HomeMy WebLinkAbout11/17/1987 MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: November 12, 1987
1A. Cecil Behringer contacted Judy Cox regarding the sale of his
property in the Industrial Park to the First Universal
Church. Cecil indicated to Judy that he was frustrated with
the City and that was one reason why he was selling it to
the Church. This was confirmed by a call to me from the St.
Paul newspaper asking questions about Cecil selling the
property to the Hare Krishna for a self contained religious
community. (Attached is a copy of the article which appeared
in the November 13th Pioneer Press. ) Residences and
churches are neither permitted nor conditional uses in the
RDT zone. I have been invited to appear on WCCO with Cecil
Behringer and declined because we have no proposal to react
to. We will keep you posted.
1. Our temporary parking agreement with Gene Brown for downtown
parking on the old Merchants Hotel site expires this
weekend. The arrangement has worked extremely well and
Council may wish to direct staff to send a letter of thank
you to Gene Brown at the Tuesday night Council meeting.
2. Doc Muralt is retiring as the part-time Executive Director
of the Chamber of Commerce at the end of the year. The City
may wish to provide him with a framed resolution
acknowledging all his years of service to the community.
Please contact Judy Cox if you wish us to follow-up on this.
3. Upon the retirement of Doc Muralt the Chamber of Commerce
and the Shakopee valley Convention and Visitors Bureau
(SVCVB) will be jointly hiring one full-time Director who
will work approximately 1/4 time for the Chamber and 3/4
time for the SVCVB. The new staff person will office in the
new Chamber office in Memorial Park.
4 . Jim Streefland will be preparing the 1986 tax returns for
Murphy' s Landing which must be completed by November 30th.
The delayed tax filing is the result of the Police
Department' s obtaining and holding the records for the ????
criminal case. Jim' s efforts will not include any official
review or audit which might conflict with his duties. as
auditor for the City.
5. Eldon is scheduled to attend the National League of Cities
Conference December 12-16. Eldon asked that I check with
Councilmembers to see if anyone has a problem with him
attending as out-going Mayor of Shakopee. Please contact me
if you wish to discuss this.
6. The Shakopee Cub Scouts, as a part of the Viking Council of
America, just conducted a program "Scouts for Food" . The
food was collected the same day as our recycling
collections. The food will be given to the Scott County
Food Shelf.
7. Attached is a copy of the Scott County Transportation
Coalition Policy Statement issued at the recent legislative
hearing held at the KC Hall in Shakopee.
8. Attached is a copy of the most recent issue of Update, the
newsletter of the Scott County Transportation Coalition.
9. Attached are letters from Representative Robert Vanasek,
Speak of the House, and Senator Robert Schmitz regarding our
support for Senate File 1084/House File 1163 which would
give cities the option to charge development a street access
charge.
10. Attached is a letter from Rod Krass regarding the City of
Shakopee vs. L & D Excavating and Trucking injunction.
11. Attached is a copy of a letter from Ken Ashfeld to the
Capesius Agency regarding the status of an injury claim from
the 4th Avenue project. If you have any questions please
contact Ken.
12. Attached is the third quarter newsletter and proposed budget
for the Minnesota Police Recruitment System, the joint
powers agency that the City of Shakopee uses for hiring its
police officers.
13 . Attached is the Building Activity Report for the month
ending October 31, 1987.
14. Attached are the minutes of the October 19, 1987 meeting of
the Shakopee Community Recreation Board.
15. Attached are the minutes of the October 5, 1987 meeting of
the Shakopee Public Utilities Commission.
16. Attached are the minutes of the October 14, 1987 meeting of
the Ad Hoc Downtown Committee.
17. Attached are the minutes of the October Jfp,g 1987 meeting of
the Industrial Commercial Commission.
18. Attached are the minutes of the October 15 , 1987 meeting of
the Energy and Transportation Committee.
19. Attached is the agenda for the November 18, 1987 meeting of
the Ad Hoc Downtown Committee.
20. Attached is the agenda for the November 18, 1987 meeting of
the Community Development Commission.
21. Attached is the agenda for the November 19, 1987 meeting of
the Energy and Transportation Committee.
22. Attached is the Revenue and Expenditure Report as of October
31, 1987.
23. Attached are the minutes of the November 5, 1987 meeting of
the Shakopee Coalition.
24. The Chamber of Commerce's general membership meeting will be
held Wednesday, November 18th at 12:00 noon at the Inside
Track. Bob Schmitz and Becky Kelso will be the speakers.
Councilmembers may wish to attend this meeting.
JKA/jms
Landowner has plan to get even:
Expect mostly
Donate property to religious sect annoy skies the Twin Citi in
n Cities,.
but a little cooF
By Ellen Toreson. in real estate tales and in construction and devel- the
with a high in
.
the lower s
Staff a ow op"I'm efforts. Northwest
The owner of a 10-acre property near Causer- "I'm doing it W get even;'said Behringer. winds 5 to 10bury -
does 'tDowns
cam said Thursday that lf the right buyer Describing Shako as"a sin cit more interest- mph becoming normz
doesn't come along soon,he'll give his land to the ed in gambling andboozethan sports" Bebringer 32 to 36.Details,Page
Hare Krishna religious sect fora "City of God" said, grm seriously considering giving ittothe
development. 139th year
The ro owner, Cecil Behringer of Edina, Hare Rnsb°a group simply because I think ee bisections
P P�9. need a little religion there I'm Ca sure Shakopee
said the move ts a calculated effort m even the TaNptwnaa
would he happier H e sold it m a ung with
or a Flare
with Shakopee city officials who have sty- an but I see nothing wrong with the Hare Nawefgeneral,222
mied or rejected other plans for his land,which he Circulation,29 t-ir
says has cost him hundreds of thousands of dollars Please see Shakopee/11A Want oda.222 t t
Continued from Page to and inventor who helped build a two-man diving sub-
marine, "Alvin," which belongs to the Woods Hole
Demographic Institute in Massachusetts. He said he
"Anyway,I'm not a man who believes there is much holds numerous patents,including one for a method to �
difference between one organized religion and moth- quell fires in nuclear reactors.
er.„ A former professional marathon bicycle racer, he
Behringer has told the Hare Krishnan he will give purchased a 40-acre parcel in Shakopee in 1976. He
them the property if he is unable to sell it by January, sold 30 aures and used the remaining land in build a _=
he said. The parcel, at 700 County Hood 83, is about velodrome, a bicycle race track. Three races were
400 feet from Canterbury Downs and is worth about held at the site, drawing up to 4,500 specmmis, ac,
$450,000, according to Behringer. Efforts m sell the cording to Behringer, "at:
property, which is included in the race track zoning
district,have been unsuccessful,he said. AfterShako city officials said he could not have
Shakopee ty c x
A temple president and spokesman for the Mimeap po Mable toilets at the site, he had a $100,000 steel
oils Hare Krishna temple said the West Virginia-based burldmg constructed to provide bathrooms far specta- ....
tors and a clubhouse for racers,he said But he had to
religious group already has plans for a"City of God" abandon the velodrome, a 200-meter banked track Thinsulate Z'.
development on the property. made of thre"uarter-inch plywood, after the city
"The files is that it would be a city for people who said he would be required to build a five-acre asphalt all weather
believe in God and follow the principles of religion parking lot. '-A zip out 3M Thlr
which,in all scriptures calls for no killing of any ani- that ounce --:fcr
mal, no intoxication, no gambling and no illicit sex He said the cost of the lot, which he estimated at warmer then'do,r
life,'said Krishna-Katha dos. between $500,000 and $1 million, was prohibitive. thetiulk,. mak
"No killing of any animal means no eating meat and Since that time, the velodrome has been dismantled es
weight, water es
no illicit sex life means no sex life outside of marriage and its wood used for local barns,be said ton twill classic
or for any other purpose other than producing chil- Behringer and a son formed the Baron Development perfect for all we
it=,"he explained. Co. to propose a second plan for the site,a $5 million ditions.Tan,grey.
A worldwide Haze Krishna plan envisions"Cities of hotel project.The proposed 14-story hotel was reject- sizes through 52
God" throughout the United States and in other coun- ed by the city. -.'half the price yoz.
tries,said Krishna-Katha das. Meanwhile, Behringer said he has paid about Available in cla'.
The cities are meant to be self-contained so that $113,000 in taxes for the land during the past 10 years. ::.breasted tool'YO!
residents would be able to survive disasters outside "rm not a wealthy person — rm from the old quality and `.torr
the community,he said. school when you work and save at the same time,"he you re amazed b.
The group, which owns 5,000 acres and a partially said. "And now rve gotten to the point where I don't . and Clark's low,
constructed temple in West Virginia,would like to po- like to hear the word Shakopee.I've put an much moa ^• only
pointe each of its mit-contained cities with between ey in there and I feel like I've never gotten any coop- C/g
i9
10,000 and 12,000 residents,Krishna-Katha do1s said. eration from the city council or the planning currents-
The 10-acre Shakopee site is too small for such a sion."
community,but Haze Krishnan are"convinced that if Shakopee City Administrator John Anderson said - single breasted*
we have one piece of land there, we will have some Thursday evening he had not heard anything about J
leverage to buy more land in the area." Behrmger's plan to give his land to the Hare Krishem- 1
"We will make the presentation that we will stag "It's a surprise to me,"he said."This is the first rve co
small," Krishna-Kathy das said. "You know it will heard about this." double breasted
probably come as a shock to a lot of people that we Anderson quickly reviewed the zoning requirements
are pfanning to do anything tike this in the area." for the race track district and concluded that churches Slightly snore
He characterized Behringer m "quite sincere and a and housing are not permitted in the district large sizes. 48+
warm-hearted person." "But there is no point speculating until mey have a
"We'll just see what God has in store;'Krishna-Ka- specific proposal for m to look at," he said. "They ^„wntcwn
'be dna seed may have the thing Packaged in a msnner iso that it -
Behringer, 71, b a retired metallurgical physicist somehow fits" : Open Sun
thn:G'7
- � e
Scott County Transportation Coalition
P.O.BOX 153 SHAKOPEE,MN 55379
'Policy Statement
Transportation Gateways
During the 1970's state public policy raised revenues from an expanding state-national economy.The
imposition of taxes on retail sales and income provided Minnesota with a revenue base that in mostyears
resulted in fund balances in the state general fund.The balances were usually expended on new or expanded
programs,particularly property tax relief and education aid.
Within the last ten years, however,the state has adopted a revenue policy that has reduced its revenue
raising capacity.In 1978 the legislature adopted income tax indexing and more recently it has reduced tax
rates rather than retaining revenues. The net result of the emerging state revenue policy is less state
spending and the shifting of several state programs or a portion of the costs to the local level.
One of the state's largest special funds-the highway user fund-has also experienced revenue pressures.
The motorvehicle fuel or"gas"tax is the fund's major revenue source.More fuel efficient vehicles rather
than explicit public policy has partially caused the decline in revenue growth.
In an era of shrinking revenues but ever increasing expenditure demands, policymakers can either
attempt to increase revenues,attempt to set priorities for expenditures or do a combination ofboth.Being
aware of the demands,the 1987 legislature has approved a modest revenue increase for the general fund
by primarily adding several previously exempt items to the tax roles.For transportation,the legislature
did not raise revenues nor did it set priorities but it established a study commission to recommend a
transportation funding policy.
The scope of needed highway improvements far exceeds the funding sources.Therefore,a revenue side
only policywill notproduceenough resources to support a substantial transportation improvement program.
Being aware of the reluctance to adopt "revenue raising only" policies, public policy must focus on
expenditures.
The state's transportation system consists of approximately 130,000 miles of roadway that are under the
jurisdiction of the state,counties,cities and townships.Approximately 44,000 of the miles are eligible to
receive state funds from the highway user fund.These "state aid"highways receive state aid for main-
tenance,construction and reconstruction projects.Of the total state aid highways, 12,000 are state trunk
highways.In addition to the highway system,approximately 45 transit systems are operating throughout
the state.
There have been attempts to change the highway system.Many of the proposals recommended a transfer
of highway jurisdiction. Under the jurisdictional transfer proposal, the most heavily used highways
would be transferred to the state while less used state trunk highways will be transferred to other jurisdic-
tions such as the counties.Counties would also be able to either transfer to cities,townships,or the state
and,in some instances,receive city roads.The jurisdictional transfer plans do not recommend"resource
transfers" nor do they generally discuss the condition of the highways upon transfer. Jurisdictional
transfers studies have been mandatedby the legislature.The studies are to be completed by January 1988.
It is estimated that approximately 1,300 miles will be recommended to be transferred. Of that total,
approximately 1,000 miles are recommended to be transferred to townships.
Policy Statement continued on reverse side
In an effort to e-tablish priorities for state trunk highway improvements, the 1985 legistature adopted
legistation directing the Minnesota Department ofTransportation to establish market artery routes.The
market artery route was generally described in the statutes(MS 169.833)as a trunk highway or highway
segmerrt that connects significant centers of population or commerce,or provides access to a transporta-
tion terminal or provides temporary emergency service to a particular shipping or receiving point on a
market artery.The statute requires that by December 31 of each odd number year the district engineer
submit to the commissioner of transportation its list of identified market arteries and recommended
priorities for upgrading.The statute was further amended in 1986 and it is doubtful if it will be implemented
in 1987.
The 1987 legislature.as part of the enabling legislation for the rural development board(RDB),requires
the RDB to develop and adopt a rural development guide. The guide which is to be a policy plan for
greater Minnesota will include a transportation section.
Minnesota's highways not only move commodities and goods but people.Being aware of the concentration
of specialized services such as medical,educational,food processing terminals,cultural and recreational
facilities in our largercities,many intrastate trips are made to obtain services orvisit the facilities or conduct
business, particularly the movement of agri-products. In addition, numerous intrastate and interstate
trips are made for vacations. When the intrastate and interstate passenger vehicle trips are combined
with the movement of commodities and goods,one can conclude that public policy direct the expendi-
tures of resources to provide for direct and efficient access to these centers.In essence,we need gateways
to and from the metropolitan region.
In developing the proposed policy,we can use the federal interstate system as a base.The interstate connects
the Twin Cities metropolitan area with most of Minnesota.Many large greater Minnesota cities are also
connected by the interstates. There are adequate trunk highway intrastate connections to most of the
cities.There are,however,several highway segments that significantly impede travel between the cities.
These segments generally have excess traffic volume,have higher than average traffic accident rates and
are not designed for current traffic volumes.These segments are usually located near a population center
and in areas experiencing population growth or commercial-industrial development Generally these
segments are trunk highways that travel west and southwest to and from the metro area.If these segments
are upgraded or relocated to meet current and future needs. the state will, in effect, have created an
"intrastate"highway network and gateway.
More specifically, we are proposing a highway expenditure priority that will achieve the following
objectives:
1. a vehicle(car or truck)should be able to complete a trip of 100 miles to and from greater Minnesota to
the downtown's of Minneapolis and St. Paul in two hours:
2. design and construct the highways along the gateway that permit heavy truck traffic and to bypass the
downtowns of the cities: and
3. design and construct highways that reduce congestion, improve highway safety and interconnect
regions of the state or counties. particularly those divided by major rivers.
The"two hour trip"objective is currently possible via the interstate highway system.The two hour trip,
however,is less probable along state trunk highways through western and southwestern portions of the
metropolitan area. The completion would provide a gateway for travelers and the movement of goods
and commodities to the region. Improvements to these highways. many of which are in the planning
state, would achieve the three objectives and enhance economic development throughout the state.
7 �
PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE
Regular Session Shakopee, MN September 24 , 1987
Chairman Ziegler called the meeting to order at 7 :30 D.m. with
Commissioners Schmidt, Spiotta and Ziegler. Commissioners Weeks
and Allen were absent. Barry A. Stock, Administrative Assistant
was also present.
Schmidt/Spiotta moved to approve the minutes of August 20, 1987
meeting as kept. Motion carried unanimously.
Mr. Stock reported that at previous meetings the Committee has
discussed the possibility of expanding our Dial-A-Ride program to
the City of Chaska. Currently the City of Chaska has a Dial-A-
Ride program operated through the Southwest Area Transit
Commission (SWMTC) . The Southwest Area Transit Commission has
contacted the MTC and has worked out an arrangement which will
allow them to break their existing Dial-A-Ride contract.
On September 17, 1987 the SWMTC met to consider contracting with
the City of Shakopee for the provision of Dial-A-Ride service in
the City of Chaska via our existing Dial-A-Ride service contract.
At that time they formally requested the Shakopee City Council to
consider entering into an agreement with the SWMTC for the
Provision of Dial-A-Ride service in Chaska. Mr. Stock reported
that our current Dial-F.-Ride provider has been involved in the
discussions regarding this issue and is enthused about expanding
to the City of Chaska.
Mr. Stock stated that he is recommending that the Energy and
Transportation Committee make a recommendation to the City
Council to enter into an agreement with the Southwest Area -
Transit Commission for the provision of Dial-A-Ride service in
the City of Chaska for the following reasons: 1) The proposed
service expansion and working agreement between oPt-opt
communities will serve as an example for other communities
considering initiating alternative --O=S of transit. 2) The
Proposed service ey.Pansion will provide another transit
alternative for S.nakcpee residents as well as offer-4 .--g Chaska
reside..-.-s the opportunity to a=_. to Shakopee. 3) The proposed
service expansion will provide the C_ty of Shakopee_ with a 5%
management fee. that can be used to help cf_'-set the costs
associated with running our existing Dial-A-Riae Program.
Mr. Stock then reviewed the Proposed agreement between the City
of Shakopee and the SWMTC. ne stated that the agreement spells
out the duties and responsibilities of both the SWPSTC and the
City of Shakopee. Be also sated that the City of shakcpee's
existing Dial-A-Ride contract will be attached as an ex.^.ib_t to
the proposed agreement. Mr. Stock stated that our Dial-A-Ride
con-Tractor will keep separate statistics of the Chaska and
Shakopee Dial-A-Ride Program. He will submit a separate_ monthly
report to the City of Shakopee for the Chaska Dial-A-Ride program
and the Shakopee Dial-A-Ride program. Revenues derived from the
program will be the property of the system that generates the
fare box revenues. Rare Rabs monthly invoice
Shakopee will separate the atto the City of
cual cost for the Shakopee Dial-A-
Ride program and the actual cost for the Chaska Dial-A-Ride
program. The City will in turn bill the SwMTC for the actual
cost of the Chaska Dial-A-Ride service plus a
The City. of Shakopee will 5$ management fee.
be responsible for submitting the
monthly reports and request for reimbursement forms to the
Regional Transit Board for both the Shakopee and
Ride systems. Mr. Stock noted that the Chaska Dial-A-
5% management fee to be
collected from Chaska should be more than enough to off-set
Shakopee City staff time associated with administering this
project. Mr. Stock also stated that the proposed agreement has
been reviewed by our City Attorney and approved as to form.
Discussion ensued on the proposed contract.
Commission Schmidt stated that it might be more appropriate to
change the name of the management fee to administrative fee. She
suggested this change because the SWMTC will actually be managing
the
Chaska Dial-A-Ride system and the City of Shakopee will be
handling the administrative duties associated with the project.
Chairman Ziegler questioned the logic behind only operating one
Dial-A-Ride vehicle in Chaska. Mr. Stock stated that the SWMTC
felt that ridership demand at this time only warrants the
Provision of one vehicle. Mr. Stock noted that there is a
Provision built within the contract which will allow us to add
additional vehicles to the Chaska Dial program as needed.
Chairman Ziegler then questioned if the
vehicles would be Shakopee Dial-A-Ride
Chaska. utilized to carry passengers in the City of
Mr. Stock noted that the Shakopee Dial-A-Ride vehicles
are dedicated to the City of Shakopee and will only be carrying
passengers within the Shakopee city limits at this time,
Likewise, the Cha Chaska
Dial-A-Ride will only be e. carrying passengers
within the _ty a.._ts at _
demands in Chaska warrant the addition of anothShouldiclde Rare
Fabs has informed me
operation within '_5 � 1` tneY can have another vehicle in
days Of Our request, Mr. Stock noted tha- in
the future we will be prO:¢ding i__ _
-r Chaska and the Cit c' ""—Y =raps between the City
revealed that _ S'alopes. Our ridership records have
theref are ert
where ridership is nOt - -n time periods within the week
»i11 be scheduling _�`}•_ -evels• During these times, we
example, on Tnesda `-_e_ `"ps to and from Chaska. For
and 2: 00 Y and Thursday between the hours of 10: 00 a.m.
p. ,. we are experiencing dead time. During these days
and on a regular basis trips *.o and from Chaska will
coordinated and advertised. be
several small lap The Commission then discussed
guage changes to the contract.
Spictta/Schmidt then moved to recommend to City Council that the
City of Shakopee enter into an agreement with the Southwest Area
Metropolitan Transit Commission for the provision of Dial-A-Ride
Service within the City of Chaska. Motion carried unanimously.
7
Mr. Stock reported that if the City Council decides to pursue the
agreement with the SWMTC, it would be appropriate for the Energy
and Transportation Committee to also make a recommendation
regarding an amendment to our existing Dial-A-Ride contract. The
Dial-A-Ride amendment simply specifies that the contractor will
keep separate records of the Shakopee and Chaska Dial-A-Ride
services and will submit separate monthly reports to the City of
Shakopee. The actual cost in revenues for each service will also
be kept separate. The Dial-A-Ride amendment also specifies that
the contractor will provide a separate telephone number for the
Chaska system. Maximum and minimum ridership levels will also be
kept separate for the two programs. finally the workmans
compensation and insurance sections of the existing Dial-A-Ride
contract are in need of amendment to include the SWMTC. Mr.
Stock noted that the Chaska Dial-A-Ride would function under all
the conditions as established in our existing Dial-A-Ride
contract. The SWMTC Transit Administrator would be responsible
for marketing the Chaska program.
Schmidt/Spiotta moved to recommend to City Council the approval
of Shakopee Dial-A-Ride contract amendment '-'4 contingent upon
Council's approval of the SWMTC/City of Shakopee Transit
Agreement. Motion carried unanimously. -
Ms. Stock stated that it has been brought to his attention that
members of Shakopee City commissions and committees must be
residents of the City of Shakopee. Mr. Stock also noted that
when the City applies for energy grants the following groups need
to represented by our Energy and Transportation Committee: 1)
Low and Moderate Income, 2) Senior Citizens and 3) Small.
Business. In light of these issues staff is recommending that
the enabling resolution be amended to include the aforementioned
three groups and a clause calling for the appointment of one
me=er to serve ontheEnergy and T_ransno Cation Committee who is
a rider on the Shakopee Van Pool Program and who may not be a
_ __ t of the City of Shakopee. nz. Stock noted that tis
would a voting member anointment.
Spiotta/Schmidt moved to recommend to City Council the anroval
Cf a resolution amending the Energy and Transportation
Co..-._.ia tee's Enabling 'Resolution to provide for the re_nresen-a=ion
of the following interest groups on the Committee: 1) Low and
Moderate Income, 2) Senior Citizens, 3) Small Businesses and tbat
one member be allowed to serve on the _nergy and Transnortation
Committee who is a rider of the Shakopee Van Pool program and who
may not be a resident of the City c_ S.nakenee. Motion carried
unanimously.
Ms Stock stated that it has been broucht to his attention that a
Shakopee resident is interested in utilizing both the Dial-A-Ride
and Van Pool proarams. The resident has inquired as to whether
or not the City has a transfer reciprocity policy between the
Dial-A-Ride and Van Pool programs. Mr. Stock explained how a
transfer reciprocity agreement between the Dial-A-Ride and Van
Pool program would operate. He went on to state that setting up
a transfer reciprocity policy between the Dial-A-Ride and Van
Pool programs would be complicated because the Dial-A-Ride fare
is based on how much advance notice is given for the ride and the
van pool program fares are based on whether or not you are a
regular or occasional rider. Additionally, the policy could
become further complicated if an individual who utilized both the
Dial-A-Ride and Van Pool program would also .seed to transfer to a
MSC bus. Zn essence, given our current fare structure a person
utilizing all three services would generate a deficit fare
situation for our program. Chairman Ziegler stated that he did
not feel it was appropriate at this time to have a transfer
reciprocity policy between the Dial-A-Ride and Van Pool programs.
He went on to state that when the City of Shakopee was serviced
by the MSC, residents had to get to one of the MTC pick-up
points. He felt that this type of policy should be utilized for
people wishing to use the Van Pool program.
questioned whether or not the Commissioner Spiotta
City had a transfer reciprocity
Policy with the MTC. Mr. Stock stated that the RIB has assured
him that we will be soon having a transfer reciprocity with the
MTC. Ms. Spiotta stated that she did not think it was
appropriate to act on this policy until the City had a transfer
reciprocity agreement with the MTC. Commissioner Schmidt stated
that if only one individual was requesting the service, she did
not think it was necessary to adopt this very complicated policy
at this time.
Schmidt/Spiotta moved not to adopt a Dial-A.-Ride/Van Pool Policy
at this time but to reconsider the policy when demand warrants it
or an MTC transfer agreement has been finalized. Motion carried
unanimously.
.Ms. Stock then reviewed the home energy cher}:-up marketing
program with the Commissioners. Coa.^issioner Schmidt �•„=s-Toned
hills.
Whether. o= r.ot a flyer could Oe inserted with the _Miznegasco
bilis. Ms, Stock stated that he would check with Minnedasco in
regard to Ms. s:hr.. wt's sucges-len. com-ii ssic
suggested that - - ner S :-:_dt also
the `:yet Oe inserted in Oct: the Min_ and the
Shakopee Valley News. FIr. Stock cues-icned t,-
regarding holdinga -2 Cd^r.:ittee
t _fee and cc= g a o_sn tr_ze away to
encourage participation Lin the program.
questioned whether or not State funds could Oe used ne ..
s„i __a
of activity. Mr, Stock stated that it fcr tdis t}-p=_
was net an e S=ate
expense butthat it was an eligible Minneca=_co
was a consensus
of the Corin ttee __ _rerkst:--= experse.
-
prCgr2ID be :dnitcred fo_lowing the _ __ _ _ ___dn in the
Program. 2 £ we find that na_rzicipdtip➢ _ _ _LKS__.^.y
than expected then proceed with the raffle c„n:.ept, cje - =s Less
Mr. Stock then briefly discussed the reverse can pool marketing
program with the Committee. He stated that he will be meeting
directly with the major emnlovers in Shakopee and sneaking with
the personnel directors. 5e felt that the personnel directors
were better equipped to give suggestions regarding marketing a
reverse van pool program within their company. Mr. Stock stated
that he hoped to have a reverse van pool in operation before the
end of the year.
Mr. Stock then presented the Dial-A-Ride and Van Pool monthly
reports for the Committees review. Mr. Stock then reported that
ridership during the Dial-A-Ride eveninghours in the month of
August paralleled the month of July. However, in the month of
September we are seeing a significant increase in the evening
hour ridership. Mr. Stock also reported that during the month of
August the Dial-A-Ride provider fell below the minimum threshold
level the first time in this contract period.
Commissioner Spiotta questioned whether or not staff could gather
some information on the container deposit legislation. She
stated that she would like to have a better understanding of both
the opponents and proponents position regarding this bill. Mr.
Stock stated that he thought he could get some information on
this issue for the Committee's review. Mr. Stock then noted that
the next meeting will be held on October 15, 1987 at 7: 00 P.M.
_ Spiotta/Schmidt moved to adjourn the meeting at 8:40 p.m.
Motion carried unanimously.
Barry S. Stock
Recording Secretary
r�
Scott County Transportation Coalition
P.O.BOX 153 SHAKOPEE.MN 55379
Standing-Room-Only Crowd Jams 1st Hearing
Of Transportation Funding Study Commission
A 5 o'clock traffic jam in the Knights of ground hearings at the Capitol,the Commis- both political parties that provides for
Columbus Hall parking lot offered an ad- sion took to the road to hear what the public reasonable revenue increases,someform of
vane glimpse at the agenda of a public had to say. bonding and the commitment of MVET
hearing Conducted by the Highway Funding In the first of several public hearings transfer."
Study Commission on Wednesday after- throughout the state,by all counts the Com- Deploring the 30-minute drive from down-
noon, Oct. 21, in Shakopee. An estimated missioners got what they came for.No fewer town Shakopee to a grain terminal 10 miles
250+ citizens from south of the Minnesota than 35 people spoke out representing away, Mark Stromwall spoke for the Scott
River Crowded Into the hall to hear their schools,farmers,truckers,area employers, County Transporation Coalition concluding
neighbors testimony concerning the need government and law enforcement agencies, his remarks with a review of the Coalition's
for less congested, safer, improved roads plus commuters and individuals representing Policy Statement accompanying this news-
and highways in the area. themselves as concerned citizens. letter.
Testimony included comments by Lothar
- Wolter, lifelong resident of the area,whose
twckingbusinesshauls60-70badsofgminper
ji week down Shakopeds Main St,a mid Wolter
i mid......was bulk for horse and buggy days
.>
and hasn't been updated in my 50 years."
Representing the Southwest Corridor
Transportation Coalition,Dick Feerick pointed
1 1 out that Highways 5 and 212, initially designed for a capacity of 6-7,000 vehicles
A standing-room-onlycrowd assembled ar the per day.currently host an average of 30,000
first public hearing of the Minnesota Legislatmas vehicles on a daily basis. "This overage
Highway Funding Study Commission. clearly accounts,"Feerick asserted,"for the lip,
Established last spring by the Minnesota seventy of individual accidents and extensive Co-chairsofthe Highway Funding Study Com-
Legislature,the Commission was formed to amount of congestion on these highways." mission, Sen. Clarence Purtserst and Rep.
study and recommend changes in the state's Continuing,Feerick mid,"There has to be Henry Kass,presided at the hearing.
highway system.After a series of five back- an overall revenue package supported by Continued on page 2
Commission Members Offer Their Views On How The ten members of the Highway
The Highway Issue Is Shaping Up Before Session Funding Study Commission ate:
Just exactly how excited are all thosefolks Almost everyone agreed that county com- SENATORS:
around the state about transportation missioners,MN DOT,truckers,farmers and Clarence Purfeerst,Faribault
issues?And haw do the ten members of the other special interest groups are expressing Marilyn Lantry,St.Paul
Legislative Transportation Funding Study their concerns n would be expected,but the Gary DeCramer,Ghent
Commission plan to respond totheyawnsor general public? Sen. Clarence PurfeerIat, Keith Langseth.Moorhead
the outcries? DFL,Faribault,Senate Chair of the Commis- Lyle Mehrkens, Red Wing
In recent interviews with the Com- Sion, explained, 'That's why were having
missioners,Meir answers ranged from"...no these hearings—first the one in Shakopee, HOUSE:
pothole calls' to "...a hot political issue in then one on the North Shore,and a third In Henry Balis,Wafters
my district." Brainerd. Wave heard from those groups, Bob Jensen, Lakeville
Rep, Henry J. Kalis, DFL, Wafters, the but the publics interest is not (being ex- Bernie Lieder,Crookston
House Chair of the Commission,reported a pressed) out front. The average citizen is
Art Seaberg, Eagan
tack of groundswell support for transporta- pretty nonchalant.The average person under- Doug Carlson,Santlstone
tion becausethe roads are generally in good Stands, but just doesn't care.They've gots 9
shape as a result of a mild winter and no bargain: 10-15 years ago, they gat 10-15/
serious spring break-up. miles per gallon,and now they get 20-30" The Commission is co-chaired by
By contrast, Sen. Gary DeCramer, DFL, This warning apathy doesn't surprise Sen.Purteerstand Rep.Kaliswho also
se
Ghent,said the Southwest sector ofthe nate many of the Commission members. Sen. chair the Senate and House Transpor-
hasthehighestnumberofdeficientroadsin Marilyn Lenity,DFL,St.Paul,explained,"I'm tation Committees.
the state,and people are mad. Continued on page 3
^ k
Scott Counter Transportation Coalition
rToSpeak
Another Opportunity
Standing-continued from page 1 Out On Highways
Doug Brown, a Shakopee resitlent antl seemetl to blameanyoneforthe condition of �y +patrolmanwiththe MinnesotaState Highway the roadsbuttook a m9oreprsitive approoach. e $Cott COUnty AreaPatrol System since 1982, said his patrol It sounds as thou h the 'd all su ortarea in Scott and Carver Counties contains extra funding."
the highways with the highest fatality rates of Following the other public hearings missed out on speaking your
any highways in the state.Patrolman Brown around the state, the Commissioners will the publichearing in Shakopee,
cited Highways 101,169,13,5,7,antl 212 as draft a report of recommendations which r chance is just around the
being, "...roads which were Deing strained mus[ be submittetl to the Legislature by to let your concerns be known
for years.Now they're much worse because Feb. 15,1986. over highway conditions in Scott County
of the heavy increase in traffic. We badly The real fest of dedication to the highway and the surrounding area
need an improvement in highways in this issue was posed to Commissioners and The Southeast Area
area" Task Forceofthe
citizens alike at this meeting. Its pre-
_ scheduled date happened to coincide with House Transportation Committee will
_ — - Game#4 of the World Series. Though the be holding a public meeting on Mon.,
-- hearing concluded at 7:25 p.m. and the Nov. 9, at the Chanhassen Dinner
game began at 7:30 p.m., Commissioner Theater.The meeting will be a Dutch-
Purfeerst had been heard to say earlier, treat breakfast buffet beginning at
"Folks, we'll stay here just as long as 7.30 a.m.and isexpected to conclude at
necessary to hear everyone who wants to 9:30 a.m.
e: •. .
speak." That's dedication to transportion. Sponsoring the breakfast are Rep.
Becky Kelso,Dist.36A,the Chanhassen
s� Chamber of Commerce,the Southwest
.b_ Corridor Transportation Coalition and
the Scott County Transportation
t _ Coalition.
Kelso explained that the purpose of
the meeting is to allow individual
Patrolman Doug Brown of the State Highway _ citizens,"the average person who uses
Patrol testified that the highways in his Scott 1 ). Mese roads,to share their perspective
and Carver Countypatrolemashedthehighest .E about the road system with the mem-
fatality rate of any highways in the state.
bars of this committee.It's important for
Other testimony included representatives i - everyone to understand that this is nota
of Ambulance Services who described cars - repeat of the Shakopee hearing which
pulling over to the side of Highway 5 to defer �( was sponsored by a temporary com-
to speeding ambulances but landing in a mission whose purpose will have been
ditch because of the narrowshoulder on this 1 ii fulfilled bythe time the Legislature con-
two-lane road. venes in February.This meeting on the
An Eden Prairie employer told Com- - 9th is being held by a permanent part of
missioners he took his plant expansion and
its accompanying 40 jobs to Norm Carolina the Legislative Transportation Com-
because of traffic problems delaying both mmee. It's an informal, come-and-go
employees and product deliveries. kind of meeting. Anyone interested in
Responding to the testimony. Rep. Bob speaking or listening is urged to
Jensen commented, "I think we all were attend"
impressed by howwell documented thetest- Farmer/Trucker Lothar Wofter described the Although therewlll be a$2 charge for
imony was. The general public knows the inadequate roads in me Shakopee area for the continental breakfast, it is not
issue,their awareness level is high.No one hauling grain. necessary to participate in the meal.
p.
Commission-continued from page 1
not hearing anything from my district, but Rep. Henry J.Kalis,DFL,Walter—"We've funding alternatives it MVET doesn't work
Mat's not unusual since I'm from the city.But always had a user concept in Minnesota,and out,rather than jumping right into gas tax as
regardless, until we come up with a MVET,though not so direct as license plates the only alternative."
proposal,I probably wont hear anything." and gas, belongs with user concept. The
Some mentioned the need for suppport transfer should definitely be greater. Sen. Marilyn Lantry, DFL, St. Paul —"We
from Me Perpich administration.Said Rep. "I keep talking NEED. Concerning im- were told to come up with innovative ways to
Doug Carlson,"I can tell you very simplythat proved roads,the single question is,'Do we fund,and there really aren't any-atax is a tax
If the governor doesn't gal his oar in the need more money for our road system?' is a tax,no matter which way you turn it.I've
water and help us,this being a very political Everyone's saying increase MVET;no one's always favored an MVET transfer, but what
year, and if we don't get an agreement saying we need more money. I feel we do bothers me is where we find the dollars for
amongst theten of usthat's readyto go early need more,but we're not going to cry outfor the General Fund to replace ft?It's borrowing
in the session, we won't have any highway increased taxes." from Peterto pay Paul.Butyes,Irealizewe're
funding this year." going to have to go the MVET route and
Exactly how that agreement will shape up Sen. Gary DeCramer, DFL, Ghent—"The tranter the money for transit. highways,
was not immediately apparent from the problem is for me to talk about increased period.
interviews, 'though they generally agreed funding.My constituents perceive a funding "You need some roads down there(Scott
that the user conceptwas good that MVET's increase in the gas tax as unacceptable. County). I've visited down there, and you
time had come and an increased level of They think MVET is the answer.They thought can't gel there sometimes."
funding was on Me horizon. all along it was going to their roads.So now
they feel deceived. People understand Rep.Bernie Lieder,DFL,Crookston—I just
dedicated funding...They have a healthy at- participated in series of six meetings In my
thuds. We've educated them well. Vehicle district and yes, we hear a real interest in
taxes go to roads, period.So now they feel highways. But everyone's hanging their hat
duped. on the MVET.Some say we need additional
"MVET leaves the question of where to funding,but l think the thing that shakes me
plug the hole. I'm willing to vote for a tax in- up the most is that we don't get media
crease, but only assuming that MVET is coverage on this issue.at least out there.The
transferred as originally intended.I think we people came in from all over for these
should start with 25 percent....It's easier to meetings,we had afull houseand the papers
sell than a5-cent gas tax.Gas tax is the las[ didn't cover h.
ahernative after we go to the wall on MVET." "I'm behind MVET, I carried the bill last
v Fs time,but 1 don't think there's enough in the
r. . Rep. Doug Carlson, IR, Sandstone—"I'm MVET. But realistically, I don't think we can
coming in with my own 3-cemgastax billwith augment or supplement what we take out of
same MVET sluff in it.The bill is going to be the General Fund.
Rep.Becky Kelso,Dist.36A,listens M hercon- more like an omnibus transportation bill. "Everybody in the political process es-
sfifuenfs testily,with Sen.Bob Schmitz Dist W "The Southwest Corridor and rural Min- tablishes it assn important issue but nobody
nesotahavegotthesameproblem.Weneed has ideas for funding."
the market artery system. I think once the
department realizes that we're not going to Rep. Bob Jensen, DFL, Lakeville — "In
come in again and do any funding and they terms of funding,we all support MVET,and
realize that they're going to have to come eventually it should be 100%, but the ques-
back with another$150 million in cutbacks, tion is,what then do we replace it with in the
i r - by that time some People will wake up and General Fund-increase in incometax,sales
they'll scream We have a big investment out tax on fuel or wheelage tax? But there's
i there.....We shouldn't have to wad that long. strong support for MVET;the public thinks it
We could wait another year or two quite belongs there.
honestly, but then it'll all go to pieces, and The funding level must increase - costs
- everyone will yell,"Well what went wrong?" and expectations are going up.I'llsupportan
� .�.. increase in funding through a modest gas
Rep.Arthur Seaberg,IR,Eagan—"Everyone tax or sales tax.I support the user fee con-
The ten-member Commission listens to testi- who has testified(al the Capitol background cept,so I think gas tax is the fairest,though
mony from 35 presenters during the 2 112 hearings)supports the MVET transfer to one it's hard on border cities.
hour hearing. degree or another-100%or partial ranging "The most important thing now is for
between 25 to 50%. I'm for MVET, but I people to write or call.Weneedto hearfrom
Their respective views on various aspects haven't made a determination of folks pro or con"
of the highway funding issue are excerpted whether for Me whole thing or a percentage.
from interviews as follows: "I'd like to explore wheelagetax and other Continued on page
-3-
Bulk R818
U.B.Postage
Scott"only PAID
Shakopee,MN
Transportation Coalition Permit No.213
P.O,Box 153
Shakopee, MN 55379
612-445-3242
John Anderson
City Adininistrator
129 East First Ave.
Shakopee, M 55379
Scott County Transportation Coalition
Membership Categories & Fee Structure Scott County
CORPORATE INDIVIDUAL
Member: S 100.00 $ 15.00 Transportation Coalition
Sponsor: 500.00 100.00
Sustaining: 1000.00 500.00
CHARTER MEMBER: Any one-time payment of Any one-time payment of scon county Board Townships Of:
$5000.00 or more. $1000.00 or more. of commissioners Bene Plane
Blakeley
CNies Of.. Cedar Lake
Bella Plaine Credit River
Elko Helena
Jordan Jackson
New Market Louisville
Commission-continued from page 3 New Prague New Market
Prior Lake St.Lawrence
Lyle Mehrken, IR, Red Wing —"We the public must be ready for higher taxes. Savage Send Creek
have to accept the MVET transfer. I would Before,their priorities called for maintaining Shakopee Spring Lake
accept it with a 2-cent gas tax if that were to rather than fighting for a miss. They were
happen. We cannot continue to finance more interested in increases for education, Chambers Of IiWushial
highways with gas tax- it's out of line with social services,etc.from the MVET." Commerce: commiacions:
Other states. We need a stable funding Prior Lake Prior Lake
source that reacts to inflation - MVET is Be.Keith Langseth,DFL,Glyndan-"Most Savage Shakopee
that people recognize that transportation funding Shakopee
"The Good Roads proposal makes sense- is THE high priority issue of the next year.
Phased-in schedule of 20% MVET transfer think people arewilling to accept agastax as Attractions:
with 2tent gas tax increase, 10% per year long as a good percentage of the MVET is Canterbury Downs Race Track
thereafter till the transfer reaches 100%. 1 transferred Lima Sin Bingo
would like a faster increase, but this would "Ifwe don't keepthe partisan politics outof Murphys Landing
be acceptable." t, we won't have a highway bill. I think h Renaissance Festival
would be afailure Of the legislative process if Valleytak Family Amusement Park
Sen.Clarence Purleerst, DFL,Faribault— we don't have a funding bill this seaaion." Ex-officio Members:
"MVET is my bill,so sure,I'm for it 100%,but Minnesota Department of Transportation
Hennepin County Department of
Transportation
Metropolitan Council
EUMive Committee:
....................fir... Mark Superwall.Scott County
Tired Of Driving Around The Bloomington Ferry Bridge? Commissioner,Chair
Fred Complain.Attractions,Vice-Chair
I'd like to help the¢Mort toward better roads in the south metro area. Bean Norns,Shakopee Chamber of
❑Please add my name to the mailing list. Commerce,Treasurer
Lee Anchor.Mayor.Prior Lake
❑Send me additional information on how I or my company can help. Rod Hopp,Mayor.Savage
❑Enclosed is a tax-deductible contribution for$100 $50 $25 Tim Keane,mdustrad/Commercial
Brad Larson,Scott County Engineer
Name Phone Eldon Reinke,Mayor.Shakopee
Norbert Then,Townships
Company Name
Address Zip
Please make checks payable to Scott County Transportation Coalition.
b
Robert E. Vanasek - Minnesota
Speaker of the House " House Qf -
ass nate INOffice
55 5uaams Re� oEgitatives
St.Paul,2)29 -4 55155 _ gK80p
est 2)zss-azzs
John K. Anderson
City Administrator
City of Shakopee
129 E. First Ave.
Shakopee, MN 55379-1376
Dear John:
Thank you for your letter of October 21st indicating the Shakopee
City Council ' s support for S.F. 1084/H.F. 1163 which would enable
cities to charge development a street access charge.
I agree that this legislation is an important funding tool for
cities, and I want you to know that I do support it. I am also
a co-author of H.F. 1163.
I appreciate your taking the time to contact me regarding this
important legislation.
Sincerely,
Robert E. Vanasek
Speaker of the House
RV:ld
ROBERT J. SCHMITZ
Senator 36th District
6730 Old Hwy. 169 Blvd.
Jordan,Minnesota 55352
Phone: 492-2182 _
Office:
235 State Capitol Senate
St.Paul,Minnesota 65165
Phone: 296-7167
October 29, 1987 State of Minnesota
Mr. John K. Anderson
City Administrator
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
Dear John:
Thank you for sending the resolution from the Shakopee City
Council in support of S.F. 1084 and H.F. 1163.
This idea comes from the Lakeville City Council. You may
recall that we talked briefly about this issue at one of our
monthly meetings with our city officials during the closing
days of the last session. I wanted your views on the bill
before I would begin to pass it through the legislative
process. I am pleased to get your support.
During a hearing on the bill last session the lobbyist for the
Minnesota Multi-Housing Association objected so Representative
Jensen, the House author, and I began to negotiate with them in
order to arrive at a compromise. From what I hear at this
time, there is no major opposition. However, I 'm certain that
there will be some. It will be classified as a new tax so the
usual opposition will be there.
With both Shakopee and Lakeville's support I can tell you that
we will put a good effort into passage in 1988.
Thank you again.
Sincerely,
BR('BERT J. SCHMITZ
State Senator -- District 36
RJS/st
COMMITTEES • Chairman, Local and Urban Government• Rules and Administration•Transportation-
Veterans • Taxes and Tax Laws • SUBCOMMITTEES • Property Taxes and Local Government Aids
COMMISSION:Legislative Commission to Review Administrative Rules
t,.
LAW OFFICES
SCI
KRASS & MONROE
CHARTERED
Phillip R. Kass Marschall Road Business Center
Dennis L.Monne 327 Marschall Road
Barry K.Meyer
Trevor R.Walston P.O.Box 216
Elizabeth B.McLaughlin Shakopee,Minnesota 55379
Susan L Estill Telephone 4455080
Diane M.Carlson
Lyndon P.Nelson
November 2, 1987
Kent A.Carlson,CPA
RECEIVED
Mr. Jan Henry Susee 31J87
Attorney at Law
Richfield Bank Building, 4620 CITY OF SHAKOPG=
6625 Lyndale Avenue South
Richfield, MN 55423
Mr. Norbert B. Traxler
Attorney at Law
222 East Main Street
P.C. Box 105
New Prague, HN 56071
Re: City of Shakopee vs. L 6 D
Excavating and Trucking, at al
Our File No. 1-1373-205
Gentlemen:
Enclosed herewith and served upon you by U.S. Mail please the Findings
of Fact, Conclusions of Law and Order for Judgment of Permanent Injunction rela-
tive to the above-entitled matter.
Very truly yours,
KRASS 6 MONROE CHARTERED
Phillip R. Kress
PRK:ph
Enclosure
cc City of Shakopee
STATE OF MINNESOTA IN COUNTY AND
COUNTY OF SCOTT DISTRICT COURTS
COURT HOUSE 212 10
SHAKOPEE, NN 55379
612 937-6200 (OR)
612 495-7750 EXT. 200 NQIIC
OLT 2 6 1987 Iu THE-UBIIEEQE;.
CASE NUMBER 87-07296
TOI KRASS, PHILLIP R PLAINTIFF -CITY OF SHAKOPEE
327 SO. HARSCHALL RD.7300 VS.
SHAKLEE NN 55379 DEFENDANT - HEGNA, LOUIS
s
BE ADVISED THAT AN ENTRY OF .AIDGMENT DATED OCTOBER 22, 1987, WAS FILED IN THE
OFFICE OF THE COURT ADMINISTRATOR ON OCTOBER 22, 1987, AND A COPY OF SAID JIA9)1ENT IS APPENDED HERETO-
s
I CERTIFY THAT A COPY (F THIS NOTICE NAS SENT TO THE ABOVE ADDRESS BY FIRST CLASS U.S, MAAAIIILL ON 87-10-23-
DEPUTY CLERK
S
/e
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF SCOTTocr 92 �p FIRST JUDICIAL DISTRICT
�, SUBJECT INDEX MATTER NO. 10
Suit for Permanent Injunction
------- -----------------------------------------------------------------------
City of Shakopee, a body
politic and corporate, Court File No. 97- D 72W
Plaintiff,
FINDINGS OF FACT, CONCLUSIONS
va. OF LAW AND ORDER YUK JUDGMENT
L b D Excavating and Trucking,
OF PERMANENT INJUNCTION
Inc. ,a Minnesota corporation;
Don Parrott and Lorraine Parrott, -
husband and wife„ and Louie
Begna,
Defendants.
--------------------'-------_----------_---------_-_------_
The above-entitled matter having come on for a hearing befpre the
undersigned Judge of Scott County District Court, the Plaintiff being
present and represented by its attorney, Phillip R. Brass of Brass 6 Monroe
Chartered, Shakopee, Minnesota, Defendants Donald Parrott and Lorraine Parrott
being present and represented by their attorney, Norbert Traxler of O'Neill,
Trailer & Zard, New Prague, Minnesota, Defendants L d D Excavating and Trucking,
Inc. and Louie Begna making no appearance, the Court makes the following;
FINDINGS OF FACT
I.
That the City of Shakopee is a body politic and corporate which has
adopted through its common council a City Code which consists, inter glia, of
Chapter 11, a Zoning Chapter.
-1-
u.
Said Chapter 11 of the Shakopee City Code includes at Section 11.32 a
definition of and a list of permitted uses for property zoned as light industry
III.
That at all times material hereto Defendants Donald Parrott and
Lorraine Parrott owned land located at and commonly described as 2287 Eagle
Creek Boulevard, in the City of Shakopee, which land was included in the I-1
Zone and subject to the zoning restrictions and requirements thereof.
IV.
That at all times material hereto Defendants L S D Excavating and
Trucking, Inc. and Louie Negna operated a trucking business on the property
owned by the Parrotts located at 2287 Eagle Creek Boulevard, in the City of
Shakopee.
I V.
That the Shakopee. City Code procludes the operation of a bus or
f .
trucking maintenance garage in the I-1 Zone without a conditional use permit.
VI.
No conditional use permit was obtained by the Defendants or any of them
for the operation conducted by L 6 D Excavating and Trucking, Inc.
From the foregoing Findings of Fact, the Court makes the following:
CONCLUSIONS
Plaintiff is entitled to a permanent injunction enjoining and
or allowing the
restraining the Defendants and all of them from operating
operation of any bus or trucking business involving the storage, repair, or
Eagle Creek
maintenance of buses or trucks at the property located at 2287
Boulevard, unless the Defendants comply with all applicable sections of the
-2-
_ . / p
Shakopee City Code including the obtaining of a conditional use permit, if
applicable, under Section 11.32, Subd. 3 of the Shakopee City Code. Vehicles
incidental to a use permitted at 2287 Eagle Creek Boulevard are not prohibited
by this .injunction.
ORDER FOR JUDGMENT
LET JUDGMENT BE ENTERED ACCORDINGLY. -
Dated this ";,A day of October, 1987.
BY THE COURT:
f
Michael A. Young, Jud Dis tr ct Cour[
JUDGMENT
I Hereby certify that the above Findings, Conclusions, and Order
shall constitute the Judgment of this Court.
Dated: October 22, 1987 Court Administrator
Gregory M. Ess
DdPuty
-3-
CI 'T' Y OF SHAKOPEE
INCORPORATED 1870
129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379-1376 (612)4453650' !wy
October 20, 1987 ; •
Sue Sichmeller
Capesius Agency
129 S. Holmes - -
Shakopee, MN 55379
RE: Damage 6 Injury Claim
4th Avenue Project
Dear Sue:
Enclosed is a copy of a letter from Mr. Robert Vierling to S.M.
Hentges 6 Sons, Inc. regarding a damage claim during the 4th
Avenue Project. Mr . Vierling ' s claim against Hentges is for
damage to his vacant property located on the corner of
Sommerville and 4th Avenue as Hentges used the property for stock
piling of earthen materials. The stock pile material is the
private property of Hentges until placed into the project.
Although the City does not condone the use of private property on
a project, it is a common practice in construction. The City
does not become a party to agreements between the contractor and
property owner for rental costs and restoration.
The main purpose of this letter is regarding the last statement
of Mr. Vierling' s letter. Apparently Mt. Vierling slipped on the
edge of the new sidewalk in front of his house prior to the
backfill of the sidewalk. In effect, there is a 4"-6" edge
created along the sidewalk where the form is placed during
construction. Since this edge is existent throughout the length
of the project, it is difficult to provide complete protection
short of barricading the entire project. Attached is a letter
from West Bend Mutual (subcontractor' s insurer) to Mr. Vierling
claiming no liability.
Please notify me if the City is liable for Air. Vierling' s medical
expenses. If you have any questions, please contact me.
Sincerely,
i
Ren Ashf ld
City Eng neer
RA/pmp
CLAIM
cc: John R. Anderson, City Admin.
The Heart of Progr#ss Valley
� f
1�113 -07
Mr. Robert Vierling
221 E. Fourth Avenue
Shakopee, Mn. 55379 Res Illegal Tresspass
and destruction of
S. M. Hentges & Sons, Inc. private property.
1513 Third Avenue West
Shakopee, Mn. 55379
Dear Mr. Hentges, September 3, 87
Enclosed you will find a -bill- Stating the amounts that
you owe me for the destruction of mV property at the corner
of Sommerville and Fourth Avenue.
You illegally tresspassed, being there without permission,
thus destroying my property with heavy equipment, trucks, etc. .
It took weeks before Ken Ashfield could get to you so we
could have a meeting concerning use of my property. At that
time, you promised in an oral agreement that you would put the
property back in its' original condition, and I would not charge.
You violated our oral agreement= therefore, I'm sending
you this bill so that I can again pat the property back in its'
original state.
Twice you`ve tried to make a farce of our agreement by
throwing- grass seed (which grew to weeds only) and straw that
blew about the neighborhood and caused complaints. -
I do not want any phone calls from you because I would
consider it harrassment, since you already know from past com-
munications that nothiLS-can be resolved this way since you've
already reneged twice on our verbal agreement.
I will get the yard and sidewalk, -etc. , done by.-.,.fa reliable
contractor of my own choosing. _
You have twenty days from the receipt of this letter to
pay this billing in full.
I trust you will take it seriously so that we may avoid
charges of illegal tresspass and property damages being filed,
or the obtaining of a court order to tie up your equipment un-
til payment is forthcoming.
Robert F. Vierl'
P.S. This billing regarding the property in no way affects future
consideration for compensation for the injury I received to my
back and leg due to your negligence. I°ve yet to hear from your
insurance company and medical bills are becoming very pressing
as to their payment.
i
Frain Robert F Vierllne
221 E. Fourth Avenue ---
Shakopee Mn 55979 9/31987
To S M Hentees & Sons Inc
Address- 1513 Third Avenue West -
City Shakopee Mn 55979 -
Terms Cash-payment in full
1 Grass sod-lot & b vd.
Maintenance 000.00
2 Back t
Sidewalk on Somme ill
4 Lot Rent for mon s us( d 2 000.0
Replace Sewer & ter 1 800.00 I
6 Punitive
4 i
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7 7
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west bend mutual insurance co.
TWIN CITIES BRANCH OFFICE
October 14, 1987
Robert Vierling
221 E. 4th Ave.
Shakopee, MN 55379
RE: Our Insured! Don-Eve & Sons, Inc.
our Claim t: SDN 0055040
D/L
Dear Mr. Vierling:
This letter is to confirm our teleohone conversation of Octobert 13,
1987 .
Our investigation into your fall and resulting injury is complete.
We find no legal liability on the part of our insured, therefore,
we must at this time respectfully deny your claim.
Sincerely,
Mark Wanninger
Minnesota Branch
Claims Adjuster
MW/pob
cot Home Office
MINNESOTA POLICE RECRUITMENT SYSTEM
813 TWELVE OAKS CENTER • WAYZATA, MINNESOTA 55391
(15500 WAYZAYA BLVD.) • PHONE (612) 475-1771
RFC>�jVfi� ,
Nov, c2987
CITY
THIRD QUARTER NEWSLETTER 0FSIIAKC)HEE
The purpose of this newsletter is to summarize for the Board of Directors
major activities of the MPRS for the period between July 1 and September
30, 1987.
Placements
During the third quarter eight placements were made through the MPRS.
Departments making such placements were Apple Valley, Bloomington, Carver
County, Hastings, Inver Grove Heights and Richfield. In addition, at the end
of the quarter eleven departments were in the process of interviewing
candidates for a total of sixteen positions.
Enclosures
Enclosed with this Newsletter are copies of minutes for the annual meeting
of the MPRS Board of Directors and for the meeting of the MPRS Executive
Committee which followed. (Member communities should consider this
mailing notice of the adoption of next year's annual budget, as required by
the Joint and Cooperative Agreement.) As noted in the minutes for the
Board meeting, it is anticipated that use of a new "ranked" score for
applicants will begin in January. If you have any questions regarding the
System's new scoring process, please contact Larry Thompson at the MPRS
office.
Also enclosed is the MPRS Financial Report for the quarter ended September
30, 1987. Both the cash balance and the cash flow for the System remain
strong. To dace the System has received 91.4% of budgeted revenues, but
has spent only 76.5% of budgeted expenditures.
jy
MINNESOTA POLICE RECRUITMENT SYSTEM
SEPTEMBER 24, 1987 tMEETING
OF THE BOARD OF DIRECTORS
Members-Present
Lloyd Rivers, Apple Valley Daniel Donahue, New Hope
Lynn Boland, Apple Valley Colin Kastanos, New Hope
Kent Michaelson, Bloomington Cathy Wallin, New Ulm
John Carlson, Bloomington Thomas Langeslay, North St. Paul
James Lindsay, Brooklyn Center Michael Kimlinger, Oakdale
Barbara Cox, Brooklyn Center Melvin Kilbo, Orono
Donald Davis, Brooklyn Park - Richard Carlquist, Plymouth
Stuart Anderson, Columbia Heights Dennis Paulson, Plymouth
Leonard Olson, Columbia Heights James Prosser, Richfield
Steven Ahrens, Coon Rapids Jack Erskine, Richfield
Lonnie Haase, Coon Rapids Ron Richardson, Richfield
Carl Meissner, Cottage Grove Howard Rowland, Richfield
Michael Zurbey, Cottage Grove John Spetch, Robbinsdale
James Mossey, Crystal James Staats, Rosemount
Jay Berthe, Eagan James Zelinsky, Roseville
David Sallman, Fridley Donald Hickerson, St. Anthony
William Hunt, Fridley Thomas Brownell, Shakopee
Dean Mooney, Golden Valley Phil Major, White Bear Lake
Daryl Plath, Hastings Greg Orth, Woodbury
Robert Harris, Inver Grove Hgts.
Others Present
Mark Shields, Executive Director, Board of Peace Officer Standards and Training
Larry Thompson, Consultant to the MPRS
President Rivers called the meeting to order at 1:00 P.M. He introduced
Mark Shields, Executive Director of the POST Board, to report on the
Board's Minority Recruiting Project. _
Mark said the Minority Recruiting Project has been a four-year to five-year
effort on part of the POST Board. The Project has been staffed by minority
officers who have been assigned to the Board by various law enforcement
agencies in the Twin Cities area. One accomplishment of the Project has
been a slide presentation, which has been shown to law enforcement classes
and to "target groups" in minority areas.
The POST Board now is trying to work through leaders within the minority
community, in order to promote law enforcement as a desirable career choice
for minorities. One aspect of this effort has been creation of a minority
Police Explorer Post. The Project also has developed a counseling program
for minority law enforcement students.
Larry Thompson then discussed Phase RI of the research project to revise the
MPRS evaluation process. As expected, there was a negative correlation
between applicants' MPRS scores and their oral interview scores. However,
there was a positive correlation between MPRS scores and the group of
applicants who actually were hired. Larry also noted that the data was not
as reliable as normally is desired, since applicants' interview scores varied
greatly among communities.
Larry stated that beginning in January communities will receive two scores
regarding an applicant - a "ranked" score and a "written test" score. An
applicant's "ranked" score is the score which communities should use to
determine which applicants to interview, and it will be the only score used in
most communities. An applicant's "written test" score should be used
following interviews in those communities in which such a score must be
combined with an oral interview score.
Larry next presented the MPRS Proposed Budget for 1988. He noted that
the Proposed Budget contains two funds - an operating fund and a special
projects fund. The latter fund is a means by which reserves can be
accumulated to undertake future research projects.
Larry also noted that the Proposed Budget is based upon a level of forty-five
placements. While he feels that more than forty-five placements will be
made next year, this is the level at which the System comes the closest to
"breaking even". At either a higher or lower level of placements the System
will have greater net income.
;Notion by Donahue, second by Mossey, to approve the MPRS budget for
1988, as recommended by the Executive Committee. The motion passed
unanimously.
Larry next briefly reviewed the policies which have been established for
representation on the Executive Committee. Following a short adjournment,
motion by Mossey, second by Davis, to elect the following MPRS Executive
Committe for 1987-88:
Anoka County Stuart Anderson
Dakota County Lloyd Rivers
Hennepin County Daniel Donahue
" " Richard Carlquist
Ramsey County Donald Hickerson
Scott/Carver Counties Thomas Brownell
Washington County Carl Meissner
Non-Metro Counties Donavon Mickelson
" " Richard Salvatti
The motion passed unanimously.
The meeting was adjourned at 2:00 P.M.
MINNESOTA POLICE RECRUITMENT SYSTEM
SEPTEMBER 24, 1987 MEETING
OF THE EXECUTIVE COMMITTEE
Members Present
Stuart Anderson Donald Hickerson
Thomas Brownell Carl Meissner
Richard Carlquist Lloyd Rivers
Daniel Donahue
Others Present
Larry Thompson, Consultant to the MPRS
President Rivers called the meeting to order at 2:05 P.M.
Motion by Anderson, second by Meissner, to elect Lloyd Rivers MPRS
President for 1987-88. The motion passed unanimously.
Motion by Donahue, second by Brownell, to elect Stuart Anderson MPRS Vice
President for 1987-88. The motion passed unanimously.
Motion by Carlquist, second by Brownell, to elect Daniel Donahue MPRS
Secretary-Treasurer for 1987-88. The motion passed unanimously. ,
Motion by Anderson, second by Meissner, to elect Donald Hickerson MPRS
Deputy Secretary-Treasurer for 1987-88. The motion passed unanimously.
Larry Thompson then briefly reviewed the Committee's past discussion on the
"credit" which is granted to communities which replace an officer hired
through the MPRS who leaves the community within his/her first few months
of employment. Larry said that he feels this policy should apply to any
situation in which an officer leaves a community, which would remove the
MPRS from determining whether or not a separation is "voluntary" or
"involuntary".
Following discussion, motion by Donahue, second by Anderson, to reaffirm the
MPRS policy which grants a 50% placement "credit" to a community
replacing an officer hired through the MPRS who has left the community
within his/her first three months` employment, for whatever reason. The
motion passed unanimously.
The meeting was adjourned at 2:15 P.M.
FINANCIAL REPORT FOR THE
QUARTER ENDED SEPTEMBER 30, 1987
MINNESOTA POLICE RECRUITMENT SYSTEM
BALANCE SHEET -
SEPTEMBER 30, 1987
Assets
Current assets -
Cash in bank $ 13,649.96
GNMA account 21,583.83
Accounts receivable 10.00
Total assets $ 35.243.79
Liabilities and Fund Equity
Liabilities - -
Accounts payable $ 4,176.98
Fund equity -
Contributed capital 1,829.32
Retained earnings 29,237.49
Total liabilities and fund equity $ I5.243.79
CHANGES IN RETAINED EARNINGS -
JULY 1 TO SEPTEMBER 30, 1987
Retained earnings July 1, 1987 $ 36,384.28
Deficit of revenues under expenditures (7,146.79)
Retained earnings September 30, 1987 $ 29.237.49
l2�
STATEMENT OF REVENUES
AND EXPENDITURES
Third Year
Quarter to Date
Revenues
Placement fees $ 5,600.00 $ 29,750.00
Membership fees 14,340.00
Fees charged to applicants 2,590.00 8,645.00
Other income 742.66 748.78
Total revenues $ 8,932.66 $ 53,483.78
Expenditures
Contract for administrative
and professional services $ 11,450.00 $ 28,425.00
Other professional services 18.75 843.75
Scoring of written examinations 1,274.00 4,815.50
Physical agility test monitors 254.44 84956
Rental of facilities 548.40 1,497.20
Telephone expense 205.66 605.32
Postage expense 323.08 834.27
Printing expense 22157 - 832.76
Photocopying expense 226.05 797.40
Advertising expense 971.09 2,270.42
Mileage expense 45.00 133.60
Meeting expense 336.69 336.69
Miscellaneous contractual services 131.50 226.90
Office materials and supplies 67.99 119.89
Testing materials and supplies 5.23 290.78 -
Total expenditures $ 16,079.45 $ 42,919.04
Excess (deficit) of revenues
over (under) expenditures $ (7.146.79) $ 10.564.74
SUPPLEMENTAL TABLE I -
COMPARISON OF ACTUAL AND
BUDGETED RETAINED EARNINGS
9 Mo. 12 Mo.
Actual Budget
Retained earnings, January 1st $ 20,172.75 $ 10,709.00
Excess of revenues over
expenditures 10,564.74 2,400.00
Use of reserved earnings (11500.00)
Reserved earnings, for revision
in evaluation process (9,320.00) (10,300.00)
Unreserved retained earnings $ 19.917.49 $ 2.809.00
SUPPLEMENTAL TABLE R -
COMPARISON OF ACTUAL
AND BUDGETED REVENUES
9 Mo. 12 Mo.
Actual Budget
Placement fees $ 29,750.00 $ 31,500.00
Membership fees 14,340.00 14,000.00
Fees charged to applicants 8,645.00 12,000.00
Other income 748.78 1,000.00
Total revenues $ 53.483.78 $ 58.500.00
SUPPLEMENTAL TABLE III
-
COMPARISON OF ACTUAL AND
BUGETED EXPENDITURES
9 Mo. 12 Mo.
Actual Budget
Contract for administrative and
professional services -
General administration $ 9,310.54 $ 9,800.00
Contacts with hiring members 1,277.91 2,500.00
Testing services 3,876.19 5,400.00
Contacts with applicants 10,689.89 12,900.00
Secretarial services 3,270.47 5,400.00
Other professional services 843.75 1,000.00
Scoring of written examinations 4,815.50 6,600.00
Physical agility test monitors 84956 1,500.00
Rental of facilities 1,497.20 2,500.00
Telephone expense 605.32 1,000.00
Postage expense 834.27 1,000.00
Printing expense 832.76 1,000.00
Photocopying expense 797.40 1,200.00
Advertising expense 2,270.42 3,000.00
Mileage expense 133.60 200.00
Meeting expense 336.69 300.00
Miscellaneous contractual services 266.90 300.00
Office materials and supplies 119.89 200.00
Testing materials and supplies 290.78 400.00
Total expenditures $ 42.919.04 $ 56.100.00
/ 3
CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT
PERMITS ISSUED
October, 1987
Yr. to Date Previous Year
Number Number Valuation Number Valuation
Mo. Ytd.
Single Fam-Sewered 5 34 2,902,500 3 42 3,329, 474
Single Fam-Septic 1 12 1,420,600 3 19 1,780, 650
Multiple Dwellings - 8 4, 570,500 - 4 2, 890, 000
($ Units) (YTD Units) (-) (129) - (-) (100) -
Dwelling Additions 5 60 318, 917 3 46 302,334
Other - 16 354,300 1 7 1,121, 300
Comm New Bldgs - 5 1, 125, 000 1 7 9, 612, 000
Comm Bldg. Addns 1 5 339,000 - 4 942,267
Industrial-Sewered - 1 600, 000 - - -
Ind-Sewered Addns - - - - 3 4, 420, 000
Industrial-Septic - - - - - -
Ind-Septic Addns - 2 167,475 - - -
Accessory/Garages 4 32 192, 117 7 25 131, 050
Signs & Fences 7 56 96,620 9 79 122, 365
Fireplaces/Wood Stove 1 7 18, 100 5 7 13, 777
Grading/Foundation 1 6 57, 900 1 13 439,800
Remodeling (Res) 7 31 181, 305 - 26 72, 125
Remodeling (Inst) - - - - - -
Remodeling (Comm/Ind) 4 33 433,006 5 42 5,596, 215
TOTAL TAXABLE 36 308 12, 777, 340 38 324 30, 773,357
TOTAL INSTITUTIONAL - - - - - -
GRAND TOTAL 36 308 12,777, 340 38 324 30,773,357
No. Ytd. No. Ytd.
Variances 1 15 3 12
Conditional Use - 15 1 25
Rezoning - 1 - 2
Moving 1 3 - 2
Electric 33 221 26 272
Plbg & Htg 24 246 26 281
Razing Permits
Residential - - - 1
Commercial - - - -
Total dwelling units in City after completion of all construction
permitted to date. . . . . . . 4, 170
Cora Hullander
Bldg. Dept. Sec.
/3
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN OCTOBER, 1987
7618 Jeff King 1148 Tyler Alt. 600
7619 Bernard Jeurissen 2967 Marschall Rd. Addn. 4, 900
7620 Clete Link 5101 Valley Ind. Blvd. Alt. 12, 000
7621 Rick Sames 413 E. 3rd Alt. 2, 000
7622 David Foss 403 E. 3rd Alt. 3, 500
7623 Daniel Talcott11 7 Foothill HOuse 70, 000
7624 Signs of Quality 586 Marsch. Sign 700
7625 Northern Plbg. 218 S. Sommerville Alt. 4,600
7626 CertainTeed 3303 E. 4th Ave. Alt. 55, 000
7627 Jim Monnens 1s�250 Emerra}d Lane House 115,000
7628 Gene Goemer 2525 E. 4th Ave. Alt. 1,500
7629 Duane Marschall 1271 W. 6th Ave. Stg. Bldg. 3,300
7630 Signs of Quality 148 Sommerville Sign 100
7631 B & D Development 2330 Onyx D ive House 88, 000
7632 Metro Building 4108Valley Blvd. Addn. 177, 000
7633 Clete Link 1209 Madis9n St_. /J House 60,000
0�`3 B.L. �d�..,t.f"i/w.t,��i.✓ /.c,�'
7634 Elmer Prahm 2021 Maffschall Rd. Alt. 1,200
7635 Signs of Quality 1240 E. 3rd Sign 675
7636 Tom Haugen 2693 Co. Rd. 79 Sign 100
7637 Charles Ries 1257 27th St. Alt. 4,000
7638 Laurent Bldrs -J22344dBerg Dr've House 110,000
7639 Charles Ries 1812 Sshakopee e.--iYl Addn. 16, 000
7640 B. B. Const. 815 West 1st Sign 6, 000
7641 Hendrickson Prop. 100 N. Market Alt. 12, 000
7642 Void
7643 Mike Mikunda 232 Marschall Rd. Sign 100
7644 Rent Busch 1015 E. Shakopee Ave. Garage 7, 000
7645 Ralph Goode 2450 Muhlenhardt Rd. Stg. Bldg. 2, 350
7646 Joseph Plekkenpol 1173 Monroe St. Alt. 5, 000
7647 Joseph Plekkenpol 1173 Monroe St. Fireplace 3, 000
7648 Steve Drazan 2082 West 12th Fence 2, 000
7649 Sussel Corp. 429 E. 3rd Ave. Garage 6,000
7650 Clete Link 1440 West 3rd Foundation 1, 500
7651 Robert Jasper 1044 Madison St. Addn. 7,500
7652 Void
7653 Void
7654 Houghton Const. 1266 Emera d Lane House 97,200
7655 Steve Schneider 1133 Monroe St. Addn. 12,500
7656 James Geis 406 E. Shakopee Ave. Addn. 25,000
SHAKOPEE COMMUNITY RECREATION /
BOARD MEETING MINUTES - OCTOBER 19, 1987
The Meeting was called to order at 7:00 p.m. by Chairperson Rislund in the
Shakopee Community Recreation Coard Meeting Room.
Present: D.Roper, J.Carlson, P.Rislund, L. Wermerskirchen and P. Sheldon.
Absent : John Leroux.
Staff . G. Muenchow, Director; M. McQuillan, Program Supervisor; R. Lewis,
Receptionist.
Others : Gayden Carruth, Superintendent ISD /720
Motion by Sheldon/Wermerskirchen to approve action on the Consent Businese, with
the exclusion of 7b where Muenchow gave a progress report on the athletic fields
re-conditioning plans. Subject was discussed at the Shakopee Youth Baseball/
Softball Association Evaluation Meeting, September 23, 1987. A request for
funding will be presented to the Shakopee Lions Club on October 2191987. Carried.
Motion by Sheldon/Wermerskirchen to approve the September 21, 1987 Meeting Minutes.
Motion carried. (Approved under Consent Business).
Motion by Sheldon/Wermerskirchen to approve the Financial Report. Motion carried.
(Action approved under Consent Business).
Motion by Sheldon/Wermerskirchen to approve the Outstanding Bills. Motion
carried. (Action approved under Consent Business).
Radio Shack 1 IBM Version of Print Shop $ 59.95
Minnegasco Current billing for SCR Office 4.69
International Office 1 Copier Maintenance w/o toner @ $85 plus 250.05
Systems copier maintenance (add'1 copies) 8,667 @
.0190=$165.05. Inv. 015603.
International Office 1 cs. Multi-Machine Toner (Black) @ $85 plus 87.34
Systems freight of $2.34. Inv. 030180.
Business Outfitters, Inv. 8's 0001480,0001452 6 0001547 for office 88.84
Inc.
Halogen Supply Co. 100 - 1720 Brass Checking Tags Plain w 3/16" dia. 21.67
Inc. hole @ $20.35 plus shpg of $1.32.
Cy's Standard Service 29.17 gal. Regular Non Leaded gasoline purchased 32.00
on 9/21/87 and 9/24/87, respectively. (Staff
auto).
City Of Shakopee Fall check-up per invoice from Assoc. Mechanical 45.00
Contractors, Inc. Inv. 3145.
Triarco Arts 6 Crafts Inv. 250794. Supplies for Arts 6 Crafts Program 54.87
ran on Saturday mornings.
City Of Shakopee Inv. /3149. Fuel usage-Sept 1987 Unleaded 36.4 26.00
gals. @ $.8025.
Community Education Re-imbursement: Printing Fall Brochure (5700 400.95
ISD 8720 copies) 3-1/8 pgs. @ $128.30.
505 So. Holmes St.
ISD 8720 Printing of 200 coverstock @ .022 - $4.40. 4.40
U.S. Postmaster 4 rolls 22C stamps for SCR Office usage. 88.00
N.W. Bell Telephone Current charges for SCR Office. 112.40
Ms. Ronda Beaupre Instr. Fee: Beg. Dog Obedience 166.25
$9.50/hr. for 17.5 hrs. 14. + 3.5 prep time,
Brad Ragan, Inc. 2 Arrive WW RP Goodyear Tires @ $39.48/ea. 78.96
Duebers 1 scrapbook for SCR usage @ $4.98 plus 1 set of 6.96
extra scrapbook pages @ $1.98.
Mark J. McQuillan Reimbursement to Mark J. McQuillan for expenses 69.05
Shakopee Tire S Auto Repair Staff Automobile: Mount two tires, 55.00
balance, adjust steering.
Mark J. McQuillan September mileage expense of 111 mi. @ $.21/mi. 23.31
TOTAL $1,675.69
Motion by Sheldon/Wermerskirchen to approve the correspondence received from
Eileen Moran, Director Scott County Human Services and to place the above
in the SCR files For future reference. Motion carried. (Action approved
under Consent Business).
Motion by Sheldon/Wermerskirchen to approve the Staff Report. Motion carried.
(Action approved under Consent Business).
Shakopee Community Education Advisory Council Report was given by Wermerskirchen.
She stated that 18 people attended the first meeting. Meeting theme was;
"To Touch A Child". Next meeting will be held Thursday, November 19, 1987.
Subsequent meetings will be held the second Thursday of the month.
Motion by Sheldon/Roper to approve the Director's Appraisal Report Form as
submitted. Motion carried.
Equipment Usage Guidelines (Goal #12) was deferred until the November meeting.
Thanks to Volunteers (Goal #11) was discussed. Staff will research names of
SCR volunteers and submit a list for Board input at the November Board Meeting.
After Board input is received regarding any forgotten names, a Thank You card
will be mailed to the list of SCR volunteers. This will be done on November 24.
Fees Information Pamphlet (Goal #24) was submitted for reviewal. Motion by
Roper/Carlson to approve Fee Information Pamphlet as revised. Motion carried.
Carson City Halloween Party for Grades 7-8 6 9 was discussed briefly. Registration
forms to be delivered to Shakopee Jr. High and Sacs on Wednesday, Oct. 21, 1987.
Each student will pay a $2 fee.
Under Other Business, a tape recorder was requested to be used at the Shakopee
Community Recreation Board Meetings. This would alleviate numerous unnecessary
questions regarding meeting minutes. Staff to investigate this item further
including if there would be chance of using a loaner for a trial period.
Chair Rislund thanked McQuillan for an excellent report on the National Recreation
and Park Association Convention held in New Orleans, La.
Motion by Carlson/Sheldon to adjourn. Motion carried. Next meeting to be
held November 16, 1987, 6:30 p.m. at the Shakopee Valley Motel meeting rooms
#2 and #3.
Respectfully
submitted,
Dean Roper, Secretary
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in regular session on
October 5, 1987 at 4:30 P.M. in the Utilities meeting room.
MEMBERS PRESENT: Commissioners Kephart, Cook and Kirchmeier. Also Manager
Van Hout, Liaison Wampach and Secretary Menden.
Motion by Kephart, seconded by Kirchmeier that the minutes of the August 31,1987
regular meeting be approved as kept. Motion carried.
BILLS READ:
City of Shakopee 20,032.00
A T S T 18.57
American Public Power Association 285.00
Auto Central Supply 99.67
American Test Center 545.00
Berens 240.51
Business Outfitters, Inc. 10.71
City of Shakopee 684.97
Battery and mire Warehouse, Inc. 49.40
Burmeister Electric Company 1,010.56
City of Shakopee 424.34
Carlson Hardware Company 74.80
Clav's Printing Service, Inc. 202.05
Cornhusker Hotel 212.63
Dunning Hardware 17.14
Ditch Witch of Minnesota 1,842.76
Excel Office Products 70.36
Feed Rite Controls, Inc. 50.22
Fresco, Inc. 495.92
Glenwood Inglewood 17.55
Graybar Electric Supply Co. 12,353.58
Mary Henderson 30.21
Harmons Hardware 129.05
H s C Electric Supply 684.00
Howard Industries 4,266.00
Ken's Steel Door Repair 430.11
KAR Products, Inc. 146.58
Krass and Monroe Chartered Law Offices 183.50
Link Print 202.50
Lee' Bros. , Inc. 20.00
Vince Marschall 107.35
Minnesota Environmental Quality Board 231.57
Motor Parts Service Co. , Inc. 78.68
Minnesota Municipal Utilities Association 210.00
Minnesota Valley Testing Laboratories 54.40
Munitech Inc. 177.10
Northwestern Bell Telephone Inc. 251.56
Northern States Power Co. 320,159.42
Northern States Power Co. 886.19
Northern States Power Co. 332.32
Ted Neisen 266.70
Otter Tail Power Company 315.51
E.L.Prahm, Builder 3,802.50
Reynolds Welding Supply Co. 6.82
A.G. Read and Company, Inc. 321.73
Rockwell International 181.25
Southwest Suburban Publishing, Inc. 171.76
State of Minnesota Department of Labor and Industry 25.00
Shakopee Public Utilities Commission 218.18
Scott County Surveyor's Office 8.00
Shakopee Services, Inc. 52.00
Starks Cleaning Services 53.40
Scott County. Sheriff's Communications 439.60
Schoell and Madson, Inc. 4,705.45
Twin City Water Clinic Inc. 180.00
Total Tool 839.87
Valley Industrial Propane, Inc. 22.05
North Star Waterworks 53.22
Thomas Siebenaler 696.40
Ken's Steel Door 1,826.92
Motion by Cook, seconded by Kirchmeier that the bills be allowed and ordered
paid. Motion carried.
An invitation to the Lions Club 25th Anniversary Banquet was acknowledged as
well as an invitation to the Chamber of Commerce celebration of their tourism and
convention building.
Scott County Court Services sent an invitation to their lst annual court services
appreciation dinner.
An increase in our health insurance costs for the upcoming year beginning Sept.
15, 1987 was discussed briefly.
Ken Ashfeld and Manager Van Bout will be meeting in the coming weeks regarding the
costs for oversizing on County Road 17, Heritage Additon and 13th Avenue.
Manager Van Hout reported that Vince Marschall has notified us of his retirement.
The Commission was advised of a planned unit development on the Shakopee Valley
Campground.
There were 6 fire calls for a total man hours of 3 hours and 35 minutes for the
months of August and September, 1987.
Manager Van Bout reported on an injury to Crew Foreman Mary Athmann.
The next regular meeting of the Shakopee Public Utilities Commission will be held
on November 4, 1987 at 4:30 P.M. in the Utilities meeting room.
Motion by Kirchmeier, seconded by Cook that the meeting be adjourned. Motion
carried.
iarbara Menden, Commission Secretary
PROCEEDINGS OF THE
DOWNTOWN AD HOC COMMITTEE
Regular Session
City Hall Council Chambers
October 14, 1987
Chairman Laurent called the meeting to order at 8:00 a.m. With
the following members present: Gary Laurent, Jim Stillman, Terri
Forbord, Melanie Kahleck, Joe Topic and Jerry Wampach. Members
absent: Bill Wermerskirchen, Pete Sames, Tim Keane and Harry
Koehler. Also present were Barry Stock, Administrative
Assistant, John Anderson, City Administrator and Dennis R. Kraft,
Community Development Director.
Stillman/Topic moved to approve the agenda as submitted. Motion
carried unanimously.
Stillman/Forbord moved to approve the minutes of the September 9,
1987 meeting as kept. Motion carried unanimously.
Mr. Stock reported that at the last meeting the Committee
requested City staff to investigate a 70 ff/30 sq. ft. adjusted
front foot formula as compared to the square footage assessment
formula and the currently proposed 70 ff/30 sq. ft. assessment
policy. Mr. Stock noted that analyzing the adjusted front foot
method and reviewing the results of applying this new method, he
did not find it necessary to elaborate further on the square
footage assessment formula. He reported that the square footage
assessment method has an adverse effect on property owners with
parking areas and the idea of giving credits to these parcels
does not seem appropriate due to the fact that at some future
date the parking lots could be used for building expansions.
Mr. Stock discussed the differences between the square footage
assessment method and the adjusted front foot/square foot
assessment method as applied to the parcels within the downtown
area. Mr. Stock noted that both the square footage assessment
policy and adjusted front foot/square foot assessment policy
eliminated the inequities between a typical lot owned by one
property owner as compared to a typical lot that is split into
four separate parcels. Mr. Stock went on to state that the
adjusted front foot formula does not place an undue burden on
properties with parking lots.
Mr. Forbord requested staff to explain the difference between the
adjusted front footage formula vs. the currently proposed 70/30
assessment formula. Mr. Stock stated that the current assessment
proposal simply utilizes the shortest front footage and property
area in the assessment calculation. The adjusted front footage
method determines the fractional amount of each parcel frontage
as compared to a typical lot configuration. In other words, a
ratio is applied to each parcel and multiplied times what would
be the typical front footage to give you the adjusted front
footage for each parcel.
Mr. Ashfeld stated that the City has adopted a general assessment
policy that includes a method for the adjusted front footage. He
stated that this policy was normally used when there were
inconsistencies with a normal front foot assessment method. He
went on to state that this method is generally used when you have
properties of varying geometric shapes. Mr. Stock noted that
application of the adjusted front footage assessment method
increases a typical lot by approximately $327. Mr. Wampach
questioned how many property assessments would be reduced by
applying the adjusted front footage method. Mr. Stock noted that
there were approximately 30 parcels that would receive a
reduction in their assessment. In other words, these parcels
were not treated equitably under the old 70 ff/30 sq. ft.
assessment policy.
Forbord/Stillman moved to adopt the adjusted 70 ff/30 sq. ft.
assessment method to replace the old 70 ff/30 sq. ft. assessment
policy. Motion carried unanimously.
Mr. Stock reported that in August of 1987 the Downtown Committee
approved a set of design standards for the rehabilitation of
existing structures in the downtown area. At that time the
Committee requested staff to develop a set of design standards
for new construction in the downtown area. Mr. Stock reported
that staff has developed a set of guidelines for new and infill
construction that were based on similar standards followed in the
community of Hastings. The design guidelines as drafted
encourage the developer to maintain the design integrity of the
surrounding properties if at all possible. Staff is recommending
that the design standards be approved and incorporated into all
City incentive programs that may be developed for use in the
downtown area. Mr. Laurent suggested that Section 4, 2.C. be
changed to read: "Horizontally, the facade should be massed in
increments to approximate those of the surrounding area. " Mr.
Laurent then questioned whether the design of the proposed city
hall meets the proposed design standards. Mr. Anderson stated
that the building as proposed was designed for two sites and as
such does not strictly meet the downtown design standards as
proposed. If in fact the city hall is placed in the downtown
area, the building exterior would be modified accordingly. Mr.
Anderson then stated that the City Council was holding a special
meeting to discuss whether or not the City Hall referendum should
be taken off the ballot at this time. The findings of a
consultant survey show that Shakopee residents are not in favor
of levering for a new city hall at this time. Mr. Anderson
stated that is likely that the site issue would remain on the
ballot.
Mr. Forbord questioned who would be responsible for enforcing the
downtown design standards. Mr. Stock stated that since the
Community Development Department is responsible for the City
incentive programs that they would be responsible for monitoring
application of the downtown design standards. Mr. Forbord
questioned if there was any way for the City to control and apply
these standards to all development within the downtown area. Mr.
Stock stated that it was possible for the City to adopt a zoning
ordinance to reflect these design standards but that staff is not
recommending that course of action at this time. Mr. Kraft
stated that incorporating the design standards in to ordinance
was more of a political question then a legal questions. Ms.
Kahleck questioned the point of . the design standards if
developers could build contemporary type buildings in the
downtown area. Mr. Anderson stated that staff felt comfortable
that the City could set the tone for development in the downtown
area if we can get several property owners interested in
rehabilitating their existing buildings with City incentive
monies. Mr. Anderson stated that he did not think the City
should get more restrictive then the currently proposed design
standards. Once there is a demand to develop in our downtown
area, then the City could consider making the design standards
mandatory.
Forbord/Topic moved to recommend to City Council that the
downtown design standards for new and infill construction be
adopted as amended and incorporated into all City incentive
programs that may be developed for use in the downtown, area.
Motion carried unanimously.
Mr. Stock then reported that staff has drafted a revolving loan
program that will provide low interest loans for property owners
interested in the rehabilitation of their buildings. The
revolving loan program as proposed provides for financing of 50%
of the total loan requested by the property owner not to exceed
$50,000. Interest rate for the program would be 3$. The program
would be ongoing. As loans are being paid, the funds are placed
back in to the revolving loan pool. Funding for the program
would come from the following sources: 1. Assessments that were
originally deferred and paid with tax increment dollars, 2.
State Grants, 3. Foundation Grants and 4. HRA Reserve Fund. Mr.
Forbord questioned what the length of the loan term was. Mr.
Stock stated that the maximum loan term was 10 years. Mr.
Forbord questioned availability of the proposed funding sources.
Mr. Stock stated that at this time there were no funds presently
available to initiate the program. However, if the Starwood
Amphitheater is constructed there would approximately $50,000
available for the program. Mr. Stock stated that State programs
and grants may also be available but that in order to apply for
these programs it is necessary that you have a revolving loan
program in place. Discussion ensued on whether or not the local
banks would be interested in participating in this type of
program. Mr. Stock stated that he would contact several of the
local banks in Shakopee to discuss this program and their
willingness to become involved in the program. Mr. Wampach
questioned whether or not second mortgages would qualify as
property owner equity for the participants share in the program.
Mr. Stock noted that subdivision D-2 states that the applicant
shall provide a mortgage on the building as security for the
loan. Therefore, a second mortgage would not meet the owner
equity portion of the financing.
Mr. Hennen stated that he felt this type of program would
encourage redevelopment in the downtown area. However, he
questioned how the County Assessor would look at the improvements
when determining the new assessed value. Mr. Topic stated that
in properties that he has redeveloped, the assessed value for the
property has increased in proportion to the amount of
improvement. It was the consensus of the Committee to invite the
County Assessor to our next meeting to address this issue in
greater detail. The Committee also suggestedthat staff meet
with local lending institutions prior to our next meeting.
Forbord/Stillman moved to table action on the revolving loan
program until our next meeting. Motion carried unanimously.
Mr. Laurent then stated that on October 6, 1987 he attended the
city Council meeting to discuss the Committee's role in
encouraging downtown development. Mr. Laurent summarized the
Downtown Committee's resolution to the City Council which
requested approximately $10,000 to complete a new market analysis
of the downtown area, a reconfirmation of the land use plan as
proposed in the 1984 Downtown Revitalization Plan and Downtown
Committee's ability to review all projects in the downtown area
that utilize City incentive programs. Mr. Laurent stated that
the Council approved the recommendation of the Downtown committee
with the exception of the $10,000 to update the downtown
marketing study. He felt that timing on this issue was bad and
that the Downtown Committee should seek ICC conformation of the
Downtown Committee's recommendation for an updated market
analysis and approach the City Council with this issue at a later
date.
Mr. Stock then shared with the Committee two sign proposals that
he has received to advertise the redevelopment of the downtown
area. He is not recommending either of the signs at this time
because he will be requesting the Chamber of Commerce to consider
funding the signs. The location for the signs has also not been
determined at this time.
Mr. Anderson presented an example of some banners that could be
placed throughout the downtown during the winter season that
could be put up when the existing summer banners are taken down.
It was the consensus of the Committee that this was a good idea
and should be pursued by the Chamber of Commerce.
Discussion then ensued on winter snow removal in the downtown
area. Mr. Stock stated that several property owners have
contacted him and are concerned about this issue. Mr. Anderson
stated that the Public Works Department is considering how to
resolve this issue and is investigating whether or not it would
be cost effective to receive proposals for contracting out the
snow removal in the downtown area. Another alternative would be
for City staff to maintain the sidewalk areas. This would
require the acquisition of some new equipment.
/7
COMMUNITY DEVELOPMENT COMMISSION
City Council Chambem
Shakopee, MN
October 28, 1987
MEMBERS PRESENT: Tim Keane
Don Koopmann
Terry Joos
James Plekkenpol
Jane DuBois
MEMBERS ABSENT: Al Furrie
-- Bud Berens
STAFF PRESENT: Barry Stock, Administrative Assistant
Dennis Kraft, Community Development Director
Chairman Keane called the meeting to order at 5:15 p.m.
Plekkenpol/Joos moved to approve the minutes of the October 7,
1987 meeting as kept. Motion carried unanimously.
A brief discussion took place regarding the Star City Reception
that was held on October 22, 1987. It was the consensus of the
Commission members that the Star City Reception was a success.
The Commission commended Mr. Stock and the Canterbury Inn for
their fine work in preparing and planning the event.
The Commission then discussed the draft newsletter as prepared by
staff. In general the Commission felt that the format was
adequate. Mr. Keane stated that he would work on a logo for the
newsletter. Mr. Joos stated that he would like to see more use
of white space and clip art in the newsletter. Mr. Stock stated
that he planned to incorporate those elements when the piece was
type set. The Commission then went through the newsletter and
made numerous suggestions to improve it's text. Commissioner
DuBois questioned whether or not the public would have the
capability of responding to the issues as presented in the
newsletter. Mr. Stock stated that in the newsletter text he
openly suggests that residents contact staff is they have a
specific question regarding the newsletter content and potential
stories for the newsletter.
After a lengthy discussion on the newsletter content, the
Commission discussed the method of circulation. Mr. Stock
reported that he was recommending circulation via the Shakopee
Mint and the Chamber of Commerce Newsletter. commissioner DuBois
stated that she did not think the Mint was widely read by
Shakopee residents. Mr. Stock stated that he was recommending
the Mint because it reached an additional 1000 homes in the
Shakopee area. However, he stated that he agreed with
Commissioner DuBois and stated that the Commission should review
this issue very carefully. It was the consensus of the
Commission that the Shakopee Valley News was a better source of
circulation and that while every home might not receive the
Shakopee Valley News it would be a better source of distribution
as compared to the Shakopee Mint. Commissioner DuBois questioned
where the funding would come from for producing and distributing
the newsletter. Mr. Stock stated that there was $5,000 budgeted
in the Community Development Commission Budget for this type of
activity. Commissioner DuBois then questioned whether or not
proceeding with the newsletter would interfere with any of the
other marketing plans of the Commission. Mr. Stock stated that
in his opinion the newsletter would compliment the activities
currently planned for the Community Development Commission in
1988. However, it is true that proceeding with the newsletter
concept would reduce the Community Development Commission's
promotional budget. He went on to state that the approximate
cost for producing the newsletter and distributing it in the
Shakopee Valley News would be approximately $350 per issue. This
totaled approximately $1,500 per year assuming that the
newsletter is published quarterly.
Joos/Plekkenpol moved to request the Shakopee City Council to
approve the "Development In -sight" newsletter concept with
funding provided from the Community Development Commission
budget. Motion carried unanimously.
Mr. Stock then distributed a copy of the Community Development
Commission's 1988 budget for their information.
Commissioner DuBois questioned whether or not the Community
Development Commission could receive copies of the City Council
minutes. Mr. Stock stated that when Ms. DuBois brought this
issue up over a year ago he investigated the matter. He went on
to state that it was not City policy to distribute the minutes of
the Council meetings to all the Commissions in Shakopee. At this
time the only Commission receiving the City Council minutes is
the Planning Commission. One of the reasons why Council does not
distribute the Council minutes to all the Commissions is because
they are published in the Shakopee Valley News. Commissioner
DuBois stated while this is true, the minutes as published in the
Shakopee Valley News are often two months after the fact. She
stated that she would like to receive the minutes in a timely
manner. Mr. Stock stated that if the Commission as a whole would
like to receive the minutes he suggested that they do so in the
form of a motion requesting City Council to consider their
request.
DuBois/Plekkenpol moved to request City Council to direct the
appropriate City officials to distribute copies of the City
Council minutes to the Community Development Commission. Motion
carried unanimously.
Plekkenpol/DuBois moved to adjourn the meeting at 6:55 P.M.
Motion carried unanimously.
Barry A. Stock
Recording Secretary
TENTATIVE AGENDA
Downtown Ad Hoc Committee
City Hall Council Chambers
November 18, 1987
Chrmn. Laurent Presiding
1.
Call to Order at 7:30 A.M.
2.
Approval of Agenda
3.
Approval of the Minutes - October
14, 1987
4.
Huber Park Trail Improvement Project
5.
Downtown Snow Removal Policy
6.
Informational Items:
a. Downtown Revolving Loan
Program
b. Downtown X -Mas Lights
7.
Other Business
a. Next Meeting: December
9, 1987
b.
8.
Adjourn
Barry A. Stock
Administrative Assistant
CITY OF SHAKOPEE
IF YOU ARE UNABLE TO ATTEND THE MEETING
PLEASE CALL BARRY OR TONI TO LET THEM KNOW
Note Meeting Time: 5:00 P.M.
TENTATIVE AGENDA
Community Develo ment COmmi$sion
City Hall Council Chambers
November 18, 1987
Chrmn. Keane Presiding
1. Call to order at 5:00 P.M.
2.
Approval
of the minutes - October 28, 1987
3.
1988 CDC
Day - Brainstorming
4.
January
CDC Newsletter - Focus
5.
Economic
Development Update: (verbal)
a.
13th Avenue
b.
Downtown Mini By -Pass
C.
Meadows 1st Addn - Final Plat
6.
Informational
Items: (Verbal)
a.
City Council Minutes
b.
CDC Newsletter
C.
7.
Other Business
a.
Next Meeting - Wednesday, Dec. 16, 1987
b.
8. Adjourn
M
Barry A. Stock
Administrative Assistant
CITY OF SHAKOPEE
Please call Barry or Toni at 445-3650
if you cannot make the meeting.
Note Meeting Time: 7:00 P.M. n'I
TENTATIVE AGENDA
Energy and Transportation Committee
Shakopee, Minnesota
November 19, 1987
Chrm. Ziegler
Presiding:
1.
Roll Call
at 7:00 P.M.
2.
Approval
of Minutes - September 24, 1987
3.
Action Items
a.
Home Energy Check -Up - Participant Eligibility
b.
Van Pool Request for Proposal Specifications
4.
Discussion Items
a.
Energy and Transportation Committee Mission and
Function (verbal)
b.
S.W.M.T.C./City of Shakopee Transit
Agreement - Update
C.
Home Energy Check -Up Marketing Program
d.
Reverse Van Pool Marketing Program
e.
Van Pool Party (Verbal)
5.
Informational Items
a.
Downtown Mini By -Pass (Verbal)
b.
Dial -A -Ride Monthly Report
C.
Van Pool Monthly Report
d.
Dial -A -Ride Summer Evening Hours Ridership Report
e.
Container Deposit Legislation
6.
Other Business
a.
Next Meeting -Thursday, December 17, 1987-7:00 PM
b.
7. Adjournment
Barry A. Stock
Administrative Assistant
CITY OF SHAKOPEE
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SHAKOPEE COALITION
MEETING MINUTES - NOVEMBER 5, 1987 NOV I 21987
The Meeting was called to order at 7:00 AM by Chairman DrG"(0F1SJ4A �Vpfgizen's
State Bank Community Room. _ YCt
Member's Present: Gary Laurent (rotary Club), Barry Stock (City Of Shakopee);
Joan Salter (Food Shelf), David Hart (Extension Service),
Rev. Steve Homburg (Ministerial Association), Debra Bates
(Community Education), John K. Anderson (City Of Shakopee),
Lisa Walker (St. Francis Regional Medical Center), Brian
Norris (Citizen's State Bank), Barb Richardson (St. Francis
Regional Medical Center), and George Muenchow (Shakopee Community
Recreation).
Ms. Barbara Weckman has introduced and acknowledged as the Coalition's "Volunteer
Of The Month", an honor extended periodically by the Coalition in recognition of
outstanding volunteerism zexempilfiea in memory of the late Don Schultz. Ms. Weckman
is a student at the Shakopee Sr High School and has given extensively of her talents
through various ways, particularly through the Scott County 4H Program. She is
actively involved in a service unit that is available to give help where needed.
She personally made it possible for a dance to take place for some of the "special"
people of the county. Barbara's mother also was present during this presentation.
The award includes a $50.00 Savings Certificate made possible by the Citizens
State Bank.
Joan Salter reported on behalf of the Food Shelf:
a. In Scott County in October 155 families were served (751 individuals).
b. In Shakopee in October 57 families were served (187 individuals).
c. With their new quarters they now are more able to work on a one on one basis
with recipients, which has the potential of opening doors to further kinds of
help.
d. Food Shelf hours are 12-3, M T F, and 4-7 W.
e. During the Holiday Project (meals for deserving familys) they will be able to
use a portion of the Minnesota Valley Mall (formerly Capone's) for gathering
and storing donations.
John Anderson provided a report on Economic Development:
a. The 13th Avenue Street project has been "let" and eventually will provide access
between County Rd 17 and 16, just south of -the Jr Nigh School.
b. Heritage Subdivision is under way just south of Hauer Addition. There will be
70 lots.
C. Meritor Subdivision which eventually will have 350 units, has been approved
with an initial phase of 40 units. It is between County Rd 17 and Spencer St.
(extended) east of the Sr N.S.
d Downtown Project First Phase is about completed. There have been lots of
compliments received.
e. The right turn project at First and Holmes has greatly helped to speed up
traffic.
A smorgasboard of comments and reports followed.
a. Debra Bates reported that a Defensive Driving Course for Sr. Citizens conducted
by Community Education S Human Services was taken by 55 people (with a waiting
list), which allowed for a 10% reduction in their auto insurance premiums. A
similar course will again be offered in spring. She also will be attending a
National Community Education Conference in Minneapolis Decemver 3-5.
b. John Anderson stated that the Shakopee Convention 6 Tourist Bureau is on
track regarding projected receipts for the year from the hotel/motel tax
and as a result will soon be advertising for a Director in cooperation with
the Chamber of Commerce.
C. Lisa Walker shared that St. Francis now has new owners and the transition
has been very smooth.
d. Barry Stock reported that Shakopee Dial -A -Ride will soon be expanding to
Chaska and that a contract is being written to establish regular routes.
The City, using grant money, is introducing a Home Energy Audit Program which
will be very helpful to residents and is free.
e. Suggestions for speakers were: Franciscan Sisters and other hospital staff,
Al Frechette (local waste management), and the Metro Waste Commission.
f. There was a discussion on local re -cycling with agreement that a more concerted
effort upon the part of everyone is needed, but that this probably won't happen
until it hits one pocket book. John Anderson further pointed out that there
is a magic upper limit that people are willing to pay and that after they find
other means: example - H.S. students parking on street rather than paying
recently established High School parking lot fee.
The meeting was adjourned at 8:05 AM.
The next meeting is December 3, at 7:00 AM. The meeting will include presentation
of a special subject plus discussion of the possibility of establishing a different
meeting time. All members are requested to make a special effort to be present!
Respectfully submitted,
George F. Muenchow, Seery.
TENTATIVE AGENDA
ADJ.SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 17, 1987
Mayor Reinke presiding
1] Roll Call at 7:00 P.M.
2] Liaison Reports from Councilmembers
3] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
43 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.)
*53 Approval of the Minutes of October 20, 1987 and November 4, 1987
61 Communications: (Items noted for consent will be received and filed)
a] League of Mn. Cities re: League Cooperative Efforts with
Property Tax Reform Project
b] Mark McNeill, City of Savage re: Starwood Music Center traffic
c] Doc Muralt, Shakopee Chamber of Commerce re: decorating new
trees for Christmas season
d] Bruce Malkerson, Scottland Inc. re: Starwood Music Center
e]
71 Boards and Commissions:
Community Development Commission
*a] Request to Receive City Council Minutes
Planning Commission
b] Final Plat of Meadows 1st Add'n. (Canterbury Estates) lying
So of 11th Avenue and East of CR -79 - Res. No. 2833
c] Amending Subdivision Ordinance Re: Park Dedication Exemptions
*d] Proposed Sale of A Portion of Prairie House Add'n. to the Fish
and Wildlife Service - Res. No. 2836
8] Public Hearings: None
91 Reports from Staff: (Council will take a 10 minute break around 9:00)
a] Issuance of $$9,000,000 Tax ExemptRevenueBonds - Res. No. 2835
b] Appointment to Planning Commission
c] Downtown Streetscape Project - informational
d] Speed Limits in Alleys
*e] 1987 Pavement Preservation Overlay Project 1987-11: 1) estimate
voucher #3 and 2) change order #1
TENTATIVE AGENDA
November 17, 1987
Page -2-
9] Reports from Staff continued:
Delete f] Contract for Engineering Services Final Design TH-169 River
Crossing and Mini Bypass
*g] Payment for Engineering Services - Review of Traffic Im_oact
Analysis Starwood Music Center
*h] Contractor Winter Assistance
i] Approval of Bills in Amount of $686,922.79
*j] Police Firing Range Agreement
k] Licensing Amusement Devices
11 On Sale Sunday Licuor Sales Prior to 12:00 Moon
*m] Permanent Part -Time Clerical Position
n] O'Dowd Lake Aerators
101 Resolutions and Ordinances:
a] Res. No. 2832, Appreciation to Jim Weeks
b] Res. No. 2817, Adopting the 1988 Budget
*c] Res. No. 2834, A Resolution Following the Recommendations Made
by the Administrative Law Judge In The Matter of the Pullman
Club, Inc. Liquor Violations
d] Ord. No. 237, Amending City Code Regarding Minimum Investment
for On Sale Intoxicating Liquor License
111 Other Business:
a]
b]
C]
121 Recess for Executive Session to discuss labor negotiations
131 Re -convene
14] Adjourn
John K. Anderson
City Administrator
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 20, 1987
Mayor Reinke called the meeting to order at 7:00 P.M. with Cncl.
Vierling, Lebens, clay, Wampach and Leroux present. Also present
were John K. Anderson, City Administrator; Dennis Kraft,
Community Development Director; Trevor walsten, Assistant City
Attorney; Ken Ashfeld, City Engineer; Judith S. Cox, City Clerk
and Douglas K. Wise, City Planner.
Liaison reports were given by Councilmembers. Discussion was
held regarding the removal by City staff of campaign signs which
are not in compliance with City Codes.
Vierling/Lebens moved to have legal staff present Council with a
written legal opinion on that portion of the campaign sign
ordinance which reads "signs can be no higher than 5 feet".
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
The City Policy of Non -Discrimination on the Basis of Handicapped
Status was read by Mayor Reinke.
Mayor Reinke asked if there was anyone in the audience who wished
to speak on any item not on the agenda. There was no response.
Leroux/Clay moved to approve the consent business.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Leroux/Vierling moved to approve the minutes of September 29,
1987 and October 14, 1987 (Approved under consent business).
Leroux/Clay offered Resolution No. 2820, A Resolution of
Appreciation to David Pomerenke, and moved its adoption. Motion
carried unanimously.
Leroux/Vierling moved to table correspondence from Rock Spring
Supper Club in opposition to the Starwood Amphitheater to a
future meeting date at which the matter will be addressed.
Motion carried unanimously.
Wampach/Vierling moved to open the public hearing on On -Sale
Sunday Liquor Sales Prior to 12:00 noon. Motion carried
unanimously.
Mike Mulleady, new General Manager of the Canterbury Inn, stated
that the benefit to their facility would be the addition of
liquor to their Sunday Brunch service and the attraction of
weekend convention business.
City Council
October 20, 1987
Page 2
Discussion was held regarding whether Class B Liquor licenses
should also be included in this action. The City Attorney has
submitted an affirmative legal opinion on this allowance for
Class C license holders.
Vierling/Leroux moved to close the public hearing. Motion
carried unanimously.
Vierling/Clay moved to advise Staff not to prepare an ordinance
permitting Class C license holders to sell intoxicating liquor
for consumption on the premises in conjunction with the sale of
food between the hours of 10:00 a.m. and 12:00 midnight on
Sundays.
A question was raised if the Chamber of Commerce had indicated
any pros or cons on this issue as it relates to convention
business in the City of Shakopee.
Leroux/Lebens moved to table this issue to get input from the
Chamber of Commerce before action is taken. Motion carried
unanimously.
Wampach/Clay moved to open the public hearing on an Appeal of
Board of Adjustments and Appeals approval of a 31 foot setback
variance for an accessory farm building for property located at
3374 South Marschall Road. Motion carried unanimously.
The City Planner reviewed the background and previous action
taken.
Robert Novotny, 3374 Marschall Road, explained that there are few
other locations to build this building as there are buried
footings from a destroyed building present and that other areas
are too low. The abutting property owner has no problem with the
proposed location. Mr. Novotny will be using this building for
storage of a boat, motor and small tractor and possibly other
equipment.
Discussion was held regarding whether this is a farm accessory
building and not just an accessory building which would only
require a 5 foot setback. The applicant stated that he could
utilize the existing buildings for equipment that might be of an
agricultural nature and use the proposed building for only the
boat, motor and similar types of storage. The applicant was
advised to apply for a building permit for an accessory building
and to comply with City Code for storage of equipment if he
wished to utilize the 5 foot setback requirement for accessory
buildings.
Leroux/Vierling moved to close the public hearing. Motion
carried unanimously.
City Council
October 20, 1987
Page 3
01
Leroux/Vierling offered Resolution of the City Council CC -506
approving of a 31 foot setback variance for an accessory farm
building for property located at 3379 Marschall Road and moved
its approval. Motion carried unanimously.
Lebens/Vierling moved to open the public hearing of an Appeal of
Board of Adjustments and Appeals denial of a 25 foot setback
variance from the lakeshore for property located in Weinandt
Acres. Motion carried unanimously.
The City Planner reviewed the circumstances of the variance
denied to H.L. Weinandt for setback from the Lakeshore. The DNR
had originally submitted a letter in opposition of the variance.
Harry Weinandt, 2989 Marschall Road, stated that the setback
request id to utilize the beauty of the lake from three sides.
The DNR has no objections to the fill and has submitted a recent
letter which is in agreement with the fill in the lower areas.
The original letter from the DNR was based on the ordinance
requiring a 100 foot setback. Mr. Weinandt stated that he -has
approval of the neighbors. His desire is to use the maximum
beauty, scenic view and uniqueness of the only peninsula on the
lake.
It was discussed whether the most recent letter from the DNR
constitutes enough new information to consider submitting this to
the Planning Commission. It was determined that this information
does not directly affect the setback variance. Requirements for
septic systems are 75 feet from the lake. Discussion of setback
requirements of General Development Lakeshore, Recreational
Development Lakeshore and Natural Environment Lakeshore was held.
A question of setting a precedent for future lakeshore setbacks
was discussed. The criteria relating to exceptional or
extraordinary circumstances was pointed out. An aerial photo of
Lake O'Dowd was viewed by the Council.
Leroux/Clay moved to close the public hearing. Motion carried
unanimously.
Leroux/Wampach offered Variance Resolution No. CC -507, a 25foot
setback variance from the lakeshore, and moved its approval based
on the fact that there are unique, exceptional and extraordinary
circumstances as regard that being the only developable peninsula
on the lake. Motion carried with Vierling opposed.
Leroux/Wampach moved to open the public hearing on an appeal of
the Board of Adjustment and Appeals approval of setback variances
for property located at 630 East 1st Avenue for Breckenridge
Development Corporation. Motion carried unanimously.
City Council
October 20, 1967
Page 4
The City Planner reviewed the background of the request and
action taken to this point.
Jim Bartlett, 100 S.E. 10th Street, representing Breckenridge
Development Corporation stated that in the automotive business,
the majority of automobiles are inside for repair, not parked
outside, thus parking does not become a problem. He feels that
his operation will not have a negative effect on the sale of the
Koehnen's property and, in fact, improvements made on his
property may even make Ms. Koehnen's property more desirable.
Mr. Bartlett indicated he has a letter from Lester Koehnen, who
is half -owner of the property, which states he has no objections
to the project.
Beverly Koehnen, 2036 Canterbury Road, is half owner of the
property next door to the Kennedy Transmission Shop and is
concerned that the parking is not adequate for the intense use of
three businesses. She feels that not only current use, but
future use of the building may not have adequate parking and ease
of movement of vehicles. She showed a sketch of the parking area
with diagonal parking versus the parallel parking currently
proposed.
The City Engineer commented on the parking sketch which shows 15
foot stalls. Design standards use a 16 foot stall for diagonal
parking for full size automobiles and a 26 foot area for backing
out of the repair bays. A comment was made regarding emergency
equipment having access to the repair bays.
Mr. Bartlett remarked that the customers will not be driving
their own cars into and out of the bays, but that the staff will
be handling this.
Ms. Koehnen stated that the variance application requested a
2,600 square foot building and the public hearing was held on a
2,400 square foot building. She also said that the first memo
was City staff's reaction to the criteria before they had
reviewed the material she submitted for their information. Ms.
Koehnen wants the value of her property protected.
Leroux/Clay moved to close the public hearing. Motion carried
unanimously.
Leroux/Lebens offered variance Resolution No. CC -493, reduction
of parking stalls from 40 to 34 for proposed addition and moved
its approval with the parking lot on the west side will be
carried out to within 3 feet of the property line. Motion
carried unanimously.
City Council
October 20, 1987
Page 5
Clay/Lebens offered Variance Resolution No. CC -504, 10 foot
variance from front yard setback requirements and a 10 foot
variance from the parking lot setback requirements, and moved its
approval. Motion carried unanimously. Hardship was established
in prior variance approval establishing a setback which this
variance matches because the attached addition would be a
continuation of the same setbacks as the original building.
Leroux/Lebens moved that the parking variance that this is based
upon a building of 2,400 square feet. Motion carried
unanimously.
Leroux/Clay moved to reconsider CC -504. Motion carried
unanimously.
Leroux/Lebens moved to amend CC -504 so that "TO WIT #2 - the 5
foot parking lot setback is for the 5 foot front parking lot
setback. Motion carried unanimously.
Mayor Reinke asked for the vote on amended Resolution CC -504.
Motion carried unanimously.
Leroux/Clay moved a ten minute recess at 9:30 p.m. Motion
carried unanimously.
wampach/Clay moved to reconvene at 9:45 p.m. Motion carried
unanimously.
The City Planner reviewed the matter of property developed on
private roadways that do not abutt public right-of-ways. The
code prohibits the issuance of building permits. It was
discussed that this should be structured so that 1) The City is
not responsible for maintenance, but that the property owner(s)
maintain the roadway and that a method to ensure enforcement be
enacted; 2) Home financing should not be affected as long as the
result is a buildable lot; and 3) Consideration should be given
to insure fire, police and public works equipment can travel on
these non -dedicated roadways.
Clay/Vierling moved that staff's recommendation to the Zoning
Ordinance changes regarding property being developed on private
roadways be referred to the City's Planning Commission for review
and public hearing. Motion carried unanimously.
Clay/Vierling moved to direct the City Engineer to prepare a
procedure and requirements for officially recognizing private
roadways within the City. Motion carried unanimously.
Leroux/Clay offered Resolution No. 2824, A Resolution Adopting
Downtown Design Standards For New And Infill Construction In The
Downtown Area With The Help Of Incentive Programs, and moved its
adoption.
City Council
October 20, 1967
Page 6
Roll Call: Ayes: Clay, Vierling, Wampach, Leroux, Mayor Reinke
Noes: Lebens
Motion carried.
The City Clerk reviewed the background of the matter of R.
Hanover, Inc. who had not filed a liquor liability insurance
policy as required. There were three items which had not been in
compliance with City Code.
1) The policy was not in the proper name.
The City Clerk now has a copy of an endorsement changing the name
to R. Hanover, Inc., the proper name.
2) The amount of insurance was not given in the policy.
The City Clerk now has a copy of a declarations page which states.
the amount of coverage which is the proper amount as required by
the City.
3) The policy does not contain a cancellation clause.
A copy of a letter from the insurance agent requesting the home
office to add an endorsement producing a cancellation clause has
been submitted to the City.
When the originals of these three items are received by the City,
R. Hanover, Inc. will be in compliance with the City's
requirements.
Mr. Hanover stated that he had given the information required by
the•City to the insurance company who did not comply with the
request.
Leroux/Clay moved to accept the information received to date and
a review be made at the first regular meeting in November to
assure that the cancellation clause is in effect. Motion carried
unanimously.
Leroux/Clay moved to approve the specifications and authorize ad
for bids for a self contained breathing apparatus for the Fire
Department. (Approved under consent business).
Leroux/Lebens moved to table the matter awarding bids for
Snowblower and Flusher. Motion carried unanimously.
Leroux/Clay moved to authorize the Public Works Department to
enter into an agreement with the City of Chaska for amending the
agreement for rental of sewer cleaning equipment at $35 per hour,
and to authorize the proper signatures for the document.
(Approved under consent business).
City council
October 20, 1987
Page 7
Leroux/Clay moved to authorize the appropriate city officials to
enter into an agreement with Scott County allowing access to the
computer mainframe by the police and fire services. (Approved
under consent business).
Leroux/Clay moved to support the position of the City of
Lakeville on the enactment of state enabling legislation to allow
the imposition of street access charges by a municipality.
(Approved under consent business). (DOC # CC -143)
Leroux/Clay moved to authorize the appropriate City officials to
execute a Bill of Sale and Quit Claim Deed transferring property
to Certainteed which property served as security for the 1973
Certainteed Industrial Revenue Bond Issue. (Approved under
consent business).
Discussion was held regarding the renegotiating of the refuse
collection contract. There are other contractors who have
expressed an interest. Poor service has been experienced with
another contractor in the past.
There was discussion on the subject of the practice of separating
yard waste from other garbage which is becoming more common in
the metro area.
Leroux/Vierling moved to authorize staff to renegotiate the
refuse contract with Waste Management for 1988/89 and bring it
back to Council for approval. Motion carried unanimously.
Wampach/Leroux moved to table the matter of a damage claim from
Ralph Ferry. Motion carried unanimously.
The City Engineer introduced and reviewed the background on the
Muhlenhardt Road Turnback. This would improve the drainage
problem. Before the final plat is approved, a study of road
plowing to determine any problem caused by vacating a part of the
roadway would be done.
Wampach/Vierling moved to direct staff to notify Scott County
that the proposed turnback of Muhlenhardt Road from C.R. 16 to
C.R. 21 is acceptable with the following conditions:
1. All work addressed in the July 31, 1987 correspondence
from Brad Larson be completed and accepted by the City,
and;
2. The turnback will become effective on June 1, 1988 if
all work is accepted. Motion carried unanimously.
Leroux/Clay moved to receive and file this report of the Naumkeag
Street railroad crossing. (Approved under consent business).
(DOC # CC -144)
City Council
October 20, 1987
Page 8
Vierling/Clay moved the approval of the bills in the amount of
$817,785.19.
Roll Call: Ayes: Leroux, Vierling, Wampach, Clay, Mayor Reinke
Noes: Lebens
Motion carried.
Leroux/Clay moved to authorize the appropriate City officials to
issue a travel reimbursement check to John K. Anderson in the
amount of $238.00 for transportation expenses to the 1987 ICMA
Conference. (Approved under consent business).
The City Engineer reviewed the staff report regarding the
choosing of the Final Design Consultant for the Mini -Bypass &
T.H. 169 Bridge Project. There are tow very qualified
consultants: Barton-Aschman or Howard -Needles (HNTB).
The traffic study on the amphitheater has been completed by
Howard Needles and there would not be any conflict with that
issue. Typically costs are not considered in services. The two
consultants were within 10% of each other in costs. Discussion
was held regarding whether there are additional costs involved
when a different consultant is hired for the final project.
Dave Warzala, representing Barton-Aschmann Associates asked that
the issue of consistency be considered. the Mayor spoke of the
support given to the City in the past by Barton-Aschmann.
Wampach/Leroux moved to direct the City Engineer to negotiate a
contract with Howard-Needles-Tammen & Bergendoff for the final
design of the T.H. 169/101 Minibypass Project in downtown
Shakopee.
Roll Call: Ayes: Wampach, Vierling, Leroux, Mayor Reinke
Noes: Lebens, Clay
Motion carried.
Leroux/Clay offered Resolution No. 2821, A Resolution Accepting
Work on the Eaglewood Street Rehabilitation Project No. 1985-2
and moved its adoption. (Approved under consent business).
Leroux/Clay offered Resolution No. 2822, A Resolution Accepting
Work on the Valley Park Drive N. Project No. 1986-11 and moved
its adoption. (Approved under consent business).
Leroux/Clay moved to appoint Judith S. Cox, Acting City
Administrator from October 23, 1987 until November 3, 1987.
(Approved under consent business).
The City Administrator spoke regarding the Extended Area
Telephone System and his opposition of the tier system. In
bringing in the additional cities of Prior Lake and Belle
5
City Council
October 20, 1987
Page 9
Plaine may increase the rates in Shakopee. The present system
charges a larger amount for the outlying areas.
The City Administrator indicated that the Indirect Source Permit
will not be available for the October 27, 1987 meeting on the
Starwood Amphitheater. consensus of Council was to delay the
meeting on the Starwood Conditional Use Permit until the Indirect
Source Permit is available. Because of the November 3rd City
Election, the next Council meeting will be held Wednesday,
November 4, 1987 at 7:00 p.m.
Leroux/Vierling moved to adjourn. Motion carried unanimously.
The meeting was adjourned at 10:47 p.m.
Judith S. Cox
City Clerk
Peggy Swagger
Recording Secretary
i
5
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 9, 1987
Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl.
Clay, Lebens, Vierling, Leroux and Wampach present. Also present
were Ken Ashfeld, City Engineer; Douglas K. Wise, City Planner;
John K. Anderson, City Administrator; Judith S. Cox, City Clerk;
Barry Meyer, Acting Assistant City Attorney and Dennis Kraft,
Community Development Director.
Liaison reports were given by Councilmembers.
Mayor Reinke asked if there was anyone in the audience who wished
to speak on any item not on the agenda. There was no response.
Leroux/Clay moved to approve the consent business.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Leroux/Clay moved to approve the minutes of October 6, 1987
meeting. (Approved under consent business).
wampach/Lebens moved to receive and place on file a
congratulatory letter from School District No. 720 regarding the
Star City Reception. Motion carried unanimously.
Clay/Vierling moved to accept with regrets Mr. James A. Weeks'
letter of resignation from his position on the Energy and
Transportation Committee. Motion carried unanimously.
Clay/Wampach moved to advertise the open position on the Energy
and Transportation Committee. Motion carried unanimously.
The City Administrator addressed a letter of petition by
residents to reduce speed in the alley on Block 86. Discussion
was held relating to the State minimum speed limit. Also the use
of alleys by trucks loading and unloading was discussed.
Wampach/Vierling moved to direct staff to complete work
researching possible solutions to the problem regarding speeding
in the alley in Block 86. Motion carried unanimously.
The City Administrator summarized a bulletin from the Association
of Metropolitan Municipalities and asked for Councilmembers
willing to attend the AMM Policy Adoption Meeting.
Councilmembers Clay, Vierling and Lebens expressed interest in
attending.
Vierling/Wampach moved to receive and place on file the bulletin
from the AMM. Motion carried unanimously.
City Council
November 4, 1987
Page 2
The City Administrator reviewed correspondence from the League of
Minnesota Cities relating to Planning Meetings for their 1988
Conference.
Leroux/Clay moved to contact members of Congress as well as both
Senators Boschwitz and Durenburger to explain exactly how federal
deficit reductions will affect the City. (Approved under consent
business).
The City Administrator reviewed correspondence from the League of
Minnesota Cities reporting on Regional Meeting legislative issues
voting results.
The City Planner reviewed the background of the Preliminary and
Final PUD for Shakopee Valley Square 1st Addition. The changes
to the original PUD which had been approved previously were
pointed out on the plans.
The Planning Commission recommended approval of the PUD with a
variance for the setback of the Restaurant/Snack Bar building.
The Planning Commission recommended denying variances for the
type of materials used in the campground building, roof sign and
setback for the parking lot. The City's PUD Ordinance does not
allow recognizing a setback variance adjacent to exterior
property lines or exterior public streets as part of the PUD
approval process. For this reason, the language has been changed
in the conditions to require the developer to either receive a
variance to the 30' required setback or to alter the plans for
the building to conform to the required setback.
Leroux/Clay offered 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 and moved
its adoption. Motion carried unanimously.
The Community Development Director reviewed the Community
Development Commission Newsletter which would serve as
information to residents of the community. Various methods of
distribution were discussed. How this cost affects the funding
for Industry Day was discussed. Staff will request information
from the Community Development Commission as to how this will
affect funding for Industry Day.
Vierling/Wampach moved to approve the Community Development
Commission (ICC) publishing a quarterly newsletter insert in the
Shakopee Valley News (in addition to being available in pick up
boxes in high exposure facilities, i.e. restaurants, grocery
stores) with funding provided from the Community Development
budget. Motion carried unanimously.
City Council
November 4, 1987
Page 3
The City Planner reviewed an Amendment of Resolution No. 2809
Approving Final Plat for Eagle Creek Junction 2nd Addition. The
sidewalk easement along County Road 16 should be recorded by
separate easement agreement rather than shown on the final plat.
The developer also wishes to change the interim drainage
improvements from Plan A to Plan B improvements. Minor changes
have been made to these two conditions on the resolution.
Vierling/Leroux offered Resolution No. 2831 Amending Resolution
No. 2809 Final Plat Approval for Eagle Creek Junction 2nd
Addition, and moved its adoption. Motion carried unanimously.
The City Administrator reviewed the background of the bids for
the Snowblower.
Leroux/Vierling moved to table the Snowblower bid award for
reference to the City Attorney's office for comment. Motion
carried unanimously.
Wampach/Lebens moved to remove from the table the Ralph Ferry
Damage Claim. Motion carried unanimously.
The City Engineer reviewed the events leading to the damage claim
from Mr. Ferry. The Claims Committee has reviewed the matter and
the City's Engineering staff has begun to evaluate the erosion
problem. other cities have been contacted to inquire about what
types of claims have been handled in their cities with regard to
last summers' heavy rainstorms. The other cities have not been
found negligent, so no insurance has been paid. This type of
damage is caused by an "act of God" There is a claim in
Chanhassen relating to the failure of the interceptor pipe itself
that is yet unresolved.
An Engineering Study by City Staff is proposed to determine by
what means this problem can be eliminated. A question of any
obligation by Horizon Heights original developer was raised. The
City Engineer's response was that this is a natural ravine
causing erosion problems and that the original developer would
have no legal obligation to make correction at this late date.
Ralph Ferry, 8234 Eagle Creek Blvd., stated that this problem has
been in existence since 1965 when the Horizon Heights roads were
put in. Several 'fixes' have been attempted by the City and the
problem has not yet been resolved.
Wampach/Clay moved to direct the City Engineer to undertake an
engineering study to correct erosion problems in the Horizon
Heights area. Motion carried unanimously.
City Council
November 4, 1987
Page 4
Vierling/Leroux moved to remove from table the Snowblower Bid
issue. Motion carried unanimously.
Leroux/Wampach moved to award the bid to Ruffridge-Johnson
Equipment Co., for the snowblower in the amount of $37,680 as
originally bid by that Company with language from their letter of
10-21-87 included clarifying the type of equipment.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
The City Administrator reviewed the Valleyfair service Agreement
Fee and stated that the representatives from Valleyfair and the
Police Chief have agreed with this formula for computing annual
service fee. If an inflation factor is to be included,
Valleyfair representatives would like to be involved in
negotiating that factor.
Leroux/Lebens moved to have staff draft 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 108 and include an inflation
clause and a cancellation clause to be brought back for final
approval. Motion carried unanimously.
Clay/Vierling moved to nominate Terry M. Forbord to the Planning
Commission. Motion carried unanimously.
Wampach/Lebens moved to nominate Jim Link to the Planning
Commission. Motion carried unanimously.
Leroux/Clay moved 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.
(Approved under consent business).
Leroux/Vierling moved to approve the bills in the amount of
$5,759,620.09.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Vierling/Leroux moved to authorize the proper City Officials to
enter into a contract for refuse removal services with Waste
Management, Inc. for 1988/1989.
City Council S/
November 9, 1987
Page 5
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Leroux/Clay moved to 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.
(Approved under consent business).
Leroux/Vierling moved to 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.
Roll Call: Ayes: Clay, Leroux, Wampach, Vierling, Mayor Reinke
Noes: Lebens
Motion carried.
The City Clerk reviewed the background of the On Sale Liquor
License minimum investment and stated that the minimum investment
includes fixtures and structures and could include leasehold
improvement, but not rent according to the interpretation of the
City Attorney. This included permanent fixtures only. Discussion
was held regarding whether or not the minimum investment should
include a pro rated value of the building based upon square feet
rented.
Leroux/Wampach moved to direct staff to prepare an ordinance to
change the present liquor ordinance to allow for that portion of
the building that is used as a part of the liquor establishment
or restaurant to be included as part of the investment
consideration in that ordinance. Motion carried unanimously.
The City Engineer discussed the parking problems on streets in
the vicinity of the Senior High School. Many students who are
driving are parking on the street in order to avoid paying the
newly adopted parking fee of $20/trimester to park in the
school's lot. There are adequate parking spaces in the school
lot for the fall and winter months. School officials may
consider reducing parking fees in cooperation with action taken
by the City.
Clay/Vierling 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
City Council
November 4, 1987
Page 6
Clay/Wampach moved to amend the motion to include both sides of
Spencer from 10th to Shakopee Avenue. Motion carried
unanimously.
Clay/Vierling moved to approve the motion as amended. Motion
carried unanimously.
Vierling/Leroux moved to direct staff to restrict parking to 2
hour parking on the following streets:
- 10th Avenue from Spencer to Holmes
- West side of Spencer from 10th to the South
Motion carried unanimously.
Leroux/Clay moved 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.
(Approved under consent business).
Lebens/Clay moved for a ten minute recess at 9:10 p.m. Motion
carried unanimously.
Wampach/Vierling moved to reconvene City Council at 9:23 p.m.
Motion carried unanimously.
Vierling/Leroux moved to recess for H.R.A. Motion carried
unanimously.
Leroux/Vierling moved to reconvene City Council at 10:01 p.m.
Motion carried unanimously.
Vierling/Leroux moved to approve payment to Inca Development in
the amount of $10,499.03, as per June 10, 1986 Council action as
payment of 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.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Wampach/Vierling moved to reaffirm the "procedures for seeking
quotes or proposals" 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. Motion carried unanimously. (Doc. No. CC -145)
Leroux/Clay moved to 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. (Approved under the consent business).
City Council
November 4, 1987
Page 7
Vierling/wampach offered Resolution No. 2828, 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 Therein, and moved its
adoption.
Roll Call: Ayes: Wampach, Clay, Vierling, Leroux, Mayor Reinke
Noes: Lebens
Motion carried.
Clay/Vierling offered Resolution No. 2827, Providing For 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, and moved its adoption.
Roll Call: Ayes: Clay, Vierling, Leroux, Wampach, Mayor Reinke
Noes: Lebens
Motion carried.
Clay/Leroux moved to offer Ordinance No. 235, An Ordinance of the
City of Shakopee, Minnesota Amending Shakopee City Code Chapter 2
Entitled "Administration and General Government" 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 moved its adoption. Motion carried
unanimously.
Leroux/Clay offered Resolution No. 2825, A Resolution to Initiate
the Vacation of Utility and Drainage Easement Within Weinandt
Acres First Addition sand Fixing a time and Place for a Public
Hearing on the Proposed Vacation, and moved its adoption.
(Approved under consent business).
Leroux/Vierling offered Resolution No. 2829, A Resolution
Canvassing Returns for the Municipal Election, and moved its
adoption. Motion carried unanimously.
The City Engineer reviewed the background of a budget amendment
for temporary inspectors in the Engineering Department.
Vierling/Lebens moved to offer Resolution No. 2830, A Resolution
Amending Resolution No. 2635 Adopting the 1987 Budget, and moved
its adoption.
Roll Call: Ayes: Unanimous.
Noes: None
Motion carried.
City Council
November 4, 1987
Page 8
The City Administrator addressed a question previously raised
relating to the mandatory separation of yard waste. This will
not be required in the City.
The Community Development Director stated that the first draft of
the RFP for Murphy's Landing was on the table for Council review
and comments and that a final draft will be forthcoming.
Leroux/Vierling moved to adjourn to November 17, 1987 at 7:00
p.m. Motion carried unanimously. The meeting was adjourned at
10:12 p.m.
Judith S. Cox
City Clerk
Peggy Swagger
Recording Secretary
6011
League of Minnesota Cities
November 9, 1987
183 University Ave. East
St. Paul, MN 55101.2526
(612) 227.5600 (FAX: 221.0986)
r
TO: Mayor, Managers, Cler s'I
FROM: Donald A. Slater, Ex a Director
Laurie Fiori Hacking, Legislative Representatives
RE: League Cooperative Efforts with Property Tax Reform Project
Some cities may already be aware that in early October the
Coalition of Greater Minnesota Cities and the cities of St. Paul
and Minneapolis entered into a joint research effort on property
tax issues for the purpose of developing a common position on
property tax reform to present to the 1988 Legislature. The
members of this newly -formed -Property Tax Reform Coordinating
Committee- are:
Mayor Earl Laufenburger, Winona
Councilmember Paul McLaughlin, International Falls
Peter Stolley, City Manager, Northfield
Mayor George Latimer, St. Paul
Councilmember Jim Scheibel, St. Paul
Diane Lynch, Manager, Intergovernmental Relations, St. Paul
Mayor Don Fraser, Minneapolis
Councilmember Steve Cramer, Minneapolis
Duke Addicks, State Legislative Liaison, Minneapolis
The Coordinating Committee asked the League of Minnesota Cities to
form an Advisory Committee in order to give cities not represented
on the Coordinating Committee an opportunity for input into its
research and policy development process. After some debate as to
whether this was an advisable or appropriate activity for the
League, the LMC Board of Directors agreed to form such an Advisory
Committee. To help assure a meaningful role for the League's
Advisory Committee, a letter was sent to the Coordinating Committee
proposing guidelines for the League's participation in the project.
These guidelines were informally agreed to by the Coordinating
Committee.
Since the intention of the League's Advisory Committee is to
facilitate input from cities not represented on the Coordinating
Committee, the League has sought representation on the Advisory
Committee from four groups of cities: the Association of
Metropolitan Municipalities (AMM), the Minnesota Association of
Small Cities (MAOSC), the Municipal Legislative Commission (MLC),
and the Range Association of Municipalities and School Districts
(RAMS). Bob Thistle, City Manager of Coon Rapids will serve as
chair of the Advisory Committee since he also chairs the League's
Technical Committee on Property Tax Reform and is a member of the
LMC Board of Directors. Members of the Advisory Committee are:
Bob Thistle, Chair, Manager, Coon Rapids
Hank Sinda (AMM), Manager, New Brighton
Larry Bakken (AMM), Councilmember, Golden Valley
Pat Bonniwell (MAOSC President), Clerk, Dassel
Duane Knutson (MAOSC) and Chair, LMC Revenue Sources Committee,
Mayor, Fertile
Richard Wedell (MLC), Mayor, Shoreview
Jim Miller (MLC), Manager, Minnetonka
Mac Karpen (RAMS) ExecutiveDirector
Dan Kelly (RAMS), Mayor, Keewatin
The League views this Advisory Committee as a mechanism to allow
participation of cities which are outside the Coordinating
Committee. However, should it become necessary for the League to
take a formal position on any final proposal developed by the
Coordinating Committee, then the League's normal policy review and
adoption procedures would be followed to ensure participation of
all groups of cities. The League's normal review process would
involve review by the Property Tax Reform Technical Committee, the
Revenue Sources Committee and finally by the Board of Directors.
Laurie Hacking on the League staff has been invited to attend all
meetings of the Coordinating Committee. The Advisory Committee
will hold its first meeting on November 18 in order to familiarize
itself with research products from the study and make plans for its
involvement with the Coordinating Committee. If any broad proposal
affecting Minnesota cities is successfully developed by the
Coordinating Committee, the League will be sure to inform all
cities of the proposal and its impact on cities.
League of Minnesota Cities
163 University Ave. East
St. Paul, MN 55101-2526
(612)227.5600(FA3L-221.0986)
C0�'
Nov i 21N7
CITY -OF SHAKppgE,
November 9, 1987
i
TO: Mayor, Managers, Cle+ s,)
FROM: Donald A. Slater, Ex e -Director
Laurie Fiori Hacking, Legislative Representative
RE: League Cooperative Efforts with Property Tax Reform Project
Some cities may already be aware that in early October the
Coalition of Greater Minnesota Cities and the cities of St. Paul
and Minneapolis entered into a joint research effort on property
tax issues for the purpose of developing a common position on
property tax reform to present to the 1988 Legislature. The
members of this newly -formed "Property Tax Reform Coordinating
Committee" are:
Mayor Earl Laufenburger, Winona
Councilmember Paul McLaughlin, International Falls
Peter Stolley, City Manager, Northfield
Mayor George Latimer, St. Paul
Councilmember Jim Scheibel, St. Paul
Diane Lynch, Manager, Intergovernmental Relations, St. Paul
Mayor Don Fraser, Minneapolis
Councilmember Steve Cramer, Minneapolis
Duke Addicks, State Legislative Liaison, Minneapolis
The Coordinating Committee asked the League of Minnesota Cities to
form an Advisory Committee in order to give cities not represented
on the Coordinating Committee an opportunity for input into its
research and policy development process. After some debate as to
whether this was an advisable or appropriate activity for the
League, the LMC Board of Directors agreed to form such an Advisory
Committee. To help assure a meaningful role for the League's
Advisory Committee, a letter was sent to the Coordinating Committee
proposing guidelines for the League's participation in the project.
These guidelines were informally agreed to by the Coordinating
Committee.
Since the intention of the League's Advisory Committee is to
facilitate input from cities not represented on the Coordinating
Committee, the League has sought representation on the Advisory
Committee from four groups of cities: the Association of
Metropolitan Municipalities (AMM), the Minnesota Association of
Small Cities (MAOSC), the Municipal Legislative Commission (MLC),
and the Range Association of Municipalities and School Districts
(RAMS). Bob Thistle, City Manager of Coon Rapids will serve as
chair of the Advisory Committee since he also chairs the League's
Technical Committee on Property Tax Reform and is a member of the
LMC Board of Directors. Members of the Advisory Committee are:
Bob Thistle, Chair, Manager, Coon Rapids
Hank Sinda (AMM), Manager, New Brighton
Larry Bakken (AMM), Councilmember, Golden Valley
Pat Bonniwell (MAOSC President), Clerk, Dassel
Duane Knutson (MAOSC) and Chair, IMC Revenue Sources Committee,
Mayor, Fertile
Richard Wedell (MLC), Mayor, Shoreview
Jim Miller (MLC), Manager, Minnetonka _
-Mac -Karpen—(RAMS) Executive_Director
Dan Kelly (RAMS), Mayor, Keewatin
The League views this Advisory Committee as a mechanism to allow
participation of cities which are outside the Coordinating
Committee. However, should it become necessary for the League to
take a formal position on any final proposal developed by the
Coordinating Committee, then the League's normal policy review and
adoption procedures would be followed to ensure participation of
all groups of cities. The League's normal review process would
involve review by the Property Tax Reform Technical Committee, the
Revenue Sources Committee and finally by the Board of Directors.
Laurie Hacking on the League staff has been invited to attend all
meetings of the Coordinating Committee. The Advisory Committee
will hold its first meeting on November 18 in order to familiarize
itself with research products from the study and make plans for its
involvement with the Coordinating Committee. If any broad proposal
affecting Minnesota cities is successfully developed by the
Coordinating Committee, the League will be sure to inform all
cities of the proposal and its impact on cities.
6L
City of Savage
p 6000 McColl Drive • (County Road 16) • Savage, Minnesota 55378 • (612) 890-1045
too 91W
November 6, 1987 C)1Y OF SHAKOPHE
Mayor and City Council
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
Dear Mayor Reinke and Council Members:
At a City Council meeting on November 5, the Savage City Council
reviewed a memo dated October 9 from Larry Dallam of HNTB, and one
from Shakopee city engineer Ken Ashfeld dated October 14, both
relating to the Starwood Music Center traffic study review (EAW).
The Council is concerned about the ability of CSAH 42 to accommodate
any increased traffic demand in the section of the highway between
Trunk Highway 13 and County Road 27. They would prefer that the
opening of Starwood be coordinated so that the CSAH upgrading is
completed. It has been proposed that this be done in 1988; however,
that is contingent upon approval of city participation in funding
by the City of Savage.
In summary, the Council is very concerned about the future traffic
impact upon Savage of the Starwood proposal. We would ask that you
keep us advised of any information relating to it, and that you be
aware of Council's concerns.
Sincerely,
Mark McNeill
City Administrator
cc: John Anderson
Lo
%hakOPIVIV CHAMBER OF COMMERCE
November 6, 1987
Mayor Reinke and City Council
129 East 15t Ave.
Shakopee, Minnesota 55379
Dear Mayor Reinke and City Council,
At the November 4th, 1987 Board of Directors meeting the Board
discussed the possibility of decorating the new trees downtown
with small white lights for the Christmas season.
The purpose of this letter is to get the permission of the City
to proceed with this type of decoration should the Board decide
they want to pursue this idea.
Thank you for your consideration.
wAM/dbs
Sinc
J
Executive Secretary
Nov, °190
clry' .
1801 Trunk Hwy. 101 P.O. Box 203 Shakopee, Minnesota 55379 612-4451660
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OrTHE
-, SCOTTLANO
COMPANIES
November 13, 1987 c't
cry t 3�)
Mayor Eldon Reinke and of.S(y
Councilmembers AkOp
City of Shakopee E�
129 East First Avenue
Shakopee, MN 55379
RE: Starwood
Dear Mayor and Council:
As you know, we have been seeking permission to build the
Starwood Music Center for 12 months. Starwood could have
been constructed as a permitted use, but because the elected
officals and numerous citizens expressed a desire to see the
project reviewed as a conditional use permit, we reduced the
size of the parcel so that such a review process was
possible. During that process, there was considerable
testimony for and against the project. We believe that the
process, albeit a long one, was beneficial to the project,
the City and those who favored and opposed the project.
As you know, there has not been a vote on the permit and we
do not know who may or may not vote for the project now or
after the new members of the Council are in office. That is
the way it should be since the review process has not been
completed. However, it is clear that a vote for or against
Starwood prior to January 1, 1988 or thereafter, could be
devisive and therefore may not be in the best interests of
the City. It is also clear that the project does not appear
to have the level of support from the City staff, Planning
Commission, Council or citizens which we had hoped for.
Although we believe the project is a good development for
the City, we and our partner, PACE Management stated at the
outset and during the review process that unless there was
adequate community support, we would not proceed.
The City Council has adopted a very stringent licensing
ordinance which by itself may make the project impossible to
develop. The City Council has also incorporated into the
proposed conditional use permit certain conditions which, if
not changed, make the project impossible to develop. We
understand why the Council believes such conditions may be
necessary given the specific facts and circumstances related
to traffic and other concerns which may be related to this
project in this City. As we have stated previously, we do
not believe that all of the conditions proposed are
necessary.
P.O. Box 509 1244 Canterbury Road Shakopee, Minnesota 55379 [612]445-3242
� C/
November 13, 1987
Page 2
In any event, we wanted to ask you at the November 17, 1987
Council meeting to let us know what what you think the
procedural status of the project is at this time so we can
adjust our business plans accordingly. We are not asking
for a vote on the proposed permit or a discussion concerning
the conditions which may or may not be proposed in the event
the project is to be approved or denied at some future time.
We just need some direction so that we, our supporters and
opponents can plan our schedules.
At various times during this process, public statements have
been made by others that in the event the permit is not
approved, the denial may be appealed to the courts. I
assure you that is not the way we conduct our business in
Shakopee. It never has been. We have been developing and
managing projects in the City for many years and we have
always tried to develop and manage quality projects which
will have the support of the community. We have and always
will work cooperatively with the community to accomplish the
goals established by the community regardless of whether
this project or any other project proposed by us is denied.
Whatever the outcome is on this project, we thank you, the
City staff, Planning Commission, supporters and opponents of
the project for having treated us fairly during the process
and for all of the time and energy invested by everyone in
the review of the project to date.
We look forward to receiving additonal direction from you.
Very truly yours,
THE SC' y
OT�TLAND COMPANIES
Yew , O .
Bruce D. Malkerson
Executive Vice President
and General Counsel
BDM:lb
c.c. Mr. Joseph Zak
Planning Commission
MEMO TO: John R. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: Community Development Commission Request to Receive
City Council Minutes
DATE: November 10, 1987
INTRODUCTION•
The Shakopee Community Development Commission has requested
staff to investigate whether or not they can be provided with the
Shakopee City Council minutes free of charge.
BACKGROUND:
On October 28, 1987 the Shakopee Community Development
Commission requested City Council to consider sending copies of
the City Council minutes to their Commission members. At that
time staff informed the Commission that the only Commission
receiving City Council minutes was the Shakopee Planning
Commission. I also informed the Commission that the City Council
minutes were printed in the Shakopee Valley News. The Commission
members were aware of this and stated that the minutes as
published in the Shakopee Valley News are often two months after
the fact. I then pointed out to the Commission members that if
they liked they could receive the City Council minutes for an
annual fee of $36.00.
The cost for supplying the Community Development Commission
with copies of the City Council minutes is approximately $200. 00
per year. Due to the nature of the Community Development
Commission and their function, their request does have some
merit. I an therefore requesting that the City Council support
their request and begin sending City Council minutes to the
Community Development Commission on a regular basis free of
charge effective immediately.
ALTERNATIVES•
1. Move to direct the appropriate City officials to begin
sending copies of the City Council minutes to the Community
Development Commission members on a regular basis.
2. Do not offer copies of City Council minutes to the Community
Development Commission members free of charge.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REOUBSTED•
Move to direct the appropriate City officials to begin
sending copies of the City Council minutes to the Community
Development Commission members free of charge on a regular basis.
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Final Plat of the Meadows lst Addition
DATE: November 12, 1987
INTRODUCTION•
At their meeting on November 5, 1987 the Planning Commission
passed a motion recommending approval of the Final Plat for
Meadows 1st Addition (formerly Canterbury Estates) subject to
conditions. -
BACKGROUND:
In March of 1987 Meritor Development Corporation submitted a
preliminary plat for approximately 162 acres located south of
11th Avenue and east of County Road 79 in the City of Shakopee.
on April 21, 1987 the City Council approved the northern half of
the preliminary plat and on May 19, 1987 the City Council
approved the southern half of the preliminary plat.
Meritor Development Corporation has submitted the final plat
for the first phase of the development. Meritor Development is
starting in the northwest corner of the property with a final
plat including 51 single family lots on about 15 acres. The
remainder of the platted area is shown as two separate outlots
which will be replatted later in subsequent phases. Vierling
Drive will be dedicated to the City with the first phase. The
Upper valley Drainageway will be dedicated in phases as the areas
adjacent to the drainageway corridor are final platted. In the
first phase of the development the developer will grant an
easement for the drainageway.
Approval of the preliminary plat required dedication of land
for park purposes. The developer plans to phase final platting
and dedicate park land as the phases abut land to be dedicated.
The Planning Commission is recommending the developer furnish a
check or letter of credit to the City for the difference between
the land to be dedicated with the individual phase and the amount
of land required. When land is dedicated with a subsequent phase
the payment will be refunded. The first addition will be
dedicating 5% of the land (trail along County Road 79) or 1/2 the
amount required.
As part of the first phase, 11th Avenue between County Road
79 and Minnesota Street will have to be improved. The developer
will be required to petition for improvements and the current
City assessment policy will apply. Lots on the north side of
11th Avenue will be assessed for 1/2 of their shortest frontage
on a public right-of-way, the remainder of the cost will be
assessed to the developer.
76
During review of the preliminary plat the developer
indicated that a hardship existed in meeting the 5% street grade
on that section of Minnesota Street located next to Lots 23 - 25
of Block 3. Staff recommended to the Planning Commission that a
variance for this street section be recognized in the final
approval of the plat. Staff recommended a variance allowing this
street segment to not exceed a maximum 8% grade, this conforms to
the grading plan submitted by the developer with the preliminary
plat. The Planning Commission is recommending that the grade on
this street segment not exceed 6%.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends approval of the Final
Plat of Meadows First Addition subject to the following
conditions:
1. With the replatting of 0utlot5 A and B the drainage and
-
utility corridor must be shown as a separate Outlot and
dedicated to the City.
2. The grade on Minnesota Street between 11th Ave. and Lot 25,
Block 3, shall not exceed 6%, all other street segments
shall not exceed the 5% maximum allowed by code.
3. Execution of a developers agreement for construction of
required improvements:
A. Street lighting to be installed in accordance with the
requirements of the SPDC Manager.
B. Water system to be installed in accordance with the
requirements of the SPUC Manager.
C. Sanitary sewer and storm sewer to be installed in
accordance with the requirements of the design criteria
and standards of the City of Shakopee.
D. Local streets and street signs within the plat shall be
constructed in accordance with the requirements of the
design criteria and standard specifications of the City
of Shakopee.
E. The developer agrees to reimburse the City for costs
associated with Vierling Drive equivalent to the costs
for a 36 foot residential street. Cost sharing to be
determined by the City Engineer.
F. The Developer agrees to petition for improvements to
11th Avenue and to waive the right of appeal of
assessments against Lots 12-23 Block 3 and Lot 1 Block
1 (improvements to include curb, gutter, street and
storm sewer) .
� b
G. The additional 20 feet of right of way along County
Road 79 dedicated with this plat for a trail system
will count toward park dedication requirements. The
Developer shall pay the City $6375 in lieu of park
dedication to account for the difference between the
land dedicated and that required by code. The payment
in lieu shall be refunded to the Developer upon
dedication of the remaining required land for park
purposes.
4. The old well located in the northwestern section of Outlot B
must be abandoned according to Mn Dept. of Health
requirements and certified as such prior to filing of the
final plat.
5. Approval of title opinion by the City Attorney.
6. The developer shall provide a recordable agreement stating
that not more than 10$ of the plat within the R-2 zone will
be developed into twin homes.
7. The right-of-way for 11th Avenue between Minnesota and
Dakota Streets must be vacated, but easements will be
maintained.
8. An access permit must be obtained from the county Engineer
for access to County Road 79.
9. A sidewalk along Vierling Drive will be required and must
comply with the design criteria and standards of the City of
Shakopee.
10. The developer will be responsible for grading of plat (as
per preliminary drainage plan) .
11. The following change must be made to the final plat prior to
filing:
- Lot 5, Block 1 must be numbered on plat.
12. No direct access from individual lots to Vierling Drive and
county Road 79 will be allowed. Lots 12 & 13, Block 3 will
not be allowed direct access to 11th Avenue.
13 . No building permits will be issued for Outlots A & B until
they have been replatted.
ACTION REODESTED:
Offer and approve Resolution No. 2833 Approving the Final
Plat of Meadows First Addition.
RESOLUTION NO. 833
A Resolution Approving the Final Plat of
The Meadows 1st Addition
WHEREAS, the Planning Commission of the City of Shakopee did
approve the Final Plat of The Meadows let Addition on November 5,
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 Plat of The Meadows
let Addition, described as follows:
The Southwest Quarter of the Northwest Quarter of
Section 7, Township 115, Range 22, Scott County,
Minnesota; the Southeast Quarter of said Northwest
Quarter; the Northwest Quarter of the Southwest Quarter
of said Sectin7; the North 30 rods of the Southeast
quarter of the Southwest Quarter of said Section 7;
also the following: Beginning at a point 50 rods North
and 41 rods EAst of the southwest corner of said
Section 7; thence running North 80 rods to the South
line of the North 30 rods Southwest Quarter; thence
East to the west line of the northeast Quarter of said
Southwest Quarter; thence South of the west line of
said Northeast Quarter of the Southwest Quarter and
Southeast Quarter of the Southwest Quarter of said
Section 7 a distance of 80 roads to the North line of
the South 50 rods; thence west to the place of
beginning.
Also the North 30 rods of the West 80 rods of the
Southwest Quarter of Section 7, Township 115, Range 22,
Scott County, Minnesota.
be, and the same hereby is approved and adopted with the
requirements that:
1. With the replatting of Outlots A and B the drainage and
utility corridor must be shown as a separate Outlot and
dedicated to the City.
2. The grade on Minnesota Street between 11th Ave. and Lot 25,
Block 3, shall not exceed 6%, all other street segments
shall not exceed the 5% maximum allowed by code.
3. Execution of a developers agreement for construction of
required improvements:
A. Street lighting to be installed in accordance with the
requirements of the SPDC Manager.
B. Water system to be installed in accordance with the
requirements of the SPDC Manager.
C. Sanitary sewer and storm sewer to be installed in
accordance with the requirements of the design criteria
and standards of the city of Shakopee.
D. Local streets and street signs within the plat shall be
constructed in accordance with the requirements of the
design criteria and standard specifications of the City
of Shakopee.
E. The developer agrees to reimburse the City for costs
associated with Vierling Drive equivalent to the costs
for a 36 foot residential street. Cost sharing to be
determined by the City Engineer.
F. The Developer agrees to petition for improvements to
11th Avenue and to waive the right of appeal of
assessments against Lots 12-23 Block 3 and Lot 1 Block
1 (improvements to include curb, gutter, street and
storm sewer) .
G. The additional 20 feet of right of way along County
Road 79 dedicated with this plat for a trail system
will count toward park dedication requirements. The
Developer shall pay the City $6375 in lieu of park
dedication to account for the difference between the
land dedicated and that required by code. The payment
in lieu shall be refunded to the Developer upon
dedication of the remaining required land for park
purposes.
4. The old well located in the northwestern section of Outlot B
must be abandoned according to Mn Dept. of Health
requirements and certified as such prior to filing of the
final plat.
5. Approval of title opinion by the City Attorney.
6. The developer shall provide a recordable agreement stating
that not more than 108 of the plat within the R-2 zone will
be developed into twin homes.
7. The right-of-way for 11th Avenue between Minnesota and
Dakota Streets must be vacated, but easements will be
maintained.
7,b
8. An access permit must be obtained from the County Engineer
for access to County Road 79.
9. A sidewalk along Vierling Drive will be required and must
comply with the design criteria and standards of the City of
Shakopee.
10. The developer will be responsible for grading of plat (as
per preliminary drainage plan) .
11. The following change must be made to the final plat prior to
filing:
- Lot 5, Block 1 must be numbered on plat.
12. No direct access from individual lots to Vierling Drive and
County Road 79 will be allowed. Lots 12 & 13, Block 3 will
not be allowed direct access to 11th Avenue.
13. No building permits will be issued for Outlots A & B until
they have been replatted.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and
the same are hereby authorized and directed to execute said
approved Plat and Developer's 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
Approved as to form this
day of 1987•
City Attorney
/-
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Amendment to Subdivision Regulations Exempting Certain
Uses From Park Dedication Fees
DATE: November 12, 1987
INTRODUCTION•
At their meeting on November 5, 1987 the Shakopee Planning
Commission recommended not approving Ordinance No. 233 as
prepared by the City Attorney. The Planning Commission
recommended that waiving of park dedication fees be handled on a
case-by-case basis.
BACKGROUND•
On July 14, 1987 the City Council directed staff to allow
for the issuance of a building permit to Mt. olive Church without
park dedication fees being paid, pending resolution of questions
regarding park dedication fees. At their meeting on October 6,
1987 the City Council referred Ordinance No. 233 Exempting
Churches, Schools, Local Government Buildings, Clubs and Other
Non-Profit Organizations From Paying Park Dedication Fees, to the
Planning Commission for a public hearing and recommendation.
At their meeting on November 5, 1987 the Shakopee Planning
Commission held a public hearing on proposed Ordinance No. 233 .
Following the public hearing the Planning Commission passed a
motion giving an unfavorable recommendation to Ordinance No. 233
and indicated that the City should not give up it's right to deal
with this on a case-by-case basis. (Planning Commission minutes
attached) .
ALTERNATIVES•
1. The City Council may pass Ordinance No. 233 as drafted by
the City Attorney exempting churches, schools, local
government buildings, clubs and other non-profit
organizations from which carry on their activities in and
are located and based in the City of Shakopee from the
requirements of Section 12.07, Subd. 5 E.
2. The City Council may amend and approve Ordinance No. 233
requiring churches, schools, local government buildings,
clubs and other non-profit organizations to pay a park
dedication fee except when waived by the City Council.
3. The City Council may not approve Ordinance No. 233 thereby
not addressing park dedication fees for churches, schools,
local government buildings, clubs and other non-profit
organizations in the City's Subdivision Ordinance requiring
park dedication fees.
ACTION REQUESTED:
Move and approve Ordinance No. 233 in accordance with either
alternative #1 or 42 outlined above.
7 �
PROCEEDING OF THE PLANNING COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 5, 1987
Chairwoman VanMaldeghem called the meeting to order at 8:49 p.m.
with Comm. Foudray, Czaja, Rockne and Schmitt present. Also
present were Douglas K. Wise, City Planner; Jon Glennie, Planning
Intern; Dennis Kraft, Community Development Director and Steven
Clay, Councilmember.
Schmitt/Czaja moved to approve the posted agenda. Motion carried
unanimously. .
Schmitt/Foudray moved to approve the minutes of the October 8,
1987 meeting. Motion carried unanimously.
Schmitt/Czaja moved to approve the minutes of the October 22,
x1987 meeting. Motion carried unanimously.
I PUBLIC HEARING - CONSIDER AMENDING CODE CHAPTER 12
Schmitt/Czaja moved to open the public hearing. Motion carried
unanimously.
The City Planner reviewed the background of the issue to consider
exempting churches, schools, local government buildings, clubs
and other non-profit organizations from having to pay park
dedication fees.
Foudray/Schmitt moved to close the public hearing. Motion
carried unanimously.
Foudray/Czaja moved to recommend the approval of Ordinance No.
233 as prepared 'by the City Attorney. Motion denied with
Schmitt, Czaja, Rockne, VanMaldeghem opposed.
Schmitt/Rockne moved to recommend to the City Counc_-i that the
Planning Commission moved unfavorably on the Ordinance; and that
with the risks in dealing with this type of an issue we do not
want to give up our right to deal with this on a case-by-case
basis. Motion carried unanimouslv.
_.._ ~__ y
ns - tn
.._ Planning ommissicn _ae in permanent
v o'v1^,g
Lup rights and may be thatprivate non-profiorganizations
could construct a building for profitable uses, as an exampie. �
The City Planner reviewed the background of t. `_-__ _ t for
Meadows '_st Acci- onby mer_- r Deve-_ope=.t Corp __s., was
held regarding the gracing pian.
Schmitt/Czaja moved to approve the final plat cf Meadows 1st
Addition subject to the following conditions:
1 �
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^� I
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Proposed Sale of a Portion of Prairie House Addition to
the U.S. Fish and Wildlife Service
DATE: November 13, 1987
INTRODUCTION•
The U.S. Fish and Wildlife Service is proposing to purchase
the north 13 acres of Outlot A, Prairie House 1st Addition. The
purchase of this area from the development is contingent on the
release of two documents, the developers agreement and the
declaration of covenants from the parcel by the City.
BACKGROUND:
On December 17, 1985 the City of Shakopee approved the final
plat for Prairie House First Addition located immediately to the
east of Valleyfair along Hwy 101. Following approval and
recording of the plat the City constructed a frontage road along
the approved subdivision. The developer has now received an
offer from the U.S. Fish and Wildlife Service to purchase the
north 13 acres of Outlot A (see attached drawing and letter) . A
condition of the purchase of this land by the U. S. Fish and
Wildlife Service includes removal of the developers agreement and
declaration of covenants and assessments from the parcel to be
purchased. The developer is requesting the City release these
documents against the parcel to be sold to the U.S. Fish and
Wildlife and that these documents only pertain to the southerly
portion of the Outlot. If the City Council agrees to the
developers request a resolution authorizing the release of these
documents from this parcel of property must be approved by the
Council.
The developer must also receive approval of a lot split or
replat from the City in order to divide Outlot A into two
parcels. A condition of approval of the final plat indicated
that Outlot A must be replatted before further development can
occur. It is staff's interpretation that the purchase of the
back portion of this outlot, located in the floodplain and to be
retained in it's natural state by the U.S. Fish and Wildlife
Service, does not qualify as further development of the parcel.
It is staff's conclusion therefore, Outlot A can be split to
allow the sale to the Fish and Wildlife Service through the
simple lot split procedure rather than requiring a complete
replat. If the Council does not agree with staff's
interpretation, a motion directing staff to proceed with a replat
should be passed. Staff anticipates that as a project comes
forth for the southerly portion of the Outlot, a replat will very
likely be necessary any way and it is more appropriate to replat
this area at the time that a proposed development is known.
STAFF RECOMMENDATION:
Staff recommends approval of the release of the developers
agreement and declaration of covenants from the north 13 acres of
Outlot A because this area is located in the floodplain and the
purpose of the land purchase by the Fish and Wildlife Service is
to prevent further development of the site. The staff also
proposes that upon approval of a lot split the current
assessments against Outlot A be apportioned with 100% the
assessments going towards the southern part of Outlot A and O% of
the assessments against the northern parcel. The original
assessments against the property were based on front footage.
The northern parcel does not have any frontage on the street
constructed by the City.
ACTION REODESTED•
1. Move and approve Resolution No. 2836 Exempting the northern
13 acres of Outlot A from the developers agreement and
declaration of covenants.
2. If the City Council concurs with staff's conclusion that the
sale of the northern parcel is not a further development of
Outlot A no action is necessary. If the City Council does
not concur with this conclusion the Council should pass a
motion directing staff to proceed with a replat of the area.
7d
RESOLUTION NO. 2836
A RESOLUTION EXEMPTING PORTIONS OF OUTLOT A
PRAIRIE HOUSE IST ADDITION FROM DOCUMENT NO. 227718
DEVELOPERS AGREEMENT AND DOCUMENT NO. 227721 DECLARATION
OF COVENANTS
WHEREAS, the City of Shakopee approved the Resolution No.
2494 Approving the Final Plat of Prairie House First Addition on
December 17, 1985; and
WHEREAS, the final approval of Prairie House First Addition
required the filing of a developers agreement and declaration of
covenants against all of Outlot A, Prairie House First Addition;
and
WHEREAS, the owners of Prairie House First Addition Outlot A
intend to sell the portion of Outlot A described as follows to
the U.S. Department of Interior Fish and Wildlife Service for the
purpose of retaining such parcel as public lands:
T. 115N. , R. 22 W. , 5th P.M. , Section 3, all that part
of Outlot A, Prairie House lst Addition, which lies
northerly of the following described line: beginning
at the Southwest corner of Outlot D, Prairie House lst
Addition; thence N.86 0912611W. approximately 600' to
the North-South Quarter line of Section 3, T. 115N. , R.
22W. and there terminate.
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Shakopee, MN that:
1. Document No. 227718 Developers Agreement Between the City of
Shakopee and Curtis D. Bradford be released from the above
described parcel of property.
2. Document No. 227721 Declaration of Covenants Between Curtis
D. Bradford to the Public shall be released from the above
described parcel of property.
3. Upon approval of the splitting of Outlot A and the assigning
of two parcel numbers for said Outlot the City of Shakopee
shall approve a resolution apportioning the assessments in
the following manner: The above described portion of Outlot
A will receive 08 of the assessments and the remaining
portion of Outlot A will receive 100% of the assessments.
Adopted in session of the City Council of
the City of Shakopee, MN held this day of
1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 1987.
City Attorney
ear,�.a ', PVSCF�k
"` ' � United States Department of the Interior s+ .�
.�_--+ FISH AND WILDLIFE SERVICE
-
a.. w° FEDERAL BUILDING,FORT SNELLING
TWIN CITIES,MINNESOTA 55111
IN REPLY Kong Ti
F?7S/ARW-RE - Minnesota
Minnesota Valley November 4, 1987
CMB, Inc. (128,b)
Mr. Curt Bradford
President
Bradberg, Inc.
126 North Franklin
Hutchinson, Minnesota 55350
Dear Mr. Bradford:
In keeping with our meeting on November 3, 1987, I have enclosed a purchase
agreement for the acquisition of approximately 12.86 acres of Outlot A,
Prairie House 1st Addition. This agreement is very similar to the agreement
we used in the past two tracts we purchased from you. Please note we have a
four-month period in which to accept the agreement and make it binding upon
the United States. -
We would expect our authority to obligate the funds to complete this
transaction will be received from our Washington Office in the nest several
months. During that time, we can order title evidence and proceed with the
other stems necessary to complete the sale.
After I met with you, I noted several instruments that have been recorded in
the Scott County recorders office since our last sale. They may create some
problems --or us because our attorney will probably ask that we have them
removed from the land we are acquiring. The instruments in question are as
follows:
1. Document #227718 Development Agreement between the City of
Shakopee and Curtis and Denise Bradford.
2. Document '.1227720 Agreement for Water System between the Shakopee
Utilities Commission to the Bradfords.
3. Document '.1227721 Declaration of Covenants Curtis and Denise
Bradford to the Public.
I would think that the City of Shakopee would remove these encumbrances from
the land we are acquiring because the land will be used for public purposes.
As the sale involves a split of Outlot A, we will need to get the City's
a7-roval. I plan on having the surveyors work on calcniating the exact
acreage nest week.
As we discussed, we will need a photocopy of the Articles of Incorporation
and minutes of the meeting that authorize you to sell the land. Please give
me a call if you have any questions.
Sincerely,
Ross D. Grimwood
Realty Specialist
Enclosure
BRADFORD & PRomNOW
ATTORNEYS AT LAW
IU NORTH FRANKLIN STREET_RIVERSIDE PLACE
[vans M.BRADFORD HUTUHNSON. MINNESOTA 55350
DANK.PROCHNOW TELEPHONE:
November 10, 1987 MW U7-27W
Mr. Douglas K. Wise
City of Shakopee
129 East First Ave.
Shakopee, MN 55379
Dear Mr. Wise:
As CFO of Bradberg, Inc. I request the following:
That the 429 assessment presently levied on the
following land:
T. 115 N. , R. 22 W. , 5th P.M. , Section 3, all that
part of Outlot A, Prairie House lst Addition, which
lies northerly of the following described line:
beginning at the Southwest corner ofOutlot D,
Prairie House lst Addition; thence N.86o09'26"W.
approximately 600' to the North-South Quarter line
of Section 3, T. 115 N. , R. 22W. and there terminate.
be removed and placed only on the remaining acreage of
Prairie House 1St Addition.
The land described above has no frontage and will
not be developed by the Fish 6 Wildlife. That will leave the
assessments on the front to be developed 23 acres.
Thank you.
Very truly ours,
B dford
CFO
CMB:cab Bradberg, Inc.
Subscribed to and sworn to before me this 10th day of
November, 1987.
CAROL A. BEWAN
t
", "ER
CCL Aapr� Notary Public
�1.. MEEKER LVURfY
Ncan.n E,p.e Y.S 1091 .
BRADFORD & PROCHNOW
ATTORNEYS AT[AW
I"NORTH FRANKLIN STREET—RIVERSIDE PUCE
CMTISAL BRADFORD HUTCHINSON, MINNESOTA 55350 TEIPPHom
DANK.PROC MW fbfi)SBI E]N
November 10, 1987
Mr. Douglas K. Wise
City of Shakopee
129 East First Ave.
Shakopee, MN 55379
Dear Mr. Wise:
As CFO of Bradberg, Inc. I inform you of the
following:
A sale is being made of 13 acres to the Fish
& Wildlife Service consisting of land lying North of a line
which is the extension of the south line of Outlot D in
a westerly direction.
This land is adjacent to land previously purchased
by the Fish & Wildlife and will be and remain in its natural
state. It also includes the desired land for the 70 foot
wildlife trail.
Thank you.
Very truly ours,
f?-rtN
Bradberg, Inc.
CMB:cab
,F
OUTLOT B 2
I
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z
OUTLOT A
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9�
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE: Issuance 'of Up to $9,000,000 in Tax Exempt Revenue
Bonds
DATE: November 13, 1987
INTRODUCTION•
The Benedictine Health System (BHS) , the present owner of
the St. Francis Regional Medical Center is desiress of City
participation in the sale of up to $9,000,000 in tax exempt
revenue bonds. This would require a public hearing to be held by
the City Council.
BACKGROUND:
As City Council members are aware, the St. Francis Regional
Medical Center has recently been transferred from the Franciscan
Order to the Benedictine Sisters Benevolent Association. The
later mentioned group, under the name of Benedictine Health
Systems, is presently operating the St. Francis Regional Medical
Center. BHS also operates St. Mary's Hospital in Duluth, St.
Joseph's Hospital in Brainerd, and a 120 bed nursing facility in
the City of Duluth. BHS is actually a health care holding
company for all of the aforementioned health care facilities.
(The Benedictine Sisters Benevolent Association is headed by
Sister Rebecca Wright. )
In 1983 the Franciscan Sisters took out a loan in the amount
of $7,700,000. At the present time there is a present estimated
outstanding balance of $7,000,000 on this loan. At such time as
the Benedictine Sisters Benevolent Association took over the
sponsorship of St. Francis from the Sisters of St. Francis an
agreement was made that there would be a cash pay-out sufficient
to make the $7,000,000 payment to the Sisters of St. Francis.
At this time the BHS would like the City of Shakopee to
authorize up to $9,000,000 in Tax Exempt Revenue Bonds. These
bonds are very similar to Industrial Development Revenue Bonds
which means that the City of Shakopee has no obligation
whatsoever for debt service on these bonds, even if the BHS were
to default on bond payments.
At this time City staff is evaluating the ramifications of
this proposed bond sale. The bond sales requires that a public
hearing be held prior to the sale of bonds. It is requested that
the City Council authorize this public hearing on November 17,
1987.
Attached please find additional information on this subject
from St. Francis Regional Medical Center.
ALTERNATIVES•
1. Set a public hearing for the sale of bonds on December 8,
1987.
2. Take no action on this issue at this time.
RECOMMENDATION•
It is recommended that the City Council set a public hearing
for December 8, 1987 for the sale of up to $9,000, 000 in Tax
Exempt Revenue Bonds.
ACTION REOUESTED•
Offer Resolution No. 2835, A Resolution Relating to a
Project Under the Municipal Industrial Development Act, and
Calling a Public Hearing Thereon, and move for it's adoption.
cl u.
RESOLUTION NO. 2835
RESOLUTION RELATING TO A PROJECT UNDER THE
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AND
CALLING A PUBLIC HEARING THEREON
BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota (hereinafter , the City) , as follows :
Section 1 . Recitals .
1 . 01. St . Francis Regional Medical Center , a Minnesota
nonprofit corporation ( the Borrower) owns and operates a
hospital facility in the City, known as St . Francis Regional
Medical Center (the Medical Center) .
1 . 02 . The Borrower has heretofore incurred certain
indebtedness in the acquisition or betterment of the Medical
Center (the Prior Debt) , which is outstanding as of the date
hereof .
1 . 03 . Pursuant to Minnesota Statutes , Sections 469 . 152
to 469 . 165 , as amended (the Act) , the City is authorized to
issue its revenue bonds to finance the cost of any properties ,
real or personal, used or useful in connection with a revenue
Producing enterprise engaged in providing health care services ,
inciuding hospitals, nursing homes and related medical
facilities, and to pay or discharge all or a portion of certain
outstanding indebtedness previously incurred in the acquisition
or betterment of existing hospital facilities .
1. 04 . The Borrower has requested that the City issue
its revenue bonds under the Act , in one or more series, in the
maximum aggregate amount of $9 , 000 , 000 to finance certain costs
in connection with the acquisition and installation of equipment
in the Medical Center (the Project) and to pay and discharge all
or a portion of the Prior Debt.
Section 2 . Public Hearing .
2 . 01. Section 469 . 154 , Subdivision 4 , of the Act
requires that prior to submission of an application to the
Minnesota Commissioner of Trade and Economic Development
requesting approval of a project as required b, Sec_ion 469 . 154 ,
Subdivision 3 , of the Act, this Counci: =n—c— = gubiic hearing
concerning the nroposal to undertake and = Project .
Pursuant to that provision, a public hearing is hereby called on
the proposal to pay and discharge all or a portion of the Prior
Debt and to finance the Project . The public hearing shall be
held on nEr— 8 , 1987, at S_OD o ' clock P.M. , at the City Hall .
2 .02 . The City Clerk shall cause notice of the public
hearing to be published in the official newspaper of the City
(which is also a newspaper of general circulation in the City) ,
at least once not less than fourteen (14) nor more than thirty
(30) days prior to the date fixed for the hearing, such notice
to be in substantially the following form:
NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT
AND THE ISSUANCE OF REVENUE BONDS UNDER
THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT,
MINNESOTA STATUTES, SECTIONS 469 . 152 TO 469 . 165, AS AMENDED
CITY OF SHAKOPEE, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the
City of Shakopee, Minnesota (the City) , will meet on bfC. , b'
1987, atj'.Oe o 'clock P.M. , at the City Hall, 129 East First
Avenue, in Shakopee, Minnesota, for the purpose of conducting a
public hearing on a proposal that the City issue its revenue
bonds , in one or more series, under the Municipal Industrial
Development Act , Minnesota Statutes, Sections 469 . 152 to
469 . 165 , as amended, in order to finance the acquisition and
installation of equipment in the existing hospital facilities
now known as St . Francis Regional Medical Center, located at
325 west Fifth Avenue in the City and now owned and operated by
St. Francis Regional Medical Center, a Minnesota nonprofit
corporation (the Borrower) , and to pay and discharge certain
outstanding indebtedness of the Borrower previously incurred in
the acquisition or betterment of such existing hospital
facilities. The estimated maximum aggregate amount of the
proposed revenue bonds is $9 , 000 , 000 . The revenue bonds shall
be limited obligations of the City, payable solely from the
revenue pledged to the payment thereof. No holder of any such
revenue bonds shall ever have the right to compel any exercise
of the taxing power of the City to pay the bonds or the
interest thereon, nor to enforce payment against any property
of the City. Before issuing the revenue bonds the City will
enter into an agreement with the Borrower or an affiliate
thereof whereby the Borrower or such affiliate will be
obligated to make payments at least sufficient at all times to
pay the principal of and interest on such revenue bonds when
due.
A draft copy of the proposed Application to the
Minnesota Department of Trade and Economic Development for
approval of the project, together with draft copies of all
attachments and exhibits thereto, is available for public
inspection at the office of the City Clerk between the hours of
8 :00 A.M. and -5-60- P.M. , on normal business days .
9'.I o
All persons interested may appear and be heard at the
time and place set forth above, or may file written comments
with the City Clerk prior to the date of the hearing set forth
above .
Dated: moo, 18 1987 ,
BY ORDER OF
ff THE CITY COUNCIL
By �u� lC � S , CdX __
Ciry Cie rk
_z_ riry ni' SNdKG �E �.
2 . 03 . A draft copy of the proposed application to the
Minnesota Commissioner of Trade and Economic Development ,
together with all attachments and exhibits thereto, is hereby
ordered placed on file with the City Clerk, and shall be
available for public inspection, following the publication of
the notice of public hearing, between the hours of 8 : 00 A.M.
and 5ige P.M. on normal business days .
y:ao
Adopted this day of 1987 .
Mayor
ATTEST:
City Clerk
-4-
SOP 1HE hyom Q—
z
0
Clio,
ST. FRANCIS (612)445-2322
REGIONAL MEDICAL CENTER 325 West Fifth Avenue, Shakopee, Minnesota 55379
ST. FRANCIS REGIONAL MEDICAL CENTER
PROPOSED $9 MILLION TAX-EXEMPT REVENUE BOND ISSUE
Summary of Transaction
St. Francis Regional Medical Center is requesting the City
of Shakopee to issue up to $9 million of tax-exempt revenue bonds
and loan the proceeds to St. Francis . The proceeds will be used
by St. Francis to refinance approximately $7 million of its
existing debt with the balance being used for the acquisition of
equipment and other capital improvements of St. Francis.
As of October 1, 1987, St. Francis became a member institu-
tion of the Benedictine Health System. The Benedictine Health
System is a health care system which has its principal office
located in Duluth, Minnesota. In addition to St. Francis, the
following are member institutions of the Benedictine Health
System%
St. Mary' s Medical Center, Duluth, Minnesota
St. Joseph' s Medical Center , Brainerd, Minnesota
Benedictine Health Center, Duluth, Minnesota
St. Francis presently has outstanding approximately $7
million of indebtedness relating to previous remodeling and
improvements of St, Francis. At the present time, this indebted-
ness bears interest at the rate of 12-1/28 per annum. By
refinancing this indebtedness with tax-exempt bonds, it is
anticipated that St. Francis can realize approximately $200,000
to $300,000 of interest savings each year . This interest savings
will be reinvested in the St. Francis facilities and will help
St. Francis retain its position as a viable provider of health
care to the residents of Shakopee. The remaining proceeds of the
bond issue will be used to partially fund St. Francis ' capital
budget for the immediate future. Again, the anticipated improve-
ments that will be made to St. Francis through the capital budget
will also insure that St. Francis will not merely survive in the
future, but thrive.
In order to secure the bond issue, it is anticipated that
St, Mary' s Medical Center in Duluth and St. Joseph's Medical
AFFIRMATIVE ACTION EMPLOYER
2 -
Center in Brainerd will guarantee the obligations of St. Francis.
Not only will this provide additional security for the bond
holders, but by lending the credit of St. Mary' s and St. Joseph' s
to the bond issue, the bonds should be able to be sold at a more
favorable interest rate. It is this "credit enhancement' that
will permit the substantial interest savings.
9' b
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk Uc'./
RE: Appointment to Planning Commission
DATE: November 6, 1987
INTRODUCTION & BACKGROUND:
On November 4, 1987, Council nominated Jim Link and Terry
Forboard to the Planning Commission. It is appropriate that the
appointment be made at this meeting. The appointed candidate
will be filling a vacancy created by the resignation of Dave
Pomerenke. The balance of the term extends until January of
1990.
ALTERNATIVES:
1) Appoint an applicant to fill vacancy.
2) Do Not fill vacancy.
3) Make additional nominations & appointments.
4) Reduce membership on the Planning Commission.
ACTION REQUESTED:
1) Make any additional nominations desired.
2) Conduct election for appointment.
3) Move to appoint to the
Planning Commission to fill the unexpired
term ending January 31, 1990.
JSC/tiv
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.
Raving 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 6 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.
Rgi76
f
496-1838
lo �
9d'
Terry M. Forbord
2103 Bridge Crossing
Shakopee, Minnesota 55379
June 18, 1987
RECEIVED
Mayor Eldon Reinke and JUN 1 81987
Members of the City Council
City of Shakopee Ct-Y OF SHAKOPEE
129 E. First Avenue
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 am 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 each agenda,
the frequency of matters related to those two companies 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
9�
MEMO TO: John R. Anderson, City Administrator
FROM: Ren Ashfeld, City Engineer/
SUBJECT: Downtown Streetscape Project
DATE: November 10, 1987
At their November 4, 1987 Council meeting, Councilmember Wampach
brought up the issue of SPUC' s dissatisfaction with the method of
installation of pull boxes for lighting fixtures on the subject
project. Apparently, there was some miscommunication between
SPUC and the electrical consultant. As one might expect, that
miscommunicaion was carried to my department as we are the
project managers . Efforts are being made to assure that this
communication problem is corrected.
A meeting was held on November 5, 1987 to clarify the situation.
Jerry Wampach and Lou VanBout were kind enough to commit time to
this meeting and the following points were clarified.
1. The method of which the electrical poles are
constructed (spin cast) does not provide adequate
tolerancing to assure the inside diameter of the pole
core which is intended to house the incoming electric
conduit.
2. Because of No. 1 , conduit runs (in & out) cannot be
accommodated in the space provided in the poles
received at the job site. This was unexpected since
the product literature called for a specific pole core
diameter and did not refer to the inability to
tolerance this dimension.
3. Because of No. 1 and No. 2 above, it is necessary to
install a pull box by the pole to accommodate
installation.
4. It is SPUC' s recommendation and desire to have surface
access pull boxes installed. This was not being done
and was the main point of miscommunication.
5. The City will own the system and sPUC will maintain the
system. Since the surface access boxes will make
maintenance easier and less costly, I concurred with
LOU'S recommendation. Arrangements are being made to
have the surface access boxes installed.
As a result of installing these boxes, two things are apparent.
• The boxes will add cost to the system.
• The City will have somewhat of a better product because
wiring will be much more accessible.
Downtown Streetscape Project
November 10, 1987
Page 2
As of now, we are taking a hard line approach with the
contractor . Since the pole manufacture ' s literature is
misleading and resulted in this unexpected problem, we are asking
the supplier to pay the extra cost of the work. I expect this
approach will be contested and I will keep you appraised as to
extra costs incurred.
KA/pmp
LIGHTS
cc: Lou VanHout, Utilities Manager
MEMO TO: John K. Anderson, City Administrator
FROM: Ren Ashfeld, City Engineer
SUBJECT: Speed Limits in Alleys
DATE: November 10, 1987
INTRODUCTION:
At their October 4, 1987 meeting, Council received a petition for
speed zoning in the alley between Shumway, Apgar, 6th Avenue 6
7th Avenue. Council directed staff to consider the specifics of
the petition and return with a staff report. Additionally,
Council asked staff to identify existing traffic regulations for
truck parking in alleys, particularly in the CHU area.
BACKGROUND:
ALLEY SPEED ZONINC-
The petition for speed zoning requested that the lowest speed
limit possible be placed along this alley. Minnesota Statutes
169.14 states that the maximum speed in alleys is 10 MPH. Even
without signing, speeds in excess of this limit "shall be prima
facie evidence that the speed is not reasonable or prudent and
that it is unlawful" .
Similar maximum speeds are placed on urban district streets and
other locations. The law basically establishes speed limits on
alleys, streets, and roadways that may otherwise not be posted.
Minnesota Statutes 169.14 Subdivision 5C goes on to state that
local authorities may regulate speed limits in alleyways
differently from the 10 MPH based upon engineering and traffic
investigations. Speed limits other than 10 MPH must be posted.
Engineering has reviewed the physical characteristics of the
alley such as site distance, grades, etc. We have determined
that there are no specific characteristics that would generate
higher speeds (as a characteristic of the driver) or predicate
that 10 MPH is hazardous . We have not. completed any speed
studies to determine actual driving characteristics.
ALLEY PARKING (LOADING ZONES)
State Statutes do not govern parking regulations on local
jurisdictional streets and alleys. Shakopee City Code Section
9 . 30 Subd. 4 states "Parking of commercial vehicles is
permitted. . . in alleys, for a period of twenty (20) minutes ,
provided that such alley parking does not prevent the flow of
traffic therein, . . . for loading and unloading.
RECOMMENDATIONS:
ALLEY SPEED ZONING
I recommend that the speed limit in this alley, as well as all
alleys within Shakopee , be maintained at 10 MPH . This
recommendation is based upon our information relative to all
alleys. If there are specific characteristics of an alley that
would require a reconsideration, that alley can be studied
individually.
Regarding posting of the 10 MPH limit, I strongly recommend
against this action for the following reasons:
1. Violations of alley speed limits are difficult to
enforce.
2, 1 do not believe that sign posting would change driving
habits.
3. If this alley was posted, shouldn' t all alleys be
posted? There are approximately 174 alleys within
Shakopee . The cost to post all alleys would be
approximately $14,000.00 to implement the program plus
long term maintenance.
ALLEY PARKING
Violations of the 20 minute time limit is very difficult to
enforce. Violations of blocking the traffic flow is enforceable
but may not be practical in all instances. I have recommended to
the Police Chief that his department issue warnings, as an
educational tool , to vehicles that are carelessly blocking an
alley that could have stopped otherwise, such as pulling all the
way to one side.
REQUESTED ACTIONS:
ALLEY SPEED ZONING
Move to receive and file a petition from the residents of Block
86, Shakopee City Plat, dated October 27 , 1987, requesting the
lowest possible speed zoning on the alley within Block 86 .
No Other Action is Being Requested.
AUEY PARKING
No specific action is requested.
EA/pmp
ALLEY
! - k 6 9d
�u /K
4. -
v�' — teal
5- 5- 7 ��
REECEI`JED
OCT2 81987
CITY OF SHAKOPEE
C 0 N 1
MEMO TO: John R. Anderson, City Administrator
FROM: Ray Ruuska, Engineering Coordinator
SUBJECT: 1987 Pavement Preservation - Overlay
Project No. 1987-11
DATE: November 9 , 1987
INTRODUCTION:
Attached is partial Estimate No. 3, including •Change Order No. 1.
BACKGROUND:
The Contractor performed bituminous patching at 8th Avenue and
Spencer Street outside the scope of the contract. Cost of this
patching is as shown on the attached Change Order No. 1.
ACTION REQUESTED:
A motion to approve Change Order No. 3. and approve payment to
Plehal Blacktopping, 3460 W. 130th St. , Shakopee, MN 55379 for
1987 Pavement Preservation - Overlay, Project No. 1987-11 in the
amount of $ 2,042.43.
RR/pmp
PAYMENT
�=
CT
PARTIAL ESTIniATE VOUCHER
Contract No. 1987-11 Partial Estimate Voucher No. 3—
Period Ending; QaLgbu 31. 1987
TO: Contractor rn Phar nlaCktwDing. Inc.
Address 3460 W. 130th St. SakWee, MS 55379 _
Project Description 1987 Payment Preservation - Overlay
1. Original Contract Amount $ 39.978.75
2, mange Order No. 1 Thru No. — $ 800.00
3. Total Funds Encumbered $ 40.778.75
4. Value of Work Completed $ 42.747.42 Value of Work
ung
5. 2— Percent Retainage $ 854.94
6. Previous Payments $ 39.850.05
Percent Complete
7. Deductions or Charges $ -0-
1008
8. Total $ 40.704.99
Payment Due (Lira 4 - 8) $ 2 042 43
CEIiTMCATE OF I?AMgESII' S 4 L
(I, We) hereby agree that the quantity and Value of work shown herein is a fair
estimate of tt work completed to date.
mrmracivRn �E�-�ll�� lU� �
BY
TTTfx
APPIDM - CMT OF EPEE
-
-' o'pr jecI�t Date
C l
City Adm;*,sgator / nate
9�
F ? _
C9ARR CRIER �
Ctange Order No.: 1 Project Name: 987 Pa *s
Overlay
Date: Number 6. 1987 Contract No.- 1987-11
Original Contract Amount $ 39.978.75
Change Orders) No. = thru No. $
Total Eads ErnTmibered Prior to Change Order $ 39.978.75
Description of Work to be (Added/Deieted) :
16 Tons of Bituminous Patching @ $50.00 per Ton
The above described work shall be incorporated in the Contract, referenced above, under the
same conditions specified is the original Contract as amended unless otherwise specified
herein. Any work not so specified shall be performed in accordance with the Standard
Specifications adopted by the City of sbakopee, Mum esota,
The amount of the Contract shall be increased by $ 800.00
The number of calendar days for coupletion shall be (increased/decreased) by -0-
Original Contract A omt $ 39,978.75
Change Order(S) No. I _ thru
Total Funds Encumbered $ 40.778.75
Completion Date• same
The undersigned Contractor hereby agrees to perform the work
specified in this Change Order in accordance with the
specifications,,/�c�ond�itions and prices, specified herein.
Contra 1 �If3
Title �S'T/A.lfS
Date:
RD �•
tY 9�e I�te
APPROVED: City of Shakopee /
By- Approved as to form this
Mayor Date
day of 19 _.
City Administrator Late City Attorney
City Clerk nate
MEMO TO: John R. Anderson, City Admin✓✓✓✓istrator
FROM: Ren Ashfeld, City Engineer ;� —
SUBJECT: Payment for Engineering Services
Review of Traffic Impact Analysis
Starwood Music Center
DATE: November 13, 1987
INTRODUCTION S BACKGROUND:
City Council approved retaining the services of Howard Needles
Tammen 6 Bergendoff (HNTB) to review the traffic impact analysis
for the proposed Starwood Music Center . For the most part, the
work is complete and the report distributed to Council
accompanying a previous memo. The only work that remains to be
completed would be representation at a future Council meeting.
You may recall that the proposals for the work was based on
actual time spent and current hourly rates . Attached is the
invoice for work completed to this point. I anticipated that the
cost of the review would be on the order of $5,000.00 based upon
discussions with the various firms that submitted proposals. The
invoice reflects a cost to date of $4,288 .91.
RECOMMENDATION:
I recommend approval of payment in the amount of $4,288.91 to
HNTB. I further recommend that this amount be included in
project review costs to the CUP applicant.
REQUESTED ACTION:
Move to approve payment in the amount of $4,288.91 to Howard
Needles Tammen 6 Bergendoff for engineering services relative to
the Starwood Music Center Environmental Assessment Worksheet
review and that this cost be forwarded to the Conditional Use
Permit applicant.
KA/PmP
PAYMENT
C :M�T�T71-
HD'WAIRO NEEDLES TAMMEN & 13ERGENOOFF
November 6, 1987
Shakopee Engineering Department
129 East First Avenue
Shakopee, Minnesota 55379-1376
In Account With
Howard Needles Tamm an & Bergendoff
Architects Engineers Planners
Minneapolis, Minnesota
Invoice No. 1-12121-11-00
For traffic engineering and Transportation planning services in the review
and evaluation of the proposed Starwood Amphitheater development in
accordance with Proposal dated September 25, 1987.
DIRECT LABOR - (Detail Attached)
September, 1987 through October 23, 1987 $ 1 ,035.07
$1 ,035.07 x 2.65 $ 2,742.94
DIRECT EXPENSES - (Detail Attached)
September, 1987 through October 23, 1987 $ 35.26
Sub-consultant, M.J. Huber 1 ,510.71
1 ,545.97
Total Costs This Period 4,288.91
Plus Previously Submitted 0.00
Total Costs To Date 4,288.91
Less Previously Invoiced 0.00
Amount Due This Invoice $ 4,288.91
We certify that the above statement
is just and correct and payment has
not been received.
HOWARD NEEDLES TAMMEN & BERGENDOFF
BY: '�*
�t
h'OV 51987
7500 Cats i 1 1 FRO - i# 1 16
Ed 3 rz v MN 55435
November 4, 1987
Howard Needles Tammen & Bergdoff
6700 France Av. South
Minneapolis, MN 55435
For professional services relative to review and evaluation of the
proposed Starwood Music Center in Shakopee, Minnesota.
For the period October 1, 1987 to November 4, 1987.
25 hours a $60.00 per hour . . . . . . . . . . $1500.00
Matthew J. J, P.E.
Travel costs:
Personal auto use - travel to Shakopee and vicinity
to review site and area roadways. fOct. 1 , 1987)
51 miles a 80.21 per mile 810.71
_ _HUWgRU___NEEDLES_TAMMEN. _6BERGFMDOFF�RE OP RT 4r
(RUN: 10/29/87) EXPENSE DISTRIBUTIUN BY BILLING OFF1C.
THE_.HONTH_ENDFO 10/23/87 _ PAGE 44`
.1OR• 11111 FYAL_3.BU2OSFD AMPRITHEATR N (:P4 ROfl RE: LNi
SEGMENT: 11 12 1:
BILLING UFFICE• 1:
DATE OFC EXPENSE ITEM CHECK EXP EXPENSE TYPE NET
Nn/DY NRR nFSCR:PTInN NBE TYPE DFSCRIPTIUN AMOUNT
IDZlrl12FR 1, ALLAH 10_-(Ys-87 —2 7--TRA VEL_fi_S UBS3ST F 21 .82
10/23 12 ER L DALLAM 10-21-87 27 TRAVEL 6 SUBSISTENCE 13.44
� r''�-I £}tB YN�&B 'R-�2 B7 27 TitAVE},�8 S8s5 i6'f EN6fi {-6"
TUTAt. EXPENSE 'PYpF J] THAVF I�.✓`.S.DBSITNCE .-�4-Q6
as.z6
TOTA1 NILN_PAVRDLL EYPEXSES
35.26
o �
Co /Ys 7-
MEMO MEMO
TO: JOHN ANDERSON-ADMINISTRATOR
FROM: JIM KARKANEN - PUBLIC WORKS
SUBJECT: CONTRACTOR WINTER ASSISTANCE
DATE: N0V.9, 1987
INTRODUCTION:
Contractual assistance is requested for winter snow
maintenance in two areas for the winter season 1987-88 by the
Public Works Department.
BACKGROUND:
S.M.Hentges and Sons Inc
Permission from City Council is requested by the Public
Works department to enter into a contractual agreement with
S.M.Hentges and Sons, Inc. , to assist the City with winter snow
plowing in the Eagle Creek rural area.
Because of manpower and equipment shortages , it is
practically impossible to meet public demand for prompt and
efficient service in the former Eagle Creek rural area unless a
portion of the plowing and cleaning responsibilities is shared by
an independent contractor.
By splitting the priorities in this area, we can respond to
emergency situations more promptly, by at least getting the rural
roadways open, then coming back later to widen, wing, and sand
these roadways when time permits. When utilizing the contractor
in the rural areas, we will also have one of our own plows in the
sector with his own plow route. It is necessary to have several
plows in the area because we have an obligation to get the main
roads open by 6 :00 AM for the school bus routes .
The contractor is used only for emergency situations, as
determined by City officials. As a rule, we consider a snowfall
over 3" as an emergency condition, depending on wind velocity and
direction. We generally will call out the contractor when he is
needed as the storm situation is identified for our area. These
contractual services are also available for natural disasters ,
such as tornadoes, floods, etc. In the event of a natural
disaster, we have been informed that federal and state
reimbursement is only possible if the contractual services and
hourly prices have been agreed upon prior to the emergency.
We had contacted Shakopee Construction to see if they could
provide contractual assistance, and they indicated that they
could only have a truck/plow available. He still has not
supplied us with an hourly price after being asked on two
occasions.
Gene Hauer has indicated that he does have a grader available
because he has Jackson Township under contract, and he could not
provide service to both governmental bodies.
We have been satisfactorily using S.M. Hentges and Sons
since 1980, and his submitted hourly rate ( 75 .00/hr) for a
grader, equipped with a wing, is considered a fair rate for that
type of machine.
Jerry' s Lawn Service
We have solicited prices for a Bobcat type piece of
equipment to assist us in clearing snow from the sidewalk
and nodes on the downtown streetscape on Lewis and Sommerville
streets, as well as cleaning the stairways around the Huber Bldg.
parking lot. We do not have enough personnel to clear these
areas with our own crews. One of our front end loaders will be
working on the downtown area, but will not have the
maneuverability to clean around the nodes, trees, and bench
areas . The bobcat will work the snow toward the curb area, and
the front end loader will clean it from the streetside of the
curb.
Jerry' s Lawn Service Hentges
Bobcat 540. 00/hour 550. 00/hour
Hand Labor . 15 .00/hour 30.00/hour
Pickup/plow 40.00/hour N/A
The pickup truck could be used to assist in cleaning the
parking lots on Lewis St. , if needed.
Our operating budget generally has funding for equipment
rentals to assist our operation.
ACTION REQUESTED:
Authorize City officials to enter into an agreement with
S .M. Hentges and Sons, Inc. , of Shakopee, Minn. , for contractual
assistance under emergency conditions, as directed by City
officials.
Authorize City officials to enter into an agreement with
Jerry's Lawn Service, of Jordan, Minn. for contractual assistance
under emergency conditions, as directed by City officials.
RENTAL QUOTATIONS FOR EMERGENCY CONDITIONS
Nov. 15, 1987 to Nov. 15 , 1988
CONTRACTOR: S.M. Hentges and Sons, Inc. , Shakopee, Mn. 55379
EQUIPMENT DESCRIPTION•
966 LOADER $95.00/hr
743 BOBCAT 50.00/hr
140G MOTOR GRADER W/WING 75.00/hr
LABOR 30.00/hr
(Rates listed are at straight time - overtime will not be paid
for rental equipment. )
1 . Emergency conditions could include natural disasters such as
floods or tornadoes in addition to snowfall, etc.
2. The contractor shall furnish the operator, fuel required,
certificate of insurance, and shall assume repair costs
incurred.
3. A representative of the City of Shakopee will notify the
contractor of the starting time and the type of equipment
that is needed. The type and amount of equipment needed
will depend upon the weather conditions and circumstances.
DATE CONTRACTOR
DATE CITY OF SHAKOPEE
RENTAL QUOTATIONS FOR EMERGENCY CONDITIONS
Nov. 15 , 1987 to Nov. 15 , 1988
CONTRACTOR: Jerry' s Lawn Service (Jerry Neisen)
5906 180th Street
Jordan, Minnesota 55352
EQUIPMENT DESCRIPTION:
BOBCAT $40 . 00/HR
PICKUP/PLOW 40 .00/HR
HAND LABOR 15 . 00/HR
(Rates listed are at straight time - overtime will not be paid
for rental equipment. )
1 . Emergency conditions could include natural disasters such as
floods or tornadoes in addition to snowfall , etc.
2. The contractor shall furnish the operator, fuel required,
certificate of insurance, and shall assume repair costs
incurred.
3 . A representative of the City of Shakopee will notify the
contractor of the starting time and the type of equipment
that is needed. The type and amount of equipment needed will
depend upon the weather conditions and circumstances.
DATE CONTRACTOR
DATE CITY OF SHAKOPEE
S M.Hentcyes
&sons/nc. P. O. BOX 212 SHAKOPEE, Iti1N. 55373
(612) 445-7004
November 5, 1987
City of Shakopee
129 East First Ave.
Shakopee, MN. 55379
Attn: Dorothv
Pe: Snow Re:nval Rates for 1987-88 Season
966 Loader 95.00/Hr
743 Bobcat 50.00/Hr
140G Motor Grader
11/wing 75.00/Hr
Labor 30.00/Hr
Submitted by:
7
c,. ens a es
President
S.M. Hentges S Sons, Inc.
GENERAL CONTRACTOR
= . . R & %VATE R, EXCAVATING, 3ITE DtJ=LC?I NG, i'Ut :< `i'.7 iC 1_. ,' :,:Ov;%G
rap. rv-
JERRY'S LAWN SERVICE PROPOSAL AND
5906 160th Street ACCEPTANCE
JORDAN, MINNESOTA 55352
Phone 492-6738
JSAL SUBMITTED TO PHONE DATE
cv of Shakopee 445-?211 1 28187
JOB NAME
i Gorman Street Snowplowing
STATE AND 21P CODE JOB LOCATION
:kopee, PN 55379 Shakopee, MN
r.1. DATE OF PLANS JOB PHONE
reby sobmir speObmfons and estimates for:
Mr. Jim &arkanen,
Listed below is the prices I charge for snowplowing:
Bobcat. . . . . . . . . . . . . . . . . . . .$40.00 per hour.
Pickup truck. . . . . . . . . . . . . .$40.00 per hour.
Hand shoveling. . . . . . . . . . . .$15.00 per hour.
Please call if you have any questions.
Upon acceptance of this proposal, please sign and return the white copy to me.
Thanks,
Jerry Neisen
We Propose ^arab. to E--h moterial and labor — complete In accordance with oboe specifications. for the sum of:
dollars IS J.
t to be mode vs lollawz:
z guard meed to ber era ape[il.ed. All —el ,o be consisted In a w nhm `
Yotl^g ro rand—of w•11 , ce ec e e or dewo n iom abwe Authorized `
g ..ver uud onlYon rine^ 1
a-m upon w o elders, aunt �gno `
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lrFes saccidents cAorgdelays beyond be—
.. rhe ,.,Own.,All sa carry
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her --cess 1 --ca ce. Our —k-11 a- fully ....ed abY Work—, Com s proper be
mn mwmnre. withdrawn by us if nolo opted within days.
.ceptance of Proposal-Theabe.. nee, •pecdrtanan,
mndn.—% a,. ,mnfacie, a-d a,. hereby accepred_ Yau or. aurneneed `n L J.
o $Sw wM as pecitie,s. payment will be made as outlined coo- Signolure III///___CCC(((/fffsa✓i+i'i
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9 �
TO: Mayor, Councilmembers
FROM: Tom Brownell, Chief of Police
RE: Police Firing Range Agreement
DATE: November 18, 1987
INTRODUCTION ----On January 11, 1983, Council authorized staff to enter into a
lease agreement with Valley Industrial Development Company
for the use of property located near Co. Rd. 83 6 Co. Rd. 16
for the purpose of a police firearms range.
BACKGROUND
The lease agreement is due to expire January 7, 1988. The
Police Department requires the use of a firing range for
training purpose and Valley Industrial Development Company is
willing to renew the lease. The agreement is the same as the lease
agreement signed in 1983 for five years.
RECOMMENDATION
Renew the lease agreement with Valley Industrial Development
Company.
COUNCIL ACTIO N REQUESTED
Authorize the proper city officials to execute a lease
agreement with the Valley Industrial Development company for
a police firearms range.
LEASE AGREEMENT
By and Between
Valley Industrial Development Company
and
The City of Shakopee
(Shooting Range)
THIS INDENTURE, made this day of ,-
19 , by and between Valley Industrial Development Company, a
partnership, party of the first part, Lessor, and the City of
Shakopee, a municipal corporation, party of the second part, Lessee.
WITNESSETH, that the said party of the first part, in
consideration of One Dollar and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does
hereby demise, lease and let unto said party of the second part, and
the party of the second part does hereby hire and take from the party
of the first part, for purposes of use as a shooting range, the
following described premise:
That part of the Southwest Quarter of the Southeast Quarter
of Section 9, Township 115, Range 22, Scott County,
Minnesota, described as follows:
Beginning at a point on the west line of said Southwest
Quarter of the Southeast Quarter distant 528. 00 feet north
of the southwest corner; thence easterly parallel with the
south line of said Southwest Quarter of the Southeast
Quarter a distance of 180. 00 feet; thence south parallel
with said west line a distance of 325.00 feet; thence west
parallel with said south line a distance of 180. 00 feet to
said westline; thence north along said west line to the
point of beginning.
To have and to hold, the above rented premises unto the said Lessee,
for and during the full term of five years from date hereof, subject
to cancellation by either party upon sixty (60) days written notice.
The said Lessee covenants and agrees with the said Lessor not to
assign this Lease or underlet the above rented premises or any part
thereof without first obtaining the written consent of the Lessor, and
that at the expiration of this Lease or prior termination thereof as
herein provided, the said Lessee will quietly yield and surrender the
above described premises to the Lessor, in as good a condition and
repair as it was when the Lessee took possession thereof, reasonable
wear and tear and damage by the elements alone excepted.
The said Lessee does hereby further covenant with the said Lessor
to hold the Lessor, its agents, heirs, employees and assigns harmless
from any and all damages, claims, causes of action or other liability
that might arise from the maintenance and operation of said shooting
range by said Lessee.
And the said Lessor does hereby covenant with Lessee that upon
the Lessee complying with the terms hereof, it shall and may peaceably
and quietly have, hold and enjoy said demised premises for the term
hereof.
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES hereto that this
written Agreement constitutes the entire agreement between the parties
hereto.
9 �
IN TESTIMONY WHEREOF, the parties hereunto have caused this
Agreement to be executed in duplicate this day of
19
VALLEY INDUSTRIAL DEVELOPMENT COMPANY
SCOTTLAND INC. , Partner
By 0
t f s �Ke eol`-c ue U vw—ss-Cdr XFc
Authorized Signature
CITY OF SHAKOPEE
By
Mayor
By
City Administrator
By
City Clerk
State of Minnesota)
County of Scott )
On this day of 19 , before me a
notary public within and for Scott County, Minnesota, personally
appeared Bruce D. Malkerson to me personally known, who, being by me
duly sworn did say that he is the Executive Vice President of
SCOTTLAND INC. , the General Partner of Valley Industrial Development
Company, the corporation named in the foregoing instrument, which was
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Licensing Amusement Devices
DATE: October 28, 1987
Introduction
On September 1, 1987, Council directed staff to prepare an
- ordinance that would address licenses for gaming machines such as
Pool tables, video games, and pinball machines; one license
covering each establishment.
Background
When Council approved applications for pool table licenses for
1987, they asked staff for a report on the need for licensing.
In the memo dated August 21, staff outlined the history of
licensing pool tables and reported that there have been no
incidents where thepolice were called relating to the use of
pool tables.
The three establishments currently holding a pool table license
(Jerry' s Pizza, Eagles, and R. Hanover Inc. ) also hold either a
liquor or beer license.
If the purpose of licensing amusement devices is for control, the
Chief of Police has indicated that they are experiencing no
problems where amusement devices are located (pool tables, video
games, etc. ) .
According to the Association of Metropolitan Municipalities 1987
Fee Schedule there are 30 cities who license pool tables and
there are 32 cities who license coin operated devices/video.
Alternatives
Pro Con
A. License amusement devices.
1. Source of revenue. 1. The City is experiencing
2. Method of control if a no policing problems.
problem arises. 2. An inspection of
businesses would be
necessary to determine
where video games are
located.
B. License pool tables only. (Current fee could be reduced:
$100 1st table and $50 for each additional table. )
1. Source of revenue. 1. The City is experiencing
2. Method of control if a no policing problems.
problem arises.
C. License video games only.
1. Source of revenue. 1. The City is experiencing
2. Method of control if a no policing problems.
problem arises. 2
businesses lwould be
necessary to determine
where video games are
located.
D. Dispense with licensing pool
tables.
1. The City is experiencing no 1. Loss of revenue.
policing problems.
Recommendation
The City Attorney has prepared the two attached ordinances. One
ordinance amends the current pool table licensing ordinance to
include mechanical amusement devices and one ordinance simply
repeals the licensing of pool tables.
Staff recommends adoption of the latter, amending the City Code
to dispense with licensing pool tables - and not implementing the
licensing of video games and other amusement devices.
Recommended Action
Offer Ordinance No. 236, and move its adoption.
ORDINANCE NO.
Fourth Series
An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City
Code Chapter 6 entitled 'Other Business Regulation and Licensing" by
Providing for Licensing of :Mechanical Amusement Devices and Mechanical
::.sic Boxes; Defining the same and Modifying Section 6.31 of the Code
and by Adopting by Reference Shakopee City Code Chapter 1 and Sec 6.99,
Which Among Other Things Contain Penalty Provisions
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION 1: New Provisions added to Sec 6.31
A. Title of Sec 6.31 is hereby amended by adding after the words"Game
Tables" the words "and Mechanical Amusement Devices and i'echanical ''.usic Boxes".
B. Defining mechanical amusement device and mechanical music box.
1. Mechanical amusement device means any machine which,upon
the insertion of a coin, slug, or token, operates or may be used for a game, contest
or amusement of any description and does include video games.
2. Mechanical music box means any machine which plays music upon
the insertion of a coin, slug or token.
C. Insert in Subd 1 of Sec 6.31 between the words "Game Table' and
"available" the words "Mechanical Amusement Devices and Mechanical Husic Box".
D. The License fee for keeping or maintaining mechanical amusement
devices and mechanical music box shall be set by resolution.
SECTION II: Adopted by Reference
The general provisions and definitions applicable to the entire City Code
including the penalty provisions of Chapter 1 and Section 6.99 entitled "Violations
a Petty Misdemeanor" are hereby adopted in their entirety by reference as though
repeated verbatim herein.
SECTION III: When in force and effect
After the adoption and 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.
ayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form
this 13 day of November, 1987.
y Attorney
ORDINANCE NO.
Fourth Series
An Ordinance of the City of Shakopee, PSinnesota, Amending Shakopee City
Code Chapter 6 entitled 'Other Business Regulation and Licensing" by
Repealing Section 6.31 entitled 'Billiard, Pool and Other Game Tables".
THE CITY COUNCIL OF THE CITY OF SHAP.OPEE, MINNESOTA, ORDAINS:
SECTION I: Repeal
Section 6.31 of Chapter 6 entitled "Billards, Pool and other -sane
Tables' is hereby repealed in its entirety.
SECTION II: 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,
Y,innesota, held this day of , 1987.
_Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as toformthis
_day of November, 1987.
t Attorney
MEMO TO: John K. Anderson, City Administrator `
FROM: Judith S. Cox, City Clerk
RE: On Sale Sunday Liquor Sales Prior to 12:00 Noon
DATE: November 12, 1987
Introduction
On October 20th, Council conducted a public hearing on whether or
not to permit the sale of intoxicating liquor for consumption on
the premises in conjunction with the sale of food between the
hours of 10:00 a.m. and 12:00 midnight on Sundays for Class C
license holders (hotel/motel, restaurant/lounge) . After holding
the hearing, Council tabled the issue in order to receive input
from the Chamber of Commerce and the Shakopee Valley Convention
and Visitors Bureau.
Background
On June 15, 1987 the City received a letter from Mr. Stan Ockwig,
General Manager, Canterbury Inn requesting Council to consider
allowing the sale of liquor on Sunday starting at 10:00 a.m. On
July 21, 1987 Mr. Ockwig appeared before Council explaining his
request to permit the sale of liquor on Sunday starting at 10:00
a.m.
On September 1, 1987 Council received an opinion from the City
Attorney, at Council's request, stating that in his opinion
permitting the sale of liquor in conjunction with the sale of
food between 10:00 a.m. and 12:00 midnight to Class C licensees
would be a valid excerise of the Council' s police power as well
as its control over the liquor licenses. All on sale liquor
licensees were notified of the public hearing which took place on
October 20, 1987.
At the public hearing on October 20th, Mike Mulleady, new General
Manager of Canterbury Inn, was the only person who addressed the
City Council. Having received so little public input, Council
tabled the issue and requested input from the Shakopee Chamber of
Commerce and from the Convention and Visitors Bureau.
Both the Board of Directors of the Shakopee Chamber of Commerce
and the members of the Shakopee Valley Convention and Visitors
Bureau have met and discussed this issue. They are recommending
to Council that in addition to extending the hours to the Class C
licensees, that the hours also be extended for the Class B
licensees. (See attached. ) The feeling was that in this
additional two hour period, not that much additional consumption
of alcohol would take place. Also that this privilege should be
extended to the Shakopee House which is a Class B licensee.
Also, Minnesota Concessions Inc. would also like to be able to
serve liquor to some groups. (If you will remember, the license
for the racetrack is in addition to the 12 set forth by state law
and special election, but it also falls into the Class B
category - over 9,000 sq. ft. )
I£ Council is desirous of extending the hours to begin at 10: 00
a.m. on Sundays to Class B licensess, an additional public
hearing is necessary. I have consulted with Mr. Trevor Walsten,
Assistant City Attorney, and he has advised me that since the
public hearing notice specifically addressed Class C licensees,
it would be necessary to have an additional public hearing to
include also Class B licensees, if Council wished to extend the
hours to both Class B and Class C licensees.
Alternatives
1. Permit sales before noon on Sundays for Class C licensees.
2. Do not permit sales before noon on Sunday for Class C
licensees.
3. Schedule a public hearing for December 15, 1987 to consider
permiting sales before noon on Sunday for Class B and Class
C licensees.
If Council is desirous of permiting sales before noon on
Sunday for both Class B and Class C licensees, Council may
desire to set a public hearing for December 15th and also
direct staff to prepare the appropriate ordinance which
could then be considered immediately after the public
hearing.
Recommended Action
1. Deny request of Canterbury Inn to amend the City Code to
permit the sale of intoxicating liquor on Sunday beginning
at 10:00 a.m.
2. Direct staff to prepare the appropriate ordinance to permit
sales on Sunday beginning at 10:00 a.m. for Class C liquor
licensees.
3. Set a public hearing for December 15, 1987, at 7:30 p.m. to
consider whether or not to permit the sales of intoxicating
liquor on Sunday beginning at 10: 00 a.m. for Class B
licensees as well as Class C.
9. Set a public hearing for December 15, 1987, at 7: 30 p.m. to
consider whether or not to permit the sale of intoxicating
liquor on Sunday beginning at 10:00 a.m. for all on sale
liquor licensees.
JSC/jms
SHAKOPEE AREA CHAMBER OF COMMERCE BOARD OF DIRECTOR'S MEETING ..........Nov. 4, 1987
Members present: Tim Keane, Noreen Rachor, Karen Martin, Bill Wermerskirchen, Ruben Ruehle,
Mike Broekemeier, John Anderson, Randy Laurent, George Muenchow, Virgil Mears, Brian Norris,
Dick Mertz, Lucy Rein, Linnen Stromberg-Wise, Doc Muralt, Bob Blenkush and Marilyn Hagerman.
The meeting was called to order at 12: 15 p.m.
Tim Keane/George Muenchow moved to approve the minutes of the October 14 meeting with the
following correction; Under Tourism, page 1 'The Tourism Committee met Sept. 1811. Motion
carried unanimously.
Dick Mertz/Tim Keane moved to accept the Treasuer's report as presented. Motion carried
Unanimously.
Virgil Mears/Tim Keane moved that the bills be approved. Motion carried.
Community Development Committee - Tim Keane
The Committee is actively engaged in putting together a bi-monthly newsletter. It will provide
information for residents and businesses as well as solicit good ideas.
Tourism - Marilyn Hagerman
The Tourism Committee will meet again on Friday, November 13th. George Meenchow stated
that Barry Stock is interested in organizing some type of celebration next summer for
downtown renewal.
CVB - Virgil Mears
The CVB had projected income to be about $65,00 for the year. Through September $57,000
has been collected. A Committee has been set up to recommend new directors for the next
year. The CVB has also made a decision to hire a full time Director for the CVB and the
Chamber with the Chamber paying one-quarter of the salary and the CVB three-quarters of the
salary.
Scott County Transportation Coalition - Brian Norris
Brian complemented Linnea on her testimony at the recent Transportation Commission hearing
at the K.C. Hall. This was a key meeting and members of the Commission were impressed
by the attendance and the testimony.
Legislative Committee - Tim Keane - no report
Linnea reported that our speakers for the November general meeting would be Senator Schmitz
and Becky Kelso.
Building Fund Raising Committee - Noreen Rachor
A few new contributions have come in. Noreen will be contacting everyone shortly to get final
reports from them.
R Highway Sign Committee - Bill Wermerskirchen
There is a real problem trying to find a spot to erect a sign .nest of Shakopee since signs
must be 1300 feet apart. We may have to change our plans and erect a sign to the north of
Shakopee for the present time.
Fund Raising For Special projects - Brian Norris
It may be possible to work out some arrangement with Canterbury Downs regarding a fund raiser.
Brian will meet with Lou Bruom soon to discuss this.
Judy Cox, City Clerk, appeared before the Board to seek comments on a request to sell liquor
beginning at 10 a.m, on Sunday for Class C licenses. Whatever decision is made now will
influence future licenses.
Mike Broekemeier commented that Canterbury Inn has lost business to other areas because liquor
is not available for bruches, etc.
Virgil Mears/Marilyn Hagerman moved that we recommend granting the sale of liquor beginning
at 10 a.m, on Sunday to Class B and C license holders. Motion carried unanimously.
The Board needs suggestions for gifts for speakers. Mike Broekemefer will aback into it.
Virgil Mears suggested giving tickets to attractions or restaurants.
The terms of Noreen Rachor, George Muenchow, Marilyp Hagerman, Linnes Stromberg-Wise, Ruben
Ruehle and Lee Mennen will expire this year.
Noreen Rachor and Marilyn Hagerman have agreed to serve a second term. George Muenchow will
be President and Linnea will be on the Board as Past President. The Board nominated Bud
Berens to serve on the Retail Committee and Jim Streefland to serve on the Professional
ommittee.
The CVB has recommended the hiring of a full time Director and has submitted a proposed
job descritpion. The salary for the Director could be negotiated between the CVB and the
]hamber.
Irian Norris suggested adding a broad statement to the job description that ultimately the
,erson who is hired would be expected to show proof of performance. It was explained that
_hese expectations could be made clear during the hiring interviews.
,ick Mertz/John Anderson moved to advertise for the position of Executive Director,as per job
Iescription, to attract and promote retail business with a formal review after a six months
period, Motion carried unanimously,
he Committee will consist of Julie Evans, Randy Williamson and Virgil Mears from the CVB.
iohn Anderson/Tim Keane moved that one person from the Chamber serve on the selection committee.
lotion carried unanimously.
im Keand/Dick Mertz moved that Linnea represent the Chamber on the selection committee. Motion
arried unanimously.
ohn Anderson/Dick Mertz .moved that the Committee draft preliminary objectives and work on
orting out mechanics of payroll and accountability of staff. Motion carried unanimously.
,c Muralt will check into the possibility of decorating the new trees downtown with small
lite lights for the holiday season.
_m Keane/George Muenchow moved to adjourn. Motion carried unanimously.
Is
ADVISORY BOARD MEETING
November 4, 1987
Present; Marilyn Hagerman Doc and Clara Muralt
John Anderson Arlo Johnson
Lee Hennen Tom Brock
Randy Laurent Judy Cox
Julie Evans
Virgil Mears
Linnea Stromberg-Wise
The meeting was called to order at 8 a.m.
Linea Stromberg-Wise,John Anderson moved to approve the minutes of the October 20 meeting
as mailed. Motion carried unanimously.
Marilyn Hagerman/John Anderson moved to approve the Treasurers report. Motion carried
unanimously.
Judy Cox, City Clerk,was in attendance to ask the Board what their feelings were on allowing
the sale of liquor on Sundays beginning at 10;00 a.m. for Class C motewhotels with
restaurants. State law allows it after the City has a public hearing. The decision would
affect not only current license holders but future licensees. She stated that a hearing had
been held with noone appearing except the present manager of Canterbury Inn, Mike Mulleady.
Canterbury Inn would like to obtain permission to sell liquor beginning at 10;00 a.m. on
Sundays to stay in competition with surrounding area motels that serve champaign brunches, etc.
Linnea S. Wise/Julie Evans moved that the CVB go on record to recommend granting the sale of
liquor beginning at 10 A.m. on Sunday to Class B and C license holders. Motion carried
unanimously.
John Anderson/Lee Hannan nominated Julie Evans to replace Stan Ockwig on the CVB. Motion
carried unanimously.
John Anderson/Julie Evans moved that Marilyn Hagerman, Wally Bakken and Randy Williamson serve
on the nominating committee for officers for 1988. Motion carried unanimously.
Marilyn Hagerman/Randy Williamson moved that Julie Evans, John Anderson and Linnea S. Wise
serve on the nominating committee for Board of Directors. Motion carried unanimously.
A position description was reviewed for an Executive Director of the Shakopee Valley CVB/Chamber
of Commerce whose basic objectives would be to develop and administer programs to attract
tourism and conventions and develop and administer Chamber programs to advance the economic
vitality of the area.
John Anderson/Linea S. Wise moved to adopt the job description as outlined by the Executive
Research Committee with modifications. Motion carried unanimously.
A discussion was held as to how the finances of the two Boards should be handled.
Julie Evans/Randy Williamson moved to adopt the position description as modified. Motion
carried unanimously.
John Anderson recommended that the Chair of the CVB and the Chair of the Chamber Board be
members of this four member recruiting Committee. The Committee will consist of Julie Evans,
Randy Williamson, Virgil Mears and Linnea Stromberg-Wise.
It was agreed that the method for dealing with mid-teen vacancies on the Board should be
incorporated into the by-Laws.
A decision will be made whether or not to advertise in the Travel pages magazine after more
information has been assimilated.
John Anderson said there is a one hour tape available for $10 on how to get ideas for out
reach which might be helpful to the Board.
Julie Evans/Linea Stromberg-Wise moved that John order the tape. Motion carried unanimously.
John Anderson/Julie Evans moved that a joint committee be set up to furnish the building.
Motion carried unanimously.
John Anderson/Julie Evans moved to take out an ad in the Twin Cities Travel and Information
Guide at a cost of $450. Motion carried unanimously.
The Board agreed it was too late for this season to do a promotion for the winter carnival.
John Anderson/Marilyn Hagerman moved to adjourn at 10;05 a.m. Motion carried.
dbs
- � o NS Q.NT ��J
TO: Mayor, Councilmembers
FROM: Tom Brownell, Chief of Police
RE: Permanent Part-Time Clerical Position
DATE: November 12, 1987
INTRODUCTION•
The Police Department requested one full-time clerical position
for 1988. The City Administrator recommended a permanent part-
time clerical position, council suggested considering a part-
time clerical/community service position.
BACKGROUND:
I believe the department adequately justified the need for an
additional clerical position when submitting the budget request
which is available for review. A part-time clerical position
limits the department as to the number of hours a person would
be available to reduce our backlog and not continue to compound
the problem. Our greatest need for a part-time, 20 hours per
week, clerical person is between the hours of 8: 00 a.m, and
noon, when criminal activity reports must be prepared for courts
and information be available for investigative follow-up.
A community service officer is a person who has completed the
required training to become a police officer and perform
non-law enforcement duties. The 1987 legislature passed the
Unauthorized Practices Bill which narrowly limits the duties of
a community service officer, or reserve officer.
P0. z
MEMO TITLE: PERMANENT PARi-TIME CLERICAL POSITION
An example of the tasks a CSO could perform would be house
watches and car lockouts, which we have eliminated. The
remaining tasks that police officers are performing and could be
done by a CSO are locking the park toilets, traffic control and
delivering agenda packets to Council and Planning Commission
members.
The remaining tasks are performed during afternoon and evening
hours which do not coincide with the morning hours when our need
for clerical support is the greatest. The possibility of
locating a person trained for a law enforcement career with
clerical skills is remote.
Council authorized 1988 funding for a part-time permanent
clerical position or permanent part-time clerical/CSO position.
RECOMMENDATION:
Authorize the police department to hire a permanent part-time
clerical person to begin employment January 4, 1988.
COUNCIL ACTIO RHOUESTED•
Authorize the police department to hire a permanent part-time
clerical person to begin employment January 4 , 1988.
Memo to: John K. Anderson, City Administrator
From: George Muenchow, Community Recreation Director
Subject: Response to Request for Providing Liability Protection for
O'Dowd Lake Aerators
Date: November 13, 1987
?ntroduction• The O'Dowd Lakes Chain Association, Inc. has requested
that the City Of Shakopee provide the liability prbtection needed
for the operation of the Aerators that are used on O'Dowd Lake. This
civic minded group purchased this equipment (three units) and have
conducted the installation and sign maintenance so necessary to make
the program as safe as possible. It is their desire that they will
continue to assume this responsibility.
Background
O'Dowd Lake, a basically shallow lake, has a history of freezing
out, on average, every 4-6 years. This freezing is disastrous to the
fish population. With the introduction of Aerators to the lake
around four years ago, the "freeze out" problem has been eliminated
and the lake now is producing some excellent fishing results on a
continuous basis.
The O'Dowd Lakes Chain Aeon. , Inc. has financed this total project
solely with non-tax funds. The provision of liability protection has
become a burden for them. They would like the City Of Shakopee to
provide the liability protection. They would continue to provide the
labor and needed regular "watching".
Problem
The City Of Shakopee cannot extend its liability coverage to
something that is does not own or control. The O'Dowd Lakes Chain
Assn. is aware of this and is willing to donate this equipment to
the City. They furthermore, ere willing to contract with the City
for the installation, upkeep, and removal of these Aerators each
year. There will be certain amount of risk in this kind of venture.
Cost to the City, though, would be negligible.
Alternatives
1. Recognize that there is an assumption of risk in operating the
Aeration system, and deny the request for assuming the same.
2. Accept the donation of the three Aerators used at O'Dowd Lake and
contract with the O'Dowd Lakes Chain Association for the
installation, maintenance, and removal of these machines.
3. Accept the donation of the three Aerators used at O'Dowd Lake and
assign their operation to the Shakopee Street/Park Department. The
Street/Park Superintendent has indicated that he would need
additional help if this were to be done.
97t,-
Recommendation
Staff recommends accepting the gift of the Aerator System at O'Dowd
Lake from the O'Dowd Lakes Chain Association, Inc.
Staff furthermore recommends that with the acceptance of this gift
that the City Of Shakopee contract with the O'Dowd Lakes Chain
Association for the installation, operation, maintenance, and
removal of this O'Dowd Lake Aeration System.
Action
Move to accept the gift of the O'Dowd Lake Aerator System from the
O'Dowd Lakes Chain Association, Inc. and direct staff to enter in an
agreement with this Association to operate this system in a safe and
prudent manner.
MEMO TO: John K. Anderson, City Administrator
City Council
FROM: LeRoy Houser, Building Official
RE: Aerator Insurance Coverage
O'Dowd Lake Association
DATE: November 4, 1987
INTRODUCTION
Attached is a letter from the O'Dowd Lake Association requesting
we insure the pumps on Lake O'Dowd.
BACKGROUND
I contacted our insurance company again. I was informed that we
could not insure the pumps on our policy unless the ownership and
maintenance of them was turned over to us. If we owned them the
insurance would be minimal, if any.
RECOMMENDATION
I think George Muenchow should work with the O'Dowd Lake
Association Board and find out if that is what they really want
to do. He should also contact Jim Karkanen to see if he wants to
assume the responsibility.
LH:cah
0�9 LAKES C�
16' 4
�kE FISC
O'DOWD LAKES CHAIN ASSOCIATION, INC.
$Aa4apeMLan,Wa 55]]9 - .
November 3, 1987 ..
City of Shakopee .
129 - 1st Ave. East
Shakopee, MN 55379
RE: Insurance Coverage of Aerators - Lake O'Dowd
As president of the O'DOwd Lakes Chain Association I am writing this letter.
to request that the City of Shakopee help, withinsurance coverage on the
three aerators we install in Lake O'Dowd. :. With the increasing cost of . .
liability it has been brought to our attention that it may be possible to
receive coverage under the city's umbrella policy.
Asthe year is slipping by rapidly we are running close to installation
time, which is normally December.
Thank you for your help and consideration on this matter. -
Respectfully,
Robert F. Buranen
445-2235 - -
9 as— � SDo
�N
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Aerators for O'Dowd Lake
DATE: November 16, 1967
Introduction
I have talked to Mike Everist, Loss Control Consultant for North Star
Risk, the company which manages the League insurance program. Concerns about
the aerators were reviewed and while there definitely are risks to be assumed
if the City gets involved, he did not outright recommend against involvement.
He highly recommended that the entire area of open/thin ice be barricaded and
appropriate signs be placed around the area and at access points. The City
Attorney should review the wording on the signs.
It seems to me that the primary question is whether the City wants to be
responsible for this type of activity on a lake which is only partly in the
City and City park land occupies only a part of the shore line that is in the
City.
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk ` !
RE: Resolution of Appreciation to Jim Weeks
DATE: November 12, 1987
Introduction and Background
on November 4, 1987 Council accepted the resignation of Jim Weeks
from the Energy and Transportation Committee. Attached is
Resolution No. 2832, a resolution of appreciation to Jim for his
time and efforts while serving on the Energy and Transportation
Committee.
Action Requested
Offer Resolution No. 2832, A Resolution of Appreciation to Jim
Weeks, and move its adoption.
JSC/jms
RESOLUTION NO. 2832
A RESOLUTION OF APPREICATION TO JIM WEEKS
WHEREAS, Jim Weeks served on the Energy and Transportation
Committee from February 21, 1989 to October 26, 1987, and
WHEREAS, Jim Weeks served as Vice Chairman of the Energy and
Transportation Committee from March, 1989 to March, 1985 and from
February, 1987 to October, 1987, and
WHEREAS, Jim Weeks has unselfishly contributed many hours of
service to the City of Shakopee during his three and one-half
years on the Energy and Transportation Committee.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council
on behalf of the residents of Shakopee and on behalf of the
Energy and Transportation Committee, that the Shakopee City
Council does hereby extend to Jim Weeks the deep appreciation of
the City for his time and efforts while serving on the Energy and
Transportation Committee.
Adopted in Adjourned Regular Session of the City Council of
the City of Shakopee, Minnesota, held this 17th day of November,
1987.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 1987.
City Attorney
iob
TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: 1988 Budget Adoption Resolution
DATE: November 3, 1987
Introduction and Background
Attached is Resolution Number 2817 which adopts the 1988 Budget. This is
in accordance with the discussion and decisions made at the various Council
meetings plus a few immaterial adjustments. The last budget discussion was
September 29 which will be seven weeks between discussion and adoption. Please
call me if there are questions.
Action
Offer Resolution Number 2817, A Resolution Adopting the 1988 Budget, and
move its adoption.
RESOLUTION NO. 2817
A RESOLUTION ADOPTING THE 1988 BUDGET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA that the 1988 Budget with the estimated revenues and
appropriations for the General Fund and the Special Revenue Funds as show below
is hereby adopted.
Estimated Revenue Appropriation
General Fund - (Personnel, Supplies 6
Capital Outlays)
Mayor and Council $ 52,800
Administration 103,450
City Clerk 90,065
Finance
Legal 216,870
Community Development 70,750130,050
Government Buildings 59,995
Ind./Commercial Commission 93,110
Police
Fixe 1,032,475
Inspection 145,700
Engineering 124,445
Street 195,670
Shop 688,020
Pool 53,980
Park 86,250
Forestry 233,430
Garbage 27,815
Unallocated 213,000
277
Total General Fund 316 402
Park Reserve $3,934, $3,934,277
Transit 35,000 130,900
Cable
293,960 293,960 Capital Equipment 18,000 19,390120,000 284,000
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of 1987.
ATTEST: Mayor of the City of Shakopee
City Clerk
Approved as to form this day
of 1987.
City Attorney
Julius A. COLLIER,II ID C
w ATTORNEY AT Law siz ms 1zas
SH XOPEE, MINNESOTA
55379
1010 TO: Shakopee City Council
FROM: Julius A. Coller, II, City Attorney
IN RE: Pullman Club liquor violations
DATE: November 3, 1987
Enclosed is a copy of the Findings of Fact, Conclusions and Recommendations
of the Administrative Law Judge Phyllis A. Reba. you will note by the
Recommendations that the Council should agree to take disciplinary action
consistent with statute. The attached resolution meets the requirements of
both the statute and Judge Reba. It does leave the actual penalties open.
It will be argued before Judge Reha on November 18 and therafter her
recommendations will be submitted to the Council for formal determination
and action.
RESOLUTION
A Resolution Following the Recommendations 'lade by the Administrative Law Judge
In the 3iatter of the Consideration of the Pullman Club, Inc. Liquor Violations.
WHEREAS, On October 12, 1987 a hearing came on -before the Administrative Law
Judge Phyllis A. Reba in the Council Chambers of the Shakopee City Hall field pursuant
to law. Julius A. Coller, II, City Attorney, appeared on behalf of the City of
Shakopee and J. Patrick Leavitt, Jr, appeared on behalf of the Pullman Club, Inc. ; and
WHEREAS, At the conclusion of the hearing the matter was taken under advisement
by Judge Reba who issued her Findings of Fact, Conclusions of Law and Recommendations
on October 30, 1987 but reserved for future consideration the nature and extent of
the penalty; and
WHEREAS, It is required" that the Council consider the recommendations made b_v
Judge Reba on October 30, 1987.
THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL in meeting assembled
this 4th day of November, 1987 that the City Council will take disciplinary action
against the liquor licenses of the Pullman Club, Inc. consistent wtih 'SA 8A34.415.
BE IT FURTHER RESOLED That further action will be deferred until after the
parties argue the penalty before the Administrative Law Judge on November 18, 1987
and the Judge makes her recommendations, which will then be considered by the Council.
Passed in session of the Shakopee City Council this _day of
November, 1987.
'favor of the Cit_v of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form this 3rd day of Nov =ber, 1997.
City Attorr 0
CITY-88-012—PR
9-2101-1830-6
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY OF SHAKOPEE, MINNESOTA
In the Matter of the Consideration FINDINGS OF FACT,
of the Pullman Club Liquor Violations CONCLUSIONS AND
by the Shakopee City Council . RECOMMENDATION
The above—entitled matter came on for hearing before Administrative Law
Judge Phyllis A. Reha at 9:30 A.M. on Monday, October 12, 1987, in the Council
Chambers of City Hall in Shakopee, Minnesota. The record in this matter
closed on October 16, 1987.
Julius A. Coller, II, Attorney at Law, 211 West First Avenue, Shakopee,
Minnesota 55379, appeared on behalf of the City of Shakopee. J. Patrick
Leavitt, Jr. , Attorney at Law, 525 East First Avenue, Shakopee, Minnesota
55379, appeared on behalf of the Pullman Club.
This Report is a recommendation, not a final decision. The Shakopee City
Council will make the final decision after a review of the record which may
adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations
contained herein. Pursuant to Minn. Stat. § 14.61 , the final decision of the
City Council shall not be made until this Report has been made available to
the parties to the proceeding for at least ten days. An opportunity must be
afforded to each party adversely affected by this Report to file exceptions
and present argument to the City Council . Parties should contact Julius A.
Collar, II, Attorney for the City of Shakopee, 211 West First Avenue,
Shakopee, Minnesota 55379 to ascertain the procedure for filing exceptions or
presenting argument.
STATEMENT OF ISSUE
The issue in this proceeding is whether the City of Shakopee should
suspend or revoke the liquor licenses of the Pullman Club, Inc. for violation
of Minn. Stat. § 340A.410, subd. 5 which prohibits gambling by an
establishment licensed to sell alcoholic beverages.
Based upon all the proceedings herein, the Administrative Law Judge makes
the following:
FINDINGS OF FACT
1 . Both parties stipulated to the following facts upon which the
Administrative Law Judge could make Conclusions of Law and a Recommendation
regarding disciplinary action against the liquor licenses of the Pullman Club,
Inc. The Administrative Law Judge adopts as her own Findings the stipulated
facts as a basis of her recommendation herein.
2. The City of Shakopee (City) at all times relevant hereto is and was a
City of the fourth class located in the county of Scott.
3. The Pullman Club, Inc. (Licensee) at all times relevant operated in
the City of Shakopee an on-sale and an off-sale liquor establishment pursuant
to validly issued licenses by the City. Daniel Colich is President of the
Pullman Club and is in active control and management of said establishment.
4. That among other prerequisites to obtain said licenses, the Licensee
posted with the City two surety bonds as follows:
a. Off-sale surety bond number 58172498 issued by Western Surety Company
(Ex. A) .
b. On-sale liquor bond number 58170909 issued by Western Surety Company
(Ex. B) .
5. On November 21 , 1986 the police department executed a search warrant on
the licensed premises based on complaints of the sale of pull tabs in
violation of Charitable Gambling statutes. As a result of a subsequent
investigation, the Licensee was charged, among other things, with the
following violations:
1 . Minn. Stat. § 609.76, subd. 1 (1) , maintains or operates a gambling
place, a gross misdemeanor.
2. Minn. Stat. § 609.76, subd. 1 (4) , collects the proceeds of any
gambling device, a gross misdemeanor.
3. Minn. Stat. S 609.755(4) , permits the premises to be used as a
gambling place, a misdemeanor.
6. On June 11 , 1987, Daniel Colich pled guilty in the District Court to
the three criminal charges as noted in the Finding above. (Ex. C) . On July
24, 1987, Daniel Colich was sentenced as follows:
a. Two years probation.
b. To pay $2,000.00 restitution to the Shakopee Hockey Association.
C. To pay a fine of $500.00 plus $50.00 surcharge. _
d. All sales of pull tabs must comply with state law (Ex. D) .
7. Effective July 1 , 1987, the liquor licenses of the Pullman Club, Inc.
were renewed the City Council .
B. On September 8, 1987, the Shakopee City Council passed resolution
number 2797 setting October 12, 1987 as the date for this hearing. (Ex. Q .
9. On September 15, 1987, notice of the public hearing was duly served on
the Licensee and on Daniel Colich. (Ex. F) .
10. The hearing was duly commenced on October 12 at the Shakopee City
Council at which time the stipulation was submitted to the Administrative Law
Judge. Part of that stipulation provided that the parties set a later time
and place to argue recommended penalties. The parties agreed to argue the
issue of recommended penalties before the Administrative Law Judge on
Wednesday, November 18, 1987 at 10:00 A.M.
-2-
Pertinent Statutory Provisions.
The Intoxicating Liquor Act at Minn. Stat. S 348.410 relating to license
restrictions provides in relevant part as follows:
Subdivision 5. Gambling prohibited. (a) No retail
establishment licensed to sell alcoholic beverages may
keep, possess, or operate, or permit the keeping,
possession, or operation on the licensed premises of dice
or any gambling device as defined in section 349.30, or
permit gambling therein except as provided in this
subdivision.
(b) Gambling equipment may be kept or operated in raffles
conducted on licensed premises and adjoining rooms when the
use of the gambling equipment is authorized under chapter
349.
Minn. Stat. 5 349.30 Definitions. provides in relevant part as follows:
Subdivision 2. "Gambling devices" means slot machines,
roulette wheels, punch boards, and pinball machines which
return coins or slugs, chips, or tokens of any kind, which
are redeemable in merchandise or cash.
Based upon the foregoing Findings of Fact, the Administrative Law Judge
makes the following:
CONCLUSIONS
1 . The Shakopee City Council and the Administrative Law Judge have
subject matter jurisdiction herein under Minn. Stat. §§ 348.415 and 14.55
(1986) .
2. The City issued a timely and proper Notice of and Order for Hearing in
this matter and has complied with all relevant substantive and procedural
requirements of statute and rule.
3. That the City has the burden of proof to establish, by a preponderance
of the evidence, that the Licensee violated provisions of the Intoxicating
Liquor Act by failing to comply with an applicable statute, rule or ordinance
relating alcoholic beverages. The City has met that burden of proof in this
proceeding.
4. That the Licensee by virtue of his convictions to provisions of the
Minnesota Criminal Code relating to gambling has violated Minn. Stat.
S 348.410, subd. 5 which prohibits gambling in a retail establishment licensed
to sell alcoholic beverages.
Based upon the foregoing conclusions, the Administrative Law Judge makes
the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED that the Shakopee City Council take disciplinary
action against the liquor licenses of the Pullman Club, Inc. consistent with
Minn. Stat. § 34A.415.
—3—
IT IS FURTHER RECOMMENDED that consistent with the stipulation of the
parties that the parties be permitted to argue the recommended penalty before
the undersigned Administrative Law Judge on Wednesday, November 18, 1987 at
the Minnesota Office of Administrative Hearings, 500 Flour Exchange Building,
310 Fourth Avenue South, Minneapolis, Minnesota, commencing at 10:00 A.M. ,
after which the Judge will issue a recommendation to the Shakopee City Council
regarding the penalty to be imposed upon the Licensee.
r. .1
Dated: October 1987.
PHYLLIS A. REHA
Administrative Law Judge
NOTICE
Pursuant to Minn. Stat. § 14.62, subd. 1 , the agency is required to serve
its final decision upon each party and the Administrative Law Judge by first
class mail .
Reported: Court Reported by Barbara J. Nelson
1241 Alameda Street
St. Paul , MN 55117
(One (1 ) Volume) .
—4
n
C,2
ORDINANCE # 3 z 8
Fourth Series
An Crdinance of the City of Shakopee, iiinnesota Amending Shakopee City Code
Chapter 5 .entitled "Liquor, Beer and Sine Licenses and Regulations" by
Repealinc Section 5.02 (B-2-b) entitled Application and Licenses - Procedure
and Administration); and Adopting a new Section 5.02 (B-2-b)� and Adopting
By Reference Shakopee City Code Chapter 1 and Section 5.99 Among Other Things
Containing Penalty Provisions )
THE CITY'COUNCIL Or THE CITY OF SHAKOPEE ORDAINS:
SECTION I: Repeal
Section 5.02 (B-2-b) is hereby repealed.
SECTION II: New Section 5.02 (B-2-b) Enacted.
Prior to the issuance of any such certification, the licensed - premises shall
be connected to public sewer and water extent within a Planned Unit Development,
and there shall be posted therein an Occupant load Certificate for a maximum
permitted occupancy computed by Table 33A of the State Uniform Building Code.
SECTION III: Adopted by Reference
The general provisions and definitions applicable to the entire City Code
including the penalty Provisions of Chanter 1 and Section 5.99 entitled "violations
a Misdemeanor" are hereby adopted in their entirenent by reference as though repeated
verbatin herein.
SECTION IV: When in force and Effect
After the adoption, 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 sA essiDon of the City Council of the City of Shakopee, Minnesota
this � day of November, 1987.
ATTEST: Yayor of the City of Shakopee
city Clerk Prepred and approved asto form this 17th
day of November, 1987
City Attorney
LAW OFFICES /C
«CVlll
KRASS & MONROE
CHARTERED
Phillip R. K. -
Dennis L.Monroe Marschall Road Business Center
Barry K. Meyer
Trevor R. Walsten 327 Marsclmll Road
Emabeth B.McLaughlin P.O.Boz 216
Susan L. Estill Shakopee.Minnesota 55379
Diane M. Carlson Telephone 445-5080
Lyndon P. HeLson
Kent A.Carlson,CPA November 12, 1987
Ms. Judy Cox
City Clerk
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
RE: City of Shakopee
Our File No. 1-1373-
Dear Judy:
Enclosed you will please find a copy of the proposed Ordinance
Amendment that you requested in your Memo of November 6. As I understood your
request, you wanted some language to provide for consideration of valuation of
the premises when the licensee was only going to rent the property as opposed to
owning it.
If you have any questions or problems, please feel free to give me a
call. Thank you.
Very truly yours,
KRASS 6 MONROE CHARTERED
Assistant-Shakopee City Attorney
.-
Barry'K. Meyer
BKM:jl
Enclosure
Action Requested
Offer Ordinance No. 237, An Ordinance of the City of Shakopee, Minnesota, Amending
Shakopee City Code Chapter 5 entitled "Liquor, Beer and Wine Licensing and Regula-
tion," Section 5.32 entitled "Liquor License Restrictions, Regulations and Unlaw-
ful Acts," Subdivision 11 entitled "Minimum Investment," by Adding a Subparagraph
D to Provide for a Method of Determining Investment Value of Rental Premises, and
move its adoption.
ORDINANCE NO. 237
Fourth Series
An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee
City Code Chapter 5 entitled "Liquor, Beer and Wine Licensing and
Regulation," Section 5.32 entitled "Liquor License Restrictions,
Regulations and Unlawful Acts," Subdivision 11 entitled "Minimum
Investment," by Adding a Subparagraph D to Provide for a Method of
Determining Investment Value of Rental Premises
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I: Amendment
Chapter 5, Section 5.32, Subdivision 11 shall be amended to add a new
and additional Subparagraph D as set out below.
SECTION II: Investment Valuation Method for Rental Premises as follows:
D. In the case of rental premises, the licensee shall be allowed to
include in the investment the fair market value of the premises
being rented. This shall be determined by dividing the fair
market value of the entire building, exclusive of land, by the
total number of square feet in the building, and multiplying that
number by the total number of square feet in the rental premises.
SECTION III: When in force and effect
After the adoption, signing and attestation of this ordinance it shall
be published once in the official newspaper of the City of Shakopee and shall be
in full force and effect on and after the date following such publication.
. Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this _ day of , 1987.
ATTEST: Mayor of the City of Shakopee
City Clerk
Prepared and proved as to form
this 12th day of November, 1987.
"4 �
--BBtVY K. Meyer
Assistant City Attorney