Loading...
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 STATUS -_,____�---------------__ ____________i____ ----------- ----- ----- --I3_ I____ I_____ ---1— +------ 1— ' 1 l 1 ---- ----- --- �- ---- ----- ----- ----- ----- ----- ----I- 1----i----i----I---- !-----'------- — — --;=s�s_I---- m mr _ i---- — — �-- ---- ----1 --------- ==aa ---- S A �----_I------ i----�---- ' ---�-----i�a=�----- ' la — g I a ^ a ---�R�-''------ ---!---- !-----,--- ---- ----- ----- ----- -- —1--z--------I a a ----I-------a— �m ----- ----------1--- - i--------- ----I-- ---- ------- u_ --- ———— S — — ---------- ------ -- — -- — a --- ---------- ----- ----- ----- ----- ( S - a ---� -- - -- - --- --�'----------- --- --'- I----- --- -- ---- -- ----- ----- ----- ----- - --- -- - -- - 1 -- ----- ----- ------ ----- ---- --------a---- -- ------ ---- ---- -- ---- -------- - ----- - -F --- I-- ------� ----- -----!- 1- — -------- ------------- --- ----a— —ws----v----q-- e � ®� �g---a------ ----I---- I---- !--a--I---- Iia -- -----�-- 11 ---- ---- ----- ---- ---- - - ---- ---- ---- ---- ---- ---------- - --- ----�---- !----i----1---- --------- i --- ----�---- ----1 1 ---- !---- !----� - --- ---- - --------------------- -------------------- i -m$ -- ---------J--g---- - -- ---��-- -- ----- ----- --- -a- - -i----� ------1-- - -- - ---- ----1 --�--a- - - ! 1----1--------- -- -�-- - -- _1 ----------- ---------------- !-------a--!-- - -- - -- -- a T { v - $ IE dig--a ff IF g - YU4UWYYY WUYYYVYUW YU UW Y Y V WUYVWUVUW 0O WYU T NNNNNNNONNeN VUUUUYWWW - -� - - - - - ---- 0DC NbNNN pNYVVYUWU9.12 Ac OZ PILIN-oNOJP t �oJroaVN-O * - ooOMPNaVroNaVN� a f �O f NN- n0 m O T9mD9mm�'rD< Dn3099Sr0 r 3030mWL3909nmm r-1 W WN y rTn C �rDWrZZZOD Z 000-IOOOOy � O�+JrmmmrCO��+m rA 99 D O�m ZO rDrND0003r 4 OCmDrr30D NONAmCr OC�OOZmOD m mm 02 �r m AZ�y��mDY m mm� mr23rrDOACR ZW 0 ZAZm A myrmnnWrm Z � r mJA Dm0 AO OF W Z O- n100nnmN�< m nKm mbJ 0 yA 92 ��Jm rA D DD Zrr m0 O AT32Am<WT O D S mOn m 2nm o-m� 22D-IP�+ T r rr O mWm T Tm mmDAmyD ASLyNDOA W OmC00 AOnOm-1 OrA O< OZ m-N OZn0�2A� m mOOfAyO<D ZZ09DL3D mlmzmz D DD Am m_OOYFmZCDA Z DSDD YZ INmrD �r99m DZOZ 00 DWy �A 2 COTTOmr T DOmDZm Dm ' CN-9�9m09AAr�0mZ2 m mm x > Jr F <3mmmm0 < Z Xw m AZA . m33�+nIWO� W 90 O DmDmmmom -1 2ZD A AOA -n m. N0 �C OT AZA AZ D N 3 3 3T 3yymz2 Wm 3 23 '-IA ZC Iy0 <OT r A00 r -1-m mm +A 2 m WS m Ym4A y 2 ZZ mm O O m nmm O D W A03 0 MWr 4Y WZ Z W mmN n 03 O W m m O y n W i C y W m o y m m ro a y A m mWmN.l _ m - uam row.o _ m .1 m Jarvw mromNym em m az NONNN- Nyo PNyb N. N a < OyomO oroo a oNONNJ W C~ m oJOoo0oN0 o OOo00o... O ... ......... 00 Y yp D' rs z z m i DA 9 m m I au'NO Ma N de� NrvoOPV oN 0N0 aNe oNo l oNdVO roO No d0-Ne b eN A a m as o0o ee m u oo N oo eo moe c � m z ' .......... p ooeeeeo o e oo a poo c � m A ob PJ Nyomw - W n0 oN o-e ooeoo ONe ooPy- ea C T moP000NONe P e oP o000 0o NN 000000 0 0o P D r'm N _ u y _ W NN ro -N 1 N -a _o W a�yr000wY P - �m No J <m 0 eOe�NaNb o ONONoeode V -N- 0NN0� NoJ- abo 0 000 D Neeo P Dods V- O --ab - Nm-e N moP A '.. N NoeeJ eN N oNeNOcoOe V aYNNONYmOOe ONoo N D I .Dose e0o e O oe N eoeoo PN00e0eo N mo 2 e o eNeNo iiillll 1 1 'i'i 77 i eiiileil Noioivee o 0o i ii` n m m ua-WN--NU N V----4 - N 0 bONONN NO P P V l oOoePPOJa Y YN l m 'J X y - V "a F V bF N N N N PFl N N ¢ W M NN M P P M w 0 MN P M r - W W I - 000 011111 F 1 O O0 M 11 1 6 V o o + 2 PNO oN0 00 M om N M1 emNPO oFOM q oW- 0 ¢ a+0+0eOPFmoo X000+ - o P - Oq N � Q P-PbNWNNF No W +P oN N > bP bWPPm M1 F W Po A F M 1 Q W CJ LL J PWOo oNo oM o� N P N OgNP Pbb o Fl b - M oW0 . Q NNW M N 0W M 0 M M W 6 O W r W J Z W > OP P F W omo 0 00 0 F K oNWw o0 - oM N p0 N b -N WOpP M P tl n q 0 0 N 0 MN W Y W Fl 6 f W O _ 6 6 W G ¢ 2> W Z J O a o oe e a N _q w w o ea o' m p > FV .P No emoM1 OWN o.N N SG N N 0 'Fl P W � N 0 q FlF N p U? Z W F W W W ¢ mq m r Ju m O Fr >W2 O Z Q W 2 Z> JK2Q qL O O W JZ WK IJZOJ O LLO ¢W OgLLq gOOUG W 6 O qC 6 hOg2q q N J Y WJq +W 1 WMN 6q+0 J IJ 0 O Q Q6 W6Yg6VgV WYI m q F O Z S C+ I.,- qJ Jq O W W W O q WK 003WQOJ +Z D+ LL 2 2 ZIZ qF q LL ZV OS3 .¢¢+OWJJFOOOG 6 4 ¢2 ¢ WW m 0¢ LL6q + Z6 g LL LL NLL J J WO W O VW Z¢O¢FVN 20 + W WO J J LL o .wzww w - o" ¢ ogs �m u r rc w " r a3�uw+uuzwwm+Lu> wwFu zu i F F00q¢¢20JKFQL +MLL Q J YJZq GJ e2 WZJ+F+O+ O+GW03+ W i O O Z6W+ C6 K U > gg6Lq¢UL6LL3gQq2K O 0 OV O�MpbF-NMPO� NMe OHO ZV +NNgNNNMMFlMP PN ^NNP JQ Nwwm WIfiWW0g0N00 00gq - LL MMMMMMMMMMMMFlFlMFl i M i MMMM t MM i b as aaa a a a a a a a aaaaaaaaaaa aaaaa 9 - NN wwYYYUUUYYYVUNNNNroN DC mOJPNwroN- - - aUYro-- NNN.d a d Y . mZ 0 t - t N t o • m - t m- N- 000e o•OPONNoroNo t ro- owN. ONe 00 m O y OO W 30300AC�9Jy99r9Wro03WN CL29999pOm C O O T_ D A m D _ C �CTCOTyZAATOAm9TOCOCC T ZOmTmmTD <D Zo y y T Z 3 9 pAOW9y!'C Z<my3D9rrr099 A 3SfUWWDD9D \ y W W D y Ay !� mm2 mm..A ym9DOrT 90ADr O 93yr�r yA O Z Z y 9 Z D D r2DPA yD-r20y WO O- Z rm2000 m0 O m T 2 A Z r Sr N DyONZ mOi21PZmO��DDOCTm r KNPmbm .Tb 02 Z Z O W ti m 9m ZL;CO WT m 2rOJw m3W 2 111 II Am 0 X AO P mWmmm N �+. .Z2.D m TOr399 Im9 �A S { < 9 OC OTmbp PL A1 .yDmy T ZO1.•nn CC 9a D O " 90 T A y3TOA0 yrr yr S D Z m9 p 00 AP CN PyPA < 9mrmD Trr - O Z O 3Z S - 0�• 9W •+ r O. O 3 O9 9 mm < D yN fW TN rD O .- -> 9yy ZC m 9 y ZZ TA Cr T 3ZZA �- ZO T C yy O O r2 T W< 9 DW W 9WWm 23 A b T m 00 22 D CC Tm N m W W ZO TO AA W Nr Zm P DD W O nN D Zz y mm W S A O A D O 2O C ro A X NN ro N- ru A aroa--- - - N-u roo NmP- e 9 m m -rommu. .e uin m vl m ,1 N m muaromPPumem me uea ouao az m m dw uupvrouuu r'oemmw Pum JPJJP z yy bpJNO NJ- .00NOroNNNd m opwo-WNOJ C O o O p 0, 0 e P oP W 000JdWJONbNNmOmoNP -NN N NOaaepPNUJ D '. I r 3 •+ O y z C D z m m c � A y y iN - > J N - W _N d.N_N_- NmJaWYm MP P-mdN N N N N J J _ roaroUOPNmPV JNNNm- b NNpdJN- AO W PNNP-olmaJNJJtlUeN P-Ja - N 000No0-tl 9' OWd N JN-wN ONONO m UP Om-Nom N N ONNNo N oNNeoN D y 0 o O O o e e eo 0 00000000000 o0o0e000 o e 0e00000 O ZK m m NN N N!nPoay f.dJ NN-0Yo roN. N.WWWV ro,.. ro - - N N- NN Aa-NaaNm U -mNPW J - mPN �m and A D a'. o N NJmPJN-NP oN Nm mN YPMd mNmPN >y W J.O O a a a NN mWmOmOW--ONed-mNro _ VOaNePNNOe C 9 0. m 0 m o 0 1 d oeemONWedVNdPOJo -mmom N Noawo 4-NY> >O N D 1 ro ro u y m m mtlPuuroJ N aJmroa m m _ N roes min mom.0 ouuro mNuooJm m u_roNuoamm m a vlm oaulu mmmamm.l ro-1 m�Do-m m�.lv m = PeoaJo-aeJa-NIJoroO wrod oN NNNJo00�mP A N a PJ moo4ro-NOmW mmOloam O MaroNOPm-VN r• N N N N PP. O0 -.NJ p WONJowJJbm 2 N ro N N o o O 00 P eeelemMePJO aou0 .mNo- N NePJOJmOJP T n ro ca ro m arouu-ro-roNro ro --1ro- ro w Puro uw-uu m N N J J N -Ym-NJmdro - N-o •ONo . N N J J N N P d d N JOdNJarod-dJro --oJP N NWa MNooW y - V N 6 w n W V W Q N 6 2 e a a m > m w mi r n w i a N OJ 6 N J M O Of W f6 N a rc m a w >z 0 r a 6 W O 6 A F 6 O W W Z K Q W 2> J Z 1- O LJ Q a J w �, Fr z za w w 6 N N x a w z J vz r 0 a ''.. J O 6 W 2 W JZ O LLO F O JF O Z66 Z J N WK 4 ZU LL WN O OW O �F oZ U p O 0 OV m 2V P J6 LL . = g 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 . . m ¢o oP °' 6m ,o� < m e 6m.<m >mmwO 5nm P9.m 3ncm0 Fm�,�,0 c'firy - P . `e . 3.B m "' 3 W. 0 5 S 3 3 c� Xr<_h�i�3l•*- 4.N_T dw n,�NPwOpm - .'� c m...0 �'�3 ° .�o'o �w mcP 3rnsK' �• nMoo 5 Pow > mPo F' • • m :.wC FUF _.. X33 d m 0aP ncw�'m a'}`t • P dam moo ° tz N.C1N Cw Jw EwoCPNS ° O O p t 6 q5 '°t6 `�< C.0 no. s m -JCP a I • x .s.,oq . gym oP�'G apiu5o O ^m 04 < � 3� ��s F.w = O'< o.0 '- G.-.meg r°a3'�.N. =<.n 0w �c•e0 � `V�..- E, ' Pc aEA fi,o 33S Cnn yX' �° EL3 �aog_ : HS ✓'1 . � lld � da� 3 � CSL. _. � - mFra ams sd �N.o<� x°o e'o36�a m0° 1'j• wP� c-N� o < ��— Lo 3 rr"._ 0n W m cxn m �<•em o m rr V - ,5� �.04 €�c _0,omcm En�wc ^ C 3 �r5 mE �m'^ `m°° __- .-►/�`1�'�VK ` PL -w dam m Nei ff3 rw-8 Nmm c E'eFc ._ F§' m =� - No -c -- `e = - '0a ITI , Eod P„ d QP�.mmn :.� 3c gEPaoc PF.< Eow � >gs � 0 � E daoo'< ,En�nN G0 � � � nm ?w gR� .Pcnsmw0 P = ^ w - w ° ,go 2.d Son SO ?in IF�K� _FF; wa o• ' Na�.e � EA na- FIV, F qqE m m � .. W 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 aogtagsTuTMPV AgTo 'uosaapuv •M ugof 'W-d OO:L ge 886T '6Z aunf 'AtpsaupaM o} nano CPY [ST [O au?ztbtH anbtaq agg moi; Lsaaggtm asn pueT aaggo put uoTsTATpgns u?uoz UO s uTataq gO puoO A4TD agg Pings MOH Iq SOSSVTb s,TabtH 'saH bu?paebaa uo?snTOuOO aaggTmmoo agg Ma?Aaa og MITTpTnOm'suagaq aoARN It :ssau?sng aag40 [VT 00£-HIS Og LT-HMSO moa; AeTaaAO anuanY 9401 a0; sPTg aO; pY bu?aepao Put sueTd buTAoaddY - 9T6Z 'ON •sag Iq LT-HMSO Put 91-HVSD uaaMgag aATaa buTTaa?A UO buTlaed buT}OTagsag - £T6Z 'ON 'sag It. :SOOuturp20 put suoTgnTosag [£T gsaguoo ubrsaa obo'T AgTO (g 6861 ao; s8n0 AgTaoggnV 94PH uegangnS Is* guamaaabV A4TTTgeT7 uOT}OnV A4uRO3 4400S [a* L8'TLV YSW - buTguTad s,ARID moa; Msegoand 9ZT2oggnV [bs Z6'T6T 'Z9V$ 90 gunomV UT STTTS 90 TtnoaddV [d sasuaOTZ aonbT'T gTQK buTgeOTxogui-uOH 3o Ttnauag [of sasuaoT'T aonbT'T buTgeOTxogvT 90 Ttnauag [u* sasuaoTZ allTM aTeS v0 3o Ttnauag [m* sasuaOTZ do-gas 90 Ttnauag [Tx saaoAef eadoxmgS - asuaOTrj zaag Z'£ ASeaodmeL ao; uoTgeoTTddv LI, sggbTZ gaaagS - aATaa buTTaaTA [ C V -ON agemTgsgTeTgatd - anuanY gg£T ZT-L86i IT* Tasunoo puog go bu?aTH [g uaaguI buTuutid ao3 guaMAOTdmg go UOTsuagxg [b ueTd AOTTOd/9PTn9 guamdoTanaa uoTgegaodsutay agg 90 uo?s?Aag pasodoad [;,* ueTd dmoo agepdn og gutgTnsuoo buTuutTd Y buTaTH Is* •Oui 'tooaggaag - sesuaOTq aonbT'i aO; uoTgeOTTddY [p •aTOgM t st TTOunoo agg 30 suoTgsanb Ist o} AgTungaoddo ue antq PTnoM MTB buruoTgsanb Mat ogM suazTgTO gegg os epuabt agg uo peoeid aq s2gg gtgg xM past goedmtuemTTounoo - a94u90 A}Tunmmoo aadoxtgS IO uuemaagoK sof Aq gsanbOH Toaguoo gsna Iq abtatg Y gonagsuoo og aOut?atA Y uox?a Aatgl buTAuaO VZ9-00 uOTgnTosag 30UVTZRA 3o uOTgeaapcsuoOag It ( 'H'd 00:6 punoae Itaaq agnurm OT t aleg TTTM TTOunoo) :33tgS moa; sgaodea [ZT -Z- abed 886T 'TZ aunf YaxaDv 3AilylHHS, 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 Par cc Op j 3 3 o Pad r� HENNEPIN COUNTY cc r d U. c Reserve d PROPOSED Bluff " CSAR NO. 18 to 31 31 If W 108th St OI Shakopee NEW BRIDGE . 18 27624 0 co Regi na s gra Park-^N .♦ :�:�:-:: � � I 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 encl M I N N q? p L I S'i 0 f f -r k f7_ _ r 3-�_ �� � � .tri► � +n._ •yy-.Tx .r�.-..� -�-�'�d.y � l.�.t a_ yy �n4e' ' 2.170 Community Center M0601 ooab oIculatad/oF a 1 story buying wMJ1 12 bot dory AeigM and 10,000 poen toot of flocs arae Y0, il'fiFY/WYfp[F[1 I drEGilU7W[i I YYR UNP tF6�i i. 1.1 IeY[Odlp[1 .1 Fmnq d fovmiN.a IF9uoe nnnne.smp rc mese imWps ra t'twaala�.an S.F.Lroue S.tO S.tD l IPI6a Canvu IxII. I _ I _ _ .9 Emvaian 6 fudnil: Sne amenia+�n s:a5 ane xern in lo✓aian nl:sa tmla S.F.franc >l >a 2J WW711UCN[[ _1 I SY6 m draee / ramartea oonvne.am woor mrnc as 9rsam'pss S.F.Sm 21. 2.55 .215oma15uan�itce it WfE1GiN URL Gnm.e.8 YRms INIA ♦ISmcval wnc j6waem tm I S F.Wal 1.35 .72 .5F1e+auE Fans IX/A .7INon IYem:Yme m oom.m nee:iem! S.F.Fm! t76- 2.76 .9 Sinn j x74 - 'U Q1Bi[4LWlE .i IWa1N Fez tru vim someie tYool marc W�JISP aI: tl.N 6.37.51 Enmio-Wal Fe IN/A _ _1335 33. WI 2W .t2 dNon 1 1.90 tM9C 1.06 1.06daem� � s' OJa S.'r.FiXmm 3.59 311 � So9e la:l la{p meas lb s.f.Fara/Door es 470 3.25 m r s Iwai F.�e I FaN:: LEE ' x .e l Fos F[we= 1507.aroe:.50L ram tie SF Fan I 2.86 2.Bf .71C MF. 1 Ysval l¢a tiie m svnzcYe az ton S.F.Le3q 3.79 3.t6 J rasa Susie/Emco Wal'. I Fah: 60S n rall S.F.wL: 1 1.01 7J 6IIREtIM .t lfxvatOR !Hll, IlSamalGmnlon XIA I _ _ u u�ucu - .1 IF. 1 Knew.toir m snvxn Imus.aaory sa snaape. i FeYNe/910 S.F,Fan Ez 2580 2.N .21Fn PO1ga. INu _ I _ _ - JNm�m, Ntaaeo n6l - - _ .1 ICoeay 1 Svpk sone monm uv;,Qas iaz 315YeoY Svslmn �'�F motr5 S.F_ian i 6.3E NI4 u E P^�•, j - I - - .t I Sova d Dmaslm 1200 smce>ee+¢,RrN Yoio aE 1Yam S.F.Fan .IE A 21 LOnrq a Fa.v I y1aro�l tmYe.l.vmoae:.erlme ase ms_mry S.F.Fm 2.13 2.13 1.t7 So®I Ecvaa' I.tam srstars iq mapccv INn1r0 S.F.Fbn .32 32 -.Il t•FrJAL WCilllt'Ftla .i(Suewlin (6Xn-r mai nou.6+ne rase.N.ex,bans-,vanma.: S.F.Fan I 1.5E 1.5c U tRF W[[ 11Eumrat IxLL - _ 31UiMc IXu I _ I _ .S Noead hrvR X/a � _ _ )!Sne mom.vmm IXI4 _ _ ' ,yam ' W4T01.1 50-N 23 4S2 YF1E3L' mYYFipC t0.a�e AeIIL 16t 7.63 dCwl9ii EFF} n sn z-3 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 / IZo xz C u2i v � o 73 i mn i o.d 0 : r r m'� r m D m d i � m m \ �•\ x o Z 0 L L \ - E a i i I i a r• I _ OO I 0 2 g=.O- mmo nA° a m g ..---•e. Fj—< e CYR u :-i il..l�. C C 'I ilk ,'�I'•I �I Bio �, _ �' o I ,� r, I ��:o - `� a 11 v j 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 Its Dated: 6 2 R-i i R. N •tneLlr • G-1 W Y N • q � U Y z 0 x N N v] r ti T ti OL = O � h y � Q1 O_ •U .moi C�. G •� � @ C y �. 7 'y �dS O U �••� .. y � '.�� CO C DD L U O � G O C G4 C7 CR C. 4 En La P.'� U H Z U v7 s�sel ;uawanIonuJ f.}iunwwo� E-+ 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 7 Date / ject E in r Date City Achinistrator Date r e e m n m o e e I e e m m o o I e e o e m n o v o m m I a o a m m e m m a o 0 o e n P oe 19999 me0 me e m m ' o n 999 V V a a arvaa nm 299 em amaa a m I V if I _ a 99 . < _am - I m ammm m 9 <cm99 w _ - — ammm ma I . . mm .a i Io W Ic; 1: c; c; Iep oeevooa . arum - _ . . . . . �. . . . . . . . . bald ao � oe ° avoo e o o oa d ee ° eeao 0 0 0 ao ° eoveeevaoa i oe 000ae e e o . w 1 W d . . w o0 000ae e o e W w . , . m . . . . = u m _ m m a000i ie �e oeeso , m �d . od � - - _ - - eeee , i o w � m �m o. aI - � ; C mi mm memmm m m m m m mi 0 0 p 0 w - m . _ m . _ m U � ff m m m m vmm ¢ v ¢ m Im u iv . . - r2 -v _ ; o w W � W � I 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 I 3 m • m m am em m aw w aw am m Em am z o i o D T D J m mmmmmmmmmmmm m m mmmmmw m mmmm m � mmmmmmmmmmmm m m w mwmmwm m mwwm m m 0 Nm u as as - m Y NN NN dwN UP NN -• WW - NN -W Nm--ONJNEN mm NON- aN- oNOON YW ' PJW�JNN-OWJb b', P - - NN - aNw YO-- o bb -� JJ-NNJaPb NN NN omb ON.00N y-DIDDDD-DDDDD DI 4 N .. ..4 O DD DD N DDD9 N Y14m CCCCCC 9VA IP PPP.PP.PP MP Z T 000000 00DD o .1-1J-IJyyY4-11Y F m '2 �I 0pp 0Y10 � 1211 lxilm m m 3 'o I mmmmmm a '. m z m m zz zzzz Tmm `m o '.OOp 00000000' A -1N KK-�K m DDD D- m j 333223233333 Z Z m 9 A999 p 9999 '222333:233333 O O D.DD DD aaa9 9 O a o z - : mwwwmm T pmp < n ' i s yi9viv y o00o m F Z ' KK KKKK 0 I O I 43 9 S w m'mm m�mm M '' N41m N. C m mmmmmmmmmm- r 9 m000C ACI ' CCC9 F J rrrrrrr rrrrm a ctipaca 9�T m mmmmmmmmmmmr. Ixxx..Sxx . . r 3 p 0000000000.0 `D m 22az3m m mmm m m ZZZZZZ AP N DuYYDm wmm m, N i m.mA mmmmmm au u wluuWueu ueu au m, u m aN rororo'm'm'm m T mro2aw o Iro roroNrorororo ^ro roo. u e m,ro rvrvmo N oe '� � f z Nm:V2 TY '. ro'=T 2 a i auuu---- - anaud uu-- eN-WN�JNYroO. p I s m i * ^ Y Y Y Y Y Y Y W 1 1 1 1 w a 6 w n i m z m o n i n • N m O i N M n a -nAnAPPMAFl AP P AFlAP 1111.1111111 I 111 I I 1 1111 -NP+n�-NNW FhF 2 -AAMMPPAMFl PPOV n P AMnN 11 1111 11 11 1 PI - 1 Y OaNa NNNN N N Z nnFl � NNNaNNNNNNN Naaa M as N M a aaNa O PPOO PP P P 'P PPPP U I - ---- -- a. o-o- 0000- ee o ooe o e eee a'I YYFF W WWWWWWWWSWW W.W WW WW W W I WWWW p U JJJJJJJJnJJ Qa66 JJJ JJJJ S LLLL4n LL nddd W nndd'ddndJdd ¢¢ ¢ O nd �`. . . . . . . O70J7 OJ �O JJJ J JJJ7 ' b%Wb% W m ww w m%%%%%%!m mob% u ¢ WWWFFFLFFFF VU ¢ ¢ O j ' FFh F1-FFFFF..F 0 0 Q 0 W LLLLLLLL:LL LLY.LL LLLL'A ¢¢ ¢¢ J Ip pJ 6 2 u 2 FFFh FI-FFI-hF 66dd! V JJJ U � bVmm'': V pJJUJJJ»J.J u O U !. JJJpI o mw%mm%%%%w:% a!i as bww%%%%m%bm z a � m. a zzzz' _ _ _ > .nM %m%wW%bN%mm JJJJJJJJJ7J J 66 66 00000m0000m 0,000 4 VVU U p 'i, WWWW NNNcmNmF000m mnP ! ANNO gPFmP mFPPAomFOooO Mnn _ 0P ��. hPNN ' MMPOMNmF000F MMMeM NN P-PN MM Mn O- IM-MPNNNP MPN I AM -�. -� Na nl� NMP-.a o L ! W m000W000000 mm00 0 '0 m0 0 m 0 000m. mmmmmmmmmmm '. m mmm m m mmmm w 6 ooe0000000e OOOo o po 0 0 00 O G I F Z V u PPP.PPPPP N NN m W Noo00o000o V WY • N a m ♦ Y ♦ F adpp f JJmJ a 0m < l S I 2 y 0 0 O T " PP o O o O e o 00 0 o D as a s a a asm aaaa an>a mm' m m m m mmm mmmm mmmm mm v mm m m m mmm mmmm wmmm m m m m 1 O O m mm'. b0 NNI NtlmP NwP JY. � � bN - - 0w Oo - OOo 00 f NN '.0m oo pp' OOON mUPIN oNmww YOW WO f aty f t Z tTTT9 TT fm � rr'. o c mmm aaaa mm r mm < 00- A m '' O xmm S, SS 44Yy 00 I �+ ~ O 0000 ' izz zzzz mm z m c www wmwm aaaa ' w z I xx u v y m -iy 000 00 x.xx x,. mmmm mm r m mm m A oaoo m n z,, m...mmm mmmm z DDDD m - mmmm oo a x i mAAa r 9 A ' mw I wm r m K .o. M. zz o a o mmx mww m'. mmmm mw - ooa rccc Or PW oc o y aa. w "a S ==.y 0999' o00e c9 c _m <C m 'O 0999'. mmmO 9 rr 0 r r A 99.A _rrr. 9M 9 r m m � DST '' Dmmm, DDDD 3m s Tp PF w w A w �lC�l y"wmml.. yzzz +a+w w L 1 yzr Y1Y Z i> o to i i-- 17 =' 7o ea i n W T ro au rol'nry Nroaroro NNNam amro to t _ ,u uu'm u___ uuuu u- u s Po 1 e Plnro eep' ouoP as ro '.y J - NJro oNNW _.Nm __ N O p l 1 1 1 1 1 1 1 P a mN _ _ - pLLV PPPp U Y �_ NNNN m-00 N I O p O � m I m D s m i i i m x s z x x w w w w w m w w u P W W w w W y Y Y Y V V U U V i U U W I W N ♦ t i i a i i o • + < N 6 W_ P O o t r PP' O nnn 7�F? _ _ 1� N p 01n bNN 1� M _ NNV zo -N OI ddd eeo0 0 0 N ooh o - �. _ oo ee.Nn o o. e o m me i .0 4 4LLLLLL > o" u V ; Y F JJJ pp00 6 J O £ 6i6 000 dd C d' W J I W JJJ JJ WWW 6666 f ! m I d' WNb J ¢ OQO. UVUV 2 O I 4 I I moo wWww of ww Z Y szz'. oomo ; x WmN 00-00 'p Q zz. W. O m.N Oi d I J u m'0 0_ W_N '"Y Q 4 J 666 >, 'Z 22 NONN Y J J I m , YY YYY YYYY it J V J I JJJ J !i abWl -Pn 0o - F o- Fl0 0FNWPo - -N MP IN N FlNe _ _ o n nMn Fd < iI I I W mm 0mm mm0 'm m 0 0 0 mW ", 0 O mm m mom \ 0 0\ i 10o � 00m ! m\ " N f 4 O Oo 000 o e o! O Y O I F 2 V P1-P T N N nM V N� aN� NNNN tl N N N nAM U jUWa WWyJyW yW J'WWWW Wy UUy W W T p Y fi JyJy PPP Y yy yJy yy a as Y pp0 Y O Y p A i Z `y O I O m T 000o e0o 0o e000 0 o y aaea naeaaa aaa":o aas as sac a P a la \ \ \ lmml ml \ \ \\\ \ \ \ \ \ \ 9 m 00m0 mm0 p 0000pm 00 0pm m � p0 pp0000 0pp000m p p � D1 O NONyN -y N yd VroO ye 0aW maNN mN P Yn ro.OP UNPp atl o O eP oNONo Wd41-mNN NSI N m peo0 PP mm o 31333. 333233 = ^ ^ ^ 2`= 23 332 ' O 9:Y99 00000ZZ aDD O 2 m 0 zzzzzzz < m.. m n vv o�9oo ' zzzzzzz « I.y mmmm acno 00 rr a � rr. nn999 aaanna rr ppm n a 2 rl n al `Fp non n.mi IIK zoo AA Aa 0. o A M1 2Z :Os 'D 0000 -i-yyy1Y 0000000 - p N..p 00m0 ml/I 332 2 O. m r ' rr o00 - oo j Z N I zn� a m a r-ly m'm mm'mm ycyyyccc yc mmm I'a mmmm OOOrOO y-�� O�OO l T rrrai r c.c.�n�.c. C n m I vv99 99 r, nr Y.r.r. r.r. 9 IS 9 0'.000 SSSD2 r+ m m_mzz aFs..aa mmmmmmm `mm waY m < mm Zz. bppppmW mp ZZZy22 I yY A I e o 00 0 oee0 I Oo O D � Baa d. a d as >.aaaa as >da a V O 1.W VyVW roNNNNN VWW.WWVW VY 11 - roroNN. N'.ro No00 yyyy yy0 y0 romro N p y ' 11 I ' lil 1111 OP 1111 1 1 '11 y 1 PYV- 1'a Waaa P aVW-- OW aAV 0 P -_U-V a-NNaaW 'N- roN-00 N'N aNW 1 roro-mm � m.- ♦.mu - � o a • m m 9 m 0 i s m m m Y V Y V Y V V u % a • a N n i m s m v o i a F o z w r n n n ---- -nFlMMPe -ae "e - d Illlil 1 111111 1 i 1 IP O a a 'a -NnNFO- NFlN-NP.MN 'N a - b n Z 1 a 1 .111 ' I - -- 111 - I 10 O P P N ^FldNN Fl� db Na N.Nd M y M P a MMn MnMFl M.nn M P M 'N p. Y P'ff PPPP"PPPPOPPP e e v < , U' 1 1 1 11 1 1' 1 N.n 0 N NI I 1 - ---- ---e-ee �N emooee o U 2__ _ W W_W WW W W_ N 6 Z ___ Z_ _ _ K W O J 2 O_00_O_O_ O_O_9_O_O_O_O_ O_O_ O_ W V O 2 6 Z N WWWWWWWWWWWW JW.WW '4 LLQ, V W LL D JJJJJ JJ JJ JJJJJ O O N q K V O FW WWWWWW WWW WW WW h W FhFFM1F-h FhhFhF'h C N I i I V I Z: V W I^ r % I O Z J 2 JJJJJJJ'JJJJJJJJ Z Z J W J W ? J.JJJJ JJ.JJ J J J J,JJ ^ O r > U V V WWW W W W W W W W W WW.WW 2 u N 10C 01000000:000000'00 C N O N ¢ n 2_ _ Z_ 3_ >_33_ J_ 3_J_:3_3_ _33_ >_ 3_z3 a I Z Z O M1 i 1 _t N!m bP oPOO P' I 'eo as � '.NN MFl -b v4�mN1JN o 'OP Pn-PNFlPN PP WN MM Na - - - NFNFl-.bP - NW Fh '0N W q m a gga0m m0 m0gq 00.6q -0 m q q 0 m.0000 0mm0mq m.qq q q m N Q, O O o 0000000000 O O I e Y O F Z V Y N - FFhFFh F'FFFM1 hFM1h N m 'm V N mm mmm0m 00 0 - 'M m M MMMMMMFlMMMnMn nM P m D PNNm NON IONNNoo o N �QON NN a 6 Q � bbbbb�p WmmmWm J e N • WW NN x - y p x o a a e z m Z y O Y O o Oo o Ooo 0 T aaaaaa caaaaa - -- - - - - z • mmmmmm mmmmmm o mmmmmm mWwm m m mm mm m m m m m l j NPP NN Yoa Nl.. � mm O NNN I � � y N mNm_ JNN O a Y m% yW oec WNONNm Wn NN a11NV Pa oo oo N 00 oNN DDD 000000 m D c A DDD yyCCCC ' FFSS _ Y-1Y-I o p nS 00' O 0 � rmOi 1191999 9 9 mmmmm mmmmmm m m ii mm. r lmmmm %m%wmm m m an mm m o v -1 Y-iY4 32 0 D m mm mmm Nm NmwW� r \ O- m 9 m 2 SA:AAAA CCCCCC AA' r cal-«al 1cl mmmm m - w oo mo w i .cccccc 33 s n Won :mAAAAA r F mmm mm mmmmm ' m av � A m%%m% 9DasZn a _ T A zzzzzr o v -ci y'.yccc 99 9pl m 9 % A Y AAAA_ W A on oo' c c m ` rrri ei zzzzzo 210 22 m m m' x 'm N%b wmm 999992 r < N1021) 'D mcccc z :. y r W W W W W W W INA W W w bl N m N ro S 1 o N000Ob W lyl ll OI 11111... N i O I I NN > I. e ro bN NNumm'm -YWJ 2 W_m. N y a .. - ro % a I Nb_mmID Nw�yWY W W ia♦ as a N ' N. w Z IA, m o x m 9 % s a m m N YI Y Y U V V V V V U W � V W Q + R f i t ♦ a b + 6 m 6 W L 0 s q < o i e „ > P P z a mm-Fl�arv-rvNa -eo mmm� - P A - _ PPOOObPoo I I IIII IIIFII � 1 I 1111 1 I o a mm-aNN'rv-wrvalloo m ma - + - - P 2 ^AAFlPP b000N00 - - P M o Z. h TFhFFFhFFFhPNA AAFlA I � ^ el . n � J A '.A AAMAAAFlAMAN00 P pNa P ' Q a P' P V' P PPPPc:P PPPPPFlFl PP f 1 1 1 1"..1 1 1 OAA 11 1 1 Ij <. a ee o oomew.mm qK % 'm..Nbbbb%%g6.2F � W `yyyyyWWWWWLUL <_ 6__6-Q_ W W W Y m „ FFFruu�r�hu ma J J J. = .Y Yy ^ YWWW .UUPU 4 6 d 4m . F !-FhFFFFFFhFFQ6 .G OjG N J J%. I J .J JJJJJJ 33JJ033 0000 % b 6 mWWWW p O J d J Ntlq.m = O �i a 46JJJ 6'3 JJJJJOO .6666 0 NM%b N.%4b Nb m% % R, a0 RO OPPPFl x t o n t n Ow. '. oN mM NO NNONO :N wNAN m PA P - PNa RaP O INa NN NN NN AM N AMN- _N w hON _ AA W m . Om 00m m 00m m 0mm0 mom 0 q q 0 m m mmm.0 g00m000 mmm0 m m m m 0 ' YQ \ PPPPPPP PPPPP.'PP PPP I P P m ^Q o Opooe0000e0o0 000o I o O o } p F Z V u FFFFFFFhh NNNN b F W_ . '............ .. . P ,n o uyuuy P P m m m ' lnaa W N - o t • y yy O a p } 0 f A S p I O < OOOo 0 o O o o O '. 00000 O y T � mmmm m w m m m m mmw� m m m \ o f mmmm m m m m mWmmW m m m v m I NN NN m- JNe mOl AA NN '' '. o NJ' O NN oo JJ Oo Wwmwmm pe yl N WW oe '' I 00 0 mN NN 4444 O- n D D wmwm r T n m az Na m z uwmmw K < -mwm c n ' y oa000 x w P m W.ymw m r z. wamww i ' s a o Tmmm o I ccccc �m m. I z r��� •y '. noon m �, n � I snnn_ i. o I 00000 z � ., x 00� w N y W A Twa9 w O m m mw Ww C na'aa T;T II T, T m 9 9 9 nrr rr r. r y S I nsmm mm, m m' m m a� amw m .. m I 0 A I I y�Juo I I. II WWWW N. b IY N' N N myNNN I�W W ry N C_ o N Y I'. I I l 9 r m 1 m i i m m 9 � D ' a m I } i m m m m x x m W m N I m Y - W • V W 6 V W < m n w i m m e o i u z N n a n n N a I I i i i 1 i 1 M P A n F Ip I l0 1 le 1 1 I 0 0 1 I 1 Ip $. MI a a n N MSI F < a o o w o z F o o a n o W z W W F N W C W O U 6 W W V n V 6 Z COi J- J nl > KI O 6 O Z F Q W V Q �o LL> rLL PP W.m aN i t mW m.m + �. •Wo Mn PP FF A NN N.N � N.N FF e0 pN eN Im0 W r W Wr m m m m m m W m m m m W m m LL GOI o o p O oo 0 0 o e o F L V N F a p W N W a N WV a a W W n 2 i m ' Y O I O O O T 1 D y Y m x D i v m m I � W o I I m Ly Q�PomN ti WLtl eNmN �P OPO 1 c aPoo Om NtlWNOm O � T"TT TTT TTa TTT C_ C_CC_C_CCC_C_ CC_C_ Z ZZ Z G r OOOOOOOI00000 = I ' I. L4m4�mO�o NPYA �� I y . yyyyyi - O OOOy00 y0yy0 n DDDDDD DDD DDD O ! rrrrrrrtr rrrr s I y I '. mcaYY-- vonxK - Y�DKocmmcaDmas m z �aammrz..r. z :3 I _ OKZmb ' KrmT3�'C 41 � m i ' 9C93.Zm m KD OO A9p 0 .D i amlm1 Kz II i 1 i i < 1 ( a 1 1 � 1 I m I m Y f m o to 000000000 m rm m m. m mmm om Y� m 0 Y 0 0 0 0 '. F F FCFFFFFFF F F F F t FFF FK w F W 0 t F F F F w WH m r O N W w W V1 Y W O O N O 0 O 0 O O O O O O w N 0 0 www rW m NO O N W Y Y 0 O O O O O Y N r FC FYOrw Yw O O p00 0 O 0, 'o 00 0 0 000O 000 0 0 O O Or . Y0 . . . Y0 . . OrOO �n N N r CF FYOYw Yw 00 0 0 0 000 FO O �1 O O F r Y 0 F C O o 0 0 0 000 F O 0 0 O O H , 0 0 000000000 m m m m m mmm o m 0 -I 0 0 0 0 0 00 000000000 0 0 0 0 0 000 0 0 00 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O 0 0 O � c r m m N mm mN D N 3. W 0 0 mW O I-' Y 0 0o VI 1 F ,1 VI Y r°i O vNi VI rH� � mo m Y O 1 Wim. "I MF 0 0 VI O N �D n O �1 O N,- -0� �--' -0 �n ,i 0 0 0 0 -0 --0 N N O vl m 0 0 0 0 O N' 00 YON OOWNvO NO �n ONm- 000 OO OO ON 0 O C_ -3 O O [•J fn _ b - b b 'A '.0 S 2! '.b '.V '.V 2 N w w O O N m a b O 0 D O A C O K O m m N a N N N N G m D C 3 L 4 ^1 O 0 K H M b 0 K 0 y. 3 3. 3 3 3 3 x 3 01 O b b O O O a 3 > .- .• .- .- r- b I-. m b y W W M c+ c+ N M <* M M Y K Om N N M M N mm 3 N (D N O b m m m F m K w N m SO OS 0 0 OM Nu 0 G OO O 0 r• y_ Y r 0 0 N O O O N S 0 3 3 m S1 O4 < ❑ m cr. Im O W W - N N N N N N N N N N N N N- N N N NNN N N N NN N N N N N N n Cn O� D\ O� a` MO. a\ Q\ VI VI V1111 VI VI VI VI VI VI VI VI VI VI VI VI VI V1 N N VI VI 111 N VI VI VI V1 VI VI ^ V�1 F W W w w W W W W W N H O b m N �m VNi VNi W N r o b m Z O a 0 r = = r = c = s w 0 3 n a 0 m < c Z 'J µ w w m O N N µ N Y !" Z �] N O N m O K b w U) 3 i+ c* a+ 0 m D �< D N 3 0 0 O '0 D 0 G. 0 '00 O O O W N 004 O O O FO' 0 at M M M a+ E O M r 0 y M SN a c' S 0 3 r O4 W < I I M N 0 7 W O_ r O K O w w Y OO r W a m w' 0 a m o N N x F N y O O N < a a 0 m m o m m Y ys n s r y N O NY N N W F Y O VI m ..W W N Y VI F 1� �1 Y r D\ - m r O 1 1 F O m N O . O vl O N �O D o w rn N o voi o o m o 0 o 0 0 00 o s u+ o I� o x o O O O W N O 0 0 > MF- O O N N N ti U U N O ? m M O > Y Gm v o m O C w W m G G YG C O z c a a u a o a Ym o O S U 7 W m w O Y U 0 a .-I o y - d v m y m °o y0 H C V O d Y b C O y .0 > w mz v o m y v ro o I v > C > £' ❑ U E M X C = Y E 3 O OJ p1 O t0 �O b �D N N C`F L` t• N - J N N N N N N N N N N N W CJI .Wi T Ot O D NOO> OOH OR n0 t U1 Yi G G U .i W M mR O c v m u > v > . N W N Tm W v cO O H On OJ N 4 N N v > „ d W ^ m d d W W > W 0 O W In NDN M aEi 7 7 O N P O H k O M G L-I w Y V � W Y O O O s In O O t— O > > O O W O O O N N O 00 0 1 M N Wy 6 y O O 1�1 N ✓� N .Y O y} 7 UTb y N 00 3 W N a F cY° w o 0 m ¢ m w C w y y E G m 3 3 A U 0 0 0 0 0 0 00 0 0 0 �Q O O ❑O w W G O O" 0 0 0 0 00 0 0 0 Z I I I U N N O O CO O 00 N O N W O N N N W OJ - G 5 V .i rl N H O C, rl P V N N N H O In N N In 1 v� 1(� V� rl rl O f' N N N .1 V� Y O O O O In N 00 O N O S V� to N N 0 0 0 0 0 N 0 N 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 CERTIFIED PUBLIC ACCOUNTANTS • nnrwxcrwr.wwrrs • co�nrwxce wtmrts • I+mANCIAi. (:ON9ULSmG • YANAGFadNT ADVL401iY 9F.RVICE9 612-545-0421 Serving Cities for over 30 Fears" 31 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- All snowplows are not created equal! And in the business of snowplowing, second best Fest won't do. Fisher plows past the competition with features like our exclusive trip edge, customized mountings and your choice of electric or belt -driven hydraulics. Find out today by we sag nothing stacks up to a Fisher' P.O. Box'T" CfIY$%ffL Highway 60 East ors�,.rvc Lake Crystal, MN 56055 (son 72saoa, 1-800-722-05118 SNOWPLOWS 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 VERNON FORD RES.: 612-753-3523 FORD TANK & PAINTING CO. INC. 21719 CEDAR DRIVE CEDAR, MN 55011 W OVER 40 YEARS EXPERIENCE STEEL ERECTION • SANDBLASTING AND PAINTING CONTRACT WELDING • GENERAL MAINTENANCE FREEZE -UPS • EMERGENCY SERVICE • FROST JACKETS Street Light Standards Painting - silver bright aluminum TEN FOR $250.00 Don Rush Box 233 Pilager, MN 56473 612/632.3564 Minnesota Cities 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. ■ Keep np with increming workloads and dccrez"mg -prnuing hudgot. nn.nlgh Ihr pn,nsr or Alpha, -IMS integrated accounting software for local governments. Used by cities, towns, villages, and counties since 1979. Even the Minnesota fe9➢tpe of fibre has mJirtL for, years Find out why. a.!aly,Trnc�wc..�, Finance Diieuor, yh" � nw on Ar&M Unix Midmmpruos, !BM-Speem/36 City of PrJor fake, MN M --Pubs, cod 193f -p w Cmymm u d—pai6le, Ca➢ ow Mumeapolu -Mice t.0 -free for more iadbra adon. 1-800-342-2345 ext. 261 24 F: N. 14mb�. Me...Fd. IM1:. F. IL.L I.IN 55th 1201 GvM Me.. SAe O[ 61Aip, 1R 591 M_ Big Sky r / Data Systems BARS, may 1988 33