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HomeMy WebLinkAbout12/08/1987 TENTATIVE AGENDA ADJ.REG.SESSION S_H KOPEE, MINNESOTA DECEMBER 8, 1987 1] Roll Call at 7:00 P.M. 2] Liaison Reports from Councilmembers _ 31 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 41 Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *51 Approval of the Minutes of November 17, 1987 61 Communications: 71 Public Hearings: a] 7 :00 P.M. - Application from St. Francis Regional Medical Center _ for Issuance of up to $9,000,000.00 Tax Exempt Revenue Bonds - Res. No. 2843 b] 7:30 P.M. - Consideration of 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 B license holders (establishments over 4,000 sq. ft. ) and for the Racetrack 83 Boards and Commissions: Downtown Committee: *a] Downtown Snow Removal Policy 9] Reports from Staff: (Council will take a 10 minute break around 9 :00) a] Acceptance of Resignation and Advertising for City Engineer Position *b] Downtown Committee Appointments c] Response/Correspondence from Mrs. Kathi Kocon - tabled 12/1 d] O'Dowd Lake Aerators e] Design Study Report for TH-169 River Crossing - tabled 12/1 (bring report) f] Roger O'Shaughnessy Correspondence 10) Resolutions and Ordinances: *a] Res. No. 2840, Vacating Part of Easement in weinandt Acres 11] Other Business: a] Councilmember Vieriing asked to have a discussion on lighting outdoor ice skating rinks 12] Recqss for executivesessionon labor negotiations 13] Re-convene 14] Adjourn to Tuesday, December 15, 1987 John K. Anderson City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. SPECIAL SESSION SHAKOPEE, MINNESOTA NOVEMBER 17, 1987 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. ' Lebens, Vierling, Wampach, Clay and Leroux present. Also present were Julius Coller, City Attorney; John K. Anderson, City Administrator; Dennis Kraft, Community Development Director; Douglas K. Wise, City Planner; Ken Ashfeld, City Engineer and Judith S. Cox, City Clerk. 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. Mr. Wallace Bakken from the Shakopee Valley Motel spoke regarding the approval of the PUD at the last meeting. Mr. Bakken referred to the metal roof he desires to use and the sign. Mr. Bakken was requested to bring a roof material sample to the next meeting. Mr. Bakken also wants to put in a request for 'fastracking' for footings for the motel addition and campground. Leroux/Vierling moved to direct staff to bring back the resolution relating to the Planned Unit Development for Shakopee Valley Square 1st Addition for reconsideration on December 1, 1987. Motion carried unanimously. Vierling/Leroux moved to approve 'fastracking' for the Shakopee Valley Square 1st Addition motel and campground based upon acceptance of the footings by the Building Inspector with any extraordinary staff costs to handle the 'fastracking' charged to the Developer. Motion carried with Cncl. Lebens opposed. Vierling/wampach moved to approve the consent business. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Wampach moved to approve the minutes of October 20, 1987 and November 4, 1987 (Approved under consent business) . Vierling/Wampach moved to receive and file correspondence from the League of Minnesota Cities regarding League Cooperative Efforts with Property Tax Reform Project (Approved under consent business) . - The City Administrator reviewed correspondence from the City of Savage regarding their concern about traffic relating to the proposed Starwood Amphitheatre. Wampach/Vierling moved to keep the City of Savage updated on the subject. Motion carried unanimously. City Council November 17, 1987 Page 2 _ The City Administrator reviewed correspondence from the Chamber of Commerce relating to the small lights in the new trees _downtown. The City Engineer stated that the installed streetlights have a festoon which is a receptacle for Christmas light connections. Vierling/Clay moved to permit the Chamber of Commerce to decorate the new downtown trees for the holiday season. Motion carried unanimously. Leroux/Clay moved to receive correspondence from the Scottland Companies dated November 13, 1987 regarding the Starwood Music Center and that this and correspondence referred to earlier from the City of Savage be filed with the Starwood materials and these items be brought before the Council on December 1, 1987. At that meeting there may be consideration of the Conditional Use Permit and the new study done by Howard Needles Tammen and Bergendoff as well as the Indirect Source Permit. Motion carried unanimously. Leroux/Vierling moved to add an additional Condition to the C.U.P. for Starwood Music Center limiting the capacity to 14,000 until the By-pass is completed East from County Road 83. Motion carried unanimously. Leroux/Vierling moved 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. These minutes are to be sent with their normal CDC Agenda packets. Motion carried unanimously. The City Planner reviewed the final plat of the Meadows 1st Addition. Larry Frank, Meritor Development Corporation, stated that the 8% grade is a standard in the metro area and requested an 8% grade for one area of the plat vs the City standard 5% grade. The City Engineer addressed the grade situation, commenting on the importance of sight distances and stopping capabilities in relation to grades. Platting requirements of other cities allow up to 8% on local streets. Leroux/Vierling offered Resolution No. 2833 Approving the Final Plat of Meadows First Addition with requirement No. 2 Changed to 8% Maximum Grade on Minnesota Street Between 11th Avenue and Lot 25, Block 3 , and moved its adoption. Motion carried unanimously. The City Planner reviewed the background and options of an Amendment to Subdivision Regulations Exempting Certain Uses From Park Dedication Fees. The Planning Commission did not feel the City should give up its right and that it should deal with waiving of park dedication fees on a case-by-case basis. City Council November 17, 1987 Page 3 Vierling/Leroux moved to require Churches, Schools, Local Government Buildings, Clubs and other non-profit organizations to pay park dedication fees except-when waived by the City Council, and directed staff to redraft Ordinance No. 233 accordingly. Motion carried unanimously. Vierling/Wampach offered Resolution No. 2836, A Resolution Exempting Portions of Outlot A Prairie House First Addition from Document No. 227718 Developers Agreement and Document No. 227721 Declaration of Covenants, and moved its adoption. (Approved under consent business) . - The Community Development Director reviewed the matter of issuance of up to $9,000,000 in tax exempt revenue bonds to the Benedictine Health System (BHS) , the present owner of the St. Francis Regional Medical Center. This would require a public hearing to be held by City Council. These bonds are similar to industrial development bonds in that the City does not have any liability. The 1986 tax law is of some concern as it allows the City to issue $10,000,000 in bonds. Beyond that point the bonds become non-qualifying bonds, which are slightly less desirable and a larger interest rate is charged. The City has already sold $3 ,365,000 bonds this year and is selling $1,600,000 on December ist. This $9,000,000 issue will cause the $1,600,000 issue on December 1st to be at a higher interest rate. Council consensus was to pass that cost onto Benedictine Health System. Cncl. Leroux stated that he will be abstaining from any vote on this since he is a member of the Board of Directors of St. Francis. The Community Development Director added that Bond counsel, Financial consultants and other attorneys have been consulted with regard to this matter. Vierling/Lebens offered Resolution No. 2835, A Resolution Relating to a Project Under the Municipal Industrial Development Act, and Calling a Public Hearing Thereon on December 8, 1987, and moved its adoption. Motion carried with Cncl. Leroux abstaining from the vote. Vierling/Lebens moved to direct staff to work on a letter of intent to handle the differential in the interest by next Tuesday. Motion carried with Leroux abstaining from the vote. The City Clerk reviewed the nominations to the Planning Commission appointment. The vote was taken by written ballot: Terry Forbord - Cncl. Clay, Vierling, Leroux, Mayor Reinke Jim Link - Cncl. wampach Kevin Lyons - Cncl. Lebens City Council November 17, 1987 Page 4 Leroux/Clay moved to appoint Terry Forbord to the Planning Commission to fill the unexpired term ending January 31, 1990. Motion carried unanimously. Clay/Vierling moved for a ten minute recess at 7:56 p.m. Motion carried unanimously. Wampach/Clay moved to reconvene at 8:10 p.m. Motion carried unanimously. The City Administrator reviewed the informational Memo dated November 10, 1987 regarding the Downtown Streetscape Project. Lebens/Vierling moved to receive and file the memo from the City Engineer regarding the Downtown Streetscape Project (DOC No. CC-146) . Motion carried unanimously. The City Engineer reviewed the background of speed limits and loading problems in alleys. Wampach/Leroux moved to post speed signs in the alley in Block 86. Clay/Leroux moved to table posting speed signs in the alley in Block 86 and to have staff work with legal counsel to determine the law and prepare an ordinance if necessary to reduce the speed to 10 m.p.h. Motion carried unanimously. Vierling/Wampach moved to approve Partial Estimate No. 3 . and approve payment to Plehal Blacktopping, 3460 west 130th Street, Shakopee, MN 55379 for 1987 Pavement Preservation - Overlay, Project no. 1987-11 in the amount of $2,042.43 and change Order No. 1 in amount of $800.00. (Approved under consent business) . Leroux/Vierling moved to approve payment in the amount of $4,288.91 to Howard Needles Tammen and 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. This is to clarify that the cost is to be charged back to the developer. Roll Call: Ayes: Unanimous - Noes: None Motion carried. Leroux/Clay moved to authorize City officials to enter into an agreement with S.M. Hentges and Sons, Inc. of Shakopee, Minnesota for contractual assistance under emergency conditions, as directed by City officials. City Council November 17, 1987 . Page 5 - Roll Call: Ayes: Leroux, Vierling, Wampach, Clay, Mayor Reinke Noes: Lebens Motion carried. Leroux/Clay moved to authorize City officials to enter into an agreement with Jerry' s Lawn Service, of Jordan, Minnesota for contractual assistance under emergency conditions, as directed by City officials. Roll Call: Ayes: Leroux, Vierling, Wampach, Clay, Mayor Reinke Noes: Lebens Motion carried. Wampach/Vierling moved to approve bills in the amount of $686,922.79. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Wampach moved to authorize the proper City officials to execute a lease agreement with the Valley Industrial Development Company for a police firearms range (Approved under consent business) . The City Clerk reviewed the background and alternatives of the Licensing of Amusement Devices. Leroux/Vierling offered ordinance No. 236, An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code Chapter 6 entitled "Other Business Regulations & Licensing" by Repealing Section 6.31 entitled "Billiard, Pool and Other Game Tables" , and moved its adoption. Motion carried unanimously. Lebens/Leroux moved to set a public hearing for December 8, 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. Motion carried with Clay opposed. Vierling/Wampach moved to authorize the Police Department to hire a permanent part-time clerical person to begin employment January 4, 1988 (Approved under consent business) . The City Engineer reviewed the request that the City of Shakopee provide liability protection for O'Dowd Lake Aerators. Discussion was held regarding the liability, maintenance and repair on the aerators and a reasonable contribution as an alternative. Vierling/Clay moved to direct staff to research a reasonable contribution in relation to insurance cost for the O'Dowd Lake City Council November 17, 1987 Page 6 Aerators. Motion carried unanimously. Vierling/Wampach offered Resolution No. 2832, A Resolution of Appreciation to Jim Weeks, and moved its adoption (Approved under consent business) . Vierling/Leroux offered resolution No. 2817, A Resolution Adopting the 1988 Budget, and moved its adoption. Roll Call: Ayes: Vierling, Leroux, Clay, Wampach, Mayor Reinke Noes: Lebens Motion carried. Vierling/Wampach offered Resolution No. 2834, A Resolution Following the Recommendations Made By the Administrative Law Judge in the Matter of the Pullman Club, Inc. Liquor Violations, and moved its adoption (Approved under consent business) . Leroux/Vierling offered Ordinance No. 237, 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, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Leroux/Clay offered Ordinance No. 238, An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code Chapter 5 entitled "Liquor, Beer and wine Licenses and Regulation" by Repealing 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, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Lebens moved to direct sta££ to send a letter of thank you to Gene Brown for the temporary parking agreement made with him for downtown parking on the old Merchants Hotel site. Motion carried unanimously. Vierling/Leroux moved to direct staff to draft a Resolution acknowledging Doc Muralt' s years of service to the community. Motion carried unanimously. t+504:: City Council November 17, 1987 Page 7 Clay/Vierling moved to recess to Executive Session at 9:15 p.m. Motion carried unanimously. , Lebens/Vierling moved to reconvene City Council at 9:50 p.m. - Motion carried unanimously. Wampach/Vierling moved to adjourn. Motion carried unanimously. The meeting was adjourned at 9:50 p.m. Judith S. Cox City Clerk Peggy Swagger Recording Secretary MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: A Public Hearing and Preliminary Resolution Authorizing the Issuance of Up to $9,000,000 in Tax Exempt Variable Rate Demand Revenue Bonds by the City of Shakopee for the St. Francis Regional Medical Center DATE: December 4, 1987 INTRODUCTION• The public hearing and preliminary resolution are requirements leading up to the issuance of up to $9,000,000 in tax exempt variable rate demand revenue bonds by the City of Shakopee for the St. Francis Regional Medical Center. BACKGROUND: The St. Francis Regional Medical Center has requested the City to assist them in certain acquisition and construction activities relating to the St. Francis Regional Medical Center. On October 1, 1987 the Benedictine Health Care System acquired the St. Francis Regional Medical Center from the Franciscan Sisters. As a part of this acquisition the Benedictine Health Care System agreed to discharge the previous debt which was incurred by the Franciscan Sisters for the hospital improvements which were made in 1982. At this time St. Francis Regional Medical Center also wants to finance some additional improvements to the hospital. The issuance of these tax exempt revenue bonds in no way obligates the City to assume, either now or in the future, any obligation for debt service. It is intended that the City Council hold the public hearing on the project and give preliminary approval to the issuance of bonds at the meeting on December 8th and that the final resolution approving the sale of the bonds be approved by the City Council on December 15th. It is essential that these bonds be sold by the end of the month so that the St. Francis Regional Medical Center does not incur additional expenses in 1988. As was explained to the Council previously, according to the provisions of the new tax law, if the City sells in excess of $10,000,000 worth of bonds in any one year, all City bonds become non bank qualified. As was the case with the bond issue of December 1, non bank qualified bonds carry a slightly higher interest rate. In the case of the $1.6 million bond issue this higher interest rate was transferred to the St. Francis Medical Center. If the sale if not consummated in 1987 St. Francis could incur additional expenses in 1988 for the same purpose. ALTERNATIVES• 1. Hold the public hearing and approve the preliminary resolution. 2. Hold the public hearing and do not approve the preliminary resolution for the bond issue. RECOMMENDATION• It is recommended that the City Council hold the public hearing and approve the preliminary resolution for the issuance of the bonds. ACTION REODESTED: 1. Move to open the public hearing on the City of Shakopee/St. Francis Regional Medical Center Revenue Bond Project. 2. Offer Resolution No. 2843 Giving Approval to a Project and Its Financing under the Municipal Industrial Development Act; Referring the Proposal to the Minnesota Department of Trade and Economic Development for Approval; and Authorizing Preparation of Necessary Documents. RESOLUTION NO. 9a4A ' RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota (the Municipality) , as follows: SECTION 1 Recitals and Findinas 1. 1 This Council has received a proposal that the Municipality issue its revenue bonds in one or more series to finance (a) a portion or all of the cost of a proposed project under Minnesota Statutes, Sections 469 . 152 to 469 . 165 , as ! amended (the Act) , on behalf of St. Francis Regional Medical Center , a Minnesota nonprofit corporation (the Borrower) , or an affiliate of the Borrower, consisting of the acquisition and installation of certain equipment in the Borrower ' s existing hospital facilities located at 325 West Fifth Avenue in the Municipality (the Project) and (b) the payment and discharge. of certain outstanding indebtedness of the Borrower previously incurred in the acquisition or betterment of such existing hospital facilities (the Prior Debt) . 1. 2 At a public hearing, duly noticed and held on Dec. 8th , 1987 , in accordance with the Act , on the proposal ! to undertake and finance the Project , all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project and interested persons were given the opportunity to submit written comments to the City Clerk before the time of the hearing . Based on the public hearing, such written comments ( if any) and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires the provision of necessary- health care facilities , to the end that adequate health care services be made available to residents of the State of Minnesota at reasonable cost, and the State of Minnesota has encouraged local government units to act to provide such facilities. (b) The Project and the payment and discharge of the Prior Debt would further the general purposes contemplated and described in Section 969 . 152 of the Act. (c) This Council has been advised by representatives ' of the Borrower that the undertaking of the proposed Project, the payment and discharge of the Prior Debt and the issuance of the revenue bonds to finance the cost thereof will promote the public purposes and legislative objectives of the Act by providing substantial inducement for the continuation of the health care operations of the Borrower in the Municipality and surrounding areas . 1 (d) This Council has been advised by representatives of the Borrower that conventional commercial financing to pay the cost of the Project and to pay and discharge the Prior Debt is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Borrower ' s medical facilities would be significantly reduced, but that with the aid of municipal borrowing, and its resulting lower borrowing cost, the Project and the payment and discharge of the Prior Debt are economically more feasible. (e) This Council has also been advised by representatives of the Borrower that, on the basis of their discussions with potential buyers of tax-exempt bonds, revenue bonds of the Municipality could be issued and sold upon favorable rates and terms to finance the Project and to pay and discharge the Prior Debt . (f) The Municipality is authorized by the Act to issue its revenue bonds to finance the Project and to pay and discharge the Prior Debt . SECTION 2 Determination to Proceed with the Project and its Financing 2 . 1 On the basis of the information given the Municipality to date, it appears that it would be desirable for the Municipality to issue its revenue bonds in one or more series under the provisions of the Act to finance the Project and to pay and discharge the Prior Debt in the maximum principal amount of 59 , 000 , 000 . 2 .2 It is hereby determined to proceed with the Project and its financing and this Council hereby declares its present intent to have the Municipality issue its revenue bonds -2- in one or more series under the Act to finance the Project and to pay and discharge the Prior Debt. Notwithstanding the foregoing, however, the adoption of this resolutionshall t the notbe deemed to establish a legal obligation on the part Municipality or its City Council to issue such revenue bonds . All details of such revenue bond issue and the provisions for payment thereof shall be subject to final approval Project by the Minnesota Department of Trade and Economic Development and may be subject to such further conditions as the Municipality may specify. The revenue bonds , if iss legal or shall not constitute a charge, lien or encumbrance, equitable,- upon any property of the Municipality, except the revenues specifically pledged to the payment thereof , and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues and property specifically pledged to the payment thereof , and shall not constitute a debt of the Municipality within the meaning of any constitutional or statutory limitation. 2 . 3 The Application to the Minnesota Department of Trade and Economic Development, with attachments, is hereby approved, and the Mayor and City Clerk are authorized to execute said documents on behalf of the Municinality. 2 . 4 In accordance with Section 469 . 154 , Subdivision 3 of the Act, the Mayor and City Clerk are hereby authorized and directed to cause the Application to be submitted to the Minnesota Department of Trade and Economic DeveloomentAoorney approval of the Project. The Mayor , City Clerk, City and other officers, employees and agents of the Municipality are hereby authorized and directed to provide the Minnesota Deoartment of Trade and Economic Development with any preliminary information needed for this purpose . The City Attorney and/or Special Counsel for the City is authorized to initiate and assist in the preparation of such documents as may be appropriate with respect to the issuance of the revenue bonds, if approved by the Department . SECTION 3 General - 3 . 1 If the bonds are issued and sold, the Municinality will enter into a loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agreement) with the Borrower or an affiliate thereof. The loan payments or other amounts payable by the Borrower or such affiliate to the Municipality under the Revenue Agreement shall be sufficient to pay the principal of, and interest and -3- I I redemption premium, if any, on the bonds as and when the same shall become due and payable. - 3 .2 The Mayor and City Clerk are directed, if the bonds are issued and sold, thereafter to comply"with the provisions of Section 459 . 154, Subdivisions 5 and 7 of the Act . -. Adopted this day of 1987. Mayor Attest : City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, upon vote being taken thereon, the following voted in favor thereof : and the following voted against the same: whereupon the resolution was declared duly passed and adopted and was signed by the Mayor, which signature was attested by the City Clerk. 7 � 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: December 4, 1987 Introduction On November 17, 1987, Council set a public hearing for December 8th to consider 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 B licensees. 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 exercise 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 that public hearing 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 met and discussed the issue. They recommended 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. Minnesota Concessions, Inc. would also like to be able to serve liquor to some groups. One would assume that the Racetrack would fall into the Class B category. Since the Racetrack license was specifically provided for through legislation and is in addition to the number of liquor licenses permitted by State law, the City Attorney has advised that any ordinance addressing the sale of liquor beginning at 10:00 a.m. should also specifically address the Racetrack if that privilege is also extended to them. The legal publication for this hearing did in fact mention the Racetrack in addition..to sales. on Sunday for Class. B licensees. All on -.sale liquor licensees were mailed a copy of the_public hearing. Alternatives 1. Do not permit sales on Sunday between 10:00 a.m. and 12:00 noon. 2. Permit sales beginning at 10:00 a.m. for Class C licensees. 3. Permit sales beginning at 10:00 a.m. for Class B licensees. 4. Permit sales beginning at 10:00 a.m. for the Racetrack. 5. Any combination of 2. , 3. , and 4. above. Recommended Action 1. Conduct public hearing. - 2. Direct staff to prepare the appropriate ordinance for Council consideration on December 15, 1987 and advise staff of desired contents. JSC/jms After Thought Scott County is renewing "On-Sale" and Sunday "On-Sale" Intoxicating Liquor Licenses on December 8th. I checked with the County and learned that they do permit sales on Sunday beginning at 10: 00 a.m. Most of their licenses are to restaurants who serve brunches. � o � senf moo) ', _ MEMO TO: John K. Anderson, City Administrator v W FROM: Barry A. Stock, _Administrative Assistant RE: Downtown Snow Removal Policy DATE: - December 1, 1987 INTRODUCTION• The Downtown Committee has discussed the issue of snow removal in the downtown area and is recommending Council approval of a policy that provides for City maintenance of the node areas. BACKGROUND: Prior to the initiation of the Downtown Improvement Project, property owners were required to maintain that portion of sidewalk in front of their establishment. The typical sidewalk width prior to our streetscape improvement project was approximately 8' . Now that Phase I Part I of the improvement project has been completed we have two common sidewalk widths. (12' and 81) . In November, the Shakopee City Council approved a per hour agreement for snow removal from public property in the downtown area. On November 25, 1987 the Downtown Committee discussed whether or not a snowremoval policy should be adopted that varies from past practice. Several persons have suggested that the City should be responsible for the removal of snow from the wider sidewalk sections and nodes. In Phase I Part I of the project, there are only two locations where property owners have a sidewalk with a width of 12". (Lathrup Paint and Supply and Pearson's Florist) . At this time we are not sure of where the wider sidewalks will be located in Phase I Part II of the project. Following are several alternatives for removing snow from the sidewalk area that were considered by the Downtown Committee. 1. Status Ouo With Nodes Maintained by City - Maintain the current City policy which states that the property owner is responsible for maintaining the sidewalk area infrontof their business establishment or residence. Under this scenario the property owner would shovel snow off the sidewalk in front of his/her business establishment with the exception of the node areas and deposit it in the street right-of-way. In the node areas, the property owner would shovel snow out to the curb line and deposit it on the nodes where it would be removed by the City. In light snowfalls property owners are encouraged to maintain the nodes. 2. Status Quo With Nodes Maintained by Property Owners- Maintain the current City policy and provide that the property owners abutting nodes be responsible for snow removal in front of their establishment and in the nodal area. 3 . 4" Snow Removal Polite - Under this scenario the property owner would be responsible for removing snow from the sidewalk and node areas in front of their establishment for all snowfalls of 4" or less. For snowfalls greater than 4", the status quo for snow removal will be followed with the _ exception of the nodes which will be the responsibility of the City. The Public Works Superintendent would be responsible for determining when the City contractor would be called to remove snow from the nodes. 4. City Contract - Under this alternative the City of Shakopee would be responsible for removing snow from all the sidewalks in the downtown area. In conjunction with this alternative, the property owners would be charged for the cost of snow removal on an adjusted front foot basis. The estimated cost per front foot in this alternative can not be determined until we have received bids from prospective contractors. After a lengthy discussion, the Downtown Committee moved to recommend to City Council Alternative 41 (Status Quo with nodes maintained by City contractor) . The Committee felt that this alternative would ensure passable sidewalks at all street intersections. ALTERNATIVES• 1. Maintain the status quo with nodes maintained by City. 2. Maintain the status quo with nodes maintained by abutting property owners. 3 . 4" snow removal policy. 4. Contract for service. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED• Move to maintain status guo with property owners shoveling snow out to the curb line and depositing it on the nodes where it will be removed by the City. Fal MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Acceptance of Resignation and Advertising for City Engineer Position DATE: December 3 , 1987 Introduction• - Ken Ashfeld has resigned his position as City Engineer with the City, effective January 31, 1988, (See letter attached) . Background- The City Engineer' s position is a permanent full-time position with a salary range of $31,688 to $42,251 (according to the 1987 pay plan) . Personnel policy states a 30 day written notice be submitted by department heads upon their resignation. Mr. Ashfeld has submitted a 28 day notice, therefore Council is asked to waive the two day difference. Alternatives: 1. Accept Mr. Ashfeld' s resignation,waive the 30 day notice requirement and advertise to fill the City Engineer position. 2. Accept Mr. Ashfeld' s resignation and do not advertise to fill the City Engineer position. Recommendation: Alternative number one. Action Reauested: Move to accept Ken Ashfeld' s resignation, waive the 30 day notice requirement and authorize the advertisement for the filling of the City Engineer position. CITY OF SHAKOPEE INCORPORATED 1870 j 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 553794376 161214453650 y /n MEMO TO: John R. Anderson, City Administrator FROM: Ren Ashfeld, City Engineer SUBJECT: Resignation as City Engineer DATE: December 3, 1987 To fulfill a somewhat parallel career move, I hereby submit my resignation as City Engineer, effective at the end of the working day, December 31, 1987. The notice of resignation is a day or so short of the 30 day period normally required. To provide a full 30 day notice, my accumulated vacation time would require me to take the last two weeks of December as vacation. I do not believe this is in the best interest of the City and I do intend to work until the 31st. &A/pmp The Heart of Progress Valley MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Downtown Committee Appointments / 111000 DATE: December 3, 1987 Introduction and Background On November 25, 1987 the Downtown Committee requested staff and City Council assistance- in filling several vacancies that exist on the Committee. On December 1, - 1987 the Shakopee City Council moved to nominate Ruben Ruehle and Rev. Mary Keen to serve as members of the Downtown Committee. Staff is recommending that City Council move to appoint Ruben Ruehle and Rev. Mary Keen to serve as members of the Downtown Ad Hoc Committee. Alternatives 1. Move to appoint Ruben Ruehle and Rev. Mary Keen to serve as members of the Downtown Ad Hoc Committee. 2. Do not appoint Ruben Ruehle and Rev. Mary Keen to serve as members of the Downtown Ad Hoc Committee. Staff Recommendation Staff recommends alternative No. 1. Action Requested Move to appoint Ruben Ruehle and Rev. Mary Keen to serve as members of the Downtown Ad Hoc Committee. BAS/jms �(�ttftn{lee (�nmmuniiy �eruires � 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education Q Memo To: John K. Anderson, City Administrator _ From George F. Muenchow, Director of Recreation Subject: Response/Correspondence from Mrs. Kathi Kocon Date November 25, 1987 Introduction In reference to Mrs. Kathi Kocon's letter of November 17, 1987 (attached) regarding a theft of certain personal articles of her son, Jake, who was in the City's employ at the Municipal Swimming Pool, I present the following information: The incident took place some time during the evening of Monday, July 20, 1987. This was the same evening of the City's Picnic for volunteer Board's S Commission Members, the night of the biggest rain storm of the year. A strange time for someone to participate in breaking and entering. Theyentered through the southeast door of the Swimming Pool Bathhouse Building. This door enters into the dressing room area restricted to pool employees. The theft was noticed the next morning when staff entered into the building to begin a new day. Articles missing were basically personal items of the staff, particularly towels. Jake Kocon was the biggest loser because of his loss of the Walkman Stereo and Head Set. To the best of the Staff's knowledge nothing belonging to the City was missing. George Muenchow, Pool Administrator, had left town on vacation, so Kim Tieben, Pool Manager, contacted Mark McQuillan, Shakopee Recreation Program Supervisor, who in turn notified the police and the Shakopee Park Maintenance Staff. Background Kim Tieben, Pool Manager, states that this pool door used in this break-in incident, to the best of her knowledge had not been used by staff this summer prior to this incident. She had no knowledge that the door was defective as alleged. The door consists of heavy duty metal that has a pin lock in the floor below and the transom above. The door was forced open during the break-in. Inside and adjacent to this door is a door consisting of heavy duty bars to allow air to enter this room when the heavy door is open. This door did not have a lock on it at the time of the break-in. This is not unusual as it is only necessary to lock this security door when the heavy duty door is open. Howie Heller, Park Maintenance Lead Man, added a padlock to this inner door after this incident. He further indicates that he had no prior knowledge that there was a problem with the outside, heavy duty door. This correlates with what was said by the pool manager. They knew that the door was hard to open, but they were not aware that it was defective as alleged. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 Jake Kocon, is interested in re-imbursement for his loss as requested. The City's Liability Policy will not cover this amount because of the deductible clause. The Kocon's Homeowner's Policy likewise will not cover the loss because of the deductible clause. The Kocon's only recourse, therefore, if they are to be re-imbursed, is to request consideration of the same by the City Of Shakopee. The letter from Mrs. Kocon is the result of this conclusion. City Staff regrets the communication breakdowns that occurred since the time of this incident on July 20. This shouldn't have happened, but did. City Staff further regrets that any impression might have been given at the time of the theft that re-imbursement was guaranteed. Alternatives 1. Grant the request of Mrs. Kocon on behalf of her son, Jake, and re-imburse them $133.00 for the items that were missing after the Break-in at the Municipal Swimming Pool July 20. 2. Deny the request of Mrs. Kocon on behalf of her son, Jake, for re-imbursement of $133.00 for personal items missing following the Break-in at the Municipal Swimming Pool on July 20 based upon information from City personnel affected indicating no negligence on their part. Recommendation 1. Remove from the table the request of Mrs. Kathi Kocon. 2. Deny the request of Mrs. Kocon on behalf of her son, Jake, for reimbursement of $133.00 for personal items missing following the break in at the Municipal Swimming Pool on July 20, 1987 based upon information from City personnel affected indicating no negligence on their part. - November 17, 1957 A£C IV`D NOV 1 9,M7 Mr. John Anderson City Administrator QTY OFZHAi Dr-.EE 129 1st Avenue East Shakopee, MN 55379 Dear Mr. Anderson: - Last summer our son, Jake Kocon, was employed at the Municipal Swimming Pool . Approximately the last week of July or the first week of August there was a break in one evening and he had the following items stolen: Cassette Stereo Walkman 99.00 Earphones 20.00 Beach Towel 7.00 Sunglasses 7.00 133.00 As I understand the situation, there was a door that the city department knew was broken, but the pool management and staff were not advised and consequently someone was able to walk in at some time during the night, taking many personal items belonging to staff members, leaving untouched any concessions and city property. I know the incident was reported to the police and the community services, at that time my son was under the impression that he would be reimbursed for his loss. Please verify this information with Kim Tieben as she may have more details than I have outlined. When the pool season ended, Kim referred us to George Muenchow at which time he check on insurance reimbursement. Recently he informed us that the cities insurance had a $500.00 deductible and therefore no claim would be filed. His suggestion was that we file under our homeowners policy however our deductible would not allow for reimbursement either. I feel the expense incurred to replace these items should fall on the city rather than be out of our pocket as there was some negligence on the part of the city works department when they realized there was a problem securing the building for the night, yet managers and staff were not informed. I ask that you please investigate this matter, feel free to contact me with any questions you may have. As this has been left unresolved for three months I would like you to acknowledge that this matter is being looked into within the next two weeks. Sincerely, Kathi Kocon 2660 Ann Drive Shakopee, MN 55379 Memo To: John K. Anderson, City Administrator Q From: George F. Muenchow, Community Recreation Director Subject: Addenda-O'Dowd Lakes Chain Association Request for Help Date: December 10, 1987 _ Introduction I did represent the City at the O'Dowd Lakes Chain Association, Inc. Annual meetinglastTuesday evening. During the course of the evening I discovered the following information: 1. The Louisville Town Board has entered into an agreement with the O. L. C. Assn. to accept the responsibility of providing Liability protection for the one Aerator on Thole Lake using their umbrella Liability protection Insurance.' 2. The State of Minnesota, during this past Legislative Session enacted legislation that allows the exclusion of the State and its political subdivisions from liability for losses that occur at permitted aeration system sites. (see attached article of explanation) 3. Becuse of the exclusion from liability when operating permitted aeration systems, there once again are companies offering liability protection in this field although the premiums have increased six fold. _Background In light of this new found information that was not known prior to the discussion of O'Dowd Lake Aerators on November 17, I present the following alternatives for consideration: 1. Recognize that even though there is very little risk in operating an approved Aeration System, 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, Inc. for the installation, maintenance, and removal of the system. 3. Accept the donation of the three aerators used at O'Dowd Lake and assign their operation to the Shakopee Street/Park Department recognizing that some additional help would be needed to do this. 4. Offer to provide a proportionate share of money to assist the O. L. C. A. 1n paying for the needed Liability Protection. Amount 5___________. S. Offer to provide total payment to the O. L. C. A. for paying for Insurance Liability Protection. (up to $1, 000. 00) 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. Important: 1987 Legislative Changes Regarding Aeration The 1987 legislature made the following changes to regulations regarding the operation of aeration systems in "public waters": (changes are underlined) _ POSTING REQUIREMENTS - Where an aeration system is used on the ice of public waters, signs shall be posted by the permittee at a height of from four to six feet in a rectangular pattern at each comer of the open water, and additional signs between the corner signs so that a sign is posted at nal signs shall be posted b the permittee on leas[ every 100 feet. Additio g 5 1 p y p ittee the shoreline of the public waters at each public access point and other areas commonly used by the public for access to the lake. The signs shall comply with the applicable order of the Commissioner of Natural Resources. The previous law regarding open water posting required a minimum of 12 "thin ice" signs, although permittees were encouraged to post additional signs. For systems creating large areas of open water this was an inadequate number to properly warn persons using the lake of the hazard. The new regulation establishes a maximum distance of 100 feet between signs. PUBLICATION OF NOTICE - Advance public notice of the commencement of any aeration system, authorized by a permit from the commissioner of natural resources during periods of ice cover on public waters, shall be given by the permittee. Minimum notice shall consist of publication of the location and date of commencement of the system in a newspaper of general circulation in the area where the system is proposed to be operated at least two times between five and 60 days prior to commencement. This change gives the permittee a broader time frame to have notices published. We hope this will make it easier to comply with the law and still maintain the intent, which is to inform the public of the potential hazard. The State Tort Claims Act was also amended to exclude the state from liability for losses that occur at permitted aeration system sites. This exclusion automatically applies to municipalities (as defined in M.S. 466.01) . Because the state has been excluded from liability the required liability coverage has been reduced to $500,000 combined single limit or the equivalent. This should reduce liability insurance costs and make carriers easier to find. Finally, the Department of Natural Resources has been directed to adopt rules relating to the issuance of permits for aeration systems. This is to be accomplished by September 1988. Rules are a more formal method of establishing regulations. All other regulations in Commissioner's Order 2194 and its amendment Commissioner's Order 2258 remain in effect. ds 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 ?ntroductionl The O'Dowd Lakes Chain Association, Inc. has requested that the City Of Shakopee provide the liability protection 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 Assn. , 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 Aeon. is aware of this and is willing to donate this equipment to the City. They furthermore, are 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. 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 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 f QUO LAKES c�9 �B FISC O'DOWD LAKES CHAIN ASSOCIATION, INC. SM1ror.M.551N November 3, 1987 - City of Shakopee - 129 - lst 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 with insurance coverage on the threeaeratorswe install in Lake O'Dowd. With the increasing cost of .liability it has Seen brought to our attention that it may be possible to receive .coverage under the city's umbrella policy. As. the 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, R F crane - 445-2235 - 9f MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer M-- SUBJECT: Roger O'Shaughnessy Correspondence DATE: December 3 , 1987 INTRODUCTION: The City received a copy of a letter from Mr. Roger O'Shaughnessy to the Minnesota Department of Transportation concerning possible traffic pattern changes south of the T. H. 169 bridge . The Commissioner of Transportation, Leonard Levine, responded to Mr. O' Shaughnessy , copy of which is attached . Mn/DOT' s response basically questioned the practicality of the proposal but referred it to me for City review since local streets are involved in the proposal. BACKGROUND: Council is fully aware of the efforts to provide for a permanent solution to the downtown traffic congestion. As stated in Mr. O' Shaughnessy's letter, his proposal is a temporary solution. I will not repeat his proposal as it is stated clearly in his letter. I do offer my comments on the proposal, as follows. 1 . If southbound to eastbound traffic is not allowed to turn left, traffic will tend to proceed south on Holmes Street and head east on local streets. Efforts to control this tendency will be difficult to enforce. 2. T h e a d d e d t r a f f i c a n d r e s u l t i n g deceleration/acceleration will cause congestion , air pollution , and noise pollution along the proposed route. The senior high rise is adjacent to this route and constitutes a sensitive receptor. 3 . Fuller , Levee, and Lewis would need to be rebuilt to facilitate the structural and geometric needs. 4. The circuity of the traffic would have an adverse affect on the adjacent property owners along the proposed route. 5 . In Shakopee , the weakest link in the downtown transportation system is the intersection of T . H . 169/ 101 . The proposed route would add turning movements at an additional four intersections. RECOMMENDATION: I recommend against the changes to the downtown transportation system as proposed in O ' Shaughnessy ' s October 28 , 1987 correspondence to Mn/DOT. REQUESTED ACTION: Move to direct staff to notify Mn/DOT and Roger O'Shaughnessy that the City is not interested in pursuing a change in traffic patterns in the downtown area as proposed in Roger O'Shaughnessy' s October 28 , 1987 correspondence. KA/pmp T o Minnesota i)e•partilwnt of Transportation m Transportation tiuilciinfi OF St. Paul, A1innt•sota 55155 T TftP��i Otlu( of Cnnmtissiou,•r uiY?11W::NM,u t`bvenber 13, 1987 Mr. Roger O'Shaughnessy 1000 Hesse Farm Road Chaska, Minnesota 55318 Dear Mr. O'Shaughnessy: Thank you for your letter of October 28, 1987, concerning the traffic congestion at the intersection of T.H. 169 and T.H. 101 in Shakopee. Your suggestion to route southbDu d to eastbound traffic via right turns to Fuller and Levee Drive to Ieas does have merit. However, an analysis by the Mn/DOT district traffic engineering office responsible for the Shakopee area indicates that little, if any, time savings can be expected. Indeed, it is likely that the sugaested maneuver may actually increase the time required for the southbound to eastbound moverent because the right-turn ng traffic volume would be added to the volume already turning right. Motorist would experience several blocks of additional travel distance and the traffic signal at the 1,ewis intersection world have to operate essentially in the same manner as the signal at Holnres (Jct. T.H. 169/101) . The major cause of soutbboutd congestion at this time is the single lane of approach to the T.H. 169/101 intersection. The signal, which provides an exclusive green arrow phase for left turning traffic, could handle more traffic (and a double left turn is already permitted) . But, because of the single lane of approach, T.H. 169 cannot deliver traffic fast enough to take advantage of the signal's available capacity. As I am sure you are aware, the river bridge makes it impossible to construct the needed additional lane. However, planning is underway for a neer bridge which has been tentatively scheduled for construction in 1990. Several geometric revisions will be made to streets in the immediate area to help relieve congestion. Mr. Roger O'Shaughnessy NOWUlber 13, 1967 Page 2 In addition to the travel time and congestion considerations, we would also have to consider that your suggestion would require the routing of trunk highway traffic over local streets. Such a proposal would be subject to _City Council review and approval. It is possible that property owners in the area may not find the proposal very appealing. However, rather than reject your idea at this time, by copy of this letter I am requesting that the Shakopee City Engineer, Mr. Ken Ashfeld, review your proposal. If the City wishes to pursue your suggestion, I will ask that our district office do a more detailed analysis to determine its feasibility and make a decision on its inplanentation. we do appreciate your concern as well as your willingness to suggest a means to address the traffic congestion problems in Shakopee. You also mentioned the need to upgrade T.H. 169 to four lanes between the Flying Cloud Airport and Eden Prairie Center. Plans for the project are being coapleta9 and a construction contract letting date is scheduled for Novenber, 1988. Thank you again for writing. Sincerely, LEUMM W. LEVIINE Commissioner cc: P.onorable Eldon Reinke, Mayor, City of Shakcpeem✓ Ken Ashfeld, City Engineer .m �I 1j 1000 Hesse Farm Road _ Chaska, MN 55318 October 28, 1987 Minnesota Department of Transportation Highway Division Transportation Building _ St. Paul , MN 55101 RE: 169 Eden Prairie to Shakopee We live in Southwestern Chanhassen and my normal commute to St. Louis Park brings me in 212, picking up 169 at the "Y" near 101. I was excited this year thinking that there were signs that the state was about to improve the Eden Prairie Center to Flying Cloud Airport portion of 169 to 4 lanes, obviously that has not happened, but we are still hopeful that some attempt to increase the traffic flow past Andersen Lakes Parkway intersection will take place next year. My principal purpose in writing has to do more with the intersection at 101 and 169, immediately South of the infamous Shakopee Bridge. While building a house this year, we were living in Shakopee and I have had significant opportunities to observe the traffic flow in the area. In fact I see you have already installed a much needed right turn lane from 101 onto the bridge from downtown Shakopee. It is apparent 'khat most of the significant delays at this intersection result from the need to turn left on 101 South bound. There is inadequate storage in the left lane, thus blocking up all right turn possibilities, frequently causing delays of 20 minutes to an hour, depending on which event is taking place. Of course, sometimes these conditions exist even when it is only Friday afternoon. Would it be possible to develop a new traffic flow system, which would turn all traffic to the right after crossing the bridge, perhaps dedicating a lane of 169 Southbound, not allowing traffic coming South (or West) both lanes through the intersection from 101 onto 169. If such a right turn opportunity took place for all traffic, then that traffic wishing to go South on 101 (actually East) might be able to turn right on Fuller North one block, then right on the Levee Drive, then right on Lewis. Fuller, Levee and Lewis of course, could be dedicated to one ways, and it would appear that the clearance of the Shakopee bridge on Levee maybe adequate for high clearance trucks. Such a flow would seem to get all the traffic all of the bridge quickly. Certainly Lewis has very little Northbound traffic, and the left turn lane or lanes would be able to then pick up 101 with a great deal of left turn storage and probably a diminished crass traffic requirement. Perhaps 169 Southbound traffic off 101 could all be kept in the left lane, with the right lane being required to turn onto the bridge and follow 101 Northbound. -z- Obviously this solution would require cooperation between the City and the State, and I know that a new major bridge project is planned for some years to come. Perhaps on a temporary basis, this could afford the residents of Shakopee some relief, and a better chance to maintain a little sanity. Thank you for your consideration. eaa s, Roger O'Shaughn RDO:ajs CC: Eldon Reinke, Mayor = a CortSeN7� �oa� MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Vacation of Easements in Weinandt Acres 1st Addition DATE: December 4, 1987 Introduction In response to a vacation request of Harry Weinandt, the attached Resolution No. 2840 vacates part of a utility and drainage easement abutting Lots 9 and 10 of Block 1, Weinandt Acres 1st Addition. ' Background On December 1, 1987, Council conducted a public hearing on the vacation of part of a utility and drainage easement in Weinandt Acres 1st Addition. In exchange for the vacation Council requested that the applicant provide a utility and drainage easement along the property line of the two new lots being created as a result of the simple lot split of Lots 9 and 10 0£ Block 1. Assuming that Mr. Weinandt will have prepared and presented to the City by December 8th the requested utility and drainage easement, it will be in order to adopt the appropriate resolution making the vacation. Alternatives 1. Adopt resolution of vacation. 2. Deny request for vacation. Recommendation Alternative No. 1. Action Requested Offer Resolution No. 2840, A Resolution Vacating Part of an Easement in Weinandt Acres 1st Addition, and move its adoption. JSC/jms -- RESOLUTION NO. 2840 A RESOLUTION VACATING PART OF A UTILITY AND DRAINAGE EASEMENT WITHIN WEINANDT ACRES FIRST ADDITION WHEREAS, there exists a 10 foot utility and drainage easement along the southerly lot line of Lot 9, Block 1 and along the northerly lot line of Lot 10, Block 1, weinandt Acres First Addition; and ' WHEREAS, the property owner has received approval from the City for a lot split for Lots 9 and 10, Block 1, Weinandt Acres First Addition; and WHEREAS, the property owner has requested the vacation of part of the said easements; and WHEREAS, it has been made to appear to the Council that it would be to the best interests of the general public to vacate said easements; and WHEREAS, the Council has set a date for a public hearing at which time to consider said vacation and due notice of the hearing has been given, as prescribed by law, and WHEREAS, all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee; and WHEREAS, the Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation of the easements hereinafter described is in the public interest and serves no further public need as easements. 2. That the easements described in attachment Ex^_ta A, attached hereto and made a part hereof, are hereby vacated. 3 . After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in regular session of the City Council of the City of Shakonee, Minnesota, held this 1st- day of December, 1987 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this - I day of AjC2 a 1987. City Act _ney EXHIBIT A DRAIMM AND UTI= EPSFN.^.,IPf That part of the drainage and utility easement being 10 feet on each side of the common line of lots 9 and 10, Block 1, PEI ANM A=- F= ADDITION, Scott County, Minnesota, according to the recorded plat thereof lying west of the following described line: Commencing at the southeast corner of said lot 9, said corner being on the right o= way line of Maxine Circle; thence South 58 degrees 00 minutes 00 seconds West, along the southwesterly line of said Lot 9, 151.17 feet; thence North 89 degrees 36 minutes 01 seconds West, 176.11 feet; thence South 67 decres 04 minutes 41 seconds East, 50.00 feet to the point of beginning of the line to be des- scribed; thence North 67 decrees 04 minutes 41 seconds West, a distance of 100 feet and said line there terminating.