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HomeMy WebLinkAbout10/04/1988 Mr . David E. Hutton October 4, 1988 Shakopee City Engineer 129 East First Ave . . Shakopee Minnesota 55379 Dear Mr . Hutton , This letter is written with regard to the action of the Shakopee City Council that resulted in the transfer of park property to Mr . Gary Laurent in the form of a long term lease . At that council meeting, I brought to the council 's attention the fact that I was the inspector working for both the City of Shakopee and Suburban Engineering and was responsible for the construction of the development . In this capacity, I had the knowledge of the intent of the developer and the city that certain parcels of property be designated as park . Since 1976, the developers, Shakopee Investments Incorporated, President Dean Nyquist , and all of the various real estate companies which have marketed the property in Timber Trails have consistently referred to this piece of property as the " lake access" . I have in the past several years read at least four different real estate brochures printed for the marketing of Timber Trails development ; all of these brochures mentioned the " lake access" as one of the benefits. In addition , one of these brochures listed me as one of the home builders in the development . Several other individuals and I , all of whom live in the development , have established the use of the " lake access" beginning in 1977. Since then , it has been used by residents of Timber Trails for both winter and summer access to the lake , and there has been no question as to its intended use . Gary Laurent represented his company as intending that the " lake access" was inconsistent with the objectives of the golf course , and that they wished to take it out of formal use to prevent its further development . He also stated that I would be able to use it to launch small boats, if I so desired. It has become obvious that their intended use was to build two golf tees on the property and thus save one more prime building site located immediately west of the Timber Trails " lake access" . This may result in a net gain of approximately $100 ,000 to $150 ,000 for his corporation . RECEIVED OGT- 7� Ci TY OF SHAKOPEE I objected to the lease of the Timber Trails " lake access" to Gary Laurent on the grounds that I thought it was illegal . In addition , I do not think that Gary Laurent properly represented the intended use of the property; by building a private structure ( two golf course tees) , installing water systems and possibly electric controls, and altering this portion of the lake shore , he has broken the terms of the lease as it was presented to the public . A northern Minnesota city recently went through the same process of giving park property to a golf course , subsequently found this action illegal , and is in the process of returning a large part of the golf course to a park status. Please be advised that I intend to pursue this in the courts and in the process, recover the legal costs. I have retained the services of Mr . Patrick Leavett , Attorney at Law. I understand that the city of Shakopee is presently sending letters to several Shakopee residents ordering them to remove structures from park property. I strongly recommend that the council also move quickly and return the " take access" to . its legal status as park property. To do so will reduce wasted effort and expense now being incurred by Gary Laurent and will reduce legal costs soon to be incurred by the city. Several other residents of Timber Trails paid a rather high price for their property in the belief that the park system and lake access were preserved for their use and that they somehow benefited by having a " lake access" . These residents have also joined in securing Patrick Leavett's services. We are expecting a prompt reply to this matter . Thank you , cl � Joseph T. Johnson 1448 Blue Heron Trail Shakopee , MJ 55379 cc ! Shakopee City Council Doug Wise , Shakopee City Planner MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: September 29, 1988 1. The $4, 000 in savings for permanent part-time vs. permanent full-time salary estimates in the 1989 City Clerk's divisional budget is also in my Administrative divisional budget so there will be a total salary estimate reduction in the the 1989 budget of $8,000, not the $4, 000 I mentioned at the September 27th budget worksession. 2. Attached is the October meeting calendar. 3 . Attached is a memo from Dave Hutton regarding a minor change in the downtown streetscape bollard placement. 4. Attached is a memo from Barry Stock regarding a Scott County Solid Waste Disposal Ordinance. 5. Attached is a notice from the U.S. Department of the Interior, Fish and Wildlife Service, regarding the approval of the final environmental assessment for mosquito control in the Minnesota Valley National Wildlife Refuge. 6. Attached is the Public Financial Systems, Inc. newsletter. The article on cash management may be of interest. 7. Attached is a copy of the October issue of the Business Update from City Hall that was mailed with the Chamber Newsletter. 8. Attached is a copy of a chart showing which departments have contributed to the Business Update from City Hall over the past six months. 9. Attached is an invitation to the Eagle Creek Thrift Shop's Open House on Tuesday, October 4th. 10. Attached is a memo from Judy Cox regarding Administrative Policy No. 50, Procedures for Handling Damage Claims. Any Councilmember who does not concur with the interpretation should advise me so that the item can be laced back on a Council agenda for further discussion. 11. Attached are the agendas for the October 6, 1988 meetings of the Board of Adjustment and Appeals and Planning Commission. 12. Attached is the agenda for the October 5, 1988 meeting of the Community Development Commission. 13 . Attached are the minutes of the September 7, 1988 meeting of the Community Development Commission. 14 . Attached are the minutes of the June 9, 1988 and September 8, 1988 meetings of the Board of Adjustment and Appeals and Planning Commission. 15. Attached are the minutes of the September 6, 1988 meeting of the Shakopee Coalition. 16. Attached are the minutes of the August 1 and August 29, 1988 meetings of the Shakopee Public Utilities Commission. 17. I have received a call from Viola Roy, 1124 Merritt Court, objecting to the removal of the island on Merritt Court. I have sent her a copy of the petition signed by neighbors in the Merritt Court area requesting the island be removed. 18. Apologies to Joe Zak and Steve Clay, but I asked Gary Scott and Gloria Vierling to sit in with Jerry Wampach as the Council committee appointed to review the Heavy Duty Air certificate of occupancy fee refund so that it could be on the October 4th agenda JKA/jms n October 1988 UPCOMING MEETINGS SUN MON TUE WED THU FRI SRT 1 2 3 4 5 6 7 8 4:30pm 7:00pm City 5:00pm CDC 7:30pm Public Council Planning Utilities Commission 9 10 11 12 13 14 15 7:00pm Energy & Transp. 15 17 18 19 20 21 22 7:00pm 7:00pm City Community Council Recreation 23 24 25 26 27 28 29 30 31 September November Halloween S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 1 1 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 27 28 29 30 3 MEMO TO: John K. Anderson, City Administrator FROM: David Hutton, City Engineer SUBJECT: Downtown Streetscape DATE; September 21 , 1988 INFORMATIONAL ITEM: The Chicago and Northwestern Railroad has asked that the City remove 2-3 bollards and associated chains adjacent to their existing signal boxes and poles at Fuller and Holmes Street. The chains make it difficult to open their signal boxes and they also feel the chains pose a safety hazard to anybody working on their poles. I am bringing this to your attention in case you receive any inquiries on why the bollards arrangement is not identical on both sides of the tracks at these intersections. It should also be noted that last year' s project has an identical arrangement of bollards near the signal boxes at Lewis Street and apparently they allowed that installation or else "missed" it. They may come back to the City with another request to remove those. y MEMO TO: Shakopee City Council FROM: Barry A. Stock, Administrative Assistant RE: Scott County Solid Waste Disposal Ordinance (Non-Agenda Informational) DATE: September 27, 1988 INTRODUCTION• In accordance with guidelines established by the Met Council, Scott County will be considering the passage of a solid waste ordinance this fall. The adoption of this ordinance could have an adverse affect on our current recycling program and the groups involved. The ordinance will also have a serious impact on garbage rates in our community. Staff would like to share with City Council several alternatives that the Energy and Transportation Committee are evaluating in an effort to minimize potential hardships as a result of the recycling ordinance. BACKGROUND: In 1985, the Metropolitan Council adopted the Solid Waste Management Development Guide/Policy Plan. This plan required counties in the Metropolitan area to develop a land disposal abatement plan that was in accordance with the objectives established by the Met Council and the Solid Waste Management Development Guide/Policy Plan. There were two major policy provisions within the Metropolitan Guide/Policy Plan that will have a significant impact on residents within the Metropolitan area. The first requires the termination of land filling of mixed municipal solid wastes after 1990. Only the non-recoverable residuals remaining from waste processing can be landfilled after that date. The second major policy requires Metropolitan area generators of municipal solid waste to separate recyclables and compostable yard waste materials from the remaining waste stream. The Metropolitan Council established resource recovery objectives for Metropolitan counties in the following three areas: Waste Reduction (3$) , Source Separation (16$) , and Centralized Processing (81%) . In an effort to comply with the guidelines as setforth by the Metropolitan Council, Scott County is proposing to establish a solid waste disposal ordinance. The proposed ordinance requires a license for all individuals or corporations who provide a service of collection and transporting solid waste. The ordinance also requires refuse haulers to provide a recycling service to their customers. Additionally, the proposed ordinance establishes a $2.00 per cubic yard tipping fee for refuse haulers to be collected at the landfill. The ordinance also establishes a system in which refuse haulers will be rebated a portion of the $2.00 fee if they can document that their customers are recycling. At this time, it is being proposed that the rebate take the form of a $4.00 payment per ton of recyclables collected. It is likely that the ordinance will take effect on January 1, 1989. With our current recycling program, it is highly unlikely that we will be able to meet the source separation guideline as established by the Met Council. At the present time, I believe we are only reducing the waste stream by 3%. The operation of the current program would also not provide our refuse collector with the opportunity to receive the portion of the $2.00 tipping fee back in the form of a rebate. This being the case, our residents would have to bear the cost of the $2. 00 tipping fee entirely. This would equate to approximately a 12% increase. (The current monthly residential refuse collection rate is $6.78. Note that a 4% contract rate increase will also go into effect on January 1, 1989) . Our refuse collector is prepared to provide curbside recycling services in conjunction with the collection of refuse. However, before we can address this issue we must first take in to consideration the recycling efforts of our three volunteer community organizations. The Shakopee Boy Scouts, Cub Scouts and Shakopee Area Catholic Schools currently provide the recycling services for our once a month program. These three groups rely on the proceeds generated from the recyclables as funding for their programs. On September 22, 1988 the Energy and Transportation Committee met with representatives from each of the three volunteer organizations. A representative from Waste Management (our refuse contractor) and Scott County were also present. In our discussions, it became apparent that two of the three volunteer organizations were intent on maintaining their current monthly recycling program. The third organization requested more time to evaluate the potential impact of a weekly curbside recycling program on their program. The three volunteer organizations were not opposed to the City's refuse hauler collecting recyclables in conjunction with regular refuse collection. In turn, the City's refuse contractor (Waste Management) was not opposed to the volunteer organizations continuing their monthly collection. Once this issue was resolved, the question became how would our refuse contractor implement the curbside recycling program and comply with the Metropolitan Council's guidelines and Scott County's Solid Waste Disposal Ordinance. At the present time, our refuse contractor is preparing several alternatives for the provision of a curbside recycling program in conjunction with regular refuse collection. The costs for this new program could result in a 30-408 increase in garbage rates. If Scott County proceeds in approving the Solid Waste Disposal Ordinance and establishes January 1, 1989 as it's effective date, our refuse hauler may be obligated to have the new recycling service and refuse rates in effect by that time. On October 13, 1988 the Energy and Transportation Committee will be meeting to review Waste Managements Recycling Proposal and rate alternatives. Following the review, the Energy and Transportation will be forwarding a recommendation to City Council for further consideration. EN! O, ■ United States Department of the Interior A ,.�, FISH AND WILDLIFE SERVICE ■ "'^+ ""' MINNESOTA VALLEY NATIONAL treat E REFUGE 4101 East 80th Street IN REPLY PE FEP TOB100Ip1I1(tpII. Y111nelOtC 65425 September 23, 1988 J ` - SPP2 1988 CITY OF sNgKpJ=E Notice REFUGE FINAL ENVIRONMENTAL ASSESSMENT OF MOSQUITOCONTROLAPPROVED The Minnesota Valley National Wildlife Refuge's Environmental Assessment of mosquito control activities on refuge lands has been finalized. The treatment approved for use on the refuge will allow the Metropolitan Mosquito Control District to treat for disease carrying moaquitos with Bacillus thuringiensis israelensis (BTI) in emergency situations presenting a health threat to the public. This alternative was found to have no significant impact on the environment and will become effective pending a 30-day period for public review. The new alternative reflects two modifications which were made to the preferred alternative originally drafted on July 7, 1986: 1)- Extension of protection from larviciding to all wetlands, not just floodplain wetlands (referred to as the wetland complex). Larvicide treatments with BTI will be allowed in emergency situations only. 2) All adulticide use will be prohibited on the refuge. Originally, the preferred alternative allowed the use of adulticides within refuge boundaries in upland sites adjacent to residential areas; in the floodplain, permission to use adulticides adjacent to recreational areas during special events would be considered on a case-by-case basis. On the refuge, adulticiding has been primarily carried out by the MMCD for the treatment of pest, not disease-carrying, mosquito species. Several reasons were instrumental in making these changes to the preferred alternative and are given below. 1) Further review of the literature revealed that chironomids are a significant component of a wide range of wetland types, from ephemeral pools to permanent wetlands. Protection of seasonal and intermittent wetlands in upland areas will ensure that all wetland types important to nesting waterfowl are available in their most productive form. 2) The preferred alternative, as modified, will offer the greatest protection for all ecosystems while providing an avenue for treatment of vector species in the case of a disease outbreak. This will be more compatible with the refuge's primary purpose to protect the metropolitan Minnesota River valley from ecological downgrading and preservation of its unique social, educational and environmental assets. 3) The Minnesota Department of Natural Resources is in the process of drafting a Memorandum of Understanding with the MCD for treatment of their Scientific S Natural Areas and Wildlife Management Areas. The Memorandum, especially as it relates to Scientific & Natural Areas, is very similar to the new preferred alternative. Therefore, the modifications made will provide consistency in mosquito control policy between the U. S. Fish and Wildlife Service and the Minnesota Department of Natural Resources. 4) The previously proposed preferred alternative allowed for treatment of designated habitat types with BTI for control of mosquito larvae. Since habitat types do not have discrete, easily identifiable boundaries, it would be difficult to communicate to the MMCD the areas where treatment would be allowed. This could result in the treatment of protected habitats. Therefore, the refuge sought an alternative that would be more administratively feasible without presenting a threat to human health. The preferred alternative will allow the MMCD to treat with BTI in refuge areas where mosquitos are identified by the Minnesota Department of Health, Arbovirus Committee, as carrying the disease virus. The Arbovirus Committee is made up of members from several state agencies and consults with the Minnesota Department of Health when a disease outbreak is anticipated. Implementation of any physical control measures to minimize disease tarrying mosquito emergence rates would also be considered, if compatible with refuge objectives. Completion of a Compatibility Determination (Refuge Manual 5 RM 20) would be required before implementing any physical control measures. The mosquito control alternative chosen for use on the refuge will offer protection for refuge wildlife while providing an avenue for treating mosquitos if they pose a health threat to the public. This alternative has been deemed compatible with the refuge's primary purpose to protect the metropolitan Minnesota River valley from ecological downgrading and preserve its unique social, educational and environmental assets. � • o • ReMiningPublic Financial Systems is redefining the role of municipal government financial advisor. PUBLIC FINANCIAL SYSTEMS • SEPTEMBER, 1988 • VOLUME V • ISSUE 3 KEEPING OF THE COFFERS here are many similarities between good The point is that just as I was representing my Tcash management on a personal level and family in the management of our cash, a on a municipal level. While many of us may municipal treasurer acts as a fiduciary with quip that we wish we had some cash to man- responsibility for someone else's money. As age. under closer scrutiny we find ourselves mentioned earlier, not placing those funds at employing cash management pmctices of risk legally, due to the nature of the investment some sort. or the ability to exchange investments readily for cash, takes precedence over yield. There is a difference between budgeting and a municipal treasurer is cash management. While some soaeconomic Simplistically, statements can be made through cash commissioned to attempt to receive revenues management, major policy decisions are quickly, process them quickly, and invest them generally made through the budgeting process. quickly, gleaning maximum benefit from cash Resources are allocated against wants and on hand. A fourth objective, more commonly priorities are established. Within the context of emphasized on the corporate side, is to pay the established budget, cash moves in and out slowly. (Many of our clients will say with a of the municipal coffer. By maximizing the smile that they don't seem to have a problem interim use of the cash, a municipal treasurer is meeting that objective.) able to optimize the taxpayers' dollars, creating Some things to look at if you are commissioned Opportunities where there would otherwise to keep the coffers: (1)Analyze banking be none. relationships to assure yourself that they are A municipal treasurer must strive toward efficiently and cost effectively meeting your numerous goals. In order of priority they are: needs. Keep in mind that there is no such thing 1) Legality of actions and investments as "free" service. Assure yourself that you are 2) Safety of the funds invested, receiving value for value given in all cases. 3) Liquidity of investments, and (2) Look at your setup for cash/receivables/ i 4) Yield. disbursements to determine if your cash management techniques are maximizing Some people mistakenly believe that a investment opportunities while providing municipal treasurer's role is to maximize yield adequately for your needs. (3)Autornate where on investments. This is usually accompanied by possible. The ability to review and respond a statement such as, "Our fund can provide quickly can produce dollars for you by you with a return of 24%..." It reminds me of increasing your investment capabilities. a broker who celled me at Christmas time last year. He said he was looking for people who Above all, remember that if it sounds too good had $10,000 and would like the opportunity to to be true, it is. earn a 5097o rearm on their investment. Sounds For related information see "Creat News speculative. "Venture capital?' I asked. "Oh, for Cash Managers!". ■ no!" he said. "Real estate." y now, most of you have The$5,000,000 small issuer Arbitrage B Rebate probably read more than enough exemption is a cumulative test. If Rebaabout the Federal Tax Reform Act you issue more than $5,000,000 in L of 1986. Many of the discussions on any given year, all bonds, not just When Should lax reform have focused on the those in excess of$5,000,000, are • limits to the issuance of tax-exempt subject to rebate. You Be bonds. Unfortunately, the Act also has consequences that extend for the The difficulty is not determining if life of many bond issues. your bonds are covered, but CConcerned?O n ce rn a .� complying with the regulations. Arbitrage rebate has been added to Annual calculations are necessary to the vocabulary of local government determine the amount of the rebate. officials. Arbitrage is the ability to Funds required to be rebated must invest funds at a rate of interest be placed in a separate fund. Ninety greater than the rate at which funds percent of the rebate amount is to were borrowed. To local be paid every five years. Final governments, the ability to earn and payment occurs when the bonds are keep income from the investment of retired. bond proceeds has been a means of reducing local revenue requirements. Arbitrage rebate analysis and To the federal government, tapping reporting can be complicated and this income is a means of putting time consuming. Here are a few more money in the coffers without simple tips on getting started: raising taxes. (1) Segregate the investment and Arbitrage rebate requirements are accounting for rebate required bona not universal. Only certain issuers issues. are subject to the rebate provisions. When d0 you need to become (2) Begin proper management of rebate concerned about arbitrage rebate? eligible funds immediately. It is much more difficult to undo mistakes. ■ Aa proale activity bonds are subject to rebate.Some traditional public (3) Don't hesitate to ask for help. purposes,such as airports and solid waste facilities, are now private.clivi. If you have questions about • ties subject to rebate. Industrial devel- arbitrage rebate or want some clamor revenue bonds and housing bonds are also private activity bongs. assistance, please give u5 a Call. PFS has the most complete arbitrage ■ Some governmental purpose bonds now rebate services available. We can fall under the rebate provisions.The provide you with the computer two tests are: (1)You issue more than software and technical assistance to $5,000,000 in tax-exempt bonds in a help you do it yourself. We can also calendar year;and(2)less than 95%of the bond promeds are spent within six perform the calculations and months of the date of issuance. complete the reports for you. R SUMMARY OF BOND SALES DATE at BOND SAIL ISSUrraPOPUTWaoF 16TERUVT MATURRY AVPJGGE MOMN/DAV L44UIS TYPE STATE CATION Real AMOUNT RATING RATE Manc)ULE MANRRV 8/15 ST.CIAUD CTTY MN 42,566 GO IMPROVEMENT 1,6]5,000 AI 7.294% 91/10 9.89 8/IS Sr.CIOM CITY MN 42,%s TAXABLE GO TAX INCR. 1.020.000 At 10.1135. 90/05 11.50 8/15 Si.CIAUD an MN 42,566 GD TAX MCR. 1.445,000 AI 6.856% 91/996.0 8/15 Sr.CLOUD CT' MN 42,566 WIMPROVEMENT 725,000 At 6.8M% 90/99 6.08 8/15 WI INDWJ- LMS,= NR 6A7I% 1989 — HFADV6'IECIi sC13DOL WI — ANTIC TAX AC PROM NOTES 8/15 MARSHALL CnY MN 11,161 GD IMPROVEta1ENT *6000 A6.6]8% SUN] 4.80 6/15 COON RAPIDS cnT IA 1'48 EIECTRIC REVENUE )3n," Bae' 7.350% 89,99 6.00 8/15 BEIArr CITY wl 15,2m PROM NOTES 1,250,000 6.889% 89,98 5.50 8/15 BELLE PLAINS CITY MN 2,751 GO IMPROY'¢N1e2NT 305,000 Baa 7.380% 90/049.76 8/15 REDOAK CITS' 1A 6,810 CA IMPROVEMENT 600,000 NR 7.0054. soros 7.16 8/15 REDOAK CITY IA 6,810 SEWER REVENUE 310,000 NR ].JAS% 89/99 6.25 8/16 SHAKOPEE CITY MN 9.90 GO IMPROVEAIDYr 1,1001000 A 6.891% 90/00 5.91 8/16 FEST WI SCHOOL WI — GO PROM NOTES 1,]0,00) A. 6.880% 89/98 6.14 v0 TECH • 3/16 BIAIX HAWK COUNTY M 137,961 CA ESS COUNrT PURPOSE 3,B65,LW At 7,008% N/0) 6.96 8/16 DES MOILS Ace SCHOOL IA — NEW JOB TRNG tERTS 2151.0) — 7.395% % 6.16 8/16 GRAND FORKS SCHOOL ND — SCHOOL BLDG 4.725,HD — 7.393% 69/00 1250 PSD 8/18 LINDSTRGM cm MN I'M GO IMPROVEMEM 305,000 Baal 7.0104. 90,99 5.99 8/18 SOUTH DAKOTA SPECIAL SD — REVENUE 2190,000 A 7.180% "`(Ni 12.66 BLDG AIITH •Tme m,arna¢,BBImanAMe a,wrcol pin,in8 Goodbye, Federal Wastewater Grants Hello, State Revolving Funds Municipatities undertaking rules and regulations. Simplicity will SOUTH DAKOTA: The Water wastewater treatment projects be emphasized with one interest rate Resource Management Division of know how important state and to be used for all eligible projects. the Department of Water and federal assistance has been to Projects will be prioritized in the Natural Resources has informed us financing the significant capital costs same manner as the Construction that legislation has been enacted, an of such projects. The federal Grants program. The capitalization Operating Handbook has been government has now "shifted grant application of about S 16 assembled, the Legislature has gears" and changed the focus of million will be submitted sometime appropriated $1.2 million as a state funding such projects from the after November 1988. Contact: Mr. match, and an application has been Construction Grants Program to the Alan Stokes(515)281-6184. submitted to the EPA regional establishment of State Water office in Denver for the capitaliza- Pollution Control Revolving Fund MINNESOTA: In 1987, the tion grant amount of$5.9 million. (SRF) programs. Once this Minnesota State Legislature created Total program funding for the fiscal transition is complete, the the Public Facilities Authority for year will be$7.1 million and moneys responsibility for financing, purposes of administering the SRF should be available in October 1988. constructing and managing these with technical assistance from the It is anticipated SRF loans will have facilities will be entirely that of state MPCA. Proposed rules are being interest rates of approximately 0-207o and local governments. drafted and should be finalized by for new construction projects and In concept, the SRF &ro ams will September 1988 with the initial 1-3% for other purposes, i.e., p capitalization grant(approximately refinancing. Contact:Mr. Dave to designed primarily to provide loans to municipalitiesTempleton 605 at reduced $22.6 million) application to be P ( ) 773"4116. interest rates. The loan repayment submitted later that month. Statebonding will provide the state match WISCONSIN.•early summer was proceeds will be used t a perpetual approved in early summer source of funds for future projects. and will pledge Water Pollution The initial proceeds for the SRF will Control Trust Fund revenues as authorizing the state to establish aSRF and to do all activities security. SRF moneys should be ca i combination of federal available in January 1989. The state The state s the federal guidelines. capitalization grant moneys and The state is currently in the long state matching funds. The final anticipates using atwo-tier approach process of promulgating rules which using both state grant moneys and p e c g federal capitalization grant funding are estimated to be completed by of the SRF programs will be from SRF loan proceeds. The intent will October of 1989. With this as an be to maintain funding roughly funds appropriated in fiscal year optimistic timetable, the first 1994. Types of authorized financial equivalent to the current 80% disbursement of funds is not assistance may include low interest Construction Grants program level. expected before the summer of Affordability will be key; therefore, P municipal loans, refinancing existing 1990. The Wisconsin DNR, municipal obligations and a variety of measures may be used Wastewater Division, expects that purchasing insurance for municipal to determine different interest rates the program will be set up to loan recipients including bond issues. However, each state for provide different interest ratesto will design its own program in demographic, income, and user charges of the community. Contact: different categories projects,, accordance with applicable federal therefore the program may guidelines. Appropriate state Mr. Terry Kuhlman (612)296-4704. incorporate a more complex loan agencies should be consulted when a program than that in other states. municipality may be proposing a NORTH DAKOTA: The SRF Contact:Ms. Mary Jo Kopecky project and planning to participate program here is very much in its (608)266-2666. in the SRF program. infancy. Legislation is currently following is a summary of the being drafted for consideration by It is clear from these general The status the transition for each state the Legislature when the session comments that there will be in the five state area and contact begins in January 1989. The state somewhat different SRF loan persons who may provide more was fortunate in that the programs to meet the specialized detailed information. Construction Grants program circumstances existing within each addressed all the major problem state. It is important to note that IOWA: Legislation was passed in areas in the state. The legislation is these SRF programs, by their very the spring of 1988 granting expected to be general in nature nature, are dynamic, not static. It is authority for the establishment of authorizing the establishment of the likely that changes will occur over the SRF and approving the sale of SRF program with direct time in terns of eligibility criteria, bonds to fund the required state appropriations the most likely application procedures, funding match. The Iowa Finance Authority method to fund the state match. availability, and type and degree of is currently working on the Eligible projects will be funded with financial assistance provided to the proposed bond issue of a low interest loan with the same municipalities. Communities should approximately $3.2 million. The rate for all communities. The consult with state officials early Environmental Protection Division timetable for receipt of funds and when projects we being planned and of the Iowa Department of Natural implementation of the program is also contact PFS representatives to Resources is responsible for the estimated to be the fall of 1989 at assist in analyzing and structuring a technical aspects of the program and the earliest. Contact.Mr. Jeff financing plan to best meet your is in the process of promulgating Hauge(701)224-2354. specialized financing needs. ■ Creat News For Cash Managers! After an intense development reporting of investments by fund, module to the basic reporting schedule, PFS is proud to type, institution or maturity can be system. The basic module and the announce IN-Track, an investment done in seconds. IN-Track also has accounting module are designed to tracking system. Cash managers will a tickler function to display a operate on IBM compatible find that IN-Track can provide breakdown of all investments computers and they treat the user valuable information to help maturing on a given date. IN-Track with tender loving care. For more manage investment portfolios. provides the automation you have information call Mark Winkelhake Co-developed with Ms. Linda needed to better manage your at(612) 333-9177 or write to the PFS Sheimo, Minneapolis City portfolio. Time consuming research Software Development Group. ■ Treasurer, IN-Track automates the can be done in seconds. task of monitoring investment Additional development work is activity. Summary and detail underway to add an accounting Murphy's Time Will Tell Conferences Coming Up Legislature I n response to frequently asked This September questions about what the market Wisconsin Counties is going to do, we are tempted to Association M urphy's law of Legislative refer you to George Bernard Shaw, September 19-20, 1988 Oshkosh Hilton who said, "If all the economists Action for Loral Government who WI in Minnesota might read "no were laid end to end, they'd never municipalities' revenues or fiscal reach a conclusion." League of Iowa Cities well being is safe while the September 14-16, 1988 n." The is essioNot being economists ourselves, we Hotel Fort Des Moines Legislaturein s Summer s will io remembered can boldly convey to you what is Des Moines, IA for the long hours of trying[o sort heard on the street from those South Dakota Association of out all of the changes made by the courageous enough to offer [heir County Officials Minnesotaopinion. As witnessed, current September 18-21, 1988 Legislature. If you market conditions offer slightly Ramkota River Centre haven't heard enough yet, here are rising interest rates. Expectations are Pierre, SO some things to watch out for: that they will continue to rise into Minnesota County Auditor's early 1989, bringing a slower Conference ■ Assessed Value has been changed to economy with them. By spring, 1989 September 2629, 1988 Gross Taz Capacity. We have been they convert me expected to turn down Fair Hills using rt A.V. to Gross Tax Capacity.. again,ballpark" factor of I I%t n, maintainingtheir decline into Detroit Lakes, MN Tate 1989, early 1990. ■ ■ Some provisions have been made for conversion from assessed value to tax Welcome to PFS capacity.There are specific formulas • WHAT'S NEXT? for levy limits and capital improvement Ms. Peggy Aho lC1"`s Ms. Aho is the Word Processing When financial questions get in ■ The conversion provisions appear to Specialist for PFS. She began the way of progress and you're have missed the city and county deb[ working for the firm in August asking "What's the next Hear calculation.The net debt limit is 1985. Ms. Aho's former employers step?", it's time to take a look 7'A% of assessed value as most recently include Chisago County, where she at Public Financial Systems. equalized.The new limit would be was responsible for data processing PFS is a financial advisory 71/3%a of gross tax capacity.There does and word processing. Ms. Aho is a firm dedicated to progress for not appear to be any transition resident of North Branch, p language that keeps the debt limit at the Minnesota. your schools and communities. same relative amount. The result is a debt limit that is I I%o of the current Ms. Nancy Ebner Call PFS at amount! There is a small window of Ms. Ebner is a Financial Analyst opportunity.The debt limit applies to and a member of the Project (612) 333-9177 assessed values on January 2, 1987, until new values are equalized later this Management Group. She began Ask about our Education fail.The biggest concern is for working for PFS in August 1988. Finance Unit— a group of equipment borrowing and bond issues She will be primarily responsible for experienced individuals approved by referendum. preparing Official Statements and specializing in school finance. other project related reports. Ms. ■ The changes in the tax system will have Ebner received an Associate Degree PUBLIC FINANCIAL an impact on tax increment revenues. from the Western Wisconsin As part of your budget process,be sure SYSTEMS, INC. to check the cash Flow for each district. Technical College in LaCrosse, stz rvlcor.rcr mets SUITE554) The Legislature has approved a special Wisconsin. She previously worked mmmeneous,xrx 11 levy to finance rax increment deficits at the LaCrosse Police vita naam created by tax law changes. Department- ■ 7 BUSINESS UPDATE FROM CITY HALL Vol. 2 No. 10 Dear Chamber Member: October 1, 1988 ADMINISTRATION October is Tax Levy Certification time for Minnesota's local governments. Shakopee has finalized its 189 budget and will certify a 5.9$ ($102,637) increase in the City's levy (doesn't include School and County levies) . After including growth in the tax base for taxes payable in 1989, this is an "estimated" City mill rate increase of .17 mills from 1988's 18.79 mills to 1989 18.96 mills. BUILDING City Council has given final approval for the construction of the Community Youth Center which contains 4,800 square feet of usable area. The building will be available to any local structured youth group who has a need for it. The Shakopee Lions Club with assistance from many businesses and industries have made this worthwhile project possible. The Youth Center will be located north and west of the Shakopee Swimming Pool. CITY CLERK The Scott County Historical Society has dismissed the lawsuit appealing the City Council's retaking of the Minnesota Valley Restoration Project. Council approved the renewal of the parked $44, 000,000 Sports Facility Revenue bonds for Minnesota Racetrack for an additional year. (The bonds are set aside for expansion of the facility. ) COMMUNITY DEVELOPMENT The City will again be offering free Home Energy Checkups to Shakopee residents this year. An energy specialist from the Scott/Carver/Dakota Community Action Agency will be conducting the energy checkups on behalf of the City. The energy specialist will be able to give you helpful hints on how you can improve your homes energy efficiency. If you are interested in this program please call 445-3650. Recent actions by the Metropolitan Council and Scott County may require cities to offer curbside recycling collection to their residents. In September, the Energy and Transportation Committee reviewed the possible implementation of a curbside recycling program that is run in conjunction with regular refuse collection and its effect on the three community organizations currently providing curbside services on a monthly basis. In October, the Committee will be reviewing several proposed amendments to the City's refuse collection, including the provision of curbside recycling in conjunction with regular refuse collection and the implementation of a volume based rate schedule. It is likely that the three volunteer organizations will continue to operate their recycling collection program on the second Saturday of each month. COMMUNITY RECREATION (SCR) SCR is highly dependent upon a willingness of community citiens to step forward and volunteer their services in various capacities. This past month forty men and women participated in a 3 hour training session in basketball and football arranged through the National Youth Sports Coaches Association. This is over and above the many hours of coaching, etc. time that they so generously give. Additional training sessions are scheduled throughout the year for other sports. ENGINEERING DEPARTMENT All of the streets in the Downtown Streetsca a Project have now been paved. Work continues on the brick sidewalks, planters, street lights and trees. It appears that except for some minor touch up items, all work will be completed by the end of October. Thanks to the downtown businesses and citizens for their cooperation and patience during this 2-year project. The 10th Avenue Overlay Proiect has been completed. Thanks to all Shakopee motorists who obeyed the construction signs and found their way through the "obstacle course" of barricades. On September 6th City Council voted not to implement any proposed interim improvements to the T H 101/169 intersection such as the elimination of parking on 1st Avenue. Vierling Drive from C.R. 17 easterly to C.R. 16 is under construction and should be paved and open to traffic by November 1, 1988. The 6th Avenue Sanitary Sewer Project is nearing completion and the street should be open to traffic shortly. The bid opening for the Upper Valley Drainage Project - Phase I is scheduled for September 30, 1988. Construction of 11th Avenue adjacent to the Meadows has started. Hardrives, Inc. , the City contractor, will install the storm sewer, curb and gutter and pavement on this street. S BUSINESS UPDATE FROM CITY BALL 1988 1989 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Administration f Building n x i X x City Clerk x Ici K k Comm. Development I 7� Comm. Recreation Engineering x Finance Fire Dept. Police Dept. Public Utilities Public Works Scott-Carver-Dakota Community Action Agency, /nc. i 1257 Marschall Road CAP Corporate Officers: SHAKOPEE, MINNESOTA 55379 Harold Trende-Chairman Phone: 612-496-2125 Richard Graham-Vice Chairperson Denise Parrish-SecretaryrTreasurer Ms. Mary F. Sullivan- ""'�'" Executive Director QiECE:1—1 September 28, 1988 SEP2 91989 CITY OF SHAKOPEE Dear City Official: I would like to extend an invitation to you to visit the Eagle Creek Thrift Shop on Tuesday, October 4. We will be holding an Open House be- tween the hours of 2:00 p.m. to 7:00 p.m. to recognize 10 years of oper- ation. A major part of the success of the Eagle Creek Thrift Shop is due in part to the excellent support the City of Shakopee has given our Agency. The City's generous contribution of allowing the utilization of Eagle Creek Hall and the varied alterations we have made certainly has been a major contribution on the Cityss behalf. Again, thank you and we hope you can find time to stop by on Tuesday for a hot dog and beverage and share in the success of this worthwhile project to aid the less fortunate in our area. Sincerely, Mary Sullivan Executive Director "An Equal Opportunity Employer" • e MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk \1'� RE: Administrative Policy No. 5p, Procedures for Handling Damage Claims DATE: September 28, 1988 On July 5, 1988, Council discussed the possibility of changing their procedures for handling damage claims so that the last resort a resident had would be to meet with the City Attorney regarding their claim. After discussion at this meeting Council decided against the residents meeting with the City Attorney after they had followed the City's procedure for the - - - handling of a damage claim and were still not satisfied with the results. Instead Council reaffirmed Administrative Policy No. 50 which did not provide for this meeting. After the discussion at the July 5, 1988 meeting, it is staffs interpretation that it is Councils desire that the procedure for handling damage claims would be completed after the City's insurance carrier decided that the City had not been negligent. Administrative Policy No. 50 originally adopted in 1981 and reaffirmed in 1988 continues to have in the 4th step of the process, "Any citizen who wishes to go to Council with a claim shall be directed to the City Administrator who will place them on the agenda for the next Council meeting". In compliance with councils reaffirming Administrative Policy No. 50 on July 5, 1988, the attached Administrative Policy No. 50 dated July 5, 1988 will be inserted into the City's Administrative Policy book replacing Administrative Policy No. 50 dated September 14, 1981. Any Councilmember who does not concur with this interpretation should advise John Anderson in order that this item might be placed back on a Council agenda for further discussion. JSC/tiv "Bodily Injury or Property Damage; Will the City Pay the Bill?" 7-5-88 The City of Shakopee like all businesses carries insurance to cover citizens who are injured or who own property which is damaged when the incident is the fault of the City. The City's insurance policy requires that the insurance company shall determine if the City is at fault. In order to conclude that the City is at fault, the insurance company/adjuster must determine that the City has been negligent. If you believe that you have been injured or have received property damage because of the negligence of the City, please follow these guidelines adopted by the City Council: 1) Contact your own insurance company - homeowners, car, or health, depending on the situation. 2) If you or your insurance company believe the City is at fault, contact the City's insurance company, Sue Sichmeller of Capesius Agency, 129 Holmes Street, 445- 1922. (If the injury/damage is a result of a construction project, the contractor's carrier should be contacted. Call the City Clerk to learn the name of the carrier. ] 3) If the issue is not resolved by the insurance company/adjuster to your satisfaction, you are "encouraged" to recontact Sue at 445-1922 and/or seek relief from the courts. District Court, or Small Claims Court (Small Claims Court has a $17.00 filing fee and prohibits use of an attorney. The amount of the claim must be under $2,000. 00) . This is the procedure the Shakopee City Council wishes to use so that a disinterested third party can decide who should pay for the injury or damage. 4) City Council has designated the City Clerk as staff coordinator for citizens claims. Councilmembers thus do not individually get involved in claims. NO CITY EMPLOYEE HAS ANY AUTHORITY TO IMPLY TO YOU THAT THE CITY MIGHT PAY THE BILL OR THAT THE MATTER WILL GO TO THE CITY COUNCIL FOR A DECISION. ADMINISTRATIVE POLICY NO. 5n Subject : Procedures for Handling Damage Claims Date : September 14, 1981 Citizens contacting City staff about a damage claim (eg. water in their basement, backed-up sewer, vehicle damage because of a street condition, etc. ) will be handled in the following manner . 1 . The citizen will be instructed to contact their own insurance company and/or our agent, Sue Sichmeller of Capesius Agency phone no. 445-1922 . Our insurance agent wants us to have the citizen contact them so give them the name and phone number. At this point the employee will notify our carrier by telephone and written letter of the possible claim. 2 . If the citizen' s insurance company or citizen feels the City' s insurance carrier should be involved, the citizen will contact our carrier (or the contractor ' s carrier if it is a construction project) . "y 3. If the issue is not resolved by the insurance companies to the satisfaction of the citizen, then the policy of the City is to "encourage" the citizen to seek relief from the courts (district or small claims) so that a disinterested third party can decide who should pay for damages . The employee should simply explain this as City policy. 4. No City employee should imply by their .actions or comments to the citizen that "the City will pay the bill or that the matter will go directly to City Council for a decision. " Any citizen who wishes to go to Council with a claim shall be directed to the City Administrator who will place .them on the agenda for the next Council meeting. (IQ 3�!��/�'%iN a'Y ��`— SRM TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN October 6, 1988 Chairman Rockne Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of the June 9th and September 8th Meeting Minutes 4. 7,30 P.M. PUBLIC HEARING: To consider a request for a conditional use permit to move-in a temporary sales office upon the property located at 8050 E. Hwy. 101. Applicant: Allstate Leasing Corporation Action: Conditional Use Permit Resolution #543 5. 7 ,40 P.M. PUBLIC HEARING: To consider a request for a conditional use permit to operate a glass and mirror etching business from a garage located at 1166 Jackson Street. Applicant: Nancy & James Wright Action: Conditional Use Permit Resolution 4544 6. 7,50 P.M. PUBLIC HEARING: To consider a request for a conditional use permit to permit temporary medical office space and hospital storage for approximately 360 days upon the property located at 414 West Fourth Avenue. Applicant: St. Francis Regional Medical Center Action: Conditional Use Permit Resolution #545 7. 8, 00 P.M. CONTINUED PUBLIC HEARING: To consider a request for a conditional use permit to expand the Blue Lake Waste Water Treatment Facility at 6957 TH 101 Applicant: Metropolitan Waste Control Commission Action: Conditional Use Permit Resolution #540 S. 8:10 P.M. PUBLIC HEARING• To consider amending of the Shakopee City Code, Section 11. 05, Subd, 11 I. Regulating Occupancy in RV Parks. Action: Recommendation to City Council 9• 8 :20 P.M. PUBLIC HEARING• To consider amending of the Shakopee City Code, Section 11. 24, Subd. 3 and Section 11.25, Subd. 3 to permit by conditional use animal hospitals and veterinary clinics in the Ag and R-1 Zoning Districts. Action, Recommendation to City Council 10. Vacation of 6th Ave. East of Main Street Action: Recommendation to City Council 11. Discussion a. Park Dedication Fees b. C. 12. Other Business a. b. 13 . Adjourn Douglas Wise City Planner NOTE TO THE PLANNING COMMISSION MEMBERS 1. If you have any questions or need additional information on any of the above items, please call Doug Wise on the Monday or Tuesdaypriorto the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN October 6, 1988 Chairman Rockne Presiding 1. Roll Call at 7 :30 P.M. 2. Approval of Agenda 3. Approval of June 9th and September 8th Meeting Minutes 4 . Other Business a. b. 5. Adjourn Douglas K. Wise City Planner NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Doug Wise on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. Note Meeting Time: 5: 00 P.M. TENTATIVE AGENDA Community Development Commission City Hall Council Chambers October 5, 1988 Chrmn. Keane Presiding 1 . Call to order at 5: 00 P.M. 2 . Approval of the minutes - September 7 , 1988 3 . Action: Celebrate Minnesota 1990 4 . Discussion Items (Verbal) a. Industrial Development Assistance Program- Marketing Plan b. Joint City Council Meeting Agenda - 10-13-88 5. Economic Development Update: (Verbal) a. Bergquist Company b. C. 6. Informational Items: a. Business Update from City Hall b. Comp Plan Update (Verbal) c. 7. Other Business a. Next Meeting - Wed. , November 2 , 1988 - 5 : 00 PM b. 8 . Adjourn Barry A. Stock Administrative Assistant CITY OF SHAKOPEE Please call Barry or Toni at 445-3650 if you cannot make the meeting. 13 • Minutes of the Community Development Commission City Council Chambers Shakopee, Mn September 7, 1988 Vice Chairperson Koopman called the meeting to order at 5:10 P.M. with the following members present: Terry Joos, Don Koopman, Mark Miller and Al Furrie. Commissioner Keane arrived at 5: 30 P.M. Commissioner DuBois and Bud Berens (Ex-officio Member) were absent. Also present were: Barry Stock, Administrative Assistant and Dennis Kraft, Community Development Director. Commissioner Joos requested that the minutes be changed to indicate that he was the secretary of the CDC and not the Vice Chairperson. Joos/Koopman moved to approve the minutes of the May 4, 1988 meeting as amended. Motion carried unanimously. Mr. Stock briefed the Committee on the recent developments that have occurred relative to the Bergquist Company. Mr. Stock noted that a Development Contact Team met with Bergquist Company to discuss their future development plans in Shakopee. The Development Contact Team felt that the Bergquist Company was a qualified industrial prospect and recommended to City Council that a economic development proposal be submitted to them. The proposal submitted and approved by the Shakopee HRA included industrial development revenue bond financing and three years of tax increment proceeds (with fiscal disparities paid by the project) . Mr. Stock reported that the City has not received any formal conformation on whether or not the industrial prospect will accept the City's proposal. However, Mr. Stock stated that he felt that the Bergquist Company was seriously considering Shakopee for their site location. Mr. Stock reported that on August 2, 1988 the Shakopee HRA directed the Community Development Commission to formulate a policy on Industrial Development Incentives. Mr. Stock stated that he has attempted to develop a program that includes elements of the Chaska, Chanhassen and Maple Grove policies. The program as proposed sets forth some general goals and attempts to develop criteria on businesses eligible for program assistance. The incentives offered through the program include industrial development revenue bond financing assistance and tax increment financing. Mr. Stock noted that these two incentives may be offered to developers who meet the development criteria as set forth in the program. The level of tax increment financing to be offered through the program shall be limited to three years of tax increment capture providing that the developer agrees to pay the fiscal disparities out of the project. 1 Mr. Stock then reviewed the eligibility criteria for persons interested in the program. Commissioner Joos questioned if this program was eligible to businesses in Downtown Shakopee. Mr. Stock noted that to be eligible for this program the project must be located in either the I-1 or I-2 zoning district. Commissioner Miller questioned if the increase in market value to $3 million would limit the number of potential applicants. Mr. Stock responded in the affirmative and stated that this criteria would hopefully insure quality development. Mr. Kraft questioned whether or not we should lower the increase in market value to $2 million. Commissioner Keane stated that assuming a construction estimated cost of $30 per square foot, this development criteria would assume the construction of a 100, 000 square foot building on the average. Commissioner Miller suggested that we develop some other criteria for business prospects that may not meet the $3 million market value increase criteria. Chairman Keane stated that industrial revenue bond projects under $2 million were very hard to put together and cost prohibitive. He suggested that a formula be developed that balances the expected tax rate generated against the level of assistance. It was the consensus of the Committee to have staff investigate a formula rather than a fixed dollar increase in the market value amount. Commissioner Koopman then commented on the criteria which established that 50 full time job equivalants had to be generated by the employer. He stated that a research and development company may have 40 employees who earn $100,000 a year each as compared to a manufacturing company that has 50 employees earning $20,000 a year. He questioned which company had more value to the community and whether or not the research and development facility would be provided financial assistance under the criteria as set forth in the proposed program. It was the consensus of the Committee to develop a criteria which would provide assistance to businesses who substantially met the criteria as set forth in the program. This would give the City some leeway in considering projects that may not meet the program criteria to the "T" but did provide a significant benefit to the community. It was consensus of the Committee that the program be made available to new business coming into the community and to existing businesses in the community that may be expanding and meet the program criteria. Discussion then ensued on an application fee for potential program prospects. Commissioner Keane suggested that rather than having an up front application fee that the issue of fees be addressed in the developers agreement. It was the consensus of 2 0 the Committee to have the cost incurred by the City addressed in the developers agreement for repayment. The Commission then reviewed the application for development assistance. Mr. Keane suggested that a question be added to determine whether or not the business was public or private and if it was private who the principal owner was. Commissioner Furrie suggested that a statement be added reserving the City's right to request statements and/or tax return of the applicant for the last three years of operation. Mr. Keane suggested that a statement be added which reserved the City's right to request three bank references from the applicant. The Commission then discussed a flow chart that could be made available to potential business applicants. The flow chart would identify the steps in the process for receiving industrial development assistance. Joos/Koopman moved to recommend to the Shakopee Housing and Redevelopment Authority and City Council the approval of the Industrial Development Assistance Program. Motion carried unanimously. Discussion ensued on the development of a marketing plan for the Industrial Development Assistance Program should it be approved. Consensus of the Committee to place this issue on the agenda of the next meeting if City Council approves the program. Mr. Stock reported that the Community Development Commission and the Downtown Committee have requested a meeting with the City Council to discuss issues as they relate to the two committees. Mr. Stock reported that the City Council at this time was considering disbanding the Downtown Committee. The City Council has agreed to discuss this issue in greater detail at a joint meeting later in October. Mr. Stock then presented a brief agenda for the joint meeting. The Commission expressed their concern about monopolizing the entire meeting for the discussion on the merits of a Downtown Committee. The Commissioners suggested that the agenda be laid out in such a fashion that the Community Development Commission be placed first on the agenda to discuss issues that they feel are of importance. Discussion ensued. It was the consensus of the Committee to discuss a final agenda for the joint meeting at their October meeting. Mr. Kraft informed the Committee of the status of the Shakopee Valley Motel Project. 3 Mr. Stock informed the Commission that several Council members and Commission Miller met with Scottland Company to discuss the future development of the industrial park. The meeting went very well and Scottland may be interested in developing a linear park trail through the industrial park to the Dean's Lake area. Mr. Stock reported that he has not been able to complete a analysis of the pros and cons of an economic development authority vs. a port authority. He hoped to have this information by the October meeting. Furrie/Koopman moved to adjourn the meeting at 7 :00 P.M. Motion carried unanimously. Barry A. Stock Recording Secretary 4 PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 9, 1988 Chairman Rockne called the meeting to order at 7: 45 p.m. Czaja/Schmitt moved to approve the agenda. Motion carried unanimously. PUBLIC HEARING - HENTGES/CARNAHAN PRELIMINARY PLAT APPROVAL Schmitt/Czaja moved to reopen the public hearing to consider the preliminary plat approval of Hentges lst Addition located upon the property North and West of Hwy 169 on both sides of 3rd Avenue. Motion carried unanimously. The City Planner stated that there has been some discussion on going with the railroad but no information is available tonight. Mr. Lindall, Attorney for Mr. Carnahan has submitted a letter and would like it entered into the record for the public hearing. The letter states that they are in favor of relocation of 3rd Avenue. They also state in the letter they are not in favor of the streets being paved and guttered. Schmitt/Czaja moved to accept the letter as presented. Motion carried unanimously. City Planner recommended that the hearing be continued. Schmitt/Czaja moved to notify the adjoining township of the motion to vacate the Shakopee/Chaska road as designed on the application. Motion carried unanimously. Schmitt/Czaja moved to continue the public hearing to July 7, 1988. Motion carried unanimously. PUBLIC HEARING - N.W. ASPHALT INC. CONDITIONAL USE PERMIT NO. 530 Schmitt/Czaja moved to open the public hearing to consider the request for a conditional use permit for outdoor storage of rock and stone products upon the property located East of County 89 and South of 13th Avenue (E. 419. 66' of lot 1, Block 1, Patch 1st Addition) . Motion carried unanimously. The City Planner reviewed the request of the applicant and stated the property is zoned I-1. It is approximately 3-1/2 acres in size. There was some discussion as to whether this property is actually a lot of record and whether or not a permit could be legally issued. The applicant stated that it would be used for storage and once a year a crusher will crush the rock and it will be hauled out. Planning Commission June 9, 1988 Page -2- There was some concern stated about the noise that may be generated by this operation. Councilman Zak raised a concern on whether there will be toxic chemicals stored on the site and whether there will be a security fence around the area. Schmitt/Czaja moved to continue the public hearing to July 7, 1988. Motion carried unanimously. PUBLIC HEARING - SHAKOPEE CITY CODE AMENDMENT The public hearing was opened to consider amending of the Shakopee City Code, Section, 11.03, Subd. 7 I. The proposed amendment will allow the City to issue building permits to property that does not abut a public right of way. Motion carried unanimously. The City Planner reviewed the Zoning Code Section 11. 03, Subd. 7 I. This issue has been discussed over the winter by the Planning Commission and the staff has also been looking into it. The current code states "No building permit shall be issued for any lot or parcel which does not abut a dedicated public street". The proposed amendment contains two exceptions, one being properties located within the approved plan development, and the second being parcels of property being accessed by a private road or driveway easement serving two or less parcels of property. Discussion ensued on how the City Code reads now, and on whether we can differentiate between industrial and residential. A question was raised as to what the purpose of an ordinance like this is and what the benefit of the consistencies are. The City Engineer addressed the concerns saying that the ordinance is for having some sort of control over the proper upkeep of the roads. Chairman Rockne opened the meeting up for comments from the audience. Dave Czaja, 5262 Eagle Creek Blvd. , Deans Lake area, reviewed the regulations as they are written. He reviewed the section on building permits, stating that he cannot do anything to his property without obtaining a building permit. The ordinance is denying the use of ones property. He said that if the concern is the upkeep of the roads then a home association agreement may also address the needs. Comm. Czaja stated that a permit has been issued to a property on Deans Lake Road. Comm. Schmitt said he would like to have staff investigate the residents on Deans Lake Road to determine whether or not a building permit was issued and who of staff signed it, and why it was issued in the first place. Planning Commission 4 June 9, 1988 Page -3- Joe Zak, 5371 Eagle Creek Blvd. , Deans Lake area, said the permit costs $41. 00 and was issued two or three weeks ago. The residents in this area are in the process of building their own covenant and plan to take care of their own. Steve Schmitt, 8540 Eagle Creek Blvd. said he would like to see this ordinance go through and the sooner they can get it working the better. Randy Quiring, 8959 13th Avenue East, said he believes a hardship would be put on a lot of people if the City goes through with this ordinance. Linda Shutz, Shiely Company, passed out a drawing of their property to the Planning Commission members. She said she wishes to seek how the proposal will affect them. They have a concern on how the road would be maintained if it were dedicated to the City. She said she had contacted NSP and C&NW Railroad and the consensus was that they too did not want to see this road made public, and also had a concern on the proper maintenance of this road if it is to be made public. Al Roberg, who owns 30 acres of land had a concern over his property becoming worthless if the City would not allow any building to go up on his property. Bruce Olson, owner of property just North of Al Roberg had a concern on the issuance of building permits and the fact that the land is worthless if permits cannot be obtained. Glen Zacharius, owner of land for 12 years said they have had no trouble with the orad coming in and is not against a new road providing that the cost is within range. He said he is also being held up because of this ordinance from continuing on building an addition to his present building. Walt Heinz, 5331 Eagle Creek Blvd. , Deans Lake area, said the code should be amended to allow him to upgrade his property. Comm. Schmitt expressed concern over land that has been divided and how it has occurred and how the City is enforcing its ordinances. Dave Czaja asked if the ordinance is legal as it is written because it is a denial of a use which is legal. The City Attorney said the ordinance is legal, its application may or may not be, but until more specific facts are known there cannot be a ruling on that issue. Planning Commission June 9, 1988 Page -4- Schmitt/Czaja moved to continue the public hearing to July 7, 1988. Motion carried unanimously. Schmitt/Czaja moved to direct staff to immediately begin investigating the necessary wording adjustments to bring this particular element of the ordinance in conformance with other area of our City Code which provides for the maintenance and rehabilitation of parcels or structures which are grandfathered and are nonconforming. Motion carried unanimously. Schmitt/ moved to direct staff to meet informally with the various affected parties and see if something cannot be made to satisfy these various groups. Motion carried unanimously. Schmitt/Czaja moved to direct staff to investigate whether or not a building permit was issued in the Deans Lake area and if so under what circumstances was it issued. Motion carried unanimously. PRAIRIE ESTATES FINAL PLAT The City Planner reviewed with the Commission the Final Plat for Prairie Estates. The Planner indicated that a change was made to the final plat which eliminates the need to construct 11th Avenue from Legion to Shawmut Streets. Discussion ensued on the need for a sidewalk connecting the developed sections of 11th Avenue and whether right-of-way should be retained for the sidewalk. The Commission agreed that the existing right of way should be maintained and perhaps additional easements provided along the north lot lines adjacent to the right of way. The Developer's Engineer said he has no problem with the easements at this time but would like to have the plat approved so they can keep the project moving. A motion was made to amend Item no. 6 stating that the right of way for 11th Avenue must be maintained and a sidewalk of concrete be constructed in order to connect the east and west roadways. motion carried unanimously. Schmitt/Czaja moved to approve Prairie Estates 1st Addition as amended. Motion carried unanimously. Discussion on the acquisition of the Old Prison Site ensued. Dennis Kraft reviewed the proposed use that the County is Proposing and whether of not it is in conformance with the comprehensive plan. At this point acquisition is not in consistence with the plan. Planning Commission June 9, 1988 Page -5- Czaja/Schmitt moved that the acquisition of the former prison site by the Scott County HRA be consistent with the comprehensive plan and that it will allow the removal of the blighted building within the City of shakopee. Motion carried unanimously. Schmitt/Czaja moved to inform the City Council that the vacation of Apgar Street between 1st and 2nd Avenues is not in conflict with the City's Comprehensive Plan. Motion carried unanimously. Schmitt/Czaja moved to have staff review the CUP for the RV Park on the west end of the community. Motion carried unanimously. Czaja/Schmitt moved to adjourn. Motion carried unanimously. Douglas K. Wise City Planner �y BOARD OF ADJUSTMENTS AND APPEALS PLANNING COMMISSION SHAKOPEE, MINNESOTA JUNE 9 , 1988 Chairman Rockne called the meeting to order at 7 : 30 p.m. Czaja/Schmitt moved to approve the agenda. Motion carried unanimously. Czaja/Schmitt moved to approve the minutes of May 5, 1988. Motion carried with Czaja abstaining. STEVE HENTGES VARIANCE Schmitt/Czaja moved to reopen the public hearing to consider a variance request to allow a 10' rear yard setback instead of the required 30' setback for the property located on the proposed Lot 4, Block 1, Hentges 1st Addition (North of Hwy 169 and East of Third Avenue) . Motion carried unanimously. Schmitt/Czaja moved to continue the public hearing to July 7, 1988. Motion carried unanimously. Schmitt/Czaja moved to have the Planning Administrator advise the applicant that the hearing will be closed on July 7 pending any testimony on his behalf action will be taken. Motion carried unanimously. There was no other business. Czaja/Schmitt moved to close the Board of Adjustments and Appeals. Motion carried unanimously. iy BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota September 8, 1988 Vice Chrmn. Foudray called the meeting to order at 7 :30 P.M. , with Comm. Allen, Schmitt, Forbord and Czaja present. Absent: Chrmn. Rockne and Comm. Stafford. Also present: Doug Wise, City Planner; John Anderson, City Admn. and Cncl. Zak. Czaja/Allen moved to approve the agenda as presented. Motion carried. Schmitt/Allen moved to approve the August 4, 1988 Meeting Minutes. Motion carried with Comm. Czaja abstaining due to his absence. APPEAL TO SIGN ORDINANCE ADMINISTRATIVE DECISION: Czaja/Allen moved to open the public hearing on an appeal to the li interpretation of the Sign Ordinance regarding placement of a temporary real estate sign at the intersection of CR 16 and Vierling Drive. Motion carried. City Planner stated that Dale Dahlke, President of B & D . Development, Inc. , is appealing staff's decision relative to the .I interpretation of the verbage, "temporary real estate signs may be placed in any district for the purpose of advertising the lease or sale of the property upon which it is placed", Section 4 .30, Subd. 3.B. 3 . The proposed location for the sign is on private property not dedicated with the plat for Hauer's 4th Addition. Staff has interpreted the above provision to mean the sign must be placed on a lot for sale within the plat. Discussion was held on whether or not the sign could be placed on Outlot A, Hauer's 4th Addition and meet ordinance requirements. Dale Dahlke stated he has appealed the administration decision based on the location for the sites which cannot be easily seen by prospective buyers. He stated this directional sign is of a temporary nature. He added that Outlot A is being marketed with the knowledge that it is not buildable. Discussion was then held on a setting of precedence. A representative from Gardner Brothers Homes spoke in favor of the request and in opposition of the restrictiveness of the sign ordinance on directional signs. He also requested their directional sign on CR 16 and Hauer's Trail which the City has requested to be removed, be allowed. There were not further comments from the audience. Schmitt/Czaja moved to close the public hearing. Motion carried. Board of Adjustments & Appeals September 8, 1988 Regular Session Page -2- Schmitt/Czaja moved to allow the placement of a directional sign on Outlot A, Hauer's 4th Addition, per City Code Section 4. 30, Subd. 3 .B. 3, based on the following: 1. The sign be placed on the subdivision as platted. 2. The sign be granted on the basis that the term "property" as referenced in Sec. 4. 30, Subd. 3 .B. 3 is not specific. Motion carried. Schmitt/Forbord moved to direct staff to work with Gardner Brothers Homes on alternatives for placement of their sign. Comm. Czaja questioned if the Board had the authority to be making such a motion and if pursuing this issue wasn't the responsibility of Gardner Brothers. P Y Chrmn. Foudray moved the motion out of order. APPEAL OF ADMINISTRATIVE DECISION TO THE SIGN ORDINANCE- Allen/Czaja moved to open the public hearing on an appeal of the interpretation of the sign Ordinance that striping on the canopy fascia whether lighted or not is considered by the City to be a part of the signage based upon City Code definition for property located at 1155 1st Avenue East. Motion carried. City Planner stated this request is considered a part of the total sign area and based on previous action by the Board of Adjustments and Appeals in March 1986, staff recommends sustaining the administrative ruling that the striping on the canopy is considered an integral part of the signage and not an architectural feature. Bob Johnson, Attorney for SuperAmerica, stated he felt opposition in the past was based primarily on the lighting issue which is not currently part of their request. Roman Gaylord, Repr. for SuperAmerica, was present to answer construction questions relative to the proposal. He stated their proposal is a design feature. The lighted SA logos have not been placed on the canopy so doesn't understand how this could be considered signage. He stated that if the combination of the striping and the SA logos/symbols is considered signage, they would do without the logos. There were no further comments from the audience. Board of Adjustments and Appeals September 8, 1988 Regular Session Page -3- Schmitt/Czaja moved to close the public hearing. Motion carried. Schmitt/Czaja moved to deny the request and support staff's decision based that the appearance that nothing has changed since their initial request in 1986; and the denial for striping and corporate letters is supported by the existing ordinance. Discussion was held and clarification requested if the logos/symbols were to be placed on the canopy. Mr. Gaylord repeated that there would be no corporate letters or SA symbols anywhere on the canopy. The request is for striping only. Schmitt/Czaja withdrew their motion. Schmitt/Czaja moved that striping in this manner should be considered an architectural design and as long as it is not incorporated with symbols, language, logos or any identifying marks, the request be granted. Motion carried. VARIANCE FOR PORPOSED CAR WASH: Allen/Czaja moved to open the public hearing to consider variances in order to construct a car wash at 612 E. 1st Avenue. Motion carried. City Planner stated the applicant is Clete Link who has requested four variances in order to construct a four bay car wash. The variances under consideration are: 1) A 5' front yard setback variance from the west property line for the building allowing a 25' setback instead of the required 30' setback; 2) A 1' side yard setback variance from the east property line for the building allowing a 19' setback instead of the required 20' setback; 3) A 7' front yard setback variance from the north property line for the parking lot allowing an 8' setback instead of the required 15' setback and 4) A 12' front yard setback variance from the west property line for the parking lot allowing a 3' setback instead of the required 15' setback. City Planner added that a point of consideration is that the abutting Lot 8 could be incorporated into the project and thus meet all setback requirements. Clete Link stated the reasons for the variances being requested include the economic decision to make a bay available for RV usage, the need for a handicap restroom and that development is difficult in this area due to the restrictive setback requirements. He added that to include Lot 8, would not be economically feasible. Board of Adjustments & Appeals September 8, 1988 Regular Session Page -4- There were no additional comments from the audience. Comm. Forbord moved to close the public hearing. Motion died for lack of second. Discussion was held on the lack of sufficient information on which to base a decision on the number of variances requested and if more information were available perhaps some of the variances could be eliminated. Schmitt/Czaja moved to continue the public hearing to September 22, 1988 and directed the applicant or staff to provide the necessary documentation on: 1) Traffic flow; 2) Blueprint of the building; and 3) If landscape is varied, a new landscape plan be submitted. Motion carried. Schmitt/Czaja moved to adjourn. Motion carried. Meeting adjourned at 9:00 P.M. Jane VanMaldegem Recording Secretary Doug Wise City Planner i )y SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota September 8, 1988 vice Chrmn. Foudray called the meeting to order at 9: 10 P.M. , with Comm. Allen, Schmitt, Forbord and Czaja present. Absent: Chrmn. Rockne and Comm. Stafford. Also present: City Admn. John Anderson; City Planner, Doug Wise and Cncl. Zak. Czaja/Schmitt moved to approve the agenda as presented. Motion carried. Schmitt/Allen moved to approve the meeting minutes from August 4, 1988. Motion carried with Comm. Czaja abstaining due to his absence. Schmitt/Czaja moved to approve the meeting minutes from August 25, 1988. Motion carried with Comm. Allen abstaining due to his 4 absence. CONDITIONAL USE PERMIT - METROPOLITAN WASTE CONTROL COMMISSION: Schmitt/Czaja moved to open the public hearing to consider a request for a conditional use permit to expand the Blue Lake Waste Water Treatment Facility at 6957 TH 101. Motion carried. City Planner stated the Blue Lake Waste Water Treatment Plant has applied for Conditional Use Permits for: 1) Major plant expansion; and 2) Excavation, filling and construction in the floodplain Zone. Comm. Schmitt questioned if this facility had ever been issued a Conditional Use Permit. City Planner replied that he was unaware of any requests or issuances. A representative from the MWCC was present to address the Commission. She stated the increase would be a little over 25 percent. There had been no need for any previous conditional use permits because the facility was not originally built in the Flood Plain. She stated that along with the approval from the City of Shakopee, they also needed permits from the DNR and the Watershed District. This project is being conducted as a result of the EPA law suit. Outside of normal construction noise, there will be no additional noise or traffic. The treatment of the sludge will not change in any manner, but there will be additional sludge. A landscaping plan will be submitted if requested by the City. There were no other comments from the audience. Shakopee Planning Commission September 8, 1988 Regular Session Page -2- Schmitt/Forbord moved to continue the public hearing to October 6, 1988 and directed staff and the applicant to provide additional information on the following: 1) Treatment effect on odor and fog, 2) DNR Storm Water Permit; 3) Corp. of Engineering Permits; 4) Ramification of the 50 percent expansion on the community; 5) Basis for the last remodeling and why a conditional use permit was not required; 6) Additional information on the EPA lawsuit; and 7) Lanscaping Plan. Motion carried. Comm. Czaja requested that the public be notified of this issue via a newspaper article. Schmitt/Forbord moved to direct staff to notify the comprehensive plan organization and advise them of this application and its relationship to the Comprehensive Plan and ask them to move quickly relative to this issue. Motion carried. CONDITIONAL USE PERMIT - OUTSIDE STORAGE (BACKSTRETCH R V ) Czaja/Schmitt moved to open the public hearing to consider a request for a conditional use permit for outdoor storage upon the property located at 8855 13th Avenue East (Backstretch R.V. Park) . Motion carried. Discussion was held on City Code enforcement if this request were to be approved. Comments were also given that the landscaping plan had not been implemented as shown on the drawing. Jack VanRemortel, applicant, stated the landscape plan has been honored but not in the location as recommended by the Planning Commission. The landscape plan desired by the Planning Commission placed the trees directly under utility lines. He added these concerns had been discussed with the previous City Planner and a more appropriate location derived. There were no additional comments from the audience. Schmitt/Allen moved to close the public hearing. Motion carried. Comm. Schmitt moved to approve Conditional Use Permit Resolution No. 540, allowing for outdoor storage of RV's, subject to the following conditions: 1. A full time attendant live on-site for the stated period. 2. The stored RV's are locked and unhooked from all utilities and show no outward sign of occupancy. 1 � Shakopee Planning Commission September 8, 1988 Regular Session Page -3- 3 . No more than 185 RV's be stored on the site and they must be placed on the pads as shown on the site plan submitted with the application. 4. There be no storage on the park for a period beginning three weeks prior to the opening of the race tracks and continue through three weeks after the closing. Motion died for lack of second. Discussion was held on the condition basing closure on a proposed race track season. Czaja/Forbord moved to continue the public hearing to September 22, 1988 to give staff time to research language to provide a definite break between the summer tourists and winter storage and to provide information on: a) Creation of turnover during summer months; b) Landscaping issues; c) Code enforcement; and d) Storage security during the winter months. Motion carried with Comm. Schmitt abstaining. CONDITIONAL USE PERMIT FOR CONSTRUCTION OF STORAGE TANKS - BUSH LAKE INDUSTRIES: Czaja/Allen moved to open the public hearing on a request for a conditional use permit to construct storage tanks in excess of 45 feet in height upon the property located at 4571 Valley Industrial Blvd. Motion carried. City Planner stated that Bush Lake Industries has submitted a conditional use permit application to construct six raw material storage tanks which will exceed the 45' height limitation in the I-2 Zone. Dave Polstead, representative, was present for discussion. Questions were asked of the representative relative to proximity of the proposed tanks and the railroad tracks and railroad approval. There were no other comments from the audience. Forbord/Allen moved to close the public hearing. Motion carried. Forbord/Allen moved to approve Conditional Use Permit Resolution No. 541, allowing Bush Lake Industries to construct six storage tanks up to 70 feet in height subject to the following conditions: 1. The tanks must be painted to match the existing plant. Shakopee Planning Commission September 8, 1988 Regular Session Page -4- 2. A sign permit must be secured before any signage is placed on the tanks. 3 . All State and applicable permits must be placed on file at City Hall. 4. Copy of data safety sheets on products to be stored in tanks must be placed on file at City Hall. Discussion was once again held on the location of the tanks to the railroad facility. Forbord/Allen withdrew their motion. Schmitt/Allen moved to approve Conditional Use Permit Resolution No. 541, allowing Bush Lake Industries to construct six storage tanks up to 70 feet in height subject to the following conditions: 1. The tanks must be paimted to match the existing plant. 2. A sign permit must be secured before any signage is placed on the tanks. 3 . All State and applicable permits must be placed on file at City Hall. 4. Copy of data safety sheets on products to be stored in tanks must be placed on file at City Hall. 5. First tanks be constructed to the rear and be no further back than the East/West rear building line and site be so constructed as to provide for no encroachment to the north of the East/West building line. Motion carried with Comm. Forbord abstaining. Czaja/Schmitt moved for a 5-minute recess at 11:50 P.M. Motion 4 carried. -Czaja/Schmitt moved to reconvene at 11:55 P.M. Motion carried. AMENDMENT TO CITY CODE, SEC. 11. 03 , SUBD 7I• Discussion was held on a recommendation to the City Council to amend Sec. 11. 03, Subd. 7I, of the Shakopee City Code to allow the City to issue building permits to property that does not abut a public right-of-way. A representative from Shiely Mining was present and stated she had no concerns with the ordinance as proposed. Shakopee Planning Commission September 8, 1988 Regular Session Page -5- Schmitt/Forbord moved that staff's proposed amendment to Sec. 11. 03, Subd. 7I, as outlined in staff's memo of September 2 , 1988, be recommended for approval to the City Council. Joe Zak, Dean Lake Homeowners Assn. , submitted language to the proposed amendment which they believe will further clarify the ordinance. Dave Czaja, Dean Lake Homeowners Assn. , stated this language, as presented by the Assn. , should be easier to locate within City Code and thereby make for better law enforcement. Schmitt/Forbord withdrew their motion. Jack VanRemortel, Pres. of Northwest Asphalt, stated they have an approved Conditional Use Permit for a recycling yard but cannot obtain a Building Permit until this ordinance is adopted. He asked that a recommendation to the City Council not be delayed. Schmitt/Forbord moved to table recommendation on amending Sec. 11.03, Subd. 7I, and refer it back to staff for comments and consideration of the language as presented by Dean Lake Homeowners Assn. Motion carried. OTHER BUSINESS• Schmitt/Czaja moved to hold a public hearing for October 6, 1988 to consider amending Sec. 11. 05, Subd. 11I (RV Park extended occupancy) . Motion carried. Schmitt/Czaja moved to set a public hearing for October 6, 1988 to consider amending the City Code to allow animal hospitals and veterinary clinics within the AG and R-1 zoning districts as a conditional use. Motion carried. Comm. Forbord asked staff to research the City Code for ordinance pertaining to floating homes. Czaja/Allen moved to adjourn. Motion carried. Meeting adjourned at 12 :30 A.M. Doug Wise City Planner Jane VanMaldeghem Recording Secretary SHAKOPEE COALITION MEETING MINUTES - SEPTEMBER 6, 1986 The meeting was called to order at 4: 30 PM by Chairman Brian Norrie in the Citizens State Bank Community Room. Members Present: John K. Anderson (City Of Shakopee), Kathleen Petron (St. Francis Regional Medical Center) , Den L. Hron (Lione), Chuck Dustrud (Scott County Human Services) , Barry Stock (City Of Shakopee), Theresa Roehrlch (Chamber Of Commerce), Sister Esther Wagner (SAC' S School), Cathy TenEyck (Jaycees) , Claude Kolb (Knights of Columbus), Debra Batee (Shakopee Community Education), Brien Norrie (Citizens State Bank), Denise Parrish (Southern Valley Alliance/Battered Women), David Hart (Scott County Extension), Phyllis Hussong (Community Action Agency) and George Muenchow (Shakopee Community Recreation. All members introduced themselves. Phyllis shared that the Food Shelf useage is again increasing after the normal summer slow down. Over 200 families are being served. A recent golf tourney fund raiser sponsored by Capesius Agency and others garnered a large sum of money. There also was a good response Bt the Showcase last spring. Denise announced that the Southern Valley Alliance For Battered Women is in desperate need for more volunteers to answer Crisis Line Phone Calls in their own home. A formal training session is scheduled for October 6. It was suggested that organizations and churches could volunteer a person to do this on a scheduled basis. Brian will look to Bee if the Lions Club might fund one additional staff person for them. Barry Stock and John Anderson reported on some local economic development : a. New business is being wooed by other communities using various gift enticements. A high tech type business looking at Shakopee has been offered a three year tax increment incentive and it should be known soon if the effort was successful. b. The City's Comprehensive Plan is in the process of revue using a diversified cross section of citizen members. The purpose is to enhance future orderly growth. C. The 1989 Derby Days is being planned. d. The 1989 City Budget being reviewed. There will be a public hearing on September 20. e. 10th Avenue Re-construction taking place including some new storm sewer, removal of dips, and a new blacktop lift to be applied in a relatively short time. Others also shared: a. St. Francis is offering adult classes andother varied outreach programs and is interested in networking with other agencies. b. Shakopee Community Recreation had a very busy summer and the current pace with fall programs is not slowing down. C. The Community Action Agency is developing "Fair Share" programs around the area where citizens can purchase groceries at a reduced rate providing that they volunteer some time in response. There will be a Safety Awareness Seminar September 20. This program wee triggered by beatings, rapes, and murders that have recently occured in the Twin City Metro area. They are starting to gear up for the coming Holiday Projects. d. Community Education is again offering a Defensive Driving Course for Sr Citizens (and others) . A College Credit Course Orientation Program is scheduled for September 27 and again for September 29. e. The Jaycees are thinking about getting involved in a Drug Awareness Program. They were encouraged to network with the schools. f. SACS Schools will hold a fund raising marathon October 1. School enrollment currently is 350. g. The City has updated its housing code and will be aggressively enforcing It with initial searching for violations in residences in conjunction with businesses and also residences at the time a sale is made. h. The Chamber Of Commerce has scheduled a Business After Hours Social for everyone at the Shakopee House on September 14, from 5-7 PM with free hors d'oeuvres. Their next general meeting is Wednesday, September 21, at noon at the Shakopee House. I. Everyone in the County has been affected by this summer's drought to some degree. Anyone needing guidance on lawn renovation etc can call Scott County Extension. Rain was spotty, therefore, some areae of this county were not as badly affected as others. J. The Scott County Human Services Volunteer Director (Laura Matuska) is working hard to locate interested people. It was suggested that she might be able to provide help for the Southern Valley Alliance. Chairman Norris commented how pleased he was with the excellent turnout for this meeting and was extremely impressed with the caring that is taking place in the community. The meeting was adjourned at 5:30 PH. A special thanks is due those that couldn't attend, but took the time to locate a substitute. Next meeting is October 4 at 4:30 PH. Respectfully Submitted, George F. Muenchow, Acting Secty. 16 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on August- 1,1988 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kephart, Kirchmeier and Cook. Also Liaison Wampach, Manager Van Hout and Secretary Menden. Motion by Kirchmeier, seconded by Kephart to approve the minutes of the July 11, 1988 adjourned regular session and the July 27, 1988 special session as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 American National Standards Board 50.88 Alyssa Anderson 525.00 Bentz Construction Co. 168.75 Borders States Electrical Supply Co. 8,832.52 Burmeister Electric Co. 2,282.22 Business Outfitters 173.87 Chicago and N.W. Transportation Co. 180.00 City of Shakopee 56,761.50 City of Shakopee 978.63 City of Shakopee 329.52 City of Shakopee 901.25 Davies Water Equipment Co. 105.07 Ditch Witch of Minnesota, Inc. 169.75 Feed Rite Controls, Inc. 1,815.40 Fresco 773.69 General Office Products 27.10 Glenwood Inglewood 9.43 Graybar Electric Co. 1,410.88 H & C Electric Supply 2,149.83 Hance Cable Testing 752.10 Ken's Steel Door 32.50 Krass and Monroe Chartered Law Office 1,672.92 Leef Bros. , Inc. 22.80 Malkerson Motors 11,600.00 Minn. Environmental Equality Board 307.21 Minn. Valley Testing Laboratories, Inc. 13.60 Motorola, Inc. 1,613.94 Northern States Power Co. 504,159.34 Northern States Power Co. 1,575.59 Northern States Power Co. 332.32 Reynolds Welding Supply Co. 6.60 Scott Co. Sheriff Communications 439.60 Shakopee Services, Inc. 26.00 Tom Siebenaler 8.92 Southwest Suburban Publishing, Inc. 279.30 Starks Cleaning Services, Inc. 68.00 Triangle Engineering, Inc. 300.00 United Compucred Collections, Inc. 118.80 l � Valley Industrial Propane, Inc. 22.05 Voss electric Supply Co. 134.46 Warning Lites of Minn, Inc. 297.80 Water Products Co. 575.60 Westinghouse Electric Supply Co. 1,640.03 Wheeler Lumber Operations. 842.40 Woodhill Business Products 292.54 Yarusso's Hardware 174.93 Shakopee Public Utilities Commission 173.47 Louis Van Rout 52.13 Motion by Kephart, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. Liaison Wampach relayed to the Commission the Mayor's concern for sufficient water supplies for fire fighting or if a total ban should be imposed. " The Commission thanked.the Mayor for her concern, but asked Mr. Wampach to relay that the present wateringrestrictions have provided'enough time for the tanksto replenish. Motion by Cook, seconded by Kephart to reaffirm our stand on our current sprinkling restrictions but with no need to further restrict the residents of Shakopee, at this time, since our water source is 100 percent well supplied and we have had no indications that the aquifers are in danger, and we have been keeping sufficient tank supplies. Motion carried. A request for a street light on Adams Street between 6th Avenue and 10th Avenue was relayed to the Commission by Liaison Wampach. Manager VanHout has looked into the location of the street light and has written a memo to the Commission and Liaison Wampach regarding the street light request and street lighting policies in general. The Commission have no objections as per the request. A report on the five year capital improvement plan was given to the Commission and discussed. Bids for a bobcat with attachments and trailer were presented to the Commission. Motion by Kirchmeier, seconded by Kephart to award to the low bidder Lano Implement Inc. in the amount of $11,599.60 for the bobcat and trailer. Motion carried. Manager VanHout informed the Commission of a meeting with Northern States Power Co. on September 22 at the Shakopee Public Utilities Offices. September 7,8 and 9 there will be a meeting of the Minnesota Municipal Utilities Association. Manager VanHout plans to attend. Motion by Kephart, seconded by Kirchmeier that the Shakopee Public Utilities participate in Gopher State One Call which is an underground locating system. Motion carried. Manager VarMout reported one plat for July, 1988, Hentges let. Addition. There Were 8 fire calls for the month of July for a total of three hours and 25 minutes. There were no lost time accidents for July, 1988. The next regular meeting of the Shakopee Public Utilities Commission will be held on August 29, 1988, in the Utilities meeting room at 4:30 P.M. Motion by Kirchmeier, seconded by Kephart that the meeting be adjourned. Motion carried. G r � Barbara Menden, Comwss on Secretary 1� MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on August 29, 1988 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook and Kephart. Also Manager Van Hout and secretary Menden. Commissioner Kirchmeier and Liaison Wampach were absent. BILLS READ: City of Shakopee 20,032.00 Auto Central Supply 6.60 Bentz Construction, Inc. 180.00 Berens Market 248.44 Border States Electric Supply Co. 4,065.10 Business Outfitters, Inc. 22.81 City of Shakopee 767.28 City of Shakopee 841.18 City of Shakopee 23.30 Chicago and Northwestern Transportation Co. 180.00 Cy's Amoco and Tire Center 200.91 Dem-Con Landfill, Inc. 50.00 Ditch Witch of Minnesota, Inc. 175.15 Dressen Oil Co. 280.50 EPL, Inc. 20,267.69 Feed-Rite Controls, Inc. 1,936.22 General Office Products Co. 31.44 _ Glenwood Inglewood 18.25 Graybar Electric Supply Co. , Inc. 2,010.12 H & C Electric Supply Co. 663.83 Hance Cable Testing 803.00 Hardrives, Inc. _ 600.00 Harmons Hardware 52.99 Hennens ICO 365.74 SM Hentges and Sons, Inc. 4,022.10 Johnson Block and Ready Mix, Inc. 432.40 Kress and Monroe Chartered Law Office 1,676.99 Leef Bros. , Inc. 21.50 Minnesota Valley Testing Laboratories 27.20 Motor Parts Service Co. , Inc. 31.01 Ted Neisen 101.45 Northern States Power Co. 535,808.67 Northern States Power Co. 332.32 Northern States Power Co. 1,319.06 Office Products of Minnesota, Inc. 14,597.40 Pitney Bowes 87.75 Precision Metal Fabricators 8.00 Reynolds Welding Supply Co. 41.12 River Electric Association 10,150.00 Schilz Ornamental Iron 8.00 Schoell and Madson, Inc. 492.05 Shakopee Services, Inc. 26.00 a Ronald Smith 189.50 Southwest Suburban Publishing, Inc. 396.89 Dean Smith, Inc. 368.00 Starks Cleaning Services, Inc. 68.00 Valley Industrial Propane, Inc. 29.43 Louis Van Bout 58.46 Voss Electric Supply Co. 160.20 Westinghouse Electric Supply Co. 774.13 Woodhill Business Products 966.08 Motion by Kephart, seconded by Cook that the bills be allowed and ordered paid. Motion carried. Motion by Kephart, seconded by Cook to offer Resolution 8331 A Resolution to Terminate the Temporary Restrictions for Lawn and Garden Sprinkling and/or Irrigation. Ayes: Commissioners Kephart and Cook. Mayes: none. Resolution passed. Motion carried. Motion by Cook, seconded by Kephart that the meeting be adjourned to September 12, 1988 at 4:30 P.M. in the Utilities meeting room. Motion carried. 1 �.: tAn r, M vutL Commussion Sec ret3'iy. Barbara Menden CONSENT MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: CertainTeed Resolution DATE: September 22, 1988 INTRODUCTION In many instances our business and industry leaders in the community donate large sums of money on products worth a considerable amount of money to make special civic projects viable. BACKGROUND It has been Council's policy in the past to give special recognition to these people, firms or corporations who make these most generous donations of money and/or products. RECOMMENDATION In keeping with Council's past policy, I strongly recommend the Shakopee CertainTeed Corporation be afforded this special recognition in the form of a Resolution of Appreciation for their generous donation of roofing materials for the Chamber Building, the Scenic Overlook and the Shakopee Community Youth Building. ACTION REODESTED Offer Resolution No. 2952, A Resolution of Appreciation to CertainTeed Corporation, and move its adoption. LH:cah i RESOLUTION NO. 2952 A RESOLUTION OF APPRECIATION TO CERTAINTEED CORPORATION WHEREAS, a new Chamber of Commerce building has been constructed in the City of Shakopee; and WHEREAS, a scenic overlook has been constructed overlooking the Minnesota River in Shakopee; and WHEREAS, plans are being made for construction of a new community youth building in Shakopee for use by any structured youth group; and WHEREAS, Certainteed Corporation has generously donated roofing materials for each of these buildings. NOW, THEREFORE, BE IT RESOLVED, that the Shakopee City Council, on behalf of the citizens of the community does hereby extend its thanks and appreciation to Certainteed Corporation for their generous contributions of roofing materials for the Chamber of Commerce building, scenic overlook, and the community youth building in Shakopee, Minnesota. Adopted in session of the City Council of the City of Shakopee, held this day of , 1988 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1988. City Attorney TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA October 4 , 1988 Mayor Dolores Lebens presiding 1] Roll call at 7: 00 P.M. 2] Resolution of Appreciation to CertainTeed Corporation 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 7] 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. ) APPROVED *83 Approval of Minutes of September 12th and 13th, 1988 91 Communications: APPROVED a] Association of Metropolitan Municipalities re: computer analysis capability b) Joseph Johnson APPROVED 10) 7 : 30 P.M. Public Hearing on Bush Lake Industries' appeal from the Planning Commission's approval of a conditional use permit to construct storage tanks in excess of 45 feet in height upon property at 4571 Valley Industrial Blvd. 11] Boards and Commissions: Planning Commission: APPROVED a) Ordinance No. 253 , Issuance of Building Permits to Property not Abutting Public R-O-W 12) Reports from Staff: (Council will take a 10 minute break around 9: 00 P.M. ) MOTION DENIED a] Al Dubois Letter (Motion denied to reimburse DuBois $1463.00) APPROVED b] City Parking Lot at 2nd & Fuller (Laurent Dumpster) DISCUSSION c] Capital Improvements Projects for 1989 - tabled 9/6 RETAIN FEE d) C.O. Fee - Heavy Duty Air APPROVED e] Shakopee Hockey Association Assistance APPROVED f] Industrial Development Assistance Policy (See HRA '6) APPROVED g] Private Use by Lease or Sale of Dedicated Park Lands TENTATIVE AGENDA October 4 , 1988 Page -2- 12] Reports from Staff continued: TABLED h] Minnesota Valley Restoration Project Memo on Murphy's Landing APPROVED *i] Tahpah Park Baseball Batting Cage APPROVED *j ] Pavement Preservation Project No. 1988-8 APPROVED *k] VIP Extension Assessments APPROVED *1] Recording Secretary Employment Agreement - Council APPROVED *m] Recording Secretary Employment Agreement - Planning APPROVED n] Approve Bills in Amount of $108, 390.16 APPROVED o] Minnesota Valley Trail Easement - R. Sweeney/DNR APPROVED p] Tax Increment/Referendum Legislation APPROVED *q] Grader Specifications 131 Resolutions and Ordinances: APPROVED *a] Res. No. 2957, Certifying Delinquent Storm Drainage Bills APPROVED b] Res. No. 2958, Approving 1988 Tax Levy APPROVED *c] Res. No. 2959, Consenting To The Levy By The HRA APPROVED *d] Res. No. 2960, Directing The County Auditor Not To Levy A Tax For Debt Service For Selected Bond Issues APPROVED *e] Res. No. 2951, Adopting Assessments for Vierling Drive, Project No. 1987-12 APPROVED *f] Res. No. 2954 , Appointing Electon Judges 1y APPROVED *g] Res. No. 2955, Initiating Vacation of A Utility Ease- ment in Meadows 1st Addition APPROVED *h] Res. No. 2956, Apportioning Assessments In Prairie House 2nd Addition APPROVED *i] Res. No. 2961, Initiating Vacation of 6th Ave. from Main Street to the East APPROVED j ] Ord. No. 254, Amending Chapter 1 of the City Code on General Provisions and Definitions APPROVED k] Ord. No. 255, Amending Chapter 2 of the City Code on Administration and General Government APPROVED 1] Ord. No. 256, Amending Chapter 5 of the City Code on Liquor, Beer, and wine Licensing APPROVED m] Ord. No. 257, Amending Chapter 8 of the City Code on Traffic Regulations 14] Other Business: 10/25 a] Reschedule Joint Council, Community Development Commis- sion, and Downtown Committee Meeting b] c] 151 Adjourn to Tuesday, October 18, 1988 at 7 : 00 P.M. John K. Anderson, City Administrator it TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting October 4, 1988 Chairman Steven Clay presiding 1. Roll Call at 7: 00 P.M. 2. Approve the September 20, 1988 Meeting Minutes 3 . Housing Proposal from Schatzlein Associates 4. 1989 Budget Adoption Resolution #88-4 5. 1989 Tax Levy Resolution #88-5 6. Industrial Development Assistance Policy 7. Other Business a. b. 8 . Adjourn Dennis R. Kraft Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MN SEPTEMBER 20, 1988 Chairman Clay called the meeting to order at 7 : 01 p.m, with Commissioners Wampach, Vierling, Zak and Scott present. Also present were Mayor Lebens, John K. Anderson, City Administrator; Dave Hutton, City Engineer; Julius A. Coller II, City Attorney; Dennis Kraft, Community Development Director and Judith S. Cox, City Clerk. Wampach/Vierling moved to approve the minutes of July 5, 1988 and September 6, 1988. Motion carried unanimously. The Executive Director said that they are awaiting further information from the Shakopee Square Properties regarding the Letter of Credit renewed on the Tax Increment Project. He recommended tabling this item until October 18, 1988 when more information will be available. Comm. Vierling said she did have a concern on the vandalism problems that have been occurring lately. Wampach/Scott moved to table the Shakopee Valley Square Properties Tax Increment Project discussion until October 18, 1988 . Motion carried unanimously. The Executive Director reviewed the Industrial Development Assistance Policy, stating that Council should make a decision on whether the City will take a progressive -approach to attracting industrial prospects. He said that the City has received numerous inquiries on industrial projects. Comm. Wampach asked who would be paying for the market analysis and Dennis Kraft said the developer would be paying for it or another option would be is to require a down payment up front. Comm. Vierling asked about requiring a certain percentage that the developer would have to put in as equity. Comm. Scott had a concern that by adopting this policy that it might be opening the door for using tax increment money. Comm. Scott said he would rather review them on an individual basis rather than one lump sum. Consensus was to have staff make a more restrictive policy in words and have staff categorize items as far as size, training programs, and financing. Zak/Vierling moved to table the industrial Development Assistance Policy until October 4, 1988. Motion carried unanimously. Wampach/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 7 :30 p.m. Dennis Kraft Executive Director Carol Schultz Recording Secretary � 3 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Dennis R. Kraft, Executive Director RE: Housing Proposal from Schatzlein Associates DATE: September 28, 1988 INTRODUCTION• Mr. Bill Schatzlein has contacted the HRA office and has indicated that he would like to discuss the possibility of constructing a market rate housing for the elderly on an 11.2 acre parcel of land located in Western Shakopee. BACKGROUND: The proposed development is located Southwest of the Minnesota Valley Mall and is currently vacant. The land is owned by Watson Investments and the prospective developer has an agreement with Watson to purchase the property contingent upon City approval of the concept. The plan would ultimately provide for up to 112 units of single story attached rental dwelling units for seniors. This would include 56 one bedroom units of approximately 600 sq. £t. and 56 two bedroom units with an area of 800 sq. ft. each. Attached please find a brief description of the proposed project along with a site plan for the subject parcel and a rendering of the proposed project. At this time the developer would merely like to make a presentation to the HRA and determine the level of City interest in the project. No decisions are being sought at this time. ALTERNATIVES• 1. Indicate to the developer that the Shakopee HRA does have an interest in working with the developer on this project and that the developer should work with the HRA staff in an attempt to more clearly delineate the nature of the project and other significant elements such as project funding. 2. Indicate to the developer that the City is interested in the project but would not provide any form of subsidy for the project. 3 . Indicate that the City of Shakopee is not interested in this project at this time. RECOMMENDATION• It is recommended that the HRA listen to the developers presentation and express comments to the developer so that a future course of action can be determined. ACTION REOUESTED• No specific action is requested of the HRA on this subject. The developer is only interested in receiving comments as to the desirability or lack of desirability of this project. 4A n REAL ESTATE DEVELQPMENT Dennis Kraft September 27, 1988 Shakopee Housing & Redevelopment Authority 109 ist Ave. East Shakopee, Minnesota Dear Mr. Kraft: Schatzlein Associates is pleased to submit our prellminaryt proposal for the development of an 11.2 acre parcel in Shakopee. The site is a vacant parcel of land adjacent to the Minnesota Valley Shopping Mall. The=land is currently owned by Watson Investments. Schatzlein Associates has an agreement with Watson Investments to purchase the property following City approvals. The plan provides for 112 units of single story attached rental homes for Seniors. The mix of units includes 56 one bedroom (approximately 600 square feet) and 56 two bedroom (approximately 800 square feet) . Each unit has separate heating and electrical service, hook-ups for washer and dryers, and a private entry. Each unit will have two parking spaces, one detached garage and one surface space. Attached please find a site plan and a drawing showing the architectural character of the development. - This community is designed to provide a secure and care free living environment for middle income seniors who desire independent living. Our property management company will be responsible for all exterior maintenance and provide full time on-site management staff. Our market research indicates that this type of housing is very desirable for seniors who wish to rent, but prefer a private 4 0 3 2 G R N D A V E N U E. S O U T H M I N N E A P O L I S M I N N E S O T A 5 '5 4 0 9 612 824 - 1628 -2- home that is similar to the single family home. With private entrances, large courtyards, on-site security, and community service programs, our residents can live an active care free life style at affordable market rental rates. The units will rent for $395-425 per month for a 1 bedroom unit and $595 for a two bedroom and $40 per month for a garage. We have chosen an excellent location in Shakopee for this type of housing. Residents will have direct access to shopping at the adjacent Minnesota Valley Shopping Mall. We understand that a dial-a- ride program is also available in the community to assist seniors with transportation to other services. This housing development will benefit the City of Shakopee in several ways. The City tax base will be expanded, single family homes now occupied by seniors can be made available to families in the community, or those wanting to move into the community, and local merchants will realize an increase in business. This type of housing also requires a minimal amount of city services. For seniors who wish to remain in the Shakopee area, this housing provides a meaningful, affordable alternative. In order to make these units available to Shakopee seniors at- affordable rental rates we ask that the City of Shakopee through its Housing and Redevelopment Authority provide assis- tance to this development through the tax increment financing program. We look forward to working with you to determine how we can implement this plan and we would be pleased to present this plan for discussion at your next HRA meeting. Thanks for taking time to meet with us to discuss our preliminary proposal . Sincerely, William L. Schatzlein Enclosures 4 i s \ x\ §I v � / � �T Y,• i z c m R LK STREET _t " II As: i \\ n . 1i �� - :� � . - .. �_ �, .�, ,. �I, i�:� ��� � ` d I . 4 0 iii i _ � '� , ' /J ', f � ,�- __ � �� 1. �I II IH'�I _� � I �� J I � y TO: Dennis Kraft, HRA Director FROM: Gregg Voxland, Finance Director -RE: 1989 Budget Adoption Resolution DATE: September 21, 1988 Introduction and Background Attached is Resolution Number 88-4 which adopts the Shakopee HRA General Fund budget for 1989. Action Requested Offer Resolution Number 88-4, a resolution adopting a General Fund Budget for 1989 and move its adoption. RESOLUTION NO. 88-4 A RESOLUTION ADOPTING A GENERAL FUND BUDGET FOR 1988 WHEREAS, the By-Laws os the Housing and Redevelopment Authority in and for the City of Shakopee provides that a budget be prepared on an annual basis. NOW, THEREFORE, BE IT RESOLVED, that the attached General Fund Budget be approved for 1989 with total appropriations in the amount of $251,860. Adopted in session of the Housing and Redevelopment Authority in and for the Cith of Shakopee, Minnesota, held this day of 1988. —— Chairman of the Housing Authority ATTEST: Executive Director Secretary Approved as to form this day of 1988, City Attorney � 5 TO: Dennis Kraft, HRA Director FROM: Gregg Voxland, Finance Director RE: 1989 Tax Levy Resolution DATE: August 30, 1988 Introduction and Background Attached is Resolution Number 88-5 which requests the Shakopee City Council to consent to the tax levy for the HRA. The levy is the one third of a mill allowed which is estimated at $30,000. Action Offer Resolution Number 88-5, A resolution requesting the Shakopee City Council to consent to the levy of a special tax by the Housing and Redevelopment Authority in and for the City of Shakopee, and move its adoption. RESOLUTION NO 88-5 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 at. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as a taxing district for the prupose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVLOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Housing and Redevelopment Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $30,000 payable 1989 by the Housing and Redevlopment Authority in and for the City of Shakopee. Adopted in session of the Shakopee Housing and Redevelopment Authority of the City of Shakopee, Minnesota, held this day of 1988. Chairman ATTEST: Executive Director Approved as to form this day of 1988. City Attorney MEMO TO: John R. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Industrial Development Assistance Policy DATE: September 28, 1988 INTRODUCTION- On September 20, 1988 the Shakopee HRA reviewed the Industrial Development Assistance Program as submitted by the Community Development Commission (CDC) . At that time, the HRA made several suggestions for improving the policy. Staff has addressed the issues raised by the Council and incorporated several new provisions into the policy. BACKGROUND: On August 2, 1988 the Shakopee HRA directed the CDC to formulate a policy on industrial development incentives. On September 20th, the HRA reviewed the policy as submitted by the CDC. (See Attachment #1) In summary, the incentives offered through the proposed policy include industrial revenue bond financing assistance and tax increment financing. These two incentives may be offered to developers who meet the development criteria set forth in the policy. The level of tax increment financing to be offered shall be limited to three years of tax increment capture. Finally, the program identifies the activities eligible for financing with the tax increment financing proceeds. The CDC believes that the proposed policy will allow Shakopee to compete for development with neighboring communities. Without such a policy, they feel that very little industrial development will occur in our community until the major roadways in our area are completed. Once the highways are completed, the CDC believes that Shakopee will no longer have to offer industrial development incentives to potential businesses. On September 20th, members of the Council stated the following concerns: 1. The policy as drafted inferred automatic approval for prospects meeting the program guidelines. 2 . The development prospect should be willing to guarantee a minimum level of equity participation in the project. - - _.3.. It would be nice to require the developer to hire new employees from Shakopee's labor pool. Staff has incorporated new language into the policy to address each of the aforementioned concerns. New language added to the policy since our last meeting has been underlined for Councils convenience. In terms of concern #1, language has been added to page one of the policy reaffirming the City's authority to approve or disapprove of program applicants deemed in the best interest of the City. Concern #2 has been addressed on page two of the policy. Language has been added requiring the developer to provide a minimum of 10% owner equity into the project. The most noteworthy change to the policy relates to concern #3 . Staff has discovered that while the City cannot dictate that the developer hire their employees from the area, the City can encourage through a special agreement that the unemployed from our area be considered first for employment opportunities. The First Source Employment Participation Agreement shown in Exhibit A was adopted from the City of St. Paul's Development Assistance Program. The agreement requires the developer to utilize the Shakopee Job Service in filling new positions. It also requires the submission of quarterly reports by the developer identifying the number of new hires. The agreement also requires the developer to provide the city with an estimated hiring schedule. Language has been added to page three requiring the developer to ----- - enter into the First Source Participation Agreement. If City Council concurs with the proposed policy changes it would be appropriate to approve the Industrial Development Incentive Policy by resolution. (Resolution #2948, see attachment #2) Note that the resolution also rescinds the previous Tax Increment and IDRB policies approved by the City. A flow chart identifying the development assistance process is shown in attachment #3 . ALTERNATIVES• 1. Approve the Industrial Development Incentive Program. 2 . Amend the Industrial Development Incentive Program. 3 . Do not approve an Industrial Development Incentive Policy at this time. 4 . Table this issue pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REODESTED• Shakopee HRA Move to approve the Industrial Development Incentive Policy and recommend to City Council that they consider approving the policy. Shakopee City Council Offer Resolution #2948, a resolution approving and adopting an industrial development incentive policy related to the use of tax increment financing and industrial development revenue bond financing for qualified industrial prospect and move for its adoption. INCENTIVE I -x],:A,f 1-i CITY OF SHAKOPEE FIRST SOURCE EMPLOYMENT PARTICIPATION AGREEMENT Participating Employer: Address: Zip: Phone: Authorized Contact Person: Estimated Number of New Jobs: I. GENERAL A. The City desires to increase employment opportunities for unemployed, economically disadvantaged City residents participating in the comprehensive employment and training services provided through the Shakopee Job Service. B. Developer/Employer agrees to use the City as its primary source for recruitment, training, referral, and placement of new or replacement employees in accordance with the terms of this Agreement. C. The City's delegate agency will be the Shakopee Job Service, or any other appropriate City agency as may be designated by the Mayor. D. This Agreement becomes effective upon the date hereof and shall continue for five years from the time Employer/Developer occupies any developed facilities unless otherwise specified as provided herein or until the job creation goals- as described in the Estimated Hiring Schedule (Attachment B) are fulfilled. E. This Agreement shall be applicable to all Developer/Employer new or replacement entry level positions for which unemployed, economically disadvantaged persons might reasonably be available. This Agreement shall not apply to those jobs covered by existing collective bargaining agreements or other Developer/Employer Agreements, where the terms of this Agreement would cause Developer/Employer to breach the provisions of such agreements. F. The Developer/Employer shall incorporate this agreement in . each lease and sale agreement for space, if any, developed with public assistance, provided by or through the City of Shakopee in a manner which the space so leased or sold and the lessee or purchaser thereof shall bear a proportional share of the job placement to be accomplished under this agreement. II. RECRUITMENT A. The employment positions covered by this Agreement include all Developer/Employer job openings in the classifications, titles and qualified contained in Attachment B. B. The Developer/Employer will notify Shakopee Job Service of its need for new employees in covered positions as soon as the Developer/Employer decides to hire such employees or, if possible, fifteen (15) working days prior to the expected hiring dates. Notification will include the information in Attachment A. C. The Developer/Employer will provide the City of Shakopee with its best estimate of the number and timing of potential job openings through use of the form provided in Attachment B. D. The Developer/Employer may notify Shakopee Job Service of any vacancies not covered by this Agreement. Although the Developer/Employer is not obligated to hire employees from Shakopee job Service referrals, they must consider such individuals for hire in good faith. E. Job openings which are filled by internal promotions from the Developer/Employer's existing work force are not covered by this Agreement. III. REFERRAL A. Shakopee Job Service will refer applicants according to the qualifications requested by Developer/Employer. B. If training for specific jobs has been agreed upon between the City and Developer/Employer in a separate agreement under Section V, hereof, trainee applicants will be considered qualified only when the training is successfully completed by applicant. C. Developer/Employer reserves the right to make all decisions on hiring new or additional employees, including qualifications of applicants, but agrees to hire for covered positions from among those persons referred by Shakopee Job Service who meet the job descriptions and qualifications or other persons certified as eligible. IV. PLACEMENT A. When Developer/Employer notifies Shakopee Job Service of job openings in covered positions prior to fifteen (15) working days in advance of the proposed date to hire, Shakopee Job Service will notify the Employer five (5) working days prior to the application submission date of the number of applicants Shakopee Job Service will refer. B. If Shakopee Job Service cannot refer the total number of qualified persons, the Developer/Employer may fill the remaining positions by any means. C. Shakopee Job Service will a) provide assistance and monitor job retention of employees placed under this agreement for six months, and b) monitor Developer/Employer's performance under this Agreement. Developer/Employer will submit Quarterly Hiring Summaries in the form attached as Attachment C. D. After the Developer/Employer has hired an applicant referred by Shakopee Job Service will not be responsible for the employee's conduct and the Developer/Employer releases the City from any liability for the actions of such employees. V. TRAINING A. Shakopee Job Service and the Developer/Employer may agree in a separate agreement to develop training programs including: * On-The-Job Training Programs (OJT) * Wage subsidy programs Minnesota Employment and Economic Development Program (MEED) * Customized Training Program developed jointly between the City, Employer/Developer, and area educational institutions. VI. CONTROLLING LAWS AND AGREEMENTS A. If this Agreement conflicts with or requires Developer/Employer to breach an existing collective bargaining agreement or any other existing agreements, said agreement shall prevail. B. Developer/Employer will provide Shakopee Job Service with written evidence that Developer/Employer has provided the representative of any collective bargaining unit with a copy of the Agreement and has requested comments from said unit. Developer/Employer will provide such comments to Shakopee Job Service. PARTICIPATING EMPLOYER: By: Date• Title: By: Date: Title- CITY OF SHAKOPEE By: Date• Mayor of the City of Shakopee By: Date• -- City Administrator By: Date• City Clerk APPROVED AS TO FORM: Date: City Attorney JOB ORDER FORM Attachment A Employer Date Client Response Date (SPETC) By Job Title # of Openings Job Location Contact Person Phone Supervisor Starting Date Starting Salary $ per Benefits Days to be Worked Hours Will Union Membership be Required? Union/Local Duties of Position (may attach description) Necessary Qualifications Skill Level (include licenses and/or certificates necessary) Education Specialized Training Experience Are your employees in this position expected to provide any necessary tools in the job? Yes_ No Could a person with limited English speaking skills perform this job? Yes_ No_ Is public transportation easily accessible? Yes_ No, Does the job require shift work or other than traditional hours? Yes_ No If Yes please clarify Return To: Shakopee Job Service 203 South Lewis Street ESTIMATED HIRING SCHEDULE Attachment B City of Shakopee Employer Date Transfer From Future Job Other Immediate New Hires Titles Locations New Hires No. & Date i I QUARTERLY HIRING SUMMARY Attachment C For Quarter Ending Please list below the positions in your firm which are covered under the first Source EMployment Participation Agreement with the City of Shakopee. Also list the number of hires for each position and return this form to the City of Shakopee within ten (10) days. Additional information on hires may be attached as needed. Title of Position Total # of New Hires 1. 2. 3 . 4. 5. 6. 7. 8 . I certify that the information is true and accurate. Authorized Signature Title Participating Employer Date Please return this form to: Shakopee Job Service 203 South Lewis Street Shakopee, MN 55379 b Attachment pl CITY OF SHAKOPEE INDUSTRIAL DEVELOPMENT INCENTIVE PROGRAM Program Goals 1. To promote economic development which will increase the City's overall tax base. 2. To improve the community's economic vitality through the creation of additional jobs and support services. 3 . To assure that projects developed in the Industrial Zoning Districts are of top quality and maintained. 4 . To enhance the competitive position of Shakopee for new and expanding industry. Program Summary The proposed program will provide Industrial Development Revenue Bond (IDRB) and/or up to three years of Tax Increment Financing (TIF) assistance to qualified Industrial prospects. Qualified industrial projects (applicants) must meet or exceed the following development criteria to be eligible for program assistance. Meeting the threshold of eligibility does not mean automatic approval for the applicant Final approval of an economic development assistance package shall be made by the Shakopee Housing and Redevelopment Authority and City Council. a. The project must be located in either the I-1 or I2 zoning district. b. The project must be consistent with the City's Comprehensive Plan. c. The project must occupy a minimum land area of 5 acres. d. A 10-to-1 ratio of estimated market value increase for the amount of tax increment assistance shall be used as an approximation of the return necessary for a minimally adequate project. e. The project must generate at a minimum, 50 fulltime job equivalents. f. The project must not create an environmental hardship for the community. g. The applicant must be willing to enter into a Developer's Agreement approved by the City. h. The applicant must make application for IDRB and/or TIF assistance on forms available from the City. 1 i. The applicant should at all times retain and be assisted by qualified financial consultants and/or underwriters, and by legal counsel. j . Construction of the project shall not be commenced until the City has given preliminary approval to the application for financing. k. The City reserves the right to select a third party administrator/consultant to assist in the review and project development process. 1. The City reserves the right to consider and approve projects which substantially comply with the development criteria, as set forth in the program providing other tangertial items such as building materials, building quality, job quality, etc. exceed normal standards and have in the Council's judgement a significant positive impact on the community. M. The applicant must submit preliminary plans of the project and evidence of ability to finance the project. n. The applicant must provide security to the City to cover all costs paid by tax increment, unless the TIF plan is a $'pay as you go,, plan. o. The applicant must pay all costs of establishing the district unless the City agrees to allow costs to be generated by the district. p. Development must be of high quality with high quality building materials and landscaping as agreed between the City and the Developer. q. The City reserves the right to deny any application for financing at any stage of the precedings prior to adoption of the final approval authorizing the issuance of bonds. r. During the three year tax increment capture, the project will be responsible for paying the fiscal disparities contribution. S. The developer will provide a minimum of 10% owner equity in the prosect Content of Developers Agreement 1. Property Identification Number. 2 . Legal description of Parcel. 3. Name of developer and project description. 4. Documentation from the Scott County Assessor's office regarding the original assessed value and the projected assessed value after construction. 5. Documentation from the City indicating the amount of increment that will be made available. 6. Letter of Credit or Performance bond in the amount of the tax increment that will be pledged to the project. 7. Documented evidence of the amount of special assessments and City development fees. 2 8. Prior to closing, the Developer will present plans and specifications of the project. Also, the Developer will present evidence of ability to finance the project. 9. A clause will be included for unavoidable construction delays. 10. A statement from the developer indicating that they are an equal opportunity employer. 11. A copy of the developers Affirmative Action Plan Certificate of Compliance. 12 . A clause indicating that the developer will file job openings with the local job service and advertise for open positions in the official newspaper of the city. 13 . A clause identifying development costs that will be reimbursed to the City out of the TIF proceeds. (i.e. administrative costs, professional fees, etc. ) 14 . A clause indicating that the developer will adhere to the First Source Employment Participation Agreement (See Exhibit A) Activities Eligible for Financing with TIF Proceeds 1. Land write down (in part or in whole) 2. Cost of streets and utilities 3. Grading costs 4. Utility hook up fees 5. Demolition and relocation costs 6. City costs such as trunk utility costs, building permit fees, park dedication fees, application fees etc. 7. Extraordinary landscaping and lighting 8. Extraordinary building enhancements 9. Soil corrections Application Process 1. Applicant shall make an application for TIF usage on forms available from the City. 2. The following information may be requested by the City: a. Statement of Public Purpose b. Description of Project c. Plans and Drawings of Project d. Description of the Company e. Legal Opinions f. Investment Bank Letter of Feasibility g. Market Analysis h. Pro Forma Analysis i. Financial Statements j . Certified M.A.I. Appraisal k. Traffic Impact Analysis 1. Other Documentation As Requested By City 3 3 . City staff or the City's agent will review the data and make preliminary recommendations to the Shakopee Housing and Redevelopment Authority and City Council as to compliance of the application and proposed project with City objectives and eligibility criteria. 4. Final evaluation of the application will include, in addition to items subject to preliminary review, review of applicable credit analysis, credit enhancement and legal compliance. Formal recommendation will then be made to City Council. 5. After a review of the formal evaluation, the Shakopee Housing and Redevelopment Authority and City Council will consider final approval of the establishment of the TIF District and/or IDRB Bond sale and hold the appropriate public hearings. 6. All applications and supporting materials and documents shall become the property of the City. 4 CITY OF SHAKOPEE Application for Industrial Development Assistance 1. Business Name: 2 . Address: 3. Phone: 4 . Contact Person: Date: 5. Assistance Being Applied For: IDRB TIF 6. Location of Proposed Project: 7. Identify Legal Description: 8. What is the principal business or product of the Company? 9. How many acres will the project occupy? 10. Indicate the applicant's legal interest in the land: 11. What is the present employment of your business? 12. How many full-time employees will be employed in the business to be constructed in Shakopee? 13. Indicate the proposed date for start of construction and estimated completion date. 14. Is the company for whom the project is being proposed public or privately held. Public Private If private, who is the principal owner? 15. What is the estimated size of the proposed facility? Office: sq. ft. Assembly: sq. ft. Warehouse: sq. ft. Manufacturing: sq. ft. R & D: sq. ft. Other: sq. ft. TOTAL sq, ft. 16. What is the .estimated cost to complete the facility? a. Land Acquisistion . . . . . . . . . . . . . b. Building Construction . . c. Property Development (grading, landscaping) . d. Road Improvements . . . . . . . . . . . . . . . e. Utility Improvements. . . . . . . . . . . . . . f. Machinery and Equipment . . . g. Professional Services (Arch. , Legal, Fiscal) . h. Fees and Permits. . . . . . . . . . . . . . TOTAL 17 . What is the current Market Value of the property? 18. The City reserves the right to request financial statements and/or tax returns of the applicant for the years of operation. 19. The City reserves the right to request three bank references from the applicant. Attachment 42 RESOLUTION NO. 2948 A RESOLUTION APPROVING AND ADOPTING AN INDUSTRIAL DEVELOPMENT INCENTIVE POLICY RELATED TO THE USE OF TAX INCREMENT FINANCING AND INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING FOR QUALIFIED INDUSTRIAL PROSPECT WHEREAS, the Shakopee City Council believes the attraction of qualified industrial prospects to our community will have a positive affect on Shakopee's economic vitality; and WHEREAS, communities in the metropolitan area are actively competing for the location of quality industrial prospects to their respective community. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL that the Industrial Development Incentive Policy set forth in the attached Exhibit A are hereby made a part hereof and adopted by the Shakopee City Council effective as of the date of this resolution. BE IT FURTHER RESOLVED, that Resolution 42552 (Economic Tax Increment Financing Assistance Policy) and Resolution #2393 (Industrial Development Revenue Bond Policy) are hereby rescinded. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of , 1988 a I ski —� OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 12, 1988 Mayor Lebens called the meeting to order at 7:00 P.M. with Cncl. Clay, Wampach, Zak, and Scott present. Cncl. Vierling was absent. Also present were John K. Anderson, City Administrator, Tom Brownell, Chief of Police, Judith S. Cox, City Clerk and Dave Hutton, City Engineer. The Chief of Police addressed the Council regarding the action taken on September 6th to appoint Officer Russell Lawrence Acting Detective with his salary to remain the same. He explained that the Police Civil Service Commission and the Chief of Police have the authority to transfer a patrol officer to this type of activity, if there is a need. The transfer of Mr. Lawrence from a patrolman to a detective is not considered a promotion, but a change of duties. The union contract does require additional compensation for a detective. The City's comparable worth plan provides for additional compensation for a detective. He stated that if the City does not implement the comparable worth plan and is not in conformance with the union contract, it puts the department head in an awkward position in dealing with other items with their staff. The Chief of Police explained that he doesn't feel that there should be extra compensation above patrol for the detective position; it is just a change of duties. He negotiated with the Union that when the contract was negotiated, that the differential would not be there and that a patrol officer could be assigned to an investigative position and can be put back if there is a cause to do that. Discussion followed on: did the injury to Mr. Lawrence hurry the process of appointing someone to the detective position, if it hadn't been for the accident would Mr. Lawrence have been appointed to this position vs another patrolman being appointed; delaying an increase is not a punishment, but is giving the individual time to learn and perform; is a precedent being set; the morale in the department; and the potential legal ramifications of not increasing the salary as provided for in the union contract. The Chief of Police also advised Council that he had consulted with Labor Relations, who represents the City, and that they indicated that if in fact there were an action taken (because of not increasing Mr. Lawrence's compensation) that it would be a human rights violation. Clay/Wampach moved to reconsider the decision of September 6th appointing Officer Russell Lawrence Acting Detective with his salary to remain the same and to table it for two months. Roll Call: Ayes: Cncl. Clay and Zak Noes; Cncl. Wampach, Scott and Mayor Lebens Motion failed. Proceedings of the City Council September 12, 1988 Page -2- Clay/Lebens moved to reconsider the decision of September 6th appointing Officer Russell Lawrence Acting Detective with his salary to remain the same and to change his salary by paying him an additional $100. 00 per month. Roll Call: Ayes: Cncl. Clay and Mayor Lebens Noes: Cncl. Wampach, Scott, and Zak Motion failed. The City Administrator introduced the proposed 1989 budget highlighting: the growth in assessed valuation and population, budget format changes, overall budget increase, personnel additions, across the board salary increase, capital equipment items, building improvements, general fund activity, public improvement constructions, enterprise funds, projected revenues and the tax impact of the proposed budget. Discussion followed. Consensus of Council was to make full use of the limited levy and to use surplus debt service funds to make up the difference in needed revenue. The next budget worksession will be held on September 27, 1988. Clay/Wampach moved to appoint Judith S. Cox, Acting Administrator, from September 13th through September 18, 1988 . Motion carried unanimously. Wampach/Scott moved to adjourn to September 13 , 1988 at 8: 00 P.M. Motion carried unanimously. Wampach/Scott moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:40 P.M. Judith S. Cox, Cit Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 13 , 1988 Mayor Lebens called the meeting to order at 8: 00 p.m. with Cncl. Vierling, Clay, Zak,_ Scott and Wampach present. Also present were Dennis Kraft, Community Development Director; David Hutton, City Engineer; and Julius A. Collor II, City Attorney. Wampach/Clay moved to open the public hearing on adopting an official map for T.H. 101 Bridge and Interchange Improvements (Mini Bypass) . Motion carried unanimously. The City Engineer introduced Evan Green and Carl Hoffstedt from Mn/DOT. Also present was Jeff Stewart from the consulting firm of Howard Needles, Tammen & Bergenhoff who is working with Mn/DOT and the City in designing the Mini Bypass. The City Engineer reviewed the Amendment of the City's Thoroughfare Plan for the Mini Bypass. He said the purpose of the map is to reserve a corridor for future right-of-way. Mayor Lebens spoke saying she was totally opposed to this project. She said earlier this summer she had met with the Chief Engineer for the Federal Highway Administration, Steve Baylor, Engineer and Mr. Carl Hoffstedt from Mn/DOT. Mayor Lebens stated that she had a concern over the bypass crossing a public parking lot which, in her opinion, is against the law. She also expressed concern whether there would be enough money for the Federal Government to fund both the 169 bridge and the County Road 18 bridge. Mayor Lebens opened the Public Hearing to comments from the audience. John Leroux, 2542 Bauer Trail, presented a petition with 236 signatures, not all residents from the City but others who also work in the City of Shakopee. The petition was strongly urging the adoption of the Official Map for Trunk Highway 169 Bridge. Zak/Wampach moved to accept the petition. Motion carried unanimously. Cletus Link, 12831 Link Drive, asked about the funding of this project and who actually will be paying for it. Mayor Lebens said she understood that 80% comes from Federal Government, 208 comes from Mn/DOT. Dennis Kraft said the local share was $1.9 million coming from tax increment and the remainder will come from State and Federal sources. Shirley Garness, Shakopee Bakery, asked if this bridge was going to take the place of the County Road 18 bridge. City Council September 13 , 1988 Page -2- Fred Corrigan, 8075 E. Martindale, said the State is not involved in the Bloomington Ferry Bridge road and the Federal Government has pledged $26 million to that project. Doris Brambilla, 620 Monroe, asked how long the map will stay in effect so that nobody can build. Mr. Kraft answered that it would stay in effect until the Council took action to rescind it. The maximum amount that the City will contribute to this project is $1. 9 million coming from tax increment financing. Cletus Link asked if this was a normal pledge using tax increment money for highways. Dennis Kraft said it is not unusual for cities to assist in projects such as this. Carl Hoffstedt, Mn/DOT, said that right now the time schedule for the southerly bypass completion is 1991 - 1992 time period. Bo Spurrier, 1717 Presidential Lane, said that he feels the money coming from tax increment for this project is money well spent. There are a lot of people who are commuting and who always get stuck in traffic trying to get into Shakopee. Dr. David Eckart, 2017 Norton Avenue, had a question on the borders of the map and how it will effect his property. The City Engineer said that it does not actually touch on his property. Terry Forbord, 2103 Bridge Crossing, said he feels that for the benefit of the people who have not heard all the facts and details, it would be nice if the people from the State could give a presentation. The City Engineer said he feels that has already been done. Mayor Lebens had a concern on the new bridge closing off Levee Drive all together. She feels that Levee Drive should be used more. Cncl. Vierling said she feels that Levee Drive is not suitable for truck traffic. Carl Hoffstedt, Mn/DOT, gave a brief presentation for members of the audience who have not had an opportunity to see the data and the details of the new bridge construction. He said the project is replacing the present 101/169 bridge as it crosses the river at Holmes Street and intersects at lst Avenue. While building a new bridge the existing bridge could still be used not causing any traffic delays or detours through Shakopee. The project will go from Atwood Street on the west to east of Fillmore Street. There will be access to the downtown area of Shakopee. He said that the traffic would improve at least 29 to 30%. City Council September 13, 1988 Page -3- Lowell VanHorn, 303 E. 1st, asked when the acquisition process would begin and when it would be completed. Carl Hoffstedt answered it would start early part of next year and be completed by December 1989. Gail Anderson, Jordon, the owner of business at 133 W. 1st, asked to what degree of certainty that Federal Government will go along with--th-e--fu—n in . fir----offstedt answered he felt it would be close to 100%. She would like to see the City make up their minds as to go ahead with the plan or to drop it all together. Debbie Augustine, 1147 Harrison, asked if there was funding available to help the tenants of the buildings. Carl Hoffstedt said there will be funding to help tenants relocate. Shirley Garness said that she feels this will benefit the whole community and businesses and would like to see it all worked out. Bruce Garness said he feels that without this bridge we are sunk and tha,_____t�h 't— ____cher bridge to accommodate all the - Craffic. Eldon Reinke, 2569 Hauer Trail, said he has worked on the highway system over the past 15 to 20 years. He feels that we should take into consideration the western part of the state using our traffic corridor. It also has a detrimental effect on the downtown traffic right now. He would like to see this map adopted for this mini bypass. Wilbur Schroers, Toll Bridge, said he feels that the new bypass will take traffic away from the downtown area; and away from businesses such as his which rely on people just stopping by to see what kind of business it is. He is not in favor at this time for the bypass and feels that we should wait until the other bypass is completed since there is only a one year difference. Zak Johnson, 1244 Canterbury Road, said he would encourage the Council to adopt this official map as soon as possible. To promote commercial growth within the community one of the factors is housing and access around this community. Tim Keane, representing Transportation Coalition, said this is only one element of three important projects that as a network will serve to be a remedial measure to the congestion as well as afford a better flow of traffic in and around the community. He would recommend adoption of this plan at this time. Terry Forbord, 2103 Bridge Crossing, said he was a member of the bridge siting committee and member of the Downtown Committee in Shakopee. He said that the traffic problems are not new to this City Council September 13, 1988 Page -4- city and that this bypass bridge has been needed for so long to help solve the transportation needs within this city. He urged the City Council to make a decision now and strongly supports the adoption of the mini bypass official map. He said time will only make this project more expensive. Gary Laurent, Chairman of _. the__Downtown Comm :ttoe- - — said the We project has been well studied and worked out. We have an opportunity before us that may not come before us again for another 15 years. He said that with proper transportation then premium sites will be developed in our community. Clay/Vierling moved to close the public hearing. Roll Call: Ayes: Cncl. Vierling, Clay, Wampach, Scott, and Zak Noes: Mayor Lebens Motion carried. Wampach/Vierling moved to direct the appropriate City staff to draft an ordinance specifically for the purpose of adopting an official map for the Hwy 169 Brid-ge--and-MI-n'i-Bypass---- Roll Call: Ayes: Cncl. Clay, Vierling, Wampach, Zak and Scott Noes: Mayor Lebens Motion carried. Dennis Kraft addressed the lawsuit of Scott County Historical Society and the City of Shakopee relative to Murphy's Landing, stating that the trial has been set for September 28. He said that the City could prepare for the lawsuit or attempt to negotiate out of it. He said that when he talked to Dr. Pistulka from the Historical Society a week ago, it was his opinion that Dr. Pistulka thought the lawsuit was going to be dropped. Zak/Vierling directed Mr. Kraft to contact the Scott County Historical Society to determine the direction of the lawsuit and to direct the Assistant City Attorney to prepare for the lawsuit, if it is not being dropped. Motion carried unanimously. Clay/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:00 p.m. Judith Cox City Clerk Carol Schultz Recording Secretary as ociation of me ropol►tan muniapalities P R O M P T A C T I O N R E Q U E S T E D September 21 , 1988 Dear City Administrator/Manager: The Association of Metropolitan Municipalities and the Municipal Legislative Commission have been working for sometime with the League of Minnesota Cities Coordinating Committee discussing property tax computer analysis for 1989• The LMC has committed to developing computer analysis capability for the 1990 legislative session u a raps, ion year ,s necessary o e ao.e to reav and par ,c,pa a now a gea ly in t e 9 session. The Coordinating omm t ee as een nego eating w t e oa ,tion of Greater Minnesota Cities for development of a property tax reform proposal for 1989, a key element of which, will be retention of the principles of a Homestead Credit. Additional background data on the research elements and product are enclosed. This effort will cost approximately $185,000 for computer data update and proposal development. To raise this amount, Minneapolis, St. Paul , the Coalition of Greater Minnesota Cities, the Small City organization, and the Metro Area suburbs are being asked to make contributions. The suburbs share of funding has been targeted for between $35,000 and $50,000, which will be raised voluntarily, not through any type of mandatory assessment by either the AMM or MLC. Thus, request for financial contribution is beingmade of all suburban cities a arge ember suburban cities are being asked to commit $2 000 each to this effort. Lou, city, taking into consideration its smaller population and budget limitations is being asked to contribute what you feel is appropriate. This financial pledge is contingent upon two factors: 1 ) AMM and MLC Boards approval to proceed with this project, and 2) Sufficient funding from the suburbs to raise the required amount of dollars. It may be imperative for all cities, especially suburban cities to �D pso Pop, plkl 183 universky avenue east, st. paul, minnesota 55101 (612) 2274008 r develop a common proposal for the 1989 legislative session. Based on the 1987 and 1988 tax and school funding bills, counties and school districts are committing to a significant effort for additional funding in 1989, probably at the expense of cities. This is primarily possible because of the elimination of Homestead Credit in 1990 in favor of an aid type program. Since the suburbs are at the greatest risk if Homestead Credit is exchanged for aid, it is Dara mount that a strong effort be made to restore the Homestead Credit. The data base or information which should result from this one time effort will help assure that the professional staffs of AMM and MLC that represent the suburban cities will be on an equal footing with other city lobbyists in the state during the 1989 session. Without the availability of this information and a unified position supported by all cities, success in protecting the suburban interest is in doubt. Please, strongly consider this request with your council and reply using the enclosed pledge sheet or verbally no later than Wednesday, October 5, 1988 to the AMM Office. If you have any questions, call Vern or Roger at 227-4008. Respectfully, Gary Bastian, President Richard Wedell, President Association of Metropolitan Municipal Legislative Municipalities Commission Summary Shakopee has $4,000 budgeted for this type of activity/lobbying and we have spent less than $200. We've worked hard along with the Municipal Caucus to get the AMM and LMC to get computer capacity to do detailed analysis so we don't have to rely on Minneapolis computer analysis. I recommended we pledge $1,000. Action Requested Authorize the appropriate City officials to pledge $1,000 to the AMM to help preserve the homestead credit. ;,KA/jms I � TO: ASSOCIATION OF METROPOLITAN MUNICIPALITIES MUNICIPAL LEGISLATIVE COMMISSION 183 UNIVERSITY AVE. , EAST ST. PAUL, MINNESOTA 55101 FROM: CITY OF _ YES, OUR CITY WILL PLEDGE $ /ODO IF THIS EFFORT CONTINUES. NO, OUR CITY WILL NOT CONTRIBUTE. CITY ADMINISTRATOR/MANAGER r (� . � REGcstt•-� I SEO-' LEAGUE COORDINATING COMMITTEE • STM Q( RECOMMENDED RESEARCH PROGRAM FOR OCTOBER THROUGH JANUARY The major research tasks recommended for the League Coordinating Committee through January 15, 1989 are briefly described below. The research tasks have been organized into three major areas of research work. I. Data Base Additions and Modifications - Add data on homeowner income related to home value and tax burden, and develop analytical model for using this data in conjunction with the property tax model. - Enhance ability to do regional totals and averages, constituency group totals and averages and average impact by property type. - Add county welfare data. - Add State Auditor's data on city revenues and expenditures for 1987. - Update data base with estimated 1989 data when available from the Department of Revenue or House Research. Most recent information indicates that valuation data will become available in late October, and levy data will be available one or two months later . II. Background Research and Analysis of the 1990 Law The first major research task is the analysis of the 1990 law, including its structural features and estimated impacts on property tax burdens. This research work may include analysis of the fiscal characteristics of cities in different regions of the state, and how those characteristics play a role in determining the impact of the 1990 law. III. Research to Develop Specific Proposals for Consideration by the a islature The primary objective of this work plan is to develop two specific proposals that are acceptable to the Constituency Groups. One of the proposals would include a homestead credit and the other would not. The research involved in developing a specific proposal is difficult to describe in detail . It is generally an interactive process where alternative proposals and their impacts are described to the Committee, the Committee reacts to those proposals and provides direction for further research to refine or redirect those alternatives. Dozens or even hundreds of individual computer runs may be needed in order to design a specific proposal that is acceptable to the participants. the elements of the system that will be considered in designing a proposal may include the following: - Classifications and assessment ratios. - LGA, disparity aid, and other equalization formulas. - The homestead credit, other credits, and, in the case of the alternative proposal, transition aid payments or other programs that replace the homestead credit. - Categorical aids, such as the welfare takeover that are either in addition to or in lieu of other state-paid aids. - Fiscal disparities or tax base sharing programs. - Income adjusted property tax refunds or an income adjusted homestead credit. Extensive computer analysis is needed to assess the inter-related impact of changes to all elements of the system. It will be necessary for the Constituency Groups to focus the research effort very early in the process. without some initial policy agreements, the research effort could become unfocused and would more likely be unproductive. The research work for the first several meetings would be designed to help the members of the Committee reach a preliminary agreement on the direction that the proposals should take. The research needed to develop specific proposals may include some of the more specific research tasks already suggested_ by Committee members, assuming that the Committee agrees that these specific research tasks are needed. Some of the specific items suggested so far include: - Analysis of impact and appropriateness of using city size as a basis for distributing aids. - Elimination of split classifications; impact on tax burdens and on the distribution of aid. - Research on the design of new property tax systems that do not require or encourage mill rate buy-downs or mill rate equalization. - Research on single aid programs that could replace the multiple programs in current law. Research on modifications to 1990 law to refine aid programs and classification system. Analysis of property tax burdens by income class. Research on impact of property tax system changes on the existing education aid formula and on school district levies . - Analysis of projected school levy changes for 1990. Analysis of ways to reduce tax burden differences due to differences in tax base. These items illustrate the types of specific research that would be undertaken for the Committee. This research is consistent with the general structure of the recommended research program. The Committee would have to decide as the negotiations and meetings progress on the specific research to be done. Membership of the League Coordinating Committee would in include three members from each of the following groups: Minneapolis St. Paul Coalition of Greater Minnesota Cities Association of Metropolitan Municipalities - Municipal Legislative Commission Association of Small Cities MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Appeal of Bush Lake Industries CUP DATE: September 27, 1988 INTRODUCTION• At their meeting on September 8, 1988 the Shakopee Planning Commission approved a conditional use permit for Bush Lake Industries to construct six steel storage tanks 70' in height subject to five conditions. Bush Lake Industries has appealed the decision of the Planning Commission because they object to one of the conditions placed on the permit. BACKGROUND: -Bush Lake Industries submitted a conditional use permit application--to_ construct six raw material storage tanks which will exceed the 45' height limitation in the I-2 District. The tanks will be 70' high, constructed of steel and will store plastic styrene pellets used in their injection molding operation. The material to be stored in the tanks will be delivered by rail requiring the tanks to be in close proximity to the rail spur along the rear property line. The Planning Commission held a public hearing on the request and discussed issues relating to the setback of the tanks from the rear property line and railroad tracks and the phasing approach to construction of the tanks. The Planning Commission approved the Conditional Use Permit with the four conditions recommended by City staff and added a fifth condition which reads: "The first tanks constructed shall be the closest to the rear lot line and shall be set back from the rear property line at least as far as the existing building. The tanks shall not encroach on the existing rear yard setback. " Bush Lake Industries is appealing the decision of the Planning Commission because they are objecting to the fifth condition added by the Planning Commission. Following approval of the conditional use permit by the Planning Commission, the Planning Commission instructed City staff to review the files to determine the setback from the rear property line of the existing building, and to determine if a variance was ever granted for the setback of the building. Staff has reviewed the files and determined that the building is constructed 20' from the rear property line instead of the required 30' setback. Staff has also determined that a variance was never granted for the setback of the building. The staff did not determine this prior to the Planning Commission because the drawings submitted with the application showed the tanks setback even with the building and the setback of the building was not indicated on the plan, staff assumed the setback was correct. After reviewing this information, and consulting with the City Attorney, staff has determined that the required setback for the storage tanks from the rear property line is 30' and that the _ storage tanks can not be constructed closer to the rear property line unless a variance is granted. City Code allows a 0' setback from railroad tracks along a side yard, but does not contain the same requirement for rear lot lines. For further background on this item please refer to the following attached information: (1) letter of appeal from Bush Lake Industries, (2) minutes from the September 8, 1988 Planning Commission meeting, (3) staff report to the Planning Commission dated August 30, 1988, (4) a map showing the location of Bush Lake Industries within the City, (5) copy of photograph of storage tanks similar to those to be installed by Bush Lake Industries, and (6) site plan showing proposed location of the storage tanks. ALTERNATIVES: 1. The City Council can offer and pass resolution #541 approving the conditional use permit with the conditions as approved by the Planning Commission adding the additional requirement that the storage tanks must either be 30' from the rear property line or the applicant must receive a variance. 2. The City Council can offer and pass resolution #541 approving the conditional use permit containing the four conditions recommended by City staff and adding a fifth condition that the approval is only for the first two storage tanks to be installed and that they must be placed at least 30' from the rear property line. 3. The City Council can offer and pass resolution #541 denying the conditional use permit to construct the storage tanks. RECOMMENDATION: Staff recommends alternative #2. The staff is recommending this alternative because it will give the applicant the approval to construct the first two tanks which they hope to construct at this time and will allow their project to move ahead. When they are ready to construct additional storage tanks they will have to come back in with a revised plan and receive an additional conditional use permit for those and if necessary apply for a variance at that time. ACTION REOUESTED: Offer and pass resolution #541 either approving or denying the conditional use permit for Bush Lake Industries as outlined in either alternative #1, #2, or #3 above. CITY-UZ`SHAKOPEE--._ " 16 CONDITIONAL USE PERMIT RESOLUTION OF THE CITY COUNCIL NO. CC- 541 WHEREAS , Bush Lake Industries having duly filed an application for a Conditional Use Permitdated 8-16-88 under the provisions of the Shakopee Zoning Ordinance, Section 11. 33, Subd. 3C , as follows : CUP to install storage tanks in excess of 45 ' in height (70' ) . in a 1-2 zoned area ; and WHEREAS , the property upon which the request is being made is described as : 4571 Valley Industrial Blvd. and WHEREAS, said proposed Conditional Use Permit request was approved by the Shakopee Planning Commission of the City of Shakopee , Minnesota at their meeting held Sept. 8 , 1988 and said Conditional Use Permit decision is herewith being appealed to the City Council ; and WHEREAS, the Shakopee City Council on Oct. 4, 1988 held a public hearing on the appeal from the decision of the Planning Commission NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that upon hearing the advice and recommendations of the Shakopee Planning Commission and upon considering the suggestions made by the applicant and the suggestions and objections raised by the affected property owners , within a radius of 350 feet thereof, in public hearings duly held by the Shakopee Planning Commission and the Shakopee City Council , that the aforementioned Conditional Use Permit be and is hereby pursuant to the following: BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Sec. 11.04, Subd . 6C-12 , if an approved Conditional Use Permit is not utilized within one year from date herein approved or by Oct. 4 , , 19 88 it shall become null and void. Adopted in regular session of the City Council of the City of Shakopee , Minnesota held this 4th day of Oct. 19 88 Mayor of the City of Shakopee cmTrcm. LAN 1�EMPAK COMPANY September 14, 1988 � \ City of Shakopee �\\� 129 E. 1st Avenue Shakopee, MN 55379 Attn: Doug wise - - --- Reference: Conditional Use Permit - Resolution # 541 Dear Doug: This letter shall be considered an appeal of two conditions placed on the permit by the Planning Commission on the above Resolution. A condition that the concrete foundation not extend beyond the north wall of the building seem to be unreasonable since the proposed foundation will be flush with the ground surface. The size of the foundation is determined by the soils and the loading so it cannot be changed. The only way to comply with this condition would be to move the electrical transformer which would be a costly solution. A condition that the northern tanks be installed first is not acceptable because this area will be needed for maneuvering and access to the rail cars until the 3rd or 4th are installed. Thank you for your consideration. Sincerely, a� - •_• _. paury i...M1.o-.+ Ph.a c c..d-�..�. Vb cca-ro .n� � 6 Shakopee Planning Commission September 8, 1988 Regular Session Page -3- 3. No more than 185 RV's be stored on the site and they must be placed on the pads as shown on the site plan submitted with the application. 4 . There be no storage on the park for a period beginning three weeks prior to the opening of the race tracks and continue through three weeks after the closing. Motion died for lack of second. Discussion was held on the condition basing closure on a proposed race track season. Czaja/Forbord moved to continue the public hearing to September 22 , 1988 to give staff time to research language to provide a definite break between the summer tourists and winter storage and to provide information on: a) Creation of turnover during summer months; b) Landscaping issues; c) Code enforcement; and d) Storage security during the winter months. Motion carried with Comm. Schmitt abstaining. CONDITIONAL USE PERMIT FOR CONSTRUCTION OF STORAGE TANKS - BUSH LAKE INDUSTRIES: Czaja/Allen moved to open the public hearing on a request for a conditional use permit to construct storage tanks in excess of 45 feet in height upon the property located at 4571 Valley Industrial Blvd. Motion carried. City Planner stated that Bush Lake Industries has submitted a conditional use permit application to construct six raw material storage tanks which will exceed the 45' height limitation in the I-2 Zone. Dave Polstead, representative, was present for discussion. Questions were asked of the representative relative to proximity of the proposed tanks and the railroad tracks and railroad approval. There were no other comments from the audience. Forbord/Allen moved to close the public hearing. Motion carried. Forbord/Allen moved to approve Conditional Use Permit Resolution No. 541, allowing Bush Lake Industries to construct six storage tanks up to 70 feet in height subject to the following conditions: 1. The tanks must be painted to match the existing plant. I Shakopee Planning Commission September 8 , 1988 Regular Session Page -4- 2 . A sign permit must be secured before any signage is placed on the tanks. 3 . All State and applicable permits must be placed on file at City Hall. 4 . Copy of data safety sheets on products to be stored in tanks must be placed on file at City Hall. Discussion was once again held on the location of the tanks to the railroad facility. �. Forbord/Allen withdrew their motion. Schmitt/Allen moved to approve Conditional Use Permit Resolution No. 541, allowing Bush Lake Industries to construct six storage tanks up to 70 feet in height subject to the following conditions: 1. The tanks must be paimted to match the existing plant. 2. A sign permit must be secured before any signage is placed on the tanks. 3 . All State and applicable permits must be placed on file at City Hall. 4 . Copy of data safety sheets on products to be stored in tanks must be placed on file at City Hall. 5. First tanks be constructed to the rear and be no further back than the East/West rear building line and site be so constructed as to provide for no encroachment to the north of the East/West building line. Motion carried with Comm. Forbord abstaining. Czaja/Schmitt moved for a 5-minute recess at 11: 50 P.M. Motion carried. Czaja/Schmitt moved to reconvene at 11:55 P.M. Motion carried. AMENDMENT TO CImy CODE, SEC. 11. 03 SUBD, 7I: Discussion was held on a recommendation to the City Council to amend Sec. 11. 03 , Subd. 7I, of the Shakopee City Code to allow the City to issue building permits to property that does not abut a public right-of-way. A representative from Shiely Mining was present and stated she had no concerns with the ordinance as proposed. `o MEMO TO: Shakopee Planning Commission FROM: Douglas K. Wise, City Planner RE: Bush Lake Industries CUP Request DATE: August 30, 1988 INTRODUCTION• Bush Lake Industries has submitted a Conditional Use Permit application to construct four raw material storage tanks which will exceed the 45' height limitation in the I-2 District. The tanks will be 70' high, constructed of steel and will store plastic styrene pellets used in their injection molding operation. APPLICABLE PROVISIONS: Section 11.33, Subd. 3 C CONSIDERATIONS• 1. The applicant has informed staff that because of the location of the railroad tracks and the process by which the material is blown into the main facility the location and size options are limited. The materials to be stored in the tanks will be delivered by train. 2. The structures will be constructed of metal and painted to match the existing facility. The City Code prohibits metal siding on the face of buildings, these tanks are not considered buildings according to the City Code definition. 3 . Appropriate State permits will have to be secured before the placement of these tanks on this property. FINDINGS• _ crltaria 41 _ That,the Conditional use will not be injurious to the use and -enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Finding #1 Staff has received no evidence that the use will be injurious to other properties in the vicinity or substantially diminish or impair property values in the area. Criteria #2 That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. Finding #2 Other businesses in the vicinity utilize storage tanks in their operations. Normal and orderly development will continue to occur whether or not the tanks are constructed. Criteria #3 That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. Finding #3 Adequate utilities, access roads and drainage are currently provided. All necessary emergency precautions will be addressed in securing of a permit from State agencies. Criteria #4 That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Finding #4 The proposed use will not increase the demand for off-street parking. Criteria #5 That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Finding #5 Adequate measures will be taken to control fumes, dust & noise in the transfer operation from the rail cars to the tanks and from the tanks to the buildings. Criteria #6 The use, in the opinion of the Council, is reasonably related to the overall needs of the City and to the existing land use. Finding #6 The use will allow an existing permitted use to realize cost savings by storing needed raw materials on site. — — - Criteria #7 The use is consistent with the purposes of the zoning code and the purposed of the zoning district in which the applicant intends to located the proposed use. Finding #7 The use is consistent with the purpose of the zoning code and the zoning ordinance. Criteria #8 The use is not in conflict with the Comprehensive Plan of the City. Finding #8 The Comprehensive Plan shows this area as being industrial in nature into the future. Criteria #9 The use will not cause traffic hazard or congestion. Finding #9 The use will not put additional demand on the existing transportation system. Crit—it - #10 Existing businesses nearby will not be adversely a €,ect_ed because of curtailment of customer trade brought about- ,by intrusion of noise, glare or general unsightliness. Finding 410 Staff has received no evidence that the use will adversely affect nearby businesses. STAFF RECOMMENDATION: Staff recommends Conditional Use permit Resolution # 541 allowing Bush Lake Industries to construct four storage tanks up to 70' in height subject to the following conditions: 1. The tanks must be painted to match the existing plant. -2 A- ,sign_peemit must be secured before any signage is placed on the tanks: 3. All State and applicable permits must be placed on file at City Hall. 4. Copy of data safety sheets on products to be stored in tanks must be placed on file at City Hall. ACTION REOUESTED: Move and approve Conditional Use permit Resolution #541 according to staff recommendation. M1 W I i I Qp C _ _ I I II ' / to I NJn �\^ rvE• v�A =A3O I '� Btvp 6q�tX VALLEY WPN I __ 'I jl fc � �,- ,� CoA co• I ✓i!✓sfii 350 �CP L- k Ile, - � I NG /I ;-o7 'A5� MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Ordinance #253 Amending City Code to Allow the Issuance Building Permits on Property Not Abutting Public Right- of-way DATE: September 30, 1988 INTRODUCTION: At their meeting on September 22, 1988 the Shakopee Planning Commission approved a motion recommending to the City Coucnil that Code Sections 11. 03, Subd. 7 I and City Code Section 11. 60, Subd. 19 be amended. Ordinance #253 providing for the amendments as recommended by the City Planning Commission is attached. BACKGROUND: In October of 1987 the Board of Adjustment and Appeals determined that a provision contained in the City Code stating: "No permit shall be issued to any lot or parcel that does not abut a dedicated public street" has created problems for certain property within the City. Prior to that time the City had not been consistent in enforcing this provision of the Code. At their meeting on October 8, 1987 the Board of Adjustment and Appeals passed a motion requesting the City Council to review and propose a course of action in dealing with private roadways within the City of -Shakopee. The Council at their meeting on October 20, 1987 passed a motion directing the Planning Commission to hold a public hearing on an amendment to City Code Section 11. 03 , Subd. 7.I. which would allow issuance of building permits on private roadways. Since that time the Planning Commission has been discussing various options realating to the issuance of building permits for property which does not abut public roadways. The Planning Commission's discussions have focused on retaining the need to control building on private roadways in order to insure proper and safe access to these properties. However, the Planning Commission feels certain exceptions are justified. One exception recommended by the Planning Commission is for permits issued to maintain or make basic improvements to a building as long as it does not increase the size of the building. Second, exceptions will allow permits to be issued on private roadways within approved planned unit developments and on private roadways serving property subdivided prior to the City's current subdivision ordinance when road maintenance and upgrading of the roadways are approved by the City Council. These requirements are contained in the recommendation for the amendment to Section 11.60, Subd. 19 regarding the requirements for access drives and access. The Planning Commission has conducted a public hearing on the proposed amendments and at their meeting on September 22nd passed a motion recommending the Council amend these sections of the ordinance. PLANNING COMMISSION RECOMMENDATION: The Planning Commission at their meeting on September 22, 1988 recommended that City Code Section 11.03, Subd. 7 I and City Code Section 11. 60, Subd. 19 be amended to read as follows: Section 11. 03, Subd. I: I. No building permits for a new principal structure or addition to a principal structure shall be issued for any lot or parcel which does not abut a dedicated public street except under the following conditions: 1. Properties located within an approved Planned Unit Development where the streets are constructed and maintained by the Planned Unit Development Association. 2 . Parcels of property being accessed by a private road or drive-way easement when the individual parcels being served were parcels of record prior to the enactment of City Code Chapter 12 (May 7, 1981) . Access drives and roads serving these parcels must comply with the requirements contained in Section 11.60, Subd. 19 entitled "Access Drives and Access" . Section 11.60, Subd. 19 A. Shall be amended by adding $9 as follows: 9. Private roadways serving more than two parcels of property may be approved by the City Council. The City Council in approving said roadways shall require the following: a. A property owners association or maintenance agreement for the road must be executed granting the responsible party for maintaining the road and the right to assess all properties benefitting from the roadway for the cost of maintenance. The agreement shall also grant the City the right to enter and maintain the roadway when it deems necessary to maintain safe access and charge the cost of such maintenance back to the entity or property owners. b. In approving the roadway, if the City Council based upon current Mn DOT and/or AASHTO minimum street standards determines that the roadway must be upgraded to insure proper and safe access, the homeowners association or property owners will be required to execute a developers agreement with the City of Shakopee for improvement of the roadway. The Council may stipulate in the developers agreement that the road must be dedicated to the City as a public street when a certain level of traffic volume and/or development occurs on the roadway. ALTERNATIVES• 1. The City Council can offer and pass Ordinance #253 amending Sections 11.03, Subd. 7 and 11.60, Subd. 19 as drafted. 2 . The City Council can offer and pass Ordinance #253 amending Sections 11. 03, Subd. 7 and 11.60, Subd. 19 changing the wording in the ordinance attached. 3. The City Council after discussing the proposed ordinance can direct staff to make additional changes to Ordinance #253 or provide additional information prior to the City Council taking action. 4. The City Council could pass a motion not approving Ordinance #253 and not amend City Code Section 11.03, Subd. 7. ACTION REOUESTED: offer and pass Ordinance #253 amending City Code Sections 11. 03, Subd. 7 and 11.60, Subd. 19 as drafted. ORDINANCE NO. 253 FOURTH SERIES An Ordinance of the City of Shakopee, Minnesota, amending the Shakopee City Code, Chapter 11, entitled "Land Use Regulation - (Zoning)" by Repealing Subd 7H and I of Section 11.03; by Adopting a New Subd H; and by adding a new 09 to Subd 19A of 11.60; by Adopting by Reference Shakopee City Code, Chapter 1 and Section 11.99, which Among Other Things Contain Penalty Provisions. THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: REPEAL Shakopee City Code Section 11.03 Subd 7H and I is repealed. SECTION II: NEW SECTION 11.03 Subd H enacted H. No building permits for a new principal structure or addition to a principal structure shall be issued for any lot or parcel which does not abut a dedicated public street except under the following conditions: 1. Properties located within a Planned Unit Development where the streets are constructed and maintained by the Planned Unit Development Association. 2. Parcels of property being accessed by a private road or drive-way easement when the individual parcels being served were parcels of record prior to the enactment of CityCode Chapter 12 (May 7, 1981) . Access drives and roads serving these parcels must comply with the requirements contained in Section 11.60, Subd 19 entitled "Access Drives and Access." SECTION III: NEW N0.9 TO SURD 19A OF SECTION 11.60 ENACTED 9. Private roadways serving more than two parcels of property may be approved by the City Council. The City Council in approving said roadways shall require the following: a. A property owners association or maintenance agreement for the road must be executed granting the responsible party for maintaining the road the right to assess all properties benefitting from the roadway for the cost of maintenance. The agreement shall also grant the City the right to enter and maintain the roadway when it deems necesary to maintain safe access and charge the cost of such maintenance back to the entity or property owners. b. In approving the roadway, if the City Council based upon current Mn DOT and/or AASHTO minimum street standards determines that the roadway must be upgraNded to insure proper and safe access, the homeowners association or property owners will be required to execute a developers agreement with the City of Shakopee for the improvement of the roadway. The Council may stipulate in the developers agreement that the road at be dedicated to the City as a public street when a certain level of traffic volume and/or development occurs on the roadway. SECTION IV: GENERAL PROVISIONS ADOPTED Shakopee City Code, Chapter I, entitled " General Provisions and Definitions applicable to the entire City Code including penalty for violations" and Section 11.99 entitled "Violations a misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION V: 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 1988. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 28th day of September, 1988. City Attorney / 2 CL, MEMO TO: John K. Anderson, City Administrator FROM: Dave Hutton, City Engineer Y SUBJECT: Al DuBois Letter DATE: September 28, 1988 INTRODUCTION: Attached is a letter from Mr . Al DuBois of 1982 Davis Court regarding the Austin Street vacation. BACKGROUND: on July 14 , 1987 the City Council passed Resolution No. 2733 vacating Austin Street from Davis Court south. This vacation was by the action of the City, not by petition of abutting property owners. Mr. James Hauer had originally attempted to submit a petition until the City Council decided to pursue the vacation on its own. As part of the vacation process, the City signed an agreement with James Hauer for removing the street, curb and gutter, storm sewers and restoring the area with topsoil and seed. Attachment B is a copy of that agreement. Per the agreement, all work was to have been completed by August 30, 1987 . The City agreed to pay Mr. Hauer $4 ,957 .00 to complete the work as outlined in the agreement. In July, 1987 , Mr . DuBois and Mr . Hauer signed an agreement (Attachment C) that covered the following items : a. Mr. Hauer agreed to complete all work by August 30 , 1987 . There would be no expense to Mr. DuBois for any of the work done. b. Mr . Hauer agreed to relocate several existing trees, regrade the street and essentially complete all items covered in the City' s agreement with Mr. Hauer. C. Mr. DuBois agreed to execute a quit claim deed giving Mr. Hauer the easterly 15 feet of the land Mr. DuBois would obtain by the vacation. Mr. Hauer needs the 15 feet to achieve adequate setbacks for the house that has since been constructed and occupied. The majority of the work has been completed , except for the restoration ( topsoil , final grading , and seeding ) . The Engineering Department has not yet accepted the work and have notified Mr. Hauer several times that the restoration is i unacceptable to the City. ' Staff has not yet paid Mr. Hauer any of the $4 ,957 .00 that was agreed to because the project has not been completed to our satisfaction. Mr. Hauer has since sold the house that was constructed on the west side of the vacated street. This house is still in violation of the setback requirements because Mr. DuBois has not deeded over to Mr. Hauer the easterly 15 feet of the right-of- way he obtained by the vacation of Austin Street. Mr . DuBois will not deed this land over until Mr. Hauer restores everything to his satisfaction, including the relocation of several trees. Mr. DuBois has now taken it upon himself to restore his property by hiring a contractor. Attachment D is a bill from Trio Nursery for $ 1 , 463 .33 which includes grading , topsoil , seeding and installing 3 new trees. Mr. DuBois has now submitted this bill to the City for payment. Staff has indicated that this cannot be paid mainly because part of the bill ( tree planting) was not included in the City' s agreement with Mr. Hauer and also that if ' the City were to pay that bill and deduct if from Mr . Hauer ' s payment, the City may still be obligated to pay Mr. Hauer for the restoration per our contractual agreement with him. Mr. DuBois is now requesting that the City Council intervene on his behalf in this matter. It is over one year past the deadline that Mr. Hauer agreed to for completing the work. ALTERNATIVES: 1 . Pay Mr. DuBois the total amount he requested per his invoice from Trio Nursery ($1 ,463 .33) and deduct that amount from Mr. Hauer' s payment. 2 . Pay Mr . DuBois the amount he is requesting, excluding the trees, and deduct that amount from Mr. Hauer' s payment. This would pay Mr. DuBois for topsoil and seeding, which the City had agreed to pay Mr. Hauer for. It would be up to Mr. DuBois to collect the money for the tree installation from Mr. Hauer. 3 . Inform Mr. Hauer that he will not be paid any money until he obtains the quit claim deed from Mr. DuBois for the easterly 15 feet of his property . It would be up to Mr. DuBois to obtain his money from Mr. Hauer for the work Trio Nursery did. 4. Do Nothing. RECOMMENDATION: The City. Attorney has advised against Alternative No. 1 because the City did not enter into any agreement with Mr. Hauer for the installation of trees. Alternative No. 2 is certainly one viable option but it still does not satisfy Mr. DuBois completely as far as getting his bill paid nor does it assist Mr. Hauer in obtaining the additional 15 feet of land . Based on the City Attorney' s advice staff recommends Alternative No. 3 to instruct Mr. Hauer that the City will continue to withhold any payments to him until he resolves all of Mr. DuBois concerns and obtains a quick claim deed from Mr. DuBois. ACTION REQUESTED: Discuss the overall situation and direct staff to take whatever action council desires. DH/pmp DUBOIS i ATTACHMENT A Ir SeDtenber . lie: Cir of Shakopee ..- Office - venue = trate, : 2? East`1 =_ .-Aveue ehaKope . Minnesota. 53?? Altert, Du she. _- _ _ , RE: Au=_ ti r, St, _ 6'aCaticn Attached you will find a billL -1 .4 3.33. This bill is focfrom Tris Tre Service in =ne =3 ,,1 n> __ work perScrmedeor,e _ - -- - AIJSi- in �-e - lh- vacazec -or : ; _ general cCon? e.c:or akopee ' - -lis pr ojwC Mr . oonpl ?`,ed this work On or bef or - .,r James Haueras to have mann c. _ _ _ 1q=-. tt assi ons Havl - ied d?t atl - Oe this work - on it o,+- year , q hay _ dont . and thF contra eine in I would b_- a- - wor V. Con? by -ria Tree Service to have yra_ _ seeded prior to, winter .- _ _ _ so To suppc. , my Clair -_ ave aware o•f . and will a. to several ?to k l ynq are - try _umrzlari __ wha, took Placa . In April cf 1n, _ - ` would into, lames Hau?r Contac . m- by telephone ., e : - Aus` in ^His-re si cni rlG - petition ,v vacate that p-r' 1 _ �' _ ascn bein .r - - on _ .. and wan `-?de moot G `h he owned or_oer =y to he Ea- Called _ a house on the slat, ` rfor set backs he caul ; not meet but }h,a� it einC a Corner. l ,ct him needed more " _ tree `. theca i -lr mare information on this but - taiK tG him about it , He n ."a - IcwouIc wit l ing ` -o ?ver eot bark toLme . lr. I >-_ April . i was notified by the pu blirehearir ' on the va- cit tha . there wae. t_ be - Ic riuestion h - hear i no since MSS _ 3�1 ustin ". Ge I Calledncit aha.l majority cf the owners land abu`,ti -ells. for "or, petition ant t• a had never s.ir- rine ;:. _? to be vaC_-eC hauer`ha C _ _n- _ a Petition . . -was then inf- _ cr.taC ,a nC n' retard . _rnev^a _h , .. turn had - , ere , - - the ' r'O his Pro _ 'ed petition , and . a. al l owe by aw . g?a_ i o 11 'would pursue vaca?ion or: its own r.�oti•n� -Dtion of Jocint th, _ n- r mind. .' a- M:- , Hauer sti „ h>„ ^eu rope channel _ the Channel - rat �.•an al : on Cf the - - . art an _ . , ".1_ hearin._ my, pnsi `.. i en .',- . �_a irn _; was A , C pace - At this hearing , the City Administrator took the position that there should be ' Cossharing t shibetween Hauer , the city, and myself . Opposed this. and the admin is ^.. ator was assioned by council to 'i necotiate an aoreenent. betweenus and brine it back to council . ',yen had to retain an attorney to protect my interest=s.. i The starting anticipated costs of this work as provided by the c , was to be about x8,000 .00 with each payino one-third or about :00 .00 each . Once it was established that there should be no cost e in this matter , the amount of the project was seemingly dropped to $5,000 .00 , .;Imes . eauai to the amount that would have been my , share had I been included in the project: - Exhibit .,. - Original e_' e ane revised _ _timate . Exhibit # - May lg. -:;'8? . _ . ter to the city from my attorne: ha screlld procedures and agreements. The letter states there will be no cost allocation to me . In the next ear;_ -oh it states Hauer will Deorm the torat. ion v.:.grk a, Exhibit n3 - 23 June 1987 letter from the city to Mr . Hauer - -_ the cit, attorney assisted in the draftinq of said document- and again names the city a- part of this_ arranoement . also sue _ ss- - come - tion dat_ of 1 July . 1987, which was later moved ;o 30 Audu=_ , . . 5'.7 . -::M bit a- - 14 July 1987 City Pesolutinr, -. 1vacatl _ Austin S`.re by act of the city, not by pe ti ti dn . E. hit , t #-. - 20 July, ! 9S'7 letter from my attorney advising t. th= the city and Mr . Hauer will be commencing_ with improvements and re = ._.rats --h . Exhibit #6 - 8 July , 1987 copy of acreement between the city' s ceneral cont, ac . or Mr . Hauer , and myself spelling out restoration requirements . - Exhibit R7 - ! 3 July. 1987 letter from m , y attorney to the city. - ; addrea-ses execution of city of Shakooee,'James Haus- Agreementand perfo, na.nce of construeticn and restoration oblie- tions. Exhibit - ! 7 February 15'67 letter from 'the city to my altorney _Gracing res`..orat. ic„ w,-r.: still not being_ completed. We area . this ime c months over _ _nt.. ac . date . Ex:^, iz qq - let- _, frcun Cit.' Eno_ iri-a r_ arc rawi , __ - _ slow thatc _� _< vacated a has m=oo i _ s . rte = c_. ail tuT s. - sect 1 , � i _a- . n_ that tnarz is c value TS this tic :e Cc F-c.- marl inn. _ _ es, __ da _ ,_ _m . 'a ..net , 5'i . .c :, . r -mt __ pa9a 3 contractcr fo complete .he work . They gener%I '. , Sympathize with m:: predicamen but were not able for whatever reason to get it r_one . _ i have over the , ear t _l .ed to Mr . Hauer in an^e4-ort to .. . . e work done , tc no avail . He did do some minor^ dirt work , an very g rouh grading with a back hos , and threw some =_ ed down . However , the grading was not up to standard , and the seeds all grew intor weed=. with huGe amounts _t large dirt clumps. and rocks. Mr RayPuska Engineering was askec to look at the work performed for his evaluation , and agreed that it was not even close to to thac=septabie_'e It is aPParent by e cost of the work done by Trio Tree ervica the lot was not near completion . 1 in my last dealings with Engiocsring I submit ..ci a cost estimate background data in an _ , for to se'. , _nis with them . indicated that they are unable to sa the bill. I su r1ifled . request was that they pay the bill out or funds--the - - on Mr . Hauer for work he did unser that 2 . y are wi }h-n o.l d:nth portion g. t? sac:tome,�t v,_--- the ci t/. 1 was informed that i might have _ this court- obtain settlement . , now am asking ror council intervention . _ -a.. _ alrezcx expended over 00 .00 in .,torn _ 's tae 's in an a,_ _ ° a :. 'ter }s: protect m%sal - . I -m reluctant to spend any more , but. am „ o-F`no return on this matter . The entire projectVwas -From ince-. � ic, one . f _ ror the ^ � , _ o Hauer , he further even got }o make money . doing the work requite by the city _ vacate the t , gad }> street . i __ n_.. want to draw any conciusions on this issue , and only ask, that. the^ city abide by its agreement that this not cost me an/ money . Sincerely , Du Er. cc : Mayer Lebens Counsiipersen Scott Councilperson Wampach Councilperson Vierting l Councilperson Clay Councilperson Zak William Platt - . Attorney at Law ATTACHMENT B AGFE=.....0 WHEREAS, Ar. Agreement has been made between the Cit$ 0_f Shakopee and James Fauer and others relative to the vacation of part 0`_ Austin Street ant Reseiution 2733 vacating Austin Street south of Davis Court w_11 be adoptee and as a result thereof this Agreement is made and entered into by and 'between the Cit' of Shakopee, party of the first part,and James Hauer, parte of the Second part, as IN CONSIDERATION of good anc valuable reciprocal promises,receipt and sufficiency of which both acknowledge, James Hauer, Party of the second part, as soon as may be, will furnish all materials and perform or will sub contract with others to perform and accomplish the following: Remove 202 linear feet of curb Remove 500 souare yards of pavement and base Restore topsoil and seed 0.20 _acre install one bulkhead Install 78 line feet--of curb and gutter Ali of said work to be done and performed in a good workmanlike manner and to be paid for in due course according to the schedule hereto attached, marked Exhibit and incorporated herein. The City of Shakopee, party of the first part, will perform and do or cause to be done the following: Remove one catch basin Remove 8 linear feet of 12 inch reinforced concrete pipe Install one basin Furnish and lay 16 ton of bituminous patching Will remove and replace CB Casting with MH casting Adjust G. P. Boxes IT IS MUTUALLY AGREED That all work will be done pursuant hereto and must be i r completed by both parties by the day of ,,;nl,. 1987,uniess this date is adjusted by mutual agreement. Za, of Shakopee nas c r.._= --._ �e signed in its beha" - - Adr.iaiec_ator and City Cierk and _la-,_.- caner 1,... Screunro a=`fixed his hand this ��, day of v 1< i9S. ;rte' THE CITY OF SHAKOPEE Citi' Administrator \_Bv Cir, Clerk James Hauer I pvr 'T-,-M 0Ni7c C:0 . ._ . . 00 r,ec ove E�_ F. __. :io nereve Curb - - - - .__kemnYe Faveaea( r. Base 500 S. SG 00 5 Install Lr Catch Basin 1 rA, S„ iii 5700. (m `1 ,20 O. C0 c .I` nCi h,/A 7 'lass 5 N/A Use 5alvaoed Cl . 5 _8_.2?21 =_ .. "ratCii nc SSC. 00 $801C. 00 9 nes.nration (iopscil & 5eedl 0.2 Acre .i ,000. Co s,,000.00 $B00.00 10 install 110 Imnad 1 Ems. S5i'.On il N&R CA Castinc w/NH 1 EA. By C Forces ' Cacti no ' __ AOJusc G. V. box 2 EA. _ ins;a2 Cu;o .. 6u.:eL.F. . 0(, i ;B L : _. 54.79 S-146. 00 i I sq , 807. 00 F7. 111BIT A i I ATTACHMENT C [' AGREEMENT f _...s AGREEMENT, is made and entered ..-s day of _u_y, _c87 , by and between Albert A. DuBois and Lorrle M. DuBois, husband and wife, herea^ter "DuBois", and James Hauer, hereafter "Hauer" . WITNESSETH THE FOLLOWING RECITALS: WHEREAS, DuBois are the ownS;!�- Zot 34 . stock 2 ,;_t 2nc Addition, a duly recorded plat in the City of Shakopee , Scott County, Minnesota, and WHEREAS, Hauer is the owner of Lot 5 , clock I, Hauers 2nd (L Addition, a duly recorded plat in the City of Shakopee, Scott County, Minnesota, and WHEREAS, Austin Street, a city street dedicated to the public in the plat or .-EJ 2nd Add-ton Les between the Droperties or DuBois and Hauer as above descr'i'bed, and WHEREAS, the City or ShakoDee believes that the following descibed portion of Austin Street serves no nublic purpose and that it is in the best interests of the City of' vacate said described porticn; pursuant to proceedings under Minn. Stat 0412 .851, to-w'_t : That Dart cf Austin Street, dedicated to the Public in the plat of 2nd Addition lying Southerly of e line extending _rom the Northeast corner of Lot 34 , Block 2, JEJ 2nd Acditicn to the Northwest corner of Lot 5 , clock I, Hauers 2nd Addition, and WHEREAS, The des'-Te of the City of Shakopee to vacate said Portion or Austin Street is contingent upon certain improvements being made to said proterty to be vacated and to adjoining ut:=ties and that tae C_ty maintain certain easement rights pursuant to B'._rp. Stat. 41"00.2 a 9; -- as set forth, (-) ''-n attached Exhibit A, constituting a proposed Agreement betweenn Hauer and said C_ty re--a-'-ng to the improvements, and ( e') in j attached Exhibit B, constituting the pr000sed Resolu-ion of tne City causing said vacation, and .� I �-a- 'vH�REAS, DuBois and Hauer believe -s to be in the_- resoeCtive 'Jest interests that said Vacation occur upon the terms and conditions of said Exhibits A h B, and hereby desire to document their agreement as to the rights and obligations between themselves to effectuate said vacation proceeding. NOW, THEREFORE, in consideration ofh t e following recitals an-- the mutual promises, covenants and undertakings as hereafter set forth, the parties agree as follows : _. Hauer shall, within ten (10) days after the execution hereof, enter into that certain Agreement with the City of Shakooee attached hereto as Exhibit A, the terms of which a re deemed to be a part hired. Hauer sha'-1 agree therein to compete said improvements on or before the So day of 101,c 1987 and designates and appoints DuBois as third Darty beneficiaries o: the mutual ccl_ga:ions of she parties thereto with all rights of enforcement associated therewith. 2 . Hauer sha'l'l further cause she following improvements to be performed in a good and workmanlike manner and within said time period upon thportion of Austin Street t„ be vacated, to- wit . I (a' Ttee removal of the existing barricades from that part of the street to be vacated; (b) The relocation of the trees presently located or, the South end of that part of the dedicated street that is actually used and surfaced to a location within the vacated street as selected by DuBois. ( c) The re-grading and sloping of that part or the street to be vacated 'lying Southerly and adjacent to the surfaced portion thereof in a manner and grade consistent with the existing grade on that Dart or Hauer's property lying adjacent thereto. -2 The do__aat_' cns of Hauer as hereinbefore set forth are expressly contingent n ( -) the execution of the Agreement attached as Exhibit A -cy the City of Shakopee; and (2 ) vacation of said street ny_ the City of Shakooee in accordance with the proposed -.eso_ction attached as Exhibit B. L UDon f.._. Compliance with the Obligations of Hauer, and the vacation of Austin Street as hereinbefore set forth, DuBois shall execute and record that certain Quit Clam Deed attached hereto and incorporated herein as Exhibit C; wherein they sha'_' convey and cuitc' aim to Hauer all of their right title and interest aceuired in that Dart Of Austin Street through said vacation proceeding and as described in. said Quit Claim Deed. This Agreement constitutes the entire Agreement 'between the parties, sha_1 _'.ire to the benefit and be binding upon the Parties and their successors and assigns and nC modification hereof shall be made except by the written agreement of the parties . IN WITNESS WHEREOF, the i _ parties have executed this Agreement I thisday or July, -987 . I JAMES HADER ALBERT A. DDBOIS and LORRIE M. ' fDDBlOIS �7/ es Hauer Alpert A. Vudaas(� Lorrie M. DuBois STATE OF M7NNESCTA ) ) ss . COUNTS 0^ CARO=- ) The foregoing instrument was acknowledged 'before me t.^-is 4t�' day of -, a by .:aures iiauer . . ` IJ yIl1 y� � f,•�,���'1 I` kr\ uLV �I/ 1 WILL InM J. FLAT O CARV I oz;a- y [A COUNTY 1 7�' M/mrvnmuv+�SAm -3- ATTACHMENT D TRIO NURSERY & LANDSCAPING 2355 Marsnall Road SHAKOPEE. MINNESOTA 55379 Phone 3:54850 t lLJ2 incy 1ST �' S DP dioD c 50L03V i CwSX CIX GE iOX wCCi.i1.105EnE�.I PUJ C� OTy DESCRIPTION PRICE I. AMOUNT I 1 � Ga�i a° - 3a7 d0a r � 46- TAX a.TAX ce--e-a. TOTAL All <IBiTS inC �etumCa 90005 2 4 81 MUST be acco,&,n G by :me CIII. �pODVP E19 J CONSENT � e MEMO TO: John K. Anderson, City Administrator FROM: David E. Hutton City gineer En �"lj SUBJECT: City Parking Lot at 2nd and Fuller Laurent Dumpster DATE: September 26 , 1988 INTRODUCTION: Staff would like to discuss the situation regarding the proposed dumpster for the Laurent Building on the City parking lot at 2nd and Fuller and clarify the events of the last several weeks. BACKGROUND: In August, 1988 the owners of the Laurent Building made a request to City staff that they be allowed to park a garbage dumpster in a corner of the 2nd and Fuller City parking lot that would be "deadspace" anyway, i.e. not used for parking. Staff felt that the City Council should be involved in this decision. On September 6 , 1988 City Council approved of the request to allow a dumpster to be parked at this location for a nominal rental fee of $5 .00 per year. Based on that Council action, City staff authorized the City' s downtown contractor to install the concrete pad for the dumpster, since that particular type of work (concrete work) was nearing completion and the subcontractor would be leaving the site in a few days. Staff was then going to assess this work back to the Laurent property. This is similar to procedures followed by staff on all projects. For example, on a street reconstruction if a particular property owner wanted sidewalk construction or curb replaced , as long as it is on public property, the work would normally be done under a City contract and assessed back. If the work is on private property, staff would inform the owners that they have to hire the contractor directly. Therefore , the intent was to construct the concrete pad and assess it back to the property owner. On September 20 , 1988 Council reversed their previous decision and decided not to allow a dumpster on the City property. Since the dumpster will no longer be allowed , the City Attorney has notified staff that the property owner cannot be assessed for the pad since they would not benefit from it. The City Attorney has also indicated that any costs to remove the pad cannot be assessed, either. The cost to install the 8 inch concrete pad was $413.33, to remove it, would cost another $106 .67. In reviewing the situation, this particular corner of the lot is a 20 feet by 20 feet "dead space" that was going to contain approximately 25 Snowmound Spirea shrubs with a brick border (See attached sketch) . The concrete pad installed was 10 feet by 12 feet or approximately 30% of the available area in this corner. Staff feels that there would be no benefit to removing the concrete pad, in addition to being an added expense to the City. A brick border can still be installed and the remainder of the area planted with shrubs, so that aesthetically the concrete pad will not look that bad . In addition, it could ultimately be used for motorcycles or bikes but only if they enter off the alley ( Note: cannot get to these areas from the parking lot) . Another option would be to place a planter or trash receptacle on this pad. ALTERNATIVES: 1 . Do Nothing, leaving the concrete pad in place . 2. Remove the concrete pad. RECOMMENDATION: Staff recommends Alternative No. 1 , to leave the concrete pad in place and install the remaining brick pavers and shrubs as shown on the plans. One additional item of interest is that the concrete pad, if left in place, would eliminate approximately 12 shrubs from the contract at a cost of $22.00 each for a total of $264 .00 (compared to the $413 .33 to construct the pad) . Staff basically proceeded with the construction of the pad based on Council action taken on September 6th even though the formal agreement between the City and Laurent, covering such items as permission to park the dumpster and annual rental fees, was not executed. ACTION REQUESTED: Direct staff to leave the concrete pad in place for the parking lot at 2nd and Fuller. DH/pmp DUMPSTER - PLACE I" BITUMINOUS WEAR COURSE " OVER EXIST. BIT. TO REMAIN. 25- SNOWMOUND SPIREA REMOVE EXIST. 2' CONC. P n14 BITUMINOUS INSTALL I ( TYP. ) NCS n /� - BRICK 8616 CURB SHEETl 114 O O O ¢ BRICK —5R , ��' 0000 w (TYP) " f� !NS-ALL I 8618 CURB (T"P l N zINSTALL B618 CURB CITY PARKING. LOT ,a �lJ.i� C LL� =Zd 1 STR�lNCs I 24=S7YP) .� ORIVE LANE w J I r R NOTE: �• _ 3.1AFC}i EXIST. > \ SEE Pmt t SHc HITU M7NOUS STR_ET C STRIPI#+tG Qw DESIGN { 25 SN[]YiRlDUh� SPBtEft J INSTALL _� —` 861B CURB O 000 c (� 00000 , -u? 00000 N BRICK 0 000 0010000 .. BRIBRP� K REMOVE EXISTING BITUMINOUS EXIST. CONC. CURaSECOND AVENUE TO REMAIN ( TYP ). PARKING LOT m REALIGNMENT DETAIL �= 0 I0 2d MEMO TO: John K. Anderson, City Administrator n FROM: Dave Hutton, City Engineer SUBJECT: Capital Improvements Projects for 1989 DATE: August 24 , 1988 INTRODUCTION: At the August 16, 1988 meeting, City Council passed a motion approving the 5-year Capital Improvements Program for 1989-1993. Staff would like some direction in establishing priority projects for 1989 and possibly establishing an annual Capital Projects Budget. BACKGROUND: Each year City staff prepares a draft 5-year Capital Improvements Program which is then presented to the City Planning Commission for their review and ultimately approved by the City Council. This 5-year plan is basically a long range planning tool. In other words, any project that has ever been desired by City staff, Planning Commission or City Council is listed and staff then attempts to spread the construction of these projects over a five year period in an attempt to balance the workload and costs. In essence, a 5-year plan is generally viewed as a "wish list" by most organizations. Approval of a 5-year Capital Improvements Plan does not in itself establish projects for City staff to work on. To initiate a project either the City Council must initiate the project or it must be petitioned for by the abutting property owners. Therefore, if a project is not petitioned for, it may never get done. Conversely, if a project is listed on the 5-year plan under the fifth year but gets petitioned, it could conceivably be completed in the first year of the plan. Therefore, even though the 5-year Capital Improvements Program has been approved, staff would like some guidance on which projects have the highest priority for 1989 . In order to have plans and specifications ready for the 1989 construction season, staff must start this fall on the process of gathering field surveys, preparing feasibility reports, completing designs and going through the legal process and resolutions, public hearings, etc. necessary to comply with state law on public improvement projects. The projects on the 5-year Capital Improvements Program listed under 1989 include the following: Project Name/Description Estimated Project cost i 1 11 3rd Ave. Reconstruction between $950, 000 Shumway and Spencer, including the north-south streets between 3rd & 4th in this same section. 2 . Annual Overlay Project $200, 000 11r , + 3 . Apgar Street Reconstruction $460, 000 between 2nd Ave. & 10th Ave. ( 4./ Jackson/Harrison streets $100, 000 -/ between 11th & 12th. Investigate and solve frost heave problem. 5. Sidewalk on C.R. 17 from $ 50, 000 4th to 10th (East Side) 6. Lewis Street Reconstruction $360, 000 from 4th to 10th 7. 4th Avenue Connection to $175, 000 Adams Street through prison site 8. West Side Storm Laterals $290, 000 - 9 . 6th Ave. Sanitary Sewer $265, 000 Reconstruction from Webster to Fuller. 10.. Bluff Street from Naumkeg $ 64, 000 to Marschall Road. TOTAL $2,914,000 Obviously, it would be next to impossible to construct all these projects in 1989, not counting additional projects that would consume staff time as well, such as private subdivision work and projects petitioned for. Staff is requesting that Council review and discuss the above list of projects and provide staff with the top priorities for 1989 construction. There may even be additional projects listed in subsequent years that may deserve a higher priority. From staff's viewpoint, the 3rd Avenue project is the top priority. This street is in terrible condition and needs reconstructing. Now that the downtown project is completed from 1st to 3rd and 4th Avenue was done a year or so ago, if 3rd Avenue were reconstructed the entire portion of the Downtown area from lst to 4th would be in fairly good shape. i The annual overlay program is also very important to maintain the existing streets. Staff also feels that either Lewis Street or Apgar Street should be done next year. Another possibility would be to reconstruct Scott Street rather than Apgar Street (Scott Street is listed in the 5-year plan as 1991) . The Jackson/Harrison Street problem should also be give some consideration for 1989 . The West Side Laterals should be done in the same time frame to resolve the overall drainage problems in that area of the City. The other projects listed would not be as high on staff's priority list. ALTERNATIVES: 1. Discuss all of the potential projects and concur with staff's perceived priorities. Staff could then begin the process of obtaining specific authorization for each project as time permits. 2 . Instruct staff to not work on any projects unless they are petitioned for. 3 . Consider approving of an annual Capital Improvements Program that would provide staff with an exact list of projects every fall for the following year based on priorities and a set budget. A . Provide staff with some other direction on projects. 5. Do Nothing. RECOMMENDATIONS: Staff recommends Alternative No. 1, to establish priorities for projects to give staff guidance for working on this fall for the 1989 construction season. Once Council has prioritized the projects, staff would then bring each individual project back to Council for authorization to proceed with the project and prepare a feasibility report to determine if the project should be done. Staff also would like to point out that as part of the feasibility report, a preliminary design and cost estimate of each project must be done. This may require some field surveys to be completed. Due to current staff workloads, it would be impossible to obtain any field work before winter, which will be too late. Staff may be requesting permission to use our consultant to obtain any field work, but if so, the request would come back before Council with specific monetary estimates stated. Staff also recommends Alternative No. 3 , that Council consider approving an annual Capital Improvements Program every fall based on a set amount for projects. In other words , an amount of $1 .0 million or $ 1 .5 million, whatever Council and the Finance Director feels is a good number, could be designated for Capital Projects every year and then a list of projects could be approved based on that amount. This basically starts the fist step in "Council ordered " projects and some amount should also be anticipated for petitioned projects. If Council wishes to try and implement this type of an approach yet for 1989 projects, staff can bring back a recommendation. Otherwise some thought should be give to initiating an annual Capital Projects Budget for 1990 . ACTION REQUESTED: Move to concur with staff' s recommendation to set priorities for all 1989 project as listed in the 5—Year Capital Improvements Program and direct staff as to which projects have the highest priorities. DH/pmp laq MEMO TO: Mayor and Councilmembers FROM: John K. Anderson, City Administrator RE: C.O. Fee - Heavy Duty Air DATE: September 30, 1988 INTRODUCTION: The City Council appointed a three (3) member committee to meet with City staff and representatives from Heavy Duty Air to discuss the City Building Officials recommendation not to refund their Certificate of Occupancy Fee because of activities at the building site before a temporary Certificate of Occupancy was issued. BACKGROUND• The meeting was held on Wednesday, September 28th with David Dnistran and Wier Beckon representing Heavy Duty Air. The committee structure was altered because Councilmember Clay was in real estate school and Councilmember Zak was out of town. Therefore I asked COuncilmembers Scott and Vierling sit in so that we could have the meeting the week of September 26th. Leroy Houser, Fulton Schleisman, and John Anderson were also present. The City Building Official submitted a chronological listing of events in a memo dated September 7, 1988 (attached) . Heavy Duty Air submitted a letter listing a chronological order of events dated September 16, 1988 (attached) . The committee used the two letters, questions and general discussion to better understand the circumstances surrounding the action taken by our Building Official. The key question was whether Heavy Duty Air employees were setting up equipment on the site with or without an understanding that a temporary Certificate of Occupancy was required. _ ALTERNATIVES• 1. The City can refund all of the withheld Certificate of Occupancy Fee. 2 . The City can refund a portion of the withheld Certificate of Occupancy Fee. 3. The City can retain all of the Certificate of Occupancy Fee as recommended by the Building Official. SUMMARY: The three (3) committee members will summarize their reaction to the meeting at the Council meeting on October 4, 1988 . The committee members made no formal decision at their September 28th meeting. JKA/tiv Ike MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Use of Tax Increment Funds to Assist the Shakopee Hockey Association in the Construction of an Ice Skating Arena DATE: September 30, 1988 INTRODUCTION• The City Council directed the City Attorney to seek a legal opinion on whether the City could use tax increment funds for the purpose of providing assistance to the Shakopee Hockey Association in the construction of an ice skating facility. BACKGROUND: Last month the City Council directed the City Attorney to seek an opinion from the Minnesota Attorney General on whether the City could use tax increment financing (TIF) funds for the purpose of assisting the Shakopee Hockey Association with the construction of an ice skating facility. After a review of the City Attorney's request the Attorney General's office indicated that they did not believe they should render an opinion on this subject and that it would be more appropriate to have the City's bond counsel give the opinion. Subsequent to that a letter was conveyed to Mr. Tom Hay of Dorsey and Whitney, the City's bond counsel. Mr. Hay responded verbally to the Community Development Director on September 30th and indicated that he would have a written response to this question available to the City Council for the meeting of October 4th. Mr. Hay's opinion is that the HRA can use tax increment for the purpose of assisting the Shakopee Hockey Association in the construction of an ice skating facility. Mr. Hay indicated that there are several options which could be used to assist the Shakopee Hockey Association. The City Council may find some alternatives more suitable then others. If the City Council decides that they would like to pursue this and wants to pursue a particular course of action it will be necessary to meet with Dorsey and Whitney to structure the program any use of TIF proceeds will require an amendment to the TIF plan. ALTERNATIVES• 1. The City (and HRA) could issue tax increment financing general obligation (TIF/GO) bonds and use the proceeds of these bonds to build a hockey arena and then lease the facility to the Hockey Association. The Hockey Association would then be responsible for the bond debt service. 12- j2� 2. The City (and BRA) could use a part of the TIF surplus to construct the facility. If this alternative were used bonds, of course, would not be issued. The Hockey Association would then be responsible for reimbursing the City/HRA for the cost of construction. 3. The City could maintain a bond reserve or finance the Hockey Associations construction costs by issuing Minnesota Municipal Industrial Bonds as prescribed in the Minnesota Statutes Section 469.152 to 469.165. This alternative would conceivably have a somewhat higher interest rate because of the level of risk involved. 4. The City could issue gross revenue bonds as allowed by Minnesota Statutes, Section 471.191. Gross revenue bonds provide for the gross revenue from the facility to be first applied to bond debt service with the remaining proceeds, if any, used for operational and other costs, whereas net revenue bonds (the type of revenue bonds governmental agencies more often issue) provide for the revenue stream to initially pay for operating expenses and to then pay for bond debt service. Under the gross revenue bond statute the City would also be in a position of levying taxes, up to it's levy limit, without referendum to pay for operations if it so chooses. The inherent problem here is if the facility could not afford to be operated there would not be any revenue and the bonds could then not be retired. 5. Another option would be to establish a lease purchase program. Under this option the City would have a lease agreement with the entity constructing the facility. (Depending upon the nature of the usage of the facility the interest on the lease purchase agreement would be partially or perhaps completely tax exempt. ) (The lease purchase agreement provides for the City to terminate the lease at the end of any particular year during the life of the lease. If the City were to exercise this option the investor would receive no further payments from the City but would then regain ownership of the ice skating facility. ) The interest rate for this type of agreement would probably be 75 - 100 basis points higher than the use of TIF G.O. bonds (18 interest = 100 basis points) . The lease purchase option would probably not be the most desireable way to go however it is an option. RECOMMENDATION• If the City Council wants to assist the Shakopee Hockey Association in the construction of an ice skating facility they should vote in the affirmative to do so. Once this has happened the City Council should identify the most desireable alternative or alternatives that they want to pursue in providing this assistance. Once that is done the City Council should direct the City staff and bond counsel to thoroughly evaluate the f�- '9� alternative or alternatives chosen and to identify all of the essential steps that must be taken in order to provide this assistance. ACTION REODESTED• Move to approve the concept of providing assistance to the Shakopee Hockey Association for the construction of an ice skating facility at the Minnesota Valley Mall. Direct the staff to pursue one or more of the alternatives identified above. Move to direct the City staff and bond counsel to structure a program to provide assistance to the Shakopee Hockey Association. DORSEY &. WHITNEY 2200 FIRST BANS PLACE EAST MINNEAPOLIS, MINNESOTA 55402 R Re. E rofa¢I m¢a-seoREI. (612)340-2600 z OW FIRST wILIXG TELEX Y -0606el EEI F6tl 559(U TELE.NIER (612�aao'zefifi eLl�<001¢-021gp0 6 R IN CALLS(ACE). n E- 1.TAC IT ss RO-Re m .xarsTHOMAS S. HAY ST NT NI 'RYla G"fiRlM+v-soea eE INN ' o (.I.)a.-7966 MI s"iAe O¢ wzwsore avTm SKINS ,eM � � „`.�eR September 30, 1988 w-NEi DOHSEY & WHITNEY 1. Issuance of general obligation tax increment bonds without an election, pursuant to Minnesota Statutes, Sections 469 .174 to 469 . 180 and Chapter 475, subject to appropriate tax increment financing plan amendments and the availability of sufficient tax increment revenues ; or 2. Issuance of gross revenue bonds without an election, pursuant to Minnesota Statutes, Section 471. 191 and Chapter 475, subject to the City's ability and willingness to pay operation and maintenance costs from ad valorem taxes or other City funds, if necessary; or 3 . Issuance of a lease-purchase agreement pursuant to Minnesota Statutes, Section 465.71, which would be subject to nonappropriation and termination at the end of each fiscal year of the City. These three financing methods imply a City owned facility which would be leased or subleased to the Shakopee Hockey Association. In each case tax-exemption of the interest payable on the debt would depend on the same factors as described in the first paragraph of this letter. The four types of financing described above have different implications for and impacts on the City and its finances. These should be discussed with Bob Pulscher of Springsted Incorporated so that if the council wishes to proceed with the ice arena, it may make the most appropriate financing choice. Very truly yours, Thomas S. Hay TSH:tln cc : Dennis Kraft Robert Pulscher cJULIUS A.COLLER, 11 w ATTORNEY AT LAW siz ans zaa ie sa SNAEOPEE,MINNESOTA 553Z9 September 28, 1988 Dorsey and Whitney Attorneys at Law 2200 First Bank Place Minneapolis, Minnesota 55402 Attention: Mr. Tom flay Dear Mr. Ha.y7- Last August at the request of the Shakopee City Council I wrote a letter to the Attorney General of the State of Minnesota, a copy of which is enclosed. Not getting any reply I recently contacted the Attorney General's office and it seems that for awhile the request was lost and then it did end up in one of the Assistant Attorney's hand. They indicated that they didn't feel they should be given this request but rather it should be directed to our bond counsel. I gather no opinion is coming from the Attorney General's office. This was reported back to the City Council at its most recent meeting and I have been requested to send the inquiry to you and rather than repeat the letter that I previously wrote to the Attorney General I am enclosing a copy herewith. If you have any questions please contact me. Very truly yours, Julius A. Coller, II Shakopee City Attorney SAC/nh Enc. Julius A. COLLEH,If JULIUS Arrc, Er AT Lew.11 ,esnp,a+ops Nwu, 1111 ...l"oc SHAEOPEE,MINNESOTA 663Zw August 18, 1988 Mr. Hubert H. Humphrey III Attorney General State of Minnesota State Capitol St. Paul, Minnesota 55101 Dear Sir: The Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "HRA") is interested in assisting the redevelopment and revitalization of an existing shopping mall in the City of Shakopee, This shopping =11 has throughout its history experienced significant vacancy rates. Substantial portions of this mall have never been finished and at the present time in .excess of 50% of the available space remains vacant. The owner of the mall has proposed making a number of improvements to the mall. One element of this proposed renovation involves the owner essen- tially giving to the Shakopee Hockey Association (the "Association"), a non-profit Section 501(C)(3) organization, a portion of the shopping center property. The Association would then construct, own and operate an ice skating facility (the "Project") on this property. The Project would be attached to the mall and would generate additional traffic through the mall and, it-is believed, enhance commercial viability and utilization. In order to finance the Association's construction costs, it has been proposed that bonds or similar obligations (the "Obligations") be issued pursuant to the Minnesota Municipal Industrial Development Act as now codified in Minnesota States, Sections 469.152 ro 469.165. It has been further proposed, in order to enhance the credit of the Obliga- tions andthereby to make the related financing to the Association cost effective, that the. HRA establish and fund a debt service reserve account (the "Account") which would secure the repayment of the principal of and interest on the Obligations. The Account would not be a primary source of payment of the Obligations but would be used only in the event of default by the Association, as. primary obligor under the Obligations. The source of funding for the Account would be available tax increment gen- erated from the HRA's existing RedevelopmentProjectArea. We are aware that the 1988 Legislature made certain amendments to the tax increment financing law which would proscribe the use ofcertaintax increments for such purposes, and no such increments would be used to fund this Account. Based upon the foregoing information, we request your opinion of the following question: M. Hubert H. Humphrey, III -2- August 18, 1988 ','QUESTION Assuming that the HRA made the appropriate amendments to its existing Redevelopment District and Redevelopment Plan, including the making of necessary findings relating to the need and purpose of its assistance to' the proposed Project, may the HRA, pursuant to Minnesota Statutes Section 469.176, Subdivision 4, or other law, use legally available tax increments to fund and maintain the Account for'.the above-described purposes? It is imperative that the City have the answer to the above question_ as early as passible as time is of the essence. Thank you for your prompt consideration. Very truly yours, Julius A. Collar, II Shakopee City Attorney JAC/bpm DORSEY & WHITNEY 2200 nEST BA PLACE EAST MINNEAPOLIS, MINNESOTA 53402 �¢ a (612)040-2600 ]9D P,HS u,iBINO l8 L&R E9-08Q, B'W(P103)638-OPOO�� S6LBCOPIEB�61P)' �-EBeB eOCBes[PweYMNB9ss 339W TEON S. HAY (6,E)1Yb-]986 YI oY OI O �(ac6)fPl�-6L�.5 S Ws (g2�ary OS,O sOe[IS )3003(P�S�PBAAC6 September 30, 1986 Mr. Julius A. Coller, II Attorney at Law 211 West First Avenue Shakopee, Minnesota 55379 Re: Proposed Shakopee Ice Arena Financing Dear Mr. Coller: Thank you for your letter of September 28 and the attached letter to the Attorney General dated August 18 requesting the issuance of an opinion with respect to the above matter. After reviewing the August 18 letter and the applicable statutes and case law, we have concluded that the City has authority to issue revenue bonds pursuant to Minnesota Statutes, Sections 469.152 to 469. 165, to finance an ice arena for the Shakopee Hockey Association; and that, if the applicable tax increment plan is amended to reflect the use of tax increments to provide a reserve fund for the security of such revenue bonds, available tax increments can be used for this purpose. The reserve could either be funded once with no obligation to replenish it, or the City could undertake to establish and maintain the reserve at a designated level, in which event if a revenue bond default occurs the revenue bonds would be payable from tax increments as available. Presumably, the revenue bonds could be issued as tax-exempt "qualified 501(c) (3) bonds" under Section 145 of the Internal Revenue Code of 1986, but we would have to examine the proposed use of the ice arena to be absolutely sure about this. I also want to point out that the City may be able to finance the ice arena in one or more of the following ways : I r � DoRSEY He WHITNEY 1. Issuance of general obligation tax increment bonds without an election, pursuant to Minnesota Statutes, Sections 469.174 to 469.180 and Chapter 475, subject to appropriate tax increment financing plan amendments and the availability of sufficient tax increment revenues; or 2. Issuance of gross revenue bonds without an election, pursuant to Minnesota Statutes, Section 471.191 and Chapter 475, subject to the City's ability and willingness to pay operation and maintenance costs from ad valorem taxes or other City funds, if necessary; or 3. Issuance of a lease-purchase agreement pursuant to Minnesota Statutes, Section 465.71, which would be subject to nonappropriation and termination at the end of each fiscal year of the City. These three financing methods imply a City owned facility which would be leased or subleased to the Shakopee Hockey Association. In each case tax-exemption of the interest payable on the debt would depend on the same factors as described in the first paragraph of this letter. The four types of financing described above have different implications for and impacts on the City and its finances. These should be discussed with Bob Pulscher of Springsted Incorporated so that if the council wishes to proceed with the ice arena, it may make the most appropriate financing choice. Very truly yo rs, Thomas S. Hay TSH:tln cc : Dennis Kraft Robert Pulscher I I T MEMO TO: John K. Anderson, City Administrator .•// FROM: Dennis R. Kraft, Community Development Director RE: Private Use by Lease or Sale of Dedicated Park Lands DATE: September 30, 1988 INTRODUCTION• Last month the City Council directed an investigation of methods which could be used to convey property interest persons owning land adjacent to parks or trails as public easements. This memo responds to that question. BACKGROUND: The City Attorney was asked to research the question of whether the City could legally convey it's interest in City park land by either sale or lease or other conveyance to persons owning land adjacent to the park. The specific question arose as a result of a structure which Mr. John Nelson built on City park property adjacent to his lot which is located in Hauers First Addition in Eastern Shakopee. After reviewing the plat dedicating the property to the City and reviewing relevant case law the City Attorney's opinion is that the City can not legally sell, convey, or lease any part of the property dedicated by the Hauers First Addition plat. The City Attorney further states that the City holds this property and all other such property in trust for the purposes for which it was dedicated. ALTERNATIVES: 1. According to the opinion by the City Attorney the law would preclude leasing or selling this property to Mr. Nelson or any other person owning property adjacent to dedicated park land. RECOMMENDATION• It is recommended that the City Council direct the City Administrator to inform Mr. John Nelson that the City can not legally lease or sell him the property adjacent to his house. ACTION REOUESTED: Move to direct the City Administrator to inform Mr. John Nelson that the City can not legally lease or sell him the I dedicated park property adjacent to his lot in Hauers First Addition. JuLIDS f1. COLLEA. I) A ATTORNEY AT LAW sir eas rasa a a.o SHAKOPEE,PIINNESOTA 55OZ9 Memo to: Mr. Dennis Kraft, Community Development Director From: Julius A. Coller, II, City Attorney In re: Council Directive to Investigate the Conveyance of Property interest to persons owning land adjacent to park/trails as public easements Date: September 28, 1988 You state that Mr. John Nelson constructed a building on City owned park property and/or public easement. Subsequent to this a complaint was received by the City officials and the zoning inspector investigated the complaint and then notified Mr. Nelson that he had constructed a building on park property. Mr. Nelson then subsequently appealed this question to the City Council. QUESTION: Can the City legally convey its interest in the City park land either by sale, by lease or other such conveyance? The background and facts behind this entire question shows that the land in question was donated and dedicated to the public for public use forever by the dedicatory words Plat in Hauer's First Addition which "Dedicate to the public for public use forever the drive, park and easements for utility and drainage purposes as shown on the plat." So here we have a dedication by plat. Special problems arise in conveying park property or property that the city holds in trust for some particular public purpose as in this case. Usually a special statute or charter provision,neither of which is now in existence, is necessary to enable the city to alienate lands it holds in trust and uses for a specific purpose. This property is held in trust for the public and the City has no power to divert the land from the use and purposes of its original dedication. See Headley v Northfield 227 Minn 458; 35 NW(2) 606; Kronschnabel v St. Paul 272 Minn 256; 137 NW (2) 200. On the basis of the above described situation the City of Shakopee cannot sell, convey or lease any part of the property dedicated by the Hauer's let Addition plat. The City holds the property in trust for the purposes for which it was dedicated. ctfully submitted,ed, Ilius A. Collor, pee City Attorney n , � 0 MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Minnesota Valley Restoration Project Memo on Murphy's Landing DATE: September 28, 1988 INTRODUCTION• The attached letter was received from the Minnesota Valley Restoration Project (MVRP) Board of Directors. This letter is in response to the evaluation which was made for the City Council by Mr. Ronald Nelson. BACKGROUND- For the past 1 and 1 1/2 years the City Council has been wrestling with the question of who should operate Murphy's Landing. As part of this process the City exercised an option to regain ownership of the property from the Scott County Historical Society. Litigation was initiated on this subject, however, as reported to the City Council last month, the Scott County Historical Society has decided to not pursue the litigation further. The copy of the consultants report, attached, makes several comments relative to what Mr. Nelson thinks should happen in order to provide for the successful operation of Murphy's Landing. The memo to the Council from MVRP takes exception to some of Mr. Nelson's observations and recommendations. At this time the City Council needs to evaluate the MVRP Board letter and then decide on which course of action it will be taking. Some time during the week of October 3rd, Mr. Mark Chronister from the CPA firm of Coopers and Lybrand will be visiting the MVRP site and evaluating their records for purposes of providing information on the conduct of an audit. The audit will be a cash and dispersements audit and will also comment on needed internal controls. A response is expected from Mr. Chronister in the near future, and the City Council will be informed at such time as his response is received. A recapitulation of Mr. Nelson's report follows: His major concerns are that an accurate artifact inventory be established, that enhanced museum procedures be implemented including those pertaining to collections, research, preservation and interpretation. Mr. Nelson also indicated that the role of the Board of Directors and that of the director be more clearly defined. More specifically he indicated that the boards major responsibilities are to establish policy, raise operation money, establish an endowment fund and to supervise the director. The director's duties were specifically defined as supervising the staff, providing a specialized body of knowledge, preparing a budget, planning site operations and development activities for the board and raising grant money for special projects. Mr. Nelson also indicated that certain ethical questions needed to be answered including paying a board member to be the director, the issue of nepotism, the perception- of selling antiques and the need for a specific deaccessioning policy. The MVRP memo recapitulation includes the following relevant points: It is their opinion that Mr. Nelson's evaluation was neither fair nor accurate. They indicate in their report that the primary responsibility of the MVRP Board was to get Murphy's Landing on a firm financial footing and that this has essentially been done. This memo goes on to state that a past debt of $70,000 was paid off and the debt level is now under $30,000. This also indicates that gate revenues have been increased. In terms of collections they also disagree with Mr. Nelson's observations and they have indicated that while an inventory does exist it is not yet been crossed referenced but that is planned to be done later. The MVRP memo also comments on Mr. Nelson's report relative to research, preservation, maintenance, interpretation and administration. In summary it can be said that there is an obvious difference of opinion between the findings that Mr. Nelson made and the observations of the current MVRP Board of Directors on what is actually going on. ALTERNATIVES: 1. Continue working with the MVRP Board of Directors and make incremental changes in the operation of Murphy's Landing and that of the Board of Directors. 2. Appoint a new Board of Directors with a minority of members being from the existing MVRP and Scott County Historical Society (SCHS) Boards of Directors for purposes of continuity. (It should be recognized that the earlier attempt to provide a joint Board of Directors composed solely of MVRP and SCHS Board members resulted in failure. ) 3. Appoint a totally new Board of Directors and have that Board hire a director who is a qualified museum professional. 4 . Initiate the process of advertising for a trained museum Professional to function as director before a new board is appointed and utilize the services of Mr. Ron Nelson to facilitate this process. 5. Take another, as of yet unidentified course of action. RECOMMENDATION• It is recommended that the City Council pursue alternative #2 and to then initiate the process of recruiting a director. ACTION REQUESTED: Direct the City Administrator to formulate a detailed program for establishing a new Board of Director's for Murphy's landing which includes minority representation from the current MVRP and SCHS Boards of Directors. Attachments P.O . Box 51 Bishop Hill , IL 61419 August 3 , 1988 Mr . Dennis R . Kraft Community Development Director City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr . Kraft: Enclosed is my evaluation of Murphy' s Landing done on June 7, 8, and 9 of 1988 . My approach to this was that my wife and I were tourists on our first day. We took a long visit to the site . The following morning , I talked with Marge Henderson about operations and in the afternoon, we toured the site together . That evening, I met with friends in Minneapolis who are active in museum/preservation work to ask them what the local opinion of the site was. The following day , I met with Margaret MacFarlan and two members ofhe Scott County Board . I had also met with two members of the MPRP Board . All of these meetings were informal and were for my knowedge of what and where each organization was coming from and going toward . I also had read the packet of information you had supplied me on April 25, 1988. This plus my early experience as a site consultant from 1968- to 1982 are what I have used as a basis for this evaluation. Sincerely, l/ Ronald E. Nelson 11 Historian siteEvaiyaticn of `Iur ' s " anc. By Rona' dE. Nelson , Historian l June 7-9 , -988 Fiscal Management - While it was not part of my task to audit the site , there are several things which should be noted . The Internal Revenue Service has increased its scrutinv of non-profit corporations and a new accountina system should be established using the information required on Form 090 as the basis of this system. An annual audit must be established to give the staff this tool to apply for grants . The other area that I have great concern for is unrelated business income . By MVP.P ' s own figures , rent , Gift shop, restaurant, pop, and picnic make up 281, of the income in 1986-87 . Real efforts must be instituted to show that renters supply security, gift shop merchandise is relevant to the museum mission, and that the food concessions are serving appropriate foods. An audit by IRS could cause income tax to be paid on these incomes and a serious question about non-profit status to be raised . In my discussions it seems there is now a list of artifacts but it is recent and there was a card catalogue established several years ago. The location of this catalogue is unknown. MRVP has changed Directors several times without at inventory of artifacts and equipment being required . This must be a part of the annual audit along with other standard accounting practices . The staff deserves this protection. I must also mention here that an accurate artifact inventory is a major museum responsibility but also amajor fiscal responsibility. Antiques are expensive and must be viewed as part of the sites assets along with historic and support structures. Allegations of missing artifacts are the most damaging thing that can occur to any museum. Museum Procedures - The four basic museum functions are collecting , research, preservation, and interpretation. These functions are either not being attemped or being done in a haphazard way. Collections - An active collection policy is the cornerstone of anv successful museum. In 1986-87 MVRP did not spend any money to acquire artifacts . This is not necessarily bad if gifts of artifacts were made . In order to encourage donations , it has to be proven that a museum is a competent custodian . MVRP can not prove their competence with a list of holdings . A standard policy of museum accessioning and cataloging must be established which will allow accountability and control of the collections . Research - Research is really impossible to separate from collection because artifacts mean much less wihtout their history . The buildings at Murphy' s Landing must also be considered as artifacts . Resources have not been allocated to research and it is apparSat in collection management as well as in interpretation . Site Evaluation Pace 2 Preservation - Preservation ,:seum=_ exist and are so important to the future .The slowir.c c_ __c_rioration of a_ -.' facts and buildings is primary . This _- net receiving enough resources . I saw several examples of poor preservation practice= durinc my site visit and these are not practices •,.hich would require more money, but rather trained personnel_ . Interpretation - This is based upon the previous museum procedures . The first requirement is an accurately restored and researched s'_te which makes itself available to the interpreters . MV3P presented a very uneven level of interpretation the dap my wife and 1 went throuch as tourists. The mechanics o` interpretation can be improved - I have a problem with an interpreter smokinc a cigarette on the back porch but not a clay pipe. The meat of interpretation will require a great deal of collection and research information . Summary - Museum Procedures can be improved greatly with minimal expense and the establishment of 1 ) accessioning 2 ) cataloging 3 ) deaccessioning , 4) cyclical maintenance 5 ) preservation policies which are available from several pro- fessional organizations . What is required is Board commitment. Board Function - Almost all problems of. Murphy' s Landing are traceable to an undefined role for the board of directors and the staff . There seems to be from the beginning a blurred vision of who is to do what. The board ' s duties must be to: 1 ) establish policy, 2 ) raise operational money , 3) establish an endowment fund, e ) supervise the director. The director ' s duties are to : 1 ) supervise the staff , 2) provide a specialized body of knowledge, 3 ) prepare budgets , 4) plan site operation and development fox submission to the board , 5) raise grant money for special projects . Most non-profit organizations are now preparing job descriptions for board members . A person coming on the board should know what is expected . The primary duty of a Murphy ' s Landing board member should be to raise operational money ( $75, 000 to $100 , 000 per year for the entire board) . This is required to remove from the staff the onus of raising their own salaries . The primary duty of Murphy ' s Landing is to educate; if this is done properly the site can be a tremendous financial and cultural asset to the region. It is my opinion that the greatest problem will be to build a board which can fulfill the needs of Murphy' s Landing . At the present time, recruitment of people to do the job is difficult because the perception is "you will only receive grief for a job which pays nothing . " Site Evaluation Page 3 It is necessary that the original view of Murphv ' s Landing as a regional resource be emphasized and board members include people from bevond Scott Countv . i The board of directors must raise the operational money for the site from private , individual donors . In America , private individuals. Live 89% of philanthropic gifts and these gifts require personal solicitation. If you can ' t ask an individual to support Murphv ' s Landing , then you shouldn ' t be on the board . A good axiom is "when you mill: a cow you don ' t send her a letter , you .don' t call her on the phone , you sit down nest to her and go to work. " The future of Murphy' s Landing will depend upon the recognition that it is not a business, but an outdoor museum with an educational goal of teaching. This is not to say that sound business practices should not be used, but when business is the only goal , then the true purpose of the site is lost . A good museum can be run in a businesslike way, but it does require trained personnel who are not now on the staff . Trained personnel are required ! I feel this problem of the board not being fiscally responsible has brought pressure upon the staff to concern themselves only with raising money. In this environment it is inevitable that the purpose of the site be lost . The board must be based upon a definite term .system with mandatory time off after completion of the term. This allows new people to come on the board . Ethical Questions - The museum profession has long operated under a code of ethics and the problems associated with the contesting of two groups for this site has caused some very definite long term problems. In my opinion , the paving of a member of the board to be director is a violation of the not for profit principle. Several people (not associated with either group) mentioned to me nepotism and if this is not a real problem it is a publically perceived problem and thereby damages the site. , In conversations with - people a question was raised about an auction on the site. The perception again is "they are selling antiques" . This will hurt artifact donations , and can be cured by a formal deaccesioning policy. and observing the MR%TP with various _..ac _s time for both groups to consider the we a - _- -_ _ before publicly debating, libeling ., a .. ___..c_- _ _ _s_-. Cc_e_ . The damaee to recruitine_ board members anc _ ____ _ ____ __ e.._-..,_.._ . I III i, ' 0 QUESTIONS FOR HE HOUC-"T FUL HOARD MEMBER by Dr.Steve Johnson l Dr.Johnson iJun,sDeakeri has kindly fUfmsned;hese points to ponder '.. is there a complete personal develop- mcm program for your ngenry s i executive and program saH,in writing? _. Are)Our agent]s financiak complete and xcumte? How do your know? 3. Has the Board approved a long=gc fmanciat resouroe plan, Does your wnuen Board membership policy include fund raising and other raponsibuiues,accountability,meeting attendance requirements,committee structure.and the like? 5.What will prevent your agency from running away financially? 6.Do you ever see management inforrra- don,such as report9 of YOU agency's program achievements vs.obj=dves? 7.Sow do you kiow that there is a Conant and vigorous management improvement in your agency—such as cost reduction and control.negotiated reimbursement,new income sonmes,or sharing programs and costs with oche: agencies? 8.Do Board members ever meet clients, referring agancies and sponsors? 9.Are there written objectives of the agency,sated in measurable terms, reviewed annually? 10.If your agency did not exist,would it need to be re-invented now? S�,J.W...�rrachM a�Bc y.6a1 lata; . Inc S..:A,C nuge Houva Placa,901 E Gm.. lL 61701:303-9'9- - 3931.Ile Will Ee n iag a seining fur GwG Nmwn.bSiming Sepu6r7, NSFRE P. 0. Box 5323 Peoria, IL 61601 TO: Council, City of Shakopee Mn: Minnesota Valley Restoration Project, Inc. Board of Directors 1988 DAM September 21, 1988 In response to the evaluation made by Ronald E. Nelson for the City of Shakopee, we feel it was not a fair or accurate assessment, and respectfully submit the following statements. The primary responsibility of the current Board of Directors was to get Murphy's Landing on a sound financial footing, and address the most urgent needs of restoration and preservation. nNANCUL Murphy's Landing has had a history of financial crisis since its inception in the 1960's, even though the Stans Foundation has donated well over a million dollars; the department of Housing and Urban Development awarded two large grants; and the County of Scott has committed subsidizing funds for several years. Additional funds were received from the Wilkie Foundation, corporations and private donations. However, most of these funds were dedicated to planning studies, site preparation and buildings. The key problem faced by Murphy's Landing is a contradictory strategy of operations under which too much has been attempted without the requisite resources. Time and time again efforts were made to follow the very ambitious developmental plan, and even though the funding has not materialized, the plan has not been modified. Although the site has been open to the general public and tours since the 1970's, revenues from this source have never adequately covered operating and maintenance expense. The strategy therefore of the current Board since 1986 was to pay off the debt of approximately $70,000.00; upgrade the existing houses and interpretation; increase gate revenues and try innovative methods that would produce income without compromising the historical integrity of Murphy's Landing. We have accomplished these goals, and now have a minimal debt service of a $22,000.00 loan with the First National Bank of Shakopee and a $6,500.00 interest free loan with the Scott County HRA. We are presenting to the public a professional program: good exhibits: I aesthetically pleasing buildings, interiors and grounds. All bills are kept current, and we have achieved this plus making capital improvements in the approximate amount of $60,000.00. This figure does not include volunteer labor or the Valspar Paint Grant. We increased the gate and tours from $81,933.25 in 1986 to $118,917.40 in 1987, plus an additional $20,000.00 from special events and photo shoots. 1988 to date is proving to be another excellent year with the gate remaining consistent even through the overwhelming heat and drought. It also has been proven that income from site sources can carry operational expenses. Minnesota Valley Restoration Project, Inc. (MVRP) acknowledges the necessity of a new and more comprehensive accounting system, keeping in mind proposed legislation of non-profit corporations. Again because of the staffing crunch, this was to be implemented with the fiscal year commencing March 1, 1989. nust n mci=R= COLLECTIONS Although MVRP did not spend money in 1986-87 to acquire artifacts due to the severe debt problem, we were fortunate in obtaining several meaningful donations. In 1988, we again started a purchasing program, and hopefully can continue in the future. The quality of the artifacts contributed in 1987 and 1988 were extremely valuable. In the past Murphy's Landing became a repository for junk items not having historical significance. Slowly through an appropriate appraisal and research process, we have assiduously sifted through the unusable, unfixable and non-historical items. Although the auction in the Spring of 1986 was not a project of the current Board or administration, all items sold were not of our period, or were verified donations. Due to having no records available of acquisitions prior to1982. we have currently inventoried all artifacts and have these lists computerized. The intent at this time is to set up a cross-referenced cataloguing system. Due to lack of staffing, this work will commence in the Fall of 1988, after the seasonal rush. RESEARCH Research has been ongoing as staff time permits. We are careful to acquire as much history as possible upon receipt of any donation. One major step accomplished in the past two years is the collecting of all information in various files, sorting and placing it in bound manuals for each designated building. PRESERVATION The concern of preserving inventory has been a major goal, recognizing that items in trust are irreplaceable. We have been searching for donations and/or grants so that we may provide storage in a temperature controlled area for artifacts, photographs and period publications. We wish to remodel a 14' x 52' area in the administration building and furnish it with shelving and approved museum type styles of racks and closets. The estimated cost for this facility would be $22,000.00. We are maintaining at present as good a standard of preservation as space and circumstances allow. MAINTENANCE A firm cyclical maintenance policy has not been put in place to date due to the emergent nature of restoration and upgrading of roads, roofs, porches, painting, windows, foundations and mechanical systems, that faced us in the Fall of 1986. Having corrected the most serious problems, our current plan is to establish an annual maintenance schedule commencing 1989. INTERPRETATION Since 1986, we have implemented an excellent three day curriculum of training and orientation for both volunteers and paid interpreters. Also, ongoing review in the houses and hands on training is conducted on a continual basis. The training manual for Murphy's Landing was completed in early 1988 and is testimony to the professionalism adopted on site. ADMINISTRATION Systems and business practices in reservations, bookkeeping, public relations, promotion, etc. have been adopted which have streamlined the office operation to a good measure of efficiency and accountability. In early 1988, the Board adopted the first ever Personnel Policy for the Landing. Aggressive marketing techniques have been implemented. An analysis is made to note recapture for every dollar spent on direct mail, advertising and/or promotions. We are listed on the State Tourism Speakers Bureau and have delivered our message to civic and fraternal organizations, also corporate groups, and thus are developing name recognition and groundwork for donations, memberships and corporate picnics. The Board has established a Grants Committee that is making strides in a new developmental plan and looking for future foundation grants. In conclusion, heroic measures have been taken to make Murphy's Landing a dynamic and professional experience for the visitor. Although many problems still exist and are recognized by the current Board, we feel what has been accomplished in the past few years is indeed noteworthy. ttCOI\ ElTty prreetinn I a 129 Levee Drive Shakopee, MN 55379 Phone: 612-445-2742 Memo To: John Anderson, City Administrator From George Muenchow, Shakopee Community Recreation Director Subject: Tahpah Park Baseball Batting Cage Date September 29, 1988 Introduction A coalition of Baseball/Softball enthusiasts are requesting permission to construct a batting cage in conjunction with the Tahpah Park Baseball Facility. Background Good opportunities for batting practice always has been an important part of any of our baseball program. A special batting "backstop" was a part of the Riverside Park Field when it was in existence. This past year the Shakopee Youth Baseball/Softball Association did acquire a portable pitching machine which is an important modern teaching/practicing tool. It has been used in open baseball field areas around the community. For their sake it would be nice to have access to a "cage". High School and adult players likewise would benefit. The current intention is to construct a permanent batting cage in conjunction with the Tahpah Park Baseball Field. It would be located in a position so that it will operate safely and compatibly with whatever else is taking place in that park. Procedures would be in place stipulating controls as to how the equipment would be used. Supervision would be the function of Shakopee Community Recreation. Additional insurance premiums will be minimal. Alternatives 1. Deny request for permission to install a Batting Cage at Tahpah Park. 2. Grant permission to construct and operate a Batting Cage at Tahpah Park. Recommendation Staff recommends the granting of permission for the construction and operation of a Batting Cage as a part of the baseball facility in Tahpah Park. Action Move to authorize permission for the construction and operation of a batting cage facility in Tahpah Park with supervision to be administered by Shakopee Community Recreation. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 pL -Capo"Ims Ageney, Inc YOUR INDEPENDENT INSURANCE AGERI) '1988 P.O. Box 97, First National Bank Bldg.,Shakopee, MN 55379 Tel.(6 2Au-d,$22 `"'�%YAKO pnl: September 22, 1988 Mr. John Anderson, Administrator Cityof Shakopee 129 East First Avenue Shakopee,MN 55379 EE: Batting Cage at TahPah Park Dear John, Further to our phone conversation today, this is to advise that liability coverage would be provided for the City under their League of Minnesota Cities Insurance Trust Contract for the batting cage that is to be donated to the City by the Baseball Association. When this has been completed, if you wish to place property coverage on the fence, storage building and equipment, please contact our office with the values so they can be added to your Statement of Values. Thank you and should you have any further questions or concerns, please feel free to contact us! Sincerely 4dw-„„'`� ) gu6 Sichmeller cc: Charles Fonder Shakopee Baseball Assn 1167 So. Madison Street shakopee, MN 55379 T0: Shakopee Lions Club I FROM: Shakopee Baseball Community (Pee Wee, Midget, Jr Boys, Mickey Mantle, American Legion, Town Team, Over 35) RE: Batting Cage The Shakopee Baseball Community is making a concerted effort to give all the young people of the community, as well as the older players, every opportunity to improve baseball skills . In the last few years, great progress has been made in this program. Better equipment, complete coaches training pro- grams, new backstops, and probably the most noticable, pitching machines , have been implemented. Every group in the program, 9-10 yr olds, 11-12 yr olds, 13-15 yr olds, 16 yr olds, 17-18 yr olds, the town team, and over 35 yr olds, has used these machines to improve their skills. That's over 500 participants having benefitted. We hope that with the improvements in our baseball facilities even more players, especially at the beginning levels, will enter the program. Some of you, your children, and even your grandchildren have participated in this program. This is where tradition starts. We feel a permanant batting cage is a giant step in this direction. The baseball groups of Shakopee are requesting a donation for a batting cage for the Shakopee baseball teams . This facility would be an assset for all age groups associated with baseball from the Pee Wees to the State Champion 35 & over league players. Other area communities that have this type of facility have indicated that it is an invaluable teaching tool because of its versatility for whole teams, small groups or individual instruction. This type of facility provides the opportunity to take batting practice without the concern of finding enough players to shag balls during practice. It provides that individual instruction for the younger players who are just learning the fundamentals or the more experienced play- ers who may be working out of a slump or just getting more batting practice. The batting cage we are proposing would be a combination batting - pitching area. According to other area communities (Chaska, Prior Lake) who have a facility similar to this, more practice can be done at a practice because the large area (whole field area) for hitting would not be needed and could be used for other purposes. We think it would add to an already beautiful complex at Tahpah Park. This is a piece of equipment that will be used by all ages from 3rd & 4th graders to high-schoolers to adults. It is a good investment in the community' s young people, and we would hope you will help us obtain this batting cage. If you have any questions or want more information, please call me any time at 445-4056. Thank you for your consider- ation. Sincerely, Charlie Fonder C Cost of Permanant Batting Cage: Fence Crown Fence Co $ 3,250.00 Netting Jugs, Inc. 900.00 Block Storage Johnson Bigler Donated Cement Roof Fab-Con Donated Electrical 300.00 Steel Doors Donated Artificial Grass Base 400.00 $ 4,850.00 CONSENT MEMO TO: John K. Anderson, City Administrator V FROM: Dave Hutton, City Enginee rr � SUBJECT: Pavement Preservation Project No. 1988-8 DATE: September 29, 1988 INTRODUCTION: Attached is Change Order No . 1 for the Pavement Preservation Project. BACKGROUND: Earlier this summer, City Council authorized staff to install a concrete pan along Horizon Circle to intercept stormwater runoff that was affecting property owners along County Road 16 . At that time, staff indicated that this work could be added on to one of our existing contracts by change order. Attached- is Change Order No . 1 for the Pavement Preservation Project No. 1988-8 in the amount of $5,180 .00 to do this work. The contractor for this project is Hardrives, Inc. Staff is requesting approval for this change order so that we can authorize our contractor to proceed with the work. The original contract for this project is $128 ,537 .90 . This change order represents an increase in the contract of approximately 4% . ALTERNATIVES: 1 . Approve Change Order No. 1 . 2 . Deny Change Order No. 1 . RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED; Authorize the appropriate City officials to execute Change Order No. 1 in the amount of $5 , 180 .00 to Hardrives, Inc . for the Pavement Preservation Project. DH/pmp PAVEMENT PROVIpE 2- CURB ` OI'ENINC� .. I � 72° 14' i' y IyLi L 1 10 \ / ,Q z�pF 1 Ali =f 2 i V N A / N �✓ v - r N Y PROPOSED CONE. -" IV V 10 g _C) — 1— , b x 6X Ic. WWF S E C T I O N A-A . //aana NOT TO SCALE SSI HU. Go HQR (i0N DIRIVE CHANGE ORDER ,r j Change- Order No.: 1 Project Name: Pavement Preservation Date: September 29, 1988 Contract No.: 1988-8 Original Contract Amount $ 128,537.90 Change Order(s) No. — thru No. — $ -0- Total Funds Encumbered Prior to Change Order $ 128,537.90 Description of Work to be (Added/Deleted): 8' wide concrete cross - gutter at Horizon Circle. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be increased by $ 5,180.00 The number of calendar days for completion shall be increased by 7 I Original Contract Amount $ 128,537.90 Change Order(s) No. 1 thru $ 5,180.00 Total Funds Encumbered $ 133,717.90 Completion Date: October 8, 1988 The undersigned Contractor hereby agrees to perform the work specified in this Change order in accordance with the specifications, conditions and prices specified herein. Contractor: By: Title Date: APPROVED AND RECOMMENDED: City Engineer Date APPROVED: City of Shakopee , By: Approved as to form this mayor Date day of 19 _ City Administrator Date City Attorney City Clerk Date CONSENT Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: V.I.P. Extension Assessments Date: September 29, 1988 Introduction Council has levied $24,442.17 in special assessments for the V.I.P. Extension against city property. Background The City has paid special assessments against city property out of the General Fund as past practice. I am suggesting that Council pay the above special assessments now out of the General Fund fund balance in order to save on interest costs for the General Fund, avoid handling costs in the future, avoid future General Fund budgetary outlays and in general "clean-up" the books. Alternatives 1. Pay now out of General Fund 2. Pay over 10 years out of General Fund Recommendation Alternative No. 1. Action Reguested Move to transfer $24,442.17 form the General Fund to the 1987A Improvement Debt Service Fund in order to pay off special assessments against city property. GV:mmr ii CONSENT Memo To: John K. Anderson, City Administrator From: Marilyn M. Remer, Personnel Coordinator Re: Recording Secretary Employment Agreement Date: September 23, 1988 Information Attached is an employment agreement between the City of Shakopee and Carol L. Schultz, who is being hired as Recording Secretary for the City Council meetings. She may also serve occasionally as back-up Recording Secretary for Planning Commission meetings. Background In the past, this position was compensated as Professional Services with no payroll withholdings. A Federal law requiring a mandatory medicare deduction (1.458) for new hires was passed in 1986, therefore in order to comply, this individual/position must be processed through the employee payroll system. Action Reauested Authorize staff to enter into an employment agreement with Carol L. Schultz to provide Recording Secretary services at the hourly pay rate of $6.75 effective September 20, 1988 with the hourly pay rate increasing to $7.15/hr. January 1, 1989 contingent on a satisfactory three-month job performance review. EMPLOYMENT AGREEMENT Under the terms of this agreement, Carol L. Schultz is hereby contracted to serve as parttime Recording Secretary for the City of Shakopee effective September 20, 1988. Employee shall be compensated at the hourly pay rate of $6.75/hr. for the attendance and subsequent transcribing of the minutes of the City Council meetings. Employee may also serve as back-up Recording Secretary for Planning Commission Meetings. Job performance will be reviewed in three months by the City Clerk. Contingent upon a satisfactory job evaluation the hourly pay rate will increase to $7.15/hr. effective January 1, 1989. Applicable taxes shall be withheld in compliance with State and Federal Statutes. No benefits shall accrue. This agreement may be terminated by either party upon a two- week written notice. In witness, where of, the parties have executed this Agreement at Shakopee, Minnesota on the day of September, 1988. EMPLOYEE EMPLOYER Mayor City Clerk City Administrator OONb" EN I Memo To: John K. Anderson, City Administrator From: Marilyn M. Reiner, Personnel Coordinator Re: Recording Secretary Employment Agreement Date: September 23, 1988 Information Attached is an employment agreement between the City of Shakopee and Andrea M. DeJoy, newly hired Recording Secretary for the Planning Commission meetings. She may also serve occasionally as back-up Recording Secretary for City Council meetings. Background In the past, this position was compensated as Professional Services with no payroll withholdings. A Federal law requiring a mandatory medicare deduction (1.458) for new hires was passed in 1986, therefore in order to comply, this individual/position must be processed through the employee payroll system. Action Requested Authorize staff to enter into an employment agreement with Andrea M. DeJoy for Recording Secretary services at the hourly pay rate of $6.75 effective September 22, 1988 with the hourly pay rate increasing to $7.15/hr. January 1, 1989 contingent on a satisfactory three-month job performance review. EMPLOYMENT AGREEMENT Under the terms of this agreement, Andrea M. DeJoy is hereby contracted to serve as parttime Recording Secretary for the City of Shakopee effective September 22, 1988. Employee shall be compensated at the hourly pay rate of $6.75/hr. for the attendance and subsequent transcribing of the minutes of the Planning Commission meetings. Employee may also serve as back-up Recording Secretary for City Council Meetings. Job performance will be reviewed in three months by the City Clerk. Contingent upon a satisfactory job evaluation the hourly pay rate will increase to $7.15/hr. effective January 1, 1989. Applicable taxes shall be withheld in compliance with State and Federal Statutes. No benefits shall accrue. This agreement may be terminated by either party upon a two- week written notice. In witness, where of, the parties have executed this Agreement at Shakopee, Minnesota on the day of September, 1988. EMPLOYEE EMPLOYER Mayor City Clerk City Administrator /a N ro N ro N ro N NN N ro N - - J N M J y JJ J y n eo 0 o n 0 N f a ♦ N • a ♦ .p ♦ 0 • m • J ♦ 0 0 J • m • a VI W F Z Y O K O O T D N N N N N N NN N N m 0 0 0 0 \ \ 0 m0 O m m m m m m m m mm m m m 'm a z O NN C_ _ 00 Nm mm WY 00 _ NN mm Nm WW mN Nom m o0 00 as Nm eo YW NN Nep roN wY o0 r m O O n O n m Y-1 N V D O 4 x m K 03 S O K DD < D O S 9 mm Z F m 2 y D D O 0 O O O D C T C C C 00 y O C O m 1 m O T Z A K Z O a m o o m o x s i cc A m m i m p m z zz m n a o m mm o z F c z a i m rr r n i T y m n mn m m m y z tia T y a C C O O A a0 A a C y D T A C C C D D m C T < O T 3 r a 9 T 9 m m> m D m m x z x m m m m m a i i i m s 0 m 0 0 O Y y y 4 Z _ s u a o N N N N W 0 wW W Y N u u u w uro i ur ro rc N y i i i i i u u u a z _ !l. u m p u a u uW a �n s we T m � 0 O a 0 i 0 m A m a 0 a m m F F F F F w 6 W_ O o � -PP _N tl nn and N d _ N -_Pptl I 111 111 ' � I pp PbWbb FN N n10�1 Na d 1 1 r oao0o IN no len j O Nwa V P PnPP1 PO N NP P\ y r nnn V q IPIII 1 II 11 1 jP 6 N eNNbN ee o ee _ � -ate ee e e abr o r %a mm 4 JJ O % %wWaW WJ � JJ JQ r F_ W%m W 4J F O 00000 Q6 6 66 y LLLL4 '+ 6 66666 FF � MW %V j > 466 W m Y „ ewu om ww .uz...uz.z .i. o rFFFr i¢ i 44 I`I` mma awmWa O WWWWW Yy tY Q66 Z rFFFr 4 J3 > aw O 22 btltl WW t j J 00 J L Z 2 000 nn NawNPm ao �-ti • ♦ r ♦ PPpp eo �W�Pbe n O WW mFW NI'Ia nn aW d _ n h _ 00 WWb__ 0Pr bb nn roPP z _Np nn 01'1- N W 00000 mm m O \ \ \ 0 0 00m Z NININ NNN \N NN NN N N NNN e \ \ \ \\ 4 O oeooe oe o 0o eo 0 0 O oeo u s Fn m m Na a u ^' NF niaa as e1 nn n n o ^l M1 a • N ♦ NNaNN r NW ♦ N • NN t NN a N N y FFr • NNN N ry N N N NpN N N - J y yJJ n N N NNN N N S 0 W m W m 0 N J W mmW m P • ! e 0 a W a ! t a ! 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N Y 5J 0 r r M fn _ m a m chi I < m r rn a m 9 m 3 a 0 H a O H 0 v ro o o m m H H N N pp 7 m Y m w N F O O w W 0 N Vr w F Y N W V Y Vr O O O Y Vr W W W O W F N Q O Vr O F 0 0 0 N F N Q\ Nm O O 0 0 0 0 N —� 1 0 0 m O w 0 m / � o MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Minnesota Valley Trail Easement - Robert O. Sweeney, Land Owner and Department of Natural Resources DATE: September 30, 1988 Introduction The Department of Natural Resources for the State of Minnesota and Mr. Robert Sweeney have been working on an agreement to would provide trail right-of-way for the Minnesota Valley Trail. They have reached a tentative agreement and have asked the City for conformation of certain steps that are critical to their agreement. Background The City of Shakopee drafted the initial agreement as a three part agreement between the Department of Natural Resources (DNR) , Mr Robert Sweeney and the City. Since that time the DNR and Mr. Sweeney have been able to make progress towards a final agreement that would not directly include the City of Shakopee as a party to the agreement. The only steps that the parties are requesting that the City take are formal vacation proceedings. This request is outlined in the attached letter from JoAnne Krieger, Senior Realty Specialist, DNR dated September 9, 1988. The letter has been noted with a (1) and (2) so that we can respond to their specific requests. Question No. 1 regarding the use of the unvacated portion of Market and Minnesota Streets can be answered in the affirmative based upon precedent set for a private drive on Market Street between First Avenue and the railroad tracks to service a proposed car wash. Question No. 2 requesting the City provide the State and Mr. Sweeney with a letter of intent to vacate the street cannot be done. The City learned that the prior agreement with the railroad to vacate Apgar Street caused a legal problem. What the Assistant City Attorney has advised that we can do, is to state that the City will "institute proceedings according to Minnesota State Statutes" for the vacation of Market Street and Minnesota Street lying north of Bluff Avenue. The City in this commitment makes no formal commitment about the outcome of those hearings. Alternatives 1. The City can choose to facilitate the agreement between Mr. Sweeney and the DNR by sending a written pledge to "initiate formal vacation proceedings. " This particular trail improvement will be a significant recreational addition to the City of Shakopee and has been supported by the Shakopee Community Recreation Department. 2. The City can refrain from providing the letter and thus stay totally out of the negotiations between Mr. Sweeney and the State. This alternative may well cause the negotiations between the two parties to fail. The suggestion that the City would consider vacation proceedings was initiated by the City to move the stalemated negotiations along several months ago. Recommendation Staff recommends alternative No. 1 for the reasons discussed above. Action Requested Direct the appropriate City staff to write a letter to the Department of Natural Resources and to Mr. Robert O. Sweeney making the commitment to initiate vacation proceedings of Market Street and Minnesota Street lying north of Bluff Avenue in accordance with Minnesota State Statutes. SRA/jms rr��Sn�TFAA�T2EE OF 5� % ry UV OlIrINDEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD ST. PAUL, MINNESOTA • 55155-4022 )— DNR INFORMATION lel zl 296-6157 eptember 9, 1988 Mr. John Anderson City Administrator City of Shakopee 129 First Street Shakopee, MN 55379 RE: Minnesota Valley Trail Robert 0. Sweeney, Landowner Scott County Dear Mr. Anderson: As we discussed in our phone conversation today the DNR and Mr. Sweeney will need to have the City establish whether those parts of Market Street lying north of the north right of way line of Bluff Street and south of a line 150 feet north of north right of way line of Bluff Street; and those parts Minnesota Street lying north of the north right of way line of Bluff Street and south of a line 110 feet north of the north right of way line of Bluff Street, will be included in the proposed formal vacating proceedings, along with the proposed vacation of the remainder of Market and Minnesota Streets, lying north of the north right of way line of Bluff Street and the Minnesota River. If they are not to be included in the vacations can these areas be improved with private roadways by Mr. Sweeney and/or his assigns, while remaining public rights of ways? UAlso can the City of Shakopee provide the State and Mr. Sweeney with a Letter of Intent to vacate the above streets, such that the presentation of the letter at the appropriate time will provide for commencement and successful completion of the vacation. Thanks for you cooperation on this matter and I will be in contact with. you as the negotiation proceeds. incerely, Anne (/ enior Realty Specialist cc: Robert 0. Sweeney 504 W. Holmes Shakopee, MN 55379 John Winter, Regional Park Super. AN EQUAL OPPORTUNITY EMPLOYER i MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Tax Increment/Referendum Legislation DATE: September 30, 1988 Introduction The Shakopee City Council, at its September 6, 1988 meeting, directed City staff to investigate ways for the City Council to return all of the tax increment financing (TIF) revenue generated by School District No. 720's March 8, 1988 $1.9 million (19.79 , mills) successful levy referendum to the tax payers. Background I have discussed the possible alternatives with Gene Rienry who attended the legislative session representing cities when the legislation was passed, Jim O'Meara our former bond counsel, and other City staff members to generate a list of possible alternatives. I have also talked to Senator Bob Schmitz and Representative Becky Kelso regarding their sponsorship of city initiated legislation during the 1989 legislative session. The key to the City's ability to turn these new TIF proceeds over to the tax payers is the language in the City's legal documents creating the districts. Those documents state that revenue from the various TIF districts will go into a holding account, and will then be placed annually into the specific debt service accounts as needed. The City's legally binding pledge is to provide revenues that are need for debt service year by year. Alternatives 1. The City might still find a agreeable arrangement with School District No. 720. This would meet the intent of the State legislation as it addressed levies passed before May 1, 1988, and it would be the strong preference of Senator Bob Schmitz and Representative Becky Kelso. 'It would also provide the best opportunity for meeting the City's three goals of: (1) providing property tax relief, (2) insuring debt service payments for Racetrack District No. 4, and (3) assisting the School District with its 1988-89 revenue shortfalls. 2 . The City can, by prior agreement with the Scott County Auditor's Office, take TIF money annually from its holding account that has been collected as a result of the March 8, 1988 levy, and turn it over to the County Auditor to be distributed proportionately to the various taxing jurisdictions thus reducing their annual tax levies. These steps would occur annually and not be permanently set. This alternative would be subject to State legislative changes in the 1989 legislative session should School District No. 720 or school districts collectively seek to change the present TIF laws. 3 . The City can request that Senator Bob Schmitz and Representative Becky Kelso, presuming she is re-elected, introduce bills that would return all of the TIF proceeds from the March 8, 1988 levy to the tax payers thus meeting one of City Council's three goals. Attached is a draft resolution that would accomplish alternative No. 3 . This alternative will not work if our representatives do not carry the legislation. Recommendation City Council, in selecting any alternative, should be aware that none of the alternatives would reduce 1989 taxes. To reduce 1989 taxes the City Council would have to allocate roughly $500, 000 from the existing SIF holding account balance prior to the October 25th local government deadline for certifying levies. The money so allocated would be from sources other than the new revenue generated by the March 8th levy. For following years the March 8th levy would be available to accomplish alternatives 1, 2 or 3. Barring an agreement between the City and the School District I recommend alternative No. 3. Action Requested 1. Offer Resolution No. 2962, A Resolution Addressing Tax Increment/School District Referendum Legislation Enacted by the 1988 Legisature, and move its adoption. 2 . Request Senator Robert Schmitz and Representative Becky Kelso present legislation to the 1989 Legislature that would return all of the TIF proceeds from the March 8, 1988 School District referendum to the tax payers. SKA/jms RESOLUTION NO. 2962 A RESOLUTION ADDRESSING TAX INCREMENT/SCHOOL DISTRICT REFERENDUM LEGISLATION ENACTED BY THE 1988 LEGISLATURE WHEREAS, the 1988 Legislature enacted statutes which provide school districts access to all monies generated by local referendum levies after May 1, 1988; and WHEREAS, the legislative intent is for school districts and cities to find a mutually agreed upon arrangement for school district access to local school referendum levies that predated May 1, 1988 to insure that cities fulfill their contractual position of trust with those holding City bonds; and WHEREAS, monies from all previous Shakopee School District referendums have been accruing as additional increment under Tax Increment Financing (TIF) provisions to the City of Shakopee and were therefore incorporated in the cities revenue forecast for debt retirement purposes; and WHEREAS, representatives of the Board of Education of Independent School District No. 720 and the City have met on a number of occasions since May 9, 1988 without finding a mutually acceptable agreement; and WHEREAS, the Board of Education of Independent School District No. 720, by resolution passed September 12, 1988, requested that all revenues, generated by the March 8, 1988 referendum, and currently accruing to the City of Shakopee under Tax Increment Financing provisions, be provided to the school district for the 1989-90 school year by the City; and WHEREAS, a proposed statewide lottery and para-mutual racing in Little Falls, Minnesota and Wisconsin create uncertainty that might interrupt planned revenue generation from Tax Increment District #4 ; and WHEREAS, the City has made a good faith effort in its negotiations by putting forth numerous proposals that would: (1) return most of the Tax Increment proceeds in question to our property tax payers, (2) Meet our fiduciary responsibility to TIF bond holders, and (3) Provide revenue to School District No. 720 in 1988-89 to relieve their General Fund indebtedness; and WHEREAS, the City Council for the City and its bond holders have determined that School District No. 720's September 12, 1988 resolution means that the opportunities for finding a mutually agreed upon arrangement have been exhausted. Resolution No. 2962 Page Two NOW, THEREFORE BE IT RESOLVED, that the City will make TIF proceeds collected as a result of Indepenent School District No. 720's successful March 8, 1988 referendum as follows: 1. That voter approval of School District No. 720's March 8, 1988 levy request be treated as though it were passed after May 1, 1988 to meet the intent of that legislation. 2. That to meet the full intent of the May 1, 1988 changes in the law the State Legislature mandate the recomputation of the voter authorized $1. 9 million referendum mill rate based upon access to assessed value in all City TIF Districts so that the resulting voter approved three year levy will be reduced from 10.79 mills to a rate that will still generate $1.9 million for 1988-89 when combined with the 9 mill permanent levy passed on at the same March 8, 1988 election. 3 . That School District No. 720's estimate of this reduction is 3.79 mills making the three year levy 7 mills and the combined mill rate 16 mills. Adopted in session of the City Council of Shakopee, Minnesota, held this 1988. day of Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1988 City Attorney CONSENT i MEMO: JOHN ANDERSON/CITY COUNCIL FROM: JIM KARKANEN-PUBLIC WORKS SUBJECT: GRADER SPECIFICATIONS DATE: SEPT. 21 , 1988 INTRODUCTION : The 1988 Capital Equipment budget provides for the purchase of a motor Grader for the Street division of the Public Works Department. These specifications are now being presented to the Council for their approval to advertise for bids , open bids on October 19th, 1988, and award to the lowest/best bidder on October 25th , 1988. We will trade in our 1969 Caterpillar grader. BACKGROUND: Our 1969 Caterpillar motor grader is scheduled for replacement this year. This type of machine is still important to our operation because of the many gravel streets, roads and alleys that the City maintains, as well as being an integral part of our snow plowing and removal operations. The APWA recommends replacing this type of machine every 12 to 15 years , depending on usage, and our machine is approaching its 20th year shortly. The specifications that we are presenting , are written up in general uniformity with those used recently by the Scott County Highway Dept. (2 machines ) , and the cities of Eagan, Maple Grove and Lakeville . The grader which we have specified will be equipped with a snow wing, a V-Plow, and a one-way plow which will be mounted on the front of the machine with a quick coupler attachment. The specifications are written so that four different machines could meet our specifications, but two of these vendors have not been bidding consistently with the other communities lately, and we feel that this is partly due to the fact that the most recent specifications from other communities have been more restrictive to obtain a better quality machine to protect their long range investment, however, we feel' that two of the bidders will be very competitive in their bidding. All of the specifications which we have reviewed are using a Total Cost Bid concept which features a guaranteed buy-back plan which gives us the option of returning the machine to the vendor, within a specified time of 5 years or 6 ,000 hours, if we are not satisfied with its performance. A performance bond is required while the repurchase period exists , to protect our buy back option. This buy-back feature has become very popular with governmental agencies because it protects them from being "stuck" with a machine that meets minimum specifications , but is not durable or dependable enough to protect or justify the agency' s large investment in this purchase for the next 18 to 20 years . We bad used this Total Cost Siddine concept previously in 1984 , when we purchased our Case W-20 front end loader 4 1/2 years ago, so that we would have the option of returning the machine to the vendor if it, did not perform to our expectations , or we could keep the machine for another 8 to 10 years . The buy- back option on the Case loader will probably be implemented in early February 1989, and we have planned for this proposed turnback by providing money in the 1989 Capital Equipment budget to re-bid the front end loader. The current market for this vintage Case W-20 loader is in the low $20,000 range, but our bid proposal will require the Case distributor to repurchase this machine for $48, 000 . We have a performance bond for $48 ,000 from the Case vendor which will require the vendor to buy back the machine before the 5 years option expires. Another feature of the Total Cost Bidding concept that we will use is a Guaranteed Maximum Repair Cost that protects the City from any unusual repair costs outside of the manufacturers standard warranty which is normally for a one ,year period. This is actually an extended warranty that is used more commonly with automobiles and appliances . This extended warranty will provide parts, service calls and labor to the City for a period of 5 years or 6 ,000 hours if needed. This warranty excludes normal wear of the machine, such as tires , glass breakage, and cutting edge replacement. The vendor is also obligated to supply us with a replacement machine or $45 . 00/hour for a replacement if downtime is experienced within the warranty. The Total Cost Bid, when tabulated, will show a best bid total which will determine the best cost to the City in a long term concept. 1 . Cost of machine bid 2 . less - trade-in ( _) 3 . City pays this amount only 4 . add - Guaranteed maintenance (+ ) 5 . subtract - guaranteed repurchase ( _) TOTAL COST BID (to determine Best TOTAL cost to the City ( in a 5 ,year period) The Total Cost Bid purchase plan is not always bid by all of the vendors, which indicates that they don' t want to guarantee their machine for 5 years, nor do they want to buy back their machine if it doesn' t perform as indicated. The warranty plan would not cost them unless the machine has problems , and the buy back would not be implemented unless the machine does not perform well . (One of the bidders will not even honor their factory warranty unless the City agrees to use only their motor oils and grease . ) This Total bid concept will not cost the City any more in the bid price but does guarantee us that we will buy a better quality machine as a long term purchase. 9-f Of course we can expect some objections from some vendors who do not want to extend any warranties beyond the normal factory warranty, and we will hear objections from some vendors who do not want to provide a repurchase guarantee, nor do they want to provide a performance bond that could possibly be held for the full warranty period of 5 years. One of the reasons that we want an extended warranty, and buy back guarantee, is our past history of experiencing troubles with some of our heavier pieces of equipment. Our 1969 grader had an engine overhaul and electrical fire during the first 2 —_- -years of._possession, fortunately the vendor absorbed the repair costs ; our 1975 Fiat/Allis loader had an engine overhaul at 3 years, (we paid for this repair ) , plus the fact that we are not entirely satisfied with the 1984 Case loader. So, with the past experiences previously stated, we want assurances that we will purchase a motor grader that will not provide any problems outside of normal maintenance, or create any financial hardships in the next 20 years. ALTERNATIVES : 1 . Approve specifications as submitted, set bid letting date for October 19th, 1988 at 2 :00 PM local time. 2. Approve specifications without Total Cost Bid concept. 3 . Do not approve specifications for motor grader RECOMMENDATION: Alternative #1 . Approve specifications with Total Bid Cost concept as submitted. ACTION REQUESTED: Authorize the Public Works department to advertise for sealed bids for a motor grader, setting bid letting date for 2 :00 PM, October 19th, 1988 . CITY OF SHAKOPEE NOTICE OF ADVERTISE*LENT FOR BIDS FOR ONE ( 1 ) NEW MOTOR GRADER BIDS CLOSE OCTOBER 19TH, 1988 NOTICE IS HEREBY GIVEN: The City of Shakopee will receive bids at the office of the City Administrator until 2 : 00 - PM. , on Wednesday, October 19th, 1988, at which time they will be publicly opened in the council Chambers of the City Hall , 129 East 1st Ave. , Shakopee, Minnesota 55379 , by the City Administrator, will then be tabulated and will be considered by the. Council for: ONE ( 1 ) NEW MOTOR GRADER according to the specifications on file in the office of the City Administrator, 129 East 1st Ave. , Shakopee, Minnesota 55379. Each bid must be accompanied by cash, certified check , or bidder's bond acceptable to the City in an amount equal to at least five ( 5%) percent of the total amount of the bid, payable without condition to the City of Shakopee. In case the successful bidder fails to enter into a contract or to provide a performance bond as required by law within the specified number of days after the award of the contract, such check shall be forfeited to the City as liquidated damages . The City of Shakopee reserves the right to reject any and all bids and to waive any informalities or irregularities herein as they deem to be in the best interest of the City. By order of the Cita' Council: JOHN K. ANDERSON CITY ADMINISTRATOR INSTRUCTION TO BIDDERS 1 . GENERAL A. INTENT OF CONTRACT It is the intent of these specification to describe a new Motor Grader as furnished, shall be of the manufacturer' s latest model and design. It is the intent of the City not to be restrictive to any one manufacturer, however, the unit desired must meet the enclosed standard. and any unit furnished which does not comply with the specifications will be rejected and returned to the bidder. To gain consideration as an "approved equal" , the prospective bidder must make a similar machine available to the City during that period so the City can evaluate it' s performance. In addition, the prospective bidder shall furnish a list of cities in the State of Minnesota, preferably in' the seven county metropolitan area, who are currently operating the model of the machine intended to be considered as an "approved equal" . Following review of the machine and information furnished, the City will notify the prospective supplier if the machine can be classified as an "approved equal" , and whether it meets the specifications. This notification shall be given at least two days prior to the opening of the bids. All units bid shall be current production model machines furnished as specified and ready to operate . All Parts required for a complete unit and necessary for safe operation shall be furnished. It shall be equipped with the equipment and published literature for the unit. The complete unit as furnished shall meet all current federal highway safety standards and all current OSHA requirements. Catalog information showing the make, model and complete specifications of the unit the bidder proposes to furnish shall accompany the bid. If the bidder's proposal is not in strict accordance with these specifications , the bidder must so indicate and describe any deviations in his proposal . It is the intent of the City not to be restrictive to any one manufacturer. However, the unit desired must meet the enclosed standards, and any unit furnished which does not comply with the specifications will be rejected and returned to the bidder. B. WARRANTY The successful bidder shall guarantee the unit and appurtenances for a period of at least 1 ( one) year from the date of delivery. Any manufacturers warranties which exceed the 1 year period shall also apply. All warranties proposed by these specification and proposal shall apply where applicable. The supplier shall guarantee the machine against defective materials and/or workmanship. Any material found defective within the guarantee period shall be replace at the manufacturer' s expense including labor. C. SERVICE The bidder shall state in his proposal the location of the nearest stock of repair parts or servicemen who may be called if required. D. DELIVERY The successful bidder shall deliver the complete unit ready for operation to the Public Works Dept. , 500 Gorman St. , Shakopee, Minnesota. Bidder shall state delivery date or delivery under this contract must be made within ninety ( 90 ) days following contract award. E. PAYMENT Payment will be made within 30 days following the acceptance of the equipment received. F. NON-DISCRIMINATION The contractor shall be in compliance with all applicable federal and state statutes and the City of Shakopee' s affirmative action program regarding non-discrimination and equal employment opportunity. Failure to comply with such statutes and/or affirmative action program may lead to the non-award of the contract or once a contract has been let , the cancellation of such contract. G. TAX EXEMPTION The City of Shakopee is an instrumentality of the State of Minnesota and is therefore not subject to the State sales tax or Federal excise tax. Appropriate certificates shall be furnished if required. H. IN SERVICE TRAINING A trained factory representative shall provide the City with training and instruction in the operation and maintenance of the unit at no cost to the City. I . MANUALS The successful bidder shall furni�sis`he City with: 2 operator's manuals lubrication chart 2 parts manuals 2 complete service and repair manuals J. AWARDS Award of contract by the City of Shakopee will be based upon but not necessarily limited to the factors of ( 1 ) Price; ( 2 ) Parts and service; ( 3 ) Analysis and comparison of specifications details ; ( 4 ) Delivery date ; and ( 5 ) Past experience with similar or related equipment . It is the intent of the City of Shakopee to award the bid to the lowest responsible bidder meeting the specifications, provided that the bid has been submitted in accordance with the bid requirements . The City reserves the right to waive any informality or irregularity in any bid received; and to award the bid which is in the best interest of the City. Bids will be opened at 2 : 00 p.m. , October 19th, 1988 at which time they will be reviewed, tabulated, and then considered by the Council for award the following scheduled Council meeting date . K. TRADE-IN The City will trade-in a used 1969 Caterpillar Motor Grader , Model 120 , Serial :14K2039 equipped with wing and wing mast, which may be inspected at the Public Works Building at 500 Gorman St. , Shakopee , Minnesota, phone 612-445-2211 . This unit is considered to be in good condition. L. SIDS Proposals or bids must be written and conform to the form hereto attached and directed to the City of Shakopee , Minnesota. All bids must be sealed and marked "BID ON MOTOR GRADER" and must be accompanied by a certified check, cashier' s check, bid bond or cash deposit payable to the City of Shakopee, for not less than five ( 5%) percent of the total bid price. In case the successful bidder fails or refuses to enter into the contract for the performance of the contract and to give bond as required by law, such check shall be forfeited to the City as liquidated damages . The bidder shall not stipulate in his proposal any conditions not contained in the contract conditions prescribed by the City. The City reserves the right to hold all bids for ninety ( 90 ) days. The bidder will also be required to provide a Performance bond to provide a guarantee to Repurchase the machine as required in the proposal form (Line item 114 ) . CITY OF SHAKOPEE PUBLIC WORKS DEPARTMENT BID SPECIFICATION FOR ONE ( 1 ) NEW ARTICULATED MOTOR GRADER INTENT OF CONTRACT: Furnish and deliver to the City of Shakopee , Public Works Department one ( 1 ) new MOTOR GRADER meeting or exceeding the specifications in this proposal . Bid price to include the cost of the new machine LESS trade-in of one used unit , plus guaranteed five year repair costs , scheduled maintenance costs , and a guaranteed repurchase price after five years . GENERAL SPECIFICATIONS : units bid shall be currently advertised and produced models with all the latest changes and features offered as standard whether called for in these specifications or not, except where specifications call for a substitute feature or item in lieu of manufacturer's standard. WEIGHT: The basic operating weight of each machine, without attachments , shall not be less than 28 , 000 lbs. Specify weights of the following: Basic Machine Attachments as specified herein Snow wing V-Plow Front one way plow TOTAL WEIGHT OF MACHINE ENGINE: Shall have the following specifications : Displacement: Not less than 400 C. I .D. Cylinders: Not less than 6 cylinders Cycles : Four ( 4 ) Horsepower: Variable 150 to 180 H.P. Gears 1 & 2 180 HP min. : Gears 3 thru 6 using an automatic fuel rack setting . Fuel: Capable of operating on #2 diesel fuel . Fuel tank capacity: 70 gallons minimum. Air cleaner: Safety element dry-type 2-stage with service indicator that meets 81 decibels using SAE recommended measuring practice J88. Muffler: Low noise type . Rain cap on exhaust stack if discharged vertically. Starting aids : Low temperature assistance Anti-freeze: To -40 degrees F. i p TRANSMISSION: Shall have the following preferred specifications : Type : Full power shift direct to engine. Safety Lock: Shall be provided to prevent accidental engagement. Controls: Single lever for both gear and direction. Speeds : Not less than six forward, six reverse. Disconnect valve: Aid for cold weather starting. DIFFERENTIAL: Manual-Lock-Unlock in all gears , forward and reverse. FINAL DRIVES : Planetary with full floating axles . Tandem Centers : 59 inch minimum Chains : Capable of using chains on all four tandem wheels . BRAKES : Shall have the following preferred specifications : Type: Fourwheel oil disc ( including air dryer if air actuated) Adjustment: Self-adjusting. Braking surface: 3 , 000 Sq. in. , minimum. OSHA: Brake system must meet regulation. Low Pressure warning: Both audible and visual . Air System: Minimum of two separate systems with air dryer type AD2 . PARKING BRAKE: Shall have the following preferred specifications: Type: Oil type, multiple disc preferred. Must neutralize transmission upon application. Must stop and hold unit on 15% grade and meet all OSHA regulations. STEERING: Shall have the following preferred specifications: Type: Articulated full hydraulic. Assistance: Indicator to show degree of articulation. Wheel Lean: 18 degrees left or right. Wheel : Tilt adjustable. Front Wheel Turning Range: 50 degrees left or right. Turning radius: Maximum 24 feet. HYDRAULICS : Shall have the following preferred specifications: Type: Constant response at all engine speeds . Minimum 50 gallon/minute pump. Filter: Full flow with magnet. Control Console: Adjustable positions. Drift Prevention: Provide lock valves on all circuits. Shall provide hydro blade float, control valve and lines to float for plows drift prevention: lock prevention to be provided on each control circuit. CIRCLE: Shall have the following preferred specifications : Rotation: 360 degrees. Wear adjustment: Adjustable for wear. Support: Minimum of six support shoes . MOLDBOARD: Shall have the following preferred specifications : Length: 14 feet one-piece reinforced box section. Thickness : Not less than 7/8 inch . Adjustment : Hvdraulic tilt and sideshift . Cutting edges : 2 sections 7 ft. X 5/8 in . X 8 in. harden blades guaranteed against breakage. Reversible end bits . Blade extensions: Furnish one complete 2 ft. left blade extension. TIRES : Shall be as follows: Size: 14 : OOR24 Michelin BRAT Rims : 10 inch CAB: Shall have the following preferred specifications : General : OSHA approved, full height, all weather, HOPS ( fully enclosed with lockable doors ) insulated for sound suppression and all season weather. Pressurized for summer operation. Meets OSHA level of less than 88 DBA average for 8 hrs . Heater: 40, 000 BTU/Hr. minimum. Heavy duty type with 2 speed fan. Defrosters : Front and rear. Wipers : Three front and 1 rear, electric. Washers: Front. Seat: Suspension adjustable seat with seat belt. Horn: Electric with easy accessible button. Glass : Tinted or non-glare glass , safety type set in rubber. Mirrors : One inside . Two outside. (left and right) . Radio: Provide and install a 2-way FM low band Motorola Model D31 TRA 400 K Maxar 25 watt output radio. Frequency 45 . 080 private line tone CTS 103. 5 HZ with proper antenna. This radio shall be installed with the proper antenna. If a 24 volt system is bid, a TUN 6868 Newmar 24 V DC-12 Volt convertor shall be provided and installed. Cab sound suppression to 88 DBS for 8 hrs . PAINT: Manufacturer's standard color. ELECTRICAL SYSTEM: Shall incorporate the following requirements : System: 12 or 24 volt. Alternator: 50 amp. Batteries: 172 - amp. hour, heavy duty. Lights : Two headlight - Front mounted adjustable . Two headlights - cab mounted. One rear - mounted floodlights . Two center - mounted bladelights . One 6 inch rear cab mounted "stop" light . One amber wing light. Front and rear turning signals with 4-way flashers. Cab dome light. Instrument panel light. Blue strobe, top cab mounted, Warn-A-Lite 8951 or equal . i /- SNOW REMOVAL ACCESSORIES: The machine shall have the following preferred specifications : PLOW HITCH: Quick disconnect type Husting Hitch Modified, or approved equal , with quick coupling attachment properly mounted in front of machine. WING: 12 ft . hydraulically operated with 5/8" X 8" X 12" . (ASSHTO punched) cutting edge, with hydraulic rear mast. V-PLOW: Hydraulic with positive down pressure and float capabilities. Fall Model V90 or approved equal . Minimum cutting width: 9 ft. 8 in. Cutting edges: 1/2" minimum ASSHTO punched and replaceable nose piece required. Shoes : 3 screw adjustable 1" X 6" X 20" minimum. ONE-WAY PLOW: Frink Model 4511 PISA-RR85 or approved equal , Hydraulically operated, ASSHTO punched, mounted with a female Busting hitch as directed by the City Mechanic . ADDITIONAL EQUIPMENT: The machine shall be equipped with the following preferred specifications : V-Type Scarifier: Mounted forward of the moldboard. Hydraulically operated. Not less than 11 shank holders, with 11 shanks supplied. Scarifying depth not less than 10 inches. ACCESSORIES : Shall be equipped with the following. Gauges : Engine hour meter Engine coolant temperature Engine oil pressure (with audible) Transmission oil temperature Brake indicator eye Ammeter Air pressure (with audible) Electrical system warning indicator Filters : Full flow - engine Full flow - fuel Cartridge type Back-up alarm Slow moving vehicle sign Rear Hitch Vandalism protection locks for fuel, water, hydraulic and engine oil, all access doors. Lockable metal engine enclosure. Engine low oil alarm. Engine rain cap or equivalent . MANUALS : Two operator' s manuals ; two complete shop repair manuals of all components ; two parts books . .All manuals to be delivered to the City before payment will be made. MANUFACTURER' S SPECIFICATION: A complete set of manufacturer's specification and illustrated descriptions shall be furnished with the bid. GUARANTEED MAI\"TENANCE: The vendor contractor hereby agrees to furnish all parts and labor required to keep each unit in good operating condition for 5 "years or 6 , 000 hours , whichever comes first. , for any amount in excess of the cost specified in Item o4 of the proposal . In addition, the warranty repairs shall be handled as follows : There will be no charge for the first year's repairs except for normal day-to-day consumed items (oil , filter , grease, etc. ) The guaranteed maintenance expense for the period following the first year of ownership up to and including the fifth ( 5th ) year of ownership or 6 , 000 hours , whichever occurs first, will be paid by the vendor-contractor for any amount IN EXCESS of the amount shown inItem4 of the proposal except as follows: The City will be responsible for all cost of repair due to: fire vandalism theft operator negligence accident mechanic negligence In addition , the city will assume and be responsible for the costs of: tires tire repairs lubricating oils anti-freeze filters cutting edges grease glass breakage fuel electrical parts alternator other day-to-day items brake linings normally consumed Components which are covered by the dealer's guaranteed maintenance agreement shall include the following: engine turbocharger or blower transmission regular brakes differentials emergency brakes ' clutches or torque moldboards convertor front axle final drives steering system tandems hydraulic system wheels implement controls lines hyd & elec. articulation ,joint frame circle cab tilt arrangement drawbar sideshift arrangement valves scarifier Any costs as a result of shipping the machine (or parts ) to/from the vendor' s shop for maintenance or repair will be borne by the vendor after the amount shown in Line ITEM #4 has been exceeded. of MAINTENANCE: The Shakopee Public Works Department agrees to provide such preventative maintenance and daily and monthly services as described by the manufacturer. DOWNTIME: Throughout the five-year period, the vendor-contractor agrees to furnish at no cost to the City of Shakopee after any continuous 72-hour period of inoperation of the unit (due to -need of mechanical repairs ) a unit in good operating condition equivalent to the units called for herein, until the unit is repaired and in operation. Should the contractor fail to provide a unit acceptable to the City of Shakopee the contractor hereby agrees to credit the City of Shakopee 845 .00 per hour for all downtime after the period cited above. Any units furnished or any monies credited are not to be construed as a penalty, but as liquidated damages to compensate for additional costs incurred by the City of Shakopee. SERVICE FACILITIES: The bidder will certify that he maintains an adequate stock of parts and employs qualified servicemen within the area available on short notice. Bidders shall submit detailed specifications or listings of all machine support capabilities. Listing shall include, but not be limited to field service support, available shop space, technical tools, parts backup systems , training, etc. TRAINING PERIOD: The contractor agrees to provide a training program for City employees in sufficient scope to assure efficient and economical performance and maintenance of the equipment. REPURCHASE: The City of Shakopee retains the right to sell or trade or otherwise dispose of the equipment, purchased under the contract, at its discretion at any time . Should the City of Shakopee decide to sell or trade this equipment during the five ( 5 ) year period, the contractor hereby agrees to submit a bid in any amount not less than the repurchase price set forth in his bid on this contract. Should the City of Shakopee trade or otherwise dispose of the equipment, such action will make this contract null and void for the machine. A performance bond will be required to protect the City from any breach of contract. TIRES: The City agrees to maintain the tires on the unit and to be liable for any tire damage beyond normal wear. Tires , at the expiration of the five ( 5 ) year period will be, at the least, suitable for recapping . If not suitable for recapping, the Contractor may deduct, from the guaranteed re-purchase price, the difference between the actual value of the non-recappable on the machine and the current value of an equal number of recappable tire, at the City' s normal price. BOND: The successful bidder will be required to furnish a REPURCHASE PERFORMANCE BOND to protect the City of Shakopee against any breach of the contract regarding the REPURCHASE requirement of this proposal (Line Item S4 . ) This PERFORMANCE BOND shall be 25% of Line Item 41 (of the proposal form) and this Repurchase bond will. remain in effect for the entire contract period to assure performance of all conditions of this contract. DEMO: Bidders must have available a machine of the same model bid to the City of Shakopee for one 8-hour day period prior to award of contract, if required. Snow equipment is not required. BASIS OF AWARD: Award of the contract by the City of Shakopee will be based upon the factors of the guaranteed total cost concept .( Item 7 of the Proposal ) . However, delivery date , parts and service facilities , analysis and comparison of specification details and past experience of the City of Shakopee shall be considered in arriving at the decision of what constitutes the best bid. The Council reserves the right to reject any or all bids and to award to other than the lowest bidder if in its judgement the best interests of the City of Shakopee are hereby served. Only firm prices F.O.B. Shakopee , Minnesota, will be considered and bid must be accompanied by a certified check or bidder's bond. Delivery must be within 90 days of award or the vendor-contractor must furnish similar sized machines , in good condition , for the City of Shakopee use until delivery is made . DELIVERY: The motor grader is . to be delivered to the City of Shakopee, Public Works Department, 500 Gorman St. , Shakopee, Minnesota. The Trade-in machine will be available at that time if 48 hours notice is received. TRADE-IN: One 1969 Caterpillar Motor Grader, Model 120 , Serial 414K2039 . equipped with wing and wing mast. UNIT 4105 . CITY OF SHAKOPEE BID PROPOSAL FORM 1 . MAKE & MODEL OF EQUIPMENT BEING BID: COST $ 2. LESS TRADE-IN - CITY UNIT 4105 TOTAL TRADE VALUE $ (- ) 3 . PURCHASER PAYS ONLY THIS AMOUNT $ 4 . GUARANTEED MAXIMUM REPAIR COST for 5 years or 6 ,000 hours, whichever occurs first. The agency pays for only repairs needed up to the maximum which SHALL NOT EXCEED: TOTAL ITEM #4 3 (+ 1 5 . GUARANTEED REPURCHASE at the end of 5 years or 6 ,000 hours (Bonded Repurchase) TOTAL ITEM #5 6 . TOTAL COST BID ( Item #3 , plus Item #4 , less Item #5 ) . $ This total will determine the best total bid available to the City for a contract length of 5 years or 6,000 hours. DELIVERY DATE DAYS AFTER AWARD NOTE: Bidder must bid on all items and will be paid only Item #3. Total Cost Bid ( Item #6) will determine the bid which would be in the best interest of the City. Failure to bid on all items will disqualify bid. NAME OF BIDDER ADDRESS SIGNED BY (Title) CONSENT Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Certification of Delinquent Storm Drainage Utility Bills Date: September 28, 1988 Information Pursuant to Ordinance No. 176, past due storm drainage utility bills in excess of ninety days past due of October 1st of any year, may be certified to the County Auditor for collection with real estate taxes. Background Attached are lists of delinquent storm drainage utility accounts and Resolution No. 2957 certifying such to the 1989 Real Estate Taxes. Notices have been sent to these property owners advising them of this action. —~ Action Requested Move to adopt Resolution No. 2957, a Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1989. GV:mmr RESOLUTION NO 2957 A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1989 WHEREAS, the Shakopee City Council did create a storm drainage utility pursuant to Ordinance Number 176; and WHEREAS, the storm drainage utility is supported by user fees collected by utility bills; and WHEREAS,some utility bills are delinquent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, that the delinquent storm drainage utility bills on the attached listing are _ hereby certified to the Scott County Auditor for collection with the 1989 property taxes. - Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 4th day of October, 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of October, 1988. City Attorney EPECIAL P6EEEEMENT NOLLE PID MMN1C CD LEVY AMT 27001029C .. ., 514.45 270010310 27 73 4445 270010340 27 72 $180.61 271M105-0F 73 5321.4' .70010601 7: 5285.05 270010:11 __ '3 551 14 210010730 c 73 112 79 270017420 27 $4°.53 270011501 27 73 $44.59 270011650 '_7 73 $81-75 270011901 73 S'ci.L 270011940 27 73 514.45 2704Y2 270012900 27 73 f19 45 270014090 27 7-- 449.53 270014130 27 73 510.85 270014630 27 73 $14.45 270015430 27 73 422.24 270015440 -- 27 73 $10.85 270015570 27 73 534.80 270015620 27 73 M.41 270015708 27 73 $46.76 ':70016230 27 73 £10.85 27001634D 27 73 $48.73 27001E52P 27 73 510.85 270017600 27 73 S22.24 270017690 27 73 $10.85 270018260 27 73 514.45 270018280 27 $14.45 270018450 27 73 £14.45 270020260 27 73 545.52 2;0030050 27 73 $14.45 270040050 27 72 £14.45 270040210 27 73 $14.45 270040230 27 73 $14.45 270040&50 N 73 414.45 270040950 F T $14.45 270041050 27 73 £19.65 270041100 27 73 $14.45 2]0041170 27 73 55978 270041180 27 73 $43.31 270041250 27 73 $143.07 270041240 27 73 $14-45 270041910 27 73 $14.45 270091660 27 73 $14.45 270541710 27 73 $14.45 270060140 27 73 $14.45 270060170 27 73 $265.29 270060190 27 73 1149.43 270100170 27 73 414.95 270120010 27 73, f2--.-4 270120090 27 73 $49.53 270120640 27 73 548.04 270150120 27 73 $7.66 270150140 27 72 612'1.62 270170260 27 73 04.45 '-PE.CI L N"E::KNT POI 1_ PTB XES+SC EO LEVY M1T 27017C400 27 73 £14.45 270170460 27 73 514 45 270170630 2 73 SIA.45 2'0171,790 27 73 f14 45 270240360 c 79 t14 45 flo 45 2702405-0 27 ._ 114.45 27?241030 27 73 $14 45 279290040 27 71 $14 45 270310020 27 T. $14 45 270310100 27 73 514.45 270350010 27 .,. f'_5a 270360090 27 _ _ 73 $14.45 270360210 27 73 --- -f A--4 --- -- 270360290 27 73 $14.45 270360340 27 73 f14 45 270360470 2i 73 $14.45 270360680 27 73 $14.45 270360760 27 73 £14.45 270370110 27 73 SIAA5 27040[29[ 27 73 SIA 45 270400330 27 73 514.45 70410100 27 73 £14.45 270410130 27 73 S14A5 27[91[170 27 73 £14.45 2704108.50 27 73 f28.90 270430030 27 73 f14.45 270430040 27 73 $14.45 270430060 27 73 $14.45 2704/0010 27 73 $14.45 2270470210 27 73 $14.45 27'686010 27 73 UA 45 21-0500050 27 73 $14.4.5 2.10510210 27 73 $28.96 27[520[70 27 79 514.45 270520531 27 73 f14.45 270530010 27 73 $14.45 - 270560140 <r 73 514 A5 2270590010 21- Ta $14,49 270590040 27 73 f14,45 270600040 27 73 $14.45 276610880 27 73 SIA A5 270610160 27 73 914.45 270610240 27 73 £14.45 :70620160 27 73 $14 A5 270620310 27 73 f1A.A5 270620040 27 514.45 270638090 27 73 $14.45 270630180 27 73 514.45 - 270710020 27 7 514 A5 ` 270750010 27 73 $42 60 270750020 27 73 S2?9.41 270799950 21- 73 $221.10 270820120 27 73 $14 45 2708BC960 227 73 SIA 45 270860520 27 73 52303.43 li 'WCIC Hc_E"t hff RXL'_ PID 19.Wic c0 LEVY wl 270870010 37 73 $175.50 27089,.'31 - 73 $31.0'.' 270890050 E7 73 512.'0 270920020 27 73 f19 A5 270520150 27 73 514 45 270920100 27 73 514 45 270920270 27 79 $14 45 270530010 73 $943.28 2710220140 c 72 519.45 271040010 27 ., 434.6' 271090020 27 73 £14.95 271090040 27 73 52,'.71 271040050 27 73 529.68 271110020 27 73 2241.16 271120130 27 73 $19.95 271120170 27 73 $14A5 271130290 27 73 519.5 271170010 27 73 5256.88 .. 2712',0040 - 27 73 $13.57 271280010 27 73 $16.25 271290110 27 73 514.45 271330250 27 73 519.95 ' 279030070 27 73 $766.98 279030130 27 73 $54.18 279040130 27 73 $39.73 279050010 27 73 $118.06 279050020 227 73 5194.70 279050080 27 79 5195.49 1 279050110 'c7 73 $69.91 279050260 27 73 5182.19 279050280 27 73 $245.71 279060410 27 73 514.45 279061420 27 73 519.95 279070200 27 73 4158.72 279080060 27 73 $1288.86 279090122 27 73 516.12 279090130 27 73 576.27 279090140 27 73 $39.73 279120140 27 73 550-.73 279130300 27 73 $14.45 279190310 27 73 519.45 279130350 '27 ",'3 £14 A5 279130380 27 73 514A5 279130550 27 73 $19.45 279130690 27 73 $19.45 2791904.2 27 73 5618.52 279140060 27 73 £19.45 279140070 27 73 $14.45 279140090 27 73 519.45 279140122 27 73 113.72 27-15050 27 79 £1495 279100100 27 73 519.45 '.-79100030 F 73 £14.45 279190151 27 73 $19.95 279190159 27 73 $28.90 279240010 27 73 519,45 SPECIAL A__E- ENT POLL PID "HIC CD LEVY Fit 27929)010 114 49 279290071 27 f14 45 279299091 2' 73 514 45 27929017P 27 73 414 45 TOTAL CFATIFIEC ANIXFIT 113282.BC END OF XE9 FILE )E END OF PPOGPAN *BYE CPU=8. CONNECT=5. IED, 'EP 28, 1588, 12:02 PM Cr/v52 iv7' TO: John K. Anderson, City Administrator I � d COiVSeNT FROM: Gregg Voxland, Finance Director RE: 1989 Budget Resolutions DATE: September 28, 1988 Introduction Attached are Resolution Number 2959 which consents to the HRA tax levy, Resolution Number 2958 which sets the 1988/89 tax levy and Resolution Number 2960 which cancels certain debt service levies. These are in accordance with the discussion and decisions made at previous Council meetings. Background The levy for 1986/87 was reduced from 1985/86 by $83,535 in an effort by Council to hold down the taxes. Also, for 1987 there was a transfer in for - administrative costs for 1979 - 1987 for TIF projects. The 1987 transfer was $364,000 while the transfer for 1988 was only $74,000. There is no transfer in for 1989. The tax levy for payable 1988 was a dollar increase of $332,729 over 1986/87 which was a 248 increase (actual mill rate increased 5.68 from 17.79 to 18.788) . There were three prime reasons for the increase. 1. There was about $290,000 less to be transferred in for TIF expenses. 2. Most revenue sources are not increasing to match the steadily increasing cost of operations. This puts a proportionately greater burden on the tax levy because it is only a part of the revenues but is the part that Council can increase. 3. The legislature had changed the Property tax systemfor 1988 and later d we wereattempting t capture more state aids. The levy for 1988/89 is a 5.98 increase dollar wise from the previous year. This makes full use of the limited levy and cancels all the debt service levies. We will be cancelling all special levies in order to maximize the general levy and minimize the total levy. We have cancelled special levies in order to maximize the general levy for many years. In 1989 the City will be transferring funds from defeased debt service funds into the debt service funds for which we have cancelled levies. The transfers are reflected in Resolution No. 2960. Action Offer Resolution Number 2958, A Resolution Approving 1988 Tax Levy, Collectable In 1989, and move its adoption. Offer Resolution Number 2959, A Resolution Consenting To The Levy Of A 0 Special Tax By The Housing And Redevelopment Authority In And For The City Of .. Shakopee, and move its adoption. Offer Resolution Number 2960, A Resolution Directing The County Auditor Not J �5�� To Levy A Tax For Debt Service For Selected Bond Issues, and move its adoption. RESOLUTION NO 2958 A RESOLUTION APPROVING 1988 TAX LEVY, COLLECTIBLE IN 1989 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following sums of money be levied for the current year, collectible in 1989, upon the taxable property in the City of Shakopee, for the following purposes: GENERAL FUND LEVY $1,841,366 SPECIAL LEVIES: Public Pension Funds 0 TOTAL GENERAL FUND 1,841,366 DEBT SERVICE SPECIAL LEVY TOTAL LEVY 1 841 366 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Minnesota. Auditor of Scott County, Adopted in session of the City Council of the City of Shakopee, Minnesota, held this — day of 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1988. City Attorney RESOLUTION NO 2959 v A RESOLUTION CONSENTING TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 at. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as taxing districts for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE. MINNESOTA, that the City Council consents to and joins in a special tax levy of $30,000 by the Housing and Redevelopment Authority in and for the City of Shakopee for taxes payable in 1989. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1988. City Attorney RESOLUTION NO 2960 A RESOLUTION DIRECTING THE COUNTY AUDITOR NOT TO LEVY A TAX FOR DEBT SERVICE FOR SELECTED BOND ISSUES WHEREAS, the City of Shakopee has issued various bonds supported in whole or in part by tax levies; and WHEREAS, the tax levies for the various bond issues were set at the time of bond sales; and WHEREAS, the City Council of the City of Shakopee has determined to have sufficient funds 0, hand to cancel certain tax levies for 1988/89. NOW, THEREFORE, BE IT RESOLVED that the County Auditor of Scott County is hereby directed not to levy a tax for the bond issues and amounts as shown below: 1980A Improvement Bonds 1985A Improvement Bonds $54,817 1986A Improvement Bonds 6,248 1986E Improvement Bonds 33,308 1986A Refunding Imp. Bonds 28,556 1987A Improvement Bonds 52,745 4,191 BE IT FURTHER RESOLVED that the following irrevocable fund transfers be made in 1989. From the 1977B Improvement Debt Service Fund to; 1985A Improvement Fund 1986A Improvement Fund $ 6,248 1986E Improvement Fund 33,308 1986A Refunding Fund 28,556 1987A Improvement Fund 52,745 4,191 Adopted in session of the City Council Minnesota, held this day of of the City of Shakopee, 988. ATTEST: Mayor of the City of Shakopee City Clerk Approved as to form this day ay 1988. City Attorney vONSENT � 3k; MEMO TO: John K. Anderson, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Vierling Drive Assessments Hauer' s 4th Addition DATE: September 28, 1988 INTRODUCTION: Staff would like to revise the assessment roll that was adopted by Resolution No. 2951 for the Vierling Drive Project in Hauer' s 4th Addition. BACKGROUND: On September 23 , 1988 , City Council adopted Resolution 2951 , which adopted the assessments for Vierling Drive and all other streets constructed within Hauer' s 4th Addition as part of City Project No. 1987-12 . The assessment roll that was attached to the Resolution basically listed one property owner, B&D Development. The Finance Director has now indicated that each lot should be listed separately on the assessment roll. Staff would like to amend the Resolution to include the new assessment roll. Attached is the original Resolution No . 2951 , but a new assessment roll has been attached to the resolution. The total amount being assessed , $424 ,004 .93, has not changed but it has been divided up into 49 lots, rather than one property owner. ALTERNATIVES: 1 . Reconsider Resolution No. 2951 , amend it by adding the new assessment roll and adopt the amended resolution. 2 . Do Nothing. RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: 1 . Reconsider Resolution No. 2951 . 2 . Amend Resolution No . 2951 by attaching the revised assessment roll to it. 3 . Move to adopt the amended Resolution No. 2951 . DH/pmp RESOLUTION NO. 2951 A Resolution Adopting Assessments For Project No. 1987-12 13th Avenue (Vierling Drive) from C.R. 16 to + 3200 Feet Nest Through Hauer's 4th Addition, Jade Circle and Portions of Limestone Drive, Emerald Lane, Onyx Drive and Jasper Road all Located in Hauer's 4th Addition WHEREAS, the City Council of the City of Shakopee met and passed all proposed assessments of: 13th Avenue ( Vierling Drive ) and all other named streets above within Hauer' s 4th Addition by Sanitary Sewer , Watermain, Storm Sewer, and Street Improvements, and WHEREAS, BSD Development, the sole benefited property of the improvements has signed a developer' s agreement with the City and as a condition of that agreement has waived all rights to a public hearing for the assessments and also waived the right to appeal said assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, 1989 , and shall bear interest at the rate of 8 1 /2 percent per annum from the date of the adoptionofthis assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31 , 1989 , and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may , at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty ( 30 ) days from the adoption of this resolution ; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4 . The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year ontheassessment on each parcel of land included in the assessment roll. Adopted in session of the City Council of the City of Shakopee, Minnesota , held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney ASSESSMENT TABLE - HAUERS 4TH ADDTN. PID PROPERTY OWNER : DESCRIPTION ! ASSESSMENT 127-131024-0 1B&D Development ;Lot 5 , Blk. 2 ; $9 ,967 .07 114571 Tyrol Drive !Hauer' s 4th Addtn. ! i !Shakopee, MN 55379 !Shakopee i 127-131025-0 :B&D Development !Lot 6 , Blk. 2 1 $9,967 .07 i : 14571 Tyrol Drive !Hauer' s 4th Addtn. !Shakopee, MN 55379 !Shakopee : 127-131026-0 !B&D Development !Lot 7, Blk. 2 1 $9,967 .07 i 114571 Tyrol Drive !Hauer' s 4th Addtn. : i !Shakopee, MN 55379 !Shakopee : 127-131029-0 !Daniel L. Leadstrom !Lot 3 , Elk. 3 1 $9 ,967 .07 11286 Emerald Lane !Hauer' s 4th Addtn. : 1 !Shakopee, MN 55379 !Shakopee : 127-131030-0 1B&D Development !Lot 4 , Blk. 3 1 $9,967 .07 114571 Tyrol Drive !Hauer's 4th Addtn. !Shakopee, MN 55379 !Shakopee ! 1 ! ! 127-131031-0 1B&D Development !Lot 5 , Blk. 3 : $9 ,967 .07 114571 Tyrol Drive :Hauer' s 4th Addtn. 1 :Shakopee, MN 55379 !Shakopee : 127-131032-0 1B&D Development !Lot 6 , Blk. 3 1 $9 ,967 .07 I 114571 Tyrol Drive 1Hauer' s 4th Addtn. 1 !Shakopee, MN 55379 !Shakopee 127-131033-0 !B&D Development !Lot 7 , Blk. 3 1 $9,967 .07 1 ! 14571 Tyrol Drive !Hauer' s 4th Addtn. 1 i !Shakopee, MN 55379 !Shakopee : ! 127-131034-0 :B&D Development :Lot 8 , Blk. 3 ! $9 ,967 .07 114571 Tyrol Drive :Hauer' s 4th Addtn. !Shakopee, MN 55379 :Shakopee : 127-131035-0 1B&D Development :Lot 9 , Blk. 3 : $9 ,967.07 114571 Tyrol Drive :Hauer' s 4th Addtn. : i !Shakopee, MN 55379 !Shakopee 127-131036-0 1B&D Development :Lot 10 , Elk. 3 : $9 ,967.07 i 114571 Tyrol Drive !Hauer' s 4th Addtn. 1 !Shakopee, MN 55379 :Shakopee : ! : 127-131042-0 1B&D Development :Lot 4 , Elk. 4 ! $9,967 .07 114571 Tyrol Drive !Hauer' s 4th Addtn. : !Shakopee, MN 55379 !Shakopee : : : ! 1 ASSESSMENT TABLE 1 PID ! PROPERTY OWNER i DESCRIPTION ! ASSESSMENT , i27-131043-0 !B&D Development !Lot 5 , Blk. 4 ! $9,907 .07 ! ! 14571 Tyrol Drive :Hauer' s 4th Addtn. ! ! :Shakopee, MN - 55379 - - {Shakopee ! ! ! ! 127-131044-0 ',B&D Development !Lot 6 , Blk. 4 1 $9,967 .07 ! 114571 Tyrol Drive !Hauer' s 4th Addtn. i !Shakopee, MN 55379 (Shakopee ! ! ! ! 127-131045-0 !B&D Development !Lot 7 , Blk. 4 ! $9,967 .07 ! 114571 Tyrol Drive :Hauer' s 4th Addtn. ! ! !Shakopee, MN 55379 !Shakopee I 127-131046-0 !B&D Development !Lot 8 , Blk. 4 1 $9,967 .07 ! 114571 Tyrol Drive !Hauer' s 4th Addtn. ! ! !Shakopee, MN 55379 !Shakopee ! i 1 ! 127-131047-0 ',B&D Development ',Lot 9 , Blk. 4 1 $9 ,907 .07 ', 114571 Tyrol Drive lHauer' s 4th Addtn. ! ', !Shakopee, MN 55379 ',Shakopee I 1 127-131048-0 !B&D Development 'Lot > Blk. 5 1 $9 ,967 .07 ! 114571 Tyrol Drive lHauer' s 4th Addtn. ! ! !Shakopee, MN 55379 !Shakopee I , 2 127-131049-0 ,B&D Development !jLot , Blk. 5 1 $9,967 .07 ! ! 14571 Tyrol Drive !Hauer' s 4th Addtn. ', ! !Shakopee, MN 55379 !Shakopee I 127-131050-0 !B&D Development !Lot 3 , Blk. 5 1 $9 ,967 .07 ! 114571 Tyrol Drive !Hauer' s 4th Addtn. I ! !Shakopee, MN 55379 !Shakopee ! ! ! ! ! 127-131051-0 !B&D Development !Lot 4 , Blk. 5 1 $9,967 .07 ! 114571 Tyrol Drive lHauer' s 4th Addtn. I ! !Shakopee, MN 55379 iShakopee ! ! 127-131052-0 ',B&D Development !Lot 5 , Blk. 5 1 $9,967.07 1 114571 Tyrol Drive lHauer' s 4th Addtn. ', ! !Shakopee, MN 55379 !Shakopee ! 1 , 127-131053-0 !B&D Development !Lot 6 , Blk. 5 1 $9 ,967 .07 ! ! 14571 Tyrol Drive lHauer' s 4th Addtn. ! ! ',Shakopee, MN 55379 !Shakopee I 127-131054-0 ',B&D Development !Lot 7 , Blk. 5 1 $9,967 .07 ! 114571 Tyrol Drive :Hauer' s 4th Addtn. ! !Shakopee, MN 55379 !Shakopee ! ASSESSMENT TABLE i PID , PROPERTY OWNER DESCRIPTION ; ASSESSMENT i l27-131055-0 ;B&D Development ;Lot 8 , Blk. 5 $9 ,967 .07 114571 Tyrol Drive !Hauer' s 4th Addtn. ; i :Shakopee, MN 55379 ;Shakopee l27-131056-0 !B&D Development ;Lot 9 Blk. 5 : $9 ,967 .07 114571 Tyrol Drive !Hauer' s 4th Addtn. ; ;Shakopee, MN 55379 ! Shakopee ; 127-131057-0 !B&D Development !Lot 10 , Blk. 5 1 $9,967 .07 114571 Tyrol Drive :Hauer' s 4th Addtn. ; I !Shakopee, MN 55379 !Shakopee ; i ;27-131058-0 ;B&D Development !Lot 11 Blk. 5 1 $9 ,967 .07 ! 114571 Tyrol Drive !Hauer' s 4th Addtn. ; ! :Shakopee, MN 55379 !Shakopee ; , 127-131071-0 !City of Shakopee ;Lot 24, Blk. 5 1 $4, 114.21 1129 E. First Ave. !Hauer' s 4th Addtn. ! !Shakopee, MN 55379 !Shakopee ; ;27-131072-0 !B&D Development !Lot 25 Blk. 5 1 $4, 114.21 ; 14571 Tyrol Drive :Hauer's 4th Addtn. ; , !Shakopee, MN 55379 !Shakopee ; ;27-131073-0 ;B&D Development !Lot 263 Blk. 5 1 $4, 114.21 ; 114571 Tyrol Drive !Hauer' s 4th Addtn. ! ; I ;Shakopee, MN 55379 !Shakopee ; 127-131074-0 ;B&D Development P ;Lot 27 , Blk. 5 1 $4, 114.21 ; ; 114571 Tyrol Drive lHauer' s 4th Addtn. ! ! I !Shakopee, MN 55379 !Shakopee ; , ! l27-131075-0 ;B&D Development 1 P ,Lot 28, Blk. 5 , $4, 114.21 ; ! 114571 Tyrol Drive ;Hauer' s 4th Addtn. ; I ;Shakopee, MN 55379 !Shakopee ;27-131076-0 ;B&D Development !Lot 29, Blk. 5 1 $4114.21 114571 Tyrol Drive ' ' :Hauer' s 4th Addtn. ;Shakopee, MN 55379 !Shakopee ; 127-131077-0 ;B&D Development ' !Lot 30, Blk. 5 : $4, 114.21 ; ; 114571 Tyrol Drive ;Hauer' s 4th Addtn. ! ' ! ;Shakopee, MN 55379 ;Shakopee , i 127-131078-0 !B&D Development ! !Lot 31 , Blk. 5 1 $4 , 114.21 ! , 14571 Tyrol Drive !Hauer' s 4th Addtn. ! ; !Shakopee, MN 55379 1 ! ;Shakopee ! � ! 1 ; o ASSESSMENT TABLE i ' PID ! PROPERTY OWNER : DESCRIPTION ! ASSESSMENT i 127-131079-0 :B&D Development :Lot 32 , Blk. 5 ! $4, 114.21 114571 Tyrol Drive lHauer' s 4th Addtn. ! !Shakopee, MN 55379 !Shakopee i 127-131080-0 1B&D Development !Lot 33 , Blk. 5 1 $4 , 114.21 i 114571 Tyrol Drive :Hauer' s 4th Addtn. 1 : :Shakopee, MN 55379 iShakopee : 127-131081 -0 :B&D Development :Lot 34, Blk. 5 1 $4 , 114 .21 : : 14571 Tyrol Drive IHauer' s 4th Addtn. : : !Shakopee, MN 55379 :Shakopee : 127-131083-0 :B&D Development !Lot 36 , Blk. 5 : $9 ,967 .07 ! 114571 Tyrol Drive lHauer' s 4th Addtn. 1 !Shakopee, MN 55379 !Shakopee 1 ! : ! 127-131084-0 !B&D Development :Lot 37 , Blk. 5 1 $9,967 .07 ! 114571 Tyrol Drive !Hauer' s 4th Addtn. ! ! : !Shakopee, MN 55379 !Shakopee 127-131055-0 :B&D Development :Lot 38 , Blk. 5 : $9 ,967 .07 ! ! 114571 Tyrol Drive 1Hauer' s 4th Addtn. ! : ! !Shakopee, MN 55379 !Shakopee : ! ! ! ! ! ! 127-131086-0 !Dean & Lisa C. Dawson !Lot 1 , Blk. 6 ! $9,967 .07 ! ! 11271 Jasper Rd. :Hauer' s 4th Addtn. : ! : :Shakopee, MN 55379 !Shakopee : ! 127-131087-0 !B&D Development !Lot 2 , Blk. 6 1 $9 ,967 .07 ! ! 114571 Tyrol Drive :Hauer' s 4th Addtn. ! ! ! :Shakopee , MN 55379 !Shakopee : ! 127-131088-0 !Steven & Marilyn Pieper !Lot 3 , Blk. 6 : $9,967 .07 ! ! 12779 Jade Circle :Hauer' s 4th Addtn. I I 1 !Shakopee, MN 55379 !Shakopee : ! ! 1 127-131089-0 !B&D Development !Lot 4 , Blk. 6 : $9 ,967 .07 ! : 114571 Tyrol Drive IHauer' s 4th Addtn. 1 : ! !Shakopee, MN 55379 :Shakopee I I : ! l27-131090-0 !B&D Development !Lot 5 , Blk. 6 1 $9,967 .07 : ! ! 14571 Tyrol Drive !Hauer' s 4th Addtn. I I : !Shakopee, MN 55379 !Shakopee : 1 l27-131091-0 !B&D Development :Lot 6 , Blk. 6 : $9 ,967 .07 : ! 114571 Tyrol Drive :Hauer' s- 4th Addtn. : ! : !Shakopee, MN 55379 :Shakopee : ! ASSESSMENT TABLE I i i - PID PROPERTY OWNER i DESCRIPTION ASSESSMENT 27-731092-0 iB D Deelo & vment P ! Ot 7 , Blk. 6 $9,967 .07 I 114577 Tyrol Drive ;Hauer' s 4th Addtn. ; ( Shakopee, MN 55379 ;Shakopee ; TOTAL ASSESSED $424,004.97 CONSENT MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judges DATE: September 26, 1958 Introduction and Background State law requires the appointment of election judges for the upcoming general election on November 8th. The judges recommended have all been called and are willing to work. Recommended Action Offer Resolution No. 2954, A Resolution Appointing Judges of Election, and Establishing Compensation, and move its adoption. JSC/jms RESOIDTION NO. 2954 A RESOLiJPION APPOINPING JUD= OF ELECPION, AND ESTAnr ISHM, SENSATION BE LT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINN=A, that: 1. The following percnna are hereby appointed Judges of Election for the five polling precincts with the City of Shakopee designated in Resolution No. 2021, adopted July 6, 1982: - FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson Chair Marjorie Lucarelli Claude Kolb Marie Kocks Evelyn Weck man Hazel Ecklund Susan Niewind Ruth O'Reillev Anollonia Gerold Marne Radermacher Marcy Schmidt Ann Noterman Lillian Kopisca George Mirao SECOND PRECINCT: Regular Judges Paulette Rislund, Co-Chair Robert Kubes Co-Chair Lucille Odenwald Barb Runcre Ethel Schneider Patrick Schroers Ottillia Mingo Connie Berens Marilyn Lara Robert Johnson Anna Mae Walsh Mary Bongard Don Taylor Beatrice Simon Lee Stocker Resolution No. 2954 J Page TWO THIRD PRECINCT: Regular Judges Maetta Jurewicz. (hair Deborah Schmidt Marinda Schmt Jan Gerold Jovice Schwartz Kathryn Marschall Marian Mahe ld Lenore Johnson Sandy Notermann Loretta Jaspers JoAnn Dircks JOAnn Colley Darlene Mewissen Barb Sigurdson Beryl Barrett Maureen K5=y Doris Ann Solseth FOIIRIH PIT=(.T: Regular Judges Lillian Weinardt. Chair Sylvester Gerold Berna`i, Hyatt Judv Rieck Laura Olson Steven Schmidt Edna Wang m Cindy Whiting Pat Clemens Martha Buclmieier Ray Rolfzen Kathy Gerlach Helen O'Brien Jermavn Ie Vitt Sharon Fernholz Dennis Sigurdson Muriel Kcskovich FIFTH PRECINCT: Regular Judges Virgilla Geske, Chair Carol Link Rudy Maurine Acr Horeish Harriet Pink Thea May Marianne Schmid Brenda Fonder Resolution No. 2954 Page Three Joan Hart Louise Vvskocil Marian Mabowald Sally Juba — Pat Pe 'nntAn Pat Pass 2. The Election Judges shall be copensated for their work at the rate of $4.00 per hour and the Chairperson of the Flection Judges shall be conpensated at the rate of $4.50 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota, heldthis day of 1988. Mayor of the City of Shakopee ATTEST': City Clerk Approved as to form this day of 1988. City Attorney CONSENT 13 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk_ %_� RE: Request for Vacation of Utility Easement Within the Plat of Meadows 1st Addition DATE: September 27, 1988 INTRODUCTION: I have received a petition for the vacation of a utility easement within the Meadows lst Addition. BACKGROUND: When the surveyor prepared the final hardshells for the Meadows plat, he erroneously drew in a 76 foot utility easement which should have been described as a Minnegasco easement. The easement bisects the southerly one-third of Outlot B. Mr. Fleck, Developer of the Meadows Addition, would like the easement vacated before the outlots are subdivided. The City's vacation of the utlity easement will not negate the Minnegasco easment. The City has no need for a utility easement in this area. ALTERNATIVES: 1] Set a public hearing date 2] Deny petition RECOMMENDATION: Staff recommends alternative 1, set a public hearing date to discuss whether or not the utility easement serves a public interest. ACTION REQUESTED: Offer Resolution No. 2955, A Resolution Initiating the Vacation of A Utility Easement Within Meadows 1st Addition, and moved its adoption. _ CS.ti.H. ND. 79 Ran 23 i Range 2x g N � v` z E z 1 z I m u n 11 O v 1 r iI O y m _ 1 m m 3 m a � I = 11 c (T IL it 1 r f � O IIIILLL!I!I!I' ti c i O 1 ti I C r � C ~ S n A w CSO 13� RESOLUTION NO. 2955 A RESOLUTION INITIATING THE VACATION OF A UTILITY WITHIN THE PLAT OF MEADOWS IST ADDITION WHEREAS, A petition has been received by abutting property owners requesting the vacation of a utility easement within Meadows 1st Addition; and WHEREAS, the utility easement should have been described as a Minnegasco easement when the hard shells were prepared for Meadows 1st Addition; and WHEREAS, it has been made to appear to the Shakopee City Council that said easement serves no public use or interest; and WHEREAS, a public hearing must be had before such action can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, That a hearing be held in the Council Chambers on the -8th day of November, 1988 at 7: 30 P.M. , or thereafter on the matter of vacating of the utility easement contained within Meadows 1st Addition which bisects the southerly 1/3 of Outlot B. BE IT FURTHER RESOLVED, That two weeks' published notice be given by publication in the SHAKOPEE VALLEY NEWS and posted notice be given by two weeks' posting a copy of such notice on the bulletin board in the main floor of the Shakopee County Court House, and on the bulletin board in the Shakopee City Hall . Adopted in session of the City Councul of the City of Shakopee, Minnesota, held this day of , 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1988. City Attorney CONSENT MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Apportionment of Assessments :for Prairie House 2nd Addition DATE: September 28, 1988 INTRODUCTION• The attached Resolution apportions existing special assessments against the newly created lots within the new subdivision of Prairie House 2nd Addition. BACKGROUND• Prairie House 1st Addition, Lots 1 and 2 and the southerly 1/2 of Outlot A were recently replatted into Prairie House 2nd Addition. These three (3) parcels have existing special assessments against them for the construction of Valley Park Drive North from Trunk Highway 101. These special assessments have been reapportioned against the three (3) new lots within Prairie House 2nd Addition. The apportionment contained in the attached Resolution is as was agreed to by the Developer in the Developer's Agreement for Prairie House 2nd Addition. A copy of the attached Resolution and this memo has been sent to the Developer. ALTERNATIVES• 1. Adopt Resolution as prepared. 2. Amend the Resolution as prepared. 3 . Do not adopt the Resolution. RECOMMENDATIONS: Alternative No. 1, Adopt Resolution No. 2956 as prepared. RECOMMEND ACTION: Offer Resolution No. 2956, A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF PLATTING OF PRAIRIE HOUSE 2ND ADDITION, and move its adoption. JSC/tiv RESOLUTION NO. 2956 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF PRAIRIE HOUSE 2ND ADDITION WHEREAS, on September 8 , 1987 Resolution No. 2794 adopted by the City Council levied assessments against properties benefited by construction of Valley Park Drive North from T.H. 101 to the North approximately 350 feet; and WHEREAS, Lots 1 and 2 of Block 1 and part of Outlot A of Prairie House 1st Addition have been replatted as Prairie House 2nd Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said parcels in Prairie House 1st Addition among the new parcels in Prairie House 2nd Addition; and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1988 payable remaining balance of assessments to parcels 27-127001-0, 27-127002-0, and 27-127004-0 of Prairie House lst Addition for the 1986-11 Valley Park Drive North Improvement Project are hereby apportioned as follows: Parcel No. Name/Address Description Amount 27-137001-0 Bradberg, Inc. Lot 1, Block 1 $38, 124 . 49 126 N. Franklin Prairie House 2nd Hutchinson, MN 55350 27-137002-0 Bradberg, Inc. Lot 2 , Block 1 $30,589 . 74 CD/Four Jocko's Prairie house 2nd 1930 Apache Lane Rhinelander, WI 54501 27-137003-0 Bradberg, Inc. Lot 3 , Block 1 $145, 950. 67 126 No. Franklin Prairie House 2nd Hutchinson, MN 55350 2. That all other parts of Resolution No. 2794 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1988 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of _, 1988 City Attorney CONSENT 3 ' MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cok, City Clerk L-� RE: Vacation of 6th Avenue From,Main Street to the East DATE: September 30, 1988 INTRODUCTION• I have received a petition requesting the Council consider the vacation of 6th Avenue from Main Street to its easterly termination. BACKGROUND: The attached Resolution sets a date for a public hearing for Council to determine whether or not that part of 6th Avenue from Main Street to the east serves any public interest. The public hearing is set for November 1st. Notice of the public hearing will be published and copies of the notice will be sent to abutting property owners. A staff memo addressing the request will be prepared for the public hearing on November lst. ALTERNATIVES• 1. Set a public hearing date. 2 . Deny petition. RECOMMENDED ACTION: Staff recommends Alternative No. 1, Set a public hearing date to discuss whether or not 6th Avenue from Main Street to the east serves a public interest. ACTION REQUESTED: Offer Resolution No. 2961, A RESOLUTION INITIATING THE VACATION OF 6TH AVENUE FROM MAIN STREET TO THE EAST, and move its adoption. JSC/tiv v„� ► ►�► NUMMOM milli IRS LLQ- ��� � ►= � �� S� � � � 1110= 1111- ■��il�� �!� ��� ��I• , '� �. 911® vi�l0 -�� ��� �'- � �� ► Olin �101�1� �© • 0�� � "��,� �� C.. MEN ! 01110 M �� 1 IE''+o � mom BI�lO =i �Iilll��lli� ,� s 1 ©NN ©10 v0���� o® ©1 �� ate►® tri RESOLUTION NO. 2961 A RESOLUTION INITIATING THE VACATION OF 6TH AVENUE FROM MAIN STREET TO THE EAST WHEREAS, A petition has been received by abutting property owners requesting the vacation of 6th Avenue from Main Street to its easterly termination; and WHEREAS, It has been made to appear to the Shakopee City Council that said 6th Avenue serves no public use or interest,- and WHEREAS, A public hearing must be held before such action can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the lst day of November, 1988 at 7:40 p.m. , or thereafter on the matter of vacating 6th Avenue beginning at Market Street and continuing to its easterly termination. BE IT FURTHER RESOLVED, that two weeks published notice be given by publication in the Shakopee Valley News and posted notice be given by posting a copy of such notice on the bulletin board on the main floor of the Scott County Court House and the bulletin board in the Shakopee City Hall. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 4th day of October, 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1988. City Attorney 13Lm MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Ordinance's 254 , 255, 256, 257 DATE: September 30, 1988 INTRODUCTION: The attached four (4) Ordinances have been prepared by the City's Codifiers (Municipal Ordinance Codifiers) . These Ordinances are to update our City Code to be consistent with legislation which was adopted in 1987 and 1986. BACKGROUND: Pursuant to a contract with Municipal Ordinance Codifiers, the City Administrator, City Attorney, and City Clerk met for an annual revision conference with the Codifiers. As a result of that revision conference, the attached four (4) Ordinances are recommended for Council consideration. These Ordinances make corrections to the City Code and bring the City Code into conformance with recent state law changes. Ordinance No. 254, amends Section 1.02, Subdivision 11, by increasing the penalty for a petty misdemeanor from $100. 00 to $200. 00. Ordinance No. 255, amends Section 2. 03 relating to special and emergency meetings State law now requires four (4) days notice for a special meeting as opposed to the 24 hour notice we've been used to. Exception to this requirement is when all members are present at the special meeting or when all members consent to the special meeting in writing. Ordinance No. 256, amends Chapter 5 regarding liquor and beer licensing as follows; A) Section 5.07 is amended to requires a 30 day notice prior to cancellation of a liquor liability insurance policy. B) Section 5.10 is amended to include that bowling centers are eligible for a beer license; however, they are not eligible for an on-sale intoxicating liquor license- pursuant to Council direction at an earlier meeting. C) Section 5. 32 and 5.40 are amended deleting references to certain types of employment by minors to simply read "No person under 18 years of age may sell or serve liquor or wine on licensed premises. " Ordinance No. 257, has been updated through and including the laws of 1988. This Chapter refers to the Highway Traffic Regulation Act. After adoption of these four (4) Ordinances, the Codifiers will prepare revision pages to our City Code which revision pages will include these four (4) Ordinances along with the other 23 Ordinances Council has adopted since the last update of the City Code last year. When we receive the revision pages, staff will compare the revision pages word for word with the language in the Ordinances to make sure of accuracy. After this comparison is complete, copies of the revision pages will be made and distributed to all parties who have a copy of the City Code. ALTERNATIVES: 1) Adopt Ordinances 254, 255, 256, 257. 2) Amend Ordinances. 3) Do not adopt the Ordinances. RECOMMENDATION• Alternative No. 1, adopt the Ordinances as prepared. RECOMMENDED ACTION: 1) Offer Ordinance No. 254, 4th Series, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 1 ENTITLED "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION" BY CHANGING THE PENALTY FOR A PETTY MISDEMEANOR; AND, MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PROVISION OF THE SHAKOPEE CITY CODE, and move its adoption. 2) Offer Ordinance No. 255, 4th Series, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY CHANGING A PROVISION RELATING TO SPECIAL AND EMERGENCY MEETINGS; AND, BY ADOPTING BY REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 2. 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS, and move its adoption. 3) Offer Ordinance No. 256, 4th Series, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 ENTITLED "LIQUOR, BEER AND WINCE LICENSING AND REGULATION" BY CHANGING PROVISIONS RELATING TO INSURANCE REQUIREMENTS, ELIGIBLE BEER LICENSEES, AND MINORS EMPLOYED ON LICENSED PREMISES; AND, BY ADOPTING BY REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS, and move its adoption. 13dv . m 4) Offer Ordinance No. 257, 4th Series, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 8 ENTITLES "TRAFFIC REGULATIONS" BY CHANGING A PROVISION RELATING TO ADOPTION OF THE TRAFFIC REGULATION ACT BY REFERENCE; AND, BY ADOPTING BY REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS, and move its adoption. JSC/tiv ORDINANCE NO. 254 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 1 ENTITLED "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION" BY CHANGING THE PENALTY FOR A PETTY MISDEMEANOR; AND, MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PROVISION OF THE SHAKOPEE CITY CODE. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I. Shakopee City Code , Sec. 1. 02 entitled "Definitions", is hereby amended by changing Subd. 11, to read: Subd. 11. The term "petty misdemeanor" means an offense, which does not constitute a crime, and for which a sentence of a fine of not more than $200.00 may be imposed. SECTION II. This ordinance shall be applicable to every chapter, section, or other provision of the City Code. SECTION III. 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. Passed in session of the City Council of the City of Shakopee , Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney Published in the Shakopee Valley News this day of , 19 13 � 0 ORDINANCE NO. 255 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY CHANGING A PROVISION RELATING TO SPECIAL AND EMERGENCY MEETINGS; AND, BY ADOPTING BY REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I. Shakopee City Code, Sec. 2. 03 is hereby amended, t to read: SEC. 2. 03. SPECIAL AND EMERGENCY MEETINGS. Subd. 1. Special Meetings. Special meetings of the Council may be called by the Mayor or by any two other members of the Council by writing filed with the City Clerk stating the time, place and purpose of the meeting. Notice of a special meeting shall be given by the City Clerk to each member of the Council by mailing a copy of such filing to all members who did not. sign or issue the call at least ----four- (4 __)_-aays prior to the time stated therein, or by personal service at least seventy-two (72) hours prior to the projected time of meeting. Special meetings may be held without prior written notice to the Council when all Council members are present at the meeting or consent thereto in writing. Any such consent shall be filed with the City Clerk prior to the beginning of the meeting. Any special meeting attended by all Council members shall be a valid meeting for the transaction of any business that may come before the meeting. Meetings of the Council which are adjourned from time-to-time shall not be subject to the foregoing notice requirements; nor shall special meetings which, in the judgment of the Council, require immediate consideration to meet an emergency require such notice, but may be called by telephone communication or any other expeditious means. Notice to the public and to news media shall be given as required by statute. Subd. 2. Emergency Meetings. In determining what constitutes an emergency, the Council should be guided by considerations of whether the situation calls for immediate action involving the protection of the public peace, health or safety. Action by the Council finding facts supporting the emergency shall be noted in the minutes of the emergency meeting before remedial action is taken thereon. Subd. 3. Posted Notice. In addition to any other notice required by this Section, the City Clerk shall endeavor to post a notice of all meetings in the City Hall where other notices are posted. _ SECTION II. Shakopee City Code, Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION III. 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. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney Published in the Shakopee Valley News this day of 19 -2- �3 ) K �" ORDINANCE NO. 256 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 ENTITLED "LIQUOR, BEER AND WINE LICENSING AND REGULATION" BY CHANGING PROVISIONS RELATING TO INSURANCE REQUIREMENTS, ELIGIBLE BEER LICENSEES, AND MINORS EMPLOYED ON LICENSED PREMISES; AND, BY ADOPTING BY REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I. Shakopee City Code Sec. 5.07 is hereby amended, to read: SEC. 5.07 . INSURANCE REQUIREMENTS. Subd. 1. Whenever an insurance policy or certificate is filed as evidence of financial responsibility as required by this Chapter, the applicant shall file with the City Clerk a policy or certificate of insurance showing (1) that the limits are at least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without ten (10) days' written notice served upon the City Clerk if cancellation is for non-payment of premium and thirty (30) days' written notice if cancellation is for any other reason. Cancellation or termination of such coverage shall be grounds for license revocation. Subd. 2. Whenever a general liability (public liability) insurance policy or certificate is required by this Chapter, the applicant shall file with the City Clerk a policy or certificate of insurance showing (1) that the limits are at least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that the issuing company will endeavor to mail ten days' written notice to the City Clerk prior to cancellation of the policy. Cancellation or termination of such coverage shall be grounds for license revocation. SECTION II. Shakopee City Code Sec. 5.10 is hereby amended, to read: SEC. 5.10. BEER LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of beer, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding beer licenses from the City. Annual on-sale beer licenses may be issued only to drug stores, restaurants, hotels, bowling centers, clubs, and establishments used exclusively for the sale of beer with the incidental sale of tobacco and soft drinks. Any person licensed to sell liquor at on-sale shall not be required to obtain an on-sale beer license, and may sell beer on-sale without an additional license. Any person licensed to sell liquor off- sale shall not be required to obtain an off-sale beer license, and may sell beer off-sale without an additional license. SECTION III. Shakopee City Code Sec. 5.32 entitled "Liquor License Restrictions, Regulations and Unlawful Acts" is hereby amended by changing Subd. 10, to read: Subd. 10. Employment of Minors. No person under eighteen (18) years of age may sell or serve liquor on licensed premises. SECTION IV. Shakopee City Code Sec. 5.40 entitled "On-Sale Wine License" is hereby amended by changing Subparagraph F of Subd. 3, to read : Subd. 3. Wine License Restrictions. F. No person under eighteen (18) years of age may sell or serve wine on licensed premises. SECTION V. Shakopee City Code, Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION VI. 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. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney Published in the Shakopee Valley News this day of 19 -2- /s x km ORDINANCE NO. 257 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" BY CHANGING A PROVISION RELATING TO ADOPTION OF THE TRAFFIC REGULATION ACT BY REFERENCE; AND, BY ADOPTING BY REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I. Shakopee City Code, Section 8.01 is hereby amended, to read: SECTION 8.01. MINNESOTA STATUTES, CHAPTERS 168, 169 AND 171 -- -- - ---- ADOPTED-. BY .REFERENCE. Except as otherwise provided in this Chapter, or in Chapters 7 and 9 of this Code, the regulatory and procedural provisions of Minnesota Statutes, Chapter 168, Chapter 169 (commonly referred to as the Highway Traffic Regulation Act) and Chapter 171, as amended through Laws 1988, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. SECTION II. Shakopee City Code, Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION III. 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. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney Published in the Shakopee Valley News this day of 19 CITY OF SHAKOPEE - INCORPORATED 1870 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379-1376 (612)645-3650 October 4, 1988 Mayor & Council City of Shakopee 129 East 1st Avenue .Shakopee, MN 55379 RE: Letter of Resignation Dear Mayor & Council: Please accept this letter as notification of my resignation as Shakopee's City Administrator effective November 4-, 1988 . I have been offered and accepted the position of Administrative Officer of Polk County, Oregon. Moving to Oregon, as many of you know, was our family goal after spending 11-1/2 years in Minnesota. I will never forget the energy and enthusiasm that made the hard work toward shared City and community goals both fun and successful. It will be a tough standard to match in Oregon. I want to thank past and present Councilmembers and Staff members for a great experience. Best Wi hes, (- John K. Anderson City Administrator JKA/tiv i The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER