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HomeMy WebLinkAbout08/16/1988 7 GU MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: August 11, 1988 1. The negotiations between Mr. Robert Sweeney and the Department of Natural Resources (DNR) regarding the proposed trail are still moving along positively with the DNR hoping for a conclusion by September. 2. When City Council decided to allow the issuance of a .wilding---permit-. to Jack Brambilla the motion authorized staff to hire a surveyor to determine the legal description of the property in question. Since we will not be acquiring the property City staff will not be following up on the hiring of a surveyor. 3. The Shakopee Chapter of Ducks Unlimited has applied for a raffle license. They meet the requirements of the City Code. 4. Attached is a letter from Mr. Robert Vierling to City Council. I have placed the letter on the information items because the Mayor responded to Mr. Vierling's letter as directed by City Council at its August 2nd meeting. Mr. Vierling simply didn't have the response before he wrote this letter. 5. The City has approved the blocking off of 6th Avenue between Lewis and Sommerville from 9:00 a.m. to 7:30 p.m. on Sunday, August 28th for the St. Mary's Church Festival. We permitted this in 1987 and have permitted it for several years for the St. Mark's Julifest. The letter of request is attached for your information. 6. Attached is an Association of Metropolitan Municipalities (AMM) activity report. I only placed one of these items (Item No. 1) on the agenda for Council action. If Council- members have any questions regarding any of these items please feel free to contact me. 7. Attached are letters from Representative Bill Frenzel, Senators Rudy Boschwitz and Dave Durenberger regarding our correspondence regarding Section 89 non-discrimination rules for employee benefit plans. 8. Attached is the second quarter newsletter update from the Minnesota Police Recruitment System. , 9. Attached is a memorandum from Dave Hutton regarding County Road 17 crossing. 10. Attached is a memorandum from Dave Hutton regarding County Road 16 traffic counts. 11. Attached is a memorandum from Dave Hutton regarding the downtown nodes at 2nd and Atwood. 12 . Attached is the Engineering Department monthly report. 13. Attached is the Building Activity Report for the month ending July 31, 1988. 14. Attached are the minutes of the July. 18, _1988 meeting of the Shakopee Community Recreation Board. Please note on page four that the Board has made recommendations regarding a differential in the user fees charged non-residents. This will be coming to Council and the School Board for formal action. 15. Attached are the minutes of the July 11 and July 27, 1988 meetings of the Shakopee Public Utilities Commission. 16. Attached is the tentative agenda for the August 18, 1988 meeting of the Energy and Transportation Committee. 17. Attached are the minutes of the June 16, 1988 meeting of the Energy and Transportation Committee. 18. Attached is the Revenue and Expenditure Report as of 7/31/88. JKA/jms ^^nn STATE Of / DEPARTMENT OF NATURAL RESOURCES PHONENo. 296-2553 Metro Region Parks 1 FILE No. 1200 Warner Road, St. Paul , Minnesota 55106 RECEIVED AUG1 11988 August 9, 1988 CITY OF SHAK,,D-1_E John Anderson, Administrator City of Shakopee 129 First Avenue Fast Shakopee, MN 55379 Dear John: This is just a brief letter to follow up yesterday's phone discussion. The Department of Natural Resources, Division of Parks and Recreation does not want the City of Shakopee to take any action on abandoning Minnesota or Market Streets until the DNR and Mr. Sweeney can reach an agreement. I will be contacting Mr. Sweeney as soon as possible to start negotiat- ing his request as presented in his attached letter. This request and our need for a trail easement across Sweeney's property is rather complex and may take time to resolve. Hopefully with everyone's coop- eration we will be able to agree and complete the necessary transactions before next summer. I will continue to keep you informed of our status. Sincerely, hn Winter glomal Parks Supervisor 193/lk cc: Tom Danger, Supervisor Trails Operations and Grants-In-Aid Section AN EQUAL OPPORTUNITY EMPLOYER rr����^^SnnTrrAA�T2EE OF y� /� DEPARTMENT OF NATURAL RESOURCES PHOHEHo. 296-2553 Metro Region Parks FILE NO 1200 Warner Road, St. Paul , Minnesota 55106 August 9, 1988 R. 0. Sweeney Minnesota River Boat Livery 506 Holmes Street Shakopee, MN 55379 Dear Mr. Sweeney: I have now had the time to meet with other essential Department staff to discuss your request in reference to working out a trail easement across your property. It seems that your request may be possible, however specific items must be reviewed and agreed on in order for us to proceed with this acquisition and trail easement. I will be contacting you by phone in order to arrange a meeting to resolve items of concern and to develop a game plan to proceed. Hopefully we can all agree and benefit from this effort. If you have not heard from me by the time you receive this letter, please give me 'a call at 296-2553. Sincerer L John Winter Regional Parks Supervisor 296/1-k . ._ _. cc: John Anderson, Administrator, City of Shakopee AN EQUAL OPPORTUNITYEMPLOYER Minnesota River Boat Livery 506 Holmes Street Shakopee.Mm...W.55319 (612)"S-2493 3 July 8, 1988 John Winter Region 6 Parks S Recreation Manager DNR 1200 Warner Rd St. Paul, Mn 55106 Dear John, I have reviewed your proposal relative to the state trail ease— ment across my property. Consistent with what you and Hill Weir suggested, 1 am making the following proposal for the purchase of adjoining state lands. 1. 5 + acres adjoining the east (Rinnesota St. ) side of my Property to include specifically the State's portion of Minnesota St. vacated, the balance to be determined later. 2. The right of way to be vacated on Market St. on the west side of my property plus sufficient additional Property at the river end to total 1 acre. I hope this will be sufficient information for you to move ahead at your end. Sincere R. 0. Sweeney er. John Anderson Shakopee City Administrator y Ms. Robert F. Vierling 221 E. Fourth Avenue Shakopee, Minnesota 55379 August 8, 1988 Shakopee City Council and Mayor 129 East First Avenue Shakopee, Minnesota 55379 Res Stalling on Brownell's Dear Mayor and City Councils part res the gun permit. I am still awaiting an answer from you regarding the continuation of my gun permit. Brownell has certainly, by now, used up every avenue of escape and falsehoods, and now I would like a direct answer from you as I requested. I need a legitimate answer based on State statutes in the near future, or the Council and Brownell are in danger of being taken to Court to evoke direct answers as to how they can contravene State law with such impudence. I must say it seems strange that in the past, there's been no problem receiving my permit from the Mpls. Police Dep't. , State of Mn. , and Shakopee Police Dep't. , and it is only since Brownell has undertaken this personal vendetta that I've been unable to get it okayed. Maybe_if Brownell, a hired public servant, could see fit to work an 8 hr. day, 5 days per week, and every other weekend as he should, more of his work would be done and the taxpayer would then benefit more appropriately from his huge salary. We find it amusing that Brownell and his Assistant Chief of Police can command so much time off, and would appreciate their paying more attention to the letter of the law instead of making decisions based on vendettas and personalities. Sincerely, A13G0 F199ft Robert Vierling RECE►GLai 3J6 �h v is S1 AUG 1 C IM8 SHAKOPEF MINNESOTA 65339 -+TY op SHAKopEC BULLETIN me ropolifa of �.�J,,, 17 municipalities auto etyee August 5, 1988 CITY OF pp TO: MEMBER MAYORS, DELEGATES AND MANAGERS/ADMINI_TRATOAa E FROM: VERN PETERS AECUTIVE DIRECTOR ROGER PETERS , DIRECTOR OF LEGISLATIVE AFFAIRS RE: AMM AND METROPOLITAN ACTIVITIES OF IMPORTANCE 1 . TRANSPORTATION ADVISORY BOARD (TAB) NOMINATIONS: Ten positions on the Transportation Advisory Board are reserved for municipal elected officials. (The TAB By-Laws specify that the AMM has the responsibility for nominating these officials) . It is a two year term and the new terms will commence October 19 1988, The AMM Board will be making these nominations at its September Board meeting. The TAB is a very important body and provides general transportation advice and counsel to the Metropolitan Council, Regional Transportation Board and the Minnesota Department of Transportation, etc. One of its most important functions is to annually determine the FAU project funding priorities. The TAB normally meets the third Wednesday afternoon of each month in the Metropolitan Council Chambers. RECOMMENDATIONS WANTED: The AMM Board is soliciting recommendations for these positions via this Bulletin. Recommendations must be in writing and should be submitted to the AMM Office, to the attention of Vern Peterson, by no later than Wednesday, August 24, 1988. 2. VACANCY ON AMM BOARD: Due to the resignation of John Walker, former Mayor of Newport, from the Board of Directors, there is a vacancy on the AMM Board. The AMM Board is responsible for the general management of the affairs of the Association and supervises the administration of the AMM office and affairs through the Executive Director . The Board meets the first Thursday night of each month at 7: 00 P.M. in the AMM office at 183 University Ave. , East. , St. Paul . -1 - 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 NOMINATIONS WANTED: The AMM Board is soliciting nominations via this Bulletin. Nominations should be in writing and should be submitted to the AMM Office by no later than Wednesday, August 24, 1988. The Board is likely to give preference to nominations from the East Side of the metro area to maintain geographical balance. 3• 1989 PROPOSED METROPOLITAN COUNCIL WORK PROGRAM AND BUDGET: The Metropolitan Council has scheduled a public hearing for 10:00 A.M. on Monday, September 12 to receive input on its' proposed 1989 Budget and Work Program. The AMM' s Metropolitan Agencies Committee, Chaired by Kevin Frazell , Mendota Heights Administrator, will review an( assess that proposal and prepare a report for the AMM Board's consideration. The AMM Metro Agencies Committee will begin its review at a noon meeting in our offices on Thursday, August 11th. and Dave Renz, the Council's Executive Director and other Department Heads are expected to be present to brief the committee and answer questions. Your input and or attendance at this meeting is welcomed. The AMM is usually the only group or organization that reviews and offers comment to Council 's yearly budget proposal and we feel it is an important public service for the residents of this region. 4. LAWSUIT ON DISPARITY AID FILED: The lawsuit challenging the constitutionability of the disparity aid element of he 1988 Omnibus Tax Act, has at last been filed. The plaintiff is a resident of Roseville and the suit was brought in Ramsey County District Court . It is expected that the suit will be transferred to the Tax Court in the near future. As was noted and explained in the last AMM Bulletin dated July 12th. , the AMM Board of Directors is supporting this lawsuit which was initiated by the Municipal Legislative Commission. We will keep you posted as this legal challenge progresses through the Courts. 5. REVISED METROPOLITAN SIGNIFICANCE RULES READY FOR PUBLIC NEARING: The AMM through its Metropolitan Agencies Committee, as has been noted several times in recent Bulletins and Newsletters, has been engaged in a year long dialogue with the Metropolitan Council over the content of the revised rules. This effort will end in the near future as the Council will be holding a public hearing on the final draft of the 'Significnace Rules' in late September. We are happy to report that out of the 12 concerns/disagreements raised by the AMM Committee, 10 of them have been resolved to the AMM's satisfaction! We will continue to negotiate in hopes of resolving the remaining differences and the AMM Metropolitan Agencies Committee will hold its final meeting on this matter on Thursday noon, August 25th. -2- Please do not hesitate to contact Vern Peterson (227-4008) should you have questions regarding this matter. 6. AMM OUTREACH BREAKFASTS - VERY SUCCESSFULII The third annual series of local official outreach breakfasts have just been completed. They were, by any measure, very successful . Eighty participants from 41 member and 3 non member cities attended the five regionally located meetings and provided a significant amount of issue oriented input. The meetings were very animated and did not lack for strong opinions on many items ranging from comparable worth to land use to truth in taxation. The input on policy is now being discussed and acted upon by the AMM policy committees which will continue to meet through September. Possibly, as beneficial to the AMM staff, Board, and attending officials as policy, is discussing AMM goals and how we as an organization can better communicate and be strengthened. Good suggestions for the legislative contact program and interaction with members was received and is being acted upon. We will continue to improve local official interaction with more opportunities for participation. 7. LEGISLATIVE CONTACT PROGRAM: The Board appointed Legislative Coordinating Committee is currently looking at results of last years contact program and discussing input from the Outreach Breakfasts. This promises to be an interesting and exciting year of evolutionary growth. Two primary areas of increased activity will be more in depth education for contact persons and an effort to have local officials and their legislators meet in small groups to concentrate lobbying a few of the extremely important AMM issues. Scheduling for these meetings will be targeted for November after election through December prior to convening of the legislature. A third new activity being investigated is a pre election survey of legislative candidates in key city issues. Based on last years results, it became clear that the coordinator intern must be on board earlier, therefore, a search will begin soon leading to a possible October start date. Finally, local officials are still very much interested in a 'score card' report of how their particular legislator voted on city issues. The committee will continue studying this item to determine an appropriate way to provide that information without incurring legislative backlash as has been feared in the past. The committee is developing a mission or program goal statement and compiling a list of possible activities that will help promote and understand the need for this effort with member local officials. 8. MAJOR DISCUSSION ISSUES FOR 1989-1990 COMPARBLE WORTH. One of the hottest topics for the policy committee in 1989 is standards for the implemention of pay equity. Disagreement as to the satisfactory range of pay andwhichemployees -3- should receive pay equity increases among legislators, state officials, and local plans are commanding significant attention. LAND USE RECODIFICATION. The Governors Task Force on State and Local relations proposed some major recodification and unification of land use control statutes in the last session. Within the legislation were controversary surrounding increased Planning Commission authority and changes in what constitutes a variance. The AMM interceded and helped cause a delay in action until 1989. TRUTH IN TAXATION. A new gimmick found in the 1988 Tax Law patterned after a Florida law is unworkable as passed. The Revenue Committee will review this issue and make recommendations to the membership on whether it should be opposed supported, modified to work ad/or pushed as a trade off for levy limits. Discussion to date has already centered on the advisability of cities opposing 'truthfulness ' . This may be one of those issues where you are doomed if you do and doomed if you don't. TAX INCREMENT FINANCING. Last year was supposed to be the year of non controversial fixing for some minor problems. It turned into a donnybrook requiring a significant effort to stave off real inroads in TIF useability. Next year promises to be even more difficult since the authors in both houses have promised to look at TIF microscopically and to eliminate its 'many abuses ' . PROPERTY TAX. This is a generic term that encompasses many subissues such as Levy Limits, Homestead Credit, Local Government Aids, Special Levies, etc. AMM committee members are faced with the task of determining if Homestead Credit as we know it or with an increased circuit breaker program must be preserved or can it be replaced by an 'aid' program? Levy Limits have become more restrictive regardless of the state revenue situation. How much longer can cities exist at current levels? Can trade offs be made for more public information an involvement? These and other revenue issues will be discussed at length. METRO OUTSTATE FUNDING SHIFTS. Recent years have seen an increasing imblance of state revenue collection (64% of total from metro area in 1986) to state aid and credit distribution (46% total to metro area in 1986) . These percentages are widening at an ever increasing rate through school aid changes, Local aid program changes, the Greater Minnesota Corporation funding, etc. The AMM will be investigating policy to slow or reverse the increasing imbalance. AIRPORT. The need for an expanded or new airport and possible location of a new airport is going to be a major topic in the metropolitan areas in the next few years. The AMM has been requested by members to look into the issue . Givenitsmagnitude and controversial nature, it probably, will not be solved this -4- year but studies and discussion will begin. DISTRIBUTION NOTE: This Bulletin has been mailed to Mayors, Delegates and Managers/Administrators only. Please distribute to other officials in your city as you deem appropriate. -5- BILL FRENZEL . 7 TM.D....MI... ROOM 445¢E 8120 Pcxx Av M.0 Bourx 6LINM k MN 55031-1326 1026 lox�N' .By tIQ gM .y�j 812-891-4500 5- 202-2° 2°'1 Congregg of the VM1/��Epy niteb �4tateni gouge of Iteprefentafibes Wj5bington, MC 20515-2303 RECEIVED August 1, 1988 AUG o 31988 CITY OF SHAKOPEE Mr. John K. Anderson CITY OF SHAKOPEE 129 East First Avenue Shakopee,MN 55379-1376 Dear Mr. Anderson: Thank you for contacting my office concerning the Section 89 non- discrimination rules for employee benefit plans. The application of comprehensive nondiscrimination rules to employee benefit plans, as a result of the 1986 Tax Reform Act, has caused significant confusion and uncertainty among employers. Because of this confusion and the fact that the new rules require significant adjustments for employers, the effective date was delayed so that the Treasury Department could issue rules to provide further guidance. Unfortunately, the Treasury Department has not drafted regulations outlining the specifics of what data will be required and how the tests are to be applied. Because of the uncertainty with the rules, the House Ways and Means Committee included language in the Miscella- neous Revenue Act of 1988 that provides interim and permanent rules that are intended to facilitate initial compliance with the section 89 rules. This language attempted to modify areas that employers have identified as problemed areas. Given that Treasury rules have not yet been issued and that employers maintain that they need guidance in order to comply with the rules in 1989, the amendment provides significant guidance and flexibility to employers in testing their plans for 1989. The House is expected to pass the Miscellaneous Revenue Act sometime within the next couple of weeks. The Senate is expected to take up a similar bill in the near future. Although it is not clear what form Section 89 language might take in that bill, most people believe it will be similar to the House bill. Final pass-age is still unclear, however if a bill passes, it will probably be this fall sometime. I appreciate your interest in this important matter. Yours very truly, e-& 2 Bill Frenzel BF:dw Member of Congress THIS 3TATIONM PRINTED ON PAPER MADE WI RELY .FIBERS RUDY ROSCHMITZ COMMITTEE ASSIGNMENTS'. MINNESOTA AGRICULTURE 1 BUDGE FOREIGN RELATIONS BUSINESS SMALL BUSINESS 'Acnifeb .$Mates zenafe WASHINGTON.D.C. 3 H RECEIV ' July 20, 1988 JUL2 i1988 John K. Anderson CITY OF SHAKOPEE City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379-1376 Dear John: Thanks for contacting me about a provision of the new tax law affecting group life and health plans. I 've heard from many small business owners in Minnesota on this matter, and I want you to know I share your concerns. As you know, the Tax Reform Act of 1986 includes a provision (Section 89) that is Congress' first major attempt at imposing uniform non-discrimination tests on group life and health plans. The new law, which is effective for plan years beginning after December 31 , 1988, is extremely complex -- and clarifying guidance and regulations have not yet been issued by the Internal Revenue Service. Frankly, as I understand it, even under the best of circumstances, complying with Section 89 will be very difficult. In the absence of guidance from the IRS, employers may face extraordinary expenses in attempting good faith compliance with the law. In addition, I am concerned that small businesses may either curtail or terminate their group health plans to avoid the burden of complying with Section 89. That would clearly be an unsatisfactory result. When I first heard about this section several months ago, I wrote to Senator Lloyd Bentsen, Chairman of the Senate Finance Committee, expressing my concerns and urging him to support a delay in the effective date for Section 89 until plan years beginning six months after the IRS issues final regulations. Senator Bentsen has indicated that my suggestion may be incorporated into the technical corrections bill (S. 2238) , which is supposed to correct typographical errors and make other technical changes to the new tax law. The technical corrections bill is expected to be considered by the full Senate later this summer. In any event, you can be assured I have your concern in mind, and will do all I can to seek a reasonable solution to this DAVE DURENBERGER MINNESOTA 7 '�I�nifeD .$fafes .�iersafe wcswiHc*on. o.c. zos.o July 27 , 1988 ---, John K. Anderson City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379-1376 CITY Or SHAKOPEE Dear John: Thank you for contacting me to express your concern over Section 89 of the Internal Revenue Code . Section 89 contains the non-discrimination rules for employer provided health and welfare benefit plans. I share your deep concern over the difficulty businesses, particularly small firms, are having in complying with these complex changes . As you are aware, the Section 89 non-discrimination rules are scheduled to go into effect on January 1 , 1989. However, the Internal Revenue Service has not yet issued any implementing regulations to provide firms with guidance on how to comply with Section 89. You will be interested to learn that I have written to Treasury Secretary James Baker urging the Treasury Department to issue understandable, administerable rules as soon as possible, or to inform Congress if regulations will not be available in time for employers to comply with the January 1 effective date. The Senate Finance Committee will begin debate soon on legislation making technical corrections to the Tax Reform Act of 1986 . I am certain that the issues surrounding implementation of Section 89 will be debated, and you can be assured that I will work with my colleagues on the Finance Committee to ensure that employers have adequate time and assistance to comply with Section 89 . Again , thank you for sharing your concerns with me. It is a privilege to serve you in the United States Senate . incerely, 4AJJ�D_ D ve Durenberger United States Senator DD/ap July 20, 1988 Page 2 matter. I am always glad wh n I can be of help to y friends in small business. Please feel free to contact me aga n at any time to share your concerns. Again, thanks for gettin in touch. S'ncerely Rudy Boschwitz United States Senator RB/wle g MINNESOTA POLICE RECRUITMENT SYSTEM 13911 RIDGEDALE DRIVE • MINNETONKA, MN 55343 SUITE 343 • PHONE (612) 542-9390 SECOND QUARTER NEWSLETTER The purpose of this Newsletter is to summarizeforthe Board of Directors major activities of the MPRS for the period between April 1 and June -30, 1988. Placements During the second quarter ten placements were made through the MPRS. - Communities making such placements were Apple Valley, Coon Rapids, . - Oakdale, Plymouth, Roseville,-St.-Anthony and Wayzata. This brings to -_- - - - - - -- -- -- - twenty-eight the'number-ofplacements'madethrough-the'System-1his-year: � --_ ---- _ - In addition, at the and of the quarter twelve communities.were in the: ---. _-- - - process of interviewing candidates for a total of nineteen positions. Candidates Declining Interviews In recent months many MPRS communities have reported that a large percentage of candidates are declining local oral interviews. It has been quite common in the past for up to one-third of the candidates contacted to decline oral interviews in any community. However, recently many communities have reported that from one-half to two-thirds of the candidates who are contacted decline such interviews. We are not aware of any reason why the percentage of candidates declining oral interviews should drastically increase. In any event, communities requesting applications from the MPRS will want to make sure they have an adequate number of applications to allow for such "slippage". We also have taken steps to insure that candidates realize their applications generally are sent only once to each MPRS community. 1989 Budget In a few weeks the MPRS Executive Committee will meet to discuss next year's operating budget. A recommended budget then will be forwarded to MPRS members for consideration at the annual meeting of the Board of Directors in September. In the meantime, communities working on local budgets should assume no increase in membership fees next year and tither no increase or a very small increase in the next year's placement fee. MEMO TO: John K. Anderson, City Administrator FROM: Dave Hutton, City Engineer TO: County Road 17 DATE: August 10, 1988 Informational Item for City Council Staff has received numerous phone calls from citizens regarding the condition of the railroad crossing on County Road 17. The Chicago and Northwestern Railroad recently installed a rubberized crossing on this road and they raised the tracks so high that it is now a traffic hazard and motorists experience a severe "jolt" when crossing the tracks. This project was a County project and was totally under their supervision. I have spoken with Brad Larson, County Highway Engineer, on the subject and the County has taken the position that this installation is unacceptable to them and therefore feel the railroad should "redo" the crossing. Since Mn/DOT is funding the project, the County has asked MN/DOT to reject the work and notify the railroad that it must be redone. The County is unwilling to install temporary asphalt to smooth out the crossing until they got an answer from Mn/DOT and don't feel it is their responsibility. Staff will continue to inform the public that this is a County project and refer all calls directly to the County Highway Engineer. DEH/tiv CR-17 L /D MEMO TO: John E. Anderson, city Administrator FROM: Dave Hutton, City Engineer RE: County Road 16 DATE: August 10, 1988 Informational Item for city Council At the July 26, 1988 council meeting, Councilman Zak directed staff to request a traffic count from Scott County on County Road 16, east of County Road 83. Attached is a map showing the various traffic counts on County Road 16 taken during 1987. There are no 1988 traffic counts available as of yet, but they will become available soon. The counts listed are vehicles per day, so as indicated the traffic volume just east of County Road 16 is 1550 vehicles per day. This drops to 1400 vehicles per day at McKenna Road and drops to 1300 vehicles per day at Pike Lake road. These counts are the average traffic volumes for a 48 hour period under normal conditions, adjusted for certain factors and does include racetrack traffic. DEH/tiv CR-16 M 0 YSOI — 3q, s��_I �• � 4. I a dlalvwls� = g m s MEMO TO: John K. Anderson, City Administrator FROM: David Hutton, City Engineer SUBJECT: Downtown Streetscape Project DATE: August 10, 1988 INFORMATIONAL ITEM FOR COUNCIL There has been some concern lately over the size of the nodes at 2nd Avenue and Atwood Streets. The Fire Chief contacted the Engineering Department to notify us that they occasionally use 2nd Avenue for their fire trucks and they normally turn on Atwood to go south. Most of the time the trucks can go south on Scott Street immediately, but one of the larger trucks cannot make the turn and hence they go out 2nd Avenue to Atwood. Upon further investigation and based on trial runs by the fire department, it was discovered that they were able to make the turn from 2nd to Atwood without running over the curb. In addition, the Fire Chief indicated that they could also go down 2nd to Fuller and use Fuller to go south as an alternative route. Fuller is a wider street and will become a major north-south route once the minibypass is constructed. The nodes were designed as they were to provide protection for the diagonal parking on the east side of Atwood Street and to also maintain the driving "throats" of 16 feet on 2nd Avenue and 32 feet on Atwood. Due to the fact that some of the curb and gutter on 2nd Avenue was not replaced, the node at the southeast corner of 2nd and Atwood appears to be larger than most nodes. There will be a tree on this node along with a light pole so it won't seem so large once those are installed. In short, staff is not planning on reconstructing those nodes because they were designed that way for some very good reasons and there does not appear to be a problem with them as they are. DH/pmp INFORM MEMO TO: John K. Anderson, City Administrator FROM: David Hutton, City Administrator LAG SUBJECT: Engineering Department Monthly Report for July DATE: August 10, 1988 Attached is a project status report as of August 1, 1988 for projects that the Engineering Department is involved in. A brief summary of several projects is as follows: Vierling Drive West (1988-1) The contractor is Northdale Construction Company. Construction is progressing on the storm sewer and grading operations. 6th Avenue Sanitary Sewer (1988-2) The contractor, Holst Excavating, is currently working on Adams Street and is progressing from the tracks to 6th Avenue with the sanitary sewer reconstruction. TahDah Park Football Field (1988-4) All grading has been completed and seeding should be done shortly. lith Avenue (1988-5) The bid opening is scheduled for August 30, 1988. Market Street (1988-6) Plans are nearing completion and bids will be advertised in the near future. Downtown Streetscaoe (1988-2) The base course of asphalt has been placed on all streets. Currently, sidewalks, brick pavers and light poles are being constructed/installed. The final lift of asphalt is scheduled for September. loth Avenue Overlay (1987-3) The contract has been awarded to Hardrives, Inc. Construction will begin on August 15, 1988. Upper Valley Drainage Proiect Once Mn/DOT signs off on the agreement we can bid Phase I of the project. Project Status August 10, 1988 Page 2 VIP EBtension (1987-13) All work has been completed Vierling Drive (13th Avenue) - Hauer's 4th All work has been completed except for the final lift of asphalt and seeding/landscaping. Meadows subdivision (private) All sewer and water have been installed. Final grading is nearing completion. Gravel base will be placed on the roadways soon. Heritage Place (private) All work has been completed except for the final lift of asphalt and seeding/landscaping. Prairie Estates (private) Construction is starting on this subdivision the week of August 8, 1988. DH/pmp STATUS --- ----,----------------------,---------------- ----- / Y i s e I i is-W i i - -m _ -§- --- ---------- '-- '-------- ----- _ I � i--- i ; ; � -- -- -- _ j m i a i i ------'-- i i - s--- ------�m--- - ------- ------------''--------------- -- �'- �W a = mm eW ; ; 6 -• ; m � i m m i � i • ; i - m m ; ; m • m ; r ry : m • i m ; m � m m --------- - ___ ;+ru m -- _ m _ m i v _______ _ _ � e m , m i -- i _'mu Qmv s&a a^g �ff Wag e8 e9 ms6 dmm � Ws_ ted _ m ; ; 1 ----W --------------- ------------ --_-- -------- ------ ------------- -------------------- -- ---------------------------------------------------- i - -- = -- -- -- -- -- - ------------- - - _ - - - - - - " m _ m -------------- ----m - a "5 : _g -- --------------- -- ------ -- ------m-`--------- -------;--------------- --------- _ -o - ----- ------- - ------- --------- ---------- --�-- 1Sac Ind"^• � e•�• ->< =tm Sv _ :its lmmna zMa to gz�g '- 'a_ �a aim I�¢e� _ 22 i �� v Wow o _22 -s� CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED July, 1988 Yr. to Date Previous Year Number Number Valuation Number Valuation Mo. Ytd. Single Fam-Sewered 2 38 2,669,750 4 18 1, 570,200 Single Fam-Septic 2 9 916,700 - 10 1, 293 ,300 Multiple Dwellings - 2 216,800 - 7 645,500 (# Units) (YTD Units) (-) (4) - (-) (16) - Dwelling Additions 2 39 193,803 8 _ 46 225,966 Other 2 4 37,595 3 13 352,400 Comm New Bldgs - 1 90,000 - 4 1, 045,000 Bldg. Addns - 7 563,000 1 4 162, 000 Industrial-Sewered - 1 915, 000 - 1 600, 000 Ind-Sewered Addns 1 1 575,000 - - - Industrial-Septic - - - - - - Ind-Septic Addns - - - - 2 167,475 Accessory/Garages 7 16 121,586 1 18 120,628 Signs & Fences 13 39 53,545 5 36 69, 530 Fireplaces/Wood Stove - 5 17,500 1 6 15, 100 Grading/Foundation - 1 500 2 5 56,400 Remodeling (Res) 4 18 80,550 4 21 143,655 Remodeling (Inst) - - - - - - Remodeling (Comm/Ind) - 15 204,000 - 21 283, 950 TOTAL TAXABLE 33 198 6,655,329 29 212 6,751, 104 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 33 198 6,655,329 29 212 6,751, 104 No. Ytd. - No. Ytd. Variances 2 7 4 12 Conditional Use 2 12 1 15 Rezoning _ 1 2 - 1 Moving 2 3 - - Electric 27 166 42 137 Plbg & Htg 14 164 30 162 Razing Permits Residential - - - 1 3 - - Commercial - - ' Total dwelling units in City .after completion of all-construction - ---- --- - permitted to date. . . . . . .4,236 - - Cora Hullander '- - -. Building Sec. - - - -. r3 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JULY, 1988 7872 Chris Steinert 1818 County Road 89 House $ 90,500 /s //s -;-z 7873 John Ostdiek 1 Checkered Flag Blvd. Sign $ 100 7874 Scott Rein 665 Jackson Alt. $ 6,000 7875 Signs of Quality Prairie Estates Sign $ 200 7876 Cecil Clay 2085 Austin Circle Deck $ 1, 100 7877 Signs of Quality Prairie Estates Sign $ 100 7878 James Rein 1005 Sibley Garage $ 6,800 7879 Terry Lusignan 834 S. Scott Garage $ 10,200 7880 Michael Menke 591 H`een ne% Ave. , / House $ 85,700 7881 Elmer Otto 1057 Eastview Circle Fence $ 426 7882 New Century Const. 2000 Marschall Rd. House $ 61,400 7883 Signs Unlimited 222 S. Lewis St. Sign $ 2, 000 7884 Novak-Fleck Meadows Sub. Signs $ 700 7885 Identi-Graphics 615 Marschall Rd. Sign $ 2, 000 7886 Robyn Lee 1097 VanBuren Alt. $ 300 7887 Gordon Grannes 5015 Eagle Creek Blvd. Alt. $ 650 7888 Void 7889 Michael Menke 1155BMe keY7 Circle House $ 98,000 7890 William Lepley _ 1925 E. 1lllth••'Avv-e C•••✓ Deck $ 1,200 7891 John McGovern 406 W. 1st Ave. Sign $ 100 7892 Danny's Const. 800 W. 1st Ave. Alt. $ 575, 000 7893 Void 7894 Julian Ruppert 1019 Dakota St. - _ Garage $ 3, 000 7895 Sign Service 4500 Valley Ind. Blvd. Sign $ 4,445 7896 -Clete Link 136 E. 6th Ave. _ Garage $ 8,000 . 7897 Terry Hennen 1116 Jackson St. Garage $ 500 7898 John Radermacher 425 S. Lewis Fence $ 600 7899 S.M. Hentges 1513 W. 3rd Ave. Fence $ 500 7900 Gerald Dircks 907 Pierce Stg. Bldg $ 1,000 7901 Thomas Roger 2060 Bridge Spur Pool $ 8, 095 7902 Void 7903 Void 7904 Wallace Bakken 1251 E. 1st Ave. Sign $ 3, 000 7905 Floyd Jensen 1026 Market St. Stg. Bldg $ 400 7906 Jim Hauer 128 W. 3rd Ave. Demo. $ 2, 000 7907 Void 7908 James Fox 1708 W. 12th Ave. Repair $ 20, 000 7909 Dave Rief 661 Hennes Ave. Addn. $ 3, 000 SHAKOPEE COMMUNITY RECREATION RECEIVED BOARD MEETING - 7/18/88 AUG ^ 11988 The meeting was called to order at 7sO5 pm()*y r JSHMetl f�gt in the Community Recreation Board Meeting Room. Present: Rfalund, Wermerskirchen, Roper, Sheldon and Carlson. Absent : Scott Others s Debra Bates, Community Education Director and John Anderson Staff G. F. Muenchow, Director) M. McQuillan, Program Supervisor; and Kathy Levis, Receptionist. Sheldon requested that the Financial Report be held from the Consent Agenda. Motion by Wermerskirchen/Sheldon to approve the Consent Agenda. Motion carried. Motion by Wermerskirchen/Sheldon to approve the June 16, 1988 Board Meeting Minutes. Motion carried. (Approved under the Consent Business) Motion by Wermerskirchen/Sheldon approve the Minutes of the July 12th Work Session. Motion carried. (Approved under the Consent Business) Motion by Wermerskirchen/Sheldon to approve the July Outstanding Bills in the amount of 94, 206. 34. Motion carried. (Approved under Consent Business) Berens Market Grocery Item Supplies used for 9 37. 62 the summer playground activities, includlno a 10% discount of 92. 14, City Of Shakopee Workmans Compensation for 1988. 2, 018. 00 Inv. t3393 Clerical @ 9 71. 00 Municipal @ 185. 00 Parke @ 1, 762. 00 Sport About 4 Soccer Belle @ 914. 50/en. 121. 75 @ 958. 00. 17 Incrediballe @ 93. 75 = 963. 75 Valley Sports Inv. ♦'s 001390, 002704, 002903 6 790. 33 9002700. Purchase of Trine Posters, soccer balls, playground balls, whiffle balls, incrediballe, mini- basketballs, 2 youth baskets and youth scrimmage vests plus numbers. I � M. J. McQuillan Mileage Expense for Mark McQuillan - 43.68 208 mi. @ 9. 21 mi. Royal Crown 10 ca. Aset. Pop @ 97. 70/ce. For Pop 77. 00 Bev. Co. Machine. Duebers 2 Bat b Ball Sete for Ball Skills 13. 80 Program @ 92. 69 plus Candy b Gum @ 91. 87, Balloons @ 95. 25 and Ribbons @ 91. 30. Doug Busch Picnic Permit Refund @ 920.00 20. 00 I. S. D. 0720 Printing done at Central Duplicating 275. 08 April Billing @ 9 141. 68 May Billing @ 133. 40 Yaruaeo's Hdve. 15 pr. Twin Packs 48" Fluorecent Lgta. 52. 35 Personnel Decisions 1 Revised RSP (Mark McQuillan) @920. 00 55. 20 Inc. 1 Hierarcy Report plus postage/courier @ 935. 20. I. O. S. 1 ca. Hulti-Machine Toner (Black) @ 83. 50 98. 05 x 4 plus 93. 50 freight. Inv. NK01031. I. O. S. Copier Maintenance w/o toner @ 985 230. 65 plus 7. 666 additional copies @ 9145. 65. Inv. 1'029012. City Of Shakopee Fuel Usage - June 1988 Unleaded - 46. 43 60. 1 gallons @ 9. 7725. Inv. Y3401. Valley Sports Invokes •'e 002975 6 002877. 24 168. 56 cane Tennis Bells @ 92. 59 = 97. 60/ea. = 9106. 40. Real Gem Awards 36 Blue, Red b White Ribbons for Dog 10. 80 Show, July 1988 @ 930/ea. N. W. Bell Current Chargee for SCR Office. 108. 44 Minnegasco Current Billing for S. C. R. Office 3. 15 U. S. Postmaster 2 Rolla 9. 25 stamps for office postage. 50. 00 TOTAL 94, 206. 34 Motion by Wermerskirchen/Sheldon to approve the correspondence regarding the Re-appointment of Paulette R£alund to the Shakopee Community Recreation Board by the Shakopee School Board. Motion carried. (Approved under Consent Business) After answering Sheldons question regarding where Pop Machine revenue was being shown in the Financial Report a motion by Sheldon/Carlson to approve the June Financial Report. Motion carried. Staff Report was given by Director Muenchow discussing the Activity Report. Director Muenchow stated that he is very pleased with the numbers which turned out for the various programs plus the quality of the programs and the playground staff. Director Muenchow commended Bonnie Karat for her Job as coordinator in T-Bell, Mite and Sandlot Soccer programa. Under Current Activities Director Muenchow discussed how busy with various activities the Shakopee Community Recreation Office has grown. Softball Players Rule Infraction Report was giver. by McQuillan. Bates questioned how the Ball Skills Program was progressing. McQuillan reported that numberwise it was running about what was expected. Evaluations are being mailed out. A few minor alterations will be made, possibly extending it to 5 weeks without any change in coat ve 2-4 week sessions. According to other communities who use it the program starts out slow but is known to blossom quickly. Director corrected the misconception that McQuillan receives overtime pay. There was no Shakopee Community Education Advisory Report and will not be any until September 1988. Shakopee Showcase Report was given. Mike Walsh gave permission to go down the hallway further at the Senior High School. This will help people move around the building more easily. Possibly positioning key groups in places such as the library will help alleviate the overcrowding etc. Mark, George and Chair Rialund met with Mr. Pat Dawson, Marketing Mgr. of Canterbury Downs regarding various questions that needed clarifying before a decision could be made about the use of Canterbury Downs for the 1988 Shakopee Showcase. Canterbury wishes to practice operating the Food Stand, but all revenue would be given to the Dollars For Scholars program. This still will be checked out with the General Manager of Canterbury and he will get back to Shakopee Community Recreation in a couple of weeks. Canterbury prefers a Saturday afternoon for the Showcase where Shakopee Community Recreation emphatically prefers to remain with the Monday evening Showcase. Dancers could use a stage arrangement placed over the chairs. There also to the possibility of all the dance groups going at one time on each of the three floors. Steps, escalators and elevators can be used to get from one floor to another. The purpose of the Showcase is two-pronged; 1 ) It takes pressure off the office registrations plus 2) Gives the chance to display the activities that are similarly related in this field. Mention was made of the possibility of charging the commercial people a registration fee if they are getting a fairly good doge of marketing. Also discussed was the name Shakopee Showcase. If this is to be only for Community Recreation registrations, it was suggested that the name should be changed to Shakopee Community Recreation Showcase. McQuillan suggested that in the event Shakopee Community Recreation uses the Senior High School for the 1988 Showcase that the booths be moved back to the walla to accomodate more hallway booths into the gymnasium. Also suggested was to use one entrance to enter and the other to exit. Other solutions that staff must come up with an answer for are: 1 ) Dance studio auditorium scheduling and 2)Outafde parking problem. Motion by Carlson/Wermerakirchen to remove the table from the Budget Committee Report. Motion carried. Shakopee Community Recreation Board feels that the City Pay Plan of a plus or minus 5% corridor be modified to a plus or minus 8% corridor and be a year behind in points per rata for the Shakopee Community Recreation Office. Roper stated that in discussing the Shakopee Community Recreation Pay Plan structure, it is very comparable to +�e School District *720 Pay Plan structure. User Fees for Non-Shakopee Residents were discussed: Out of 5, 160 Shakopee Community Participants 511 are Louisville and Jackson Township residents, 13 Savage residents, 89 Prior Lake NCN residents, 136 Jordan residents and 280 Miscellaneous. 1n� Motion by Roper/Wermerakirchen to direct staff to institute a Non-resident User Fee Policy of a3/per on-going activity, excluding City Of Shakopee Swim Season Tickets and Swim Instructions but remaining with the 95 Seasonal non-resident (grandfathered) Player Activity Fee for softball. Motion carried. Non-Resident User Fee Policy will be submitted to Shakopee Community Recreation Board for their approval at the August Board Meeting. After approval of parent bodies this roposed concept will be incorporated into the current 1989 Proposed Budget process. Policy Committee Report was given by Wermerskirchen. At this time meeting dates are being set up and readying of the handbook is being done. The handbook should be done by the end of September and evaluated by November. Community Center Report was given by Anderson. No specific action will be taken for the next 2-3 months. Director Muenchow requested to attend the 1988 National Recreation and Park Association Annual Conference in Indiana. Motion by Roper/Carlson to grant Director Muenchow permission to attend the 1988 National Recreation and Park Association Annual Conference in Indiana. Motion carried. Other Business discussed were 1 ) Auxiliary Organization Budgets and how pleased the Board was to see some being submitted. 2) Motion by Roper/Carlson to direct staff to check out with the Baseball/Softball Association the participation of 16-18 yr. olds in Modified Softball. Motion carried. Motion by Carlson/Roper to adjourn. Motion carried. Respectfully submitted, Patricia Sheldon, ,(1S�,e,�cty. q '� .�U "_ /5 MIBUIES OF THE SHAKOPEE POBLIC UTILITIES OCMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on July 11, 1986 at 4:30 P.M. in the Utilities meeting room. MEMMS PMEdr: Commissioners Kephart and Cook. Also Liaison Wanpach, Manager Van Bout and Secretary Menden. Camissioner Kirclmeeier arrived later. Motion by Kephart, seconded by Cook that the minutes of the June 6, 1988 regular meeting and the July 1, 1988 regular meeting be approved as kept. Motion carried. Liaison Wampach gave a progress report on the downtown redevelopment. The decision not to loop the water main on Atwood Street due to the high cost was reported by Manager Van Haut. the Ccar fission was in agreement with that decision. A co munication from Canterbury Downs thanker Art Young and Ken Menden for assistancein making a water pipe repair was read. The Commission received the Communication and it will be placed in their employee files. An audit proposal from Jaspers Streefland Co. was given to the Commission. Motion by Kirch Bier, seconded by Kephart to engage the firm of Jaspers, Streefland Co. to conduct the audit for 1988 in the amount of $6,800.00. Motion carried. Manager Van Hout reported of a water service leak on First Avenue that was repaired. Steve Hentges and Sons, Inc. were hired in the repair work as had been routinely done in the past, since they have the large equipment needed to work on First Avenue. The hiring of Hentges and Sons Was acceptable to the ConmiSSion. The safety Classes for the Shakopee Public Utilities Commission employees was conducted by Spectrum, Inc. on June 28 and 29, 1986. Manager Van Bout reported on the good quality of the classes and instructors. On the whole,citimm of Shakopee are cooperatin'9 with the watering ban and they are to be co m ended. Commissioner Kirchneier suggested a notice be put in the paper thanking them for their cooperation and public spirit. Bids for the balance of the computer equipment were reported by Manager Van Bout. Motion by Cook, seconded by Kephart to accept the low bid from Office Products of Minnesota in the amount of $14,301.00 for the computer system quoted. Motion carried. The preliminary plat for Prairie Estates had been received for review. The C=ission approved of the attendance of Manager Van Hout Bout at meetings of the Minnesota Municipal Utilities Association cGlanittees. There were four fire calls for the total man hours of two hours and 55 nim tes. There were no lost time accidents for June, 1986. The next regular meeting will be held on August 1,1988 in the Utilities meeting xvam. Motion by Kirchmeier, seconded by Kephart that the meeting be adjourned. Motion carried. R a � Barbara Menden, Ccuaassiou Secretary /5 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Special Session) The Shakopee Public Utilities Commission convened in special session on July 27, 1988 at 5:45 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, Kephart and Kirchmeier. Also Manager Van Rout and Secretary Menden. Various matters were brought before the Commission with a discussion following. Motion by Kephart , seconded by Kirchmeier that the meeting be adjourned. Motion carried. Barbara Men en, ComQission Secretary TENTATIVE AGENDA - - - -- _-- Energy and Transportation Committee Shakopee, Minnesota - August 18, 1988 - Chrm. Ziegler Presiding: - - 1;:1: Roll Call at 7:00-P.M. -- - -- - - - - - 2. Approval of Minutes - June 16, 1988 3:- ,.Van Pool Unlimited Personal...-Mileage.-Policy -- -- - - =` 4. 'Van PoolFarePolicy -- -- -- --- - -_ _ . 5.__Home Energy. Check-Up-. Program_Auditor_Agreement- ---. -- 6. -Scott County Solid Waste Disposal ordinance` (Verbal) - 7_- Informational- Items Verbal)7. Informational_Items a. Dial-A-Ride Monthly Report -- - -- -- - b. Dial-A-Ride Saturday Service Report C. Van Pool Monthly Report - d. Business Update from City Hall a. Recycling Report S. Other Business a. Next Meeting-Thursday, Sept. 15, 1988 - 7:00 PM b. 9. Adjournment Barry A. Stock Administrative Assistant CITY OF SHAKOPEE / 7 ENERGY AND TRANSPORTATION COMMITTEE Regular Session " - - Shakopee, MN June 16-, 1988 _ Vice-Chairperson-Schmidt cal3ed-the-_meeting:-to-order'at7�0 P.M.— -- - -- withcommissionersEahleck, Roman, Spiotta, Prudoehl andSchmidt . _. present. Commissioner Ziegler was absent. Also present was Barry A. Stock, Administrative Assistant. - - - - - - Roman/Prudoehl movedto approve the minutes of the May 12, 1988 _meeting=as "kept:--=Motion:.:carried unanimously. - - --- ------Mr.--Stock-reported that-last fall-the-City""of-Shakopee"received a" — --- grant from the Department-. of Trade and Economic Development to initiate a Saturday Dial-A-Ride Program on a demonstration - - --- project basis. The-demonstration- project will - end on -July 9, - - - ----1988-.- Staff --is-there£ore-recommending-the-Committee-review the - --- --------Dial-A-Ride _service- during-the-last-six months "and decide whether_ —_-- or not it should be continued on a regular basis. - Mr. Stock-notedthat- originally the Saturday Dial-A-Ride program- - - -- -- - - --- operatedbetweenthehoursof 9:00 AM-- and 2:00- PM. - In April, - -- service was extended to 5:00 PM. Mr. Stock reported that..when. - - the service hours were extended to - 5:00 PM, - a significant - ---increase" in-ridership occurred.-- MrcStock-noted that the'subsidy =- - per passenger trip on the Saturday Dial-A-Ride programis higher than the week day service but that this can be expected- with _ a --new service. Mr. Stock stated that he felt that the ridership data showed support for continuation of the program on a regular basis. Mr. Stock noted that the majority of the users for the Saturday service fell into the general public category. This was contrary to what we normally encounter on the week day service. The majority of the week day ridership is comprised of students and senior citizens. Mr. Stock stated that he is recommending that the Dial-.A-Ride Saturday service be continued through the remainder of the contract duration. He is also recommending that the Dial-A-Ride contract be amended accordingly. He noted that should the Committee decide at a future datetoeliminate -the- Saturday Dial- - A-Ride service that this would be possible. - Mr. Stock stated that he included in the proposed Dial-A-Ride amendment that the City would have the ability to cancel the Saturday Dial-A-Ride service upon a 30 day written notice to the contractor. Commissioner Roman questioned _.how Dial-A-Ride riders were notified of changesinservice. - Mr. Stock reported that when a change in service occurs- such as a fare increase or a service- - expansion, .notice of the changes are postedinthe. ,.-vehicles. __ -- Occasionally,__ we- -also --distribute:- flyers -to�_all__the _-riders _ -- ---- advertising the . change in -service. '.. we also use advertising in - 1 the Shakopee Valley News. Mr. Stock -then reported that the Southwest Metro Transit Commission has requested that the Dial-A-Ride contract -be' amended `--- eliminating:: the:_-provision of _handicapped_ service._ _-Mr_.. _Stock:---- .._ -- noted-that -Metre-Mobility--has recently-expanded-th_eir-service -- - area into Scott County and -Carver-County. - Therefore, to continue---- -- - providing handicapped service would simply be -a duplication-- of - -- services. Mr. Stock- also noted for the record that since our - - --- - service began in _1984 we have only carried four wheelchair- -- - - passenger = trips -- He--stated-that he - is therefore--recommending--. -- -- - -- -- that-theDial-A-Ride--contract-be-amendedaccordingly--deleting-the---- provision of handicapped service.- ----_-- - -- -- - ----- --- - __---- Commissioner Spiotta questioned--whether or:- not the .City's handicapped users wouldhave . to use Metro- Mobility. --.-.-Mr. Stock - -- responded in the. affirmative.---- - Commissioner.--Spiotta---then - questioned --- - - - _ whether. or - not - the-.Metro- Mobility-_Service--was--as ----- -responsive as--our�ervice. -Mr.- Stock_.noted=thab_our=handicapped _- -- service is availablewitha -24 hour advance notice. Hestatedthat the Metro Mobility Service would also be available within - - thattime frame." - He-went onto-state-that he could'not comment - - -- - - on the reliability or responsiveness of-their-service:- -Mr:- Stock - - -- -. went -on:.to statethatif in -the future theCity ofShakopeewould-:-- 3_ like to reinstate the provision of handicapped service, he did -- not feel the contractor would object. Mr. Stock also noted that - Scott County Human Services does have a handicapped vehicle and is providing the majority of the handicapped service to the elderly population in our community. Commissioner Roman questioned how much the provision of handicapped service was costing. Mr. Stock noted that in our current contract it is not broken down on a line item basis. our current contractor has a storage facility in Burnsville which has many handicapped vehicles. Therefore, Mr. Stock felt that the actual cost for the provision of handicapped service under our current Dial-A-Ride contract was very minimal. Rahleck/Spiotta moved to recommend to City Council that the Dial- A-Ride contract amendment #7 be approved extending the Saturday Dial-A-Ride service hours through the remainder of the contract period and eliminating the provision of handicapped service. Motion carried unanimously. - Mr. Stock noted that last Fall the City of Shakopee received a - - grant from the Department and Economic Developmenttoinitiate a -Home Energy check-up Program. The grant agreement called for the -- _. _. .__. City to complete 175homeenergy check-ups-prior--to. December--31,---- - -- 1988: - - Because-the -public-response to-the- program- has been less " _- --- -----. than- _satisfactory,__-staff--is-- -recommending-that--the -Energy---and-------- ---- Transportation Committee.=Teview-==possible==alternatives- for ----- = continuing or ending the program at this time. - 2 Mr. Stock noted three reasons for the poor public response to the program. First, he felt that the Minnegasco requirement to -- specify that the program is only available to qualified --applicants-may-_have-discouraged-some- persons--from--applying-for------ the_ program. , _ Second, the stabilization of energyprices and the - ----- -fact- .that �we-.-are=now-into=. the warmer months may have had--an `-- -. affect on the demand for the program. Finally, he stated that he and the Assistant Building Inspector have not hadthetime to put into the program to -makeit asuccess.` - - ' --- - - Mr. Stock then reviewed several courses of action that..the -Energy . - -- and.-Transportations_Committee-could-consider.-_-The -first-included- -- =-----an-agreement-between the=- Scott%Carver/Dakota - Community Action- - _ _--:Agency -.and the City of Shakopee--which- would - have-their-=agency - -- complete audits within the City ofShakopeeon a-contract basis. The City of Shakopee would still -be- responsible for marketing-the- - -- - program -and purchasing- the-' home energy. check-up materials..-.--The. -= second alternative - would-_simply -be to-maintain -the programasit - --- ---prese7rtly=-exists:- --Mr.--Stockrnoted-that if-`we do pursue this _. - - - course of action- it is likely that we would not be able to complete the number of audits agreed-to.-- We would- therefore have --`-- ''-to -reimburse the Department of - Trade--and Economic Development - approximately $3,000 for audits that were not completed. The _ third alternative would simply be to discontinue the program at this time and reimburse the Department of Trade and Economic - Development $3,000 for uncompleted audits. - Mr. Stock-noted- that - we still have a grant agreement with Minnegasco to perform 150 audits next year. However, we are not contractually bound to complete the audits. Commissioner Schmidt questioned whether or not the audits were conducted only during the winter months. Mr. Stock stated that the audits could be completed and are available year around. He however noted that this is the busiest time of the year for the City's Building Department and our auditor does not have time to complete the number of audits being requested. Mr. Stock noted that there were approximately 20 individuals on a waiting list. Commissioner Spiotta questioned whether the problem was the lack of interest in the program or the lack of time to complete audits. Mr. Stock noted that it is a two fold problem. At the present time we do have a waiting list of 20 individuals. However, these 20 individuals were solicited at the recent Shakopee Open House. - A bigger problem is the fact that- our-home energy auditor does not have time to complete the audits. Commissioner Prudoehl statedthatseveral persons talked to her - regarding '-:the_=program and'--their--- feeling -was ' that - -we--were - - ---requesting_.-too much -personal—information-on the -application-form:-- - ---- -- - - --- - Mr. Stock stated that he did not feel the information being requested -was_,unreasonable. -We=-need--financial in£armation--t - - rank applicants based on need. -Mr.-Stock noted-that to date all - - 3 applicants have been approved for a home energy check-up. He did not anticipate there being aproblem in future with too many r . . .applicants.. However,- he ::-felt --that we should-- still ask - the=--- -- questions _ as they_,..are listed_ on the application__to--ward. -off --- - - = potential problems .that-may-arise in-the_-future-should demand for program increase. - - _---- _. - Commissioner Spiotta stated that she had a concern with going with the local_community action agency. She-felt-that residents - in. the -community would feel that this is an agency program and _ - not a City program.-- Mr. Stock noted that an arrangement could be - - _-worked-out-between-the-agency-and- the--City-of-Shakopee-to-make--it -- ---clear.- that>when:-the-auditor is performing--the--audits-he-would be --=- . -a representative--ofthe-City--of Shakopee--and-would-speak-to -the------- _- program as ifhe were anemployee -of the- City- of--Shakopee.-- The -- - ------City -would-- -still--- serve asthefirst contact-for persons requesting-an.=audit...and-all-correspondences=and-.advertising--would^------ - -_,be initiated from .City Hall Mr. Stock- noted--that.-as-- another --- - - -_alternative the City could contract with a private--individual-to- -'_ - - perform the audits. However, - hefelt that thiswouldbe cost . prohibitive. Discussion ensued. Prudoehl/Roman moved to recommend to City Council that the City of Shakopee submit an amendment request to the - Department of - - Trade and Economic Development extending the Community Energy Council Grant Agreement- one additional year and authorize the appropriate City officials to enter into an agreement with the Scott/Carver/Dakota Community Action Agency for home energy check-up auditor assistance. Motion carried unanimously. Mr. Stock reported that the City's Dial-A-Ride contract with Kare Kabs Inc. expires on April 15, 1989. The Dial-A-Ride contractor has requested the City of Shakopee to consider extending the Dial-A-Ride contract at this time. Mr. Stock stated that he has contacted our City Attorney to determine if there was a problem from a legal stand point to extend the contract. The City Attorney advised him that since the contract did have an extension provision, he felt the City would be obligated to rebid the contract. Mr. Stock also noted that it is common to City practice to rebid major contracts for services every three years. Mr. Stock went on to state that he contacted the RTB to determine their position on the extension of the Dial-A-Ride contract. The RTB staff informed him that they did not have a problem with the City extending the contract; -_ - --_-- -- - -- - - . ----- Mr. Stock stated that rather than rebidding the--contract-he- is----- recommending -that---the- city- pursue--the--requestt-for- proposal-- --- process. This processwould give-the City-greater-flexibility-in .selecting the provider and would - encourage--innovative`proposals. -- - - ---- _Mr...-Stock--noted:.-.-that--he is also -recommending=that-.==the -City of Shakopee-_work- with- _the__Southwest-_.Metro--Transit--System--- in -- - - preparing proposal specifications. -- He felt---.thatby: .combining -the -- _-- 4 / 7 two service areas we could expect to receive a lower cost proposal then what we are currently receiving. _ - Commissioner_Spiottaquestioned whether-or-not-we- had-to--include _ -- Southwest--Metro--into--our--proposal-specifications.-" Mr --Stock-- --- ___ . ---- statedthat--we- wereander-no_ obligation to_-include_them_ a-our- --- - - proposal specifications but thathefelt-wecould- receive=lower - -- - cost by doing so:- -Commissioner Spiotta suggested .that the City _- develop two separate - proposals:--=-One--a hich -would include the Southwest Metro Service --Area and-one that-did- not.- Itwasthe -: consensusof the-Committee to pursuethis--course-of- action.--- --- _ - --------Spiotta/Roman-moved to-direct-the-appropriate-City --officialsto__ =-=begin—working-=on=-moo=sets-of-=Dial--A-Ride- -Request—for-proposal- - -- Specifications.- --. One- including:--the-Southwest Metro- Service-Area--- - - - - -'- and one that -simply focused on the-' City-of- Shakopee- Dial-A-Ride- -Service Area. Motion carried unanimously. --- - -Mr.- Stock - noted--that''approximately b'--months.-ago -the Energy and - -- - - Transportation Committee recommended to City Council a Dial-A- _-Ride-fare- increase. Staff is now recommending that the fare --- - structure be reviewed to determine if it should bechangedat this time. Since the fare increase, staff has received two written complaints from Shakopee residents. The two complaints both focus on the increase and the advance notice for reserving a ride. Mr. Stock then reviewed the Dial-A-Ride ridership statistics since the fare increase. He noted that ridership dropped following our fare increase but that it has continued to grow since the fare increase. He felt that next fall we would be having the same ridership problems that we experienced this past January and February. Based on the increasing ridership and the fact that we have had few complaints, staff is recommending that we maintain the status quo for the Dial-A-Ride fare structure. Discussion ensued. Kahleck/Roman moved to maintain the status quo for the Dial-A- Ride fare structure. Motion carried unanimously. Mr. Stock presented two possible transit mission statements for the Committee's review. After much discussion, the Committee moved to adopt the following as their transit mission statement: To evaluate and improve the performance, efficiency and productivity of the local transit system by identifying the - - transit service .needs of.--all- -citizens and - delivering the - - . appropriate transit _services 'While- balancing available energy and - -- financial resources r- -- - - - - - -- --- - - - _-- -- - -- - .. _Spiotta/Roman moved- to' adopt- the transit -mission -statement and _--- _- .that. it -be reviewedon-.-_an-_-::annual.-:-basis_ --Motion==:carried- -- `- ----unanimously. --- _ 5 Mr. Stock then reviewed the Dial-A-Ride monthly report and Van - _ Pool monthly report for the Committee's information. Mr. Stock - - - also reminded the Committee of the_-_-City Board. and Commission --picnic:-scheduled-for-July 11,`-1988. -- - -- - ' .--_ - -.==-Kahleck/Roman - moved--to--adjourn-the -meeting- at 8:20--P.-14-. -Notion carried unanimously. _Barry A. 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Meeting 3] Re-convene 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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. ) *7] Approval of Minutes of July 19, July 26 and August 2, 1988 8] Communications: *a] Neighbors on Merritt Court re: Elimination of Cul-de-sac Island b] AMM re: Transportation Advisory Board (TAB) Nominations C] 9] Board and Commissions: Planning Commission: a] 11th Avenue R-O-W within Prairie Estates *b] Rezone South 1/2 Block 3, Koepers Addn - I-1 to I-2 *c] Sidewalks along C.R. 17 *d] Easement for Prior Lake Spring Lake Watershed District Drainageway within the Meadowbrook Run Subdivision e] Capital Improvements Program for 1989-1993 f] Amendment of the City's Thoroughfare Plan for the T.H. 169/101 Bridge and Interchange (Mini By-Pass) 10] Reports From Staff: (Council will take a 10 minute break around 9:00 p.m.) a] Placement of Storage Shed and Improvements made upon Public Land behind 1162 Limestone Drive b] Heavy Duty Air Certificate of Occupancy Fee c] Robert Vierling Correspondence dated 8/8/88 d] Interim Highways 101/169 Intersection Improvements e] Dust Control f] Highway 101 Shakopee By-Pass (Southerly) g] Upper Valley Drainage - Scherber/Clark Acquisition - Tabled 8/2 - Bring Item 9b from 8/2 *h] Prior Lake Spring Lake Watershed District *i] Partial Estimate No. 2 - Huber Park Trail 1987-15 *j] Partial Estimate No. 6 - Vierling Drive 1987-12 TENTATIVE AGENDA PAGE TWO AUGUST 16, 1988 10] Reports from Staff: (continued) k] Partial Estimate No. 9 - Downtown Streetscape 1997-2 *1] Partial Estimate No. 2 - Tahpah Park Football Field 1988-4 m] Risk Manager Selection n] Approval of the Bills in the Amount of $181,279.94 *0] Application for Temporary 3.2 Beer License by St. Mary's Catholic Church *p] Capital Equipment: Stinger Monitor with Nozzle Tips q] Minnesota Data Practices Act r] Murphy's Landing Consultant Report (memo on table) 111 Resolutions and Ordinances: a] Res. No. 2935, Awarding Sale of Bonds 1988A *b] Res. No. 2939, Appointment of Election Judges *c] Res. No. 2940, Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment 13th Avenue (Vierling Drive) 1987-12 *d] Res. No. 2937, Declaring Adequacy of Petition and Ordering Preparation of Report - 3rd Avenue Between 6th and 3rd Avenue *e] Res. No. 2938, Accepting Bid on the Pavement Preservation Project 1988-8 *f] Res. No. 2936, Approving Plans and Specs and Ordering Advertisement for Bids on Market Street 1988-6 g] Ord. No. 247, Annexation of School District 720 Property h] Ord. No. 251, Official Maps and their Effect and Providing Procedures in Connection Therewith 12] Other Business: a] LeRoy Houser would like to have a work session with Council on August 23rd re: Housing Code Enforcement. This is also an acceptable date for a second worksession with Mn/DOT on the T.H. 101/169 Bridge and Interchange (Mini By-Pass) . b] Councilmember Scott requested a brief review/discussion of special items staff is to prepare reports on for 1989 Budget preparations. I will review items currently on our list. C] 13] Adjourn to Wednesday, August 17, 1988 at 6:30 p.m. John K. Anderson City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting August 16, 1988 Chairman Steven Clay presiding 1. Roll Call at 7:00 P.M. 2 . Approve the August 2, 1988 Meeting Minutes 3 . Shakopee Valley Square Redevelopment Agreement 4. Shakopee Square Properties Letter of Credit 5. Bergquist Development Proposal 6. Other Business a. b. 7. Adjourn to August 17 , 1988 Dennis R. Kraft Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY Reg. Session Shakopee, Minnesota August 2, 1988 Chrmn. Clay called the meeting to order at 7: 00 P.M. , With Commissioners Scott, and Wampach present. Comm. Zak arrived at 7:05. Absent: Comm. Vierling. Also present: Mayor Lebens, John Anderson, City Administrator; Dave Hutton, City Engineer; Judith Cox, City Clerk and Dennis Kraft, Executive Director. Wampach/Scott moved to approve the meeting minutes of July 26, 1988. Motion carried unanimously. Cncl. Clay asked for comments from the audience regarding the proposal by the Scott County Housing and Redevelopment Authority for the purchase of the former Minnesota Correctional Facility to be used for a Criminal Justice Center. Glen Graben, 919 5th Avenue West, stated his opposition and added that he believes other area residents feel the same, but will not come to speak out against it to the Commission. Cliff McCann, Scott County Deputy Administrator said Scott County would like to proceed with the project by this fall and that Scott County has, at this time, no other use in mind for that property. Scott/Wampach moved to hold a public hearing on Wednesday, August 17, 1988 regarding the Scott County proposal for a Criminal Justice Center at the former Women's Prison site. Motion carried unanimously. Wampach/Zak moved to table discussion on the Shakopee Valley Square (Bakken) T.I.F. Project until August 16, 1988 to allow for a meeting between City Staff and Mr. Bakken' s attorney. Motion carried unanimously. City Atty. , Julius A. Coller, II, arrived at 7 :35 P.M. Wampach/Scott moved to instruct the Executive Director to indicate to Mr. Jongquist that the HRA is not interested in purchasing the Fairest Made Foods property. Motion carried unanimously. Wampach/Scott moved to appoint Comm. Wampach, City Council, and Comm. Zak, HRA, to sit on the contact team to discuss the possibility of a development package for the Bergquist Companies; meeting to be held August 4, 1988 at 3: 30 P.M. Motion carried unanimously. Proceedings of the Housing Shakopee, Minnesota and Redevelopment Authority Page -2- Wampach/Zak moved adjournment to August 16, 1988. Motion carried unanimously. Meeting adjourned at 7: 35 P.M. Jane VanMaldeghem Recording Secretary 46:-'5 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Dennis R. Kraft, Executive Director RE: Shakopee Valley Square Redevelopment Agreement DATE: August 11, 1988 INTRODUCTION: The HIAA staff is in the process of attempting to renegotiate the developers agreement with Mr. Wallace Bakken dba Shakopee Valley Square Properties for TIF Project 46. BACKGROUND: The HRA staff met with Mr. Bakken and his legal and financial advisors last week in an attempt to arrive at a mutually acceptable set of terms for dealing with the Shakopee Valley Square TIF Project. After meeting with Mr. Bakken and his financial consultants it was determined that a request would be made to continue this item until September 20, 1988 in order to allow a complete project analysis to be made by the developer. ALTERNATIVES: 1. Continue to September 20, 1988. 2. Do nothing at this time. RECOMMENDATION: Alternative $1 is recommended for the reasons stated above. ACTION REOUESTED: Move to continue this item to September 20, 1988. � 4 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Dennis R. Kraft, Executive Director RE: Shakopee Square Properties Letter of Credit DATE: August 10, 1988 INTRODUCTION• The Shakopee HRA holds a letter of credit from Shakopee Square Partners in the amount of $50,000 for the Shakopee Valley Motel and Campground Project. BACKGROUND: The developers agreement which was entered into between the Shakopee HRA and Shakopee Square Partners included the provision for a $50,000 letter of credit which would provide protection for the HRA in the event of non performance consistent with the terms of the developers agreement. This letter of credit expires on September 1, 1988. I£ action is not taken the HRA loses the opportunity to access this $50,000. This money would be used to pay for costs already incurred by the HRA including legal, issuance, capitalized interest and administrative costs as well as liquidated damages. The project will officially be in default as of August 19, 1988. The HRA needs to take action on this issue now by directing the Executive Director to draw on the letter of credit. ALTERNATIVES: 1. Direct the Executive Director to notify Norwest Bank that the Shakopee HRA wants to draw $50, 000 from the letter of credit. 2. Direct the Executive Director to inform the developer that the letter of credit will be drawn upon unless it can be extended for a six month period. RECOMMENDATION• ." Either alternative #1 or #2 above will continue to provide financial protection for the HRA therefore either course of - action is acceptable. ACTION REQUESTED: Move to direct the Executive Director to draw $50,000 from - the Shakopee Valley Square Property letter of credit unless an acceptable extension can be negotiated prior to the date of expiration of the letter of credit. *5 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Dennis R. Kraft, Community Development Director Barry A. Stock, Administrative Assistant RE: Bergquist Development Proposal DATE: August 10, 1988 INTRODUCTION: On August 2, 1988 staff reported that the Bergquist Company was interested in receiving a development incentive proposal from the City of Shakopee. At that time, the HRA moved to establish a contact team to meet with the officials from Bergquist to discuss the nature of their business and their interest in the community. BACKGROUND' On August 4, 1988 the contact team comprised of Jerry Wampach, Joe Zak, Dennis Kraft, Barrtock and T t off Keana met with officials from the BergquistCompany. $ q uisexpressed a sincere interest in locating their corporate headquarters in our community. They initially plan to construct a 100,000 square foot facility on 48.5 acres. The facility would also initially employee between 75 and 100 employees. The Bergquist Company manufactures electronic switches. The Company is currently in the process of patenting a new product that they believe could increase their business volume 3-fold in the next three to five years. Bergquist Company has been in business for 25 years and is an independently privately owned corporation. We are in the process of conducting a Dun & Bradstreet review of their financial operations to ensure that their financial condition is sound. During the meeting with Bergquist Company officials they were asked what other communities they were considering for constructing their facilities. The Bergquist officials declined to comment on which specific communities they were considering. Bergquist officials . were also asked how much assistance they would need to locate their facility in aincentiveBamountst officials declined to comment on any specific They simply requested that the City give them a written proposal j of what the City of Shakopee has to offer in terms of recreation, schools, etc. and, business incentives. Currently Shakopee's two major competitors for attracting industrial businesses are the communities of Chanhassen and currently offers land to qualified industrial Chaska. Chaska prospects for cu This program is funded by taxes collected through three year tax increment projects. Chanhassen provides cash to qualified industrial projects in the amount of 7% of the construction value. For example if a development entity constructed a $3 ,000,000 facility they would receive $210, 000 to write down their special assessments. Normally Chanhassen's 78 special assessment write down program equals about a three year TIF capture. The program is funded by Tax Increment Financing. In order to successfully compete with our major competitors, staff is recommending that Shakopee HRA consider offering Bergquist Companies industrial revenue bond financing at a dollar amount not to exceed what could be captured on a three year tax increment project, with fiscal disparities paid by the project. Assuming a $3.5 million dollar facility , staff projects that the amount generated by a three year TIF project would be approximately $323, 000. Staff is not recommending that the HRA dictate to Bergquist what the cash be used for so long as the uses are consistent with the uses as defined by the State Tax Increment Law. Possible uses of the funds by Bergquist include land right down, payment of special assessments, utility connection fees, building permit fees, etc. Shown in attachment #1 is the proposal that staff would like the HRA to endorse. The proposal describes the advantages of locating in Shakopee and outlines the economic development incentive offer as previously described. The proposal also identifies several other incentives that the HRA and/or City would be willing to consider as an offer to Bergquist. These include the following: a. Vanpool subsidy in excess of the status quo for Bergquist Company Vanpools created during their first year of operation. b. Cooperation in pursuing an amendment to the Zoning Ordinance allowing Day Care facilities as a permitted accessory use in the I-2 Zoning District and the possible extension of an offer to work with Bergquist officials and other businesses in the Industrial Park to construct a Day Care facility that would service the entire Industrial Park. C. HRA and/or City commitment to develop a modern trail system linking the Industrial Park to the Dean's Lake area. Should Bergquist officials accept the proposal, we would then get into the specifics of the mechanics of the financial incentive offer, and the necessary TIF Plan preparation or amendment. Regardless of the HRA's action on this issue staff would also like to recommend that the HRA direct the Community Development Commission to establish an economic development assistance policy for qualified industrial prospects and report back to the HRA as soon as possible. ALTERNATIVES: 1. Move to approve the economic development proposal for the Bergquist properties as outlined in attachment #1. 2. Submit a proposal to the Bergquist Companies that would simply include industrial revenues bond financing assistance as an economic incentive. 3. Do not submit a proposal to the Bergquist Companies for locating their facilities in Shakopee. 4 . Submit a proposal for Bergquist Companies that includes a greater economic incentive offer than what is described in attachment #1. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REOUESTED: 1. Move to direct the appropriate City officials to submit the economic development proposal to Bergquist Companies as outlined in Attachment #1. 2. Move to request the Community Development Commission to prepare a economic incentive policy for qualified industrial prospects. BAS/tiv BERGQUIST 9 Site Proposal - City of Shakopee A. Introduction The City of Shakopee is an ideal site for the Bergquist facility. The area's infrastructure of highways, airports, rail, water and sewer systems can all accommodate the needs of Bergquist. Shakopee is located in the southwest corner of the Minneapolis-St.Paul Metropolitan Area. It is approximately 30 miles southwest of downtown Minneapolis. With a population of 11, 613 people and an area of 29 square miles, Shakopee has plenty of room for development and offers beautiful and spacious modern suburban living to residential, commercial and industrial land users. The recommended site in Shakopee is located within the Canterbury Industrial Park. (See Exhibit #1) Canterbury Industrial Park has over 450 acres of utility-ready land zoned for light and heavy industry. The topography is. gently rolling to flat and the soil silty loam. Bedrock is found 20 - 40 feet below ground level. B. Transportation 1. Highways - The Shakopee site is ideal from a transportation perspective. Highway, rail and air accessibility are excellent. Trunk Highways 101 and 169 are the core of Shakopee's roadway system. Both connect to the interstate system. Following those highways, I-35W is only 5.5 miles from the Shakopee city limits and I-494 is less than 9 miles away. Major improvements to these systems have been scheduled by the Minnesota Department of Transportation. An 8 mile by-pass to Trunk Highway 101 is scheduled for construction beginning in 1989 with completion scheduled for 1992. A major bridge capacity expansion is also scheduled for the Trunk Highway 169 bridge in Downtown Shakopee. This project is scheduled for construction beginning in 1989 with completion scheduled for 1991. A new Bloomington Ferry Bridge crossing has also recently received Federal funding. Bridge construction for a four lane bridge and highway improvements connecting Trunk Highway 169 with I-494 along the County Road 18 corridor is schedule for construction in 1991 with completion scheduled for 1994 . 1 2. Rail - The Chicago and Northwestern Railroad has several daily trips to Shakopee and runs through Canterbury Park. 3. Air - The Minneapolis/St. Paul International Airport is within 30 minutes of the industrial park and offers national and international air carrier service. Flying _ Cloud Airport is the largest general aviation airport in-.the Midwest and is only a 10 minute drive on Trunk Highway 169 from downtown Shakopee. Although it primarily serves private air craft, it's 3900 foot runway accommodates commercial and charter air craft. Navigational aides available at Flying Cloud include a locali2er and VOR. 4. Motor Freight - The Twin Cities Area is the upper midwests trucking hub. Over 150 trucking firms serve the area with exceptional over night and one day service to the midwest region. Cost for shipping within the 5 state region range between $1.20 to $1.85 per mile. 5. Public Transit - The City of Shakopee has a two tiered public transit program. A Dial-A-Ride program operates Monday - Saturday within the Shakopee City limits. The program provides demand response curb to curb service. The second tier of the transit system provides .express commuter service to various business centers in the Metropolitan Area. The vanpool program offers a dependable and affordable transportation alternative to both Shakopee residents and persons employed within the community. Shakopee's vanpool program also has the capability to bring employess from other metro communities to Shakopee. The City of Shakopee is committed to work with Bergquist in providing public transit alternatives that meet the needs of their employees. We will work closely with Bergquist's personnel department to assist Bergquist employees in forming vanpool routes. The City may also consider a subsidy in excess of the status quo for Bergquist Company vanpools during their first year of operation. The current vanpool policy requires regular riders to pay a weekly fare of $12.50 or a monthly fare of $47.50. Vanpool drivers ride free and have the van available to them for their personal use. Back-up drivers receive a discount of 25% off the regular fare. 2 A brochure outlining the City's transit program has been attached as Exhibit #2. C. Utilities 1. Water - Water service to the Industrial Park is provided by extensions from the City of -Shakopee's existing water distribution systems. At the present time, the proposed site does not access water service. However, access to a 24" looped water main is within 500 feet of the site. The proposed site sets on top of the Jordan and Mt. Simon aquifers. Either aquifer can supply good water in quantity. The pumpage rate for City wells in these two aquifers is between 800 and 1500 gallons per minute. The water system that services the Canterbury Industrial Park is more than adequate to meet the fire safety and sprinkling needs of Bergquist. Municipal wells have a storage capacity of 3,750,000 gallons and a pumping capacity of 5150 gallons per minute. The average demand is 1,800,000 gallons per day with a peak demand of 4,500,000 gallons per day. Shakopee's existing water system should be more than adequate to handle the needs of Bergquist. Since Shakopee has it's own Municipal Utilities Department, water rates are quite low in comparison to nearby communities. Shakopee water rates are as follows: lst 6, 000 gal $5.00 Next 14,000 gal $.60/1000 gal. Next 15,000 gal $.55/1000 gal. All over 40, 000 gal $.43/1000 gal. 2. Sanitary Sewer - The proposed site is not serviced at this time with sanitary sewer. However, sanitary sewer service is within 500 ft. of the site. At this point, sewer service is provided through a local 10 inch trunk sewer which traverses the industrial park and is served by the Blue Iake Treatment Plant owned and operated by the Metropolitan Waste Control Commission. The Blue Lake Treatment Plant has more than adequate capacity to handle the sewage treatment needs of Bergquist. SAC and WAC charges for industrial users are determined 3 by the Metropolitan Waste Commission. The estimated SAC charge for the proposed facility is approximately $5, 000. The WAC charge is estimated to be approximatley $3 ,500. Monthly sewage charges include a base rate of $3 .00 and a $1.22 charge for each 1000 gallons. At the end of each year a surcharge of $49.00 is added for each million gallons of sewage generated. 3. Natural Gas - Minnegasco, the supplier of gas to the industrial park is prepared to handle the heating and emergency generator use needs of Bergquist. Natural gas rates for uninterruptible service includes a base rate of $3. 00 and a fixed charge of $.087 for the first 100 cf and $.398 for each 100 cf thereafter. 4. Electrical Service - Shakopee Public Utilities, the supplier of electricity to the Canterbury Industrial Park, is committed to providing services to the Bergquist facility. Shakopee's industrial park is served by a three phase line. The rate schedule for Industrial service is as follows: Demand Charge: 1st 100 RVA $5.00/KVA excess KVA $4.70/RVA Energy Charge: All KWH $2.45/KWA A power adjustment of $.06/KWH applies to rates. This figure is subject to monthly adjustment. D. City Government and Community Services 1. Government Or anization - Shakopee operates under a mayor-council form of government. Under this plan administrative and legislative authority are the responsibility of the City Council. The Council consists of a mayor and five council members. The mayor is elected at large and serves a two year term. City Council members are also elected at large for four year staggered terms. The City has 62 full time employees, as well as part time and seasonal employees. The City is organized into the following departments: Administration. The City Administrator directs and coordinates city affairs, implementing City Council policies and City Ordinances. Community Development Department. The department oversees development within the community. Five 4 operations are included in this department: Planning, Housing and Redevelopment, Cable Communications, Transit, and Grants Administration. City Clerk. The City Clerk supervises elections, issues licenses for beer, liquor, cigarettes and pool tables and assists the City Administrator in preparing agendas for the City Council meetings. The City Clerk also over sees recording keeping, developers agreements and changes in the City Code. Finance. The department receives and disperses all City monies, invests reserve funds, prepares monthly and annuals financial reports and budgets, administers insurance and purchasing and supervises payroll and other personnel matters. Building and Inspections. The department enforces the State Building Code and the Uniform Building Code issuing building permits and certificates of occupancy. Fire. The department consists of a volunteer force comprised of 35 members. The department provides fire safety and protection for the City of Shakopee, Jackson and Louisville Townships. Shakopee has one fire station located near downtown Shakopee. Response time to Canterbury Park is approximately 6 - 8 minutes. Shakopee has a Class V fire rating. . ° Public Works. The department is responsible for the maintenance of City streets, alleys, parks, storm and sanitary sewers. Engineering. The City Engineer oversees the development, design and construction of roadway, sanitary sewer and storm sewer construction projects. The Department also over sees development plats and reviews public facilities proposes. Police. The department is comprised of 19 employees, including one chief, 4 sergeants, 12 officers and 3 clerical. Recreation. Community recreation is independent and jointly sponsored by Shakopee School District #720. Public Utilities. The Public Utilities Commission is approved by City Council but operates independently. It is responsible for municipal water and electricl services. 2. Tax Structure - Property taxes paid by Shakopee 5 5 residents are split among the following bodies: - School District No. 720 - Scott County - City of Shakopee - Regional Transit Board - Special Districts (Metropolitan Council, Metropolitan Mosquito Control District, Shakopee Housing and Redevelopment Authority and Watershed District) In 1987, a Shakopee tax dollar was apportioned as follows: - School District #720 - $.52 - Scott County - $.31 - City of Shakopee - $.13 - Regional Transit Board - $.02 - Special Districts - $.01 3. Medical - Shakopee is the site of the St. Francis Regional Medical Facility. This 116 bed facility provides acute care, primary care, cardiac rehabilitation, hospice care, crisis center, family birth place, 24 - hour ambulance service and emergency care. 4. County Seat - Shakopee is the designated County seat for Scott County. All County services with the exception of highways and engineering are located in the Courthouse near downtown Shakopee. E. Education 1. Local - The Shakopee school system is progressive in outlook and yet believes in and stresses traditional educational values so that we have achieved a blend of embracing some of the newer ideas and concepts while at the same time teaching the basic curriculum of reading, writing and arithmetic in a mastery program. Programs for high potential students are conducted at the elementary and secondary levels. School District 720 serves Shakopee and adjacent rural areas. Approximately 2400 pupils are served in 5 buildings. Shakopee also has one parochial school that provides educational facilities for about 400 children in grades K-8. Vocational classes are provided senior high students through a four district cooperative which handles many courses not offered by individual member districts. 6 Students are transported to and from vocational classes. ISD #720 is comprised of 3 elementary schools, one Jr. High (7-9) an one Sr. High (10-12) . There are approximately 2400 students within the public school system. In addition, Shakopee is served by the Shakopee Area Catholic Schools which has approximately 400 students in grades K-8. Historically, over 818 of Shakopee's graduating seniors pursue some type of post secondary education. 2. Post Secondary - Shakopee is located within 10 minutes of the South Hennepin County Vocational Technical Institute in Eden Prairie and 25 minutes of the Dakota County Vocational Technical Institute in Rosemount. Both institutes work with employers to train and retrain Minnesota's work force. Both offer programs in many industry related fields including electronics, data processing, machine technology and technical drafting. Both schools, upon request, have been very cooperative in designing and offering short term courses in programs needed to train employees for specific industries. Normandale Community College located in Bloomington a 15 minute drive from Shakopee. Normandale offers a wide range of two year degree options. Four year degree programs are offered at St. Thomas College Extension Campus in Chaska. Four year degrees are also available at the University of Minnesota which is a 30 minute drive from Shakopee. Several private colleges are also located with a 30 - 40 minute driving radius. F. Community Recreation The City of Shakopee and the Shakopee School District jointly manage the Shakopee Recreation Board. This board manages recreation activities within the Community. Offerings include the following: - Youth and Adult Sports - Youth Sport Camps - Summer Playground Activities - Supervise Ice Skating - Youth and Adult Trips Family Fun Nights - Community Education Community recreation coordinates activities in Shakopee's 11 7 5 developed parks. Shakopee's park system is in excess of 214 acres. Approximately 200 of these acres are developed and equipped with modern recreation facilities. Shakopee also has an outdoor, sand bottom swimming pool and water slide located in Lyons Park. Shakopee is also fortunate to located along the Minnesota River Valley State Trail System. This multi-purpose trail extends from Shakopee to Jordan. When completed, the trail will follow the Minnesota River from Fort Snelling Park to the City of LeSuer. The Shakopee area offers a variety of recreation and entertainment opportunities including: - Canterbury Downs - Little Six Bingo - Murphy's Landing - Raceway Park - Renaissance Festival - Valleyfair Amusement Park Collectively these facilities annually attract over 3 .2 million tourists to the Shakopee area. G. Labor and Human Resources Due to Shakopee's location, we are fortunate to have access to both a rural and metro work force offering varied skill levels and a strong work ethic. The absentee rate experienced by Shakopee's major employers ranges from 1. 6- 2.3 percent. Shakopee as well as the State of Minnesota is strongly represented by Labor Organizations. Approximately 55 - 60% of the labor force working in Shakopee is unionized. Shakopee's labor force is in excess of 5000. The majority, of Shakopee's large industries have some kind of union organization representing their employees. 1. Labor Survey. In 1986, a survey of the Shakopee Labor Force was conducted by the Shakopee Industrial Commercial Commission. The survey found that Shakopee residents are part of the larger Twin Cities Area labor force. Most commute to jobs in other parts of the Metropolitan area. Approximately 35% of the survey respondents currently work within the city limits of Shakopee. When survey respondents were asked if they would be willing to leave their present position and take a comparable job in Shakopee, 76.2% said yes. The survey found that the local labor force can be characterized as young to middle-age with 18.18 of the 8 population falling into the 25 - 34 year old age group. Educational attainment, high school graduates comprised over 75% of the persons 18 years of age and older. Of this age group, over 30% have experienced some post secondary education. This survey also revealed that the majority of the survey respondents are willing to take additional training to work for a new business at all income levels and in all occupations. 2. Salary Survey. A salary survey conducted by the City of Shakopee in 1986 revealed the following average hourly wage rates for the following occupations: OCCUPATION AVERAGE HOURLY WAGE Welders $11.56 an hour Truck Drivers $10.47 an hour Assembler $ 9.00 an hour Machine Operators $ 9.97 an hour Secretarial/Clerical $ 6.35 an hour Punch Press Operator $ 9.82 an hour Maintenance $13 . 10 an hour Technical/Engineering $12.04 an hour Manager/Administrator $15. 66 an hour The typical area benefit package for employees includes: a. Gradually increasing vacation time, ranging from 1 week for newer employees to over 3 weeks for more senior employees. b. Five to twelve paid holidays per year. C. Fringe benefits ranging from 1.5 to 33$ of the payroll. 3 . Employment Training. Located within the City of Shakopee is the State Job Service. This office is very helpful in coordinating the employment and screening of unemployed persons with available vacancies in the area. As mentioned earlier, Shakopee is within a close proximity to the Southern Hennepin County Vocational Technical Institute which is more than willing to train employees for needs of the industrial and commercial businesses in the area. MEED and JPTA programs are also available to all businesses within the State of Minnesota. 9 H. land Use Planning Issues The proposed site is located in an I-2 zoning district. The proposed use of your facility is a permitted use in this zone. Shown in Exhibit 3 is the I-2 section of the Shakopee City Code. This section outlines the building requirements for the I-2 zone. At the present time, Day Care Facilities are not permitted in the I-2 zone. However, if Bergquist desires to pursue day care facilities on their site, the City will emdeavor to take the appropriate steps to amend the City ordinance to allow Day Care facilities as an accessory use. The City may also be interested in working with Bergquist officials and the other Businesses in the Industrial Park to construct a Daycare facility that would service the entire Industrial Park. Recognizing Bergquist's health and wellness committment to their employees and the natural physical amenities offered by the proposed site, the City will endeavor to takethe appropriate steps to ensure that the property in vacinity of the Bergquist site is developed with a modern trail system, linking the Industrial Park to the Deans' Lake area. This would provide a campus atmosphere that would attract quality industrial propects to Shakopee. Canterbury Inn - a first class full service hotel and conference center is located within one mile of the Bergquist site. Shakopee Valley Racquetball Club and Fitness Center is also located in the Industrial Park within two miles of the Bergquist site. Both of these facilities are fine assets that may fit into Bergquist's business and employee needs. I. Development Incentives The City of Shakopee has taken a positive attitude to attracting additional commercial, industrial and residential development to the community. Shakopee is committed to work with developers and continues to offer incentives needed to provide for quality development. The City has and will continue to offer tax increment financing, industrial revenue bonds, commercial and residential rehabilitation loans and grant programs to those sectors of the community that are in need of assistance. On August 16,1988 the Shakopee Housing and Redevelopment Authority (HRA) moved offer Bergquist Industrial Development Revenue Bond (IDRB) Financing. The HRA supports the use of its industrial revenue bonding authority for qualified 10 projects. Assuming that the IDRB lending institution requires owner's equity of 20$, and based on a twenty (20) year amortization, $3,500,000 debt and a 10% rate of interest an estimate of the annual and monthly payment schedule is as follows: Annual Payment $328,887 Monthly Payment $ 27,021 In addition to IDRB financing the HRA also would like to offer a three year Tax Increment Financing (TIF) Assistance package. The TIF package is based on the assumption that Bergquist will acquire the 48.5 acre Kawasaki site and construct a $3.5 million dollar facility. In turn, the City will offer up to three years of TIF assistance to Bergquist. The City estimates that this development offer would provide approximatley $325, 000 in direct financial assistance to Bergquist. Bergquist could use these funds for either land acquisition and/or infrastructure costs associated with providing road and utility access to the site. In closing, the City shall endeavor to expedite the building permit process and plan reviews that are common to this type of project. The City has a fast track building review and financial assistance process that will ensure that the Bergquist facility will break ground this fall will projected project completion next - summer. it Exhibit #1 / _ - ��EANIERBURY w BUSINESS PARK �n r—.FoAos d 'Site Tin Cid s U j tl �i lomnon ca`—bun c.w II 15.9040 DIAL-A -RIDE 445.9040 Exhibit q2 -ea Service Options A mini van will pick you up and take you Two Types of Service: where within the Shakopee city limits. Snd commuting Ride the mini van to work, school r Ride and commuting centers within Shakopee every Arrange your ride by calling the dispatcher at weekday. -9040 between 6:00 a.,.9:00 p.m. weekdays Occarioe l Riders Travel to appointments, 9:00 a.m.5:00 P.m. Saturdays, shopping and all around town by calling ahead of your desired pick-up time.Arrange your ride ectal the day before if possible. A lift equipped mini bus is available with a Other Information lour notice by calling 4459040. • Scheduling calls with lees than a one hour rvice Roars notice cannot be guaranteed. Monday-Friday,6:30 a.m.to 6:30 p.m. - Be sure to indicate if you use a wheelchair. Saturday,9:00 a.m. to 590 p.m. • All tares must be paid with exact change. • When making a reservation with our Seniors b dispatcher,tell us: Children • Whar fine a - Adults Students Under6 pour ppeinmrent& ares -_ • where fine,ep"humenl ix. or more hour - 'If".need.retam trip. notice 5.1.25.- S t00 .75 This information will allow us enough lead as than 24 _ time to ensure you reaching your destination on hour notice $ 200 S 1.50 .: S1.00- time. rich Card • Dia4A-Ride Service may run slightly ahead or Sood for 10 - behind schedule. one-way rides $1250 $1D.00 $7.50 • Dial-A-Ride Punch Cards can be Purchased Drivers do not carry change!. on the Dial-A-Ride Vehicles and at Shakopee City Hall. 5-3650 Commuter Ears Pool 445-366D m Pool Service Options rcripti-m Ride a van to work, school and \ ,muting centers outside of Shakopee every rAA akday. sishi To become a subscriber, call 4453650. lneapoli gide a flex pool to downtown nneapolw Mondwork. of school.throl Friday for opine• work,or eaAll our must be eduled with at least a 24 hour notice. C Asa . Anywhere in the metropolitan area where a Pool route can be established. olidays 1 The Dial-A-Ride and van pool programs do operate on the following holidays: New >or Day, Memorial Day,ay and Christ Day, , xr Day,Thanksgiving Day and Christmas. zres ft nthly Subscriber .....................547.50 ekly Subscriber.....................St250 casional Rider 10 Ride Punch CaM............._....52g.OD x Pool Fare O (pertrip) ............................5 200 m Drivers Vans are driven by volunteer drivers. Drivers a FREE and may use the van for 150 miles of EE personal use each month. Back-up drivers also needed and receive s 25% discount off regular fare.For more Information on :-ming a driver or back-up driver, call -3650. Exhibit #3 s� SEC. 11.33. EEAVY INDUSTRIAL (I-2) . Subd. 1. Purpose. The 3eavy Indust-y District is where a full conplement of urban services exist such as water , sewer , rail and 'highway transportation to provide support for intense manufacturing and processing operations. Subd. 2_ permitted Uses. Within any heavy Industrial District, no structure or land shall be used except for one or more of the following uses: A. All permitted uses in I-1. E (Repealed by ordinance No. 158 , 4th Series, adovled 1-22-85.) C. Railroad operations. D. Motor freight terminals. B. N,anufacturing , fabrication, processing , assembly/storage of: 1 Licht chemicals. 2. Lumber and wood products. 3. raper products. c Rock and stone products. Z . Textiles. 6. Tobacco products. 7 . Fabrication metal products. - 310-14 § 11.33 8. Machinery and appliances. 9 . Transportation equipment. 10. Apparel. 11. Food products. 12. Glass. 13. Leather . 14. Pottery. F. Assembly/storage of : - 1. Light chemicals. 2. Heavy chemicals. 3. Explosives. 4. Residential accessory. Source: Ordinance No. 31, 4th Series Effective Date: 10-25-79 _ G. Restaurants (Class I and II) , taverns, private _ lodges and clubs and supper clubs, but only when part of a Class A licensed horse racetrack as provided for in MSA 240 . 01 at sea. Source: Ordinance No. 138 , 4th Series Effective Date: 11-24-83 H. Commercial recreation major . Source: Ordinance No. 158 , 4th Series Effective Date: 1-31-83 Subd. 3. Conditional `uses, Within any Heavy Industrial District, no structure or land shall be used for the -following uses except by conditional use Dermit: A. Manufacturing , processing or storage o` explosive material. B . Heavy chemical storage and mznufzctur in; including petroleum, chlorine, creosote, glue, acid, fertilizer , asphalt Droduction, soaps. C. Structures in excess of 45 feet in height. D. Paper and pulp mills. B. Meat or fish packing. F. Rock crushing or gravel work. G. Concrete and ready mix plants. F. Foundry, forge, casting , metal. I. Heliports, airports. J. (Repealed by Ordinance No. 203 , 4th Series, adopted 7-10-86. ) F. Grain elevators. L. Water and sewage treatment. 310-15 (8-1-B6) g 11.33 ! M. Mining and excavation industries. Source: Ordinance No. 31, 4tb Series ., Effective Date: 10-25-79 I --- - N- Retail- sales and displays in front yards when ti necessary to a permitted principal use carried on in a structure located on the premises but the area so used shall not exceed 15 percent of the floor area of said principal structure. Source: Ordinance No. 59 , 4th Series Effective Date: 5-14-81 7 0. Commercial recreation, minor . j P. Animal hospitals and veterinary clinics. Source: Ordinance No. 158 , 41th Series Effective Date: 1-31-85 Subd. 4. Lot Area, Height, Lot width and Yard Require- -, ments. A. The floor area ratio shall not exceed 1 to 1. B. Front yard setback: 30 feet. C. Lot Width: 100 feet. D. Minimum lot area: 1 acre. E. Rear _yard setback: 30 feet. Source: Ordinance No. 31, 4th Series , Effective Date: 10-25-79 F. Side yard setback: 1. 1_5 feet normal. 2. 50 feet when abutting R District. 3. 0 rest when abutting railroad. Source: Ordinance No. 96 , 4tb Series Effective Date: 11-11-82 Subd. 5. Performance Standards. A. Acceptable Building Materials. I. til portions or sides of multiple residen- 7 tial, business and +-ndustrial buildings which (1) front on existing or planned public right-cf-wav, (2) abut residential or institu- tional uses or zones, or places of public assembly such as public parks or recreation facilities shall be constructed with durable, low maintenance, quality building materials. 2. The following exterior building materials shall be deemed acceptable for required portion or side of the building, it it is incorporated into an architectural design which is consistent with the standards established within the District: 310-16 (9-1-85) g 11.33 face brick, stone, glass, wood, architecturally treated concrete, decorative block, painted block, cast in place or precast concrete panels. 3. Unless approved by the Board nf-Adjustment and Appeals, through the variance procedure, no building shall be constructed whose front (required portion) is comprised of the following exterior building material: sheet aluminum, asbestos, tin or steel. In approving the use of such exterior materials, the Board of Adjustment and Appeals shall find that: (a) The quality and appearance of the proposed materials is consistent with the standard which has been set within the district; and, (b) The approval of the use of these materials will not result in a detrimental effect on adjacent property values. -.- B. Required Parking Setback. In all Multiple Residential, Business (except the B-3 District) and Industrial Districts, a minimum 15 foot setback shall be required for any impervious surface which occurs within the required front yard setback. The area within this setback shall be landscaped. C. Landscaping Requirements. 1. All plant material used in the required landscaping . of Multiple Residential, Business and Industrial Districts sba11 comply with the following minimum Sizes: Major Deciduous 2-1/2" diameter Ornamental -1/2 diameter _ Coniferous o feet in he' r.,t Major Shrub 5 c-tl on s. 2. A minimum of one major deciduous tree shall be _planted and maintained every 50 'feet along pcb'-ic boulevards. (a) EX4 =cine uses in the Multiple _ Resider.tia'_, Business and Industrial Districts must demonstrate an intent to 'comply with this standard w2_n'n three vears Of tAe - effective date of this Subdivision and must perform com?lete = compliance within five years of the effective date of this Subdivi- sion. Intent shall mean that the major deciduous does not have to be 2-1/2 inches in diameter at time of planing. Compliance shall _ mean that the major deciduous must be a minimum size of 2-1/2" diameter . D. Screening. The following must be screened: (1) roof top facilities; (2) parking areas; (3) outdoor storage and - trash handling; and (4) loading and service areas. One or any combination of the following elements may be used to meet the screening reauirements: site design, building design, grade separation, berming, landscaping, fences, walls or otber landscape - features. 310-17 (9-1-85) § 11.33 3 1. Roof. Top Facilites. (a) All roof top facilities shall be either: (1) Totally screened from the eve level view from adjacent parcels and existing and planned public , streets. (2) Fainted to match or complement. (3) Incorporated into an architec- tural design which is aesthetically compatible with the principal structure. (b) All materials used to screen roof top utilities shall be aesthetically compatible with the exterior - building materials of the principal structure. 2. Parking Areas. All narking which occurs _ within the required front yards shall be screened to at least the height of the headlights of the parked vehicles or three feet. The use of screening shall require at least two types of screening materials used proportionately at 608/408. One type of screening --� material may not be used for more than 608 of the required j screening. 3. Outdoor Storage and Trash Handling. (a) All Outdoor storage and trash storage 1 which are visible from existing and planned adjacent streets, residential areas, institutional uses or places of public assembly shall be screened. Although the use of site planning and architec- tural chitertural design is the preferred approach to the screening of these elements, the amount or screening to be provided shall be at least equivalent to a screen six feet in height and 808 opaque. S (b) A screening fence or wall shall be i! constructed of attractive, permanent finished materials, compatible with those used in the construction Of the _principal structure. (c) Screen fences and walls which are in disrepair shall be repaired. P1ar.ting screens shall consist or healthy, fully hardy plant materials, at least six feet in height and shall be designed to provide a vea- round opaqueness of at least 808 at the time of maturity. 4. Loading and Service Areas. Loading and service areas which occur in the front of industrial buildings shall be at least 508 screened, to a height of four feet from the eye level from the adjacent roadway. Source: Ordinance No. 158 , 4th Series Effective Date: 1-31-85 - 310-1B (0-1-85) OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JULY 19, 1988 Mayor Lebens called the meeting to order at 7:00 P.M. with Cncl. Steve Clay, Gary Scott, Gloria Vierling, and Jerry Wampach present. Joe Zak arrived late. Also present were John K. Anderson, City Administrator; Dennis Kraft, Community Development Director; Doug Wise, City Planner; Judith S. Cox, City Clerk; and Dave Hutton, City Engineer. Julius A. Coller II, City Attorney arrived around 7:10 P.M. Vierling/Wampach m-oved-to recess for the Housing and Redeveloment Authority Meeting. Motion carried unanimously. Councilman Zak arrived and took his seat during the HRA meeting. Wampach/Zak moved to reconvene at 8:16 P.M. Motion carried unanimously. Mike Luce asked why the alley improvements to the alley one block East were ripped up. The alley was improved with left over bituminous. The City Administrator explained why the improvement did not meet city specifications and needed to be removed. Mr. Luce also asked if something could be done regarding the blocking of the intersection at 1st and Lewis. Staff will look into it. Clay/Vierling moved to approve the consent business. Roll Call: Ayes; Unanimous Noes; None Motion carried. Clay/Wampach moved to approve the Minutes of June 21, 1988. Motion carried with Cncl.Vierling abstaining. Clay/Vierling moved to approve the Minutes of June 28th and 29th, 1988. (Approved under consent business) Clay/Vierling moved to receive and file the copy of the certificate recertifying Shakopee as a Minnesota Star City. (Approved under consent .business) Clay/Wampach moved to open the public hearing on the proposed improvements to the alley in Block 55, O.S.P. (North of 5th Avenue and East of Lewis Street) . Motion carried unanimously. The City Engineer explained that the improvement was petitioned for by abutting property owners. The improvement would include two inches of asphalt on six inches of gravel base with an inverted crown for drainage. The estimated cost is $4,100.00. The cost of improvements are usually 100% assessed to abutting property owners. Mayor Lebens asked if there were any comments from members of the audience. There was no response. Wampach/Vierling moved to close the public hearing. Motion carried unanimously. Official Proceedings of the City Council July 19, 1988 Page -2- Wampach/Vierling offered Resolution No. 2926, A Resolution Ordering An improvement and the Preparation of Plans and Specifications for the Alley in Block 55 Project No. 1988-7, and moved its adoption. Motion carried unanimously. Clay/Vierling directed staff to submit a Comprehensive Plan Amendment to the Metropoolitan Council providing a trade of approximately 150 acres of land located North of the Minnesota River within the City of Shakopee in exchange -for inclusion _ _ within the Metropolitan Urban Service -Area (MUSA) of the 150 acres of residential land being annexed to the City. (Approved under consent business) The City Planner explained that three new issues have risen since the Council directed staff to prepare the new sign ordinance as recommended by the Planning Commission. 1) The new sign ordinance will not permit motion, except for public information. Valleyfair is requesting that the ordinance be changed to allow for movement within a sign for signs within their zoning district. 2) Developers are requesting that the City consider allowing real estate signs for new residential developments in the R-1 and R-2 zoning districts to be up to 32 square feet. The sign ordinance as drafted allows temporary area identification signs up to 32 square feet for proposed projects under construction. 3) Staff is recommending that the ordinance be changed to read that one address sign visible from the street shall be required per building or facility in each district. Wampach/Vierling moved that the draft ordinance be ._changed to read that any existing moving signs for commercial recreation of a major magnitude are permitted and that any new signs for the same purpose are permitted after the design has been approved by the City Council. Motion carried with Cncl.Zak opposed. Vierling/Clay moved that the draft ordinance be changed to require that one address sign recognizable from the street shall be required per building or facility in each district. Motion carried unanimously. Wampach/Zak moved that the draft ordinance be changed to read that in R-1 and R-2 zones real estate signs advertising residential development can be up to 32 sq. ft. Motion carried with Cncl.Vierling abstaining. Clay/Vierling offered Ordinance No. 248, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 4 Entitled "Construction Licensing, Permits and Regulations" by Repealing Existing Section 4.30 of Chapter 4 and by Enacting A New Section 4. 30 and by Adopting by Reference Shakopee City Code Chapter 1 and Section 4. 99 Which Among Other Things Contain Penalty Provisions, and moved its adoption. Motion carried unanimously. Official Proceedings of the City Council July 19, 1988 Page -3- Wampach/Clay moved to remove from the table the vacation of Apgar Street between 1st and 2nd Avenues. Motion carried unanimously. The City Engineer stated that a public hearing was held on the vacation of Apgar between 1st and 2nd at the last meeting and that at the public hearing there were some concerns raised. After the public hearing the Assistant City Attorney met with staff and some of the alternatives discussed were: 1) do not vacate the street, 2) vacate the street, 3) reschedule the public hearing. Staff is recommending that the street not be vacated. Wait for a couple of years until after the bypass is built; and satisfy the conditions in the agreement with the railroad now. Scott/Wampach moved to deny vacating Apgar Street from 1st to 2nd because it is apparent that Council cannot determine that the vacation is in the public interest at this time Roll Call: Ayes; Cncl.Wampach, Zak, Vierling, Scott, and Mayor Lebens Noes; Cncl.Clay Motion carried. The city Engineer addressed the use of Gate No. 5 at Canterbury Downs during peak or emergency times. Staff met with officials from Canterbury Downs and it was determined that if a fourth exiting lane could be added to Gate No. 1, the need to use Gate _ No. 5_would be reduced. This would create a double right turn ---- - onto CR-16 -reducing the back up within the race track parking lot which blocks off the Gate No. 5 access for emergency vehicles. Mr. Tom Brock of Canterbury stated that he was in favor of this alternative but explained that they would have to get permission from the County. Clay/Zak moved that Canterbury Downs use of Gate No. 5 will be restricted to "emergency purposes" only, not peak crowd periods, and that if Canterbury Downs cannot obtain the necessary permits to improve Gate No. 1 and County Road 83, an in-depth traffic analysis of Gate No. 5 and County Road 16, along with surrounding areas and residents should be done and submitted to the City prior to any further use of Gate No. 5. Clay/Zak amended the motion to include that Canterbury Downs absorb any expenses for traffic improvements or a traffic analysis, if any. Motion carried unanimously. Motion carried unanimously on main motion as amended. The City Administrator stated that on July 5th the Council turned down the offer of Mr. Scherber and Mr. Clark to sell to the City property along the Southerly boundary of their property for the Upper Valley Drainage. This was an alternative to the easement desired by the City elsewhere on the parcel. Official Proceedings of the City Council July 19, 1988 Page -9- Mr. Barry Meyer, Asst. City Attorney, reviewed the City policy used in acquiring property for public improvements when the property owner is unwilling to sell. This is the procedure that the City followed in acquiring the easement needed from Mr. Scherber and Mr. Clark. He asked if there is a reason to deviate from prior practice and pay more than the appraised value of the Property. He explained that the issue is whether or not to deviate from practice to leave the acquisition to condemnation Procedures based on qualified advise of professionls. If Council departs from the procedures, this will be setting a precedent for future situations. If the property owners feel aggrieved they can go through the court process. Mr. Scherber stated that they would Preferthedrainage-goes through the south of their property rather than through the middle. Mr. Bill Price, Engineer for property owner, explained why he believed that the drainage should be placed along the southly portion of the parcel rather than through the middle. Mr. Peter Patchin, Appraiser for City, explained that the property the city desires to acquire was appraised for an easement, not an outright purchase. This way the property owner can still use the parcel for setback requirements, density, etc. when developing. Mr. Bob Frigaared, Orr-Schelen-Mayeron, City consulting engineer, stated that soil boarings were taken along the proposed route and that he believes it is less costly to construct the drainage along this route because of the lower elevation. Clay/Zak directed the City Engineer to negotiate further with the property owners (Mr. Scherber and Mr. Clark) and their engineer for acquisition of property for the Upper Valley Drainage and authorized the expenditure of up to $1,000 to obtain soil borings along the Southerly area for comparable costs of construction. Roll Call: Ayes; Unanimous Noes; None Motion carried Clay/Zak moved for a ten minute recess. Motion carried unanimously. Wampach/Vierling moved to reconvene at 10: 20 P.M. Motion carried unanimously. Wampach/Clay moved to authorize staff to reimburse the railroad for the actual costs associated with relocating a power pole and a "guy" pole for the Downtown Streetscape project at an estimated cost of $1,000. Roll Call: Ayes; Unanimous Noes; None Motion carried Official Proceedings of the City Council July 19, 1988 Page -5- Discussion ensued on the drafted ordinance which would require pull-tab licensees to employ their own personnel to sell the pull-tabs rather than employ personnel of the liquor establish- ment where the license was issued. Jim Streefland, on behalf of the Lions Club, Al Furrie, on behalf of the Rotary, and Pat Meyer, on behalf of the Jaycees spoke against the proposed ordinance. This ordinance will not insure that pull-tabs are sold according to the law. Rather an organization needs accounting and internal control. Having an employee available at all times would be too costly as there are sales only at peek times. There may not be space available to accommodate additional personnel. Pat Pennington, Jaycees, explained that the State only allows 45% for expenses. Zak/Clay moved to table the proposed draft ordinance regulating the sale of pull-tabs and asked Mr. Streefland and Mr. Furrie to meet with the City Administration regarding fiscal controls and standards and that staff come pack with a revised ordinance and alternatives not to regulate at all. Motion carried unanimously. ,-. The City Administrator stated that staff has been looking into the procedures required by state law for designating official maps as a result of Mr. Jack Brambilla' s application for a building permit. The application is for an addition to an existing building which lies within the corridor of the proposed mini-bypass. Wampach/Zak directed the City Attorney to draft an ordinance relating to official maps and their effects in providing procedures in connection therewith as outlined in the sample ordinance provided in the October, 1977 publication of the League of Minnesota Cities on mapping. Roll Call: Ayes; Cncl.Wampach, Zak, Vierling, Scott, and Clay Noes; Mayor Lebens Motion carried Discussion ensued on commencing acquisition of the Brambilla property. Jack Brambilla stated that he has been a tax payer for 29 years. He would like to be able to continue to make improve- ments to his property or would like the city to buy him out totally and he will leave town. Zak/Scott moved to proceed with hiring a surveyor at a price not to exceed $750.00 to determine the legal description of the property the City wishes to acquire owned by Jack Brambilla lying within Block 5, Shakopee City, and that a building permit be issued to Mr. Brambilla. Roll Call: Ayes; Cncl.Wampach, Zak, Scott, Clay, and Mayor Lebens Noes; Cncl.Vierling Motion carried Official Proceedings of the City Council July 19, 1988 Page -6- Vierling/Clay offered Resolution No. 2931, A Resolution Accepting Bid on 10th Avenue Overlay Project S.A.P. 166-105-10, Project No. 1987-3 , and move its adoption. Motion carried unanimously. Vierling/wampach authorized the proper city officials to sign the Clerk' s Certificate making a formal recommendation to Minnesota Department of Transportation to award the contract for the 10th Avenue Overlay to Midwest Asphalt Corp. , Hopkins, Minnesota, 55343. Motion carried unanimously. Clay/Vierling authorized the appropriate City staff to utilize Orr-Schelen-Mayeron & Assoc. , Inc. to provide inspection service for the 10th Avenue Overlay Project based on their 1988 fee schedule. (Approved under consent business) Wampach/Vierling authorized payment of Partial Estimate Voucher No. 8 in the amount of $323,362.67 to Hardrives, Inc. , 7200 Hemlock Lane N. , Maple Grove, Mn. , 55369 for the Downtown Streetscape Project No. 1987-2. _ Roll Call: Ayes; Unanimous - — - - -- Noes; None Motion carried Clay/Vierling authorized payment of Partial Estimate Voucher No. 5 in the amount of $185,841.77 to S.M. Hentges & Sons, Inc. , P.O. Box 212, Shakopee, Mn. , 55379 for Vierling Drive Street Improve- ments, Project No. 1987-12. (Approved under consent business) Clay/Vierling moved to remove the Watermain Special Assessment Policy from the table. (Approved under consent business) Clay/Vierling directed the appropriate City staff to revise the special assessment policy regarding oversized watermains to conform to the SPUC policy after SPUC revises their policy. (Approved under consent business) Clay/Vierling moved to concur with staff that unless Mn/DOT changes their position on closing numerous crossings downtown, the City will not pursue any further obtaining federal funds to improve the Downtown Railroad Corridor thru Mn/DOT. (Approved under consent business) Vierling/Scott moved to approve the bills in the amount of $1,204,168 .32. Roll Call: Ayes; Unanimous Noes; None Motion carried Clay/Vierling moved to approve the application and grant an On Sale 3.2 beer license to the Shakopee Jaycees at Tahpah Park for July 23 and 24, 1988 and August 19, 20, and 21, 1988. (Approved under consent business) Official Proceedings of the City Council July 19, 1988 Page -7- Clay/Vierling moved to appoint Sherry L. Borchardt to the position of permanent Part-time Clerk Typist I. (Approved under consent business) Clay/Vierling moved to appoint Gregory J. Tucci to the permanent position of Police Patrol Officer. (Approved under consent business) Clay/Vierling moved to remove Resolution No. 2924 from the table. (Approved under consent business) Clay/Vierling offered Resolution No. 2924, A Resolution Accepting Bids on the 6th Avenue Sanitary Sewer Project No. 1988-2, and moved its adoption. (Approved under consent business) Clay/Vierling offered Resolution No. 2927, A Resolution Authorizing the Disposal of Unclaimed and Surplus Property, and moved its adoption. (Approved under consent business) Clay/Vierling offered Resolution No. 2929, A Resolution Providing for the Issuance and Sale of $1,100,000 General Obligation Improvement Bonds Series 1988-A, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried Clay/Wampach offered Resolution No. 2930, A Resolution Amending Resolution No. 2817 Adopting the 1988 Budget, and moved its adoption. Roll Call: Ayes; Cncl.Wampach, Zak, Vierling, Scott, and Clay Noes; Mayor Lebens Motion carried Clay/Wampach moved to appoint Judith S. COX, Acting Administrator from July 27th until August 8th, 1988. Motion carried unanimously. Clay/Wampach moved to adjourn to Tuesday, July 26, 1988 at 7:00 P.M. Motion carried unanimously. Meeting adjourned at 11:44 P.M. Judith S. Cox City Clerk Recording Secretary City Council Page -2- July 26 , 1988 pet hospital' s business; customers will not walk or carry their pets from a back parking lot or for a distance of blocks. Mayor Lebens stated a directive had been received from the Shakopee Police Department requesting that parking on 1st Avenue be eliminated due to motorists not watching when vehicle doors were being opened or while opening their vehicle doors. Roger Buckston, Valley Sports, stated restricting traffic in front of his establishment, with the closing of Holmes Street to through traffic, would affect his business. He further stated that any of the alternatives presented would have a detrimental consequence to downtown businesses. Dan Wittenberg, Parkside Printing, stated that prohibiting parking on 1st Avenue would be detrimental to his business. John Perry, American Family Insurance, stated his clients stop to see him at peak traffic times and believes they would change insurance representatives if asked to walk blocks to his office. Bruce Garness, Shakopee Bakery, stated his business is almost totally dependent upon parking availability on 1st Avenue. He has peak business early in the morning until 9: 00 A.M. with many being stop and go customers. Mark Kuechenmeister, Parkside Printing, voiced his opposition to the restricting of parking on 1st Avenue. Ruben Ruehle, Ruehle' s Jewelry, questioned the traffic flow with lanes merging from 1st Avenue blocks with no parking to the blocks allowing parking on 1st Avenue. He also stated that with additional traffic lanes on 1st Avenue, this would mean traffic could move 30 mph within 10 feet of his business. He believed the closing of Holmes Street would be an inconvenience to many local people. Jack Brambilla stated his agreement with comments made by the audience. Terry Hennen, Sports Stop, asked where the cars pulling boats would be allowed to park. Parallel parking on Lewis is not an option to these individuals. Gail Anderson, Video Vision, questioned the closing of Holmes Street for residents going north to cross the Highway 169 Bridge. This would cause extra traffic on other roads and/or lst Avenue. She was. also not in favor of any parking restrictions on 1st Avenue. Shirley Garness, Shakopee Bakery, believes these proposals are looking out for the interest of the through traffic and not Shakopee residents. She stated that any one of the alternatives could eventually shutdown local retailers completely. OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL Adj . Reg. Session Shakopee, MN July 26, 1988 Mayor Lebens called the meeting of the Shakopee City Council to order at 7:00 P.M. , with Cncl. Zak, Wampach, Vierling, and Clay present. Absent: Cncl. Scott. Also present: John Anderson, City Administration; Dave Hutton, City Engineer; Dennis Kraft, Executive Director and Julius A. Coller, II, City Attorney. Wampach/Clay moved to recess for the Shakopee Housing Redevelopment and Authority meeting at 7:05 P.M. Motion carried unanimously. Clay/Zak .moved to reconvene the meeting of the Shakopee City Council at 7: 10 P.M. Motion carried unanimously. Liaison reports were given by Councilmembers. Cncl. Vierling attended a meeting of the Suburban Rate Authority where suggestions were made on rate reductions. Cncl. Wampach stated he spoke with Earl Dressen regarding his land locked parcel. He suggested Mr. Dressen appear before the City Council at an upcoming meeting with his concerns. Cncl. Clay attended the Metropolitan Association of Housing and Redevelopment where prime topic was a proposed general legislation which would amend various existing planning and zoning laws. Cncl. Zak questioned the procedure for obtaining a traffic count on County Road - 16, East of County Road 83. Vierling/Wampach moved to approve the Consent Business. Roll Call: Ayes - Unanimous Noes - None Motion carried City Engineer presented the proposal for Interim Highway 169/101 Intersection Improvements as: 1) The closure of Holmes Street to through traffic, allowing for in and out right turns. 2) Restriction or elimination of parking on 1st Avenue from Lewis to Fuller Streets. 3) Adding a full width right turn lane coming off of Highway 169 bridge. 4 ) Restriction of left turn movement off Highway 169 Bridge into the alley behind City Hall or permanently closing the alley. These proposals represent an approximate 2-year improvement span. Mayor Lebens asked for comments from the audience. Craig Mertz, representing First Avenue Pet Hospital, stated prohibiting of parking on 1st Avenue would be detrimental to the City Council Page -4- July 26 , 1988 Cncl. Clay stated his disapproval of eliminating 1st Avenue parking, but a periodic closing of Holmes Street during peak traffic times could be worthy of pursuit. Terry Hennen questioned why there was a need to move traffic through Shakopee so fast. Mayor Lebens responded these proposals were being presented in an attempt to alleviate long traffic delays for residents of Shakopee moving in and out of Shakopee to their places of employment. Clay/Vierling moved for a 5-minute recess at 8: 10 P.M. Motion carried unanimously. Zak/Vierling moved to reconvene at 8: 15 P.M. Motion carried unanimously. Wampach/Zak moved to authorize City staff to reimburse Westwood Engineering Company a total of $38,337. 65 representing their final payment for engineering services for the Downtown Streetscape Project No. 1987-2. Roll Call: Ayes - Wampach, Zak, Vierling, Clay Noes - Mayor Lebens Motion carried Vierling/Zak moved to adopt Administrative Policy No. 172, Civic Group Participation by Employees. Motion carried unanimously. Vierling/Wampach moved to nominate Mark Miller to the Community Development Commission to fill the unexpired term ending January 31, 1990. Motion carried unanimously. Vierling/Wampach moved to waive the 30-day waiting period for a gambling license from the Charitable Gambling Control Board for the Shakopee Rotary Club. Motion approved under Consent Business. Vierling/Wampach moved to authorize the appropriate City staff to execute Change Order No. 1, for a total amount of $900. 00 to S.M. Hentges & Sons, Inc. , of Shakopee for the Tahpah Park Football Field Projects No. 1988-4. Motion approved under Consent Business. Vierling/Wampach moved to authorize the installation of stop signs on Jasper Road, Emerald Lane and Limestone Drive, just north of Vierling Drive. Motion approved under consent business. Clay/Vierling moved to reconsider Resolution No. 2931, A Resolution Accepting Bids on 10th Avenue Overlay Project No. 1987-3. Motion carried unanimously. City Engineer reported that MN/DOT had rejected the low bid from Midwest Asphalt Corporation due to a technicality and awarded the bid to the second lowest, Harddrives, Inc. City Council Page -3- July 26, 1988 comment was made on the lack of calls received either by Council members or city Staff when Holmes Street had been closed. It was stated that many residents, knowing this to be of temporary nature, did not voice concern. Terry Hennen stated that although the alternatives are being presented as "temporary" , he felt this would not be the case. Mike Lewis questioned the movement of traffic during Renaissance Festival and asked if officers directing traffic is a solution. City Administrator responded stating that according to studies conducted, officers directing traffic have no significant impact on traffic patterns. Charlie Fonder, Fonder Carpeting, questioned money spent on downtown improvements just to ask people to park two to three blocks away from the redeveloped area. He felt that some of these alternatives would definitely drive away downtown businesses. Tom Rein, Shakopee Barbers, stated that he has already been a victim of lost parking spots in front of his facility and has received numerous complaints from his customers. Bill Wermerskirchen, - Jr. stated that although he does have rear parking, he is in agreement with comments made by other downtown business owners. Discussion was held on the closing of the alley behind City Hall. With certain allowances, this would be a better alternative than the closing of Holmes Street or restricting of parking on 1st Avenue. Restrictions of a left-hand turn off of Highway 169 Bridge into the alley was considered as a possibility. Mayor Lebens thanked the audience for their input and stated that no decision would be made until full Council could be in attendance. She asked that interested parties sign in so that notification could then be made when this item would again appear before the Council. Cncl. Vierling stated she would be reluctant to make any move which would be of detriment to downtown businesses. Cncl. Zak stated an alternative somewhere between the least degree of impact to the highest degree of impact should be pursued. He can't vote on a proposal which could have dire consequent to downtown businesses. Cncl. Wampach stated that downtown businesses are already at a disadvantage and it appears these alternatives would speed up traffic at the cost of the merchants. He suggested dropping the entire issue and making no change. city Council Page -5- July 26, 1988 Vierling/Zak offered Resolution No. 2931, A Resolution Accepting Bids on 10th Avenue overlay Project No. 1987-3 , and moved for its denial. Motion carried unanimously. Joint City Council/Downtown Committee/ Community Development Commission Meeting is scheduled for September 27 , 1988. Ralph ferry was present to discuss the drainage problem which has occurred to his driveway as a result of City Street Improvements with the construction of Horizon Drive. Wampach/Clay moved to direct the City Engineer to refine the estimate on the catch basin plus culvert cost for the Ralph Ferry driveway drainage problem. Motion carried unanimously. Clay/Vierling moved to adjourn. Motion carried. Meeting adjourned at 9 : 00 p.m. Judith S. Cox City Clerk Jane VanMaldeghem Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL Reg. Session Shakopee, Minnesota August 2, 1988 Mayor Lebens called the meeting to order at 7: 00 P.M. , with Cncl. Wampach Clay and Scott present. Cncl. Zak arrived at 7:05 P.M. and City Atty. , Julius A-__ Coller, II arrived at 7:35 P.M. Absent: Cncl. Vierling. Also present: John Anderson, City Administrator; Dennis Kraft, Community Development Director; Judith Cox, City Clerk; Dave Hutton, City Engineer and Gregg Voxland, Finance Director. Wampach/Clay moved to recess for the Shakopee Housing and Redevelopment Authority meeting. Motion carried unanimously. Wampach/Zak moved to reconvene the meeting of the Shakopee City Council at 7:55 P.M. Motion carried unanimously. Cncl. Scott stated that in view of his recent meeting at the Shakopee Police Department he wanted the item to eliminate parking along 1st Avenue brought back to the City Council. He also added he would like to have a representative(s) from the Police Department and from MnDOT present at that time. Mayor Lebens recognized members of the audience present who were not on the agenda. -- Donna Hyatt was present from the Shakopee Hockey Association with a proposal that the City take out a loan for an ice arena; said loan to be repaid to the City by the Shakopee Hockey Association. Zak/Wampach moved to direct the City Attorney to contact the Attorney General for a written legal opinion on the City co- signing a note with the Shakopee Hockey Association for an ice arena. Motion carried unanimously. Clay/Zak moved to receive the proposal from the Shakopee Hockey Association and directed City Staff to return to the City Council with a financial report and legal consequences of a loan guarantee. Motion carried unanimously. Wampach/Clay moved to approve the Consent Business. Motion carried unanimously. Wampach/Clay moved to receive and file the letter from Robert Vierling dated July 17, 1988. (Motion approved under Consent Business) . Wampach/Clay moved to refund $1799.33 to Valley Fair for lodging tax erroneously collected. (Motion approved under Consent Business) . Proceedings of the August 2, 1988 Shakopee City Council Page -2- Pat Schroers spoke for the residents adjacent to Meadows 1st Addition Subdivision relative to dust conditions being caused by this development. Wayne Fleck, developer, stated that in response to the request from the City Engineer for dust control measures, they had been doing watering and would be installing a fence. Area residents voiced their concerns with the dust problem and the need to regulate these adverse conditions through the use of a city ordinance. Comments were also received as to dust control solutions and the developer' s responsibility to the adjacent property owners. It was concluded that the City Council will monitor the developer's watering which will begin August 3, 1988 and City Staff will meet with the Scott County Soil and Erosion Department to discuss possible dust control methods. Wampach/Clay moved for a 5-minute recess at 8: 50 P.M. Motion carried unanimously. Zak/Scott moved to reconvene at 8: 55 P.M. Motion carried unanimously. Scott/Zak moved to table directing finalization of plans for the mini by-pass until after a work session by the full Council scheduled for August 9, 1988. Motion carried unanimously. Wampach/Clay offered Resolution No. 2932, A Resolution Approving a Change of ownership of United Cable Television Corporation to United Artist Communications, Inc. , and moved for its adoption. (Motion approved under Consent Business) . wampach/Clay moved that the appropriate City officials be directed to request the Shakopee Access Corporation to acquire the equipment necessary to improve the Council Chambers video system at no cost to the City. (Motion approved under Consent Business) . Scott/Zak moved to table any action regarding the Earl Dressen 0.25 acre parcel. Roll Call: Ayes - Lebens, Scott, Zak Noes - Clay, Wampach . Motion carried Scott/Clay moved to table action on the proposal to construct the Upper Valley Drainageway through the Scherber/Clark parcel. Motion carried unanimously. Proceedings of the August 2, 1988 Shakopee City Council Page -3- Wampach/Zak moved to direct staff to continue working on the permit applications for the Upper Valley Drainage Project and in addition request a legal opinion from the Assistant City Attorney regarding the necessity of the applications being requested. Motion carried unanimously. Wampach/Zak moved to authorize staff to send out Request for Proposals to select a consultant for designing the cross roads for the southerly bypass for County Roads 15, 77, 79, 17, 16 and 83. Motion carried unanimously. Wampach/Zak moved to authorize staff to notify MnDot that the City is-agreeable--ta spend the $1.0 million maximum at this time "—to assist in the design of the Shakopee Southerly Bypass; and enter into an agreement with MN DOT to hire Bridge Design Expertise. Roll Call: Ayes - Unanimous Noes - None Motion Carried Clay/Wampach moved to appoint Gary Scott and Joe Zak as members of the Shakopee Comprehensive Plan Task Force. Motion carried unanimously. Wampach/Zak moved to direct staff to draft a smoking policy as mandated by the Minnesota Clean Indoor Act, designating permitted smoking and non-smoking areas. Motion carried unanimously. Wampach/Clay moved to declare two 1979 Ford pickups, Serial Nos. F25HLFC3204 and F25HPEJ9699, surplus property to be sold as provided by the City Code. (Motion approved under Consent Business) . Wampach/Clay moved to authorize proper City Officials to execute the document adopting the Deferred Compensation Plan for the City of Shakopee pending IRS approval. (Motion approved under Consent Business) . Clay/Wampach moved approval of the bills in the amount of $769,516.86. Roll Call: Ayes - Unanimous Noes - None Motion Carried Wampach/Clay moved that the City donate to the Shakopee League of Women Voters silent action a Family Swimming Pool Pass for the 1989 season. (Motion approved under Consent Business) . Wampach/Clay moved to appoint Mark Miller to the Community Development Commission to fill an unexpired term ending January 31, 1990. (Motion approved under Consent Business) . Official Proceedings of the August 2, 1988 Shakopee City Council Page -4- Wampach/Zak moved to direct the appropriate City Officials to participate in negotiations with the Cities of Savage, and Sand Creek; Louisville and Jackson Townships and St. Francis Regional Medical Center to phase in increased subsidies for ambulance service. Motion carried unanimously. Wampach/Clay offered Resolution No. 2933 , A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids on 11th Avenue Street and Storm Sewer Project No. 1988-5 and moved for its adoption. (Motion approved under Consent Business) . Clay/Wampach offered Resolution No. 2928, A Resolution Initiating the Vacation of 11th .Avenue Between Minnesota and Dakota Streets, According to the Plat of Eagle Bluff 2nd Additiontothe--City- -- Shakopee, Scott County, Minnesota and move its adoption. Motion carried unanimously. Clay/wampach moved that the Finance Director be directed to track the markets concerning his procedures with the actions of a financial management company and come back to the City Council with the results. Roll Call: Ayes - Wampach, Zak, Clay Noes - Lebens, Scott Motion Carried Clay/Wampach moved to amend Resolution No. 2934 by deleting the sentence "Also, the proper City officials are authorized to execute agreement or contracts for the use of investment advisors as provided above" . Motion carried with Cncl. Scott and Mayor Lebens opposed. Clay/Wampach offered Resolution No. 2934, A Resolution Authorizing Investment Transactions and Adopting an Investment Policy, as amended and move it adoption. Roll Call: Ayes - Wampach, Zak, Clay Noes - Lebens Scott Motion carried Clay/Scott moved to direct City Staff to notify the Scott County Board that the City Council will provide a history of the permits issued to Duane Ferguson informing him that the City Council has no problem to the site being filled with demolition equipment as long as it meets all health requirements. Motion carried unanimously. Wampach/Clay offered Ordinance No. 249, An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code Chapter 4 entitled "Construction, Licensing, Permits and Regulations" by Adding thereto a Section Providing for the Approval of Summary of Said Ordinance, the Posting, Filing and Publication, and by Adopting by Reference Shakopee City Code Chapter 1 and Section 4.99 Which Among Other Things Contain Penalty Provisions, and moved for its adoption. Motion carried unanimously. Official Proceedings of the August 2, 1988 Shakopee City Council Page -5- Zak/Clay offered Ordinance No. 250, official Summary of Ordinance No. 248 and Ordinance No. 249 Both Fourth Series and Entitled An Ordinance of the City Of Shakopee, Minnesota, Amending Shakopee City Code Chapter 4 entitled "Construction, Licensing, Permits and Regulations" by Repealing Existing Section 4.30 of Chapter 4 and by Enacting a New Section 4.30 by Adopting by Reference Shakopee City Code Chapter 1 and Section 4. 99 Which Among Other Things Contain Penalty Provisions, and moved for its adoption. Motion carried unanimously. Wampach/Clay moved to adjourn to August 16, 1988 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 11:10 P.M. Judith S. Cox City Clerk Jane VanMaldeghem Recording Secretary CONSENT g �J 4z' e7— r�a� , ales' Action Requested Authorize the appropriate City staff to investigate the neighbors request for elimination of the cul-de-sac island in Merritt Court. '�7h BULLETIN association of ��^p me ropolitan municipalities AUGO 81988 August 5, 1988 CITY OF TO: MEMBER MAYORS]],, DELEGATES AND MANAGERS/ADMIN_I_STRATORpAFF FROM: VERN PETERSOI(,7,�ECUTIVE DIRECTOR _ ROGER PETERSOO�r((, DIRECTOR OF LEGISLATIVE AFFAIRS RE: AMM AND METROPOLITAN ACTIVITIES OF IMPORTANCE 1 . TRANSPORTATION ADVISORY BOARD (TAB) NOMINATIONS: Ten positions on the Transportation Advisory Board are reserved for municipal elected officials. (The TAB By-Laws specify that the AMM has the responsibility for nominating these officials). It is a two year term and the new terms will commence October 1 , 1988. The AMM Board will be making these nominations at its September Board meeting. The TAB is a very important body and provides general transportation advice and counsel to the Metropolitan Council, Regional Transportation Board and the Minnesota Department of Transportation, etc. One of its most important functions is to annually determine the FAU project funding priorities. The TAB normally meets the third Wednesday afternoon of each month in the Metropolitan Council Chambers. RECOMMENDATIONS WANTED: The AMM Board is soliciting recommendations for these positions via this Bulletin. Recommendations must be in writing and should be submitted to the AMM Office, to the attention of Vern Peterson, by no later than Wednesday, August 24, 1988. 2. VACANCY ON AMM BOARD: Due to the resignation of John Walker, former Mayor of Newport, from the Board of Directors, there is a vacancy on the AMM Board. The AMM Board is responsible for the general management of the affairs of the Association and supervises the administration of the AMM office and affairs through the Executive Director. The Board meets the first Thursday night of each month at 7:00 P.M. in the AMM office at 483 University Ave. , East. , St. Paul . 183 university avenue east, at. paul, minnesota 55101 (612) 227-4008 ILL MEMO TO: John K. Anderson, City Administrator FROI4: Douglas K. Wise, City Planner & Dave Hutton, City Engineer RE: 11th Ave. Right-of-way Within Prairie Estates Subdivision DATE: August 10, 1988 INTRODUCTION: Attached is a letter from Michael A. Stadther, 1077 Shawmut Street outlining his concerns regarding the approval of the Prairie Estates Subdivision as it pertains to right-of-way for the portions of 11th Avenue where the street will not be constructed. Staff is responding to Mr. Stadthers concerns based upon the action at the Planning Commission and City Council meetings approving the Prairie Estates Subdivision. BACKGROUND: At their meeting on June 9, 1988 the Planning Commission discussed and forwarded a recommendation to the City Council regarding approval of the Prairie Estates Subdivision. During the course of the discussion at the Planning Commission the need for a sidewalk connecting the developed sections of 11th Avenue was discussed. There was also discussion regarding whether or not the City should vacate the existing dedicated right-of-way for 11th Avenue in the portions where the street would not be constructed. The staff had recommended vacation of the existing right-of-way which is for the North half of the street only and retension of easements for utility, drainage and trail improvements. The staff' s recommendation was based on the fact that providing easements would enable the City to utilize this property in the same manner as retaining the right-o£-way while not actually owning the property. The Planning Commission after discussion decided that the right-of-way should be maintained and not vacated. The discussion also occurred as to whether additional easement area should be required along the North property line of the lots immediately to the South of 11th Avenue in this area to allow for a greater setback from the proposed sidewalk. During the discussion it was suggested that a 30' easement could be required and the Engineer present at the meeting indicated that the property owner was not opposed to dedicating additional easement area along these property lines. At the close of the discussion a motion was made to amend the City staff' s recommended condition regarding vacation of the street to require that the existing right-of-way be maintained and that a sidewalk be constructed connecting the developed portions of 11th Avenue. This amendment was approved by the Planning Commission. Following approval of this amendment another motion was offered approving the plat subject to conditions recommended by staff and the above approved amendment. This motion was also approved by the Planning Commission. At the June 21, 1988 meeting the City Council received the recommendation of the Planning Commission regarding the approval of the Prairie Estates subdivision. The City Council approved the subdivision with a change allowing for the sidewalk between the developed portions of 11th Avenue to either be concrete or an 8' bituminous trail. No other changes were made by the City Council. I have confirmed the above recount of discussion and action by the Planning Commission and City Council by listening to the tape of the meeting. After receiving the letter from Mr. Stadther I invited him to listen to the tape which he has done. The final plat as approved shows a 15' easement along the North property line of the lots abutting the undeveloped section of llth Avenue. The 15' easement together with the 40' existing right-of-way provides a 55' buffer between the South property line of the lots North of 11th Ave. and houses constructed in the Prairie Estates subdivision. ALTERNATIVES: 1. Do nothing, thereby leaving all action taken by the Planning Commission and City Council as it stands. The final plat as approved shows a 40 foot right-of-way and a 15 foot easement, providing a 55 foot buffer between any existing properties and new houses in the Prairie Estates subdivision. 2. Request that the Planning Commission review this situation and make a recommendation to Council. 3 . Amend the final plat to require 30 feet of additional right- of-way be dedicated for the South half of 11th Ave. by the developer of Prairie Estates. STAFF RECOMMENDATION: Final action regarding this plat has been taken and staff hopes this memo will clarify any misunderstandings that may exist. Staff recommends no further action be taken regarding this plat. ACTION REOUESTED: Move to reaffirm Council's position on the Prairie Estates Subdivision as approved at the June 21, 1988 meeting. a� August 5, 1988 David Hutton Shakopee City Offices 129 1st Ave. East Shakopee , MN 55379 Dear Mr. Hutton: As a concerned citizen of Shakopee and my fine neighborhood, I feel it ' s necessary to file an objection in regards to the set backs of Prairie Estates; more specifically the area between Legion Street and Naumkeag Street bordering the Eagle Bluffs Edition. I have attended all of the Shakopee City Council and Planning Commission meetings in regards to Prairie Estates. At the last meeting of the Planning Commission regarding Prairie Estates a decision was made not to put 11th Avenue through between Legion and Naumkeag, which I totally agree with. . . r - -- - It was also my understanding that Prairie Estates would set aside land as though 11th Ave. were to be constructed with a walking path down the center of the would be 11th Ave. To confirm my. understanding of the situation I called you the following day and went over these exact points. You stated that my understanding was indeed correct. At the end of our conversation I asked you to please inform me of any changes; so, when an advertisement in the Sahkopee Valley News appeared to the contrary I was puzzeled . On Friday August 5, 1988 I went to the city offices to check out the final Platt. All of the employees at the hall were very helpful but a copy of the platt could not be found; so , I was directed to the city attorney, Mr . Coller , who did have a copy of the final Platt . I noted that changes had been made and that land had not been set aside for the 11th Avenue corridor between Legion and Naumkeag. I feel very strongly that this will make the aesthetics of the neighborhood unacceptable as did Mr . John Schmitt of the Shakopee Planning Committee. i i A request will be made to have this topic placed on the agenda of the next City Council meeting. Please contact me as soon as possible to discuss this discrepancy. My day time phone number is $591-1095 and in the evening I can be reached at -995-6809 . Sincerely, J/ Michael A. Stadther 1077 Shawmut Street Shakoppe, MN 55379 CC: Shakopee City Council CONSENT 1?6 MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Recommendation to Rezone S 1/2 of Elk 3, Koepers Addition from I-1 to I-2 DATE: August 9, 1988 INTRODUCTION- At their meeting on August 4, 1988 the Planning Commission passed a motion recommending to the City Council the rezoning of the Southern half of Block 3, Lots 1 - 5 of Koeper's Addition and the area immediately to the East of Lot 5 extending to the Western lot line of Lot 1, Block 175 of the original Shakopee Plat from I-1 (Light Industry) to I-2 (Heavy Industry) . BACKGROUND: Gene Brown acting as agent for the property owners applied to the City for rezoning of the property from I-1 Light Industry to I-2 Heavy Industry. Rahr Malting has indicated that they will purchase the property if rezoned. Rahr Malting does not have any definite plans for use of the property at this time, but is purchasing it in order to reserve area for possible future expansion. The area to the East of this property is currently zoned I-2 and the area to the North of this property was recently rezoned from I-1 to I-2. Property to the South is currently zoned R-3 and several small apartment buildings are located on the South side of Third Avenue. Light Industry and Multi-Family Residential Districts often serve as buffers or transitional zones between Heavy Industrial Districts and Low Density Residential Districts. Rezoning of this property will eliminate the light industrial buffer. However, the higher density residential district will remain as a buffer. Further to the East the I-2 District abuts the R-2 District directly. If Rahr Malting, a major local employer, is to expand it is limited in where expansion can occur. This is the only vacant area adjacent to their facilities. The property has been zoned I-1 since 1979 and no development has taken place on this property. PLANNING COMMISSION RECOMMENDATION: i The Planning Commission at their meeting on July 7, 1988 approved a motion recommending amendment of the Shakopee Zoning Map to remove the S 1/2 of Block 3 , Lots 1-5, Koeper's Addition and the area immediately to the East of Lot 5 extending to the Western line of Lot 1 Block 175 Original Shakopee Plat from the I-1 Zoning District and placing it in the I-2 Zoning District (Unapproved minutes attached) . The following reasons were given for the recommendation: 1. The potential for development in this area will improve if rezoned from I-1 to I-2. 2 . The proposed rezoning is consistent with the City's Comprehensive Plan. 3 . The rezoning is consistent with community goals and development policies. ALTERNATIVES• 1. Approve the rezoning for the reasons discussed above. 2. Deny the rezoning. There was no opposition to this rezoning request even though it reduces some of the buffer or transitional zoning between I-2 and R-2. ACTION REOQESTED: Offer and approve a motion concurring with the Planning Commission recommendation and directing the City Attorney to prepare the necessary ordinance rezoning Lots 1-5, Block 3 Koeper's Addition and the area immediately to the East of Lot 5, extending to the western line of Lot 1, Block 175 original Plat from I-1 to I-2. fyfy lr` ry S�rlEt � ���" ZZ cn -DIE,L - n 1 m 1 I, 1t r� - I H111 apo =�j rn I T 1'� rn If CCC I ra, � - ET v � PZI - .i. 9 � i ------ `i� oT. 5 _ a � yam, � illi• f lll� 11 1" � 1 � q 1 �• 4,YERYIEY Ell ' F Ge,ve B�ow� 7zy 8� /Qez�N N SCALE ao. LGT LOCAT]ON i -------- i E InEP Ce 1I1 1. I 1 •11.111 1r� tpnG�c/'P 1_ j1, SII r -. 11 j11i 1 1� 1 -I I `I� r/ III - ,1 11•- i 111' .T / S4 1 1 1. 1 11.• �1. 1 1 �t. ? Kof�lrS /� GYGI �f OA) ez�NiN, LOT LO-,.ATIDN SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, MN August 4, 1988 Chrmn. Rockne called the meeting to order at 8: 15 P.M. , with Comm. Forbord, Schmitt, Foudray and Allen present. Absent: Comm. Czaja and Stafford. Also present: Cncl. Zak, Doug Wise, City Planner; Dennis Kraft, Community Development Director and Dave Hutton City Engineer. Forbord/Schmitt moved to approve the agenda with the deletion of approving June 9, 1988 meeting minutes and the addition of items noted under Other Business. Motion carried unanimously. Forbord/Schmitt moved to approve the meeting minutes of July 7 , 1988. Motion carried unanimously, with Comm. Forbord abstaining due to his absence. PUBLIC HEARING - HENTGES 1ST ADDITION Foudray/Schmitt moved to continue the public hearing to consider the preliminary plat approval of Hentges 1st Addition located upon the property north and west of Highway 169, on both sides of Third Avenue. Motion carried unanimously. City Planner stated that the City had received a response from the railroad indicating that the railroad is not willing to recognize the roadway through Hentges 1st Addition as a public crossing. Lon Carnahan, applicant, said he met with the City Attorney who had stated the road has been there for 50 years and should be considered a public crossing. The City Attorney further stated that it would be the responsibility of the City to follow up with the Railroad and not the developers. Schmitt/Allen moved to close the public hearing. Motion carried unanimously. Forbord/Foudray moved to table action on Hentges lst Addition pending the resolution of the crossing with the railroad and further direct staff to place the item back on the Planning Commission agenda when the issue had been resolved. Motion carried unanimously. PUBLIC HEARING - REZONING Schmitt/Foudray. moved to open the public hearing to consider the rezoning of the property located east of Adams Street and north of Third Avenue from I-1 to I-2 . Motion carried unanimously. Jim Plekkenpol, applicant stated his mother is in a nursing home and greatly desires to sell this property and cannot sell it under the current zoning of I-1. Planning Commission August 4, 1988 Page -2- Chrmn. Rockne asked for comments from the audience. There were none. Foudray/Forbord moved to close the public hearing. Motion carried unanimously. Schmitt/Foudray moved to recommend to the City Council the rezoning of Lots 1-5, Block 3, Koeper's 1st Addition from I-1 to I-2 , based on the following findings: 1. The potential for development in this area will improve if rezoned to I-2. 2. The proposed rezoning is consistent with the City's Comprehensive Plan. 3 . The rezoning is consistent with community goals and development policies. Motion carried unanimously. —�1 PUBLIC HEARING - CONDITIONAL USE PERMIT FOR PRAIRIE LINE Foudray/Allen moved to open the public hearing to consider the request for a Conditional Use Permit for outdoor storage of transportation equipment and a truck maintenance garage upon property located on County Road 89 . Applicant, Prairie Line, Inc. Motion carried unanimously. Bob Hamel, 13660 Hershey Court, Apple Valley, represented Prairie Line, Inc. , and was present to address the Planning Commission. He stated their operation consists of no toxic or hazardous wastes. Chrmn. Rockne asked for comments from the audience. There were none. Foudray/Forbord moved to close the public hearing. Motion carried unanimously. Foudray/Allen offered Conditional Use Permit Resolution No. 533 , allowing for the construction of a truck maintenance facility and allowing for the outdoor storage of such trucks and trailers and moved for its adoption subject to the following conditions: 1. That plans for a storm water detention facility be submitted and approved by the City Engineer prior to issuance of the Building Permit. MEMO TO: John K. Anderson, City Administrator CONSENT �C FROM: Douglas K. Wise, City Planner / RE: Sidewalks Along C.R. 17 DATE: August 9, 1988 INTRODUCTION: At their August 4, 1988 meeting the Planning Commission discussed the requirement that certain establishments along the East side of C.R. 17 install sidewalks in the front of their property. The Commission passed a motion to advise the City Council of the sidewalk issue along C.R. 17 as it relates to the Super 8 Motel and the action necessary to carry out the intent of the plat. The Commission further moved that the installation of sidewalks between Fourth Avenue and Tenth Avenue along the East side of C.R. 17 be included in the Capital Improvements Program. BACKGROUND: At their meeting on July 7, 1988 Planning Commissioner John Schmitt requested that the issue of sidewalks along C.R. 17 be placed on the next Planning Commission agenda for discussion. Attached is a map showing existing sidewalks along C.R. 17. As conditions of approval developers for Brooks Superette and Mt. Olive Lutheran Church property agreed_ to petition for sidewalk improvements along C.R. 17. The City does have a petition from the developers of the Mt. Olive Lutheran Church property. The City also has a developers agreement with the developers of the Super 8 property for installation of sidewalks and holds a letter of credit. At the August 4 meeting the City staff recommended to the Planning Commission that the City inform the developers of the Super 8 Motel that if sidewalks are not completed by the end of 1988, the City will install them in the Spring of 1989 and utilize the letter of credit we now hold. The City staff also recommended that a petition be sent to Brooks Superette for their signature. The City staff had included in their recommended Capital Improvements Program for 1989-1993 that installation of sidewalks between Fourth Avenue and Tenth Avenue along the East side C.R. 17 be installed during 1989. It is the staff' s recommendation that the City initiate this improvement and construct sidewalks along this area wherever existing sidewalks do not currently exist. The Planning Commission concurs with the staff ' s recommendation and has included the improvement in the proposed 1989-1993 Capital Improvements Program. ALTERNATIVES• 1. Direct the City staff to inform the developers of the Super 8 Motel that if they do not construct the sidewalk adjacent to their property along CR 17 in 1988 the City will install the sidewalk in 1989 and draw on the letter of credit to cover the cost of construction. 2. Direct the City staff to send a petition for sidewalk improvements along CR 17 to the developers of Brooks Superette and reminding them of their contractor of obligations with the City. 3 . Take no action on this item until 1989. 4. Give both the Super S and Brooks Superette redevelopers one more year to take appropriate action. RECOMMENDATION• Alternative #1 and #2 above are recommended. ACTION REQUESTED: 1. Offer and pass a motion directing City staff to inform the developers of the Super 8 Motel property that if a sidewalk along the East side of C.R. 17 is not installed by the end of 1988, the City will install the sidewalk during the Spring of 1989 and utilize the letter of credit the City now holds for the cost of construction. 2. Offer and pass a motion directing City staff to send a petition for sidewalk improvements along C.R. 17 to the developers of Brooks Superette reminding them of the condition for approval of the project requiring their signing of a petition initiating the project. CONSENT qd MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Easement for Prior Lake-Spring Lake Watershed District Drainageway Within the Meadowbrook Run Subdivision DATE: August 10, 1988 INTRODUCTION• At their meeting on April 19, 1988 the City Council approved the final plat for Meadowbrook Run subdivision. since approval of the final plat the developer has been surveying the property and discovered that the existing drainageway through the property does not conform to the recorded easement. The developer and Prior Lake-Spring Lake Watershed District have requested that the easement be moved to conform with the drainageway. BACKGROUND: The City Council approved the final plat for Meadowbrook Run at their meeting on April 9, 1988. The Meadowbrook Run subdivision is located on the corner of C.R. 16 and Pike Lake Trail. The approved subdivision consists of 8 large lots. During -the course of final surveying for the subdivision the developers surveyor determined that the drainageway constructed by the Prior Lake-Spring Lake Watershed District through the property did not conform to the easement granted to the City and the Watershed District by the property owner. Because it is easier to move the easement to conform with the constructed drainageway than to move the drainageway to conform to the recorded easement, the developer has requested that the City Council approve the granting of a Quit Claim Deed to the property owner for the existing easement at the same time the developer grants a new easement conforming with the constructed drainageway. Attached is a communication from the Watershed District Attorney and a copy of the proposed easement and Quit Claim Deed. ALTERNATIVES: 1. Approve the Watershed Districts request for revising the easement. 2. Deny the request. RECOMMENDATIONS• Both the developer of Meadowbrook Run and the Watershed District are in favor of the proposed change in the easement. Since both parties agree to the change, staff recommends alternative #l, to approve the easement revision. Staff also would like to point out that the final plat will probably need to be amended to reflect the revised easement description. ACTION REODESTED• 1. Offer and pass a motion approving the Quit Claim Deed for the "existing easement" and accepting the new easement, directing the appropriate City officials to execute these documents. 2. Authorize the appropriate City officials to amend the final plat of Meadowbrook Run to show the revised easement. HUEMOELLER & BATES ATTORNEYS AT LAW POST 111 .Bo:ST PRIOR LAKE. MINNESOTA 55372 16121067-2131 JAMES D.BATES BRYCE D.NVEMOELLER July 29 , 1988 MI. DarrelOnyea _ Gonyea Land Company 9100 West Bloomington Freeway Minneapolis, MN 55431 - RE: City of Shakopee and Prior Lake-Spring Lake Watershed District - Melby Dear Mr . Gonyea: This letter is to affirm that the watershed District will release its interest in the easement recorded as document 201405 on the condition that the Melby family execute and return to the District the Drainage and Utility Easement that is included with this letter. The District anticipates, and by copy of this letter I am formally requesting, that the City of Shakopee will cooperate and approve the substitution of the easements and authorize the exe- cution of the quit claim deed, a cony of which is attached to this letter. Procedurally, I would expect the substitution of easements to be handled as follows: (a) The District' s Board of Managers will consider the mat- ter at its regular monthly meeting scheduled for August 9 , 1988 , at 7 : 30 p.m. , at the Scott-Rice Telephone Building in Prior Lake. (b) The Shakopee Council should conisder the matter in the same general time frame. (c) Assuming that both the District ' s Board of Managers and Shakopee' s Council approve the substitution, the quit claim deed will be sinned on behalf of both entities and held for you to deliver the fully signed and acknowledged Drainage and Utility Easement and a check for state deed tax and filing fee and conservation fee to record the deed. Mr. Darrel E. Gonyea Page 2 July 29 , 1988 (d) we will record the documents and send copies to Shakopee and you. If the proposed documents and procedures are acceptable to both Shakopee and you, we will place this matter on August 9 agenda for the managers and would ask Shakopee to also place the matter on the agenda for its Council. Please call me with your decision. _ fSinc/1/�e'.�,trely yo('Iu1'r's�,�,nC(I��'�^ n Ie�D. Huemoeller BDH:nm V Enclosures cc: Julius C. Coller, II Al Kremer Donald O. Benson Philip R. Krass q DRAINAGE AND UTILITY EASEMENT here the BY pRIORILA%£S RING LANE WATERSHEDeDISTRICl, a)politicrant to al subdivision of the State Of Minnesota, and the CITY OF SHAKOPEE, a municipal corporation, and their successors and assigns (Grantees), a non-exclusive perpetual drainage and utility easement and right to construct, install, maintain, repair, use, enlarge, modify and service any and all improvements which may be s _ from time to time made to or installed over, under and across the following described land (Easement Area), to-wit: A strip of land, 70 feet in width, in the West Half of the Southeast Quarter of Section 14. TOwnshiD115, Rangeoad N22 16 , Scott County, Minnesota, lying South of &mnty the centerline of which is described as follows: Commencing at the southwest corner of the West Half of the Southeast Quarter; thence on an assumed bearing of East along the south line of the west Half of the Southeast Quarter a distance of 385.00 feet to the point of beginning of centerline to be described; thence North 3 degrees 42 minutes 00 seconds East along the centerline 310.00 feet; thence North 28 degrees 55 minutes 00 seconds East along the centerline 217.00 feet; thence North 55 degrees 30 minutes 00 seconds East along the centerline 105.00 feet; thence North E2 degrees 50 minutes 00 seconds East along the centerline 155.00 feet; thence North 6 degrees 38 minutes 00 seconds East along the centerline 240.00 feet; thence North 31 degrees 40 minutes 00 seconds East along the centerline 80.00 feet; thence on a hearing of East along the centerline a distance of 120.00 feet; thence South 62 degrees 10 minutes 00 seconds East along the centerline 120.00 feet; thence South 51 degrees 10 minutes 00 seconds East along the centerline 220.00 feet; 'thence North 84 decrees 10 minutes 00 seconds East along the centerline 100.88 feet to the east line of the West Half of the Southeast Quarter and there terminating. The sidelines of the Easement Area shall be shortened or lengthened to terminate on the south and east lines of the West Hal`_ of the Southeast Quarter to form a continuous stria of land. 1. This easement grant includes the right of reasonable access to the Easement Area. 2. Grantors reserve the right to enter upon and use the Easement Area for any purpose. However, the Grantors shall not excavate, fill, dump, cultivate within or otherwise interfere With the intended use of the Easement Area by the Grantees. 3. This easement grant is non-exclusive. Grantors may grant additional easements to others, over, across, unaer and upon the Easement Area, but any subsequent grant shall not Dermic a use prohibited by Section 2. <. This easement grant is made subject to all existing easements of record. S. The improvements and_other facilities installed on the Easement Area by the Grantees shall remain their exclusive prop- erty and may be removed at the sole option of the Grantees. 6. Grantors covenant with the Grantees that they are the owners of the Easement Area and have the right to sell and convey this Drainage and Utility Easement. evised 8/2/88 5. This indenture shall bind and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. EXECUTED IN WITNESS NENEOF, to be effective on the 12th day of August, 1988. Frances Ann Thomas James C. Melby John L. Thomas Mary E. Melby Wllliam E. Melby Frances W. Me by, as CD-Trustee of the Leonard J. Melby Testamentary Trust Charlotte N. Hel by Thomas L. Malay, as Co-Trustee Frances W. Me by of the Leonard J. Melby Testamentary Trust STATE OF )ss. COUNTY OF ) - The foregoing instrument was acknowledged before me this _ day of , 1988, by Frances Ann Thomas and John L. Thomas,N.s Dana and wife. Notary public STATE OF ss. COUNTY OF J The foregoing instrument was acknowledged before me this _ day of , 1988, by James C. Melby and Mary E. Melby, husband ano wife. Notary Public STATE OF )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 1988, by William E. Melby and Charlotte E. Melby, busban a, wife. - Notary Public SPATE 03 ss. COUNTY OF � The foregoing instrument was acknowledged before me this day of 1988, by Frances W. Melby, a single person_ Notary Pub is -2- 1 11 N.y ' ri J 9L i - { - II 4 SERVICES `Yt-- s - s .BU 14DING GORMAN - - w_P IELD _ _ M L Y _ V 4oGF e6 Vati 4 }` - s e I , 11 2 - B F PEARSON _ I M, -lei STATE OF jss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1988, by Frances W. Melby and Thomas L. Melby, as Trustees of the Leonard J. Malloy Testamentary Trust, on its behalf. Notary Pu 1 C THIS INSTRUMENT WAS DRAFTED BY: HUEMOELLER 6 BATES 166670 Franklin Trail Suite 210 Prior Lake, MN 55372 -3- QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $1.65 -- Date: August 11, 1968 FOR VALUABLE CONSIDERATION, the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political subdivision Of the State Of Minnesota, and the CITY OF SHAKOPEE, a municipal corporation, Grantors, hereby convey and quitclaim to Frances Ann Thomas, James C. Melby, William E. Melby, Fiances W. Melby and Thomas L. Melby, as trustees of the Leonard J. Helby Testamentary Trust, and Frances W. Melby, as tenants in common, Grantees, real prop- erty in Scott County, Minnesota, described as follows: The West Half of the Southeast Quarter Of Section 14, Township 115, Range 22, Scott County, Minnesota, lying southerly of the southerly right-of-way line of County Road No. 16, together with all hereditaments and appurtenances belonging thereto. This deed is given to terminate and relinquish all rights acquired by the grantors in the above described premises by the Final Certificate in Condemnation as to Parcel No. 25 in the matter of the City of Shakopee and Prior Lake-Spring Lake Watershed District, Petitioners, vs. Frances Ann Thomas, et al. , Respondents, dated February 8, 1984, recorded May 14, 19B4, as document 201405. CITY OF SHAKOPEE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT BY BY Its Mayor Its President AND AND Its AaminlSLrator Its Secretary STATE OF MINNESOTA) an. COUNTY OF SCOTT ) On this bay of 1988, the foregoing instrument was acknowleaged before me by and the mayor aoC AvminlsLra`.or, respectively, of the City of Shakopee, a municipal corporation, On its behalf. Notary Fuo is STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) On this day of 1988, the foreaoing instrument +as acknowleagea—before me by and the President acct Secretary, respectively, of the Prior Lace-Spring Lake watershed District, I political subdivision of the State of Minnesota, on its behalf. M wary Ru is This instrument was Tax statements for the real drafted by: Property described in this instrument should be sent to: nG E; CE ER G B"TES Mrs. Jack Thomas -.10"``= � 1,"." 1900 Hines Lakeview Drive 16.1-0`r—K_!N TCGIL PRIOe LAK-. I.W553]2 Cumberland, Wisc. 59629 . 1� MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Capital Improvements Program for 1989-1993 DATE: August 9, 1988 INTRODUCTION: At their meeting on August 4, 1988 the Shakopee Planning Commission passed a motion recommending to the City Council approval of the Capital Improvements Program for 1989-1993 as attached. BACKGROUND: Each year the City prepares a five year capital improvement program outlining major future capital improvements to be undertaken within the City of Shakopee. The City staff prepares a draft Capital Improvements Program which then is presented to the City Planning Commission for their review and recommendation to the City Council. At the August 4, 1988 meeting, the Planning Commission reviewed and recommended approval of Capital Improvements Program as attached. The Commission also recommended that in future years the draft Capital Improvements Program also include a description of the proposed projects to assist the Planning Commission with it' s responsibilities of reviewing the proposed plan. ALTERNATIVES: 1. The City Council can offer and pass a motion approving the 1989-1993 Capital Improvements Program as recommended by the Planning Commission. 2. The City Council can offer and pass a motion approving the 1989-1993 Capital Improvements Program as recommended by the Planning Commission subject to changes made by the City Council. ACTION REQUESTED: Offer and pass a motion as outlined in either alternative 1 or alternative 2 above. R S R i F �= l ! I t - I I $$ £ I $$ i - q � $ 1 a �➢ j o I i � � = I � Ia ! _ 1 $$ ii[ $ j $ $ iI ? x i s S , iB_ �gis x�lc si s � I j a I 4 k In Ilk $ i ai a $41 a m H j . s ! REIC ' i n t • s I i J1 i ! j ! a ,$ imakikkka §k§I i im 6?ici:d 9ss ! -s$s 1 I Lc Issai& I aL^ ! LSL gjia$ssis`- 1 - ss^ 4 .T�sss i I L sj s L a ! �-MM ASI 3 Fi■■ II� �¢ajteJi_a}=pp-s.S 4 3 mII1SEAs�pS G`= i. s_m�s,sYi �_ �a .1 �. t: ',� tIc���533�c • ! ._ .. 'iIs1's 3vs9 StA- 183 - � 1655,FjG£�2- iF3" y F1 t. _ 2 . . =5p . i�_ . = c .. • �y. . Ix$mss ; s- i `gill" 1s`5s-_'s � o:m - inn.. .. 'ea? 's j 'siaF_' ilsFa3jsa3si _ 19s�s s YsI W-ZW I �WZ W.T. i 'seWWIWeW ," i, sWWWWW&WtW � W 3W Ia:.:..... , ' LRRmainS SRjARS Si3..- � A RRR i ~^ i .. . L I a ' '-3S3s t i s t 1 SSI -....•.. ! .� =_= 9n2F ;amp.^.. � F4R R.^.R i .•,. RA � pxRR i' 555 . * ! � } ! ! Ei a ail ! \ | - � . \ ( � � � • i � R ! , ! ! Q ^ % _ - - - , Mal } p seepiiui . _ it g :\« /et ® £ R4; deeww/2 \ | ' 4z£ gb )24gg4aea; \ : _ . ,... � aR9ea�� C. aa. . . y - � � ! - !_, !_ •|! !| All ail � //§§� . \ dda# d� �- � \9=t //a3/- -- „ of MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Amendment of the City's Thoroughfare Plan for the Mini By-Pass DATE: August 9, 1988 INTRODUCTION• At their meeting on August 4, 1988 the Shakopee Planning Commission passed a motion recommending to the City Council that the City's Thoroughfare Plan be amended to show the realignment of the Hwy. 169 and 101 intersection, bypassing First Avenue from Fuller to Spencer Streets, and adopt an official map to reserve the proposed right-of-way. BACKGROUND: At the July 19, 1988 City Council meeting the City staff provided the Council with materials outlining the official map procedure and recommended proceding with the adoption of an official map for the mini by-pass. Adoption of an official map would designate the proposed right-of-way for the mini by-pass and allow the City to withhold building permits within that proposed right-o£-way. One of the first steps in the official map process is to amend the thoroughfare plan to conform to the proposed new street alignment. At the July 19th meeting the City Council directed the Planning Commission to review the proposed amendment to the thoroughfare plan and forward a recommendation to the City Council. The City Planning staff has also made contact with the staff of the Metropolitan Council of Governments and has been informed that the Metropolitan Council must approve all Comprehensive Plan amendments. In discussing the proposed realignment of the intersection with Metro Council staff, they indicated that they were familiar with the project and that their approval of the Comprehensive Plan amendment would be routine. ALTERNATIVES• The alternatives listed below are designed to keep the official mapping process for this project moving forward so we meet Mn DOT's requirements to insure that any r-o-w purchases we make will fall within our $1.9 million commitment. 1. Submit the proposal to the Met Council, direct the City Attorney to draft an ordinance adopting the official map and set a public hearing for September 13th. Mn DOT has stated they expect approval of the EAW in November. Council has also reviewed potential new building permits within the proposed r-o-w. The official mapping process cannot be accomplished on a faster time table, but can be delayed at or after the hearing should such a delay be deemed appropriate. 2 . Delay the official mapping process by scheduling the hearing for later in September or in October. September will be the month Council will be holding budget worksessions. 3. Drop all the official mapping steps for the TH #169/101 Bridge and interchange improvements until a later date. Staff does not recommend this alternative because steps like submitting the proposed amendment to the Met Council are procedural and Council can still control the process by selecting the best date to make final approval of the Ordinance adopting the official map. PLANNING COMMISSION RECOMMENDATION: The Planning Commission at their meeting on August 4, 1988 passed a motion recommending to the City Council that the City's Thoroughfare Plan be amended to show the realignment of the Hwy. 169/101 intersection, by-passing First Avenue from Fuller to Spencer Streets, and adopt an official map to reserve the proposed right-of-way. ACTION REOURSTED: 1. Offer and pass a motion directing City staff to submit the proposed Comprehensive Plan amendment for the Thoroughfare Plan to the Metropolitan Council of Governments for their approval. 2 . Offer and pass a motion directing the City Attorney to draft the ordinance adopting the official map. 3 . Set a public hearing on the adoption of the amendment to the Thoroughfare Plan and official map ordinance for September 13, 1988 at 7 P.M. in the City Council Chambers. y , COMBINED LOCATION/DESIGN HEARING HANDOUT FOR TRUNK HIGHWAYS 101 & 169 S.P. 7009-52 MN. PROJECT No. BRF005-2 T.H. 101 / 169 MINNESOTA RIVER CROSSING - DOWNTOWN SHAKOPEE APPROACH 0 s Ill � MN. RIVER - - L T. HTH t 7LJ 101169 - - EI I ZI I - �, L-wJ L OPEN HOUSE", INFORMAL" MEETING 4:00pm 7:30pm FORMAL HEARING AT 7:30pm February 25, 1987 At Scott County Court House _Hearing Conducted,By_City of Shakopee _ -- — and-Mmnesota�epa[iment of Transportation, _ lilt \0 N w. tIUUF3H 3 ALTERNATIVE 7A j 1 2 3 4 5 6 - IN RE THE HATTER OF : 7 9 --PUBLIC . HEARING - ON_PROPOSED . ALTERNATIVES OF T . H . 10 101/169 ,AND MINNESOTA RIVER CROSSING . 11 12 - - - - - - - - - - - - - _ _ - _ _ - - 13 - -_The above-entitled matter came on for public 14 -hearing at - tne . Scott County Courthouse , Room 318 15 - 'o-n the 25th day of. February , 1987 commencing at 16 :-7-: 30 p .m . 17 THE HONORABLE ELDON REINRE, - TB Mayor of the City of Shakopee presiding . 19 « « « « « 20 21 22 23 =- - - 24 MEMO TO: John K. Anderson, City Administrator FROM: Rick Paulseth, Zoning Enforcement Officer RE: The placement of a storage shed and improvements made upon public land behind 1162 Limestone Drive DATE: August 10, 1988 INTRODUCTION: A letter dated 8-1-88 (copy attached) was sent to the owner of the property at 1162 Limestone Drive, Mr. John Nelson, which informed him that the Shakopee Community Development Department had discovered that the property owner extended his backyard beyond the rear property line of his lot by approximately 60 feet and placed a storage shed which must be removed on public land dedicated for drainage and park area. Mr. Nelson has requested Council review of staffs requirement to remove the storage shed. BACKGROUND: One 7-26-88 the Community Development Department received a complaint concerning a possible encroachment upon public land by a home owner at 1162 Limestone Drive. On 7-27-88, I went to the Nelson residence attempting to gain permission to inspect the property. I found no one home, so I proceeded to --inspect the back yard of the property. __ __sG®asurements—revealed that the shed is approximately 120 feet from the back of the house and the backyard is landscaped to that distance. The lot is recorded to have a 60 foot backyard. A meeting on 7-28-88 was held among Dave Hutton, City Engineer; Doug Wise, City Planner; and myself to discuss the approach to be taken by the Department. It was decided the issues of possible improvements and public use of land already improved by Mr. Nelson should be addressed and that the shed should be removed. A letter to Mr. Nelson was drafted on 7-29-88 and approved by both Doug Wise and Julius Coller. Mr. Coller recommended that the letter provide for a 30 day time limit on removal of the shed. The letter was sent by certified mail on 8-1-88. On 8-2-88 letters were sent to Robert Wolf, 1120 Limestone and Darrel Dale, 1178 Limestone, (copies attached) informing them that some of the residents on Limestone Drive abutting park land, had extended their backyards onto park land and had made improvement on City property. A meeting with Mr. Nelson, Mr. Wise and myself was held on 8-4-88, Mr. Nelson requested to know the name of the complainant. We explained that it is our policy, as provided under State Law, not to release that information so any formal complaint would be signed by a member of our staff, not the complaintant. Mr. Nelson stated that he had verbal permission from a former City Engineer (Ken Ashfeld) to make use of the park property for his yard. Mr. Nelson was informed that the shed must be removed unless the City Council gives him permission to allow it to remain. Mr. Nelson agreed to pursue the matter with the City Council. LIABILITY TO THE CITY Once the City is aware of the improvements being made on City property the City is put in the position of sharing liability if anyone is injured or killed as a result of the existence of these improvements, e.g. a youth riding his or her bicycle off a retaining wall or into a building. Municipalities are often named co-defendants in law suits because of their "deep pockets". ALTERNATIVES• 1. Require that all improvements, including structures and retaining walls, be removed by those persons making the improvements. 2. Take no action. 3. Allow some or all of the improvements to remain provided that the subject property owners acquire levels of liability insurance to protect the City in the event of -Itgati.on�__ and require that each property owner sign a hold harmless agreement with the City absolving the City of all liability in the event of litigation. STAFF RECOMMENDATION: Staff recommends alternative Wl for the reasons discussed above. ACTION REQUESTED: Move to order all property owners of the above-mentioned properties to remove all improvements they have made on City property adjacent to their properties within 30 days. G CITY OF SHAKOPEE ' INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE. MINNESOTA 553791376 (612)44521M G August 1, 1988 Mr. Nelson 1162 Limestone Shakopee, MN 55379 Dear Mr. Nelson: It has come to the attention of the Shakopee Community Development Department that you have extended your backyard beyond your rear property line onto public property. The City of Shakopee has improvements planned for this land in the future, for both drainage and as a park. Any improvements you have made which encroach on area planned for City projects will be moved. Also be aware that the land you have improved, which is public land, may be used by the public. The storage shed located on nark land must be moved onto vour lot with a five foot setback from vour rear and side vard property lines, as required by City Code. If you do not remove the storage shed within thirty days, . the city may remove is from it's own property. if you have any questions please contact me at 455-3650 between the hours of 9 : 00 A.M. and 1: 00 P.M. Resp tr/{- Rick Paulseth -- Code Enforcement The Heart of Progress Valley A EQUAL OPMATUHTY EMPLOYER . 1 CITY OF SHAKOPEE • T ' INCORPORATED 1870 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379-1376 (612)445M50 1 August 2,_ 19SB --- Darrell Dale 1128 Limestone Shakopee, MN 55379 Dear Mr. Dale: It has come to the attention of the Shakopee Community Development Department that some If the residents on Limestone Drive abutting park land have extended their backyard beyond their rear property line onto public property. The City of Shakopee has improvements planned for this land in the future, for both drainage and as a park. Any improvements made by property owners abutting the park, which encroach on area planned for City projects will be moved. Respectfully, Rick Paulseth Code Enforcement RP:tw The Heart Of Progress Valley AN EOW L OPPDXTWTY EMPLOYEA X l CITY OF SHAKOPEE INCORPORATED 1870 1 129 EAST FIRST AVENUE,SHAKOPEE,MINNESOTA 55379-1376 (612)445-3650 /A August 2 , 1988 Robert Wolf 1120 Limestone Shakopee, MN 55379 Dear Mr. Wolf: It has come to the attention of the Shakopee Community Development Department that some of the residents on Limestone Drive abutting park land have extended their backyard beyond their rear property line onto public property. The City of Shakopee has improvements planned for this land in the future, for both drainage and as a park. Any improvements made by property owners abutting the park, which encroach on area planned for City projects will be moved. Respectfully, Rick Paulseth Code Enforcement RP:tw The Heart Of Progress Valley AN EWAL OPG RWWTY EMPLOYER lob MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Heavy Duty Air DATE: August 8, 1988 INTRODUCTION Attached is the background information on Heavy Duty Air, which lead to our Departments decision not to refund their certificate of occupancy fee. BACKGROUND It is the owners contention his people were. in the building setting up equipment the night we conducted the suprise inspection. It is our position this constitutes occupying a building prior to obtaining a temporary certificate of occupancy. The intent of the ordinance is to insure that all life safety items are complete before anyone occupies a building. The life safety and sanitation items were not complete at the time Heavy Duty Air was working in the building and again, we say working in the building constitutes occupying the building. The owner was in my office on 8/8/88 and apprised me that I should not be shocked when he goes to the Council. He also indicated that the inspection department broke into his building for the inspection. Section 202 (c) of the State Code specifically authorized right of entry for the duly appointed inspectors. Council has to decide whether or not the certificate of occupancy fee should be refunded. The Inspection Department has recommended no refund. Council should realize that this is the second time they were working in the building after being informed that they were in violation. ALTERNATIVE 1. Keep all of the certificate of occupancy fee. 2. Refund a portion of the certificate of occupancy fee. 3. Refund all of the certificate of occupancy fee. RECOMMENDATION i recommend we keep the entire certificate of occupancy fee. ACTION REQUESTED Have Council move not to refund the certificate of occupancy fee for Heavy Duty Air due to their occupying the building prior to final inspection. LH:cah Attachments MEMO TO: John K. Anderson, City Administrator FROM: LeRoy Houser, Building Official RE: Certificate of Occupancy Fee for Heavy Duty Air - 4500 Valley Industrial Blvd. DATE: June 29 , 1988 At 9: 00 p.m. June 28, 1988 , Fulton and I conducted a surprise inspection of the Heavy Duty Air facility. We suspected they were occupying and manufacturing in the building without first obtaining final inspections and the certificate of occupancy. The inspection confirmed this. The owner was advised of the penalty two weeks ago (loss of the C.O. fee of $4,575. 00) when he allowed his leasee in the building with their equipment. He chose to ignore my instructions. He has been officially notified as of this date to vacate the Premises until the certificate of occupancy has been issued. Also, he has been notified he has lost his certificate of occupancy deposit. LH:cah . 1 CITY OF SHAKOPEE r ' INCORPORATED 1870 • 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 553794376 (612)«53650 �^ C' June 29, 1988 Mr. David Dnistran Geo. Grant Const. Co. 831 Como Ave. St. Paul, MN 55103 Re: Permit No. 7790 - Heavy Duty Air Dear Mr. Dnistran: We regret to inform you that you have forfeited your certificate of occupancy fee for the above permit. You have permitted occupancy of the Heavy Duty Air building and manufacturing in same without benefit of final inspection and temporary certificate of occupancy. You were instructed by me three weeks ago that you would be permitted to occupy the building as soon as the final was done on the plumbing system, electrical and fire suppression system. After these life safety items were completed we would issue a temporary certificate of occupancy. - You were also informed if you occupied or permitted anyone to occupy this building you would lose your certificate of occupancy fee. Any further violation of the certificate of occupancy ordinance will result in the matter being turned over to the City Attorney for prosectuion. If you have any questions, do not hesitate to call me. Sincerely, LeRoy Houser Building Official - LH:cah The Heart Of Progress Valley FN EOWL OPP09NNIiv EV PL O SEP Building Permit No. Certificate of Occupancy Fee Purpose The Shakopee City Council has enacted the Certificate of Occupancy charge to 1) assure the completion of all construc- tion work within the City within a reasonable time frame (6 months) ; and 2) facilitate completion of all required inspections prior to the building being occupied. C.O. Charge The following C.O. charges have been adopted by the Shakopee City Council. Commercial/Industrial . 005 times the value of the project, or $500. 00, which- ever is greater. Residential . 005 times the value of the project with a $500. 00 maximum. (908 of the fee shall be refunded when a final certificate of occupancy is issued. ) Penalty: The total C.O. fee will not be refunded in the event the building is occupied without benefit of a final Certificate of Occupancy or a temporary Certificate of Occupancy. A portion of the Certificate of Occupancy may be charged against "reinspection fees" at the rate of $45. 00 per reinspection. I, the undersigned, acknowledge and agree to the conditions stated for the Certificate of Occupancy charge. em Applicant % .,,=/w;. Date: 7 7-,�� MEMO TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Robert Vierling Correspondence Dated 8/8/88 DATE: August 10, 1988 INTRODUCTION Robert Vierling submitted correspondence to Council dated August 8, 1988, reference second impersonation of a law-officer by weed checker, Howard Jones. BACKGROUND Robert Vierling alleges the Code Enforcement Officer is functioning beyond his scope of authority. Attached is a copy of City Code 222 which specifies the duties and powers of the Code Enforcement Officer. The Public Works Director states that his department has not contracted to have the weeds mowed on the Vierling property. It is our understanding that former City Engineer, Ken Ashfeld, contacted the Weed Inspector, Joe Mans, to have the weeds cut on the property as soon as possible. Joe Mans directed the weed mowing contractor, Richard Raley, who mowed the property on July 29 , 1987. Contractor Steve Hentges was invoiced by the City on August 25, 1987, for the service. On June 10 and July 12, 1988, Robert Vierling was sent weed notice violation documents by the current weed inspector and no action was taken by Robert Vierling. Due to the many letters directed at various City staff members, Robert Vierling' s letter dated March 25, 1988, stated that he would personally take Howard Jones to jail for trespassing if he was on the property without a warrant. Robert Vierling has posted the property with "no trespassing" signs. To avoid a confrontation the weed inspector requested Howard Jones to issue an ordinance violation notice to Robert Vierling. Howard Jones verified the violation and issued the notice as authorized by Ordinance 222. TB:cah MEMO TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Robert Vierling Correspondence Dated 8/8/88 DATE: August 10, 1988 INTRODUCTION Robert Vierling submitted correspondence to Council dated August 8, 1988, reference second impersonation of a law-of£icer by weed checker, Howard Jones. BACKGROUND Robert Vierling alleges the Code Enforcement Officer is functioning beyond his scope of authority. Attached is a copy of City Code 222 which specifies the duties and powers of the Code Enforcement Officer. The Public Works Director states that his department has not contracted to have the weeds mowed on the Vierling property. It is our understanding that former City Engineer, Ken Ashfeld, contacted the Weed Inspector, Joe Mans, to have the weeds cut on the property as soon as possible. Joe Mans directed the weed mowing contractor, Richard Kaley, who mowed the property on July 29 , 1987 . Contractor Steve Bentges was invoiced by the City on August 25, 1967, for the service. On June 10 and July 12, 1988, Robert Vierling was sent weed notice violation documents by the current weed inspector and no action was taken by Robert Vierling. Due to the manv letters directed at various City staff members, Robert Vierling' s letter dated March 25, 1988 , stated that he would personally take Howard Jones to jail for trespassing if he was on the property without a warrant. Robert Vierling has posted the property with "no trespassing" signs. To avoid a confrontation the weed inspector requested Howard Jones to issue an ordinance violation notice to Robert Vierling. Howard Jones verified the violation and issued the notice as authorized by Ordinance 222. TB: cah - (4' e- ORDINANCE 4222 - Fourth Series An Ordinance of the City of Shakopee, Minnesota Amending the Shakopee City Code Chapter 2 Entitled "Administration and General Government" By Adding an Additional Department to Sec. 2.37 Entitled "Code Enforcement Officer" and By Adding a New Subdivision to Sec. 2.37 Detailing the Duties of the Officer and Empowering Him to Issue Citations For Violations and By Adopting By Reference Shakopee City Code Chapter 1 and Sec. 2.99 Which, Among Other Things, Contain Penalty Provisions THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I: CODE ENFORCEMENT DEPARTMENT ESTABLISHED A Code Enforcement Department is hereby added to those departments listed in Section 2.37 and is under the supervision of the Code Enforcemett Officer. SECTION II: SPECIFIED DUTIES AND POWERS OF THE CODE ENFORCEMENT OFFICER The Code Enforcement Officer shall enforce all provisions of the City Code and is hereby empowered to issue lawful citations to violators in lieu of arresting violators and the Code Enforcement Officer shall Perform such other and further duties as the Council may from time to time specify. SECTION III: -GENERAL PROVISIONS ADOPTED Shakopee City Code, Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penaltv for Violations" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. =,SECTiON'Iy: WHEN IN FORCE AND EFFECT After the adoption, signing and attestation of this Ordinance, it shall be published once inthe 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 bjn. fly,, session of the City Council of the City of Shakopee, Minnesota held this .`I+c� day of, w ,?216o7 (1 877. / 16 ��.�n4JfJ ATTEST: �� t Mayor of-the Cit} of hakopee ' j City Clerk Prepared and approved as to form this� 21s((yy..dd�1��y of�7 duly 1987 �t31--I� �— 2. As I told Estill, alleged City Attorney employee, if I ever catch Jones on my property again without a warrant T _will personally take him and march him right up to the Jail xor trespassing. He has no r ght on that property unless he is called there b the owner of the ro ert or unless there is a life threatening situation This for your information is also a state statute. I hope you've got this all clear so far because there's a lot more to come. I see you still haven't apologized for the lies you had printed in the Shakopee paper in a police report that stated I had trash and garbage in nay house, and you were even told it was a lie to start out with. You haven't apologized either for the fact that it wasn't my dogs that were barking (until your police officers prowled early, in the a.m. around nay house) when in fact, it was a dog from the Rien residence on the corner of Sommerville and Third. This dog barks all night, tips over garbage cans, is in my yard aggravating my dogs, and has chased and bitten people of the streets, but still you've done nothing about that. Your Assistant John DuBois's Uncle, who lives right next to me who's kitchen faces my yard, can tell you more menacing details of how the Rien dog (a red Irish Setter) is. I suggest that before you do any more lying, you have enough backbone to check with Bucky Cavanaugh and his wife, and Dick Nead and his wife (neighbors) on these facts, then I'll expect an apology. You started this personal vendetta with me which cost me the life of a rare and valuable dog, cost me a considerable amount of money, and put a lot of pressure on me with my friends and business associates . Now, seeing that you are a public servant and by law of the Freedom Act, I am requesting information I'm seeking from your office. I've heard complaints that some of your officers, after having people handcuffed, get a little rough with them. Is this true? I also hear that some of your officers have been very rude to :some of the older people that they stop for alleged violations. Is this true? Due to these last two concerns listed, I am demanding the names, badge numbers, salaries, and years of service, of each officer on your force. I also want a copy of your complete resume and qualifications that you submitted for your so-called job as Chief of Police of Shakopee. I've also heard from good authority that you only took this job so that you could use it to fill in the rest of your time until retirement. We dont need a little Napoleon in Shakopee as Chief Of Polices we need someone who's going to make a career of it and see that the policy of "To Serve - To Protect" pertains to the Citizenry of Shakopee, not to himself+ and his career! As for My qualifications for carrying a gun, I have just re- ceived a 30 year commendation from the DNR of Minnesota for Fire- Arms Safety Training. This is only one of the instructorships I havg. to � Mr. Robert F. Vierling 221 E' Fourth Avenue Shakopee, Minnesota 55379 - Shakopee City Council & Mayor - 129 East First Avenue Re , 2nd impersonation Shakopee, Minnesota 55379 of law officer by Weed Dear Council and Mayors Checker Howard Jones, On 7/27/88, I received a citation regarding the weeds on my property. Howard Jones wrote this citation, interest- ingly enough, on a traffic ticket form, thereby impersonating an officer of the law. To my knowledge, Mr. Jones is not a law enfocemet aken no did thisrformncome ffrom?aAnother tharrassmenthper: Browneas such. ll re ? I would like to note the followings 1. Mr. Jones is not a duly sworn officer of the law. unoth- ing to do with the supposed weed violation. 3. He has the weed charge listed as "committing an unlawful offense" . 4. "Weeds" was spelled right on the citation butthe(wordrfollow- ently someone told him how to spell it) , ing is totally unreadable. Slurred, I suspect, on pur- pose because he couldn't spell it - whatever it is . 5, Jones signs himself as a duly sworn police officer - a gross misrepresentation. 6. Several people have attempted to translate my Court date. No one can decipher it with any certainty, but I suspect v it's August 15th or the 25th. Do you want your choice? 7, Also, to make this citation legal, it would have to have been signed by me upon his personally issuing it. Since it was mailed, and not handed to me personally, it isn't legal. Once before Jones impersonated an officer by falsifying an ICR report through Brownell's office. I have a copy of this for your perusal also. Last year, I broke my riding mower trying to cut the lot that is overgrown due to the failure of the City of Shakopee and Hntes condition priors tog the acriminald Sons ttrespass e original and destructionof property . The City, admitting their part--:in this criminal ttrespass, hiret thei elling me thatdtheyw uldc straighome in ten out thed cut it matter,• butexpenothing as yet has been done. 2. This year, I again tried to mow and broke the mower. I have the repair bill as proof of the attempt to fix the mower, which was not entirely successful. I will expect the City of Shakopee to pay for both breakages on the mower and the perma- nent repair on it, for which I will bill you later. This situation with Jones has continued to harass me in every way possible. The situation with this lot and this Court appearance had better be cleared up before the day arrives, or the Mayor and the City Council will be subpeonaed to appear with me as my witnesses . I am very capable of suing for postponement of the Court date, and doing precisely this, if something isn't done before before the approaching time. If the City of Shakopee cannot straighten out this matter, I will expect a commitment in writing, from all Council members , and Mayor, to appear as witnesses on my behalf with the truth, as will three other proposed witnesses . I do not feel it is necessary to write further since you have enough previous correspondence to prove Jones' harrass- ment. In short, call o& your dog (Jones) or be prepared to be subpoenaed for Court appearances . S/inrerely, Obert F. Vierling FROM: Shakopee Police Dept. NO. TO: Scott County Court fl Shakopee, MN 55379 C, The undersigned, being duly sworn, upon his oath deposes and says: ---1„ On ('a --Z7 Z4f L at /4'Y5- A.M./P.,M' T-/�/�c/'1 oN - NAME: _ /'.� .✓% !l, - ;, r : ADDRESS: 3 DATE OF BIRTH: DRIVER' S LICENSE / -�L AGR ? AUTO LICENSE NO. i did unlawfully commit the following offense: CHARGE: LOCATION OF VIOLATION: I OFFICER'S SIGNATURE: „ 7,1 COURT APPEARANCE: I promise to appear on the above date and time at the Scott County Court House, 428 South Holmes St. Shakopee, MN. ' DATED: 7-�7?Cf� Z14�/4- iod MEMO TO: John E. Anderson, City Administrator FROM: Dave Hutton, City Engineer`N../ SUBJECT: Interim Highways 101/169 Intersection Improvements DATE: August 10, 1988 INTRODUCTION: On July 26, 1988 a public meeting was held to discuss interim improvements to the Hwy. 101/169 intersection. At that meeting, many of the downtown businesses gave Council their views on the proposed improvements, but no action was taken by Council because one member of the Council was absent. BACKGROUND: On July 5, 1988 staff reviewed with Council several proposed alternatives for interim improvements to the Hwy. 101/169 intersection. The improvements discussed included closing Holmes Street to through traffic, eliminating parking on 1st Avenue, restricting left turn movements on lst Avenue and the alleys and providing a full right turn lane at Brambilla's. Attached is the staff memo discussing the alternatives in greater detail. Also attached is a report from the Chief of Police Council decided to hold a public meeting to discuss these proposed improvements with the downtown businesses prior to taking any action. On July 26, 1988 the public meeting was held and testimony was heard from many businesses regarding the impacts of the proposed improvements on their property. Since the full Council was not present, no action was taken at the July 26, 1988 meeting. Staff was directed by Council to bring this item back for discussion and action at the August 16, 1988 meeting. Representatives of Mn/DOT and the Shakopee Police will be available at the Council meeting to discuss their concerns and answer any questions. Staff has also notified all persons who attended the public meeting that this item will be on the August 16, 1988 agenda. The proposed improvements would consist of the following alternatives: • Closing Holmes Street to through traffic • Eliminating parking on 1st Avenue between Lewis and Fuller, either all parking or some of it • Restricting left turns .into Holmes Street from 1st Avenue Intersection Improvements August 12, 1988 Page 2 • Restricting left turns into the alley behind City Hall • Adding a right turn lane at Brambilla's ALTERNATIVES: 1. Discuss the various levels of improvements and decide what type of interim improvements would benefit the overall community. 2. Implement the improvements on a "trial basis" for the remainder of this years season. 3 . Request staff to explore other alternatives with Mn/DOT. 4. Based on the public discussion, reject all proposed improvements and leave the situation as is. (Do nothing alternative) RECOMMENDATIONS: As a minimum, staff recommends that no left turn be permitted into Holmes Street (going south) or into the alley behind City Hall (going east) . The closing of Holmes Street to through traffic may seriously overload Lewis and Fuller Streets, as well as having a negative impact on businesses on Holmes Street. In addition, newly constructed nodes on Holmes Street may hamper turning movements if an island were constructed to prohibit through traffic. The elimination of parking on 1st Avenue will definitely improve the traffic flow through this intersection. This would help Shakopee commuters in getting to and from the Metro area north of the river. There is also no question that eliminating the parking will have a serious negative impact on the businesses along 1st Avenue. The extent of this impact can only be speculative at this point. From strictly a safety standpoint, the parking should be eliminated on 1st Avenue as stated in the Police Chief's memo. The Council should carefully weigh all of these factors: improved traffic flow, impacts on businesses, increased safety, before making a decision on the elimination of parking. Based on all the facts as well as the testimony given at the public meeting, staff recommends that the left turn restrictions discussed above be the only improvements implemented. Intersection Improvements August 12, 1988 Page 3 ACTION REQUESTED: Discuss the overall benefits of the proposed improvements versus the negative impacts on the downtown businesses and decide which improvements are justified. DH/pmp IMPROVEMENTS MEMO TO: John K. Anderson, CityAdministrator FROM: David Hutton, City Engineer SUBJECT: Interim Highways 101/ 169 Intersection Improvements DATE: June 27 , 1988 IRTRODUCTIOR: Staff would like to update City Council on recent discussions with Mn/DOT regarding interim improvements to the Highway 101/169 intersection. BACKGROUND: At the May 17 , 1988 meeting, the City Administrator provided City Council with a status update on discussions with Mn/DOT regarding the subject intersection improvements. At that time , the major thrust by the City was in trying to get Mn/DOT to create additional traffic lanes on the bridge to improve the overall __ rf; c flow at that intersection. Due to the costs involved with this proposal (approximately $400,000 - $500,000 ) versus the length of time the improvements would benefit the community (�Z-4 years) , City Council decided not to pursue that particular course of action. Council then instructed staff to continue to meet with Mn/DCT to come up with other , less costly, alternatives for providing temporary improvements to the traffic 'low at the 101 / 169 intersection until the new bridge is constructed . - Possible Intersection Improvements Staff has met t- Mn/DCT to explore alternative ways to improve the traffic flow ac that intersection. In addition, Mn/DCT has analyzed each alternative to determine the effect of each on the traffic flow . Tne following levels of improvements were explored : Level 1 Close Holmes Street permanently or allow right turns in and right turns out of Holmes, but prohibit straight thru traffic ( See Attachment A) . This is the condition that has existed for several weeks during the current downtown construction, so Mn/DOT was able to take actual traffic counts and compare them to counts taken last fall. Based on this data, the closing of Holmes Street improved the characteristics of the intersection by 18' . This is based on the total critical volume , which is around 1700 vehicles during normal -,-a_=ic . When Holmes Street was closed , the critical intersection improvements June 27 , 1988 Page 2 volume dropped to 1400 . By closing Holmes Street, there is more "green time" to give to the remaining 3 legs of the intersection. Level 2 Prohibit parking on 1st Avenue for both sides of the street from Lewis to Fuller , (See Attachment B) one block in each direction from Holmes. This would enable 5 traffic lanes to be created on 1st Avenue, which would enable a number of additional movements to be made. a) P. double left turn would be permitted for eastbound traffic going onto the bridge. - b) Westbound traffic would have one thru lane and one right turn only onto the bridge. ' c) A double . left turn off the bridge onto eastbound 101 would be created . These improvements would be in addition to the Level 1 improvements. Mn/DOt traffic engineers have estimated that if both Level 1 and Level 2 improvements were added , the critical volume would drop to 1130 or an improvement in traffic flow of 34< Another option would be to add parts of this alternative depending on where eliminating parking would be most desirable. Level 3 Add a full width right turn lane coming off of the bridge to permit additional traffic stacking for this movement ( See Attachment C) . This improvement would be added to the first two levels. This improvement will result in additional right-of-way acquisition to construct the necessary lanes. Mn/DOT has estimated that at this level of improvement, the critical volume would decrease to 950 or an improvement of 45f . (Based on all 3 levels behind implemented ) Level 4 Restrict left turn movement off the bridge into the alley behind City Hall or close the alley completely. This improvement could be used in conjunction with all of the above alternatives. No estimate or the percent of improvement to the intersection could be determined by Mn/DOT, but the general Intersection Improvements June 27 , 1988 Page 3 consensus was that this would help alleviate traffic backing up on the bridge due to a vehicle waiting to make a left turn into the alley. Pro iect Funding Project cost for Levels 1 and 2 would mainly consist of restriping lanes , additional signs , temporary islands and possibly additional signal modifications to accommodate double left turns. Mn/DOT has estimated these costs as follows: Restriping, signs, and islands $ 5 ,000 - $10,000 Signal modifications 5 3,000 - $10 . 000 Total Cost $13,000 - $20 ,000 Mn/DOT has indicated that they would provide funding for any restrioing , signs or temporary islands , but that any .signal modifications would be a City expense. Project costs for providing an additional right turn lane were not calculated because staff felt it was not feasible to purchase additional right-of-way for an interim improvement. Alternatives: 1 . Discuss the various levels of _*rovement and de what type of Interim community. improvements would best bene`ii the overall 2. Hold a ,Public hearing on -t a minimum discuss the impacts of closing Holmes Street ander eliminating parting on ?s` Avenue with the downtown businesses. This could possibly be coordinated thru the Downtown Committee. 3. implement the improvements on- a " trial basis- for the remainder cf this year' s tourist season and then decide if they should be implemented permanently unt-1 the bridge and mini bypass are completed. Request staff to explore other alternatives with Mn/DOT- Do .Nothing. P.ECOMMENDATIONS: Staff recommends Alternatives 1 , 2 and 3, to discuss all of the potential improvements, decide which improvements are beneficial for the interim, hold a meeting with downtown businesses to receive their input and implement the imp,ovements on a - basis through the reminder of the season. trial Intersection Improvements June 27 , 1988 Page C ACTION REQUESTED: 1 . Discuss the overall benefits of the various levels of improvements and decide which alternatives would be justified . ' 2 . Authorize the appropriate staff to either schedule a public hearing for the improvements for the July 19 , 1988 meeting or schedule an informal meeting with the downtown businesses to discuss the proposed improvements and recieve their input. DH/pmp INTERSECT i K m Biz 1 --a t -1 " L a 2 -5-BLK BIT D I -S-BRI 2-S-SLK I \ 2 -S-BRK BIT 7-7 �I II mr HOLM_S S I r.__ I - -;M 2-�-ST 1 U A .� •16S .D p D BIT S7 S-BRK II t_c 1FORRT-7-CO T- 0 �. z d BIT II (viJ1 02N �I �. I HARDxkR: i - --S-BRK i�i2 -53RICK aka � '' �- BkK77Y � AiL=kILY •120 2 -S-BR ICK; 2-S-BZK/BRK IKn- =0F,-Fp'S koL-� BAR I� ? -S-BRK I 2 i-'c RK -� I 2-5 -BRICK LIR O _ j 2-SSRK a-BRK VFW.-S_� ai37•1DS I -S -STUCCO ATTA0HMF' NT o BIT - rrII I u 2 -5-3'_K bI7 I I i -S -SRS 3 2 -SLK = � SIT 2 -5-'RK M HOLY=S STRE=T - r7 lai n-inni II� a:7 l DUR DRQ 112 -c� zkF; i C =7T `120 2'S- .'..Y✓Rnn Ih� RDI-=.'s III J CA "� -j R'=1 h .I iii' I I� .J I � Ahh:=S 3An 13An la i� . 1_Az;L: °u 77R ' ip o I _ JB77 e-s-BRY, I. I� I i I ►I YrY `lI2 -S7 _ i -SARK �9 I l l l -t CD'LN Y II: `— �7C/! `iDtI -S -STUCCO > A 7A ( ., NA7NiT r, -y 577, B T I Ill 2 —S—B-LK I�I � I \ c: HOLM=S STP,==T `IDS ltQrcT—T-cD p II lz -s -ails ' �a= xz II F � o � 2_c �� K/-cnn _,. �D!icr•S In I - ti I � I^ 14 -tz— RK I ARK I iI!1 I Y ;K 2 -5-3Ri:^� , 1 ?T < C_ORx �Ilz —c_�� � I —S ARK I -s—3RK I I careT 2 s r .��, 11 '137 II� »Icy `7D4 +. -S -STUCco -s I ATTACHMENT B —✓ -Rf.�H�_'LIfJ_S / //N Nne'�L -oG?GT RS {�G/_1_L77 7-f` '7 7-70 0— //6 its ST- ji is i I i ii MEMO TO: Mayor, Councilmembers FROM: Tom Brocmell, Chief of Police RE: First Avenue Traffic DATE: August 10, 1988 INTRODUCTION The Police Department has been requested to comment on the current alternative to improve the flow of traffic in the area of First Avenue and Holmes Street. BACKGROUND The departments comments are based on consideration for the entire community, such as the downtown business establishments, the citizen commuter, residents daily usage and the entertainment industry. We are also effected by a large number of commercial and transient traffic who use the roadway. It would seem appropriate to implement a plan which would improve the flow of traffic for the majority of the users. The most important factor the department considers is the safety of motorists and pedestrians. The department does not maintain accident data on First Avnue as it is a State Highway serviced by the State Patrol. Most local users find it prudent not to park on First Avenue as they risk damage to their vehicles and expose themselves to imjury when exiting the vehicle. The exposure of injury to pedestrians is increasing due to motorist frustrations of waiting in long lines of traffic. Intersections are blocked so that north/south traffic cannot cross First Avenue. RECOMMENDATION The department recommends eliminating parking on First Avenue and prohibiting a left turn onto Holmes Street from First Avenue. TB:cah 10 d 19kegIVIA-) WIM.CT r -rllf /F,.,o X#Sf �_ —_- _ _J1a�IL -___ - _--flTwoD1J-no ..SonNrrs✓vies¢-- __�TA� mm r✓ -- I/• moor- - --� l - - - --1 .2- - MEMO TO: John K. Anderson, City Administrator, FROM: David Hutton, City Engineef�? SUBJECT: Dust Control DATE: August 10, 1988 INTRODUCTION: Staff would like to update City Council on dust control measures. BACKGROUND: At the August 2, 1988 Council meeting, several residents living adjacent to the Meadows Subdivision expressed concern over the amount of dust being created due to the construction and extremely dry summer. Council directed the developer to install silt fence along 11th Avenue and to water 11th Avenue twice a day to control the dust along that portion of the subdivision abutting existing homes. Staff would like to inform Council that the silt fence has been installed. Also, the contractor is watering 11th Avenue twice per day unless it rains or if the ground is damp from previous rains. They are also going to be finishing the grading and will hopefully be seeding the entire site within the next 30 days. The Prairie Estates subdivision will be utilizing the same dust control measures as the Meadows Subdivision. Council also directed staff to contact the Scott County Soil Conservation District to find out if there were any other dust control measures that could be utilized for future subdivisions. The following measures provided staff by the Soil Conservation District: • ' Watering • Silt fence/snow fence. Snow fence is actually better for dustcontrol because of the openings. Silt fence is a solid plastic fence which creates an updraft. Silt fence is better for water erosion. To adequately control dust, the fencing should be spaced about every 50 feet. • Vegetation. Don't strip the entire site of vegetation if at all possible. Leave strips of grass or as much undisturbed area as possible. • Jute Matting. This is used in conjunction with a mulch and will hold everything in place. Should not be used if under vehicles or heavy equipment. • Seed and mulch site as quickly as possible. Dust Control August 10, 1988 Page 2 • There are several dust control additives on the market. One is called "Soil Seal" which is a latex copolymer. This is sprayed on the site at a rate of 50 gallons per acre and will control dust for 2-3 months. It will break down sooner under traffic or heavy equipment. Fairly expensive ($10. 00 per gallon or $500.00 per acre) . Attached is a USDA Soil Conservation Service "Fact Sheet" regarding dust control measures. Staff also inquired about using calcium chloride, which is used quite often to control dust on gravel roads. Due to its adverse affects on vegetation growth, it is not recommended for areas that will be seeded or sodded. Basically, it appears that watering, silt fence/snow fence or leaving vegetation on the site as long as possible are the most effective and economical methods of controlling dust. RECOMMENDATION: Staff recommends that the current erosion control ordinance be revised to include dust control measures and possibly incorporate several of the items discussed above. The ordinance should also cover enforcement and possible fines for violations. Council may wish that the Planning Commission review the rough draft of the ordinance, before submitting it to Council with a recommendation. ACTION REQUESTED: Direct City staff to revise the erosion control .ordinance to include dust control measures and to have the ordinance approved before the next construction season. DH/pmp DUST United States 11i Department of /0 Dust %Contrcl �.--_�J- Agriculture FACTSOIL SHEETCONSERVATION ENG-6 November 1987 Intent This Fact Sheet is not intended to replace the information contained in the Soil Conservation Service Technical Guide. It is intended to provide general information on this practice. Reduce or prevent surface and air movement of dust from exposed soil Purpose surfaces during land disturbing, demolition and construction activities.This may also be termed wind erosion control.The less soil exposed at one time, the less potential for dust generation. Temporary mulch or temporary seeding may be applied to open soil to Temporary minimize dust.Chemical mulch binders may be used instead of asphalt to Alternatives information.on Small stockpiles could berdcovered completely with plaston mulching and seeding ic ore c o canvas. Barriers such as snow fences,commercial wind fences, large mesh geotextile fence and similar materials can be used tc control air currents and soil blowing.Barriers placed at right angles to prevailing air currents at intervals of about 10-15 times their height are effective in controlling blowing soil. Tillage roughens the surface and exposes clods.This should be done loewos, _ m erg e ncy soil blowing starts.Begin tillage on windward side of site.Chisel-type p Alternatives richmayproducethedesiredeffect..Rid hmachineryment are examples of gesshould beatariightangle tthe prevailing wind directions. inkled Te Thews much l y irrigated or s a less than dry s needed o control dust truck. Moist soil The ground maybe covered permanently with vegetation, stone, Permanent or concrete to prevent wind erosion. See the SCS standard for seeding.for more Alternatives information on permanent vegetative cover. Maintenance All dust control measures require periodic and diligent maintenance to be effective. Repairs should be made as needed. For More Contact the local Soil Conservation Service(SCS)or Soil and Water Conservation District(SWCD)in your county.The Minnesota SCS Information Construction Specificatioeratonshave heSeedmgr Sprigging,and Mulching formation. -,pollution Control" discusses sequencing operations. Protective Cover" (#6)discusses temporary vegetative protection. "Water or Construction"(#10)mentions use of water for dust control. Standard Construction" Tillage in the Technical Guide describes tillage for wind erosion control. 'his fact sheet was produced by the Soil Conservation Service in cooperation with Soil and water Conservation Districts in dinnesola) ori n.refgion,sea. All programsandservicesol the Soil Conservation Service are otleretl on enoMisaiminalory Dosis.wilMWregard rorace.color.nalionei 9' age,mental status,or hanEicap. MEMO TO: John K. Anderson, City Administrator FROM: David Hutton, City Enginee / SUBJECT: Hwy. 101 Shakopee Bypass DATE: August 12, 1988 INTRODUCTION: This memo addresses a contract extension for Orr-Schelen-Mayeron for performing the drainage design of the State Trunk Hwy. 101 Shakopee Bypass Project. BACKGROUND: At the August 2, 1988 meeting, staff informed Council that Mn DOT requested the City's assistance for designing the Shakopee Bypass. Mn/DOT has requested that the City spend the one million dollars commitment for the following design consultants: 1. Roadway Design for 6 crossroads 2. Bridge Design for same 6 crossroads 3. Drainage Design Attached is a letter from Orr-Schelen-Mayeron indicating that they will perform the hydraulic analysis and drainage design for an estimated cost of $31,500.00. The scope of services outlined in their proposal was reviewed and approved by Mn/DoT. The estimated cost of $31,500.00 does not include preparing the detailed plans because at this point, until the hydraulic analysis is done, there are too many variables involved to determine the exact sizes of pipes, elevations, etc. Once the hydraulic analysis has been completed, OSM will submit another contract extension to the City for preparing the detailed construction plans. ALTERNATIVES: 1. Approve of the contract extension to OSM for $31,500.00 to perform the design work for the Shakopee Bypass as described in the attached scope of services. 2. Deny the request. RECOMMENDATIONS: Staff recommends Alternative No. 1. OSM Contract Extension August 12, 1988 Page 2 ACTION REQUESTED: Move to authorize the appropriate City staff to notify Orr- Schelen-Mayeron & Assoc. , Inc. that their proposal to perform drainage design work for the Shakopee Bypass at a cost of $31,500.00 is acceptable and to execute a formal extension agreement for same. DH/PMP CONTRACT sdiekn 2021 Fast Hennepin Avenue Minneapolis,MN 55913 612-331-9660 FAX 331-3806 Engineers su.Y.M Planners August 12, 1988 Mr. John K. Anderson City Administrator City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Re: Scope of Engineering Services Associated with Preparation of a Hydrologic Design Report For the State Trunk Highway 101 Bypass Project Dear Mr. Anderson: Outlined below please find the scope of services for the referenced project for the section from one-half mile west of County State Highway 15 easterly to the inter- section of County State Aid Highway 16. SCOPE OF SERVICES A. Complete all hydrologic analyses necessary to begin final design of the storm sewer associated with the State Trunk Highway 101 bypass project. These analyses will include reviewing and analyzing the drainage areas tributary to the highway right-of-way from upstream areas as well as providing required analyses to design the specific State Trunk Highway 101 bypass roadway stormwater conveyance system. The design report will also include an update to previously completed reports to provide specific hydrologic information relative to the newly designed Highway 101 bypass conveyance systems. B. Identify the location of all easements that need to be acquired as part of this project. The location of all easements that need to be acquired in order to convey storm+ater runoff either through the highway right-of-way or to carry water from the highway to the trunk drainage systems within the area will be identified. Consideration will be given toward not only conveyance easements but also the possible need for additional ponding easements in order to meet regulatory agency requirements. (The preparation of the actual easement descriptions would not be included as part of this work effort.) Page Two r Mr. John K. Anderson August 12, 1988 C. Prepare a Water Quality Management Plan that would define the level of treat- ment required for stormwater management within the City of Shakopee and as necessary to treat stormwater from the State Trunk Highway 101 bypass project area. Specific design requirements for sedimentation/treatment ponds will be established and a limited amount of non-point source runoff modeling will also be included to establish existing and anticipated pollutant loadings from the drainage area as requested by the Minnesota Pollution Control Agency and Metropolitan Council . As part of this work effort, 50 hours of project management time have been allocated to review the various aspects of the design report and respond to questions and suggestions posed by the City, the Minnesota Pollution Control Agency, and the Minnesota Department of Transportation. The cost associated with completing this design report is estimated at $31,500. This design report could be completed by November 15, 1988. Selected portions of this report would be reviewed by the City and other appropriate agencies when sections of the report are finished, or whenever feedback from the City or other agencies is necessary. The work effort associated with the final design of the hydrologic systems cannot be provided at this time due to the difficulty in establishing the specific scope of work. It is recommended that at the time this design report is submitted and the scope of work associated with the design is more clearly defined, that an agreement then be developed for completion of the design services required for this activity. Sincerely, ORR-SCHELEN-MAYERON i ASSOCIATES, INC. Peter R. Willenbring, P.E. r\ Manager, Water Resources Departmentt ��� John P. Badalich, P.E. Vice President PRW/JPB:mlj CONSENT MEMO TO: John K. Anderson, City Administrator FROM: LeRoy Houser, Building Inspector SUBJECT: Huber Trail Park Project No. 1987-15 DATE: August 11, 1988 INTRODUCTION & BACKGROUND: Attached is the Partial Estimate Voucher No. 2 for the above referenced project. ACTION REQUESTED: Council authorization to pay Partial Estimate Voucher No. 2 in the amount of $5,818.75 to Job Erection & Engr. , Inc. , P.O. Box 316, Shakopee, MN 55379 for the Huber Trail Park Project No. 1987-15. ESTIMATE VOUCHER Contract No. 1987-15 Partial Estimate Voucher No. 2 Period Ending: July 31, 1988 TO: Contractor Job Erection 6 R= Inc Address P.O. Box 316 Shakopee MN 55379 Project Description Huber Trail Prmect 1 Original Contract Annum $ 107.004.65 2. Change Order No. Thru No. $ -D- 3. Total Funds Encumbered $ 107,004.65 4. Value of Work Meted $ 21.390.00 Value of Work Remaining 5. 5 Percent Retainage $ 1.069.50 $ 85.614.65 6. Previous Payments $ 14.501.75 Percent Oavplete 7. Deductions or Charges $ -0- 200 6. Total $ 15.571.25 Payment Ale (vine 4 - 8) $ 5,616.75 CEI=C ATE OF PA)Y= (I, We)-.hereby agree that the quantity and Value of work shown herein is a fair estimate of the work oompleted to date. CONTRACTOR dD[J wGch 6H � FKO/K QC'�[K `/L•` � APPROVED�- CITY�OF SHAKOPEE &'ojact C L' l Z /� City r to V /6 '' CONSENT l°J, MEMO TO: John R. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: 13th Avenue (Vierling Drive) Project No. 1987-12 DATE: August 11, 1988 INTRODUCTION i BACKGROUND: Attached is the Partial Estimate Voucher No. 6 for the above referenced project. ACTION REQUESTED: Council authorization to pay Partial Estimate Voucher No. 6 in the amount of $2,004.39 to S.M. Hengtes 6 Sons, Inc. , P.O. Box 212, Shakopee, MN 55379 for the 13th Avenue (Vierling Drive) Project No. 1987-12. RR/pmp ESTIMATE VOUCHER Contract No. 1987-12 Partial Estimate Vouches Nc. 6 Period Ending: JnlV 31, 1988 TO: Contractor S.M. Hander 6 Sons, Inc Address _ P.O. Box 212 Sh.k. M 55379 Project Description _ 13th AVenue (Vierlincl Drive) Street IhIDswements 1. Original Contract Amount $ 527 758-56 2. Change Order No. 1 Thru No. $ 131,000.00 3. Total Funds F`==b,,,d $ 658.758.56 4. Value of Work Completed $ 573,893.71 Value of Work a' 5. 5 Percent Rel"�e $ 28.699.68 RmninU 6. Previous payments , 64.8 85 $ 539.194.69 $-84 7. Deductions o_ Charles 4.000.00 Percent Complete $ - 8. Total 87% $_ 571,889.32 Payment Due (Line 4 - 8) $_. 2004.39 CERTIFICATE OF M2N2MIT (I, We) hereby agree that the quantity and Value of Work shown herein is a fair estimate of the work ccaupleted to date. CONTRACTOR 1 1 ) TQC By TITLE !� APPROVED - CITY OF SHAIOPEE Date aty for /o J 1� c� c: In N 0 u t T 1� zr It ... 16 1� c� 1�c�1� c�1� c�4! c� c� <t c� 1� c� c�1� c�1:1: - c�c� 9 2 2 c� c� 1� Q c; t2 IP Lt Lt L� It � ..da � ,� /a.i aW - - i -1 1: c� 1� c� z z 1� c�4� �i 1� c� 1� 1! 1� 2! as S .'t 7 7 E 2 gill HIM aid ; MIT lb K MEMO TO: John K. Anderson, City Administrator FROM: John H. DeLacey, Engineering Tech. III SUBJECT: Downtown Streetscape Project No. 1987-2 DATE: August 11, 1988 INTRODUCTION 8 BACKGROUND: Attached is the Partial Estimate Voucher No. 9 for the above referenced project. ACTION REQUESTED: Council authorization to, pay Partial Estimate Voucher No. 9 in -- —the-amo o ,900.12 to Hardrives, Inc. , 7200 Hemlock Lane N. , Maple Grove, MN 55369 for the Downtown Streetscape Project No. 1987-2. JHD/pmp PARTIAL ESTIMATE VOUCHER Contract No. 1987-2 Partial Estimate voucher Nc. 9 Period Ending: JUIV 31, 1988 To: Contractor Hardrives Inc. Andress 7200 Hemlock Lane N Mahle Grove MN 55369 Project Description Downtown Streetsraoe 1. Original Contract Amount $ 2,186,457.65 2. Change Order No. 1 Thru M. 8 ---$ 50,868.70 _ -- 3. Total Finds rn ,nibered. $ 2.237.326.35 4. Value of Work Completed $ 1 795.831.36 Value of Work R.iniM S. 5 Percent Retainage $ 89,791.59 $ 441,494.99 6. Previous Payments $ 1.499.139.65 _ Percent Complete 7. Deductions or Charges $ -0- 80% 8. Total $ 1,588.931.24 Payment Due (Line 4 - 8) $ 206,900.12 :'ER=CATE OF PAMENT (I, We) hereby agree that the quantity and value of work shown herein is a fair estimate of the work completed to date. aRURnvmR TITLE a� ,i.^cY fyli4r�,AG�.P APPROVED - = OF SHMPEE D�7 —7K— Jett Engineer Date City Aftiniatzator Da . sae _ a � W _ • • o a e 8i a e � de e o Dee • voe a vo v e el e v o a of a ve • 1. p Ia - a000 • oo e � vi e e o o el a veoe a� voo a o . o . a . . . . vee o ee 6 o v e v e of a oeee 6 66 6 a oo v o al o v o 0 o a Doe • e • e o 0o e • 'I e o = e e • 6 . . o o m =� I _ Zl a ° aer oaQom � al aoo = = a 1 o . . . . . .l . . . . . . . . . . . . . e� ee ° 000i = ee = ee :i = 000ee , o = el o . . . . . . . . . . . e = ee = o o � e ° eeee ° 000e °i o = = ° oo _ = oeePi . . . . . oi aeee ° o Io K - - - . 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ZZ eee�ee eeeseee eeeeee T. = caeca eeeeeee eaeeee . -ee , ee�eeeFi eeec � es 9veeee , - ` iteee�.� e eeeveeee eeeeee , - em _ ly! ! Q;1 ! E5 f: g S 1 Est 291 1i v N f- 7 I.: z 2 z I -M o ov000e > e I ' s e 0000 _ Qe � oo �e >� oe � o �oo> r a ofl »e me /n K - _ oa � ma tiuu a � e o00 Egg _ .I c CONSENT 100 MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Tahpah Park Football Field, Project No. 1988-4 DATE: August 11, 1988 INTRODUCTION & BACKGROUND: Attached is the Partial Estimate Voucher No. 2 for the above referenced project. ACTION REQUESTED: — - -- Council authorization to pay Partial Estimate Voucher No. 2 in the amount of $2,280.00 to S.M. Hentges & Sons, Inc. , P.O. Box 212, Shakopee, MN 55379 for the Tahpah Football Field, Project No. 1988-4. ESTIMATE VOUCHER Contract M. 1988-4 Partial Estimate Voucher 14o. 2 Period Ending: _July 31. 1988 TO: Contractor S.M. Hltts S Sons Inc. Address P.O. Box 212 MN 55379 Project Description TahDab Park Football Field 1. Original Contract Amount S i,0 900.00 2. Change Order 1b. 1 Thru 1b. — S 900.^0� 3. Total Funds Encumbered $ 11 600.00 4. Value Of Work Meted $ 3�g00.00 Valve of Work 5. 5 Percent Retainage $---L95�00 RemaiLiaJ 6. Previous Pay° is $ 1,425.00 $ 7 90—r 0 00 7. Deductions or Charges $ -0- Percent Complete s. Total $ 1._620.0033lg_ Payment Due (Line 4 - 8) $ 2,280.00 � CERTIFIC4TE OF PAPP (I, We) hereby agree that the quantity and value of work shown her + . .. estimate of the work e..n is a fair completed to date, -}� ?CONn�A=R APPFDVED - CITY OF )act Date city -6 for Acte /6G U®NSENT /gym Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re : Risk Manager Selection Data : August 12, 1988 Introduction At the July 5th meeting Council authorized staff to select a risk manager for group health, life, long- term disability and AD&D rebidding and bring ' the selection back to Council for final approval . Background Staff mailed invitations to submit proposals to four firms . Two have responded. Both are experienced, qualified and have good references . Corporate Risk has substantially more county clients with American - Risk having more municipal clients. The costs are : Add' l Not to Firm Rate/hr . Est . hrs . Total Charges Exceed Corporate Risk S 75 16 . 5 $1 , 237. 50 - - $1 , 931 . 25 American Risk 100 30 .0 3 , 000. 00 $100 4 ,000. 00 Corporate Risk has a lower price and a lower estimate of the number of hours required. I have concerns that the estimated hours are too low, however , their "not to exceed-- price would allow another nine hours of work . Alternatives 1 . Select Corporate Risk 2 . Select American Risk Recommendation Alternative #1 Action Requested Move to retain Corporate Risk Managers, Inc . for the rebidding of the group health, life, long-term disability and AD&D at a cost not to exceed $1 , 931 .25 . Nmm........ .-ANmrororo roromro ro reronNronnrom roro ro - rororororvro rororvro ro nroArenrorerero Nnroro ro ro JJW Y YVYYVWYYW m WWWYY Y Y 2 m bwbbmabbbNmb !aA U YYYWUWY mPaPP N O m 0 . f Al ! e P WNWWWWWWO T P T D ! 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C� O O m (1 G% rl In M N 1n.i O W F 0 O y� � EN CJ U N N 1 OJ N N p N In N C Y � q O > E 0 UI M d N E OUY H .O w > W c m m O > G 7 O ac, c mF H Y 3 n E W g ti w WO r 03 m Y o Q W G C t-pppp W 0 S. 0 u m F m 00000000 00 E C W ON 3 0 i. C O F. O Q\0` N Y W m 00000000 O O U 10000000 00 W 0 N Ml t-I-6�N Y m 3 00 MInN 1H M.iN NH _. � NNN .iHHHN 1N 6 t " N N N O m w N 00 1 MMM.? » MM MM i c 180 00000 00 CONSENT Aoo MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for Temporary 3.2 Beer License by St. Mary's Catholic Church DATE: August 3, 1988 Introduction St. Mary's Catholic Church has made application for a temporary 3.2 beer license for August 28, 1988. Background The City Attorney has reviewed the surety bond and insurance exemption and they are in order. Alternatives 1. Approve application. 2. Deny application. Recommendation Alternative No. 1, approve application. Recommended Action Approve the application and grant an On-Sale 3.2 beer license to St. Mary's Catholic Church, 535 Lewis Street, for August 28, 1988. SSC/jms CONSENT MEMO TO: John K. Anderson, City Administrator FROM: Joseph P. Ries, Fire Chief RE: Capital Equipment: Stinger Monitor with Nozzle Tips DATE: August 12, 1988 INTRODUCTION• - -I The 8297 Stinger Monitor gives the versatility of a truck mount-d—deck gun or portable monitor. Its lightweight construction and--compact design, made of heat-treated aluminum alloys and hard anodized trim. The monitor weighs only 28 pounds and a height of 1611, with full, unobstructed 3" waterway. This unit is capable of flowing up to 1200 gallon per minute. The nozzle tips are designed to give the widest flow range available from 150 to 1200 gallon per minute, with continuously variable from straight stream to wide fog pattern. The nozzle i tips are constructed of high strength heat-treated aluminum alloy, hard anodized for maximum corrosion resistance. BACKGROUND- The Stinger Monitor with tips will give us the ease for quick set up to flow up to 1200 gallons per minute, this large flow will give us great knock down power to bring the fire under control quickly. This monitor can be prepiped and mounted on the truck, or quickly released from truck mode and set up and operated by one man which frees other personnel to do other tasks. The nozzle tips are interchangeable for different water pattern and gallonage. Quotations received for Stinger Monitor: Minnesota Conway Fire & Safety 1 - #8297 Stinger Monitor $1,293.00 Smeal Fire Equipment 1 - #8297 Stinger Monitor $1,201. 00 W.S. Darley Fire Equipment _ 1 - 48297 Stinger Monitor $1,357.00 Quotations received for Master Stream Nozzle Tips: Minnesota Conway Fire & Safety 1 - Style MTFT-R 2 1/2" NST $ 495.00 1 - Style HTFT-VPG 2 1/2" NST 449.00 1 - Style HTFT-VPGI 1 1/2" NST 449.00 Smeal Fire Equipment 1 - Style MTFT-R 2 1/2" NST $ 635. 00 1 - Style HTFT-VPG 2 1/2" NST 535.00 1 - Style HTFT-VPGI 1 1/2" NST 535.00 W.S. Darley Fire Equipment 1 - Style MTFT-R 2 1/2" NST $ 725.00 1 - Style HTFT-VPG 2 1/2^ NST 642.00 1 - Style HTFT-VPGI 1 1/2" NST 642.00 RECOMMENDATIONS• Recommend that we buy the Stinger Monitor from Smeal Equipment and the three (3) nozzle tips from M_ inneso£a Conway Fire & Safety for a combined total of $2,595.00. This is $95.00 over our Capital Equipment Budget. ACTION REQUESTED: Authorize the appropriate City Officials to: 1) Purchase from Minnesota Conway Fire & Safety: 1 - Style MTFT-R 2 1/2" NST @ $ 495. 00 1 - Style HTFT-VPG 2 1/2" NST @ 449.00 1 - Style HTFT-VPGI 1 1/2" NST @ 449.00 2) Purchase from Smeal Fire Equipment: 1 - #8297 Stinger Monitor @ $1,201.00 JPR/tiv MONITOR IOcc, MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Minnesota Government Data Practices Act DATE: August 11, 1988 INTRODUCTION• Recently, questions have been raised about the dissemination of information of names of individuals who file complaints with the City relative to actual or alleged violations of local ordinances concerning the use of land. This is an area that is addressed by the Minnesota Government Data Practices Act and is also an area in which City employees, officials and the City as a whole have exposure to significant liability. BACKGROUND: According to Section 13.44 of the Minnesota Statutes this information is classified as confidential data. Section 13.09 of the Statutes states that a willful violation of this provision is a misdemeanor. This section further states that willful violation by a public employee constitutes lust cause for suspension without pay or dismissal of a public employee. This matter was discussed with Police Chief Tom Brownell. Chief Brownell indicated that when the Police Department receives complaints they ask people if they want the information to be treated in a confidential manner if this is the case they do not reveal this information. This subject was also discussed with Mr. Don Gemmerling who is the head of the Data Privacy Division of the State of Minnesota Department of Administration. This agency is charged with the responsibility of administering this provision of State Law. Mr. Gemmerling indicated that when City employees request information from people they need to tell the person how the data will be used and who will have access to the data. This also applies when a person phones in to the City with a complaint. The general consensus on this subject according to Mr. Gemmerling and several City and County Attorneys. is that the only people who should have access to this type of data are those who need it to do their jobs. Mr. Gemmerling further stated that the release of the names of complainants to the people against whom the complaints were filed would be a violation of State Law and that both the employees releasing the information and the City would have significant liability if litigation were to be initiated. Because of the level of liability existing in this area I recommend that this item be discussed with the City Council and that a formal policy be adopted which is consistent with the Government Data Practices Act. All City employees and officials who have contact with the public or who come in contact with this eft data need to be informed of the provisions of the act so as to not jeopardize their jobs or to be put in a position of being found in violation of the State Law. It is also quite important that the Shakopee City Government protect itself from a liability perspective. Typically cities have very deep pockets and are in a position of conceivably being financially liable for significant amounts of money if litigation is successfully carried out against them. It is the opinion of those consulted on this subject, including the City Attorney, that merely because a person is a department director, city council member, city attorney or supervisory person does not give that person the legal right to access confidential data, as defined by Section 13.44 of the Minnesota Statutes. The need to have access to the data to do their job is the test which must be met in determining who should be able to access confidential data. ALTERNATIVES• 1. Discuss the above information, direct that a formal policy be drafted, and adopt the policy at a subsequent City Council Meeting. 2. Take no action on this subject. 3. Evaluate the subject in greater detail and then determine if action should be taken. RECOMMENDATION• Alternative number one is recommended. ACTION REQUESTED: Move to direct the preparation of a formal City policy which addresses the conduct of City employees and officials and establishes administrative procedures which are consistent with the Minnesota Government Data Practices Act as relates to the handling of Property Complaint Data. /0 r MEMO To: Members of the Shakopee City Council FROM: Dennis R. Kraft, Community Development Director RE: Murphy's Landing Consultant Report And Recommendation DATE: August 15, 1988 Late this Spring the City Council hired Mr. Ronald Nelson, a historical consultant, for the purpose of doing an evaluation of the operation of Murphy's Landing. This report and attached letter containing a series of recommendations for action has recently been received. Attached please find a copy of the report and letter. This item is being submitted to the City Council at this time for information purposes and will be placed on the September 6, 1988 agenda for discussion and possible action. If additional information is required on this subject from the consultant please contact me. 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 MVRP 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, P Ronald E. Nelson Historian Site Evaluation. of Murphy' s LandJng By Ronald E. Nelson, Historian June 7-9, 1988 Fiscal Manaaement - 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 accounting 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 MVRP' 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 Dart 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 _`our 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 policv 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 apparant in collection management as well as in interpretation . Site Evaluation Page 2 Preservation - Preservation is why museums exist and are so important to the future . The slowing of deterioration of artifacts and buildings is primary . This is not receiving enough resources . I saw several examples of poor preservation practices during my site visit and these are not practices which 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 site which makes itself available to the interpreters . MVRP presented a very uneven level of interpretation the day my wife and I went through as tourists. The mechanics of interpretation can be improved - I have a problem with an interpreter smoking 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 o` 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, 4 ) 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 for 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 . " /0 Site Evaluation Page 3 It is necessary that the original view of Murphy ' s Landing as a regional resource be emphasized and board members include people from beyond Scott County . The board of directors must raise the operational money for the site from private , individual donors . In America , private individuals. give 890 of philanthropic gifts and these gifts require personal solicitation. If you can ' t ask an individual to support Murphy' 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 next 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 ! 1 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 paying 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. Site Evaluation Paae S In reading, discussing, and observing the MRVP with various people, it seems that it is time for both groups to consider the welfare of Murphy' s Landing before publicly debating, libeling and slandering each other . The damage to recruiting board members and fund raising is enormous ! - - lb P� 10 QUESTIONS FOR i HE THOUGnT=UL BOARD MEMBER by Dr.Steve Johnson I Dr.Johnson (June speaker)has kindly furnished these points to ponder. 1. is there a Complete personal deveiop- mCnt program for vour agency s dxecouve and program s:arZ,in writing? _. .ire your agency's financials mmmem and accurate? How do your know? 3. Has the Board approved a long:ange fmancal resource plan? Doti,Your written Board membership Policy include fund raising and other responsibilities•accunrabiuty,meeting attendance requirements,committee suucture,and the like? :.What will prevent your agency from running away financially? 6.Do,you ever see management infotrna- tion,such as reports of,Your agency's program achievements vs.objectives? i iow do you know that there is a constant and vigorous management improvement in your agency—such as cost reduction and control,negotiated reimbursement,new income sources,or sharing programs and costs with other agencies? 8.Do Board members ever meet clients, referring agancies and sponsors? 9. Are there written objectives of the agency,stated in measurable terms, reviewed annually? 10.If your agency did not exist,would it need to be re-invented now? Sasjmwncon.x.ch uBe'vvodal Bnagu, Inc Sari¢:A,amegc Hou.PL.,got E Gans Succi,Bloaningun.IL 61701:309-g_9- 3931.He.ill a ca+tlueing.mining Carse Ior Bmrd Nnn..bcgiming Sepcnber 7i , NSFRE P. O. BOX 5323 Peoria,IL 61601 P.O. Box 51 Bishop Hill , IL 61419 August 8, 1988 Mr. Dennis R. Kraft Community Development Director City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Kraft : Pursuant to our phone conversation today I feel the following is the basic problem. The controversy has exhausted both boards . From my discussions it seems both boards are ready to quit. I don't feel the former director and present director will ever be done with it and it will not be solved. I talked with several people who are active in museum work in the Twin Cities and everyone wants to stay away from the contro- versy. In this environment it will be impossible to recruit a board that can do what must be done. I would suggest that an interim arrangement be considered with the current players removed from the scene and the city involved to restore credibility. A new board can then be recruited and these people must do their job as described in my report. No staff can be expected to function in the present situation. Sincerely, Ronald E. Nelson Historian Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Resolution No. 2935 Awarding Sale of Bonds 1988A Date: August 10, 1988 Introduction Council has authorized the sale of $1,100,000 G.O. Improvement Bonds Series 1988A Background Council has authorized the sale of bonds to finance various projects for 1987/88. Springsted will open the bids for the bonds on 8/16/88 and a representative will be at the Council meeting to present the bids. Resolution No. 2935 (when filled in that night) awards the sale of the bonds. Action Requested Offer Resolution No. 2935, A Resolution Providing for the Issuance and Sale of $1,100,000 General Obligation Improvement Bonds, Series 1988A, and Leving a Tax for the Payment Thereof and move its adoption. GV:mmr EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA HELD: AUGUST 16, 1988 .Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Shakopee, Minnesota, was duly held in the Shakopee City Hall on August 16, 1988, commencing at 7 : 30 P.M. , C.T. The following Councilmembers were present: and the following were absent: The Mayor announced that the meeting was convened for the consideration of the bids which had been received for the purchase of the City' s $1, 100, 000 General Obligation Improvement Bonds , Series 1988A, as advertised for sale. The City Clerk presented affidavits showing publication of notice of sale in the City' s official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined, found satisfactory, and ordered placed on file. The City Finance Director presented a tabulation of the bids which had been received in the manner specified in the notice of sale of the Bonds . The bids were as follows: � ,al Councilmember introduced the following Resolution and moved its adoption: RESOLUTION NO. 2935 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1, 100, 000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1988A, AND LEVYING A TAX FOR THE PAYMENT THEREOF BE IT RESOLVED bytheCity Council (the "Council" ) Of the City of Shakopee, Minnesota (the "City" ) , as follows: 1 . Acceptance of Offer. The bid of (the "Purchaser" ) to purchase the City' s $1, 100,000 General Obligation Improvement Bonds, Series 1988A (the "Bonds" ) , as described in the notice of sale thereof, is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, such bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, the Bonds to bear interest, to mature in the years and amounts, and to be subject to such other terms and conditions as hereinafter provided. The sum of $ , being the amount bid in excess of $1, 083,500, shall be credited to the Debt Service Account hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds and to return the checks of the unsuccessful bidders forthwith. 2. Title• Original Issue Date• Denominations; Maturities . The Bonds shall be titled "General Obligation Improvement Bonds, Series 1988A, " shall be dated September 1, 1988, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds . The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on February 1 in the years and amounts as follows : 3 Year Amount Year Amount 1990 $115,000 1996 $110, 000 1991 110,000 1997 110, 000 1992 110,000 1998 110, 000 1993 110,000 1999 65, 000 1994 110,000 2000 40, 000 1995 110,000 3 . Purpose. The Bonds shall provide funds to finance the Improvements . The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475 . 65, is estimated to be at least equal to the amount of the Bonds . Work on the Improvements shall proceed with due diligence to completion. 4 . Interest. The Bonds shall bear interest payable - semiannually on February 1 and August l of each year (each, an "Interest Payment Date" ) , commencing August 1, 1989, calculated on the basis of a 360-day year consisting of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years, as follows : Maturity Interest Maturity Interest Year Rate Year Rate 1990 8 1996 8 1991 1997 1992 1998 1993 1999 1994 2000 1995 5 . Redemption. All Bonds maturing after February 1, 1995, shall be subject to redemption and prepayment at the option of the City on said date and on any interest payment date thereafter at a price of par plus accrued interest to date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. I£ redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest .thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case be given in accordance with law, 4 and mailed notice of redemption shall be given to the paying agent and to each affected registered owner of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar, prior to giving notice of redemption, shall assign to each Bond of that maturity a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5, 000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City or Bond Registrar duly executed by the registered owner thereof or by the registered owner' s attorney, duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the registered owner of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such registered owner, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6 . Bond Reqistrar. Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar" ) , and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. The principal of and interest on the Bonds shall be paid to the registered owners (or record owners) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this Resolution. 5 7 . Form of Bond. The Bonds, together with the Bond Registrar' s Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 6 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE R- $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1988A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP SEPTEMBER 1, 1988 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS y The City of Shakopee, Scott County, Minnesota (the "City" ) , hereby acknowledges itself to be indebted and, for value received, promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above on the maturity date specified above, unless duly called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date" ) , commencing August 1, 1989, at the rate per annum specified. above (calculated on the basis of a 360-day year consisting of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Minnesota (the "Bond Registrar" ) , acting as paying agent, or at the principal office of any successor paying agent duly appointed by the City. Interest- on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Registered Owner" ) on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month preceding such Interest Payment Date (the "Regular Record Date" ) . Any interest not so timely paid shall cease to be payable to the 7 person who is the Registered Owner hereof as of the Regular Record Date, and shall be payable to the person who is the Registered Owner hereof at the close of business on a date (the "Special Record Date" ) fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Registered Owners not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to have happened and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed in regular and due form, time and manner as required by law, and that this Bond, together with all other indebtedness of the City outstanding on the date of original issue hereof and the date of its actual issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness . IN WITNESS WHEREOF, the City of Shakopee, Scott County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Administrator; has caused the corporate seal of the City to be intentionally omitted herefrom, as permitted by law; and has caused this Bond to be executed manually by the Bond Registrar, acting as the City' s duly appointed authenticating agent for the Bonds . 8 Date of Registration: Registrable by: �— Payable at: BOND REGISTRAR' S CITY OF SHAKOPEE, CERTIFICATE OF SCOTT COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Facsimile — Bonds described in the Mayor Resolution mentioned Y within. Facsimile City Administrator Bond Registrar By /s/ Manual Authorized Signature 9 ON REVERSE OF BOND Redemption. All Bonds of this issue maturing after February 1, 1995, are subject to redemption and prepayment at the option of the City on said date and on any Interest Payment Date thereafter at a price of par plus accrued interest to date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the Bonds of that maturity to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the paying agent and to each affected registered owner of. the Bonds . Selection of Bonds for Redemption• Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond of that maturity a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5, 000 shall be redeemed as shall equal $5 , 000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City or Bond Registrar duly executed by the registered owner thereof or the registered owner' s attorney duly authorized in writing) , and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the registered owner of such Bond, without service charce, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such registered owner, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 10 Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1, 100,000, all of like date of original issue and tenor, except as to registration number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on August 16, 1988 (the "Resolution" ) , for the purpose of providing money to finance certain costs of assessable public improvements within the City. This Bond is payable out of the General Obligation Improvement Bonds, Series 1988A, Fund of the City. This Bond constitutes a general obligation of the City, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Registered Owner in person or by the Registered Owner' s attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the City contained in any agreement with the Bond Registrar. Thereupon the City shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation) , of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. III 11 it Fees upon Transfer or Loss . The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds . Treatment of Registered Owners . The City and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligations . The Bonds have been designated by the City as "qualified tax-exempt obligations" for purposes of Section 265(b) (3) of the Internal Revenue Code of 1966, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations : TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations-. may- alsobe used though not in the above list. 12 �r ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint as attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises . Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges . The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address : (Include information for all joint owners if the Bond is held by joint account. ) 13 8 . Execution• Temporary Bonds . The Bonds shall be executed on behalf of the City by the signatures of its Mayor and City Administrator and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds , such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 9 . Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the . signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is September 1, 1988 . The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. The City Clerk shall obtain a copy of the proposed approving legal opinion of bond counsel, Briggs and Morgan, Professional Association, St. Paul, Minnesota, which shall be complete except as to dating thereof, shall cause such opinion to be filed in the offices of the City, and shall cause said 14 opinion to be printed on each of the Bonds, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the following form: I hereby certify that the foregoing is a full, true, and correct copy of the legal opinion executed by the above-named attorneys, except as to the dating thereof , which opinion has been handed to me for filing in my office prior to the time of delivery of the Bonds . (facsimile signature) City Clerk City of Shakopee, Minnesota 10 . Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary) , and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9 ) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that noBond may be registered in blank or in the name of ,bearer" or similar designation. At the option of the registered owner thereof, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary) , and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the registered owner making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this Resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed -of as directed by the City. - 15 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this Resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the registered owner thereof or the registered owner's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds . Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates . 11 . Rights Upon Transfer or Exchance. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12 . Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth ( 15th) day of the calendar month preceding such Interest Payment Date (the "Regular Record Date" ) . Any such interest not so timely paid shall cease to be payable to the person who is the registered owner thereof as of the Regular Record Date, and shall be payable to the person who is the registered owner thereof at the close of business on a date (the "Special Record Date" ) fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the registered owners not less than ten ( 10) days prior to the Special Record Date. 16 13 . Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14 . Delivery; Application of Proceeds . The Bonds when so prepared and executed shall be delivered by the City Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof . 15. Fund and Accounts . There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 1988A Fund" (the "Fund" ) to be administered and maintained by the City Finance Director as a bookkeeping account separate and apart from all otherfunds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account" , respectively. (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $1,083, 500, and less capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest first coming due on the Bonds) , plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof . From the Construction Account there shall be paid all costs and expenses of making the Improvements, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475 . 65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assess- 17 ments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes , Chapter 429; and provided further that any special. assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475 . 61, Subdivision 1 . (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $1,083, 500; (d) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest first coming due on the Bonds) ; (e) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; ( f) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (g) all investment earnings on funds held in the Debt Service Account; and (h) any and all other moneys which are properly available and are appropriated by the Council to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other o_eneral obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2 ) in 18 addition to the above in an amount not greater than the lesser of five percent (5B) of the proceeds of the Bonds or $100, 000 . To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods " or "minor portion" made available under the federal arbitrage regulations . Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149 (b) of the federal Internal Revenue Code of 1986 , as amended (the "Code" ) . 16 . Assessments . It is hereby determined that no less than twenty percent (20%) of the cost to the City of the Improvements financed hereunder within the meaning of Minnesota Statutes, Section 475 .58, Subdivision 1(3) , shall be paid by special assessments heretofore levied or to be levied hereafter against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one ( 1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts . The City hereby further covenants and agrees that it will do and perform as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments , and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. 19 unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. 25 . Headinos . Headings in this Resolution are included for convenience of reference only and shall not limit or define the meaning of any provision hereof . The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember and, upon vote being taken thereon, the following voted in favor thereof : and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. Adopted in adj. regular session this 16th day of August, 1988. Mayor of the City of Shakopee City Clerk Approved as to form this day of 1988. City Attorney 23 l ( � STATE OF MINNESOTA COUNTY OF SCOTT CITY OF SHAKOPEE I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Minnesota, DO HEREBY CERTIFY that I have compared the attached and fore- going extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and regularly held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $1, 100, 000 General Obligation Improvement Bonds, Series 1988A, of said City. WITNESS my hand and the seal of said City this _ day of 1988 . City Clerk (SEAL) At the time all of the assessments are in fact levied the Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475 . 61, Subdivision 1. 17 . Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows : Year of Tax . Year of Tax Levy Collection Amount The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475. 61, Subdivision 3 . 16. 105% Debt Service Coverage. It is hereby determined that the estimated collections of special assessments relating to the Improvements and the foregoing ad valorem tax levies will produce at least 5% in excess of the amount needed to meet, when due, the principal of and interest on the Bonds , and that no tax levy is needed at this time. The City Clerk is directed to file a certified copy of this Resolution with' the County Auditor of Scott County and to obtain the certificate of the County Auditor required by Minnesota Statutes, Section 475 . 63. - 19 . General Obligation Pledae. The full faith and credit and taxing powers of the City are hereby pledged to the payment of the principal of and interest on the Bonds, and in the event of any current or anticipated deficiency of funds in 20 a/ the Debt Service Account of amounts needed to make any such payment, when due, the Council shall levy ad valorem taxes on all taxable property in the City in the amount of such deficiency. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20 . Records and Certificates . The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed represen- tations_ of the City as to the facts recited therein. 21. Neqative Covenant as to Use of Improvements. The City hereby covenants not to use the Improvements or to cause or permit the Improvements to be used, or to enter into any deferred payment arrangements for the cost of the Improvements , in such a manner as to cause the Bonds to be "private activity bonds- within the meaning of Sections 103 and 141 through 150 of the Code. 22 . Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation ( 1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds , and ( 3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000, 000 . For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, determines and declares 21 that ( 1) the Bonds are issued by a governmental unit with general taxing powers , (2) no Bond is a private activity bond, (3) ninety-five percent (958 ) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City) , and (4 ) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during the 1968 calendar year is not reasonably expected to exceed $5, 000,000, all within the meaning of Section 148(f) (4 ) (C) of the Code. 23 . Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations " within the meaning of Section 265(b) (3 ) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7 , 1966; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b) (3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c) ( 3) bonds as not being private activity bonds) which will be issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during this calendar year 1988 will not exceed $10, 000, 000; and (e) not more than $10, 000,000 of obligations issued by the City during this calendar year 1986 have been designated for purposes of Section 265(b) (3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 24 . Severability• If any section, paragraph or provision of this Resolution shall be held to be invalid or 22 CONSENT MEMO TO: John K. Anderson, City Administrator FROM: Jeanette Shaner, Secretary RE: Appointment of Election Judges DATE: August 10, 1988 Introduction and Background State law requires the appointment of election judges for the upcoming primary election on September 13th. The judges recommended have all been called and are willing to work. Recommended Action Offer Resolution No. 2939 , A Resolution Appointing Judges of Election, and Establishing Compensation, and move its adoption. j RESOLUTION NO. 2939 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The following persons are hereby appointed Judges of Election for the five polling precincts with the City of Shakopee designated in Resolution No. 2021, adopted July 6, 1952: FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Marjorie Lucarelli Claude Kolb Marie Kocks Evelvn Weckman Susan Niewind ' SECOND PRECINCT: Regular Judges Paulette Rislund, Co-Chair Robert Kubes, Co-Chair Lucille Odenwald Barb Runde Ethel Schneider Patrick Schroers Ottillia Mingo - Connie Berens Robert Johnson THIRD PRECINCT: Regular Judges Maetta Jurewicz, Chair Doborah Schmidt Marinda Schmit Jan Gerold Joyce Schwartz Kathryn Marschall _ Marian Mahowald Lenore Johnson Loretta Jaspers FOURTH PRECINCT: - - Regular Judges Lillian Weinandt, Chair Sylvester Gerold Bernadine Hyatt Judy Rieck Laura Olson Steven Schmidt Resolution No. 2939 Page Two Edna Wangerin Elizabeth Efferts Maria Stay FIFTH PRECINCT: Regular Judges Virgilla Geske, Chair Carol Link Rudy Maurine Ag Horeish Linda Emhart Thea May Marianne Schmid 2. The Election Judges shall be compensated for their work at the rate of $4.00 per hour and the Chairperson of the Election Judges shall be compensated 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, held this day of 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of - 1988. City Attorney MNSENT �G MEMO TO: John K. Anderson, City Administrator FROM: David Hutton, City Engineer�� SUBJECT: Vierling Drive - Hauer's 4th Addition Project No. 1987-12 DATE: August 11, 1988 INTRODUCTION: Council action is necessary to order the preparation of the assessment report and set the assessment hearing for the Vierling Drive Project through Hauer's 4th Addition. BACKGROUND: Construction of Vierling Drive and adjoining streets are nearing completion in Hauer's 4th Addition. The contract is approximately 87% completed. Because it is important that the hearing be held and assessments certified to the County by October 10, 1988, staff is requesting that the assessment report be prepared and the hearing held prior to that date even though the final project costs are not known yet. In preparing the assessment report, it is proposed to use the contract amount, plus any change orders, and add in 25% for engineering, administrative and legal fees. Once the project has been completed, actual costs can be used to recompute the assessments and any adjustments can then be made. Attached is Resolution No. 2940, Ordering the Preparation of the Proposed Assessment and Setting a Public Hearing for the Proposed Assessments for Vierling Drive, S.A.P. 166-112-01, Project No. 1987-12 for Council consideration. ALTERNATIVES: 1. Approve Resolution No. 2940. 2. Deny Resolution No. 2940. RECOMMENDATION: Staff recommends Alternative No. 1. REQUESTED ACTION: Offer Resolution No. 2940, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, S.A.P. 166-112-01, Project No. 1987-12 and move its adoption. DH/pmp (l C - RESOLUTION NO. 2940 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessment 13th Avenue (Vierling Drive) Project No. 1987-12, S.A.P. 166-112-1 WHEREAS, a contract has been let for the improvement of: 13th Avenue (Vierling Drive) and the contract price for such improvements is $ 658, 758. 00, the construction contingency amounts to $ 0. 00 and the expenses incurred or to be incurred in the making of such improvements amounts to $164, 000. 00 so that the total cost of the improvements will be $ 822,758. 00 and of this cost the amount the City will pay will be determined at the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed will be determined at the hearing. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 20th day of September, 1988, in the Council Chambers of City Hall at 7: 30 P.M. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvements. He shall also cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. // C-- 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 CONSENT did MEMO TO: John K. Anderson, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: 3rd Avenue Improvements DATE: August 10, 1988 INTRODUCTION: Attached is Resolution No. 2937, declaring the adequacy of a petition and ordering a feasibility report for improvements to 3rd Avenue, west of Harrison (frontage road along Highway 169) . BACKGROUND: A petition has been received and approved by the City Attorney requesting improvements to 3rd Avenue, between 6th and 3rd (that portion of 3rd Avenue going west of Harrison Street along Hwy. 169) . The requested improvements consist of sewer and water mains. Currently, this portion of 3rd Avenue is paved with no utilities. The petitioners are attempting to market a large segment of vacant land for development located at the very west end of 3rd Avenue. There is existing sanitary sewers located at 3rd and Harrison, but due to the existing ground elevations, there is some question or not whether this vacant parcel of land can even be served by a gravity-flow sewer. The feasibility report will attempt to cover this. ALTERNATIVES: 1. Deny the petition for improvements. 2 . Accept the petition and pass Resolution No. 2937. RECOMMENDATION: Staff recommends Alternative No. 2. ACTION REQUESTED: Offer Resolution No. 2937, A Resolution Declaring Adequacy of Petition and Ordering Preparation of a Report for Sewer and Water Improvements to 3rd Avenue, Between 6th Avenue and 3rd Avenue, and move its adoption. DH/pmp 3RDAVE I ��M c aP it I Date We , the undersigned, owners of the following described real property, abutting on the proposed improvement and benefitted thereby, hereby petition the City Council of the City of Shakopee, for the following public improvements: /.Ua �E n a ud S weti- w''? on /� S�ent/p enue, between _ 6R StFeei/Avenue and Steet/Avenue, and request that the same be made during the year / gy In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot guarantee the amount of an assessment until a feasibility study of the improve- ments has been prepared and accepted by City Council in accordance with MSA Chapter 429. PETITIONER LOT BLOCK e�?. 'T. OU /O-f 19. f0a 4/Ed CS��fE3 I , hereby, verify that I circulated the above Detition and that the above signatures of the property owners and petitioners were affixed in my presence. RESOLUTION NO. 2937 A Resolution Declaring Adequacy Of Petition And Ordering Preparation Of Report For Improvements to 3rd Avenue Between 6th Avenue and 3rd Avenue BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of 3rd Avenue between 6th Avenue and 3rd Avenue by sewer and water, filed with the Council on August 16, 1988 , is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to David Hutton, City Engineer and he is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and estimated cost of the improvement as recommended. 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 CONSENT lie, MEMO TO: John E. Anderson, City Administrator FROM: David Hutton, City Engineer Rte A/ SUBJECT: Pavement Preservation Project No. 1988-8 DATE: August 10, 1988 INTRODUCTION: On July 5, 1988 the City Council passed Resolution No. 2923 requesting permission to bid the 1988 Pavement Preservation Program (Project No. 1988-8) . BACKGROUND: - -.. On August 8, 1988 at 10:00 A.M. bids were received and publicly opened for Project No. 1988-8, Pavement Preservation Program. A total of 5 bids were received and summarized in the attached resolution. The three low bids are tabulated below: Contractor Citv Total Bid Hardrives, Inc. Maple Grove, MN $128,537.90 Preferred Paving, Inc. Waconia, MN $134,059.45 Wm. Mueller Hamburg, MN $141,516.95 The Engineering Department has reviewed all bids for completeness and also the qualifications of Hardrives, Inc. the apparent low bidder, and have determined that they are able to perform the work as described by the plans and specifications. The Engineer's estimate for this project was approximately $200, 000. There are probably two main reasons why the bid came in quite a bit lower than the estimate: 1) The low bidder, Hardrives, has already been awarded the 10th Avenue Overlay Contract No. 1987-3 and therefore did not have to add in any mobilization costs to our project and 2) There is not much work out there and contractors are still "hungry" . ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 2938. 2. Reject the low bid and award the contract to the 2nd low bidder or another bidder. 3. Reject allbidsand rebid. Pavement Preservation August 10, 1988 Page 2 RECOMMENDATIONS: Staff recommends Alternative No. 1, to accept the low bid and award the contract to Hardrives, Inc. of Maple Grove, MN. REQUESTED ACTION: Offer Resolution No. 2938, A Resolution Accepting Bids on the Pavement Preservation Project No. 1988-8 to Hardrives, Inc. , 7200 ------ Hemlock Lane N. , Maple Grove, MN 55369 and move its adoption. DH/pmp MEM2938 RESOLUTION NO. 2938 A Resolution Accepting Bid On The Pavement Preservation Project No. 1988-8 WHEREAS, pursuant to an advertisement for bids for the Pavement Preservation Program, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Hardrives, Inc. $128 , 537.90 Preferred Paving, Inc. $134, 059.45 Wm. Mueller $141,516.95 Midwest Asphalt $145, 038.80 Alexander Const. $153 ,863. 55 Valley Paving $155, 523.82 AND WHEREAS, it appears that Hardrives, Inc. , 7200 Hemlock Lane. N. , Maple Grove, MN 55369 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Hardrives, Inc. , in the name of the City of Shakopee for the improvement of roadways by Asphalt Overlay, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 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 CONSENT MEMO TO: John K. Anderson, City Administrator FROM: David Hutton, City Engineer ni�/'+�"' SUBJECT: Market Street - 1st to Bluff Project No. 1988-6 DATE: August 10, 1988 INTRODUCTION: Attached is Resolution No. 2936, for Council consideration approving plans and specifications and ordering the advertisement for bids for Market Street, Project No. 1988-6. BACKGROUND: On June 21, 1988 Council ordered plans and specifications for the Market Street Project No. 1988-6 by Resolution No. 2914. This project consists of paving, storm sewers, curb and gutter and sidewalks. Orr-Schelen-Mayeron has now completed the plans and specifications for this project. Staff is now requesting authorization to advertise for bids. The scheduled bid opening, contingent on Council approval, is September 7, 1988. There are two important design considerations that staff would like to bring to Council's attention. First, our soil borings indicate that bedrock is only 2-3 feet below the existing gravel _ surface. There .is -also organicmaterial within .this.-2-3 feet. - . ..- Staff, along with our engineering consultant, is proposing to remove this material and.. replace it with a "pit run" material. This will increase the costs of the project slightly over what was estimated in the feasibility report. The second item concerns the proposed cross-section pavement and marking layout for this section of Market. The representative of Calvary United Methodist Church asked staff to explore the possibility of providing diagonal parking on their side of the street to give them more parking. Our consultant has done that and it appears to be a very workable alternative. The proposed plans show diagonal parking on the east side of the street, no parking on the _west side of the street and the center crown _ _ shifted--Lowards the west to be on center of the two driving lanes. This is a deviation from our standard cross-section but staff feels that this proposal does not have any adverse effects on the traveling public and benefits the adjoining properties. Midas Muffler on the west is planning on constructing a parking lot just north of their building and will not need any on-street parking on their side of the street. Market Street August 10, 1988 Page 2 Both property owners have reviewed our plans and are agreeable to them. Plans and specifications will be available at the Council meeting and also in the Engineering Department. Staff would also like to indicate that Market Street going to the south may - be improved some day including the addition of a traffic signal at 1st Avenue and a railroad crossing. There has been some discussion of this in the past, but the project has never been ordered. ALTERNATIVES: 1. Approve Resolution No. 2936. 2. Deny Resolution No. 2936. RECOMMENDATIONS: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 2936, A Resolution Ordering Advertisement for Bids on Market Street Project No. 1988-6 and move its adoption. DH/pmp MARKET RESOLUTION NO. 2936 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids On Market Street, Project No. 1988-6 WHEREAS, pursuant to Resolution No. 2914 adopted by City Council on June 21, 1988, David Hutton, City Engineer has prepared plans and specifications for the improvement of Market Street by pavement, storm sewer, curb & gutter and sidewalks and has presented such plans and specifications to the Council for approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvements under such approved plans and specifications. The Advertisement for Bids shall be published ten days prior to bid opening, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10: 00 A.M. , on September 8, 1988, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, or their designated party, will then be tabulated, and will be considered by the Council at 7: 00 P.M. , or thereafter on September 20, 1988, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (58) percent of the amount of the Bid. 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 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Annexation of School District 720 Property DATE: August 11, 1988 Introduction The attached ordinance is required if the City is to annex property owned by School District 720 and now surrounded by incorporated property as a result of the Vierling property annexation. Background The "whereas's" outlined in draft Ordinance No. 247 explain chronologically the events involved in this proposed annexation. The School District, by petitioning for the annexation, has supported the annexation from the beginning. Section No. V indicates that the City must pass an ordinance and file it with the Municipal Board of the State of Minnesota to officially accomplish the annexation as petitioned for by the School District. Because this land is now completely surrounded by incorporated land all that is required is the approval of the appropriate ordinance which is attached and a filing of that ordinance with the Municipal Board. Alternatives 1. Approve Ordinance No. 247 as drafted. Approval of the ordinance would be in keeping with the School District's petition and would prevent a portion of the Senior High School grounds from being outside the City corporate boundaries while being completely surrounded by the City of Shakopee. There is no financial impact on the City because this is completely vacant property owned by a non-taxable agency. In a similar fashion, there is no loss of assessed value to Jackson Township by the annexation. 2. The City could deny Ordinance No. 247 or table it. There appears to be no benefit to the City for pursuing this alternative. Recommendation I recommend alternative No. 1 for the reasons listed above. Action Requested Offer ordinance No. 247, An ordinance Annexing to the City of Shakopee the Unincorporated Property Hereinafter Described and which abutts the City of Shakopee, and move its adoption. _ I ORDINANCE NO. 247 Fourth Series An Ordinance Annexing to the City of Shakopee the unincorporated Property hereinafter Described and Which Aborts the City of Shakopee WHEREAS, Independent School District 720 the owner of the land hereinafter described previously Petitioned the City of Shakopee to annex the said tract to the City of Shakopee,and WHEREAS, certain proceedings were then pending to annex the so-called Vierling tract to the City of Shakopee and therefore the City of Shakopee after filing the Petition took no further action pending the outcome of the Vierling Petition, and WHEREAS, the Vierling annexation proceedings have been completed and the Vierling tract has been annexed to and is now a part of the City of Shakopee, and WHEREAS, hereinafter described Independent School District 720 tract is now wholly and completely surrounded by land within the municipal limits of Shakopee, WHEREFORE, The City Council of the City of Shakopee, Minnesota, Ordains: SECTION I: Annexation Petition accepted The City of Shakopee now formally accepts the Petition for annexation herein- before referred and which was previously filed. SECTION II: Correct description of land involved Correct description of the land involved is as follows: Beginning at the Northwest corner of the Southeast Quarter of the Northeast Quarter, Section 12, Township 115, Range 23; thence South 382.2 feet; thence east parallel with the south line of 10th Avenue 1416.3 feet to the east line of said South Ralf; thence north along said east line 232.95 feet to the northeast corner of said South Half; thence westerly along the north line of said South Ralf 1424.9 feet more or less to the point of beginning. SECTION III: Land Determined Suitable for Annexation It is determined by the City Council that the above described land is unincorp- orated property owned by Independent School District $720 and that the tract is uninhabited. That the tract is urban in character. SECTION IV: Land Annexed The above described land is hereby annexed to the City of Shakopee. SECTION V: Proper filing ordered It is further ordered that a certified copy of this Ordinance most be filed with the Municipal Board of the State of Minnesota, Suite 165 Metro Square, 7th and Robert Street, St. Paul, Minnesota 55101 and must be filed with Rose Menke, Clerk of Jackson Town Board, 1060 Oak Road, Shakopee, Minnesota and with the Auditor of Scott County, Scott County Court Nouse, Shakopee, Minnesota and with Secretary of State of the State of Minnesota, State Capitol, St. Paul, Minnesota, and with the Scott County Recorder, Scott County Court House, Shakopee, Minnesota. SECTION VI: Ordinance becomes final. This Ordinance shall become final on the date the Ordinance is approved by the Municipal Board of the State of Minnesota. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1988. ATTEST: Mayor of the City of Shakopee City Clerk Prepared and approved as to form this 3rd day of August, 1988. City Attorney . �lh MEMO TO: Mayor and City Council FROM: John X. Anderson, City Administrator RE: Adoption of an Ordinance relating to Official Map and their Effect and Providing Procedures in Connection Therewith DATE: August 11, 1988 Introduction The Shakopee City Council, at its July 19, 1988 meeting, directed the City Attorney to draft an ordinance establishing procedures for providing for "official maps" . The ordinance was to be based upon the draft provided by the League of Minnesota Cities. Background The City Attorney has drafted the attached Ordinance No. 251 in accordance with Council's directive. The City Attorney is recommending that the blank on the bottom of page one be filled in with the figure 35%. He is recommending that the word "may" in the third line in Section IV on page two be replaced by the word "shall". He is recommending that the blank in Section VIII and IX on page three and five be filled in with the word "Building Official" . And finally, that the blank in Section I on page four be filled in with the number seven which is the current number on our Board of Adjustment and Appeals. Council should also note that in Section IX on page four it refers to the Planning Commission reviewing proposals prior to action by the Board of Adjustment and Appeals. In Shakopee's case it will the same seven people serving on the Planning Commission and the Board of Adjustment and Appeals. This means that the item will appear on the Planning Commission agenda prior to the Board of Adjustment and Appeals agenda. This ordinance establishes the procedures for all future official mapping designations by the City and does not officially map any specific project. The official mapping for the downtown bridge and interchange improvements (mini by-pass) will come before Council as a separate item with a scheduled public hearing as prescribed in the attached ordinance. Alternatives 1. Approve Ordinance No. 251 as presented with the recommended insertions and changes. This will then establish an uniform procedure for all future official mapping procedures by the City of Shakopee. 2. Take no action and drop Ordinance No. 251. This alternative should be selected if Council feels that they should establish these procedures in each ordinance adopting an official map. 3 . Table Ordinance No. 251 if Council has questions or discussion items that need additional study. Recommendation I recommend alternative No. 1 for the reasons discussed above. Action Reouested Offer Ordinance No. 251, An Ordinance Relating to Official Maps and Their Effect and Providing Procedures in Connection Therewith, and move its adoption. JEA/jms ORDINANCE N0. 251 Fourth Series An Ordinance Relating to Official Maps and Their Effect and Providing Procedures in Connection Therewith THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Purpose Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to non-public uses which could have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this ordinance to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota Municipal Planning Act. Minnesota Statutes, Sections 462.351 to 462.36. SECTION II: Official Map defined "Official Map" as used in this Ordinance means a map adopted in accordance with this ordinance showing existing streets, proposed future streets and the area needed for widening of existing streets of the city. An official map may also show the location of existing future land and facilities within the City. An official map may cover the entire city or any portion of the city. SECTION III: Initiation of Proceedings Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by (1) a recommendation of the planning commission; or (2) action by the city council on its own initiative, recommendation or an advisory commis- sion, request of an outside governmental body, or petition of the owners of or more parcels of affected property. SECTION IV: Sketch maps and reports Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served. The council may request a report of the city engineer as to the feasibility of any construction involved. SECTION V: Reference to planning commission Except when proceedings have been initiated by recommendation of the planning commission, every proposed official map or change in a map shall be referred to the planning commission for advice and recommendation thereon, and such recommendation shall be submitted to the city council within 60 days after reference to the planning commission along with the report of the commission on the effect of the proposal on the comprehen- sive plan of the city. If no recommendation is received by the council from the planning commission within 60 days after reference of theproposal to the commission by the council, the council may take such action as it may deem proper upon the proposal without further action by the planning commission. SECTION VI: Notice and hearing Subdivision 1. Notice. Upon receiving the recommendation of the planning commission or after 60 days from the submission of the proposal to the planning commission without a recommendation from the commission, the council may call a public hearing on the proposal. A notice of the time, place, and purpose of the bearing and description or property to be included in the mapped streets and public grounds shall be published in the official newspaper at least 10 days prior to the date of the hearing. At least ten days prior to the hearing the clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice the owners shall be determined by the records of the county auditor and the notice shall be addressed to the last - 2 - l/ known address as shown by the auditor's records. Failure to serve any such notice shall not invalidate the proceedings. Sudivision 2: Hearing At the time and place specified in the notice, the council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time not exceeding 60 days without further notice. A final vote on the proposal shall be taken by the council within such 60 day period. SECTION VII: Preparation and filing of maps The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground, In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. The accuracy of the future acquisition lines shown on the official map shall be attested to by a registered land surveyor. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the officialmapor section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the county recorder. SECTION VIII: Effect After an official map has been adopted and filed, the issuance of building permits by the city shall be subject to the provisions of this ordinance. The shall deny every application for a permit to construct a new building or structure or expand or remodel an existing building or structure within any area designated on the official map for street or other public purposes. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the city, the city is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes. The adoption of an official map does not give the city any right, - 3 - /if/ title or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. SECTION IX: Appeals sxg{A�qq--��c.. Subdivision 1: The Shakopee City Council shall eet-hb�h a Board of Appeals and Adjustments for the purposes herein provided and the board shall consist of members for such term of office as the council may decide and shall be appointed from time to time by resolution. Subdivision 2: Whenever a building permit is denied pursuant to this ordinance, the board of appeals and adjustments may, upon appeal filed with it by the owner of the land, and after receiving the advice and recommendations of the planning commission, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, and (b) that balancing the interest of the city in preserving the integrity of the official map and of the comphresensive city plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. Failure of the planning commission to report on the proposal within 60 days after referral of the matter to it is deemed to be the recommendations and advice of the planning commission. The board of appeals and adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten days before the hearing. If the board authorizes issuance of a permit, it shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other board - 4 - or commission having jurisdiction shall have six months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the shall issue the permit if the application otherwise conforms to local ordinances. SECTION X: Penalty Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $700 or im- prisonment for a term not to exceed 90 days or both, plus, in either case, the costs of prosecution. Each day that a violation is permitted to exist constitutes a separate offense. SECTION XI: When in force and effect This ordinanee shall be in force and effect from and after the date it is published in the official newspaper. Adopted by the Shakopee City Council in session this day of 1988. Nayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 27th day of July, 1988. ?trney