HomeMy WebLinkAbout06/21/1988 7e&
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational items
DATE: June 16, 1988
1. Pursuant to Administrative Policy No. 118, SPUC is putting
up the American Flags on Highway 101 on Memorial Day, Flag
Day, Independence Day and Veterans Day. The limiting of the
days the flags are flown was implemented in 1986 when the
Chamber of Commerce banners required the moving of the flag
standards making the standards too high for City crews to
reach. SPUC crews agreed to take over the installation of
the flags on the more limited four holiday basis.
2. The Code Enforcement Officer, Howard Jones, has sited Calvin
TenEyck, 502 East 4th Avenue, for having a vehicle without a
current license (code #11.60 Subd. 2b) and exterior storage
of refuse and materials (code #11.60 Subd. 2a) . This
citation does not include his race car and extra vehicles.
He is again parking vehicles on the property so that they
are visible by everyone passing on 4th Avenue which is in
violation of prior agreements with the City. For you newer
Councilmembers this has been one of our on-going code
enforcement problems.
3. Attached is a bill we have sent to the Lions Club for the
extension of the Lions Park trail system. We are
accommodating the Lions Club who's fiscal year ends June
30th requiring that they expend more of their pull tab
earnings by that date.
4. Attached is the Fact Sheet that City staff has prepared for
public information when questions are asked about the
proposed Shakopee Community Center. Copies of the Fact
Sheet have been delivered to the newspaper and to the
project proponents so that the information disseminated by
both will be correct.
5. Attached is the Building Activity Report for the month
ending May 31, 1988. Note that the single family sewered
building permits through May of 1988 number 24 compared to 9
for the same period in 1987.
6. Attached is the Engineering Department Monthly Report for
the month ending May 31, 1988.
7. Attached is the Revenue and Expenditure Report as of May 31,
1988.
8. Attached are the minutes of the May 12, 1988 meeting of the
Energy and Transportation Committee.
9. Attached are the minutes of the May 9, 1988 meeting of the
Shakopee Public Utilities Commission.
10. Attached is a memo from Dennis Kraft regarding an update on
the Murphy's Landing consultant review activity.
11. Attached is a memo from Dennis Kraft regarding the Toro
Company Industrial Development Revenue Bond.
12. Attached is memo from the Suburban Rate Authority Counsel
regarding an update of Northwestern Bell Cases.
13. The Shakopee School Board, and its committee negotiating
with the City to resolve the new Tax Increment/School
Referendum Legislation, has apparently decided to
"negotiate" in public (see attached article from the 6/16/88
Valley News) . In addition, the School Board has called a
meeting of its "People Interested in Education" (PIE)
volunteers on June 22, 1988 to enlist their support. This
is the group that successfully passed the last three school
referendums including the March 8, 1979 mill levy. I am a
PIE member so I received the mailing and I plan to attend to
present our side of the issue if given the opportunity. The
June 22nd date falls 8 days before our second negotiating
session scheduled for June 30th.
14. Attached is the agenda for the June 22, 1988 meeting of the
Downtown Ad Hoc Committee.
15. Attached are the minutes of the June 8, 1988 meeting of the
Downtown Ad Hoc Committee.
JKA/jms
CITY OF SHAKOPEE
INCORPORATED 1870
129 EAST FIRST AVENUE,SHAKOPEE. MINNESOTA 5531&1076 (612) 445-3650
r
STATEMENT
June 15, 1988
Mr. Jim Menden
Lions Park Project Manager
Shakopee Lions Club
119 South Fuller Street
Shakopee, MN 55379
1988-1989 Lions Park Trail Extension including Pond Development
and Bridge Structure
Project Allocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20,000.00
1
J hn K. And on
ty Administrator
ity of Shakopee
The Heart of Progress Vallev
y
FACT SHEET
PROPOSED SHAKOPEE COMMUNITY CENTER
WHAT: On Tuesday June 28,1988 the voters of Residential Property Impact
the city of Shakopee will have the opportunity Resideptial properties would pay an average
to vote for or against the issuance of up to tax increase ranging from $6 per year
$1,500,000 in General Obligation Bonds for the ($0.50/month)for a house with an estimated
purpose of constructing a community center. market value of$50,000 to an annual tax in-
The community center as proposed includes a crease of$60 per year ($5 per month) for a
gymnasium, running track, meeting room house with a market value of$150,000. The
facilities aswell asan ice skating arena and would tax impact on the average value house in
be operated by the Shakopee Community Shakopee($70,000)would be$21 per year or
Recreation staff. Surveys of area communities $1.75 per month.
have indicated that comparable facilities may be
operated on an essentially breakeven basis.
IgE: This facility is proposed to be con- poSq E >;C TION PROCEDURE: After the
structed as a part of, and adjacent to the Min- election the Shakopee City Council will meet on
nesota Valley Mall in the western part of June 29 to canvas the votes. If the referendum
Shakopee on Highway 169. The facility and land passes the City Council may then issue up to
upon which it is built will be owned by the City $1,500,000 in bonds for project financing. Final
of Shakopee,not the mall owners. facility design and costs will be the result of
negotiations with the Essex Corporation, the
WHEN: If approved by the voters and the firm which is presently in process of purchasing
Shakopee City Council the facility will be con- the Minnesota Valley Mall.,
structed in 1988-1989 according to current Should the Essex Corporation and the City not
schedules.
reach an agreement the City is not obligated to
COST: Estimates by the City's financial consult- sell the bonds and proceed with the project.
ant have projected an average mill rate increase
to city taxpayers of 1.73 to 1.76 mills for a$1.5 mil-
lion project for 17 years.
MOREINFORMATION. To:Sobtain-more in-
Commercial Industrial Properties formation on this protect contact elther Dennis
Impacts on commercial and industrial Kraft of°John Anderson at the ShakopeeCity
property would range from$25 per year on a Hall at 129 EasI First Avenue;,(phone: 445- '
property with an estimated market value of 3650).
$50,000 to $98 per year for a property with a
value of$150,000.
� V
PROPOSED COMMUNITY CENTER
Track
O O
0 0
OIce Rink O Gymnasium o
Bleacher
Meeting
SIZE: The facility, as proposed, will include Rooms/ o
13,500 square feet in the existing shopping cen- Classes
ter building which will be devoted to community Locker Rooms, m
center space; a 43,400 square foot ice skating Concessions
arena/walking-jogging track structure and gym-
nasium. x
.
Lobby w
VOTE TUESDAY JUNE 28
Polls are open 7:00 a.m.to 8:00 p.m. Absentee Ballots are now available at City Hall
between the hours of 8:00 a.m. and 4:30 p.m. or
Polling places are: by mail. Call 445-3650. City Hall will also be
open for abentee ballots on June 25th between
1st -Fire Station 1:00 p.m. and 3:00 p.m. and on June 27th be-
2nd -Public Library tween 5:00 p.m. and 7:00 p.m.
3rd -Presbyterian Church
4th -Thrift Shop
5th- Christ Lutheran Church
CITY OF SHAKOPEE
BUILDING ACTIVITY REPORT
PERMITS ISSUED
May, 1988
Yr. to Date Previous Year
Number Number Valuation Number Valuation
Mo. Ytd.
Single Fam-Sewered 7 24 1,758,250 4 9 728, 300
Single Fam-Septic 2 6 634,800 3 7 807, 300
Multiple Dwellings - 2 216,800 - 7 645,500
(# Units) (YTD Units) (-) (4) - (-) (16) -
Dwelling Additions 12 28 150,553 13 28 164,545
Other - 1 2,500 1 8 65,600
Comm New Bldgs - - - 1 3 975, 000
Bldg. Addns 2 7 563,000 - 2 145, 000
Industrial-Sewered 1 1 915,000 - 1 600,000
Ind-Sewered Addns - - - - - -
Industrial-Septic - - - - - -
Ind-Septic Addns - - - - 1 160, 000
Accessory/Garages 4 7 78,500 3 12 73,328
Signs & Fences 6 21 32,974 9 24 50,360
Fireplaces/Wood Stove - 5 17,500 1 5 11,600
Grading/Foundation 1 1 500 - 3 5,900
Remodeling (Res) 4 10 39,150 1 12 82, 655
Remodeling (Inst) - - - - - -
Remodeling (Comm/Ind) 2 10 132,000 2 19 175,950
TOTAL TAXABLE 41 125 4,541,527 38 141 4, 691,038
TOTAL INSTITUTIONAL - - - - - -
GRAND TOTAL 41 125 4,541,527 38 141 4,691,038
No. Ytd. No. Ytd.
Variances - 5 1 6
Conditional Use 1 9 4 it
Rezoning - 1 1 -
Moving - 1 - -
Electric 17 102 17 68
Plbg & Htg 28 112 29 98
Razing Permits
Residential - 2 - -
Commercial - - - -
Total dwelling units in City after completion of all construction
permitted to date. . . . . . .4,219
Cora Hullander
Bldg. Dept. Secretary
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN MAY, 1988
7786 Void
7787 On the Level, Inc. 12271 Jasp'e�j Road House $ 58, 300
�Wa.0 1 1e
7788 Canterbury Downs 1100 Canterbury Rd. Alt. $ 5,000
7789 Valley Sign 8050 E. Hwy 101 Sign $ 1,000
7790 Geo. Grant Const. 4500 Valley Ind. Blvd. Ofc/Whse $ 915,000
7791 Amre 722 W. 6th St. Deck $ 4,550
7792 Void
7793 Duane Ferguson 1513 Co. Rd. 89 Fill $ 500
7794 Richard Logeais 3364 Marschall Rd. Stg. Bldg $ 12,000
7795 Enerjac Const. 3250 Mulberry Cir. Deck $ 6,500
7796 Robert Schilz 931 Bluff Ave. Addn. $ 20,000
7797 Kenneth Menden 1050 Sibley St. Addn. $ 30, 000
7798 G & J Builders 11285 Limestgne Dr. House $ 80, 000
7799 Rick McShane 12/57 Tyle Deck $ 1,260
7800 Woods & Water 502 E. lst Ave. Temp sign $ 50
7801 Clete Link RC1 B1250 Wi ve���House $ 79,800
7802 Ries Builders 960 Apgar St. Garage $ 6,800
7803 Earl Weikle 373 Canterbury Rd. Alt. $ 5, 000
7804 Harlan Haworth 5380 Eagle Creek B. Deck $ 1,875
7805 Gardner Brothers 6 rpHouse $ 54, 150
7806 Donelson Homes, Inc. gc/25611 eer/a«l-dd a House $ 74,000
7807 Void
7808 Northstar Auto Auction 7700 Hwy 101 Addn. $ 25,000
7809 Cragg Signs 600 Valley Ind. Blvd. Sign $ 3,164
7810 Jeff Ledel 1455 Lakeview Dr. Deck $ 1,500
7811 Dale Sorenson 1158 Monroe St. Fence $ 900
7812 North Valley Homes 1278 Maxir}e circle//le House $ 160,000
c
7813 Neisen Const. 327-337 Shawnee Tr. Deck $ 7,000
7814 Curtis McClintock 1055 Eastview Cir. Fence $ 250
7815 Town Builders 2621 Hauer Trail Deck $ 2,000
7816 Douglas Snell 906 E. 4th Ave. Alt. $ 400
7817 Donald Jeurissen 418 E. 2nd Ave. Deck $ 800
7818 Neisen Const. 312-318 Shawnee Tr. Deck $ 4, 000
7819 Steve Weckman 1408 E. 10th Ave. Repair $ 600
7820 Void
7821 Robert Bergmann 936 Spencer St. Garage $ 10,000
7822 Steven Lunning 2478 Hauer Trail Deck $ 750
7823 On The Level, Inc. 1142 Monroe St. Alt. $ 2, 500
7824 Am Family Bldrs 8293 Horizon Dr. Deck $ 450
7825 Richard Hennes 11 5�Menke Circle ' 3 House $ 90,000
—ret
D
7826 Steven Perry 2400 Onyx riveHouse $ 79, 100
�4y�/i�w ,
7827 D. E. Gilbertson 2078 Eagle Creek Blvd. Garage $ 8,500
7828 G.F. Juergens 2160 Hills de Drive House $ 100,000
ojs B7 erg
7829 G.F. Juergens 2351 He er Trail Repair $ 15,000
7830 Tom Hennen 230 Lewis St. Sign $ 350
MEMO TO: John K. Anderson, City Administra or
FROM: David Hutton, City Engineer
SUBJECT: Engineering Department Monthly Report for May
DATE: June 15, 1988
Attached is a progress status report as of June 14, 1988 for
projects that the Engineering Department is involved with. A
brief summary of proposed target dates for several projects is as
follows:
Upper Valley Drainage Proiect
Mn/DOT is currently processing their agreement based on the Phase
I construction being done in 1988. Plans are being revised to
reflect the phased construction. Condemnation proceedings on
several easements have started. Bids for Phase I construction
should be advertised by early July.
All permit applications have been sent to the various agencies
pertaining to the Mill Pond modifications to the plans
(Phase II) .
10th Avenue Overly
Mn/DOT is finalizing their review of the plans. Staff has been
notified by Mn/DOT Control Office that the tentative bid opening
date is July 18, 1988.
Vierlina Drive from County Road 17 Easterly to Hauer's 4th
The bid opening is scheduled for July 1 , 1988.
6th Avenue Sanitary Sewer
The bid opening is scheduled for July 1 , 1988.
Construction is Proceeding on the following Proiects:
o Downtown Streetscape
o Tahpah Park Football Field
o V.I.P. Sanitary Sewer
0 Meadows 1st Addition Subdivision
o Hauer' s 4th Subdivision and Vierling Drive
0 Heritage Place - Phase II
Railroad Crossings - Downtown
The material has been delivered and we are waiting for the C&NW
to install the crossings.
Monthly Report
June 15, 1988
Page 2
11th Avenue from County Road 79 to Minnesota Street
Plans are currently being prepared for this project by our
consultant.
Pavement Preservation Pronran
Staff is currently preparing the plans and specifications for the
overlay and seal coat program and going thru the street selection
process for this year's contract.
mini—Bypass
Staff is discussing preliminary design criteria with the
consultant . Council will be kept informed of any new
developments.
DH/pmp
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ENERGY AND TRANSPORTATION COMMITTEE
Regular Session Shakopee, MN May 12, 1988
Vice Chairperson Schmidt called the meeting to order at 7:00 P.M.
with Commissioners Kahleck, Roman, Spiotta and Schmidt present.
Commissioners Ziegler and Prudoehl were absent. Also present was
Barry A. Stock, Administrative Assistant.
Spiotta/Roman moved to approve the minutes of the April 14, 1988
meeting as kept. Motion carried unanimously.
Mr. Stock reported that in the past the City of Shakopee has
received funding from the Met Council through their household
rebate program and tonnage grant program to finance operational
and promotional costs associated with our curb side recycling
program. Last year the Metropolitan Council decided to
discontinue the household rebate and tonnage grant program. In
—'�-- - X98$.--the_—Metropolitan. . Council funds will be distributed to
counties through the Metropolitan Council local recycling
development grant program. Mr. Stock reported that these funds
are distributed to counties and redistributed to municipalities
upon the approval of the county boards. In order for the city to
receive the funds from the county it becomes necessary for the
city to enter into an agreement between Scott County and the City
of Shakopee for the disbursement of the grant funds to the City
of Shakopee. Mr. Stock noted that he has requested $2500 per
year to fund the recycling related expenses incurred by the City
in 1987 and 1988. The $2500 covers City administrative staff
time and costs associated with marketing the recycling program.
It also provides funding to off set the transportation costs
incurred by the Shakopee Area Catholic Schools in getting their
recyclable materials to market.
Commissioner Spiotta questioned whether or not the proposed
funding included any other financial reimbursement to the
recycling organizations participating in the program. Mr. Stock
stated that the agreement did not provide funding to be directly
disbursed to our recycling organizations. He also stated that
the funding and the proposed agreement was for costs incurred in
1987 and 1988. The City of Shakopee will be submitting another
application to Scott County later this year for funding in 1989.
Prior to that time, it would be appropriate for the Energy and
Transportation Committee to discuss recycling programs proposed
for 1989 and the amount of funds to be requested from Scott
County to implement those programs.
Spiotta/Roman moved to recommend to City Council that the
appropriate City officials be authorized to enter into the
recycling program agreement between the City of Shakopee and
Scott County. Motion carried unanimously.
Mr. Stock reported that in the 1988 Goals and Objectives the
Committee expressed a desire to amend the Committee's Enabling
Resolution making the Energy and Transportation Committee
responsible for reporting and recommending policies to City
council that relate to solid waste management issues.
Mr. Stock stated that in light of the fact that the Metropolitan
Council has approved the Solid Waste Management Development
Guide/Policy Plan and Scott County has adopted a solid waste
master plan which set forth policies, objectives and strategies
for reducing the amount of solid waste generated in the
Metropolitan Area, it would be prudent for the City of Shakopee
to become better informed of the pending solid waste issues that
will have a dramatic affect on our residents. Because the Energy
and Transportation Committee has had extensive experience in the
area of recycling and has been kept abreast of the solid waste
management issues that are on the horizon, staff is recommending
that the Enabling Resolution be amended- giving tire- Energy-a=
Transportation Committee responsibility for monitoring programs
which relate to solid waste management issues that affect the
community including refuse collection, recycling, waste abatement
and waste reduction.
Rahleck/Roman moved to recommend to City Council that the Energy
and Transportation Committee's Enabling Resolution be amended to
expand the responsibilities of the Energy and Transportation
Committee to include solid waste management. Motion carried
unanimously.
Mr. Stock reported that one of the goals set forth in the 1988
Goals and Objectives was to review and update the Transit
Policies that were adopted in 1984 to determine if they should be
amended at this time. Mr. Stock noted that he is recommending
that Policy #16 be amended deleting language providing that the
back-up vehicle on a rental basis. Mr. Stock noted that the Van
Pool Contractor has informed him that the contractor's insurance
does not cover individuals who sublease the vehicles from the
City of Shakopee. In order to not expose the City to any
liability, staff is recommending that the practice of leasing van
pool vehicles to Shakopee residents be discontinued at this time.
Commissioner Rahleck questioned the cost incurred by the City in
providing the back-up vehicle. Mr. Stock noted that it cost the
City approximately $600 per month. She then questioned how the
City was removing themselves from any liability by having this
vehicle. Mr. Stock noted that the policy as worded is misleading
and that it would seem to state that the City owns the back-up
vehicle. He stated that the City of Shakopee leases this vehicle
from Van Pool Services. He suggested that the first sentence of
the policy be changed to read, "The contractor shall provide one
12 or 15 passenger vehicle to the City which shall be used as a
back-up to the Van Pool Program. "
Commissioner Schmidt questioned whether or not it was necessary
for the flex pool drivers to contact WCCO or KSMM to announce
route cancellations in the event of inclement weather. She
stated that in her opinion this was not necessary. She therefore
recommended that the sentence in the policy referring to the
responsibility of the flex pool driver to contact WCCO and KSMM
radios be deleted. Commissioner Kahleck questioned the wording
of Van Pool Policy #17 relating to the drivers discretion in
leaving work early in the event of inclement weather. Mr. Stock
stated that several words have been left out of this section and
it should read, "Conversely, a Van Pool driver may determine at
his/her discretion if it's appropriate to make the return trip to
Shakopee prior to the normally scheduled time. "
Roman/Kahleck moved to approve the Van Pool Policies as amended.
Motion carried unanimously.
Mr. Stock reported that he has not completed a draft of the
transit mission statement. He stated he would have a draft at
our next meeting.
Mr. Stock then reviewed the Dial-A-Ride monthly report and
Saturday Service report. He stated that next month the Committee
will be evaluating the Dial-A-Ride Saturday Service and
determining whether or not it should be continued.
Mr. Stock then reviewed the Van Pool monthly report.
Mr. Stock then gave a brief update on the Home Energy Check-up
Program. He reported that the inspector has completed
approximately 20 audits at this time. He also cited several
reasons why more audits haven't been completed including the
following:
1. Scott/Carver Cooperative has a energy audit program in
place and is meeting the needs of those persons on fuel
assistance.
2. The auditor has not had adequate time to complete all
the audits.
3. The public has the perception that the program is only
available to low income persons. To increase program
participation, Mr. Stock noted that the Department of
Energy and Economic Development may be willing to
extend our Community Energy Council Grant for another
year. This would give us the opportunity to hirer an
independent auditor to complete audits on a contract
basis. Mr. Stock also noted that he will no longer be
including on the ads that the program is only available
to qualified applicants. The feasibility of extending
the DEED Energy Council Grant will be discussed in
greater detail at next months meeting.
Mr. Stock also noted that at next months meeting we will be
discussing the feasibility of extending our current Dial-A-Ride
contract. Commissioner Spiotta questioned whether or not there
was contract language providing for such an extension. Mr. Stock
stated that the one year option has already been exercised.
Therefore, he will have to obtain an opinion from the City
Attorney to determine whether or not we can simply extend the
contract. Mr. Stock stated that he is considering a Dial-A-Ride
contract extension rather than rebidding due to the extensive
amount of time that is involved in rebidding. The current Dial-
A-Ride contractor has also stated that he is willing to extend
the contract at our current contract price.
Commissioner Schmidt questioned the impact on Southwest Metro's
Dial-A-Ride Program if our contract expires next April. Mr.
Stock noted that if we do have to rebid the Dial-A-Ride Program,
it is likely that we will include the Southwest Metro's Service
Area in our bid specifications. Southwest Metro would then
contract with the City of Shakopee for the Dial-A-Ride services
as they are now doing.
Commissioner Spiotta questioned the benefit that the City
receives from contracting our Dial-A-Ride Service to Southwest
Metro. Mr. Stock stated that the City receives an administrative
fee and the possibility exists of decreasing the bid price due to
the larger service area and additional need for vehicles.
Rahleck/Roman moved to adjourn the meeting at 8: 00 P.M. Motion
carried unanimously.
Barry A. Stock
Recording Secretary
MINUTES
OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
The Shakopee Public Utilities Commission convened in regular session
on May 9, 1988 at 4:30 P.M. in the Utilities meeting room.
MEMBERS PRESENT: Commissioners Cook, Kephart and Kirchmeier. Also
Liaison wampach, Manager VanHout and Secretary Menden.
Commissioner Cook took his seat as President of the Commission.
Motion by Kephart, seconded by Cook to approve the minutes of the
April 4, 1988 regular meeting as kept. Motion carried.
Motion by Kirchmeier, seconded by Kephart that the minutes of the
May 2, 1988 regular meeting be approved as kept. Motion carried.
A communication from John T. Sandager, Attorney at Law regarding a
routine matter on an electric bill was acknowledged.
Mr. Jerome Jaspers and Mr. Jim Strefland from Jaspers Strefland and
Co. were present to present the 1987 audit.
Motion by Kephart, seconded by Kirchmeier to approve and accept the
1987 audit. Motion carried.
Liaison Nampach questioned the Commission as to the demand billing for
the Valley Ice Arena. Seasonal demand rates were discussed.
Motion by Kephart, seconded by Cook to authorize Manager VanHout to
purchase a replacement truck for the Superintendent not to exceed $11,600.00
and to meet specifications. Motion carried.
Motion by Kirchmeier, seconded by Cook that Shakopee Public Utilities
Commission investigate a comprehensive and routine hydrant flushing program
as soon as possible and to hire additional help if necessary and the Manager
report back to the Commission with a cost analysis. Motion carried.
There was one new plat for April called Meadows Addition located on
Spencer St. So. of 11th. Ave, presented by Manager VanHout.
There were 7 fire calls for 5 hours and 50 minutes for the months of
March and April, 1988.
There were no lost time accidents for April 1988.
The next regular meeting will be held on June 6th, 1988 in the Utilities
meeting room at 4:30 P.M.
Notion by Kephart, seconded by Kircbmeier that the meeting be adjourned.
Notion carried.
ar
Barbara Menden, G� �ifs Secretary
MEMO TO: Shakopee City Council
FROM: Dennis R. Kraft, Community Development Director
RE: Update on Murphy's landing Consultant Review Activity
DATE: June 14, 1988
Mr. Ron Nelson, the consultant hired to perform an
evaluation of the operation of Murphy's Landing was in town last
week and visited the Murphy's landing site and also spoke to
members of both the Minnesota Valley Restoration Project Board
and members of the Scott County Historical Society Board. Mr.
Nelson indicated that his work in this area is completed and that
he will be submitting a written report to the City on his
findings and containing his recommendations within the next 10
days to 2 weeks.
Once this information has been received it will be
transmitted to the city Council for subsequent action.
MEMO TO: Shakopee City Council
FROM: Dennis R. Kraft, Community Development Director
RE: Proposed Second Amendment to the Loan Agreement with
the First Bank National Association and the Toro
Company Relating to the City of Shakopee's $3 ,500, 000
Industrial Development Revenue Bond, Series 1985 (the
Toro Company Project) .
DATE: June 15, 1988
As of January 28, 1988 a second amendment was made to the
above mentioned industrial development revenue bond. The
proposed amendment was submitted to the City of Shakopee on June
13, 1988 for execution by the City Clerk. There is no formal
action that the City of Shakopee needs to take on this loan
agreement. The City previously gave up it's right to approve or
deny the first amendment so the same action would be not allowed
for the second amendment.
While the bonds bear the name of the City of Shakopee, the
City of Shakopee has no obligation whatsoever for the repayment
of either principle or interest on the bonds and lack of payment
on the bonds would in no way affect the credit rating of the City
of Shakopee.
No action is needed on this item.
LeFerere
Lefler
Kennedv
O'Brien &
Dretcz
t,..Wim-
M E M O R A N D U M
2000 First Bank Place West
Minneapolis TO: SRA BOARD OF DIRECTORS
Minnesota 55902
Telephone(512)333-050.9 FROM: SRA COUNSEL
Tekecrpler,(512)3330590
Clayton L. LeFevere RE: NORTHWESTERN BELL CASES UPDATE
Herbert P.Letter
J. Dennis O'Brien
John E.DireDATE: APRIL 20, 1988
David J. Handy
Joseph E.. nn Hamilton
Jobn B. Dean
Glenn E.Purdue The following is an update on several Northwestern Bell
Richard J.SohieHer matters.
Charles L. LeFevere
Herbert P.Lefler III
James J.Thomson,Jr. 1. Metropolitan Extended Area Service ("EAS") .
Thomas R.Gah
Doyle Nolen Background. The EAS proceeding represents the most
Johne B.Schim significant telephone rate design case for SRA
Stevan B.strornm 9 P g
Jamas M.Strommen members since the Tier System was instituted in
Ronald H.Barry 1980. In the EAS proceeding the Commission is
William P.Jordan
William R.Skellerud examining whether 16 petitioning telephone service
Rodney D.Anderson areas, presently located outside the Twin City
Corrine A.Heine metropolitan local calling area, should be allowed
David D. Beaudoin to become art o£ the metro calling area. The
Steven M.Tallen P g
Mary Frencee Skala Commission has expressly included an examination of
Christopher J. Hamsrhal the Tier System as part of this proceeding. At
Timothy J. Pawkmy
Rolf A.Bernheim stake for SRA members are issues of whether or how
Jolie A.Bergh much geographical location within the Twin City
Darcy L.Hhesrnan metro calling area should influence telephone rates
David C. Robed and whether the metro local callingarea should
Karen A.Chamedik
Ped D.Beertxhi expand. The SRA Board authorized intervention and
resolved to oppose the perpetuation and expansion of
the Tier System, to support equal rates by customer
class throughout the metro local calling area, to
recommend a study of actual cost of service of the
metro local calling area.
EAS Proceeding. Direct testimony was filed in
November of 1987 for Phase I of the three-phase
proceeding. Significant SRA participation has been
necessary to frame the issues in the proceeding and
cross examine witnesses of Northwestern Bell regard-
ing the technical changes that have resulted in the
metro local calling area in the last ten years.
2
March 24, Bruce Nawrocki testified for the SRA in
EAS evidentiary wings. Be represented the SRA
op s tion opposing any expansion or perpetuation of
the Tier ys�.His testimony regar ng the need
or a study of the Tier System has been deferred to
Phase III of this proceeding, when cost data is to
be available. Phase III will take place some time
later this year or early next year. The SRA has
been allowed, however, to cross examine witnesses on
e operation an network of the Twin City local
caallIFi area. A record has acedy been established
suggesting the needo�ination of theTier
Sys em. vi ence is now on the recor of signifi-
cant network trunking and switching equipment
changes, affecting cost of service in each wire
center. No decision on the Tier System will be made
until the conclusion of Phase III, however.
2. Other Matters.
Minnesota Attorney General v. Northwestern Bell. By
Order dated March 21 , 1988, the Minnesota supreme
court cleared the way for a $40 million lawsuit
brought by the Attorney General's office against
Northwestern Bell for a refund of telephone rates
paid by Minnesota customers from July 1984 through
April 3, 1987. This lawsuit was filed as a direct
result of the improper contacts by Northwestern Bell
officials on Minnesota Public Utilities Commission
members during their general rate case deliberation
of 1984. The Commission lowered Bell's rates,
prospectively from April 3, 1987. The Commission is
powerless to order retroactive rates which would
provide refunds.
The SRA position on tier ratios has had a signifi-
cant a act on present ratesand on UF---of
refund a will be received by- tier customers in
the event the Attorney General is successfulin his
lawsuit. Unless a settlement is reached between
Bell and the Attorney General, ere -will be no
final resolution on His case for some months, if
not years.
Racketeering Charges Against Bell. On March 22,
1988, the United States Supreme Court agreed to
decide whether telephone users as a class may sue
Bell under a federal racketeering and corrupt
organization statute. This lawsuit was brought in
federal district court in 1987 and was dismissed.
It also arises out of the contacts Bell officials
had with Commission members during their delibera-
tions on the 1983 general rate case. The Supreme
Court decision will only determine whether such a
case can be brought in federal district court. If
3 _ / v
Bell loses this appeal, it again may take years
before a result is reached in the lawsuit.
We presume that a successful appeal and lawsuit on
behalf of telephone users could result in certain
refunds to Bell customers, over and above that which
may be obtained as a result of the Attorney General
lawsuit. If Bell wins this appeal the case is
r.tosed.
0060me02.h37
21
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Note Meeting Time: 7:45 A.M.
TENTATIVE AGENDA
Downtown Ad Hoc Committee
City Hall Council Chambers
June 22, 1988
Chrmn. Laurent Presiding
1. Call to Order at 7:45 A.M.
2. Approval of Agenda
3. Approval of the Minutes - June 8, 1988
4. Downtown Mini By-Pass Design
5. Downtown Redevelopment Action Plan
6. Informational Items:
a.
b.
7. Other Business
a. Next Meeting: July 6, 1988
b.
8. Adjourn
Barry A. Stock
Administrative Assistant
CITY OF SHAKOPEE
IF YOU ARE UNABLE TO ATTEND THE MEETING
PLEASE CALL BARRY OR TONI AT 445-3650 TO LET THEM KNOW
16
PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE
REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 8, 1988
Chairman Laurent called the meeting to order at 7:55 am with
Commissioners Ruben Ruehle, Melanie Kahleck, Gary Laurent, Bill
Wermerskirchen, Terry Forbord, Joe Topic, and Jerry Wampach
present. Absent were Commissioners Mary Keen, Sheila Carlson,
Jim Stillman, Harry Koehler, and Ex-Officio member Tim Keane.
Also present was Barry Stock, Administrative Assistant.
Chairman Laurent asked if there was any additions to the agenda.
The following items were added to the agenda. Scott County HRA
and the use of the former Women's Correctional Facility and
watering of the downtown trees.
Forbord/Wermerskirchen moved to approve the agenda as amended.
Motion carried unanimously.
Forbord/Kahleck moved to approve the minutes of the May 11, 1988
meeting as kept. Motion carried unanimously.
Mr. Stock noted that at our last meeting we briefly discussed the
difficult time the Downtown is having in attracting businesses.
With the completion of Phase I, Part I of the Downtown
Redevelopment Project and Phase I, Part II scheduled for
completion this fall, staff felt that it was important for the
Committee to discuss in detail a specific action plan for the
Committee that will encourage and promote development in downtown
Shakopee. Mr. Stock then reviewed the problems that he is
experiencing in attempting to put together development packages
for potential businesses. He noted the following items:
1) There were few large partials reasonably priced.
2) Majority of the buildings are in poor condition and in
many cases are considered a liability by business
prospects.
3) The interior designs of many of the downtown structures
do not meet the market expectations of todays shoppers.
4) The City Council's commitment to redevelopment in the
downtown area has been inconsistent at times.
Chairman Laurent questioned whether or not these items were
comments that staff has received from potential developers. Mr.
Stock responded in the affirmative. Discussion ensued on the
location of the competition for downtown Shakopee. Mr.
Wermerskirchen stated that the square foot cost for renting
retail space in downtown Shakopee is significantly lower than the
areas that compete with downtown Shakopee and that this is an
issue we should market. Mr. Wermerskirchen then questioned what
the City Councils position would be on acquiring large parcels
for redevelopment in the downtown area. Mr. Wampach stated that
he could not speak for the entire Council but that in his opinion
he felt the City should begin taking an aggressive approach to
acquiring certain parcels in the downtown area as they become
available. Mr. Wampach stated that in his opinion one of the
major factors why the downtown is not attracting businesses was
because of the taxes. Mr. Wampach also stated that he felt it
Ad Hoc Committee
June 8, 1988
Page -2-
was just a matter of time before the downtown would begin to
develop. Mr. Stock then reviewed several items that he felt the
committee should discuss. First, he suggested that the committee
create a downtown development sub-committee to investigate and
research alternatives. If this alternative was pursued, it would
mean less frequent full committee meetings. The sub-committee
would report their findings and recommendations to the full
Downtown Ad Hoc Committee for final review and approval.
Mr. Stock noted that a market analysis would be included in the
comprehensive plan update. However, the market analysis would
not be completed until sometime next year. Mr. Stock also felt
that it was important for the City to develop a property
inventory of the parcels and rental and acquisition prices. A
prioritized list of sights forpotentialCity acquisition should
also be developed.
Mr. Stock stated that the Shakopee HRA will also play an active
role in the sight package/deal assembly and development of
requests for proposals. Mr. Stock stated that either direct or
indirect target marketing should be considered.
Discussion then ensued on the potential construction of a
community center at the mall. Mr. Wermerskirchen stated that he
felt that the community center would not have that great of an
impact on the mall. Comm. Kahleck stated that regardless of what
happens at the mall, the downtown committee should attempt to
develop a focus for the downtown. She went on to state that when
she was located in the downtown she came across all the problems
that staff had listed earlier. She then cited the problem of
absentee owners or persons who have owned the buildings for a
long period of time and do not care to improve them. She stated
that while she did not like a mandatory code enforcement program,
she felt that it was the only way to encourage these types of
property owners to improve their structures.
Mr. Forbord stated that the type of businesses that would
consider Shakopee are not the types of businesses that would also
be considering Eden Prairie. He felt that the downtowns primary
source of competition was from within the community. Mr. Forbord
went on to state that he felt the downtown merchants would have
to come to grips with the fact that a rental price of $4 . 00 per
square foot is not the real world. If they continued to think
that $4 .00 per square foot is all they can afford, then it is
likely that downtown Shakopee will remain in its present
condition for quite some time. Mr. Forbord also stated that if
the buildings are to be fixed up in the downtown area, the
property owners are going to have to pass on the cost of the
improvements to the renters. Mr. Forbord also stated that when
the Downtown Committee understood that even after the completion
of all phases of the downtown improvement project it would likely
Ad Hoc Committee
June 8, 1988
Page -S-
take three years before we would really start to see people take
a closer look at our community or the relocation of a retail
establishment. He felt that what we should be doing now is
working on a foundation of how we are going to stimulate and
control development in the downtown. area. He felt that the
committee should work on those things that they have control over
and also to work with the City Council, HRA and Staff in
developing a package that can be used to solicit development
proposals. Mr Forbord stated that he felt it was important that
when new businesses look at developing in the downtown area we
should look at their long term existence and not the short term
benefit that would be accrued.
Mr. Stock stated that the committee should look at what we have
in the downtown at this time and what would attract people in the
future. He stated that in his opinion the downtown lacked a key
attraction that has drawing power. He suggested that the
committee look at specific target businesses such as antique
shops or that the committee investigate entertainment features
that would attract people and businesses to the downtown. He
suggested that on street arts and crafts vendors as an example of
what might attract tourists to the downtown area. Another
example could be performers such as the Renaissance Players or
entertainment from Valleyfair that could occur in the downtown on
regularly scheduled basis during the summer. Mr. Stock stated
that the committee should try to be creative in what will attract
people to the downtown area. We somehow have to establish that
competitive edge that will attract businesses to our community.
Mr. Wermerskirchen concurred with staff and stated that he felt
it was important for the Downtown Committee to develop an idea
(attraction) that will attract people to the downtown area and
then retail will follow.
It was the consensus of the committee that staff should pursue
developing a property inventory of the downtown parcels.
Prioritize site identification and the potential development of a
request for proposal for an area in downtown Shakopee also
received support from the committee. There was also some
consensus that the Merchant Association should somehow be
activated. The Merchants Association would be comprised of the
retailers in the downtown area who would meet and discuss items
such as store hours, special events, and alternatives in from
merchandising the downtown area.
Mr. Laurent questioned the benefit of having a sub-committee
address alternatives for promoting the downtown as compared to
the full Downtown Committee. Mr. Stock stated that he felt a
sub-committee could address in a more timely fashion potential
alternatives for the downtown. The sub-committee would simply
recommend a plan to the full Downtown Committee and Mr. Stock
felt that it would be less time consuming for the majority of the
committee members. Comm. Kahleck spoke in support of the sub-
committee concept stating that the committee as a whole cannot Ad
Hoc Committee
June 8, 1988
Page -4-
adequately address all the issues in the short time period that
we meet. Discussion ensued. Mr. Wermerskirchen suggested that
rather than creating a sub-committee at this time that the
committee meet on a by-weekly basis until a plan of action has
been developed. Discussion then ensued on the best way to market
the downtown area. '
Forbord/Wermerskirchen moved that the full Committee meet on a
by-weekly basis during the summer months until and that
discussion be limited to the work items that have been discussed
and that the committee try to take advantage of the advertising
vehicles that are available such as the Real Estate Journal.
Motion carried unanimously.
Chairman Laurent stated that at the request of the Downtown
Committee he sent a letter to Mayor Lebens requesting a joint
meeting of the Downtown Committee and City Council to discuss the
future direction of the Committee and downtown redevelopment. He
stated that he had not received a response from Mayor Lebens at
this time but that he would call her to determine the status of a
potential joint meeting.
Mr. Stock reported that the downtown sign would be erected within
the week. Mr. Stock also reported on the House of Hoy lot
improvements and went on to state that grass seed would likely be
planted later this fall.
Mr. Stock then reported that at the Council meeting on June 7,
1988 the Scott County HRA requested Shakopee HRA approval to
acquire the former Women's Correctional Facility site. The
Shakopee BRA approved the concept of acquisition under the
condition that if the site were to be developed as a Scott County
Correctional Facility that the City of Shakopee be granted final
authority on the use of the site.
Mr. Stock stated that the contractor for the downtown
redevelopment landscaping neglected to water the trees in the
downtown area. Mr. Stock noted that there was a separate bid
item in the downtown redevelopment contract for watering. He
also noted that the contractor agreed to maintain the plantings
for one year. If the trees in the downtown die, Mr. Stock felt
that the contractor would be responsible. In the meantime, the
committee suggested that a watering policy be developed for
downtown merchants.
Kahleck/Wermerskirchen moved to adjourn the meeting at 9:15 a.m.
Motion carried unanimously.
Recording Secretary
Barry A. Stock
ADH06-8
TENTATIVE AGENDA
ADJ.REG.SESSION SHAKOPEE, MINNESOTA June 21, 1988
Mayor Dolores Lebens presiding
1] Roll call at 7:00 P.M.
21 Reading by Mayor Lebens of City's Non-Discrimination Policy
31 Recess for H.R.A. Meeting
41 Re-convene
51 Liaison Reports from Councilmembers
61 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
7] Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
*8] Approval of Minutes of May 17, 1988
9] Communications:
*a] Jim Plekkenpol re: resignation from Community Develop-
ment Commission
*b] John Rutford, Metropolitan Council re: Hennepin County
application for State Bridge Funds CSAH 18
c] Robert Vierling re: gun permits (the Police Chief's
response of March 29, 1988 is still valid)
10] Public Hearings:
7:30 P.M. - Improvements to Market Street from 1st Ave. to
Bluff Ave. by street construction and storm
sewer - Resolution No. 2914
11] Boards and Commissions: Planning Commission:
a] Final Plat of Prairie Estates - property lying South of
11th Ave. , West of CR-17 and East of Meadows 1st Add'n.
- Res. No. 2915
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TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Special Meeting June 21, 1988
Chairman Steven Clay presiding
1. Roll Call at 7 :00 P.M.
2. Resolution Authorizing the Scott County HRA to handle
the housing duties of the HRA in and for the City of
Shakopee
3. other Business
a.
b.
4 . Adjourn
Dennis R. Kraft
Executive Director
MEMO TO: Shakopee Housing and Redevelopment Authority
FROM: Dennis R. KraftRE: , Executive Director
Approval of Resolution Authorizing the Scott County
Housing and Redevelopment Authority to Handle the
Housing Duties of the Housing and Redevelopment
Authority in and for the City of Shakopee
DATE: June 15, 1988
INTRODUCTION•
The attached resolution allows the Scott County Housing and
Redevelopment Authority to provide housing for low and moderate
income persons within the City of Shakopee.
BACKGROUND:
Chapter 473 of the Minnesota Statutes provides that the
Scott County Housing and Redevelopment Authority cannot exercise
jurisdiction in the City of Shakopee unless the Shakopee Housing
and Redevelopment Authority specifically requests and authorizes
this action. The Scott County Housing and Redevelopment
Authority is in the process of making application to access
approximately $lo million through the State Single Family Housing
Mortgage Revenue Bond Pool which will be allocated on a county
wide basis. This program will allow below market rate interest
financing for first time home buyers within the City of Shakopee.
This program will allow additional younger families to purchase
single family houses within Shakopee.
ALTERNATIVES•
1. Approve the resolution authorizing the Scott County Housing
and Redevelopment Authority to handle the housing duties of
the Housing and Redevelopment Authority in and for the City
of Shakopee.
2. Do not authorize this resolution at this time.
RECOMMENDATION•
It is recommended that the Shakopee HRA approve the attached
resolution.
ACTION REQUESTED:
Move to approve Resolution #88-2 authorizing the Scott
County Housing and Redevelopment Authority to handle the housing
duties of the Housing and Redevelopment Authority in and for the
City of Shakopee.
Resolution #88-2
THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF Shakopee
RESOLUTION AUTHORIZING THE SCOTT COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY TO HANDLE THE HOUSING
DUTIES OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN
AND FOR THE CITY OF Shakopee
WHEREAS, The Scott County Housing and Redevelopment Authority (the
"County Authority") was established pursuant to Laws of Minnesota for 1974,
Chapter 473 ("Chapter 473"); and
WHEREAS, Chapter 473 provides that the County Authority shall not
exercise jurisdiction in any municipality where a municipal housing and
redevelopment authority is established unless the municipal housing and
redevelopment authority has requested the County Authority to handle the housing
duties of the municipal authority; and
WHEREAS, The Housing and Redevelopment Authority in and for the City of
Shakopee (the "City Authority") has determined that it is in the
best interest and for the public benefit and welfare of the City of Shakopee
that the County Authority handle the housing duties of the City Authority;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City Authority hereby requests the CountyAuthority to handle
the housing duties of the City Authority within the City of Shakopee
2. As a result of such request pursuant to Chapter 474, the County
Authority shall act and have exclusive jurisdiction for housing in the City of
Shakopee pursuant to the provisions of the Municipal Housing and
Redevelopment Act. The foregoing transfer of duties relating to housing shall not
affect any transfer of duties relating to redevelopment from the City Authority to
the County Authority.
Adopted this day of , 1988.
ATTEST:
Chairman
SCOTT COUNTY HOUSING & REDEVELOPMENT AUTHORITY
16049 FRANKLIN TRAIL S.E.#104 ■ PRIOR LAKE,MINNESOTA 55372 ■ (612)447,8875
June 13, 1988
Dennis Kraft
Shakopee City Hall
129 E. 1st Avenue
Shakopee, MN 55379
Re: Chapter 473 Jurisdictional Com liance
Regarding the Count -wide Single Family
Home Mortgage Revenue Bond Program
Dear Mr. Kraft,
As you are aware the Scott County Housing and Redevelop-
ment Authority is in the process of making application to
access approximately $10, 000,000 through the State Single
Family Housing Mortgage Revenue Bond pool to be allocated on
a county-wide basis.
Because your municipality has an existing H.R.A. , it is
necessary for that H.R.A. to adopt a resolution (enclosed)
requesting the county H.R.A. to exercise jurisdictional
authority in order for your municipality to participate in
the county-wide program. I would appreciate your H.R.A. acting
on this matter at their next meeting, A certified copy of the
approved resolution should then be mailed to the Scott County
Housing and Redevelopment Authority address as it appears on
this letterhead at the earliest possible date.
Thank you for your cooperation in this matter.
Sincerely
W'/ i�Jaffa
Executive Director
WIJ/hgp
cc: H.R.A. Commissioners
D MAYNARD HARMS, BELLE PLAINS,DISTRICT I
MARIETTA S ENDER ,NEW PRAGUE,DISTRICT II
MARJORIE HENDERSON,SHAKOPEE, DISTRICT 111
I ED GREGORY,PRIOR LAKE,DISTRICT IV x�
SYLVESTER WACKER.SAVAGE, DISTRICT V _
SRI
muu xxunxx
Equal Opportunity Employer 0"WITURRY
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ REGULAR SESSION SHAKOPEE, MINNESOTA MAY 17, 1988
Mayor Lebens called the meeting to order at 8:00 p.m. with Cncl.
Clay, Scott, Vierling, and Zak present. Cncl. Wampach was
absent. Also present were John K. Anderson, City Administrator;
Dennis Kraft, Community Development Director; Judith S. Cox, City
Clerk; Douglas Wise, City Planner, Julius : Coller, City Attorney
and Bob Schmidt County Assessor.
Liaison Reports were given by Councilmembers.
Mayor Lebens asked if there was anyone from the audience who
wished to address anything not on the agenda. There was no
response.
Vierling/Clay moved to approve the consent business.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried.
Vierling/Clay moved to approve the minutes of the May 2, 1988
meeting. (Approved under consent business) .
The City Administrator commented on a letter received from the
law office of Krass & Monroe regarding the discussion of the
Assistant City Attorney's fees. There was a general discussion
by Council and Staff regarding the letter.
Vierling/Scott moved to receive and file the letter dated May ii,
1988 from Phillip Krass. Motion carried unanimously.
The next item on the agenda was the continuation of the Board of
Review. The County Assessor grouped together items 7a thru 7d
and 7f which are the properties of Clete Clay and Furrie
Corporation.
Parcel numbers are:
27-004-012-0, 27-118-003-0, 27-120-002-0, 27-120-003-0 and 27-
087-009-0.
The County Assessor stated that a study was done on various
vacant lots in the Cities of Prior Lake, Savage and Shakopee.
After checking sales of similar properties in all the cities it
was arrived at an average ration of between 50% to -60% of market
value as of the date of sale. Total number of sales invoiced
totalled eight.
There was continued discussion on this item.
Mr. Bob Turek commented to the Council on Residential/Commercial
properties.
city Council
May 17, 1988
Page -2-
Mrs. Dubois also commented to the Council. She stated the
residential areas should be considered different if homes are not
selling as rapidly because of market values.
Scott/Zak hold the 1987 tax rates./market values on vacant
commercial properties or until the consultant comes in with a
fair and equitable solution for all concerned.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
The County Assessor then commented on the following parcel.
Parcel # 27-041-081-0 Owner: Gerald Schmidt
Address: 1041 S Legion Street.
The property is a 1 story home built in 1982, with 1064 square
feet, with a full basement and 1 room finished. It also has an
attached 24 x 26 garage and central air/walkout. The total
structural value is $49,700, lot value $22,100 with a estimated
market value of $71,800. County Assessor Schmidt stated that on
June 11, 1985 the Shakopee Board of Review reduced by 5% three
1985 estimated market values on homes located adjacent to the
Maplewood Townhouses.
Mr. Gerald Schmidt commented to the Council. He stated that he
would be satisfied with what ever the Council would make.
Clay/Vierling moved to adjust the evaluation of Parcel #27-041-
081-0 by reducing it by 5% as we did with the other homes in
1985. Motion carried unanimously.
The County Assessor then commented on additional parcels that he
was asked to check into last week. Mr. Mike Notham's property
was to be checked into as to the ratio on twin home sales. What
he found was that the 2 story twin homes were higher than the one
story, and that this has been adjusted.
Stella Jacobs, Parcel 27-035-002-2, 1453 E Shakopee Ave commented
on here property.
The County Assessor asked that she come into his office and they
would go over her increases.
Mr. Joe Noterman, 1235 W 4th Ave commented on apartments values
being raised.
The County Assessor stated that he would meet with the 2
residents and bring back the results before the board.
City Council
May 17, 1988
Page -3-
Tony Noterman also commented to the Council on the amount of
taxes being paid out in the City of Shakopee.
Glen Graver 919 West 5th Avenue, Shakopee, also commented.
Mrs. Jane Dubois asked if a depreciation factor was used. The
County Assessor responded, Yes, depending on the condition of the
house.
Maggie Kline commented on the sale of a town home that was on the
market for over a year.
It was the consensus of the Council that the County Assessor
would meet with the residents that had comments/concerns and that
he would get back to the City Administrator, if all items could
be resolved prior to Monday, May 23, 1988 the Council would not
meet and would approve the Board of Review findings. If they
could not be resolved they would continue to May 24, 1988.
Vierling/Scott moved that the findings of the Board of Review be
approved and sent to the County Auditor for certification as of
May 27, 1988. Motion carried unanimously.
The City Planner then commented on the preliminary and final plat
of Hukriede's 1st Addition, located upon property at 2384
Marschall Road. He stated that the Planning Commission passed a
motion recommending to the City Council the approval of the
preliminary and final plat subject to conditions on May 5, 1988.
The conditions were as follows:
1. Approval of the title opinion by the City Attorney.
2. Execution of a Developer's Agreement for construction
of the required improvements:
a. Payment in lieu of land dedication for park
purposes shall be required.
3. Both lots must be served by the existing access. An
access agreement providing for the use and maintenance
of the common access shall be recorded with both lots.
Clay/vierling offered Resolution No. 2893 Approving The Final
Plat For Hukriedes First Addition, and moved its adoption.
Motion carried unanimously.
Scott/Vierling moved for a 5 minutes recess. Motion carried
unanimously.
Zak/Scott moved to reconvene the meeting at 9:35 p.m. Motion
carried unanimously.
City Council
May 17, 1988
Page -4-
The Community Developer Director then commented on the Shakopee
Community Center proposal. He stated that on May 10, 1988 the
council addressed the issue of the construction of a community
center at the Minnesota Valley Mall and the possibility of
placing the question of construction of the center on a
referendum. If it was to be on a referendum the earliest date
that the City could hold an election would be Tuesday, June 28 ,
1988. If the Council were to delay the election another week
(July 5, 1988) the election would be a day after the Fourth of
July Holiday. He further commented on the possible dates for the
election. Other factors to consider are the possible location of
a National Guard Armory in Shakopee, the status of the former
Women's Correctional Facility in Shakopee, the time table of the
Shakopee Hockey Association, Financial aspects of the project and
the activities of the Essex's Corporation as relates to the
purchase of the Minnesota Valley Mall.
There was a general discussion by Council and Staff.
Zak/Clay moved to offer Resolution No 2894 as amended, A
Resolution Determining the Need for the Issuance of General
Obligation Bonds and Calling a Special Election on Tuesday, June
28, 1988 and that the Council meet on June 29 , 1988 at 7: 00 pm
for the canvassing of the ballots.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried unanimously.
The City Administrator commented on the interim Hwy 101/169
intersection improvements. He stated that after meeting with
MNDOT they indicated that it was necessary for us to review this
$400,000 - $500,000 proposal with the full City Council to
determine if the City wanted to go forward with any of the
improvements.
Clay/Zak moved to direct staff to come back with options for
minor traffic control, limiting parking alternatives, closing
Holmes Street and minor signage for car traffic on Levee Drive.
Motion carried unanimously.
The City Engineer then commented on the Robert Sweeney
Grading/Filling Permit Application. He stated that the agencies
will not issue any permits unless he receives permission to place
the fill in Huber Park. Mr. Sweeney would have to obtain the
following permits in order to dredge his marina: DNR permit to
dredge, Army Corps of Engineer permit to dredge, Environment
Assessment Worksheet needs to be complete if the navigable area
of the marina is more than 20, 000 sq ft. In addition to these
permits the City Planner indicated that a conditional Use Permit
will be required to allow Mr. Sweeney to do any work within the
floodplain district.
City Council
May 17, 1988
Page -5-
Clay/Zak moved that the City Council go on record supporting the
concept of Mr. Sweeney placing dredging fill onto Huber Park from
the marina contingent upon obtaining all other permits and also
final agreement between all parties being executed for the use of
the land on the DNR Trail. Motion carried unanimously.
The City Engineer then commented on the Hauer's 4th Addition
change order for Project 1987-12 and Resolution No. 2895. He
stated that the developer is now requesting that the City of
Shakopee complete the improvements on streets of 13th Avenue and
portions of Limestone Drive, Jasper Road, Onyx Drive, Emerald
Lane and all of Jade Circle via a change order to our existing
contract. By state statute, the maximum amount the city can
increase on the contract is by 258.
Clay/Vierling moved to approve change order #1 for Contract 1987-
12 providing additional street improvements to Hauer's 4th
Addition not to exceed 258 0£ our original contract. Motion
carried unanimously.
Clay/Vierling offered Resolution No. 2895, A Resolution Receiving
a Report Approving Plans and Specifications and Ordering an
Improvement to Roadway, Watermain, Sanitary Sewers and Storm
Sewers on Jade Circle, Onyx Drive and Emerald Lane all Located in
Hauer's 4th Addition, Project No 1987-12, and moved its adoption.
Roll Call: Ayes: Unanimously
Noes: None
Motion carried.
The City Engineer then commented on the Downtown Streetscape
Project No 1987-3 Sanitary Sewer extensions.
Vierling/Scott moved to authorize Staff to instruct the City's
contractor (Hardrives, Inc. ) to install a sanitary sewer line to
service Reis' Plumbing and 212 S. Atwood Street at an estimated
cost of $10,935.50 (coming out of the Sewer Fund) .
Roll Call: Ayes: Unanimously
Noes: None
Motion carried.
Vierling/Clay moved to authorize staff to instruct Hardrives Inc.
to extend the sanitary sewer line between let and 2nd Avenue to
service the land vacated by the Soo Line's spur tracks at an
estimated cost of $7,456.50.
Roll Call: Ayes: Unanimously
Noes: None
Motion carried.
The City Engineer commented on the Downtown Streetscape 1987-2
Change order No. 6.
City Council
May 17, 1988
Page -6-
Clay/Vierling moved to authorize Change Order No. 6 in the amount
of $30,111.45 reduction to the contract for the Downtown
Streetscape Project No 1987-2 to Hardrives Inc. , 7200 Hemlock
Lane N. Maple Grove, MN 55369. Motion carried unanimously.
The City Engineer then commented on the Atwood Street Spur Track
Removal. He stated that Council received a copy of a 3 part
agreement between the Soo Line Railroad, City of Shakopee, and
Rahr Malting Company regarding the spur track removal,
replacement of storage track and the closing of Apgar Street.
Zak/Vierling moved to authorize the appropriate City Officials to
enter into the agreement between the Soo Line Railroad and Rahr
Malting Company regarding the closing of Apgar Street, removal of
spur tracks in Atwood and Scott Streets and the replacement of
storage track with the Rahr Malting Company property. Motion
carried unanimously.
Zak/Vierling moved to authorize the appropriate City staff to
send a letter to Mr. Jerry Pinkepank of the Soo Line Railroad on
behalf of the City Council acknowledging his efforts in
expediting this matter. Motion carried unanimously.
The City Engineer then commented on the Vierling Drive - County
Road 17 to the East. He stated that the preliminary plat have
been reviewed by the Engineering Department and are being
revised. He stated that it would be staffs request to utilize
Peter Patchin and Associates to prepare the appraisal report for
Vierling Drive.
Vierling/Clay moved to authorize the Engineering Department to
proceed with utilizing Peter Patchin & Associates to prepare the,
appraisal report for Vierling Drive and that staff first obtain a
firm quotation from them, if the quote exceeds $1,000 staff is
hereby directed to return to Council for additional action.
Motion carried unanimously.
The City Engineer then commented on the Curb Cut Policy. He
stated that the current code outlines the requirements for
permitting the construction and reconstruction of roadway
surfacing, sidewalks and curb and gutters. The resolution was
amended as follows:
e. Surmountable curb and gutter is not considered a curb
cut and would require a curb cut permit from the City
Engineer.
Clay/Vierling offered Resolution No. 2891 Establishing a Policy
for Curb Cut Guidelines as Provided by Section 7.06 of the City
Code, and moved its adoption. Motion carried unanimously.
City Council v
May 17, 1988
Page -7-
Vierling/Clay moved to remove the Engineering Department Vehicles
from the table. Motion carried unanimously.
Zak/Clay moved to authorize the Finance Director to withhold two
vehicles from the upcoming auction for assignment to the
Engineering Department, increasing the number of vehicles to a
total of five (three permanent and two seasonal) . Motion carried
unanimously.
Clay/Zak moved to approve the City's bills in the amount of
$331, 314 .87.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Vierling/Clay moved to direct the appropriate City officials to
enter into the agreement with Mr. Brown for the use of his lots
during the Derby Days celebration. (Approved under consent
business) .
The City Administrator commented on the hallway carpet
replacement within City Hall. He stated that it would be his
recommendation that the Council approve the 20oz carpet weight
from Berger Carpet costing $609.34.
Clay/Vierling moved to approve the purchase of the 20oz carpeting
from Berger Carpet in the amount of $609.34 ; funds to come out of
the contingency fund.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
vierling/Clay moved to approve the application and grant a
Taxicab License to Town Taxi, 2812 University Avenue SE,
Minneapolis MN 55414. (Approved under consent business) .
Vierling/Clay moved to waive the 30 day waiting period for a
gambling license from the Charitable Gambling Control Board for
the Shakopee Jaycees. (Approved under consent business) .
The City Clerk then commented on the requirements of
establishment should an on-Sale Club intoxicating liquor license
to obtain a set up license.
Vierling/Zak moved to direct staff to prepare the appropriate
ordinance to eliminate the requirement that on sale club liquor
licensees must also have a set up license. Motion carried
unanimously.
City Council
May 17, 1988
Page -8-
Clay/Vierling offered Resolution No. 2892, A Resolution
Receiving a Report and Calling a Hearing on Improvements to lith
Avenue from County Road 79 to Minnesota Street, and moved its
adoption. Motion carried unanimously.
Vierling/Clay offered Resolution No. 2889, A resolution Declaring
Adequacy of Petition and Ordering Preparation of a Report for
Street Improvements on Market Street, between Bluff Street and
1st Avenue, and moved its adoption. (Approved under consent
business) .
Vierling/Clay offered Resolution No. 2890 Authorizing the
Execution of a Contract Between the Chicago and Northwestern
Transportation Company and the City of Shakopee, and moved its
adoption. (Approved under consent business) .
Vierling/Clay offered Resolution No. 2896 Transmitting an
Application for Local Planning Assistance for a Local Planning
Assistance Loan from the Metropolitan Council, and moved its
adoption. (Approved under consent business) .
Vierling/Scott moved to appoint a three member Council committee
consisting of Vierling/Clay/Scott with Zak as an alternate to
meet with three School Board members to discuss new tax
increment/referendum levy legislation. Motion carried
unanimously.
Clay/Vierling moved to adjourn. Motion carried unanimously.
Meeting adjourned at 11:15 p.m.
Judith S. Cox
City Clerk
Jakki K. Menk
Recording Secretary
CONSENT 9a--,
Rece►vel)
JV/V1 31988
G17
'y f3F gytiKC)PEE
ACTION REQUESTED:
Move to accept the resignation of Jim Plekkenpol from the
Community Development Commission, with regrets.
qb
CONSENT Metropolitan Council
E.nfll 4,� 300 Metro Square Building
IWIIIIII p Seventh and Robert Streets
St. Paul, Minnesota 55101
n'oF, Telephone (612) 291-6359
June 13, 1988
To whom It May Concern: JUN1 41988
RE: Hennepin County dy
Application for State Bridge Funds r@f sH
CSAH 18 (Bridge No. 27624) over the Minnesota River Q,p
Bloomington, Minnesotac.
Received 06/07/88`-"i'-
Metropolitan Council Referral File No. 14525-1 -The Metropolitan Council has received an application for state funds to
accomplish the above referenced project. The procedures for review of these
applications require that any potentially affected units of government and
agencies be notified of the project and given an opportunity to comment. The
interest of your community should be expressed by means of a letter describing
the effect the project might have on your community or the type of additional
information you would like to receive.
If requested, the Metropolitan Council will arrange a conference with the
applicant end interested parties.
If you desire to review the application, copies are on file at the Metropolitan
Council and in the offices of the applicant.
Sincerely,
METROPOLITAN COUNCIL
JRtford
Glk-"-
Referral Coordinator
JR:ch
cc: Gertrude Ulrich, Metropolitan Council District 12
Marcy Waritz, Metropolitan Council District 14
Action Requested
Direct the appropriate City officials to respond favorably in writing to the
Met Council's June 13, 1988 request for counts from local units of govern-
ment affected by the proposed County Road 18 Bridge Project (Met Council File
No. 14525-1).
An Equal Opponuniry Employer
:2oPOLITAN COUNCIL_
REFERRAL
14"NNesOTy FILE NO. /4C4`74-
�
Fti � F Minnesota Department of Transpor
M
il
��
Transportation Building, St. Paul, N 55155
OF TPP
Juce rl, 1988 Phone
Stephen Keefe, Chair
Metropolitan Council
Suite 300 - Metro Square Building
St. Paul, Minnesota 55101
In reply refer to:
Reguests for Grants frau Minnesota
State Transportation Fund
Dear Mr. Keefe:
Enclosed is data relative to a request for grant fro. the County of
Hennepin.
Your review, as required by Minnesota Statutes 174.50, Sub3.4 is hereby
requested- If additional data is required, we suggest you call upon the
engineer making the request to substantiate his claim.
We will continue to suit copies of the application to you as we receive
them.
Sincerely,
GM r
D/ rd M Fay
irrector , Office of State aid
Enclosures:
Hennepin County Data
Ccau Bridge 1698
CC:
Vern Gerzlinger Hennepin County Highway Engr.
W.M. Crawford - C.E. Weichselbaum, Dist. 5
Clem Kachelaryer - 612H
File - 420
GMF/me
Roy Hanson
An Equal OFporiumt,Employer / /
An/DOT 30809 (I/86) STAIE OF MINNESOTA DEPART-ENT OF TRANSPORTATION METROPOLITAN EOUNCIL
OFFICE OF STATE AID REf'ERRAL (�'�
fllE NO.�
Application for Bridge Fuads-
PROTECT mmm 2 -7 /
-41" OLD BRIDGE NUMBER 1698 -
NFd BRIDGE NUMBER 27624 - OVER Minnesota River
COUNTY OF le.,zF 7C iF/ ROAD N0. CSAH 18
MUNICIPALITY OF STREET NO.
TOWNSHIP OF ROAD NO.
DOES THE STRUCTURE QUALIFY FOR FEDERAL FUNDS? YES
DOES THE STRUCTURE QUALIFY FOR STATE FUNDS? YZS
Estimated Cost
Structure (Include Slope Protection) $ 51,500,000
Approaches 70,000,000
Removal Items 200,000
Guard Rail
Engineering 9.255,000
Total $0,955,000
-Dace Of ffAkYdtWBoard action prioritizing this bridge January 13, 1981
/ S
County/Nd g at Date
Recommendation of District State Aid Engineer //,Q
Replace �_ Defer
Liz �� / d+ ,i 1- aK7, ,
Distract Scace Aid `Eng. Signature Dace
---------------------------------------------------------------------
RDC OR '.`PT COUNCIL REVIEW REQUESTED 3 RECEIVED
STATE-'IDE PRIORITY NC:EEY _-of BRIDGE A?PL IC.LS
STATUS OF FUNDS PROPOSED FUNDING OF PROTECT
TOWN BRIDGE $
STAIE AID $
FAS/FAG $
BROS/BARS/BRM/BRBS $
LOC S
AMOUNT OF GRANT (Fund 29) $
LET<ING DATE TOTAL $
PROJECT DATA
CSAH 18 (Bridge No. 27624) Over The Minnesota River
Project Effectiveness
CSAH 18 (Townline Road) is a north - south Minor Arterial route located on the
boundaries of Bloomington - Eden Prairie in the southern portion of Hennepin
County. As such it carries a considerable amount of commuter traffic from Scott
County and southern Minnesota as well as recreational traffic to regional
attractions in Scott County such as Valley Fair, Canterbury Downs and the
Renaissance Fair at Shakopee. This river crossing location will provide a
connection to the future •Shakopee Bypass" to be constructed by MN/DOT in the near
future and provides a traffic link to I-494. This is the oniv Minnesota River
crossing between I35W in Bloomington - Burnsville and TH 169 in Shakopee, a distance
of 12 miles. The existing two - lane bridge originally built in 1889 and remodeled
in 1977 is structurally deficient in load carrying capacity, deck width, navigation
clearance and approach alignment.
Persons Affected
Approximatly 14,200 vehicles per day (VPD) used this bridge in 1986 and the traffic
is estimated to increase to 67,400 VPO in the year 2010.
Economic Feasibility
A $26,000,000 Federal Grant has made the hiring of a design consultant possible in
1988 and the Department of Transportation intends to seek inclusion of this project
in the 1990 Capital Improvement Program.
Effect an Planning
The proposed project will have a considerable effect on existing and future
development in the Southwest Metro area. This project concurs with the Hennepin
County Transportation System Study and with the Twin Cities Area Metropolitian
Roadway Functional Classification System.
Funding
This project has received a Federal Demonstration Project Grant in the amount of
$26,000,000 for design and construction of a new bridge approximatly 1/2 mile
upstream of the existing bridge. A grant from the Federal Bridge Rehabilitation and
Replacement Program and the Minnesota Transportation Bond Fund is being sought via
this application. The remaining costs will be funded from Hennepin and Scott County
State Aid allocations as well as local property tax funds.
Operation and Maintainence
The Hennepin County Department of Transportation routinely inspects all bridges on
the county system each year. Bridge Inspectors have received comprehensive training
in the science of bridge inspection and work under the direction of a registered
professional engineer.
` page 2
Operation and Maintainence (cont'd)
A special bridge maintainence unit within the department handles both routine and
preventative maintainence work. Special emphasis has recently been shifted to
preventive maintainence, and county crews now perform activities such as cleaning,
repainting, bearing assembly repair, joint repair, and deck and railing repair.
The department considers bridge maintainence a high - priority activity and will
continue to program adequate funds for this work in the future.
Project Location Location
See attached map for location of this proposed bridge.
/JVV
5-18-88
Lake
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HENNEPIN COUNTY
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PROPOSED Bluff "
CSAR NO. 18 to
31
31
If W 108th St OI Shakopee
NEW BRIDGE . 18
27624
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SCOTT COUNTY
12
89
Mr. Robert Vierling 9c-
221 E. Fourth Avenue
Shakopee, Mn. 55379
Shakopee City Council & Mayor June 15, 1988
Shakopee City Hall
129 East 1st Street
Shakopee, Mn. 55379
Dear Council & Mayor, Re, Gun Permit
Enclosed you will find a letter from Robert Stanich,
Assistant to the Atty. General (Phone 512-296-1796) , and
seven pages of the Mn. State Statutes concerning gun per-
mits. Upon reading these, you will find that the alleged
Shakopee Chief of Police, Brownell, has falsely denied me
a carriers permit for a concealed weapon.
I have had permits from both Shakopee, and the City of
Minneapolis in the past, and have also been checked out by
the FBI with a very clean record. This last can be verified
by Lt. James O'Meara, Minneapolis Police Department.
When I applied again this year for a gun permit from
Shakopee (which is now a statewide permit) Brownell falsely
and lyingly refused it; not on the grounds of any misconduct
on my part, but because he has entered into a personal vend-
etta with me. He has superceded the State law (which he can-
not legally do) and has stated three times in letters that I
must have a P.I. license to receive a permit. What nonsense!
As you will note from the State Statutes, a P.I. license
is not a prerequisite for a permit!
As you can see from the Statutes, when an alleged Chief
of Police such as Brownell denies someone a permit on false
grounds, he has the right to take that Chi4 #fg and anyone con-
cerned, (Council and Mayor) into a court of law, without an
Attorney, and force those involved to produce evidence why the
permit should not be issued. (Again, see State Statutes; )
Now, I'm asking the Council to overrule Brownell's false
refusal of a permit to me. I£ the Council sees fit not to do
so, I want their reason, in writing, directly from the Council,
not Brownell.
Rest assured, if I'm denied a permit, each member, the
Mayor, and the alleged Chief of Police Brownell, will be in
Court.
RE!u�)yED
JUN1 51988
CITY OF SHAKOPEE
RC�-
2.
I£ Brownell thinks that he can cost me money by this
action, he is mistaken.
One other thing I'd like from the Council is a complete
summary and application of Brownell's resume and job appli-
cation. I also want a complete list of, with badge numbers,
every officer, full or part time, now employed by the City of
Shakopee. I am also demanding a list of people who have been
issued a statewide permit from Shakopee by Brownell. Incident-
ally, Brownell has refused to give me this information in the
past. (Again, see State Statutes. )
I have been handling and collecting guns since I was S
years old. I've never been involved in a firearm mishap. Last
Fall, I received from the DNR a thirty year commendation for
teaching Firearm Safety.
Also, I have thirty years commendation for teaching Snow-
mobile Safety, and some forty years as a Red Cross Instructor;
and, by the way, this was gratis, and even money out of my own
pocket.
You must remember, that if because I am denied the right
to carry a firearm. I am hurt because of being unable to protect
myself, the Council, the Mayor, and Brownell, can be personally
held responsible.
Awaiting your answer, I remain
Sincerely yours,
Robert'
Vierling
CCS Attorney General's Office
Robert Stanich
STATE OF- MINNESOTA
OFFICE OF THE ATTORN-EY OI59F.RAI. ADDRESS REPLY TO:
0
100 FORD W.M.
ST. PAUL 55166 117 UNIVERSnY AVE.
HUBERT H. HUMPHREY, 111 ST.PAUL,MN 55155
ATTORNEY GFNERAL 0 TELEPHONE:161111%7575
March 10, 1988
G` Ci
• Bob Vierling 1
221 E. Fourth Ave.
Shakopee, MN 55379
Dear Mr. Vierling:
• Enclosed as you requested is a copy of the Minnesota Handgun
Regulation Act.
The provisions relating to permits to carry appear in section
624.714 . The granting of permits is governed by subdivisions 2
through 7, and the provision for appealing the denial of a permit
is subdivision 12.
Local regulation of the carrying of pistols is superseded by
state law, as set out in section 624.717 of the Act.
I hope this information is helpful.
Sincerely,
ROBERT A. STANICH
Special Assistant
Attorney General
Criminal Division
Telephone: (612) 296-1796
RAS:dmg
Enc .
AN EQUAL OPPORTUNITY EMPLOYER
.®mo-c
G
MINNESOTA HANDGUN REGULATION ACT
624.711 DECLARA170N OF POLICY.
it is not the intent of the legislature to regulate shotguns, rifles and other longguns
of the type commonly used for hunting and not defined as pistols, or to place costs of
administration upon those citizens who wish to possess or carry pistols lawfully,or to
confiscate or otherwise restrict the use of pistols by law-abiding citizens.
History: 1975 c 378 s 1
624.712 DEFINITIONS.
Subdivision 1. As used in sections 624.711 to 624.717,the terms defined in this
section shall have the meanings given them.
Subd. 2. "Pistol"includes a weapon designed to be fired by the use of a single hand
and with an overall length less than 26 inches,or having a barrel or barrels of a length
less than IS inches in the case of a shotgun or having a barrel of a length less than 16
inches in the case of a rifle (a) from which may be fired or ejected one or more solid
projectiles by means of a cartridge or shell or by the action of an explosive or the
igniting of flammable or explosive substances;or(b)for which the propelling fora is
a spring,elastic band, carbon dioxide, air or other gas,or vapor.
"Pistol"does not include a device firing or ejecting a shot measuring.18 of an inch,
or less, in diameter and commonly known as a"BB gun," a scuba gun, a stud gun or
nail gun used in the construction industry or children's pop guns or toys.
Subd. 3. "Antique firearm" means any firearm, including any pistol, with a
matchlock,flintlock, percussion cap,or similar type of ignition system,manufactured
before 1899 and any replica of any firearm described herein if such replica is not -
designed or redesigned, made or remade, or intended to fire conventional rimfire or
conventional centerfire ammunition, or uses conventional rimfire or conventional
center6re ammunition which is not readily available in the ordinary channels of
commercial trade.
Subd. 4. "Saturday night special pistol" means a pistol other than an antique
firearm or a pistol for which the propelling force is carbon dioxide,air or other vapor,
or children's pop guns or toys, having a frame, barrel,cylinder,slide or breechblock:
(a) of any material having a melting point (liquidus) of less than 1,000 degrees
Fahrenheit, or
(b) of any material having an ultimate tensile strength of less than 55,000 pounds
per square inch, or -
(c) of any powdered metal having a density of less than 7.5 grams per cubic
centimeter.
Subd. 5. "Crime of violence" includes murder in the first, second, and third
degrees,manslaughter in the first and second degrees,aiding suicide,aiding attempted
suicide, felony violations of assault in the first,second, third,and fourth degrees,use
of drugs to injure or to facilitate crime, simple robbery, aggravated robbery, kidnap-
ping,false imprisonment,criminal sexual conduct in the first,second,third,and fourth
degrees,felonious theft,arson in the first and second degrees,riot,burglary in the first,
second,third,and fourth degrees,reckless use of a gun or dangerous weapon,intention-
ally pointing a gun at or towards a human being, setting a spring gun, and unlawfully
owning,Possessing,or operating a machine gun,and an attempt to commit any of these
offenses, as each of thou offenses is defined in chapter 609. "Crime of violence"also
includes felony violations of chapter 152.
Subd. 6. "Transfer" means a sale, gift, loan, assignment or other delivery to
another,whether or not for consideration,of a pistol or the frame or receiver of pistol. -
History: 1975 c 378 s 2: 1977 c 349 s 2; 1987 c 276 s 3
0
• 9 �
624.713 CERTAIN PERSONS NOT TO HAVE PISTOLS. PENALTY.
Subdivision I. Ineligible persons. The following persons shall not be entitled to
possess a pistol:
(a) a person under the age of 18 years except that a person under 18 may tarty or
possess a pistol(i)in the actual presence or under the direct supervision of the person's
parent or guardian,(ii)for the purpose of military drill under the auspices ofa legally
recognized military organization and under competent supervision,(iii)for the purpose
of instruction,competition, or target practice on a firing range approved by the chief
of police or county sheriff in whose jurisdiction the range is located and under direct
supervision;or(iv)if the person has successfully completed a course designed to teach
marksmanship and safety with a pistol and approved by the commissioner of natural
resources;
(b) a person who has been convicted in this state or elsewhere of a crime of
violence unless ten years have elapsed since the person has been restored to civil rights
or the sentence has expired,whichever occurs first,and during that time the person has
nnu.hrrn:,nnx�r_�r_4.x};amy yhn,:;rmrtxf.•6ymnx. 4vn yuryusiatfittirsstctnm,xnme
of violence includes crimes in other states or jurisdictions which would have been
crimes of violence as herein defined if they had been committed in this slate;
(c) a person who is or has ever been confined or committed in Minnesota or
elsewhere as a"mentally ill,""mentally retarded,"or"menta8}f ill and dangerous to the
public"person as defined in section 2538.02,to a treatment facility,unless the person
possesses a certificate of medical doctor or psychiatrist licensed in Minnesota, or
other satisfactory proof that the person is no longer suffering from this disability;
(d) a person who has been convicted in Minnesota or elsewhere for the unlawful
use,possession,or sale of a controlled substance other than conviction for possession
of a small amount of marijuana, as defined in section 152.01, subdivision 16, or a
person who is or has ever been hospitalized or committed for treatment for the habitual
use of a controlled substance or marijuana,as defined in sections 152.01 and 152.02,
unless the person possesses a certificate of a medical doctor or psychiatrist licensed in
Minnesota, or other satisfactory proof, that the person has not abused a controlled
substance or marijuana during the previous two years;
(e) a person who has been confined or committed to a treatment facility in
Minnesota or elsewhere as "chemically dependent" as defined in section 2538.02.
unless the person has completed treatment. Property rights may not be abated but
access may be restricted by the courts; or
(0 a peace officer who is informally admitted to a treatment facility pursuant to
section 2538.04 for chemical dependency,unless the officer possesses a certificate from
the head of the treatment facility discharging or provisionally discharging the officer
From the treatment facility. Property rights may not be abated but access may be
restricted by the courts.
A person who issues a certificate pursuant to this subdivision in good faith is not
liable for damages resulting or arising from the actions or misconductwitha firearm
committed by the individual who is the subject of the certificate.
Subd. 2. A person named in subdivision 1, clause(b) who possesses a pistol is
guilty of a felony. A person named in any other clause of subdivision 1 who possesses
a pistol is guilty of a gross misdemeanor.
History: 1975 c 378 s 3; 1983 c 269 12; 1Sp1985 c 9 ort 2 s 98; 1986 c 444
� v
624.7131 TRANSFEREE PERMIT;PENALTY.
Subdivision 1. information. Any person may apply for a pistol transferee permit
by providing the following information in writing to the chief of police of an organized
full time police department of the municipality in which the person resides or to the
county sheriff if there is no such local chief of police:
(a) The name, residence, telephone number and driver's license number or non-
qualification certificate number, if any, of the proposed transferee;
(b) The sex, date of birth, height, weight and color of eyes of the proposed
transferee;
(c) A statement by the proposed transferee that the proposed transferee is not
prohibited by section 624.713 from possessing a pistol.
The statement shall be signed by the person applying for a permit. At the time of
application, the local police authority shall provide the applicant with a dated receipt
for the application.
Subd. 2. Investigation. The chief of police or sheriff shall check criminal
histories,records and warrant information relating to the applicant through the Minne-
sota crime information system.
Subd. 3. Forms. Chiefs of police and sheriffs shall make transferee permit
application forms available throughout the community. There shall be no charge for
forms, reports, investigations, notifications, waivers or any other act performed or
materials provided by a government employee or agency in connection with applica-
tion for or issuance of a transferee permit.
Subd. 4. Grounds for disqualification. A determination by the chief of police or
sheriff that the applicant is prohibited by section 624.713 from possessing a pistol shall
be the only basis for refusal to grant a transferee permit.
Subd. 5. Grantingofpermits. The chief of police or sheriff shall issue a transferee
permit or deny the application within seven days of application for the permit. The
chief of police or sheriff shall provide an applicant with written notification of denial
and the specific reason for the denial. The permits and their renewal shall be granted
free of charge.
Subd. 6. Permits valid statewide, renewal. Transferee permits issued pursuant
to this section are valid statewide and shall expire after one year. A transferee permit
may be renewed in the same manner and subject to the same provisions by which the
original permit was obtained. Permits issued pursuant to this section are not transfer-
able. A person who transfers a permit in violation of this subdivision is guilty of a
misdemeanor.
Subd. 7. Permit voided. The transferee permit shall be void at the time that the
holder becomes prohibited from possessing a pistol under section 624.713, in which
event the holder shall return the permit within five days to the issuing authority.
Failure of the holder to return the permit within the five days is a misdemeanor unless
the court finds that the circumstances or the physical or mental condition of the permit
holder prevented the holder from complying with the return requirement.
Subd. S. Hearing upon denial. Any person aggrieved by denial of a transferee
permit may appeal the denial to the county court or county municipal court having
jurisdiction over the county or municipality in which the denial occurred.
Subd. 9. Permit to carry. A valid permit to carry issued pursuant to section
624.714 constitutes a transferee permit for the purposes of this section and section
624.7132.
Subd. 10. Transfer report not required. A person who transfers a pistol to a
person exhibiting a valid transferee permit issued pursuant to this section or a valid
permit to carry issued pursuant to section 624.714 is not required to file a transfer
report pursuant to section 624.7132, subdivision 1.
Subd. 11. Penalty. A person who makes a false statement in order to obtain a
transferee permit knowing or having reason to know the statement is false is guilty of
a gross misdemeanor.
Subd. 12. Local regulation. This section shall be construed to supersede
municipal or county regulation of the issuance of transferee permits.
History: 1977 c 349 s 4; 1986 c 444
0
624.7132 REPORT OF TRANSFER. / G
Subdivision 1. Required information. Except as provided in this section and
section 624.713 1,every person who agrees to transfer a pistol shall report the following
information in writing to the chief of police of the organized full-time police depart-
ment of the municipality where the agreement is made or to the appropriate county
sheriff if there is no such local chief of police:
(a) The name, residence, telephone number and driver's license number or non.
qualification certificate number, if any,of the proposed transferee;
(b) The sex, date of birth, height, weight and color of eyes of the proposed
transferee;
(c) A statement by the proposed transferee that the transferee is not prohibited by
section 624.713 from possessing a pistol; and
(d) The address of the place of business of the transferor.
The report shall be signed by the transferor and the proposed transferee. The
report shall be delivered by the transferor to the chief of police or sheriff no later than
three days after the date of the agreement to transfer, excluding weekends and legal
holidays.
Subd. 2. Investigation. Upon receipt of a transfer report, the chief of police or
sheriff shall check criminal histories, records and warrant information relating to the
proposed transferee through the Minnesota crime information system.
Subd. 3. Notification. The chief of police or sheriff shall notify the transferor
and proposed transferee in writing as soon as possible if the chief or sheriff determines
that the proposed transferee is prohibited by section 624.713 from possessing a pistol.
The notification to the transferee shall specify the grounds for the disqualification of
the proposed transferee and shall set forth in detail the transferees right of appeal under
subdivision 13.
Subd. 4. Delivery. No person shall deliver a pistol to a proposed transferee until
seven days after the date of the agreement to transfer as stated on the report delivered
to a chief of police or sheriff in accordance with subdivision 1 unless the chief of police
or sheriff waives all or a portion of the seven day waiting period.
No person shall deliver a pistol to a proposed transferee after receiving a written
notification that the chief of police or sheriff has determined that the proposed transfer.
ee is prohibited by section 624.713 from possessing a pistol.
If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within seven days of the date of the agree.
ment to transfer, the pistol may be delivered to the transferee.
Subd. 5. Grounds for disqualification. A determination by the chief of police or
sheriff that the proposed transferee is prohibited by section 624.713 from possessing
a pistol shall be the sole basis for a notification of disqualification under this section.
Subd. 6. Transferee permit. If a chief of police or sheriff determines that a
transferee is not a person prohibited by section 624.713 from possessing a pistol, the
transferee may,within 30 days after the determination,apply to that chief of police or
sheriff for a transferee permit, and the permit shall be issued.
Subd. 7. Immediate transfers. The chief of police or sheriff may waive all or a
portion of the seven day waiting period for a transfer.
Subd. 8. Report not required. (1) If the proposed transferee presents a valid
transferee permit issued under section 624.714,subdivision 9 or a valid permit to carry
issued under section 624.714, the transferor need not file a transfer report.
(2) If the transferor makes a report of transfer and receives no written notification
of disqualification of the proposed transferee within seven days of the date of the
agreement to transfer, no report or investigation shall be required under this section
for any additional transfers between that transferor and that transferee which are made
within 30 days of the date on which delivery of the first pistol may be made under
subdivision 4.
Subd. 9. Number of pistols. Any number of pistols may be the subject of a single
transfer agreement and report to the chief of police or sheriff. Nothing in this section
or section 624.7131 shall be construed to limit or restrict the number of pistols a person
may acquire.
Subd. 10. Restriction on records. If,after a determination that the transferee is G li
not a person prohibited by section 624.713 from possessing a pistol, a transferee
requests that no record be maintained of the fact of who is the transferee of a pistol,
the chief of police or sheriff shall sign the transfer report and return it to the transferee
as soon as possible. Thereafter,na ypveromene euro on ee ar agency sha4l maintain a
record of the transfer that identifies the transferee, and the transferee shall retain the
report of transfer.
Subd. 11. Forms;cost. Chiefs of police and sheriffs shall make transfer report
forms available throughout the community. There shall be no charge for forms,reports,
investigations,notifications,waivers or any other act performed or materials provided
by a government employee or agency in connection with a pistol transfer.
Subd. 12. Exclusions. This section shall not apply to transfers of antique firearms
as curiosities or for their historical significance or value, transfers to or between
federally licensed firearms dealers, transfers by order of court, involuntary transfers,
transfers at death or the following transfers:
(a) A transfer by a person other than a federally licensed firearms dealer;
(b) A loan to a prospective transferee if the loan is intended for a period of no more
than one day;
(c) The delivery of a pistol to a person for the purpose of repair, reconditioning
or remodeling;
(d) A loan by a teacher to a student in a course designed to teach marksmanship
or safety with a pistol and approved by the commissioner of natural resources:
(e) A loan between persons at a firearms collectors exhibition;
(f) A loan between persons lawfully engaged in hunting or target shooting if the
loan is intended for a period of no more than 12 hours;
(g) A loan between law enforcement officers who have the power to make arrests
other than citizen arrests;and
(h) A loan between employees or between the employer and an employee in a
business if the employee is required to carry a pistol by reason of employment and is
the holder of a valid permit to carry a pistol.
Subd. 13. Appeal. A person aggrieved by the determination of a chief of police
or sheriff that the person is prohibited by section 624.713 from possessing a pistol may
appeal the determination as provided in this subdivision. In Hennepin and Ramsey
counties the municipal court shall have jurisdiction of proceedings under this subdivi-
sion. In the remaining counties of the state, the county court shall have jurisdiction
of proceedings under this subdivision.
On review pursuant to this subdivision,the court shall be limited to a determina-
tion of whether the proposed transferee is a person prohibited from possessing a pistol
by section 624.713.
Subd. 14. Transfer to unknown party. (a) No person shall transfer a pistol to
another who is not personally known to the transferor unless the proposed transferee
presents evidence of identity to the transferor. A person who transfers a pistol in
violation of this clause is guilty of a misdemeanor.
(b) No person who is not personally known to the transferor shall become a
transferee of a pistol unless the person presents evidence of identity to the transferor.
A person who becomes a transferee of a pistol in violation of this clause is guilty of a
misdemeanor.
Subd. 15. Penalties. A person who does any of the following is guilty of a gay
misdemeanor.
(a) Transfers a pistol in violation of subdivisions 1 to 13;
(b) Transfers a pistol to a person who has made a false statement in order to
become a transferee,if the transferor knows or has reason to know the hamferee
has
made the false statement;
(c) Knowingly becomes a transferee in violation of subdivisions 1 to 13;or
(d) Makes a false statement in order to become a transferee of a pistol knowing
or having reason to know the statement is false.
Subd. 16. fatal regulation. This section shall be construed to supersede munici.
pal or county regulation of the transfer of pistols.
History: 1977 c 349 s 5. 1985 c 144 s 2., 1986 c 444
624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES.
Subdivision I. Penalty. A person,other than a law enforcement officer who has
authority to make arrests other than citizens arrests,who carries, holds or possesses a
pistol in a motor vehicle, snowmobile or boat,or on or about the person's clothes or
the person,orotherwise in possession or control in a public place or public area without
first having obtained a permit to carry the pistol is guilty of a gross misdemeanor. A
person who has been issued a permit and who engages in activities other than those for
which the permit has been issued, is guilty of a misdemeanor.
Sobel. 2. When application made. Applications for permits to carry shall be
made to the chief of police of an organized full-time police department of the munici.
polity where the applicant resides or to the county sheriff where there is no such local
chief of police where the applicant resides. At the time of application,the local police
authority shall provide the applicant with a dated receipt for the application.
Subd. 3. Contents. Applications for permits to carry shall set forth the name,
residence, date of birth, height, weight, color of eyes and hair, sex and distinguishing
physical characteristics,if any,of the applicant. The application shall be signed by the
applicant.
Subd. 4. Investigation. The application authority shall check criminal records,
histories, and warrant information on each applicant through the Minnesota Crime
Information System.
Subd. 5. Granting of permits. No permit to carry shall be granted to a person
unless the applicant:
(a) Is not a person prohibited by section 624.713 from possessing a pistol;
(b) Provides a firearms safety certificate recognized by the department of natural
resources, evidence of successful completion of a test of ability to use a firearm
supervised by the chief of police or sheriff or other satisfactory proof of ability,41 nv
a linadl safely,and
(c) Has an occupation or personal safety hazard requiring a permit to tarty.
Subd. 6. Failure to grant permits. Failure of the chief police officer or the county
sheriff to deny the application or issue a permit to carry a pistol within 21 days of the
date of application shall be deemed to be a grant thereof. The local police authority
shall provide an applicant with written notification of a denial and the specific reason
for the denial. The permits and their renewal shall be granted free of charge. The
permit shall specify the activities for which it shall be valid.
Subd. 7. Renewal. Permits to carry a pistol issued pursuant to this section shall
expire after one year and shall thereafter be renewed in the same manner and subject
to the same provisions by which the originahpermit was obtained.
Subd. 8. Permit to carry voided. The permit to carry shall be void at the time
that the holder becomes prohibited from possessing a pistol under section 624.713,in
which event the holder shall return the permit within five days to the application
authority. Failure of the holder to return the permit within the five days is a gross
misdemeanor unless the court finds that the circumstances or the physical or mental
condition of the permit holder prevented the holder from complying with the return
requirement.
Subd. 9. Carrying pistols about one's premise or for purposes of repair, target
practice. A permit to carry is not required of a person:
(a) To keep or carry about the person's place of business,dwelling house,premises
or on land possessed by the person a pistol;
(b) To carry a pistol from a place of purchase to the person's dwelling house or
place of business,or from the person's dwelling house or place of business to or from
a place where repairing is done, to have the pistol repaired;
(c) To carry a pistol between the person's dwelling house and place of business;
(d) To carry a pistol in the woods or fields or upon the waters of this state for the
purpose of hunting or of target shooting in a safe area;or
(e) To transport a pistol in a motor vehicle, snowmobile or boat if the pistol is
unloaded,contained in a closed and fastened case, gunbox, or securely tied package.
Subd. 10. False representations. A person who gives or causes to be given any -
false information in applying for a pennifto carry,knowing or having reason to know
the information is false, is guilty of a gross misdemeanor.
Subd. 11. No limit on number of pistols. A person shall not be restricted as to
the number of pistols the person may carry.
Solid. 12. Hearing upon denial. Any person aggrieved by denial of a permit to
carry may appeal the denial to the county court having jurisdiction over the county or
municipality wherein the notification or denial occurred. The matter shall be heard de
novo without a jury.
Solid. 13. Exemptions; adult correctional facility officers. A permit to carry a _
pistol is not required of any officer of a state adult correctional facility when on guard
duty or otherwise engaged in an assigned duty.
History: 1975 c 378 s 4. 1976 c 269s 1;1977 c 349s 3., 1983 c 264 s 10; 1986 c 444
624.715 EXEMPTIONS;ANTIQUES AND ORNAMENTS.
Sections 624.713 and 624.714 shall not apply to antique firearms which are carried
or possessed as curiosities or for their historical significance or value.
History: 1975 c 378 s 5
624.716 SATURDAY NIGHT SPECIALS PROHIBITED;PENALTY.
Any federally licensed fireams dealer who sells a Saturday Night Special Pistol,
or any person who manufactures or assembles a Saturday Night Special Pistol in whole
or in part, shall be guilty of a gross misdemeanor. -
History: 1975 c 378 s 6
624.717 LOCAL REGULATION.
Sections 624.711 in 624.716 shall be construed to supersede municipal or county
regulation of the carrying or possessing of pistols and the regulation of Saturday Night
Special Pistols.
History: 1975 c 378 s 7,, 1985 c 144 s 3
624.718 [Repealed, 1985 c 144 s 4]
624.719 POSSESSION OF FIREARM BY NONRESIDENT ALIEN.
A nonresident alien may not possess a firearm except to take game as a nonresident
under the game and fish laws. A firearm possessed in violation of this section is
contraband and may be confiscated.
History: 1986 c 386 art 4 s 32 -
q �
TO: Mayor, Councilmembers
FROM: Tom Brownell, Chief of Police
RE: Robert Vierling Correspondence
DATE: March 29, 1988
Mister Vierling made application for the renewal of his
permit to carry a handgun in public which I had
previously issued and requires annual renewal.
Mister Vierling' s justification for the permit is his
occupation of transporting monies, stocks and bonds, and
special body guard for him.
This is justification for the issuance of a permit, however
it was brought to my attention that this occupation
requires a license by the State of Minnesota.
On two occasions I have written Mister Vierling requesting
a copy of the State license and received responses not
relevant to the permit process.
This matter has been reviewed with the city 's legal counsel
who concurs with the requirement.
24 . 1 understand Councilmembers received a letter from Robert �' V
Vierling dated 3/25/88 expressing his frustration with the
Chief of Police in getting a permit to carry a handgun.
Tom's response is attached.
25. Attached is a memo from Dennis Kraft regarding the proposed
community center at the Minnesota Valley Mall.
26. Attached are the minutes of the February 18, 1988 meeting of
the Executive Committee of the Minnesota Police Recruitment
System. For you new Councilmembers this is the organization
the City of Shakopee uses for initial recruitment and
screening of all new police officers.
27. Attached are the minutes of the March 23, 1988 meeting of
the Shakopee Valley Convention-Visitors Bureau along with
their proposed budget for 1988. The budget will come before
Council for approval after it is approved by the Chamber
Board.
28. Attached are the minutes of the March 3, 1988 meeting of the
Shakopee Coalition.
29. Attached are the minutes of the February 1, 1988 meeting of
the Shakopee Public Utilities Commission.
30. Attached is the agenda for the April 6, 1988 meeting of the
Community Development Commission and their March 2nd
minutes.
31. Attached are the agendas for the April 7, 1988 meetings of
the Board of Adjustment and Appeals and Planning Commission
and their February 9th, March 3rd and March 17th minutes.
JKA/jms
9�
Mr. Robert Vierling June 12, 1988
221 E. Fourth Avenue
Shakopee, Nn. 55379
Mr. LeRoy Hauser Res Your intentional
Bldg. Official-Ci Harrasment of me
Official-City of Shakopee
City Hall Building concerning myproperty.
Shakopee, Nn. 55379
Dear Mr. Hausers
I have received your third letter of harrasment, in which
you state that people in my neighborhood (and others in town)
are complaining about my property. First of all, I'll have to
call you a liar, and I'll give you the reasons why.
I've talked to everyone in my neighborhood except for Rein
on the corner of Sommerville and 3rd Avenue, who has caused all
the trouble in our neighborhood since he moved there. He has an
Irish Setter that drags garbage all over the neighborhood and
tips the garbage cans. The neighbors can verily that this dog
barks all night, for which my dogs have been blamed by gutless
Brownell, even when my dogs weren't even at home anymore. Also
this man had a yard full of trash and garbage that Howard Jones
refused to do anything about.
Another reason I call you a liar is that any complaint, (and
this is a State statute which you cannot supercede) has to be in
writing and signed by the complainant in order to be considered
bonified. The reason for this statute is so that people like you,
cannot harras others falsely, to cause them trouble, and mental
anguish. Now, I'm demanding the names and addresses of all the
people whom you allege have complained about my property.
As for devaluation of property, when a mortuary is next to
a residential property, it devaluates that property by 27% ':
Also, in this letter, you're adding the harrasment concern-
ing two tanks from the old oil station - these tanks were removed
some 58 years ago. Mr. Hauser, if you're going to try to force
me to spend a large amount of money to prove to your stupid satis-
faction that those tanks no longer exist, I am going to demand
that I (and a legal representative) be present when you search
for oil tanks on my property - and at 32 other locales where gas
stations and underground fuel tanks have existed in Shakopee in
the past.
Are you the gutless wonder who made the call to JoAnn Henry
of the Mn. Pollution Control Agency, reported the so-called tanks,
and then didn't leave your name? I've talked to her about this
matter, completely explaining the harrasment of Shakopee Offici-
als, and was referred by her to Tom Clark of that Agency. He ex-
2 ( �
- - plained to me that I was on solid ground in demanding that
you dig up the other 32 sites which I can name and where I
can directly point out the area of the tanks approximate lo-
cation. Then, Mr. Hauser, I'm going to make sure you get all
the credit for having these places dug up, because as surely
as you touch one shovel to my yard, theirs will immediately
follow! My yard is in bad enough condition from the last time
the City of Shakopee made a foray through the neighborhood:
You know very well there are no tanks there, and you are her-
rasing me so you can brown nose some of the other gutless city
officials we have. Needless to say. I don't have to name them.
As for my home, if you'd taken the time to check the re-
cords of the Shakopee City Council, you'd have discovered that
I explained to the Council that I was going to repair the roof
and paint the house this Summer of 1988• You're so nosey about
everything, how is it that you missed the tar, roofing material,
and paint that are stacked at my residence?
As for your concern about one of my guests being injured,
(as stated in your letter) because of the conditions that you
say exist, I didn't know that lack of painting or roofing could
injure anybody! As for the outside stairs, they have been block-
ed off for quite some time, and will be removed from the structure
when the painting proceeds.
Where was your big mouth when, for nine months, the City of
Shakopee and Hentges Construction piled a large mounds of dirt,
broken culverts, and all manner of trash and junk in my yard, (some
of which blew all over the neighborhood) . This material dumped in
my yard caused a very great hazard for children that were con-
stantly playing in those dirt mounds and crawling through the
broken culverts . I cannot even begin to name the number of times
I (and my neighbors) had to leave our houses to chase the child-
ren away from the danger of that piled-up mess left by Hentges
and the City of Shakopee! Where was your concern for people's
safety then: :
Another small matter eoncerning this, is that after being
gone for four days, I came back home to the joyous sight of
Hentges large equipment, and trucks from the City of Shakopee
tearing up my property and parked on my corner lot without per-
mission. This is illegal trespass, and destruction of property,
for which I can still file charges against both Hentges and the
City of Shakopee. And, as long as you're pulling all these
tricks and harrasments, I might just find it necessary to do it.
Unlike your actions, mine would be legal. This also caused
a very dangerous traffic hazard on 4th and Sommerville. Of course
the City Police Chief, Brownell, and Howard Jones, our blind Code
Enforcement Officer, couldn't see that hazard, either.
Jones, in front of 3 witnesses, said in the nine months it
was there, that he'd never even noticed it or recieved a com-
plaint. He also denied receiving, or hearing about, the twenty
some phone-,cAlls I'd made at the time concerning this hazard!
3 T e'
Mr. Jones also doesn't see trash on any other areas of
Block $0, except mine. Isn't that amazing! With three wit-
nesses present, it was pointed out to him that the corner lot
opposite mine had a great deal of trash and debris on it. (He
even had to go around a nail studded board in the alley to get
to me to harass me) . He couldn't see that. Also, in the yard
directly across the alley from me, there were (and are) garbage
cans from the Apartments with no lids from which the garbage and
paper are being blown in to all of our yards . Mr. Jones, of
course, could not (and still has not) seen fit to rectify these
situations.E Coincidence, deliberate oversight, or - harassment!
The Shakopee Police were called on four different occas-
ions, and the situation that exists with the open garbage cans
was pointed out to them. and the last time, the Officer was
shown by myself and a witness, the name and address on mail from
which the garbage was coming. The Officer did absolutely nothing
about it, as happened three times previously, and so the con-
dition still exists to this day.
The City of Shakopee promised me that they would take care
of the corner lot that they and Hentges ruined, until the re-
sponsibility could be fixed as to who would absorb the cost of
turning the property back to it's original condition, the City, or
Hentges. That means leveling the lot,sodding the lot, replacing
the city sewer that was torn out, and putting in the sidewalk
that was ripped out, etc. This amounts to a considerable sum, and
I have sent a bill to Hentges and the City of Shakopee approxi-
mately a year ago, but nothing has been resolved as yet.
Now, I received a letter from another so-called gutless _
Shakopee City Official (who can't even write plain enough to
make his name legible) that I must clean and mow the corner lot.
Because it was their responsibility, the City of Shakopee
hired Dick Kaley to mow the lot at the City's expense, and I'm
demanding that you take care of it again in this manner this
Summer until the responsibility can be affixed. I cannot afford
to ruin a mower cutting Hentges' cultivated weeds, considering
the poor condition of the lots terrain!
Remember, Mr. Hauser, that you can be legally brought to
court and personally sued for harrasment and illegal procedure.
I would suggest strongly that you look up the word "super-
cede" in connection with the State's statutes. Thank you!
RECEIVED Sincerely, iI
JU/Yl j Robert Vierling
CCS City of ShakopeeC"yofSHAKOpEE
c�
MEMO TO: John K. Anderson, City Administrator
City Council
FROM: LeRoy Houser, Building Official
RE: Robert Vierling Correspondence
DATE: June 14, 1988
Regarding the latest letter from Mr. Vierling:
1. I am not harassing him.
2. The complaints I have received in the past all refuse
to identify themselves for fear of verbal abuse on part
of Mr. Vierling like Tom, Howard and I are
experiencing. Data privacy laws require that we do not
release property related complaints.
3. I have been informed gas tanks do exist on this
property. I was informed by the Asst. Police Chief, a
couple of elderly residents and somewhat confirmed by
S.M. Hentges who said he knocked fill pipes down during
construction.
4. If there are 32 other locations of abandoned tanks, I
would appreciate knowing the locations so we can have
them removed.
5. Later this year, Pollution Control will be solely
responsible for all abandoned tanks in Minnesota.
6. I am pleased to hear Mr. Vierling has a rehab program
planned for his residence, painting, etc. I was not
aware he had such plans.
7. The City never gave approval. It was a private
arrangement from the beginning.
8. Any open garbage cans can be corrected if brought to
Howard's or my attention. I responded to an open
garbage complaint across the alley from Mr. Vierling.
My written order to the home owner is on file.
9. The City never gave approval. The City has no
knowledge of commitments made by Mr. Hentges.
10. I admit, I do not write very legible. I had cancer in
my right arm and the wrist bone has been removed and
the wrist is fused. I have a 35% normal function in
this hand.
This whole issue has grown out of proportion so I have turned it
over to the City Attorney's Office and await their
recommendation.
LH:cah
/ D
MEMO TO: John K. Anderson, City Administrator
FROM: David Hutton, City Engineer l>a l
SUBJECT: Market Street, from 1st Avenue to Bluff Avenue
DATE: June 16, 1988
INTRODUCTION:
Attached is Resolution No. 2914 for Council consideration which
orders plans and specifications for Market Street, from 1st
Avenue to Bluff Avenue.
BACKGROUND:
On May 17 , 1988, City Council ordered a feasibility report for
proposed improvements on Market Street from 1st Avenue to Bluff
Avenue, ( Resolution No. 2889 ) . The feasibility report was
distributed to CouncilonJune 7 , 1988 and subsequently a public
hearing was scheduled for June 21 , 1988.
The proposed improvements consist of pavement, curb and gutter
and two catch basins. Staff will give a short presentation on
the feasibility report for this street at the public hearing on
June 21 , 1988.
At the conclusion of the public hearing, if Council wishes to
proceed with the project, Resolution No. 2914 which orders the
preparation of the plans and specifications for the project, is
attached for consideration.
Since this is a small, one block section of street, the design
work associated with the proposed improvements would be
relatively simple and straight forward. Due to the current work
loads of staff, though, no field work or design time could be
devoted to this project until after the conclusion of this year' s
construction season. The project could either be delayed until
1989 or an alternative would be to utilize our existing
engineering consultant, Orr-Schelen-Mayeron & Assoc. , to prepare
the plans and specifications and the project could still be
constructed this year.
ALTERNATIVES:
Depending on the testimony received at the public hearing ,
Council would have the following alternatives:
1 . Determine that the project is not in the best interest of
the City and do not proceed any further with the project.
Market Street
June 16 , 1988
Page 2
2 . Determine that the project should proceed and order staff to
prepare the plans and specifications in-house for the 1989
construction season.
3• Determine that the project should proceed and order staff to
prepare the plans and specifications for the project. Staff
should be directed to contact the City' s engineering
consultant, Orr-Schelen-Mayeron & Assoc . , to obtain a
proposal from them to complete the design for this project.
RECOMMENDATIONS:
Staff recommends Alternative No. 3 , to proceed with the project
and contact OSM to obtain a proposal from them for design
services in preparinE the plans and specifications. Due to the
relatively small size of this project, staff does not feel that
the consultant' s fee to prepare plans and specifications will be
that expensive . By using our consultant , the plans and
specifications can be prepared quickly and the City would still
have time to complete the project in 1988. This project could be
bid together with other projects to reduce the overall cost of
the project.
ACTION REQUESTED:
1 . Offer Resolution No . 2914 , A Resolution Ordering an
Improvement and the Preparation of Plans and Specifications
for Market Street, from 1st Avenue to Bluff Avenue, Project
1988-6 and move its adoption.
2. Authorize staff to contact Orr-Schelen-Mayeron & Assoc. ,
Inc. to obtain a proposal for engineering services for the
preparation of plans and specifications.
DH/pmp
MARKET
RESOLUTION NO. 2914
A Resolution Ordering An Improvement And
The Preparation of Plans And Specifications For
Market Street from 1st Avenue to Bluff Avenue
Project No. 1988-6
WHEREAS, Resolution No. 2906 , adopted on June 7 , 1988, fixed
a date for Council hearing on the proposed improvement of Market
Street from 1st Avenue to Bluff Avenue; and
WHEREAS, ten days published notice of the hearing through
two weekly publications of the required notice was given and the
hearing was held on the 21st day of June 1988 , at which all
persons desiring to be heard were given an opportunity to be
heard thereon.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . That the improvement is ordered as hereinafter
described:
Market Street from 1st Avenue to Bluff Avenue
Storm Sewer and Street Improvements
2. David Hutton, City Engineer is hereby designated as the
engineer for this improvement. He shall prepare plans and
specifications for the making of such improvement.
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
Heudnickaox
&KImpWeo, 9xc.
12812 WAYZATA BLVD. • MINNETONKA, MN 55343
OFFICE: 545-9070
JUN 1 i1988
Time 1 1 CITY OF Sl 4tKOpEE
Cit,- of ,haconee
City Council and =_ayor
12? lst Ave I
:7.a;:opee, k_n 5537
Dear Sirs,
a_ 7oin._ out of tom and unable to ettend ;:our neetin of 'une
21st, but I ae writing to restate -y su?port for r^- nronosal to —save
P:ar}:et street from. Eluff to 1st .:ve. I understand that I -will be liable
for r{r half of the estimatee. '30,000 cost anO a.. more than aillin^ to
bear the assess.ent.
Thank you for ,your consideration of - ^roncsal.
Sincesel7,,
Stephen S. 7e ickson
_ 11all
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Final Plat for Prairie Estates
DATE: June 16, 1988
INTRODUCTION•
At their meeting on June 9, 1988 the Shakopee Planning
Commission recommended approval of the final plat for Prairie
Estates First Addition subject to conditions.
BACKGROUND:
On April 5, 1988 the City Council approved the preliminary
plat for Prairie Estates containing 67 single family lots and
several outlots to be reserved for future multi-family and
commercial development. The proposed plat is located South of
11th Avenue and West of County Road 17 on 80 acres of land owned
by Jerome and Lawrence Vierling. The applicants have submitted a
final plat for the first phase which includes 31 lots located on
17.2 acres.
The Upper Valley Drainageway bi-sects the proposed plat.
The City Engineer has recommended that the developer start
grading before the drainageway is complete. The cost of a
temporary ponding area cannot be justified at this time. The
City Engineer has indicated that the area South of the proposed
lots is open and the slope is adequate to handle any temporary
drainage prior to completion of the Upper Valley Drainageway.
A condition of the preliminary plat approval was that the
right-of-way for 11th Avenue between Naumkaeg and Shawmut be
vacated with easements maintained for a trail or sidewalk,
utilities and drainage improvements. The Developer has also
rearranged lots between Shawmut and Legion to eliminate the need
for construction of 11th Avenue between these two streets. The
Planning Commission recommends that the North half of the 11th
Avenue right-of-way which is already dedicated not be vacated,
but be maintained for the purpose of the drainage, utility and
trail or sidewalk improvements. The Planning Commission is also
recommending that the Developer be responsible for constructing a
concrete sidewalk within this right-of-way through this two block
area.
Outlot B shall be dedicated to the City for the Upper Valley
Drainageway and trail. This property shall count towards the
plats park dedication requirements. Because the area exceeds the
10% required for park dedication no other park dedication fees
will be necessary for the First Addition.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends approval of the final
plat for Prairie Estates First Addition subject to the following
conditions:
1. Approval of the title opinion by the City Attorney.
2. Access to CSAH 17 shall be limited to the proposed Prairie
Lane. An access permit to CSAH 17 shall be secured from the
Scott County Highway Department. No individual lot shall
have access to CSAR 17.
3 . The developer shall provide a temporary 25' construction
easement on both sides of the 100' drainageway. Outlot B
shall be dedicated to the City for drainage, utility and
park purposes.
4. Execution of a developers agreement for construction of the
required improvements.
a. Installation of the water system in accordance
with the requirements of the SPUC Manager.
b. Installation of the sanitary sewer and storm sewer
in accordance with the design criteria and
standard specifications of the City of Shakopee.
C. Existing assessments shall be reapportioned
according to City policy.
d. The developer shall dedicate Outlot B to the City.
Outlot B (3.54 acres) will fulfill park dedication
requirements for the plat.
e. Local streets (including 11th Ave. ) and street
signs to be constructed in accordance with the
design criteria and standard specifications of the
City of Shakopee.
f. The developer agrees to reimburse the City for
costs associated with construction of Vierling
Drive equivalent to the costs for a 36'
residential street and costs associated with the
sidewalk to be constructed along Vierling Drive.
Cost sharing to be determined by the City
Engineer.
g. A sidewalk along CSAH 17 will be required and must
comply with design criteria and standard
specifications of the City of Shakopee.
6. The right-of-way for 11th Avenue between Naumkaeg and Legion
Street must be maintained and the developer shall construct
a sidewalk of concrete between the developed sections of the
East-West Streets.
7. No building permits shall be issued for Outlots A, C and D
until they have been replatted.
8. The developer shall provide a recordable agreement stating
that not more than 10% of the plat within the R-2 zone will
be developed into twin homes.
9. The following changes are to be made before filing of the
final plat:
a. The name to be changed to Prairie Estates First
Addition.
b. Signature block for City Attorney to be added.
C. Signature block for City Planning Commission shall
be changed to omit the "ATTEST" signature
requirement.
d. Utility and drainage easements for side and rear
lot lines shall be 101 , not the 5' as shown.
ACTION REOUESTED:
Offer and approve Resolution # 2915 approving the final plat
for Prairie Estates First Addition.
RESOLUTION NO. 2915
A Resolution Approving the Final Plat of
Prairie Estates First Addition
WHEREAS, the Planning Commission of the City of Shakopee did
approve the Final Plat of Prairie Estates First Addition on June
9 , 1988 and has recommended its adoption; and
WHEREAS, all notices of hearing have been duly sent and
posted and all persons appearing at the hearing have been given
an opportunity to be heard thereon; and
WHEREAS, the City Council has been fully advised in all
things.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Prairie
Estates First Addition, described as follows:
The Northwest Quarter of the Southeast Quarter and the
Southwest Quarter of the Northeast Quarter except the
North 200. 00 feet of the West 200. 00 feet of said
Southwest Quarter of the Northeast Quarter, Section 7 ,
Township 115, Range 22.
be, and the same hereby is approved and adopted with the
requirements that:
1. Approval of the title opinion by the City Attorney.
2. Access to CSAH 17 shall be limited to the proposed Prairie
Lane. An access permit to CSAH 17 shall be secured from the
Scott County Highway Department. No individual lot shall
have access to CSAR 17.
3 . The developer shall provide a temporary 25' construction
easement on both sides of the 100' drainageway. Outlot B
shall be dedicated to the City for drainage, utility and
park purposes.
4 . Execution of a developers agreement for construction of the
required improvements.
a. Installation of the water system in accordance
with the requirements of the SPUC Manager.
b. Installation of the sanitary sewer and storm sewer
in accordance with the design criteria and
standard specifications of the City of Shakopee.
C. Existing assessments shall be reapportioned
according to City policy.
d. The developer shall dedicate Outlot B to the City.
Outlot B (3.54 acres) will fulfill park dedication
requirements for the plat.
e. Local streets (including 11th Ave. ) and street
signs to be constructed in accordance with the
design criteria and standard specifications of the
City of Shakopee.
f. The developer agrees to reimburse the City for
costs associated with construction of Vierling
Drive equivalent to the costs for a 36'
residential street and costs associated with the
sidewalk to be constructed along Vierling Drive.
Cost sharing to be determined by the City
Engineer.
g. A sidewalk along CSAH 17 will be required and must
comply with design criteria and standard
specifications of the City of Shakopee.
6. The right-of-way for 11th Avenue between Naumkaeg and Legion
Street must be maintained and the developer shall construct
a sidewalk of concrete between the developed sections of the
East-West Streets.
7 . No building permits shall be issued for Outlots A, C and D
until they have been replatted.
B. The developer shall provide a recordable agreement stating
that not more than 10% of the plat within the R-2 zone will
be developed into twin homes.
9 . The following changes are to be made before filing of the
final plat:
a. The name to be changed to Prairie Estates First
Addition.
b. Signature block for City Attorney to be added.
C. Signature block for City Planning Commission shall
be changed to omit the "ATTEST" signature
requirement.
d. Utility and drainage easements for side and rear
lot lines shall be 101 , not the 5' as shown.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and
the same are hereby authorized and directed to execute said
approved Plat and Developers' Agreement.
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
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Reconsideration of City Council Variance Resolution CC-
524 Denying Mary Dixon a Variance to Construct a Garage
DATE: June 16, 1988
INTRODUCTION•
At their meeting on June 7, 1988' the City Council approved
Variance Resolution CC-524 Denying Mary Dixon the variances
necessary to construct a garage on her property located at 314
East 8th Avenue. At the meeting the City Council indicated that
Mary Dixon should reapply for a variance to allow construction of
single car garage on her property. City Code Section 11. 04 Subd.
5 B3 states that; Any applicant denied a variance can not reapply
for a variance for a period of at least six months. In
discussing the action taken by the Council with the City Attorney
it is his conclusion that the only way Mary Dixon could receive
permission to construct a single car garage in less than six
months would be if the City Council reconsidered the action taken
at it's last meeting and approved the appropriate variances.
Mary Dixon has indicated that she is willing to construct a
single car garage and does not desire to wait the six months to
reapply because this would result in the garage not being built
until next summer.
BACKGROUND:
For background on this item please refer to the information
regarding Item 9b contained in the packet for the June 7, 1988
meeting.
At the June 7, 1988 meeting the City Council held a public
hearing on a variance appeal by Mary Dixon to request a 5' side
yard setback and a 7' front yard setback to allow construction of
a two car garage in front of her home located at 314 East 8th
Avenue. The City Council discussed whether to grant the
variances for a two car garage, to deny the variance altogether,
or whether Mary Dixon should be allowed to construct a single car
garage. The City Council took action denying the variances,
thereby not allowing Mary Dixon to construct a garage. The City
Council also directed Mary Dixon to start over with the process
and request the variances necessary to construct a single car
garage.
Mary Dixon discussed with the City staff the possibility of
reapplying for the variances necessary to construct a single car
garage. She has indicated that she is now willing to construct a
single car garage provided the garage can be constructed in the
front of her home as she feels this is the only feasible
location.
Section 11.04, Subd. 5 B3 of the City Code states; "No
application for a variance which has been denied wholly or in
part shall be resubmitted for a period of six months from the
date of said order of denial except on grounds of new evidence or
proof of change of conditions". In discussing this matter with
the City Attorney, it was his conclusion that the applicant could
not reapply for another variance for a period of six months. The
City Attorney indicated that the only option for receiving a
variance to allow a single car garage in less than six months
would be for the City Council to reconsider their action at the
next meeting and if they so desire to grant the variance allowing
the setbacks necessary to construct a single car garage.
If the applicant were given permission to construct a 16' x
22' garage located in the front of her home, she would need a 1'
side yard variance allowing a 9' side yard setback and a 23 '
front yard variance allowing a 7' front yard setback. If the
applicant were allowed to construct a garage 16' x 20' in this
location she would need a 1' side yard variance allowing a 9'
r side yard setback and a 21' front yard variance allowing a 9'
front yard setback.
ALTERNATIVES:
1. The City Council could reconsider it's action regarding
Resolution CC-524 and approve the variances necessary to
allow Mary Dixon to construct a single car garage in the
front of her home at 314 East 8th Avenue.
2 . The City Council could decide to not change it's action
denying the variances to Mary Dixon, thus requiring her to
wait the six month period before reapplying for another
variance.
ACTION REODESTED•
1. Move to reconsider City Council action on Variance
Resolution CC-524.
2. Offer Variance Resolution of the City Council CC-524 moving
approval of the variances necessary to construct a one car
garage.
�zb
MEMO
TO: JOHN ANDERSON/CITY COUNCIL
FROM: JIM KARKANEN-PUBLIC WORKS
SUBJECT: DUST CONTROL REQUEST `
DATE: 6/14/88
INTRODUCTION:
Pursuant to your 3-part memo regarding the Council request
for more information pertaining to Joe Notermann' s appearance at
the Council meeting June 7th, 1988 .
BACKGROUND:
Your 3-part memo contained several questions that you
requested of our department regarding the request for dust
control on Adams street north of 6th Ave.
1 . WHY MUST SCHOOL BUSES USE ADAMS STREET?
This question was asked of Norbert Schmitt who is the
owner of Shakopee Services, the bus operator for the Shakopee
School District. He responded that this route was the shortest
and most direct route to the schools in this area ( Sweeney
school) , and that this route traversed through the least
populated neighborhood of any other route which his vehicles
could use to get to the school loading area.
2 . WILL THE SCHOOL BUS OPERATOR PAI' FOR DUST CONTROL?
The school bus operator emphatically reminded me that when
he wanted street improvements in front of his house , he had to
pay for them himself, and that the traffic that used his street
did not have to pay a "toll fee" for using a street.
3 . WILL SCOTT COUNTY PAY FOR DUST CONTROL ON ADAMS STREET AS
AND EXTENSION OF COUNTY ROAD 015'.
This question was asked of the Scott County Highway
Department road foreman who indicated that it was not their
policy to dust coat streets outside of their normal rural policy.
Besides, Adams street north of Hwy 300 is not a county road.
4. WILL THE CITY REQUIRE SCOTT COUNTY HRA TO PAY FOR SOME
DUST CONTROL IN THE NEW JOINT POWERS AGREEMENT?
This question was asked of Dennis Kraft, our HRA director,
who stated that the County has not purchased the property yet,
and that the resolution for the joint powers agreement has not
been started yet.
5. TALK WITH CITY ENGINEER ABOUT THE DUSTCOAT CONTROL AFTER
THE SEWER PROJECT HAS BEEN COMPLETED.
The City Engineer was consulted, and agreed that no dust
control measures should be considered until after the project has
been completed. We both agree that a permanent improvement
should be recommended to Council for this street after the sewer
project has been completed.
The City of Shakopee , in 1980 , had already adopted a dust
control policy in regard to urban and rural dust control .
Later, City Administrative Policy No. 70 was passed by Council
motion which states that the City will not participate in dust
control measures in the urban area. but will allow calcium
chloride treatment if the property owner wants to pay for it.
The policy was adopted in response 'tio a petition which was
presented to the City in June of 1982 . In this case , the
property owners near 11th and Spencer paid for the dust control
treatment themselves.
In 1987 , the property owners on Market Street between 3rd
and 4th Avenue, requested a calcium chloride application. This
request was approved by Council with the provision that the
petitioners pay for the application. This dust control treatment
was applied on two occasions that year, and the adjacent property
owners were billed for both applications, with the Engineering
department acting as an administrator of the project.
Administrative Policy No. 70 states:
"In brief, the city does not permit oil treatment of any kind for
dust control , only calcium chloride . The only roads eligible for
dust control treatment ]Raid for by the City are rural roads
urban roads can receive dust treatment if they pay for it The
City contracts annually with the low bidder for Scott County dust
control program, and the Public Works Superintendent coordinates
all City Applications. "
5/18/82 - (motion) "Colligan/Gerling moved to reject the
request of dust treatment for 11th Avenue, but if the residents
in the area would like to do something themselves for dust
control , they should work that out with the City. Motion carried
unanimously. "
We have had several requests for dust control annually, and
we generally give them the name and phone number of our dust
control contractor, and the generally Y g y coordinate with the
contractor. We insist on knowing where and when the treatment
will be applied so we can properly prepare the street surface for
the dust control treatment. The property owner is generally
billed directly by the contractor at the current contract price.
The City of Shakopee dust control policy, adopted in 1980,
was patterned after the Scott County policy. This policy
recommends a calcium chloride application for rural residents
only because it is difficult to encourage anyone in the rural
area to request permanent street improvements because of the
prohibitive cast to these residents. The policy approved by
Council in 1980 indicated that temporary dust control in the
urban area was not recommended because these residents should be
encouraged to petition for permanent street improvements.
The policy adopted in 1980, and the Scott County policy both
specify that if a home is located within 175 feet of the roadway,
the road would receive a calcium chloride treatment twice a year.
This application is generally scheduled mid-May and mid-August.
The chloride application is normally 300 X 22 feet, and
calibrated at an application rate of 0: 25 to 0. 30 gallons per
square yard for the initial treatment, but the second application
can be applied at a lesser rate, perhaps at a 0 . 20 to 0 . 25
gallon/sq. yd. rate. This application rate will fluctuate
depending on general weather and seasonal conditions, and is
applied in liquid form by a special distributor truck.
A normal dust treatment will generally cost approximately $175 to
5200 per 300 foot application. This price is for the normal
contract application, but if the contractor has to make a special
return trip for subsequent applications , the price per gallon
could be increased. A normal 300 x 22 foot application is 733
sq. yards, or 220 gallons per application. (e 0. 30 gallons per
sq.,yd. ) Our dust control budget reflects rural dust control
treatment only.
Information for your second 3-part memo for:
WEST 4TH AVE - ADAMS TO HARRISON
The Street department can, and does provide pothole patching
on 4th Avenue as requested. Several years ago, the City Council
directed our department to provide only "minimum maintenace" in
this area. To provide minimum maintenance, it is our intention
to fill deep potholes with bituminous material where applicable,
and to fill any deep gravel holes with a granular material . In
the winter, we plow an access road through the 4th Ave R/W so
foot traffic and vehicular traffic can gain access to Adams
street. The blacktop surface near the apartments on Harrison
street was built by the apartment owner many years ago as a
driveway to the Harrison apartments , and was not intended as a
City street. The remainder of the street R/W was filled in by a
local developer with material hauled in from other locations,
after the bituminous driveway was constructed by the apartment
owner. The driveway is not of the proper thickness, nor does it
have the proper base or sub-base for the traffic which uses this
driveway, and does not meet our standard criteria for street
construction . It is our opinion, and the opinion of the City
Engineer, that a permanent road surface be built for this street,
and that proper storm drainage also be provided.
Attached is a consulting engineering report regarding a
Council request to do a preliminary investigation report for the
purpose of constructing street improvements on 4th Ave. from
Adams St. to Harrison St. The conclusion of this report informs
us that portions of the roadbed is constructed with various fill
materials, and the suitability for roadway construction is
questionable on a preliminary basis because amounts of organic
material were found in the sub-base material . Because the
roadbed is relatively flat, the report recommends that a storm
drain system be installed with the street construction. Our
engineering department is not aware of any other soil boring
tests that have been conducted in this area during the past
several years, nor do they have any report on file.
Dave Hutton, City Engineer, and I both recommend that 4th .Avenue
from Adams to Harrison be improved, either by petition or Council
initiative.
Because of the abnormally dry season, we can probably expect
more dust control complaints , and/or requests for calcium
chloride.
ALTERNATIVES :
1 . Rescind/revise Administrative Policy No. 70.
2 . Deny request for dust control on Adams St.
3 . Refer complainant to our dust control contractor and
coordinate his request with the contractor. The contractor
will bill the property owner direct.
4. City pay for the dust control application.
5. Initiate street improvements for Adams Street .
RECOMMENDATION:
Alternatives 3 and 5 .
Refer the complainant to the contractor if temporary dust
control is desired, and initiate, by Council action , or by
petition, a street improvement project to take care of a
recurring problem. This street will be closed during the sewer
replacement project on Adams street.
We also recommend that a street improvement project be
initiated to resurface 4th Avenue from Adams to Harrison Streets.
Administrative Policy No. 70
Subject: Dust Coating
Date Adopted : June 4, 1982
Source of Authority: City Council Motion
The City's policy on dust control has evolved over a number of years
and is based upon the action taken by Council on the two attached
memos .
In brief the City does not permit oil treatment of any kind for dust
control , only calcium chloride. The only roads eligible for dust
control treatment paid for by the City are rural roads , urban roads
can receive dust treatment if they pay for it . The City contracts
annually with the low bidder for Scott County dust control program
and the Public Works Superintendent coordinates all City applications.
5/18/82 - "Colligan/Vierling moved to reject the request of dust
treatment for 11th Avenue, but if the residents in the
area would like to do something themselves for dust
control, they should work that out with the City.
Motion caried unanimously."
C ..
e . CITY OF SHAKOPEE
129 East First Avenue, Shakopee. Minnesota 55379
ti-
MEMO
John Anderson - Administrator
1:
! tom: Jim Rarkanen - Public Works Dept.
' )BJECD W 4th Ave - Adams St. to Harrison St.
'.TE: Aug. 14 , 1981
This memo is in response to your request regarding the maintenance'
history of West 4th Ave. between Adams St. and Harrison St.
The Public Works Dept. was instructed by former Administrator
Doug Reeder in early May of 19r0, to cease maintaining this portion of
West 4th Ave. because the street had not been constructed to City
specifications or standards. Prior to these instructions, we performed
minimum maintenance to this street because of the poor grade of sub-
base material and lack of gravel base material placed by the developer
of this area. We did,however, d , minimum grading during the summer,
and did snow removal to keep the R/W available for access to Adams St.
for the children in the area to walk to school.
Be Spurrier informed me that in April, 1980, the Council had a
lengthy discussion about the R/W because of a conditional use permit
application in the area. I suspect that Mr. Reeder' s directive to cease
maintenance on this street was as a resultofthe Council' s discussion.
Since that time, we periodically check the R/W to insure us that there
aren't any .severe traffic hazards or problems to any traffic which may
happen to use this R/W. The west end of this R/W has always been used
by the apartment on Harrison St. as a driveway entrance. The bituminous
surface is very thin and in a constant need of repair.
Attached to this memo is a copy of the consulting engineer' s report
concerning the material used as a sub base by the developer.
Cou,ucll .9CT/Giv — ` "
n � lNt fgTf.� dJl/.ui.-n a..+ in9iaT��✓�E .
.n
l;
April 7,1980
REPORT
1980 Improvements j _
TO: City of Shakopee
FROM: Suburban Engineering, Inc.
SUBJECT: 4th Ave. - Adams to Harrision St.
GENERAL
As directed, we have made this preliminary investigation for the construct-
ion of a local City street improvement on 4th Ave. from Adams St. to Harri-
son St. , including necessary storm sewer construction. In addition, a separ-
ate study was made to investigate the improvement of Adams St. to a finished
collector street. The report on the Adams St. investigation is included
with this report but may be considered as a separate project with special
provisions for modifying the intersection of Adams St. and 4th Ave.
EXISTING CONDITIONS
t hr•-presdway of:=4th;Ave. ':is.:,a,:;.marginal. gravel :surface .about X30 -ft.
aide >
:804 t.. WideJright_ of«way. ,The.: =oLiJ.e,;grade-is minimal and -slopes from
edams;-Ho-;iiarrisen. Drainage is presently provided at a catch basin in the
southeasterly corner located off the roadway in a low area. The basin is
connected to the trunk storm sewer on Harrison Ave. .
xord�'nrt ;to ..�rliminrb€i�iinatvi :._..._
�itn ,&:sn ting-. sorf errs-'iif- r�t-oad b e d
is onst.r•ucted_on f-i-11;,.aiateria1 -in ,the=:vicinity :of Adams-and_the` suitabil•ity
for .roadwa
ytonstruction-_is_Auestinable::-on -preliminary :basi8. wThe -natural
g,
.are a.si1ty:- sand ,and._are: considered.;acceptable •for_-roadway ` onstrNct-
ioneaAdditi.onal=moiIs=:data^is necessary;for final desigc.
For preliminary design purposes, an "R" value of 15 was assumed which is
based on soft so i 1 s. Sma-1�l7amovntsrAef-organic-materials,;.were-found .-in.;the
muti-base.materia ii_
1
EXISTING CONDITIONS (con's)
Rriveways=..;-Lbenorth- enterin -
OW111de R - apa r[men['2;aites. sa [e27adt::arell'def„ynd
J� Aoor cont rolthed
i�bf bra „�a[eiiiR or':Leaving .;the:�street.."�Aaveways
DFSICN lative ly jat .ao _tha4_tra image ous[CRITERIA e,;arefully_:Cnnsidered.
Pe Preliminary thickness design is _based .on_-present_City gs tendards end
9 ton lDOT�oadsandards. The criteria used is a 20 year projected
9 ton lo. The su6grade factor used is "R" -• volume of 50,000
15 which represents the
soils found in the soils poorer
investigation, The
is 2" more gravel than a Preliminary thickness designed
streets. minimum construe [ion standard of Shakopee for local
In the
Of Adams Preliminary
design,anev profile is Proposed to meet the new Profile
grades will be at City minimum grades andwill
adjoining lands as close as possible. match
PROPOSE-
FTbe.;proPosed project rill
":be s;._f lni5bed-'lbcal,street,.-
fnd gu[[er and catch basins. mita - J6_ft "wide_=witb..curb
-' gg➢� -sever an_d-water
Qreyiously. G- ry _ ---- main .has been._insta
lied
ESTIMATES OF COST AND ASSESSMENTS
The detailed estimates of
are included in c°s[ for the street, stone sewer and w
Appendix A. The estimate of aver main
date of soils and costs are based on available
ledge rock iThe c pect contractors tion and on what/ we ex
to bid for such work in 1930. The cost es[ima tet
administration, engineering, fiscal, include an
allowance for
estimated
legal and miscellaneous -char
cost of the improvement is $75,840.00, Res. The
It is Proposed to use the adjusted front footage method for street benefits
so the properties abutting the improvement.
The estimated assessments for street
local street according is computed on she basis of
a minimum
[o the Ci[
be paid from y Policy. The extra cost is
Other street funds. AccordinglyProposed [o
is $62,475,00. The corresponding. the estimated assessment cost
assessment rate for a minimum local
is S55.05/f t.
scree[
2
This is information provided to Council on April 5th 1
MEMO TO: John K. Anderson, City Administrator
FROK: Dennis R. Kraft, Community Development Director
RE: Proposed Community Center at Minnesota Valley Mall
DATE: March 29, 1988
INTRODUCTION•
The Essex Corporation is in the process of purchasing the
Minnesota Valley Mall on the Western edae of Shakopee.
Discussions earlier indicated that they would be willing to work
in conjunction with the City to construct a community center,
including an ice skating facility, as a Dart o: the mall
renovation project this spring and summer. The developer has
requested a City Council decision by April 19, 1988.
BACKGROUND:
The Minnesota Valley Mall has been in existence for the past
12-15 years. During much of this time the mall has been
producing less than market rate taxes because of the high vacancy
ate. Several years aao the owner o`_ the mall anpealed the tax
levy on the basis of the low income stream. That appeal was
granted and the taxes were subsequently reduced on the mal'_.
It the time of purchase the Essex Cor_ooration indicated that
the vacancy rate of the mall was 42%. (This is far above the
viable average for a facility such as this.)
` the community center facility were to be a pa -t of the
mall it is my opinion that it would have a positive impact on the
operation of the mall. This would also probably be a facility
unique in the State of Minnesota.
The City Council, early this year, apnointed a Committee of
two members (Steven Clay and Joe laic) to nee: with various groups
who might be interested in recreational facilities as part of the
mall. Several meetings were held with the developer and with
groups interested in various types of recreational ac-ivities in
the community including ice skating, gymnastics, wres_ing, and
other activities.
The estimated net cost of the community center, including an
eauipped ice arena, would be $1,550,000 (see attached preliminary
estimate). Based upon the prevailing residential share of the
property tax base, this would represent approximately $73 per
community resident. ?or an eight year period the approximate
annual per capita cost would be 512 to $14.
A free standing _`agility to be built by the City on another
site would have an approximate estimated cost of $2,400,000,
based upon a construction cost of $45 per square foot. _- the
City Council is interested in the construction of a community
center, it appears that a savings of 30-35%.could be realized by
constructing in community center at the Y.innesota Valley Mall. k
free standing facility would cost more because it would have to
be bid in accordance with applicable State statutes and would
include additional costs for excavation, paving, wiring, liahtinc
and landscaping. Also there are other efficiencies which would
exist as a result of the Essex Corporation working on the
facility and already having a construction superintendent and
crew on the site. It is also believed that the Essex Corporation
will be able to purchase steel at a cheaper price than the City
because of their volume buying another projects. Also the Essex
Corporation will be able to share the parking lot with the City
and the City's responsibility for up ieep will be at a nroratz
rate rather than the full responsibility for this type o`
maintenance.
LEGAi ASPECTS
T- is our opinion that the City can purchase the facility on
a turn key basis and that the Ci -v use surplus TIF for this
project. The operation will be self sufficient from an operating
prospective,according to estimates by the City's Community
aecreation Department, based upon information from other
radiities. This does not mean that the capitalization, or
navment Of the structure, would be included in anis however. Tne
site is within the tax increment project area and it would be a
ne^,issable use of TIF funding.
In looking at the present status of the tax increment cash
flow f.,r the City there would sufficient increment available to
nav f..r the facility if the city Council so desired.
CO —MYTTv PERSoECTY",
Various recreational croups in the community have SUDDD- ed
the concent of constructing a community center in the Minnesota
Valley Na'_1. For example, the attached letter from the Shakopee
-:ockey Association indicates that they would be euite interested
in monis faciL•'ty, That Da='zicular group has attended three cr
.four meetings heldwith representatives o` the City and have held
several additional meetinas on their own to discuss this subject.
The Cc=Unri-y Recreation Department has also indicated that there
is z extensive amount o` i
wrestnterest in the Dart of a rwlas acs,
ling, baseball and basketball groups (see attached estimated
Use information).
The concept for the renovation of the mall and detailed test
figures are included as an attachment to this memo. Information
was provided by the Essex Ccrnoratior..
RBCOMHENDATION
No action is sought on this sUtiect at --.is time. The two
comma-�-�ee members, Council Members Clay and zak, and the
Community Development Director will be happy to answer ane
ld- C,
questions that other Council Members might have on this subject
at this time. Also the developer will make a presentation at the
April 5 City Council meeting. It is intended that this item
appear on the April 19, 1988 agenda for action at this time in a
manner consistent with the requests of the developer z
presentation will be made on the concept/facility at that time.
Additional supporting documentation will be on the Council
table Tuesday evening.
PRELIMINARY ESTIMATE ONLY
SPORTS CENTER
ICE RINE INTERIOR FINISE - 53,400 S.F.
EXISTING BUILDING ($15.00/SF)
= 13,500/SF -R
-:.S 202,500.00
IMPROVEMENTS TO EXISTING BUILDING
General Reouirements
1
LS
61500.00
Remove Cone Floor
750
SF
563.OD
New Concrete Floor
6,500
SF
91100.00
Misc. Blocking
500
LF
750.00
Doors 6 Frames (Inc. Edware)
12
EA
4,200.00
Entrance Doors
3
-Er
4,500.00
partitions
585
LF
14,625.00
New Cei lint
15,000
SF.
11,250.00
VCT Flooring
4,700
SF
5,675.00
Rubber Mac Flooring
31700
SF
24,975.00
Carpet
1,080
YD
131500.00
Hull Finish
12,000
SF
12,000.00
Tcilet Partitions
21400.00
Plumbing - Toilets
91000.00
Piumbinc - Urinals
_ 700.00
- Lavatories
61400.00
- Shovers
51500.00
- Sink/Fes: Food
500.00
- [eater Beater
51000.00
HVAC Existing Units
2
Et.
500.00
EVAC Added Units
4
EA _
26,400.00
Light Fixtures - Add
140
EA
141000.00
Licht _ixtCres - Relocate
50
1,750.00
Power Outlets
15,000
SF
3,750.00
Fee (105)
18,750.00
TOTAL
s 206,488.00
ICE RINK ADDITION
General Condition=_
Buildino Excavation
Concrete Footinc
Concrete Floor/Out. Rink
Metal Building
Bleachers
ice Rink (Complete Eeuip)
Brine Svstem
Heating for Rink
Heat for Soectators
Electric Service 5 Meter
Rink Lighting
Power Outlets - Di_trib.
Electric - ice Soulo.
Rubber Mats - 6.75/ps`
Painting
Plumbing
Equipment Room
Fee (78)
TOTAL ICE RINK ADDITION
IMINARY ESTIMATE ONLY
1 LS
28,800 SF
1 LS
12,500 SF
1 LS
12 SEC
1 LS
1 LS
5,000 SF
1 LS
70 EA
26,800 SP
2,000 SF
SUMMARY
Exis-ung Building Purchase
Gvmnasium Abri -tion
Improvements to Community Center
Ice Rink Addition
Architectural 6 Engineerinq
Contingency
Concession Area
PRELIMINARY COST SUMMARY
OPTIONS=
Masonry
Existing Equipment Sale
Labcr Contribution Ecuioment Installation
I yC�
5 90,000.00
10,800.00
22,000.00
17,050.00
162,000.00
.00 (Existinc)
360,000.00
12,000.00
6,250.00
7,500.00
17,500.00
10,000.00
15,000.00
13,500.00
15,000.00
20,000.00
30,000.00
56,901.00
$ 835,501-00
5 202,500.00
i99,O42.00
206,988.00
E351501.00
35,000.00
50,000.00
25,000.00
51,553,531-00
40,000.00
(40,000.00)
(30,000.00)
GYMNASIUM ADDITION
SIZE: 70 s 120 = 8,400 sq. ft.
General Conditions
Building Excavation
Concrete Footino
Concrete Floor
Building - Concrete
Steel Roof & Structure
Beating ; Makeuo Air
Electric Service 6 F)eter
Electric - Distribution
Lighting
Painting
_-.e Doors (Manuel)
Entrance Door
Service Door
Continoencv
Pee (72)
Architecture! a Enc-ineering
TOTAL:
$ 7,100.00
3,200.00
10,640.00
13,020.00
36,100.00
51,660.00
12,000.00
3,000.00
2,000.00
6,400.00
7,500.00
6,000.00
1,500.00
500.00
15,000.00
12,923.00
8,500.00
$199,043.00
Sprinkler Rink > Gvm
' $ 27,900.00
eOLMSTEH SYSTEM
(Verbal Quote)
1) 135 Ton System:
Includes:
I�-(2�--
Concrete
Re`_rioeration System
Subsoil Beat
ice Me!- ?it with Sot hater S 3391988.00
2) .Dasher Boards:
1. Steel names 75,000.00
2. Fiber Glass 104,000.00
3) Dehumidifier Unit: 25,500.00
TOTAL COST: S 440,558.00
*This does not include Beat Reclaimation Sv=_tem
It hes been indicated to me that item `.1 could be neo_etiated down
to 5275,000.00 to 5300,000.00. __ this is true, the cost would
be $404,100.00.
BEX CO RPo o
emo�owNim,38
.
�s=a.uaD
April S, 1988
Mr. Dennis Kraft
CITY OF SHAKOPEE
Shakopee, MN 55379
Dear Dennis:
Enclosed please find aneste
Scuzre Foo: Cimated cost sheet taken from me, i s
osts, 1988 Addition. This
cost would be for a community center. shows what anticipated
I have added several numbers at the bottom in the sitework
category. This was done, as this work is aireadv included.
The purpose o£ this is to show you wha;
were to build only that it would cost if you
be se1j, portion of the shopping center we would
n9 to the City of Shakopee for 515.00 pez square £pot.
As you cin see, it should cost Shakopee an estimated $44.73 per
square foot to duplicate what we would sell for $15.00 per
squire foot,
I have checked in red those categories
my total, that i have included in
It should also be noted that we have added nothing for land
costs, assuming it would be built on existing park property.
Very
Richard R. Curry
ARC/k
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VALLEY ICE ARENA
P.O. BOX 200
991 11TH AVENUE (TEST
SHAKOPEE, MN 55379
CONTRACT PROPOSAL
This proposal is a tentative agreement between the City of Shakopee
and the Shakopee Hockey Association.
I. ICE TIME
A. A minimum of two (2) hours each per registered skater for
a period of ten (10 ) years . (100 skaters means 200 hours ,
etc. ) .
B. These hours each year would be 808 prime ice time.
1 . Monday-Tuesday, Thursday-Friday, 6: 00 PM - 9: 00 PM
2. Saturday, 9: 00 AM - 6 :00 PM
3. Sunday, 12:00 PM - 6:00 PM
C. Cost of ice will be competitive with other arenas .
Competitive meaning two arenas picked by the City and two
arenas picked by the Shakopee Hockey Association to
average those rates.
D. Shakopee Hockey Association will be the first to select
ice time after Shakopee , Chaska and Prior Lake High
Schools have selected their ice.
E. The ice schedule will run from October 1st thru March
31st.
II. CONCESSIONS
A. Shakopee Hockey Association will operate the concession
stand.
B. All expenses generated by its operation will be the
responsibility of the Shakopee Hockey Association and the
profits will be used to defray ice costs .
III. EQUIPMENT
A. No equipment shall be removed from the current arena prior
to the opening of the new arena. I£ ice is not available
by October 1 , 1988 , the Valley Ice Arena will make ice and
operate the current, facility for the year 1988-1989.
-2-
IV. OPERATION
A. If, for any reason, the new arena fails and the City of
Shakopee decides to eliminate the hockey arena, we, the
Shakopee Hockey Association, have first option to operate
and manage the new arena.
V. LOCKER ROOMS r
A. Five (5 ) locker rooms are required with a capacity to
accommodate 25 skaters each.
B. Showers would be optional.
C. Community locker rooms are not acceptable .
VI. TOURNAMENTS
A. The City of Shakopee will guarantee Shakopee Hockey
Association three (3 ) tournaments at 72 hours total and an
option of a clinic at 15 hours to be run by Shakopee
Hockey Association with all profits to said association.
VII. TURN-KEY DISPOSITION
A. Upon the opening of the new arena, the Valley Ice Arena
will be donated to the City of Shakopee for turn-key
disposition.
VIII MANAGEMENT ADVISOR
A. One individual from the Shakopee Hockey Association will
be used in an advisory capacity to assist in the manage-
ment of the new arena.
IX. SOUND SYSTEM
A. An acceptable sound system will be installed in the new
arena.
X. SCOREBOARD
A. The scoreboard shall remain intact with the Shakopee Lions
and the Shakopee Jaycees names appearing on the scoreboard
to advertise where the donation came from.
-3 �a C�
XI. All items of this proposal will be in effect for a period of
10 years , with the Shakopee Hockey Association having the
option to extend this contract indefinitely .
3 iT
Preliminary Budget Draft
community Center
Exoen Qitures
4100 Salaries - Full Time 21, 000
4112 Overtime - Full Time 2, 000
4130 Salaries - Part Time 41, 000
Fringe Benefits 17, 000
Total Personal Services $ 80, 000
4210 Supplies 5; 000
4222 Motor Fuel & Oil 9, 000
4230 Building Maintenance 10, 000
4232 Equipment Maintenance 10, 000
4310 Professional Services 500
4320 Postage 600
4321 Telephone 500
4330 Travel 100
4350 Printing/Publishing 2 ,500
- 4360 Insurance 12, 000
4370 Utilities 70, 000
4390 Conf & Schools 500
4391 Dues & Subscriptions 150
4499 Misc/Contingency 18 . 000
S 192 . 650
3/14/88
C
Preliminary Budget Draft
Communitv Center
Revenues
Vending Machines $10, 000
Coin Operated Lockers 10, 000
Skate sharpening 7 , 000
(one) Batting Cage Room (archery) 24, 000
Advertising Banners 15,000
Daytime Tennis 1, 000
Gym Rental
Multi-Purpose Room Rental 500
Concession Lease 100
Ice Arena Rental 500
Game Admission Fees (High School) 125, 000
Summer Hockey School -
skating School
Video Machines 3 . 000
S196 . 100
3/l4/68
Item 3-B
Shakopee, Ftn
OPERATING COST SAVINGS
A. Parking lot lighting
B. Parking lot maintenance
C. Trash Hauling r
D. Plowing
E. Parking lot sweeping
F. Vestibule costs
G. Grounds care
H . Walks shoveling
I . Administrative
J. Security
ESTIMATED SAVINGS: $20,000.00
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FACT SHEET
PROPOSED SHAKOPEE COMMUNITY CENTER
WHAT: On Tuesday June 28,1988 the voters of Residential Property Impact
the City of Shakopee will have the opportunity Residential properties would pay an average
to vote for or against the issuance of up to tax increase ranging from $6 per year
$1,500,000 in General Obligation Bonds for the ($0.50/month)for a house with an estimated
purpose of constructing a community center, market value of$50,000 to an annual tax in-
The community center as proposed includes a crease of$60 per year ($5 per month) for a
gymnasium, running track, meeting room house with a market value of$150,000. The
facilities as well as an ice skating arena and would tax impact on the average value house in
be operated by the Shakopee Community Shakopee($70,000)would be$21 per year or
Recreation staff. Surveys of area communities $1.75 per month.
have indicated that comparable facilities may be
operated on an essentially breakeven basis.
WHERE: This facility is proposed to be con- POST-ELECTION PROCEDURE: After the
structed as a part of, and adjacent to the Min- election the Shakopee City Council will meet on
nesota Valley Mall in the western part of June 29 to canvas the votes. If the referendum
Shakopee on Highway 169. The facility and land passes the City Council may then issue up to
upon which it is built will be owned by the City $1,500,000 in bonds for project financing. Final
of Shakopee,not the mall owners. facility design and costs will be the result of
negotiations with the Essex Corporation, the
WHEN: If approved by the voters and the firm which is presently in process of purchasing
Shakopee City Council the facility will be con- the Minnesota Valley Mall..
structed in 1988-1989 according to current
schedules. Should the Essex Corporation and the City not
reach an agreement the City is not obligated to
CO : Estimates by the City s financial consult- sell the bonds and proceed with the project.
ant have projected an average mill rate increase
to city taxpayers of 1.73 to 1.76 mills for a$1.5 mil-
lion project for 17 years.
MORE INFORMATION: To obtain more in-
Commercial Industrial Properties formation on this projectcontacteithe- Dennis
Impacts on commercial and industrial Kraft:or John Anderson at the Shakopee City
property would range from$25 per year on a #Hall at 129 East First Avenue (phone: 445-
property with an estimated market value of X3650).
$50,000 to$98 per year for a property with a
value of$150,000.
PROPOSED COMMUNITY CENTER
Track
O O o
Oc
_o
O Ice Rink O Gymnasium `
D
V
Q
O
Bleacher
SIZE: The facility, as proposed, Meeting o
will include Rooms/ —`
13,500 square feet in the existing shopping cen- Classesv_
—
terbuildingwhicbwill bedevoted tocommunity Locker Rooms, m
center space; a 43,400 square foot ice skating Concessions a
arena/wallking-Jogging track structure and gym- —`
nasium. m
x
Lobby w
t
VOTE TUESDAY JUNE 28
Polls are open 7:00 a.m. to 8:00 p.m. Absentee Ballots are now available at City Hall
between the hours of 8:00 a.m. and 4:30 p.m. or
Polling places are: by mail. Call 445-3650. City Hall will also be
open for abentee ballots on June 25th between
1st-Fire Station 1:00m. and 3:00
R p.m. and on June 27th be-
2nd-Public Library tween 5:00 p.m. and 7:00 p.m.
3rd-Presbyterian Church
4th -Thrift Shop
5th- Christ Lutheran Church
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Cler�i
RE: Application for Liquor Licenses - Bretbecca, Inc.
DATE: June 17, 1988
INTRODUCTION:
The city has received applications from Bretbecca, Inc. for
On Sale, Sunday On Sale, and Off Sale Intoxicating Liquor
Licenses. Bretbecca, Inc. is purchasing the Pullman Club from
The Pullman Club Inc.
BACKGROUND:
The Pullman Club Inc. is negotiating to sell the Pullman
Club on and off sale intoxicating liquor business to Bretbecca,
Inc. However, before they actually complete the transaction,
Bretbecca, Inc. desires to know whether or not Council would
approve licenses for them.
The application has been checked and approved by the Police
Department (see attached) .
The application is in order. Insurance and bonds are in
order.
The closing for the sale is set for June 24th. The license
could not actually be approved until Bretbecca has purchased the
business. If the sale goes through on the 24th, Council can then
approve the licenses on the 29th at the Council meeting which is
set to canvass the ballots.
In case the sale should not go through, The Pullman Club
Inc. has also made application to renew their licenses. Both
applications should be tabled. One license application will have
to be withdrawn prior to June 29th and on June 29th Council may
take action to approve licenses for one applicant or the other.
ALTERNATIVES:
1] Indicate that Council is willing to approve the
applications of Bretbecca, Inc. for on sale, Sunday on sale, and
off sale intoxicating liquor licenses.
2] Indicate that Council is not willing to approve the
applications of Bretbecca, Inc. for on sale, Sunday on sale, and
off sale intoxicating liquor licenses.
3] Table applications of Bretbecca, Inc.
4] Table applications of The Pullman Club, Inc.
Bretbecca, Inc. Liquor Applications
June 17, 1988
Page -2-
5] Approve applications of Bretbecca, Inc. (who does not
currently own the business)
61
insurance Approve
obondp are not applicationsoff in h order, but e Pullman C will be by tJune
29th, if necessary)
RECOMMENDATION•
Alternatives 1, 3 , and 4.
RECOMMENDED ACTION:
1] Move that upon purchase of the Pullman Club by
Bretbecca, Inc. prior to the next Council meeting, that Council
will grant on sale, Sunday on sale, and off sale intoxicating
liquor licenses to Bretbecca, Inc.
2] Move to table the applications of Bretbecca, Inc. , 124
West First Avenue for on sale, Sunday on sale, and off sale
intoxicating liquor licenses.
3] Move to table the applications of The Pullman Club Inc. ,
124 West First Avenue for on sale, Sunday on sale, and off sale
intoxicating liquor licenses.
BRETBECC.A
TO: Mayor, Councilmembers
FROM: .Tom Brownell, Chief of Police
RE: Liquor License Application
DATE: June 15, 1988
INTRODUCTION
Bret Joseph Hoffman/Rebecca A. Hoffman, 836 South Main Street,
Shakopee (Bretbecca, Inc. ) have applied for an On/Off sale
intoxicating liquor license.
BACKGROUND
Applicants will be operating the business presently known as the
Pullman Club, 124 West let Avenue, Shakopee. The Police
Department has conducted an investigation relative to the
applicants character, and financial status of the corporation.
RECOMMENDATION
The Police Department recommends the approval of On Sale, Sunday,
and Off Sale liquor licenses to Bretbecca, Inc.
CONSENT
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE: The Hiring of a Planning Consultant
DATE: June 14, 1988
INTRODUCTION•
Earlier this Spring the City Council authorized the
establishment of a committee for the purpose of interviewing
various planning consultants, one 'of whom would have the
responsibility of preparing a major update for the Shakopee
Comprehensive Plan. This memo requests authorization to hire the
selected planning consultant.
BACKGROUND:
A committee composed of City Council, Planning Commission,
Community Development Commission and staff members interviewed
four planning consulting firms who responded to the City's RFP to
prepare a major update to the Shakopee Comprehensive Plan. The
committee unanimously choose the firm of BRW to prepare the plan
update. Subsequent to this decision the City Council ratified
the decision of the committee. The next step in the process is
that of authorizing the official signing of the contract with BRW
for the purpose of updating the comprehensive plan.
Attached please find a copy of the agreement for
professional services between the City and BRW. The Community
Development Department also has a copy of the complete work
program for the comprehensive plan, however in order to conserve
paper, the work program was not copied and distributed to Council
members at this time. If any Council member would like a copy of
the work program they should contact Dennis Kraft and he will
insure that one is made available.
The revised work program for the comprehensive plan
specifically emphasizes those areas that the City of Shakopee
deems most important as relates to the planning for the future
growth of the community. The process will include both an
element which will elicit opinions from a cross section of
members of the community and also a marketing/economic
development plan which will insure that the plan which is
prepared is consistent with the Shakopee market.
Attached also please find a task time chart for the
comprehensive plan. This chart delineates the various major
tasks to be undertaken in the planning process along with the
community involved phase of the update process. As can be seen
by looking at this chart, it is anticipated that the entire
process will require approximately one year to complete. During
the summer vacation months, no public meetings will be held.
Many people will be on vacation during the summer and the
planning process is most valid if there is wide spread
participation by the entire community.
The original cost estimate which was sent to the City
Council was for $77, 094. The revised amount has been decreased
to $76,260.
RECOMMENDATION•
It is recommended that the City Council authorize the
appropriate City officials to enter into an agreement with BRW
for the update of the Shakopee Comprehensive Plan.
ACTION REODESTED•
Move to direct the appropriate City officials to enter into
a contract with BRW, Inc. for the purpose of updating the
Shakopee Comprehensive Plan at a cost not to exceed $76,260. 00.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made effective as of the day of June, 1988, by
and between City of Shakopee ("Client") , and Bennett, Ringrose, Wolsfeld,
Jarvis, Gardner, Inc. ("Consultant"), a Wyoming corporation.
RECITALS
WHEREAS, Client desires to retain Consultant to provide certain pro-
fessional planning, engineering and design services and assistance in conjunc-
tion with the formulation of the City of Shakopee Comprehensive Plan Update (the
"Project").
WHEREAS, Consultant agrees to provide such services upon the terms and
conditions contained herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. Services. Consultant agrees to perform in a good and professional
manner the tasks described on Exhibit A attached hereto and incorporated herein
by this reference and such additional tasks as may be described on an Addendum
executed by the parties hereto in substantially the form of Exhibit S attached
hereto and incorporated herein by this reference. (The tasks, whether described
on Exhibit A hereto or in an Addendum, are individually referred to hereinafter
as a "Task" and are collectively described as the "Services.") Consultant shall
perform the Services as an independent contractor and shall not be deemed, by
virtue of this Agreement and the performance thereof, to have entered into any
partnership, joint venture or other relationship with the Client.
2. Addenda. From time to time hereafter, the parties hereto may agree
to the performance by Consultant of additional Services with respect to the
Project. Any such agreement shall be set forth in writing in an Addendum in
substantially the form of Exhibit B and shall be executed by the respective par-
ties prior to Consultant's performance of any services thereunder, except as may
be provided to the contrary in Section 3 hereof. Upon proper completion and
execution of any such Addendum, such Addendum shall be incorporated into this
Agreement and shall have the same force and effect as if the terms of such
Addendum were a part of this Agreement as originally executed. The performance
of Services pursuant to an Addendum shall be subject to the terms and conditions
of this Agreement except where the Addendum provides to the contrary, in which
case the terms and conditions of any such Addendum shall control . In all other
respects, any Addendum shall supplement and be construed in accordance with the
terms and conditions of this Agreement.
1
3. Performance of Additional Services Prior toExecution of Addendum.
The parties hereby agree that situations may arise in which services other than
those described on Exhibit A are desired by Client and the time period for the
completion of such Services makes the execution of an Addendum impractical prior
to the commencement of Consultant's performance of the requested Services.
Consultant hereby agrees that it shall perform such Services upon the oral
request of Client, pending execution of an Addendum, at the hourly rates spe-
cified on Exhibit C attached hereto and incorporated herein by this reference.
The invoice procedure for any such additional Services shall be as described in
Section 8 of this Agreement.
4. Staffing by Consultant. The Services shall be performed on behalf
of Consultant by William Weber, Gary Ehret, Erik Ruehr, Arijs Pakalns, Robert
Coursen, and Roger Conhaim. Weber shall not be removed from the Project without
the prior written consent of the Client, which shall not be unreasonably with-
held.
5. Consultant's Representations. Consultant hereby represents and
warrants that it or its employees and agents have all necessary licenses to per-
form the Services, have inspected the Project area are, and are qualified to
perform the Services.
6. Client's Responsibilities. Client shall do the following in a
timely manner so as not to delay the services of Consultant:
a. Designate in writing a person to act as the Client's represen-
tative with respect to the Services. The Client's designee
shall have complete authority to transmit instructions, receive
information, interpret and define the Client's policies and
decisions with respect to the Services.
b. Furnish Consultant with all information, criteria and standards
for the Services.
c. Arrange for access to the Project area as required for
Consultant to perform the Services.
d. Examine all studies, reports, sketches, and other documents
prepared by Consultant and render decisions regarding such
documents in a timely manner to prevent delay of the Services.
7. Fees. For Services performed, Consultant will be compensated on
the basis of the hourly rates of personnel performing the Services set forth on
Exhibit C attached hereto and made apart hereof plus Direct Expenses, in an
aggregate amount not to exceed $76,260.00 for professional services and Direct
Expenses unless approved in writing by the Client.
Direct Expenses shall include the actual cost of travel reproduction
and mailing, printing, photography, and other out-of-pocket expenses incurred
for the benefit of the Project.
2
Consultant shall prepare and send the Client an invoice once each month
for the Services performed during the previous month. If the Client fails to
make any payment within 45 days after receipt of Consultant's invoice therefor,
the amounts due Consultant under the invoices shall bear interest at the rate of
12% per annum or the maximum permissible by applicable law, whichever is less,
from the 45th day following the date of the invoice until paid. If the Client
fails to make the payment as provided herein, Consultant may commence an action
to recover such fees and shall be entitled to recover such reasonable attorneys'
fees as the court may allow, together with all neceersary:costs and disbursements
incurred in connection with such action.
The Consultant shall maintain books pertaining to compensation under
this Agreement and shall make such books available to the Client at its office
and for three years from the date of final payment hereunder.
B. Time for Performance. The Consultant will begin work no later than
June 15, 1988, and complete the project within twelve (12) months thereafter,
provided there is no change in the scope of Services.
9. Ownership and Use of Documents. Documents, diagrams, sketches, sur-
veys, design calculations, working drawings, computer disks, and any other
materials created or otherwise prepared by Consultant as part of its performance
of this Agreement shall be the property of the Client whether in completed or
draft form, and shall be delivered to the Client upon Consultant's completion of
the Services. Consultant shall be permitted to retain reproducible copies of
all such materials for information and reference in connection with Consultant's
business, but Consultant shall not publish or use any such documents in connec-
tion with any other project or activity. It is acknowledged and agreed that the
documents prepared by Consultant pursuant to this Agreement are instruments of
professional service intended for one-time use on the Project. The Client
agrees to hold harmless, indemnify and defend Consultant from and against any
and all claims, liabilities, losses, damages and costs, including but not
limited to costs of defense, arising out of the modification, misinterpretation,
or misuses of the documents in the completion of the Project by others, or
arising out of any reuse of the documents on any other project.
10. Termination and Suspension. Either party may terminate this
Agreement upon not less than ten (lo) days' written notice if the other party
fails substantially to perform in accordance with the terms of this Agreement -
through no fault of the party terminating the Agreement.
Failure of the Client to make payment as provided herein shall be con-
sidered substantial nonperformance and cause for termination. If the Client
fails to make payment when due, Consultant may, upon seven (7) days' written
notice to the Client, suspend performance of the Services. Consultant shall not
be liable to the Client for delay or damage caused the Client as a result of
such suspension of the Services.
3
If the Client suspends the Services for more than thirty (30) con-
secutive days, Consultant shall be compensated for Services performed prior to
the notice of such suspension, subject to the limitation on amounts payable in
1988 set forth in Paragraph 7 hereof. When the Services are resumed,
Consultant's compensation shall be equitably adjusted to provide for
Consultant's expenses resulting from the interruption and resumption of the
Services.
The Client may terminate this Agreement upon not.less than seven (7)
days' written notice to Consultant if the Project is permanently abandoned.
Consultant may terminate this Agreement by written notice if the Services are
suspended for more than ninety (90) consecutive days, or if it is abandoned by
the Client for more than ninety (90) consecutive days.
If this Agreement is terminated through no fault of Consultant,
Consultant shall be compensated for Services performed prior to termination,
together with Direct Expenses then due and together with Consultant's expenses
which are directly attributable to termination which are not otherwise paid.
11. Conflict of Interest. No member, officer or employee of the
governing body of the locality in which the Project is situated, and no other
public official of such locality or localities, who exercises any functions or
responsibilities with respect to the Project, during his/her tenure or for one
year thereafter, shall have any interest, direct or indirect in this Agreement
or the proceeds thereof.
"' EEmployment OOPortunity. In connection with this Agreement,
the Consultant shanot discriminate against any employee or applicant for
employment because of race, religion, color, sex, or national origin. The
Consultant shall take affirmative actions to ensure that applicants are employed
and that employees are treated during their employment, without regard to their
race, religion, color, sex, or national origin.
13. Arbitration. Any controversy or claim arising out of or relating
to this Agreement, or the breach hereof, shall be settled by arbitration con-
ducted in Shakopee, Minnesota, or such other location as may be mutually agreed
by the parties hereto, in accordance with the Commercial Arbitration Rules of
the American Arbitration Association, except that the arbitrator(s) shall have
no right to order rescission of this Agreement as a remedy, and judgment upon
any reward rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. Should a party seek rescission of this Agreement, it must
do so by bringing an action in any court having jurisdiction hereof in which
action any and all remedies, whether at law or at equity, may be requested.
14. Notices. All notices or communications permitted or required to be
given under this Agreement shall be in writing and shall be deemed to have been
duly given if delivered in person or deposited in the United States mail ,
Postage prepaid, for mailing by certified mail , return receipt requested, and
addressed, if to a party of this Agreement, to the address set forth next to
such party's signature at the end of this Agreement, or if to a person not a
4
party to this Agreement, to the address designated by a party to this Agreement
in the foregoing manner. Any party may change his or its address by giving
notice in writing, stating his or its new address, to any other party, all pur-
suant to the procedure set forth in this Section 14.
15. Assignment. Neither party to this Agreement shall assign any right
or obligation hereunder in whole or in part, without the prior written consent
of the other party hereto. No assignment or transfer of any interest under this
Agreement shall be deemed to release the assignor from any liability or obliga-
tion under this Agreement, or to cause any such liability. or obligation to be
reduced to a secondary liability or obligation.
16. Amendment, Modification or Waiver. No amendment, modification or
waiver of any condition, provision or term of this Agreement shall be valid or
of any effect unless made in writing, signed by the party or parties to be
bound, or such party's or parties' duly authorized representative(s) and spe-
cifying with particularity the nature and extent of such amendment, modification
or waiver. Any waiver by any party of any default of the other party shall not
affect or impair any right arising from any subsequent default. Nothing herein
shall limit the remedies or rights of the parties hereto under and pursuant to
this Agreement.
17. Severable Provisions. Each provision of this Agreement is intended
to be severable. If any provision hereof is illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of this Agreement.
18. Entire Agreement. This Agreement contains the entire understanding
Of the parties hereto in respect to the transactions contemplated hereby and
supercedes all prior agreements and understandings between the parties with
respect to such subject matter.
19. Cations, Headings and Titles. All captions, headings or titles in
the paragraphs or sections of this Agreement are inserted for convenience of
reference only and shall not constitute a part of this Agreement or act as a
limitation of the scope of the particular paragraph or sections to which they
apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be
interchangeable. Interpretation or construction of this Agreement shall not be
affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
20. Counterparts. This Agreement may be executed in multiple counter-
parts, each of which shall be one and the same Agreement and shall become effec-
tive when one or more counterparts have been signed by each of the parties and
delivered to the other party.
5
21. Parties in Interest. This Agreement shall be binding upon, and the
benefits and obligations provided for herein shall inure to and bind, the par-
ties hereto and their respective successors and assigns, provided that this
Section shall not be deemed to permit any transfer or assignment otherwise pro-
hibited by this Agreement. This Agreement is for the exclusive benefit of the
parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors, subcontractors and
their sureties.
22. Applicable Law. This Agreement and the rights of the parties
hereunder shall be governed by and interpreted in accordance with the laws of
the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
CLIENT 129 East First Avenue
CITY OF SHAKOPEE Shakopee, MN 55379
By
Its
Dated:
BENNETT,RINGROSE,WOLSFELD, 700 South Third Street
JARVIS,GARDNER, INC. Minneapolis, MN 55415
By
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CONSENT oaf
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE: A Public Hearing on the Transportation Development
Guide/Policy Plan Chapter of the Metropolitan
Development Guide
DATE: June 15, 1988
INTRODUCTION•
The Metropolitan Council will hold a public hearing on June
23, 1988 for the purpose of receiving comments on the proposed
revision of the Transportation Development Guide/Policy Plan
Chapter of the Metropolitan Development Guide. If the City
Council desires to comment on this revision of the Metropolitan
Development Guide and have it's comments be a part of the
official record it is essential that it be done at this time.
BACKGROUND:
This amendment of the Transportation Development Guide
Chapter of the Metropolitan Development Guide describes the
direction the Metropolitan Council believes the metropolitan
transportation system should take between now and the year 2010.
The policies and plans in this document support the Metropolitan
Council's Metropolitan Development and Investment Framework
(MDIF) document which sets overall priorities for regional
services and facilities in the Twin Cities metropolitan area.
The last comprehensive update of the Transportation Guide
was adopted by the Metropolitan Council in 1983 and subsequently
amended in 1984.
This most recent update has occurred for several reasons
including the following:
1) Significant transportation issues have emerged since 1984
and intensive growth in employment has occurred in the
regions suburbs.
2) A number of recently completed transportation studies have
produced additional information which has added fuel to the
regional transportation debate. The capital investments
potentially to be made in major highways are very costly and
should be carefully evaluated.
3) The Metropolitan Council's 1986 Metropolitan Development
Investment Framework provides an evaluation of potential
funding sources for the regional transportation system. The
City of Shakopee has significant interest in this because of
such projects as the Bloomington Ferry Bridge, the Shakopee
By-Pass, and the other transportation improvements in and
around the City of Shakopee.
4) This guide reflects a new emphasis which was required by the
1986 Metro Governance Act.
The draft policy plan differs significantly from the
existing plan which was adopted in 1983. The philosophy behind
the revised plan is based on four key principles. These are:
1) To maintain the integrity of the regions existing
transportation system;
2) To place first priority on system improvements that support
existing development;
3) To provide further transportation investments that will
permit forecast development to occur and will be necessary
to support future economic growth;
4) To protect the system to permit it to serve it's function
even in cases of unanticipated growth.
The policy plan, which emanated from the aforementioned
philosophy contains four goals which are intended to guide the
implementation of the transportation plan and to lead to the
accomplishment of other regional goals. The major goals of the
policy plan include the following:
1) The transportation system should be maintained and developed
in a manner that contributes to the regions quality of life,
furthers the coordination of the major regional
transportation systems and supports economic development
consistent with the Metropolitan Development Investment
Framework.
2) Existing transportation services and facilities should be
managed, protected, adopted, reconstructed and reconfigured
to satisfy travel demand, making the most effective use of
limited resources.
3) Transit in the region should be strengthened including
regular route, para transit, and ride sharing options.
4) Funding levels and sources, including local and private
funds should be adequate and stable to insure that
appropriate investments are made in transportation
facilities and services.
The Transportation Development Guide/Policy Plan
subsequently presents a series of 19 policies which address a
broad range of transit and highway issues which are designed to
implement the aforementioned goals.
The Transportation Development Guide/Policy Plana document
which is 130 pages in length, can be consulted should Council
members desire a more detailed information on this subject. This
memo will merely focus on those items which are of specific
relevance to the City of Shakopee and will not discuss the entire
document.
The two major points addressed in the Transportation Guide
which specifically relate to the City of Shakopee are the
addition of Hennepin County Road 18 from 494 to T.H. 101
(including the Bloomington Ferry Bridge) and the addition of the
Shakopee By-Pass (T.H. 101) to the Highway Construction Program
as a top priority capital improvement project. Attached to this
memo is a draft letter to Carl Ohrn of the Metropolitan Council
endorsing the addition of these two links in the transportation
system. This letter will be presented at the public hearing on
June 23rd.
Also attached please find a communication from Boland &
Associates which relates to comments of the Scott County
Transportation Coalition on the draft Transportation Development
Guide. The letter and document is included as information for
the City Council.
ALTERNATIVES•
1. Endorse the concepts discussed in the letter to Mr. Ohrn and
direct that the Mayor sign the letter and direct the
Community Development Director to submit the letter to the
Metropolitan Council at the public hearing on June 23rd.
2 . Modify the letter and submit it to the Metropolitan Council.
3 . Send no communication to the Metropolitan Council on this
report.
RECOMMENDATION•
Alternative number one is recommended.
ACTION REODESTED:
Move to authorize the Mayor to sign the attached letter on
the proposed revisions to the Transportation Development
Guide/Policy Plan and transmit it to the Metropolitan Council for
the public hearing of June 23, 1988.
,rf
CITY OF SHAKOPEE e
INCORPORATED 1870
129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379-1376 (612)4453650 1
June 16, 1988
Mr. Carl Ohrn
Metropolitan Council
300 Metro Square Building
7th and Roberts Streets
St. Paul, MN 55101
RE: The Proposed Revisions to the Transportation Development
Guide/Policy Plan
Dear Mr. Ohrn:
The following comments are submitted by the Shakopee City
Council after review of the above mentioned document. We would
like these comments to become apart of the official record of the
public hearing for the revisions to the Transportation
Development Guide/Policy Plan.
The Shakopee City Council endorses the addition of "Hennepin
County Road 18 from T.H. 13 in Scott County to the intersection
with I-494 in Hennepin County" as an addition to the Metropolitan
Highway System but believes that it is incorrectly stated and
that it should read "Hennepin County Road 18 from T.H. 101 in
Scott County to intersection with I-494 in Hennepin County" as it
is we believe correctly listed on page 77 of the report.
The Shakopee City Council also endorses the addition of T.H.
101 (Shakopee By-Pass) to the highway construction program as a
top priority capital improvement project (category 3B) .
Thank you for providing the Shakopee City Council with the
opportunity to comment on the proposed revisions to the
Transportation Development Guide/Policy Plan.
Very truly yours,
Dolores Lebens
DL:tw Mayor
The Heart Of Progress Valley
AN EQUAL OPPORTUNITY EMPLOYER
Boland & Associates
2443 E. Larpenteur Ave., Suite 1 10
Maplewood, MN 55109
(612) 777-3388
DRAFT
Comments of the Scott County Transportation Coalition on the Draft
Transportation Development Guide of the Metropolitan Council.
The Scott County Transportation Coalition supports the general
philosophy and concepts of the Draft Transportation Guide. We
commend the staff and the Council for its willingness to work with the
concerned interests in the metropolitan area to reach a consensus on
what we all agree&)one of the major issues facing the metropolitan
area in the future. �iy
We support the four basic philosophic principles as stated on page
seven ('n of the document. We point out once again, however, that
growth in the southwest quadrant of the metropolitan area continues
to take place more rapidly than the Council or loc vernments have
been able to forecast. This poses a mutual probl fo a Council and
local governments. Decisions based on "forecasted evelopment" must
take into consideration the fact that in the southwest part of the
metropolitan area growth has dramatically exceeded forecasts int he
past few years.
We also call your attention to the problem of the building,
maintenance, and funding of the minor arterial system. More
attention must be given to the funding of these roads by agencies other
than local governmental units. The costs of such highways would be
prohibitive for most local governments. Thus they would not be built
or maintained, and the burden would fall back on the metropolitan
highway system. We believe these minor arterials are fundamental to
the whole system and that more attention should be paid to their
funding needs.
We also support the TAB.'s position that the Metropolitan Council
should support a recommendation to MN/DOT that all roads on the
Metropolitan System be placed on the Federal Aid Primary System or
the Interstate System for the purposes of receiving federal assistance.
And, that those metropolitan highways currently on the Federal Aid
Urban System should be placed on the Federal Aid Primary System.
----------more
Scott County Transportation Coalition
Memo Re: Draft Transportation
Development Guide of
Metropolitan Council
-Page Two-
We also support the concept of ranking specific projects by category
and not by specific number within that category.
The Scott County Transportation Coalition urges very serious
consideration to the Transportation Gateways concept as developed by
the Coalition in October, 1987. A copy of that statement is enclosed.
In brief summary, what that policy involves is special consideration for
those inadequately built highways that move commodities and people
in large numbers from rural Minnesota to the business, and
population center of the Twin Cities. Scott County is clearly an
example of such a gateway from South Central and Southwest
Minnesota. There can be no more vivid example of the problem that
the traffic mixture and congestion on TH 169 in Shakopee at almost
any time during the working day.
The Scott County Transportation Coalition actively lobbied and worked
for the passage of the highway funding bill in the last session of the
legislature. We welcome the Guides' comments on necessary highway
funding and we will continue to work with the Council and all
interested parties to ensure adequate funds at federal and state levels.
We thank you for your cooperation and that of your staff in this effort
and for the opportunity to appear this evening.
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE: Extension of Employment for Jon Glennie
DATE: June 14, 1988
INTRODUCTION•
The pay roll authorization for the Planning Intern, Jon
Glennie will expire on June 29, 1988. " It is requested that this
position be extended for another six month period or to December
31, 1988.
BACKGROUND:
The City originally employed Mr. Glennie during the summer
of 1987. Since that time Mr. Glennie's work has been of quite
acceptable quality and he is an asset to the department. He
continues to broaden his knowledge of various departmental
operations and is readily able to handle new tasks as assigned.
Therefore it is recommended that the internship period be
renewed for another six month period at a salary of $6.50 per
hour. For the last year Mr. Glennie's salary has been $6. 00 per
hour.
The matter has been discussed with Marilyn Remer in
personnel. She expressed some concern about extending an
internship beyond a one year period. The City personnel policy
defines a temporary employee as someone who is appointed on a
temporary basis for a continuous period not to exceed one year.
The 1988 budget allocated $10,000 for the Planning Intern
Position. As of June 5th $5,800 has been expended. At this time
Mr. Glennie has been working on the energy conservation program
periodically. This source of funding is outside the $10, 000
allocation. A budget amendment could be made which would provide
sufficient funding for the Planning Intern Position.
ALTERNATIVES:
1. Extend Mr. Glennie's pay roll authorization to December 31,
1988.
2 . Do not extend the internship of Mr. Glennie.
RECOMMENDATION:
It is recommended that the pay roll authorization for the
Planning Intern be extended until December 31, 1988.
ACTION REODESTED-
Move to extend the employee pay roll authorization for Mr.
Jonathan G. Glennie from July 1, 1988 to December 31, 1988 at a
salary rate of $6.50 per hour.
/A_j
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director and
Gregg Voxland, Finance Director
RE: Hiring of Bond Counsel
DATE: June 14, 1988
INTRODUCTION•
The City staff previously sent but RFP's to law firms to
perform bond counsel services for both the City and the HRA. The
four proposals which were received have been evaluated and it is
requested at this time, that the City Council endorse the hiring
of a firm to perform bond-related legal services for the City.
BACKGROUND:
This process was initiated early in 1988 as a result of the
City's current bond counsel, Mr. James O'Meara leaving the firm
of O'Connor and Hannan and moving to the firm of Briggs and
Morgan. On February 11, 1988 the City decided to send out RFP's
and to review qualifications of area legal firms. The City
Council also directed the City Administrator to form a committee
composed of Bob Pulscher, of the City's Financial Consultant,
Springsted Inc. , Assistant City Attorney Rod Krass, Finance
Director Gregg Voxland and Community Development Director Dennis
Kraft. In assisting in the endeavor the committee reviewed the
credentials of various law firms and discussed the pros and cons
of each firm which submitted a proposal. Part of the review
process also included telephone conversations with both
representatives of the various law firms as well as contact with
clients.
After evaluation the decision was made to recommend hiring
Mr. James O'Meara and the firm of Brigg's and Morgan. This
%a mAe' wz, a z •ui.. Ui Ym . O)hk h--ra`s ektL nslve
background in various Shakopee projects including the Upper
Valley Drainage Project, setting up the Master Tax Increment
District, the Mini By-Pass Project, and other related activities.
In that these projects are not completed at this time both the
Finance Director and the Community Development Director are of
the opinion that it is most efficient to continue working with
the individual who set up the system and understands the project
background. Both of the forementioned persons are pleased with
the quality of work preformed by Mr. O'Meara and his timely
response to questions.
Mr. O'Meara practices in the public finance section of
Briggs and Morgan. Another division of this firm, the government
advocacy section, conducts lobbying efforts for a coalition of
cities, including several cities in greater Minnesota and the
City of Minneapolis. The position of this coalition on some
taxation-related matters is divergent with that of the City of
Shakopee. The committee wants the City Council to be aware of
this activity prior to the time of hiring legal counsel for bond
work. While the committee is of the opinion that this will not
pose a problem, the City Council needs to weigh this from a
Political perspective. (The City of New Brighton previously
utilized the services of Mr. O'Meara when he was at O'Connor and
Hannan. They also had some concern as to whether there would be
a problem with the activities of the government advocacy section
of Briggs and Morgan in the area of lobbying. After analysis and
evaluation, the New Brighton committee decided to recommend the
hiring of Mr. O'Meara because of hisknowledgeof bond programs
and redevelopment activities as well as history of the New
Brighton program. )
Nothing relating to the retention of Mr. O'Meara at this
time and the hiring of Briggs and Morgan will prevent either the
City or the BRA from hiring another law firm in the future if
problems arise or if the quality of service provided is not
satisfactory.
Another item which was evaluated as a result of information
submitted in the proposals related the cost of providing legal
services for bond issues. For purposes of comparison a
reasonably simple "plain vanilla" bond issue in the amount of
$1,500,000 was used. The rates which would be charged by the
various firms was as follows:
FIRMS
Briggs & Dorsey & Holmes & LeFevere &
Morgan Whitney Graven
Leffler
AMOUNT FOR A $1,500,000 BOND ISSUE
$2,250+ out $2,500+ out $1,500+ out
of pocket $1,500
P of pocket of pocket which also
expenses-most expenses costs represents
likely less typically $100- the minimum
than $100-$200 $150 per issue charges for
a bond
issue
COST FOR OTHER LEGAL ADVICE
$90 - $225 $150 per hour $75 - $140
per hour per $90 per hour
hour-attorneys
identified by
the staff as
experienced at
the level we
would desire
would be $120-
$130 per hour
These cost figures should not be the primary determinent in
selecting bond counsel. The costs are relatively comparable for
bond issues and the hourly cost do vary somewhat. None of the
cost figures would either result in a firm being selected over
all of the others or being rejected because of the cost
structure.
ALTERNATIVES•
1. Retain the services of Mr. James O'Meara by selecting Briggs
and Morgan as bond counsel for the City of Shakopee.
2. Direct the staff to enter into an agreement for services
with another qualified legal firm to function as bond
counsel for the City of Shakopee.
RECOMMENDATION•
It is recommended that the appropriate City officials be
directed to enter into an agreement with Briggs and Morgan with
specific reference to City wanting Mr. James O'Meara to be the
attorney representing Briggs and Morgan when doing legal services
for the City.
ACTION REQUESTED-
Move to authorize the appropriate City officials to enter
into an agreement with Briggs and Morgan to provide bond counsel
services for the City of Shakopee.
CONSENT /z
MEMO TO: John K. Anderson, City Administrator
FROM: Ray Ruuska, Assistant City Engineer
RE: Vierling Drive Street Improvements Project No. 1987-12
DATE: June 16, 1988
INTRODUCTION & BACKGROUND:
Attached is the Partial Estimate Voucher No. 4 for the above
referenced project.
ACTION REQUESTED:
Council authorization to pay Partial Estimate Voucher No. 4
in the amount of $115,820.61 to S.M. Hentges & Sons, Inc. P.O.
Box 212, Shakopee, MN 55379 for Project 1987-12 Vierling Drive.
RGR/tiv
ESTIMATE VOUCHER
Contract No. 1987-12 Partial Estimate Voucher No. 4
Period Ending: May 31 , 1988
TO: Contractor S N Hengtps A Sons Inc
Address P.O. Boz 212 Shakopee MN 55379
Project Description 13th Avenue (Vierlina Drive) Street Improvements
1. Original Contract Amount $ 527,758.56
2. Change Order No. 1 Thru No. - b 131.000.00
3. Total Funds Encumbered $ 658.758.56
4. Value of Work Completed $ 376,160.92 Value of work
$emaini g
5. 5 Percent Retainage $ 18,808.05
$ 283,000.00
6. Previous Payments $ 237,52.26
Percent Complete
7. Deductions or Charges $ 4,000.00
57
8. Total $ 260,340.31
Payment Due (Line 4 - 8) $ 115.820.61
CERTIFICATE OF PAYMENT
(I, We) hereby agree that the quantity and value of work shown herein is a fair
estimate of the work completed to date.
CONTRACTOR L _r1C REVIEWED BY SHAKOPEE PUBLIC
UTILITIES CCmmi4SION
BY
TIT / �CLGu Q-�✓J�(�
LE( l),
Manager
APPROVED - CITY OF SHAKOP
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MEMO TO: John K. Anderson, City Administrator
FROM: David Hutton, City Engineer 3
SUBJECT: Vierling Drive - Street Lights
DATE: June 15, 1988
INTRODUCTION:
This memo addresses proposed street lights on Vierling Drive,
between County Road 16 and County Road 17.
BACKGROUND:
The portion of Vierling Drive from County Road 16 westerly thru
Hauer' s 4th Addition is currently under construction and the
street is nearing completion. In addition, the portion of
Vierling Drive from Hauer' s 4th Addition to County Road 17 is
scheduled for a July 1 , 1988 bid letting and will be under
construction shortly. There are also several new subdivisions
being platted west of County Road 17 which also wll be extending
Vierling Drive further west.
Vierling Drive is designed and planned to be a four lane
collector street with limited local access, no on-street parking
and no private driveway access. Since it will be a collector
street, standard City specifications require sidewalk along the
north side of the street.
The current SPUC policy regarding the location of street lights
is to install a street light at each intersection. This applies
to all streets, including local, collector and arterial streets.
In the case of Vierling Drive, providing street lights only at
the intersections may not provide a level of lighting adequate to
light the sidewalks or to serve a collector street , where
intersections are spaced farther apart than in normal residential
neighborhoods. In Hauer' s 4th Addition , for example , the
distance between County Road 16 and Jasper Road is approximately
1300 ft. and the distance between Jasper Road and Emerald Lane is
approximately 1200 ft.
Staff feels that additional street lights are warranted due to
the lengthy spacing between intersections, proposed sidewalks ,
the collector street status of Vierling Drive and to ensure that
the levels of lighting will be adequate to ensure the safety of
pedestrians and the traveling public.
The Shakopee Public Utilities Commission Manager has indicated
that any street lights installed above and beyond their
specifications of one per intersection would be at the City' s
expense. It would be difficult to pass these costs on to private
Street Lights
June 15 , 1988
Page 2
developers due to current and past developer' s agreements setting
a precedent by requiring them to pay for one street light per
intersection only.
The SPUC manager has indicated that the cost per street light
would range from approximately $500 .00 to $1 , 100 .00 installed ,
depending on whether wood poles or steel poles are utilized.
These estimates include the poles, fixtures , and wiring. The
underground wiring between poles is not included because these
costs are necessary for installing street lights at the
intersections anyway and adding more lights between intersections .
may not necessarily add any underground wiring costs. Although,
the original street lighting design for Vierling Drive may not
have required long runs of wiring- between intersections due to
the cross streets. If additional wiring is needed to increase
the lighting on Vierling Drive , the estimated cost is
approximately $2 .50 per linear foot. For a 1200 ft. run, the
total cost for underground trenching would be around $3,000 .00.
In reviewing the distances between intersections on Vierling
Drive in Hauer' s 4th Addition and using a maximum street light
spacing of 300 ft. , approximately 6 additional street lights
would be needed. The total estimated cost of adding these lights
is as follows:
Lights, poles and wiring = $ 3,000.00 (wood poles) to
$ 6,600.00 (steel poles)
Underground trenching = $ 6,000.00
(assumes SPUC adding
trenching for the
entire length)
Staff would request that SPUC do the final design of the street
lights to provide an accepted level of lighting based on current
industry standards and to recommend a pole selection consistent
with other collector streets in the City and existing stock
inventories. Once the final design has been completed, a cost
estimate for the additional street lights should be prepared.
To further complicate the matter a portion of Vierling Drive in
Hauer's 4th Addition falls under the jurisdiction of REA.- Staff
feels that REA should be contacted to resolve any jurisdictional
problems associated with installing any street lights on Vierling
Drive.
There is also the potential for the street lights to be included
in the state aid costs since Vierling Drive is a state aid
street.
Street Lights
June 15 , 1988
Page 3
ALTERNATIVES:
1 . Authorize staff to pursue the installation of additional
street lights by working with SPVC, REA, and Mn/DOT. The
City would pay for all costs associated with installing
additional street lights while the developer would pay for
the street lights at all intersections.
2. Do nothing . This would result in street lights being
installed at intersections only.
RECOMMENDATIONS:
Staff recommends Alternative No. 1 , to pursue additional street
lights on Vierling Drive. The final design , spacing , pole
selection and cost estimate would be prepared by SPUC. REA would
be contacted to resolve any jurisdictional problems. Mn/DOT
would be contacted regarding proposed funding under the state aid
system.
Staff is also recommending that an overall plan for street
lighting on the entire length of Vierling Drive be adopted, such
as a street light every 300 ft. or whatever , but that the
additional street lights would not be installed until development
occurs abutting the street. The final location of street lights
could then be adjusted based on intersections and final lot lines
of new developments.
ACTION REQUESTED:
1 . Authorize staff to contact SPUC to design additional street
lighting on Vierling Drive based on accepted industry
standards for minimum levels of lighting for pedestrian and
vehicular safety. SPUC will present Council with the
proposed design, pole selection, and cost estimates for the
additional lights and the City agrees to pay for any
additional lights.
2. Authorize staff to arrange a meeting between SPUC and REA to
resolve any jurisdictional concerns regarding street lights
thru Hauer's 4th Addition.
DH/pmp
LIGHTING
CONSENT
MEMO TO: John K. Anderson, City Adm///i���n,,,...is��'trator
FROM: Judith S. cox, City Clerk
RE: Application for Temporary 3.2 Beer License by the
Shakopee Jaycees
DATE: June 17, 1988
INTRODUCTION:
The Shakopee Jaycees have applied for a temporary 3 .2 beer
license to sell beer on the Gene Brown property during Derby
Days, June 25th and 26th.
BACKGROUND:
On June 7th, Council tabled the application of the Shakopee
Jaycees to sell 3 .2 beer on the Gene Brown property during Derby
Days because it was not in conformance with the city code. The
city code required that the public liability certificate of
insurance contain a specific cancellation clause which the
insurance _cpmnnv..[4�s...c^ku4 wrrte: - �aGnc1Y adopted an
ordinance to amend the city code so that the cancellation clause
provided by the insurance company would be acceptable. The
ordinance has been published and is in effect. The Jaycees
application, including the insurance policies, are now in order.
ALTERMATIVES•
1) Aprove the application
2] Deny the application
RECOMMENDATION:
Alternative No. 1, approve the application.
RECOMMENDED ACTION•
11 Remove the application of the Shakopee Jaycees for a
Temporary 3.2 Beer License from the table.
2] Approve the application and grant a Temporary 3.2 Beer
License to the Shakopee Jaycees for Lots 3 and 4 and the Easterly
1 foot of Lot 2, Block 24 (formerly Pelhem Hotel site) for June
25th and 26th, 1988.
JayceesB.eer
CONSENT
MEMO TO: John K. Anderson, City Administrator n
FROM: Judith S. Cox, City Clerk /
RE: Renewal of 1988-89 License to Only Allow Consumption
and Display of Intoxicating Liquor (Set-ups)
DATE: June 17, 1988
INTRODUCTION
The following applicants have applied for a 1988-89 Set-up
License. The applications are in order at this time. Please
approve.
ACTION REQUESTED
Approve the applications and grant a 1988-89 License to Only
Allow Consumption and Display of Intoxicating Liquor to:
Approve Jim & Lucy's Inc.
201 West 1st Avenue
Approve Damile, Inc.
2400 East 4th Avenue
Approve Fraternal Order of Eagles
220 West 2nd Avenue
JSC/jms
CONSENT
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Renewal of On Sale Wine License
DATE: June 17, 1988
INTRODUCTION
The following applicants have applied for a 1988-89 On Sale Wine
License. The applications are in order. Please approve.
ACTION REQUESTED
Approve the applications and grant an 1988-89 On Sale Wine
License to:
Cedar Fair Limited Partnership, One Valleyfair Drive
Damile, Inc. , 2400 East Fourth Avenue
JSC/jms
CONSENT �a
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk/
RE: 1988-89 Intoxicating Liquor Licenses
DATE: June 17, 1988
Introduction
The following applicants have applied for 1988-89 Liquor
License(s) . Staff has checked for delinquent property taxes and
utility bills. The building inspector has advised me that all
premises are in conformance with the City Code.
The following applications are in order for Council
consideration, except as noted.
Recommended Action -
Approve the application(s) and grant an Off Sale, On Sale,
Sunday, and/or Club Intoxicating Liquor License(s) to:
Action Applicant On Sale Sunday Off Sale Club
Approve XX Corp. & Wittles Inc. X X X
1561 E. lst Avenue
Approve Clair's Bar, Inc. X X X
124 South Holmes
Approve C.R.E. Restaurant Co. X X
1583 E. 1st Avenue
Table R. Hanover, Inc. X X
911 East 1st Avenue
Approve The Friendly. Folks X X X
Club, Inc.
122 E. 1st Avenue
Approve Scottland Hotels Inc. X X
1244 Canterbury Road
Approve Minnesota Concessions, X X X
Inc.
1100 Canterbury Road
On Sale Sunday Off Sale Club
Approve Family Dining X
6268 Hwy 101
Approve Riverside Liquors, Inc. X
507 E. lst Avenue
Approve Valley Liquor, Inc. X
1104 Minn. Valley Mall
Approve Spirits of Shakopee, Inc. X
471 Marschall Road
Approve The American Legion X X
Club Post No. 2
1266 East 1st Avenue
Approve Veterans of Foreign Wars X X
Post No. 4046
132 East 1st Avenue
Approve Knights of Columbus Home X
Assn. , Inc.
.1760 East 4th Avenue
JSC/jms
CON6tiff �� o
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk \((_'��_
RE: Renewal of Non-Intoxicating pp Malt Liquor Licenses
DATE: June 17, 1988
INTRODUCTION
The following applicants have applied for a 1988-89 On and/or Off
Sale Non-Intoxicating Malt Liquor License. Staff has checked for
delinquent property taxes and utility bills. The Building
Inspector has advised me that all premises are in conformance
with the City Code.
All of the applications are in order for Council consideration.
ACTION REQUESTED
Approve the applications(s) and grant an On Sale and/or Off Sale
Non-Intoxicating Malt Liquor License to:
Approve/
Table Applicant On Sale Off Sale
Approve Jim & Lucy's Inc. X X
210 West lst Avenue
Approve Judy A. Berg X
222 East 1st Avenue
Approve Art Berens & Sons, Inc. X
123 West 2nd Avenue
Approve Superamerica Stations Inc. X
1155 East 1st Avenue
Approve Cedar Fair Limited Partnership X
One valleyfair Drive
Approve J.B.F. Inc. X
823 East 1st Avenue
Approve Holiday Stationstores X
444 East lst Avenue
Approve Pizza Huts of the Northwest X
257 Marschall Road
Approve Brooks Superette, Inc. X
615 Marschall Road
On Sale Off Sale
Approve Speedway Concessions, Inc. X
One Checkered Flag Blvd.
Approve Damile, Inc. X
2400 East 4th Avenue
Approve Tom Thumb Food Markets X
590 So. Marschall Road
Approve Fraternal Order of Eagles X
220 West 2nd Avenue
Approve Brooks Superette, Inc. #42 X
1147 Canterbury Road
Approve Paul E. Schwaesball X
230 Lewis Street
JSC/jms
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MEMO TO: Mayor and City Council
FROM: Eileen Klimek, Accounting Clerk
RE: Purchase from Clay's Printing - MSA 471.87
DATE: June 16, 1988
In the past we have purchased 3-Part memos from. Clay's
Printing. It is time to reorder and I have found that this
form is not available elsewhere. Results of my attempt
at quotes for 1,500 forms:
Link Print $332.88 No stock form available.
Lloyd's Comm 195.00 Cannot provide same form.
Aternative Graphics - Not available - no forms.
Clay's Printing 165-80 Same form.
The form we have been using has a very clear, desirable format
and is preferred by the City Administrator.
Recommended Action
Accept the low bid and authorize the purchase of 1,500 3-part
memos from Clay's Printing for $165.80.
CONSENT
TO: Mayor, Councilmembers
FROM: Tom Brownell, Chief of Police
RE: Scott County Auction Liability :Agreement
DATE: June 15, 1988
INTRODUCTION
Scott County is requesting the City of Shakopee enter into a
"Hold Harmless" agreement regarding property to be sold at
auction.
BACKGROUND
For the past three years the City of Shakopee and Scott County
have conducted a joint auction to dispose of surplus and recovered
properties. The auction is administered by the county and
conducted in the county garage. The agreement holds the county
harmless from various losses which could result while the city' s
property is on county premises. The city attorney has reviewed
the agreement and has no objections.
RECOMMENDATION
Authorize the appropriate city official to enter into a, "Hold
Harmless" agreement with Scott County for surplus and recovered
property to be sold at auction while in the possession of Scott
County.
COUNCIL ACTION REQUESTED
Authorize the appropriate city official to enter into a, "Hold
Harmless" agreement with Scott County for surplus and recovered
property to be sold at auction while in the possession of Scott
County.
SCOTT COUNTY
CENTRAL SERVICES
COURTHOUSE B6
SHAKOPEE, MN.55379-1398 (612)445-7750, Ext.157
May 7, 1988
CITY OF SHAKOPEE
Att: Mr. Tom Brownell
Chief of Police
476 Gorman St.
Shakopee, MN 55379
Re: AUCTION 188
Dear Mr. Brownell:
Scott County is beginning plans for a Summer Auction to be held
on August 6, 1988.
We wish to extend an invitation for your participation in this
auction.
DATE: AUGUST 6, 1988
TIME: 10:00 A.M.
PLACE: SCOTT COUNTY COURTHOUSE
Garage Area
428 South Holmes Street
Shakopee, MN
The Scott County Attorney has requested Central Services to
distribute the following "hold harmless" clause to all
participants in the upcoming Auction. The purpose of this
clause between Scott County and outside public agencies will
address any risk management issues which could arise from having
other agency' s property on the County premises during the
auction.
Please sign and return to my attention at your earliest possible
convenience, and no later than June 15, 1988.
Thank You.
Slavik
C ntral Services Officer
TRS13S
cc: File:88AUCTON
An Equal Opportunity Employer
a-
DATE:
TO: JIM SLAVIE
SCOTT COUNTY
CENTRAL SERVICES B6
SHAKOPEE, MN 55379-1398
FROM:
CITY OF SHAKOPEE
Att: Mr. Tom Brownell
Chief of Police
476 Gorman St.
Shakopee, MN 55379
RE: AUCTION ' 88
The CITY OF SHAKOPEE agrees that the risk of loss from all
hazards, including, but not limited to fire, theft, natural
disaster and negligence, for all property belonging to the CITY
OF SHAKOPEE and consigned to the County of Scott for sale at
auction, to be conducted by the County of Scott, said auction to
be held at the Scott County Courthouse, at 10:00 A.M. on August
6, 1988, which property is detailed in the attached inventory
list, incorporated herein by reference, shall remain with the
CITY OF SHAKOPEE until such time that said property has been
sold to a third party or returned to the CITY OF SHAKOPEE,
whichever occurs first.
Sincerely,
(authorized signature)
(print or typed name)
(telephone number)
CONSENT ins
MEMO TO: Mayor and City Council
FROM: John R. Anderson, City Administrator
RE: Suburban Rate Authority Dues 1989
DATE: June 17, 1988
Introduction
Attached is a recent mailing from the Suburban Rate Authority
(SRA) outlining their proposed 1989 budget and 1989 assessments.
The purpose of placing this before City Council is to obtain
Council action regarding the City's participation in the Suburban
Rate Authority for 1989.
Background
The SRA was organized in 1963 for the purpose of providing group
strength in assisting suburbs in negotiating with the Minneapolis
Gas Company. The City of Shakopee has been a member of the
Suburban Rate Authority for over six years and has participated
in many of the SRA achievements during that period of time.
Since that initial group action the SRA has intervened in
Metropolitan Waste Control Commission (sewer) rate making,
established uniform franchise ordinances for gas and electric
franchises, and intervened in utility rate cases dealing with
Northern States Power, Northwestern Bell and Minnegasco. The SRA
has also participated in key State legislation and rule making
before the Minnesota Public Utility Commission on behalf of its
member cities.
The SRA has prepared a lengthy review of its achievements that is
available should Councilmembers wish to review it. The SRA
estimates that since 1975 it has saved each member $177,460 per
vote (Shakopee has two votes) , and that dues assessments through
1988 have totaled $1,513.50 per vote or about 0.85% of the total
estimated savings per vote.
Alternatives
1. Approve the City of Shakopee's participation in the SRA for
1988 for an assessment of $350.00 per vote equaling $700.00.
2. Drop participation in the SRA for 1989.
Recommendation
I recommend alternative No. 1. The $700.00 has proven to be an
excellent investment for Shakopee as a thrid ring suburb.
Several of the rate making cases that the SRA has intervened in
during the six years Shakopee has been a member have affected
first, second and third ring suburbs differently. By
participating Shakopee has provided a strong voice for third ring
suburbs. Therefore, even though the SRA would continue without
Shakopee's participation, there is a benefit to us by having two
votes when the SRA is establishing its policy positions.
Action Requested
Authorize the appropriate City officials to pay the City of
Shakopee's Suburban Rate Authority . assessments for 1989 at
$700.00.
JRA/jms
SUBURBAN
RATE
AUTHORITY ''"=`''�
JUN 61988
MEMBERS CITY OF:SH'4KOp EE
BLCPWANCTON June 10, 1988
MCOKLYN PARK f
6VRNSWVE
CNAMPLIN
CIRCLE
COWLAMPIP"EIGMS URRARE: 1989 SRA Budget
M.PVEN
ECEN PRAIRIE
ENNA
NUPLE. Enclosed are the following:
GREENwoOD
NA'NS5
HOPKINS 1 . Proposed SRA Budget for 1989 .
LAVMRDPLE
MAPLE PLAIN
AUPLEWooD 2. Listing of 1989 Assessments according to
MINNEIONK" proposed budget.
WNNETRISTA Pr0 P 9
NEW BRI (>N
No,oON1X,oST.PAUL 4 . Minutes of the April 20, 1988 SRA Board
Osseo Meeting.
PLYN N F,rL-F-)
IOSSE0
WC,INELU
ROBBINSDAIE 5 . Memorandum entitled "Review of T Achieve-
RAments' dated April 20, 1988 . f ON F�LC.��
ST.LW IS PARK
5RINAAEMEE
MIn accordance with the Joint and Cooperative
SE
SPRING PARK Agreement, each SRA member is provided with the
vADNURNATS budget. The bud NEIGNTB
WAdraft bud et calls for an assessment
9
WEST ST.PAUL of $350 per member of population vote. Each
V/GODUND member has one vote for each 5,000 or fraction --
thereof, according to the last census. We use the
League of Cities Directory figure.
The enclosed list shows your proposed assessment.
This figure should be the same as the assessment
for each of the last two years. Under our Agree-
ment, the SRA Board will act on the budget at the
July meeting and formal notification of the budget
and related assessment will be provided shortly
thereafter.
Over the years, the SRA has performed yeoman
service in reviewing gas, electric, phone and
sewage operations and costs from the standpoint of
residents and owners in the member communities. I
think it is obvious from Counsel Glenn Purdue' s
itemized report that this work has been and can
continue to be done most effectively by joint
action. I encourage you to review the enclosures
with your City Council .
2000 FIRST BANK PLACE WEST • MINNEAPOLIS,MNNESOTA 55402 • (612)333-0543
Page 2
June 10, 1988
We solicit suggestions and requests concerning
services SRA can provide. These can be submitted
through your director, to me directly, or to our
counsel .
Ver ruly you/)
/ rs,
j William D. Schoell
Chairman
0060LT16.BJS
l Lf
PROPOSED 1989 SUBURBAN RATE AUTHORITY BUDGET
1933
Assets :
Cash (3/31/88) $ 82,698
Receivables (assessments) 29,475
Interest Income 2, 500
Less Adjustment (uncollected assessment) ( 11000)
TOTAL $113,673
Anticipated 1988 Expenses :
1987-88 NSP Electric Case $ 12,000
SRA Uniform Electric Franchise 500
Gas Rate Case 10,000
MPUC Rules Task Force 1 , 000
General (Fees and Disbursements) 13,000
Northwestern Bell Telephone Case 15, 000
MWCC, Miscellaneous 2, 500
Postage, Reproduction, Printing, & other Disb. 2,000
TOTAL $ 56, 000
Anticipated Year-End Position $ 57 ,673
1989
Assets:
Carryover $ 57 ,673
Membership Assessment (at $ 350 /vote) 52,500
TOTAL $ 110 , 173
Expenses:
General Matters - Fees $ 13 , 000
General Matters - Disbursements 2 , 000
MWCC, Combined Sewer Overflow, Other 5 , 000
Gas Utility Rate Case 5 , 000
Northwestern Bell EAS 5 , 000
Contingency Fund 10, 000
TOTAL $ 40 , 000
RESERVE $ 70, 173
i
SUBURBAN RATE AUTHORITY
1989 Membership Assessment
MEMBER CITY POPULATION VOTE 1989 ASSESSMENT
Bloomington 81, 831 17 $ 5,950 . 00
Brooklyn Park 43 ,332 r 9 3,150 . 00
Burnsville 35, 674 8 2, 800 . 00
Champlin 9,006 2 700 .00
Circle Pines 3,321 1 350. 00
Columbia Heights 20,029 5 1 ,750 .00
Deephaven 3, 716 1 350 .00
Eden Prairie 16,263 4 1,400. 00
Edina 46,073 10 3,500 . 00
Fridley 30,228 7 2 ,450 .00
Greenwood 653 1
350 .00
Hastings 12,827 3 1,050 . 00
Hopkins 15,336 4 1, 400 .00
Lauderdale 1 ,985 1 350 . 00
Maple Plain 1,421 1 350. 00
Maplewood 26,990 6 2,100 .00
Minnetonka 38, 683 8 2,800 . 00
Minnetrista 3,236 1 350 .00
New Brighton 23 ,269 5 1,750 . 00
North St. Paul 11,921 3 1,050. 00
Osseo 2 ,974 1 350 . 00
Plymouth 31,615 7 2,450 . 00
Richfield 37,851 8 2,800 . 00
Robbinsdale 14 , 422 3 1 ,050 .00
MEMBER CITY POPULATION VOTEl 1989 ASSESSMENT
Roseville 35,820 8 2,800 .00
St. Louis Park 42,931 9 3,150.00
Savage 8,400 2 700 .00
Shakopee 9,941 2 700 .00
Shoreview 17, 300 4 1 ,400 . 00
Shorewood 4,646 1 350 . 00
Spring Park 1 ,465 1 350. 00
Wayzata 3,621 1 350.00
West St . Paul 18,527 4 1 ,400. 00
Woodland 526 1 350. 00
655,833 149 $52,150. 00
1 One vote
per 5 ,000 population or fraction thereof; Article VI ,
Section 1.
2 At $350 . 00
per vote.
0060ROOl .B1B
MEMO TO: Mayor and Council
FROM: John K. Anderson, City Administrator
RE: City Logo Design Contest
DATE: June 14, 1988
INTRODUCTION:
At its January 18, 1988 meeting, the City Council approved a
City Logo Contest, and directed Staff to contact the Hennepin
County Vo-Tech Commercial Art Program. Contest specifications
were prepared (copy attached) , with a deadline of May 31, 1988
for receipt of logo designs.
BACKGROUND:
Copies of the logo design procedures were sent to Mr. Bill
Manske, Lead Instructor in Commercial Art at Hennepin Technical
Center, Robert Henkey at the School of Associated Arts in St.
Paul, and to the local newspaper. Neither art school made the
program part of their educational curriculum for the spring
quarter so interested students would have to respond individually
to the posted notice.
We only received two (2) proposed designs from local
residents. One from Jim Oldsberg, Jr. and one from Lois A. Bross
(attached) .
Since the City initiated the design contest their has been a
discussion about (Indian) logos. The State School Board
Association has recommended that Schools using Indian logos
replace them. The Shakopee School District has decided to
maintain its logo and eliminate uses that may be deemed
inappropriate such as Indian mascots for sporting events. The
City design contest has also generated some letters to the Editor
from residents who have voiced their preference for keeping the
current logo.
DESIGN CONTEST SELECTION PROCEDURES:
According to the design contest procedures the City is
offering a $75.00 cash award for the top design suitable for use.
Thus the design contest selection process is a two step process.
1) The City is to determine if the designs submitted are
suitable for use, meaning that they are tastefully
done, not offensive and appropriate for a City business
logo.
2) Select the best design and award the $75.00 cash award.
The City is not obligated to use any of the designs
submitted, therefore, if Council is unenthusiastic about the
designs submitted it can either maintain the present logo or seek
other methods of obtaining some meaningful logo design
alternatives.
ALTERNATIVES•
1) Review the two designs submitted and select Council 's
lst choice and award the $75.00 cash award. I believe
both designs submitted fit the suitable for use
definition and one should be selected.
2) Take the selected logo and ask that it be modified
and/or drafted by a professional for a second look.
3) Keep the present logo. The present logo has not been
criticized as "in appropriate" and we do not have a
mascot.
4) Seek other methods to obtain additional sample logos to
"---`_ -_. --review with. Abe_cnnti*+au?d i�tgn�_.u£_uitt3a;ina..rh�ritx�-_ ._—..
logo.
RECOMMENDATION•
I recommend that we select a 1st place logo and award the
$75. 00 (Alternative il) , and that if neither logo excites City
Council we drop any further logo investigation (Alternative °,3)
unless the Council is willing to spend money to hire a
professional to update the logo.
ACTION REOUESTED•
Award the $75.00 1st place City logo design to
and move that the City drop consideration of up-
dating its logo.
SKA/tiv
Y
Present Indian Head Logo
r i
l
LOGO DESIGN CONTEST FOR THE CITY OF SHAKOPEE
TASK:
Design a business logo for the City of Shakopee, Minnesota.
SPECIFICATIONS:
The contest is open to anyone submitting a design by the
deadline. There are no residency, professional or other limiting
requirements.
The logo will be used for stationery, business cards, programs ,
brochures, park signs, vehicles, etc.
The copy will read: City of Shakopee
The deadline for designs: Tuesday, May 31, 1988 - 3: 30 p.m. , 129
East 1st Avenue, Shakopee, MN 55379
Your final design should be rendered as comprehensively as you
can manage, in black and white, black and one other color, and
black and two other colors of your choice.
Final designs should not exceed 411 in width, rendered on layout
paper, and mounted for presentation.
SELECTION PROCEDURE:
The City of Shakopee is offering a $75.00 cash award for the top
design suitable for use. I£ no designs are accepted for City
use, the award will still be given for the top design suitable
for use. There is no 2nd or 3rd place prize.
QUESTIONS:
Call John K. Anderson, City Administrator , 445-3650, 8: 00 a.m. -
4: 30 p.m.
LOGOS SUBMITTTTED IN LOGO DESIGN CONTEST
i
Zr� N
O
AS r
17YO _.
�SKAKOP E
CONSENT /3c
MEMO TO: John K. Anderson, City Administrator
FROM: David Hutton, City Engineer ""
li
SUBJECT: Vierling Drive, Project No. 1988-1
DATE: June 16 , 1988
INTRODUCTION:
Attached is Resolution No. 2913 , A Resolution Restricting Parking
on Vierling Drive , for City Council consideration and approval.
BACKGROUND:
Vierling Drive from County Road 16 to County Road 17 is a
Municipal State Aid Street (MSAS 112) . It has been designed as a
50 foot wide collector street, which consists of four traveling
lanes (two in each direction ) and no parking . Since there is
inadequate width to accommodate parking , Mn/DOT requires that a
resolution restricting parking be passed prior to granting final
approval of the project.
A portion of Vierling Drive is already being constructed thru the
Hauer' s 4th Addition under a City contract as Project No.
1987-12 . A resolution was previously passed restricting parking
on this portion of Vierling Drive (Resolution No. 2783) but did
not include the remainder of Vierling westerly to County Road 17
(Project No. 1988-1 ) .
Plans and specifications for Project No . 1988-1 have been
approved by City Council and staff has been ordered to advertise
for bids on the project. The bid opening is scheduled for July
1 , 1988 . Mn/DOT is finalizing their review of the plans and have
brought it to staff' s attention that the previous resolution did
not include the remainder of Vierling Drive to County Road 17 .
Attached is Resolution No. 2913 restricting parking on Vierling
Drive from County Road 17 to County Road 16 . Council should also
be informed that any further extensions of Vierling Drive to the
west of County Road 17 will require similar resolutions.
ALTERNATIVES:
1 . Pass Resolution No. 2913 .
2 . Deny Resolution No. 2913 .
RECOMMENDATION:
Staff recommends Alternative No. 1 .
Vierling Drive
June 16, 1988
Page 2
ACTION REQUESTED:
Offer Resolution No. 2913, A Resolution Restricting Parking on
Vierling Drive from C.S.A.H. 16 to C.S.A.H. 17 in the City of
Shakopee, and move its adoption.
DH/pmp
PARKING
RESOLUTION NO. 2913
A Resolution Restricting Parking
On Vierling Drive (MSAS 112)
From C.S.A.H. 16 to C.S.A.H. 17
in the City of Shakopee, Minnesota
WHEREAS, the City of Shakopee hasilplanned the improvement of
MSAS 112 Vierling Drive from C.S.A.H. 6 to C.S.A.H. 17, and
WHEREAS, the City of Shakopee will be expending Municipal
State Aid Funds on the improvement of this Street, and
WHEREAS, this improvement does not provide adequate width
for parking on both sides of the street, approval of the proposed
construction as a Municipal State Aid Street project must
therefore be conditioned upon certain parking restrictions, and
WHEREAS, the extent of these restrictions that would be a
necessary prerequisite to the approval of this construction as a
Municipal State Aid Project in the City of Shakopee has been
determined.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAROPEE, MINNESOTA:
That the City of Shakopee shall ban the parking of motor
vehicles on both sides of MSAS 112 (Vierling Drive) at all times.
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this _ day , 1988.
Mayor of the City of Shakopee
ATTEST:
ty Clerk
Approved as to form this
day of 1988 -
City Attorney
13b
MEMO TO: John K. Anderson, City Administrator
FROM: David Hutton, City Engineers-�
RE: 10th Avenue, Project No. 1987-3
DATE: June 17, 1988
Attached is Resolution No. 2916 approving plans and
specifications and ordering the advertisement for bids for 10th
Avenue, Project No. 1987-3.
BACKGROUND
This project consists of placing a 1 1/2 inch asphalt overlay on
10th Avenue, from State Trunk Highway 300 to County Highway 17,
and also includes miscellaneous curb and gutter, sidewalk,
driveway and storm sewer work. This street is a municipal state
aid street (166-105-10) and is also an FAU project (Federal Aid
Urban). Funding for this project is approxiiately 49% federal
participation and 51% state participation.
MnDOT recently completed their review and approval of the plans.
Since this project is being funded by both state and federal
agencies, certain procedures need to be strictly followed. Staff
has received a letter from MnDOT authorizing the City to
advertise for bids on this project and setting the bid opening
date for July 18, 1988. (Copy of letter attached) MnDOT
representatives will be present to open bids on that date and
plans and specifications must be obtained by interested
contractors directly from MnDOT.
One set of plans and specifications will be available in the
Engineering Department for Council review.
1. Pass Resolution No. 2916, approving the plans and ordering
the advertisement for bids.
2. Deny Resolution No. 2916.
Staff recommends alternative number 1.
Offer Resolution No. 2916, A Resolution Approving Plans and
Specifications and Ordering Advertisement for Bids for 10th
Avenue from State Trunk Highway 300 to County Highway 17 Project
No. 1987-3, and move its adoption.
DH: cah
RESOLUTION NO. 2916
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
FOR 10TH AVENUE (MSAS 166-105-10) FROM
STATE TRUNK HIGHWAY 300 TO COUNTY HIGHWAY 17
PROJECT NO. 1987-3
WHEREAS, Dave Hutton, City Engineer, has prepared plans and
specifications for the improvement of 10th Avenue (MSAS 166-105-
10) from State Trunk Highway 300 to County Highway 17, Project
No. 1987-3, 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 offic}al paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvements under
such approved plans and specifications. The Advertisement for
Bids shall be published for three weeks (ten days if project cost
is under $100,000.), shall specify the work to be done, shall
state that bids will be received by the City Clerk until 10:00
a.m., on July 18, 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 July 19, 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 (52) percent of the amount of the Bid.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, held this
1988. day of
ATTEST:
City Clerk
Approved as to form this
day of 1988.
Mayor of the City of Shakopee
"o Minnesota Department of Transportation Jl
n a
Transportation Building, St. Paul, MN 55155
til OF TR
June 15, 1988 _. 612-296-9872
Dave Hutton
Shakopee City Engineer
129 East 1st Avenue
Shakopee, Minnesota 55379
In reply refer to:
S.P. 166-105-10, CRP 0088(058)
CITY OF HERMANTOWN
Dear Mr. Hutton:
Enclosed are two copies of an Advertisement for Bids which has been prepared for
the above noted project. You are hereby authorized by the Commissioner of
Transportation, subject to the requirements herein noted, to deliver one copy
of said advertisement to the 'Shakopee Valley News" of Shakopee, Minnesota 55379,
and provide for the publication of same on each Wednesday for three (3) successive
weeks beginning with June 22, 1988. The Commissioner will concurrently publish
this advertisement in the "Construction Bulletin."
Attached is a copy of the estimate on this project for your files. Z�
When the Advertisement for Bids has been run in the 'Shakopee Valley News",
will you arrange with the paper for an affidavit that the advertisement was run
as directed. Please submit the affidavit to this office.
Sincerely,
i
Gordon M. Fay .�� }%OI—
Director, Office of State Aid
Enclosures:
2 - Advertisements
1 - Estimate
3 - Forms No. 21120
cc:
William Crawford-C.E.Weichselbaum, Dist. 5
Wally Lagred - Annex
Gordon VonKrough - B-4
File - 420
GMF: jmm
An Equn( Opponuni y Emp(oyn
/YC3
Did you know? Peter Tritz
How should the city conduct hearings on zoning,
subdivision, and other land use matters?
In the recent case of Swanson v.
tunity for all relevant information to
variance might be one such orcum-
City_of Bborrtington arch 25 1986,
come out.
scam revocation procee rags,
the�jj.,necnr� S mrPmP l',.,,n=ve
Cities should also be cautious aiout
using wearing examiner might help
cit Ps gii4p 2 Fie
imposing any time limits on testimony,
avoid the problem of the council acting
to Prmdarr sulafidc;on
and especially on testimony from a
as both "prosecutor" and "judge." In
h_e_arm
� For a more complete summary
permit applicant or witnesses he/she
any case, using a hearing examiner
o tT7`i rase, see the Court decisions
wants to present The city should lint
would seem to be one good way to
column this month.
testimony, only S it is clear that the
help make sure that the hearing pro-
Regardless of how good a city's
testimony would be irrelevant or repet-
cess is fair and open.
hearing process is, the city's decision
itive.
The Supreme Court decided the
is still open challenge, and may come
The Court several times has com-
Swanson case unanimously. However,
under the district court review. If the
pared city hearing procedures with the
two justices joined in a special concur-
citv hac f IlnwPd r_ _mss the
procedures spelled out in the state
ring opinion in which they suggested
S reme Court has now " en, the
administrative procedures act (APA).
that procedures more lire the formal
d"s}nrt ,x re l be a mu
It is not absolutely necessary for a city
rules of evidence that the courts use
m,icker easier. and cheaper or PCs
to follow the APA procedures in pre-
might be appropriate. Clearly the
for the city. If the city's hearing pro-
cise detail. Nor does the city have to
Court's real concern, though, is the
cess meets the Court's criteria, the
use a hearing examiner; in the Swanson
basic issue of fairness and openness,
district court should normally look only
case, the Bloomington cound did not
rather than precise adherence to a
at the existing written record of the
use a hearing examiner but instead
specified set of procedures and rules.
city's hearing and derision; the district
conducted the hearing itself. But, it is
However, formal hearing rules lice the
court well not conduct a full trial with
clear that the Court considers the APA
APA procedures or the courts' rules of
both sides presenting witnesses, offer-
procedures to be a good example of a
evidence are set up specifically for the
mg testimony, and so on.
fair hearing process, and it would be a
purpose of assuring a fair hearing. B a
There are really three elements the
good idea for cities tom eo�T�¢ own
city has followed those rules (or some -
city needs to be aware of in conducting
procedures after those of the admmis-
thing very similar), it will go a long way
its hearing: First, the hearing must be
trative procedures act.
toward convincing the courts that the
fair. Second, there most be a clear and
llsmg�earmg examiner might be
hearing process was m fact fair and
complete record of the entire process.
appropriate m some circumstances.
open.
Third, it must be clear that the city's
Proceedi„¢s for revoking a rerrnr[ or
decision was based on reasonable con-
clusions which came from the evidence
people presented at the hearing. We'll
try to flesh out these three elements a
bit more.
Fairness
Much of what a court will look for in
determining whether a hearing was fair
is just a matter of common sense. All
parties should have an opportunity
present their views fully and to provide
any information, materials, or exhibits
they deem appropriate. They should
have an opportunity to question other
witnesses, to respond to their testi-
mony and to answer questions from
others. To the extent possible, cities
should bend over backward to give the
parties every opportunity to prepare
and present whatever they want, and
to make sure that there is every oppor-
May 1988
PANNELL KERR FORSTER
WORLDWIDE
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The record
It is absolutely crucial that the court
have available a verbatim transcript of
the entue earmg. vtou y, ess a
clear and com7peTe record is available,
the court will not be able to make a
review based solely on the record. This
at
should take every precaubon to make
sure that the recording quality is good,
and that the microphones will pick up
everyone who testifies—even if the
person offering testimony has a very
soft voice.
Another good possibility is to video-
tape earm mrm r o m s
are already set up for cable broadcast
of their council meetings and proceed-
ings. Even if the hearing itself is not to
be broadcast over the cable system,
the citycouldeasily use the cameras
and equipment already in place to tape
Of
a
It is also possible, especially when a
decision is likely to be controversial,
that apnkrants or other citizens will
cotact embers of thh I or
I nine t'ARLm_cs;on nnrsidP of
p
mal hearing to present additional argu-
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also part of the formal record. If he/
she receives letters or petitions on the
issue, those documents themselves can
be part of the formal record. If there is
a court challenge of the decision, this
will help assure that the record before
the court contains all of the information
the city received.
Of course, in deciding whether or
not to use a hearing examiner (or
whether or not to tape record the
proceedings) the city will want to weigh
the expense and effort involved against
the factors like how controversial is the
decision likely to be, how extensive
and complicated are the facts involved,
how likely is a court challenge of the
city's decision, how much of a problem
would it be if the courts reversed the
city's decision, and so on.
The decision
The third crucial element that the
Court emphasized is the decision that
the city makes. It is not enough just in
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decision was a reasonable one and that
it was
us—ed on the infrrrnafia^ wit.
nesses presented at the hearing.
This means that after hearing all of
the relevant testimony,he council
should make formol R^di„nt
based on that testimony. The c "s
dects�on—issuing a permit, granting a
variance, approving a subdivision,
rezoning property, or whatever—ten
becomes a matter ofIv' the
standards in the relevant ordinances
and statutes to the fact-.
in the Swanson use, for example,
the council made a formal finding that
the requested subdivision would likely
cause substantial em¢orunental dam-
age. The testimony from the city for -
could deny a permit. The record also
revea a su s ansa neighborhood
opposition. That opposition alone would -
not have been ad r
enymg the ermit. However, the
coon s wntten dings demonstrated
to the court that their decision was
based on the environmental concerns
for which there was adequate factual
basis in the record, and not on the
or
the o er ere d be no
Problem with a member stating that
he/she is concerned about certain
issues, so tong as it's clear that his/her
mind is still open. For example, saying
before the hearing ' m concetne t
the ev -pingo rat crea c
problems sToTt— eta '—bTem;
saying I m against development
"We saved around $10,000 a year when
we went in-house with Alpha -BARS instead
of using the service bureau."
"Our working backlog in the
various city departments has basically been
eliminated, along with the report
bottlenecks, since we began using the
complete Alpha -BARS systems."
because it will create trafficproblem"
— Et Ei.
In summary, the Court's real wn-
cern is that applicants for land use
permits of any sort receive a fair
hearing. If the city 1) gives the appl-
cant a fair hearing; 2) can prove by its
records that it was a fair hearing; and
3) can show that its decision was based
on reasonable conclusions drawn from
the, ar nxmatirm. yr_sa m&,L at, th at, lea au -
ing, the courts will be satisfied. How-
ever, if the record before the court
doesn't show that the applicant
received a fa¢ hearing from the city,
the court itself will give the applicant
the opportunity to be heard.
Not only will foilowmg these proce-
dtrzes. maks, 4L %vkke: 2aA dk2W i
defend the city's position if there is a
court challenge; it will also put the city
in a much stronger position to defend
its decision successfully. And regard-
less of how the courts view it, if the
city takes these steps to make sure
that everyone's views are heard and
that the city bas all of the relevant
information, the result can only be
better decision-making. ■
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may 1988 33