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01/19/1988
MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: January 14, 1988 1. We have reduced the receptionist's hours to 32 hours per week temporarily and will be re-evaluating her hours in three months. This possibility was discussed with Tami when she was initially hired. During Tami's absence (first two hours of the day, Monday through Thursday) the three secretaries will take turns covering the phones. Tami was given the option of working at Public Works for 8 hours a week until we fill the receptionist vacancy there. She declined that alternative but agreed to work 8 hours a week in Finance until Eileen returns from her leave of absence. 2. The American Legion and the V.F.W. are applying for renewal of their gambling licenses. They meet the requirements of the Shakopee City Code. 3. The Shakopee Eagles are applying for renewal of their gambling license. They meet the requirements of the Shakopee City Code. 4. The Shakopee Area Catholic Schools are applying for their quarterly raffle/gambling license. They meet the requirements of the Shakopee City Code. 5. Attached is a flyer announcing a seminar for all elected officials to be held on February 5th. The program is intended for veteran City Councilmembers. 6. Attached is a nice letter of appreciation from Jeffrey Gladfelter of the Minnesota State Patrol thanking Officers Gary Nosbusch and Dave Nelson for their assistance on January lst. 7. Attached is a thank you letter from Reid Connly from Canterbury Downs thanking the Shakopee Police Department for their assistance during 1987. 8. Attached is a memo from George Muenchow updating Council on the installation of skating rank lights at Stans Parki 9. Attached is a memo from Ken Ashfeld regarding the sidewalk grade at Fourth and Fuller. 10. Attached is a memo from James Strommen from the Suburban Rate Authority (SRA) regarding the Metropolitan Tier Telephone Rate Structure. 11. Attached is a letter from Rod Kress regarding cities' rights with respect to conditional use permits. Read it carefully. 12. Attached is the bi-monthly newsletter from Ehlers and Associates, Inc. 13. Attached is the Building Activity Report for the year ending December 31, 1987. 14. Attached is the Revenue and Expenditure Report for the month ending December 30, 1987. (An adjusted year end report will follow. ) 15. Attached are the minutes of the December 7, 1987 meeting of the Shakopee Public Utilities Commission. 16. Attached are the minutes of the December 16, 1987 meeting of the Downtown Ad Hoc Committee. 17. Attached is a memo from LeRoy Houser regarding Senior Citizen Congregate Dining. 18. Jack Boarman has contacted me and all Councilmembers indicating a desire to review the status of the City Hall project with City Council to determine what our next step might be. I am suggesting we wait until Council has filled the vacant Council seat to meet with Jack-February 16th or later. 19. Attached is a letter from Mr. Sullivan of Minnesota PHCC stating that Shakopee has one of the better inspection departments in the metro area pursuant to a recent survey of members rating communities in the metro area. 20. Attached is a letter from the City Clerk to Mr. Swanson, Attorney representing J.O.N. Investment Company, in response to his letter asking the City to release a letter of credit. 21. Todate we have on file one application for the Council vacancy and it is from Gary Scott. 22. Attached is a list of employees as requested by City Council at a recent Council meeting. JKA/jms z r Cc p rR N y b a a „r a is 1� 11 4.1 Q O c C3 d a uc E E Aea :2 ' as Fy �" r,eJ ww 3r� oW � a yC ov o9= m Eo aV2 E = 00dgL og Zmm = . �a fia 6p � €= pVL �'� R5 tv uygRE_ .tee' am m- „ cyym aF a%o H 2 ��z ry .E' 2 W $ e2 _ ee m-C �6 C �V 4bT SCO Et mqs i z 824 =@ c6g d `?$ao �"gQ E °dRga ram ' 21' H @ .e8m�-a oc29` po a ovco p u 5.E om a gp., otZQ N.y ca 3 Y9V' e t 8.ci s E .4, , 5 mE`ow 8. __ ` R27!R Registration Form Seminars for Elected Officials* Friday, February 5, 1988 Name 71111, Gty Work Phone Add.. (street) (rity) (state) (rip) Oty POPulmion Years in Office Number of City Cmpkyres Registration optiom: (please check) The Elected Omdal's Rote in Financial Planning And Customer Relations 1,s If Customers Matter(565/person) The Elected Official's Role m Financial Planning ONLY(I45/person) Customer Relations As If Customers Matter ONLY(745/person) Public Itecisiame and Elbi®t Pmbkms(I2B/person) Payment options: (please check) Fi clueed is my check(payable to Gmemment Training Scraiee)in the amount of I Please bill be at alwrc address(A S3 billing charge unit be added to the amount owed.) Rehm this form by January 29 to: Covemment Training Servies, 2m Mimresote Building,46 Bast 4th Stney St. Paul, MN 55101 (612/222.74" cur Minnesota toll free W/W.T719). In conjunction with LMC Newly Beeted Confcmnce q C.n90.o q'RO a'�' ato O ❑. to • • • • m ° G BOo ? c.Sid E:°o � - M - a , "'��o° � w S o c 6. g c- o G w y G' ° o ge96: n .o § o ° � B a � 5 n _ n0o° o � ' ew ' ^ �' ?G. F w$ o S'°tw - e• p= �n ^p ^ w 6 n 9Q 0 2 w n a P �.w F < o wm < .. °.9 0 % ° s na,e ° «9 6 ° mon g ei-'iw >• aN o 60^ 9Yw9n a w` O e.ww° N1 (p �6n``< w e Sq 0 vv M ry o' p B d� c • • • • °ig P,ar? oma k o n £ nqo $o cow 4$ WI I $ &.ew6N $� ,{_ ,.o ,°, n 66 7S En °: 6'F, �.� cc. Q9 <n C $9.om �w m no $ 0 99.HG 6'� e 6c 48 °e oS oB .. 9 � ono 8� eOO � $° eo .yo w '^, -en wsw 2a o , � " n , S =�G' aAgea '3 B � Fe $ ES 3 °-' ye $tea �o �': 3 �" �� oZ 6n•�. 09.0 rgywhS. ee.,N G " CA o°.5'R E, 3 on 'Sa ° `37. m P Q.-c $w E, S . e SaaM ooE-'' ?' nw 3 < SS �.ipo� F 3. � n , amnw en, S - 96 6nNdc� no' q� flnwm a. B.w Nw ocS �0 0 ort^ nn B � -? o � n o � a cs=a °° � � ns1G °'^ m ' o C aC °J E �o ve,ao FF`^ +f a gy yoco � �, M tB C.B = . • • • • �.� PPC d SRO,-� m �o^ o Bn c Lima •� 8 a '�w6 .'Ro o,� •e �n Paco' A a °� wro 6R .Q�co O E? c. - PBn +IAC �p °,w q� C G Q n n 9, 6 S P amco oborvO � •^G.• o °^ o .`'ne' e 5 oa 9no S oror $coo X6'0= °,� 6' C. ^e ec a^ oo8 E. $n� d @gyp o_ io 9� X2 '7 _ Fm'� H ^ cmc mB c: m'S erp a_w n$ o'n� gmO vi aW pE' o o 9 � e•we f]�DF cw�. ° H oie 12 go R�M m 6y °n° n-e' 'N• 8 n ?.. a => q a so n c G C F A m w S n o d o NoS9 n�.2. �� o E ryF '2 o rtno N.oS N ai. MINNESOTA STATE PATROL �Te, YN�eo SHAKOPEE SUB-STATION 476 GORMAN STREET SHAKOPEE, MN 55379 sr:Tt PPTPDi January 10, 1988 Chief Tom Brownell Shakopee Police Department 476 South Gorman Street Shakopee, MN 55379 - Dear Chief Brownell, I am writing this letter to express my apprication for the assistance I recieved from two of your officers. Officers Gary Nosbusch and Dave Nelson responded to the scene of a fatal accident on Hwy 169 in front Of Gopher State Truck Stop on January 1, 1988 at approximately 2107 hrs. Because of their quick response and excellent assistance the necessary information was gathered and the scene was cleared without further incident or injury. A$ you know, I have worked this area for eight years and have been involved with officers from your department on many occasions. Each time I have experienced excellent cooperation and I hope that I have also- given that same cooperation when your department has needed it. In closing I would Like to express my appreciation again to Gary and Dave for their assistance. It makes a sometimes difficult job like ours easier to preform when you know the assistance is there when you need it. inc y, i TFC J rey GladfelLer �2 Minnesota State Patrol ie ANN _ 7 "AR—HwN 6 Conference C-mr' January 4, 1988 JANo 71988 CITyCF Mr. Tom Brownell Chief of Police - Shakopee Police Department 476 Gorman Street Shakopee, Minnesota 55379 Dear Chief Brownell: I would like to take this opportunity to thank you and your department for all the assistance given to us in the past year. The entire Shakopee Police Department has been extemely courteous and helpful. All of your officers conduct themselves in a very professional manner and are very willing to answer our questions and aid us whenever necessary. I truly value the relationship the Canterbury Inn has with your department and look forward to its continued growth in the year to come. If ever I can be of assistance to you or your department, please don't hesitate to call. Sincerely, CANTERBURY INN Reid R. V Assistant General Manager RRC/Is cc: Michael Mulleady Brooks Hauser Bruce Malkerson Mike Cleary John Anderson, City Administrator Delores Lebens, Mayor 1244 Canterbury Road Shakopee, Minnesota 55379 612-445-3644 ii4akvprr TammundU Orruirts F, 129 Levee Drive Shakopee, Minnesota 55379 Phone 4452742 Community Education • Parks • Recreation • Adult Education Memo To: Sohn Anderson, City Administrator From George Muenchow, Community Recreation Director Subject: Stans Park Lighting Project Progress Report Date January 7, 1988 The needed pieces of equipment to install the pushbutton lighting attachment at Stans Park was ordered on schedule shortly after the authorization received at the 12/15 City Council Meeting. The company did a rush job and the shipment arrived 12/23. Lou Van Hour made arrangements for his men to install the equipment the week of 12/28 while he was on vacation. We met with them on 12/28 and at that time it was ascertained that the push button and its cover was not sturdy enough for the potential treatment that it would receive. S.P.U.C. personnel also questioned some other aspects of the project. I met with Lou Van Hour on 1/6 after he was back from vacation and we agreed that he could order a different button similar to what you see on streets that activate stop light walk signals. He is giving this top priority and as soon as the new button arrives it will be installed. The timers that we purchased still will be used. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Sidewalk at Fourth and Fuller DATE: December 29, 1987 This is in follow up to a site inspection of the sidewalk located on the southeast quadrant of Fourth Avenue and Fuller Street . Councilmember Wampach brought up the issue of the slope of the sidewalk. The sidewalk has longitudinal slope that matches the street and cross slope that conforms to accepted standards . Jerry and I agreed that there was not much that could be done to flatten the slope and that handrails are impractical for this type of application. KA/pmp L.eFo ere Lefler Kennedy O'Brien & Dlmu7 0 �2 91987 =I Rho Bank Place Wen CITY`,j- n Minneapolia December 28, 1987 �k'A.K P Minnesota 55402 �E Telephone(612)3330543 Telecopier(612)333-0540 Mr. John Anderson Dayton L Lure City Administrator Herten P.Lefler J.Dennis O'Brien City of Shakopee John E.Draw: 219 East First Avenue David J. Kennedy Shakopee, MN 55379 Joseph E.Hamihon John B.Dean Glenn E. Purdue RE: Metropolitan Tier Rates Richard J.Schieffer Chanes L LeFevere Herbert P. Lefler III Mr. Anderson: James J.Thomson,Jr. Theresa R.Gan Enclosed is a copy of an Order from the Public Utilities Dayle Nolan Jahn G. Kressel Commission revising its metropolitan tier rate design. Stevan B.Schmidt You will recall, and the Order reflects, that the SRA has James M.Strommen actively challenged the Commission' s April 3, 1987 Ronald H. Batty decision to adopt a less beneficial metropolitan tier Willem P.Jordan P William R.Skellerud rate design for outer suburban telephone customers. Rodney D.Anderson Corrine A. Heine Dad D. Beaudoin This Order reflects a significant, though not complete, Stepan M.Tallen victory in the SBA' s attempt to reduce tier differen- Mary Frances Skala tials. This most recent round of challenges to the Tier Dhdnopher J.Har i fail Timothy J. Pawlenw System has accomplished at least two things. It ensures Rolf A.Sponheim Tier III and IV customers that they will not pay in- Julie A.Bergh creased telephone rates as a result of the Commission' s Derry L Hfteaman David C. Roland redeliberation of the 1984 Northwestern Bell rate deci- Karen A. Chameriik sion. The SRA asked for a reduction and the April 3, Paul D.Baertschi 1967, Order resulted in an increase. It has also moved the issue of the Tier System to the forefront of matters to be addressed by the Commission in subsequent proceed- ings. First, the dollar benefit to Tier III and IV, as well as Tier II, customers as a result of SRA supported positions is significant. As a result of the original redelibera- tion of the .1984 Northwestern Bell case, Tier II custom- ers will clearly benefit. The Commission ordered a $12,000,000 reduction in overall annual revenue increas- es, some of which will inure to the benefit of Tier II customers. The $12,000,000 reduction could be applicable from July 27, 1984 through as late as 1989. The SRA's most recent challenge resulting in the attached order will save Tier III and IV residential and business customers a combined figure of over $600,000 per year. December 28, 1987 Page 4 New telephone rates for Tier I and II customers will not be known until all appeals from the Commission Redeliberation have been resolved. We expect a final decision on the Northwestern Bell appeals some time during the early spring of 1988. Second, as a direct or indirect result of SRA efforts, the Commission has made the Tier System one of the major issues in the present Extended Area Service proceeding. The SRA is sponsoring a witness, Bruce Nawrocki, to express the SRA policy against the perpetuation and expansion of the Tier System. Very truly yours, LeFEVERE, LEFLER, KENNEDY, O'BRIEN ,6, DRAA/W/Z �� C V James M. Strommen JMS:jdn Enclosure i; i LAW OMCES KPASS & MMONROE CHARTERED /,I Phillip R. Kress CMYrxiiJq/ Q Dennis L.Monroe /T} all Road Business Center Barry K.Meyer U�` Trevor R. %bisten _ AST,P1ar,,shall Road Jay D.Goldberg P.6.'Bor PtAz Elizabeth B.McLaughlin Shakopee,Minnesota353T9 Sussn L.Estill Diane M. Carlson Telephone 445-5080 Lachbn B.Muir FAX 4457640 Robert J. Walter Kent A. Carlson,CPA January 5, 1988 Mr. John Anderson Ms. Cynthia Dressed City Administrator City Administrator City of Shakopee City of Belle Plaine 129 East First Avenue 420 East Main Street Shakopee, MN 55379 Belle Plaine, MN 56011 Mr. Mark McNeill City Administrator City of Savage 6000 McColl Drive Savage, MN 55378 li Dear John, Mark and Cynthia: The Court of Appeals has rung in the New Year with an excellent case involving cities' rights with respect to conditional use permits. I enclose a copy of that case in which the City of Maplewood granted a conditional use permit for the construction of a parking lot adjacent to a garden center on property zoned for residential use. This special use permit allowed only parking and prohibited storage. Fifteen years later the owner obtained a building permit from the City to construct a trailer garage in the parking lot. The garage was apparently almost done when the neighbors complained, the City discovered its error and issued a stop work order. The owner sued contending he relied and the Trial Court granted a summary judgment in favor of the owner. The Appellate Court reversed and said that the owner was presumed to have knowledge of the restrictions in the conditional use permit and cannot now be heard to rely on the error of the City. The good guys do win sometimes. Verji-p' . urs, ]GRASS8 CHARTERED ess PRK:mlw Encloscre Ehlers andAssociates, LEADERS IN PUBLI EINANCE 0NEWSLETTER 1 OFFICES IN MINNEAPOLIS AND WAUKESHA - 507 Marquette Avenue - Minneapolis, MN 55402-1255 - 6123398291 VOLUME 32, NUMBER I1 FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body member JANUARY. 1988 O.K. everyone, write it out, 1988, 1988, checks, appointment books, letter, -- and have a great year! "STOCK MARKET CRASH" Our clients seem largely unaffected by market crash talk. School, county, and city projects are going forward. Matter of fact, the best time to build is when other are retrenching. Better quality construction at a lower cost, faster work, and possibly lower interest rates are easier to obtain. Payment is in the future when times are better. EHLERS AND ASSOCIATES IS GROWING! While many bond underwriter have reduced operations or pulled out of municipal underwriting altogether, Ehler and Associates is growing. With the formation of Ehler Capital and Development, Inc. this Fall, we recruited Mike Grossman to provide development services to the public and private sector. Steve Emerson from Miller & -Schroeder has joined us with over twelve year experience in financial advisory work. We welcome the expertise and background of both. ARE CITIES GIVING AWAY TOO MUCH FOR ECONOMIC DEVELOPMENT? Ehler and Associates recently assisted New Ulm, Minnesota in analyzing a developer's proposal requiring substantial public improvement financing. Jeanne Frederick developed a new computer program that calculates how much city financing is appropriate and how much a city might expect to recapture depending on the developer's mortgage interest rate, rents and retail sales actually realized. In this case Ehler and Associates prospectively saved the City approximately $400,000 plus interest (about $725,000 total) of tax increment contributions that we determined were not necessary to support the project. The program is an invaluable new tool for evaluating the public role in economic development. LEASE PURCHASING "Lease purchasing" is becoming accepted as a means of buying improvements, including buildings, but governing bodies have to be alert to the real terms. One county who was offered an extremely favorable "net" interest rate which, after close examination, was after deducting investment earnings. The actual rate was 4% higher when figured conventionally. Some say that lease/purchase deals are complex and must be negotiated privately with an underwriter. They are more complex than standard general obligation bonds, but rating agencies, insurers, and underwriters understand and competitively bid them. All our lease/purchase issues went to public sale with excellent results. Academic studies show that negotiated sales cost .75% higher interest, which amounts to $100,000 on a $1 million, 20-year issue. Ask Cass County, North Dakota and Clay, Becker, and Sherburne Counties in Minnesota about our success. Carolyn Drude is also working on lease/purchase projects in Beltrami and Chisago Counties. UPCOMING CONVENTIONS We're looking forward to seeing you at the upcoming conventions: National Association of Housino and Redevelopment Organizations -- January 13-15 at the Holiday Inn Downtown Mankato. We will be cohosting the hospitality hours on both the 13th and 14th from 5:30-7:00 p.m. Minnesota School Board Association -- January 18-19. Visit our larger exhibit at its new location in Space No. 518 & 619 across from St. Paul Book & Stationary. Meet our staff and visit with our account executives. Wisconsin Association of School Boards -- January 20-21. Visit our exhibit at Booth 0111 at the Milwaukee Exposition and Convention Center. Association of Minnesota Counties -- January 31 - February 2 at the Radisson South in Bloomington. Join us for refreshments on Sunday night to watch the Super Bowl on large screen TV. We will also provide poolside hospitality room the night of February 1. Wishing you one more successful year, FREERS ASSOCIATE I L. Ehlers l � CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED December, 1987 Yr. to Date- Previous Year Number Number Valuation Number Valuation Mo. Ytd. Single Fam-Sewered 2 43 3,525, 600 - 42 3, 329, 474 Single Fam-Septic 3 18 2,224,000 1 22 2, 030, 650 Multiple Dwellings - 8 4,570,500 - 5 2, 992,200 (/ Units) (YTD Units) (-) (129) - (-) (102) - Dwelling Additions - 61 320, 117 - 47 304,034 Other - 16 354, 300 1 11 1,180,300 Comm New Bldgs - 5 1, 125, 000 - 8 9, 962,510 Comm Bldg. Addns - - 5 339,000 - 4 942, 267 Industrial-Sewered 1 2 775,000 - - - Ind-Sewered Addns - - - - 3 4, 420, 000 Industrial-Septic - - - - - - Ind-Septic Addns - 2 167, 475 - - - Accessory/Garages 1 34 215, 217 3 31 164, 650 Signs & Fences 2 62 103, 320 1 84 151, 665 Fireplaces/Wood Stove - 7 18,100 1 8 14,577 Grading/Foundation - 8 61,500 - 13 439, 800 Remodeling (Res) 2 35 212, 305 1 28 78, 573 Remodeling (Inst) - - - - - - Remodeling (Comm/Ind) 4 39 522, 056 2 47 5,712, 495 TOTAL TAXABLE 15 345 14,533, 490 10 354 31,452, 685 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 15 345 14, 533, 490 10 354 31, 452, 685 No. Ytd. No. Ytd. Variances - 18 - 12 .Conditional Use 2 17 1 30 R,ezoning - 1 1 3 Moving - 3 - 2 Electric 19 254 18 325 Plbg & Htg 18 284 14 309 Razing Permits Residential - - - 1 Commercial - - - - Total dwelling units in City after completion of all construction permitted to date. . . . . . . 4, 185 Cora Hullander Bldg. Dept. Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN DECEMBER, 1987 7681 Lawrence Sign Co. 100 N. Market Sign 3, 000 7682 Arlo Rippentrop 502 E. 1st Alt. 2,250 7683 Dorothy Stocker 537 Sommerville Alt. 1, 000 7684 Bierlein Const. 1099 Madison Alt. 3,500 7685 E. L. Prahm 1369 E. 1st Ave. Alt. 2, 500 7686 Gardner Brothers 2157 Herit ge Drive House 61, 400 0'9 a- . ; t /°i 7687 Timberline Bldrs . 2325 Horizon[" rcl� House 150,000 oSBL 7688 Clete Link 1990 W. 3rdrd Air Stg. Bldg. 13,500 14 7689 CertainTeed 3303 E. 4th Ave. Alt. 11,000 7690 Signs Unlimited 232 Marschall Rd. Sign 2,500 7691 Gardner Brothers 2174 On x rive House 79,800 7692 Hallmark Homes 7800 Hor'i/yon Drive House 78,400 7693 CertainTeed 3303 E. 4thve. New Bldg. 175,000 7694 Ron Hughes 123 E. 1st Alt. 800 7695 John Schaeffer 2928. 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Nooa NNN N Y N. mo ae mJNeW a 0 m'. 0 N oNN N OV N 'n 1 e ':o eo eo o eo a e e e P m - roa ro' rouu P NP um l - INNW ld�-O N J NNNOPNW 0 0 p .O N NJI I NIN a a P o NN ON -JONodP0PN0JlJ PNb N' 0P lJPPONNNON n-1 0 ' - V4 W JNdmN4 mPMO 0 00o mJW WomJN O O - P 0 0 m 0 W N. W Y IWIPN JNOWOO JPN J. W We�m NpOoa D T s u 01 0 d P NN N y NNwJWPJWmOytlWW aWPbN W-Nea D' _ O O . mmro e e Y o W Nlro JONJIOVWN W-N I.N ON N W N NY !b-pN ! l W N N p y a d "IONNNNY-OJN-eP P bOOJoaNbNO 2 9 1 aJPIOWPHmoWONNNVaN WO -WONIVOP m n m N, p � bNl _ uouNPP Pomma- N-ImNmeP .O OmONmaNm u a aouJo --mi=-IU NuouroJroalW roJ eN-ormPem 1p Itl u u ro m . ... ... ... o�OoaJ N mPOOMbb-Y` y - I i i z o y =1 I mn a mm �r o c I ' A I p i I A o I a I r� a A z c a I z A H' 1 H I o i A'I i W 0 =K I u m J' CI T ro ro s 1 y s A N D m r N D Gf m m MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on December 7, 1987, at 4:30 P.M. in the Utilities meeting zoom. MEMBERS PRESENT: Commissioners Cook and Kirchmeier. Also Manager Van Bout, Liaison Wampach and Secretary Menden. Commissioner Kephart was absent. Motion by Kirchmeier, seconded by Cook that the minutes of the November 4th regular meeting and November 30 special meeting be approved as kept. Motion Carried. BILLS READ: City of Shakopee 20,032.00 AT & T 18.57 American Water Works Association 54.00 Aquatrol Corp. 113.75 Berens Market 127.51 Bill's Togery 638.92 Borders States Electric Supply 1,038.25 Business Outfitters, Inc. 159.06 Carlson Hardware 35.37 Chapin Publishing Co. 99.84 C.H. Carpenter Lumber 19.11 City of Shakopee 336.39 City of Shakopee 1,696.51 Dahlen, Berg & Co. 1,527.00 Davies Water Equipment 435.49 Ditch Witch of MN, Inc. 58.40 Feed-Rite Controls, Inc. 20.00 Fonder Cleaning Systems 350.00 Ray Friedges 60.75 Glenwood Inglewood 8.95 Graybar Electric Co. Inc. 1,133.12 H & C Electric Supply 514.85 Jasper Homes 687.00 Kuhlman Corp. 1,184.00 Leef Bros. Inc. 23.80 MN Deuart. of Public Service 11.75 M.V.T.L. 27.20 Motor Parts Service Center 29.81 Noble Nursery 7,853.65 Northern States Power Co. 253,091.09 Northern States Power Co. 817.91 Northern States Power Co. 664.64 Northland Electric Supply Company 67.98 l� MW Bell Telephone 258.44 Pitney Bowes 87.75 Reynolds Welding Supply Co. 13.42 Schoell & Madsen, Inc. 884.98 Scott Co. Sheriff Communications 439.60 Shakopee Public Utilities Commission 256.01 Shakopee Services, Inc. 26.00 Sirek's Hydraulic 603.60 S.H. Hentges & Sons Inc. 6,400.00 Total Tool 109.13 Dean Smith Trenching 276.00 Southwest Suburban Publishing 118.07 Starks Cleaning Services 53.40 Unisys Corporation 3,970.26 Valley Industrial Propane 11.03 Lou VanHout 86.94 Viking Steel Products 92.50 Water Products Co. 5,489.15 Wesco 1,531.65 L. Wilson Power 2,142.22 Woodhill Business Products 360.65 Yale Cordage 16.19 Motion by Kirchmeier, seconded by Cook that the bills be allowed and ordered paid. Motion carried. Ken Adolf, Schnell and Madson was present to present the bid tabulations received on December 2, 1987 for the remodeling of pumphouse #2. Motion by Cook, seconded by Kirchmeier to award the bid to Northwest Mechanical, Inc. of Long Lake, Minnesota in the amount of $50,979.00. Motion carried. A discussion was also held on the proposed water distribution plan for Stonebrooke Golf Course and Development. Various methods of cost sharing were discussed. Further discussion will take place with the developers. { Liaison Wampach reported that Ken Ashfeld, City Engineer is leaving his position as of January 1, 1988. A communication from Bradford and Prochnow, attorneys for Curtis and Denise Bradford regarding the Prairie House 1st. Addition was acknowledged. The I! communication was a request to remove the looping requirement on a tract of land they presently own being sold to the Department of the Interior. It was the consensus of the Commission that the looping requirement be removed from that property since it will never be developed, other requirements will be reattached if water service is desired at any time in the future. Manager VanHout presented a draft of the five year capital improvement plan. A discussion was held. A final draft will be presented at the next meeting with the recommendations discussed. Manager VanHout informed the Commission of the proposed cost increase on wholesale electric power. An estimate is being made as to how much of the actual increase will be allowed and this estimate will be reflected in a future rate increase to our customers. ' S A promotional night light was shown to the Commission for their approval. An organized method of distribution will be examined. Manager VanHout informed the Commission of suprise OSHA inspection held last week. Their report is to follow. A motor in well R6 is in need of repair. A discussion was held as to whether it would be more feasible to replace the motor than to repair it. Cost estimates will be gathered and the repair/replacement ordered. There were no new plats for November, 1987. There was one fire call for 45 minutes for the month of Novemver, 1987. There were no lost time accidents for November, 1987. The next regular meeting will be held on Monday, January 4, 1988 at 4:30 P.M. in the Utilities meeting roan. Motion by Kirchmeier, soconded by Cook that the meeting be adjourned. Motion carried. Barbara Menden, C Fission Secretary PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE REGULAR SESSION CITY HALL COUNCIL CHAMBERS DECEMBER 16, 1987 Chairman Laurent called the meeting to order at 7:41 a.m. with Harry Kohler, Rubin Ruehle, Jerry Wampach, Jim Stillman, Rev. Mary Keen and Terry Forbord present. Absent were Bill Wermerskirchen, Joe Topic, and Ex-Officio Member Tim Keane. Also present were Barry Stock, Administrative Assistant; John Anderson, City Administrator; Dennis Kraft, Community Development Director; and Bob Schmitt, County Assessor. Funding for the downtown signs was discussed. Also, favorable comments from the committee relating to the Downtown Update. Chairman Laurent introduced two new members - Rev. Mary Keen and Rubin Ruehle. Forbord/Stillman moved to approve the agenda with the following to be added under other business: Council Vacancy, Request for update on information regarding Mini-Bypass and Benches. Motion carried unanimously. Forbord/Kohler moved to approve the minutes of the November 25, 1987 minutes. Motion carried unanimously. The Administrative Assistant briefly summarized the revolving loan program. He stated that City will work with the bank to provide funding for the rehabilitation of downtown buildings. The City's interest rate will depend on the term of the loan. The minimum loan amount is $5,000. This program cannot be used for the rehabilitation of rental units. The banks will use their own loan guidelines in approving or denying the loans. If there are cases that the bank will not approve, the City might still consider the loan. Funding for the program will come from tax increment assessments, the H.R.A. reserve fund or grants. The H.R.A. will be approving the loans for the City. Mr. Laurent asked if the loan payments were amortized over the period of the loan. Mr. Kraft stated that there is no specification either for a balloon payment or amortization. The suggestion was made that "Economic Development Director" be substituted for the name Dennis R. Kraft in the documents. Discussion was held regarding the submission of personal and business financial statements in case of the bank not approving the loan. Mr. Kraft suggested that if the City is the primary loan holder, participants would submit their financial statements to an independent accounting firm selected by the City. The accounting firm would then prepare a financial report on the applicant. It was suggested to change the order of Step Six and Step Seven on page 8. Discussion was held relating to the position of the City in lien rights. Mr. Forbord requested a /.6 Downtown Ad Hoc Committee December 16, 1987 Page 2 clarification of the use of bond counsel fees. Mr. Stock stated that this might occur in a large project that utilizes several funding mechanisms. Mr. Forbord brought up the matter of the bank having the first mortgage and that the City would hold an inferior position to the mortgagee. Mr. Stock stated that applicants must comply with the City's design standards and specifications. Preliminary Plans and Specifications will be submitted by the applicants. A clause for payment of consultants' fee should be included. Step two, D. add other related costs and state Bond Counsel Fee, if applicable. The necessary amount of owner equity in the property was discussed. Mr. Kraft stated that this would be determined on a case-by-case basis. Forbord/Kahleck moved to table this matter until staff has redrafted the guidelines as to the above comments. Motion carried unanimously. Questions were addressed to Mr. Bob Schmitt, County Assessor. The first question was posed by the Administrative Assistant and related to the impact on taxes of the Downtown Street Improvements. - Mr. Schmitt stated that the Streetscaping project itself will not affect property taxes. They will only increase if properties are sold and the market value is increased due to sale prices and a higher demand for property in the Downtown. He went on to state that property market values could also increase if Downtown property owners experience higher retail sales and income. Mr. Schmitt stated that the commercial values in downtown have been going up over the last few years. Another State increase of (10%) has been received and is payable next year. Mr. Schmitt stated that the tax valuation of properties may increase, but it is not due to the streetscaping being done. The only way that would increase the values is if the properties are selling for more. Vacant land will also be increased, but not as much as occupied commercial property. The Downtown Survey was discussed with the suggestion that a personal representative from the City go out to collect the surveys if enough response is not obtained. All occupants and landlords involved in Phase I will receive it. Feedback on parking will be asked for after Phase II. Specific benefits relating to the small group meeting if attended were discussed. Suggestions for improving vehicle and pedestrian /6 Downtown Ad Hoc Committee December 16, 1987 - - Page 3 access will be requested in the survey. An explanation of nodes should be included in the survey. A letter of appreciation from Betti Lu's and a letter of appreciation from the City to Gene Brown for implementing temporary parking were received by the Committee. It was the consensus of the Committee that a letter from the Downtown Committee be sent to the family of Bill A. Wermerskirchen, Sr. acknowledging his work for Downtown. The Administrative Assistant will draft a letter relating to this issue. Mr. Anderson stated that the Council vacancy issue was tabled by council until the new Council comes in. Mr. Ashfeld stated that a design engineer has been hired to go ahead with the Mini-Bypass final design plans. There has been no delay on this project. January 13, 1988 will be the next meeting of this body. Mr. Wampach suggested that the Committee recommend that no additional benches be ordered for Part I, Phase II. Mr. Ashfeld stated that originally, 24 benches were ordered for Phase I, Part II. He went on to state that this amount could be increased or decreased by simply contacting the contractor. Kahleck/Stillman moved to recommend to City Council that the benches on Phase I, Part II not be ordered until Phase I, Part II is complete and an assessment is made to determine how many benches are needed. Motion carried unanimously. Mr. Wampach reviewed the possible removal of the railroad crossings near Apgar and closing of Apgar between 1st and 2nd Avenues. Forbord/Stillman moved to adjourn. Motion carried unanimously. the meeting was adjourned at 9:10 a.m. Barry Stock Administrative Assistant Peggy Swagger Recording Secretary ADHOCDEC16 17 MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Senior Citizen Congregate Dining DATE: January 7, 1988 INTRODUCTION To clarify a number of questions regarding our involvement in the congregate dining facility and other related senior programs, I offer the following: BACKGROUND When the senior highrise was in the design stage, Council and Scott Carver Economic Council decided that there was a need for a subsidized elderly housing facility and also a definite need for a congregate dining facility to meet the nutrition needs of a number of Shakopee senior citizens. This decision was based on a survey conducted by both agencies and was confirmed by the developer through his independent survey, which was a required document for his financial institution. The developer agreed to construct the dining facility and lease it back to the City for $1.00 per year plus our share of the utilities. We in turn, provided the original equipment necessary for the kitchen to function (stove, freezer, dishwasher, refrigerator, tables, chairs, etc) . It was our original responsibility to maintain the equipment in working order. Scott Carver's responsibility toward the program is writing the federal grant from Met Council, food purchasing, menu planning, hire kitchen help and provide in service training for kitchen employees to assure federal and state sanitation standards. The Council in their wisdom decided prior to construction of the facility that a need existed and should be met. They decided it was one of the most positive, visible actions they could take, and to date it has been extremely successful. It is my guess any thought of cutting back in this area could be uncomfortable for any incumbent if the cutback can be laid at his/her feet. Our hard cost for the dining program is as follows: Rent $ 1. 00 per year Gas $ 6,429. 13 per year Electricity $ 5,642.73 per year Cleaning $ 6,628.97 per year Inspection Costs $ 650.00 per year Commercial Cleaning $ 600.00 per year Misc. Repairs & Maint. $ 1,000.00 per year Total Cost. $20, 951.83 r ? To measure the worth of the program, one must realize that 75 to 100 people are served per day, 5 days per week, 52 weeks per year, say an average of 80 meals per day or 20,800 meals per year. Over 508 of the meals served are served to people not living in the highrise. In many cases, it represents the only well balanced, nutritional meal some of the seniors receive each day. There is no charge for the meals. A donation of $1.50 per meal is requested to offset the federal cutbacks and maintain a good nutrition level. If the seniors cannot afford to donate $1.50 they can donate as little as they want to or nothing at all. To expand on the positive, visible aspect of this program, as you know, I put on a fish fry for the seniors every year. Because of my employment position with the City, the seniors think the Council puts it on for them and I am there working. I have been asked hundreds of times to thank the Council for the fish fry and also the Christmas party which the Lions, K.C. 's and J.C. 's put on for them. Other then the original equipment the City purchased for them, I have managed to hit the "street" for mixers, blenders, grinders and cutters at no cost to the Council. Still, I receive thank you notes addressed to the Council for their donations of these items. The program the Council set up to provide this service is working as intended. It is visible and positive. It provides a considerable amount of P.R. for the Council. It provides the biggest bang for your buck you will ever getl I sincerely hope the new Council will retain this old idea if not for anything other then the humanitarian reasons. LH:cah 19 PHcc OF HENNESOTA 2801 WAYZATA BOULEVARD,SUITE 203 MINNEAPOLIS,MN 55605 PHONE(6121377-080 January 13, 198%i LeRoy Houser Building Inspector City of Shakopee 129 E. 1st Ave. Shakopee, MN 55379 Dear Mr. Houser: We are an association of plumbing-heating-cooling contractors with members throughout the outstate and metropolitan area. Recently, we sent a survey to our members asking them to rate the various inspection departments of communities in the metro area. Communities were judged on ease in taking out permits, permit fee structure and availability and knowledge of inspectors, among other things. Your community was ranked as having one of the better inspection departments in the metro area by the majority of the contractors responding. We, as an association, wish to thank you for helping our contractors � operate more effectively and within the law in your community- This type of cooperation is good for the customer, the contractor and the community. Again, we thank you, and hope that this good relationship will continue. Sincerely, Donald Sullivan Executive Director Minnesota PHCC MINNESOTA ASSOCIATION OF PLUMBING-HEATING-COOLING CONTRACTORS, INC. Mr. Bradley D. Swanson Page Two January 14 , 1988 The City is willing to permit the reduction of the letter of credit as improvements are completed and the one year warranty period has expired. The improvements to Lot 4 have been made, however, the warranty period has not expired. Upon expiration of the one year warranty period, the City is agreeable to permit the existing letter of credit to be reduced by an amount equal to the value of the improvements to Lot 4. Yoo'IuJIrs truly, Judi Cox / City Clerk TSC/jms cc: John Anderson, City Admr. City Council � o CITY OF SHAKOPEE H INCORPORATED 1870 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 553794376 (612) 4453650 !wy January 14, 1988 Mr. Bradley D. Swanson Attorney at Law 5000 Colfax Avenue South Minneapolis, MN 55419 Re: Letter of Credit for J.O.N. Investment Company Century Plaza Square 3rd Addition - Dear Mr. Swanson: This letter is in follow up to your letter dated December 30, 1987 to Mr. John Anderson and in follow up to our telephone - conservation this morning. The letter of credit on file with the City from J.O.N. Investment Company is a requirement of the developers agreement for Century Plaza Square 3rd Addition.- Within the developers agreement, the developer selected Plan A, whereby the improvements are made by the developer rather than by the City and assessed. The letter of credit is to assure that the developer makes these improvements. Both the City Attorney and I agree that the letter of credit on file should not be released until the improvements have been made and the one year warranty period covering the work has been completed. Pursuant to our telephone conversation, there are two alternatives which the City would consider in lieu of the letter of credit from J.O.N. Investment Company. First, the City could accept a letter of credit from Helen and Clete Link in exchange for releasing the letter of credit from J.O.N. Investment Company. Secondly, the City could consider accepting a request from the current property owners of Lots 2, 3 and 4 to amend the developers agreement by transferring the improvements from Plan A (to be constructed by developer) to Plan B (to be constructed by the City) . The Heart of Progress Valley JULIUS A. COLLEN.R JULie A . A ATTORNEY aT Law ssiso�E wEs. ..,, . SHAEOPEE. MINNESOTA 553Z9 Memo to: Mrs. Judith Cox, City Clerk From: Julius A. Culler, II, City Attorney Date: January 13, 1988 Re: Letter of Credit No. 169 hereinafter referred to J.O.N. Investment Company, the developer of Century Plaza Square, Third Addition, signed a Developer's Agreement in July of 1985 together with Helen and Cletus Link and in consideration of the said agreement and subsequent cooperation by the City of Shakopee pursuant thereto, the investment company obtained a Letter of Credit from the First National Bank of Shakopee No. 169 in the sum and amount of $19,129.57 in favor of the City and to guarantee performance by the Developer Investment Company of its share of the Developer's Agreement. Subsequently, the investment company defaulted on its payment to the Links under the terms of Contract for Deed covering the above described property and as a result Links terminated the contract for deed and J.O.N.Investment Company no longer has any interest in the property. They now ask that the City release the Letter of Credit. It is my opinion and I strongly recommend that the Letter of Credit not be released until - A. All the improvements required to be made have been made and paid for, and B. The warranty period covering the work so done and completed expires, or C. Until Helen and Cletus Link, present fee owners, obtain and deliver to the City a like Letter of Credit to be filed in place of the one now held by the City and above referred to. BRADLEY D. SWANSON ATTORNEY AT LAW 5000 COLFAX AVE. S. MINNEAPOLIS, MN 55419 (612) 824-8105 _ December 30, 1987 City of Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Attention: City Council John Anderson, City Manager Gentlemen, This letter serves to put you on notice that J. 0. N. Investment Company, a partnership comprised of Leland Jonason, Dennis Olson and Carl Nelson, no longer has any equitable nor legal interest in 'the tract they were- developing known as: Century Plaza Square 3rd Addition, Lots 1-4. The land has reverted back to the fee owner, Cletus Link, after Link had served a Notice of Cancellation on J. 0. N. 's Contract for Deed on August 1, 1987, (CD dated May 31, 1985, and recorded on October 8, 19853 as document #214178) as per MN. Stat. #559.21. J. 0. N. has made no effort to cure their defaults during the ninety (90) day period of redemption set out in the Cancellation Notice. Nor has J. 0. N. requested any extensions of their redemption period as per MN. Stat. ¢582.01 to $583.12. Consequently, the contract has been cancelled and thus is terminated per statute and has now reverted back to the fee owner, Cletus Link. Therefor , at stronglyes consider releasing J. 0. N.N. gfrom sthe aIrrevocable Council of Credit No. 124, originally dated July 12, 1985, in the amount of $19,129.57, now held by the City with the First National Bank of Shakopee. For in conformance with the provisions of the development agreement entered into on July 8, 1985, between the City of Shakopee and J. 0. N. Investment Company (document 5215698), J. O. N. has performed its obligations on the lots it sold and developed; namely lots 5 1 and 54. Under the Development Agreement (page 2), J. 0. N. was only liable for Plan A Improvements (sidewalks and drainage, grading and storm sewer laterals per plans) on all lots they sold and developed. J. 0. N. has performed these obligations as fully as possible. Plan A Improvements have been fully performed on Lot 51 sold to Bohlen.. Lots u2 and 53 are December 30, 1987 City of Shakopee Page 2 still unsold, and thus were not developed by J. 0. N. (Link now owns these remaining two (2) lots). Lot #4 has been completed except for the sidewalks which J. 0. N. attempted to put in, but were ultimately denied from installing because the owner, Murray R. Williamson, representing the Shakopee Super Eight (8) Partnership, did not want to disturb his already installed underground sprinkler system. Thus, J. 0. N. certainly attempted to put in the sidewalk, but were refused by the owner. Pursuant to the Development-Agreement on page eleven (11) (D- Release of Developers Agreement), the Agreement states it will release the developers upon completion or partial completion of Plan A Improvements. As explained above, J. 0. N. has performed fully on Lot #1 and as fully as possible on Lot #4, and, therefore, asks to be released from the letter of credit described herein. Furthermore, pursuant to pages ten (10) (B) and eleven (11) (Binding Effect), the Agreement specifically states that its provisions: shall be binding upon all future owners of all or any. part of the subdivision and shall be deemed covenants running with the land." Consequently, the developmental obligations, on the remaining lots #2 and #3, shall be binding upon the present owner, Cletus Link, as per the Development Agreement (pages 10 and 11 ) (B). In conclusion, J. 0. N. strongly urges the City Council to consider their request to be released from the letter of credit described herein. Again, J. 0. N. stresses that they have fully performed their obligations as far as possible on the lots they developed (#1 and #4) and that the other two lots (#2 and #3) have reverted back to the fee owner, Letus Link. , J. 0. N. requests a clarification on this matter as soon as possible as their letter of credit is up for renewal January 1, 1988. If you have any further questions, please call me at 824-8105. 1 appreciate your time spent on considering this matter, and hope we can settle this soon. Yours truly, Mey/ sCS ✓✓,iy�,� Brad D. wanson Attorney for J. O. N. BDS/lan zz TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Employee List - Informational ' DATE: January 13, 1988 Introduction Attached is a list of employees as requested by Council at a recent Council meeting. CITY OF SHAKOPEE 1988 PAY PLAN JOB TITLE EMPLOYEE STEP AMOUNT City Admin. John K. Anderson #6 (TOP) $53,644 Finance Director Gregg Voxland #6 (TOP) $45,620 Comm. Develop. Dir. Dennis Kraft #6 (TOP) $41,278 Police Chief Tom Brownell #6 (TOP) $48,295 Comm. Serv. Dir. Geo. Muenchow #6 (TOP) $41,727 City Engineer PW Supt. Jim Karkanen #6 (TOP) $38,824 Inspector LeRoy Houser #6 (TOP) $37,965 City Clerk Judith Cox #6 (TOP) $32,934 Eng. Coordinator Ray Ruuska #4 (TOP) $32,099 Dep. Police Chief John DuBuois #4 (TOP) $40,623 Asst Inspector Fulton Schleisman #4 (TOP) $30,959 Planner II Doug Wise #4 (TOP) $34,006 Tech III/MIS Coord. Steve Hurley #4 (TOP) $30,840 Admin. Asst. Barry Stock #2-lyr. $24,205 SR.Clk/Personnel Marilyn Remer #4 (TOP) $28,772 Tech III John Deiacey #3-2yr. $25,157 Secretary Pat Mohrbacher #4 (TOP) $21,087 Jeanette Shaner #4 (TOP) $21,087 Pat Pennington #4 (TOP) $21,087 Toni Warhol #4 (TOP) $21,087 Cora Hullander #4 (TOP) $21,087 Accounting Clerk Eileen Klimek 3-2yr. $18,081 Clerk Typist II Therese VanCleve #4 (TOP) $19,659 Agnes Unze #4 (TOP) $19,659 Receptionist Tamara Vidmar #2-lyr. $13,636 Custodian Loyola Marshall #4 (TOP) $8.328/hr. Rose Mertz #4 (TOP) $8.328/hr. Bernice Lebens #4 (TOP) $8.328/hr. Light Equip Operators Todd Brinkhaus #4 (TOP) $12.39/hr Richard Cheever #4 (TOP) $12.39/hr Joe Honermann #4 (TOP) $12.39/hr Heavy Equip Operators Gerald Dircks #2 (TOP) $13.01/hr. Wm. Doege #2 (TOP) $13.01/hr. Parkkeepers Glenn Hedya #4 (TOP) $12.39/hr. Mike Hollander #4 (TOP) $12.39/hr. Wally Lureen #4 (TOP) $12.39/hr. Street Foreman Harold Pass TOP $14.02/hr. Mechanic Gene Jeurissen #4 (TOP) $13.25/hr. Park Leadman Howard Heller TOP $13.03/hr Police Sergeants Dennis Anderson TOP $18.05/hr. Richard Kaley TOP $18.05/hr. Patrolman Ron Carlson $16.085/hr. Brian Clark $12.147/hr. Terry Doyle $16.085/hr. John Flynn $15.94/hr. Bryan Koch $11.388/hr. Dave Nelson $13.666/hr. Gary Nosbusch $16.085/hr. Gerald Poole $16.085/hr. Ron Scherer $16.244/hr. Gregory Tucci $11.388/hr. Russ Lawrence $16.085/hr. Detective Don Bisek $16.821/hr. Juvenile Officer Earl Fleck - $16.085/hr. i MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Community Development Commission Newsletter (Non Agenda - Informational) DATE: January 13, 1988 INTRODUCTION AND 13ACKGROUND: In 1987, the Community Development Commission moved to initiate a quarterly newsletter that would be distributed to Shakopee residents. Shown in attachment #1 is a copy of the proposed February Community Development Commission Newsletter. Please note that the first issue focuses on the mechanics of tax increment financing. I believe that this issue will go a long way in educating Shakopee residents on what tax increment entails. I have taken extra efforts to make sure this issue is not biased in favor of or against tax increment financing. I have tried to simply state the facts. The issue will also include a section updating residents on several of the major projects now underway in Shakopee (attachment #2) . A tax facts section and 1987 Annual Building Report Information (see attachment #3) will complete the content of the February Issue. If you have any questions or concerns regarding the content of the January Community Development Commission Newsletter, please feel free to call me at 445-3650 on or before January 27, 1988. Attachment pl THE MECHANICS OF TAX INCREMENT FINANCING Tax Increment Financing (TIF) is a financing technique utilized by cities to encourage economic development and/or redevelopment. Approximately thirty-two states have statutes that authorize the use of TIF. Since its inception in Minnesota, over 200 cities have utilized TIF. Policy Consideration Tax increment financing has been the topic of political controversy since its inception. The major point of contention is that tax increment financing allows cities to take revenues away from counties, school districts and their own service departments in order to subsidize private development. In response to these arguments, TIF can be considered as one of the few remaining tools available to cities to encourage economic development; the rehabilitation of blighted areas to preserve the city's tax base; provide job opportunities; and assist in the construction of housing for low and moderate income families. Additionally, it should be pointed out that State law mandates thr following: "If a development project could be constructed without TIF assistance, then TIF cannot be used. -- Economic sed. "Economic Realities Communities in the metropolitan area compete with each other to attract commercial and industrial tax base. Many communities offer free land or property tax incentives to developers who locate in their community. Tax increment financing is the tool most often used to finance these incentives. Providing these types of incentives to developers has positive effects on a community. For example, if 100 new jobs are generated by a new business, many of these persons will build or buy homes in the community. These persons will also purchase many of their household needs from merchants within the community. Other benefits may include the elirination of deteriorated structures and the improvement of blighted land that may not have otherwise been suitable for development. Without the full utilization of this economic development tool, the City of Shakopee may face the possibility of the deterioration of its tax base and the possibility of higher _ residential taxes in relation toother communities in the metropolitan area. Shakopee's Use of TIF In addition to paying off bonded indebtedness, proceeds from Shakopee tax increment projects have been used to finance all or part of the following public improvements: _ Industrial Park Water Tower Industrial Park Water Wells Industrial Park Water Mains Industrial Park Roadway Improvements Upper Valley Drainageway Downtown Redevelopment Project Downtown Bridge and Mini By-pass Second Ave Parking Lot Signalization On T.H. 101 Levee Dr. Road Improvements Sr. Hi-Rise Water Main Holmes St. Basin Storm Sewer It is important to note that if it had not been for the availability of tax increment financing, these public improvement projects either would not have occurred or would have had to be financed through municipal property taxes and/or other sources such as special assessments or user fees. How It Works Minnesota's Tax Increment Financing Act includes provisions governing the establishment of three types of tax increment districts: (1) Redevelopment, (2) Housing , and (3) Economic Development. The mechanics of tax increment financing can best be explained by an example: Within the City there is created a hypothetical tax increment District. (The creation of a TIF district normally requires a finding that the property within the district is blighted. ) Parcel A, located within the District generates $12,900 in real. estate taxes per year. Tax Computation Process 1. The local assessor determines that the market value of Parcel A is $300,000. 2. By law, 43% (the assessment ratio) of the market value of commercial property is subject to the property tax, or $129,000. ($300,000 x .43) 3. The combined mill rate in the City (City, County, School District) is 100 mills or 0.100. 4. The owner of the Parcelpays $129,000 x .100. or $12,900 in property taxes. A developer investigates the possibility of constructing an office structure on the Parcel and determines that due to the blighted conditions of the site, redevelopment efforts would be cost prohibitive without the use of TIF. The City agrees to enter into a contract with the developer for the construction of a $5 million dollar office facility on parcel A. The City agrees to acquire the parcel, prepare it for development and resell it to the developer for the initial acquisition cost of $300, 000. The City issues $835,000, of tax increment bonds to cover the up front costs of the project. The proceeds are expended by the City as follows: Capitalized Interest (to pay interest on $178, 000 bonds until tax increment becomes avail- able through normal ad valorem taxation process) Issuance Costs (legal and fiscal) 17, 000 Discount (paid to underwriter to purchase and resell bond) 15, 000 Land Acquisition (Parcel C) 300, 000 Demolition (existing Buildings) 50, 000 Relocation (per Federal Act) 50, 000 Utilities (on site) 200, 000 Administration (City) 25. 000 $835, 000 When completed, the new office building will have a fair market value for real estate tax purposes at $5. 0 million which results in a new "assessed value" of $2,150, 000 for property taxes after applying the 43$ assessment ratio. Through the normal and customary ad valorem tax system the combined City mill rate of 100 will result in annual real estate taxes of $215,000. $12,900 of this amount will be paid to the City, County and School District just as before the development occurred. In other words, the local taxing jurisdictions are not affected by the existence of the tax increment district. Additionally, it is important to note that the developer is paying property taxes just like every other commercial property in the City. The difference between the original value of the property taxes collected ($12,900) and the new value of the property taxes collected ($215,000) is called the tax increment, and in this example is $202,100. The increment is dedicated by the City for repayment of the $835, 00 outstanding bonded indebtedness incurred by the City. In this example, tax increments can be collected by the City for eight years. At the end of the eight year period, the entire annual value of the taxes generated by this project ($215, 000) will be split between the three major local taxing jurisdictions, and other small taxing entities. Attachment #2 Minnesota Valley Mall Proiect The Essex Corporation of Omaha, Nebraska is in the process of purchasing the Minnesota Valley Mall. The Essex Corporation intends to extensively remodel the mall. The developer has also indicated that they would like the City to consider the possible location of either an ice skating facility or possibly a community center as a part of this facility. The Shakopee City Council has appointed a committee which is working with the City staff and the developer on the possible location of recreation facilities within the mall. It is anticipated that in the near future there will be contacts made with various recreation interests in the City of Shakopee. City Council action on this project is expected in mid February, 1988. Meadows 1st Addition Meritor Development Corporation is in the process of developing 163 acres located East of Spencer Street (County Road #79) and South of 11th Avenue (formerly Roberts Gravel Pit) . The development of the property is planned to take 4 to 5 years to complete. When complete the project will have a total of 340 lots and up to 144 apartment or town house units. The final plat for the first phase of the development containing 51 single family lots has been approved by the City Council. Lots should be available in 1988. - Stonebrooke Golf Course PUD In January the Shakopee City Planning Commission approved the final plat for Stonebrooke First Addition. This plat is the first phase of a residential development located on an 18 hole golf course north of O'Dowd Lake. The first phase of the development includes 25 single family and 5 twin home lots. Residential construction is expected to begin in late spring. Eventually, Laurent Builders plan on developing an additional 52 single familynd 7 twin home lots. The golf course is expected to begin operation in the summer of 1989. County Village Apartments Minnetonka Woods Development is currently working on the construction of County Village Apartments. This three story apartment complex will provide 113 rental units. The development is located adjacent to County Road 17 south of the Junior High School. Construction is scheduled to be completed and rental units will be available this summer. Attachment #3 Property Tax Facts The median property tax on an $80,000 house in the Twin Cities in 1987 is $828, according to the annual property tax survey conducted by the Citizens League. However, property tax rates vary greatly across the Twin Cities. Below are the 10 communities with the highest property taxes and the 10 communities with the lowest property taxes (on an $80, 000 house) in the region. Included in the survey were the 95 metro communities with populations over 2, 500. Ton 10 Bottom 10 1. Jordan: $1,175 1. Eagan: $558 2. Shakopee: $1,160 2. Mendota Heights: $559 3 . St. Paul: $1,129 3. West St. Paul: $561 4. Prior Lake: $1,118 4 . Spring Lake Township: $570 S. Savage: $1,066 5. Forest Lake Township: $580 6. Belle Plaine: $1,065 6. Lake Elmo: $584 7. Little Canada: $1,054 7. Grant Township: $611 8. Farmington: $1,035 S. Edina: $640 9. Falcon Heights: $1,003 9. Ham Lake: $674 10. Maplewood: $989 10. New Scandia Twnship: $687 It should be noted that five of the top six communities with the highest property taxes are located in Scott County. Recent County cash flow problems and the County's position atop the metro property tax survey listing have prompted the Scott County Board to confront this problem. On December 22, 1987 the Scott county Board directed staff to conduct an in-depth study of the County's financial condition, its budget and levy planning practices. 1987 Annual Building Activity Report Single Family Dwellings - 62 Multiple Family Dwellings - 8 (129 units) Commercial Bldgs. (New) - 5 Industrial Bldgs. (New) - 2 Annual Planning Activity Report Prel. Plats (Residential) - 6 # of single family lots - 595 # of multiple family lots/units - 46/92 Final Plats (Residential) - 3 # of single family lots - 206 # of multiple family lots/units - 7/14 7� TENTATIVE AGENDA JANUARY 26, 1988 ADJ .REG.SESSION SHAKOPEE, MINNESOTA 3RH4ARY-1-9q-19gg Mayor Lebens presiding 1] Roll Call at 7 :00 P.M. 2] Reading by Mayor Lebens of City' s Non-Discrimination Policy 3] Liaison Reports from Councilmembers 4] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 5] 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. ) *61 Approval of Minutes of December 8, 1987 and January 5 , 1988 71 Communications: a] Todd R. Schwartz re: resignation from Planning Commission b] Barbara S. Prudoehl re: Openings on Planning Commission c] Clifford D. Stafford re: Openings on Planning Commission 81 Public Hearings: a] 7:00 P.M. Vacation of Easements in Prairie House 1st Addition (property N of Hwy 101 and E of Valleyfair) 9] Boards and Commissions: Planning Commission: a] Final Plat of Stonebrooke First Add'n. - lying N of O 'Dowd Lake, E of CR-79 and S of CR-77 (Res. No. 2862) b] Preliminary and Final Plat of Bradberg First Addition - lying N of Hwy 101 and E of Valleyfair) (Res. No. 2861) 101 Reports from Staff: [Council will take a 10 minute break around 9 :001 j a] Annual Report on the Shakopee Convention/Visitors' Bureau aa] Council Vacancy b] Trash Receptacles for First Avenue C] Flusher Truck d] Murphy' s Landing Operations Contract e] Mr.. Valley Mall Community Center/Ice Skating Facility *g] Request of Coalition of Rural Outlying Neighboring Areas (CORONA) h] Estimate Voucher No. 5 for Downtown Streetscape Project 1987-2 *i] Building Equipment Maintenance Contract *j] Recommend Employee Appointment *k] Termination of Probation of Receptionist *1] Horizon Heights Developers Deposit m] Storm Drainage Refund for cemetery n] Approval of Bills in Amount of $1,116,321.43 TENTATIVE AGENDA January 19, 1988 Page - 2 - 10] Reports from Staff continued: o] City Logo p] Pullman Club Violations of Mn. Liquor Laws q] O'Dowd Lake Park Master Plan Adoption r] Payment for Preliminary Engineering for T.H. 169 River Crossing & Mini-Bypass Environmental Assessment 11] Resolutions and Ordinances: *a] Res. No. 2860, Amending Personnel Policy Clarifying Holiday Pay b] Res. No. 2863, Appreciation to John Leroux c] Res. No. 2864, Appreciation to Eldon Reinke 12] Other Business: a] b] c] 13] Recess to Executive Session to discuss labor negotiations 14] Re-convene 151 Adjourn John K. Anderson City Administrator . _ 6 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 8, 1987 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Lebens, Vierling, Clay, Leroux and Wampach. Also present were Judith S. Cox, City Clerk; Dennis Kraft, Community Development _ Director; John K. Anderson, City Administrator; Ken Ashfeld, City Engineer; and Julius Coller, II, City Attorney. Liaison reports were given by Councilmembers. Mayor Reinke asked if there was anyone in the audience who wished to speak on any item not on the agenda. There was no response. Vierling/Leroux moved to approve the consent business. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Leroux moved to approve the minutes of November 17, 1987. (Approved under consent business) . Wampach/Vierling moved to open the public hearing on the application from St. Francis Regional Medical Center for issuance of up to $9,000,000 tax exempt revenue bonds. Motion carried unanimously. The Community Development Director explained that this public hearing is on the issuance of $8,000,000 in tax exempt variable rate revenue bonds for St. Francis Hospital. The bonds will be used to pay off an existing debt and for improvements. - There will be no financial obligation on the part of the City. Councilmember Leroux explained that he is member of the Board of Directors of the Hospital and that he will be abstaining from any votes regarding this matter. The Community Development Director explained that the original application was for up to $9,000,000 and that this was only an estimated figure at the time the application was submitted. It has since been determined that there is only a need for $8,000,000 in bonds. Mr. Steve Seiler, Special Counsel for St. Francis and the Benedictine Healthcare Systems, stated that he hoped the Council would pass the resolution and that he would be happy to answer any questions the Council may have. The Mayor asked if there was anyone in the audience who wished to speak to this matter. There was no response. City Council December 8, 1987 Page 2 Wampach/Clay moved to close the public hearing. Motion carried unanimously. Wampach/Lebens offered Resolution No. 2843, A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROSECT AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS, and moved its adoption. Roll Call: Ayes: Wampach, Lebens, Vierling, Clay, Mayor Reinke Noes: None Abstain: Leroux Motion carried. Vierling/Leroux moved to maintain status quo with property owners shoveling snow out to the curb line and depositing it on the nodes where it will be removed by the City. (Approved under consent business) . Leroux/Wampach moved to accept Ken Ashfeld's resignation with regrets, waive the 30 day notice requirement. Motion carried unanimously. Wampach/Vierling moved to authorize the advertisement for the filling of the City Engineer position. Motion carried unanimously. Discussion was held regarding the appointment of O-S-M engineers as acting City Engineer. Vierling/Leroux moved to appoint Ruben Ruehle and Rev. Mary Keen to serve as members of the Downtown Ad Hoc Committee. (Approved under consent business) . - George Muncheow, Community Recreation Director reviewed the information received from the O'Dowd Lake Chain Association, Inc. The State of Minnesota allows the exclusion of the State and its political subdivisions from liability for losses. Louisville Town Board has accepted responsibility for the aerator on Thole Lake. Mr. Bill Dellwo is chairman of the Board of Louisville Township and their insurance company had umbrella coverage which protected them. This is a unique, beautiful lake, which should be cared for to protect its use for Shakopee residents. The possibility of future development of a municipal beach for recreational area. city Council - December 8, 1987 Page 3 Mike Sulik representing the O'Dowd Lake Chain Association gave an estimate of the liability insurance. Last year there was $600,000 of liability coverage which cost approximately $150. This year we've got approximately $500,000 because the DNR _ reduced the limits required and that will cost at least $780. _ - The previous company has notified us that they are not interested in handling this type of coverage any longer. Even if it would be under the City's umbrella, it is not guaranteed that they will insure. Both alternatives should be looked at. Wampach/Vierling moved to provide the appropriate amount of money to assist the O'Dowd Lakes Chain Association to gain liability protection in the amount of $780.00 - - Roll Call: Ayes: Unanimous Noes: None Motion carried. - Leroux/Vierling moved to open the public hearing on whether or not to permit sales of intoxicating liquor for consumption on the premises between the hours of 10:00 a.m. and 12:00 midnight on Sundays for Class B licenses and the racetrack. Motion carried unanimously. The City Clerk reviewed the background of the above subject. - The Mayor asked if there was anyone in the audience whowished to speak. there was no response. _ Vierling/Clay moved to close the public hearing. Motion carried unanimously. - Wampach/Leroux moved to direct staff to -prepare the appropriate ordinance for Council consideration on December 15, 1987 to permit the sale of intoxicating liquor on-sale, on Sundays beginning at 10:00 a.m. for .Class B and Class C licenses, and the racetrack. Motion carried unanimously. Leroux/Lebens moved to take the correspondence from Kathy Kocon from the table. Motion carried unanimously. Mr. George Muncheow, Director of Community Recreation, reviewed the happenings and stated that only Mrs. Kocon's son's belongings were taken. Nothing else was stolen. Mrs. Kocon's letter stated that Parks Department personnel knew that a door was broken, but these personnel did not know that the door was broken. Kathy Kocon stated that her son worked at the pool for six weeks and this loss represents a good part of his earnings. The Park department may not have had knowledge of the door being broken. She feels that the door was either left open or very easily City Council December 8, 1987 - Page 4 opened by someone. Had a larger amount of money been involved, would the insurance claim be filed for the City and employee property lost? Would the employees be fully reimbursed for losses and would the employees be paid for the deductible portion. The question of City being responsible for employee's property when it is on City property was discussed. This was not left in a secured area. Also discussed was the matter of personal items used with regard to employment. There was no evident damage to the door. Discussion of other like situations was held. Vierling/Wampach moved that the City share the responsibility of this claim 50/50 understanding that it is a mutual negligence on both parties. Roll Call: Ayes: Unanimous Noes: None Motion carried. - Wampach/Vierling moved that all City buildings be posted that the City is not responsible for articles left or stolen on the premises. Motion carried unanimously. -- Leroux/Clay moved for a five minute recess at 8:14 p.m. Motion carried unanimously. Vierling/Leroux moved to reconvene at 8:27 p.m. Motion carried unanimously. Clay/Vierling moved to remove from the table the Design Study Report for TH-169 River Crossing. Motion carried unanimously. The City Engineer reviewed the background and history of the - - project. The 15 alternatives which were looked at took in alternatives from citizens, City staff, Advisory groups and others. Two alternatives emerged and one is contained in the study report. Councilmember Lebens asked how the agreement signed with Howard Needles would be effected by any possible changes made by the new Council. The City Engineer stated that the Design Study Report sets the format and there will be future steps needing approval by Council in order to complete the project. Discussion was held regarding the right of way acquisition and real estate taxes lost on the Brambilla property. City Council December 8, 1987 Page 5 The effect of Shakopee's development of highway systems on the Southwest Minnesota cities. Discussion was held on downtown revitalization, mini bypass, bridge downtown and the Southerly bypass and associated bridge and their relationship to one another. In response to questions from Councilmembers, Mr. Brad Larson, County Highway Engineer, stated that he has heard nothing indicating that funding for the mini bypass and bridge would effect funding for the Southerly bypass and CR-18 bridge. He explained that the Southerly bypass has never been fully funded. It is funded for a two lane with interchanges of about $15,000,000 and $10,000,000 is needed yet. He also explained that they are not competing with one another for funding, but that they are both competing with the other State projects. The State is looking at projects where there is federal funding and where there is some City, local participation. The City Engineer explained that in his opinion major changes to the alignment of the bridge or changing the alignment of the bypass would require redoing the environmental assessment. Leroux/Clay moved to approve the Design Study Report for T.H. 169 Minnesota River Crossing/Downtown Shakopee Approach. The City Engineer pointed out that there is no date on page five on the Finding of No Significant Impact (FONSI) . The Federal Highway Administration will insert the date when they sign off on the report. Roll Call: Ayes: Wampach, Vierling, Leroux, Clay Mayor Reinke Noes: Lebens Motion carried. Leroux/Wampach moved to direct Staff to notify MNDOT and Roger O'Shaughnessy that the City at this time does not feel that it can support the proposal of Mr. O'Shaughnessy since it would have such a temporary lifespan, permanent measures will be in place soon enough, and thank him for his concern. Motion carried unanimously. Vierling/Leroux offered Resolution No. 2840, A RESOLUTION VACATING PART OF AN EASEMENT IN WEINDANDT ACRES IST ADDITION, and moved its adoption. (Approved under consent business) . Discussion was held relating to lighting outdoor ice skating rinks. City Council December 8, 1987 Page 6 Vierling/Leroux moved to have Staff research and bring back the costs associated with lighting an outdoor ice skating rink. Motion carried unanimously. Leroux/Vierling moved to recess for an executive session on labor negotiations at 9:18 p.m. Motion carried unanimously. Leroux/Vierling moved to reconvene as City Council at 10:11 p.m. Motion carried unanimously. Clay/Vierling moved to adjourn to December 15, 1987 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 10:11 p.m. Judith S. Cox City Clerk Peggy Swagger Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 5, 1988 Mayor Reinke called the meeting to order at 7: 00 p.m. with Cncl. Lebens, Clay, Wampach, Zak and Vierling present. Also present were John K. Anderson, City Administrator; Judith S. Cox, City Clerk; Dennis R. Kraft, Community Development Director and Julius Coller, II, City Attorney. The City Attorney gave the oath of office to the new Mayor, Dolores Lebens. Mr. Reinke passed the gavel to Mayor Lebens. The City Attorney gave the oath of office to Councilmembers Clay, Wampach and Zak. Vierling/Clay moved to declare Councilmember Lebens seat vacant by virtue of her assuming the duties of Mayor. Motion carried unanimously. Mayor Lebens appointed Steven Clay, Jerome Wampach and Joseph Zak to membership as Commissioners of the Shakopee Housing and Redevelopment Authority with their terms to expire on December 31, 1991. Vierling/Wampach moved to affirm the appointments of the Mayor of the City of Shakopee appointing Steven Clay, Jerome Wampach and Joseph Zak to the membership on the City of Shakopee Housing and Redevelopment Authority with terms to expire on December 31, 1991. Motion carried unanimously. Vierling/Clay moved to recess to HRA. Motion carried unanimously. Vierling/Wampach moved to reconvene for City Council at 7: 12 p.m. Motion carried unanimously. Wampach/Vierling offered Resolution No. 2856, A RESOLUTION APPROVING THE APPOINTMENT OF COMMISSIONERS FOR THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE AND MOVED ITS ADOPTION. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Lebens asked if there was anyone in the audience who wished to speak on any item not on the agenda. There was no response. Vierling/Clay moved to approve the consent business. Roll Call: Ayes: Unanimous Noes: None Motion carried. - Vierling/Clay moved to accept the resignation of Tim Keane from the Ad Hoc Downtown Committee. (Approved under consent business) . City Council January 5, 1988 Page 2 Vierling/Clay moved to acknowledge a communication from Jane VanMaldeghem regarding her appreciation to the Council for allowing her to serve on the Planning Commission and her inability to seek another term on the Planning Commission. (Approved under consent business) . Wampach/Vierling moved to receive and file the correspondence from the Shakopee Public Schools relating to a joint meeting on January 12th at 7:00 p.m. Motion carried unanimously. The City Administrator reviewed correspondence from Association of Metropolitan Municipalities asking for an appointment to a contact person designation. Cncl. Vierling will be the designated individual. Clay/Wampach moved to appoint Gloria Vierling as representative to the AMM as the City's contact person. Motion carried unanimously. Vierling/Clay moved to Authorize the appropriate City officials to execute the Dial-A-Ride Letter of understanding between the City of Shakopee and Kare Kabs, Inc. for the provision of Saturday Dial-A-Ride Service on a six month demonstration project basis. (approved under consent business) . The Administrative Assistant reviewed the background of the possibility of having signs placed in the downtown area to bring attention to the Downtown Project Redevelopment. The Chamber of Commerce is willing to pay up to $300 toward these signs. The City Share would be $550 balance. The possibility of having one larger sign was discussed. Wampach/Vierling moved to direct the appropriate City officials to order one sign advertising the Downtown Project at a City cost not to exceed $550. Funding for the signs to be designated as an improvement cost and incorporated into the Downtown Improvement Project. Roll Call: Ayes: Unanimous Noes: None Motion carried. The Administrative Assistant reviewed the background of the Request for 15 Minute Parking on the east side of Lewis Street between 101 South Lewis and 109 South Lewis. Butch Notermann, River Valley Sports, stated that their major usage of parking is after 2:15 p.m. and no study was undertaken after that time. He also said that employees of Lathrop's were telling their customers they could not park in the 15 minute stalls. City Council January 5, 1988 Page 3 Pete Laramie, new Manager of Lathrop's Paint, stated that it is the patrons of the VFW who are tying up the parking stalls for 2 - 3 hours and their trucks are on a tight schedule and do not make lengthy stops. The employees of Lathrop's do not currently tell people to move their cars out of the 15 minute parking stalls. Mr. Notermann indicated that the business owners want to be involved more in the parking study to be done and they were not notified that these 15 minute stalls were going to be put into place. Vierling/Wampach moved to deny the request for the location of two 15 minute parking stalls on the east side of Lewis Street and maintain the existing 15 minute parking zone on the west side of Lewis Street with a comprehensive evaluation of the Downtown Parking Plan to be undertaken upon completion of Phase I Part II of the Downtown Redevelopment Project. Motion carried unanimously. Wampach/Clay moved not to order any additional downtown benches until Phase II is completed and maintain the status quo on order we have. Motion carried unanimously. The City Administrator reviewed the follow up on cleaning services for all public buildings. LeRoy Houser, Building Official, indicated that his preference would be a full-time janitor but that the cleaning people are doing a good job. He clarified the fact that the senior hi-rise is a joint project and the City is responsible for the cleaning. Light maintenance is not currently done by the cleaning personnel. Vierling/Wampach moved to leave the cleaning services as it is for right now and consider a full-time janitorial position for next year's budget. Motion carried unanimously. Mr. Reinke cited the quality of the work received in the past by the cleaning personnel, the overtime hours necessary if this would be a one-person responsibility and the legal implications of having non-licensed personnel doing specific duties which need to be done by a licensed technical services. The City Clerk stated that the . Application from Paul E. Schwaesdall for an On-Sale Intoxicating Liquor License has been withdrawn. Wampach/Vierling moved to acknowledge the withdrawal of the application for On-Sale Intoxicating Liquor License from Paul E. Schwaesdall. Motion carried unanimously. City Council January 5, 1988 Page 4 The City Administrator reviewed the matter of newspaper thefts. Clay/Vierling moved to direct the Police Department to continue to work with the citizens and newspaper company to resolve the problem of theft of newspapers. Motion carried unanimously. Vierling/Clay moved to authorize staff to replace Yield signs with Stop signs on Lewis Street at Shakopee Avenue. (Approved under consent business) . The City Administrator reviewed the background of the Upper Valley Drainage Project No. 1987-5. Vierling/Wampach moved to authorize easement acquisition negotiations on Subject #2 through #15 of the Item 14g of the agenda. [Parcels needed for construction of the Upper Valley Drainage Project No. 1987-5] (DOC No. CC-147) Vierling/Clay moved to authorize reappraisal of Subject 41 and appraisals of three other easement area by Patchin & Associates, Inc. [Parcels needed for the construction of the Upper Valley Drainage Project No. 1987-5] Motion carried unanimously. Vierling/Clay moved to purchase a 3/4 ton four wheel drive pickup from Valley Sales in the amount of $13,832. 15 and a 3/4 ton pickup from Minnesota Viking Trucks in the amount of $10,044. 00 (Approved under consent business) . Vierling/Clay moved to approve bills in the amount of $2,357,576.34. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Clay moved to authorize the City Clerk to issue cigarette licenses for 1988. (Approved under consent business) . Vierling/Clay moved to accept the resignation of Peggy Swagger and authorize the advertisement for filling the position of Recording Secretary. (Approved under consent business) . Vierling/Clay moved to authorize the Police Department to hire Sherry Borchardt as a permanent part-time clerical person at a salary rate of $6.42 which is a Step I of the position, effective January 5, 1988. (Approved under consent business) . Vierling/Clay moved to authorize the appropriate City officials to execute the electrical contract with John Wagner for the 1988 operating year. (approved under consent business) . - !J City Council January 5, 1988 Page 5 Vierling/Clay moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1988. (Approved under consent business) . Clay/Wampach moved for a ten minute recess at 8: 15 p.m. Motion carried unanimously. Vierling/Clay moved to reconvene at 8:30 P.M. Motion carried unanimously. The Community Development Director reviewed the background of the Development of the Minnesota Valley Mall. The benefits and disadvantages to the city of the project were discussed. Richard Currie and Bert Votava of Essex Corp. , the developer, reviewed the project in detail, showing sketches and plans of the proposed remodeling and additions. K-Mart will be expanding and a letter from their corporate offices stating this was attached. The Hockey Association will have to get involved in order to make this project happen and usage of their equipment would be a crucial factor in the success of the idea. The developer is interested in a hockey arena or recreational facility only as an activity generator. The retail stores will move out more to the front where more visibility will be attained. Present tenants will be retained and over a 3 year leasing period, 48-90% leasing occupancy is desired. Discussion was held relating to the retail dollars coming in this direction from Belle Plaine, Jordan, Chaska areas and how this can improve the downtown area as well. what types of recreational activities Shakopee might be ready for was discussed; whether it would be gymnastics, wrestling, hockey or others. Also, if hockey is used, what other ideas could be used in the months where hockey is not played. Suggestions were hockey schools, clinics, baseball batting practice. Discussion was held relating to Tax Increment Financing and how a possible assessment agreement could work. The importance of the Hockey Association being included on every aspect of the discussion or planning was brought up. A discussion of what the benefits vs. costs would be was requested at a later date. Vierling/Wampach moved to appoint Cncl. Clay and Zak to work with the staff and review the project in greater detail and then report back to the city Council at the regular meeting of February 2, 1988. Motion carried unanimously. City Council January 5, 1988 Page 6 A written ballot was taken for nominations to the Lower Minnesota River Watershed District Board Of Managers. 1st Ballot: Kephart - Clay, Lebens, Zak, Vierling Siebenaler - Wampach, Clay, Lebens, Zak Spurrier - Clay , Vierling Morke - Wampach, Lebens Corrigan - Wampach, Vierling 2nd Ballot: Spurrier - Clay , Vierling Morke - Wampach, Lebens Corrigan - Zak 3rd Ballot: Spurrier - Clay, Vierling Morke - Wampach, Lebens, Zak Vierling/Wampach moved to recommend Dolores A. Morke, Ray Siebenaler and Jim A. Kephart to the Scott County Board of Commissioners for appointment to the Lower Minnesota River Watershed District Board of Managers to complete the term of Mr. Russell Heltne ending March 22, 1990. Motion carried unanimously. Wampach/Vierling moved to nominate Gene Foudray to Planning Commission. Motion carried unanimously. Vierling/Wampach moved to nominate Melanie Kahleck to Planning Commission. Motion carried unanimously. Vierling/Clay moved to nominate Eugene Allen (his 1st choice) to Planning Commission. Motion carried unanimously. Clay/Vierling moved to nominate Virgil Mears, incumbent, to Police Civil Service Commission. Motion carried unanimously. Wampach/Vierling moved to nominate Dallas Peterson to Police Civil Service Commission. Motion carried unanimously. Vierling/Clay moved to nominate Barry Kirchmsier, incumbent, to Shakopee Public Utilities Commission. unanimously. Motion carried Wampach/Vierling moved to nominate Eugene Allen (his 2nd choice) to Shakopee Public Utilities Commission. unanimously. Motion carried City Council January 5, 1988 Page 7 Vierling/Wampach moved to nominate Eugene Allen (his 3rd choice) to Energy & Transportation Committee. Motion carried unanimously. Clay/Wampach moved to nominate Melanie Kahleck to Energy & Transportation Committee. Motion carried unanimously. Wampach/Vierling moved to nominate Robert Ziegler, incumbent, to Energy & Transportation Committee. Motion carried unanimously. Vierling/Wampach moved to nominate Larry Moonen, incumbent, to Cable Communications Advisory Commission. Motion carried unanimously. Clay/Wampach moved to nominate Laura Wermerskirchen, Incumbent, to Community Recreation. Motion carried unanimously. Wampach/Clay moved to nominate Bob Turek to Housing Advisory & Appeals Board. Motion carried unanimously. Clay/Vierling moved to nominate Gene Juergens, incumbent, to Housing Advisory & Appeals Board. Motion carried unanimously. Wampach/Vierling moved to nominate Robert Jaspers, incumbent, to Housing Advisory & Appeals Board. Motion carried unanimously. Vierling/Wampach moved to nominate Bob Turek to Building Code Board of Adjustments and Appeals. Motion carried unanimously. Wampach/Vierling moved to nominate Gene Juergens, incumbent, to Building Code Board of Adjustments and Appeals. Motion carried unanimously. Clay/Wampach moved to nominate Robert Jaspers, incumbent, to Building Code Board of Adjustments & Appeals. - Motion carried unanimously. Vierling/Wampach moved to nominate Sheila Carlson (Her lst choice) to Community Development Commission. Motion carried unanimously. Vierling/Wampach moved to nominate Tim Keane, incumbent, to Community Development Commission. Motion carried unanimously. Clay/Wampach moved to nominate Donald Koopman, incumbent, to the Community Development Commission. Motion carried unanimously. Vierling/Wampach moved to nominate Sheila Carlson (her 2nd choice) to the Ad Hoc Downtown Committee. Motion carried unanimously. City Council January 5, 1988 Page 8 The interview committee will continue to interview incumbents beginning at 4:00 p.m. on Monday, January 11, 1988. Wampach/Zak moved to appoint the next vote getter in the November 3, 1987 election to fill the Council vacancy, which would be Mr. Gary Cncl. Vierling stated that this was not consistent with the previous methods of handling an open Council position. Roll Call: Ayes: Wampach, Mayor Lebens Noes: Zak, Clay, Vierling Motion defeated. Vierling/Clay moved to authorize advertising for the applicants to fill Councilmember Lebens' seat, vacated January 5, 1988, and that applications will be accepted until January 22, 1988, at 12:00 noon with a special meeting on January 26, 1988 for verbal interviewing. Motion carried unanimously. Vierling/Wampach moved to table 1988 liaison appointments until a new councilmember is installed. Motion carried with Mayor Lebens Opposed. Vierling/Clay offered Resolution No. 2855, A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY, and moved its adoption. Motion carried unanimously. The City Attorney reviewed the matter of Malkerson Motors Occupancy of City Land. Vierling/Wampach directed the City Attorney to send a letter to Malkerson Motors offering to sell property in Block 30, East Shakopee based on the appraisal and that if an agreement is not reached by February 1, 1988, that he follow up with eviction from the property and fencing it in and then put the property on the open market for sale. Roll Call: Ayes: Unanimous Noes: None Motion carried. The City Attorney reviewed the background of the tax not paid by Backstretch RV Park and Camp Ground. Other City Attorney's had been contacted and have been in consensus that this does come within the legislation on taxing up to 3% on gross receipts for court or resort. furnishing of lodging at a hotel, motel, rooming house, tourist City council January 5, 1988 Page 9 Jack VanReMortel, Backstretch RV Park, stated that he believes that the law does not include his establishment as campgrounds are not included. Wampach/Vierling directed the Attorney to contact the Attorney General for an opinion of the law regarding whether or not campgrounds are required to pay the 3% lodging tax. Mr. Collar asked Mr. Van ReMortel to provide him with a letter indicating exactly what service the Backstretch RV Park provides. Motion carried unanimously. Wampach/Zak moved to accept the Council meeting procedures for 1988 as outlined in the Council memo regarding the subject dated December 30, 1987. (DOC No. CC-148) . Motion carried unanimously. Discussion was held regarding policy of Councilmembers with respect to citizen input. Vierling/Clay offered Resolution No. 2859, A RESOLUTION AMENDING RESOLUTION NO. 2852 ADOPTING THE 1988 PAYPLAN, and moved its adoption. Vierling/Wampach moved to grant leave of absence to Eileen Klimek from January 4, 1988 to February 8, 1988. Motion carried unanimously. Clay/Wampach moved to accept the resignation of Dolores M. Lebens from the H.R.A. Motion carried unanimously. Vierling/Zak moved to adjourn to January 19, 1988 at 7: 00 P.M. Motion carried unanimously. The meeting was adjourned at 10: 10 p.m. Judith S. Cox City Clerk Peggy Swagger Recording Secretary CCNSE �V7— [�© CITIZENS STATE BANK © OF SHAKOPEE 1100 EAST 4TH AVENUE SHAKOPEE, MINNESOTA 55379 TEL.: (612) 445-8200 January 12th, 1988 RECERl��" City of Shakopee JAN1 ;1988 Planning Cmrussion 129 East 1st Ave. CITY OF SHAKOPEE Shakopee, Mn 55379 Dear O=ission Chair and Camiissioners, . Please accept this letter as my resignation frau the Planning Commission effective innedi.ately. Due to other personal co mtitments, I do not feel as though I can contribute the amount of time and effort that is needed to be a well inforned and effective cx sioner. Thank you for the opportunity to serve. Sincerely, Tbdd R. Schwartz ACTION REQUESTED: Accept the resignation of Todd R. Schwartz from the Planning Commission. ��cr1F°�'Ei Gt JgAQ 51988 January 15, 1988 Y.'oo P Mr. John Anderson City Administrator 129 East 1st Avenue Shakopee, MV. 55379 . .. Dear Mr. Anderson: Enclosed is my resume in response to the ad in the paper. I am new in the community, and have been involved with Rotary, not only as a member but actively working on committees. .. M_v resume outlines my work experience that would lend me as a candidate, _ -- for either the Planning Commission, Which would be my anumber one choice or the Energy s Transportation Committee. Respectfully Submitted,_ Za:;�S. Prudoehl r BARBARA S. PRUDOEHL 1224 E. Shakopee Avenue / Shakopee, Minnesota 55379 �CE/(/'� (612) 445-9014 (h) C� 9gN1 51988 - (612 445-9110 (W) - ryOF CAREER , . `S Tb became involved in the city government f oShakopee, ykt"• ,J�F O&7fX.TIVE EDUCATION ASSOCIATE OF ARTS DEGREE, Winona State University May, 1986 BACHELOR OF SCIENCE DEGREE, Winona state University August, 1987 Major: Business/Marketing WORK BROKER/MANAGER, REALTY WORLD-Fahey, Shakopee, (MIDI) June, 1987-Present EXPERIENCE As Broker I have the full responsibility for the successful operation of the real estate company. This skill is in assembling capable associates and financial capital to accomplish all of the necessary functions. INTERNSHIP, June, 1987-August, 1987 SALES ASSOCIATE, REALTY WDRLD-Key, Winona, (M) 1978-1987 Consistent million-dollar producer; work with an 18 member team. Established a highly successful referral network with business and Professional contacts. Conduct customer financial arrangements and closing. Establishment of realistic time tables and completion of all documents. - Servicing listings; including customer satisfaction, renewal, price negotiation, and consultation. Recruitment of Present and future listings. Served on the Board of Directors for Southeastern Board of Minnesota Realtors. Established as a constant referral system one of Winona's largest employers. Notary Public, State of Minnesota, Scott County. SELF-EMPLOYED, Winona (PMI) , 1972-78 Developed independent business as a legal secretary; established a working network with ten local businesses. Prepared deeds, contracts, divorce settlements, and wills; updated law library. - Established excellent rapport with area attorneys, court services employees, and others involved in the legal field. STENOGRAPHER II, Winona (MN) Minnesota Manpower Services 1969-72 Processed unemployment claims, served as receptionist, typed and filed. Conducted typing and shorthand tests; provided other tests in absence of personnel. Complied and distributed employment figures publication to Winona area businesses. Bonded employee; signed unemployment checks. .. FERENCFS Available Upon Request January 20,1988 Clifford D.Stafford 2328 Eagle Creek Blvd. Shakopee, MN 55379 Shakopee city Council, I would like to submit my name for consideration for appointment - to the planning commission for the city of Shakopee. I have been a resident of Shakopee for over ten years and have been concerned with various proposed developments and the impact they may have on the way the city's future takes shape. I would like to be able to have some input on future planning of projects for the city and I believe I can make honest and impartial decisions on submitted proposals by those individuals or companys who may wish to contribute to the development of Shakopee. I have in the past been on the board of directors of the cable TV community access corporation. I have worked in the community in my position as a Deputy Sheriff for the county and also as an active member of fraternal organizations and the scouting programs. I also have twice ran for a position on the city council. I ask that each member of the city council consider my request as a sincere effort to be able to work for a better Shakopee and support me with your vote of confidence. Respectfully an . ed, ClifYo4d D. Stafford Vu MEMO TO: John R. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Vacation of Easements in Prairie House 1st Addition DATE: January 13, 1988 Introduction The City has received an application from Curtis Bradford requesting that the City consider vacating the 20 foot drainage and utility easement around Lots 1 and 2, Block 1, Prairie House 1st Addition. Background The Planning Commission has given preliminary and final approval of Bradberg 1st Addition (Prairie House 2nd Addition) which plat will replat that part of Prairie House 1st Addition which includes Lots 1 and 2 and all that part of Outlot A which was not recently acquired by Fish and Wildlife. Within the replat, utility and drainage easements are being provided around all of the lot lines, which is standard procedure. It is not necessary to retain the drainage and utility easements around the old lot lines, and Mr. Bradford is requesting that they be vacated so that will not pose a problem should a building need to be erected across one of them. The City Planning, City Engineer, Shakopee Public Utilities Manager, Public Works Superintendent, and Minnegasco, Inc. have reviewed the request and have OR'ed the vacation. As in the past (Shakopee Valley Square 1st Addition) , staff recommends holding the public hearing and delaying adopting the resolution of vacation until the final plat has been properly executed and ready for recording. This process will insure easements around the existing lots in Prairie House 1st Addition should Prairie House 2nd Addition never be completed and recorded. Alternatives After holding the public hearing: 1. Deny request. 2. Direct staff to prepare the vacating resolution. 3. Direct staff to prepare the vacating resolution when the final hard shells are prepared and executed and filed with the City. g � Recommendation Alternative No. 3, direct staff to prepare the vacating resolution when the final hard shells are prepared and executed and filed with the City. JSC/jms i i j% RAIRIE HOUSE IST ADDITION I OUTLOT B Z I 2 OUTLOT A 1 w O CH/Cq GO Y Q Q a MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Final Plat of Stonebrooke First Addition DATE: January 14, 1988 INTRODUCTION• At their meeting on January 7, 1988, the Shakopee Planning Commission passed a motion recommending approval of the Final Plat for Stonebrooke First Addition subject to conditions. BACKGROUND: In February, 1987 Mr. Gary Laurent and Mr. Tom Haugen submitted a Preliminary PUD Plan and Preliminary Plat for the development of approximately 200 acres located North of O'Dowd Lake, East of County Road 79 and South of County Road 77. The proposed development contains an 18 hole golf course surrounded by 85 lots 76 of which shall be single family lots and 9 of which will be used for twin homes. On April 21, 1987 the Shakopee City Council approved the Preliminary PUD and plat for the O'Dowd Lake Estates Golf Club Project now known as Stonebrooke. On July 14, 1987 the Shakopee City Council approved the Final PUD Plan for Stonebrooke. The developer has submitted a final plat for the first phase of the project which includes 25 single family lots and 5 twin home lots. The plat also identifies lots on which the golf course project shall be located and areas to be developed as residential lots with future phases are shown as Outlots. As required by the conditions of the Final PUD approval, the developer has submitted a revised sewer plan and will be providing sewer easements to individual lots for the construction of septic systems within the golf course area should the need ever arise. The development will have a central water system serving all the lots. As part of the approval of the Final PUD the City agreed to lease 66 feet of park land between Lakeview Drive and Lake O'Dowd for $1.00 to Laurent Builders in exchange for the developers maintenance of the property. The plat also provides a 60 foot right-of-way on Lakeview Drive South connecting the cul-de-sac to County Road 79. Within this right-of-way a 16 foot emergency - access road will be constructed with break away barriers at both ends, the developer will maintain the access road. The developer will also construct a trail connecting Timber Trails Addition to O'Dowd Park. The trail will be constructed to the specifications of the City Engineer and count toward the park dedication requirements of the developer. PLANNING COMMISSION RECOMMENDATION• The Planning Commission recommends approval of Stonebrooke First Addition subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2. Septic system sites must be staked and roped off during construction periods to prevent compaction of the soil by construction equipment. 3. The developers are hereby granted a variance from the 10' setback for septic systems from the rear lot lines of lots adjacent to sewer easements. This variance constitutes the extent of variances to be considered and/or granted with respect to residential lots. 4. The golf course shall carry sufficient insurance to protect it from any liability resulting from the play of golf over public land and water. Said policy shall name the City co- insured. S. Execution of a developers agreement for construction of required improvements. a. Installation of water system in accordance with the requirements of the SPUC Manager, if the City decides to operate the system and if not, installation must be in accordance with the requirements of the State Health Department. b. Installation of a street lighting system in accordance with the requirements of the SPUC Manager. C. Installation of a storm water system y tem in accordance with the requirements of the City of Shakopee. _ d. Construction of streets and location of street signs in accordance with the design criteria and standard specifications of the City of Shakopee. e. Construction of a trail connecting Timber Trails Addition to O'Dowd Park. Said trail shall meet the - specifications and have plans approved by the City Engineer. The trail shall be completed prior to the issuance of a certificate of occupancy for the golf course club house. The trail shall be used as credit towards park dedication requirements plus a cash payment. The City will also be provided a permanent easement for the land on which the trail is located. q � f. The City shall reserve the right to hire a consultant or expert to do an indepth lot by lot study of the suitability of on-site septic systems of each lot within the development. The City may add a surcharge to the permit fee for on-site sewage treatment system inspections to cover the cost of such consulting services. 6. The Planning Commission supports lease by the developer of 66' of park land between Lake View Drive and Lake O'Dowd for $1.00, in exchange the developer agrees to maintain the property. 7. Separate appurtenant utility easement agreements for each lot platted shall be recorded by the developer at the time of filing the final plat. Said utility easements shall conform to the approved PUD plan. 8. Lake View Drive South shall end at the established cul-de- sac; a 16' right of way built to City standards to hold emergency vehicles shall be extended from the cul-de-sac to County Road 79. Emergency access shall be closed year around, but there shall be break away barriers at one or both ends; the developer shall maintain the 16' emergency access road year around including snow removal. 9. Any access to County Highways will require an entrance permit from the Scott County Highway Department. 10. All lots abutting a City street and a County Highway shall have access from the City street. ACTION REQUESTED: Offer and approve Resolution No. 2862 Approving the Final Plat of Stonebrooke First Addition. it RESOLUTION NO 2862 A RESOLUTION APPROVING THE FINAL PLAT OF STONEBROOKE FIRST ADDITION WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Stonebrooke First Addition on January 7, 1988 and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, that the Final Plat of Stonebrooke First Addition described as follows: Attached be, and the same hereby is approved and adopted with the requirements that: 1. Approval Of title opinion by the City Attorney. 2. Septic system sites must be staked and roped off during construction periods to prevent compaction of the soil by construction equipment. 3. The developers are hereby granted a variance from the 10' setback for septic systems from the rear lot lines of lots adjacent to sewer easements. This variance constitutes the extent of variances to be considered and/or granted with respect to residential lots. 4 . The golf course shall carry sufficient insurance to protect it from any liability resulting from the play of golf over public land and water. Said policy shall name the City co- insured. 5. Execution of a developers agreement for construction of required improvements. a. Installation of water system in accordance with the requirements of the SPUC Manager, if the City decides to operate the system and if not, installation must be in accordance with the requirements of the State Health Department. I� b. Installation of a street lighting system in accordance with the requirements of the SPUC Manager. C. Installation of a storm water system in accordance with the requirements of the City of Shakopee. d. Construction of streets and location of street signs in accordance with the design criteria and standard specifications of the City of Shakopee. e. Construction of a trail connecting Timber Trails Addition to O'Dowd Park. Said trail shall meet the specifications and have plans approved by the City Engineer. The trail shall be completed prior to the issuance of a certificate of occupancy for the golf course club house. The trail shall be used as credit towards park dedication requirements plus a cash payment. The City will also be provided a permanent easement for the land on which the trail is located. f. The City shall reserve the right to hire a consultant or expert to do an indepth lot by lot study of the suitability of on-site septic systems of each lot within the development. The City may add a surcharge to the permit fee for on-site sewage treatment system inspections to cover the cost of such consulting services. 6. The Planning Commission supports lease by the developer of 66' of park land between Lake View Drive and Lake O'Dowd for $1.00, in exchange the developer agrees to maintain the property. 7. Separate appurtenant utility easement agreements for each lot platted shall be recorded by the developer at the time of filing the final plat. Said utility easements shall conform to the approved PUD plan. 8. Lake View Drive South shall end at the established cul-de- sac; a 16' right of way built to City standards to hold emergency vehicles shall be extended from the cul-de-sac to County Road 79. Emergency access shall be closed year around, but there shall be break away barriers at one or both ends; the developer shall maintain the 16' emergency access road year around including snow removal. 9. Any access to County Highways will require an entrance permit from the Scott County Highway Department. 10. All lots abutting a City street and a County Highway shall have access from the City street. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved plat and developers agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1988. ATTEST: Mayor of the City of Shakopee City Clerk Approved as to form this day of , 1988. City Attorney -. -e i.°-1-N-11. :fvart cr of the loutnw'cst Quarter and .>cs 2 and 3. All. tin Section 19 , 7ow'nsh:.p r:5 , Range 22 Scott County togethrr with CovernmenL Lot 1 Section 30, township 115 , 1 ieanpe 22, Scott County , Mi.nnesoLa . excepting Lhcrcfrom the -oliowing : Land conLaincd in the Pint of Timbe: ?rail.s, Registered Land Survev Nus. 45 R 47 . ALSO, That part of North Hnl. f of Northwest Quarter of Section ] 9 , Township 115 , Range 22, Scott County , Minnesota , lying West of the East 1309 . 20 feet (as measured at right angles ) thereof . That part of the North 300 feet of the North Half of the Northwest Quarter of Section 19 , Township 115 , Range 22 , Scott County, Minnesota, lyinr East of the West 726 feet and West of the East 1375. 2 feet of said North Half of the Northwest Quarte,- . That part of the Aasc 363 feet of the West 726 feet of the North 300 fact of the North 1181.' of the Northwest Quarter of Section 19 , Township 115 , Range 22. That Part of the West 363 feet of the North 300 feet of the North Half of the Northwest Quarter of Section 19 , Township 115 , Rang= 22 . _ ALSO, :-he South fiat' of Northwest Quarter , Section 1,9 Township ' 115 , w age 22, Scott Count Minnesota EXcc ' 3'ing sou Lherly of- the nor[hcr7 a'rsterly 720. 15 feet ;orthwest Quarter of Y lOO 1eCt Of said South half Sec Li on ] 9 . Town shi I , of -ou r. L1' : AND A Tri :ni color pnrrrl of IIn Smit hw es R+ In me 21 , Scott Scott ,nuLhwpsl . Qua r 3-r nl N„r1ln.:vaLrd corner for the to ttin^ at the Southwest corner of Northeast Quarter , nst 20- 'act along Lite South line of the thence hrnce nort it wdcic: 20 r•RLcrly to a Northeastf 1-111-1-111- Quarter ; gni nt on the West line oNortheast '.rel 14113-01 or lite said SouLhwest turner ; thence South on, the . West ].Inc of Northeast Quarter to :Tie point of ecinning, 11.1. in Section 1 ounLy , Minne5Otn . 9. .i ownship 115 . Range 22 , Scott S0, :Clot A, Timber Trails , according to the .r ecoid ed plat thcreo' f iSe and of record .in Lite Offi d f„3- Scull Cr un ce of Lhe Regj strar Or Ti Ll es Ly , Minury ul n . ' _S0, acts C, P, Q,' R , S , T, U. Y gistered Land Survey T, ., W X. y` 2+ AA ,- BB, Fil es of the CC + and DD , ott County, Md.nnesoLa . and of Titles , " in Block 5, TimLcr Tr le , and of record in thcajls ofl is ccofrzling to the plat Lhereof on ''° 'Y , Minnesota . Lhe Coun0y Recorder, Scot: EXHIBIT A MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Stonebrooke 1st Addition Final Plat DATE: January 22, 1988 INTRODUCTION• It has come to my attention that Mr. Don McKush has distributed a 3 page list of issues regarding the final plat for Stonebrooke 1st Addition. Following is the City Staffs response to Mr. McKush's concerns. STAFF RESPONSE: The following is the Staffs response to the concerns expressed by Mr. McKush (copy attached) : Mr. McKush's initial concern is that the proposed plat is not in conformance with the Citys comprehensive plan. The City in adopting its comprehensive plan divided the rural area into two primary Districts, one which has been zoned Agricultural is for the purpose of agricultural preservation, the second District is zoned Rural Residential and is for the purpose of allowing rural residential development on larger lots. The proposed development is located in the Rural Residential District and the Shoreland. zoning District which also allows development on larger rural lots. Review and approval of the preliminary and final Planned Unit Development determined that the project was in conformance with the plan and all of the City's Code requirements. The following letters correspond to those used in Mr. McKush's comments. A. Mr. McKush is correct in stating that the high water mark for O'Dowd Lake is 945.2, the elevation of 943 .5 is the officially established water elevation level. The code requires that the City utilize the high water mark for determining setbacks when it is known. When the high water mark is not known the City utilizes the water elevation level. City Staff has reviewed the proposed plat and latest revised grading plan using the 945.2 elevation to insure that the lake lots are buildable both from a setback perspective and an elevation perspective. Staff has determined that adequate space exists on all of the lots to meet the setback requirements and the floor elevation requirement for a basement. B. The City in approving the final Planned Unit Development required sewer easements for individual lots within the golf course area. It is the responsibility of the City to insure that septic systems are constructed to City Codes. It is not the responsibility of the City to dictate who shall pay for restoration of the golf course should the home owners be required to construct their septic systems within the golf course. C. - J. These items were all thoroughly discussed during the review of the preliminary and final PUD for the Stonebrooke project. The final PUD plan was approved by the City Council on July 14, 1987. It was determined by the City Council at that time that these issues and all lots and required sewer easements complied with City Code requirements. K. Mr. McKush refers to the numbering of various lots. The plat presented is consistent with City planning requirements which requires the establishment of blocks and within each block the numbering of individual lots beginning with the number 1. L. - N. These items were also thoroughly discussed during the review of the preliminary and final Planned Unit Development and resolved prior to approval of the project by the City Council. The City Council in approving the final Planned Unit Development, included in the approval a condition requiring a final plat be completed for the purpose of officially recording lots and dedicating right-of-way and easements. The Planning Commission thoroughly reviewed and discussed the final plat and found that it complies with all the requirements of the final PUD approval and City Codes. The Planning Commission unanimously recommended to the City Council approval of the final plat. _ ODOWD LAKE GOLF COURSE AND DWELLING PUD COMMENTS AND SUGGESTIONS CONCERNING THE REQUEST FOR PLAT APPROVAL THE DEVELOPMENT DOES NOT CONFORM TO THE CITY COMPREHENSIVE PLAN. That plan calls for: 1 ) Development as sewer and water are available 2) Preservation of wetlands 3) Preservastion of good farm land This PUD locates 100 dwellings about three miles from the end of the sewer and water system. Thus endangering wet lands and Lake O' Dowd. An Environmental Assessment worksheet was distributed. The Metropolitan council was very critical . After a conference with the developers, the Metropolitan Council issued a second statement criticizing the project. _ The development deserves strict enforcement of the laws and regulations. A The city staff used an erroneous water height in concluding that the sites were adequate size. Comments on Memo by the City Planner to the Shakopee Planning Commission 3. a. "The high water mark is 943. 52 The City of Shakpopee engineering department tates that the ordinary high water mark is 945. 2 Request: The city staff should review the plans to determine al lot _size is adequata. . B The proposed arrangement between home owners and the golf course will discourage prompt correction of septic system problems. Declaration of Covenants 4. 3 (d) A member agrees to place the golf course back in its original state of repair, at the cost of the member Request: Since the developer designed the lots, the developer should pay for the restoration of the golf course. The homeowner should not be required to pay more than the normal cost of correcting septic _ problems. [Greens are very expensive to replace. ] Comments to the City Council by wn m ugh AA;-(J2Td.` Page i The septic systems have the possibility of contaminating the lake. The delicate soil conditions in other parts of the development may lead to septic system failures and a demand for extension of the sewers. Roads thru wetlands may have short lives. City staff recommends the city have the right to engage a consultant. Request: An independent soils engineer should be engaged to evaluate each lot. The controversy surrounding this project places an unreasonable burden on the city staff. D The Zoning code requires dedication of land or a payment of fees. The city staff recommends that construction of a trail which primarily benefits the golf course and is necessary for its operation. be credited as part of this fee. Request: The developers be required to pay the usual fees. E Land leased at less than market value The city staff recommends leasing approximately 1/4 acre to the developer for $1. per year Request: The fair market value of the property be estimated and a fair rent charged. F Roads are to be built by the developer The city staff recommends that streets be constructed ' in accordance with city design standards. At the public hearing, one resident said that he had bought a house with a road in and had paid twice again for road reconstruction because it crossed a wetland. Request: Because of the soil conditions the roads should be maintained or guaranteed by the developer for a period of years before the government assumes responsibility for them. Specific Exceptions to Plat approval G On Lakeview Drive (north) Lots 12 and 13 The proposed septic systems are located on a steep hillside. LOT 1. The septic sites are within 150 feet wetland. LOTS 2, 3,4, 5, 7, 8, 9 Sewage easment extends into water. Comments to the City Council by Don MCKush 445-0336 Page 2 On Lakeview Drive (south) Lots 12, 13, 14, 15, 15, 17 These lots do not comply with the ll ordinance which requires two septic sites per lot. These lots are also in jeopardy because of the previously noted water level error. They may not have sufficient area to meet setback requirements. Note: These lots are substantially smaller than the DNR' s suggested 40, 000 sqare feet for lakeside lots. 1 On Londonderry Cove Lots 1, 2, 3, 4, 5 - These are double houses and should .have more land. Also they do not comply with the septic site requirements. J General - Only four of the thirty lots comply with the ordinance requirement that sewage easement areas be formed within lot lines extended. K General - The marking of different lots with the same number is an inconvenience. Request - They prepare a new. plat correcting the difficulties noted or establishing that the lots are in compliance. L Variances - The Planning Commisssion stated that only a variance . for the 10' set back for septic systems would be granted. Request - The developer should be required to comply with the PUD ordinance. This requires a redesign of this plat. M Quality of Life - The purpose of the PUD is to enable land use with larger open spaces. The original proposal offered residents use of the golf;course on off hours. This planning commission requested this to include the golf course area in meeting the open space requirements. This benefit does not seem to be available now. Request - The developers be required to conform to earlier requirements. N Future - The PUD includes, for future development proposed lots which have poor prospects for septic systems. Request: The city council should advise the developer that approval of the first plat does not imply future approval of lots which are not appropriate or which require variances. I L� MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Preliminary and Final Plat of Bradberg First Addition DATE: January 14, 1988 INTRODUCTION• At their meeting on January 7, 1988, the Shakopee Planning Commission passed a motion recommending approval of the Preliminary and Final Plat of Bradberg First Addition subject to conditions. BACKGROUND: Bradberg Inc. has submitted a preliminary and final plat for Bradberg First Addition, a replat of Lots 1 & 2, Block 1 and part of Outlot A of Prairie House First Addition. The parcel is located in the Northeast Quadrant of Highway 101 and Valley Park Drive immediately East of Valleyfair. The area is zoned B-1, Highway Business. The purpose of the replat is to adjust lot lines to accommodate a proposed development. The proposed plat will not alter any existing roadways or utility services. Existing easements around the present Lots 1 & 2 of Prairie House First Addition must be vacated prior to recording of the final plat. A public hearing has been set for the January 19, 1988 Council meeting on the vacation of these easements. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of -the preliminary and final plat of Bradberg First Addition subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developers Agreement for construction of required improvements. a. Installation of a water system in accordance with the requirements of the SPDC Manager. b. Installation of sanitary sewer and storm sewer in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. C. A cash payment shall be made in lieu of land dedication to satisfy the requirements of City Park Dedication Provisions. f ..r - d. Stz Det signs to be constructed in accordance with the req airements of the design criteria and standard spe ifications of the City of Shakopee. e. Exi ting assessments shall be reapportioned according _ tn ity policy. 3. Vacation of perimeter easements of Lots 1 and 2, Prairie Housee1 Addition shall be completed prior to recording of the fins plat. 4. Drainage and utility easements around Lots 1 and 2 must be clearly abeled on the plat. 5. The na me of the plat must be changed to Prairie House 2nd Addition 6. Looping of the water system shall be accomplished prior to developm1nt of Lot 3, Block 1. ACTION REOIIESYED• Offer an$ approve Resolution No. 2861 Approving the Final Plat of Bradbarg First Addition (Prairie House 2nd Addition) . t �y i 9 � RESOLUTION NO 2861 A RESOLUTION APPROVING THE FINAL PLAT OF BRADBERG FIRST ADDITION (PRAIRIE HOUSE 2ND ADDITION) WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Bradberg First Addition (Prairie House 2nd Addition) on January 7, 1988 and has recommended it's adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, that the Final Plat of Bradberg First Addition (Prairie House 2nd Addition) described as follows: Lots 1 and 2, Block 1, Prairie House 1st Addition and that part of Outlot A, Prairie House lst Addition, as on file and of record in the office of the County Recorder, Scott County, Minnesota lying southerly of the westerly extension of the south line of Outlot D, of said plat. be, and the same hereby is approved and adopted with the requirements that: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developers Agreement for construction of required improvements. a. Installation of a water system in accordance with the requirements of the SPUC Manager. b. Installation of sanitary sewer and storm sewer in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. C. A cash payment shall be made in lieu of land dedication to satisfy the requirements of City Park Dedication Provisions. i d. Street signs to be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. e. Existing assessments shall be reapportioned according to City policy. 3 . Vacation of perimeter easements Of Lots 1 and 2, Prairie House 1st Addition shall be completed prior to recording of the final plat. 4. Drainage and utility easements around Lots 1 and 2 must be clearly labeled on the plat. 5. The name of the plat must be changed to Prairie House 2nd Addition. 6. Looping of the water system shall be accomplished prior to development of Lot 3, Block 1. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved plat and developers agreement. Adopted the City of Shakosession of the City Council of pee, Minnesota, held this 1988. day of Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1988 ` City Attorney 5 PKOPEE VALLEY Convention/ Tourism Bureau Executive Committee; 12/18/87 Vwgti 8. Mean Chairman TO: Shakopee City Council Marilyn Hagerman FROM: Virgil S. Mears Secretary SUBJECT: Annual Report nn the Shakopee Convention/Visitors' Bureau Stan Ockwig Lee Hennen It is a pleasure to report to the council the progress made during the first year of operation for the Convention/Visitors' Lwy Rein Bureau. The Convention/Visitors' Bureau was established in John Anderson January of 1987 and funded by a 3% lodging tax on hotels/motels. Linne■ Stramberg- An agreement was entered into by the city and the Chamber of Commerce whereby the Chamber of Commerce would administer the Wl8e Convention/Visitors' Bureau and oversee the expenditures of Wally Bakken the lodging tax revenues through a nine member Convention/Visitors' Bureau committee. It was my pleasure to Randy Williamson have chaired the Convention/Visitors' Bureau committee for this past year. The members of the Convention/Visitors' Bureau committee were: Mr. Lee Hennen, Mr. Wally Bakken, Mr. Stan Ockwig, Ms. Linnea Stromberg-Wise, Ms. Lucy Rein, Mr. Randy Williamson, Ms. Marilyn Hagermann, Mr. John Anderson and myself. Terms of each member will be for three years but in this first year there were three one-year memberships; three two-year memberships and three three-year memberships. Telephone: (612) 446-1660 Some of the activities in which we participated throughout 1987 were: Set up a working agreement with the City of Shakopee and the Chamber of Commerce regarding operational guidelines; developed a set of By Laws; hired a part-time Director to work on some immediate projects; helped plan, develop and build the. Chamber of Commerce/Convention/Visitors' Bureau building together with the Chamber of Commerce and the city; held an extensive fund raiser; had an open house for the Convention/Visitors' Bureau; did some advertising; participated in F.A.M. program and finally we hired a Director who will serve three quarter time as Convention/Visitors' Bureau Director and one quarter time Home of the: as Executive Director, Chamber of Commerce. MIDWEST ENTERTAMMENT SHOWCASE / d 0— Shakopee City Council Page 2 12/18/87 In late 1986 we developed a budget which we estimated would be approximately $65,000. This budget was broken down into three nearly equal amounts. The first category was intended to advertise Shakopee in new ways and primarily directed to 'entice business and activities here during the off season. Toward this end we hired a part-time Director who developed a plan to lure the Winter Olympics to Shakopee only to have to drop it when the Governor, who had to endorse the plan, elected that the Olympics should be moved around the state. We then investigated the possibility of developing a 10 or 15K cross country ski race and had an indication of interest from Scottland, Inc. , in building the course on their property. We ran into trouble with this proposal when the legislature failed to enact tax relief and the track lost money this past year. Right now this project is on hold pending what happens in the next legislature and next racing season. A third project in the discussion stage is the possibility that perhaps the city and/or a private developer might construct a convention center for groups in excess of 500 people. Canterbury Inn was planning such a facility but again - declining revenue changed that. We feel we could attract some sizeable conferences and conventions with such an attraction, probably year around. The second portion of the budget was designed to continue to advertise and enhance the images of those businesses and tourist attractions which are already located here and to promote Shakopee in general . This portion of the budget allows us to hire a CVB Director and pay related expenses such as clerical , etc. The third section of the budget is mainly focused on rent, utilities, phone and related expenses that accrue to any organization which needs to house people and program. If you were to look at the enclosed budget report you will see that we will probably come within a $1,000 or less of the projected budget. Because we had not hired a Convention/Visitors' Bureau Director and had not been successful in promoting some of our projects we have a rather tidy balance in our account. Obviously this puts us in an excellent position to do more in 1988. We thank you for your support of the Chamber of Conwerce and the Convention/Visitors' Bureau. We feel that progress has been made and that much more will be accomplished in 1988. There will be four (4) new Directors of the Convention/Visitors' Bureau in the 1988 year. Mr. Lee Hennen and Virgil Mears have decided not to serve another term. Mr. Stan Ockwig has changed positions and Mrs. Lucy Rein finds that she cannot continue to serve. Shakopee City Council 0 Page 3 12/18/87 The new Directors are: Ms. Julie Evans who will complete Mr. Stan Ockwig's term Mr. Tom Mackin for three years Mrs. Cindy Perry who will complete Lucy Rein's term Mr. Randy Williamson who will serve another term. Mr. Stan Rolfsrud The Director of the Convention/Visitors' Bureau and quarter time Executive Director, Chamber of Commerce, is Ms. Theresa Roehrich. The new Chairperson of the Convention/Visitors' Bureau is Ms. Marilyn Hagerman and she will discuss briefly expectations for 1988. VM/jl 10/005 SHAKOPEE VALLEY CONVENTION/TOURISM BUREAU Treasurer's Report Year End 12/31/87 Receipts: Hotel Motel Tax $64,738.99 Interest 933.01 TOTAL *$65,672.00 Expenses: General Tourism: Local Promotions 324.59 Outdoor Advertising - Trade shows, conventions 83.35 Advertising (Publications) 2,037.50 j Promotional Material 202.40 Winter Games Promotion 6,765.71 TOTAL GENERAL TOURISM $9,413.55 Operating Expenses: Rent/Lease 3,600.00 Salaries 3,478.49 Utilities 93.93 Equipment 262.42 Telephone 178.84 Office Expense 1,146.47 Security 65. 19 Insurance 551.96 Ad Director 662.74 TOTAL OPERATING $10,040.04 $19,453. 59 BALANCE ON WIND 12-31-87 $46,218.41 *Does not include receipts for December 1987 1-6-88 Bob Blenkush MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Council Vacancy DATE: January 22, 1988 Introduction As of 12:00 noon today, I have received correspondence from three residents expressing interest in appointment to fill the vacancy on the City Council, attached. Background On January 5th, Council authorized advertising for applications to fill the vacancy on the Council and that they be accepted until January 22, 1988 at 12:00 noon with a special meeting on January 26, 1988 for verbal interviewing. Attached also, is the list of questions Council used to interview candidates interested in the Council vacancy two years ago when Dean Colligan resigned. council may wish to use these during their interviewing and/or additional questions which they may wish to ask. Alternatives 1. Nominate candidate(s) from applications received thus far. 2. Appoint a candidate from applications received thus far. 3. Continue to advertise for applications. 4. Nominate and appoint, both at same meeting. Recommendation Based upon past practice, I recommend alternative No. 1, nominate candidates. Appointment to be made at the next council meeting as planned when we advertised for the position. Action Recommended - Make nominations of candidates to fill the unexpired term on the City Council until December 31, 1989. JSC/jms 1166 Harrison Street Shakopee, Minnesota 55379 January 21, 1988 Shakopee City Council 129 East First Avenue Shakopee, Minnesota 55379 At this time I would like to formally submit my application for the recently vacated Shakopee City Council position. My decision was reached upon by the urging of a group of peers and a genuine interest in community affairs. Although I bring no past City Council experience to the position, I do have experience in other areas and an eagerness to become an effective council member. A resident of Shakopee for nearly 5� years, and a homeowner at 1166 Harrison Street for the greater share of that period, I have kept abreast of civic issues and express real concern over problems facing the city now and in the future. I would appreciate the opportunityof becoming part of the problem-solving process and the promising future for this city. A brief background: - Upon graduating from Simpson College with a degree in Business Administration, I went directly into golf course manage- ment in the Des Moines, Iowa area where I remained for nearly 10 years. During that time a turf and ornamental consulting business as well as landscape and golf course design was developed. At this point I became a turf and ornamental specialist for Brayton Chemicals, Inc. and moved to Shakopee. Presently employed by Brayton Chemicals, Inc. , I am also President of TL Haugen Design, Inc. and an active member of the Minnesota Golf Course Superintendents Association, the North Central Turfgrass Association, and the Turfgrass Research Board. And, as most of you know, the "Golf' part of Stonebrooke Golf Club. Through the Stonebrooke project and process, I have become acquainted with the city processes and many individuals on the City Council, Planning Commission, and the staff. I feel that I can compliment these fine bodies and individuals and, in time, become an asset to them and the citizens of Shakopee. Sincerely, e Tom L. Haugen 6 January 20, 1988 Council Interview Committee: At this time I would like to be consdered to fill the vacancy on the City Council. I'm available for an interview. Please feel free to call me at home or at work to schedule appointment time. \ For Your Consideration, Terrance J.� " 1251 Harrison Street Shakopee, MN Home 445-2011 Work 474-4182 I A resident of Shakopee since August of 1980. I 'm currently employed as a mechanic for United Mailing inc. in Chanhassen. I 've been employed with them since April of 1982. Member of Shakopee Jaycees since June of 1985. Served as Community Development vice President 1986-87. Served as chairperson on local Run,Punt & Pass, Sportsman Banquet, City Council Attendane, ARC Golf Tournament, and Food Shelf Assistance. Served as committee person on Renaissance Festival Beer Sales, Sportsman Banquet, Shakopee Community Development Commission, United Mailing Safety Committee, and United Mailing 1987 Picnic Committee. I 'm currently serving on United Mailing' s Safety Committee, Shakopee Community Development Commission, Shakopee Jaycee Public Relations Vice President, Minnesota Jaycee Associate Gopher Editor (Minnesota Jaycee State Publication) and Jaycee Week Program manager. I have received numerous awards for my efforts, here is a list of some of them. Shakopee Jaycee of the Year 1985-86 Project Chairman of the Year 1985-86 Project Chairman of the Year 1986-87 Project of the Year -86 1985 Project of the Year 1985-87 John H. Armbruster Award - Local 1986-87 "Keyman" Award District Regional Regional Community Development V. P. iYear 1986-87 State Community Development V.P. of the Yr. 1986-87 C. William Brownfield, 1st Year Jaycee Award1985-86 For Your Consideration, Terrance J. oos 1251 Harrison St. Home 445-2011 Work 4744182 r ) 241 Fl �jvp Li T. JP Vr January 13, 1988 ` To: City Clerk From: Gary E. Scott Subject: Application for Vacant City Council Seat. 1. In accordance with the decision of the Shakopee City Council on January 5, 1988 to declare the council seat open for applicants I hereby announce myself as a candidate for the vacated seat. 2. Enclosed is a copy of my resume, although, it is not tailored for the specific duties of councilman, I feel that my qualifications readily make me a most viable candidate. 3. I will attend the council meeting January 76, 1988 at 7:00 unless otherwise notified. a cott CONFIDENTIAL RESUME: Gary E. Scott, CPP 1718 Vierlin, Ave W. Shakopee, Minnesota 55379 Phone: (612) 445-8051 (home) (612) 445-2936 (work) OBJECTIVE: To direct an expansive program for an industry leader that requires a take charge individual, who is prepared to confidently initiate and administer all facets of a comprehensive and diverse security program. I am presently seeking a dynamic and supportive environment in which I can achieve my professional goals. I prefer a company that has a sustained record of ongoing growth and holds an acknowledged position of leadership in industry. - RELEVANT EDUCATION: 1983 - Advanced Security Management Program, Washington, D.C. ASIS 1978 - Attended Terrorism II Seminar, Washington, D.C. ASIS - Attended Security of Public Utilities Seminar, Washington, D.C. ASIS 1977 - Attended White Collar Crime Seminar, Washington, D.C. ASIS National Crime Prevention Institute, University of Louisville, An Interdisciplinary Update on Crime Prevention Efforts, In Regard to Physical Security. 1976 - National Crime Prevention Institute - University of Louisville, Crime Prevention Theory and Practice. 1972 - State Department Security School, Washington, D.C. 1957 - 1958 University of Maryland, (Extension Program) . 1954 - 1974 Attended Many Major Military Schools. EXPERIENCE: January 81 Presently Director of Security/Safety for K Mart's Shakopee, to Present Minnesota Distribution Center. Responsible for establishing overall security and safety policies and for their execution. K Mart's Shakopee operation is a 100 acre site with a 1,300,000 square foot Distribution Center. Collateral responsibilities include training, fire protection, emergency procedures and contingency planning. Developed loss prevention policies and procedures for all ten K Mart Distribution Centers throughout the U.S. Trouble shoots on Security/Safety matters for all Distribution Centers. Established the Shakopee Distribution Center as a catalyst for other Distribution Centers to use as a model. January 80 - Self employed as security analyst and consultant specializing December 80 in anti-terrorism, executive protection, financial institutions, and retail and industrial security. Confidential Resume Continued: - Gary E. Scott EXPERIENCE CONT: 1976 - 1979 Director, Project Development/Crime Prevention Planning for the Crime Prevention Unit of Scott County. Directed activity of county level crime prevention organization. Planned and directed the only Crime Prevention Unit in the nation organized to serve the security needs of an entire county. Responsible for establishing the overall policy of the unit and for execution of these policies. Organized and directed security surveys of industrial and retail complexes and made recommendations to management on ways to improve perimeter and internal security, reduce employee pilferage, reduce theft, and protect against burglary. Planned bank security and employee training program for all county banks and savings and loan institutions, tailors extortion and hostage plans to exact needs of individual establishments. Advised county sheriff and municipal chiefs on unique problems. Collect an analyze statistics, identify crime areas and establish priorities. 1972 - 1974 Security Chief for American Embassy, Kuala Lumpur, Malaysia. Responsible for personal security of embassy employees. Internal and external security of embassy, ambassador's residence and U.S. Government agencies in the area. Responsible for coordinating security with the U.S. Government and foreign agencies for visiting high government and international officials. PERSONAL DATA: Retired from the Marine Corps 1 November 1974. Had a current top secret clearance upon retirement. Served in many and varied responsible positions during this period. Served two tours in Viet Nam. Flew 460 combat strike flight missions, wounded twice, highly decorated for heroism. Has been a guest lecturer on physical security at the National Crime Prevention Institute, University of Louisville. Authored several articles in professional magazines. A member of the American Society for Industrial Security. A founding member of the National Association for Crime Prevention Practitioners. A member of the National Association of Chief's of Police. SUMMARY OF QUALIFICATIONS: A highly motivated leader proficient in managing facilities requiring highest levels of security. Skilled in personnel management, budget development. Familiar with requirements for protecting national defense materials, information of the highest security classification. Has extensive experience with countless varieties of procedures, equipment and systems and an acute awareness of what has been successful for others. Will accurately and objectively determine risks and protection needs and how to make them cost effective. Has experience with bomb threats. '�12r1=ng/,,eroux moved to accept the report from Homan and Associates. Roll Ca,!: Ayes: Unanimous goes: Kole Motion carried Leroux/Lebens moved for a 5 minute recess. Potion carried -unanimously. Leroux./Lebens moved to reconvene at 12:00 p.m, Motion carried unanimously. At the request of Mayor Reinke and concurrence of councilmembers all parties- interested in f+lli.g the unexpired.term on the y Council were :..._ted to attend tonicnts meeting. his would enable then to Present their cua'_ifications for serving on the Council and also give the present councilmembers an opportunity to meet them. All candidates were Dresent excevt for tai. Lon Carnahan who said he was unable to attend tonights meeting but would be present on ::ovember 25, meetinE to answer any ouestionns the council may have. The candidates were: Ely Si=-beaaler, Diane Re^,.Hing, .03=ler, Delores i5grke, Cliff Stzffcrc, and Steve Clay, and Lon Carnahan. The questions from the council were: 1. How do you look- upon the coming growth of Shakopee, where and how would you like to see it developed? 1 c. `Would they all be prepared to give the corr tme^`s and the t-__ 11 is involved to being on the Council: ^� 3. now would you handle a situation if your worst enemy was out in the audience - would you be zole to scow concern and be open minded? L. cow would you feel if everywnere you went people would stq-u and ask questions or comclain about things they are unsappy with about % t:ne Council decdsicns? 5. How would you feel being criticized from people that may disagree I with your decision? Mavor Reinke thanked all for coming this evening and giving us an opportunity to bear from each of teem. Leroux/Lebens nominated Lon Caz�a.an for City Council_. Potion carried unanimously. - Lebeas�Xa;.pagh nominated Pay Siebeazler for City Council. ?'lotion_ carried unanimously. 7Lerling/"ddampzch nominated Steve Clay for City Council. Motion carried una.inously. MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Trash Receptacles for First Avenue DATE: January 14, 1988 INTRODUCTION• Our current Downtown Redevelopment contract with Harddrives Inc. allows the City of Shakopee to increase or decrease quantities with no effect on the unit price. On January 13, 1988 the Downtown Committee moved to recommend to City Council that eight additional trash receptacles be ordered and placed along First Avenue in conjunction with Phase I Part II of the Downtown Redevelopment Project. BACKGROUND: At the present time there is only one trash receptacle along First Avenue between Fuller Street and Sommerville Street. The Downtown Committee is recommending that City Council consider ordering approximately eight trash receptacles to be placed along First Avenue between Fuller Street and Sommerville Street. The approximate cost for each trash receptacle is $400. Staff has investigated whether or not the City could purchase the trash receptacles from another vendor at a cost lower than our existing bid price. Due to the small quantity of trash receptacles that we would order (8) there would be virtually no cost savings. In fact, if we were to consider the staff time involved in ordering the trash receptacles from a different vendor, the cost per trash receptacle would likely be higher than our current bid price. Since the completion of First Avenue may not occur until completion of the Downtown Mini By-Pass. The Downtown Committee and staff are recommending that approximately eight trash receptacles be ordered and placed along First Avenue in conjunction with Phase I Part II. Total estimated cost is $3200. There is adequate funds within the project to cover the cost of the additional trash receptacles. If Council concurs, it would be appropriate for Council to direct the appropriate City officials to prepare a change order for the provision of the eight trash receptacles will not be necessary. ALTERNATIVES• 1. Direct the appropriate City officials to prepare a change order for the provision of eight trash receptacles to be placed along First Avenue in conjunction with Phase I Part II of the Downtown Redevelopment Project. 2. Direct staff to contact vendors of trash receptacles and receive formal cost quotations for eight trash receptacles. 3. Do nothing. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED• /0 Move to recommend to City Council that the appropriate City '' officials be directed to prepare a change order for the provision of eight trash receptacles to be placed along First Avenue in conjunction with Phase I Part II of the Downtown Redevelopment Project. /DQ_ MEMO TO: JOHN ANDERSON-ADMINISTRATOR CITY COUNCIL FROM: JIM EARKANEN - PUBLIC WORKS SUBJECT: FLUSHER TRUCK DATE: JAN. 7th, 1988 j INTRODUCTION: The 1987 Capital Equipment budget provided $30,000 for the purchase of a replacement tank/flusher unit for the Public Works department. Bids were opened October 19th, 1987 for a new tank/flusher unit using our old tank/flusher as a trade-in. The Public Works department has also written specifications for a truck to mount the tank/flusher unit upon and is requesting permission to open bids for this unit on Jan. 27th, 1988 . BACKGROUND: The bids were opened for the tank/flusher unit and the successful low bidder was Ruffridge-Johnson Equipment Co. of Minneapolis, who submitted a low bid of $19 , 310.00 for the tank and flusher unit only. This low bid met all of our specifications and we are satisfied with the tank/flusher unit that they propose to supply us. Our original intention was to possibly use the Fire Dept. truck chassis to mount this new tank/ flusher unit but it was found to be incompatible for our purposes because of its length, and the tandem axles, which severely limit the maneuverablity needed in the hockey and skating rinks. We hadn't made a recommendation to award this contract yet, because we have been trying to locate a good used truck which we could use to mount the new tank/flusher unit, and the Fire truck trade- in hadn't been available until now. Because of the unusual specifications and demensions required for this type of installation, we haven't been able to locate such a truck in a good used category. It was our intention to use the Fire Dept. truck, plus the $10, 690 surplus in the Capital Equipment fund from the tank/flusher unit purchase to find a truck used chassis for the installation. We have located several trucks of a newer vintage that will meet our specified needs , and it is now our intention to issue specifications that will include these newer trucks because they are available. We have received informal quotations for a newer truck that is over $15 , 000 limit set by state law for quotations, even though the net price to us is under $15 ,000 including trade-in, the gross price of the truck requires us to advertise with sealed bids for the purchase. Because we have now located a truck for the tank/flusher unit, we can also recommend awarding the flusher unit to the successful low bidder, Ruffridge-Johnson of Mpls. The tank/flusher is a versatile piece of equipment that is used almost daily in all aspects of our public maintenance functions by the Street, Park, and Sewer departments. It is used for flushing streets , wetting down streets prior to street sweeping, flushing manholes and sewer lines, flushing storm sewers, hauling water, watering trees, watering recreational areas and flushing outdoor shelters, as well as flooding and maintaining skating and hockey rinks. Our older unit which was traded in for the tank/flusher unit, is a 1967 model which was purchased used from the City of St. Paul , and is not very reliable any longer. We have attached the low quotation from Boyer Ford Trucks , of Mpls. , for a new truck in the amount of $14,882 .00 net price. They are allowing us $129100 trade-in value for the used fire 'I truck, and we would have to pay the difference using the $10,690 left over in the Capital Equipment fund. In order to make this purchase, we would have to revise the Capital Equipment budget from $30 ,000 to approximately $34,000 to cover this expenditure. If we advertise for bids, the budget revision would have to correspond with the law bid, and the proposed budget revision would have to be made at that time. $30 ,000 Capital budget -19 ,310 low bid-tank/flusher 10, 690 balance for truck purchase The lowest quotation received for the new truck purchase was from Boyer Ford Trucks of Mpls. $26 ,982 gross cost 1987 Ford 12 , 100 trade allowance-Fire truck $14,882 net cost for new truck ALTERNATIVES : 1 . Award the low bid for the tank/flusher unit to Ruffridge- Johnson Equip. Co. of Mpls, for the low bid of $19 . 310.00, as specified, and use the remaining $10,690 towards the purchase of the truck. 2. Not award the low bid for the tank/flusher. 3. Authorize the Public Works Dept. to advertise for bids for a truck for the tank/flusher unit using the older Fire Dept. truck as a trade-in. 4. Not advertise for the truck and chassis. 5 . Accept the low quotation for the truck, as submitted by Boyer Ford of Mpls. , for a Ford truck with trade-in for $14,8882 .00 and revise Capital Equipment budget accordingly. 6 . Not award the tank/flusher unit, re-advertise for new flusher/tanker mounted on a new truck. Delivery could be in 6-8 months ( for the new truck. ) /6 e� RECOMMENDATION: Alt. p1 . Award the low bid for the Rosco Model MTA-2500 gallon tank/flusher unit by Ruffridge-Johnson Equipment Co. of Minneapolis for the bid amount of $19, 310.00 as specified, and use the remaining balance of $10,690 towards the purchase of the truck for this unit. Alt. R3 . Authorize the Public Works Dept. to advertise for a truck for mounting the tank/flusher unit, using the older Fire Dept. tanker as a trade-in, and setting the date of the bid opening for 2:00 PM, CDT, January 27th, 1988 at the City Council chambers. It is our intention to bring the bid recommendation back to Council at the Feb. 2, 1988 meeting, at which time we will know how much of a Capital budget revision will be needed. I ACTION REQUESTED: i Award the low bid of $19 , 310.00 for a Rosco Model MTA-2500 tank/flusher unit to Ruffridge-Johnson Equipment Co. of Minneapolis , Minn. , and use the remaining balance of $10 ,690.00 towards the purchase of a truck for this unit at a later date. Authorize the Public Works Dept . to advertise for sealed bids for a truck and chassis, as specified, to be used for installing a tank/flusher unit, at 2:00 PM, CDT, on January 27 , 1988 at City Hall . !i I lOL � CITY OF SHAKOPEE NOTICE OF ADVERTISEMENT FOR BIDS FOR ONE ( 1 ) NEW TRUCK BIDS CLOSE 2:00 PM, CDT, WEDNESDAY, JANUARY 27th, 1988 NOTICE IS HEREBY GIVEN: The City of Shakopee will receive bids at the office of the City Administrator until 2 :00 PM. CDT, January 27th, 1988, at which time they will be publicly opened in the Council Chambers of the City Hall , 129 E. 1st Ave. , Shakopee, Minesota 55379, by the City Administrator, will then be tabulated and will be considered by the Council for: ONE ( 1 ) NEW TRUCK according to the Specifications on file in the office of the City Administrator, 129 East 1st Ave. , Shakopee, Minnesota 55379. Each bid must be accompanied by cash, certified check, or bidder's bond acceptable to the City in an amount equal to at least five ( 5%) percent of the total amount of the bid, payable without condition to the City of Shakopee. In case the successful bidder fails to enter into a contract or to provide a performance bond as required by law within the specified number of days after the award of the contract, such check shall be forfeited to the City as liquidated damages . The City of Shakopee reserves the right to reject any and all bids and to waive any informalities or irregularities herein as they deem to be in the best interest of the City. Copies of the specifications will be furnished on request to any prospective bidder. All inquiries should be made to the Public Works Superintendent at 445-2211 . By order of the City Council: i` JOHN K. ANDERSON CITY ADMINISTRATOR i /o v SPECIFICATIONS FOR ONE ( 1 ) 2 1/2 TON TRUCK GENERAL: It is the intent of these specifications to detail and specify the requirements for furnishing one 2 1/2 ton truck and chassis to the City of Shakopee. The vendor is to supply the truck as specified. The truck is to be complete, operational , and ready for service upon delivery and acceptance. The truck is to be equipped with all of the standard equipment and attachments as furnished by the manufacturer, whether or not specifically mentioned in the specifications, as well as the equipment and attachments as herein specified. Alternates and deviations from the specifications shall be detailed on the bidder's letterhead and shall be attached to the bid proposal , plus a complete description of the deviations, performance and test data and other information pertinent to making an evaluation. The burden of proof as to the merit of the proposed substitutions shall be upon the bidder. Alternate proposals will be considered for newer used trucks, or demonstration models. These truck units must be described in full detail in the bid proposal on a separate sheet. (not supplied) BIDS: Proposals or bids must be written and conform to the form hereto attached and directed to the City of Shakopee, Minnesota. All bids must be sealed and marked "BID ON TRUCK" and must be accompanied by a certified check, cashier's check, bid bond or cash deposit payable to the City of Shakopee, for not less than the five ( 5%) percent of the total bid price. In case the successful bidder fails or refuses to enter into the contract for the performance of the contract and to give bond as required by law, such check shall be forfeited to the City as liquidated damages. The bidder shall not stipulate in his proposal any conditions not contained in the contract conditions prescribed by the City. The City reserves the right to hold all bids for ninety (90) days. BID AWARD: It is the intent of the City of Shakopee to award the contract to the lowest responsible bidder meeting the specifications , provided that the bid has been submitted in accordance with the bid requirements. The City reserves the right to waive any informality or irregularity in any bid received; to award the bid which is in the best interest of the City. Award will be based on, but not necessarily limited to, the following: 1 . Compliance to conditions and requirements of the bid specifications. 2. General reputation and experience of the bidder. 3 . Evaluation of the bidder's ability to service the City. 4. Prior knowledge of and experience with the bidder in terms of past performance both with the City, and others. 5. City experience with the equipment offered, if any. 6. Successful bidder shall supply a user list from the last five years for products comparable to unit being bid, if required. 7 . Availability of the truck unit supplied to the City of Shakopee will be a factor to accept and award the low bid. WARRANTY: The successful bidder shall guarantee the unit and appurtenance for a period of 1 (one) year from the date of delivery. Any manufacturers warranties which exceed the 1 year period shall also apply. The supplier shall guarantee the machine against defective materials and/or workmanship. Any material found defective within the guarantee period shall be replaced at the manufacturer's expense including labor. DELIVERY: The successful bidder shall deliver the complete unit ready for operation to the Public Works Dept. , 500 Gorman St. , Shakopee, Mn. 55379 . Bidder shall state delivery date or delivery under this contract must be made within 60 (sixty) days following contract award. PAYMENT Payment will be made within 30 days following the acceptance of the equipment received. l6 d NON-DISCRIMINATION: The contractor shall be in compliance with all applicable federal and state statutes and the City of Shakopee's affirmative action program regarding non-discrimination and equal employment opportunity. Failure to comply with such statutes and/or affirmative action program may lead to the non-award of the contract or once a contract has been let, the cancellation of such contract. TAX EXEMPTION: The City of Shakopee is an instrumentality of the State of Minnesota and is therefore not subject to the State sales tax or Federal excise tax. Appropriate certificates shall be furnished if required. AWARDS: Award of contract by the City of Shakopee will be based upon but not necessarily limited to the factors of ( 1 ) Price; ( 2 ) Parts and service; ( 3 ) Analysis and comparison of specifications details; (4) Delivery date; and ( 5 ) Past experience with similar or related equipment. It is the intent of the City of Shakopee to award the bid to the lowest responsible bidder meeting the specifications, provided that the bid has been submitted in accordance with the bid requirements. The City reserves the right to waive any informality or irregularity in any bid received; and to award the bid which is in the best interest of the City. Bids will be opened at 2 :00 PM, on Wednesday, January 27th, 1988, at which time they will be reviewed, tabulate, and then considered by Council for award the following scheduled Council meeting. TRADE IN: The City will trade-in a used 1980 Ford F800 tandem 3000 gallon tanker. This unit may be inspected at the Public Works Building at 500 Gorman St. , Shakopee, Minnesota. Phone 612-445-2211 . This unit is considered to be in excellent condition. I I I t SPECIFICATIONS FOR A 2 1/2 TON TRUCK These specifications are intended to describe the following trucks : Ford CF8000, Hino SG235, C800, Int' 1 1800 Cargostar (or equal ) CAB OVER (tilt type) WHEELBASE approx. 153" CAB TO AXLE 122" GVW rating 32,500 lbs. min. Front axle 12,000 lbs. min. Rear axle 22 ,000 lbs . min. ratio: 4.88 Front wt. 5813 lbs . min. Rear wt. 2805 lbs . min. Frame 21 . 75 SM 36 ,000 psi double channel Front wheels 22.5 X 7 . 50 Rear tires 11R X 22 . 5 G 14 PR ENGINE: Gas - 429 c.i .d. min. Diesel 200 HP. min. Alternator 80 amp min. Full flow oil filter, fuel filter, air cleaner Fuel tank - 50 gal. min. (step type) Power steering Air brakes - with dryer Air compressor - 12 cu. ft. min. CAB: Standard tilt type Bench seats Sunvisor Arm rests Front bumper TRANSMISSION: 5 Spd. min. TRADE-IN 1980 Ford F800 429 cu. in. engine 5130 miles (odometer) Transmission - 5 spd + Eaton 2 spd Tandem axle Mounted with 3 ,000 stainless steel water tank CITY OF SHAKOPEE PUBLIC WORKS DEPARTMENT PROPOSAL FORM BIDS CLOSE 2 :00 PM, CDT, JANUARY 27th, 1988 To the Honorable Mayor and Members of the City Council City of Shakopee, Minn. 55379 i Gentlemen: We propose to furnish, in accordance with your Notice to Bidders and Specifications, one ( 1 ) new Truck as specified. MANUFACTURER AND MODEL PRICE OF (AS SPECIFIED) $ LESS TRADE-IN (City Fire tanker) $ NET PRICE COMPLETE AS DELIVERED TO SHAKOPEE $ $ DOLLARS AND CENTS ---------------------------------------------------------------- ALTERNATE UNIT BID (DESCRIBE) ALT. NET BID - $ DOLLARS AND CENTS ---------------------------------------------------------------- LIST ANY EXEMPTIONS TO SPECIFICATIONS LIST OPTIONS NOT SPECIFIED ADD $ ADD $ ADD $ ADD $ DELIVERY DATE DAYS ACCOMPANYING OUR BID IS A CERTIFIED CHECK, OR BIDDERS BOND IN THE AMOUNT OF $ WHICH IS 5% OF SUBMITTED BID AMOUNT. DATE 1988 FIRM Subscribed and sworn ADDRESS before me this day of 1988 BY Notary Public, My Commission expires TITLE i I MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Process to be used to determine who should be given the Murphy's Landing Operations Contract DATE: January 14, 1988 INTRODUCTION• The City is in the process of looking for an organization to operate Murphy's Landing. Questions were asked recently about the process to be used for the selection of an operating entity. BACKGROUND: The deadline for the submission of responses to operate Murphy's Landing is January 31, 1988. Subsequent to that time the City Council will need to determine which organization submitting a RFP should be selected to operate Murphy's Landing. Recently the Community Development Director was asked several questions about the process by a representative from the Minnesota Valley Restoration Project (MVRP) . Among the questions asked were; (1) Will interviews be conducted with each of the organizations submitting an application? and (2) Will only written materials submitted in the process be used for the selection? The City Council should decide on a process at this time so that a response could be transmitted to the MVRP and other potentially interested organizations. If only written materials submitted in response to the RFP are used it is likely that the submissions will be much lengthier. Also there will not be an opportunity for Council members to ask questions and have these answered in a reasonable manner. If the questions are asked in writing and responses are given in writing, a much greater period of time will be required. ALTERNATIVES• 1. Appoint a three person City Council Committee to conduct informal interviews with all respondents and then make a recommendation to the City Council on the preferred organization to operate Murphy's Landing. - 2. Use the written submissions as the only deterrent in selecting the Murphy's Landing operating entity. RECOMMENDATION• It is recommended that alternative #1 be used. ACTION REODESTED• Appoint a City Council Committee of three persons to meet with all organizations submitting proposals to operate Murphy's Landing and to direct the staff to inform the MVRP, the Scott County Historical Society and other interested parties of this process. 102, MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Process of determining whether there is community interest in the construction of a community center or ice skating facilities in the Minnesota Valley Mall and which community groups should be involved in this process, if in fact a need is perceived to exist. DATE: January 14, 1988 INTRODUCTION• The Essex Corporation is in the process of purchasing the Minnesota Valley Mall. This developer has raised the question of whether the location of a City owned community center and/or ice skating facility is desired by the City. BACKGROUND: The City staff has been in the process of meeting with representatives of the Essex Corporation for the past two to three months on the question of the design and facilities to be located in the Minnesota Valley Mall. A presentation was made to the City Council on January 5th of the basic design scheme for the renovation of the mall. The question of whether City owned recreation facilities should be included as a part of the renovation process has also been discussed. In response to this project the City Council appointed a two person committee to work with the staff and the developer. Subsequent meetings were held with the developer and a process was formulated whereby one or more meetings would be held with representatives of various community organizations with the purpose of determining whether there is a perceived community need for such facility and if so, which activities would need to be accommodated in the facility. If the response is positive there will be a need to determine space needs for various activities and the means of financing the facility. Attached to this memo is a list of organizations to be invited which was prepared by the Community Services Director. This list represents various organizations which are presently active in the community. ALTERNATIVES• 1. Authorize the sending of a letter to persons on the attached list inviting them to a meeting to discuss this concept in greater detail on January 27, 1988 at 7:30 P.M. 2. Direct the staff not to use this process and to confine the work activities between the City Council Committee, the developer and the City staff. ff RECOMMENDATION• Alternative $1 above is recommended. ACTION REQUESTED: Move to authorize the mailing of the letter on behalf of the City Council inviting persons on the attached list to a meeting on January 27, 1988 at 7: 30 P.M. for the purpose of discussing whether a community center and/or ice skating facility is needed in the City of Shakopee and if so what activities should be accommodated at that facility. Move to authorize to sign the above- mentioned letter on behalf of the Shakopee City Council. Dear Shakopee Booster: Perhaps you have heard in the media that the corporation which is in the process of purchasing the Minnesota Valley Mall has offered to allocate space in the central part of the mall for a city-owned community recreation facility and\or an ice skating rink. Many questions need to be answered before this subject can be decided by the Shakopee City Council. The City Council is interested in receiving as much information as possible on this proposal in order to assess project viability. Other basic questions which need to be answered include. . . .Is there a need? Is there an interest? How could it be financed? How much space is needed? Your participation in this process would be appreciated. A special exploratory meeting has been scheduled for Wednesday evening, January 27, at 7:30 PM at the meeting room at Citizens State Bank. Please plan to attend, listen to what is being proposed and then provide your comments. Your R.S.V.P. to Toni Warhol at the Shakopee Community Development Department by January 22 would be appreciated; phone:445-3650. If you have other questions about the project prior to the meeting please contact the Shakopee Community Development Director, Dennis Kraft at the above number. very truly yours, 1, SUGGESTED INVITATION LIST MINNESOTA VALLEY MALL RECREATION CENTER STUDY COMMITTEE Randy Boom. . . . . . ... . ... .. . . .Youth Baseball/Softball Terry Boom. .. ..... . .. .... . .. n n n Willie Rein. . ... . ... . . . . . . . .Youth Football Dean Roper. . . . . . . . . . . . . .. . . . " "" Bob Techam... . . . . . . . . . . . . . . .Youth Basketball Ken Cordes. . . . . . . . . .. . . .. . . . Bill Farmer.... . . . . . . . . . . . . .Youth Wrestling Greg Stoks. . . . . . . . . . . . . . . . . .Youth Wrestling Clint Hammer. . . . .. . . . ... . . ..Iee Arena Hockey Assn Board. . .. . . . . . . .Youth-Hockey Carol Newton. . .. . . . . .. . .. .. .Gymnastics Bob Britz. . . . . . . . . . . . . . .. . . .Track & Field Bob Loonan. . . . . . . . . . . . . . . . . Steve O'Neill. .. . . . . . . .. . . . :Adult Basketball Nancy Huth. . . . . . . . . . . . . . . . . .Adult Volleyball Lois Weckman. . . . . . . . . . . . . . . .Adult Softball Joe Schleper. . . . . . . . . . . . . . . .Adult Baseball John Sunder. . . . . . . . . . . . .. . . .Running Community Kermit Lindmeier. . . . . . .. . .. .Walking Community Toni Swiggum.. .. . . . . . .. . . . . .Figure Skating Paulette Rislund. . .. . . ... . . .Community Recreation Board Pat Ryan. . . . . . . . . . . . . . . . . .. .Adult Broomball Mike Pennington. . . . . . . . . . . ..Jaycees Jim Streefland. . . . . . . . . . .. . .Lions Ron Arnett... . . . . . . . . . . . . . . .Rotary Randy_Laurent.. . .. . ....... . ..Chamber Of-Commerce Ione Theis;. . . . . ... . . .. . . . . .Sr Citizens Steve Johnson.. . .. . . . . . . . . ..School Board Virgil Wars. .. . . . . . . . . . .. . .School Faculty Glenda Spiotta. . . . . . . . . . . . . .League Of Women Voters Bob Tomezik Arlene Jonckowski Pete Tousignant Roy Ohlman Pat Pass Charles Fonder Harold Bigot Bob Jackelen Roxanne Jackelen Dick Juba John Goihl Leo Pink Joe Kinney Steven Humburg CD ti S� tiJT HMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Request of Coalition of Rural Outlying Neighboring Areas (CORONA) to Complete Questionnaire and Participate in Activities of the Group. DATE: January 14, 1988 INTRODUCTION• An organization of eleven outlying suburban communities, the nucleus of which are located in Northern Anoka County, has been formed for the purpose of essentially terminating the Metropolitan Councils control of the Metropolitan sewer system connection process and of greatly limiting the Metropolitan Councils control of land use in the areas which are located in the vicinity of the Metropolitan Urban Service Area (MUSA) line. BACKGROUND: CORONA has submitted the attached materials to the City Clerk and has requested that the attached questionnaire be completed and that the City consider sending a representative to the CORONA meetings. These meetings are presently held in Ham Lake on the second and fourth Thursdays of the month. The questionnaire itself could probably be processed within a period of one to two hours. In that some of the questions relate to the historical activities a very limited amount of research would have to be conducted in order to accurately complete the questionnaire. Active participation in the organization for two Thursday nights per month, plus possibly other meetings, would be appreciably more time consuming. ALTERNATIVES• 1. Do not pursue this subject further at this time. Advantages: 1. This would not consume any additional staff or City Council time, Northern Anoka County is located some distance from Shakopee and travel to and from the meetings and participation in the meetings would be time consuming. 2. In the past the City has been able to expand the MUSA line by working with the Metropolitan Council. 3. In the opinion of the Community Development Director the likelihood of success of the organization to terminate the MUSA concept is very limited. MUSA /°l control is extremely important to the Metropolitan Council and if they were to lose this their effectiveness as a planning organization would be dramatically minimized. 4. At the present time the City staff has a working relationship with the Metropolitan Council and it is positive that this working relationship should continue. Active participation in CORONA would not work towards this end. Disadvantages: 1. The MUSA process will most likely continue if no organizations attempt to change the process, even though the likelihood of change if limited. 2. Fill out the questionnaire but do not go to the CORONA meetings or participate further with the organization. Positive Aspects: 1. This would use a limited amount of staff time. 2. This would add data to the CORONA data base. Disadvantages: 1. Lack of participation would not actively facilitate CORONA's objectives. 3. Fill out the questionnaire and attend the CORONA meeting and observe their activities. Advantages: 1. This would add to the CORONA tax base and would also provide more information to the City Council on the activities of CORONA. Disadvantage: 1. Observation at meetings would consume additional amounts of staff and/or City Council members time and would compete with an already relatively full schedule. 4. Fill out questionnaire and join CORONA. Advantage: 1. This would do most to help the organization attempt to obtain their objectives. �br Disadvantages: 1. This would consume appreciable amounts of staff or City Council members time and would possibly result in expenditures by the City of Shakopee in that CORONA is contemplating forming a joint powers agreements with the various member entities and assessing for it's activities. An additional disadvantage would be that this could possibly alienate the Metropolitan Council and would still result in little likelihood of the elimination of the MUSA concept. RECONNENDATION• Alternative #1 is recommended. ACTION REOUESTED: Move to receive the information from CORONA dated December 31, 1987 and place on file. RECEP„- ilAN 0 8198 December 21 , 1987 (CITY OF SHAKOPEE Dear Ms . Cox: Thank you for taking time to review the enclosed letter and questionnaire . Due to a number of incomplete addresses , you may not have previously received this material , originally mailed in early September, 1987. Because of our timeframe for compiling the questionnaire information , we ask your cooperation in completing and returning the questionnaire as quickly as possible . If you have any questions or would like additional information, please contact Chairman Jim Rahn, Mayor of East Bethel , 434-6826 ; or Vice-Chair Marilyn Schultz , Mayor of Ham Lake , 434-7135. Sincerely , Jamas Rahn, Chairman Coalition of Rural Outlying Neighboring Areea (CORONA) Encl . (2) August 26, 1987 TO: Clerks , Managers , Administrators FROM: CORONA (Coalition of Rural Outlying Neighboring Areas) A coalition of municipalities concerned with the relationship between the Metropolitan Council and units of government wholly or partially located outside the MUSA (Metropolitan Urban Service Area) line has been organized. With a nucleus of communities in Anoka County , the group is expanding to include any municipalities in the seven-county Metropolitan jurisdictional area which have some or all of their area outside the MUSA line. The goals and objectives of CORONA are : 1. To restore control of local land use to local units of government. a. To pursue legislation which would provide effective representation on the Metropolitan Council for municipalities located within the Metropolitan Council jurisdictional area but outside the MUSA line. b. To determine a way of communicating directly with the Metropolitan Council , and to provide an effective organization for presenting the concerns of our group. Several communities in the rural outlying areas have encountered points of impasse in dealing with the Metropolitan Council and their jurisdictional powers. Such points of concern include , but are not limited to: Sewer availability/capacity Septic system compliance Accurate demographics in regard to community census Rezonings ; i.e. , lot sizes , land use (residential vs. non-residential) Designation; i. e. , general rural, free-standing An attempt is being made to form an united front by which we can approach the Legislature and/or Metropolitan Council. The following questionaire will help us focus on general areas of needs and concerns. We would deeply appreciate it if you would bring this letter and questionaire to the attention of your elected officials for their response. We also invite you to consider sending a representative to our meetings held the second and fourth Thursdays of each month at 7 :30 p.m. at the Ham Lake City Hall, 15544 Central Avenue N.E. , Ham Lake , Minnesota 55304. For more information, contact Chairman Jim Rahn, Mayor of East Herbal , 434-6826; Vice-Chair , Marilyn Schultz, Mayor of Ham Lake , 434-7135; or Doris Nivala, Administrator, City of Ham Lake , 434-9555. cL CORONA Questionaire Name of Municipality: Address : Size of Municipality (in square miles ) : Population: County: Name (a ) of State Senator : Name (s ) of State Representative : Form of government : ( i. e. statutory City, Charter, Township) Served by metropolitan sewer services : _ Yes No What percentage of Municipality served: _ 1. Have you adopted an updated Comprehensive Plan as a result of the Land Planning Act of 1976? _ Yes _ No What significant impact did that .process have on your community (i.e. , financial , enhance or curtail development , drain on staff , etc. )? What was the overall impact of the Comprehensive Plan on your community? Please list successes and failures. 2. Was your community required to change its platting ordinance to meet lot sizes which were in conflict with the overall development plan of your community prior to the Land Planning Act? Yea No 3. Were you required to amend your comprehensive plan prior to approval to meet those lot sizes? _ Yes — No 4. What impact has this updated plan had on: Growth Development Schools Attractiveness to industry Other 5. Have developers and/or your municipality been denied favorable comment by Metropolitan Council when applying to : HUD for FHA/GI Mortgages ; for PCA permits , for DNR permits ; for Corps of Engineer permits ; other State or Federal agencies ; grants and/or loans (i. e. , C.D. B.G. , TIF, etc. , ) Yes No Briefly explain what happened and what the basis for the denial was. 6. Is your community interested in being involved with CORONA in approaching the Metropolitan Council and/or the Legislature to effect a change? Yes No If so , your appointed contact person is , (name , address , phone ) : 7. Would you like to placed on a mailing list advising you of our meetings and progress? _ Yes — No Please list names and addressee of those to be placed on the mailing list. Mail completed questionaire to: CORONA, Ham Lake City Hall 15544 Central Avenue N.E. Ham Lake, Mo. 55304 MEMO TO: John K. Anderson, City Administrator FROM: John H. DeLacey, Engineering Tech. III SUBJECT: Downtown Streetscape DATE: January 15, 1988 INTRODUCTION: Partial Estimate Voucher No. 5 for the above referenced project requires Council approval. ACTION REOUESTFJL—- A motion to authorize- payment- of Partial -Estimate No. 5 for Downtown Streetscape, Project 1987-2, in the amount of $25 ,489.10 to Hardrives, Inc. 7200 Hemlock Lane N. , Maple Grove, MN 55369. JHD/pmp ESTS PAR'TIAi. TS"M ft-X VOUCE1,11 Contract No. 1987-2 Partial Estimate Voucher No. 5 period Ending: December 31, 1987 TO: Contractor Hardrives, Inc. Address 7200 Memlock Lane N. Maple Grove, MN 55369 Project Description Downtown Streetscape 1. Original Contract Amount a; 2,186,457.65 2. Change Order No. 1 - Thru No. a $ 48,-670.80 3. Total Funds Encumbered $ 2,235,128.45 L. Value of Work Completed $ 987, 670. 89 . Value of work 5. 5Percent Retainage $ 49, 383.54 - B - - —--- - $ 1,247,457. 56 6. Previous Payments _- $ 912.788.25 Percent Complete i. Deductions or Charges $ -0- - 44$ 8. Total $ 962, 181.79 Payment Due (Line 4 - Line 8) $ 25,489.10 CER'TIFICATi.: Oil PAYMUIT (I, We) hereby agree that the quantity and val.uo of work ::flow,, herein is a fair estimate of the work comuleted to date. CONTRACTOR: ,vt=S .0 v REVIEWED BY SHAKOPEE PUBLIC BY: UTILITIES COMMISSION `' TITLE: S:l Q / MGR _ —� Man a er APPROVED - CITY OF SHAKOPEL' unto Ac iwgciit'/y Erie,',rieer Date . 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Z. ;. ;.1 6 6 6 6 6 6 6 6 1. . .. . . . . . . . . . . . . . . . . . 6 6 1. . . . . . . . . . . . . L 6 1. I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 1. 6 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 1, . . . . . . . . . . . . . . . . . . . . . . . . 1. 1. 66 66 6 Z. 6 6 . . . . . . . . . . . . . . . . . . . . . . . . . I. . . . . . . . 6 6 1, 6 66 6 6 1. 6 . . . . . . . . . . . . . . . . . 6 6 m m m m p�am_.m�mmm-e°o�m m � min NaveWN eie e e Izez COeOzzz N 00000ee�oo�'o�o��ee�oae rrrrrrr �f� rl I zs m w�m c m sMAPH m - El 1 rom ~ slo M1 r a /OD MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: city Logo DATE: January 11, 1988 introduction The City had been working with Steve Mears who had volunteered his time to work on a City logo. It has been a year since we have had a discussion on the logo issue because Steve's time simply has not allowed him to work on the project. I spoke with Steve and we decided to try a different approach using Hennepin County Vo-Tech commercial art students. Background At a recent staff meeting one of the department heads suggested that we resolve the logo issue by seeking assistance through the Hennepin County Vo-Tech commercial art class. This can be done in one of two ways. (1) The City can wait until there is a commercial art class that is focusing on logo development which may occur later this spring. (2) The City can run a short design contest, sanctioned by the art instructor at Hennepin County Vo- Tech, with a $75.00 prize to the student with the most creative logo. The City would draft a one page flyer explaining its goals and establishing the rules for the contest. Bill Manske, art instructor at Hennepin County Vo-Tech, would then take this one page flyer and present it to his classes. Bill feels that we could get four to five students working actively on the project if we had a $75.00 prize for the most creative design. While the City would be obligated to pay the $75.00 for the most creative design, it would not be obligated to use that design if it was not acceptable to the City Council. The benefit of this approach is that it may generate some creative new ideas. The work by Steve Mears and the review by council seemed to indicate an impasse over whether or not we wanted to continue with some form of the indian head logo presently being used. With four to five students working on it perhaps there will be a creative idea that will capture everyone's imagination. Alternatives 1. Continue to work with Steve Mears when he has time available. Clearly this has not worked very successfully during the past year. 1p d 2. Provide Bill Manske, the art instructor at Hennepin County Vo-Tech, with a one page flyer creating a $75.00 contest for the creation of new logo designs. This particular approach is inexpensive and may generate far ranging ideas that might create new enthusiasm for a change in logos. 3. Direct staff to obtain cost estimates for a professional firm to work on the logo. The logo redesign is a relatively low priority for which Council may not wish to incur the higher cost of a professional commercial artist. 4. Do nothing and continue with the current logo. Recommendation I recommend alternative No. 2 for the reasons discussed above. Action Requested Direct the City Administrator to work with Bill Manske, art instructor at Hennepin County Vo-Tech, to establish a logo design contest with a $75.00 prize for the best design. JRA/jms IDP Jumus A.COLLER,n ,r a ATrOENEY AT LAW aiz-aas-izaa 21f WEST FIRST AVENIJE ie sa-iano SEAEOPEE,MINNESOTA 36329 To: The Honorable Mayor Lebens and Members of the Shakopee City Council Attached hereto for your consideration and guidance is a copy of the Findings of Fact, Conclusions and recommendations of Administrative Law Judge Phyllis A. Reha in the matter of the consideration of the penalty to be imposed upon the Pullman Club for violations of the Minnesota Liquor Laws and also attached is a copy of the Judge's memorandum wherein she recommends that a suspension would be the most appropriate penalty. The following actions by the Council are now required. 1. Set a hearing time and place for the Pullman to appear and make a statement that deems appropriate and for the City to state its position, 2. Ten (10) days notice of the time and place must be given the Pullman Club. 3. That penalty must be imposed. RECOMMENDATIONS: 1. Administrative Judge recommends a 14 day suspension or in the alternative a $1,000.00 fine. 2. City Attorney recommends a suspension of not less than 30 consecutive days. The final decision in this matter, as limited by law, is soley the Council's prerogative. Dated this 13thday of January, 1988. City Attorney ACTION REQUESTED: Move to set February 2nd, 1988 at 9:00 p.m. in the Council Chambers as the time and place to address the Pullman Club violations of the Minn. Liquor Laws, and that the pullman Club be so notified. CITY-88-012-PR /d 9-2101-1830-6 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SHAKOPEE, MINNESOTA In the Matter of the Consideration of the Penalty to be Imposed Upon FINDINGS OF FACT, the Pullman Liquor Club for Violations CONCLUSIONS AND to the Minnesota Liquor Act. RECOMMENDATION PART II The above-entitled matter came on for hearing before Administrative Law Judge Phyllis A. Reha on November 18, 1987 at the Office of Administrative Hearings, 500 Flour Exchange Building, 310 Fourth Avenue South, Minneapolis, Minnesota. The record in this matter closed on December 18, 1987. Julius A. Colter, II, Attorney at Law, 211 West First Avenue, Shakopee, Minnesota 55379, appeared on behalf of the City of Shakopee. J. Patrick Leavitt, Jr. , Attorney at Law, 525 East First Avenue, Shakopee, Minnesota 55379, appeared on behalf of the Pullman Club. This Report is a recommendation, not a final decision. The Shakopee City Council will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations contained herein. Pursuant to Minn. Stat. § 14.61 , the final decision of the Shakopee City Council shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the Shakopee City Council. Parties should contact Julius A. Coller, II, Attorney for the City of Shakopee, 211 West First Avenue, Shakopee, Minnesota 55379, to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE The issue in this proceeding is to determine the appropriate penalty which should be imposed upon the Pullman Club for violations to the provisions of the Minnesota Liquor Act, Minn. Stat. § 340A.410, subd. 5, which prohibits gambling by an establishment licensed to sell alcoholic beverages. Based upon all the proceedings herein, the Administrative Law Judge makes the following: . FINDINGS OF FACT 1 . On October 30, 1987, the Administrative Law Judge issued her Findings of Fact, Conclusions and Recommendation to the Shakopee City Council recommending that the Pullman Club, Inc. (Licensee), be disciplined for violation of Minn. Stat. § 340A.410, subd. 5 which prohibits gambling by an establishment licensed to sell alcoholic beverages. 2. On November 17, 1987, the Shakopee City Council adopted the Recommendation of the Administrative Law Judge and passed a resolution that it would take disciplinary action against the liquor licenses of the Licensee but deferred consideration of the nature and extent of the penalty until after the parties could argue the penalty before the Administrative Law Judge. 3. On November 18, 1987, oral argument was had before the Administrative Law Judge as to the nature and extent of the penalty to be imposed upon the Licensee. 4. The Pullman Club, Inc. operates pursuant to on-sale and off-sale liquor licenses issued by the City of Shakopee. Daniel Colich is President of the Pullman Club and is in active control and management of this establishment. 5. On June 11 , 1987, Daniel Colich pled guilty in District Court to three criminal charges relating to the sale of pull tabs in violation of Charitable Gambling statutes. As a matter of law, he has been convicted of violations to Minn. Stat. §§ 609.76, subd. 1(1), 609.76, subd. 1(4), and 609.755(4). 6. On July 24, 1987, Daniel Colich was sentenced to two years probation and was ordered to pay $2,000.00 restitution to the Shakopee Hockey Association, to pay a fine of $500.00 plus $50.00 surcharge and to bring the pull tab operation at the establishment into conformity with state law. 7. The Shak-o-Valley Youth Hockey Association was granted a gambling license and leased the premises at the Pullman Club for charitable fundraising purposes. As part of that operation, part of the gambling proceeds were illegally set aside by the Licensee to pay for baseball uniforms. The files of the Charitable Gambling Control Board indicates the total amount of shortages in gambling funds at that premises to be $11 ,511 .00. 8. Daniel Colich as President of the Pullman Club did not personally receive any of improperly set aside funds. He has now removed all pull tab operations from his establishment. He has discharged two of his employees involved in the illegal gambling activity. Daniel Colich and the Pullman Club, Inc. have never been previously charged or convicted for violation of Charitable Gambling statutes. The City of Shakopee has not previously suspended or revoked the liquor licenses of the Licensee. 9. As a prerequisite to obtain on-sale and off-sale liquor licenses, the Licensee posted with the City two surety bonds as follows: (a) Off-sale surety bond number 58172498 issued by Western Surety Company. (b) On-sale liquor bond number 58170909 issued by Western Surety Company. 10. The violations to the Charitable Gambling statute related only to the Licensee's on-sale liquor license. 11 . The City of Shakopee will expend approximately $1 ,000.00 as a result of the instant administrative proceeding. -2- Based upon the foregoing Findings of Fact, the Administrative Law Judge /d-( makes the following: CONCLUSIONS 1 . The Shakopee City Council and the Administrative Law Judge have subject matter jurisdiction herein under Minn. Stat. §§ 340A.415 and 14.55 (1986) . 2. The City of Shakopee has complied with all relevant substantive and procedural requirements of statute and rule. 3. That the Licensee by virtue of his convictions,of the provisions of the Minnesota Criminal Code relating to gambling has violated Minn. Stat. § 340A.410, subd. 5 which prohibits gambling in a retail establishment licensed to sell alcoholic beverages. 4. That the Licensee did not explain his guilty plea or offer additional evidence in this administrative hearing. There is no evidence that the Licensee lacked knowledge of the occurrence or exercised particular care in the operation of his business. 5. As a result of the violation of statute noted at Conclusion No. 3 above, the Shakopee City Council is authorized to revoke or suspend for up to 60 days the liquor licenses issued to the Licensee, Pullman Club, Inc. , or to fine the Licensee up to $2,000.00 for each violation, pursuant to Minn. Stat. § 340A.415. 6. In determining an appropriate penalty, the Shakopee City Council is limited to the record gathered in this proceeding by the Administrative Law Judge pursuant to Minn. Stat. §§ 14.60, subd. 2, 14.62, subd. 1 (1986). Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED that the City of Shakopee impose a civil fine on the Licensee in the amount of $1 ,000.00 or in the alternative that the liquor licenses of the Licensee be suspended for 14 calendar days. Dated: January J 1988. PHYLLIS A. REHA Y Administrative Law Judge / -3- NOTICE Pursuant to Minn. Stat. S 14.62, subd. 1 , the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail . Reported: Taped. MEMORANDUM Under §. 340A.415, a liquor licensing authority may either suspend for up to 60 days, or revoke a liquor license or permit, upon a finding that the licensee has failed to comply with the statute, regulation or ordinance relating to alcoholic beverages. Since the Licensee has been convicted as a matter of law of violations of the Charitable Gambling statutes, the Licensee has violated Minn. Stat. § 340A.410, subd. 5 which prohibits gambling in a retail establishment licensed to sell alcoholic beverages. The City of Shakopee argues that the liquor licenses of the Licensee should be suspended for 30 calendar days and that the on-sale bond in the amount of $5,000.00 and the off-sale bond in the amount of $5,000.00 filed with the City of Shakopee be forfeited to the City. The Licensee, on the other hand, argues that such penalty is harsh under the circumstances of the case and is not consistent with disciplinary action taken against other liquor licenses for similar offenses in the State of Minnesota. As a general rule, a licensing authority may impose different penalties for similar violations of the law. Butz v. Glover Livestock Commission Company, 411 U.S. 182, 93 Sup.Ct. 455, 36 L.Ed. 2d 142 (1972) . When a penalty is challenged as arbitrary and unequal, but no evidence of proceedings against other licensees is made a part of the record, and there is nothing to show the nature of the charges made or the kind of evidence which existed with respect to the licensees, similar charges may not result in identical penalties. Colemon v. Harris, 32 Cal.Reptr. 486, 218 C.A. 2d 401 (1963). Likewise, it has been held that the conscious exercise of some selectivity and enforcement is not itself a constitutional violation. Oyler v. Boyles, 366 U.S. 488, 456 (1962) . Thus, in Moskovitz v. City of St. Paul, 218 Minn. 543, 16 N.W.2d 745, 750 (1944), the court held that an action is not discriminatory because a city failed and neglected to revoke other licenses for similar violations. The court went on to hold that official laxity in failure to revoke the licenses of other wrongdoers can furnish no legal basis for an estoppel against the city when officials do become diligent. In Oyler, it was held that a denial of equal protection occurs only if the selected enforcement was deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification. The Licensee has presented no evidence regarding the lesser suspensions that may have been imposed upon other licensees for gambling related activity,' The proceedings against those other licensees were not made a part of the record; the evidence which existed with respect to those licensees is unknown. Absent that information, and absent a showing of improper discrimination, the mere fact that the City is proposing a more severe suspension does not establish a constitutional violation. However, since the City Council will be limited to the record gathered in this proceeding by the Administrative Law Judge, it is necessary that the -4- findings of the City regarding the appropriate sanction be supported by /bl substantial evidence in the record. It cannot be arbitrary. It must be based upon some competent evidence from which Council may determine an appropriate sanction. Sabes v. City of Minneapolis, 120 N.W.2d 871 , 875 (Minn. 1963); Miller v. City of St. Paul, 363 N.W.2d 806, 812 (Minn.Ct.App. 1985) . Here, there is simply no justification for the City to require the Licensee to forfeit both the on-sale and off-sale bonds filed with the City. The illegal activity related only to the on-sale license. Also, the statute relating to license revocation or suspension does not permit the City to impose both a suspension and a civil fine. Forfeiture of the bonds filed with the City is tantamount to the imposition of a civil fine. The statute does not permit a fine to be assessed in excess of $2,000.00. Clearly, forfeiture of even one $5,000.00 bond exceeds the statutory authority contained in Minn. Stat. § 340A.415. Appropriate considerations in determining the penalty include relevant evidence in the proceeding of knowledge or intent. Sabes v. City of Minneapolis, supra at 874-875. Miller v. City of St. Paul, 363 N.W.2d 806 (Minn.Ct.App. 1985). Knowledge or willfulness is also an element to be considered in determining the appropriate sanction, if a viola ion is found to exist. Warsett v. City of Crystal, 246 N.W.2d 182 (Minn. 1976) . In this case, no evidence was submitted relating to the Licensee's knowledge of the occurrence or his intent. The guilty plea is evidence by way of an admission (C or statement against interest but it will not be given conclusive effect. The Licensee may explain the guilty plea or offer additional evidence. Glen Falls Group Insurance Corporation v. Hoium, 200 N.W.2d 189 (Minn. 1972); Kvanli v. Village of Watson, 139 N.W.2d 275, 279 (Minn. 1965). Here, however, there was no testimony or evidence which would rebut the admission or statement against interest of a guilty plea. Nor did the Licensee explain the guilty plea or offer additional evidence. Consequently, it may be presumed that the Licensee had the requisite knowledge and intent to violate the Charitable Gambling laws. Therefore, on the basis of the record, a significant penalty is appropriate. However, the Licensee's illegal activities are mitigated as a result of other factors contained in the hearing record. The Licensee did not personally profit from the illegal gaming activities at the Pullman Club. In addition, this was the first violation of any kind. These factors should be given significant weight in determining the appropriate sanction. It is appropriate for the Administrative Law Judge to recommend a sanction to the City in this license revocat on procee ing, a vio a ion is ou73— when requested to do so by the Minn. 313T. § 14.50 (1986) ; Frier v. Independent School District No. 197, 356 N.W.2d 724, 732, f.n. 1 (Minn.Ct.App. 1984); Schmidt v. Independent School District No. 1 , 349 N.W.2d 563, 569 (Minn.Ct.App. 1984) . Tt is the r omnendatior of the Administrative Law Judge that a 14-day suspension would be the most appropriate penalty for thg Licensee. Such.a suspension would impress upon the Licensee the importance of maintaining and exercising care in the operation of the business and to insure that the business is operated in conformance with appropriate laws relating to licensed establishments. The Administrative Law Judge believes that a suspension is more appropriate than a fine because the Licensee has already paid a significant monetary penalty as a result of his criminal conviction to the gaming statutes. However, the Administrative Law Judge also recognizes that the City of Shakopee has expended a significant amount of the taxpayers' money in the prosecution of this matter. It is estimated that the cost of -5- this administrative proceeding will exceed $1 ,000.00. On that basis, the Administrative Law Judge has recommended an alternative monetary penalty not to exceed $1 ,000.00. However, the language of Minn. Stat. § 340A.415 is quite clear that the City of Shakopee may not both suspend and impose a civil fine. The City must make a choice between the two disciplinary options. P.A.R. -6- Memo To: John Anderson, City Administrator /D� From George Muenchow, Community Recreation Director Subject: O'Dowd Lake Park Master Plan Adoption Date . January 20, 1988 Background O'Dowd Lake is a gorgeous jewel located in the southern extremity of the City Of �Sharcopee. a[uzeaman and sundrya years there has been interest in t p ys, points, islands etc. Throughout the a Ire instituted - as 1979, All of these major thrusts in past a park on these shores. Major efforts toward developingpwere deemed tm ambitious years including irecent andthedecisionwas made to limit the size of this City Park to its current size. Acquisition of the current park area was accomplished partly with federal and state funds. The primary intent at that time was acquire open space before developers had set in. Park development was not a high priority,. because park areas in Shakopee's urban area deserved attention first. Problems During the course of the past 10 years there have been personnel changes in the Minnesota State Department Of Planning, the agency that cleared the federal and state funds used in this park land acquisition. There likewise have been a number of changes in Shakopee City Hall during this time. As a result no one really was pushing the preparation of a Master Plan for this park. The current person serving as a Grants Analyst for the State Of Minnesota has this past week informed the City Of Shakopee that it is deficient in the approving of such a Plan, and furthermore has provided us with a deadline date of January 31 to provide the same. A brief outline of intended development for this City Park is attached to this memo. Action Needed Authorize the approval of the recommended Master Plan for the development of O'Dowd Lake Park. Alternatives a. Approve plan as recommended, and, therefore fulfill the time line requirements of the State Of Minnesota Planning Grants Agency. b. Delay approval of this plan and face possible loss of this park land together with the possible court action instituted against the City. Recommendation Move to authorize the adoption of a Park Master Plan for O'Dowd Lake Park as Presented by staff. I O'DOWD LAKE PARK A SHAKOPEE COMMUNITY PARK Background This gorgeous property located in the northwestern corner of Lake O'Dowd was acquired in small parcels during the years of 1977-1980. The park consists of 15 acres of basically wooded terrain. The proposed active area is centered on a peninsula well situated for picknicking and fishing._.A-ehallow bay mostly separates a planned hilly, passive area that--will include a trail for hikers. In 1986 the U.S. Department Of Interior transferred to the City Of Shakopee the ownership of five small islands that are in close proximity to the park. Since that time, these islands, which total 6.4 acres, have been included as a part of this park. In 1987 a private golf course began development immediately north and adjacent to this park. The developers agreement included the construction of public hiking trails through the course connecting with planned trails in the park. Planned development 1. Road Access on peninsula. .. .. .Constructed in 1986. 2. Parking area for picknickers S fishermen.... ..Constructed in 1986'. 3. Aerators for Lake O'Dowd. . . . . .Facilitated in 1985. 4. Fishing Dock on peninsula. .. . . .Erected in 1986. 5. Picnic Tables.. ... ..To be placed in 1990. 6. Hiking Trail (Peninsula) . .. .. .To be constructed in 1993. 7. Hiking Trail (North Shore). .. .To be constructed in 1991. 8. Hiking Trail (County). .. .. .Acquisition to begin in 1988. 9. Fencing.. . . .... .. . .. . .. .. . .To be erected in 1990. 10. Raised walkway (Peninsula point). . .. ..To be erected in 1992. -e Ili ti ow-ld .4 q , J . m a 1 1• \ I ! � ' !k P. A � Y oq + - _ L�� / 1 tom .. • Community Development Division Tlrade and Economic Developffnent 900 American Center 150 Fast Kellogg Boulevard St. Paul, MN 55101-1421 612/2965005 Fax: 612/2961290 January 12, 1988 Mr. George Muenchow Park and Recreation Director City of Shakopee Shakopee, MN 55379 RE: LW27-00845, LW27-00862, LW27-01021T O'Dowd Lake Park, City of Shakopee, Scott Coonty Dear Mr. Muenchow: I- am writing as a follow-up of our recent conversation regarding the referenced park. As I mentioned, any site acquired with federal and/or state funding for outdoor recreation purposes, is required to be developed within three years of the completed acquisition. In addition, Gretchen Blank who was at the time the Director of the outdoor Recreation Grant Section, wrote Mr. Douglas Wise, City Planner, City of Shakopee, in a letter dated July 10, 1987, stating that 'At a minimum, the City must submit a City Council approved master plan for the development of this park to this office no later than January 31 , 1988 for our approval. Development must begin in the 1988 construction season.' Having not heard anything from the City to the contrary, I assume I will be seeing a plan from the City for the development of O'Dowd Lake Park before the month is out. Failure to comply with federal and state regulations can result in costly and time consuming litigation and jeopardizes the chances of the City receiving future grants. As I stated over the phone, I strongly encourage the City to apply for a FY'89 Outdoor Recreation Grant for the development of O'Dowd Lake Park and would be happy to meet with the City to review any development plans and offer my suggestions for submitting a competitive application. Sincerely,, ws{(- - C tea Wheeler Planning Grants Analyst, Sr. CAW/sm OR.GEN/II14-CP Ao Eq..1 Op ...niry Employe, /Or MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator TR SUBJECT: Payment for Preliminary Engineering for T.H. 169 River Crossing & Mini-Bypass Environmental Assessment DATE: January 22 , 1988 INTRODUCTION: This memo addresses payment for Change Order No . 2 for the subject project. BACKGROUND: Attached is a December 8 , 1987 memo from Ken Ashfeld addressing extra work performed by Barton-Aschman on the subject project with Invoice No . 43127 • On December 8 , 1987 City Council approved Change Order No. 2. REQUESTED ACTION: Move to authorize payment of Change Order No . 2 to the preliminary engineering contract with Barton-Aschman and Associates for the T. H. 169 Environmental Assessment in the amount of $8 ,490 .00 . RR/pmp MEMO TO: John R. Anderson, City Administrator FROM: Ren Ashfeld, City Engineer SUBJECT: Preliminary Engineering for the T.H. 169 River Crossing 6 Mini-Bypass Environmental Assessment DATE: December 8, 1987 INTRODUCTION: This memo addresses proposed Change Order No. 2 for the subject project. BACKGROUND: Attached is an October 17 , 1986 memo from John Anderson addressing Change Order No. 1 to the contract with Barton-Aschman Associates . This Change Order was approved by Council. Also attached is a December 3, 1987 correspondence from Barton-Aschman itemizing work completed that was not in the project scope of their contract. I concur with the extensiveness and degree of work completed relative to the proposed scope of work in their contract. As the project evolved, additional work was necessary to assure that all alternatives and associated amenities were properly addressed. To protect the interests of the City, this extra work became more important since there is a cap on the City contribution to the project and it is expected that Mn/DOT will contract and inspect the actual construction. The proposed amount of Change Order No. 2 is $8,490.00. Alternatives: 1 . Approve Change Order No. 2. 2. Approve a lesser amount that is arbitrary. 3. Do not approve Change Order No. 2. RECOMMENDATION: The project fund can adequately support the proposed Change Order No. 2. REQUESTED ACTION: Move to approve Change Order No. 2 to the preliminary engineering contract with Barton-Aschman Associates for the T.H . 169 Environmental Assessment in the amount of $8,490.00. KA/pmp CROSSING Barton-Aschman Associates, Inc. 16 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 December 3, 1987 nn Mr. Ren Ashfeld 'DECO +1981 City Engineer 12City 9 oftShaakopee First Avenue CITY OF ShAl� OpEE Shakopee, MN 55379 Re: T i 169 Minnesota River/CBD Bypass Preliminary Studies Consultant Contract S.P. 7009-52 Dear• Mr. IAshfeld: With the recent ccupletion and distribution of the project study report, it ap*xpe appropriate at this time for Barton-Asch an Associates, Inc. to begin the process of closing our consulting services contract with the City of Shakopee. As you are well aware, the mini bypass project was very unique and special to the city in tzzmc of engineering, envircrmiental and traffic/safety related issues. Despite our best efforts to control cost, the final expex� excel the original budget. Toe proje t demand- necessitated a level of effort and extra work beyond that anticipated in our original scope Of services. - Zhe following discussion stmnarizes some of those key additional services which led to averages in crosultuig fees. 1. A feasibility analysis was corductei for utilizing the existing TB 169 bridge as a pedestrian use facility in lien of sidewalk provisions on the proposed new bridge. This analysis involved methodologies regarding stsucWre retrofit, cost and cost sharing negotiations. 2. Rigorous study of downtown sidewalk circulation alternatives. 3. Examination of the west end of the bypass for roadway aarss treatment to downtown. 4. Coordination and liaison activities necessary to expedite and insure State Historical Preservatjm Office (SHR7) project determination in a timely manner. IN Barton-Aschman Associates, Inc. MDemher 3, 1987 Page 2 Me overage specifically attributable to these additional services itemized above amxmts to $8,490 as of this date. We xespe tfully request that the city consider this average as a request for additional payment. uespectfu iy Submitted, ASCEM9N ASSOCIATE, INC. T� �/-- Senior Associate /Vice President D$d,JCt4:jkc cc: Mr. John Anderson # Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 Dzcerober 3, 1987 Invoice ,",43]27 City of Shakopee 129 E. First Avenue Shakopea, MN 55379 Attn: Mr. Ren Ashfeld Professional services rendered to date in association with extra work conducted on the TH 169/CED bypass preliminary studies project. Amount Requested $8,490.00 Client Copy Barton-Aschman Associates, Inc. Breakdown of staff time and e p nsee for extra work, invoice n 43127. 1. Feasibility analysis associated with existing TH 169 bridge as pedestrian facility. Staff Time D.B. Warzala Senior Assoc. 31.0 hm at $65 $2,015.00 B.L. Warzala Senior Assoc. 12.0 hrs at $65 780.00 J.H. Unruh Assoc. 24.0 hrs at $50 1,200.00 R.R. Crandall Senior Tech. 6.0 hm at $45 270.00 K.R. Oehrlein Support 2.0 hm at $30 60.00 Subtotal Lab= $4,325.00 2. Sidewalk Alternatives Staff Time D.B. Warzala Senior Assoc. 7.0 hm at $65 $ 455.00 B.L. Warzala Senior Assoc. 11.0 hrs at $65 715.00 R.R. Crandall Senior Tech. 17.5 hrs at $45 787.50 Subtotal Labor $1,957.50 3. Downton Access Staff Time D.B. Warzala Senior Assoc. 5.0 hrs at $65 $ 325.00 H.L. Warzala Senior Assoc. 6.5 hrs at $65 422.50 J.H. Unruh Assoc. 8.5 hrs at $50 425.00 Subtotal Labor 51,172.50 4. Coordination and liaison activities with MnDOT/SHpo. Staff Time B.L. Warzala Senior Assoc. 14.0 hrs at $65 $ 910.00 K.R. Oehrlein Support 2.0 hm at $30 60.00 Subtotal Labor $ 970.00 TOM LABOR $8,425.00 EXPENSES Travel $50.40 Stationary/Supplies $14.60 Total Fernee= $ 65.00 Total Extra Work $8,490.00 cons eiv � /lam TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Clarification of Holiday Pay DATE: January 11, 1988 Introduction Personnel is requesting a modification of the Personnel Policy relating to holidays. Background The change is as shown; Section 15, Subdv. 2. -The-GitY--Hal} City offices shall be closed for business on each such holiday, but employees may be required to work on paid holidays when the nature of their duties or those conditions require. All non-exempt employees Ac, --"- ''-- p ae� required to work on a holiday be compensated in cash"at time and one-half or in co time at time and one-half with the employee making the ch is k 7 times for the number of hours actually worked plus -ether his regular holiday pay hPermanent part-time employees are entitled to paid holidays with pay being pro-rated. There is no affect on the employees because they can take the day off later if they wish by using compensatory time off if that is how they record the time worked on the holiday (in lieu of cash overtime pay) . The advantage of the change is to allow for consistent tracking of holiday pay by the payroll section and guard against over/under payment of holiday pay. Action Requested Offer Resolution No. 2860, a Resolution Amending the City of Shakopee Personnel Policy Adopted by Resolution No. 1571, and move its adoption. _ RESOLUTION N NO. 2860 A RESOLUTION AMENDING THE CITY OF SHAKOPEE PERSONNEL POLICY ADOPTED BY RESOLUTION N0. 1571 WHEREAS, Resolution No. 1571 was adopted by the City to provide reasonable and clear expectations of the conditions of employment for it's employeea; and WHEREAS, it is necessary to amend certain sections of Resolution No. 1571 from time to time to maintain reasonable and clear conditions of employment. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Section 15, Subdivision 2. is amended to read as follows; City offices shall be closed for business on each defined holiday, but employees may be required to work on paid holidays when the nature of their duties or conditions require. All non-exempt employees required to work on' holiday shall be compensated in cash at time and one-half time and one-half for the number of hours actuallyworkedr in comp time at pus hisholiday pay. Permanent part-time employees are entitled to paidl holidays gwulr i th Pay being pro-rated. Adopted in session of the Shakopee City day of Council of Shakopee, Minnesota, held this 1988. Mayor of the City of Shakopee ATTEST: CityClerk - Approved as to form this - day of 1988. CityAttorney . rr � MEMO T0: John K. Anderson, City Administrator � I C FROM: Judith S. Cox, City Clerk RE: Resolutions of Appreciation DATE: January 15, 1988 INTRODUCTION: In keeping with past practice, I have asked the city attorney to prepare a resolution of appreciation for Mr. Leroux and Mr. Reinke who have served on the city council for the past twelve plus years. Copies attached. ACTION REQUESTED: 1. Offer Resolution No. 2863, A Resolution of Appreciation to John Leroux, and move its adoption. 2. Offer Resolution No. 2864, A Resolution in Appreciation to the Honorable Eldon A. Reinke for Outstanding Service for the City of Shakopee, and move its adoption. jc RESOLUTION NO. 2864 A Resolution in Appreciation to the Honorable Eldon A. Reinke for Outstanding Service fortheCity of Shakopee. In the year 1971, Eldon A. Reinke was appointed by the District Court to serve on the Charter Commission and during the period of 1974-76 was a member of the Planning Commission of the City of Shakopee. Elected to the City Council in 1975, he served until 1982 and during this period served part of the time as Vice Mayor. In 1982 he was elected Mayor and served with distinction through the year 1987; and WHEREAS, during his official connection with the City of Shakopee he supported the Downtown Redevelopment and Revitalization Program, effectively challenged the Fiscal Disparities Legislation and assisted in obtaining some modifications thereof to the benefit of the City , supported financial - Aid to St. Francis Regional Medical Center for a Para-Medical Ambulance Service , supported quality Residential Development, spend many hours of lobbying at both Federal and State level for completion of our highway system and has always supported a first-class, quality Fire Department and Police Department, and WHEREAS, during his terms of office he has actively supported the following achievements and accomplishments,namely: construction of the VIP Sewer Interceptor and the completion of Levee Drive - Huber Park Trail, supported the making of a parking lot between the hospital and the Scott County Court House, led the movement to withdraw from Metro Transportation System and established quality Van Pool and Dial-A-Ride system, supported the 3% Hotel/Motel tax and also supported the creation of Tourism and Convention Bureau office in the City and also supported 25 cent admission tax on entertainment and amusement industries within the City of Shakopee allocated for County Road 18 Bridge construction, and has worked actively for several Federal and State grants and has actively been engaged in both public and private acts beyond the call of duty for the benefit of the City and its inhabitants. THEREFORE, BE IT RESOLVED, that the Shakopee City Council on behalf of all of the citizens and residents of the City of Shakopee, hereby publicly express —the deep gratitude and appreciation of all to the Honorable Eldon A. Reinke for his years of meritorious and dedicated service; and BE IT FURTHER RESOLVED, that this Resolution of appreciation be spread upon and become a part of the permanent minutes of the Shakopee City Council and that a signed copy hereof be presented to Eldon A. Reinke as a small token of the City's deep gratitude and appreciation for his years of countless service well done. Passed in session of the Shakopee City Council held this day of , 1988. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 13th. day of January, 1988. City Attorney RESOLUTION NO. 2863 A RESOLUTION OF APPRECIATION TO JOHN LEROUX On January 13, 1976, John Leroux took his oath of office as a member of the Shakopee City Council, has served with distinction for 3 four year terms and has labored arduously for the benefit of the City of Shaiopee and as a part of his sucoort of civic improvement he was a strong advocate of the Downtown Redevelopment Project and backed a challenge to the Fiscal Disparity Legislation and labored assiduously for the improvement and completion of the highway system in and about the City of Shakopee, and WHEREAS,, specifically his talents were devoted in addition to his council duties for 9 years as a member of the Community Recreation Board and for several years as Laison for the Metropolitan Transportation Advisory Barad and has labored effectively on the following: (1) CSAR 18 Citizens Bridge Committee, (2) Capital Equipment Committee, (3) Computer Committee and (4) City Rall Sitting Committee of which he was chair, and finally he has served as Vice Mayor, and WHEREAS, all the countless hours of service were generously rendered, have been of inestimable value to the City of Shakopee and its inhabitants and during all of his years of service John Leroux was a patient listener, sympathetic and understanding council person and a man of principle and action where leadership and guidance will certainly be missed by his associates and by the City of Shakopee as a whole. THEREFORE, BE IT RESOLVED by the Shakopee City Council, that it in behalf of all of the citizens and resident of the City of Shakopee and in its own behalf, publicly expresses the gratitude and appreciation of all to John Leroux for his years of meritorious and dedicated service, and BE IT FURTHER RESOLVED, That this Resolution of Appreciation be spread upon and become a part of the minutes of this Council and that a signed copy hereof be presented to John Leroux as a tangible expression of the City's gratitude. Passed in session of the Shakopee City Council held this day of , 1988. ATTEST: Mayor of the City of Shakopee CITY CLERK Prepared and approved as to form this 13th day of January, 1988. . City Attorne