HomeMy WebLinkAbout03/01/1988 MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: February 25, 1988
1. Attached is a memo from Jim Karkanen, Public Works
Superintendent, and Tom Brownell, Police Chief regarding the
City's calendar parking policy.
2. Attached is a copy of the City' s standard operating
procedures regarding the enforcement of snow removal from
public sidewalks dated February 17, 1988.
3. Attached is the monthly calendar for the month of March.
4. Attached is a letter from Mr. David Hutton accepting the
position of City Engineer with the City of Shakopee and
requesting that he be able to delay his starting until April
4, 1988 which I have agreed to.
5. Attached is a letter to Mr. Alan Ackerberg of Ackerberg and
Associates, Inc. reminding them that their park dedication
fee is due prior to receiving a Certificate of Occupancy for
their apartment building. (Councilman Scott mentioned this
at the worksession. )
6. Attached is a copy of the policy of property tax reform
principles adopted by the Association of Metropolitan
Municipalities.
7. Attached is a letter from Ronald L. Rudrud, Vice President
of the City Engineers Association, advising us of their
position on increasing the gasoline tax and on the use of
motor vehicle excise tax and asking that cities support
their position. These pieces of legislation have passed the
House and Senate Transportation Committees.
8. Damile, Inc. (Shenandoah Ballroom) has decided not to renew
their cigarette license for 1988. This is a result of the
City Code requirement that no licenses be issued if an
applicant is delinquent on paying taxes, assessments,
utilities or any other financial claims of the City.
Damile, Inc. has not paid the second one-half of the 1987
payable taxes.
9. Attached is a memo from Ray Ruuska regarding the WMO Group
meeting.
10. Attached is a memo from LeRoy Houser regarding a house at
735 East 1st Avenue.
11. Attached are the agendas for the March 3, 1988 meetings of
the Board of Adjustment and Appeals and Planning Commission.
12. Attached are the minutes of the January 28, 1988 meeting of
the Planning Commission.
13. Attached is the agenda for the March 2, 1988 meeting of the
Community Development Commission.
19. Attached are the minutes of the February 3, 1988 meeting of
the Community Development Commission.
JKA/jms
CITY OF SHAKOPEE
PUBLIC WORKS DEPARTMENT
MEMO
TO: ..JOHN ANDERSON
CITY COUNCIL
FROM: JIM KARKANEN-PUBLIC WORKS
TOM BROWNELL-POLICE
SUBJECT: CALENDER PARKING REVIEWAL #4
DATE: FEB. 24TH, 1988
INTRODUCTION:
This reviewal of our snowplowing ordinance is intended to
provide some of the newer members of our City Council with a
background of how residential parking creates problems for
anowplowing operations, and how the parking ordinance regiments
residential parking in order to help facilitate these plowing
operations, and cleanup operations after a major snowstorm. This
parking restriction also allows for tagging or towing an
abandoned vehicle after 24 hours instead of the previously
allowed 48 hours, thus assisting the Police department in
removing "anowbirds" and abandoned vehicles.
BACKGROUND
Calender parking restrictions were initiated in 1964, but
were virtually impossible to enforce because they could only be
implemented by a public announcement on the local radio station.
For obvious reasons, this system did not work, and could not be
enforced, and was virtually ignored by the public, and the
involved departmental agencies.
After encountering many parking and plowing problems during
the winter season of 1981-82, in which we received 95.0 inches of
snow, the current calender parking ordinance, #107 , Section 9.50
was formally adopted October 19, 1982, and was used initially for
the winter season of 1982-83, at which time we received 74. 4
inches of snow. We felt that the adoption of the parking
ordinance was timely because of the numerous times that we had to
plow, and because of the accumulation of snow building up at the
curbline was restricting parking space, thereby creating narrower
street passageways which were considered a safety problem when
car were parked on both sides of the streeet. We also found that
there are some streets that became so narrow that emergency
vehicles could not properly pass through the area.
REVIEWALS: This ordinance was reviewed by the Public Works and
Police departments after the inaugeral season, and this report
was submitted to Council for their comments on May 12th, 1983 .
It was recommended that we continue using the winter parking
restrictions in succeeding years, but a year-round ban was
suggested for the CBD area from 2 AM until 6 AM. This downtown
parking restriction was suggested because the Police department
found that they could more easily identify "suspicious" vehicles
parked downtown, and the Public Works department could conduct
sweeping, cleaning and maintenance activities early in the
morning before the parking spaces became occupied. This early
morning ban also encouraged the downtown residents and tenants to
use the downtown parking lots for overnight parking. This
recommendation was adopted and implemented for the 1983-84 winter
season in which we received 98.6 inches of snow, and we felt that
the winter parking restrictions were very helpful in our plowing
operation. The winter season of 1986-87 was nearly devoid of
snow ( 17" ) , and we were requested to provide another reviewal of
the parking ordinance which was submitted this spring, on April
30th, 1987 , at which time it was recommended that the early
morning parking ban be changed from midnight to 2:00 AM. , and end
at 6:00 AM, instead of 8:00 AM. This change was recommended and
instituted in order to allowing residential parking for late
evening guests in the residential neighborhoods until 2 AM.
SNOW CHART 1980-81 21. 1"
1981-82 95 .0"
1982-83 74.4"
1983-84 98.6"
1984-85 72.7"
1985-86 69.5"
1986-87 17.4"
1987-88 approx. 40" to date
EXEMPTIONS: The Ordinance also allows Council to grant
exemptions to the parking restrictions when presented to Council,
and the Council agrees that a hardship exists . These exemptions
can be granted on an individual basis, and we have found that
when a resident uses an electric heater plug-in, this will create
a problem when parking across the street. It is also apparent
that living on a cul-de-sac can create problems in certain
locations. The Central Elementary School block was previously
exempted after 7 AM, in order for the teachers to be able to park
their vehicles before school started, and before the parking ban
was officially over at 8 AM. This exemption was granted on Nov.
15th, 1982, but isn't needed now because the current ban now
expires at 6 AM.
GOOD OLD DAYS: Prior to implementation of the calender parking
enforcement, the Street department had somewhat resigned itself
to the fact that parked cars, and snowbirds were an occupational
stigma that we simply had to contend with. It was common
practice for vehicle owners to deliberately park their vehicles
in front of their driveway so the plow wouldn't leave a windrow
across their driveway opening, or worse yet, they would park
their vehicle next to their neighbors driveway or across the
street. This action would generate phone calls and complaints
for several weeks following a plow operation, and/or we would
find ourselves sending trucks into the neighborhoods several
times each day, for several weeks, attempting to clean these
snowpiles. This practice became very expensive because of the
time and labor involved trying to clean up the residential
streets. Of course, if the snow pile was located next to a
driveway, or a neighbor's driveway, then we would hear about it
immediately• This resulted in a very unorganized plow cleanup,
and created many hard feelings between neighbors, and of course
was a negative reflection on our department trying to clean the
streets. This also became very expensive because the trucks had
to be dispatched on every call, and the plow routes had to be
inspected daily for several weeks following plow operation. The
Police department also had many problems with this type of a
"reaction" situation, because the offenders were very hostile
towards having their vehicles towed, and the Street department
was obligated to return and clean up the snow pile after the
vehicle was towed. This unorganized cleanup operation was very
bad for public relations for the Street and Police departments,
not to mention an unnecessary cost to the cleanup. It must be
noted that this winter season of 1987-88, we have not had to tow
any vehicles from the residential areas because of neighborhood
or departmental complaints.
After a storm, a cleanup is absolutely necessary because of
subsequent snowfalls which will make it very difficult to keep
Plowing to the curbline if the snowbank at the curb becomes too
high. By not being able to keep the snow plowed to the curbline,
the street becomes very narrow, and if cars are parked on both
sides of the street, eventually two-way traffic cannot safely
pass in the center of the street, and emergency vehicles cannot
use the streets. We have found that this is especially true on
some of our newer subdivisions where narrower streets seem to be
constructed lately. There are also many of our older streets
that seem to have many cars parked on the street because of
multiple dwellings, such as East Shakopee Ave from Marschall Road
to Naumkeag street. With cars parked on both sides of the
street, only one lane traffic is permitted on Shakopee Avenue and
two-way traffic cannot meet each other safely.
On a snowfall which requires plowing, (usually after 2" , )
the Street department will start their plow operation as early as
Possible knowing that the majority of residential parking is on
one side of the street. This ban will expire after 6 AM, but
there are not that many people moving their vehicles into the
neighborhood, they normally are exiting the residential area.
By cleaning the street full width, (with parking permitted
on one side of the street) , we can at least get close to the curb
l
on the other side of the street, and we will schedule one plow
vehicle to check and clean up the other side of the street the
next morning. After we check the residential areas the following
day, we are then finished with the snowplow operation, because
the street has been reasonably cleaned up, no snowbirds are left,
and public reaction is minimized. The Police department does not
have to get involved except for enforcement, which is incidental
to their night patrol when time permits. Again, we have not, to
my knowledge, had to remove any snowbirds on a complaint basis
this winter season, which is saying that the system does work.
ENFORCEMENT:
When the parking restriction begins on November 15th, the
Police Department will only issue warning tickets for violators
for the first 15 days of the ban, unless there is an
extraordinary amount of snowfall, or excessive frequency of snow
plow operations required. In previous years, the Police
department has generally issued 1 ,000 to 1, 300 tickets per year,
and this year the Police department has issued 396 to date, with
a projection of approximately 600 tickets to be issued for the
season. During the winter of 1986-87 , a part time person was
contracted to issue tickets during an early morning time period
in order for the squad cars to be patrolling in other areas.
This season, our squad cars are patrolling the neighborhoods
again as time permits.
NOTIFICATION: The Street department has installed large warning
signs at the major entrances to our City as a reminder and
notification that there is a parking restriction in our City. We
have also installed approximately 45 warning signs in strategic
locations in our neighborhoods so that they serve as a constant
reminder that we have a parking ordinance. These locations are
generally where there are streets leading into a neighborhood
addition, or where there has been an extraordinary number of
tickets issued, or in a location that appears to have many new or
transient vistors or tenants. We also include a "stuffer" in the
SPUC utility bill during the first month of November (or
December) explaining the ordinance to the public. There is also
a legal notice placed in a block add in the local newspaper, and
there usually is a column notice by the Police department or a
friendly reminder to the public. It is our impression that the
public is well aware of the parking restrictions, but there will
always be people who will totally ignore the ordinance with no
regard to the purpose of the parking restrictions.
The parking restrictions must always be enforced
irregardless of the fact that it might be a during a dry period
of snow, or an unusually dry winter season. It would be
absolutely impossible to apply a restriction, or enforcement to
this type of an ordinance during the middle of the season, or
only during a snowstorm. It must be applied and consistently
enforced for the entire season realizing that we will never be
able to satisfy every resident.
ALTBRNATIVB METHODS USED:
Some of our neighboring communities have various other parking
restrictions that they use during the winter season:
1 . A continual ban on street parking during the winter season,
and/or a year around ban at all times. The City of Bloomington
tried a winter ban several years ago, and it was not accepted by
the public. The City of Duluth bans parking on one side of the
street for a full year, then will ban the alternate side of the
street for the following year. They have been doing this for at
least 20 years. It is our understanding that the City of
Burnsville has a city wide parking ban during any snowfall.
2 . Some of the larger cities will ban parking only after a snow
emergency has been declared by City officials. They only declare
this type of an emergency only when a major snowstorm develops,
and they do not plow they smaller snowfalls. Needless to say, we
have probably finished our plow operation, and probably cleaned
up by the time they have started their declared snow emergency.
We would never want our plow operation to be compared to their
snowplow system. A major problem with this type of operation, is
that this system has to be declared in the media, and this does
not guarantee that everyone is going to receive notice, and this
operation also requires a special towing schedule with a lot of
bad public relations.
3. Some of the smaller suburbs and local communities, will
declare an automatic emergency after the snow depth reaches 2" or
3 inches of snow, and then the parking restriction is in effect
until the snow is plowed to the curbline. One of the major
problems with this method is that during a major snowfall , it is
our practice to plow "with" the storm in order to keep the
traffic moving, this means that some streets may be plowed more
than once during a major snowfall . Another major problem with
this system is location of the snow depth measurement, and who
will make this measurement. It is conceivable that a snow
measurement like this could be easily beaten in court. We find
that snow amounts will vary greatly in our City, and winds will
greatly affect this measurement. The official measurement of the
Twin Cities is at the International Airport, which is some 30
miles away from us. We have also been forced to begin a snow
plow operation because of drifting snow caused by high winds
which would not qualify as an official snow depth measurement.
Every community seems to have a parking restriction program
that seems to work for them as it is applied to their snow
removal operation, proving that it is considered essential to
control parking to have an efficient snow removal program.
+ STANDARD OPERATING PROCEDURES
ENFORCEMENT OF SNOW REMOVAL FROM PUBLIC SIDEWALKS
FEBRUARY 17, 1988
1988
1] The city does not inspect property systematically for
violations of the city code relating to snow removal
from public sidewalks.
21 when the city receives a complaint that a property owner
has not removed snow from his sidewalk within the period
required by the city code, the Building Inspector will
inspect the property to verify that there is in fact
a violation.
31 If there is a violation, the Building Department Secretary
will call the property owner and advise him of the city
requirements on snow removal from public sidewalks and
ask him to remove the snow bW a specific date.
(NOTE: This call will be plAced only on the first violation
each time thereafter the city will simply have the
snow removed. )
91 The Public works Superintendent will inspect the property a
second time, when the specified date has passed, and if the
snow has not been removed, he will contact the city' s
contractor to remove the snow.
5] After receipt of the bill from the city's contractor, the
Finance Department will bill the property owner for the cost
of removing the snow from the sidewalk. (The bill will
include an additional 208, over and above the contractor' s
bill, for administration. )
6] If the bill is not paid, it will be assessed to the property
owner (pursuant to the city code) and will be certified to
the county auditor and collected with the property taxes
the following year.
It was the consensus of the Public Works Superintendent, Building
Inspector, City Administrator and City Clerk that the above
procedure be implemented this year in order that violators might
become aware of the city's intent to enforce the snow removal
ordinance.
In 1989, a notice will be placed in the SPUC bills advising
property owners of the city' s snow removal requirements. This
will occur at the same time property owners are reminded of the
alternate parking regulations.
v
1989
i] The city will not systematically inspect for violations of
the city code relating to snow removal from public sidewalks.
21 When the City receives a complaint that a property owner
has not removed snow from his sidewalk within the period
required by the city code, the Building Inspector will
inspect the property to verify that there is in fact a
violation.
3] If there is a violation, the Building Inspector will advise
the Public works Superintendent who will contact the city's
contractor and request that he remove the snow.
(NOTE: The City will not call violators; the notice in the
SPUC bills will serve as their first notification)
4] Same as 5 above
51 Same as 6 above
CC: City Administrator
City Clerk
Building Inspector
Public Works Superintendent
City Council
March 1988
UPCOMING MEETINGS
SUN MON TUE WED THU FRI SRT
1 2 3 4 5
7:00pm City 5:00pm CDC 7:30pm
Council Planning
Commission
6 7 8 9 10 Ti- 12
4:30pm 7:30am 7:00pm
Public Downtown Eneroy &
Utilities Committe Transp.
7:00pm
Council/
Dept. Head
13 14 15 15 17 18 19
7:00pm City
Council
20 2100pm 22 23 24 25 25
Community
Recreation
27 28 29 30 31
February Apr! iI
S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2
7 8 9 1 0 1 1 12 13 3 4 5 6 7 8 9
14 15 16 17 IS 19 20 10 11 12 13 14 15 16
21 22 23 24 25 26 27 17 18 19 20 21 22 23
28 29 24 25 26 27 26 29 30
none
02/25/1986
716 North Street
West Bend, WI 53095
February 19, 1988
Mr. John Anderson
La.'..,..= _.
City Administrator
City of Shakopee
129 E. 1st Street
Shakopee, MN 55379-1376
CII Y OF S4AiKOFE=
Dear Mr. Anderson:
Please be informed that I have received your February 12, 1988, letter
outlining the terms of your employment offer to me for the position of City
Engineer for the City of Shakopee.
On February 17, 1988, you called me to Inform me that the Shakopee City
Council had approved of the screening committee's recommendation to offer the
position of City Engineer to me. At that time, I verbally accepted your
offer.
This letter is to officially inform you that I will accept the position of
City Engineer based on the terms you outlined in your February 12, 1988,
letter. As I Indicated on the phone, my last day of employment with the City
of West Bend is March 18, 1988. While I am just as anxious to begin my career
as your City Engineer as you are to have me start I am respectively requesting
that my start date be delayed until April 4, 1988, due to moving from West
Bend, wrapping up all the loose ends here, getting settled in our new hone in
Shakopee, etc. If this is going to create any problems please give me a call
and I 'm sure we can work something out.
A lot depends on when we can move into a now place in Shakopee. My wife and I
will be coming to Shakopee within the next few weeks to look for a place to
live and we will be contacting you ahead of time on our arrival.
We are very excited about moving to Shakopee and 1 am personally very excited
about becoming the City Engineer.
Sincerely, IL
David E. Hutton, P.E.
DEH/pb
CITY OF SHAKOPEE j •
INCORPORATED 1870
129 EAST FIRST AVENUE,SRAKOPEE, MINNESOTA 55379-1376 (612)4453650 '
^V
January 29, 1988
Mr. Alan C. Ackerberg
Ackerberg and Associates Inc.
4201 Excelsior Blvd.
Minneapolis, MN 55416
Re: Park Dedication - Country Village Apts.
Dear Mr. Ackerberg:
This letter is to confirm our conversation of September 3, 1987,
regarding the park dedication for Country Village Apartments in
the amount of $14,536. 00. This amount is to be paid prior to
receiving a Certificate of Occupancy for the project.
I£ you have any questions regarding this, please feel free to
contact me.
Since&der�son
John K.
City Administrator
JKA:cah
i
The Heart of Progress Valley
association of
BULLETIN
metropolitan
murncipalrtleg
FE81 61988
CiTy Or- SHAKOPEE
February 10, 1988 -
Dear AMM Member City Official:
The Association of Metropolitan Municipalities Revenue Committee
and Board of Directors has been monitoring closely the proposals
for Property Tax Reform. Based on many hours of study and debate,
the Committee and Board determined to establish a set of
priniciples rather than support or oppose any one entire
legislative proposal, especially since each proposal has been
changing almost daily and will most certainly be modified in the
legislative process.
i
Enclosed for your information and comment if you wish, is the
Policy of Property Tax Reform Principles adopted by the AMM
Board on a 14 to 2 vote at its February 4, 1988 meeting.
Two major concerns arose during the discussion of the reform
proposals. One was over an apparent shifting of current and
future credit/aid from metro to outstate and the other was
shifting more tax burden onto metro homesteads. The principles
speak directly and indirectly to these major points.
Some AMM Board members and cities do have a concern about point
#12 which suggests adding $100 million. However, generally
speaking if property tax reform is implemented with the intent
to decrease the property tax burden on C/I and certain other
property without increasing the burden on homes, then it is
conceded by the majority that some additional money is needed.
PLEASE CONVEY YOUR SUPPORT OF THESE VERY IMPORTANT PRINCIPLES
TO YOUR LEGISLATORS!
183 university avenue east,st. paul, minnesota 55101 (612) 227-5600
E
THE BOARD OF DIRECTORS OF THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES
SUPPORTS THE FOLLOWING PRINCIPLES AS APPLIED TO
PROPERTY TAX REFORM PROPOSALS:
CLASSIFICATION:
1 . A property tax classification system of 10 classifications or less.
2. Reform measures should not artifically reduce property value in
certain communities, increase property value disparity between high
and low value communities, or reduce the ability to pay for
locally determined needed facilities.
3. Changes to the classification system should include changes that
keep Fiscal Disparities and Tax Increment Financing neutral .
CREDIT/AID:
4. Maintain Homestead Credit and Local Government Aid as two
separate programs.
5. A homestead credit system that provides relief to homeowners is
preferred over an artificial system.
6. The link between local expenditures and both credit and aid
programs should be severed for future increases to eliminate the
perception of rewarding discretionary spending.
7. State aid or Local Government Aid which is tied to increases or
decreases in the state's general revenue (city, county, school,
taxpayer) .
BURDEN:
8. Commercial/Industrial property tax relief is supported but not at the
expense of metro area homesteads.
9. A system that provides equalization to the city, county, school
district and the individual taxpayer to some degree.
10. A multiyear computer run to analyze the long term impacts of a
property tax proposal, and a review of the proposal regarding its
impact on the distribution of tax revenue to the metropolitan and
non-metropolitan areas of the state to insure that the imbalance
or shift to non metro is not exacerbated .
OTHER REFORM:
11 . Review of the property tax burden upon high-valued homesteaded
residential property.
12. At least $100 million additional annual revenue for property tax
reform is supported.
13. A full disclosure property tax statement (discloses local taxing
district levies, state paid relief and homestead relief) .
14. Changing the payable 1989 property tax law.
CITY ENGINEERS ASSOCIATION
of MINNESOTA
February 10, 1988
T0: Mayors, Councilmembers, City Administrators, R-Ccc.ne—' ,
City Clerks, and City Engineers
FEB 1 61988
RE: Highway Funding C/TyOF�,HAPCOAEE
At the City Engineers Association of Minnesota annual business meeting on
January 21, 1988, the need for. additional monies to preserve existing roadways,
reconstruct roads as necessary, and complete construction of the roadway system
was discussed. A motion was passed supporting the highway funding
recommendations of the Transportation Finance Study Commission. The
recommendations are outlined in the enclosed document. The two primary
recommendations are that the gasoline tax be increased by three cents per gallon
effective June 1, 1988, and that the share of the motor vehicle excise tax
(MVET) revenues going to transportation be increased from the present 58 to 358.
The motion directed that cities be informed of this position of the City
Engineers Association of Minnesota, and be asked to take action supporting this
position. Mayors, councilmembers, administrators and other individual
representatives of cities are also requested to contact their legislators to
ask them for their support of the recommendations of the Transportation Finance
Study Commission.
A sample resolution is enclosed for your consideration. Your support of this
very essential funding increase for transportation is encouraged.
Yours truly,
Ceoru L . 9—AA-4,
Ronald L. Rudrud, P.E.
Vice President, CEAM
RLR/an
Sample Resolution
RESOLUTION #
WHEREAS, there is a need for additional funding for highways to preserve
the existing roadways, reconstruct roads as necessary, and complete the
incomplete system of roadways; and
WHEREAS, the 1981 Minnesota State Legislature directed that the motor
vehicle excise tax (MVET) be transferred to Transportation by increasing
increments of 258 percent per biennium beginning with 1984-85 biennium and
ending with the total transfer in the 1990-91 biennium; and
WHEREAS, the 1981 Legislative law directed that of the amounts transferred
to Transportation, 758 go to the Highway Users Tax Distribution Fund (HUTDF) and
258 to the Transit Assistance Fund (TAF); and
WHEREAS, the 1983 Legislature, reacting to the State's general fund
shortfall, delayed the MVET transfer to the 1986-87 biennium; and
WHEREAS, the 1984 Legislature modified the schedule by advancing the first
phase of transfer to the year 1985 and was to continue through the 1986-87
biennium; and
WHEREAS, the 1986 Legislature acted to eliminate the transfer of MVET funds
for the 1986-87 biennium; and
WHEREAS, the 1987 Legislature acted to eliminate the transfer of MVET funds
for the 1988-89 biennium; and
WHEREAS, the roadway systems under the jurisdiction of State, County, City
and Township can no longer be maintained to minimal standards utilizing current
funding; and
WHEREAS, the liveability of Minnesota is highly dependent upon its
transportation system of which the roadway system is the major artery; and
WHEREAS, a major portion of the roadway system in the state is over 40
years old and in need of major repairs or reconstruction; and
WHEREAS, the roadway systems will continue to deteriorate at a faster rate
than current funds will provide for future repairs or reconstruction; and
WHEREAS, the major issue is to provide sufficient funds to meet the needs.
of the total transportation system within the State of Minnesota; and
WHEREAS, the Transportation Finance Study Commission has made
recommendations to provide additional funding.
NOW THEREFORE BE IT RESOLVED BY THE CITY OF
that the city strongly endorses the State Legislature providing additional
funding for transportation; and
FURTHER, since the Transportation Finance Study Commission recommendations
will provide such additional funding, the State Legislature is encouraged to
consider adoption of their recommendations as outlined in the Transportation
Finance Study Commission's working draft document dated January 7, 1988.
PASSED by the city council of this
day of 1988.
MEMO TO: John K. Anderson, City Administrator
FROM: Ray Ruuska, Engineering Coordinator Z�
SUBJECT: WHO Croup Meeting -
DATE: February 26 , 1988
INFORMATION ITEM
During the meeting of February 18, 1988 the WHO representatives
voted to support the City of Shakopee and to encourage the Prior
Lake - Spring Lake Watershed District to accept and satisfy the
conditions set by City Council for petition of the proposed new
watershed boundaries.
The conditions are as follows:
1 . The Prior Lake-Spring Lake (PLSL) Watershed District will
provide assurances that the provisions of the joint powers
agreement between the City of Shakopee and the PLSL
Watershed District will be maintained.
2. That property owners in Shakopee that are included into the
PLSL Watershed District by boundary realignment not be
subject to payment for repairs and maintenance of the Prior
Lake overflow project.
�n
MEMO TO: City Council
FROM: LeRoy Houser, Building Official
RE: 735 East 1st Avenue
DATE: February 26, 1988
As you have probably noticed, the house on the corner West of the
I.C.O. gas station has the windows, doors and screens knocked out
and is roped off.
This property is being razed through a "friendly" condemnation.
The house was substandard and I notified the owner to repair the
building or I would condemn it. They offered to let the fire
department use it as a drill property if I condemned it. I said
that would be fine.
i
The building should be down and the site cleaned up with the next
two to three weeks.
LH:cah
TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular session Shakopee, MN March 3, 1988
Vice Chairman Czaja Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Election of Officers
4. Passing of the Gavel _
5. Year End Report
Action: Recommendation to City Council
6. Other Business
7. Adjourn
Douglas K. Wise
City Planner
NOTE TO THE B.O.A.A. MEMBERS:
1. If you have any questions or need additional information on
any of the above items, please call Doug Wise on the Monday
or Tuesday prior to the meeting.
2. I£ you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
l�
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee, MN March 3, 1988
Vice Chairman Czaja Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Election of Officers
4. Passing of the Gavel
5. Approval of January 28, 1988 Meeting Minutes
6. 7:30 P.M. PUBLIC HEARING CONTINUED: To consider
amendments to the Shakopee City Code Chapter 4, Section 4.30
entitled "Signs-Construction, Maintenance and Permits".
Action: Recommendation to City Council
7. 7:40 P.M. PUBLIC HEARING: To consider a Conditional Use
Permit to move-in a office building upon the property
located at 7700 Highway 101.
Applicant: Northstar Auto Auction
Action: Conditional Use Permit Resolution #520
8. 7:50 P.M. PUBLIC HEARING: To consider the preliminary
plat approval of Prairie Estates, upon the property located
South of 11th Avenue, West of County Road 17 and East of the
Meadows 1st Addition.
Applicant: Jerome & Lawrence Vierling
Action: Recommendation to City Council
9. 8: 00 P.M. PUBLIC HEARING: To consider the rezoning of
The property located on Lots 8-12, Koeper's Addition (South
of 2nd Avenue and East of Adams St. ) and the area
immediately East of Lot 8 extending to the Western line of
Lot 12, Block 175, Original Plat from I-1 to I-2.
Applicant: Fred Thole & Karen DuPont
Action: Recommendation to City Council
10. 8:10 P.M. PUBLIC HEARING• To consider the amending of
the Shakopee City Code, Sections 11.02-11.05, 11.27-11.34,
11.37, 11.60 and 12.07.
Action: Recommendation to City Council
11. Amendment of the City's Comprehensive Plan and MUSA Line to
include area to be annexed into the City
Action: Recommendation to City Council
12. Year End Report
Action: Recommendation to City Council
13. Discussion
a. Private Roadways
b.
14. Other Business
15. Adjourn
Douglas Wise
City Planner
NOTE TO THE PLANNING COMMISSION MEMBERS:
1. If you have any questions or need additional information on
any of the above items, please call Doug Wise on the Monday
or Tuesday prior to the meeting.
2. If you are unable to attend the meeting, please call the
Planning Department prior to the meeting.
PROCEEDINGS OF THE PLANNING COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 28, 1988
Chairwoman VanMaldeghem called the meeting to order at 7:30 p.m.
with Comm. Foudray, Czaja, and Schmitt present. Comm. Forbord
arrived late. Comm. Rockne was absent. Also present were
Douglas Wise, City Planner; Steve Clay, Councilmember; and Dennis
Kraft, Community Development Director.
Schmitt/Czaja moved to approve the agenda as written. Motion
carried unanimously.
Czaja/Foudray moved to approve the minutes of December 3, 1987.
Motion carried with Comm. VanMaldeghem abstaining because of her
absence.
Czaja/Schmitt moved to open the Public Hearing to consider
amendments to the Shakopee City Code Chapter 4 , Section 4.30
entitled "Signs-Construction, Maintenance and Permits. " Motion
carried unanimously.
The City Planner reviewed the amendments that staff has made as
per the Commission's recommendations from their meeting on
January 7th. There was some discussion on utility signs (gas
signs, underground cables, etc. ) The City Planner felt that it
would be considered a Government sign. It was the consensus that
utility signs should be addressed within the sign ordinance as
some of these signs can be quite large. Dennis Kraft said that
signs of 2 square feet or less can be allowed and if the sign
needs to be bigger the utility company would have to gain
approval or get a blanket permit. He said the City will look
into this matter further.
Comm. Schmitt has a concern on page 13, Section 6, he suggested
that it read no sign should exceed 200 square feet.
Schmitt/Czaja moved that regardless of frontage area that no
individual tenant shall be allowed signage exceeding 200 square
feet. Motion carried unanimously.
Chairwoman VanMaldeghem asked if there was anyone from the
audience who wished to address this issue.
Larry Griffith, Valleyfair Representative, said he submitted
language and modifications that he would like to see included in
the ordinance as it relates to Valleyfair. There was some
discussion as to directional signage, versus informational. He
suggested that the City clarify their intent further in regards
to directional signs. Valleyfair has a concern as to the
limitation of size of signs for Commercial Recreation Use.
Tom Brock, Canterbury Downs, has a concern as to internal signs
not being for viewing from outside the facility. He also said he
would like clarification as to what public right-of-way is.
Planning Commission
January 28, 1988
Page 2
Schmitt/Forbord moved to continue public hearing to March 3 ,
1988. Motion carried unanimously.
Schmitt/Czaja moved for a 5 minute recess. Motion carried
unanimously.
The meeting was called back to order at 9:50 p.m.
There was considerable discussion as to whether or not
Certainteed Corporation is required to screen their outdoor
storage area. It was the recollection of the Building Inspector
that they were given an exemption from the screening requirement
at the time of construction. The staff was unable to locate . a
copy of the original Conditional Use Permit. Gary Swenson,
Certainteed Corporation said that if they were to screen their
storage area from the roadways surrounding their plant, a person
could see right over the top of the fence. There was some
discussion as to whether or not vegetation could be used on the
inside of the fence line for screening.
Schmitt/Czaja moved to require Certainteed to screen all outdoor
storage areas constructed since January 31, 1985 as required by
the City Zoning Ordinance and that Certainteed has the legal
right to apply for a variance from the screening requirements for
outdoor storage if they can substantiate a hardship in meeting
those requirements. Motion carried with Comm. Forbord and
Foudray opposed.
Comm. Forbord said he has a concern on setting too many
limitations on the businesses already here and new ones yet to
come. He feels mounding and vegetation would make for a more
desirable screening, and that fencing is not necessarily the
intent of the ordinance.
There was considerable discussion on whether or not the Urban
Redevelopment District that was created has accomplished the
intent for which it was intended. Comm. Schmitt brought up the
possibility of using City resources to generate new employment,
in particular some of the surplus tax increment money available
to the City.
Mr. Jonquist, Fairest Made Foods, said it would be easier for him
to stay in Shakopee where he is now but the current URD
established has set too many limitations for him to expand. His
business is increasing and he needs more space.
Forbord/Schmitt moved to repeal Ordinance No. 215 (URD) which
will cause the property within the district to convert back to
B-1. Motion carried unanimously.
Planning Commission
January 28, 1988
Page 3
Schmitt/Foudray moved to direct staff in the form of the
Community Development Director to prepare a list of alternatives
and options that are available to us under the current
legislation for assisting this particular business. The Planning
Commission is willing to participate in this action and recommend
a plan to the City Council. Motion carried unanimously.
There was some discussion on the grade levels of the streets in
Shakopee. Comm. Forbord would like to see the City take a closer
look at getting a little closer to the 8% grade level as a
maximum requirement or more people will be coming in for
variances. Consensus was to have staff give some direction on
this item.
Foudray/Schmitt moved to set a public hearing for an amendment to
the Ordinance for March 3, 1988. Motion carried unanimously.
Schmitt/Czaja moved that the new appointments for the Planning
Commission be made effective at the meeting immediately
succeeding February 4th, & that the City Council be requested to
advise the appointees that they should be present at the February
4th meeting. Staff will provide packets to the new appointees so
that they may follow the meeting while acting in an audience
capacity. Motion carried unanimously.
Czaja/Schmitt moved to adjourn. Motion carried unanimously.
Meeting adjourned at 11:10 p.m.
Douglas Wise
City Planner
Carol Schultz
Recording Secretary
/3
Note Meeting Time: 5:00 P.M.
TENTATIVE AGENDA
Community Development Commission
City Hall Council Chambers
March 2, 1988
Chrmn. Keane Presiding
1. Call to order at 5:00 P.M.
2. Approval of the minutes - February 3, 1988
3. 1988 CDC Open House - Pat Dawson
4. Scott County Update - Joe Ries
5. Discussion Items: (Verbal)
a. Developers Newsletter - Focus
b. CDC Newsletter - May Issue - Focus
C. Business Person Breakfast - Survey Results
6. Economic Development Update: (Verbal)
a. Valley Mall Project
b.
C.
d.
7. informational Items:
a. Decision Resources LTD
b. School Referendum Support (Verbal)
C. 1989 One Year Work Plan
8. Other Business
a. Next Meeting - Wednesday, April 6, 1988 - 5:00 PM
b.
9. Adjourn
Barry A. Stock
Administrative Assistant
CITY OF SHAKOPEE
Please call Barry or Toni at 445-3650
if you cannot make the meeting.
� y
SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION
City Council Chambers
Shakopee, MN
February 3, 1988
Chairman Keane called the meeting to order at 5:05 P.M. with the
following members present: Al Furrie, Jane DuBois, Jim
Plekkenpol, Don Koopman and Tim Keane. Members absent: Terry
Joos and Bud Berens (Ex-Officio Member) . Also present were:
Barry Stock, Administrative Assistant, Dennis Kraft, Community
Development Director and Virgil Mears, Assistant School
Superintendent.
Furrie/DuBois moved to approve the minutes of the January 6, 1988
meeting as kept. Motion carried unanimously.
Chairman Keane noted that the Commission has been looking at
information regarding the tax rates being applied in Shakopee.
To get a better understanding of how the tax rates were
determined and how Shakopee's taxes compare with other
communities, we have invited Mr. Virgil Mears from the Shakopee
School District to give us an update on the school's financial
position.
Mr. Mears explained to the Committee that the School District is
seeking an excess levy referendum on March 8, 1988. He explained
to the Committee that in 1987 the school mill rate was 72.038
mills. In 1988 the school districts mill rate will be 53 .45
mills. He explained to the Committee how the school district
receives funding from the State. He noted that funding
dispersement to school districts is based on pupil units. Mr.
Mears then went through a list of expense categories for the
Shakopee School District and compared those to other districts in
the Metro area. He noted that Shakopee usually fell somewhere in
the middle. Mr. Mears then gave a brief history of how the State
Aid formulas have been calculated since the 1970's and how
inequitable they have been in relation to Shakopee's position.
Mr. Mears noted that the Shakopee School District had in effect a
5 1/2 mill excess levy for the past six years. During the first
three year period, 5 1/2 mills went onto the tax rolls and 6
mills were switched from the district capital and debt redemption
funds to the general fund for a total of 11 1/2 mills.
During the second three year period the 5 1/2 mills continued to
be levied and the 6 additional mills were picked up by the
district's fund balance. During all of this time the voters paid
only an additional 5 1/2 mills even though the programs were
actually costing the equivalent of 11 1/2 mills.
Mr. Mears noted that the Schdol District no longer has the option
of trade-offs and it does not have a fund balance. Therefore, if
it is to continue the same services currently being provided to
the students of Shakopee it will be necessary to have a total of
19.79 mills in place by 1989-90 school year.
Mr. Mears noted that should the referendum vote fail to pass, the
school district will be forced to cut $600,000 from their current
programs and staffing. Mr. Mears then went through a list of
those programs that will be cut. He then explained that the
school district could try a second referendum in six months.
Should that referendum fail to pass, the situation would be
almost uncontrollable.
Discussion ensued on the amount of the total school budget.
DuBois stated that she felt the Commission should go on record in
support of the school referendum. It was the consensus of the
Committee to recommend to City Council that they support the
proposed referendum.
Mr. Stock reported that the 1988-89 One Year Work Program must be
completed and returned to the Department of Trade and Economic
Development prior to March 31, 1988. This is necessary in order
for the City of Shakopee to maintain Star City designation. Mr.
Stock then briefly reviewed the 1987-88 One Year Work Plan noting
the status of each of the strategies. - - - -
Commissioner Koopman questioned the $93, 000 CDC budget for the
1989 fiscal year. Mr. Stock noted that $66, 000 of that amount
was for the Shakopee Convention and visitors Bureau. (3$
hotel/motel tax) . Chairman Keane suggested that staff work to
have this item removed from the CDC budget and placed in the
general fund for dispersement to the Convention and Visitors
Bureau.
Mr. Stock then went through the list of proposed strategies for
the 1989 fiscal year. Chairman Keane suggested that a strategy
be employed to attract businesses downtown. He suggested that
the City prepare a package deal including site information and
financing assistance that would be adopted by the City Council.
This could then be sent to developers in the form of request for
proposals. He also suggested that the City could prepare request
for proposals that simply direct developers to prime areas in
Shakopee for development. It was the consensus of the Committee
that these two strategies should be included in the 1989 Work
Plan. Mr. Stock noted that in preparing the 1989 Work Plan he
tried to assemble strategies that were obtainable and measurable.
Commissioner DuBois questioned whether or not the Community
Development Commission could become involved in updating the
City's Comprehensive Plan. Chairman Keane stated that he felt
that this fell within the responsibilities of the Community
Development Commission but warned that it was a tremendous amount
of work. He suggested that the City form a Ad Hoc Committee
comprised of two Planning ; Commission members, two Community
Development Commission members, two Council members and other
interested parties to work on the updating of the City's
Comprehensive Plan. Commissioner Furrie stated that he felt the
City's Comprehensive Plan was in need of work. He also stated
that he was concerned that the City of Shakopee would not be
ready for development once the highway projects are completed in
this area. He cited the problems that were experienced in the
City of Eagan. He felt they were not prepared for the
development that occurred following the completion of the Cedar
Avenue Bridge. Discussion ensued.
Furrie/DuBois moved to recommend to City Council that the City
engage in soliciting proposals from consultants to update the
Comprehensive Plan and that Community Development Commission be
allowed to participate in the updating process. Motion carried
unanimously.
Plekkenpol/Koopman then moved to recommend to City Council the
approval of the 1988-89 One Year Work Plan as drafted by the
Committee. Motion carried unanimously.
Chairman Keane questioned whether the remaining items on the
agenda could be carried over until the next meeting. Mr. Stock
recommended that the Committee table the other items on the
agenda and carry them over to the March 2, 1988 meeting.
Koopman/DuBois moved to adjourn the meeting at 7:10 p.m. Motion
carried unanimously.
Barry A. Stock
Recording secretary
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNNESOTA MARCH 1, 1988
Mayor Lebens presiding
13 Roll call at 7:00 P.M.
2] Recess for H.R.A. Meeting
3] Re-convene
4] Liaison Reports from Councilmembers
51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
61 Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
7] Approval of Minutes of Febuary 16th and 22nd, 1988
8] Communications:
a] League of Mn. Cities Policy on Property Tax Reform
b] Application from Donna Roman for appointment to the
Energy and Transportation Committee
C] AMM Bulletin re: Mandated Soil Erosion and Sedimentation
standards
d] James F. Miller, City Manager, City of Minnetonka re:
a property tax proposal
9] Public Hearings: None
10] Boards and Commissions:
Cable Communications Advisory Commission:
a] Request to Eliminate Universal Service
11] Reports from Staff: (Council will take a 10 minute break
around 9:00 P.M. )
a] Shakopee Economic Development 1989 Fiscal Year Work Plan
b] Huber Park Trail Project - Observation Platform
c] Request for a 128 Sq. Ft. Temporary Sign
*d] Proposed Planning & Zoning Enabling Legislation
e] Draft RFP for Shakopee Comp Plan
f] Youth Baseball/Softball Athletic Field Rennovation -
Maintenance Agreement
TENTATIVE AGENDA
March 1, 1988
Page -2-
11] Reports from Staff continued:
g] 1988 Swimming Pool Fees
h] Marschall Rd./CR-16 Signals (Gorman Street)
i] Assessor' s Position
j ] Sewage Pumps - Memorial Park
*k] Used Vehicle Purchase
*11 Police Computer Purchase
m] Approval of Bills in Amount of $120,089.65
*n] Sales and Use Tax Letter Agreement
12] Resolutions and ordinances:
*a] Res. No. 2872 - Amending Electrical Fee Schedule
b] Res. No. 2866 - Appreciation to Jane VanMaldeghem
*c] Res. No. 2867 - Appreciation to Corrine McDonald
d] Ord. No. 241 - Amending the City Code Relating to the
Removal of Snow from Public Sidewalks
13 ] Other Business:
a] Fiscal Disparities Legislative Update by the City
Administrator
b]
c]
14] Recess for Executive Session to discuss Police Department
labor negotiations and litigation involving Murphy's Landing
151 Re-convene
161 Adjourn to Monday, March 7, 1988 at 7:00 P.M. for
continuation of Council/Department Head Review of 1987 Goals
in the Health Education Room at St.Francis Regional Medical
Center
John K. Anderson
City Administrator
NOTE: The March 15th Adjourned Regular Session of the City
Council will be held on Wednesday, March 16, 1988 at
7:00 P.M. in the Council Chambers at City Hall!
TENTATIVE AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting March 1, 1988
Chairman Steven Clay presiding
1. Roll Call at 7: 00 P.M.
2 . Revolving Loan Program
3 . Other Business
4 . Adjourn
Dennis R. Kraft
Executive Director
MEMO TO: Shakopee Housing an'l Redevelopment Authority (HRA)
FROM: Barry A. Stock, Administrative Assistant
RE: Revolving Loan Program
DATE: February 22, 1988
INTRODUCTION•
On February 2, 1988 staff presented the guidelines for the
proposed revolving loan program to the Housing and Redevelopment
Authority for their comments and review. Staff has investigated
the issues and concerns presented by the Commissioners at our
last meeting and is prepared to make a recommendation at this
time.
BACKGROUND:
Much of the physical plant (both public and private) in
Downtown Shakopee is deteriorating and utilization of plant
capacity (private bldgs. and public streets, utilities and
parking lots) remains low. New investment in plant and equipment
is necessary to replace obsolete equipment and curtail further
deterioration. In response to this fact and the ongoing
criticism from the public regarding the physical appearance of
Downtown Shakopee, the Downtown Committee initiated Phase I
correcting poor public facilities and has now drafted a revolving
loan program to encourage redevelopment of private buildings in
the Downtown area for the HRA's review and approval. The goal of
the two programs is to create a positive environment for new
investment in Downtown. (See attachment $1)
The proposed loan program may stimulate private sector
investment by making available reasonably priced financing for
small and medium sized business capital investment projects. The
Downtown Committee believes the low interest financing offered
through the revolving loan program will increase the investors'
rate of return on equity through financial leverage causing the
investor to become more investment oriented. The low interest
financing will also enable investors to reserve their working
capital for growth in receivables and inventory. Conserving
working capital makes the borrower a stronger borrower. Lower
interest financing will also enhance the investors return on
equity by reducing the debt service on long term notes. The
proposed investment option (low interest loan) will encourage the
investor to become more "future oriented" vs. strictly "short
term gain oriented". With long term investment in productive
fixed assets (public and private) , the investor better assures
his/her future competitiveness in the Shakopee market place.
Success of the revolvLig loan program must not rely on
projects that may be a substantial credit risk. Making good
deals is the only way to overcome the credit risk disincentive
that the HRA faces in providing this program. Staff believes
that the local lending institutions interested in participating
in this program have the experience and expertise to insure that
the loans approved through this program will not result in
default (this is not foolproof however) .
Shown in attachment #2 is a list of the concerns that were
raised by the HRA members at our last meeting. You will note
that staff has drafted responses to each of the concerns.
Following is a list of three alternatives that the HRA may
wish to consider at this time.
1. Adopt the revolving loan program as proposed by the Downtown
Committee with minor changes (eg. maximum size of loan) .
Advantages.
1. Approval of the program may stimulate property owners
in the Downtown area to improve their building facades
and correct life safety hazards within their buildings.
2. - The revolving loan program would provide an ongoing
fund to fund redevelopment projects in the Downtown
area.
3 . The revolving loan program as proposed would not place
a significant time burden on existing staff.
4 . In the event of a loan default the City may have the
right of first refusal to acquire the property.
5. The program may enhance property values and promote
quality building stock in downtown Shakopee.
Disadvantages.
1. The HRA would incur some risk in the event of loan
default loans.
2. Direct staff to investigate the development of an interest
write down program and report back to the HRA.
Advantages.
1. The City would incur no risk in this program.
2. The program may stimulate property owners in the
downtown area to improve their building facades and
correct life safety hazards within their buildings.
3. The program would not place an excessive time burden on
existing staff time.
4. The program may enhance property values and insure
quality building stock.
Disadvantages.
1. Once the funds used to write down interest rates are
dispersed, they will not be returned to the City.
3. Adopt a stricter code enforcement policy to insure that
property owners bring their buildings up to code.
Advantages.
1. This type of program would insure that buildings are up
to code and would improve the safety of structures in
the community.
2. This type of program would establish a high standard of
building and property maintenance.
3. This program would "weed out" buildings not suitable
for rehab (even w/loan assistance) and make them
available for demolition and creating a site for new
development.
Disadvantages.
1. In order for the program to be effective it would have
to be adopted on a City wide basis, or rationally
established with sufficient legal standing to focus on
a specific area.
2. Code enforcement programs primarily focus on building
interiors. Adoption of this type of program would do
little to encourage the improvement of exteriors..
3. Property owners who are cited for major code violations
would be unhappy with the City government.
4. Given the conditions of many buildings in the
community, requiring property owners to comply with or
without any City financial assistance may be unpopular
with local residents and business owners.
S. To implement such a program, the City may have to hire
at least one additional building inspector.
6. This program would possibly require Council to engage
in the eminent domain process (condemnation) .
7. Programs rarely work without financial assistance for
affected property owners.
After reviewing the pros and cons of the aforementioned
alternatives, it may be appropriate for the HRA to adopt the
revolving loan program as shown in attachment #1 on a six
month demonstration project basis. Should the HRA pursue
this course of action, staff would recommend that following
the completion of the six month demonstration project, the
program be evaluated to determine if it should be continued,
amended or discontinued.
If the HRA prefers a systematic code enforcement approach
combined with some type of financial assistance program, staff
would recommend that the concept and the initial draft of the
combined programs be reviewed by the Downtown Committee. The
Downtown Committee initially considered and then dropped the idea
for a stricter code enforcement policy.
ALTERNATIVES:
1. Approve the revolving loan program on a six month
demonstration basis and allocate $50,000 from the HRA
reserve fund to initiate the program.
2. Direct staff to do additional research on the interest write
down program and report back to the HRA.
3. Direct staff to further investigate the possibility of
implementing a stricter code enforcement policy and bring
the issue to the attention of the city Council for further
discussion.
4. Combine alternatives #1 and 43.
5. Do nothing.
STAFF RECOMMENDATION:
Staff recommends alternative #1 or #4.
ACTION REOUESTED:
Move to approve the revolving loan program on a six month
demonstration basis and allocate $50,000 from the HRA reserve
fund to initiate the program; or
Move to direct staff and the Downtown Committee to further
investigate the adoption of a stricter code enforcement program
that includes a financial assistance program and bring this issue
back to the HRA for further discussion.
Attachment #2
REVOLVING IRAN PROGRAM QUESTIONS AND ANSWERS
1. How do we screen for credit worthiness?
In the proposed program, the lending institution would be
responsible for determining the credit worthiness of
prospective applicants using their normal loan approval
guidelines. The City would not approve any loans that are
not being approved by the lending institutions. The City
does not have staff trained in this area. Additionally,
business owners shy away from submitting their financial
records to the City for review. An alternative might be for
the City to develop our own loan approval guidelines and
contract with an independent consultant to review program
applications. However, this approach would add additional
costs to the program. Communities the size of Shakopee who
have revolving loan programs rely on the lending
institutions expertise in approving or denying loans.
2. How do we screen for need?
The objective of the proposed program is to stimulate
redevelopment in the downtown area. The program is not
designed to assist persons who may be less well off than
others. Additionally, it is very likely that those persons
who are less well off than others would be a greater credit
risk. In order to insure we are approving loans that can be
repaid, staff is not recommending that the approval of loans
be based on economic need.
3 . Can we get some type of default insurance to guarantee
repayment of the City's participation in the loan?
After investigation, staff has discovered that there is
default insurance available for residential land
acquisitions. However, the local lending institutions in
Shakopee are not aware of any default insurance for
commercial properties. Bank officials also note that if
this type of insurance were available, the cost would be
greater than the benefit that the applicant is receiving
through the City's low interest loan. Options that may be
available to the City to insure repayment would be to
require personal guarantees from the applicants for the loan
repayment or to require the deposit of letters of credit
with the City.
4. Can we spread out the loans to more people?
Yes it is possible to reduce the size of the maximum loan
amount. However, after reviewing programs in other
communities, staff would recommend that the program maximum
loan stay at $50,000. One of the objectives of the
revolving loan program is to encourage redevelopment
projects that are noticeable and those that will have a
substantial impact on the downtown and the community.
5. Can we dictate that program applicants be required to use
local builders?
Staff believes that it would be arbitrary, capricious and
discriminatory to require program applicants to use local
builders. Offering interest credits to persons who use
local builders would also be discriminatory in the opinion
of staff. If Federal or State funds were used to fund this
program it would certainly be illegal. Officials from the
League of Minnesota Cities have suggested that the City
could require program participants to solicit several bids
from local contractors, but the program participants should
not be bound to go with the local contractor. Staff
believes that this is a good approach to insure that local
contractors are given the opportunity to bid on potential
projects.
6. How will the loan funds be dispersed to the applicant?
The revolving loan program will operate in the same manner
as a construction loan. Funds will not be released to
program participants until work vouchers are submitted
verifying that the work is completed.
7. Can the HRA set aside funds for property acquisition?
Currently there is $175, 000 in the HRA reserve fund balance.
The proposed revolving loan program would dedicate $50,000
of the reserve fund to initiate the revolving loan program.
This would leave approximately $125,000 in the reserve fund
balance that could be used for property acquisition and
demolition. Surplus tax increment proceeds could also be
used by the HRA for property acquisition and demolition.
S. Why should the City adopt a program for commercial
properties in the downtown and not residential owners
throughout the City who also need building improvements?
At the present time, staff is aware of two MHFA programs
that offer lower interest loans to qualified home owners who
are in need of interior or exterior home improvements.
Staff is not aware of any State or Federal Programs that
offer funding assistance to commercial property owners
interested in rehabilitating their building exteriors.
Therefore, staff is recommending approval of the revolving
loan program as a device to encourage exterior commercial
building rehabilitation.
9. Why doesn't the City simply adopt stricter code enforcement
policies to insure that properties are brought up to code?
Staff has discovered that both St. Paul and St. Louis Park
have adopted very strict code enforcement policies. Shown
in exhibit A is a brief summary of the St. Louis Park
Program. The St. Louis Park program is enforced on a City
wide basis. The City of Shakopee could choose to adopt this
type of program. However, staff believes this is a separate
issue from the Downtown-Revolving Loan Program. The purpose
of the revolving loan program is to encourage Downtown
property owners to improve the exterior facades of their
buildings. The adoption of a stricter code enforcement
policy would improve the overall public safety, but would do
little if anything to improve exterior facades. However,
staff recognizes that a stricter code enforcement policy
does have some advantages.
The adoption of a code enforcement policy that simply
applies to one area of development (residential, commercial,
industrial) or area is possible but may be very
controversial.
- Exhibit A
CITY OF �OT. LOUIS.PARE
CERTIFICATE OF OCCUPANCY PROGRAM
WHY DOES THE CITY REQUIRE A CERTIFICATE OF OCCUPANCY?
The City of St. Louis Park is vitally interested in maintaining the structural integrity
of existing buildings and improving the relative life safety of all property within the
City. To achieve these goals, the City of St. Louis Park adopted a Certificate of
Occupancy program in 1976.
WHERE DOES THE CODE SAY THAT A CERTIFICATE OF OCCUPANCY IS REQUIRED?
The requirement for the Certificate of Occupancy is in Section 15-212.101 of the St.
Louis Park Ordinance Code and reads as follows:
Section 15-212.101. Certificate of Occupancy, Occupancy Change. No person, co-
partnership, corporation or association shall permit any change in No
of any
land, existing building or structure or portion thereof or any change in ownership of
any land other than vacant land, building or structure until the City has made an
occupancy inspection and issued a Certificate of Occupancy which shall not be issued
until all violations of the St. Louis Park Ordinance Code have been corrected. Single-
or two-family structures shall only be required to be inspected as provided elsewhere
in the St. Louis Park Ordinance Code.
WHAT DOES IT COST TO APPLY FOR A CERTIFICATE OF OCCUPANCY?
Applications for a Certificate of Occupancy must be filed with the Department of
Inspectional Services in City Hall. The application must be accompanied with the
appropriate fee:
Buildings with 3001+ Sq. Ft. of floor area . . . . . . . . . $100
Buildings with less than 3000 Sq. Ft. of floor area . . . . $ 50
Licensed apartment buildings . . . . . . . . . . . . . . . . $ 0
WHAT HAPPENS AFTER I APPLY FOR A CERTIFICATE OF OCCUPANCY?
The Certificate of Occupancy program requires an inspection of the property for which
a Certificate of Occupancy application has been submitted.
An inspection appointment is scheduled at the convenience of the applicant at the
time that the application is submitted.
WHO DOES THE INSPECTION?
The inspection is usually conducted by a team of five to eight inspectors, depending
on the type of use or occupancy. If a specific problem or question arises such as
drainage, access to right-of-way, planned future public improvements, need for special
permit or variance, etc., personnel from other departments may also become involved
in the inspection or in subsequent meetings.
WHAT DO THEY LOOK FOR?
The inspection team will evaluate the building for safe and adequate exit systems,
proper door locking hardware, electrical hazards such as extension cords or overloaded
circuits, plumbing cross connections, adequate ventilation, and general building
maintenance. The site is inspected for compliance with the zoning ordinance including
landscaping, parking lot maintenance and site drainage.
WHAT STANDARDS ARE USED?
The standards used to evaluate existing buildings allow the continuation of the same
type of use as long as the building cor.-lies with the code with applied when it was
constructed unless a significant condition exists which is dangerous to life. The City
has on file all building codes in effect within the City of St. Louis Park since the
first building code was adopted in the early 1930's.
The early codes were limited in scope and did not address such issues as life safety
or exiting; rather, they were primarily construction codes dealing with the structural
integrity of a building. Since 1955 the City has used the most recent edition of the
Uniform Building Code (UBC) as the basis for construction standards. In determining
what corrective action may be necessary, the City uses the following system:
F
VERY OF CURRENT
DE VIOLATION -
DETERMINE CODE CANNOT DETERMINE
IN EFFECT WHEN CODE IN EFFECT
BUILDING WAS BUILT WHEN BUILDING WAS BUILT
YES DETERMINE IF BUILDING
WAS CONSTRUCTED IN NO
VIOLATION OF CODE
COMPLY WITH CODE YES - IS THERE A NO
�— LIFE SAFETY HAZARD
COMPLY WITH NO ACTION
CURRENT CODE
THEN WHAT HAPPENS?
A written inspection report is given to the applicant at the conclusion of the
inspection. Each tpecific code violation which may be found will be listed and must
be corrected.
WHEN DO I GET THE CERTIFICATE OF OCCUPANCY?
When the violations are corrected the applicant must contact the City to schedule a
reinspection. If the property is in compliance at the time of reinspection, the Certificate
Of Occupancy will be issued to the applicant.
HOW LONG DOES IT TAKE? -
The inspection can usually be done within a few days of filing the application. The
entire Certificate of Occupancy process from application through issuance of the
Certificate can normally be accomplished in less than one month. If the proposed use
requires review by the City Council, the process may take from six to eight weeks.
WHERE CAN I GET MORE INFORMATION?
If you have any additional questions, please contact the Department of Inspectional
Services in City Hall Or Dhone 92n-anon. nff...e
Attachment #1
PROGRAM DESCRIPTION AND GUIDELINES FOR CITY OF
SHAKOPEE COMMERCIAL REVOLVING LOAN PROGRAM
FINAL DRAFT - JANUARY 22, 1988
A. INTRODUCTION,
The City of Shakopee's Commercial Revolving Loan Program is
a municipal program administered by the Housing and Redevelopment
Authority in and for the City of Shakopee, designed to provide
incentives for major rehabilitation of existing commercial space
in downtown Shakopee. The Program operates by making available
commercial loans to rehabilitate and preserve existing commercial
buildings at an interest cost to borrowers significantly below
that available through conventional financing. Loans under the
Program will be made through participating local lending
institutions. The City and the Housing and Redevelopment
Authority will reduce the interest rate charged borrowers by
funding direct loans for a portion of the total project cost.
This program only provides financing for a portion of the total
loan and private financing or equity provides the greater share.
Eligibility for loans under the program shall be determined by
the Housing and Redevelopment Authority pursuant to the following
guidelines and restrictions. The credit worthiness of individual
participants in the Program shall be subject to the approval of
the participating lending institutions.
B. ELIGIBLE PARTICIPANTS
1. Any individual, partnership, corporation or other
business entity shall be eligible to make application for loans
under the Program. The applicant need not be the owner of the
premises to be rehabilitated; provided, however, that the owner
of the building shall be required to approve the loan and the
rehabilitation work, and to execute any mortgage on the building
relating thereto.
C. ELIGIBLE PROJECTS
1. Loans will be awarded under the Program for the
rehabilitation of small and medium-sized commercial buildings. A
commercial building shall be any building the primary ground
floor function of which is a retail, service, or office use.
1
2. Buildings qualifying for rehabilitation as small or
medium-sized commercial buildings eligible for loans under the
Program shall have a first floor total area not exceeding 10,000
square feet.
3. To be eligible, the building to be rehabilitated:
a. Must be located within the City of Shakopee
Downtown Development District (see map) ;
b. Must be in conformance with the City's zoning
code;
C. Must comply, after rehabilitation with the City's
Comprehensive Plan and with any approved
development plan for the Downtown Development
District;
d. Must not have been identified for public
acquisition;
e. Must be insured for its full replacement value.
f. Must comply, after rehabilitation with the City's
building and sign design standards.
g. Must follow the normal and customary building
permit process.
4. The City will provide direct loans at an annual
percentage rate of three percent (3$) for loan terms of 5 years
or less and five percent (53) for loan terms between six and ten
years; for up to 50% of the total project cost or $50, 000,
whichever is less. The remaining amount shall be funded by the
borrower himself or a private sector lender.
5. Improvements and expenditures financed under the
Program shall be limited as follows:
a. Rehabilitation loans shall not include
expenditures for the acquisition, installation or
repair of furnishings or trade fixtures.
b. In the case of mixed-use structure, eligible
improvements shall include only those relating to
the commercial portion of the building, the
commercial operation of the building, or
mechanical. or structural repairs relating to the
building as a whole (including but not limited to;
repairs to the building's facade, roof, plumbing,
electrical systems, structural elements, heating
and cooling systems, fire safety systems and
2
insulation as 'approved by City staff) . All work
done must meet City Code.
C. Rehabilitation loans shall be used for the
rehabilitation of existing buildings, and shall
not be used for the construction of new
facilities. However, construction of reasonable
additions to existing buildings which, together
with other rehabilitation improvements, will
enhance commercial use of the building shall
constitute qualifying rehabilitation expenses.
d. The rehabilitation of residential units shall not
be allowed under the Program.
e. Refinancing of existing debt shall not be allowed
under the Program.
f. Loans shall not include expenditures for the
acquisition of property.
g. Building signage will be eligible for funding so
long as it is an integral part of a larger
building facade improvement. Eligible signage
costs shall not exceed 25% of the total project
cost.
D. LOAN REQUIREMENTS AND RESTRICTIONS
1. Applicants must have the financial means to repay the
loan, as determined by the lending institution.
2. The applicant shall provide a mortgage on the building
as security for the loan.
3. The maximum loan amount which any applicant shall be
eligible to borrow from the City for the rehabilitation of any
particular small or medium-sized building shall be the lesser of:
(i) $50,000 or (ii) 50 percent (50%) of the total project cost
for rehabilitation.
4. The minimum loan amount that may be borrowed from the
City shall be $5,000.
5. The maximum term of any loan under the Program shall be
10 years. This is the maximum term allowable; the actual term of
any loan under the Program shall be subject to approval of the
lender based on economic and financial considerations.
3
6. The City shall charge an administrative fee in the
amount of one percent (1$) of the principal amount of the City's
portion of the loan, or $500, whichever is less, with respect to
each loan made pursuant to the Program. This fee shall be paid
by each loan recipient to the City prior to or at the loan
closing.
7 . All costs, expenses, and fees associated with the
Project shall be paid by the applicant. Such costs are eligible
for inclusion in the loan, and include:
a. Cost of materials and labor (provided that
expenditures for labor performed by the owner or
the applicant or the owner's or applicant's
employees shall be eligible only if the major
occupation of the owner or applicant, as the case
may be, is construction or renovation) .
b. Architect's fees.
c. Attorney's fees.
d. Bank charges such as, but not limited to, the
following:
(i) appraisal fees;
(ii) credit reports;
(iii) inspections;
(iv) abstracting and filing fees;
(v) mortgage registration taxes;
(vi) title insurance premiums; _
(vii) service charges.
(viii) consultant fees
(ix) private mortgage insurance (if required)
(x) liability insurance
e. The City's administrative fee.
8. Rehabilitation loans shall not be approved unless the
building is being brought into full compliance with the
provisions of the City Code. The City and/or the Lender will
perform a thorough inspection of the premises to be rehabilitated
prior to the approval of any rehabilitation loan under the
Program.
9. After rehabilitation and prior to retirement of the
loan, the subject property and improvements must remain insured
for its full replacement value.
4
10. Lender agrees to loan for a fixed period of time with
allowances for interest renegotiation at periods to be set by the
lender.
11. Prior to construction the Lender may require the
applicant to submit an insurance binder.
12. The City reserves the right to apply the provisions of
this program in a manner that most effectively serves the best
interests of the community.
E. SELECTION GUIDELINES
1. In approving applications for rehabilitation loans
under the Program, the City shall consider the following factors:
(a) The order in which applications are received.
(b) The availability and affordability of other
governmental programs;
(c) Whether the building is required, pursuant to any
court order, statute or ordinance, to be repaired,
improved or rehabilitated; and
(d) Whether the proposed improvements will result in
conformance with building and zoning codes,
downtown design standards and improvement of the
aesthetic quality of commercial areas.
(e) Buildings of historical significance.
2. The City shall give priority to the following
applications for rehabilitation loans:
(a) An application that retains the character and
integrity of the Downtown Revitalization Plan.
(b) A joint application (two or more contingent
properties) that focuses on exterior facade
improvements.
(c) An application that focuses on exterior facade
improvements.
(d) An application to finance repairs or
rehabilitation which are required pursuant to
court order, statute or ordinance;
(e) An application by an applicant who has been unable
to obtain financing through other means;
5
(f) An application to finance the rehabilitation of a
building which is essential to maintaining the
commercial nature of an area.
F. REVOLVING IRAN FUND
All proceeds made available from the revolving loan fund
shall be repaid to the fund as it is collected for the continued
future use of similar programs.
6
Attachment kl Cont.
CITY OF SHAKOPEE
REVOLVING LOAN PROCEDURES
JANUARY 22, 1988
STEP ONE
Potential loan applicant contacts City. Applicant is
directed to contact:
Housing and Redevelopment Authority in
and for the City of Shakopee, Minnesota
Attn: Executive Director
City Hall
129 East First Avenue
Shakopee, Minnesota 55379
The HRA should forward the following to the applicant: 1. A copy
of the Program Guidelines, 2. A list of participating lenders
("Lenders") and the appropriate contact persons at each Lender.
Lenders shall have primary responsibility for the processing of
applications for loans under the Program and 3. A copy of the
Revolving Loan Program Loan Application.
STEP TWO
The potential Applicant contacts a Lender. At the initial
meeting with the Applicant, the Lender should take the following
actions:
A. Have the applicant complete the Revolving Loan Program
Application for the Program.
B. Review the Program restrictions with the Applicant to
determine eligibility of the building and the proposed
improvements under the Program.
C. Determine if Applicant can provide a mortgage on the
property to be rehabilitated to secure the loan. All mortgages
must be executed by the fee owner of the property. If the
Applicant is not the fee owner, written agreement of the fee
owner to execute the mortgage should be obtained prior to any
- other action on the loan application.
D. Review estimated costs Applicant will incur to obtain
the loan:
Bond Counsel Fee (If Applicable)
City of Shakopee Administrative Fee
Lender's Loan Fee
*Note: Step Two and Step Three may occur simultaneously.
7
Title Insurance Cost (Mortgagees Policy)
Consultant Fees
Recording Fees (Mortgage, Bond Documents)
Charge for Lender's Credit Report
Appraisal Fees
Mortage Insurance
Liability Insurance j
Other Related Costs
These costs will be eligible for inclusion in the loan.
E. Advise Applicant that if the Housing and Redevelopment
Authority (HRA) should give preliminary approval to the Loan
. Application, an inspection by the City and/or the Lender, a City
Code Compliance Report, and an M.A.I. appraisal will be
necessary.
STEP THREE
If, after completion of Step 2, the Applicant desires to
proceed with the Loan Application, the Lender should take the
following additional steps:
A. Have the Applicant complete the Lender's loan
application.
B. Have the Applicant prepare a detailed list of proposed
improvements and estimated costs for each; plans should also be
provided if they have been drawn.
C. Applicant's Revolving Loan Program Application, and
- preliminary design plans and specifications, should be forwarded
to the HRA for approval, Attention: BRA Executive Director.
D. Applicant shall not to begin construction of the
proposed improvements prior to final approval of the loan by the
BRA. Improvements commenced prior to final loan approval by the
HRA shall not be eligible to be financed with loan proceeds.
STEP FOUR
_ A. The BRA reviews the applicants Revolving Loan Program
Application and supporting documents and gives its preliminary
approval to the loan.
B. The Applicant prepares and submits personal and
business financial statements to the Lender. (If the Applicant
decides to fund 508 of the loan amount without the lenders
assistance, personal and business financial statements shall be
submitted to an -independent accounting firm specified by the
City. The accounting firm will perform a credit report on the
applicant and report his/her findings to the HRA. )
8
C. The Lender performs a credit report on the bpplicant
and gives its preliminary approval to the loan.
STEP FIVE
A. The Lender instructs the Applicant to obtain: (i) an
M.A.I. appraisal of the property to be rehabilitated (List of
certified M.A.I. appraisors may be provided by the Lender) ; (ii)
an inspection and City Code Compliance Report from the City; and
(iii) At least two written proposals on all improvements to be
financed from the loan.
B. The Lender gives its final approval to the loan.
C. The Lender forwards the appraisal, the Code Compliance
Report, the firm bids, the credit report, and notification of its
final approval to the BRA, Attention: HRA Executive Director.
D. The HRA gives it final approval to the loan.
STEP SIX
A. Lender, Applicant, and HRA determine closing date.
B. After closing date is set, mortgage is filed prior to
closing. A certificate of filing of the mortgage must be
obtained for closing.
STEP SEVEN
A. Lender notifies Applicant that rehabilitation work may
now begin.
B. Lender obtains abstract or proof of title to the
property from Applicant and applies for title insurance binder.
STEP EIGHT
The Closinc
A. The City's administrative fee shall be payable at this _
time.
B. Lender will receive assignment of the mortgage and the
promissory note and assignment of the promissory note from the
HRA or City, as applicable. _
C. Bank should obtain a certificate of hazard insurance
from the Applicant in an amount determined by the Lending
Institution.
9
STEP NINE
A. Net proceeds of the loan will be deposited in an escrow
account at the Lender, with the Lender acting as Trustee. Lender
will disburse from this account pursuant to a Loan Disbursement
and Escrow Agreement executed by and between the Lender, the
applicant, and the HRA. (Disbursement forms to be provided by
the Lending Institution) .
B. Upon completion of improvements financed by the loan,
Lender will forward sworn construction statement and lien waivers
to title insurance company and obtain final title policy.
C. Any funds remaining in the escrow account after
completion of all improvements to be financed from the loan will
be applied to the loan balance, first to interest and then to
principal.
10
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 16, 1988
Mayor Lebens called the meeting to order at 7: 15 P.M. with Cncl.
Clay, Scott, Zak and Wampach present. Also present were John K.
Anderson, City Administrator; Dennis Kraft, Community Development
Director; Judith S. Cox, City Clerk; Douglas Wise City Planner
and Julius Collar, II, City Attorney. Councilwoman Vierling was
absent.
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.
Clay/Zak moved to approve the consent business.
Roll Call: Ayes: Unanimous
Noes: None
Motion Carried
Clay/Zak moved to approve the minutes of the January 26, 1988.
(Approved under consent business) .
Mr. James Terwedo, Scott County Attorney stated that he came
before the Council to let them know that he was available for any
questions that the Council or any other governmental bodies may
have. He updated the Council on items that the City Attorney's
office have been involved with. There was a general discussion
by Council and Mr. Terwedo. Councilmember Zak briefly commented
on community involvement.
City Administrator John Anderson commented on a letter that was
received by Elliott Perovich Chairman of the Regional Transit
Board. Anderson stated that the reason for this discussion was
to find out if there were any Councilmembers interested in being
on this committee. His recommendation was to appoint Barry Stock
to this committee if no one else was interested.
Clay/Wampach to submit Barry Stock as a representative to the
Chairman's Advisory Committee to the Regional Transit Board.
Motion carried unanimously. -
- Clay/Zak moved to acknowledge a communication from Glenn Olson,
Commissioner, Metropolitan Transit Commission regarding a report
on MTC's work activity during his service on the Board.
(Approved under consent business) .
Dennis Kraft commented on the 1988-1989 One Year Work Plan for
the Community Development Commission.
Clay/Zak moved to request staff to incorporate the following
changes into the 1988-89 One Year Work Plan for the Community
City Council
February 16, 1988
Page 2
Development Commission, changes being; investigation of having a
branch of the University of Minnesota classes located in
Shakopee, Proactive Development Strike Team be established to
seek new development in the City and that a comprehensive review
and update of Shakopee's zoning ordinance and the City's
Comprehensive Plan be undertaken. Motion carried unanimously.
Zak/Wampach moved to request staff to incorporate any suggestions
made by the Council for inclusion into the 1988-89 Community
Development Commission One Year Work Plan and bring it back to
Council for final approval at the March 1, 1988 meeting. Motion
carried unanimously.
Dennis Eraft addressed the School District #720 Excess Levy
Referendum.
Wampach/Zak moved to do nothing as a body endorsing the School
District Excess Levy Referendum.
Roll Call: Ayes: Wampach, Zak, Scott, Lebens
Noes: Clay
Motion carried.
Clay/Zak moved to approve the Dial-A-Ride Fare Increase as
follows; to increase the advanced notice request categories to
less than a 24 hour notice and more than a 24 hour notice and
increase fares $.25 across the board for calls with more than a
24 hour notice. Additionally, increase fares $.50 for Adults and
Students who call in with less than a 24 hour notice and $.25
for Seniors and Children under six who call in with less than a
24 hour notice and that it be effective March 1, 1988.
(Approved under consent business) .
Clay/Zak moved to select Van Pool Services Inc. as the van pool
provider and authorize the appropriate City officials to enter
into a two year, with a third year renewable option agreement
with Van Pool Services Inc. (Approved under consent business) .
The City Planner reviewed the Preliminary Plat for Meadowbrook
Run. The development will include 8 lots ranging in size from
3.1 acres to 17.6 acres. The development is located south of
County Road 16 and East of Pike Lake Trail. The Planning
Commission at their February 4, 1988 meeting recommended the
approval of the preliminary plat for Meadowbrook Run subject to
the following conditions:
Approval of the title opinion by the City Attorney
Execution of a Developers Agreement for the required
improvements. That a cash payment shall be made in lieu
of land dedication for park purposes.
City Council
February 16, 1988
Page 3
Access to CSAH #16 shall be limited to one access each for
Lots 1 and 2. Accesses shall be a minimum of 300' apart.
Driveways shall be constructed so as to allow for a turn
around to prevent backing onto CSAR #16. Access permits to
CSAH #16 shall be secured from the County Hwy Department.
Lots 3 -8 will each be allowed one access onto Pike Lake
Trail. Each access must be a minimum of 300' apart.
The following changes or additions shall be made to the
preliminary plat prior to submission of the final plat.
A key map shall be submitted showing the location of
the tract and property for a least 600' adjacent. A
description of all easements shall be shown on the
plat. Easements around the parameter of lots shall be
10' in width. The developer shall dedicated a 20'
drainage and utility easement along lot lines abutting
CSAH #16. The developer shall provide an easement for
drainage purposes through Lot 7. Said easement shall
be a minimum of 20' in width.
The developer shall provide a utility easement, 30' in
width, to be located 15' on each side of the East-West lot
line dividing Lots 4 and 5, and proceeding due East to the
Eastern most property line of the plat.
There was a general discussion by Council and Staff.
Wampach/Scott moved to approve the preliminary plat for
Meadowbrook Run subject to the above listed conditions. Motion
carried unanimously.
The City Planner then reviewed the Final Plat of Horizon Heights
4th Addition lying east of Muhlenhardt Road and South of County
Road 16. He stated that Mr. Muhlenhardt submitted a final plat
for Horizon Heights 4th Addition. The first phase will contain
12 lots with 10 of the lots being approximately 2.5 acres and 2
lots approximately 10 acres. The Council had previously given
approval to the preliminary plat on June 22, 1987. The Planning
Commission- took the following action at the February 4, 1988
meeting; approval of the final plat for Horizon Heights 4th
Addition subject to the following conditions:
All street grades must conform to the 6 1/2$ maximum, with
intersection grades to be as required by City Engineer.
The developer must petition for the upgrading of Muhlenhardt
Road. The intersection of Muhlenhardt Road and CSAH #21
must be changed to provide a 90 degree intersection and
City Council
February 16, 1988
Page 4
direct alignment with the future Sun Rise Lane (to be
platted with future addition) .
Lots 1, 7 and 8, Block 1 and Lot 1, Block 2 will not be
allowed direct access onto CSAH $21.
Execution of a developers agreement for construction of
required improvements consisting of the following:
Street lighting to be installed in accordance with
requirements of the R.E.A. Street lights shall be
provided at all intersections and cul-de-sac ends.
Local streets and street signs shall be constructed in
accordance with the requirements and design criteria of
the City of Shakopee.
Payment in lieu of land dedication for park purposes is
required.
Approval of the title opinion by the City Attorney.
All lots must be 2.5. acres minimum in size.
No variances shall be granted for septic systems.
The City Planner stated that the Planning Commission recommends
to the developer removal of the flag areas contained in Lot 11,
Block 1 and that these areas to be incorporated into adjoining
parcels. There was a general discussion by Council and Staff.
Mr. Greg Struve a Representative for the developer briefly
commented.
Wampach/Zak offered Resolution No. 2869, A Resolution Approving
the Final Plat of Horizon Heights 4th Addition, and moved its
adoption.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Clay/Zak moved to receive and file the letter from Verona
Blasing, dated February 7, 1988, re: Mankato Waste Processing
Facility. (Approved under consent business) .
Clay/Zak moved to authorize Westside Equip. Co. of Medina,
Minnesota, to replace the mechanic's hydraulic hoist as quoted
for $12,946.00 plus rock excavation (not to exceed $5,395.00) .
(Approved under consent business) .
City Council
February 16, 1988
Page 5
Clay/Zak moved to authorize the police department to participate
in the American Cancer Society Jail and Bail Program. (Approved
under the consent business) .
The Community Development Director commented on the update of the
Shakopee Comprehensive Plan. The plan is outdated. Many events
have occurred in the community which clearly indicated that an
amendment of the plan should take place. Changes in the City
have taken place since 1981 for example the construction of
Canterbury Downs the enlargement of Valleyfair, population
increase and more. Dennis Kraft spoke in detail of the many
changes that have occurred within the City. It is estimated that
the amendment of the plan should cost $25,000 to $35,000. This
amount is not included in the adopted 1988 budget. Sources of
funding include contingencies which have a $100,000 balance, the
fund balance of the General Fund or the utilization of an
interest free loan from the Metropolitan Council. The interest
free loan would have a three year payback period and allow us to
budget for the repayment beginning in 1989.
The alternatives for this item are to endorse the concept of
amending the comprehensive plan at this time and direct the staff
to prepare an RFP and advertise for hiring a consultant. Amend
only segments of the Comprehensive Plan. Or to do nothing at
this time. Council and Staff discussed the alternatives to the
amending of the current Comprehensive Plan.
Wampach/Clay moved to endorse the concept of preparing a complete
update of the Shakopee Comprehensive Plan, and direct the
appropriate City Officials to prepare a Request for Proposal
(RFP) and advertise for the hiring of a planning consultant to
assist in this endeavor, and to approve the submission of an
application for an interest free loan from the Metropolitan
Council. Motion carried unanimously.
The City Clerk then addressed the liability insurance for the
Save O'Dowd Lakes Chair Association Aerators. The insurance
coverage held by the Save O'Dowd Lakes Chain Association for the
aerators on O'Dowd Lake does not meet the city requirements. The
Association is requesting that the City change its requirements.
Bob Buranen from the Association has advised the City of the high
cost for insurance that they have paid thus far and that he would
like the Council to consider changing their requirements in light
of recent legislation. In recent years the amount has been
raised to $200,000/person and $600,000/incident, their current
coverage is $500,000. To. add the city as an additional insured
would cost $88.58 plus another $116.40 to increase the coverage.
She further stated that Mr. Buranen was present for any
additional comments or questions.
City Council
February 16, 1988
Page 6
Clay/Wampach to authorize payment of $204.98 towards general
liability insurance for the Save O'Dowd Lakes Chain Association
to add the City as an additional insured and increase the
coverage to $200,000/$600, 000.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Councilmember Wampach asked about the flagging of the aerators.
Mr. Buranen commented on this. He stated that the DNR regulates
the signage and that they check the area everyday for any signs
that might be down or any other problems that might occur.
Clay/Wampach moved to direct the City Attorney to request an
opinion from the Attorney General on the City's liability for the
operation of aerators by a non profit organization leasing
property from the City. Motion carried unanimously.
The Community Development Director stated that Mr. Jim O'Meara
served as the City's and the HRA's bond counsel for several
years. He recently has left the position and as a consequence of
this the City would have to decide to send out request for
proposals with the intent of hiring bond counsel to represent the
City and the BRA on various general obligation and tax increment
bond related matters. The City would request proposal - review
written proposals and credentials of various law firms and make a
recommendation to the City Council so that a firm can be hired to
perform bond related legal services for the City.
Wampach/Clay moved to direct the City Administrator to form a
Committee composed of Rod Krass, Bob Pulsher, Gregg Voxland, and
Dennis Kraft for the purpose of reviewing written proposals and
credentials of various law firms and making a recommendation to
the City Council so that a firm can be hired to perform bond
related legal services for the City.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Clay/Scott moved for a 10 minute recess at 8:50 p.m. Motion
carried unanimously.
Clay/Scott moved to reconvene. Motion carried unanimously.
Clay/Scott moved to open the public hearing determining and
setting the penalty to be imposed on the Pullman for violations
of the State Law. Motion carried unanimously.
7
City Council
February 16, 1988
Page 7
The City Attorney requested that the notice of public hearing be
filed. He then presented copies of bills from the City and the
State of Minnesota - Office of Administrative Hearings for the
amount of $1048.80, Cost and expenses of Police surveillance
operation for the amount of $400.00, and the cost and expenses of
special City Attorney's services for the amount of $775.00 for a
total of $2223.80, he requested that they also become part of the
file.
The record will show that appearing for the City is Julius
Coller, City Attorney and Tom Brownell, Chief of Police.
Appearing for the Pullman's Club were Pat Leavitt; Attorney, Dan
Colich; Owner, Einar Ottland, Bev Gratz, Dan Hennes and Crystal
Freese.
The City Attorney then briefed all parties on the present status
of the procedure. He stated that the recommendations of Judge
Reba was 14 days suspension or a $1000.00 fine. He also stated
that the nature and extent of the penalty would be up to the
Council. The Council, per State Statutes could impose the fine
of up to $2000.00 or suspend the license on both establishments
for not more than 60 days and the City Code permits revocation of
the licenses. The Council had to also determine whether all or
part of the expenses incurred as a result of the violations are
to be assessed against the Pullman Club. He then suggested to
Mayor Lebens that the Representatives of the Pullman's be called
upon for any input they desired to be heard in behalf of the
Pullman.
Mayor Lebens asked Mr. Pat Leavitt if he, his client or anyone
else would like to comment. Mr. Dan (Dewey) Colich, Owner of the
Pullman admitted that he was wrong, but that he did not take or
have anything to do with the missing money. He further commented
on his behalf. He closed his statements with asking that the
Council reconsider the time of closing because of his employees
being without work. Einar Ottland then commented. He stated
that Dewey had sold pulltabs for the softball teams for the
benefits of the softball teams. Bev Gratz stated that she is no
longer an employee for the Pullman Club. She also stated that
out of the 15 years that she worked for Dewey she never saw him
do anything illegal. Dan Hennes stated that he was their on his
own behalf and that he has known Dewey for years. He stated that
without people like Dewey the Shakopee Recreational Softball
league would not amount to much. Crystal Freese stated that she
is a bartender for the Pullman's Club and she could not afford to
be out of a job. Dewey has helped her out many times.
Mr. Pat Leavitt, Attorney then commented on the many
contributions that Dewey has given to the community. He stated
that he realized that Dewey was wrong for not having two separate
City Council
February 16, 1988
Page 8
licenses for the sale of pulltabs (Hockey and Softball) . He then
read from the transcript of the court sentencing. He stated that
he spoke with the Liquor Commission and that the normal
suspension of Liquor Licenses was 5 days. He also referred to
newspaper clippings of other establishments that had violated the
law. He stated that his recommendation would be a closing of 4-5
days.
Mr. Coller then asked Mr Leavitt about the quotes from the
transcript, what Mr. Colich was charged with. Mr. Leavitt stated
that there were 4 counts that Mr. Colich was charged with and
that he had pled guilty to 3 of the 4.
Councilmember Scott asked what the charges were. Mr. Leavitt
stated that they were involving pulltabs.
Police Chief Tom Brownell stated that he had no comments at this
time but would answer any questions that anyone might have.
Councilmember Scott asked if there had been any other complaints
regarding pull tabs prior to this incident. Mr. Brownell stated
that there had been. He then reviewed the previous complaints.
Cool. Scott asked how much was determined to be missing from the
Hockey Association. Mr. Brownell stated that the figure was the
amount reported by the Hockey Association and was $14, 176. 00 over
the period of time that the license was at the Pullman. The
State also keeps records. He also stated that this figure is as
of August 1987.
Each Councilmember then commented on the penalty and the
violations of the Pullman.
Scott/Zak moved to take the license for 30 days with a 30
probation period in lieu of 60 days and to recoup the City's
monies of 2223.80.
Roll Call: Ayes: Zak, Scott
Noes: Wampach, Clay, Lebens
Motion failed.
Mayor Lebens stated that one member of the Council was absent
tonight and that she had spoke with her prior to leaving town and
that she (Vierling) would prefer the 2 week suspension and
anything else would be to long.
There was further discussion by Council.
Zak/Scott moved to, because of the violation of the pull tab
ordinance of the charitable gambling act, recommend 14 days
suspension of doing business, full restitution of the $2223.80,
and 60 days probation with spot checks by the Police Department
to insure of no new violations and that this be effective as of
City Council
February 16, 1988
Page 9
March 1, 1988 1:00 a.m. through March 14, 1988 12:00 p.m.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Clay/Zak moved for a 5 minute recess at 10:20 P.M. Motion carried
unanimously.
Clay/Zak moved to reconvene. Motion carried unanimously.
The City Attorney then read Resolution No. 2871, A Resolution
Fixing and Assessing Costs in the Matter of the Violation of
State Law by the Pullman Club.
Wampach/Clay offered Resolution No. 2871, A Resolution Fixing
and Assessing Costs in the Matter of the Violation of State Law
by the Pullman Club, and moved its adoption.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Zak/Wampach moved to close the public hearing of the Pullman Club
violations. Motion carried unanimously.
The Community Development Director then spoke of the parcel of
property which is located immediately west of the Minnesota
Valley Mall and the Hwy. #,101 bypass in Shakopee that the City
owns. It was his recommendation to take the necessary steps to
sell the excess property.
Wampach/Zak moved to authorize the City Administrator to take the
necessary steps to sell the excess property acquired for the
Highway 169 By-Pass and located West of the Minnesota Valley Mall
and Lots 3 6 4 in Block 52 of the City of Shakopee. Motion
carried unanimously.
The City Administrator discussed the Watershed Boundary changes.
Scott/Zak moved to endorse the change in boundaries between the
Lower Minnesota Watershed District, Credit River Water Management
Organization, Prior Lake-Spring Lake Watershed District and
Shakopee Basin Water Management Organization as proposed (Doc No
CC-151) . Motion carried unanimously.
Clay/Wampach moved to approve Change Order No. 5 with an increase
of $3200.00 to the Downtown Streetscape Project No. 1987-2.
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
City Council
February 16, 1988
Page 10
Zak/Wampach moved to approved Partial Estimate voucher No. 3 with
payment of $4141.64 to Eagan McKay Electrical Contractors Inc. ,
7100 Medicine Lake Road, Minneapolis, MN 55427 (87-1
Intersection Improvements) .
Roll Call: Ayes: Unanimous
Noes: None
Motion carried.
Clay/Zak authorized payment of partial Estimate No. 4 for
Heritage Place Improvements, Project No. 1987-14, in the amount
of $2402.83 to Widmer Inc. box 219, St Bonifacius MN 55735.
(Approved under consent business) .
Clay/Zak directed the appropriate City Officials to contact
State Legislators in support of the Transportation Finance
Commission's recommendation for a three cent increase in the
gasoline tax and a 30% increase in the share of the Motor Vehicle
Excise Tax (MVET) revenues spent on highways. (Approved under
consent business) .
Zak/Wampach moved to approve payment of bills in the amount of
$823,554.87.
Roll Call: Ayes: Unanimously
Noes: none
Motion carried.
Clay/Zak moved to approve the abatement of special assessment,
code 65 in the amount of $16,440.92 for pay 1988 balance,
$1,826.88 for 1988 pay interest and $1,977.79 for 1988pay
principal due to duplicate listing. (Approved under consent
business) .
Clay/Zak authorized staff to enter into an employment agreement
with Jakki K. Menk, for Recording Secretary services at the
hourly pay rate of $7.50 effective February 9, 1988. (Approved
under consent business) .
The City Administrator stated that at the December 8, 1987
meeting, the Council accepted the resignation of City Engineer
Ken Ashfeld and authorized City Staff to recruit, screen and
recommend a person to be hired to fill the vacancy.
Wampach/Zak moved to approve the employment of David Hutton as
City Engineer effective March 21, 1988 at the salary of $34,984
per year which is Step 2 in the pay plan and is based upon a 1-
1/2 year service credit and provide a maximum moving expense
reimbursement of $1800.00 if he moves to a residence within the
City of Shakopee corporate limits within six months.
City Council
February 16, 1988
Page 11
Roll Call: Ayes: Unanimously
Noes: None
Motion carried.
The City Administrator commented on communication with
litigants/developers. Council discussed this in detail. It was
the consensus of the Council to leave it to the best judgement of
each Councilmember, Planning Commission Member and Staff persons
to determine how far they wish to go in discussing development
and/or litigated issues with both opponents and proponents of a
-- --- proposal. This alternative would put the full weight of
responsibility on each individual. Staff was instructed to
notify (remind) council members when an issue involved
litigation.
The City Administrator commented On the reduction in the pari
mutual tax. He reviewed Resolution No. 2868, A Resolution Urging
the Minnesota State Legislature to reduce the Pari-Mutual Tax.
There were changes made to the resolution.
Changes made to the resolution are as follows: 4th paragraph is
to read; WHEREAS, in 1987, Canterbury Downs paid $2,254,000 in
property taxes to the Shakopee HRA for retiring of the Tax
Increment Financing Bond.
Wampach/Clay moved to offer and adopt Resolution No. 2868, A
Resolution Urging the Minnesota State Legislature to Reduce the
Pari-Mutual Tax with the corrections as discussed by Council and
Staff.
Roll Call: Ayes: Wampach, Zak, Clay, Lebens
Noes: Scott
Motion carried.
Wampach/Zak moved to approve the abatement as prepared by Scott
County Assessors Office for parcel 27-098003-0 in order to
reinstate green acres status. Motion carried unanimously.
Clay/Zak to adopt Resolution No 2870, A Resolution Accepting Work
on the Parks Improvement Project, Contract No. 1987-8 and to
approve final payment to H.L. Johnson, 2392 Pioneer Trail, Hamel,
MN 55343 in the amount of $200. 00. (Approved under consent
business)
Wampach/Clay offered Ordinance No. 240, Fourth Series, An
Ordinance of the City of Shakopee Minnesota, Amending Shakopee
City Code Chapter 3 entitled "Municipal and Public Utilities
Rules and Regulations, Franchises and Rates" by adding and
Additional Exception to Subdivision 5, Section 3.42 thereof and
by Adopting by Reference Shakopee City Code Chapter 1 and Section
3.99, which among other things, contains Penalty Provisions, and
moved its adoption. Motion carried unanimously.
City Council
February 16, 1988
Page 12
Wampach/Scott moved to send back the check from Malkerson Motors
for the splitting of the difference in the purchase of land from
the City. (Lot A 6 W20' of Lot B, Block 30, E.S.P. ) , Motion
carried unanimously.
The City Administrator then commented on the Fiscal Disparities
Legislative Update.
Wampach/Clay moved to adjourn to Monday, February 22, 1988 at
7:15 p.m. Motion carried unanimously.
11:45 p.m. Meeting adjourned at
Judith S. Cox
City Clerk
Jakki Menk
Recording Secretary
CCFEB16
i
11
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 22, 1988
Mayor Lebens called the meeting to order at 7:25 P.M. in the
Health Education Room at St. Francis Regional Medical Center with
Councilmembers Wampach, Clay, Vierling, Scott and Zak present.
Also present were: Leroy Houser, Building Official; Gregg
Voxland, Finance Director; Judith S. Cox, City Clerk; Tom
Brownell, Police Chief; Jim Kankanen, Public Works Supt. ; Ray
Ruuska, Engineering Coordinator; George Muenchow, Community
Recreation Director; Dennis Kraft, Community Development
Director; Julius A. Coller II, City Attorney; John Anderson,
City Administrator; and Joe Ries, Fire Chief.
The City Administrator reviewed the ten suburban residential
attitude trends that a Minneapolis firm has found while doing
surveys for half a dozen metropolitan area suburbs. He explained
that the survey might be useful in goal setting for the City of
Shakopee.
The City Administrator then went through the 1987 Strategic Plan
item by item. Discussion was held on a number of the items: the
use of tax increment financing, the federal allocation of $32
million for the County Road 18 bridge, reimbursement to Council-
members and staff for membership to local organizations, the need
for sanitary sewer on the East end of Hwy 101, the need to review
the condemnation policy, the effect of comparable worth on the
employees, among other things.
After going through the 1987 Strategic Plan additional items were
mentioned for consideration. Mayor Lebens brought up the
following: 1) taking a look at the city having its own assessor
versus contracting with the county, 2) are we spending too much
money with Krass & Monroe versus sending more to the City
Attorney, 3 ) are we spending too much money with the Shakopee
Valley News - can we shorten the minutes which are published, 4)
dismissing the Ad Hoc Downtown Committee - have they accomplished
what was set forth in their mission statement, 5) a temporary
alternative to upgrading the Holmes Street bridge, and 6) a new
city hall.
Councilman Scott suggested that we take a look at 1) the park
dedication fees - how do they compare with those of other
cities, 2) are we hiring too many consultants, and 3 ) using the
10 cent tax on tickets from Canterbury Downs for police and fire
services.
Mr. Muenchow pointed out that recreational programs and
facilities are becoming important to the general public and that
they should be included in the city' s goals.
City Council
February 22, 1988
Page -2-
There was consensus to meet again to discuss additional items not
on the 1987 Strategic Plan. The next meeting to review and
update the 1987 Strategic Plan for 1988 will be held on March 7,
1988, at 7:00 P.M.
The Community Development Director explained that the Scott
County Historical society had appealed the Council's taking back
the Murphy' s Landing property and that the Asst. City Attorney,
Mr. Krass, recommends that the City follow-up with appropriate
action at this time. Councilmembers concurred.
Vierling/Lebens moved to adjourn. Motion carried unanimously.
Meeting adjourned at 10: 38 P.M.
Judith S. Cox
City Clerk
Recording Secretary
8 a�
Week in Review W-1
LMC BOARD OF DIRECTORS ADOPTS POLICY ON PROPERTY TAX REFORM
The LMC Board of Directors adopted nine of eleven property tax reform principles
recommended by the LMC Revenue Sources Committee. The statement of nine principles
accepted by the board are as follows.
The League of Minnesota Cities supports:
1. A property tax system with ten classifications or less.
2. A property tax statement that discloses local taxing district levies, state paid relief,
and the amount of the homestead relief.
3. State aid to local governments which is tied to increases and and decreases in the
state's general revenues.
4. Changes to the payable 1989 property tax laws.
5. Providing commercial and industrial property tax relief.
6. Relief to high-valued homestead properties.
7. An additional $100 million in state funds to facilitate property tax reform.
8. A system that improves equalization for the city, county, school district and for the
individual property taxpayers within the parameters of the other League principles.
9. Continuation of an income adjusted circuit breaker and renters' credit program.
The board could not reach agreement on two principles and sent them back to the
Revenue Sources Committee for further discussion and deliberation. Those two principles
are:
The League supports:
1. Maintaining a true homestead credit program and a local government aid program as
two separate programs.
2. A classification structure which does not artificially increase the property value dis-
parity between high and low value communities. _
The Board of Directors will hold a special meeting on March 3 to try to resolve policy
in these areas.
W-2 Week in Review
COMMENTS OF SENATOR ROGER MOE AT LEGISLATIVE CONFERENCE
Senator Roger Moe (Senate Majority Leader, DFL Erskine) spoke at the League's
Legislative Conference on February 16 and addressed some particularly controversial
issues. The following are excerpts from his speech.
Governor's Budget
"The budget recently proposed by the Governor creates a real predicament for the
Legislature....His goals are also our goals....It's just that our priorities for 1988 differ.
While the governor's proposal reflects long-term goals, we think that there are some
immediate needs that must be met first.
"What he [the governor] failed to propose...
` nothing to restore the renters' credit and circuit breaker cuts;
• nothing for transportation and highways;
' nothing for enrollment overburdens at the community colleges and state universities;
' nothing for adjusting the nursing home reimbursement formula;
• nothing for the Indian treaty negotiated by the Department of Natural Resources;
and
' nothing for agricultural initiatives."
Transportation
"The governor does mention transportation as sort of an 'option'....Yet, he fails to provide
any money for it. Given the crucial role that highways play in economic development,
that omission is really the most difficult to understand. We have left transportation fund-
ing unattended for the last two years; it simply can't be put off any longer."
Budget Reserve and Greater Minnesota Corporation
"With one-half of the budget cycle behind us, I think we can get by with a $300 million
reserve, rather than $345 million....And, given that the Greater Minnesota Corporation
is in its first year of operation, it doesn't need the $100 million it now has; about $20
million should do it"
Lottery
"The lynchpin for negotiation [with the governor] is the lottery. We'll probably have to
agree to dedicate part of the proceeds to the Greater Minnesota Corporation so that it
will have a stable source of funding until it becomes self-sufficient. Another portion of �1
the lottery proceeds will likely go to a new environment and natural resources trust fund."
- ® APPLICATION FOR COIINCiL ADVISORY 3OARDS ANO/OR COM.£1=0 V b
City of Shakopee (,
129 East First Avenue FEB
Shakopee, !^.innesota 55379
cmr of sHA7mrt=—
We welcome you as a possible applicant for one- of our City Boards
and/or Commissions.
-What .are the qualifications for serving on these advisory Boards
and Commissions? You must be a resident of Shakopee, except where non
residency is permitted by Council resolution, and more importantly, you
must have an interest in serving your community.
The Boards and Commissions meet during the evening and typically
have from one to two meetings per month, as follows:
Planning Commission/Board or 1st Thursday after 1st Tuesday
Adjustments and Appeals at 7:30 p.m.
Community Development Commission 2nd Wednesday at 5 : 00 p.m.
Energy & Transportation Committee 3rd Thursday at 7: 00 P.M.
Ad 'HOC Downtown Committee As Needed Wednesdav at 7 :30a.m.
Cable Communication Commissions As Needed Monday at 7:30 p.m.
Housing Advisory and Appeals Board As Needed
Building Code Board of Adjustment As Needed
& Appeals
Shakopee Public Utilities Commission 1st Ionday at 4:30 p.m. -
Shakopee Community Recreation 3rd Monday at 7:00 p.m.
Police Civil Service Commission As Needed p
Nameb i b-rl � `�a rv1nm_ Address: l(/f5 E �1 o.�ia/7p0 AJ Q.
P*one: (H) WIL133 / (B)
How Long Have you Been A Resident of Shakopee?
Oc^u--tion• AIAP ? I
Does Your Work Require You To Travel? (check one)
A Great Deal Periodically Very Little _y<t At All
Do You Have Amy Special interests or _raining Which You __l A
rd or mmission Could Lse? (tise separate sheet -
necessary)
Board
or Commission In Which You Are interested?
—L,_'11pd'91 � !Jm 17�h%1 ,(111-ti��
Please Stat Briefly - Why You Are Interested In Serving On this
Board/Commission For which You Are submitting An Application:
Conflict of interest is define as the participation in any activity,
recommended action, or decision from which the individual has cr could
have the potential to receive personal gain, whether it be direct or
indirect.
In accordance with this de_iaitie.*., do you have any legal or equitable
a.-terest in any business, however crcanized�/ ,
which could be construed
as a conflict of interest? Yes No X If vesplease protide
details on a separate sheet of paper. "'---!ll---
In accordance with this definition, do you own a..^.y real property
located in Scott county in which you have a legal or equitable _J
which could be construed as a eon-liet of interest? Yes No
If yes, please provide details on a separate sheet of paper.
Ple se list -.
.aree References (Name, Address and Phone) :
y�/s VVII
2.
y - gog
7 herebv certify that she facts within the foregci_7 application are
true and correct `to�the best c' my knowledge.
Signature -_TURN t_?LICA^701.1 Aj7
yL`_
0; ty clerk
City cf Shakopee
Date 129 East First Avenue
Shakopee, PIN 55379
945-3650
DATZ R c-v=:): V'23/Py
N ociation of BULLETIN
metropolitan
municipalities
FEg� '1988
February 24, 1988 C/TYOFSHAKOp fe
TO: AMM Member Cities
FROM: Vern Peterson
RE: MANDATED SOIL EROSION AND SEDIMENTATION STANDARDS
(H.F. 1953 - REPRESENTATIVE T. BENNETT,
S.F. 1632 - SENATOR FRITZ KNACK)
This bill mandates uniform standards for soil erosion and
sedimentation control within the 7-County Metropolitan Area.
The standards are to be developed and adopted by Soil and Water
Conservation Districts and would then have to be incorporated into
the Surface Water Management Plans developed as a result of Chapter
509. While it does not say so explicitly tin the bill, city plans per
revQse� n�D p4and.thRnsbmigai°bbglrggF�s.y60)°w�ic�i°app l�ie�ton�yhtohe
Hennepin County was introduced last session but was withdrawn at AMM
request and upon commitment to work with the Hennepin County Soil
and Water District to cooperatively develop and implement voluntary
standards. That effort is progressing and passage of this bill
would be a step backward!
S.F. 1632 was 'heard' on Tuesday, February 23th. and was laid over
until Tuesday, March 1st. , at my request, for further action..
ACTION REQUESTED:
If your city has concerns with this bill, it is important that you
let your local legislators know and also express those concerns at
the legislative hearings. S.F. 1632 will be considered again on
Tuesday, March 1st. at 1 :00 P.M. in Room 112 of the Capitol before
the Public Lands and Water Subcommittee, Chaired by Senator Steve
Novak. Please call Senate Novak's office at 296-4334 if you wish to
testify on this bill.
- - - 1$3 un_I_veBity avenue east,st. paul, minnesota 55101 (612) 227-5600
HF 1749 , HIGHWAY AND TRANSIT FUNDING PACKAGE:
Representatives Kalis, Lieder, Jensen, Seaberg and D. Carlson will
present this bill which calls for an additional 30% MVET transfer
and a 3 cent gas tax increase to the full House for a final vote on
Monday, February 29 . This bill has passed three different House
Committees and is supported by the AMM.
IT WOULD BE VERY HELPFUL IF YOU WOULD CONTACT YOUR REPRESENTATIVES)
AND ENCOURAGE THEM TO SUPPORT THIS BILL.
Thank you.
DISTRIBUTION NOTE: This Bulletin has been mailed to all Mayors and
Managers/Administrators individually.
-2-
FE82 51988
'-''TY OF SHAK4pEE
February 23, 1988
Dear Mayor and City Manager:
You are invited to a meeting on March 10, 1988, at 7:00 P.M. in the
Minnetonka Community Center (map on reverse side) to discuss an issue
of critical importance to your community.
As you are undoubtedly aware, property tax reform is again a
controversial issue with the Legislature. While several proposals
will be considered, one in particular is especially damaging to
metropolitan area suburbs.
The cities of Minneapolis and St. Paul have joined with the Coalition
of Greater Minnesota Cities (the larger outstate cities) and hired
Briggs and Morgan to develop a property tax proposal to, in their
opinion, "equalize" tax rates.
Without going into details, the proposal favors those communities
with residential values of under $68,000 per unit and lower
commercial and industrial values. The proposal would eliminate the
Homestead Credit and Local Government Aid Programs and use that
funding for a new "Equalization" Aid Program. Generally, the more
valuation your community adds above $68,000 from residences or from
commercial and industrial development, the less relative (and in some
cases, absolute) aid your City will receive. The proposal clearly
works to the detriment of suburbs. Even those cities that don't
immediately lose would ultimately because of the proposal 's bias
against higher valuations found in suburbs.
This proposal must be taken seriously. Its proponents are lobbying
hard and unless there is some effective counterbalance, at least part
of the proposal may be adopted. Therefore, the Municipal Legislative
Commission is suggesting that all suburbs join to defeat this
proposal. This is not a request to join the M.L.C. or to form another
ongoing group. Rather, the meeting will concern how we may
cooperatively work to defeat this proposal.
Please share this invitation with other members on your City Council
and join us on March 10, 1988 to review the proposal in more detail
and plan our lobbying strategy.
Sincerely,,
�lly/I�1O.rrUq �" '
UJames F. Miller
City Manager
the city offices are located at 14600 minnetonka boulevard minnetonka, minnesota 553454597 933-2511
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IDOL
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: Public Hearing - Request to Eliminate Universal Service
DATE: February 24, 1988
INTRODIICTION•
When the Shakopee Cable System was franchised in 1982, the
cable company (Zylstra-United) agreed to provided Universal
Service free of charge to subscribers. The cable company is now
requesting that the City Council consider amending the Cable
Franchise Ordinance eliminating the Universal Service tier.
BACKGROUND:
On January 26, 1988 the City of Shakopee received correspondence
from United Cable Television requesting the elimination of the
Universal Service tier. On February 1, 1988 the Shakopee Cable
Television Commission held a meeting to discuss the cable
company's request.
Shown in attachment #1 is Section 6.01 of the Shakopee Cable
Franchise Ordinance that provides for the Universal Service tier.
The Universal tier is basically an antenna service that was to be
provided by the cable company. Subscribers to the Universal
Service tier receive channels 2 - 13 free of charge upon payment
of a one time $35.00 installation fee.
Mr. Steve Stolen, General Manager of United Cable Television
has provided the City with information that he believes supports
the cable company's request to eliminate Universal Service. (See
attachment #2) .
Financial Issues:
At the present time there are approximately 81 subscribers in
Shakopee who receive Universal Service. The cable company
contends that this is costing them approximately $9,000 a year in
operating costs. Because Universal subscribers generate no
revenue, the cost for the provision of the Universal Service is
being passed on to the other basic subscribers.
Consumer Issues:
Elimination of the Universal Tier would also allow the cable
company to eliminate scramblers that they have on their basic
channels (14-52) . This would allow those persons who have cable
ready television sets to use them. At the present time, due to
the scrambling of the basic channels so that Universal
subscribers do not have access to these channels, persons with
cable ready T.V. sets must have a converter box to receive basic
service. If the Universal Service tier were eliminated, persons
with cable ready T.V. sets would not need a converter box. It
should be pointed out that a converter box will be needed at all
times by those subscribers who wish to have access to premium
services.
System Operational Issues:
The cable company contends that the scramblers that are used to
scramble the basic channels are very difficult to maintain. The
cable company contends that 253 of the head end related equipment
failures are due to the scramblers. Removing the scramblers
would give the cable company approximately 53 more time to work
on line maintenance. Improving the line maintenance would
ultimately improve the picture quality to all subscribers.
Channel Line Up Issues
Elimination of the Universal Service Tier would allow the cable
company to relocate some of the higher viewed channels to the
lower service tier. This would allow the cable company to put
local off . air channels back on their proper channel designation.
For example, channel 29 is currently on cable channel 7.
Elimination of the Universal Service tier would allow the cable
company to put channel 29 on it's proper channel designation.
This would simply provide a convenience for cable subscribers.
1984 Cable Communications Policy Act
In 1984 President Reagan signed into law the Cable Communications
Act. This act basically stripped municipalities of their ability
to regulate basic cable service. Prior to the Communications Act
Of 1984 the City could control subscriber rates and services.
Today however, the City has little control over the operation of
the cable system. The City continues to have the authority to
collect franchise fees, receive public, educational, and
governmental access channels, the right to franchise out their
cable system and the right to reasonably regulate the use of
streets and right of way.
I have been in contact with Mr. Gary Matz, an attorney for
the Herbst and Thus Law Firm. Herbst and Thus was the firm that
prepared our Cable Franchise Ordinance in 1981 and the major
amendment that took place in 1986. I have also been in touch
with Mr. Tom Creighton the attorney who represents the Minnesota
Association of Cable Administration Administrators. Both of
these attorneys have advised me that cities no longer have the
authority to make cable companies provide Universal Service even
if it was originally proposed in the franchise ordinance.
I conducted a survey of the major cable systems in the Metro
area to determine those systems that have Universal Service. At
this time, the Shakopee/Chaska system and the Rogers Southwest
System are the only two systems that provide Universal Service.
Several systems have recently eliminated Universal Service within
the last year including Rogers North Suburban and Rogers North
Central.
While this is a very difficult decision for City Council,
staff believes that elimination of the Universal Tier will have
an overall positive benefit on the majority of the Shakopee cable
subscribers. Additionally, if we fail to release the cable
company from the elimination of the Universal Tier, it is likely
that the company will increase basic service rates and/or begin
to charge for Universal Service. As I mentioned earlier, the
City of Shakopee has no control over cable rates.
Technically, the cable company could have eliminated
Universal Service Tier without the City's permission. However,
the cable company does not like to conduct business in this
manner and they have agreed to what I believe is a fair
Compromise. The cable company has agreed to provide six months
of free basic cable service and a free remote control to all
current Universal subscribers. The cable company is not willing
to make this offer if the City does not eliminate the Universal
Service Tier.
CABLE COMMISSION RECOMMENDATION•
On February 1, 1988 the Shakopee Cable Communications
Advisory Commission stated that elimination of the Universal
Service Tier would have an overall positive benefit on the cable
system. While they were not happy about eliminating the
Universal Service they felt that legally they had no control over
this issue. The Cable Commission also felt that the provision of
six months of free basic service to all current Universal
subscribers was an equitable solution to this problem. The
Commission felt that this was the closest the City could get to
in establishing a win-win solution for everyone. The Cable
Commission therefore moved to recommend to City Council that the
Cable Franchise Ordinance be amended eliminating the Universal
Service Tier and that the cable company agree to provide six
months of free basic service and a free remote to all existing
Universal subscribers. The appropriate Amending Ordinance is
shown in attachment #3.
ALTERNATIVES•
1. Move to approve Ordinance # 242 Amending the Cable
Communications Franchise ordinance Eliminating the Universal
Tier of Service.
2. Do not approve Ordinance # 242 Amending the Cable Franchise
Ordinance Eliminating the Universal Service Tier.
3. Table action on this issue pending further information from
staff.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REODESTED:
Move to approve Ordinance # 242 Amending the Shakopee Cable
Franchise Ordinance Eliminating the Universal Tier of Basic
Service and Providing that the Cable Company Agree to Provide Six
Months of Free Basic Service and a Free Remote to Existing
Universal Subscribers.
I ' Attachment #1 l
SECTION 6. SERVICE PROVISIONS
6.01 Services to be Provided. Grantee shall provide III
all initial services and programming, as available, set
forth in the Grantee 's offering and in this section.
Grantee shall provide three tiers of service, Universal
Tier, Tier I and Tier II , as set forth in Grantee 's
offering.
A. Universal Tier. The Universal Tier shall i
include at a minimum, seven local broadcast chan-
nels and five community or regional access chan-
nels. These channels shall be provided free of
monthly charce upon payment of a one-time installa-
tion charge. The initial channel allocation of the
Universal Tier shall be as follows:
Cable Channel Designated Procramming/Services
2 KTCA - Channel 2 - PBS - St. Paul
3 Community Television Channel, Public
Access/Community Bulletin Board
4 WCCO - Channel 4 - CBS - Minneaoolis
5 KSTP - Channel 5 - ABC - St. Paul
6 47PBT - Channel 29 - IND-Minneapolis
7 Leased Access
8 - KTCI - Channel 17 - PBS - St. Paul
9 KMSP - Channel 9 - IND - Minneapolis
10 Educational Access Channel/School
Bulletin Board
11 WTCN - Channel 11 - NBC - Minneapolis
12 Government Access Channel/Municipal -
Bulletin Board (Desicnated
Emergency Channel)
13 Color Weather Radar (listed but not
available )
f _ .
Attachment 02
UNIVERSAL SERVICE
KEY ISSUES
Financial
Consumers
System operation
Channel Line-up
� pO�
FINANCIAL ISSUES
. 1987
SUBSCRIBER COUNTS YEAR END 1987
Total subscribers 2905
Universal subs 172---81 in Shakopee
Universal subs equals 6% of total subscribers
OPERATING COSTS FOR 1987 $314,065.00
X.06% Universal
$ 18,843.90 Operating costs for
Universal 1987
OPERATING EXPENSE NOTED ABOVE IS LESS
Franchise Fees
Bad Debt
Pay-Per-View Royalities
Premium Channel Royalities
CONSUMBE.R ISSUES
Through the elimination of Universal, the possiblities of
removing the scramblers on basic channels becomes possible.
What this means to all of the subscribers that have cable-
ready televisions is the possible elimination of the converter
boxes if they are basic subscribers only. This however, does
not eliminate the need of a converter box for those subscribers
that have premium services or those who want access to pay-per-
view movies and special events.
1 feel that his issue is important considering the fact that
157 to 207 of our complaints are generated from subscribers whom
are basic subscribers and have cable-ready televisions that
they cannot utilize to its fullest capablities.
SII
SYSTEM OPERATIONAL ISSUES
Also, by eliminating the scramblers in the headends on all
basic channels we could enhance service to subscribers
because scramblers are 25% of over all headend related equipment
failures. What this ultimately reflects is a 5% reduction in
field related service calls. Thus, by eliminating the scramblers
in the headend we would have 5% more time available to work
line maintenance in the field. All this does is put more time
on line maintenace, which ultimately affects picture quality
to all subscribers.
CHANNEL LINE-UP ISSUES
The cable industry as a whole is moving in the direction
of aliening local channels to there actual channel designa-
tion. Also, the industry is placing highly viewed satellite
services such as ESPN, Nickelodeon into lower channel designa-
tions i.e. 6,7,8. The main reason for these moves is to get
more viewing of these channels by subscribers, whereas, public
broadcast and access channels have small viewing percentages
versus the percentages of an ESPN or Nickelodeon.
From an operation stand-point, I feel that we need the moves
to enhance not only our operation but to put local off airs
back on their proper channel designation.
Given the current Universal service requirements, I cannot do
what I have talked about in the above paragraphes.
Attachment *3 1
ORDINANCE NO. 242
Fourth Series
An Ordinance of the City of Shakopee, Amending Shakopee
City Code, Chapter 15, Entitled "Cable Communication
Franchise Ordinance, as amended" By Repealing Certain
Sections thereof and by Enacting New Sections Thereof
and by Adopting by Reference Shakopee City Code Chapter 1.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I: eal
Section 6.01 and Section 6. 03 are hereby repealed in their
entirety.
SECTION II:
A new Section 6.01 is hereby adopted.
6.01 Services to be Provided. Grantee shall provide all
services and programming, as available and set forth in this
section. Grantee shall provide one tier of basic service as set
forth in this section.
A. Basic Tier. The Basic Tier shall include at a
minimum fifty four channel service which includes broadcast
channels, designated public, educational, religious,
governmental and regional access channels, distant
independent stations, religious programming, news services,
weather services, sports programming, childrens and cultural
programming, variety programming and premium services.
The initial channel allocation of the Basic Tier shall
be as follows:
Cable Channel Designated Programming/Services
2 KTCA - PBS - St. Paul
3 Public Acess/Community Bulletin Board
4 WCCO - CBS - Minneapolis
5 KSTP - ABC - St. Paul -
6 Regional Access
7 KITN/UHF 29
8 KTCI - Channel 17 - PBS - St. Paul
9 KMSP - INDEPENDENT - Minneapolis
10 Educational Access
11 WTCN - NBC - Minnepolis
12 Government Access (Designated Emergency Channel)
13 Color Weather Radar
14 FAA Restricted
15 FAA Restrcited
16 FAA Restrcited
17 The Movie Channel (Premium)
18 Cable Value Network
19 Quality Value Convenience
20 Showtime (Premium)
21 Disney (Premium)
22 Future (Premium)
23 Home Box Office (Premium)
24 Cinemax (Premium)
25 USA Cable Network
26 The Learning Channel
27 Lifetime
28 Arts & Entertainment
29 WGN/Chicago
30 Music Television
31 The Nashville Network
32 WOR/New York
33 Financial News Network
34 Christian Broadcast Network
35 Trinity Broadcast Network
36 Eternal World Television Network
37 CNN Headline News
38 The Weather Channel
39 The Discovery Channel
40 C-Span
41 ETMA/UHF 23
42 Reserved for future programming
43 Pay-Per-View (Premium)
44 WCCO II
45 Cable News Network
46 FAA Restricted
47 WTBS/Atlanta
48 Nickelodeon
49 Tempo
50 Entertainment and Sports Programming Network
51 American Movie Classics
52 KXLI/UHF 41
B. Channel Realignment. The Grantee shall be
permitted to realign broadcast channels with the exception
of the designated public, educational, regional, religious
and governmental access channels. Permission to realign the
designated public, educational, regional and governmental
access channels may be approved by the grantor providing
that the grantee adheres to the variance procedure as set
forth in the Cable Franchise ordinance.
C. Universal Service Subscibers. The Grantee shall
provide all Shakopee residents subscribing to the Universal
Service Tier as of March 1, 1988 with six months of free
Basic service effective on or before April 1, 1988. The
Grantee shall also provide a free remote control for each of
these subscribers during the six month period.
SECTION III: Penalty
Shakopee City Code, Chapter 1, entitled "General Provision
and Definitions applicable to the entire City Code, including
Penalty Provisions" is hereby adopted in its entirety by
reference as though repeated verbatim herein.
SECTION IV: When in force and effect
After the adoption, signing and attestation of this
Ordinance it shall be published once in the official newspaper of
the City of Shakopee and shall then be in full force and effect.
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this day of 1988.
Mayor of the City of Shakopee
ATTEST: Approved as to form this
day of , 1988.
City Clerk
City Attorney
MEMO TO: John K. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: 1988-89 One Year Work Plan
DATE: February 23, 1988
INTRODUCTION•
In order to maintain Star City designation, the 1989 Fiscal
Year Work Program must be approved and submitted to the
Department of Trade and Economic Development prior to March 31,
1988.
BACKGROUND:
On February 16, 1988 the Shakopee City Council reviewed the
1989 Fiscal Year Work Program as proposed by the Shakopee
Community Development Commission. At that time the City Council
suggested several changes and additional strategies to be
included into the 1989 Work Program. I have incorporated the
comments received from City Council into the 1988-89 Work Program
as shown in attachment #1. The three new strategies that have
been added to the work program as suggested by the City Council
are as follows:
1. Investigate bringing a branch or extension facility of the U
of M, St. Thomas, etc. into Shakopee for evening course
offerings. (Strategy #16)
2. Initiate a weekly question and answer series in the local
newspaper to be written by City Council members and/or
staff. (Strategy #17) 1
3. Investigate the creation of new business development teams
that focus on specific development interests (industrial,
commercial, residential) comprised of members of various
boards and commissions to work with potential developers
and/or development projects. (Strategy #18)
Staff has also added the word to "Discuss" to strategy 414.
("Discuss" securing the assistance of a consultant to prepare a
market analysis for Downtown Shakopee. )
If City Council concurs with the strategies as specified in
the 1988-89 One Year Work Program, it would be appropriate at
this time to move approval of the plan.
ALTERNATIVES:
1. Move to approve the 1988-89 One Year Work Plan and direct
the appropriate City officials to submit it to the
Department of Trade and Economic Development.
2. Request staff to incorporate any suggestions made by the
Council for inclusion into the 1988-89 One Year Work Plan
and bring it back to Council for final approval at their
next meeting.
3. Amend the 1988-89 One Year Work Plan as proposed by the
Community Development Commission and move it's approval as
amended.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REOUESTED:
Move to approve the 1988-89 One Year Work Plan as proposed
by the Community Development Committee. -
1 I CL/
Attachment #1
Community Development commission (CDC)
Shakopee Economic Development
1989 Fiscal Year Work Plan
(July 1, 1988- June 30, 1989)
Activity/objective: Implement an ongoing economic development
program for the City of Shakopee stressing
job retention, job creation, downtown
redevelopment and the tourism industry.
Purpose: To create new jobs, increase the local tax base, retain
and assist existing business, attract new businesses
and capitalize on the existing area development
potentials.
Budget: CDC Budget $93,110 ($66, 000 Convention and
Visitors Bureau)
Time Frame: Ongoing from July 1988.
Projected Results: 53 Increase in local tax base.
2.53 Increase in population.
2.53 Increase in employment base.
103 Increase in the number of residential
building permits issued.
Attraction of at least one new
commercial business in the downtown.
Attraction of at least one new
industry into the industrial park.
Attraction of at least one elderly
residential development.
53 Increase in tourists at the recreational
facilities in Shakopee.
Committee/Organization Chairpersons:
Shakopee City Council - Mayor Dolores Lebens
Shakopee Housing and Redevelopment Authority - Steven Clay
Convention and Visitors Bureau - Theresa Roehrich, Director
Shakopee Community Development Commission - Tim Keane
Shakopee Downtown Committee - Gary Laurent
Chamber of Commerce - George Muenchow, President
Tourism Committee - Marilyn Hagermann
Scott County Transportation Coalition - Fred Corrigan
Planning Commission -
City of Shakopee - Staff
City Administrator - John Anderson
Community Development Director - Dennis Kraft
Administrative Assistant - Barry Stock
City Planner - Douglas Wise
City Engineer -
1989 Primary Work Task
Investigate and implement activities, policies and programs
which will provide for increased economic activity in the
community and provide mechanisms that will promote activities
which will allow for the orderly development of commercial,
industrial, residential and recreational activities in Shakopee.
Purpose
To improve the economic vitality, aesthetic quality and
image of the community and to increase the local tax base and
provide additional employment opportunities.
Budget
100$ of CDC Budget - $93,110. 00
($66, 000 Convention and Visitors Bureau)
Time Frame
1989 Fiscal Year
Strategy Assigned To Completion Date
1. Develop a quarterly news- CDC July 88
letter that will be dis- Barry Stock
tributed to the development
community hi-lighting the
economic activity occurring
in Shakopee.
2. Develop and secure Request Downtown June 1989
for Proposals from developers Committee/HRA
interested in the development Gary Laurent
of the Southern half of Blk 4
in Downtown Shakopee. *
3. Attempt to negotiate a deal City Council August 1988
with the National Guard for Dennis Kraft
the location of an Armory/
/
Community Center in the
community.
4 . Secure the assistance of a Planning June 1989
consultant and complete an Commission
update of the City's Doug Wise
Comprehensive Plan.
* Could be completed earlier pending final securement of State
funding and right-of-way.
II �'
5. Distribute and analyze the CDC October 1988
results of the business Tim Keane
retention survey.
6. Construct Phase I Part II City Staff November 1988
of the Downtown Redevelopment City Engineer
Project including street
reconstruction and streetscape.
7 . Assist the property owners of City Council/ August 1988
the Shakopee Valley Mall in HRA
their redevelopment efforts. Dennis Kraft
8. Attempt to secure 501-C CDC May 1989
designation for Shakopee's Jon Glennie/
Development Corporation and Dennis Kraft
restructure it's membership.
9. Initiate an analysis of Huber Downtown June 1989
Park and the possibility of Committee
converting it to commercial Gary Laurent
use as part of a larger
river-front development project.
10. Set up an on-going program CDC August 1988
that encourages monthly Tim Keane
breakfast meetings with
business persons in the
community.
11. Comprehensively amend the Planning June, 1989
Shakopee Zoning Ordinance Commission/
in order to facilitate City Council
sound economic development Doug Wise/
in a timely manner. Dennis Kraft
12. Prepare a Request for Downtown January 1989
Proposal Package that would Committee
attract developers to Down- Gary Laurent
town. The proposal should
be site specific and should
define the level of City
assistance available to the
developer with the best proposal.
The request for proposal
specifications should be
formally approved by the Council.
13. Prepare a Request for Proposal Community November 1988
that targets developers who Development
have experience in redevelop- Commission
ment. The proposal would Tim Keane
simply direct developers to
the prime areas for development
in Shakopee.
14. Discuss securing the - Downtown July 1988
assistance of a consultant Committee
to prepare a Market Analysis Gary Laurent
for Downtown Shakopee.
15. Attract an elderly housing City Council/ June 1989
project to the community HRA
utilizing little or no City Dennis Kraft
finanical assistance.
16. Investigate bringing a branch CDC April 1989
or extension facility of the Tim Keane
U of M or St. Thomas into
Shakopee for evening course
offerings.
17. Initiate a weekly question City Council July 1988
and answer series in the John Anderson
local newspaper to be
written by City Council
members and/or staff.
18. Create new business develop- CDC Sept. 1988
ment teams that focus on Tim Keane
specific development interests
(industrial, commercial,
residential) comprised of
members of various City Boards
and Commissions to work with
potential developers and
development projects.
MEMO TO: John E. Anderson, City Administrator
FROM: Barry A. Stock, Administrative Assistant
RE: Huber Park Trail Project
DATE: February 23, 1988
INTRODUCTION•
In 1984 the City of Shakopee received a LAWCON/LCMR Grant
for the construction of an overlook and improvements to the Huber
Park Trail. Last October the Shakopee City Council authorized
the appropriate City officials to enter into an agreement with
Westwood Planning and Engineering for the landscaping and
architectural design services associated with this project.
Since that time, staff has been working with Westwood Planning
staff in preparing the final design for the improvements and
observation platform. A set of final design plans has been
completed at this time. I£ Council is in agreement with the
plans as proposed, it would be appropriate to proceed in ordering
bids for the proposed project.
BACEGROUND•
On December 2, 1987 the Shakopee City Council approved
locating the observation platform in front of the senior citizen
highrise. In December soil borings were taken in this area and
structural engineers have determined that is possible to
construct the observation platform in the location as approved.
The actual design of the observation platform will resemble
a gazebo type structure. (See attachment #1) . The structure
will be supported with steel columns and the observation platform
itself will be constructed of pre-cast fabcon panels. Deck
railing will be installed to prevent persons from falling off the
platform. To improve the appearance of the facility we have also
added decorative brick piers at 9' intervals along the platform.
The roof of the structure will be constructed out of wood with
asphalt Timberline shingles.
Shown in attachment #2 is a complete landscape design of the
entire Huber Park Trail Project area. The majority of the trail
improvements are taking place in front of the overlook platform.
Shown in attachment #3 are the preliminary cost estimates for the
Huber Park Trail improvement project. The cost estimate is
within the budgeted grant amount. To insure that bids come in
under the budgeted grant amount, staff is recommending that the
landscaping portion of the project be bid as an alternative.
This would give the City the ability to cut out some of the
landscaping elements should the final bids come in higher than
the engineers estimate. Shown in attachment #4 is a letter from
Tim Erkilla, Westwood's Landscape Architect outlining a
preliminary time schedule for completion of the Huber Park Trail
Improvement Project.
No decorative lighting has been included in this project.
Decorative lighting is not an eligible Lawcon/LCMR expense. A
Security light will be positioned in the roof of the gazebo. If
Council wishes to pursue decorative lighting in this area, it
would be appropriate to budget accordingly in 1989.
The City Building Inspector, Engineer and I have reviewed
the final design plans and cost estimates and are recommending to
City Council that the appropriate City officials be authorized to
advertise for bids for the Huber Park Trail Improvement Project.
ALTERNATIVES•
1. Authorize the appropriate City officials to advertise for
bids for the Huber Park Trail Improvement Project.
2. Make suggestions for improving the final design for the
Huber Park Trail Improvement Project and authorize the
appropriate City officials to advertise for bids.
3. Suggest changes to the final design plans for the Huber Park
Trail Improvement Project and direct staff to bring this
issue back to City Council for their review at their next
meeting.
STAFF RECOMMENDATION:
Staff recommends alternative #1.
ACTION REODESTED:
Move to authorize the appropriate City officials to
advertise for bids for the Huber Park Trail Improvement Project.
U Attachment #1
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MINNESOTA Attachment *2 Cont. RIVER II V
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LEVEE DRIVE
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SENID MI-RISE
BUILDm4
HUBER PARK TRAIL PROJECT
City of Shakopee Pro,c[ No. 87-15
p` Shakopee , Minnesota
Attachment 93
`X` WESTWOOD PLANNING & ENGINEERING COMPANY
JANUARY 13, 1988
PRELIMINARY COST ESTIMATE
HUBER PARK TRAIL PROJECT
SHAKOPEE, MF(
A. LANDSCAPE ESTIMATE
ITEM COST
1 . Plant Material (includes trees shrubs, $ 27, 698. 00
sodding, seeding, mulch, edging)
2. 6 ' Wood/Cast Iron Benches (3) S 3, 000. 00
3. Pre-Cast Concrete Pavers (576 S.F. ) $ 2,880. 00
4. Retaining/Seating Well (2 0 10') S 2,500. 00
5. Concrete Walk (144 S.F. ) 5 400. 00
6. Concrete Steps w/Railings (5 risers) $ 750. 00
7. Rework Bituminous Trail (70 L.F.) $ 630. 00
(accomodate handicapped access)
8. Depressed Curb (incl . curb removal) $ 150. 00
9. Conduit (for possible lighting) $ 500.00
i
SUBTOTAL S 38,508. 00
B. ARCHITECTURAL ESTIMATE
1 . Steel Railing includes fabrication, $ 4,250. 00
painting, and installation by fabricator)
2. Asphalt Roofing (installation to include $ 2, 000. 00
Timberline shingles, underlayment and
metal roof edge)
3. Brick Pier (Construction w/top two _ S 9,500. 00
courses half bricks in stack bond,
height 42")
4. Wood Roof (materials fabricated and S 6,400. 00
delivered to site by Cedar Forest
Products)
.. . Wood Roof (Erection to include S 3, 850. 00
prestaining of wood materials
(pre-staining is $900)
858 EDINBROOK CR SING.BROOKLVN PARK.WNNE60TA 55 (618)4848862 IS-O M
7415 WAV ATA GOIREVARD,6T.'MIS PARK.MINNESOTA SSAIS(618)6460155
Attachment 43 - Cont. � ( 1Y
HUBER PARK ESTIMATE
PAGE 2
6. Painting (of structural steel and s 1,500. 00
precast plank deck edge)
SUBTOTAL S 27,500. 00
C. STRUCTURAL ESTIMATE
1 . Footings, steel frames, 6 precast S 36,000. 00
concrete above grade
SUBTOTAL 8102,008.40
CONTINGENCIES a 5% 5,100.40
GRAND TOTAL 8107,108.40
Attachment i4
Xlvkk WESTWOOD PLANNING & ENGINEERING COMPANY
FEBRUARY 24, 1988
MEMORANDUM
TO: Huber Park Trail Project (187-15) File
Shakopee, MN
FROM: Tim Erkkila
RE: Meeting 2-23-88
Present: LeRoy Houser,Barry'Stock Reg Silverthorne, John Oehlke, Randy
Goertzen, Tim r
The entire project shall be bid as one contract with the provision that
plantings and benches may be deleted to conform to available funds. Deleted
plantings could be rebid in a scaled down format (if necessary) in the fall.
The target construction budget is $100,000.
The Council will be asked for permission to advertise for bids at the March 1st,
1988 meeting. The City will advertise locally on March 17, 24 and 31st. Plans
will be distributed by the City. The bid opening will be April 8th at 10:30
A.M. April 19, 1988 the Council will be asked to evaluate bids and potentially
award a contract. Work could begin May 1, and be completed October 31, 1988.
The City believes Timberline shingles will be donated to the project but will be
installed by this contractor. The use of clay bricks in the railing piers was
approved as was cedar roofing (under the shingles).
The Landscape Architect, Architect and Structural Engineer shall coordinate
relevant specifications into C.S.I. format. Westwood shall prepare the
Advertisement for Bid, Contract forms and Bid Documents. Inspection of the
construction work shall be by the City except for technical reviews by the
design team as necessary and requested by the City.
copies to these present.
8535 EDW BROOK CROSSING ANOOKLYN PARK.MINNESOTA 5550 Sod&2 E8$(gip,ORC.)
UIS WAnATA BOOLEVARO.ST.LWIS PARK,MINNESOTA 55038 III Si5-0155
MEMO TO: John K. Anderson, City Administrator
FROM: Douglas K. Wise, City Planner
RE: Shingobee Builders, Inc. request for a 128 sq. ft.
Temporary Identification Sign.
DATE: February 26, 1988
INTRODUCTION:
Section 4.30, Subdivision 3 L of the present City Sign
ordinance allows for the construction of a temporary
identification sign listing the name of the project, architects,
engineers, contractors and finance agencies up to 24 sq. £t. in
size during construction of a building. This provision also
allows for temporary identification signs in excess of 24 sq. ft.
to be allowed upon approval of the City Council. Shingobee
Builders, Inc. requested a temporary identification sign of 128
sq. ft. be allowed on the site located East of Valleyfair where
they will be constructing a new motel.
BACKGROUND:
Section 4.30, Subdivision 3 L of the City's Sign Code
states:. "One temporary identification sign setting forth the name
of the project, architects, engineers, contractors and finance
agencies may be installed at a construction site in any district
for the period of construction only. Prior approval of a
majority of the Council shall be required for the use of any such
identification sign in excess of 24 sq. ft. in area. "
The current City Sign Ordinance allows two types of
temporary signs to be placed on a construction site during the
period of construction. These are temporary identification signs
listing the - name of the project, architects, engineers,
contractor or financing agencies, or temporary real estate signs
advertising lease or sale of the property. The current ordinance
allows a temporary identification sign up to 24 sq. ft. in area
beyond which shall be allowed only by the approval of the City
Council. Temporary real estate signs for commercial and
industrial projects allow a sign advertising lease or sale of the
property up to a size of 32 sq. ft. . In order for any developer
to place a temporary real estate sign larger than 32 sq. ft. on
the property a variance must be sought from the Board of
Adjustment and Appeals.
The Planning Commission is currently reviewing a draft of a
new sign ordinance which would allow both temporary
identification signs and real estate signs up to a maximum of 32
sq. ft. Any temporary identification sign or real estate sign
larger than 32 sq. ft. would require a variance from the Board of
Adjustment & Appeals.
Shingobee Builders, Inc. will be constructing a new motel
this spring immediately east of Valleyfair on Lot 2, Block 1 of
Prairie House 2nd Addition. Shingobee Builders, Inc. has
requested permission from the City Council to construct a
temporary identification sign 128 sq. ft. in area. Attached is a
drawing showing the message to be contained on the sign as well
as a map showing the general location of the proposed sign.
Recently the Board of Adjustment and Appeals granted a
variance to County Village Apartments located on South Marschall
Road to construct a 64 sq. ft. temporary real estate sign. The
Board of Adjustment & Appeals reason for granting this sign
variance was based on the location of the project being in an
open, more rural area, where traffic was traveling at a much
faster rate. County Village Apartments had requested a variance
to allow them to construct a temporary real estate sign 128 sq.
ft. , staff recommended not allowing a sign larger than 32 sq.
ft. .
ALTERNATIVES:
1. The City Council may pass a motion not granting Shingobee
Builders, Inc. permission to construct a sign greater than
24 sq. ft.
2. The City Council may pass a motion granting Shingobee
Builders, Inc. permission to construct a 128 sq. ft. sign as
per their request.
3. The City Council may pass a motion granting Shingobee
Builders, Inc. permission to construct a sign greater than
24 sq. ft. , but less than 128 sq. ft. (Specifying the
maximum square footage) .
STAFF RECOMMENDATION:
Staff recommends Shingobee Builders, Inc. be granted
permission to construct a temporary identification sign not to
exceed 32 sq. ft. in area. (Alternative g3)
Staff is recommending the 32 sq. ft. maximum because it is
consistent with the proposed new sign ordinance now being
considered by the Planning Commission and consistent with the
City staffs recommendation for County Village Apartments.
ACTION REOUESTED:
Offer and pass a motion granting Shingobee Builders, Inc.
permission to construct a temporary identification sign on Lot 2,
Block 1 Prairie House 2nd Addition not to exceed sq. ft.
DKW/tiv
(1h1rnbee
The M Indian Chamber of Commerce wishes to thank the
owners of the future Valley View Inn for their supportive
endeavor toward equal opportunity for minoity and waren {
owned enterprises.
OJ
Shingobee Builders, Inc.
479-1300
- General Contracting
- design/Build
- Construction Management
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Shingob, Builders. Inc.
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MEMO TO: John K. Anderson, city Administrator
FROM: Douglas K. Wise, City Planner
RE: Proposed Planning and Zoning Enabling Legislation
DATE: February 26, 1988
INTRODUCTION•
A bill has been introduced in the State Legislature (HF 1888
and SF 1759) which would consolidate planning and zoning enabling
legislation for counties, cities and townships into one act.
Although the purpose of the act is to clean-up and consolidate
existing legislation, it does introduce some changes which will
have an affect on the planning and zoning requirements cities may
enact.
BACKGROUND:
Current planning and zoning enabling legislation for
counties, cities and townships have been adopted through separate
acts and are separate sections of the State Statutes. The State
of Minnesota establishing a Governor's Advisory Council on State
and Local Relations which studied the existing legislation for
the three types of local units of government and formulated a
recommendation that would consolidate this legislation into one
act. This act would make the planning and zoning requirements
for each governmental unit more consistent. The recommendation
of the Governor's Advisory Council on State and Local Relations
has been introduced into the Legislature as Bills HF 1888 and SF
1759.
Please find attached a bulletin from the Association of
Metropolitan Municipalities which indicates their concerns about
the new legislation and a recommendation to lay the bill over for
interim study. Although I have not had time to study the
proposed legislation in detail, I have read the proposed
legislation and find nothing in the bill that would require the
City of Shakopee to make any significant changes in our present
planning and zoning requirements or procedures. A major concern
of the Association of Metropolitan Municipalities is that the
proposed legislation requires the Board of Adjustment and Appeals
to be separate from the City Council and allows no more than one
City Council member to sit on the Planning Commission. Current
legislation allows for overlapping boards. The City of Shakopee
has utilized the Planning Commission as the Board of Adjustment,
therefore the proposed legislation would not change current
procedure. Although I think the City of Shakopee's system is a
good one, the proposed legislation does limit the flexibility
available to cities for initiating new and different procedures
for implementing planning and zoning programs.
The proposed legislation combines the current enabling
legislation for counties, cities and townships, but does not take
into account a fourth piece of existing legislation, the Metro
Land Planning Act, which affects only cities within the Twin
Cities Metropolitan Area. In further reading the proposed
legislation I have also found some sections where the language is
not clear leaving some questions remaining specific requirements.
ALTERNATIVES•
1. The City Council may take no position on the proposed
legislation.
2. The City Council may pass a motion concurring with the
Association of Metropolitan Municipalities recommendation
and request the Legislature to lay the bill over for interim
study.
3. The City Council may actively oppose the Legislation and
pass a motion to notify our Legislators of the City's
Opposition to the Legislation.
STAFF RECOMMENDATION:
Staff recommends alternative #2.
The staff is generally supportive of the new legislation and
feels that it is a definite improvement over existing State
Legislation. However, the staff feels that a more thorough
analysis of the legislation to determine it's long term affects
On communities throughout Minnesota should be undertaken prior to
enactment. The staff also feels that some additional fine tuning
of the legislation is needed.
ACTION REODESTED•
Offer and pass a motion to inform our Legislators of the
City's recommendation to the Legislature that the current
planning and zoning enabling legislation (HF 1888 and SF 1759) be
laid over for interim study.
BULLETIN .
association of -
metropolitan
municipalities 7,
FEB2 '1988
February 19 , 1988
TO: AMM Member Cities CITY OF SHAKOPEE
FROM: Vern Peterson - -
Roger Feierson
RE: LEGISLATIVE ITEMS REQUIRING URGENT ATTENTION
1 . PLANNING AND ZONING ACT: HF 1888 (L. Jennings) - SF 1759 (B. Adkins)
A comprehensive and far reaching bill which combines and
standardizes county, municipal and town planning authority into a
single section of law has just been introduced. The bill originated
in the Governor's Advisory Committee on State and Local Relations
(ACSLR) and would substantially alter the local planning and zoning
process. The AMM has no position on this bill as yet but a special
AMM Task Force Chaired by Orono Administrator Mark Bernhard s on, has
met once and already identified several general concerns including
the following:
A. MANDATES THE CREATION OF A LOCAL BOARD OF ADJUSTMENT WHICH
CANNOT BE THE CITY COUNCIL.
B. APPEARS TO IGNORE THE METRO LAND PLANNING ACT AND COULD CAUSE
INTERFACE PROBLEMS.
C. DIMINISHES CITY COUNCIL DISCRETION . -
D. REDUCES LOCAL FLEXIBILITY AND OPTIONS IN PLANNING AND ZONING
AUTHORITY.
The AMM Task Force has made a recommendation to the AMM Board that it
ask the Legislative lay the bill over for interim study.
t � However, it appears that in spite of the far reaching impliciations
of the bill, a major effort will be made to pass it this session.
The Legislature has formed a joint subcommittee of members of the
respective bodies' Local and Urban Affairs Committees and a hearing
for this bill is scheduled for next week.
ACTION SUGGESTED:
Please review this bill and if you have concerns, please express
those concerns at the hearing before the joint subcommittee. THE
HEARING IS SCHEDULED FOR FRIDAY, FEBRUARY 26 AT 8: 30 A.M. IN ROOM
1A¢ �..o ,.� . �an, (ri9) 09- [F,nn
200 OF THE STATE OFFICE BUILDING. PLEASE CALL MARY LARSON AT
296-5486 TO GET YOUR NAME ON THE LIST TO TESTIFY. THIS MAY BE YOUR
ONLY REAL OPPORTUNITY TO TESTIFY ON THIS BILL! . WE ALSO SUGGEST
DISCUSSING YOUR CONCERNS WITH YOUR LEGISLATOR(S) .
We think the following Senators and Representatives will be members
of the Joint Legislative Subcommittee:
Senators Representatives
Betty Adkins Bob Anderson Bernie Lieder
Joe Bertram David Battaglia Connie Morrison
Dennis Frederickson Jerry Baverly Rich O'Conner
Earl F.enneke Norm DeBlieck Tony Onnen
Jim Vickermam Loren Jennings, Chair Sidney Pauly
Bob Schmitz Virgil Johnson Ted Winter
Tony Kinkel
Attached is a copy of the AMM's Land Use Planning Task Force roster.
See LMC Legislative Bulletin Number 2 for bill explanation.
2. PROPERTY TAY REFORM*
The AMM Board of Directos and Revenue Committee have adopted a set
of Principles governing Property Tax Reform. Currently none of the
existing legislative proposals meet entirely the 14 Priniciples. The
Board policy has been previously distributed to all member Mayors,
Councilmembers, Managers/Administrators and all legislators. You
should have received a copy.
PLEASE CONTACT YOUR LEGISLATOR(S) AND CONVEY THE IMPORTANCE TO THE
METROPOLITAN AREA OF SUPPORTING THESE AMM PRINCIPLES WHEN
CONSIDERING PROPERTY TAX REFORM.
3. FISCAL DISPARITIES*:
The Senate Tax Committee will be meeting soon to hear the AMY.
proposal on Fiscal Disparities modifications. AMM member officials
should let their legislators, especially the Senators, know of hour
support for the AMM package. The AMM bills are HF 1125 (Rep. Rest)
and SF 1134 (Sen. Reichgott) .
*If you need further information or handout material on either
Property Tax or Fiscal, Disparity Reforms, call Roger Peterson or
Jim Kelly at 227-4008.
DISTRIBUTION NOTE:
This Bulletin has been mailed to all Mayors and Managers/Administrators
The Legislative Contact system is nearly in place and future action
Bulletins will be distributed to the contact individuals for your
city. A Contact Coordinator, Jim Kelly has been hired. He is a
Hamline Law School Graduate and currently completing a Masters program
in Public Administration at Hamline University.
CC: AMM Land Use Planning Task Force
AMM R'ard of nirAntnnc
� ! d
AMM LAND USE PLANNING TASK FORCE
Mr. Bill Barnhart Mr. Mark Bernhardson,Chair Mr. Kevin Frazell
Gov. Rel. Rep. Administator - Orono Administrator
City Hall Room 325M Box 66 750 So. Plaza Drive
Minneapolis, MN. 55415 Crystal Bay, MN. 55323 Mendota Heights, MN. 5512
348-6534 473-7358 452-1850
Ms. Anne Norris Mr. Geoff Olson Mr. Ronald Rogstad
Comm. Dev. Dir. Director Planning Comm. Serv. Dir.
15153 Nowthen Blvd. NW 1830 E. Co. Rd. B. 1584 Hadley AVe. , No.
Anoka, MN. 55303 Maplewood, MN. 55109 Oakdale, MN. 55119
427-1410 770-4500 739-5086
Mr. Ryan Schroeder Mr. Blair Tremere Mr. Craig Waldron
Asst. to the Manager Dir. of Comm. Dev. Ec. Dev. Dir.
4221 Lake Road 3400 Plymouth Blvd. 2660 Civic Center Drive
Robbinsdale, MN. 55422 Plymouth, MN. 55447 Roseville, MN. 55113
537-4534 559-2800 484-3371
MEMO TO: John K. Anderson, City Administrator
FROM: Dennis R. Kraft, Community Development Director
RE: Draft RFP for the Shakopee Comprehensive Plan
DATE: February 26, 1988
INTRODUCTION•
Earlier this month the City Council authorized the
initiation of the process to prepare a comprehensive update for
the Shakopee Plan. As a part of this process an RFP has been
prepared and is submitted to the City Council for their review at
this time.
BACKGROUND:
The attached RFP is intended to be sent out to consultants
after City Council review and approval. The RFP will hopefully
hit all of the elements that Council members want in the
Comprehensive Plan, however if additional items need to be
addressed this will be the time to do it.
RECOMMENDATION•
It is recommended that the City Council review the attached
RFP and approve it in either it's present form or an amended
form.
ALTERNATIVES:
1. Approve the RFP as submitted.
2. Amend the RFP.
3. Do not amend the RFP and do not approve it at this point.
ACTION REOUESTED•
Move to direct the Community Development Director to
distribute the RFP to Metropolitan Area Planning Consultants.
REQUEST POR PROPOSALS FOR
A COMPLETE UPDATE OF THE SHAKOPEE
MINNESOTA COMPREHENSIVE PLAN
Introduction:
The City of Shakopee is currently seeking proposals from
qualified consultants to assist the City with a complete updating
and revision of the City's Comprehensive Plan including the
printing of a new planning document. Proposals shall be
submitted to the Community Development Department at City Hall in
Shakopee by noon on the day of March 21, 1988. The City
anticipates selection of a consultant by early April, 1988. The
project is to begin immediately after selection of the consultant
and is to be completed within nine to twelve months.
Background,
The present Shakopee Comprehensive Plan was adopted in 1981.
Data for this plan was gathered in 1978-80 and some of the data
were from sources which were ten years old at that time. The
current plan has a 1990 time horizon. A plan for the 1990's and
to the year 2000 and beyond must be prepared.
Specific reasons for updating the Shakopee Comprehensive
Planinclude the following:
1. Dramatic changes have occurred in Shakopee since the
adoption of the present plan. These changes include the
construction of Canterbury Downs, the enlargement of
Valleyfair, a significant population increase, and
appreciable increases in traffic volumes on local streets
and highways. Also, during the past two years progress has
been made leading the construction of two new bridges over
the Minnesota River directly serving the City of Shakopee.
2. New roads, not envisioned by the plan, have been constructed
since the adoption of the present Comprehensive Plan and
road classifications need to be changed. Planning must also
occur for future roadway alignments.
3. Contemporary community values need to be assessed so as to
determine if the Shakopee of the 1970's is what local
residents want for Shakopee in the 19901s.
4. The Metropolitan Urban Service Area (MUSA) boundary needs to
be reviewed to determine if it adequately provides for the
future growth of the community in the next decade.
5. Shakopee needs to carefully assess it's strengths and
weaknesses so as to be able to accurately target industrial
and commercial uses which will allow the community to
achieve a desired balance of residential and non-residential
growth.
6. A determination needs ' to be made if the current plan
reflects the ideas and goals of the present community
leadership.
7. Policies for on-site sewage treatment systems located
outside the urban service area should be included in the
Comprehensive Plan. Likewise if additional regulatory
ordinance amendments are needed these should occur as an
outgrowth of the Comprehensive Plan amendment.
8. Future park needs should be adequately addressed in the
plan. Sound justification must be provided for park land
exactions (dedication) and dedication fees need to be
adjusted to reflect current needs.
WORK PROGRAM:
Following is a general work program and description of tasks
to be included in the Comprehensive Plan Update. The
Comprehensive Plan Update must comply with all requirements of
the Metropolitan Council, as well as meet the needs of the City
of Shakopee.
1. Collection of Data - The following data need to be collected
as an initial step for preparation of the update:
a. Research and analysis of census and demographic data,
existing plans and documents, etc.
b. An inventory of existing housing and land use in the
City.
C. Public input into the needs and goals of the City to be
determined, lst a satistical random sample survey of
community needs/attitudes/goals followed by town
meetings, and input from advisory commission(s) .
2. The Draft Plan - The consultant shall prepare a draft of the
updated comprehensive plan to meet all requirements of the
Metropolitan Council. The draft of the plan shall at a
minimum include the following items:
a. An introduction containing the need for the plan and
the process used inpreparingthe plan.
b. Background data, demographics, information on the
community relating to housing, population, employment,
etc.
C. Planning Issues - a chapter dealing with current
issues/concerns, needs and goals of the community.
This section should reflect the interrelationship of
the following chapters and a process for coordination
of the implementa;.ion strategies of each individual
chapter. Also the impact of the City's large
recreation industry needs to be assessed.
d. Land Use Plan - this chapter shall serve as a plan for
land use in the future within the City. It shall
contain an inventory and analysis of existing land
uses, land use trends, development
limitations/potentials such as; natural resources,
infrastructure, etc. This section shall also contain
goals, objectives, policies and an implementation
strategy for the proposed land use plan. The chapter
shall also contain future land uses and projected dates
for development of particular areas of the community.
e. Housing Plan - this chapter shall contain an inventory
and analysis of existing housing and housing conditions
and needs. The chapter shall also contain goals,
objectives, policies, and an implementation strategy
for achieving these.
f. Transportation Plan - this chapter shall include
information on the existing transportation system
- within the community, future needs, and proposed
transportation systems for the future. The chapter
shall also include goals, objectives, policies and an
implementation strategy for these. This chapter in
addition should include specific traffic circulation
plans.
g. Surface wat r Drainage - this chapter shall include
information on the existing system, current and future
needs for surface water drainage. The chapter shall
also include goals, objectives, policies and an
implementation strategy for these. The chapter shall
also include a proposed future plan for surface water
drainage and timing for new improvements to the system.
h. Sanitary Sewer Plan - this chapter shall include
information on the existing system and future sewer
needs of the community.It shall also contain goals and
objectives, policies and an implementation strategy for
achieving these. A plan for future sewer extensions
and calculations for these. This section of the plan
should also address specifically policies for on-site
sewage treatment systems within the City. The
methodology for this section shall be acceptable to the
Metropolitan Waste Control Commission, the Metropolitan
Council and the Shakopee City Engineer.
i. Community Facilities/Parks Plan - this chapter shall
contain an inventory and analysis of the existing
system and projected future needs. The chapter shall
also include goals and objectives, policies and an
implementation stre" egy for these. The future plan for
park and community facility improvements including
locations and phasing of future parks, a development
plan for parks and community facilities and the
justification for exactions necessary to implement the
plan.
j . Capital Improvement Plan - this chapter shall
incorporate the City's Five Year Capital Improvements
Program into the Comprehensive Plan.
3. The consultant shall present the draft documents and
background materials to appointed committeess, the Planning
Commission, City Council and Town Meetings at which time
these documents shall be reviewed.
4. The consultants shall revise and finalize the various
chapters of the plan as needed based on input for the public
meetings and meetings with the City Commissions and Council.
5. The consultant shall submit and respond when required to
submit the document to the Metropolitan Council for their
approval and shall respond as necessary to concerns raised
by the Metropolitan Council.
6. The base maps produced to the plan shall be compatible with
the City's CAD system.
7. The final plan report shall be made available to the City
both in report form and on floppy discs which are compatible
with the City's computer system. Special attention will be
given to the possibility of using a P.C. desk top publishing
system.
SUBMISSION REQUIREMENTS
The proposal submitted to the City by the consultant shall
contain the following items:
1. A Narrative - The narrative shall describe the firms
philosophy and methodology for completing the project. The
narrative section shall also contain additional information
on how the firm envisions the project and any additional
information which the firm feels uniquely qualifies them for
the undertaking of the project and sets them apart from
other firms which maybe submitting proposals.
2. Work Program - The consultant shall provide a detailed work
program outlining the various tasks to be accomplished,
staff responsibility for accomplishing individual tasks,
methodology to be used by the consultant, and a time frame
for completion of each of these elements.
3. Cost - The consultant shall provide a breakdown of all costs
to the City for completion of the project. This breakdown
Of costs shall include estimated costs for each element of
the project and a detailed description of basis for the
charges for services by the consultant. This section shall
also include a maximum not to exceed cost for completion of
the entire project.
4. Qualifications - The consultant shall provide description of
the qualifications of the company including other projects
of a similar nature undertaken by the firm. The
qualifications sections shall also include resumes for each
of the staff assigned to work on the project.
5. References - The consultant shall provide names of other
cities/clients for which similar projects have been
completed. These reference lists should also include the
name of a contact person, address and phone number for
contact person.
TIME SCHEDULE FOR SELECTION OF THE CONSULTANT
The following schedule is proposed for the review of the
Request for Proposals and subsequent actions.
1. March 2, 1988 - Request for proposals shall be sent to
interested consultants.
2. March 28, 1988 - Proposals must be submitted by 12:00 noon.
3. April 4-6, 1988 - Staff review of proposals and selection of
2-5 consultants to be interviewed.
4. April 8-12, 1988 - The City shall interview 2-5 consultants,
and make a recommendation to the City Council regarding the
consultant to be utilized.
5. April 19, 1988 - The City Council approves selection of the
consultant for the project.
6. April 20, 1988 - The City enters into a contract with the
consultant for undertaking the project. The project begins.
SUBMISSION OF PROPOSALS
All proposals must be submitted to the City of Shakopee,
Community Development Department, 129 East First Avenue,
Shakopee, MN 55379, no later than 12:00 noon on March 28, 1988.
The City of Shakopee reserves the right to alter the work
program, time schedule, work to be done in-house by City staff,
as well as to negotiate with the individual consultant on any of
these items and costs to the City for their completion.
Any questions regarding this request for proposals or the
project should be directed to either Dennis Kraft or Douglas Wise
at (612) 445-3650.
a: f
A�. �FI�iD�iPP (rDttiltilint2g f9PYtttLPB
129 Levee Drive
Shakopee, Minnesota 55379
Phone 4452742
Community Education • Parks • Recreation • Adult Education
Memo To: John K. Anderson, Administrator-City Of Shakopee
From George F. Muenchow, Director-Shakopee Community Recreation
Subject: Youth Baseball/Softball Athletic Field Rennovation-Maintenance Agreement
Date February 25, 1988
Introduction
Shakopee Community Recreation administers baseball and softball programs for
approximately 726 boys and girls, ages 7-16 years of age. These summer activities
are conducted on both school and city property. The Shakopee Youth Baseball/
Softball Association is the operating agency functioning under the umbrella of
Shakopee Community Recreation.
For many years these programs and the facilities that they use were the envy
of this region. Just as in most other facets of life, the facilities eventually
get worn out and the playing surface no longer remains at the desired standard
for good and safe play.
Shakopee Community Recreation is an operating agency. Maintenance of school
and city facilities is the responsibility of the respective owners. Since
the Schools do not own or operate equipment used for "dragging" infields,
for many years City Park Personnel performed this function on the school
fields as a service to S.C.R. In recent years because of time constrictions
while working on City Park property, park personnel have found it to be more
difficult to do this "dragging" on school property. This lowering of regular
maintenance standards together with the previously mentioned "wearing out"
problem has brought us to the current serious situation. A plan of action
is needed and a written agreement must be accomplished. This memo is intended
to resolve this dilemma.
Background
During the past year S.C.R. Staff have met with the affected parties (School
Staff, City Staff, B.B./S.B. Assn. Leaders, and Lions Club Representatives)
to develop a plan. The plan includes:
1. Out of pocket funding.. . . .Up to $6,000.00 will be supplied by the
Lions Club. Up to $3,000.00 will be supplied by the Youth Baseball/
Softball Association.
2. Infield (School Facilities)/Renovation Labor & Equipment. . . . .To be
spearheaded by City Of Shakopee Park Department.
a. Renew 3 softball fields at Sr High School (72 bra)
b. Upgrade 3 softball/baseball fields at Pearson School (24 bra)
C. Upgrade 3 softball/baseball fields at Sweeney School (48 bra)
d. Upgrade (patch) four softball fields at Jr High School (24 bra)
e. Erect Players Benches at all fields. (96 bra)
3. Replacement Backstops.. . . .To be spearheaded by City Of Shakopee Park
Department in August.
a. Three fields at Sweeney School. (80 bra)
4. Infield Rennovation (City Facilities) Labor 6 Equipment. . . . .To be
spearheaded by City of Shakopee Park Department in August.
A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954
a. Renew Riverview Park (120 hrs)
5. Regular Maintenance Agreement
a. City Park Department will "drag" and "manicure" all school and City
Baseball/Softball Infields on a regular basis. (Monday through Thursday
and Fridays when needed.) A special parttime reliable worker will
be hired specifically for this purpose, beginning in April.
b. Baseball/Softball Association Members will "manicure" infield "bare
spots" as needed at the Jr High School Fields.
c. City Park Personnel will cut grass on City baseball/softball fields
as needed (maximum height of 1j" to be used as a guide) .
d. School Personnel will cut grass on School Baseball/Softball Fields
as needed (maximum height of 1}" to be used as a guide.).
e. City Park Personnel will drag infields of selected fields used by
School for extra curricular baseball and softball programs of the
Jr and Sr High Schools in May and June.
f. All liming of infield base paths when required will be done by school
personnel for school games and by Baseball/Softball Assn. personnel
for their games.
Alternatives
1. Encourage all parties to agree to proposed Agreement as stated.
2. Deny Agreement Proposal.
3. Agree to an agreement somewhere between complete agreement and denial.
Recommendation
Agree to Youth Baseball/Softball Athletic Field Rennovation-Maintenance
Agreement as proposed.
Action
Move to authorize the proper City Officials to enter into an agreement with
the Shakopee Schools, the Shakopee Youth Baseball/Softball Association, and
the Shakopee Lions Club for the purpose of upgrading and maintaining youth
baseball/softball facilities used in the Shakopee Community Recreation Program.
March 1, 1988
CITY OF SHAKOPEE MUNICIPAL SWIMMING POOL/WATER SLIDE
1988 PROGRAM/PLAN
A_ INTRODUCTION
The Municipal Outdoor Swimming Pool located in Lions Park first used in
1969, has been a summer focal point for thousands of fun seekers,
swimmers and sunbathers. For a number of years the facility was able to
meet on-site coats from revenues generated. In the past ten years this
has not happened. It was anticipated that with the installation and
operation of the Water Slide that this deficit operation would no
longer exist. This did not happen for various reasons. It is hoped that
an increase in revenue will occur eventually. The City has operated the
pool as a major service to its constituents. The goal has been to
provide a pleasurable, safe atmosphere of fun and instruction with a
minimum of subsidy.
B__BACKGRDUND
1. Weather conditions are a major factor that determines to what extent
the pool is used each summer. If the temperature Boars into the 80's,
90'e and above people will flock to the pool 1n great numbers. If not,
they won't.
2. Economic conditions seem to provide a framework of a wait-and-see
attitude on the part of many potential pool users. There is a hesitancy
to buy season tickets if there is a possible chance that they can get
by purchasing only a few daily tickets instead. Cold weather at the
beginning of a season is the culprit that stimulates this thinking.
3. Season ticket Bales have leveled off in recent years.
4. Lessons registrations also seem to have leveled off.
5. The 1988 Swimming Pool Budget is predicated upon bare bones
operation mirrored after experiences of recent years. Emphasis on
safety will remain most important! In 1984 a deficit was budgeted at
920, 650 with the actual deficit being 17, 844. The 1985 deficit was
difficult to ascertain because of the blending in of water slide
capital expenses. In 1966 the deficit was approximately 932, 000. In
1987 the deficit was 917, 700. The anticipated 1988 excess of expense
over revenue is thought to be 925, 750.
G. Free Season Tickets and Leeson Instructions are available to
residents who qualify for the School Free Lunch Program.
C. PROPOSED HOURS OF USAGE FOR SUKMER 1988
1. The season will begin Saturday June 11, and conclude Sunday, August
21 - 72 days. Seven days less than 1967 because of the late ending of
school this year.
2. Staff will meet for a few hours (paid time) prior to the start of
the season to prepare facilites and participate in staff training.
3. The pool will be available for open swimming from 1 :00-4:20 pm,
6:30-8:20 pm weekdays and 1 :00-7:00 pm weekends, dependent upon weather
until August 12. Thereafter the hours will be from 1 :00-7:00 pm each
day.
alt
1988 CITY OF SHAKOPEE- MUNICIPAL SWIMMING POOL/WATER SLIDE PROGRAM/PLAN
Page 2
4. Swimming Instruction will be from June 20 - August 12 weekdays.
Hours are 10:15 am - 12:25 pm b 5:30 - 6:10 pm. Lessons are in blacks
of two week periods, 40 minutes per day. They follow the Red Cross
Program: Tiny Tots and Beginners through Advanced Lifesaving. The
Advanced Lifesaving Course and Basic Rescue 6 Water Safety are four
weeks in duration. During the first four week session Basic Rescue 8
Water Safety will be offered, during the second four week session
Advanced Lifesaving will be offered.
5. The pool is available to organized responsible groups to reserve the
pool for private splash parties beyond regular hours. The fee for these
groups is 950 for 1 1/2 hours or 91/per person, whichever sum is
greater. If the water slide is to be included, the group fee will be
9100 or 82/per person whichever is greater.
D__PROPOSED_PERSONNEL_1988
The staff will consist of a Manager, Assistant Manager, Cashier, 8
Guards/Instructors, 6 Aides, and a backup crew of part-time employees.
Each of these personnel are scheduled on a regular baste as needed. All
perform important functions. They are paid only when they work.
Action Requested
Move to approve the City of Shakopee Municipal Swimming Pool/
WaterSlide 1988 Program/Plan dated March 1, 1988.
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F. 1988 SHAKOPEE MUNICIPAL SWIMMING POOL BUDGET � I
1987 CITY OF SHAKOPEE 1984 1985 1986 1987 1988
ACTUAL ACTUAL ACTUAL ACTUAL APPROP.
4100 Salaries FT 4868 7106 4865.65 2966 6500
4112 Overtime-Ft 117 221 35
4130 Temp. 25163 30389 35870.23 34668 40000
4140 PERA 262 309 205.22 123 350
4141 FICA 363 513 345. 23 207 550
4143 Pensions-Medicare 500. 11 467 565
4150 Health d LIfe Ins. 429 635 434. 56 258 585
4151 Worksens Com. Ins. 571 1010 1036.00 1125 1500
TOTAL PERSONAL SERVICES 31773 40183 38391.35 39849 5050
4210 Supplies 3101 5102 3887. 48 3571 6000
4215 Surface Materials 154
4230 Building Maint. 804 3238 5229.91 3094 5200
4232 Equip. Maint. A Repair 3015 495 8734.36 7664 5500
4310 Prof. Services 275
4319 Promotions 107
4321 Telephone 296 200 227.45 186 300
4330 Travel d Subsisten 257
4350 Printing L Publishing 164 640 323.47 257 700
4360 Insurance 1067 2987 2969.72 5616 3500
4370 Utilities 4260 6774 9637.82 11145 6500
4380 Rents 120
4395 Merchandise 3999 3979 5839.54 6018 5500
4411 Current Use Charge 1500 1500 1500.00 1500
TOTAL SUPPLIES 6 SERVICES 18206 25553 38349.75 37826 34700
4511 Capital Equipment 2557 162505 1119.00 275 1500
TOTAL CAPITAL EQUIPMENT 2557 162505 1119. 00 275 1500
TOTAL THIS DIVISION 52536 228241 77860. 10 77950 86250
irk
G. PROPOSED WAGES
POSITION I 1984 1985 1986 1987 PROPOSED 1988
1. Aides 93.10-3.50 93. 10-3.50 93. 10-3.50 93. 10-9 3. 50 93.30-3.70
S on duty at one time
Concession, Bag Room t Shovers
2. Guards/Instructora 94. 15-4.55 84. 15-4.55 94.25-4.70 94.25-4.70 94.70-5. 25
7 an duty at one time
3. Cashier 94. 15-4.55 94. 15.4.55 94.25-4.70 94.25-4.70 94.70-5. 25
(1)
4. Manager 95.00-5.50 95.20-5.75 95. 30-5.90 95. 30-5.90 96.00-6.50
(l)
5. Asat. Manager 95.00-5.50 95.20-5.75 $5.30-5.90 95.30-5.90 95.AO-6.25
111
H. PROPOSED FEES
1. Family Season
Ticket 929.00 929.00 929.00 932.00 932.00
2. Individual Season
Ticket 917.00 917.00 917.00 917.00 917. 00
3. Guest Ticket
l7 day out of torn gueet)
Family 910.00 910.00910.00 910.00 ----
Individual 94.00 94.00 94.00 94.00 ----
47-gFnior Citizens
(age 60.) FREE FREE FREE FREE FREE
Gate:
Children (under 19) 91.00 91.00 91.00 91.00 91.00
(under age 1) FREE FREE FREE FREE FREE
Adults 91.25 91.25 91.25 91.25 91.25
I_ RECOMMENDATION
1. Conduct a 10 week season at the Shakopee Municipal Swimming pool the
Summer of 1988 with fees and hours as recommended by staff:
Open: June 11 - August 21
June 11 - August 12 : Weekdays 1 :00 pm - 4:20 pm
6:30 pm - 8:20 pm
Weekends 1:00 pm - 7:00 pm
August 13 - August 21 Weekdays 8 Weekends 1 :00 pm - 7:00 pm
Gate Admissions: Daily - Children (under 19) S 1. 00
Adults 1. 25
Season Tickets: Family 4 32. 00
Individual 17. 00
Sr. Citizens FREE
Age 1 8 under FREE
Instruction: June 20 - August 12
Children 4 12. 00 per/two week session
2. Water Slide Fees: One day (afternoon or evening) session pees 5 3. 00
Tickets (4 rides ) . . . . . . . . . . . . . . . . . . . . . . . . 1. 00
3. Grant Free season tickets and swim instruction ( 1 lesson session per
individual) to residents that qualify for the School District #720 Free
Lunch Program.
4. Wages shall be : Position(s) Beginning Experienced
Aides 6 3. 30 9 3. 70
Guards/Instructors 4. 70 5. 25
Cashiers 4. 70 5. 25
Asst. Manager 5. 60 6. 25
Manager 6. 00 6. 50
5. Group Pool Rental (1 1/2 hours) : 5 50. 00 or 4 1. 00/per person
whichever is greater.
6. Group Pool & Water Slide Rental ( 1 1/2 hours) : 9 100. 00 or 9
2. 00/per person whichever is greater.
7. Aggressive marketing shall take place wherever possible to encourage
maximum usage of the swimming pool complex.
WKSPEE
MUNICIPAL SWIMMING POOL
OPEN SWIMMING - SWMM NSTRUCTK)N - WATERSLIDE FUN
PROPOSED 1988
FEATURING
OPEN SWIMMING
WATERSLRDE FUN a o0
t , v
SWIMMING LESSONS
OPEN
JUNE U - AUGUST 21
(10 weeks)
POOL HOURS
JUNE 11 - AUGUST 12: WEEKDAYS 1:00 PM - 4:20 PM
6:30 PM - 8:20 PM
WEEKENDS 1:00 PM - 7:00 PM
AUGUST 13 -ALGUSP 21: WEEKDAYS & WEEKENDS 1:00 P.M. - 7:00 P.M.
POOL FEES WATERSLIDE FEES
Daily Admission: 4 Ride Ticket $1.00
Children (under 19) $1.00 Unlimited Rides per afternoon or
Adults 1.25 evening session $3.00
SEASON PASS FOR POOL INSTRUCTION
Family $32.00 JUNE 20 - AUGUST 12 (8 weeks)
Individual 17.00 (10: 15 - 12:25 & 5:30 - 6:10)
(two week intervals)
FEES
,5DVJ$h smash $12.00 Per/Two week session
waleasefide
it's cool & Its fun)
SHAKOPEE MUNICIPAL SWIMMING
POOL - LOCATED N SHAKOPEE'S LIONS PARK
WEST 11TH A/E & ADAMS ST. FOR FURTHER INFORMATION CON ACT:
SHAKOPEE COMMUNITY RECREATION -445-2742
II .A,
MEMO TO: John K. Anderson, City Administrator
FROM: Ray Ruuska, Engineering Coordinator �Z
SUBJECT: Marschall Rd./C.R. 16 Signals (Gorman Street)
DATE: February 22 , 1988
INTRODUCTION:
Scott County proposes to install signal lights at the
intersection of Marschall Rd. and C.R. 16 (Gorman St. )
BACKGROUND:
The result of traffic studies taken at the intersection indicates
that traffic signal warrants have been satisfied. Consequently,
a fully actuated traffic signal system complete with Walk-Don' t
Walk indicators and pedestrian push buttons has been tentatively
programmed for installation in 1988.
According to County cost participation policy, the City is
responsible for only those intersecting legs which are City
streets. All legs are County except Gorman Street, therefore,
the City' s cost is as follows:
Estimated Construction Cost $70,000.00
City Cost (25%) 17,500.00
Engineering Cost (14% of City Share) - 2.450 .00
Estimated Total City Cost $19,950.00
Attached are two copies of Cooperative Agreement No. 8803 between
the City of Shakopee and Scott County for the installation and
operation of the signal system. The City cost would be funded by
the Capital Improvement Fund.
The Capital Improvement Fund (C.I.F. ) has $835,000.00 in cash at
the beginning of 1988. There is $888,850 .00 earmarked for City
Hall . There will be about $680 , 000 .00 in cash available for
transfer into the C.I.F. from special assessment debt service
funds whose bonds are paid off March 1 , 1988 . Therefore ,
although the signals are not budgeted in the C. I.F. for 1988 ,
this type of project is partly the purpose of the C. I.F. and
there are funds available in 1988 for the signals.
RECOMMENDATION:
It is recommended that the City enter into Cooperative Agreement
No. 8803 providing for the installation, funding and maintenance
of traffic control signals at the intersection of Marschall Road
and Gorman Street.
Signals
February 22, 1988
Page 2
REQUESTED ACTION:
Move to authorize the appropriate City officials to execute
Cooperative Agreement No. 8803 between the City of Shakopee and
Scott County which provides for the installation, funding and
maintenance of a traffic control signal system at the
intersection of Marschall Road and Gorman Street with funding of
City of Shakopee' s share by the Capital Improvement Fund.
RR/pmp
SIGNALS
Agreement No. 8803
State Aid Project No. 70-617-10
CHAR 17 at CSAH 16/Gorman Street
City of Shakopee
County of Scott
AGREEMENT
FOR
PARTICIPATION IN THE CONSTRUCTION AND
OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM
AND INTEGRAL STREET LIGHT
THIS AGREEMENT, Made and entered into this _ day of —, 19_, by
and between the County of Scott, a body politic and corporate under the
laws of the State of Minnesota, hereinafter referred to as the mCountym
and the City of Shakopeer a body politic and corporate under the laws of
the State of Minnesota, hereinafter referred to as the 'City".
WITNESSETH:
WHEREAS, It is considered mutually desirable to install a full traffic
actuated traffic control signal system with mast arms and integral street _
lights at the intersection of County State Aid Highway No. 17 and County
State Aid Highway No. 16/Gorman Street within the City; and
WHEREAS, The City has expressed its willingness to participate in the
construction and operating cost of said signal system and integral street
lights; and
_ 1 _
Agreement No. 8803
WHEREAS, Said work shall be carried out by the parties hereto under
the provisions of M.S. Sec. 162.17.
NOW, THEREFORE, IT IS AGREED� AS FOLLOWS:
I
The County shall prepare the necessary plans, specifications, and
proposals; shall perform the required engineering and inspection; and
shall install, or cause the installation of a full-traffic actuated
traffic control signal system with mast arms and integral street lights at
the intersection of County State Aid Highway No. 17 and County State Aid
Highway No. 16/Gorman Street. Such installation, as described immediately
above, shall be identified and accomplished under State Aid Project No.
70-617-10, hereinafter referred to as the 'project' , all in accordance
with said project plans and specifications which plans and specifications
are by this reference made a part hereof.
II
The term specifications as used herein shall mean the 1983 Edition of
the Minnesota Department of Transportation •Standard Specifications for
Construction" and the project special provisions.
- 2 -
Agreement No. 8603
III
The City agrees that any City license required to perform electrical
work within the City shall be issued to the Contractor or the County at no
cost to the Contractor or the County. Electrical inspection fees shall be
not more than those established by the State Board of Electricity in the
most recently recorded Electrical Inspection Fee Schedule. All permits,
fees, bonds, etc. , required by the City shall be issued to the Contractor
or the County at no cost to the Contractor or the County.
IV
The City shall install, or cause the installation of an adequate three
wire, 120/240 Volt, single phase, alternating current electrical power
connection to the controller cabinet of the project at the sole cost and
expense of the City.
The City shall provide the electrical energy for the operation of the
traffic control signal system and integral street lights to be installed
under the project, all at the sole cost and expense of the City.
V
The County shall advertise for bids for the construction of this
project, receive and open bids pursuant to said advertisement and enter
into a contract with the successfull bidder at the unit prices specified
in the bid of such a bidder, according to law in such case provided for
counties. The contract is in form and includes the plans and
specifications prepared by the County or its agents, which said plans and
specifications are by reference made a part hereof.
3
Agreement No. 8803
VI
The construction cost of the project shall be the contract cost. It
is understood that the estimated construction cost stated hereinafter is
for informational purposes only.
The estimated construction cost of this project is $70,000.00.
VIZ
The City shall, as its share of the construction costs, pay the County
twenty-five percent (258) of the actual construction cost of ,the traffic
control signal system with integral street lights, plus fourteen percent
(148) of such share as payment for Engineering and inspection of the State
Aid Project No. 70-617-10.
The City shall, based on the contract price, deposit with the Scott
County Treasurer ninety percent (908) of the estimated City's share of the
construction and engineering costs as partial payment within thirty (30) .
days after award of contract.
4 -
Agreement No. 8803 11
The remaining amount of the City's share of construction and
engineering costs of this project shall be paid to the County upon
completion of the project and submittal to the City of the County's final,
itemized, statement of the project costs.
In the event the partial payment exceeds the City's share of these
final costs, such overpayment shall be returned to the City by the County.
VIII
The City shall not revise by addition or deletion, nor alter or adjust
any component, part, sequence, or timing of the aforesaid traffic control
signal system; however, nothing herein shall be construed as restraint of
prompt, prudent action by properly constituted authorities in situations
where a part of such traffic control signal system may be directly
involved in an emergency.
IR
Upon completion of the work, the County shall maintain and repair said
traffic control signal system at the sole cost and expense of the County.
Further, the County shall maintain the integral street lights for the City
except for maintaining photoelectrical controls, relamping, glassware, and
cleaning of the glassware thereof.
- 5
Agreement No. 8803
X
The construction of this project shall be under the supervision and
direction of the County. However, the City Engineer shall cooperate with
the County Engineer and his staff at their request to the extent
necessary, but shall have no responsibility for the supervision of the
work.
XI
It is further agreed that the County shall not be responsible or
liable to the City or to any other person or persons whomsoever for
claims, damages, action, or cause of action of any kind or character
arising out of, allegedly arising out of or by reason of the performance,
negligent performance or nonperformance of any work or part hereof by the
City as provided for herein; and the City further agrees to defend at its
sole cost and expense any action or proceeding commenced for the purpose
of asserting any claim of whatsoever character arising in connection with
or by virtue of performance, negligent performance or nonperformance
hereunder by the City.
It is further agreed that the City shall not be responsible or liable
to the County or to any other person or persons whomsoever for claims,
damages, action, or cause of action of any kind or character arising out
of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of any work or part hereof by the County as
- 6 -
Agreement No. 8803 I �
provided for herein; and the County further agrees to defend at its sole
cost and expense any action or proceeding commenced for the purpose of
asserting any claim of whatsoever character arising in connection with or
by virtue of performance, negligent performance or nonperformance
hereunder by the County.
It is further agreed that any and all employees of the City and all
other persons engaged by the City in the performance of any work or
services required or provided for herein to be performed by the City shall
not be considered employees, agents or independent contractors of the
County, and that any and all claims that may or might arise under the
Worker's Compensation Act or the Unemployment Compensation Act of the
State of Minnesota on behalf of said City employees while so engaged and
any and all claims made by any third parties as a consequence of any act
or omission on the part of said City employees while so engaged on any of
the work or services provided to be rendered herein shall be the sole
responsibility of the City and shall in no way be the obligation or
responsibility of the County.
Any and all employees of the County and all other persons engaged by -
the County in the performance of any work or services required or provided
for herein to be performed by the County shall not be considered
employees, agents or independent contractors of the City, and that any and
- 7 -
Agreement No. 8803
all claims that may or might arise under the Worker's Compensation Act or
the Unemployment Compensation Act of the State of Minnesota on behalf of
said County employees while so engaged and any and all claims made by any
third parties as a consequence of any act or omission on the part of said
County employees while so engaged on any of the work or services provided
to be rendered herein shall be the sole responsibility of the County and
shall in no way be the obligation or responsibility of the City.
%II
The provisions of M.S. 181.59 and of any applicable local ordinance
relating to Civil Rights and discrimination and the affirmative action
policy statement of Scott County shall be considered a part of this
agreement as though fully set forth herein.
8 _
Agreement No. 8803
State Aid Project No. 70-617-10
CHAS 17 at CSAH 16/Gorman Street
City of Shakopee
County of Scott
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to
be executed by their respective duly authorized officers as of the day and
year first above written.
CITY OF SHAXOPEE
By
Mayor
(SEAL) Date
And
City Administrator
Date
COUNTY OF SCOTT
ATTEST:
By By
County Administrator Chairman of Its County Board
Date Date
Upon proper execution, this agreement
will be legally valid and binding.
By
County Attorney
RECOMMENDED FOR APPROVAL:
Date By
County Engineer
Date
APPROVED AS TO EXECUTION:
By
County Attorney
Date
9 _
114
MEMO TO: City Council '
FROM: John Anderson, City Administrator
RE: Assessor's Position
DATE: February 26, 1988
INTRODUCTION•
As you directed, we have investigated the cost of retrieving the
Assessor's position and placing it back in City Hall to enable
Council to deal more effectively with taxpayer complaints.
BACKGROUND•
We are currently contracting with Scott County for the Assessor' s
services for the sum of $4.50 per parcel plus 10% beginning in
1988; or $4.95 per parcel.
The City had 4, 195 parcels in 1987. It cost the City $18, 887.00.
There will be approximately 200 more parcels in 1988 and the cost
will be $4.95 per parcel or $21,755.00. The County also charges
the City along with all County taxpayers, for the portion of
services not covered by fees through a mill levy?
To retrieve the Assessor's position we estimate the following
costs to the City:
Assessor: $ 30, 000
Secretary: $ 21, 000
Part time field person: $ 15, 000
Schools $ 500
Supplies $ 11000
Total: $ 73,500
A second question is where to locate the department. There are a
number of options available: 1) second floor of City Hall; 2)
rent space at an estimated cost of $10. 00 per sq. ft. [the
department would require approximately 240 sq. ft. ] ; 3) second
floor of the Police Dept. or 4) move one of the present
departments to the second floor of City Hall or the Police Dept.
and have the Assessor utilize the vacated ground floor space.
A third question that should be discussed is; why would Council
retrieve the position? There are a number of reasons that might
justify it. They are:
1. Poor quality in the assessment (uniformity, level of
assessment both within the City and County) . The City
has been given blanket increase from the State Tax
Dept. because of low ratios for commercial, ag and
residential property.
2. Lack of legal qualification by the present person doing
our work to do mor€complex assessments. Our present
County Assessor is only certified and has not met the
standards for accreditation.
3. Poor communication by the assigned assessor with our
taxpayers, as the Council received complaints regarding
verbal abuse of the taxpayer or uncommunicative in
dealings and belligerent behavior. Has the assessor
been honest in dealings with the Board of Review and
the taxpayer?
4. Is our work completed in a timely, cost effective
manner? Does the Assessor provide all reports
requested of him by Council or the Administrator? Is
he delivering a service that is accurate and cost
effective? How many taxpayer petitions are resolved by
negotiations rather then District Tax Court, and how
often has the Tax Court found in favor of the taxpayer
instead of the assessor?
SUMMARY:
There is no doubt that our contract with the County for assessing
is far cheaper then the amount the City would need to do the
assessing. On the other hand, by retrieving it, Council might
improve the quality of the assessment and make it more responsive
to the City taxpayer. However, Council would also be more
accessible to the taxpayer for valuation complaints.
ALTERNATIVES:
There are a couple of options open to Council. They are:
1. Retrieve the assessment and set up an Assessor's Department.
2. Leave it where it is.
3. Leave it where it is and request the County switch the
present assessor assigned for Shakopee.
4. Advertise for a contract Assessor on a per parcel basis and
require a minimum qualification of accreditation and/or an
institute or society designation.
5. Leave it where it is for one year notifying the County that
if the number of complaints continue Council will select
alternative 1, 3 or 4.
RECOMMENDATION•
I have contacted Don Martin, County Assessor, to explain that we
are reviewing our contract in light of complaints
received. We agreed that we should hold an open Council has
meeting for
Shakopee taxpayers so that they could appear to discuss their
complaints with Council. We would advertise the meeting and have
three Council members present and representatives from Don' s
office present. After the meeting the Committee of three Council
members could recommend one or more of the alternatives above for
Council action.
JRA:cah
MEMO TO: City Council
FROM: LeRoy Houser, Building Official
RE: Sewage Pumps - Memorial Park
DATE: February 26, 1988
INTRODUCTION:
I authorized the installation of the two new sewage pumps at
Memorial Park for the City' s comfort station. After contacting
three pump companies, only Waldor Pump had the time for the job.
The attached request for payment was delayed because the billing
was sent to the Chamber and back to the City a number of times.
BACKGROUND•
At the planning stages of the chamber building I was under the
impression the existing pumps for our comfort station would
service the park and the chamber without problems.
After the project was started one pump went out. In talking to
Jim Karkanen, the pumps have always been a problem and never
worked properly. On learning this and in view of the pump
outage, I authorized two new pumps installed.
The chamber has agreed to pay one-half the cost of the pump
replacements. Bear in mind, the pumps would have had to be
replaced regardless of the chamber building going in or not.
ALTERNATIVES•
1. Have the City pay 1008 of the bill.
2. Have the City and Chamber each pay 506.
3. Have the Chamber pay the entire bill.
RECOMMENDATION•
I recommend alternative number 2 because both the City and
Chamber of Commerce are utilizing the pumps.
ACTION REQUESTED: .
Direct Finance to pay Waldor Pump $5,580 for Memorial Park
replacement pumps for our comfort station and the Chamber of
Commerce building, as per their agreement, from the Park Division
Fund.
LH:cah
Attachment
WALDOR PUMP Acw�N I� ��-�I•••�'__ p
97012 HMEM CO. !_ �� INVOICE N0. 91Z44
5700 XUMBOLOT AVE.SO. }+�� � '
MINNEAPOLB,MN.55=
PHMEME15aa-5354 -
INVOICE DATE
DISTRIBUTORS OF PUMPS.COMPRESSORS,ELECTRICAL CONTROLS
& INSTRUMENTATION.WATER&WASTEWATER TREATMENT EOUIPMEN-
SEND ALI.CORRESPONDENCE TO-MAILING BOX 20007 Cite of Shakopee
MPLS.,MINN.55420 SH IF TO
Rest Area Lift Statim
162200
Shakopee. Y`:
SOLD TO Lite of Shakopee
124 First Ave. MARKS per la;x, Hauser
Snakooee. LI`. 55379 .
SALESMAN WST.ORpER NO. OVR ORDER NO. PPD. COL. GPD:FRT.
}� P Q}SFAT_ 1SS. E 19515 ADD ALLOWEO
"llygt" IT30F5-266 230/1 2.0EP sub.. grinder :5.580.00
pucps vitt 15' cord
171-8c19G14 c 5/1+ 171-o6:xi;'-9
2 Cover-mtd. support & disc. away. v/ check and
gait valves and labor s
4 4 IIT:-10 Floats vitt 40' cord
1 1 hIWA 1 230/1 wall-ctd duplex coatrcl paaci
1
t
;I
DATESHIPPE 11NUMBER NIP ED VIF
t,PS
TOTAL
� aop ee CHAMBER OF COMMERCE
February 25, 1988
Mr. John Anderson
City Administrator
City of Shakopee
129 East First Avenue
Shakopee, MN 55379
RE: Chamber of Commerce
Memorial Park Sanitary Lift
Dear John:
This letter is to request partial payment of the attached
bill for installation of a new lift pump shared by the
Memorial Park rest facility and the Shakopee Area Chamber of
Commerce building.
At the time the Chamber of Commerce building was being
designed, plans were coordinated with the City to install
the sanitary sewer connection to the existing sanitary lift
at the rest facility in Memorial Park. At about the time
the sewer connection was being installed, we were advised by
Building Inspector LeRoy Houser, that the existing lift pump
at the rest faciltiy needed to be replaced. It was agreed
at that time that a new pump should be installed and the
cost of the pump would be split evenly by the Chamber and
the City. Due to a bit of confusion, this bill has not been
paid.
The Chamber requests this bill to Weldor Pump in the amount
of $5,580 be split to be paid $2,790 by the Chamber and
$2,790 by the City.
If you have any questions, please feel free to contact
Virgil Mears or me regarding this bill.
Very truly yours,
Gn
Timothy J. Keane
Shakope Area Chamber of Commerce
Building Committee
TJK:lb
Attachment
c.c. Bob Blenkush, Treasurer
1801 Trunk Hwy. 101 P.O. Box 203 Shakopee, Minnesota 55379 612-4451660
CDNSe- NT
S
TO: Mayor, Councilmembers
FROM: Tom Brownell, Chief of Police
RE: Used Vehicle Purchase
DATE: February 25, 1988
INTRODUCTION
For the past six years the department has purchased used vehicles
for investigative purposes.
BACKGROUND
The department has budgeted $8,500 in capital equipment funds.
As in the past due to our method of purchasing used vehicles,
staff is requesting authorization to accept quotations and
disburse funds not to exceed $8,500.
RECOMMENDATION:
Authorize staff to accept quotations and disburse funds not to
exceed $8,500.
COUNCIL ACTION REQUESTED:
Authorize staff to accept quotations and disburse funds not to
exceed $8,500 for the purchase of one used vehicle.
coN seNT Ilk
TO: Mayor, Councilmembers
FROM: Tom Brownell, Chief of Police
RE: Police Computer Purchase
DATE: February 25, 1988
INTRODUCTION
The Police Department has $10,000 in Capital Equipment funding
budgeted for 1988, to upgrade the departments computer system. -
BACKGROUND
Refer to attached memorandum presented and approved by the
computer committee. The department received two quotations for
the equipment.
1. AmeriData Systems, Inc. 10,767
2. Computer Exercise 7,927
RECOMMENDATION:
Authorize the Police Department to purchase computer terminals,
software and related hardware from Computer Exercise at a cost of
$7,927. as detailed in memorandum dated January 28, 1988.
COUNCIL ACTION R UESTED:
Authorize the Police Department to purchase computer terminals,
software and related hardware from Computer Exercise at a cost of
$7,927. as detailed in memorandum dated January 28, 1988.
To: Computer Committee, Citv of Shakopee
From: Sgt. Dennis Anderson
Date: January 26, 1568
Subject : Purchase of ComrPuter termina=E.. software and
related hardware.
This report addresses three areas relating to the police
Department computer system.
- The need tr_, expand the systern tadditional terminals)
- The need to upgrade certain hardware and peripheral=_
- The need to upgrade certain software
BACKGROUND:
The police Department purchased and installed a computer
system in the spring of 1986. The system consisted of one
IBM-AT, three IBM Pc' s and an IBM PC Network. The IBM-AT
served as a work station and file server. The three IRM-pC1s
were used as work stations at the two remaining secretarial
stations and in the Operations Room for use by the patrol
officers to use for reports and data retrieval.
In October, 1986 the Arneri-Data LES (Law Enforcement
System) , data storage and retrieval system. was installed.
The only cost of this software program was for training
personnel to operate it.
In February, 1987 the network was upgraded to a Novell
'1'86 Network to increase the speed of data processing and
retrieval. When this change was made the IBM-AT became a
dedicated file server and necessitated the removal of the
terminal from Operations to a secretarial station.
The IBM-AT is equipped with a 32MB hard disk with a
volume capacity of 31. 3MB. The LES data system programs use
approximately 6MB of space. Currently the system contains
approximately 21. 2MB of information and 10MB of free space.
It is estimated that 1MB to 1. 25MB of information is
added each month. This does not include reports and
miscellaneous information which is stored on 5. 25 floppy
disks. There are approximately 30 such disks full of this
type information which accounts for another 10MB of
information yearly. Thus, the total bytes of information
processed yearly amounts to approximately 25MB.
In addition, the police Department has added 1
additional secretarial position in 1988. This position does
not have a computer terminal at this time.
f
The system currently has three printers available:
- one Okidata Microline 84 (from engineering)
- one Okidata Microline 192
one NEC 7715 Spinwriter (Letter Quality)
The Okidata 192 is a small printer and is the only one
currently on the network. because of the volume of work sent
to this printer, it is not sufficiently constructed to handle
a large volume. The reason other printers are not on the
network is because the word processor, Professional Write, is
not a networkable program and requires extra work to send
programs thru the network to be printed. The NEC 7715 and
Microline 84 are used as stand alone printers on two of the
terminals.
An additional printer for more heavy duty purposes would
allow the connection of three printers to the network and
still maintain the quality of the reports that go outside the
department.
(another area of concern is the recent authorization by
the Scott County computer group to allow municipalities
within the county to interface with the Scott County
computer.
The authorization to interface with the county computer
will all the Police Department to retrieve Initial Complaint
Report (ICR) information, officers' daily logs and to send
and receive information from county offices ( ie. County
Attorney, Sheriff' Dept. and Courts) via electronic mail.
This could substantially increase the efficiency and
effectiveness of the Police Department and result in a
decrease in time spent by patrol officers delivering reports
to the County Attorney' s and Clerk of Courts offices for
prosecutorial purposes.
PROPOSAL:
To increase the efficiency and effectiveness of the
current Police Department computer system the following
recommendations are submitted for consideration:
1. The purchase of two additional work stations
- one for the added secretarial position
- one for the Operations Room
* The 2 new work stations would be equipped with
Tiara Arcnet hardware and software because of the
substantial savings over IPM network cards.
2. Upgrade the IBM-AT file server as follows:
- Upgrade current RAM from 640K to 2MB
* This is an upgrade recommended when the Novell
Network was installed to maintain the speed of
the network system.
- Install a 140MB hard disk in addition to the 32MB
hard disk on board.
* This installation will require transferring the
current data from the 32MB drive to the 140MB
drive and leave the 32MB drive to store reports
and miscellaneous information. (See software
upgrade)
• The 140MB hard disk is estimated to allow the
Police Department to store information for
R approximately 3. 5 to 5. 0 years, depending on the
increase in volume over that period of time,
without a need to upgrade this area.
3. The purchase of Multimate Advantage II LAN and two
additional user licenses.
The GFS-Professional Write word processor is not
suitable for the needs of the Police Department.
The main reason being that 90 per cent of reports
generated by the Police Department are formatted
reports and the PFS-Professional Write does not
accommodate forms fill-in.
4. The purchase of one additional printer.
+' The additional printer would be a model designed
for the heavy duty use that the Microline 192 is
now being used for and has been found to be
lacking in speed and durability.
The new printer, NEC 7715 and Microline 64 would
be installed on the network file server to
accommodate the new word processing software and
the huge amounts of daily, monthly and yearly
reports required to be printed.
S. The purchase of four internal modems and the
appropriate communications program.
These items would be installed to provide the
communications link between the Police Department
and the Scott County offices as described above.
6. Replace the three IBM-PC' s 8088 chips with the NEC
V20 chips.
- A relatively inexpensive item that should increase
the processing speed of the IPM-PC' s.
Attached are the quotes received from Ameri-Data and
Computer Exercise for the equipment described above.
The total for the necessary equipment from each firm is
as follows:
Ameri-Data $10, 767. 00
Computer Exercise $7927. 00 +t+t
* This price does not include installation, the two
additional word processor licenses or the three NEC
V20 chips. Installation would be billed on a service
call plus hourly rate. The installation would have to
be during working hogs, Monday thru Friday.
Approximate down time for our computer would be 9 to
15 hours.
+rte This price does not include installation.
Installation would be billed on an hourly rate.
Installation could be done on Saturday and Sunday and
would not affect the work schedule.
Some of the installation could be performed by myself.
I will not install the hard disk or transfer the
information from the 32MP drive to the 140MS drive.
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MEMO TO: Mayor and City Council
F
FROM: John K. Anderson, City Administrator
RE: Sales and Use Tax Letter Agreement
DATE: February 24, 1988
Introduction
Attached is a Letter of Agreement the City has received from Jon
G. Sarff an attorney who represents several un-named contractors
who worked in Shakopee prior to May 9, 1985, and paid an
unnecessary Sales and Use Tax. Mr. Sarff is under contract with
the un-named firms to recoup some of the Sales and Use Tax they
paid.
Background
Because of confusion in administering the State law many cities
and contractors providing work for cities, did not file for an
exemption from the State Sales and Use Tax. The payment of this
tax by the contractor in turn meant the payment of the tax by the
city which paid for the total project cost including tax.
As the attached agreement indicates the contractors, through Mr.
Sarff their attorney, did make a claim for refund and are
eligible for such a refund. The City could be eligible for the
refund if it had filed a claim as the appropriate time.
Shakopee, like the cities listed in the attached list from Mr.
Sarff and the longer list from the League, did not file a claim
for a refund. The City does not have the records now to use in
making a claim. Mr. Sarff has not identified his clients nor
will he, because the City could then conceivably reconstruct some
of the needed records and claim 100% of the refund.
Gregg Voxland has checked with the League of Minnesota Cities and
a few cities on the list provided by Mr. Sarff and agrees that it
is in Shakopee' s best interest to sign the Letter of Agreement
splitting the refund. This means that Shakopee will recover 508
of the Sales and Use Tax it paid through these contractors who
themselves paid the tax and pasted it on to the City. The
remaining 50% will be split between Mr. Sarff and his clients on
a 17. 5% to 32.5% basis.
Alternatives
1. The City can make an attempt to locate those firms that paid
the sales and use tax, then investigate whether we have
sufficient documentation to make a formal claim to the
State. Staff does not recommend this alternative because we
may expend a significant amount of time without any idea Of
the size of the refund we might ultimately be able to claim.
2. The City can contract with Mr. Sarff as have 31 other
cities, and allow his office to handle all of the paperwork.
This would permit the City to recoup 50% of the sales and
use tax paid for the projects in question. This would mean
a 50% return without any City effort. These are projects we
had not anticipated receiving any reimbursement on.
Recommendation
Gregg Voxland and I recommend alternative No. 2 for the reasons
discussed above.
Action Requested
Authorize the appropriate City officials to enter into a Sales
and Use Tax Letter Agreement with Mr. Jon G. Sarff, Attorney At
Law, 523 South Eighth Street, Minneapolis, MN 55404 for the
purpose of recovering 50% of the Sales and Use Tax incorrectly
paid by certain contractors doing work for the City of Shakopee
prior to May 9, 1985.
JKA/jms
i
ATTORNEY A- SAW
Jon G sarff 52950U HEIGHTH STREET
MINNEAP045.MINNESOTA 55COt
1E 12155 -1261
John Anderson February 2, 1988
City of Shakopee
129 E. 1st Ave. Z ;3
Shakopee, Mn. 55379
FEB I t 1968
G/]y Qrr
Re: Sales and Use Tax Letter Agreement SN,yKUpE
Dear Mr. Anderson:
I represent a number of contractors who wish to assist you in
recovering refunds of sales and use tax for the period prior to May
9, 1985. I£ you have not filed a claim for refund, you are
foreclosed from doing so at this time because of the applicable
statute of limitation. However, a claim for refund can still be
obtained through my clients who are willing to assist you in
consideration of your agreement to permit fee participation on the
-- terms-a-nd...conditions more fully described in this, Letter Agreement.
My clients will make their claims for refund of sales and use
tax available for your claim. I will provide you with legal advice
in regard to the submittal of the claim and I have retained an
independent public accounting firm (CPA) to assist us in the
submittal and audit of such claims with the Department of Revenue.
I will be responsible for the payment of fees to the referenced
public accounting firm. In consideration of the services provided,
you will pay the undersigned attorney 17.5% of all amounts of tax
and accrued interest thereon recovered by you. In consideration of
the services provided by my contractor clients, you will pay my
contractor clients an additional fee of 32.5% of all amounts of tax
and accrued interest thereon recovered by you. Thus, the aggregate
fee paid to the undersigned and my contractor clients shall be
fifty percent (50%) of all amounts recovered by you. You will keep
and retain fifty percent (50%) of all amounts recovered by you.
It is essential that you execute and return this Letter
Agreement to the undersigned as soon as possible in order to avoid
any prejudice to your claim under the applicable statute of
llmitatlons. If you have any questions, please contact the
undersigned.
Once this Letter Agreement is executed by you and returned to
my attention, I will contact you to arrange a time when your claim
for refund can be reviewed by you prior to its submittal on your
behalf. We are prepared to commence the preparation of your claim
within approximately 30 days of your acceptance of this Letter
Agreement.
THIS IS AN OFFER TO ENTER INTO A BINDING CONTRACT UNDER THE
TERMS AND CONDITIONS MORE FULLY DESCRIBED HEREIN. THE UNDERSIGNED
TAX-EXEMPT ENTITY DOES HEREBY AGREE TO ASSIST AND COOPERATE IN THE
RECOVERY OF SALES AND USE TAX REFUNDS FILED BY THE CONTRACTOR
CLIENTS OF JON G SARFF ON BEHALF OF THE TAX-EXEMPT ENTITY FOR THE
PERIOD PRIOR TO MAY 9, 1985. THE UNDERSIGNED TAX-EXEMPT ENTITY
DOES HEREBY AGREE TO PAY JON G SARFF 17.5$ AND HIS CONTRACTOR
CLIENTS 32 .5% OF ALL AMOUNTS OF TAX REFUND AND ACCRUED INTEREST
THEREON RECOVERED BY THE TAX-EXEMPT ENTITY (AGGREGATE OF 50%) .
Jon ar
AGREEMENT AND ACCEPTANCE:
The undersigned authorized representatives of the subject
tax-exempt entity do hereby agree to and accept on behalf of the
tax-exempt entity the offer more fully described above.
Tax-Exempt Entity
Authorized Representative Authorized Representative
STATE OF MINNESOTA )
COUNTY OF ) ss.
On this day of 1988, before me a notary
public within and for said county, personally appeared
and
to me Personally known, who being by me duly sworn did say that
they are respectively the
and
f the above-referenced tax-exempt
entity, and that said instrumeont was signed on behalf of said
tax-exempt entity by all persons required by the charter, articles,
ordinances, or other authorizing requirements of the tax-exempt
entity and that said authorized representatives did acknowledge
said instrument to be the free act and deed of the tax-exempt
entity.
11, 16380
CITIES THAT HAVE COMMITTED TO 50% PARTICIPATION AGREEMENTS
Eden Prairie
Blue Earth
Buffalo
New Prague
Mankato
St. Anthony
Hoyt Lakes
Red Wing
Oakdale
Richfield
Shoreview
Fergus Falls -
Osseo
New Brighton
Prior Lake
Champlin
Oak Park Heights
Alexandria
Lakeville
Hanska
International Falls
Saint Paul
Cottage Grove
Anoka
Falcon Heights
White Bear Lake
Northfield
St. Joseph
Pine City
Wadena
Bartell
Byron
North Roochiching Sewer Board
Jor� G SaTEf
ATTORNEY AT LPW
Jin G Sarff 523 SOUTH EIGHTH STREET
MINNEAPOLIS.MINNESOTA 55a"
IS 121332-12{1
February 24, 1988
I recently wrote you concerning an offer to assist the city in
recovering over payments of sales and use tax collected from
contractors during the 1981 to May 1985 period. You indicated
that the city was examining whether it could do so without
any assistance from the contractors. I am enclosing a copy of
recent correspondence from the Department of Revenue which,
I believe, clearly indicates that the subject refunds cannot
be effectively recovered without assistance from my clients.
In light of this new information, would you please reconsider
Your position and let me know whether you wish to have our
assistance. I have also attached a list of participating cities.
Thank you for your continuing consideration.
V
truly ours,
PIECEIVED
s n c sarf FEB2 51988
CITY- OF er:AK,D c
i
CITIES THAT HAVE COMMITTED TO 50% PARTICIPATION AGREEMENTS
Eden Prairie
Blue Earth
Buffalo
New Prague
Mankato
St. Anthony
Hoyt Lakes
Red Wing
Oakdale
Richfield
Shoreview
Fergus Falls
Osseo
New Brighton
Prior Lake
Champlin
Oak Park Heights
Alexandria
Lakeville
Hanska
International Falls
Saint Paul
Cottage Grove
Anoka
Falcon Heights
White Bear Lake
Northfield
St. Joseph
Pine City
Wadena
Sartell
Byron
North Koochiching Sewer Board
Park Rapids ,
Chisago
Minnetonka
Brainerd
v
n G Sa f
a
STATE OF MINNESOTA
DEPARTMENT Of REVENUE
Mail Station 6522
St . Paul, MN 55146-6522
February 19, 1988
League of Minnesota Cities
Attn: Laurie Fiori-Hacking
183 University Avenue E
St. Paul, MN 55101
In Re: Zimpro/Tina Mechanical Court Cases
Claim for Refund
Laurie Fiori-Hacking
We have begun our review of the claims submitted under a protective
claim regarding the Zimpro, Tini Mechanical, and Acton Court Cases.
The following information will be required for each claim:
1. Copy of job bid showing detailed description of:
A. What job entails,
B. Location of job showing legal boundries for municipality,
county, and state properties, and
C. Project number and related job numbers.
2. A. copy of the contract or other documentation showing that
the contract was a qualifying sale of tangible personal
Property to an exempt entity. if the claim is for more
than one job, a copy of each contract should be included.
The contract information should include a description of
the scope of work as well as the contract amount.
3. If sales tax was paid on the material purchases, provide
copies of the invoices evidencing the payment of tax to the
vendor. Copies of material invoices should include notation
on each invoice showing:
A. Date of payment(s) ,
B. Check Number, and
C. Job/Contract number.
4 . Copies of cancelled checks relating to the above mentioned
invoices..
5. Master list of invoices by job which should include the follow-
ing information:
A. Contractor
B. Vendor
C. Invoice N
D. Dollar amount
E. Date of final payment
- Page 1 -
AN EQUAL OPPORTUNITY EMPLOYER
6. If the materials includ::d in the qualifying sale of
tangible personal property were from an inventory and
cannot be specifically identified to a contract or sale,
a detailed description of the transaction and an explanation
of the method of arriving at the claimed amount must be
included.
7• A schedule for the claim must be provided showing a breakdown
of the refund requested by Sales and Use Tax reporting periods,
and listing the amount of refund pertaining to each period,
and the rate at which the tax was paid.
8. Provide a breakdown by source showing the percentage of
funding provided for each project for which the refund claim
relates to. (i . e. .Federal, Minnesota, other. . . . )
If you have any questions or need assistance, please direct your
enquiries to:
Minnesota Department of Revenue
Business Trust Tax Claims Group
Attn: M. A. Blackburn - !I
Mail Station 6522 !,
St. Paul, MN 55146-6522
Sincerely, - !
M. A. lackburn, Revenue Examiner
Business Trust Tax Claims Group
MAB:dg
- Page 2 -
y
183 University Ave.East
Sl.Paul,MN 551111.2526
• League of Minnesota Cities (612)227.56W(FAX:221.0986)
February 3, 1988
To: City Clerks. Please direct this communication to the city
Manager or Administrator if your city has one.
Also please o of this memo to your city attorney
and - your city a ars on this list.
F in Stan Peskar, General Cou
RE: Sa unds - construction contracts 1981-85
A large num a ne or two
attorneys offering to handle processing of cit claims £or improperly
cpllec a axes. hese taxes were erroneously co ected from
cont,ractors HjLen_rjties made - ac or t of
construction contracts. Sewer and water pipe as well as other
persona_ pr_.�,�a �Letns 1 i-lrc --`-...-._,, ,- m•..@..r..:z.—,=�
cities-a -Construction r- -=��ui uuasee} by
contracts before M.S. 297A.01 was
amended to end exemption, effective May, 9, 1985, except for written
contracts and written bids submitted before July 1, 1985. The issues
and citation of relevant cases are set out inActon Construction Co.
v. Commissioner of Revenue, 391 N.W.2d 828 (Minn 1986)
Those cities with the revenue de artment
back in 1985 or 198 tax amount, will
Probably want to have their own personnel pursue the re un ur
city englnee (-Yrg�ras useruiin proving your claim
JAL
f not and if the city does not have receipts showing the sales tax
on persona m-nnnrty ,nrorocrated In the proiect your engineer may be
able to get your contractors to cooperate by searching pro7ec�
records and furnishing Documents. on the enclosed list, cities that
file r e wi an E un er a CVE cc umn.
This is a comp a e, but it is the revenue department
list. M.S. 297A.35 Permits refunds if the claim was filed within
the longer of the two following periods:
1. two years after the tax was paid
2. three years from the filing of the return
Letters of request for refund along with documentation (receips or
sales tax returns etc. ) should be directed to Williiam P. Bergeson
Miinnesota Department of Revenue, audit division, Mail station 6522,
St. Paul, MN 55146-6522.
If the city has filed a valid claim but wishes to use outside counsel
to process and prove its claim, Attorney Jack Elmquist (612) 371-9472
has offered to do so for one third of the refund or one fifth if no
ontractor assistance is necessary. For claims over $20.000, he
wants one fourth or 15 % if no contractor assistance is necessary.
Those cities which did not file a claim in time to stop the statute
of limitations from running may rely on a claim filed by the
contractor if the contractor filed a claim within the statutory
period. As in the case of cities which filed their own claim, M.S.
297A.35 permits refunds if the claim was filed within the longer of
the following two periods:
1. two years after the tax was paid
2. three years from the filing of the return
On the list furnished by the department of revenue cities for which wh
claims have been filed by the contractor are identified by a C in
in CVE column. This list also may or may not be complete. In cases
where the city's claim was preserved by the contractor's filing for
the refund, the city may well want to negotiate with either of the two
attorneys to have them process the claim and share the refund with
the contractors who were enterprising enough to file the claim.
It is not clear that the fact that the contractor filed the claim in
a timely manner gives it any greater legal rights in the refund than
if the city had filed its own claim. However, it does seem fair to
compensate the contractor more for having preserved the claim. More
importantly, gaining contractor cooperation documenting the claim
without giving them a piece of the action could be difficult in cases
where the claim was preserved by their action.
Mr Elmquist has offered to process contractor initiated claims for
one half of the claim. For claims over $10,000, one third. In each
case attorney costs would be paid out of the contractor Share so the
city would receive either one half or two thirds.
These terms may or may not be reasonable depending on the effort
required to research, document and otherwise prove each claim for
refund. However there may be some efficiencies to be gained by using
a single firm to process those claims which the city does not choose
to handle itself.
The other attorney who has been contacting cities offering to
represent them is a Jon Sar£f. He has not contacted me and I do not
have his phone number.
Gl-h:,311
DATE PERIOD OF CLAIM t ENTITY JOE d CVE • DATE PERIOD OF CLAIM d ENTITY JOS J CVE
RECEIVED CLAIM RECEIVED CLAIM
C/ PLMWTH 764
10,7684090779/72377x' C Cl MEN PRAGUE 554
010180/123161 Cl AVODBURY 554
070/6]/113167
111081 C/BLOOMINGTON 161
C Cl EAGAN 165
11:781 0101511113I67 Cl EAGAN 565
010/80/123170 Cl AMOKA 163
]00179/113fl8 C/PLYMOUTH 161
710184 0101841110584 CX. ANTHONY 835' 111881 010161/113181 C/ST. CLOUD 566
Cl OAKDALE 8217 Cl ST. PAUL 569
010185/113163 C/REDWING 8166 Cl JORDAN 564
NET. NASTE COLI CM SZCi Cl EAGAN $65
8271 Cl MANNA TO 576
8:77 Cl EDEN PRAIRIE 861
HOYi LKS MTR TRTMT 6256 Cl COTTAGE GROVE 571
MET. HASTE CONT CM B359 Cl ANOKA 866
Cl ST. ANTHONY 8361 C/BYRON 858
OI0181/11576: MET. -HASTE CONT CM 8164 Cl BLUE EARTH 863
8101 Cl EAGAN 165
Cl RICHFIELD 8106 C/MAPLE GROVE ISE
Cl OAKDALE 8717 Cl MANNA TO 166
MET. HASTE CONI CM 6:12 C/PL MONTH 169
lIvIvI1131Bi 8164 C/RL MW7TH 16.'
041084 050179/17:779 C Cl COTTAGE GROVE 171
010180/1.'3180 Cl EDEN PRARIE 176
0701€1/ir1F7 Cl MAPLE GROVE 175
060191/113181 Cl ST. PAUL 173
041184 080179/113179 C C/ CHISAGO CITY 171
010180/113180 C/BLOOMINGTON 105
010181/723181 Cl SARTEL 181
050187/083181 C/MN'KATO $60 Cl ANOKA 163
C/NEN PRAGUE 554 C/FRUOEN7VA1 18C
Cl SAW RAPIDS 556 Cl BUFFALO 141
C/SLOONINS70N 161 1128& 070183/123183 C/BYRON 868
C/A"URY 559 Cl MADENA 870
Cl MANKATO 552 Cl NEN BRI6NTON 875
C/PLYMOUTH 164 Cl EAGAN 878
C/It=17N 160 Cl FERGUS FALLS 101
C/BUFFALO 141 Cl MINNETONKA 104
Cl BUFFALO 141 Cl ANOKA 163
C/NEN ULM 548 C/COTTAGE GROVE 171
Cl BLUE EARTH - 663 C/ CHISAGO CITY 171
C/NEM ULM 561 Cl ST. PAUL 173
C/PL M;.'ffi 157 Cl MAPLE GROVE 175
Cl BURNSILLE 861 Cl EDEN PRAIRIE 176
C/ EDEN PRAIRIE 861 Cl SWTH ST. PAUL 163
C/P1 YMp ITH 76: Cl MASSON let
162484 090781/173181 Cl MANKATO 166 Cl BLOOMINGTON 185
Cl ANOKA 866 C/PL YIIWTH 189
Cl EDEN PRAIRIE BPA Cl LAKEVILLE 191
Cl BLUE EARTH 863 C/MIAMETONKA 193
Cl BURNSVILLE 861 Cl Sr. PAUL 569
C/BUFFALO 141 Cl PINE CITY 571
01-feb-S5
DATE PERIOD OF CLAIM l ENTITY JOE l CVE DATE PERIOD Of CLAIN l IN,-!TY JOE R C7^
RECEIVED CLAIM RECEIVED CLAIN
Cl GOLDEN VALLEY S77 0476:5 13556 C
C/ INVER GROVE $76 10;684 0901:1116018! C
Cl INVER GROiE HIS $76 0129PS 010!81/113182 C
C/MAPLE GROVE 151 610431113185
C/ST. JOSEPH 195 0107841113184
Cl MAPLE GROVE 198 096775/113175
Cl ST. JOSEPH 195 0101801713788
Cl ELK RIVER 575 010/F1/123151
C/HASTINGS 578 01,385 010184/113114 C
C/ST. CLOUD 568 010153,1113103
111884 010184/083184 Cl EDEN PRAIRIS 109 018182111318.-
[/MAPLE GROVE 581 080175,.1113179
C/SURNSVILLE 106 010180/113780
Cl COON RAPIDS 107 010161"In Tol
C/$T. PAUL SBO 051604 080179/113179 C
CUB FO00 579 010180/113180
C/HASTINGS 578 010181/113/61
C/ EDEN PRAIRIE 576 090181/113181 VAR NUNIC1PALITIES
C/ELK RIVER 575 050785 13679 C
C/ INTERNATIWN F 106 03."714 050175/11."%15 C
C/MINNETONKA 104 010180/123180
Cl FERGUS FALLS 107 0101811123187
C/ FERGUS FALLS 101 OPO181"W181
C/ST. JOSEPH 195 DIOIB1172318E
Cl MAPLE GROVE 198 01018.11723763
Cl EAGAN 878 101614 0101771123184 ROCHESTER N.I.P. 0270604-03 C
Cl MINNETONKA 193 METRO W.T.P. 75-60
Cl MEN BRIGHTON 875 UNIV, OF MN 000-77-0346
031165 1,374 C METRO W.T.P. 74-01400A
101684 0901791123179 C METRO N.T.P.
0101801123186 METRO N.T.P. 400
010181/71318/ METRO W.T.P. 407
091564 0807791113175 C METRO W.T.P. 7101-314
010/801113100 METRO W.T.P. 71-01
0101P1J113161 METRO N.T.P. 375
080167/123187 NEiRO W.T.P. 402
0101821113181 METRO N.T.P. 408
011885 11017911:3184 C
101584 0961671101564 C
052SU 080179/723175 C
01018011:3188
OIDIF311:3183 010181/723111
021485 010184/11i164
0101831113183
01018111:3181
92664 OBD1751713179 C
051865 137U C DI01801T73160
100184 0801791113179 I 01018111;3161
070180/713180 10564 OB017911:3184
0107P1/113181 052584 08011911:3179 C
0101841113184 0101801113180
6161631113125 010187/113181
610181/113181 100284 100181/113181 C/ARAD HILLS
DA If PERI00 OF CLAIN I EN71TY JOB 8 C6. 1
RECEIVED CLAIN DATE PERIOD OF CLAIN P ENTITY JOO 8 CYL
RECEIVED CLAIN
110881 0104E/113181
610!63/113183 010181/113181
0101941113104 08018V121181
027985 010102/113182 C 100184 010181/123181
010183/113183 091684 010163/113163
0101841113181 101681 010181/063084
091184 0107821113184 11676 VAR MUNICIPALITIES C 032185 73444 C
070681 010191/123/81 12675 VAR MUNICIPALITIES 016:65 020181/033065 13563 C
091604 0801W113179 C 041585 030181/01318: 11209 VAR MUNICIPALITIES
0101801123180 092101 000179/173179 C
0101811113181 0101901123180
090181/043081 010181/113181
110584 0101841110184 VAR MUNICIPALITIES C 080181/123/81
0101831113183 VAR MUNICIPALITIES 0101821713161
1101791113179 010183/113183
0101801123180 091561 0101841074181
0101911123191 101182 090179/113179 C
1101811113181 ':AR MUNICIPALITIES 010180/113/00
0101821123162 VAR MUNICIPALITIES 0101811113181
062581 METRO M.I.P. 4653 C 102664 090187/713181
631885 13191 C 010182/123161
16:184 0901791113179 C 070/81/113163
0101801123180 010164/113161
0101811113181 061485 070184/113184 C
092604 08018V123181 0101631113183
011185 0101841173164 C 0101811113181
010183/123183 111994 0801811113181
0101821113182 051785 13706 C
102984 0701021100184 091184 0801791113179 11659 C
09,684 080179/113179 C 0101801113186
010180/123100 DICIBiI123181
01018V123181 0101831113103
080181/083181 010181/033181
0901811113181
091784 0701771113081 C CONTRACTORS 1N DRAMER
092407 OB0IW123179
01018011:3180 111161 106181/713184 C
01018VI23181 101664 096167/093061 VAR MUNICIPALITIES C
092784 0#0181/11318/ 070261 ROCHESTER/NLNTICEL C
100184 010181/113181 092664 0801791113179 C
010183/113183 0101901113180
010101/053184 010181/113181
011189 - C 171181 1001811103181 V
630005 0101841113194 112481 1101041113081
010103/123183 071181 070161/113/63 1111; ROCHESTER AMID 027080663 C
0101821113181 073084 11165 V
0101811123181 071681 12479 V
012385 0101841113184 062864 12561 V
0101531113183 080984 11501 V
010101/113182 091884 11656 V
102381 0901W123181 071104 12411 V
09;681 0801791123179 C 080661 1:494 V
0101801113180 071184 11110 V
80281 D
01-Feb-8B
DATE PERIOD OF CLAIM d ENTITY JOB J :,VE DATE PERIOD OF CLAIM I ENTITY JOB I CV!
RECEIVED CLAIM RECEIVED CLAIM
051581 040181/013081 12151 ANNANDALE 1320-1 V 060181/083181 13276 STERN COUNTY
051181 070101/033101 11275 WAR MUNICIPALITIES V 070181/063181 13177 Cl ST. CLOUD
010181 060181/103183 12,200 NT SNELLING CEMETA C 0501B1/063081 13170 Cl Sr. CLOUD
031885 010181/113181 C 075185 061582/09;183 11660 Cl BEMIDJI
071181 015193/123183 11165 080895 080181/123181 11079 Cl MONTEVIDEO V
051184 010182/113181 1;115 066:65 050181/073181 14080 Cl BRECKENRIDGE V
050294 050181/123161 12121 061095 13812 VAR MUNICIPALITIES ✓
080681 080181/063081 11195 ROCHESTER MTP C 060755 010181/113182 13886 Cl MAI TE PARK
080584 010182/063083 11196 13887 Cl CROS8Y-IRONTON
090181 080181/083781 11663 Cl MOORHEAD C 010183/113183 13668 Cl ST. CLOUD
090181/093081 11661 13889 Cl ST. CLOUD
110181/113081 13890 C/ ST. CLOUD
110/81/113181 13891 C. WAITE PARK
050181/053181 13892 Cl MATTE PARK
010193/013083
050183/053183 13693 Cl AITE PARK
060183/063083 13891 Cl WAITE PARK
096IB31693083 010181/11318; 13895 Cl SAUK RAPIDS
100183/103183 010181/113181 13996 Cl MAI TE PARK
110163/113083 010181/11318( 13897 Cl kA,TE PARK
1201E3/12P183 13698 Cl NAITE PARK
062691 070181/015683 1291/ MET HASTE CONT CM 71-01-6(108) C 0705£5 050162/053182 13953 MTC COM L'
060182/063002 13953 VAR MUNICIPALITIES
062685 13911 C 080181/06316; 13951 Cl ST. PAUL
101185 011781/090685 11161 IUAFROTA NTP C 09019ifOS30b1 13955 Cl ST. PAUL
032593/100981 11161 KASSON MIR 100181/103181 13956 US AIR FORCE
070186 060185/663085 15171 Cl BENSON C 11016:/11318; 13957 Cl MAYIATA
111685 010185/013185 11691 636163/033163 13956 VARIOUS
VENDORS IN DRAWER 010183/013065 13959 VARIOUS
050163/053183 13960 VARIOUS
091685 090183/011885 11197 BEMIDJI WTPV O6GlE5/G63O63 15961 VARIOUS
101885 010184/013165 11156 FER6U5 FALLS 81?P V 070183/073183 13961 VARIOUS
0801831CS3163 13963 VARIOUS
BS 030195/033185 11111 V 100183/103183 13901 US POSTAL SERVICE
031706 090185/ 15037 ✓ 110183/113063 13965 O OF N
061686 033181/163185 15385 HASTINGS WTP V 110163/113183 13966 Cl NEN BRIGHTON
030785 010183/011883 13355 Cl AWAREAD CV
010183/013083 13356
010IB31013183 13357 ENTITIES IN DRAWER
120181/123181 13358
100181/103182 13359 0726B5 010161/723163 11019 C/PINE CITY E
060193/063083 13360 113185 010183/12316i 11713 Cl APPLE VALLEY E
070183/073183 13361
031585 010181/033181 13100 Cl MOORHEAD CV
011585 100182/113081 13166 Cl ST. CLOUD V
011985 060182/093081 13167 Cl WAITE PARK
090101/103181 13168 Cl SAUK RAPIDS
060181/073182 13169 C/ CROSBY, IRONTON
050183/083183 13170 Cl ST. CLOUD
060183/103163 13111 C/57. CLOUD
050183/053183 13172 Cl ST. CLOUD
070182/083]81 13173 Cl WAITE PARK
110183/113003 13111 Cl ST. CLOUD
060181/083181 13775
II '" 01-Feb-BB
DATE PERIOD OF CLAIM l ENTITY JOB l
RECEDED CLAIN
DATE PERIOD OF CLAIN 7 ENTITY JOB 7 C'r[
RECEIVED CLAIN
071685 010181/113181 14051
84-3/6,84-8/10
84-7
09158S 690183/073184 14141 C/ VADNAIS HEIGHTS F
OSISS5 010181/113184 14143 Cl SPRING PAR/ E
061685 070181/053185 14153 Cl ALEXANDRIA E
087685 088167/ 14156 Cl MOORH'EAD E
081065 070181/ 14166 Cl BROOXL YN PARK 95-01 E
85-61
OBS idS 010185/11318S 14085 Cl MADENA E 85-03
071995 /13091/073083 14059 85-04
071985 010/91/113/84 /4061 Cl MORRIS F 85-06
B5-07
95-OE
85-09
85-15
84-01
84-01
64-04
071985 010181/173185 14663 Cl HASTINGS E 86-06
6?36B5 070161/113184 14066 Cl ,NVER GROVE NET E 64-07
013665 14061 Cl MEDINA E 84-06
090195 07018;/073185 14081 C/ .NONTICELLO E 84-09
81-11
84-)1
94-13
090185 010181/113184 14093 Cl NAITE PARK E 64-14
090185 070183/113183 14006 Cl STAPLES E 84-5
080195 W1811113084 14103 Cl NORTH BRANCH E 84-16
111085 080104/093084 14660 63-07
080985 010181/113184 14718 Cl CANNON FALLS E 83-01
83-OS
83-0A
061185 070101/113184 IWS Cl MAPLE O;GVE E 83-OS
83-06
081185 010181/113184 14118 Cl MORA E 83-07
081185 010181/713184 14130 Cl SX7N ST. PAUL E 83-06
081305 080181/113105 14134 Cl CHAMPLIN 81-1,81-5 E 83-09
01-6 83-10
B1-7 83-11
81-7 83-11
87-7C EB-13
81-7E 63-15
81-76 83-16
81-7F 81-01
83-1,03-1 87-01
03-3 81-04
83-4,83-6,84-1
83-5,83-733-8 61-66
61-06
87-09
01-Feb-BE
GATE PERIOD OF CLAIM 1 ENTITY JOB 9 NE DATE PERIOD OF CLAIM 1 ENTITY JOE 1 CV1
PECEi VEO CL'AIN RECEIVED CLAIM
81-09
81-10 06,765 030183/093081 14106 Cl ST PAUL-BD Of N E
81-10 081995 080181/053185 14217 Cl S7 PETER E
61-11
81-I1 090485 010104/113184 11130 Cl HOUNDS VEIN E
M-789 090565 080162/053185 11135 C/IUMFROTA E
N-796 051C'E5 080162;653185 11119 C/EACAN E
N-833
198(-185
091185 080101/053185 11161 Cl PROCTOR E
051635 OFC1811053185 1!171 Cl STILLNATER E
091695 010101/113183 11115 Cl EAGLE BEND f
091785 080182/053164 14179 Cl COON RAPIDS 81-27 f
B1-1
81-3
081185 0801821063085 14173 Cl NINONA E 81-16
63-17
0(-8
83-17
d3-ii,b5-31
0520F5 OF01611063085 1(143 Cl FALCON NEIONTS E
032565 0601921673185 11258 C,DULUTN E
05835 OFGId2/G53?ES 1(i.-S C/Bi0'M',N6TON 196;-675I F
19BF-Oi 11
19b2-0311
7902-02??
1961-Eii1
1982-0311
1941-0111
19b2-0(11
9b2-0031
022145 0701811055105 I4781 Cl ST [LOUD E 1961-Gt1I
OE2605 010181/113184 14791 Cl ANOKA E 1962-OSAI
1981-0641
7983-011i
1963-0131
1965-0151
1961-OZ'1
Ir� 01-Feb-6P
DATE PERIOD OF CLAIM A ENTITY JO8 0 CVc CA TE PERIOD OF CLAIM a ENTITY JOB 8 CV:
RECEIVED CLAIN RECEIVED CLAIN
1963-02A1 100705 01118310E1385 14413 Cl WIN'✓EIM I
1993-0311 102495 090182/103185 11177 C/NORTHFIELD f
1983-0411 110795 010161/113184 14SJI Cl MINMETONAA I
1983-0411 111285 100191/053185 14601 Cl MTOOBURY f
1983-0431 012195 110181/053185 11809 Cl N N4NAATO f
i 583-08A/ 020366 050185/093085 14875 Cl N 57 PAUL f
1981-0711 010486 068184/113084 14881 Cl M17LLE F
,1991-0121 112596060/83/643695 159;4 C/ST JANES f
1984-0211 011687 090183/093086 16107 Cl BEMIDJI f
1984-0311
1984-0411
1984-9EAI
1980-0391
1981-0111
1981-0131
1981-0151
1981-0111
1991-0311
1981-0511
'951-07
PN-1981-E
PN-1991-T
PN-14-07-81
PH 26-67-79
SP278S-116
SP279S-30
AN 16-67-79
AN I5-67-79
092585 090183/093085 14316 Cl SHORfVEIM E
100285 090182/53185 14400 AMCPL HTR 6 LT CAN f
100385 090192/053185 14401 Cl BURNSVILLE E
100385 090161/053185 14403 Cl ROSEMOUNT E
CC- n c-(
MEMO TO: City Council
FROM: LeRoy Houser, Building Official
RE: Electrira_ Fee Schedule
DATE: February 24, 1988
INTRODUCTION•
The City currently uses the State Fee Schedule for electrical
permits.
BACKGROUND•
On February 22 we received notification from Terry Krominga that
the State is increasing their fees effective April 11, 1988. In
order for us to stay current with the State fees we would need to
adopt the new schedule.
ALTERNATIVES•
1. Adopt the new State Fee Schedule.
2. Keep our current fee schedule for electrical permits.
RECOMMENDATION•
I recommend we adopt the new fee schedule.
ACTION REQUESTED•
Offer Resolution No. 2872, A Resolution Amending Resolution No.
2837 Adopting the 1988 Fee Schedule, and move its adoption.
LH:cah
Attachment
RESOLUTION NO. 2872
A RESOLUTION AMENDING RESOLUTION NO. 2837
ADOPTING THE 1988 FEE SCHEDULE
WHEREAS, the City Council has adopted a Fee Schedule for
1988; and
WHEREAS, the City currently uses the State Fee Schedule for
electrical permits; and
WHEREAS, the State is increasing their fees effective April
11, 1988; and
WHEREAS, the Council desires to amend the City's fee
schedule by increasing the electrical permit fees to coincide
with the State Fee Schedule.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Shakopee, Minnesota, that the 1988 Fee Schedule is hereby
amended by adopting the electrical permit fees as outlined on
Exhibit A, attached hereto and made a part hereof.
Be It Further Resolved, that the increase shall be effective
April 11, 1988.
Adopted in regular session of the City Council of the City
of Shakopee, Minnesota, held this lst day of March, 1988.
Mayor of the City of Shakopee
ATTEST:
Approved as to form this
day of 1988.
City Attorney
-- EXHIBIT A
INSPECTION FEES
3800.1700 PAYMENT OF INSPECTION FEES 1 d
Except as provided in part 3800.1300, all state electrical inspection fees are due and payable to the
',oard at or before commencement of the installation and shall be forwarded with the request for electrical
'nspection.
Statutory Authority: Y.S s 326.241 subd 2
3800.1800 FEE SCHEDULE
Subpart 1. Schedule. State electrical inspection fees shall be paid according to the following schedule.
Subs. 2. Fee for each separate inspection. The minimum fee for each separate inspection of an installation,
-eplacement, alteration, or repair limited to one inspection only is $15.
Subs. 3. Fee for services or power supply units. The inspection fee for each service, change of service,
emporary service, power supply unit, addition, alteration, or repair to a service or power supply unit shall
ee: 0- to and including 200-ampere capacity, $15; for each additional 100-ampere capacity or fraction thereof,
55. A separate request for electrical inspection shall be filed for temporary services. -
Subp. 4. Fee for circuits or feeders. The fee for each circuit or feeder, or addition, alteration,
Dr repair of such circuit or feeder including the equipment served, and including circuits fled from feeders,
except as provided for in subpart 5, items A to K shall be: s
A. 0- to and including 100-ampere capacity, $4.
B. For each additional IOD-ampere capacity or fraction thereof, $2.
Subp. S. Limitations and additions to the fees of subparts 2 through 4.
A. The fee for a sinale-family dwelling, shall not exceed $55 if the electrical service is not
over 200-ampere capacity. This fee includes not more than three inspections. The fee for a single family
dwelling over 200- to and including 400-ampere capacity shall not exceed $100. This fee includes not more
than four inspections. These fees shall apply to each separate service, and include the service, feeders,
circuits, fixtures, and equipment The fee for additional inspections shall be the reinspection fee in subpart
7. Multifamily dwellings with individual services to each unit are computed at the single family dwelling
rate.
B. The fee for each farm building or farm structure with a service not over 200-ampere capacity
shall not exceed S55. This fee includes not more than three inspections. The fee for each building or structure
with a service over 200- to and including 400-ampere capacity shall not exceed $100. This fee includes not
more than four inspections. These fees include the services, feeders, circuits, fixtures, and equipment.
The fee for additional inspections shall be the reinspection fee in subpart 7. Pole-top current metering
and pole-top disconnecting means on the farm yard pole are exempt from inspection andinspectionfees.
C. The fee for each unit of a multifamily dwelling having three to six dwelling units shall not
exceed $30. The fee for each multifamily dwelling exceeding six units shall_ not exceed S20 per dwelling
unit. This fee includes only the wiring in an individual owelling unit and the final feetler to that unit.
The fee for the service and all other circuits shall be am specified in subparts 2 to 4, except that-the
fee for each house panel shall not exceed $55. A separate request for electrical inspection is-required
for each building. The fee for a two-unit dwelling or duplex shall be the same as for two single-family
awellincs.
D. Recreational vehicle parks fees shall be in accordance with subparts 2 to 4.
E. The fee for mobile home park stalls shall be $6 per unit stall exclusive of the feeder to the
mobile home with a minimum fee of $15 per inspection trip. The fee for permanently installed feeders shall
be in accordance with subpart 4.
F. In addition to the above fees, the fee for each street lighting stantlard shall be S1, and the
fee for each traffic signal standard shall be $2. Circuits originating within the standard shall not be used
-2-
G
G. In addition to the above fees, the fees for all transformers and generators for light, heat,
and power shall be $5 per unit plus $3 per ten-kilovolt-amperes or fraction thereof. The maximun fee for
a transformer or generator in this category is S40.
R. In addition to the above fees, the inspection fees for transformers for signs and outline lighting
shall be $5 per unit.
I. In addition to the above fees, unless included in the maximum fee, the inspection fee for remote
control, signal, alarm or communication circuits and circuits of less than 50 volts shall be S5 per each
ten openings or devices of each system plus S2 for each additional ten or fraction thereof, with a minimum
fee of S15 per inspection trip.
J. In addition to the above fees, the inspection fee for each separate inspection of a swimming
pool shall be $15. Reinforcing steel and bonding for swimming pools requires a rough-in inspection.
K. In addition to the above fees, the fee for all wiring on center pivot irrigation booms shall
be $30. The fees for all other wiring for the irrigation system shalt be as otherwise specified in this
part.
Subp. 6. investigation Fees: Work without a request for electrical inspection.
A. Whenever any work for which a request for electrical inspection is reouired'by the board has
begun without first obtaining the request for inspection, a special investigation shall be made before a
request for electrical inspection is accepted by the board. -B. An investigation fee, in addition to the full fee required by subparts 1 to 5. shall be paid -
before an inspection is made. The investigation fee Shall be equal to the amount of the fee required by
subparts 1 to 5. The payment of the investigation fee does not exempt any person from compliance with all
other provisions of the board rules or statutes nor from any penalty prescribed by law.
Subp. 7. Reinspection fee. When reinspection is necessary to determine whether unsafe conditions have
been corrected and the conditions are not the subject of an appeal pending before the board or any court,
a reinspection fee of $15, may be assessed in writing by the inspector. -
Subp. S. Special inspections. For inspections not covered herein, or for requested special inspections
or services, the fee shall be S23 per hour, including travel time, plus 24 cents per mile traveled, plus
the reasonable cost of equipment or material consumed. This provision is applicable to inspection of empty
conduits and other jobs as may be determined by the board.
Subp. 9. Inspection of transient projects. For inspection of transient projects, including but not
limited to carnivals and circuses, the inspection fees shall be as specified in this subpart.
The fee for inspection of power supply units shall be that fee specified in subpart 3. A like fee will
r be required for power supply units at each engagement during the season. Rides, devices, or concessions
shall be inspected at their first appearance of the season, and the inspection fee shall be $15 per unit.
In addition to the fee for the power supply units, there shall be a general inspection for each engagement
during the season at the hourly rate, with a two-hour minimum. In addition to the above fees, inspections
required on Saturdays. Sundays, holidays or after regular business hours willbeat the hourly rate, including
travel time. An owner of a migratory amusement enterprise shall notify the board of its season itinerary
and make application for initial inspection a minim= of 14 days before its first enaaaement in the state.
For subsequent engagements not listed on the itinerary sent to the Board, where the board is not notified
at least 48 hours in advance, a charge of $100 will be made in addition to all required fees. Also, a fee
at the hourly rate will be charged for additional time spent by the inspector if the equipment is not ready
for inspection at the time and date specified on the request for electrical inspection . The fee for reinspection
of corrections is S15 for each reinspection.
Subp. 10. and 11. [Unchanged.]
MEMO TO: John K. Anderson, city Administrator
FROM: Judith S. Cox, City Clerk `"r-
RE: Resolution of Appreciation to Jane VanMaldeghem
DATE: February 17, 1988
Introduction and Background
Jane VanMaldeghem has served on the Planning Commission from
September 4, 1984 to February 4, 1988. She has stated that she
is unable to seek another term at this time. Attached is
Resolution No. 2866, A Resolution of Appreciation to Jane
VanMaldeghem.
Action Requested
Offer Resolution No. 2866, A Resolution of Appreciation to Jane
VanMaldeghem, and move its adoption.
JSC/jms
RESOLUTION NO. 2866
A RESOLUTION OF APPRECIATION TO JANE VANMALDEGHEM
WHEREAS, Jane VanMaldeghem served on the Shakopee Planning
Commission from September 4, 1984 to February 4 , 1988, and
WHEREAS, Jane VanMaldeghem served as Chairperson of the
Shakopee Planning Commission from February 5, 1987 to February 4,
1988, and
WHEREAS, Jane VanMaldeghem has unselfishly contributed many
hours of service to the City of Shakopee during her tenure on the
Shakopee Planning Commission.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council
on behalf of the residents of Shakopee and on behalf of the
Shakopee Planning Commission and the City staff, that the
Shakopee City Council does hereby extend to Jane VanMaldeghem the
deep appreciation of the City for her years of civic interest and
dedicated service to the community.
Adopted in regular session of the City Council of the City
of Shakopee, Minnesota, held this 1st day of March, 1988.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 1988.
City Attorney
CojvseMT /Z-
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S. Cox, City Clerk
V
RE: Resolution of Appreciation to Corrine McDonald
DATE: February 17, 1988
Introduction and Background
On January 17, 1984 Corrine McDonald was appointed as one of the
original members of the Board of Directors of the Access
Corporation. She served on this Board until January 31, 1988 and
has chosen not to seek another terms. Attached is Resolution No.
2867, A Resolution of Appreciation to Corrine McDonald.
Action Requested
Offer Resolution No. 2867, A Resolution of Appreciation to
Corrine McDonald, and move its adoption.
JSC/jms
RESOLUTION NO. 2867
A RESOLUTION OF APPRECIATION TO CORRINE MCDONALD
WHEREAS, on March 20, 1984, the Shakopee Community Access
Corporation, Inc. became a legally organized corporation under
the laws of the State of Minnesota, and
WHEREAS, Corrine McDonald was appointed by the City Council
as one of the original members and has served on the Board of
Directors of the Access Corporation until January 31, 1988, and
WHEREAS, Corrine McDonald has unselfishly given many hours
of her time and talents to serve on the Access Corporation Board
of Directors.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council
on behalf of the residents of Shakopee and on behalf of the
Shakopee Community Access Corporation, that the Shakopee City
Council does hereby extend to Corrine McDonald the deep
appreciation of the City for her time and efforts while serving
on the Board of Directors of the Shakopee Community Access
Corporation.
Adopted in regular session of the City Council of the City
of Shakopee, Minnesota held this 1st day of March, 1988.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of lggg_
City Attorney
� zC�
MEMO TO: John K. Anderson, City A ist ator
FROM: Judith S. Cox, City Clerk
RE: Snow Removal From Public Sid walks
DATE: February 18, 1988
INTRODUCTION:
On February 2, 1988, the City Council discussed brieflv the
city code requiring the removal of snow from public sidewalks
within 12 hours after a snowfall. After discussion, Council
asked staff to bring additional information on the matter to
Council.
BACKGROUND:
A number of cities were called to determine what require-
ments other cities have adopted (see attached survey) . The
increments being used are 12 hours, 24 hours, and 48 hours.
The Public Works Superintendent suggested adopting the concept
used by the City of Minneapolis, allowing the residential areas a
longer period of time than the commercial areas.
After discussion, consensus among the Public Works
Superintendent, Building Inspector, City Administrator and City
Clerk was to allow the residential areas 24 hours to remove
snow from public sidewalks, but leave the commercial areas at 12
hours. The rationally for leaving the commercial areas at 12
hours is because the sidewalks are used more in these areas.
-ALTERNATIVES:
1] Status quo - snow removal within 12 hours in all areas
2] Snow removal within 12 hours for commercial and 24 hours
for residential areas as well as other areas ( zones)
3] Snow removal within 24 hours for all areas
4] Other
RECOMMENDATION:
Alternative 2, require the removal of snow within 12 hours
in the commercial areas and within 24 hours in all other areas.
RECOMMENDED ACTION: -
Offer Ordinance No. 241, amending the city code to require
snow removal in commercial areas within 24 hours after a snowfall
and require snow removal in all other areas within 24 hours after
a snowfall.
ORDINANCE NO. 241
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
SHAKOPEE CITY CODE CHAPTER 7 ENTITLED "STREET AND SIDEWALKS
GENERALLY" , SECTION 7 .04 ENTITLED "ICE AND SNOW ON PUBLIC
SIDEWALKS", SUBDIVISION 1 ENTITLED "ICE AND SNOW A NUISANCE" BY
CHANGING THE NUMBER OF HOURS AFTER WHICH SNOW SHALL BE REMOVED
FROM PUBLIC SIDEWALKS AFTER A SNOW FALL; AND, BY ADOPTING BY
REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 7.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS:
SECTION I. Shakopee City Code, Section 7. 04, Subdivision 1,
is hereby amended, to read:
Subd. 1. Ice and Snow a Nuisance. All snow and ice
remaining on public sidewalks is hereby declared to constitute a
public nuisance and shall be abated by the owner or tenant of the
abutting private property within twelve (12) hours after such
snow or ice has ceased to be deposited upon property zoned
commercial and within twenty four (24) hours after such snow or
ice has ceased to be deposited upon property zoned other than
commercial.
SECTION II. Shakopee City Code, Chapter 1, entitled
"General Provisions and Definitions Applicable to the Entire City
Code Including Penalty for Violations" And Section 7.99 entitled
" Violation a Misdemeanor or Petty Misdemeanor" are hereby
adopted in their entirety, by reference, as though repeated
verbatim herein.
SECTION III. After the adoption, signing and attestation of
this ordinance, it shall be published once in the official
newspaper of the City of Shakopee and shall be in full force and
effect on and after the date following such publication.
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this day of
1988.
ATTEST: Mayor of the City of Shakopee
City Clerk
Approved as to form this
day of 1988,
City Attorney
�y
CHRISTIAN AND GROSS
ATTORNEYS AT LAW
BOOB LYNDALE AVENUE SO.
EDWARD M. CHRISTIAN MINNEAPOLIS. MINNESOTA SD430
,OREN OS OfB
JAMES M. EEMPAINEN TELEPMONE BBI-8696
RFc, 1,
Ffe2 slsse
Cin
February 25 , 1988 �F S!%yK�p��
TO: Mayor of the City of Shakopee
Members of the City Council
129 First Avenue East
Shakopee, MN 55379
Ladies and Gentlemen :
We are writing this letter as attorneys for the Scott County
Historical Society, one of the organizations which has
submitted a proposal for possession and operation of the
Murphy' s Landing Project.
It has come to our attention that two of the members of the
Shakopee City Council have significant conflicts of interest
which will affect their ability to vote on this matter
objectively.
Mayor Delores Lebens is a relative of Marjorie Henderson,
director of the project as operated by the other proposing
agency, Minnesota Valley Restoration Project. Gloria
Vierling is a member of the board of the Minnesota Valley
Restoration Project.
Because of these conflicts of interest, we ask that these
persons either abstain from voting on this matter, or else
that the council declare them disqualified from voting on
this question. In instances such as this where feelings run
high and the issue is seriously in doubt, it is important
that public officials avoid even the appearance of possible
impropriety. Our suggestion seems to be the only way an
objective decision on the merits can be assured.
Mayor of the City of Shakopee
Members of the City Council
February 25 , 1988
Page 2
Thank you for your consideration.
Yo very tru ,
Loren Gross
LG/ar
a : Mayor Delores Lebens
VCouncilwoman Gloria Vierling
ity Manager John Anderson
R. D. Pistulka, M.D.