off-Modified Epoxy Coatings-See Class 630) —075 Automotive Shop Equipment and Supplies _320 Fasteners.Fastening Devices,Package Stitching,Snapping, 080 Badges and Other Identification Equipment and Supplies and Tying Equipment and Supplies 085 Bags,Bagging,Ties,and Erosion Control Equipment _330 Fencing 100 Bauch,Drumm,Kegs,and Containers _ 335 Fertilizers and Soil Conditioners _105 Bearings(Except Wheel Bearings and Seals-See Class 060) _ 340 Fire Protection Equipment and Supplies 110 Belts and Belting: Conveyor,Elevator,Power Tasmission, _ 345 First Aid and Safety Equipment and Supplies(Except Nucleus and V-Belts and Welding) 11S Biochemicals.Research _350 Flap,Flag Poles.Banners and Accessories _ 120 Boats,Motors.and Marine and Wildlife Supplies _360 Floor Coverinc.Floor Covering Installation and Removal 125 Bookbinding Supplies Equipment,and Supplies 135 Bricks and Other Gay Products,Refractory Materials,and _365 Floor Maintenance Machines.Parts and Accessories Shone Products —395 Forms.Continuous(Computer Paper)and Snap-Out;and 140 Broom,Brush,and Mop Manufacturing Machinery and Supplies Binders 145 Brushes(Not Otherwise , Cifird) —400 Foundry Gsungs,Equipment,and Supplies:and Machine 150 Builder's Supplies Shop Work —405 Fuel.Oil.Grease and Lubricants _ 155 Building,Fabricated _410 Furniture,Hospital-Spedalized 160 Butcher Shop and Mnt Processing Equipment —415 Furniture.Uborahory-Specialized 165 Cafeteria and Kitchen Equipment,Commercial —420 Furniture.Nan-Office 175 Chemical Laboratory Equipment and Supplies 180 Chemical Raw Materials(In large Quantities Primarily for —425 Furniture.Office Janitorial and laundry Product Manufacturing) —430 Gases: Hospital,Iaboratury,and Welding:and Equipment 190 Chemicals,Commercial.In Bulk Amounts(Minimum Package (See pass 673 for Fumigant Cases) Site-5 Gallons or 40 Pounds) —435 Germicides.Hospital:and Personal Sanitation Products(For - 192 Cleaning Compositions and Solvents(Not Otherwise Health are Personnel) Classified) —440 Glass and Glazing Supplies 193 Clinical Laboratory Reaeems and Tests(Blood Grouping, —445 Took.Hand(Not Oehermiw Classified) Diagnostic,Drug Monitoring.Etc.) —450 Hardware,Shelf Hardware.and Allied Items _195 Clocks,Timers,Watches.aad Jewelers and Watchmakers' _460 Hose.AB Kinds(Except Automobile,Fire.Paint Sprayer and Toole and Equipment Welding-See Class 075 for Garage Exhaust Hose) 200 Clothing and Apparel _475 Hospital Sundries 205 Computers.Data Processing and Word Processing Systems,and _485 Janitorial Supplies,General Line Accessories —493 Laborawry Equipment and Accessories: 210 Concrete and Con igated Metal C z verts,Pipes,and Other Biochemistry.Cnemktil'.Ensixonmentat Science,Ea. Products _515 Lawn Equipment(See Class 020 for Urge Tractor Crop 220 Controlling,Indication,and Recording Instruments and Mowers,Pasture Shredders,and Fertilizer Distributors) Supplies _530 Luggage,Brief Cases,Purses,and WaOers 225 Cooler ,Drinking Water _540 Lumbus,Mvwaods, ic,obeards,Shectrock,Shingles,Sidings _232 Crates,General and Stakes 233 traits,Specianced _545 Machinery and Heavy Hardware _240 Cutlery,Dishes,Flatware,Glassware.Trays,Utensils,and _550 Markers,Plaques,Signs,and Traffic Control Devices Supplies _555 Marking Desires 250 Data Processing Cards and Paper _560 Material Handing Equipment and Allied Iters(See Class 650 255 Decalromanias for Quilted Covers for Furniture.Etc.) -570 Month: Bars.Plates,Rods,Sheets,Strips,Structural —790 Seed,Sod,Sod and Inoculants , — Shapes,Tubing,and Fabricated Items —800 Shoes and Boots —575 Microfiche,Microfilm,Microfilming Equipment,and Supplies —803 Sound Systems,Compenems,and Accessories: Group —578 Miscellaneous(Not Itemized in Other Classes) Intercom.Music,Public Address,Etc. 595 Nursery Stock,Equipment and Supplies _805 Sporting and Athletic Goods 600 Office Machines,Equipment and Accessories —810 Spraying Equipment(Except Household,Nurxry Plant,and —605 Office Mechanical Aids,Small Machines and Apparatuses Paint) 610 Office Supplies: Carbon Paper and Ribbons,All Types —815 Steam and Not Water Specialties,Accessories,and Supplies _615 Office Supplies(Not Otherwise Classified) —820 Steam Boilers,Steam Heating,and Power Plant Equipment —620 Office Supplies: Erasers,Inks,Leads,Pen,Pends.Etc. —830 Tanks(Metal.Wood,and Synthetic Minerals): Mobile, —625 Optical Equipment and Supplies Portable and Stationary —630 Paint,Protective Comings,Varnish,Wallpaper.and Related —832 Tape(Not Data Processing,Measuring,Optical,Sewing, Products Sound,or Video) —635 Painting Equipment and Accessories —840 Television Equipment and Accessories —640 Paper and Plastic Products,Disposable —845 Testing Apparatus and Instruments(Not for Electrical or Electronic Measurements) —645 Paper(For Office and Print Shop Use) —850 Textiles,Fibers,Household Linens,and Piece Goods —650 Park,Playground,and Swimming Pool Equipment —860 Tickets,Coupon Books,Sales Books,Script Books,Etc. 655 Photograpluc Equipment and Supplies(Not Including Graphic _g63 Tires and Tubes Arts.Microfilm and X-Ray) _870 Venetian Blinds,Awnings and Shades _665 Plastics eNot Dishes)and Forming,laminating and Molding —880 Visual FAucation Equipment and Supplies(Except Projection Equipment Eq ) pp —670 Plumbing Equipment,Fixtures,and Supplies lamps-gee Class 285) — 675 Poisons: Agricultural and Industrial —885 Water Treating Chemicals _680 Police Equipment and Supplies —890 Water Supply and Sewage Treatment Equipment(Not for At, Conditioning,Steam Boder,or laboratory Reagent Water) _695 Printing and Silk Screening 705 895 Welding Equipment and Supplies _700 Printing PaSupplies nt Equipment andPho (Except Papers) 906 Architect-Engineer and Other Professional Design Services _ Printing Preparation: Etching Photoengraving, (For Construction Coverage Sea Public Warks,Clens 955) Typesn[in Publications and Preparing Matt.Negatives and Pates —]15 Onl ,NtE and Audiovisual es,o Materials(Prepared Materials —908 Bookbinding,Rebinding,an and Repairing Only,Not Equipment,Supplies,or Production) —910 Building Maintenance and Repair Services _720 Pumps and Pump Accessories(Except Air and Gas.Automotive —915 Communications and Media Related Services Fuel and Water,Hospital,laboratory,Marine Bating and —920 Data Processing Services and Software-Purchase Only Btge,Refrigerant,Etc.) —924 Educational Services _725 Radio and Telecommunications Equipment and Accessories _925 Equipment Maintenance,Repair,and Reconditioning —730 Radio,Television,and Electronic Testing,Measuring,and _930 Equipment Rental Services Analyzing Equipment aad Accessories(Also See Cass 840) —735 Rags,Shop Towels,and Wiping Cloths —932 Financial Services —740 Refrigeration Equipmen[and Accessories —935 Health Related Services —745 Road and Highway Building Material.(AsplWtic) — 937 He.Servire, _ 750 Read and Highway Budding Materials(Not Asphaltic) —940 laundry and Dry Cleaning Services — 755 Road and Highway Equipment and Parts: Asphalt and —947 Miscellaneous Services Concrete Handling and Processing —950 Personnel,Temporary(Not Services) 760 Road and Hiehway Equipment: Fath Ha::dheq,Grading, __955 Public Works and Related Services Moving.Packing,Etc. —958 Real Property Rental and Lease — 765 Road and Highway Equipment(Except Asphalt,Concrete,and —960 Roadside,Grounds,and Park Area Services Earth Handling Equipment in Classes 755 and 760) _ 770 Roofing(Except Wood-See ams 540) —965 Security,Fire,and Safety Scurvies, — 775 Salt(Sodium Chloride) (Exeem Table-See Cass 275) 780 Sales and Weighing Apparatus(Sia Class 175 for Laboratory Balances) /00 MEMO TO: Mayor and City Council A FROM: John K. Anderson, City Administrator RE: League of Minnesota Cities (LMC) 1988 Proposed City Policies and Priorities DATE: October 30, 1987 Introduction Attached are copies of the LMC 1988 Proposed City Policies and Priorities to review. Background The LMC Policy Adoption Meeting is November 18, 1987. To cast votes for or against the various policies and priorities on behalf of the Council, formal action by the Council is needed. Every department head has reviewed the LMC policies and priorities affecting their operations. Staff is proposing no change in the LMC policies and priorities as drafted. Alternatives 1. Approve the policies and priorities as drafted. 2. Amend one or more policies/priorities as deeded appropriate by Council. Since all department heads will not attend Tuesday night' s meeting, I would appreciate a call by 3: 00 p.m. Tuesday to discuss possible changes being considered by Council. Recommendation I recommend alternative No. 1. Action Reauested Authorize the City' s representative to vote in favor of the LMC 1988 Proposed City Policies and Priorities, as drafted, at the LMC Policy Adoption Meeting on November 18, 1987. JKA/jms Ace, MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Setting of Public Hearing on the Proposed Amendment of the Redevelopment Plan DATE: October 30, 1987 INTRODUCTION• The City is contemplating the sale of general obligation tax increment bonds in 1987 and again in 1988 for the financing of design and improvements on the "Mini By-pass"/169 Bridge Project and on the Upper Valley Drainage Project. In conjunction with this activity a public hearing must be held on the proposed Amendment of the Redevelopment Plan and on the Tax Increment Financing Plans for Tax Increment Financing Districts No. 2, 3, 4 and 6. BACKGROUND: It has been contemplated for some time that the City will use tax increment financing revenues for assisting both .the Mini By-pass and 169 Bridge Project and the Upper Valley Drainage Project. As a part of that process it is necessary to amend the City's redevelopment plan relating to the Minnesota River Valley Housing and Redevelopment Project No. 1 and to also amend the Tax Increment Financing Plans for Tax Increment Districts No. 2, 3, 4 and 6 (Tax Increment Financing Districts No. 2, 3, 4 and 6 include the Canterbury Downs Racetrack, the elderly highrise project, the downtown redevelopment activities and the Shakopee Valley Motel Project) . At this time it is contemplated that the City Council will consider a bond issue in the amount of $1,600, 000 to be sold on December 1, 1987 and an additional $1,900, 000 to be sold in 1988 . While only the former bond issue will be considered for action by the City Council at this time the amendments to the tax increment plans and the redevelopment project for both phases of the project are being considered at this time. Copies of the plan amendment reflecting the aforemen=ioned technical changes are not available at =is tine, however they will be on the table for the November '.th ^_:=y Council mee=ing. ALTERNATIVES: 1 Adopt Resolution No. 2828 Relating to the Proposed Amendment of the Minnesota River Valley Housing and Redevelopment Project No. 1 and the Proposed A-:enzments t0 the Tax Increment Financing Dis=ric=s No. 2, 3, 4 and 6. 2. Do not approve these amendments at this time. o RECOMMENDATION• It is recommended that alternative #1 above be followed and that the City Council call a public hearing for the proposed plan amendments. ACTION REQUESTED• Move to adopt Resolution No. 2628 Calling for a Public Hearing on the Proposed Amendment of the Redevelopment Plan Relating to the Shakopee HRA's Minnesota River Valley Housing and Redevelopment Project No. 1 and the Proposed Amendment of the Tax Increment Financing Plans for Tax Increment Financing Districts No. 2, 3, 4 and 6. it w Cintroduced the ouncilmember h was dispensed following resolution, the reaaing of whic with by unanimous consent, and moved its adoption: CITY OF SHAKOPEE COUNTY OF SCOTT STATE OF MINNESOTA RESOLUTION NO. 2626 RESOLUTION CALLING A PUBLIC HEARING ON THE PROPOSED SHHAKO EET HRA OF SH MIN NREDESELOPRIVERPLAN RELATING TO THE VALLEY HOUSING AND REDEVELOPMENT PROJECT No. 1 AND THE PROPOSED AMEND- MENT OF THE TAX INCREMENT FINANCING PLANSFORFOANDTAX INCREMENT FINANCING DISTRICTS NOS. 2, THEREIN BE IT RESOLVED by the City Council (the "Council" ) of the City of Shakopee, Minnesota (the "City" ) , as follows: Section 1 . Public Hearing . At the request of the Hous- ing and Redevelopment Authority in y and for Cthe Citshall y Of Shakopee, Minnesota (the "Authority" ) , thismeet on Tuesday, December 1, 1987 , at approximately 7 : 30 o' clock p.m. , C.T. , to hold a public hearing on the proposed Author- amendment of the Redevelopment Plan relating to the ity' s Minnesota River Valley Housing and Redevelopment Pro- ject No. 1 (the "Project" ) and the proposed amendment of the tax increment financing pians for Tax Increment Financing District Nos. 2, 3, E, and 6 within the Project, all our- sua.^.t to and in accordance with N.i nnesota St==�=ds, Sections ens 469 .174 469 . 001 to 469. 047 , and M-nneso-a Statutes , Sec== to 469 .179 . c`_ Plans. The Section 2 . Nt` t es cr.❑ ; _ - - - - -' - - of the c Cctv Clerk is a =:'o=-rc -- _ as Ex- c-- SUDS=a-__-__ ✓ _ _ c _ _ - _ --__ _ -T to ss lou = s a-= c- m" c near- c date , on ; le _ the -} and_ c = _..a.. -en c +- _tectlOn nv LGco__cC no _ _.._ vlans available -or - _ November 18, 1987 . Adopted by the City Council c'_ the City of S.nz:{cpee , Minnesota, on NovesnDer 41 1967 . The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof : and the following voted against the same: whereupon said resolution was declared duly passed and adopted. mayor of the City of Shakopee ATTEST: City Clerk '-=roved as to form this day G` 1951 . S EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF SHAKOPEE COUNTY OF SCOTT STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council ( the "Coun- cil" ) of the City of Shakopee, Minnesota, will hold a public hearing on Tuesday, December 1, 1987 , at a meeting of the Council commencing at approximately 7 :30 o' clock p.m. , C.T. , to be held at the Shakopee City Hall, 129 East First Avenue, Shakopee, Minnesota, relating to the proposed amendment by the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority" ) , of its Redevelop- ment Plan relating to the Authority' s Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project" ) and the modification of the Authority ' s Tax Increment Financing Plans for its Tax Increment Financing District Nos. 2, 3, 4, and 6 within the Project, all pursuant to Minnesota and Minnesota Statutes, Sections 469 . 001 to 469 . 047 , Statutes, Sections 469.174 to 469 .179 . MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Ordinance No. 235 - Changing the Name of the Shakopee Industrial and Commercial Development Commission DATE: October 26, 1987 INTRODUCTION• At the direction of City Council, the City Attorney has drafted the appropriate amending ordinance changing the name of the Shakopee Industrial and Commercial Development Commission to the Shakopee Community Development Commission. Staff is requesting approval of Ordinance No. 235 at this time. BACKGROUND: The Industrial and Commercial Development Commission has proposed 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 feels that the new name is more 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. On October 6, 1987 the Shakopee City Council moved to direct the City Attorney to draft the appropriate amending ordinance changing the name of the Shakopee Industrial and Commercial Development Commission to the Shakopee Community Development Commission. Shown in attachment 41 is Ordinance No. 235 which amends the Shakopee City Ordinance changing the name of the Shakopee Industrial and Commercial Development Commission to the Shakopee Community Development Commission. If the Council concurs with the Commission's recommendation and feels that the Ordinance No. 235 is in order, it would be appropriate at this time to approve Ordinance No. 235. ALTERNATIVES• 1. Approve Ordinance No. 235 Changing the name of the Shakopee Industrial and Commercial Development Commission to the Shakopee Community Development Commission. 2. Do not approve Ordinance No. 235. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Offer Ordinance No. 235, an Ordinance of the City of Shakopee, MN Amending Shakopee City Code Chapter 2 Entitled "Administration and General Government" by Amending Section 2.55 by Changing the Name of the Shakopee Industrial and Commercial Development Commission to Shakopee Community Development Commission and by Adopting by Reference Shakopee City Code Chapter 1 and Section 2.99, which among other things contain penalty provisions, and move it's adoption. ORDINANCE NO: 235 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 2 entitled "Administration and General Government" by Amending Sec 2.55 by changing the name of the Shakopee Industrial and Commercial Development Commission to Shakopee Community Development Commission and by Adopting by Reference Shakopee City Code Chapter 1 and Sec 2.99, which Among Other Things Contain Penalty Provision SECTION I: Change the name of the Commission The name of the Shakopee Industrial and Commercial Development Commission is hereby changed to the Shakopee Community Development Commission. SECTION II: AdoptedbyReference The general provisions and definitions applicable to the entire City Code including penalty provision of Chapter 1 and Section 2.99 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 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 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 22nd day of October, 1957. _fry ccs /qs � �YT lld MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Vacation of Easement in Weinandt Acres First Addition DATE: October 28, 1987 Introduction The City has received a request from Harry Weinandt for the vacation of part of the utility and drainage easements abutting Lots 9 and 10, Block 1, Weinandt Acres First Addition. Background Mr. Weinandt has received approval from the City for a lot split. The lot split will increase the size of Lot 10 and decrease the size of Lot 9. In order to construct a house on the peninsula of Lot 10, the utility and drainage easement must be vacated. Staff has determined that no drainage and utility easement is needed for the new property line. The 327+ feet running from Maxine Circle south and west will not be vacated because there are telephone lines in this area. The exact distance will be determined prior to the public hearing. As is routine procedure, copy of the hearing notice will also be sent to Shakopee Public Utilities and Minnegasco for their comments. Alternatives 1. Set public hearing for vacation. 2. Deny application. Recommendation Alternative No. 1, set public hearing. Action Reauested Offer Resolution No. 2825, A Resolution to Initiate the Vacation of a Utility and Drainage Easement Within Weinandt Acres First Addition and Fixing a Time and Place for a Public Hearing on the Proposed Vacation, and move its adoption. JSC/jms d , r _ Z i-~ 50 rl is — O S' Km D 2 m r- >y i I 3 I I al D I . � I cl rMl I I Vii : r i I off:: � I i d- RESOLUTION NO. 2825 A RESOLUTION TO INITIATE THE VACATION OF A UTILITY AND DRAINAGE EASEMENT WITHIN WEINANDT ACRES FIRST ADDITION AND FIXING A TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED VACATION WHEREAS, there exists a 10 foot utility and drainage easement along the southerly lot line of Lot 9, Block 1 and along the northerly lot line of Lot 10, Block 1, Weinandt Acres First Addition; and WHEREAS, the property owner has received approval from the City for a lot split for Lots 9 and 10, Block 1, Weinandt Acres First Addition; and WHEREAS, the property owner has requested the vacation of part of the said easements; and WHEREAS, it has been determined that additional easements will not be needed for the new property line; and WHEREAS, it has been made to appear to the Shakopee City Council that the said easements serve no public use of interest; and WHEREAS, a public hearing must be had before such action can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that a hearing be held in the Council Chambers on the 1st day of December, 1987 at 7:00 p.m. , or thereafter, on the matter of vacating the utility and drainage easements lying along the southerly lot line of Lot 9, Block 1 and along the northerly lot line of Lot 10 , Block 1, Weinandt Acres First Addition, except the 327 feet running from Maxine Circle south and west shall be retained. BE IT FURTHER RESOLVED, that two weeks published notice be given by publication in the SHAKOPEE VALLEY NEWS and posted notice by given by two weeks posting a copy of such notice on the bulletin board in the main floor of the Scott County Courthouse, on the bulletin board in the Shakopee City Hall and on the bulletin board in the First National Bank of Shakopee. Resolution No. 2825 Page Two Adopted in session of the Shakopee City Council, 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. 2829 A RESOLUTION CANVASSING RETURNS FOR THE MUNICIPAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it is hereby found and determined and declared that the regular and special municipal election held in and for said City on November 3, 1987, was in all respects duly and legally held and the returns thereof have been duly canvassed, and the votes cast at said election were as follows: For Mayor, two year term: Dolores M. Lebens 1,412 Eldon A. Reinke 1,196 Joe Zak 2 Paulette Rislund 2 Dick Mertz 1 Bob Ziegler 1 Spuds MCKinzey 1 Jim Gerlach 1 Harmon Harrison 1 For Councilpersons-at-Large, three four-year terms: Jerry Wampach 1,922 Steven H. Clay 1,440 Joseph F. Zak 1,188 Gary E. Scott 1,146 John Leroux 1,090 Clifford Stafford 669 Gary Laurent 8 Mel Lebens 2 David G. Brown 2 Pete VonBank 2 Claude Sinnen 2 Albert Appenzeller 2 Pete Ries 1 Dave Menden 1 Mary Jane Berens 1 Harry Karkanen 1 Jim Wermerskirchen 1 Tom Rein 1 Dolores Lebens 1 Barb Runge 1 Terry Forbord 1 Beverly Shippy 1 Dave Czaji 1 Virgil Mears 1 Scott 1 Resolution No. 2829 ' Page Two D. Parrott - 1 Ken Russ 1 Dave Lindsay 1 Duane Buttshaw 1 Ron Solseth 1 John Nelson 1 Ray Foslid 1 K. Puckett 1 Paulette Rislund 1 For Advisory Question: Which of the following sites would you prefer for the location of a new City Hall? Gorman Street 1,281 Block 50 Site 579 No Preference 463 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Dolores M. Lebens is duly elected Mayor, for a two year term, commencing January, 1988 and Jerry Wampach, Steven H. Clay, and Joseph F. Zak are duly elected Councilpersons, each for a four year term, commencing January, 1988; and that the Gorman Street site for the location of a new City Hall received the majority of advisory votes. Adopted in Special Session of the City Council of the City of Shakopee, held this 4th day of November, 1987. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1987 . City Attorney v O e s g g A In O � 4 O C �O �O m Z r W W F tin FPi D 4 � YN w (J m (J O] Z v N A LD W N lA Z s y N NN W 's o O O S Q W � 4 m v W w $ � m s Comments regarding Question No. 2: Do not build new city hall No new city hall Next to Pelham Hotel Present site Between Holmes and Lewis North site As is Leave it where it is None of the above Same location remove block of old buildings Same place None Leave at present site Old WOmens Reformatory Downtown MEMO TO: John K. Anderson, City Administrator FROM: Ren Ashfeld, City Engineered SUBJECT: Budget Amendment for Temporary Inspection DATE: November 4, 1987 INTRODUCTION: Resolution No. 2635 adopted the 1987 budget which includes funds for salaries of temporary inspectors in the Engineering Department. The attached Resolution No. 2830 proposes to amend the 1987 budget to increase the funds previously mentioned. BACKGROUND: The 1987 construction season has been very busy and is extending late into the year. In addition to finalizing Phase I of the Downtown Project, we are in critical phases of the Vierling Drive and Heritage Place Projects. It is important to carry the level of inspection on these projects through these critical phases. It is my opinion that carrying temporary inspection on the two projects for an additional two weeks will increase . my comfort level that construction is being completed in conformance with plans and specs. The cost of inspection is being assessed to the benefitted developments at a rate of 1.7 times our direct salary costs to cover all indirect salary costs. Alternatives: 1. Adopt Resolution No. 2830. 2. Do not adopt Resolution No. 2830 and reduce the level of inspection. 3. Do not adopt Resolution No. 2830 and direct staff to contract for inspection services with our engineering consultant, OSM. RECOMMENDATION: I recommend that Council adopt Resolution No. 2830 which increases the budget for temporary salaries in the Engineering Department budget by $2,000.00. REQUESTED ACTION: Offer Resolution 2830 , A Resolution Amending Resolution 2635 Adopting the 1987 Budget and move its adoption. KA/pmp RESOLUTION 2630 - A RESOLLTION AMMINC FZSOLD'a ION 2635AD01•TIN.9 THE 19 7SUDCET Vil�SREAS, the Ciry Council bass adopted a budget for the fiscal year, and Fr.REAS, changing conditions and circumstances wartazt amending the budget. NOW, THEREFORE, 5E TT RESOLVED E`_• THE ---M' COUNCIL OT T:-- CITY 0P SHAR EFO?EE, 1i11INESOTA, that the appropriations are increased as follows: Fund Cateec-v Division Amount 01 4130 41 $2,000.00 and the increases are offset or funded by increases Q5X&9 XWOW in the following accounts: Fund Account/Cat-sen- Divi=_ion Eount General Fund Revenue (01) Engineering Fees (3509) Aaorted in session of the City Council of the City of Shakopee, M-:=uesotz, held this day of -1986- ha-;c7 of the City of Shaccpee C'ry Clerk ^-moved as to fcr_ this azy cr i9K . City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Amendment of Resolution No. 2809 Approving Final Plat for Eagle Creek Junction 2nd Addition DATE: November 4, 1987 INTRODUCTION• On October 6, 1987 the city Council approved Resolution 2809 Approving the Final Plat for Eagle Creek Junction 2nd Addition. The resolution contained condition #4 requiring a sidewalk easement and drainage and utility easement along County Road 16, and condition #5c. requiring a letter of credit, performance bond or cash to be deposited with the City to complete drainage improvements. It has been brought to City staff's attention that the sidewalk easement along County Road 16 should be recorded by a separate easement agreement rather than shown on the final plat. The developer has also decided that they wish to proceed with interim drainage improvements under Plan B rather than Plan A as was the intention when the plat received approval. Under Plan B the developer would not be required to deposit a letter of - - -- credit-. Minor changes to these two conditions on the resolution is necessary to accomplish these two ends. BACKGROUND• The Planning Commission and City Council in approving the Final Plat for Eagle Creek Junction 2nd Addition required the -additional drainage and utility easement and sidewalk easement along County Road 16 because the proposed upgrading of County Road 16 would not allow adequate space for the sidewalk and utility improvements within the right-of-way. Minnesota State Statutes relating to the recording of plats states: " The purpose of any easement shown on the plat must be clearly stated, and shall be confined to only those that deal with public utilities in such drainage easements as deemed necessary for the orderly development of the land encompassed within the plat. " In order to comply with the legal requirements, the easement for the sidewalk will be conveyed by a separate recorded document. To clarify the method used for recording the document the last sentence of Condition #4 which states: "Said easements shall be shown on the Final Plat" should be eliminated from the condition. Condition #5c. states: "The developer must supply a letter of credit, performance bond or cash to complete drainage improvements based on the final drainage plan." The developer has chosen to use Plan B instead of Plan A and as a result a letter of credit, performance bond or cash deposit is not required. Condition #5c. should read: "Interim storm drainage improvements to accommodate site development per plans on file with the City Engineer. " ACTION REQUESTED: To move and approve Resolution No. 2831 Amending Resolution No. 2809 Final Plat Approval for Eagle Creek Junction 2nd Addition. RESOLUTION NO.2831 A RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 2809 APPROVING THE FINAL PLAT OF EAGLE CREEK JUNCTION 2ND ADDITION WHEREAS, the City of Shakopee on October 5, 1987 approved Resolution No. 2809 Approving the Final Plat of Eagle Creek Junction 2nd Addition which contained condition #4 and condition #5c reading as follows: "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. " 1-5c. Developer must supply a letter of credit, performance bond or cash to complete drainage improvements based on the final drainage plan. "; and WHEREAS, the City has determined that the sidewalk easement required in condition #4 shall be conveyed by separate document, and a letter of credit, performance bond or cash will not be required to complete drainage improvements as required by condition #5c. NOW, THEREFORE BE IT RESOLVED by the City of Shakopee, Minnesota that Resolution No. 2809 Condition #4 and Condition #5c are hereby amended to read as follows: "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. " "51. Interim storm drainage improvements to accommodate site development per plans on file with the City Engineer. " 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