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HomeMy WebLinkAbout01/17/1989 MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Non-Agenda Informational Items DATE: January 12, 1989 1. Attached is a copy of a letter dated December 5, 1988 Mayor Lebens sent to the Federal Highway Administration Office requesting a Design Hearing. 2. Attached is memorandum from Judy Cox regarding the unsigned Ordinance and Resolution and Mayor Lebens' concern about leaving town without fear of them being signed. 3. Attached is a memorandum from Dave Hutton regarding correspondence from the Minnesota Historical Society to Mn/DOT regarding the historical significance of the existing bridge. 4. Attached is a memorandum from Dave Hutton regarding the Shakopee Bypass (T.H. 101) . 5. Attached is a copy of a letter from Judy -Cox to the Scott County Administrator submitting the name of Fred Corrigan for consideration for appointment to the Prior Lake/Spring Lake Watershed District. 6. Attached is a copy of a letter to Tom Brownell from Dale W. Bohlke, Director of Emergency Services at St. Francis Regional Medical Center congratulating Officer Terry Doyle for his actions in preventing the death of an infant on December 7, 1988. 7. Attached is a copy of a letter to Tom Brownell from Dana Gantriis expressing her appreciation to Sergeant Poole for his help is recovering stolen property. 8. Shakopee Area Catholic Schools has applied for renewal of their raffle license. They meet the requirements of the City Code. 9. Attached is the Building Activity Report for the month of December, 1988. 10. Attached is the Revenue and Expenditure Report as of December 31, 1988. 11. Attached is the Billing Summary for October, November, and - December, 1988 from Krass and Monroe. 12. Attached is the bi-monthly newsletter from Ehlers and Associates, Inc. 13 . Attached are the minutes of the December 14, 1988 meeting of the Downtown Ad Hoc Committee. 14 . Attached are the minutes of the December 14, 1988 meeting of the community Development Commission. 15. Attached are the minutes of the January 3 , 1989 meeting of the Shakopee Coalition. 16. Attached are the minutes of the November 7, 1988, December 5, 1988 and January 5, 1989 meetings of the Shakopee Public Utilities Commission. 17. Attached is a memorandum from Barry Stock regarding notice of potential sale of cable television system. 18. Attached is a copy of Scott County Res. No. 88116 which establishes the County policy regarding the use of tax increment financing. 19. Attached is a letter from the Government Finance Officers Assn. advising us, once again, that our recent annual financial report qualifies for a Certificate ofAchievement for Excellence in Financial Reporting. DRK/jms CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE.SHAKOPEE. MINNESOTA 553791376 (612)4453650 Mayor' s office G •::1f � ' r _l Mr Charles E Foslien, Division Administrator Federal Highway Administration Re: MN No. BRF005-2 Suite 490 Metro Square Bldg REY]UEST' FOR DESIGN H1EARING St Paul, MN 55191 Dear Mr Foslien: At a meeting last August with Mssrs Friesen and Baylor of your office I presented an alternate design plan for the above project. Mr Friesen observed that all too often inferior plans are adopted because of public indifference. He also stated that he had no authority to hold up Federal funding on the basis of design. But he did suvest that I raise my statutory conflict on the parking lot at the final hearing later in December, and if that were not resolved satisfactorily he would indeed withhold funding. Upon inquiring last Friday of Mr Baylor as to the scheduling of said hearing and discussing a few of the discrepancies in the project report, he suggested that I make a formal request to you for a design hearing, and outline my concerns. Let's just look at two for example: the off-street parking references and the Levee Drive situation. - MINNESOTA RIVER CROSSING DOWNTOWN SHAKOPEE APPROACH -by Barton Aschman, Inc. page 65, Sec 5.15.2 Parking Analysis par. 1 , line 3 - . .development of a streetscape for the area is nolo occurring which will increase parking in the study area through creation of diagonal pkg." par. 2, line 2 - "There is presently a surplus of 233 (parking spaces) based on data from the Downtown Revitalization Plan". par. 2, line 6 - "The CBD mini bypass is not anticipated to have a significant impact on parking because only surplus spaces will be taken." It should be noted that the streetscape as constructed actually reduced the number of on-street parking spaces because of the large nodes. Furthermore, on-steet parking could never substitute for off-street parking for all the residential users in the areal for overnight parking is prohibited on the streets because of snow removal activity. The Henrt Of Progress Valley • -*f 2-_ ardin the second statement the _ 2-- Regarding 4 e downtown revitalization plan referred to shows a gain of but 76 spaces, not 233 as represented in the environmental assessment. (see page 21 ) . But the results don't bear that out. As for surplus spaces, let it be understood that the zoning ordinance in force at the time of contruction of those lots required 140 spaces for the than existing businesses serves by the lot in question. There were 52 private off-steet spaces surveyed, which left a need for 88 spaces - exactly the amount in the lot as built. But the present ordinance would require 152 off-street spaces for the same businesses as surveyed in 1967, so it can be said we're already short even with keeping the lot in tact. Construction of the mini bypass as planned, along with new development anticipated as a result, would create a serious crisis in parking which could cost the taxpayers millions. MINNESOTA RIVER CROSSING _— page 45, Sec 5.10 Lands (Alternate 7A) par. 1 , line 3 - "Under alternate 7A, a four-lane bridge would be constructed over the future eastern extension of the trail corridor. Levee Drive would be carried under the bridge tangent to the existing -.. alignment in a manner that would'provide adequate vehicle clearance." The plans as presented for-.my approval recently do neither. The clearance actually provided on the bridge design is about 51,ft - just enough to become a serious nuisance instead of an asset. There are many other discrepancies in the environmental report, along with legitimate concerns of many citizens that have never been properly addressed, so I feel at least one more hearing before the City Council:is warranted to safeguard these interests. Sincerely, Dolores M Lebens, Mayor _ tel 445 1532 445 3188 Dated this fifth day of December, 1988. MEMO TO: Mayor and Council FROM: Judith S. Cox, City Clerk RE: Unsigned Ordinance and Resolution DATE: January 9, 1989 On January 6, 1989 Mayor Lebens asked me to contact Mr. Krass, Assistant City Attorney, to ask if in light of the action taken Thursday, by Judge Menke, she could leave town without fear of the ordinance and resolution being signed. It is the opinion of Mr. Coller and Mr. Krass that the responsibilities of the Acting Mayor are: 1. To act at the request of the Mayor. 2. To act when the Mayor is gone for an extended period of time. 3 . To act in an emergency-death of Mayor. On January 5, 1989, Judge Menke heard arguments from Mayor Lebens and Rod Krass, Assistant City Attorney, regarding the signing of the ordinance and resolution and ordered the matter be set on for hearing. It is the opinion of both Mr. Coller and Mr. Krass that the Mayor may leave town in order to go shopping or visiting and need not fear that the ordinance and resolution will be signed during her absence. JSC/tiv 3 MEMO TO: Dennis Kraft, Acting City Administrator FROM: David Hutton, City Enginee DATE: January 12, 1989 INFORMATIONAL ITEM FOR COUNCIL Attached is correspondence from the Minnesota Historical Society to Mn/DOT regarding the historical significance of the existing bridge. As you may recall, the entire project has been on hold since October, 1987 to allow the Historical Society to review the existing bridge. i As indicated in the letter, the bridge is eligible for inclusion in the National Register and is one of four surviving bridges of its type in the state. Consequently , Mn/DOT has informed staff that there will be no alterations of this bridge as part of the project. Originally, it was proposed to be used as a pedestrian walkway by removing the old decking and constructing a smaller pedestrian bridge. Mn/DOT has indicated that it could still be utilized as a pedestrian bridge by leaving it in place. Once the new bridge and minibypass are completed, Mn/DOT will probably go through the lengthy documentation process necessary for removing historic bridges and then the decking could be removed. � 3 _ MINNESOTA HISTORICAL SOCIETY FOUNDED1� 1849 Fm Sm41a,1 . a Paul %1.%ii11 • 151'17261171 December 28, 1988 2 ✓ANc��'D 3 Mr. Clem Kachelmyer c,PrelI1 1g89� ineer 612H1minary rTransporttaat on ign Build ng R G�°j� 4 St. Paul, Minnesota 55155 0 i S Dear Mr. Kacrelmyer: Re: Proposed MnDC)T S.P. 7009-52, T.H. 169 Replacement of Bridge 4175 over the Minnesota River and Central Business Business District Mini-Bypass in Shakopee, SoOtt County [RIS Referral File Number: AA-211 Thank you for providing the additional information about the above-referenced project in the memo of October 1988 prepared by Minnesota Trunk Highway Archaeological Reconnaissance Survey staff member William Yourd. It has been reviewed pursuant to responsibilities given the State Historic Preservation Office by the National Historic Preservation Act of 1966 according to 36 CFR Part 800: Protection of Historic Properties, the regulations of the Advisory Council on Historic Preservation governing the Section 106 review process. It is our opinion that the procedures employed to identify historical properties were sufficient to final any significant properties that may be affected by the project. Based on the results of the survey and inventory work completed for this project to date, we reach the following conclusions: On Blocks 2 - 6, parts of which will be affected by the project, two properties are of interest and may be eligible for listing on the National Register of Historic Places. They are located at 125 First Avenue Fast and 213 1/2 First Avenue Fast. Bath retain early facades oriented tcmard the river and recall the early history of the city. Because both are outside the construction limits, and because their early historic setting has been greatly altered by more recent development, it is our opinion that the proposed construction will have no effect on these properties. The limestone piers in the river left from the 1880 Lewis Street Bridge do riot neet the criteria for listing on the National Register. The bridge's significance resided principally in its engineering characteristics, long gone with the bridge's removal in the early j decades of this century. The piers themselves do not possess arty unusual significance as engineering achievements. Bridge 4175 meets the criteria for eligibility contained in the multiple properties documentation form for Historic Iron and Steel Bridges in Minnesota, 1873-1945. It is one of four surviving examples of its type in the state. December 28, 1988 Mr. Clan Kachelmyer MHS Referral File #AA-211 Page two Based on available information it is difficult to assess the eligibility of the Shakopee Flouring Mill for listing on the National Register of Historic Places. For purposes of this review we conclude that the mill ruins are not eligible for listing on the National Register, leaving the possibility open that additional information on the mill ruin integrity could change our evaluation. The ruins are deeply buried, and apparently will not be disturbed by the proposed work. The only unresolved issue at this point is the disposition of Bridge No. 4175. Otherwise the project as currently planned will have no effect on properties listed on or eligible for listing on the National Register of Historic Places Thank you for your careful attention to the identification of historic and archaeological properties that may be affected by the proposed work. we also appreciate the large forimt black-and-white negatives and prints of the Shakopee Pet Hospital. ! If you have questions regarding this matter, please contact Ted Lofstrom at the address and telephone number on the letterhead. Sincerely, Dennis A. Gimrestad Deputy State Historic Preservation officer DPG:dfib cc: Les Peterson, Minnesota Trunk Highway Archaeological Reconnaissance Survey Fort Snelling History Center, St. Paul, MN 55111 Carl Hoffstedt, Minnesota Department of Transportation 2055 North Lilac Drive, Golden Valley, MN 55422 MEMO TO: Dennis Kraft, Acting City Administrator FROM: David Hutton, City Engineer SUBJECT: Shakopee Bypass (T.H. 101 ) DATE: January 9 , 1989 INFORMATIONAL ITEM: Mn/DOT has had the T.H. 101 Shakopee Bypass scheduled in their construction program for some time now, but the project is currently programmed for paving two lanes initially with the additional two lanes being paved several years later. District 5 of Mn/DOT has been attempting to get the additional two lanes of pavement programmed into the project through their central office for several months now. Staff has just received word from District 5 that the central office has rejected their request to program the additional two lanes of pavement for the project. Consequently, this project will be initially constructed as a two lane bypass. District 5 has indicated that they will continue to request and promote the additional two lanes of pavement and depending on the amount of funding available every year from the legislature, the two additional lanes may still get added before the project is under construction. Staff wanted to update Council on this development. DH/pmp LANES CITY OF SHAKOPEE • INCORPORATED 1870 129 EAST FIRST AVENUE,SHAKOPEE,MINNESOTA 563M1376 (612)445-38,50 , January 6, 1989 Mr. Joe Ries Scott County Administrator 428 South Holmes Shakopee, MN 55379 Dear Mr. Ries: I am writing in response to the letter from Jane F. Hansen dated December 6, 1988 regarding the Board of Commissioners upcoming appointment of two Managers to the Prior Lake/Spring Lake Watershed District. At their regular meeting on January 3, 1989, Council directed staff to contact residents within the watershed district and submit for consideration the names of interested residents. I have been in contact with Mr. Fred Corrigan, 8075 East Martindale Drive, Prior Lake, MN 55372, and he is interested in the appointment. Mr. Corrigan's name was also submitted two years ago. Please advise the Board of Commissioners that the City of Shakopee submits the name of Fred Corrigan for consideration for appointment to the Prior Lake/Spring Lake Watershed District. Sincerely, n Judith S. Cox City Clerk JSC/jms cc: Richard Mertz, Commissioner of 3rd District Shakopee City Council The Heart Of Progress Valley AN EQUAL OPPONNN,IY EMPLOYER [o SOP THE 4y0 2 m 6J C ST. FRANCIS (612)445-2322 REGIONAL MEDICAL CENTER 325 West Fifth Avenue, Shakopee, Minnesota 55379 January 4, 1989 Tom Brownell, Chief of Police Shakopee Police Department 476 Gorman Street Shakopee, MN 55379 RE: Officer Terry Doyle Dear Chief Brownell: I would like to pass on somewhat belated information applauding Officer Terry Doyle in his successful management of a young infant by the name of Nicholas Schmieg on the evening of 12/7/88. This infant was in respiratory arrest and near death until Officer Doyle arrived and saved the baby' s life. Because of Officer Doyle's rapid response and the actions taken by him, this infant's death was prevented. With such knowledgeable and calm first responders, our care in the Emergency Department is made much easier and the citizens of Shakopee will continue to receive the best possible emergency care available. Sincerely, le W. Boh ke,4M D —�/ Director, Emergency Services /nb/6 AFFIRMATIVE ACTION EMPLOYER A membe,of the senedictine Health system January 3, 1989 Tom Brownell, Chief of Police Shakopee Police Department Shakopee Mn, 55379 Dear Chief Brownell I am writing this letter to express my appreciation for the fine job Sgt . Poole did in helping to recover a carburetor stolen from my snowmobile. On January 2 I had occasion to call the Shakopee Police Department regarding this theft. Before the day was over the part was recovered and an agreement was reached with the individual to repair the machine. Thanks again to Sgt . Poole for a job well done. �Si/nuc/c rye ly , Dana Gantriis CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED December, 1988 Yr. to Date Previous Year Number Number Valuation Number Valuation No. Ytd. Single Fam-Sewered 3 79 5,562,737 2 43 3,525,600 Single Fam-Septic 1 14 1,450,000 3 18 2,224,000 Multiple Dwellings - 3 276,800 - 8 4,570,500 (# Units) (YTD Units) (-) (7) - (-) (129) - Dwelling Additions 4 53 278,813 - 61 320, 117 Other - 7 225,995 - 16 354,300 Comm New Bldgs - 4 612,200 - 5 1, 125,000 Bldg. Addns - 8 643,000 - 5 339,000 Industrial-Sewered - 1 915,000 1 2 775,000 Ind-Sewered Addns - 1 575,000 - - - Industrial-Septic - - - - - - Ind-Septic Addns - - - - 2 167,475 Accessory/Garages 1 33 242,036 1 34 215,217 Signs & Fences 4 67 130,510 2 62 103,320 Fireplaces/Wood Stove 1 11 28,802 - 7 18,100 Grading/Foundation - 6 223,700 - 8 61,500 Remodeling (Res) 2 28 115,780 2 35 212,305 Remodeling (Inst) - - - - - - Remodeling (Comm/Ind) 7 32 489,220 4 39 522,056 TOTAL TAXABLE 23 347 11,769,593 15 345 14,533,490 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 23 347 11,769,593 15 345 14,533,490 No. Ytd. No. Ytd. Variances - 10 - 18 Conditional Use 1 23 2 17 Rezoning - 3 - 1 Moving 1 4 - 3 Electric 30 300 19 254 Plbg & Htg 27 302 18 284 Razing Permits Residential - 3 - - Commercial - - - - i Total dwelling units in City after completion of all construction permitted to date. . . . . . .4,285 Cora Hullander Bldg. Dept. Sec. CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN DECEMBER, 1988 8047 Joseph Miller Const. 2800 Jade Circle House $139,000 8048 Earl Weikle Const. X287 Marschall Rd. Alt. $ 21,000 8049 Bob Imker 1830 Marschall Rd. Addn. $ 6,000 8050 Robyn Lee 1097 Van Buren Addn. $ 400 8051 Robert Suel 112 E. 6th Addn. $ 24,000 8052 Void 8053 Novak-Fleck 1109 Minnesota House $ 60,350 8054 Homeplace Bldrs. 1136 Jackson St. Fireplace $ 1,200 8055 Alan Theis 1051 Eastview Cir. Alt. $ 750 8056 Larry Link 1226 E. 4th Ave. Alt. $ 10,000 8057 Ed Jeurissen 3751 Co. Rd. 79 House $ 40,000 -1i iii to 8058 Philip Hvidsten 110 E. 1st Ave. Alt. $ 14,000 8059 J.B. Swedenborg One Valleyfair Dr. Alt. $ 86,000 8060 Gardner Brothers y1897 H/erit ge Dr. � K'House $ 62,096 8061 LeRoy Houser 32021 Marschal d. Alt. $ 2,000 8062 Signs of Quality 206 Scott St. Sign $ 550 8063 Signart Co. 327 Marschll Rd. Sign $ 1,980 8064 Attracta Sign 612 E. 1st Ave. Sign $ 3,500 8065 Eagle Creek Plaza 489 Marschall Rd. Alt. $ 5,000 8066 Ed Jeurissen 3751 Co. Rd. 79 Stg. Bldg.$ 7,800 8067 Art Gesswein 133 W. 1st Ave. Sign $ 480 8068 Douglas Snell 906 E. 4th Ave. Alt. $ 1,000 8069 Jasper Homes 1257 Marschall Rd. Alt. $ 10,000 8070 Void 8071 Bruce Novak 338 E. 1st Ave. Alt. $ 1,000 'r. � e -.•lfcxd:a:s:iE �i n i ccpq'ee :s S 'cr'•-^ - ete e 2 E e s 3n ° c ai ['.: . . B cegi3be S _ . ssRRd.�EA R"}GAE RFi i R i ..•... . nF . �rorvmmrvN ___esu u_w r - m .ice o m . co b w is am m'm s r N Aii N m m `" im mm A mm m N mm s -Nunes - -mro4-w - m - ro a- J M M J o o e oe u aeee.N rgOeJN�eJ w.Nml n ee....Y.be Z C ry JN4Vu N _ - - N ry N -MN>NYOOgbwY eNOb-u eAJJwY ONe-w4roP NVNeNeeeeeaaou 0 o n o 0 o e oe a 000eeeeeeeaeeebbe000e o eeeeeeeeee =K P - � A4YYwUwYNro moN�uwN aryNOlMee A I Ll JVmJww-le- Am_N-IeJroJJa - NYeONJmieas O-NIPmN n a a a a e o N oN m mobanNrvwN--nuJA J-JlooYw m ue-NeMu>Ja Cm T -A- Y'A$CieNw.NiiYwau:m n n o n ry ry ...Nau.Jubu -4w ;........ N Y za i .,z �z Sz 11 KHASS & MONHWE CfiAHI,-IitU 327 SOutn Plar,cna, 1 Roan Shakauee, MN City U4 Shakopee HILLING UAiE 10-.51--8xi 129 E_ ist Ave. tihakupee, PIN SS:/9 C L 1 t N I _i U M M A H Y Account Number RE. Line(s) Previous New Payment Current Balance Billinqs Received Balance 18-11373002-1 General $107.44 $757.00 $IU7.44 S7S7.00 18-11373i58-1 c/o James Lochart at Pophim Hack Law #irm Racetrack bond issue (Bill applicant) James Lochart $405.20 $85.00 8405.20 $85.00 18-11373210-1 Storm Drainage Easements_ Bill 'rro_iect. `b 22.27 8514 .00 $722.27 $$114.00 lb-ii373212-1 Vieriing Danqerous house $128.00 $O.UU $128.00 50.00 iu,, i375236-1 Westwood Hlanrung Cuntract $34.00 $0.00 $54.00 $0.00 18-11375217-1 Vierlinq Drive West Condemnation $0.00 $30.00 $0.00 530.00 18-11373219-1 V. Don & Lorraine Parrott $22i .00 $0.00 $221 .00 10.00 Pr•rr. 2 l-ll.y Ut unaKUOee NOJ1 BILLING With I0-.;i b1i 1<9 t_ tsi Hve. 1 ' 1=.r1� Sh,tkt.tp¢4•, MN b_i3%9 i. I.. i F. Iv 1 Gi it M Pi H it i C.;Tr (jc, uun t 7vumur_-r Re. L t nr l s 1 Pr evtous Ne. Payment Current Dai ante Bit 11"(41- Received Balance 19-i3137311-1 Prosecutions 44 ,517..00 $4,991 .00 $4,542.00 1,64 ,991 .00 18-13731778-1 Shakopee L.UltlUer Co. Appeal $17.50 CR so.()U 80.00 877.50 CR 18-13732100)-1 Scherber Storm Drainaqe Easements 8111 Project $0.00 $78.6U •D0.00 $78.60 18-13732108-1 Upper Valley Drainage Project Scott $12.20 CR 8111 .00 s0.00 $98-80 18-13732100--1 Out let Permit Problem $391 .00 $.192.44 $391 .00 8392.44 18-1373310D-1 Upper- Valley Drainage Project Biuu.jnq 60.00 $466. 78 $0.00 $466.78 18-51373201-1 Minnesota Valley Restoration Pr of ec i $tiSU.UV $82.44 $55U.VU 402.44 18-51373213-1 General Matters 80.00 $68.00 $0.00 1-68_00 ----------------_.-------------------------------------------- iUfHL $6,981 .21 $7.576.26 $7,0/0.91 87,486.:;6 KRASS & iMUNROE CHARTERED 327 South Marschall Road Shakopee, MN 55379 - r I988 Cil`l Q rAKOPEE City of Shakopee BILLING DATE 11-30-99 129 E. 1st Ave. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line(s) Previous New Payment Current Balance Billings Received Balance 18-11373002-1 General $757.00 $1 , 156.00 $0.00 $1 ,913.00 18-11373117-1 Prior Lake Spring Lk Watershed Dist $0.00 $195. 12 $0.00 $195. 12 18-11373158-1 c/o James lochart at Popham Haik Law firm Racetrack bond issue (Bill applicant) James Lochart $85.00 $0.00 $E5.00 $0.00 i8-11373200-1 Eminent Domain (Perry - BILL PROJECT) $0.00 $26.00 $0.00 $26.00 18-11373210-1 Storm Drainage Easements. Bill Project. $514.00 $156.00 $0.00 $670.00 16-11373217-1 Vierling Drive West Condemnation $30.00 $0.00 $0.00 $30.00 PLEASE INCLUDE ACCOUNT NUMBER FOR. FROPER CFED -, PAYMENTS RECEivED AFTER DiGVE`bER 3V.H CREDIT=_ IHE F...�_C(vi F<C- :`1C:VTH YNOE City of Shakopee BILLING DATE 11-30-88 129 E. 1st Ave. Shakopee, MN 55379 C L I E N T S U M M A R Y Account Number RE Line( s) Previous New Payment Current Balance Billings Received Balance -------- -------- -------- ------- 18-11373220-1 By Pass Ordinance (445-3650) $0.00 $524.00 $0.00 $524-.00 19-13137311-1 Prosecutions $4,991 .00 $3, 196.00 $0.00 $8, 187.00 16-13731778-1 Shakopee Lumber Co. Appeal $77.50 CR $0.00 $0.00 677.50 CR 18-137321OA-1 Scherber Storm Drainage Easements Bill Project i $78.60 $755.00 $0.00 $833.60 18-137321OB-1 Upper Valley Drainage Project Scott $96.80 $0.00 $0.00 $98.80 18-137321OC-1 Outlet Fermat Problem $392.44 $451 .00 $0.00 $243.4= 16-1373210D-1 Upper Valley Drainage Project - Bidding $466.78 $0.00 $0.00 $466. 76 18-51373201-1 Minnesota Valley Restoration Project s62.44 $0.00 $0.00 $62.44 iB-51373213-1 General Matters $68.00 $0.00 so.Ov s68.00 ---------------------------------------------------------- TOTAL $7,4^06.56 $6,459. 12 $65.00 $13,660.66 F:F.S_3 s MOPriDE CHf ATERED 327 South Marschall Road SnakoFee, MN 55379 City of Shakopee - BILLING DATE 12-31-58 129 E. 1st Ave. Shakopee, MN 55-375 C L I E N T S U M M A R Y Account Number RE Line(s) Previous New Payment Current Balance Billings Received Balance 18-11373002-1 General $1 ,913.00 $154.00 $1 ,913.00 $154.00 18-11373117-1 Prior Lake Spring Lk Watershed Dist $195. 12 - $209.00 $195. 12 $209.00 18-11373158-1 c/o James lochart at Popham Haik Law firm Racetrack bond issue (Bill applicant) James Lochart $0.00 $0.00 $85.00 $85.00 CR 18-11773200-1 Eminent Domain- (Perry - BILL PROJECT) $26.00 $13.110 52b.0J $0.00 18-11373210-1 Storm Drainage Easements. Bili Project. $670.00 $65.00 $670.00 $65.00 18-11373217-1 Vierling Drive West Condemnation $30.00 $0.00 $30.00 $0.00 PLEASE INCLUDE ACCOUNT NUMBER FOR PROPER CREDIT REi:ElbEC APER LECENEER 31TH. C^EDIIE!i THE �(:T- dhakoGee, isPi ::...�. C L 1 E M T `. _i M 1-1 . f Acco-_:nt N.�,roar RE Linr. , s> Balance Boling" Received Baa lance l a'-1 )373_2.:20., Pa Ordinance ( 445-3650) . - ss 4.00 $556.00 $5?4.00 s5,76.00 14-133137311-1 -Prosecutions .' $8, 187.00 $3,400.00 $8, 187.00 $3,400.00 18-1"731778-1 Shakopee Lumber Co. Appeal $77.50 Ca s0.00 -17.50 'FO.00 16-1"73210A-1 Scherber Storm Drainage Easements Bill Project $833.60 - S0.00 $833.60 $0.00 18-13732108-1 Upper .Valley, Drainage Project Scott . _ .. $59.80 $O.CO s>B,BG. $V.GC. 18-1 73?i .ic-1 Outlet P�r..it Problem 18 i3. . . S466.7e $0.00 $466.78 $0 Av 18-513732,01-1 Minnesota Valley Restoration Project $32.45 $V.00 582.44 50.00 18-51373213-1 General Matters $38.00 sO.00 s68.00 $0.00 - -----------------------------------_________________ Til)A.- i1.',., -(.0.68 :4,5. .. s1;,415.09 b4 . 4::9.4: l� Ehlers and Associates,Inc. LEADERS IN PUBLIC FINANCE NEWSLTTER 1 1%.10 OFFICES IN MINNEAPOLIS AND WAUKESHA • 507 Marquette Avenue • Minnea Delis, MN 55402-1255 - 612339-8291 VOLUME 34, NUMBER 1 FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members JANUARY, 1989 The management and staff of Ehlers and Associates wish you all another happy and successful solar orbit. We congratulate those who continue to serve the public and those newly entering public service. Have a good one! MUNICIPALITIES MAKE PROGRESS This starts our thirty-fifth year building better communities through finance, and the changes are remarkable. Tax-exempt interest rates in the early 1950s were around 2.5%, while home mortgages (taxable) were about 5%. The total tax-exempt bond market was about $6 or $7 billion per year. A million dollar issue was considered a "King Size" issue. Hundreds of towns had no sewer systems, or had collection systems without treatment. Dirt streets and rudimentary water systems were common. The Midwest had an inordinate number of Baa and Be bond ratings. Some Communities didn't dare ask for a bond rating, but after tens of millions of dollars of financings, now have complete sewerage, water, storm sewer systems, streets, city halls, hospitals and A, A-1, and Aa bond ratings. There are also those who say it couldn't be done, but if progress sometimes seems slow, we need only to look back and see the accomplishments. Local government works -- and we are proud to have been instrumental. ARE TAX- EXEMPT BONDS SAFE? The shape of change can be seen. While the Supreme Court changed the Constitution allowing federal taxation of interest on state and municipal borrowings, we don't see Congress launching a full attack on local governments. Rather we see tax exemption offered only to those financings that go to the heart of state sovereignty - up blit infrastructure and operating capital. One hopes that Congress will clean up the mire it created so that investors will know simply, whether interest on their bonds is tax-exempt. With a smaller supply and a cleaner market, long term tax-exempt interest rates might well drop below 6%. The efficiency of tax-exempt financing will have been restored. FUTURE CREDIT MARKET CRISIS? Many are worried about the rising sea of corporate leveraged buy outs and federal debt. Credit is a finite resource which, if we allow, won't be available for the real business of America. Historically overextension of credit has resulted in inflation, high interest rates and, sometimes, massive failures. In some crises the government has had to ration credit. 7% veg& Robert L. Ehlers IS MUNICIPAL BOND INSURANCE WORTHWHILE? Is bond insurance worthwhile? You bet - sometimes. Getting issues qualified(whereby the successful bidder on the bonds decides if the insurance is to be purchased and pays the premium) greatly enhances their marketability and usually results in lower interest costs. The bidder on the bonds decides on the sale date if the insurance is purchased. If purchased, the bidder pays the premium. In other cases it makes economic sense for the issuer to simply pay the premium and offer insured bonds. For some issuers insurance makes little economic sense. What's best for your issue? The answer will depend on such factors as current financial market conditions, the terms and type of bonds, the issuer and the modeling of the various financing options. C/Carolyn Druddee FmHA LOANS: DISCOUNT PURCHASE PROGRAM The Farmers Home Administration (FmHA) is required to discount existing loans to eligible communities commencing January, 1989. We think that the program will be similar to the 1988 program which included the following features: I) Depending on the interest rate and maturity, the discounted community loan prices can be 50% or less than the amount of the loan outstanding. 2) Tax-exempt refinancing is permitted. 3) A community may discount one or all of its loans. 4) Communities who declined the past program can still participate. Each community with an F mHA loan should determine whether to refinance. At no obligation, Ehlers and Associates will perform a detailed analysis and, once the guidelines are official, we will update the analysis and report back. Allow enough time to plan and discuss this complex undertaking. Those who participated previously benefitted greatly. _ Steve Emerson PERSONAL NOTE OF THANKS I want to extend a sincere "thank-you" to all the clients, friends, and business associates in Iowa and Minnesota for the flowers, phone calls, and written notes of sympathy 1 received following the recent death of my husband, Charles Vanda. The expressions of sympathy and concern are deeply appreciated. Jeanne Frederick We look forward to seeing you at: NAHRO MID-WINTER CONFERENCE -- January 18-20. MINNESOTA SCHOOL BOARDS CONVENTION - January 20-21. ASSOCIATION OF MINNESOTA COUNTIES - January 22-24. MINNESOTA ASSOCIATION OF COUNTY OFFICERS - February 14-17. MASBO WINTER WORKSHOP AND MEETING - February 16-17. Reprinted from Credit Markets THE FIXED-INCOME SECURITIES WEEKLY Monday.May 23, 1988 FORUM Essav Clearer Tax Laws, Supply Constraints Needed to Reduce Tax-Exempt Rates By Robert L. Ehlers Interest rales, especially tax- Clearly, for one taxed at top would be restored.How might we exempt rates, continue a[ a his- state and federal rates, tax-ex- do that?in two ways:Clarify the tonically high level for reasons empt bonds should be the In. tax laws and reduce the supply even economists cannot fathom. vestment of choice. So why are of tax-exempts. Most attribute the high rates to they so cheap? Why don't tax- inflation or fear of Inflation — exempts drop to a 5% yield to Clarifying the Tax Laws after all, "only" 4% Is a 4% an- compare with net taxable yields? nual loss of value. There are two main reasons:Un- The tax laws could be im- Then there are taxes. Put the certainty about tax exemption proved in four ways to remove two together.and even 8V.%tax. and an oversupply of bonds. major uncertainties: able Interest Is unrewarding. p large part of the reason be- •State clearly that bonds issued First, assume interest.income hind high tax-exempt rates is from for things public po everything is taxed prospectively at 33%by thaI=Congressthe Treasury,and °°I�to r bort` `uhgohu[ the federal government and at their staffs have an contused thefully P 9% by a state. In this case Min- market that many participants regard ar°, Itwhether financing I facility newts. This results In a corn- da not know what bonds are tax- anteed b nvate indust If blued tax of 42%. exempt or when they might be- the facility Is to be owned b a come taxable. They are unsure n[. Its financing ought The tax: reduces the effective whether a given bond is subject governme return on a bond yielding 8V2%to to the alternative minimum tax, to be tax-exempt. about 5% — the formula Is whether banks may deduct their s Drop the 810 million per issuer 0.085 x 0.58 = 4.93%. The In- carrying costs. or whether some per year limit on bank-eligible vestment return Is further erod- future action or failure to act on tax-exempt bonds. ed by 4% inflation. making the the part of the Issuer might make ,Do not threaten the Investor the net reward less than 1%.One a bond taxable. with future tax penalties be- wonderswhylnvestorsaresails- cause an Issuer violates arbi- fled with a gross yield of only This may have been the design trage rebate provisions. 8%% on long-term U.S. govern- of the tax law. and. If W. it has s pass legislation prohibitingret- ment bonds. succeeded In wrecking the tax- roactiveg taxation of municipal The fact that Japan does not exempt market. Now. some bonds. tax Interest on savings explains Treasury officials say tax-ex- These corrections would large. why that country buys about empt borrowing is anineffi- 1 restore confidence In the[ax- one-fourth of all U.S.debt issues tient" subsidy, the Implication exem t bond market and dra- - with their comparatively lib- being that no Interest rates maticall reduce state and local eral yields should be exempt from federal y taxation. borrowing costs. What else may Still, municipal bonds have be done? been neglected, even though bo- It surely 1s Inefficient now,but Reducing the Supply nanza tax-exempt interest rates only because a series of tax acts. are In excess of 90% of taxable including the Tax Reform Act of This might appear strange, in rates. Twenty-year tax-exempts 1986, have robbed the states view of the statement above yield almost 8%, but the only re- and their subdivisions of almost about the federal tax laws,but it duction In return comes through all of the advantages.If we could Is necessary that those laws fur- 4% Inflation. leaving a 4% tax- get tax-exempt yields down to ther reduce the supply of tax-ex- free yield. four times the net about half the gross rates on tax- empt bonds. yield on taxables. able bonds, great efficiencies The oversupply Is just as re- sponsible as the tax laws for mutual funds, to lower-tax rate The two causes of high Inter- high tax-exempt Interest rates. Investors at yields high enough est rates are not cumulative. And new Ideas on how to expand to compete with other In. Thus, oversupply alone causes the Issuance of tax-exempts — vestments. high interest rates, and uncer- such as ways to Issue tax-ex- Some might suppose that If tainty alone causes high Interest empt federal bonds that allow re ane remedy or the other is adopt- rates. Corcttngonlyoneprob- private accumulation of funds ed, at least part of the reduced lem would still leave a compel- far college lIs exac- tax-exempt Interest rates might ling cause for high rates and erbatlng thea problem. robproblee m.. be achieved.Could we reduce the would not bring about a signifi- A serious result of "creative" supply and get most of the re- cant Improvement. tax-exempt financings Is that duced Interest rate?Or might we the demand for tax-exempt in- correct the tax law in remove In- Mr. Ehlers is/ounder and president vestments Just could not keep up vectors' uncertainties and real- emeritus of Ehlers and Associates with the supply. and many tax- Ize some of the projected Inc, financial advisers hared in exempts had to be sold, through savings? A intimpolis- SUMMARY OF AREA BOND SALES Bond Met Buyer Mount Matumt Rate Imex Rating Municipal itV Gate Type of Bonds _-Y IOMa Coludms Junction 10/11/88 G.O. Balls f 80011 1989-2003 1.04 1.53% M 7. 10/17/88 Sever Revenue Bonds 600, 1989-2003 7.001 1.52% M Nest union 10/24/88 G.O. Corporate Purpose Bonds 44CH 1990-2001 6.93% 1.45% M Fairfield 10/24/88 G.O. Llprovement Bonds 1,440, 1990-1999 6.63% 7.45% Al Denison 11/01/88 G.O. Airport laprovement Bonds IDM 1989-19% 1.15% 7.36% A Denison 11/01/88 G.O. Corporate Bonds 1,01511 1989-2M4 6.8n 1.36% A Johnston 11/14/88 G.O. Llprovenent Bonds 1,35M 1990-2008 1.22% 7.44% A Clarinda 11/15/88 Seger Revenue Bonds BOM 1989-2004 1.29% 7.441 M Clarinda 11/15/88 G.O. Lgrovement Bonds I,000M 1989-2003 7.00% 1.441 M Sioux City 11/21/88 G.O. Llprovment Bonds 2,200M 1991-2001 6.15% 7.501 Re ,incesota Brainard 10/03/88 G.O. IWM- ent Bonds 315M 1991-2000 6.85} 7.64 A Edina 10/03/88 G.O. Recreational Facility Bonds 2,410M 1992-2009 7.26% 1.641 Aal/M Edina 10/03/88 G.O. Utility Revenue Bunds 3,160, 1990-1999 6.68% 7.641 MI/M Edina 10/03/88 G.O. Taxable Tax Increlent Bands 5,I00M 1995-2009 9.60} 1.641 041/, Edina 10/03/88 G.O. Tax Increment Bonds 10,115, 19954009 7.26% 7.641 Aal/M Lim Lakes 10/03/88 G.O. Lgroverent Bonds 2,09011 1990-1997 6.841 1.62% Baal Lim Lakes 10/03/88 G.O. Teiporary, Bonds 6104 1991 6.43% 7.62% Baal St. Paul Park 10/03/88 G.O. Im.,nent Bonds 680" 1989-2000 6.891 7.641 Baal Karlstad 10/04/88 G.O. Teeporary Llprove ent Bonds 660M 1989 6.311 7.45% M East Grand Forks 10/04/88 G.O. Llprovement Bonds 125, 1990-2004 7.331 7.64 Baal Hennepin County 10/05/88 G.O. Liprovenent Bonds 20,50DM 1989-2003 6.801 1.64 Aaa/AM Bass Brook 10/11/88 G.O. Sewer Revenue Refunding Bonds 1,530M 1990-2000 7.01} 1.53% Baa N1 toilet County 10/11/88 G.O. Drainage Bonds 195, 1989-1998 6.44%60% 1.53% A Stewartville 10/11/88 G.O. Grant Mtid pati. Certs. 1,11M 1991 6.dK 1.531 M Lester Prairie 10/11/88 G.O. Llprovenent Bads 45M 1989-1998 6.88} 7.53% M I.S.D. 8716 10/17/88 G.O. Aid Antic)patim Certificates 610H 1989 6.20% 7.52% M (Belle Plaine) Forest Lake 10/17/88 G.O. La,mvenent Bonds 3104 1991-2000 6.95} 1.52% Baal .hint Parrs Dist. 46011 10/11/86 G.O. School Building Bonds 3,9251 1990-2009 1.42% 7.52% Baa (State of Minnesota) Burnsville 10/17/88 G.O. bprovement Bonds 4,65M 1990-2004 6. 1.52% A Al Nilkin County 10/19/88 G.O. Capital In mvenent Bonds 45011 1990-1999 6.IM 11 7.521 Bo Wilkin County10/19/88 G.O. Natershed Llprovement Bons 25M 1990-2004 1.01%55% 1.52%% M Minn. Higher Ed. Fac. 10/19/88 Mortgage Revenue Bonds 4,250M 1998 1.5.0. 9332 (Mora) 10/24/88 G.O. School Building Bonds 390M 1993-1988 6.681, 1.45% A Park 10/25/88 G.O. Tax Increnent Binds 4,50011 1991-2008 1.26% 1.45% Baa Nate Witsin 10/25/88 G.O. imr venent Bonds I,SIM 1990-2004 6.941 7.45% Real ChanpScott County 10/25/88 G.O. LWrpverent Bads 8,50M 1989-2010 7.19% 7.45% Aea/PPA Anoka County 10/25/83 G.O. Bridge Bonds 6,30011 1990-2009 1.16% .45%% Al 7 Minneapolis Sp. S/D a 10/25/88 G.O. School Building Binds 5,ISM 1991-2000 6.101 1.45% Al Brans Valley 10/26/80 G.O. Grant 4 Loan Antic. Bonds 1,125, 1991 6.46% 1.45% M I.S.D. ,917 11/01/88 G.O. School Building Bonds 3,19011 1991-1996 6.341 1.361 Al (Dakota County) 2,25, 1991-2009 ].131 1.361 A Ralabinsdale 11/01/88 G.O. I. Imrenent Bonds Bottonwmd I1/01/88 G.O. Taxable lax Imrenent Bads 804 1991-1998 9.60% 7.36% M Isle 11/01/88 G.O. Grant 4 Loan Anticipation Bads 665M 1991 6.38% 7.36% M GM Sanitary District I1/01/83 G.O. Grant 8 Loan Mticipatim Bonds B6M 1991 6.39% 7.36% M (Stearns County) Nest Concord 11/02/88 G.O. 5tom Ser proveeent Bonds /5, 1990-1939 1.16} 1.361 M orTx /Vale Valley II/03/88 G.O. Refunding 4 Lryrovenent Bands 2,89011 1989-2005 6.54 7.36% A pl,.th 11/07/88 G.O. Taxable Tax Imrerent Bonds 1,050H 1992-1998 1989--1998 6.62% 1.33% Aaa/MA Chanhassen 11/07/88 G.O. Tax Increment Bonds Chanhassen 11/07/88 G.O. Tax Imrenent Bonds I,OISM 1990-1997 6.641 1.331 Aaa/PAA Chanhassen 11/07/88 G.O. to rovelent Bads 4,185, 1990-2002 6.62% 1.33% Aaa/AAA Keewatin 11/09/80 G.O. Grant Anticipation Bonds 99011 1991 6.57% 7.33% M Coon Rapids 11/09/88 G.O. Byrovenent Bads 5,00011 1990-2010 6.99% 1.33% Aea Faimmnt 11/14/88 G.O. lnprovenent Bonds 395, 1990-2003 6.96% 7.441 Al Fai moot 11/14/38 G.O. Sorer Revenue Bonds ISOM 1990-2009 7.12% 7.441 Al Monticello 11/14/88 G.O. Nater System Bonds 1,10011 1990-2004 6.9% 7.441 A Bond Net Buyer Runkle lltY gate Type of Bonds Amount Nate Rate Index Rat1 n0 Vadmis Heights 11/15/80 Taxable G.O. Tax Increment ends 3,070M 1992-20110 9.38% 1.44% A Nev Ulm 11/15/87 G.O. Tax Increment Bonds 1,67511 1992-2012 7.19% 7.44% Al hurray 11/15/88 G.O. Urai nage Ditch Bonds 7" 1990-20041 1.01E 7.44% Baal Shakopee II/15/88 G.O. Tax Increment Bands 1,01511 1990-2001 6.83% 7.44L A Carlton County 11/15/88 G.O. Capital Improvement Bands 33M 1990-M 1.04% 1.44% A Stearns County 11MMS Taxable G.O. Tax Increment Bonds AIM 1991-1998 9.35% 1.44% A Stearns County 11/15/88 G.O. Orai.9e Ditch Bonds 4MM 1989-2008 l.OTL 7.44% A Oakdale 11/16/88 Taxable G.O. Tax Increment Bonds 3,200M 1992-2004 9.54% 7.44% A Oakdale 11/16/88 G.O. Improvement Bads 2,22511 1990-1999 6.58L 1.44% A Lakeville 11/16/88 G.O. Immprove aot Bonds 2,40@1 1990-2010 /.AIL 7.44% A Wrthimptm 11/17/68 G.O. Grant Anticipation Bunds 2,88511 1991 6.69% 7.44L Baal Wrthington 11/17/88 G.O. Tax Incremmnt Bads 41M 1991-1998 11 7.44% Baal Wrthington 11/17/88 G.O. Improvement Bonds 28511 1990-%4 6.93% 7.44% Baal Wrthingtom 11/17/88 G.O. Serer Revenue Bads 16th 1990-1998 6.66% 1.44% Baal Nagle Grove 11/11/88 G.O. laprovement Bonds 5,4001 1991-1995 6.46% 1.44% Al Chaska 11/21/88 G.O. Improvement Bonds 3,3001 1990-1999 6.19% 1.50% Baal Chaska 11/21/88 G.O. Tax Increment Bands 3,9101 1995-2001 1.11% 7.50% Baal Chaska 11/21/88 G.O. Taxable Tax Increment Bads 2,3401 1995-2000 9.72% 1.SOL Baal Lake Park 11/21/88 G.O. School Building Bads 1,20011 1990-M 7.23% 1.50% Nt North Mankato 11/21/68 G.O. E9uipment Certs. of Indebt. 2501 1989_1993 6.36% 7.50% A North Mankato 11/21/88 G.O. Improvement Bunds 415th 1990-1999 6.12% 1.50% A Borth Mankato 1121/88 G.O. T. increment Bads 525H 1991-1998 6.68% 1.50% A Mmrlawd 11/21/88 G.O. Tax Increment Bonds 1,450M 1991-2009 1.20% 1.50% A Moorhead 11/211M G.O. IMArovement Bonds 9201 1990-2004 6.94% 7.50% A I.S.D. #194 (Lakeville) 1122/88 G.O. School Building Bonds 4,10011 1993-2002 1.06% 1.50% A I.S.D. All 11/28/88 G.O. school Building Bads 1,5311 1993-2000 7.05% 1.581 Baal (Cartridge-Isanti) I.S.D. #549 1129/88 G.O. School Building Bads 4,0001 1991-2005 1.31% /.581 Baa (Perhao-0ent) '1 I.S.D. 6130 11/29/88 G.O. School Building Bonds 1,1001 1990-2008 1.54 1.56% Baa (North Branch) Wright County 11/29/88 G.O. Capital Lprovement 3,80011 1990-2009 /.3D% 7.58% A Plan Bonds I.S.D. #13B 11/30/88 G.O. Refunding Bonds 3,51511 1991-2010 7.62% 7.58% MM (Wldingford) I.S.D. 22 11/30/89 G.O. School Building Bonds 4,2001 1990-2010 1.62% /.58% Baal (Detroit Lakes) Wisconsin Balsam Lake 10/03/80 G.O. Refunding Bads 145M 1989-2003 1.2916 7.64% Mt Madison Metro S/D 10/03/88 G.O. Prooissory Notes 3,1301 1991-1994 6.30% 1.64% Aaa West Milwaukee 10/04/88 Taxable G.O. Promissory motes 1101 1995-1998 9.58E 1.64% Baal Wst Milwaukee 10/04/88 G.O. Promissory Notes 3301 1997 7.09% 7.64% Baal Saukville 10/12/88 G.O. Promissory Notes 11011 1993-1996 6.841 7.53% Baal Altoona 10/17/88 G.O. Promissory Wtes 67M 1989-1998 6.841 1.521 an Beloit10/11/88 G.O. Anticipatim motes 3,10011 1989 6.38% 7.52% Ml Brown County 11/14/88 Corporate Purpose Bonds 4,90011 1989-2008 7.11% 7.44% b Brookfield 11/15/08 G.O. Promissory Wtes 9301 1989-1998 6.50E 1.44% MI Brookfield 11/15/88 G.O. Corporate Purpose Bads 4,0101 1989-2008 7.Ill 1.441 Aal Iladism I1/15/80 Taxable G.O. Promissory Notes 3,50011 1993 9.06% 7.44% M Delavan 11/15/86 Wterworks System Mort. Rev. Bads 2,7/SM 1991-2010 7.11% 1.44% M Saukville 11/16/88 Wterworks System Mort. Rev. Bonds 6" 1990_2008 I.W% 7.44% M Cumberland 1122/88 Severage System mortgage 1,1501 1989-2001 1.35% 1.50% M Revenue Refunding Bonds Sussex 11/30/88 G.O. Promissory Nolen 1,21511 1990-1998 6.84% 7.58% A morth Dakota Fargo Public School 10/25/88 Certificates of Indebtedness 3,50011 1989 6.23% 7.45% NR District 01 RamNmy County 11/01/88 Temporary Improvement Bonds 665M 1991 6.23% 1.%% M1 Ramsey County I1/01/89 Refunding Improvement Bonds 67M 1989-2001 1.11% 7.36% A Fargo 11/07/88 Refunding Improvement Bonds 4,5511 1989-2006 6.841 1.33% WM 13 PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE Regular Session City Council Chambers Dec. 14, 1988 Chairman Laurent called the meeting to order at 7:45 A.M. with the following persons present: Gary Laurent, Mary Keen, Melanie Kahleck, Bill Wermerskirchen, Terry Forbord, Jim Stillman, and Jerry Wampach. Also present were Mayor Dolores Lebens, Barry Stock, Administrative Assistant, Dennis Kraft, Community Development Director, and Dave Hutton, City Engineer. Absent were Harry Koehler, Ruben Ruehle, and Sheila Carlson. Forbord/Kahleck moved to approve the agenda of the December 14, 1988 meeting. Motion carried unanimously. Wermerskirchen/Stillman moved to approve the minutes of the November 9, 1988 meeting as kept. Motion carried with Comm. Forbord abstaining. Mr. Stock stated that Mayor Lebens has requested to appear before the Downtown Committee to explain her opposition to the proposed mini bypass. He stated that she would like to propose to the Downtown Committee several alternatives which would alleviate many of her current concerns regarding the proposed plan. Mr. Stock noted that in November the City of Shakopee formally moved to make the downtown mini bypass a part of the official map. Mayor Lebens has refused to sign the necessary legal documents to make this action official. The City of Shakopee is now in litigation to secure legal authorization to proceed with the official mapping of the mini bypass. Mr. Stock stated that he has met with Mayor Lebens and that she is opposed to the mini bypass for the following reasons: 1. The Mayor is opposed to the elimination of the parking lots behind City Hall. She believes that since the parking lots were assessed, they cannot be removed unless they are relocated in there entirety. She does not believe that the addition of on street parking constitutes the replacement of the parking stalls lost in the event of the mini bypass construction. 2. The Mayor believes that provisions should be made in the final bridge design to allow for the future extension of Levee Drive to the east. 3. Mayor Lebens believes that the City should not provide more funding for the bridge than MNDOT. 4. Mayor Lebens is convinced that with the completion of the southerly bypass, much of the traffic on First Avenue would 1 be eliminated and thus the need for the mini bypass may not be justifiable in terms of the cost impacts on the City at this time. Mr. Stock then reviewed two alternatives proposed by the Mayor. The first alternative involved moving the bypass further to the south. Mr. Stock stated that the pros for this alternative included possible cost savings as a result of not having to acquire Brambilla's property. Another positive result would be that the parking lots would be preserved. And finally, alternative #1 would eliminate blighted buildings presently located on Block 3 and 4. Mr. Stock stated that the cons for alternative #1 included MNDot's contention that this alternative would constitute a complete redesign and the process would have to start over. Another con of alternative #1 is that the historical buildings would be lost on Blocks 3 and 4. Mr. Stock then reviewed the Mayor's second alternative. Alternative #2 maintained the current bridge alignment but demolished the buildings located in Block 3 and 4. The pros for this alternative included the approximate cost savings of $135,000 as a result of not having to construct the retaining wall and alley currently proposed for construction as a result of the mini bypass. The second alternative would also create an open area where parking stalls lost as a result of the mini bypass could be relocated. Another pro for alternative #2 included the creation of developable area as result of the demolition and finally the elimination of blighted buildings on Block 3 and 4. The cons related to alternative #2 as perceived by staff included the fact the City Hall operations would be displaced and alternative space would have to be rented until such time that a new City Hall could be constructed. Secondly, costs would be incurred by the City to acquire the subject property and replace the parking lot as proposed by Mayor Lebens. And finally, all historical buildings would be lost on Blocks 3 and 4 . Mr. Stock stated that alternative #3 is staff's proposal which maintained the current bridge alignment with the partial demolition of Blocks 3 and 4. The pros related to alternative #3 are the same as alternative #2 with one additional positive result which preserved some of the historical buildings on Block 4. The negative to alternative #3 primarily involved additional costs that would be incurred by the City to acquire the subject property. Mayor Lebens stated that she would like to see MNDOT raise the bridge to preserve the future extension of Levee Drive to the east. Mayor Lebens further stated that the mini bypass enbironmental assessment worksheet called for the preservation of the future extension of Levee Drive to the east. Mr. Hutton stated that MNDot has looked at shortening the bridge span which 2 l� would reduce the bridge depth. He stated that this would reduce the bridge depth from 6 to 3 feet. He also stated that MNDoT is providing for the construction of the bridge piers so that they are deep enough to accommodate the extension of Levee Drive to the east. He noted that Levee Drive would still need to be lowered to meet MNDOT's bridge clearance specification of 14.5 feet given these two considerations. He went on to state that it was his understanding that the bridge clearance height could be reduced if Levee Drive was extended as a local street in the future. He stated that MNDOT has informed him that if we construct Levee Drive at this time we would have to adhere to their standards. He also noted that this would necessitate additional historical review of the property to the east of the proposed bridge head. Mr. Hutton stated that in order to maintain the MNDOT clearance of 14.5 feet the elevation of Levee Drive would have to be lowered approximately 4 to 5 feet. This would put the elevation of Levee Drive in the 100 year flood plain. Mr. Hutton stated that this can be done if the City of Shakopee can withstand an occasional flooding of this street. Mr. Hutton went on to state that if the City of Shakopee extends Levee Drive as a local street in the future and does not have a problem with limiting access to the street to no truck traffic, the elevation of the bridge could be reduced to approximately 12 feet. Comm. Forbord questioned whether emergency vehicles would be able to fit under a 12 foot clearance. Mr. Hutton stated that he had not done any investigation of that issue. Comm. Wermerskirchen questioned where Levee Drive would connect if it were extended to the east. Mayor Lebens stated that Levee Drive is proposed to connect with Bluff Street to the east and would connect with First Avenue somewhere to the east perhaps at Hardees or Perkins. Comm. Kahleck stated that she was concerned about extending Levee Drive to the east until such time that an analysis of the area to the east could be done to determine what uses were appropriate for that area. She questioned whether or not the City had any plans for that area. Mr. Stock stated that much of the land within Huber Park is in the flood plain which limits it's development potential. He also stated that the City of Shakopee has not done any analysis of the development potential of that area. Comm. Kahleck questioned whether there was any price difference in the currently proposed bypass versus the proposal to reduce the bridge span and clearance. Mr. Hutton stated that there was essentially no difference between the two proposals and it was his understanding that MNDoT was designing the bridge to provide for the increased clearance. Chrmn. Laurent questioned how often the river has flooded to the 100 year flood level. Mr. Hutton and Mayor Lebens both stated that to the best of their knowledge it has never flooded to that level. 3 Comm. Wampach questioned what the proposed bridge clearance would be for the new bridge in comparison to the bridge clearance on the existing bridge. Mr. Hutton stated that he thought the current bridge clearance at Levee Drive was approximately 14.5 feet. Comm. Kahleck stated that she would like to see what the traffic flows were on First Ave. after completion of the mini bypass before proceeding with the extension of Levee Drive. Comm. Wampach stated that the extension of Levee Drive would enhance development potential of property to the east of the bridge head if it were extended. Comm. Stillman questioned how much lower the new bridge would be than the current bridge. Mr. Hutton stated that he was not sure. Mayor Lebens stated that she thought the bridge clearance under the proposed plan was approximately 5.5 feet. Mr. Hutton stated that the actual height differential between the current bridge and the proposed bridge is about 3 feet in terms of elevation. Chrmn. Laurent questioned whether or not the Committee should reach agreement on the Levee Drive issue before proceeding. Comm. Forbord questioned what we were talking about in terms of the Levee Drive issue, the height of the bridge or the elevation of Levee Drive? Comm. Forbord summarized the Levee Drive issue as follows: 1) The height of the bridge and the elevation of Levee Drive and 2) whether or not Levee Drive should be extended. Chrmn. Laurent questioned to what extent Mayor Lebens was proposing that Levee Drive be included in the currently mini bypass plan at this time. Mayor Lebens stated that she wanted to have it made clear in the plan that Levee Drive can be extended in the future. Mr. Hutton stated that he is comfortable that MNDoT is accommodating the future extension of Levee Drive even though it does not actually show up on the plan. Chrmn. Laurent stated that he is having a problem with this issue because the Downtown Committee had talked about this very same issue over two months ago and they went on record in support of providing for the bridge to provide for the extension of Levee Drive at a later date. Comm. Forbord stated that he would like .the Committee to keep in mind that over the past several years, the Downtown Committee has never intended to have truck traffic on Levee Drive. He noted that the whole purpose of the downtown plan was to make the downtown a more pedestrian friendly environment. He went on to state that one of the majoroals of the downtown own mini bypass and the southerlyb was to ass YP keep truck traffic out of the downtown area. He stated that the bridge g clearance at Levee Drive is a moot point when it comes to truck traffic but is crucial when it comes to emergency vehicles. He stated that the records will show that this has been the discussion on the clearance of Levee Drive over the past years. 4 >3 Comm. Forbord then stated his feelings regarding this matter. He stated that Mayor Lebens has not supported the Committee and she has in fact used intimidation tactics on several of their members. He felt the Mayor was trying to use the Downtown Committee as another stalling tactic to delay the bridge downtown redevelopment and the mini bypass. Comm. Forbord stated that he did not think it was appropriate for the Commission to be hoodwinked by the Mayor's actions to delay the bridge. He stated he felt the Committee should proceed as they always have and accomplish what this City needs and not be intimidated by someone elses personal beliefs for their own personal gain. He suggested that the Committee make a decision to leave things alone and to work with MNDOT in a cooperative manner. Mayor Lebens stated that she disagreed with Comm. Forbord in entirety and that she was looking toward the future of this community. She went on to state that she has often been tempted to let the mini by pass go through as proposed. She stated that she would like to see Levee Drive go through but that it will not benefit her one bit. She stated that she is only interested in the City of Shakopee's future. She stated that she has the support of many persons in Shakopee regarding her stance on the mini bypass. Mayor Lebens stated further that she has funding support from individuals in the community to fight this issue all the way to the Supreme Court and that she will never sign the document. Mayor Lebens stated that she has two letters from officials in other communities who had parking lots created in the same manner that we had. She stated that the letters support her position regarding the replacement of the lots. Mayor Lebens stated that she cannot release the names of the persons who sent her the letters because she may be using this information in court. Mayor Lebens questioned how other property owners in the downtown area would feel if the City owned parking lots across from their establishment were removed. Mayor Lebens stated that when the parking lots were constructed 20 years ago that property owners were opposed to the assessments. At that time they were assured that the parking lots could never be removed. In fact, several of the property owners at that time requested that their names be placed on the deed to ensure that the parking lots be replaced. At that time, property owners were ensured that state statutes would protect their rights and the parking lots would not be for any other purpose except parking. Mayor Lebens stated that if the parking lot issue is taken all the way to the Supreme Court it will delay the project. She stated that if the parking lots are replaced in like and kind this would eliminate her concerns. She stated that you cannot replace any parking on street because that parking was always there. Mayor Lebens stated that she did not care to come before the Downtown Committee but at the request of Mr. Stock she agreed to come and answer questions from the Committee. But, if the Committee was not willing to hear her responses she felt it was time for her to 5 leave. Chrmn. Laurent stated that he appreciated Mayor Lebens attendance at the meeting and the concerns that she is expressing. Comm. Forbord said that he did not want Mayor Lebens to leave and that was not the point of what to said. He noted that what he said was a part cf th3 �f£icial records of the City and that he disagrees with Mayor Lebens but he did not want her to leave. Comm. Kahleck stated that she thought the purpose of Mayor Lebens visit here today was to come to some kind of compromise that is workable to everyone and that will not delay the project. She stated that she agreed with Comm. Forbord regarding the Committee's position on Levee Drive and that they have always supported and gone on record in support of providing for the construction of the bridge in such a fashion to allow for the future extension of Levee Drive. Kahleck/Keen moved to go on record in support of the Downtown Committee's earlier position regarding the construction of the bridge and bypass in such a fashion to provide for the future extension of Levee Drive to the east. Motion carried unanimously. Chrmn. Laurent stated that he felt that the Mayor and the Committee were in agreement that Levee Drive should be extended at some future time and that it should be provided for in the construction of the new bridge and bypass. Mayor Lebens stated that if the extension of Levee Drive is not provided for as a part of the currently proposed mini bypass plan she doubted that it would ever be constructed. Comm. Stillman questioned if it were possible for MNDoT to include on the plan in detail the. elevation of Levee Drive and the 14.5 foot clearance. Mr. Hutton stated that he would talk With MNDoT to see if that could be included on the final plan. Comm. Keen questioned whether or not the retaining walls would have to be preserved in alternative #2 or alternative #3 . Mr. Stock noted that at the present time if alternative #2 or 43 were pursued the area in Blocks 3 and 4 could be filled which would eliminate the need for a retaining wall. Discussion then ensued on the amount of parking that would be lost if the mini bypass were constructed. Comm. Wermerskirchen stated that he concurred with Mayor Lebens regarding her position on the replacement of the parking stalls that would be lost. Comm. Forbord stated that the City of Shakopee has legal opinions from both of our City Attorneys and the League of Minnesota Cities stating that it is possible to remove the parking lots. Mr. Stock stated that while this is true, there is presently no case law on this issue and that it could potentially end up in the Supreme Court if someone is willing to pursue it. Comm. 6 / 1 Wampach questioned if an individual could pursue this issue in court or whether it would have to proceed as a class action suit since a number of people were assessed for the parking lots? Staff stated that they did not have an answer to this question but that it would seem likely that an individual could pursue the issue had they been assessed for the lot. Comm. Wermerskirchen stated that a number of stalls were created in the Second Avenue parking lot and that this lot was not assessed to the property owners. He questioned whether or not the creation of this parking lot would replace the stalls lost in conjunction with the elimination of the City Hall lot if the mini bypass were constructed? He went on to state however that he did believe that the downtown area was in need of additional parking. Comm. Stillman questioned what process would be involved to condemn the parking lots within the mini by-pass alignment. Mr. Hutton stated that it would involve reverse condemnation and that appraisals would be necessary and that the persons responsible for paying the assessments 20 years ago would be reimbursed in some form. Comm. Forbord stated that the individual performing the Comprehensive Plan update is proposing that a parking ramp be constructed somewhere in the downtown area. He went on to state that it would be possible for the City to initiate an analysis and identify proper sites for additional parking lots. Comm. Forbord felt that this process could be completed prior to it being litigated. Chrmn. Laurent stated that he felt it might be appropriate for the Downtown Committee to proceed in an effort to avoid the inevitable conflict that may exist regarding the removal of the parking lot and at the same time provide a benefit to the downtown area. Mr. Hutton stated that an analysis of the Mayor's proposal to relocate the lost parking stalls could be going on conjunction with the mini bypass final design. He stated that the Mayor's second alternative did not have an impact on the alignment. Chrmn. Laurent stated that this fits in with the Committee's goals and objectives. He noted that the Committee is proposing to complete a property inventory analysis which would identify sites for redevelopment which could include the provision of parking lots. Kahleck\Stillman moved to recommend to City Council that the relocation of the parking stalls lost as a result of the mini bypass be relocated in kind in the downtown area at a location to be determined upon further study and analysis. Motion carried unanimously. Chrmn. Laurent questioned whether or not the Committee should continue the meeting or table the Downtown Committee goals and objectives until the January meeting. Mr. Stock stated that initially the Downtown Committee was to report back to the City 7 Council before the end of the year regarding their goals and objectives. However, due to the unforeseen issue that was presented to the Downtown Committee today, staff felt City Council would understand and would not be opposed to receiving the Downtown Committee's goals and objectives at their second meeting in January. It was the consensus of the Committee to table this Downtown Committee's goals and objectives until their first meeting in January. Mr. Stock informed the Committee that a survey was being distributed to the property owners in phase I part II of the downtown project area to determine their satisfaction with the project. The survey is similar to the one that was distributed last fall to the property owners in phase I part I. Keen/Wermerskirchen moved to adjourn the meeting at 9:15 A.M. Motion carried unanimously. Barry A. Stock Recording Secretary 8 � y Minutes of the Community Development Commission City Council Chambers Shakopee, Mn December 14, 1988 Vice Chairperson Koopman called the meeting to order at 5:30 p.m. with the following members present; Al Furrie, Jane DuBois, Mark Miller, Terry Joos and Donald Koopman. Chairman Keane arrived at 5:50 p.m. Barry Stock, Administrative Assistant and Dennis Kraft, Acting City Administrator were also present. DuBois/Miller moved to approve the minutes of the November 9, 1988 meeting as kept. Motion carried unanimously. Mr. Stock stated that in order for the City to maintain star City designation, the City of Shakopee must annually update the One and Five Year Work Plans. At the last meeting of the Community Development Commission discussion ensued on the goals, objectives and strategies for the 1989 One and Five Year Work Plans. Mr. Stock noted that he has taken the items that were discussed at the Commission's last meeting and incorporated them into the One and Five Year Work Plans. Mr. Stock noted that the Downtown Committee's Goals and Objectives have also been incorporated into the one and Five Year Community Development Commission Work Plans. Commissioner DuBois questioned whether or not there were any buildings in the downtown area that were listed on the Historical Society National Register. Mr. Stock stated that there were no buildings in the downtown presently on the historical register. Commissioner DuBois questioned whether or not the City's housing enforcement officer was systematically inspecting the buildings in the downtown area. Mr. Stock stated that the housing inspector was currently in the process of inspecting all of the residential rental units in the downtown area. Mr. Stock also noted that the housing enforcement program was being proposed to be expanded to all residential units within the community. Mr. Stock stated that he did not know when this program would be initiated on a City wide basis. Mr. Stock did note that the proposed program was based on a certificate of occupancy approach. Commissioner DuBois noted that several senior citizens have stated concern over the proposed housing inspection program especially in regard to cost implications. Commissioner Miller commended the Downtown Committee on the work that they have done in developing their goals and objectives. He suggested that the Community Development Commission put their goals and objectives in a similar format to make them more understandable. Commissioner Miller stated that he felt that one . of the key objectives of the Community Development Commission was to collect information and disseminate it to Shakopee residents 1 in an understandable format. He noted that several of the Community Development Commission's goals and objectives were related to a primary objective of collecting and disseminating information. It was the consensus of the Committee to have staff reassemble the Community Commission's One Year Work Program in a format that was comparable to the Downtown Committee's Goals and .Objectives. The Commission then reviewed the primary goals as set forth in the One and Five Year Work Plans. Commissioner Miller suggested that more subgoals be added to promote residential development that will increase the population base of the City. He suggested that perhaps the Commission could embark on a more extensive marketing and education campaign which focused on residential developers and real estate persons. Discussion ensued on several of the issues that affect residential development in our community. Commissioner Joos noted that transportation access into our community and taxes are a negative issue with persons considering Shakopee for development. Commissioner DuBois suggested that perhaps the City should get into more speculative development. She questioned if it would be appropriate for the City to extend streets and services to currently undeveloped areas in an effort to spur more residential development. Mr. Stock stated that he was under the impression that most communities did not extend roadways and services unless development was pending in that area. He stated that the City would incur significant costs if we were to extend roadways and services in the hope of eventually attracting residential developers. It would be quite a risk for the City to incur. Chairman Keane stated that the normal process was for the City to extend streets and assess the improvements back to the abutting property owners. He doubted whether property owners would be willing to pay the assessments on land that may be developed in the future. Commissioner Miller suggested that the City allocate more long range planning time to identify executive type residential development areas. Chairman Keane stated that he was aware of several residential projects that were of the executive class that were constructed in open corn fields. He noted that some communities have expended funds to incorporate landscaping design features that can make former corn fields attractive executive developments. He also noted that this type of development takes a strong commitment from the City in terms of planning, engineering and often times financial assistance. Commissioner Furrie suggested that the CDC consider developing a policy that is similar to the industrial development incentive policy which focuses on residential development. Commissioner Keane suggested that the City of Shakopee should keep in mind that the Prior Lake interceptor currently bisects the land East of the industrial park. He stated that the area East of the interceptor is currently zoned I-1 and is outside of the MUSA . line. He suggested that the City of Shakopee include in their Five Year Plan a comprehensive look at this area and possible 2 q rezoning of it for residential purposes. He noted that this area is a high amenity area and would be suitable for executive housing development. Chairman Keane stated that the Dean's Lake area would be very condusive for executive housing assuming that dredging of the lake occurred. Mr. Keane noted that the current condition of Dean's Lake is comparable to what many of the Minneapolis Lakes looked like in the early 19001s. Discussion then turned to the encouragement of tourism opportunities in Shakopee. Commissioner Keane suggested that rather than focusing on new entertainment attractions, the City should develop accessory services to feed off of the present attractions. For example, he suggested that Shakopee might be a prime location for specialty retail shops that may be attractive to the tourists currently driving through our community. Commissioner Furrie stated that he felt that the majority of commercial development that will be occurring in Shakopee will be focused towards the tourism industry and the patrons currently attending the attractions. Commissioner Furrie stated his belief was that if anything is to occur in the downtown area it will have to have some tie to the tourism industry. He stated that he believed that any other type of commercial development in Shakopee would occur at the intersections of the proposed southerly by-pass. Miller/Joos moved to direct staff to revise the One and Five Year Work Plans incorporating several of the objectives discussed at this evenings meeting and also to put them into a format comparable to the Downtown Committee's Work Plan. Motion carried unanimously. Discussion then turned to the goals and objectives of the Downtown Committee. Commissioner DuBois questioned whether or not the location of a City Hall in the downtown area was an objective of the Downtown Committee. Mr. Stock responded in the affirmative. Commissioner Joos stated that he felt strongly that if a new City Hall were to be constructed that it be done so in the downtown area. It was the general consensus of the Community Development Commission that Downtown Shakopee would be the best site for a new City Hall. Discussion ensued on the City Hall siting process that was done in 1987 and the flaws in the balloting process. Joos/Furrie moved to approve the Downtown Committee Work Plan with special emphasis added to their preference for locating a new city hall in the downtown area. Motion carried unanimously. Mr. Stock then gave a brief review of the Downtown mini by-pass . status and a proposal that was made by Mayor Lebens to the Downtown Committee which would alleviate many of her concerns 3 regarding the proposed by-pass. The CDC suggested that Mayor Lebens be requested to appear before their committee and review her concerns and proposed alternatives. Mr. Stock then gave a brief economic development update on several businesses that are currently interested in locating in Shakopee. Furrie/DuBois moved to adjourn the meeting at 6:50 P.M. Motion carried unanimously. Barry Stock Recording Secretary 4 / 5 SHAKO_PEE_COALIT_ION MEETING_MINUTES___JANUA2Y_3,_1989 The meeting was called to order at 4:45 PM by Chairman Brian Norris in the Citizens State Bank Community Room. Members Present: David Hart (Extension Service), Eileen Moran (Scott County Human Services), Debra Bates (Shakopee Community Education), Claude Kolb (Knights Of Columbus), Judson Keup (1ep) S. C. D. Community Action), Bill Nevin (Rotary), Sister Esther Wagner (SACS), Mary Keen (Ministerial Aeon. ), Brian Norrie (Citizens State Bank), and George Muenchow (Shakopee Community Recreation). All members introduced themselves. Judson shared that the Food Shelf, needing more room, is moving to a different area of the Community Action Council Building. They are busy. The Holiday Project went well. This year they also received many toys from Channel ll/Marine Corps effort. Well organized. Eileen brought to the group's attention the problem of a lack of transportation for many in the County. There are many that would benefit if a system was in place. It was felt that a centralized data base would be beneficial to bring together components now lying idle at various times. Everyone agreed that a person to do the job is also needed. If service clubs could come up with some cash this might be able to be accomplished. Eileen will bring back some figures and other information at the next meeting. Possibly a Town Meeting could be held on the subject. Judson informed that the Community Action Agency is coordinating a three county conference on "Homelessness" January 25 or 31. This topic in quickly becoming a major problem everywhere. In Scott County the problem is not so much with drifters as in the central cities, but the poor of the county who are living one paycheck away from eviction from their housing. Many are housesharing in unsatisfactory conditions. It was estimated that there are 500 families in Scott County living under these conditions. There was much discussion on these serious questions and the 5:30 adjournment time quickly came upon us. The topic will be continued at the next Meeting February 7 (Tuesday) at 4:30 PM in the Citizens State Bank Community Room. All members are encouraged to be present. Ree_ pectfu-4 , Submitted Georg F. Muenchow, Secty. MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on November 7, 1988 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, Kephart and Kirchmeier. Also Liaison Wampach, Manager Van Rout and Secretary Menden. Motion by Kirchmeier, seconded by Kephart that the minutes of the September 12, 1988 adjourned regular meeting and the Oct. 3, 1988 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 A T & T 137.57 ABM Equipment and Supply 1,327. 18 Auto Central Supply Co. 24.99 AutoCon Industries, Inc. 177. 34 Bentz Construction, Inc. 902.00 Border States Electric Supply 1,715.00 Burmeister Electric Co. 2,714.80 Business Outfitters, Inc. 175.68 City of Shakopee 481.92 City of Shakopee 215.34 City of Shakopee 819.10 Clay's Printing Service Inc. 459.45 Communication Auditors 75.00 Ditch Witch of Minnesota, Inc. 33. 13 Dressen Oil Company 46.40 Feed Rite Controls, Inc. 1,707.11 Glenwood Inglewood 18.25 Graybar Electric Co. , Inc. 4,103.43 H & C Electric Supply 652.42 HD Electric Co. 68.84 Hennen's ICO 24.50 _ Kirby A. Kennedy and Associates 270.00 Krass and Monroe Chartered Law Office 364.22 Leef Bros. , Inc. 32.25 Locators and Supplies 194.76 Minnegasco 361 .92 Minnesota Municipal Utilities Assoc. Safety Inst. 240.00 Minnesota Municipal Utilities Assoc. 140.00 Minnesota Valley Testing Laboratories 27.20 Motor Parts Service of Shakopee 89.70 Northern States Power Co. 308,246. 19 Northern States Power Co. 808.65 Northern States Power Co. 664.64 Northwest Mechanical Inc. 11052.89 Office Products 690.00 Eugene Pass 138.00 Reynolds Welding Supply Co. 13.42 Schilz Ornamental Iron 15.00 Shakopee Ford Inc. 11.91 Shakopee Postmaster - 2,500.00 Shakopee Public Utilities Commission 266.53 Shakopee Services, Inc. 52.00 Dean Smith Trenching, Inc. 506.00 Southwest Suburban Publishing 164.52 Starks Cleaning Services, Inc. 68.00 Stemmer Farm and Garden Supply, Inc. 48.00 Total Tool 419.45 U.S. West Communications 290.31 United Compucred Collections 198.00 Valley Industrial Propane, Inc. 34.08 Lou Van Hout 206. 14 Viking Steel Products 92.50 Voss Electric Supply Co. 799.20 Water Products Co. 51.44 Westinghouse Electric Supply Co. 1,720.21 Wild Iris Inc. 34.00 Woodhill Business Products 60.00 Yarusso's Hardware Co. 24, 99 Motion by Kephart, seconded by Kirchmeier to make final payment on the remodeling of Pumphouse k2 with payment being held until approval is recommended by our Engineering firm of Schoell and Madsen. A communication was asknowledged from John Anderson, dated October 24, regard- ing the request by City Council at their October 18, meeting of information from the Shakopee Public Utilities Commission. Manager VanHout reported that information on two of the three items had been sent already and that files were being gathered on the remaining item. Liaison Wampach was present to give the Liaison report. Liaison Wampach questioned Manager VanHout regarding trenching for the new Community Youth Building. The trenching was done by SPUC employees who donated their own time to get the installation done. The new Youth Community Building will be charged for electricity and water as the Boy Scout Building was in the past, and as all City buildings are. Dave Hutton, City Engineer and Jeff Stewart from HNTB the design consultant for the minibypass for the City of Shakopee were present to discuss the relocation of an existing watermain which is located directly in the path of the new bridge and minibypass. Three alternatives were given by Mr. Stewart as solutions to the relocation of the watermain. /6 Motion by Cook, seconded by Kirchmeier that recommendations be made to the City Engineer to investigate the abandonment of the well rather than the relocation of the watermain but to: maintain effective water service to the existing buildings located North of 1st. Avenue; and not to endanger the insurance rating on the Senior Citizen Highrise or the downtown area with the abandonment of the well; and that future development of that area would not require the need of that well; and to investigate the possibilities of the well being converted to a residential size well and deeded over to the City so as to supply the Community Recreation Office with maintenance being by the City, similar to Memorial Park. Mr. Ken Adolf from Schoell and Madson was present to discuss the possible needs for a new well to be constructed for 1989 and alternate sites for the construction. Motion by Kirchmeier, seconded by Kephart that the Shakopee Public Utilities Commission engage the firm of Schoell and Madson to begin an engineering study on the construction of a new well to alleviate the problems encountered in 1988 with flows and look into the suitability of a location adjacent to existing Well $2. Motion by Kephart, seconded by Kirchmeier to authorize the firm of Schoell and Madson to begin a scope analysis of the watermains for the Shakopee Public Utilities Commission to be tied in with the City Comprehensive plan. Motion carried. A street light request for the end of Harrison 13th. Avenue was authorized by the City Council as per a memo from John Anderson and was installed by the Shakopee Public Utilities at a cost to the City of $600.00 approximate. Manager VanHout informed the Commission of the need for an Engineering study for the underground electric also affected by the minibypass being constructed. The Manager will get a proposal from Henningson, Durham and Richardson Engineers who have done electrical engineering work for SPUC previously, for cost and scope and will report back to the Commission. A recommendation, preparedbyTechnical Assistant, Terrill Roquette, for the award of transformers to the low bidders was given to the Commission. Motion by Kephart, seconded by Kirchmeier, to award based on low evaluated annual cost to Border State at a cost of $926.00 each for 8-15 KVA transformers, to Lanick and Liljegren at a cost of $896.00 each for 15-25 KVA transformers, to Lanick and Liljegren at a cost of $915.00 each for 15-37.5 KVA transformers, to Graybar Electric Supply Co. at a cost of $1,147.00 each for 12-50 KVA transformers and to Graybar Electric Supply Co. for a cost of $1,503.00 each for 2-75 KVA transformers. Motion carried. Motion by Kephart, seconded by Kirchmeier to award the bid for the lawn sprinkling system for the Utilities building to Aqua Engineering for a total cost of $4,139.00 including the center island. Motion carried. Manager VanHout reported to the Commission that a lineman was hired, but chose to return to his previous position. We will be readvertising in the near future for the lineman position. Manager VanHout gave a report on the annual fall meeting of the Minnesota Mini-- cipal Utilities Association. Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities Commission donate the materials necessary for service to the new Community Youth Building that would be appropriate and that they waive all charges associated with the installation. Motion carried. Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities Commission commend the three employees, Ray Piiedges, Marvin Athamnn, and Gene Pass for donating their time to the installation of underground wiring for the Shakopee Community Youth Building. Motion carried. There were no new plats for the month of October, 1988. There were no lost time accidents for the month of October, 1988. The next regular meeting of the Shakopee Public Utilities Commission will b . held on December 5, 1988, at 4:30 P.M. in the Utilities Meeting Room. Motion by Kephart, seconded by Kirchmeier, that the meeting be adjourned. Motion carried. Barbara Mender}, Commission Secretary I /6 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on December S. 1988 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kephart, Cook and Kirchmeier. Also Liaison Wampach, Manager Van Hout and Secretary Menden. BILLS READ: City of Shakopee 20,032 .00 ABM Equipment, Inc. 32.70 A T & T 18. 57 AmericanCasting and Mfg. Corp. 745.97 American Water Works Association 59.00 Aqua Engineering, Inc. 4, 139.00 Auto Central Supply 19. 55 Bentz Construction, Inc. 712.00 Border States Electric Supply 308.20 Burmeister Electric Company 303.67 Business Outfitters, Inc. 2,438.38 Chanhassen Lawn and Sports 191 .51 City of Eagan 833.00 City of Shakopee 721 . 94 Clay's Printing Service 67.65 Davies Water Equipment Co. 144.42 Ditch Witch of Minn. , Inc. 123.89 Dressen Oil Company 25.00 Duling Optical 23.50 Ray Friedges 103.26 General Office Products Co. 141 .55 Glenwood Inglewood 9,27 Gopher State One-Call, Inc. 234. 35 Graybar Electric Supply Co. , Inc. 139.24 Grommesch Sod Service 724.25 H & C Electric Supply 1,598.28 Mennen's ICO 22. 50 Kress Chartered Law Office 1,229.17 Lano Equipment, Inc. 241. 13 Leef Bros. , Inc . 23.50 Minnesota Valley Testing Laboratories 27.20 Motor Farts Service Co. , Inc. 47.88 Northern States Power Co. 291, 582.07 Northern States Power Co. 332.32 Northern States Power Co. 862.68 National Information Data Center 29.95 Otter Tail Power Company - 285.63 Pitney Bowes 94.50 Porcelain Products Co. 85.09 Shakopee Public Utilities Commission 427.93 Shakopee Services, Inc. 26.00 Dean Smith Trenching, Inc. 460.00 Southwest Suburban Publishing, Inc. 244.44 Southwest Suburban Publishing, Inc. 47.04 Star Tribune 303.62 Starks Cleaning Service 102.00 Systems Service Co. 26.34 U.S. West Communications 316.13 Unisys Corporation 4, 129.65 Valley Glass, Inc. 198.25 Lou Van Hout 465.49 Van O Lite, Inc. 230.34 Voss Electric Supply Company 152.14 Westinghouse Electric Supply Co. 1,155.22 Wheeler Lumber Operations 2,535.00 Yarusso's Hardware Co. 98.03 Motion by Kirchmeier, seconded by Kephart that the bills be allowed and ordered paid. Motion carried. A joint meeting with the Council was tentatively set for January 10, 1989. Liaison Wampach was aakd to take the request to Council . Manager Van Bout presented a rate settlement from Northern States Power Co. The settlement is titled "Final• although future adjustment is still possible. j Motion by Kephart, seconded by Kirchmeier to approve the 10/28/88 rate settlement and to pass the additional rate savings on to our customers through the power adjustment on the monthly utility bills. Motion carried. An explanation will be included in with the monthly utility bills . A proposal from H.D.R. Engineering, Inc. for engineering services for the installation of a new 13.8 KV feeder at the Blue Lake Substation was acknowledged. Motion by Kirchmeier, seconded by Kephart to accept the engineering proposal from H.D.R. Engineering Inc. for installation of the new feeder bay at the Blue Lake Substation. Motion carried. A second proposal from H.D.R. Engineering, Inc. for engineering services for Downtown Shakopee underground system to accommodate the State Highway 169 downtown bypass. Motion by Kephart, seconded by Cook to accept the proposal from HDR Engineering, Inc. for the engineering on the overall l6 plan for the downtown starting at the substation located by Well tl in conjunction with relocation requirements for construction of State Highway 169 Downtown bypass. Motion carried. The 1989 budget was presented by Manager Van Hout. Motion by Kirchmeier, seconded by Kephart to approve the 1989 budget as presented. Motion carried. The 1989 wage discussions will be held at the January meeting. Motion by Kirchmeier, seconded by Cook to open a position for a laborer/meter reader to be filled in the near future. Motion carried. Motion by Cook, seconded by Kirchmeier to change the awarding of a bid for 12 50 KVA transformers from Graybar/ Dowser Co. to Westinghouse due to the wrong loss data being supplied by the first low bidder. Westinghouse in now the low bidder for these transformers. Motion carried. Several resolutions previously passed regarding the trunk water charge for specific subdivisions will be published on a summary basis upon approval for such from Jac Coller, City Attorney. Motion by Cook, seconded by Kirchmeier to authorize payment to the State of Minnesota of an amount specified in their audit and upon approval from our attorney. Motion carried. Bids for a small bucket truck for service work will be going out in the near future. ?hv_c> wn_ca nn naw plats for November, 1988. There were two fire calls for a total man hours of 50 minutes for the month of November, 1988. There were no lost time accidents for November, 1989. Motion by Kirchmeier, seconded by Kephart to adjourn to a special meeting to be held on January 5, 1989. Motion carried. The next regular meeting of the Shakopee Public Utilities Commission will be held in the Utilities meeting room on Jan. 9, 1989. Lk, I �� 1 y✓ Barbara Menden, Commiasion Secretary. /6 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on January 5, 1989 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Cook, Kirchmeier and Kephart. Also Manager Van Hout and Secretary Menden. Commissioner Cook opened the meeting with a discussion on the items open for discussion at the January 10, 1989 joint meeting with the City Council. A discussion followed. The 1989 wages were discussed briefly. This item was tabled until the January 9, 1989 regular meeting. Motion by Kephart, seconded by Kirchmeier that the meeting be adjourned. Motion carried. Barbara Menden, Commission Secretary ATTEST: LOU V)kb Hout, Manager -7 MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Notice of Potential Cable Television System DATE: January 13, 1989 INTRODUCTION and BACKGROUND: On January 13, 1989 I received a correspondence from Mr. Steve Stolen, United Cable Television Manager informing the City of Shakopee of a potential sale of the cable television system in Shakopee and Chaska. (See attachment #1) The Cable Franchise Ordinance does set forth a process in which the City may respond to the sale of the cable system. Section 12.01 of the Ordinance grants the City of Shakopee first right of refusal to acquire the system. I have scheduled a meeting for the Cable Advisory Committee to review this issue on January 23, 1989. At that time, the Commission will make a recommendation to City Council regarding a position on the City's right of first refusal. If the City of Shakopee waives their right of first refusal, the cable company may then continue negotiations with their perspective bidder. Before the sale can be finalized, the City of Shakopee must agree to the transferof ownership. The Cable Franchise Ordinance sets forth a process in which the City may inquire into the qualifications of the perspective controlling party. The City may also condition said transfer upon such terms and conditions as it deems appropriate. Assuming the City of Shakopee waives their right of first refusal, I do not expect that we will begin reviewing the perspective controlling parties qualifications for several months. when we reach that point in the process, the Cable Communications Commission will again be meeting to review the perspective controlling parties experience and operating plans for the cable system. If you have any questions in regard to this issue, please feel free to call me. You may also be interested in attending the January 23rd Cable Commission meeting. In any event, I will keep you apprised of this issue as new developments occur. Attachment No. I UN/TED CABLE TELEVISION OF CARVER/SCOTT COUNTIES 13 Evv FTN Avm 5hakc ,ltimesaa553]9 (612)445-6151 (612)445-2369 January 13, 1989 Mr. Barry Stock City of Shakopee 129 E First Avenue Shakopee, Minnesota 55379 Dear Mr. Stock: I am writing to you to inform you that a possible sell of the local cable system is possible. United Cable Television has been contacted by other cable operators expressing an interest in purchasing the cable operation in Shakopee, Chaska and Carver. At this point in time United is reviewing the bids that have been submitted to our corporate office in Denver, Colorado. In following with the cable ordinance section 12.01 paragraph A, United Cable Television will be sending to you a letter outlining Uniteds position, as well as, a copy of the potential bid that may be accepted. These items should be in your hands by January 17, 1989 for your review. After you have had time to look over this material, please contact me so that we can schedule a meeting with the Shakopee cable regulatory commissions. If you have any questions that I can answer please do not hesitate to call. Sincerely, KK Steven Stolen General Manager SS:kh ' IBOARD OF COUNTY COMMISSIONERS Page 1 of 3 SCOTT COUNTY, MINNESOTA Date December 20, 1988 Resolution No. 88116 Motion by Commissioner Bohnsack Seconded by Commissioner Roniarski _ RESOLUTION NO. 88116; ESTABLISHING THE SCOTT COUNTY POLICY AND PROCEDURES REGARDING THE USE OF TAX INCREMENT FINANCING BY AUTHORIZED ISSUERS WITHIN SCOTT COUNTY; DIRECTING THE COUNTY ADMINISTRATOR TO DISTRIBUTE COPIES OF THE POLICY AND PROCEDURES TO ALL SCOTT COUNTY AUTHORIZED ISSUERS AND OTHER INTERESTED GOVERNMENTAL ENTITIES AND ISSUERS. WHEREAS, the Scott County Board of Commissioners has a continuing interest in the economic development and vitality of the County and its cities and townships, and WHEREAS, tax increment financing (TIF) has been used by cities in Scott County to assist in the development of the County, and WHEREAS, the level of use of TIF used within the County has reached a degree of significance which requires more thorough attention by the County, and WHEREAS, the June, 1988 Mill Rate Study performed by Springsted, Inc. , the County's financial consultant, indicates that the current level of use of TIF within the County has a net effect of increasing the mill rate of the County by approximately 3.1 mills, which in turn has a negative effect on the perception of persons interested in siting businesses or other development within the County, and WHEREAS, although counties may only comment on the use of TIF, Scott County's commentary has in some instances resulted in the restructuring or abandonment of the use of TIF for a project when such use was ill advised, and WHEREAS, the lack of timely and useful information undercuts the ability of Scott County to effectively communicate its comments and concerns regarding the use of TIF for a project, and WHEREAS, Scott County has a continuing concern about the increasing use of TIF by Scott County jurisdictions undercutting the financial flexibility of a jurisdiction to raise revenue for other public purposes. Page 2 of 3 BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA Date December 20, 1988 Resolution No. 88116 Motion by Commissioner Bphnsack Seconded by Commissioner Koniarski NOW THEREFORE BE IT RESOLVED by the Board of Commissioners in and for Scott County that the following policy and procedures regarding Scott County's comments on the use of tax increment financing (TIF) by Scott County issuers be and are hereby adopted: 1. That an issuing authority submit its plan to the County for comment at least forty-five (45) days prior to the public hearing upon the plan rather than the statutory minimum thirty (30) days. 2. That all tax increment financing proposals by Scott County governmental units include an executive summary of the proposal setting forth a brief statement of the purpose of the proposal, the effect on other taxing jurisdictions such as the projected five to ten year impact on general, student and prisoner populations and the level of social and other services provided by the County and other local governmental service providers, the duration of the project or district, the type, size, majority of debt issue, interest and valuation assumptions, projected captured assessed value, projected County administrative costs for new or expanded districts which costs shall be obtained from the Scott County Administrator, an explanation of how the TIF proposal is in concurrence with, and is in furtherance of the comprehensive plan of the issuing authority, and other pertinent information. 3. That the TIF proposal include the estimated costs of county highway improvements from the project, which cost estimates shall be obtained from the Scott County Highway Engineer. 4. That the body of the proposal include a detailed map of the geographic area affected by the proposal. 5. That all tax increment financing proposals submitted to the County include a summary of the financial feasibility of the plan, which summary is submitted to the County at the same time as, and along with all other relevant documents. 6. That in any instance where the full faith and credit of the issuing entity is pledged to the repayment of tax increment financing bonds that any excess increments generated be applied to debt reduction in the interest of: a) increasing the security of the outstanding bonds; b) reducing the likelihood that the issuing entity's taxpayers would be burdened by increased taxes should the project fail; and c) providing for the return of captured value to the tax roles more quickly. BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA Page 3 of 3 pate Decenber 20, 1988 Resolution No. 88116 Motlonby Commissloner Bobarmck Seconded by Commlinloner Konrazski ]. That Scott County encourages cities and other authorized users of tax increaser financing to limit the us of tax increaser financing to two percent (10%) or less of their taxable valuation. S. That, except in case. involving demonstrated unique opportunities, Scott County expresses its intent to discourage the we of tax increment financing which results in gore than ten percent (102) of a city's or other authorized issuer's taxable valuation being captured through tax increment financing. BE IT FURTHER RESOLVED that the Scott County Adainistrator be and hereby is directed to forward a copy of the Tax Increment Financing Policy and Procedures to all Scott County authorized Issuers and other interested governeental entities and parties. YES NO Koniarskl X Konlaraid Bohnsack X Bohnsack Mil X Mertz Stminwall Absent Stmmyeall Casey x Casey State of Minnesota cwnl ..-n 1 I,Jw,sym .onise nw,caO,Weli.'stl xting CW IY PEminbtralw lorlMCWn1yM 5Co11.am16 of MlnwfOlY eo aereby C nt 1na111uvecwnpar9oitol n9.Mi ne a.a iNir �t� _20tglnal minVlw p111a pIWNEln9n wlMaeVeW Cpice.a wn afc nera,5mmetGn1almeae cwr lcwWkn MM MIM 2Qh Ory ply der 19 B8 nMmllle in my plezWeness my saeIM9amalp sealmShanmexlcwyl this 28th December, 1988 Wilnaa9 my same aM 011 ficial gall al SaaFppea,Mlnw]ola,laza Urypl mem-moa UUU w w..wrr.ow... December 29, 1988 GOVERNMENT FINANCE OFFICERS ASSOCIATION The Honorable Dolores M. Lebens 1B0N01T1"^c"G""'AVM" $U 900 Mayor ar77-97WNas aoao, City of Shakopee 3W3 M77i8o 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Lebens: We are pleased to notify you that your comprehensive annual financial report for the fiscal year ended December 31, 1987 qualifies for a Certificate of Achievement for Excellence in Financial Reporting . The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting , and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual des- ignated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Gregg M. Voxland , Finance Director The Certificate of Achievement plaque will be shipped under separate cover in about six weeks . We hope that you will arrange for a formal presenta- tion of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release is enclosed . We suggest that you provide copies of it to the local newspapers and radio and television stations . In addition, enclosed is the 1987 Certificate Program results representing the most recent statistics available. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excel- lence in financial reporting . If you have any questions regarding this matter, or if we may be of any further assistance, please do not hesitate to contact us . Sincerely, GOVERNMEEN'T'�FFINANCE OFFICERS ASSOCIATION Frederick G. Lantz Assistant Director/Technical Services Center FGL/ds Enclosures WASWNGTCNGfflCE.SURE200.17W0 ST UNW.WASM TG DC.2000E-202/420.2750.fA%.202/42 -2755 NEWS RELEASE GOVERNMENT FINANCE OFFICERS ASSOCIATION RE: CITY OF SHAKOPEE SUITE SM CH1C G0 MICH[GA"nv["uE Is Awarded AIGHEST AWARD IN FINANCIAL REPORTING 312,977-97Wiuwas 6WI W EAX.31M77 aA (Chicago) --The Certificate of Achievement for Excellence in Financial Reporting has been awarded to: CITY OF SHAKOPEE by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR) . The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting , and its attainment represents a significant accomplishment. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement also is given to the individual designated as primarily responsible for its having earned the certificate . This Award of Financial Reporting Achievement has been presented to: GREGG M. VOXLAND, FINANCE DIRECTOR The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" effort to clearly communicate its financial story and motivate potential persons and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 11,500 government finance professionals . The association produces a variety of technical publications in various fields of governmental finance, and represents the public finance community in Washington, D.C . The association provides numerous training opportunities, and conducts an annual conference attended by 5, 000 public finance professionals . For more information, contact Fred Lantz at 312/977-9700. WASHNG„N C.FZ,SUITE 2 C'� 17_3 1_l2Ed NW A. k SCa�C 0 ,6.202/42S27 .. 2=U2_ 2f:> / 9 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT PROGRAM AWARDS The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recog- nized for their outstanding accomplishments . If you would like a formal presentation of your award, you should contact your Government Finance Officers Association state representative. Your representative 's mailing address and phone number is as follows: Dale Eggenberger Director of Finance City of Minnetonka 14600 Minnetonka Boulevard Minnetonka, Minnesota 55345 612/933-2511 0 z >7 QJ R IT H o ti ➢� � O nqq mx io' � n nr � o� 3 M ^ S n aq ao ,c _ Cn a x G � T 1ST n 3 C inCO3 ° TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA JANUARY 17, 1989 Mayor Dolores Lebens presiding 1] Roll Call at 7: 00 P.M. 2] Reading by Mayor Lebens of City's Non-Discrimination Policy 3] Res. No. 3007, Extending Appreciation to Tim Keane 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *71 Approval of Minutes of January 3, 1989 8] Communications: a] Steve Rose, DNR, re: update on the trail project - verbal *b] W. Michael Everist, North Star Risk Services, Inc. re: sidewalks *c] Association of Metropolitan Municipalities re: 1989 Dues Statement 9] PUBLIC HEARINGS: a] 7:30 P.M. - Proposed sanitary sewer and watermain improvements to 3rd Avenue between Harrison St. and Highway 169 b] 7:45 P.M. - Proposed improvement to the alley located between Scott and Atwood Streets and between Shakopee Avenue and 10th Avenue 101 Boards and Commissions: Planning Commission: a] Preliminary Plat of Kubes 2nd Addition, seven lots located in the NE corner of the intersection of CR-79 and CR-72 b] Amendment to the Shakopee Valley Square Planned Unit Development - Res No. 3011 c] Setbacks for Industrial Buildings Abutting A Railroad Spur TENTATIVE AGENDA January 17, 1989 Page -2- 101 Boards and Commissions continued: Downtown Committee: d] One Year Work Plan Community Development Commission: e] Star City One Year Work Plan f] Star City Five Year Work Plan 11] Reports from Staff: a] O'Dowd Lakes Chain Ass'n. Request for Payment of Insurance Costs - tabled 1/3/89 b] Lease with O'Dowd Lakes Chain Association *c] Building Equipment Maintenance Contract *d] Vierling Drive Change Order No. 3, Project 1987-12 *e] Contribution to Scott County Transportation Coalition f] Parking Restrictions Near Scott County Courthouse .- tabled 12/20/88 g] Highway 101 Shakopee Bypass (Southerly) - Design Services h] Appointments to Boards and Commissions i] City Attorney Compensation for 1989 j] Purchase of Trucks for Engineering and Inspection Departments *k] Purchase of Administrative Pool Car *1] Interfund Transfers *m] Worthless Check Prosecution Agreement n] Approval of Bills in Amount of $1,541,800.37 o] Adopting Council Meeting Procedures for 1989 p] Setting Dates for Additional Meetings *q] Sidewalk Snow Removal *r] Mileage Reimbursement Policy 12] Resolutions and Ordinances: a] Res. No. 3011, Ordering Feasibility Report for Improvements to Market St. Between 1st and 7th 133 other Business: a] b] c] 14] Adjourn to Tuesday, January 31, 1989 at 7: 00 p.m. Dennis R. Kraft Acting City Administrator NOTICE Policyof Non-Discrimination on the Basis of Handicapped Status The City of Shakopee does not discriminate on the basis of handi- capped status, race, color, religion, sex, national origin, age, marital or veteran status or medical condition in the admission or access to, or treatment of employment in its programs or activities. Gregg Voxland has been designated to coordinate compliance with the nondiscrimination requirements of section 51. 55 of the revenue sharing regulations implementing section 504 of the Rehabilitation Act of 1973, as amended. If any person feels they have been excluded from participation in, been denied the benefits of, access to or been subject to discrimination under any City program or activity theyshouldcontact Mr. Voxland at 445-3650 between the hours of 8:00 a.m. and 4:30 p.m. Monday thru Friday. The City of Shakopee recognizes that the Shakopee City Hall is not handicapped accessible at this time. If any person cannot achieve access to programs and/or activities within this facility, the City of Shakopee will make arrangements to relocate or restruc- ture the delivery of programs and/or activities upon request from said person. MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Judith S. Cox, City Clerk_:( RE: Resolution of Appreciationito Tim Keane DATE: January 9, 1989 INTRODUCTION & BACKGROUND: On December 20, 1988, Council accepted the resignation of Tim Keane from the Community Development Commission, with regrets. Council directed staff to prepare a resolution of appreciation. I have prepared the attached resolution pursuant to Council's request. RECOMMENDATION• Offer Resolution No. 3007, A RESOLUTION OF APPRECIATION TO TIM KEANE, and move its adoption. JSC/tiv A RESOLUTION OF APPRECIATION TO TIM KEANE WHEREAS, the Shakopee City Council did create an Industrial and Commercial Development Commission in August of 1978; and WHEREAS, the name of the Industrial and Commercial Development Commission was subsequently changed to the Community Development Commission; and WHEREAS, Tim Keane was appointed to the Community Development Commission and served as a member from January 22, 1985 until Council acceptance of his resignation on December 20, 1988, and WHEREAS, Tim Keane served as Chairman of the Community Development Commission from March 11, 1987 until his resignation; and WHEREAS, Tim Keane was instrumental in the City of Shakopee receiving the Star City designation; and WHEREAS, Tim Keane has played an instrumental part in developing policies and programs that have improved Shakopee's commercial, industrial and residential base as well as the development of an Industrial Development .Incentive Policy; and WHEREAS, Tim Keane has given unselfishly of his time during the last four years while serving on the Community Development Commission. NOW THEREFORE, BE IT RESOLVED by the Shakopee City Council, on behalf of the residents of Shakopee and on behalf of the Community Development Commission, that the Shakopee City Council does hereby extend to Tim Keane the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 17th day of January, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of , 1989. City Attorney OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 3, 1989 Mayor Lebens called the meeting to order at 7:00 p.m. with Cncl. Vierling, Clay, Wampach, Zak, and Scott present. Also present were Dennis Kraft, Acting City Administrator; Julius A. Coller II, City Attorney; Doug Wise, City Planner; David Hutton, City Engineer; and Judith S. Cox, City Clerk. Wampach/Zak moved to recess for a Housing and Redevelopment Authority meeting. Motion carried unanimously. Wampach/Vierling moved to reconvene to City Council at 7:15 p.m. Motion carried unanimously. Liaison reports were given by councilmembers. Scott/Zak moved to support Mr. Houser in his efforts in trying to get the State to remove the old buildings at the former women's prison. Motion carried with Cncl. Clay opposed. Mayor Lebens asked if there was anyone from the audience who wished to address anything not on the agenda. There was no response. Vierling/Wampach moved to approve the consent business with Dec. 6, 1988 minutes being withheld. Roll Call: Ayes: Unanimous Noes: None Motion carried Wampach/Zak moved to approve the December 6, 1988 minutes. Motion carried with Cncl. Clay and Vierling abstaining. Vierling/Wampach moved to approve the minutes of December 20, 1988. (Approved under consent business) . Dave Brown, O'Dowd Lakes Chain Association, said they are asking the City to pay for the liability insurance for the aerators on O'Dowd Lake and Thole Lake. He said last year the insurance was $1,700 and this year it is $1,470. Last year the City paid one- half of the premium and this year they are asking the City to pay the full premium because their funds are limited and they feel it is a very worthwhile project. Vierling/Wampach moved to table the request,to pay the liability insurance cost, by the O'Dowd Lake Chain Association until January 17, 1989. Motion carried unanimously. Clay/Vierling moved to amend the notations in the November 1, . 1988 minutes to reflect the fact that Resolution No. 2978 and Ordinance 258 were both adopted properly on the first vote and that, therefore, the motion to reconsider and the second vote was unnecessary and therefore a nullity. Motion carried with Mayor Lebens opposed. Proceedings of the city Council January 3, 1989 Page 2 Vierling/Zak moved to open the public hearing on amending the Comprehensive Development Plan to include the 150 acres, recently annexed, within the Metropolitan Urban Service Area (MUSA) . Motion carried unanimously. The City Planner reviewed the amendment to the City's Comprehensive Plan allowing for extension of the Municipal Urban Sewer Area line to include the newly annexed area south of the High School. Mayor Lebens asked if there was anyone from the audience who wished to address this issue. There was no response. Clay/Wampach moved to close the public hearing. Motion carried unanimously. Clay/Zak offered Resolution No. 2995, A Resolution Amending the Shakopee Comprehensive Plan to Include the Annexation Area within the MUSA and Designate the Area for Single Family Development, and move its adoption. Motion carried unanimously. The City Engineer reviewed the status of the vacation of 6th Avenue east of Main Street. He said there were certain property owners who objected to the vacation of 6th Avenue until questions regarding sewer and water availability, surface water drainage and driveway access were addressed. A feasibility report has been completed, however, the public hearing on whether or not to extend 5th Avenue to Market Street has not yet been held. The City Engineer is recommending that decision on vacating 6th Avenue be tabled until the public hearing on improving 5th Avenue has been held. He explained that if 5th Avenue is extended and public improvements are constructed, the objecting property owners would have no problem with the vacation of 6th Avenue East of Main Street. Wampach/Zak moved to table the vacation of 6th Avenue East of Main Street until the public hearing for the extension of 5th Avenue has been held. Motion carried unanimously. Vierling/Wampach moved to remove Municipal Parking Lot Leases memorandum from the table. Motion carried unanimously. Mrs. Gail Anderson, property owner, questioned why she was paying so much taxes on her property while Mr. Brambilla can lease parking spaces in the municipal lot for only $12/space/year. Jack Brambilla said he feels that the parking lot is still not being used to its potential. He leases 37 spaces from the City and could get by with 20 except for some months. He would rather _ rent 37 spaces than be short when he really needs more than 20 spaces. Scott/Wampach moved to authorize and direct proper city officials to enter into an agreement with Jack Brambilla and Bergsted Properties for a municipal parking lot permit for 1989 for the Proceedings of the City Council January 3, 1989 Page 3 Black Arrow parking lot at $12.00 per parking space. Motion carried with Cncl. Vierling opposed. Wampach/Vierling moved to authorize the appropriate City staff to submit a check to Mr. Al DuBois, 1982 Davis Court, Shakopee, Minnesota in the amount of $800.00 and to submit the remainder of the amount that the City owes Jim Hauer, $1,506.00, to the District Court to hold since the case is still in litigation. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Wampach moved to appoint Barbara Potthier a part-time permanent employee of the City of Shakopee. (Approved under consent business) . The City Engineer reviewed the County Road 17 Underpass which is proposed on County Road 17 (just South of Country Village Apartments) associated with the trail system and the Upper Valley Drainage Project. He said that because of the upgrading of County Road 17 to a four lane highway with access ramps to the Shakopee bypass, the highway will carry a lot of traffic and it would be extremely difficult and dangerous for pedestrians to try and cross CR-17 at grade. He explained that in conjunction with the County approving the necessary permit for the underpass, they are requiring that it be well lighted for pedestrian safety and that the City indemnify the County against any claims or damages arising from the use of the underpass. Discussion ensued on the issue of liability and if the County should share in the cost since this is a County road. Zak/Vierling moved to have the City Engineer and the City Attorney meet with the County to see if there is room for negotiation in the permit agreement for the construction of an underpass on CR-17 just South of Country Village Apartments. Motion carried unanimously. The City Engineer reviewed the outlet channel for the Prior Lake/Spring Lake Watershed District. He said an arbitration panel ruled that the Watershed District was required to perform certain maintenance items and repairs to the drainage channel prior to the City of Shakopee assuming the responsibility for that portion of the channel. He said the Watershed District has not completed any of the repairs and the deadline has expired. They are requesting that the deadline be extended to July 1st. Cncl. Clay said he would like to have them submit a detailed construction schedule and also submit monthly progress reports. If they fall behind schedule the agreement would then become null _ and void. Cncl. Vierling said she would like to move the deadline up from July 1 to May 1. Vierling/Scott moved to approve the Prior Lake/Spring Lake Watershed District's request for an extension of the deadline for completion of all repairs to the drainage channel, deadline Proceedings of the City Council January 3, 1989 Page 4 to be negotiable by the City Engineer for as early as possible, suggesting May 1, 1989. Motion carried unanimously. Scott/Vierling moved for a 10 minute recess. Motion carried unanimously. Zak/Vierling moved to reconvene to City Council at 8:40 p.m. Motion carried unanimously. Vierling/Wampach moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1989. (Approved under consent business) . Zak/Vierling moved to nominate John Schmitt and Melanie Kahleck for the Planning Commission. Motion carried unanimously. Clay/Zak moved to nominate Al Furrie, Jane DuBois, Elmer Otto, Debra Amundson, and Jon Albinson for the Community Development Commission. Motion carried unanimously. Vierling/Zak moved to nominate Elmer Otto, Donna Roman, and Melanie Kahleck for the Energy and Transportation Committee. Motion carried unanimously. Zak/Vierling moved to nominate Bill Anderson and Lillian Abeln for the Cable Communication Advisory Commission. Motion carried unanimously. Vierling/Zak moved to nominate Randy Laurent and Jim Link for the Housing Advisory and Appeals Board. Motion carried unanimously. Zak/Vierling moved to nominate Randy Laurent and Jim Link to the Building Code Board of Adjustments and Appeals. Motion carried unanimously. Vierling/Clay moved to nominate James Cook and Gary Scott to the Shakopee Public utilities Commission. Motion carried unanimously. Clay/Zak moved to nominate Robert Tomczik and Frank Houser to the Shakopee Community Recreation. Motion carried unanimously. Zak/Vierling moved to nominate John Roepke to the Police Civil Service Commission. Motion carried unanimously. There was discussion on the Councilmembers taking turns monthly for Planning Commission liaison, and in the alternative on a . Planning Commission member attending Council meetings on some items. Vierling/Zak moved that l) a City Council member be notified by the Planning Commission Chairman if and when they want a City Council member to attend a meeting, 2) that a Planning Commission Proceedings of the City Council January 3, 1989 Page 5 member attend a Council meeting on items of relevance or extra significance, and 3) that a Planning Commission member attend a Council meeting for all appeals from Planning Commission decisions. Motion carried unanimously. Vierling/Wampach nominated Cncl. Clay for Acting Mayor for 1989. Zak/Mayor Lebens nominated Cncl. Scott for Acting Mayor for 1989. Vierling/Zak moved that nominations be closed. Motion carried unanimously. By paper ballot, votes were cast for Acting Mayor: Cncl. Clay: Wampach, Vierling, and Clay Cncl. Scott: Zak, Scott, and Mayor Lebens Because of the tie vote, discussion followed on whether or not Mayor Lebens should be able to choose or whether another vote should be taken. Consensus was to table liaison appointments to the Downtown Committee and the Community Development Commission until the City knows what their plans are. Vierling/Wampach moved to nominate Cncl. Clay as the liaison to the Shakopee Community Recreation. Motion carried unanimously. Vierling/Zak moved that nominations be closed. Motion carried unanimously. Vierling/Zak moved that a unanimous ballot be cast for Cncl. Clay as Council liaison to Shakopee Community Recreation. Motion carried unanimously. Vierling/Zak moved to nominate Jerry Wampach as liaison to Shakopee Public Utilities Commission. Motion carried unanimously. Vierling/Zak moved that nominations be closed. Motion carried unanimously. Vierling/Zak moved that a unanimous ballot be cast for Jerry Wampach as Council liaison to Shakopee Public Utilities Commission. Motion carried unanimously. Zak/Wampach moved to nominate Cncl. Vierling to the Purchasing Committee. Vierling/Wampach moved to nominate Cncl. Zak to the Purchasing Committee. Vierling/Zak moved that nominations be closed. Motion carried unanimously. Proceedings of the City Council January 3, 1989 Page 6 Vierling/Zak moved that a unanimous ballot be cast for Cncl. Vierling and Zak to the Purchasing Committee. Motion carried unanimously. Vierling/Zak moved to nominate Cncl. Clay, Wampach and Scott for the Sewer Backup Claims Committee. Vierling/Zak moved to close nominations. Motion carried unanimously. Clay/Vierling moved that a unanimous ballot be cast for Council Clay, Wampach and Scott to the Sewer Back-up Claims Committee. Motion carried unanimously. Vierling/Wampach moved to nominate Cncl. Clay for Shakopee Valley Convention/Visitors Bureau. Vierling/Wampach moved to close nominations. Motion carried unanimously. Vierling/Wampach moved that a unanimous ballot be cast for Cncl. Clay to the Convention/Visitors Bureau. Motion carried unanimously. Vierling/Wampach moved to nominate Cncl. Scott for Ad Hoc Liaison to Police and Fire Departments. Clay/Vierling moved to close nominations. Motion carried unanimously. Clay/Vierling moved that a unanimous ballot be cast for Cncl. Scott for Ad Hoc Liaison to the Police and Fire Departments. Motion carried unanimously. Vierling/Clay moved to nominate Cncl. Scott to Murphy's Landing Committee. Vierling/Clay moved to close nominations. Motion carried unanimously. Vierling/Clay moved that a unanimous ballot be cast for Cncl. Scott as Council liaison to Murphy's Landing. Motion carried unanimously. Vierling/Wampach offered Resolution No. 3006, A Resolution Authorizing the proper city officials to execute an easement for part of the alley in Block 22, Original Shakopee Plat, and moved _ for its adoption. (Approved under consent business) . Vierling/Wampach moved to approve the bills in the amount of $166,591.50. Roll Call: Ayes: Unanimous Noes: None Motion carried. Proceedings of the City Council January 3, 1989 Page 7 Vierling/Wampach moved to establish an amount of $4,470.00 per month as compensation for the Acting City Administrator for calendar year 1989. Roll Call: Ayes: Unanimous Noes: None Motion carried. Vierling/Zak moved to direct staff to call eligible residents to see who would be willing to serve as a Manager to the Prior Lake/Spring Lake Watershed District and to submit any names to the Scott County Board. Motion carried unanimously. Paper ballots were cast for a second time for Acting Mayor which resulted in a tie: Cncl. Clay: Wampach, Vierling, and Clay Cncl. Scott: Zak, Scott and Mayor Lebens Cncl. Scott said that he wished to withdraw his name from nomination for Acting Mayor; therefore, Cncl. Clay is the Acting Mayor for 1989. Vierling/Wampach moved to remove Resolution No. 2996 from the table. Motion carried unanimously. Wampach/Vierling offered Resolution No. 2996, A Resolution Appointing the commissioner of Transportation as the City of Shakopee's agent for Federal Projects, and moved for its adoption. Motion carried unanimously. Vierling/Clay offered Resolution No. 3002, A Resolution Receiving a report and Calling a Hearing on Improvements to the Alley in Block 7 of the Jasper and Smith Addition, Project No. 1989-3 and moved for its adoption. Motion carried unanimously. Vierling/Wampach offered Resolution No. 3003, A Resolution Receiving a report and Calling a Hearing on Improvements to 5th Avenue from Fillmore Street to Market Street, Project No. 1989-4 and moved for its adoption. Motion carried unanimously. Zak/Scott offered Resolution No. 3004, A Resolution Designating Director and Alternate to Suburban Rate Authority, and moved its adoption. Director will be Cncl. Vierling and alternate will be Cncl. Wampach. Motion carried unanimously. Vierling/Clay offered Resolution No. 3005, A Resolution Amending the City of Shakopee Personnel Policy Adopted by Resolution No. 1571, and moved for its adoption. Roll Call: Ayes: Unanimous _ Noes: None Motion carried. The City Attorney explained that he is drafting the lease agreement between the City of Shakopee and MVRP. He asked that anyone who has anything they wish included in the agreement to get in touch with him by January 6, 1989. Proceedings of the City Council January 3, 1989 Page 8 Cncl. Scott said he would like to know the Downtown Committee's plans, what they are going to do and when they are going to do it. He also commented on Mr. Forbord's taking the Mayor to task at the last Downtown meeting. Scott/Zak moved to adjourn to Tuesday, January 10, 1989 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 9:45 p.m. J d C t Clerk Carol L. Schultz Recording Secretary STATE OF lt� DEPARTMENT OF NATURAL RESOURCES PMONENO. 296-2553 1200 Warner Rd. , St. Paul, Minnesota 55106 FILE NO January 10, 1989 .jfiQ 1 , CITY OF 5ti i� rtc' Mr. Barry Stock Assistant City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Barry: I would appreciate an opportunity to give a brief status report on the Minnesota Valley Trail at your next city council meeting on January 17, 1989. The report would be an informational update, and would take only a few minutes of the council's time. If it is possible to be put on the agenda for the nest meeting, please give a call to confirm. Thank you. Sincerely, c)fw Steve Rose Minnesota Valley Trail Specialist SR116:lk AN EQUAL OPPORTUNITY EMPLOYER gO, MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Barry A. Stock, Administrative Assistant RE: DNR Trail/Sweeney Property Update DATE: January 11, 1989 INTRODUCTION and BACKGROUND: In the January 3, 1989 Council agenda packet I included an informational item which updated the Council on the status of the DNR Trail and the negotiation process between the Department of Natural Resources and Mr. Bob Sweeney. In December, the Department of Natural Resources assembled and submitted a final proposal to Mr. Bob Sweeney regarding the extension of the trail through his property. Steve Rose representing the Department of Natural Resources has requested to appear before the City Council at their January 17, 1989 meeting to give a brief report on the current status of the negotiations with Mr. Sweeney and the pending extension of the DNR Trail. It is my understanding that upon finalizing the agreement with Mr. Sweeney, the Department of Natural Resources is prepared to extend the trail to the East from the Slfakopee Community Services Building through Murphy's Landing. In addition to securing the necessary agreements with Mr. Sweeney, the DNR will also be working with Mr. Wallace Bakken on the relocation of an easement through his property. The DNR will also be requesting the City of Shakopee to amend their current trail license agreement to allow for the extension of the trail through Memorial Park and Murphy's Landing. The issue of vacating Minnesota and Market Streets North of Bluff Ave. also has to be resolved before proceeding with the trail extension. CONO" EN I b North Star Risk Services, Inc December 5 , 1988 Mr. Dennis Kraft Acting Administrator City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Kraft: A routine loss control survey was recently conducted concerning the premises and operations for the City. This is in conjunction with the City' s participation in the League of Minnesota Cities Insurance Trust Property and Casualty Program. We sincerely appreciate your efforts and assistance in completion of this loss control survey. This letter will review my meeting with your City Engineer, Mr. Dave Hutton, on November 9, 1988. At that time we had the opportunity to review the current City sidewalk maintenance and upgrade program. I was specifically asked by your agent to review the new brick sidewalks being installed in the downtown area. From my meetings and a partial tour of your sidewalk area, I have come up with the following recommendations: R-20-88 It appears from the review and partial inspection of some of the brick sidewalk that the installation of the sidewalk was done in an efficient manner. I would like to point out that the City engineer says that his brick sidewalk will be set up on an annual inspection and maintenance program. I highly recommend that this inspection and maintenance program be put into effect to make sure that no bricks start sinking and cause an uneven walkway. R-21-88 A partial review of the City sidewalks shows that the sidewalks directly in front of the City Hall need to be replaced. I am also aware that service utilities in this area may be replaced in the near future. Unfortunately, that doesn't reduce the liability situation incurred by the City. It has been shown that it is very difficult to defend the City with respect to sidewalk maintenance when the accidents may occur directly in front of City Hall. The upgrade and/or maintenance of these sidewalks should be done as soon as economically possible. 1401 West 76th Sueet, Suite 550 0 Minnmpohs, Minnesom 55423 0 (612) 861-8600 0 FAX (612) 861-8643 Mr. Dennis Kraft City of Shakopee December 5, 1988 Page Two R-22-88 It is my understanding that the City of Shakopee has a sidewalk ordinance mandating that affronting property owners are required to not only remove snow and ice, but also maintain the sidewalks. I would like to stress that the City should be enforcing this sidewalk maintenance program. Therefore, I would like to recommend that a sidewalk inspection and maintenance program be put into effect. Affronting property owners with sidewalk maintenance problems should be adequately informed in writing and a follow-up maintenance program put into effect. Some cities have elected to take care of part of the sidewalk removal and/or part of the cost of sidewalk replacement. The City of Shakopee can review any or all of those different areas with regards to who is going to pay for sidewalk replacements and additions. During my visit Mr. Hutton pointed out a situation where some property owners had built sidewalks themselves and that there were gaps in the sidewalk system in a block because of this situation. A review of this by the legal department at the League of Minnesota Cities shows that the City would most likely be responsible for accidents of individuals who were injured walking across the areas where there was no sidewalk. For that reason, the City should look into inspecting and documenting these areas and having them filled in as soon as economically possible. The exact status on who will pay to fill in these areas I leave up to the City, but I would like to point out that by not filling in these areas, the City leaves themselves open to a liability situation. I am enclosing some information that the League of Minnesota Cities reviewed with regards to this situation for your City Engineer to review. R-23-88 A review of sidewalk slip and fall losses shows that the Engineering Department is not informed on any details with regards to slip and fall accidents. When it comes to engineering and specifications of sidewalks, the Engineering Department should be involved in at least being alerted having to do with slip and fall accidents and/or problems. By doing this, they can help address the budgeting situation having to do with maintenance and inspection of City sidewalks. Mr. Dennis Kraft City of Shakopee December 5, 1988 Page Three PLEASE RESPOND WITHIN 60 DAYS OF YOUR RECEIPT OF THIS LETTER REGARDING THE STATUS OF YOUR HANDLING OF THESE RECOMMENDATIONS. For your convenience, enclosed is a self-addressed envelope. Feel free to make your reply on a copy of this letter and return it in this envelope. Thank you for your continued efforts in the interest of loss control. We look forward to working with you. Sincerely, W. Michael Everist Loss Control Consultant North Star Risk Services, Inc. WME/cp Enclosures cc: Capesius Agency, Inc. These recommendations are made for risk improvement purposes only. They were not made for the purpose of complying with the require- ments of any law, rule or regulation. We do not infer or imply in the making of these recommendations that there are no other hazards and exposures in existence. The purpose of the recommendations is to assist in improving the risk exposure and to assist you with your loss control program. ACTION REQUESTED Receive the letter dated December 5, 1988 from W. Michael Everist of North Star Risk Serives, Inc. and direct the City Engineer to prepare recommendations on how to address the issues contained in the letter. 183 University Ave.East St.Paul,MN 55101.2526 League of Minnesota Cities (612)227.5600(FAX:221-0986) TO: City officials From: Pete Tritz Re: LMCIT loss control visits The League of Minnesota Cities Insurance Trust is a cooperative organization through which cities jointly self-insure their risks. To put it another way, LMCIT is a way for cities to jointly use their own funds to pay their losses. The ultimate cost to cities is therefor determined by the losses the member cities have. Every loss that can be avoided represents money that remains in the cities' hands. For this reason, LMCIT places a great deal of emphasis on loss control and prevention. That effort has paid off. Over the past couple of years, LMCIT's member cities have succeeded in reducing losses well below past levels. This has made it possible for the LMCIT property/casualty program to stabilize and reduce rates, and to return over $4 million of surplus funds to the cities in 1987. Much of the credit for this achievement must go to the cities' own efforts to reduce losses, with the help of the loss control representatives employed by LMCIT's administrators, EBA and North Star Risk Services. An important element of loss control is the on-site visit by the loss control representatives. The purpose of these visits is to help the city identify conditions and practices which present a hazard, and to help find ways to reduce or eliminate those hazards. The best way to think of the loss control representatives is as consultants there to help the city. Their expertise is in recognizing conditions that tend to create injuries, claims, and losses, and in proposing techniques to control those hazards. They are there to make that expertise available to cities. Of course, you should also keep in mind that because LMCIT is a cooperative self-insurance organization, all of the member cities have an interest in making sure that no one city is contributing an unreasonable amount of risk to LMCIT. After all, if one city's premises and operations are exceptionally hazardous, all of LMCIT's other member cities will potentially have to help pay for the losses that result. The loss control - visits help assure all of the cities that they are not subsidizing someone else's unsafe practices. (OVER) N O T E T O F I L E DATE: December 5, 1988 FROM: W. Michael Everist SUBJECT: City of Shakopee A loss control visit was made to the City of Shakopee after a letter was received by the agent for the City of Shakopee with regards to the current brick sidewalk installation program. A review of the sidewalk brick installation program shows that a competent engineering and construction program is in effect with regards to the brick sidewalk. The brick currently being installed is an abraded, non-slip type brick. The bricks are laid on a very substantial base with a sand grouting. The sidewalk is designed to have an annual inspection and maintenance upgrade program to level any bricks which may sink during the year. During this review it was noted that an upgrade needs to be done on the current sidewalk inspection and maintenance program for the whole city. It was noted during this visit that the previous city administrator, Mr. John Anderson, has left and has been temporarily replaced by Mr. Dennis Kraft. WME/cp Lust CON ROL GrGV 1 ' 1988 183 University Ave.East St.Paul,MN 55101.2526 League of Minnesota Cities (612)227.5600(FAX:221.0986) November 14, 1988 Mike Everist North Star Risk Services, Inc. 1401 West 76th Street Suite 550 Minneapolis, MN 55423 Dear Mr. Everist: LMCIT received an inquiry as to a municipality's responsibility for sidewalks, built by private property owners, parallel to the street, where the public sidewalk would be if a public walk were built. The problem posed occurs when the sidewalk does not extend the length of the whole block. Perhaps a number of property owners have built similar sidewalks, but some have not, and gaps exist in the sidewalk thus created along the block. The general rule is that the duty of keeping a sidewalk in a reasonably safe condition for travel is upon a city or municipality, not on the abutting owners or occupants. Sternitzke v Donahue's Jewelers, 249 Minn. 514, 519 (1957) A sidewalk is part of a street and a municipality, which is given exclusive control of the streets or sidewalks, is required to exercise reasonable care in keeping them in a safe condition. The municipality is liable to any person who is injured as a result of want of such care. Id. at 520. [T]he duty . is placed on the city and is not on abutting owners or occupants unless they created the defect or dangerous condition or were negligent in maintaining in a dangerous and defective condition facilities erected on the sidewalk for their convenience or for the benefit of their building. Sternitzke v Donahue's Jewelers, 249 Minn. at 519-20. The city's duty of reasonable care includes a duty of reasonable expection. To impose liability, however, for injuries resulting from a defect, the city must have had actual or constructive notice of the defect. Smith v. Village of Hibbing, 272 Minn. 1 (1965) The city must have had knowledge of the condition, or the condition must have existed for a sufficient length of time so that the city should have known of it, Page 2 of 4 yet failed to take steps to remedy it. Scott v. Village of Olivia, 260 Minn. 346 (1961) What constitutes a sufficient length of time depends upon the facts of the particular case. Hall v. Ci tv of Anoka, 260 Minn. 188 (1961) . The plaintiff has the burden of proof that the city knew of the defect, or that the defect existed for a sufficient length of time so that it should have been discovered and corrected by the city. Id. If a private property owner constructs a sidewalk in the place where public sidewalks are usually built, but where the municipality has, for whatever reason, chosen not to build a sidewalk, is the municipality liable for defects or lack of maintenance which results in injury to a user? The answer seems to be -yes.- In Graham v. City of Albert Lea, 48 Minn. 201 (1892) , a property owner abutting a public street built a sidewalk parallel to the street along his property. The city had acquiesced in the owner's action and built crosswalks over the sidewalk constructed by the property owner. A passerby was injured on the sidewalk and brought an action against the city. The city disclaimed responsibility for the existence of the sidewalk, as well as for its maintenance and repair. The Court held that the city authorities so acted in reference to this walk as to hold it out to the people as a public thoroughfare. The city therefore assumed the duty of keeping it in repair. Id. at 205 The court said that where a sidewalk is placed in the street to be used by the public as a part of it, and is permitted by the municipality to remain and be so used, the -city has a duty to see that it is in a safe condition for such use. Id. [Where] a municipality permits a private citizen to build a sidewalk in front of his premises, and the same is to be used by the public, the duty devolves upon the corporation to see that it is kept in repair. Graham v. City of Albert Lea, 48 Minn. at 206 In succeeding cases, the Supreme Court of Minnesota has said that when the owner of adjacent property constructs a sidewalk which replaces or completes a public sidewalk, even without the city's express authority, the municipality must exercise a reasonable supervision over such construction and must seasonably remedy any defects. Stellwagen v. City of Winona, 54 Minn. 460, 463 (1893) , Blyhl v. V111age of Waterville, 57 Minn. 115 (1894) . On the other hand, in Holmwood v. City of Duluth, 134 Minn. 137 (1916) the owner of adjacent property built a sidewalk along the street front of his building where no sidewalk had existed. There was no evidence. that the authorities had ever approved either the construction or the manner in which it was done. The city never made any attempt to assume control of the sidewalk, or repaired or maintained the sidewalk. When a user was injured because of an alleged defect in the Page 3 of 4 sidewalk, the user sued the city for damages. The Court held the city was not liable because there was no evidence that the city had ever assumed control of that particular stretch of sidewalk. However, the Court said that the rule might be different had the city, in fact, assumed jurisdiction of that part of the walk and treated it as part of the public thoroughfare. Id. at 139 (emphasis added) . The actual result of Holmwood is probably irregular, despite the pains the Court took to point out that the city had not assumed control. The prevailing attitude seems to be that permitting a privately built sidewalk to exist where a public sidewalk would be expected to exist is sufficient to constitute assumption of control. The basis of liability in these cases seems to be the -invitation principle.- Cased, Street and Sidewalk Safety: The Scope of the Municipal Duty in Minnesota, 45 Minn. L. Rev. 333, 355 (1961) . The essence of the principle is that, if a private walkway runs along the same place a public walk would run, if there were one, an invitation to the traveler is implicit in the existence of the walk. This invitation is the invitation of the city, not of the private owner. Id. The reason is that the traveler would not suspect that the walk had been provided by a benevolent private party rather than by the city. Id. Similarly, if a walkway runs from the public walk to a private house, the traveler would normally think that the walk had been provided by the private owner, not the city. The invitation implicit is that of the owner. The owner is responsible for injuries on that connecting walk. To lessen the burden of its duty, a city may, by ordinance, require property owners to maintain and repair sidewalks that are adjacent to or abutting their property. However, if the abutting owners neglect their duty under the ordinance, the city is responsible. In such cases, the city must do the necessary maintainence and repairs, but may charge the costs to the property benefitted. Minn. Stats. 412.211 and 412.221 subd. 6. Cities may also, by ordinance, establish sidewalk improvement districts and have authority to defray all or part of costs of construction and repair of sidewalks therein by apportioning costs to all the parcels located in the district on a direct or indirect benefit basis. Minn. Stat. 435.44 subd. 1. Thus, if in a particular neighborhood, where the city had not laid sidewalks, but some of the private property owners did, the city may pass and ordinance requiring the whole neighborhood to have sidewalks, thereby filling in any gaps. Costs could be assessed according to the provisions of 435.44. If a city chose neither to incur this cost itself, nor to pass the cost to the benefitted properties by assessment, it would still be liable for maintenance and repair of the sidewalk thoroughfare that Page 4 of 4 was created by the property owners, as the case law outlined above indicates. Therefore the city would want, at a minimum, to insure that any gaps in the sidewalk were not abrupt. The ends of the sidewalks should be graded to meet the unfinished sidewalk area. I am sending you copies of the applicable ordinances and a copy of a 1986 LMC research memo on local improvements. The memo relates to improvements under Minn. Stat. 429 but also refers to Minn. Stat. 435.44 (on page 7) . Cities should always consult with their attornies and other responsible officers or officials before pursuing a particular course of action. I hope this has been of help. Sincerely, Allen Jacobson, LMCIT Research Asst Enclosures CC: Doug Gronli, GAB Bob Weisbrod Dave Drugg Doug Holm rdONSENT VC' 14.11 4: 1 association of Board of Directors metropolitan President municipalities .a'..denim Moron od Vice President December 29, 1988 .air,P.pehe, goLtmsdale Mr. Dennis Kraft Past President City Administrator B.il r,.pideraon 129 E. 1st. Ave. Bloomington Shakopee, MN. 55379 Directors Dear Mensor nddicks,Jr. Mr. Kraft: Minneapolis It is my privilege as President of the Association of Metropolitan F.r.n Anderson Municipalities (AMM) to write this letter to transmit your 1989 Minnetonka Dues Statement. This is the AMM' s 15th, year of service to metro Larn•Bakk.n area cities and I am proud of its record of success and Golden Valle, accomplishments over this period of time. Mark Bempa,dso^ .no We must remain alert, however, in our efforts to maintain and Edward fiepal enhance the ability of cities to satisfy the needs of our .,idle, constituents in the most effective and responsive manner. The AMM Ke.in fnae�l is a leading force in lobbying to preserve local control and Mendou neigh. decision making as well as serving as a vehicle for sharing the costs of providing necessary information and services which would caroidonnaon be too expensive on an individual city basis. .Inn....In. Sharon nlumpp We look forward to working with you and your Mayor and Dakdai. Councilmembers during 1989 as we seek common goals. Your Mord c.Long participation and financial commitment are necessary if we are to $spam succeed. I am happy to report that the AMM Board limited the dues increase to 4% to be consistent with the limitations placed on Diene L.L,na" cities for calendar year 1989. Together the AMM works! M.Pam Gerald Marshall sine /odCouncilmember Gerald n pan Donald Xam,tad Maple Grove wnliam Baed y AMM President ,nee,Do. ii.,pM, Maple Henry D.sm new Bnemon ACTION REQUESTED Leslie D.Turner 1. Approve 1989 dues, in the amount of $2,119.00, for Mark membership in the Association of Metropolitan Municipalities. Glona Vierling 2. Move to appoint Gloria Vierling as delegate and Dennis Kraft BBakopee as alternate delegate to the Association of Metropolitan Executive Director Municipalities for 1989. (This is agreeable to the Mayor, Vern penerson Gloria Vierling and Dennis Kraft) 183 university avenue east, at. paul, minnesota 55101 (612) 227-4008 ASSOCIATION OF METROPOLITAN MUNICIPALITIES 183 University Ave. , East St. Paul , Minnesota 55101 C_ DUES STATEMENT FOR 1989 Shakopee City 183 University Avenue, East St. Paul , Minnesota 55101 By action of the Board of Directors, the 1989 dues schedule for membership in the Association of Metropolitan Municipalities has been set at the city' s 1988 AMM dues amount plus 4% (total rounded to the nearest dollar) or $100, whichever is greater . The membership dues in the Association of Metropolitan Municipalities for the year beginning January 1 , 1989 and ending December 31 , 1989 are $ 2.204 for the City Of Shakopee_ ( 1988 dues $ 2,119 x 104%) . I declare under the penalties of law that the foregoing amount is just and correct and that no part part of it has bb�'een paid. EY Vern Pet /rExecutive Director Association of Metropolitan Municipalities The records indicate that Gloria Vierl na is the designated delegate and D nn+ K of is the designated alternate to the Association of Metropolitan Municipalities from your city. Please inform us if our records are incorrect or if your city desires to make a change in your designated delegate/alternate status . 9e?- Amendment to Feasibility Report for 3rd Avenue West Sanitary Sewer & water Improvements Attached is a response from SPUC in regards to the proposed sewer and water on 3rd Avenue , west of Harrison. As stated in the memo, they are requiring this watermain to be looped. This estimated. costof -the aArL;t.+.nna_J .w-"Y.rr..main ---L.- i�lrv��.• - Construction Costs $65,000.00 10% Contingency 6 ,500 .00 25% Engr. & Admin. Fees 16 .000 .00 $87 ,500 .00 The assessments for this additional watermain can be divided up using several alternatives. 1 . Add the $87 ,500 .00 into the overall project cost and assess to all properties equally on a per acre basis. 2. Add the entire $87 ,500 .00 into the assessment for O.T.B. , Inc. j 3• Request that SPDC and the property owner O.T.B. , Inc. , reach an agreement to share in this additional cost. The rationale for this is that some of the watermain required is solely for the purpose of completing the loop , which benefits the overall watermain system rather than any one individual property. Staff recommends that Alternative No. 3 be explored to assess the additional watermain changes. Attached is a map showing the additional watermain required , a detailed cost estimate and a preliminary assessment table based on Alternative No. 1 above. DH/pmp AMEND r a � rfl PROPOS zz gD WATERM - _ i - Stijl, _ 1 ft ly_yi IL. � R�L�R{ 1VERVIEW 1• PARK ",! r All AV apQ _ \ fith r i la V . iAV 1 'Air ri //. 431 / 177 i. I —. j� c - it •.J!! t ,�, IN fJ/ �J M. IN lCtA / 160 .,S - 199 . 193 _ 12 168LUTm --I CHUB � k _ 4_ y r�20B 33- ADDITIONAL NATERMAIN COST ESTIMATE UNIT ITEM QUANTITY PRICE TOTAL 1 . 8" D. I.P. 1 ,600 L.F. $ 22.00/L.F. $35,200.00 2. 8" Gate Valve 2 EA. $ 450 .00/EA. $ 900.00 3. Hydrant 3 EA. $1 ,600.00/EA. $ 4,800.00 4. Rock Excavation 500 C.Y. $ 40 .00/C.Y. $20 ,000 .00 5. 10th Ave. L.S. $3,500 .00 $ 3,500 .00 Restoration (C&G, Bituminous Class 5 , Etc. ) 6. Seed, Mulch & 0 .75 AC. $1 ,200 .00/AC $ 900 .00 Topsoil TOTAL CONSTRUCTION COSTS $65,3DO.00 9 �- SPECIAL ASSESSMENTS 3rd Ave W. Sanitary Sewer & Water Improvements 13-Jan-89 1 ALT. 1 ASSESSABLE COST: :ALTERNATIVE IIALTERNATIVE %291 ,000.00 1$1 ., 131 .7690 :%10,809.2509 ALT. 2 ASSESSABLE COST: per acre 1 per acre $2339,5333.00 Proposed Proposed PID i Property Owner !Acreage! Assessments I Assessments _______________________________________________________________________________- 27-015013-0 :Lawrence Link 1 .27 1 $16,677.35 1 $13,727. 75 : 1400 3rd Ave. W. !Shakopee, MN 55379 27-015015-0 !Paul Sullwold & Wm Jirik 2.26 1 $29,677.80 I $24,428.91 11420 3rd Ave. W. !Shakopee, MN 553379 27-015014-0 !Helen C. Link; 1 4.54 : $59,618. 23 1 $49,074.00 112831 Link Drive !Shakopee, MN 55379 27-112025-0 1O.T.S. Inc. 1 12.82 1 $168,349.26 ! $138,574. 60 1119 S. Lewis St. I !Shakopee, MN 55379 27-911016-1 !Cletus J. & Helen L. Link 1.27 1 $16,677.35 ! $13,727. 7= 112831 Link Drive !Shakopee, MN 55379 ! 1 22. 16 1 $291 ,000.00 $239,533.00 ASSESSMENT CALCULATIONS Cost per acre = Total Project Cost/Total Acreage _____________________________________________________ Alternative 1: Cost per acre = $291 ,000/22. 16 = $13, 131.7690 per acre _____________________________________________________ Alternative 2: Cost per acre = $239,533/22. 16 = $10,809.2509 per acre / Gl. MEMO TO: Dennis Kraft, Acting City Administrator( FROM: David Hutton, City Engineer � \ 1 SUBJECT: 3rd. Avenue Between L7� Harrison Street & Highway 169 DATE: January 9 , 1989 INTRODUCTION: Attached is Resolution No. 3009 for Council consideration which Orders Plans & Specifications for 3rd Avenue Sewer and Water, Between Harrison Street and Highway 169 . BACKGROUND: On August 16, 1988 City Council received a petition for sanitary sewer and water improvements to 3rd Avenue between Harrison Street and Highway 169 and ordered the preparation of a feasibility report by Resolution No . 2937 . The feasibility report was distributed to Council on December 20 , 1988 and subsequently a public hearing was scheduled for January 17 , 1989 . The proposed improvements consist of installing sanitary sewer and watermain on 3rd Avenue between Harrison Street and Highway 169 . Staff will give a short presentation on the feasibility report for the street at the public hearing. At the conclusion of the public hearing if Council wishes to proceed with the project, Resolution No. 3009 which orders the preparation of the plans & specifications for the project is attached for Council consideration. ALTERNATIVES: Depending on the testimony received at the public hearing , Council has the following alternatives: 1 . Determine that the project is not in the best interest of the City and do not proceed any further with the project. 2. Determine that the project should proceed and order staff to prepare plans & specifications for the 1989 construction season. RECOMMENDATIONS: Staff recommends Alternative No. 2, to proceed with the project and order staff to prepare plans & specifications for the 1989 construction season. ACTION REQUESTED: Offer Resolution No. 3009, A Resolution Ordering an Improvement and the Preparation of Plans & Specifications for Sewer and Water on 3rd Avenue Between Harrison Street and Highway 169 , Project No. 1989-2 and move its adoption. DH/pmp HEM3009 1 °'/ RESOLUTION NO. 3009 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For 3rd Avenue Between Harrison Street and Highway 169 Project No. 1989-2 WHEREAS, Resolution No. 2998 adopted on December 20 , 1988 , fixed a date for Council hearing on the proposed improvement of 3rd Avenue between Harrison Street and Highway 169 by sewer and water; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 17th day of January 1989 , at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the improvement is ordered as hereinafter described: 3rd Avenue between Harrison Street and Highway 169 by sewer and watermain installation. 2. David Hutton, City Engineer is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 • Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19-- City 9_-City Attorney RESOLUTION NO. 3008 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For The Alley in Block 7 of the Jasper & Smith Addition Project No. 1989-3 WHEREAS , Resolution No. 3002 adopted on January 3 , 1989 , fixed a date for Council hearing on the proposed improvement of the Alley in Block 7 of the Jasper & Smith Addition; and WHEREAS, ten days published notice of the hearingthrough two weekly publications of the required notice was given and the hearing was held on the 17th day of January 1989 , at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the improvement is ordered as hereinafter described: Construction of Bituminous Pavement to the Alley in Block 7 of the Jasper and Smith Addition located between Scott and Atwood Streets and Shakopee and 10th Avenues. 2. David Hutton, City Engineer is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19_• Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19—. City Attorney 1 MEMO TO: Dennis Kraft, Acting City Administrator FROM: David Hutton, City Engineer V jY-L SUBJECT: Alley in Block 7 of the Jasper & Smith Addition DATE: January 9 , 1989 INTRODUCTION: Attached is Resolution No. 3008 Ordering an Improvement and the Preparation of Plans & Specifications for the Alley in Block 7 of the Jasper & Smith Addition. BACKGROUND: On December 20 , 1988 City Council accepted a petition and ordered the preparation of a feasibility report for improvements to the Alley in Block 7 of the Jasper & Smith Addition by Resolution No. 2997. The feasibility report was distributed to Council on January 3 , 1989 and subsequently a public hearing was scheduled for January 17, 1989 . The proposed improvements consists of paving the alley with 2 inches of bituminous concrete placed on a 6 inch gravel base . Staff will briefly go over the feasibility report at the public hearing. At the conclusion of the public hearing, if Council wishes to proceed with the project, Resolution No . 3008 is attached for Council consideration. ALTERNATIVES: 1 . Determine that the project should proceed and order staff to Prepare the plans & specifications by adopting Resolution No. 3008. 2. Determine that the project is not in the best interest of the City and do not proceed any further with the project. RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Offer Resolution No. 3008, A Resolution Ordering an Improvement and the Preparation of Plans & Specifications for the Alley in Block 7 of the Jasper & Smith Addition, Project No. 1989-3 and move its adoption. DH/pmp low MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Douglas K. Wise, City Planner RE: Preliminary Plat of Kubes 2nd Addition DATE: January 11, 1989 INTRODUCTION• At their meeting on January 5, 1989, the Planning Commission held a public hearing and reviewed a preliminary plat submitted by Mr. Randy Kubes for 7 lots located on the Northeast corner of the intersection of County Roads 72 and 79. Following the public hearing, the Planning Commission offered and passed a motion recommending to the City Council that the preliminary plat be approved subject to conditions. BACKGROUND: Mr. Randy Kubes submitted an application for preliminary plat approval to subdivide 43.98 acres into seven lots ranging in size from 3.8 acres to 10 acres. The proposed subdivision is located in the very Southwest corner of the City at the intersection of County Roads 72 and 79. The property is zoned R- 1. Mr. Kubes has another plat named Rubes 1st Addition on record with the Scott County Recorder. Although the first plat is not located in the City of Shakopee, the County does not allow the recording of more then one plat with the same name. The City Clerk has indicated that she is not opposed to having the plat entitled Kubes 2nd Addition. The following is a brief review of the major issues regarding this plat discussed at the Planning Commission meeting: 1. Mr. Kubes has proposed seven lots each with direct access onto County Roads 72 and 79. Both County roads are gravel roads handling a minimum of traffic. Of the two, County Road 79 carries the most traffic and has the greatest potential for future upgrading. The County Engineer has recommended tgat the City minimize the number of accesses onto County Road 79. The Planning Commission is recommending a condition be placed on the plat which would allow only two accesses onto County Road 79. 2. Drainage from this property currently flows to the West via two culverts located under County Road 79. One culvert is located about mid-point along the West property line, the second culvert is located immediately to the North of the property. The City staff has been contacted by both the property owner to the West and to the North, these property owners have indicated their concern that the development of this property not alter the existing drainage and increase run-off onto their property. The property owner to the West / 6CL_ appeared at the public hearing and requested that the County consider enlarging the existing culverts to allow for faster drainage of water which would hopefully eliminate flooding problems which now occur on his field. Currently, the culvert just North of the property carries the greatest amount of water and the Northwest corner of the property does retain water when a heavy rain occurs. The property owner to the North is particulary concerned that the owners of Lots 1 and 2 not alter or eliminate the existing retention area located on the Northwest corner of this property. Normally with lots of this size the alterations to the topography is very minimal, the property owner usually only regrades the area immediately surrounding the building site. The Planning Commission has recommended a conditions addressing the drainage issue. 3 . The developer has done a soil test for each of the lots. Percolation test results range from 12 - 22 minutes per inch. This result indicates good soil absorbtion rates for on-site sewage treatment systems. The soil borings, however, do show mottling occurring at depths between 2 - 3 feet on some of the sites. This may necessitate the use of mound type on-site sewage treatment systems on some of the lots. The City staff does not foresee any problem with the installation of on-site sewage treatment systems that can not be resolved by changing the location or design of the system. ALTERNATIVES• 1. The City Council could offer and pass a motion approving the preliminary plat for Kubes 2nd Addition subject to the conditions recommended by the Planning Commission. 2. The City Council could offer and pass a motion approving the preliminary plat for Kubes 2nd Addition subject to conditions different then recommended by the Planning Commission. 3. The City Council could not take action on the preliminary plat for Rubes 2nd Addition at this time and direct staff to provide additional information to the City Council regarding unresolved issues. PLANNING COMMISSION RECOMMENDATION: At their meeting on January 5, 1989, the Planning Commission offered and passed a motion recommending the approval of Kubes 2nd Addition, subject to the following conditions: 1. Approval of a Title Opinion by the City Attorney. 2. Payment in lieu of land dedication for park purposes is required. 3. Each lot will be allowed only one access, access permits shall be required from the County Engineer. Lot 3 shall only be allowed access onto County Road 72. 4. All existing drainageways must be maintained. a. Final plat must contain a grading plan. b. Tile drains must be identified on the plat and provisions for maintenance be incorporated. C. Grading permits will be required for construction of driveways on Lots 1 and 2 for the purpose of recognizing and minimizing the impact on the water retention basin. 5. Secure determination of wetland status from the DNR and the Army Corp. of Engineers. 6. Petition the County for drainage review. ACTION REODESTED: Offer and pass a motion approving the preliminary plat of Kubes 2nd Addition subject to conditions. lob MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Douglas K. Wise, City Planner RE: Amendment to Shakopee Valley Square PUD DATE: January 11, 1989 INTRODUCTION• At their meeting on January 5, 1989, the Planning Commission offered and passed a motion recommending to the City Council that the Shakopee Valley Square Planned Unit Development (PUD) be amended to allow a water ski show to be conducted on the Minnesota River. The Planning Commission also recommended conditions of approval. BACKGROUND: Mr. Wallace Bakken previously received approval from the City for a PUD which includes expansion of the existing Shakopee Valley Motel, a restaurant and a campground complex. He is presently requesting an amendment to the PUD to allow Lynch Enterprises to conduct a water ski . show on the property (see enclosed proposal) . The proposed water ski show would be conducted throughout the summer season with two shows per day being offered. Maximum seating capacity for the shows would be 250-500 people with a proposed parking facility capable of accommodating 63 cars. The proposed amendment would reallocate space previously designated for the campground and future lodge facilities for use by the water ski show. The water ski show area along the river bank would include the construction of bleachers, a stage, concession stands and rest rooms. The water ski show would also include construction of a parking lot located Northeast of the existing motel building on the upper bluff level. The water ski show would utilize a horse drawn people mover to transport people from the parking lot to the show area. The Planning Commission reviewed the proposed amendment and opened a public hearing at it's meeting on December 8, 1988. The hearing was then continued until the Commission's January 5, 1989 meeting, after which the Commission took action to recommend approval of the amendment. For additional background information and a discussion of the key issues involved in this project please refer to the attached staff report prepared for the December 8, 1988 meeting, the follow-up memo prepared for the January 5, 1989 meeting, and the bound proposal submitted by the applicant. ALTERNATIVES• 1. The City Council could offer and pass Resolution #3011 approving the amendment to the Shakopee Valley Square Planned Unit Development and Development Agreement containing the conditions for approval recommended by the Planning Commission. 2. The City Council could offer and pass Resolution #3011 approving the amendment to the Shakopee Valley Square Planned Unit Development and Development Agreement after changing conditions of approval outlined in the Development Agreement. 3 . The City Council could not take action at this time on the amendment to the Shakopee Valley Square Planned Unit Development and direct staff to provide additional information to the City Council on any unresolved issues. 4. The City Council could offer Resolution #3011 and then vote to deny the amendment to the Planned Unit Development, and then indicate the reason for denial. PLANNING COMMISSION RECOMMENDATION. At their meeting on January 5, 1989 the Planning Commission offered and passed a motion recommending to the City Council approval of the amendment to the Shakopee Valley Square PUD subject to the conditions outlined in the attached development agreement (alternative #1) . ACTION REOUESTED• Offer and pass Resolution #3011 approving the amendment to the Shakopee Valley Square Planned Unit Development and development agreement. - II Ib RESOLUTION NO. 3011 A Resolution Approving the Amendment to the Final Plan and Development Agreement for Shakopee Valley Square First Addition Planned Unit Development WHEREAS, the Planning Commission of the City of Shakopee did approve amendments to the Final Plan and Development Agreement for Shakopee Valley Square First Addition Planned Unit Development on January 5, 1989 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 Plan and Development Agreement for the Shakopee Valley Square First Addition Planned Unit Development, hereby is amended with the requirements contained in the Development Agreement Amendment, attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that the Mayor and City Clerk and the same are hereby authorized and directed to execute said approved Plan and Development Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of , 1989. City Attorney DEVELOPMENT AGREEMENT AMENDMENT This agreement made and entered into this day of , 1989, by and between the City of Shakopee, a municipal corporation organized under and pursuant to the Laws of the State of Minnesota and located in the County of Scott and State of Minnesota hereinafter called "City" and Shakopee Valley Square Properties hereinafter called "Owner". WITNESSETH: WHEREAS, the Owner has made application to the City Council for approval of an amendment to the Planned Unit Development (PUD) known as Shakopee Valley Square First Addition within the corporate limits of the City of Shakopee to be known as Shakopee Valley Square First Addition legally described in Exhibit "A" hereto attached and made a part hereof. NOW THEREFORE, in consideration of the approval by the City of the amendment to the PUD above referred to and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, it is hereby agreed that the approval of said amended PUD shall be subject to the following conditions: 1. The Development Agreement for the previously approved PUD entered into on December 1, 1987 by the City of Shakopee and Shakopee Valley Square Properties, and all conditions contained therein, shall remain in effect except for condition $16 which addresses road width requirements. One way access roads shall be a minimum of 20' as required by the Uniform Fire Code, the 25' width requirement for two-way roadways will remain in effect. 2. Prior to the issuance of a final certificate of occupancy for the camp ground and water ski show: a. All items listed on the August 5, 1988 and December 22, 1988 letters to Mr. Bakken from the City Building Department must be completed. b. Construction of a second entrance road must be complete. C. No temporary permits are to be issued for the camp ground or water ski show. d. The Planning Commission shall be notified of compliance and issuance of the final certificate of occupancy. 3 . All structures for the water ski show must be removable and be removed each fall at the end of the season and prior to any flooding. Electrical service for the structures must have a safety shut off located outside the floodplain and wires shall not be located in a manner that will obstruct flow of possible flood waters. 4. Parking a. The applicants shall limit the number of cars parking in the parking lot for the water ski show to 63. No parking for the show will be allowed on the street or in other parking lots. b. The parking lot must be constructed to include at least 63 spaces in addition to the parking spaces required for the first phase of the Shakopee Valley Square PUD previously approved. C. Dust control measures will be required on an ongoing basis. 5. Evening shows shall not begin before 8:00. Afternoon shows shall not begin after 4:00 and within one hour of the opening of Canterbury Downs. 6. Approval of this amendment to the PUD does not include Shakopee Planning Commission approval of the future lodge buildings to be constructed Northeast of the existing Motel shown on the previously approved PUD. Prior to construction of either of these buildings an amendment to the PUD must be approved by the City. In approving such an amendment request, the city shall determine that adequate parking for these buildings can be provided on the site. The owner shall submit to the city a new plan removing the lodge buildings and showing the other changes approved by this amendment prior to issuance of a certificate of occupancy. 7. The applicant shall furnish copies of all permits required from the DNR, Health Department and Water Patrol prior to issuance of the final certificate of occupancy. 8. This amendment to the PUD incorporates approval of a conditional use permit for the Western Star Water Ski Show, excluding successors and assigns without previous approval from the Planning Commission. The method of operation shall be as outlined in the applicant's Request for Permit booklet, Section 5. The booklet should be adjusted to read 63 parking spaces. 9. After conclusion of the first season of the water ski show, the Planning Commission shall review the land uses approved by this amendment to insure compliance with the above conditions. IT IS MUTUALLY AGREED that this agreement will bind both parties hereto and successors and assigns of said parties. IN WITNESS WHEREOF, the City and the Owner have caused this agreement to be duly executed on the day and year first above written. CITY OF SHAKOPEE BY Mayor BY Acting City Administrator BY City Clerk IN THE PRESENCE OF BY Wallace D. Bakken, Partner BY Lyle A. Bakken, Partner E%H:E"° F /6 4- Lot 1, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota. That part of Lots 2 and 3, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota, described as follows: Beginning at the northwest corner of said Lot 2; thence northeasterly along the northerly line of said Lot 2, and Lot 3, a distance of 198.00 feet; thence southeasterly parallel with the easterly line of said Lot 2 to the southerly line of said Lot 3; thence southwesterly along said southerly line a distance of 150.00 feet; thence deflecting at an angle of 48 degrees 54 minutes to the right to the westerly line of said Lot 2; thence northerly along said westerly line to the point of beginning. That part of Lot 3, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota, lying easterly of the following described line: Commencing at the southeast corner of said Lot 3; thence southwesterly along the southerly line of said Lot 3 a distance of 150.00 feet to :the point of beginning of the line to be described; thence northwesterly at right angles a distance of 150.00 feet to the northerly line of said Lot 3 and there terminating. That part of Lot 2, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota, lying southwesterly of the following described line: Commencing at the southeast corner of said Lot 2; thence south- westerly along the southerly line of said Lot 2, a distance of 126.00 feet to the point of beginning of the line to be described; thence deflecting at an angle of 48 degrees 54 minutes to the right to the westerly line of said Lot 2 and there terminating. Lot 4, Black 1 , Halo Second Addition, -according to the recorded plat thereof, Scott County, Minnesota. i Together with that part of Government Lots 4 and 5, Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the northeast corner of Lot 4, Block 1, Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota; thence southeasterly along the easterly line of said Lot 4 to a point 310.00 feet northwesterly of the north right of way line of First Avenue and parallel with Naumkaeg Street; thence North 79 degrees 17 minutes 51 seconds East parallel with said First Avenue to a line 73.00 feet westerly of and parallel with the east line of said Government Lot 5; thence North 0 degrees 10 minutes 51 seconds East parallel with said east line a distance of 63.30 feet; thence North 71 degrees 57 minutes 51 seconds East to the east line of said Government Lot 5; thence North 0 degrees 10 min- utes 51 seconds East along said east line to the waters edge of the Minnesota River; thence westerly along said waters edge to the intersection with a line described as follows: Commencing at a point on the east line of previously men- tioned Naumkaeg Street 889.00 feet northerly of the southwest corner of Block 31, East Shakopee, Minnesota, according to the recorded plat thereof; thence North 79 degrees 17 minutes 51 seconds East, parallel with the previously men- tioned First Avenue 601.20 feet to the point of beginning of the line to be described; thence North 11 degrees 03 minutes 07 seconds West, parallel with said Naumkaeg Street to the waters edge of said Minnesota River and there ter- minating. Thence South 11 degrees 03 minutes 07 seconds East along the last described line to the point of beginning of said line; thence South 51 degrees 41 minutes 07 seconds East to the intersection with a line 100.00 feet westerly of and parallel with the .east line of said Government Lot 4; thence South 0 degrees 04 minutes 06 seconds West along said parallel line to the northwest corner of Halo First Addition, according to the recorded plat thereof; thence South 68 degrees 20 minutes 48 seconds East along the northeasterly line of said Halo: First Addition to the intersection with a line described as follows: Commencing at the northeast corner of said Lot 4, Block 1, Halo Second Addition; thence South 79 degrees 17 minutes 51 seconds West along the northerly 'line of said Lot 4 a distance of 366.35 feet; . thence North 9 degrees 36 minutes 05 seconds West a distance of 244.75 feet; thence South 81 degrees 45 minutes 03 seconds West a distance of 365.00 feet to the point of beginning of the line to be described; thence South 6 degrees 35 minutes 19 seconds West to the northeasterly line of said Halo First Addition and there terminating. Thence North 6 degrees 35 minutes 19 seconds East along the last described line to the point of beginning of said line; thence North 81 degrees 45 minutes 03 seconds East a distance of 365.00 feet; thence South 9 degrees 36 minutes 05 seconds East to the northerly line of said Lot 4, Block 1, Halo Second Addition; thence easterly along said northerly line to the point of beginning. Together with that part of Outlot A, Halo First Addition, according to the recorded plat thereof, Scott County, Minnesota, lying easterly of the following described line: Commencing at the east corner of said Outlot A; thence westerly along the southerly line of said Outlot A distance of 66.00 feet to the point of beginning of the line to be described; thence northwesterly to a point on the northeasterly line of said Outlot A lying 120.00 feet (as measured along the northeasterly line of said Outlot A) northwesterly of the east corner of said Outlot A. Together with that part of Government Lots 4 *and 5 described as follows: Commencing at the northeast corner of Lot 4, Block 1, Halo Second Addition, according to the recoreded plat thereof, Scott County, Minnesota; thence south- westerly along the northerly line of said Lot 4 a distance of 366.35 to the point of begindino of the land to be described; thence North 9 degrees 36 min- utes 05 seconds West a distance of 244.75 feet; thence South 81 degrees 45 min- utes 03 seconds West a distance of 365.00 feet; thence South 6 degrees 35 minutes 19 seconds West to the northeasterly line of Outlot A, Halo First Addition according to the recorded plat thereof, Scott County, Minnesota; thence southeasterly along said northeasterly line to the east corner of said Outlot A; thence northeasterly along the northerly line of said Lot 4 to the pointof beginning. Except that part of said Government Lot 5, described as follows: Commencing at the northeast corner of said Lot 4, Block 1, Halo Second Addition; thence south- westerly along the northerly line of said Lot 4, a distance of 366.35 feet; thence South 79 degrees 23 minutes 47 seconds West a distance of 55.05 feet to the point of beginning of the land to be described; thence North 10 degrees 39 minutes 24 seconds West a distance of 189.87 feet; thence South 79 degrees 17 minutes 35 seconds West a distance of 117.28 feet; thence South 10 degrees 33 minutes 02 seconds East a distance of 177.60 feet; thence South 18 degrees 56 minutes 02 seconds West to the northerly line of said Lot 4; thence northeasterly along said northerly line to the point of beginning. . CITY OF SHAKOPEE - INCORPORATED 1870 AGENDA 170. 5 S, STAFF REPORT MEETING DATE: December 8, 1988 RESOLUTION NO. : PREPARED BY: Douglas K. Wise APPLICANT APPLICABLE PROVISIONS: Section 11.40, Subd. 6, 11.24, Subd. 3 G, 11.29, Subd. 3 M. PROPOSAL: Amendment to the existing Shakopee Valley Square PUD to allow a water ski show. LOCATION: 1251 E. First Ave. APPLICANT: Lynch Enterprises Inc. & Wallace Bakken SITE DATA. ZONING: Bl & Ag ACREAGE: 29.6 acres MUNICIPAL UTILITIES : yes ADJACENT ZONING AND LAND USE: N- Ag/Minnesota River S B-1 E- B-1 & Ag W- B-1 & Ag CONSIDERATION• 1. Mr. Wallace Bakken previously received approval of a Planned Unit Development (PUD) from the City. He is requesting an amendment to the PUD to allow Lynch Enterprises to conduct a water ski show on the property (see attached proposal) . Because the proposed commercial recreation activity requires both an amendment to the existing PUD and a Conditional Use Permit, the most restrictive requirement shall apply. It is staff's interpretation that the PUD requirement is more restrictive than the Conditional Use Permit because the PUD requires the submission of more information, approval by the Planning Commission and City Council, and execution of a development agreement. 2 . Mr. Bakken received approval from the City for the PUD which included several phases. The first phase was construction of a campground facility followed by subsequent phases including expansion of the motel and construction of a restaurant and future lodge facilities. To date, Mr. Bakken has partially constructed the campground facility. The portion for which construction has occurred includes approximately 50 RV pads plus construction of a shower building and a. small temporary check-in building. Mr. Bakken has not yet started rehabilitation of the former treatment buildings for the campground nor has he begun construction on the remainder of the campground facility. In the summer of 1988 Mr. Bakken requested from the Building Department a temporary certificate of occupancy to allow him to open the portion of the campground which has been constructed. On August 5, 1988 the Building Department issued a conditional certificate of occupancy listing a number of items that must be completed, as well as requiring deposit of a check for $7500 to insure completion of these deficiencies (see attached letter) . The Building Inspection Department has indicated that many of these items have not yet been completed. One item has been completed by the Shakopee Public Utilities, that is the improvements to the fire hydrant North of the motel. This improvement was made and will be charged toward the deposit check because the fire hydrant was not in usable condition and posed a fire safety hazard. 3 . As noted in the Building Department letter the existing roadways constructed within the campground facility do not meet either the conditions of approval of the PUD or Fire Code Standards. The City Fire Chief has recommended that the proposed water ski show not be allowed to commence until such time as the roads have been constructed to Fire Code Standards. The Fire Chief has indicated that the existing roadways within the campground facility can not accommodate emergency vehicles and need to be improved both in terms of compaction and width. A second roadway as shown on the approved PUD in to the campground facility also needs to be constructed. 4. In reviewing the proposal the City Engineer raised concern about the impact of the additional traffic on the existing roadway system within the immediate area. After further review and discussion with the applicant the Engineer has determined that if the attendance is limited to 250 persons and starting times are staggered to not conflict with other major commercial recreation activities in the area and rush hour traffic, the proposed use will not have a significant impact on the surrounding traffic systems. 5. The proposed water ski show will also require permits from the Minnesota Department of Health, the water patrol, the DNR, and possibly a license from the City. The applicant has spoke to all of these agencies and permitting procedures will be undertaken as required. 6. People attending the proposed water ski show will park in a parking lot containing 73 spaces located NE of the existing motel. People leaving their cars in this location will then be taken to the show site by way of a people mover. Although the City Code only requires one space for each eight seats for theatres and athletic fields, the City staff feels that this would not be adequate parking. The staff is recommending that one parking space for each four seats as required for churches and auditoriums be included as a condition of approval. This would necessitate a total of 63 parking spaces designated specifically for the water ski show based on a maximum capacity of 250. The previous approval of the PUD required 30 parking spaces to serve the campground buildings and a proposed miniature golf facility, some of this parking was to be located in the same area as the proposed parking lot. Staff is recommending that the 63 spaces required be in addition to those required by the previous PUD plan approval. 7 . The applicants stated in their application that they are requesting a variance from the paving requirement for parking lots. The paving requirement in the City Code for parking and driveway facilities applies only to RV parks. Parking facilities serving other commercial recreation facilities are not required to have paved parking. Therefore, staff's interpretation is that paving of this parking lot to serve the water ski show specifically would not be required making a variance unnecessary. If the Commission feels that paved parking is necessary to protect the public safety and welfare, the Commission could recommend such a condition for approval. 8. The applicants also included in their proposal a request for a variance to allow them to attach signage for the water ski show to the existing Shakopee Valley Motel sign. The current zoning code allows for up to a 150 square foot free standing sign for properties with excess of 150 feet of frontage on the street. Because the existing Shakopee Valley Motel sign has only 78 square feet, it is staff's interpretation that a variance would not be required to add additional signage. If it is determined that the proposed signage does not comply with the existing sign code, the City staff is recommending that the applicants apply for a separate sign variance prior to planned construction of the sign. 9. In their review of the proposed water ski show the DNR has recommended that conditions be added requiring that all structures to be constructed for the water ski show be removal and that they must be removed prior to any flooding. The DNR has also recommended that the electrical service to the facility have a main shut off located above the flood plain so that electricity may be shut off prior to any flood occurring. Wires should also not be strung in a manner that could obstruct any floating debris should flooding occur. The DNR also has expressed concern regarding the use of the river for water skiing and that the structures in the river be located in such a way that pleasure boating up and down the river may take place at the same time as the show without interference from the show. Staff's understanding is that this will be regulated through a permit issued by the water patrol. FINDINGS• According to Section . 11.40 of the City Code regarding approval of PUD's the City shall make the following findings when approving a PUD: - 1. The proposed development is consistent in all respects with the City Comprehensive Plan. FINDING: The City staff has reviewed the Comprehensive Plan and found no areas in which the proposal is inconsistent with the plan. The plan addresses the safeguarding of flood plain areas in which the proposed use will be located. Based on the plan the City developed a flood plain protection ordinance which the proposal is in conformance with. The proposal is also in conformance with the requirements of the City's Zoning Ordinance which was developed to implement the Comprehensive Plan. 2. Where variances are requested, greater compatibility with surrounding land uses warrants the granting of variances. FINDING: The proposed amendment to the Shakopee Valley Square PUD does not require any additional variances. 16 1�- 3. The open space gain warrants the use of PUD to grant variances. FINDING: The original PUD was approved in conformance with this criteria. The proposed amendment will not significantly alter the open space within the PUD. 4. The final development plan is in substantial conformance with the approved preliminary development plan. FINDING: It is the conclusion of City staff that the proposed amendment to the PUD is not a substantial alteration of the plan or the proposed uses previously approved for this site. ALTERNATIVES• 1. The Planning Commission could pass a motion recommending to the City Council approval of the amendment to the Shakopee Valley Square PUD subject to conditions. 2. The Planning Commission could pass a motion recommending to the City Council that the requested amendment to the Shakopee Valley Square PUD not be approved. If this alternative is selected the Commission should state the reasons why the proposed amendment is not in conformance with the above findings. 3. After opening the public hearing and taking comment from the public, the Commission could determine that additional information is necessary before making a recommendation on this request. In that case the hearing could either be continued to the January meeting or the hearing could be closed and action postponed until the January meeting allowing for submission of additional information. RECOMMENDATION• Based upon the above findings, staff recommends alternative $1. If the Planning Commission recommends approval of the amendment to the Shakopee Valley Square PUD to the City Council, staff recommends that the following conditions be included in the recommendation: 1. All conditions attached to the approval of the previous PUD shall remain in effect. 2. Prior to issuance of either a conditional or final certificate of occupancy for the water ski show and structures, all items listed on the August 5, 1988 letter to Mr. Wallace Bakken from the City Building Department must be completed. 3. All roadways serving the campground facility and the water ski show area must be constructed to conform with the requirements of the approved PUD and Fire Code requirements prior to issuance of either a temporary or final certificate of occupancy. This shall include construction of a second entrance road. 4. All structures for the ski show must be removable and be removed each Fall at the end of the season and prior to any flooding. Electrical service for the structures must have a safety shut off located outside the flood plain and wires shall not be located in a manner that will obstruct flow of possible flood waters. 5. Attendance for any one show shall be limited to 250 persons. 6. Evening shows shall not begin before 8:00. Afternoon shows shall not begin after 4:00 and within one hour of the opening of Canterbury Downs. 7. The parking lot must be constructed to include at least 63 parking spaces in addition to the parking spaces required for the first phase of the Shakopee Valley Square PUD previously approved. 8. Approval of this amendment to the PUD does not include approval of the future lodge buildings to be constructed NE of the existing motel. Prior to construction of either of these buildings an amendment to the PUD must be approved by the City. In approving such an amendment request the City shall determine that adequate parking for these buildings can be provided on the site. 9. The applicant shall furnish copies of all permits required from the DNR, Health Department, and water patrol prior to issuance of the final certificate of occupancy. 10. This amendment to the PUD incorporates approval of a conditional use permit for the water ski show. 11. After conclusion of the first season of the water ski show, the Planning Commission shall review the land uses approved by this amendment to insure compliance with the above conditions. ACTION REOUESTED: Offer and approve a motion as outlined in either alternative #1, #2 or #3 listed above. 16 �✓ CITY OF SHAKOPEE INCORPORATED 1870 I 129 EAST FIRST AVENUE,SHAKOPEE, MINNESOTA 55379.1375 (612(A45.1550 ~ August 5, 1988 Mr. Wallace Bakken " 1251 East 1st Avenue Shakopee, MN 55379 Re: Building Permit No. 7922 Dear Mr. Bakken: This letter will serve as a temporary certificate Of occupancy subject to the following conditions: 1. Raise sewer standpipes above infiltration. "grade to prevent any water 2. Regrade and compact all roads for emergency vehicles (20 ' wide minimum) . 3. Trim trees to allow 15 ' clear above roadway for emergency vehicles - 4. Furnish 2 complete conies of as-built plans for sewer, water, shower building, roadways, boat land-Ung, dimensions tied _ _ c etc. with registered land surveyoProperty- ope -y lines or described by a 5. Replace top section of catch basin on Bluff Avenue damaoed curing construction. - 6. Obtain final electrical inspection. - 7. Obtain final State Denartnent of Health inspection and approval. - 8. Make shower buildings handicapped accessible: a. Provide one parking spot shower building. (properly signed) at each - b. Make buildings accessible with smooth paths 6 ' minimum width. C. Toilets - grab bars provided per code. This is a partial list becausebuildings are not complete; see Minnesota State Building Code "Facilities For The Handicapped" attached. - The Heart Of Progress Valley ."Eli._ 9. Raise hydrant north of motel per Shakopee Public Utilities approval. 10. Secure area with water meter and backflow preventer with 6 ' high minimum fence and lockable gate. 11. Remove all debris and brush from campground. 12. Repair water connection area to Commission ' s approval. Metropolitan t4zste Control 13. Complete roadways so that two way roads will measure 25 ' , one wav roads will measure 16 ' , an 8 ' stacking lane on entrance road will measure 100 '-150 ' . 14. Complete 5, 9 '-20 ' parking stalls. 15. Complete adequate turning radius at dumb station. 16. Replace broken section of sewer line. the valve controlling the main 17. Repipe the meter/backflow preventer area per SPDC regusrements . 16. Remove brush and debris from campground. 19. Install telephone for emergency use on shower building. 21, Apply„or burning permit to allow use of burning rings. durable posts to protect sewer standpipes. Your check for 57, 500 wits until items are completed. yn the held the above mentioned work wit'' two weeks, Went you fail to accomplish this any costs incur the C' -y complete incurred. _ the work -and deduct Before finai certi_` 'iczte of occupancy is issued: a• Pave all roads or b• Install 25 ' receive variance from Citv. C. Fwide second entrance road. urnish copies of all permits from DNR, and other regulatory agencies. e• CDept. of Health d• Furnish two copies of campground rules and re omply with Section 11. 051 Subd. 11- regulations 1Code dealing with R.V. Parks. o the She temporary certificate .of occupancy will exp+ this season. -re at the end of A permanent certificate of occupancy will be recuired 1989 season.. to open the MEMO TO: Shakopee Planning Commission FROM: Douglas K. Wise, City Planner RE: Amendment to Shakopee Valley Square PUD DATE: December 28, 1988 INTRODUCTION• The City has received an application for an amendment to the Shakopee Valley Square Planned Unit Development (PUD) to allow the conducting of a water ski show upon the property. At their meeting on December 8, 1988 the Planning Commission opened the public hearing on the request and continued the hearing until the January 5, 1989 meeting. CONSIDERATIONS• 1. At the December meeting, the Planning Commission instructed staff to meet with the applicant and furnish the Commission with a status report regarding items listed on the August 5, 1988 letter from the Building Department. The Building Department met with Mr. Bakken and performed an inspection of the property. Attached is a copy of the inspection report regarding completion of items outlined in the August 5, 1988 letter. The letter indicates that a number of items have been completed. The letter also indicates items which yet need to be completed and indicates that Mr. Bakken will not be allowed to reopen the facility in the Spring until these items have been completed. 2. At the last meeting the Planning Commission raised a question regarding the code requirement for seasonal RV parks to be completely cleared of vehicles from November 1 to March 31. City Code Section 11.05 Subd. 11 I states: "All seasonal RV parks shall be totally cleared of all vehicles for the period from November 1 through March 31, unless separate conditional use permit has been issued for outside storage." Based on the language in this provision, staff feels that a determination must be made as to whether or not the RV park is a seasonal facility or a year around facility. Although no definition exists in the Code for seasonal RV parks, staff would interpret a seasonal RV park as being one that does not provide year around services and facilities to the campsites. The Minnesota Department of Health does not license seasonal and year around RV parks separately. However, the Department of Health has indicated that they do not allow RV parks to operate during the winter if they do not have sewer and water facilities available to the sites during the winter season. Although it is not a requirement of the Department of Health, they also strongly encourage RV park owners to insulate and heat toilet and shower facilities for winter use. The Department of Health indicated to staff that Mr. Bakken's RV park is not presently equipped for winter camping. Because the water meter/back flow preventor was not installed according to SPUC requirements, the meter has been removed and there is currently no water service available to the campground. In addition, the shower and rest room facilities in Mr. Bakken's campground are not insulated or heated. Based upon these factors, it is staff's determination that Mr. Bakken has a seasonal RV park and therefore the facility may not be used during the November 1 - March 31 time frame. Under normal circumstances, Mr. Bakken would be able to reopen on or after April 1, however due to the attached letter from the Building Department, Mr. Bakken will not be allowed to reopen until he has complied with the requirements outlined in the December 22, 1988 letter. 3 . Also attached is a letter from Lynch Enterprises indicating how they plan to limit attendance at the shows. Lynch Enterprises intends to limit the number of cars entering the parking lot because they feel it will be easier to control customers at this first point of entrance, rather than later at the ticket booth. It is also their contention that this will result in less frustration for the customers planning to attend these shows. 4. As pointed out in the letter from the Building Inspection Department, the Uniform Fire Code requires 20' wide fire apparatus access roads. The approval of Mr. Bakken's PUD required one way access roads to be a minimum of 16' and two way access roads to be a minimum of 251 . Section 11.05 Subd. 11 of the City Zoning Code which lists requirements for RV parks, requires one way roadways in RV parks to be 12' in width and two way access roads to be 22' in width. It is staff's interpretation that the Uniform Fire Code takes precedence over the Zoning Code and requirements of the PUD approval, and therefore, one way roadways must be a minimum of 20' in width. Mr. Bakken asked the staff why the 25' minimum width was required based on the PUD approval by the City when the Code only requires a minimum width of 22' for two way roads. Staff indicated to Mr. Bakken that it was the option of the City in approving a PUD to place more restrictive requirements on the development if they felt it was warranted. Staff indicated that the widths contained in the conditions of approval for the PUD were based on the drawing Mr. Bakken submitted which showed one way roads being 16' in width and two way roads being 25' in width. Mr. Bakken has requested that the City reconsider the condition placed on the previous PUD requiring two way roads to be 25' in width, and allow the roadways to be constructed the 22' width required by Section 11.05 of the City Code. Mr. Bakken has asked that he not be required to pave access roads in the park. Section 11.05 of the City Code requires that RV parks have paved access roads. To date the staff has not received any formal requests from Mr. Bakken for a variance from this requirement of the Code or any information explaining to the City why paving the roads would prove a hardship. If Mr. Bakken desires a variance from this provision of the City Code, staff is recommending that he submit a separate variance request indicating the reasons why it would prove a hardship for the facility to pave the roads. A separate hearing and ruling on this variance would then have to be made by the Board of Adjustment and Appeals. FINDINGS• For findings on this request please refer to the staff report prepared for the December 8, 1988 meeting (agenda item #5) . RECOMMENDATION: Based upon the findings contained in the staff report for the December 8, 1988 meeting, staff recommends approval of the proposed PUD amendment subject to conditions. If the Planning Commission recommends approval of the amendment to the Shakopee Valley Square PUD to the City Council, staff recommends that the following conditions be included in the recommendation: 1. All conditions attached to the approval of the previous PUD shall remain in effect except for Condition #16 which addresses road width requirements. one way road access roads shall be a minimum of 20' as required by the Uniform Fire Code, and two way access roads shall be a minimum of 22' as required by Section 11.05 of the City Zoning Code. 2. Prior to issuance of either a conditional or final certificate of occupancy for the water ski show and structures, all items listed on the August 5, 1988 and December 22, 1988 letters to Mr. Bakken from the City Building Department must be completed. 3. All roadways serving the campground facility and the water ski show area must be constructed to conform with the requirements of the approved PUD and Fire Code requirements prior to issuance of either a temporary or final certificate of occupancy. This shall include construction of a second entrance road. 4 . All structures for the water ski show must be removable and be removed each fall at the end of the season and prior to any flooding. Electrical service for the structures must have a safety shut off located outside the floodplain and wires shall not be located in a manner that will obstruct flow of possible flood waters. 5. The applicants shall limit the number of cars parking in the parking lot for the water ski show to 63. No parking for the show will be allowed on the street or in other parking lot. 6. Evening shows shall not begin before 8:00. Afternoon shows shall not begin -after 4:00 and within one hour of the opening of Canterbury Downs. 7. The parking lot must be constructed to include at least 63 spaces in addition to the parking spaces required for the first phase of the Shakopee Valley Square PUD previously approved. S. Approval of this amendment to the PUD does not include approval of the future lodge buildings to be constructed NE of the existing Motel. Prior to construction of either of these buildings an amendment to the PUD must be approved by the City. In approving such an amendment request, the City shall determine that adequate parking for these buildings can be provided on the site. 9. The applicant shall furnish copies of all permits required from the DNR, Health Department and Water Patrol prior to issuance of the final certificate of occupancy. 10. This amendment to the PUD incorporates approval of a conditional use permit for the water ski show. 11. After conclusion of the first season of the water ski show, the Planning Commission shall review the land uses approved by this amendment to insure compliance with the above conditions. - ACTION REOUESTED: Offer and approve a motion recommending to the City Council approval of the amendment to the Shakopee Valley Square PUD subject to conditions. CIT` ' OF SHAKOPEE -I INCORPORATED 1870 41 1 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 553791376 (612)445-3650 ��;✓ December 22 , 1988 Mr. Wallace Bakken 1251 East lst Avenue Shakopee, MN 55379 Re: Building Permit No. 7222 - Valley Square Campground Facility Dear Mr. Bakken: This letter will serve to review the on site meeting/inspection we conducted last week. The status of the above referenced project will be summarized based upon the temporary C.O. letter of August 5, 1988, (see attached copy) . 1. The sewer standpipes were raised where necessary last summer and fall. However, because grading work was being done simultaneously, a few are low and must be raised in spring. 2 . Roads must be regraded when frost goes out in the spring. The Uniform Fire Code (Sec. 10.207) , requires 20' wide fire apparatus access roads. Those sections of roadway now less than 20' must be widened accordingly. Compaction tests, conducted by a soils engineer, or an equivalent roller test, will be required to verify compaction of roadways. 3. Additional tree trimming must be done to maintain 15' clear area above and full width of roadways. 4 . Done 5. Done 6. Done 7. Done 8. A handicapped parking space, with proper signs, must be provided at each shower building. The Heart Of Progress Valley AN FOWL OPPORTONRY EMPLOYER 9. Done 10. Secure backflow prevention/meter- connection or enclose with building project. 11. Complete removal of brush from east end of campground. 12 . Done 13 . The Building Department requires 20' wide minimum fire apparatus access road. The Planning Department requires that all two way roads measure 251 , and one way roads 161 . Therefore, the one way roads must be widened as necessary to 20' and the two way roads must be widened to 25' . 14. Five 9' x 20' parking stalls must be completed per the Planning Department. 15. Done 16. Done 17. Repipe the water meter/backflow preventer to SPUC requirements when reinstalling in spring. 18. Complete removal of brush. 19. Install telephone for emergency use on shower building or check-in building. 20. Secure burning permit from Fire Department/MPCA to allow use of burning rings. 21. Done Also; the following Planning Department requirements must be met: A. Pave all roads or receive a variance from the City. B. Install 25' wide second entrance road. C. Furnish copies of all approved permits from the DNR and Department of Health. D. Furnish two copies of campground rules and regulations. E. Comply with Section 11.05 Subd. it of the City Code dealing with R.V. Parks. The balance of your $7, 500.00 deposit in the amount of $7, 017.41 will be forwarded to you shortly. $482 . 59 was deducted to pay Shakopee Public Utilities for the hydrant extension work on the north side of your motel. (See copy of invoice enclosed) All items above must be satisfied before a final certificate of occupancy is issued for opening in the spring of 1989 . Another temporary or conditional C.O. will not be issued for this part of your project. If you have any questions, do not hheessittaatte� to call. ncerely Si(/ ' + Fulton Schleisman Building Inspector FS:cah Enclosures cc: Doug Wise, City Planner l�> CITY OF SHAKOPEE • INCORPORATED 1870 129 EAST FIRST AVENUE.SHAKOPEE.MINNESOTA 553791376 16121443650 ^ August 5, 1988 Mr. Wallace Bakken f . 1251 East 1st Avenue Shakopee, MN 55379 Re: Building Permit No. 7922 Dear Mr. Bakken: - This letter will serve as a temporary certificate of occupancy subject to the following conditions: 1. Raise sewer standpipes above grade to prevent any water infiltration. 2. Regrade and compact all roads for emergency vehicles (20 ' wide minimum) . 3. Trim trees to allow 15 ' clear above roadway for emergency vehicles. 4. Furnish 2 complete copies of as-built plans for sewer, water, shower building, roadways, boat landing, etc. with dimensions tied to property lines or described by a registered land surveyor. - 5. Replace top section Of catch basin on Bluff Avenue damaged during construction. 6. Obtain final electrical inspection. 7. Obtain final State Department of Health inspection and approval. 8. Make shower buildings handicapped accessible: a. Provide one parking spot : (properly signed) at each . shower building. b. Make buildings accessible with smooth paths 4 ' minimum width. C. Toilets - -grab bars provided per -code. This is a partial list because buildings are not complete; see Minnesota State Building Code Facilities For The Handicapped" attached. The Heart Of Progress Valley IM EOUPL OOnpq)Uq.ryFM✓LOYEP 16 9. Raise hydrant north of motel per Shakopee Public Utilities approval. 10. Secure area with water meter and backflow preventer with 6 ' high minimum fence and lockable gate. 11 . Remove all debris and brush from campground. 12 . Repair water connection area to Metropolitan Waste Control Commission' s approval. 13 . Complete roadways so that two way roads will measure 25 ' , one way roads will measure 161 , an 8 ' stacking lane on entrance road will measure 100'-1501 . 14. Complete 5, 9 '-20' parking stalls . 15. Complete adequate turning radius at dump station. 16 . Replace broken section of the valve controlling the main sewer line. 17 . Repipe the meter/backflow preventer area per SPDC requirements. 18. Remove brush and debris from campground. 19 . Install telephone for emergency use on shower building. 20 . Apply for burning permit to allow use of burning rings. 21. Install durable posts to protect sewer standpipes. Your check for $7, 500 will be held until the above mentioned items are completed. In the event you fail to accomplish this work within two weeks, the City will complete the work and deduct any costs incurred. Before final certificate of occupancy is issued: a. Pave all roads or receive variance from City. b. Install 25 ' wide second entrance road. C. Furnish copies of all permits from DNR, Dept. of Health and other regulatory agencies . d. Furnish two copies of campground rules and regulations. e. Comply with Section 11. 05, Subd. 11 - of the City Code dealing with R.V. Parks. The temporary certificate of occupancy will expire at the end of _ this season. A permanent certificate ofoccupancy will be required to open the 1989 season. If you have any questions, do not hesitate to call. Since Fulton Schleisman Building Inspector FS:cah iakopee, Minn., I November 15 . 1985 �a To PUBLIC UTILITIES COMMISSION Dr. city of Shakopee for , I Jellystone Campground 'Fovember 15. 1988 124" extension for %rB 67 hydran 992100 ( 124" ext . hcd. 222 '. . 00 hr. 100 00 1 labor I ' truck 3 hrs . 10 . 00 hr 30100 1 truce I i Dean Smith trenching 921-00- D.Smit trenc iin operating nut in io I oper. n 1 21 84 I valve 21 I � TOTAL 482 59 I TOTAL 482 PLEASE RETURN THIS STUB WITH PAYMENT City of Shakopee for Jellystone Campground N2 4917 ^5 ` No 4917 129 E. 1st. Avenue 1` Shakopee, MN 55379 I - Interest will be charged at IYa% on the unpaid balance - -� �epog. T/ er� �''3DD_ LJ� �ws�ExN S�� December 21, 1988 �9T-eeSKI $4,0 Mr. Doug Wise City Planner City of Shakopee 1251 East 1st Avenue Shakopee, Minnesota 55379 Dear Mr. Wise: At the last Planning Commission meeting the questions arose concerning limiting parking for the proposed Western Star Water Ski Show. In lieu of the fact that automobile parking is a concern, Western Star proposes to limit the parking to a maximum of 63 cars (the planned parking lot maximum) . The enforcement of this attendance limitation will be managed in two effective ways. First off, Western Star will implement a portable sandwich-type sign which will be placed adjacent to Highway 101 reading something to the effect of "Sorry Today's/Tonight's Show Performance Sold Out. Our Next Performance Is At " This should eliminate people from even thinking of parking elsewhere. Using this method of control is the same as when a hotel has a sign "No Vacancy" . People do not insist a hotel let them in when the don't have room without a reservation. Secondly, Western Star will have parking attendants assisting in directing parking so that when the parking lot is full they will _ use a portable barricade to block off the lot with a sign stating "Sorry Today's Show Performance Is Sold Out. Please Join Us For Our Next Performance". By controlling cars at the point of entry, we can minimize people's frustration, rather than having them get unloaded only to find out we cannot accommodate them. We do not perceive that this problem will actually occur based on our previous operating experience. However, by having this plan and materials on hand, we will be able to handle the situation should it arise. Thank you for your consideration. Sincerely, Mark D. Laughlin Western Star Water Ski Show /oc' MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Douglas K. Wise, City Planner RE: Setbacks for Industrial Buildings Abutting a Railroad Spur DATE: January 11, 1989 INTRODUCTION• At their meeting on January 5, 1989, the Planning Commission passed a motion recommending to the City Council that the current City Code requirements for a 30' rear yard setback in I-1 and I-2 Zoning Districts be amended to allow a 20' rear yard setback for buildings abutting a railroad spur. BACKGROUND: At their meeting on October 4, 1988, the City Council heard the appeal of Bush Lake Industries regarding the Conditional Use Permit approved by the Planning Commission for location of the 70' storage tanks. After taking action on the appeal the City Council directed the Planning Commission to review the City Code to determine if setback requirements adjacent to railroad tracks need to be changed. Currently in the I-1 and I-2 Zoning Districts of the City Code, side yard setback requirements for buildings are currently 0' when abutting a railroad track. This provision is not included for rear yard setbacks which require a setback of 30' . Following the City Council meeting the City staff contacted several other communities to see what their setback requirements are from railroad tracks in industrial zones. The cities contacted did not have any special provisions for setbacks from railroad spurs in their industrial districts. The City staff researched the reasoning for the current building setbacks in the City Code by looking at City Zoning Ordinances that were in effect prior to when the current ordinance was adopted. The ordinance that was adopted on April 1, 1966 states that there is no side or rear yard required when a railroad loading facility is needed. That ordinance was in effect until April 1, 1978. In May of 1977, Douglas Reeder presented a proposed Zoning Ordinance which was to replace the Shakopee and Eagle Creek Zoning Ordinances. The previous Eagle Creek Ordinance had a minimum rear yard depth of 30' while the Shakopee Ordinance still allowed a 0' setback when abutting a railroad. Staff feels that the change may have taken place inadvertently at this time because the side and rear yard requirements were separated. /6 C- In addition to the Bush Lake Industries building, one of the Shakopee Valley Printing buildings is also setback 20' from the rear lot line (see enclosed drawing) . The other building was setback 40' . This was done to allow a layering of service spurs off of the main spur line. The main spur line is actually located in a 25' wide corridor not contained within the rear portion of the abutting lots, but owned by the railroad company. The Planning Commission held a public hearing on the proposed amendment to the Ordinance at their January 5, 1989 meeting. Following the public hearing the Planning Commission passed a motion recommending to the City Council that the rear yard setback in the I-1 and I-2 Zoning Districts for buildings abutting a railroad spur be reduced to 201 . ALTERNATIVES• 1. The City Council could offer and pass a motion directing the City Attorney to prepare the necessary ordinance amending the City Code to allow a 20' rear yard setback in the I-1 and I-2 Zoning Districts for buildings abutting a railroad spur. 2. The City Council could offer and pass a motion to not amend the City Code and continue requiring a 30' rear yard setback in all cases. 3. The City Council could offer and pass a motion directing the City Attorney to draft the appropriate ordinance amending the rear yard setback in the I-1 and I-2 Zoning Districts allowing a different rear yard setback than referred to above. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends alternative #1. ACTION REQUESTED: Offer and pass a directing the City Attorney to draft the appropriate ordinance amending the City Code to allow a 20' rear yard setback in the I-1 and I-2 Zoning Districts for buildings abutting a railroad spur. O ` � �W x // Wy 1Aj 0 >q�yn to / iZ// o0 ¢ /([ z/k 4 3 / zn 02 w "f 7-6 OHO 4 MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Downtown Committee Goals DATE: January 11, 1989 INTRODUCTION• At the request of City Council, the Downtown Committee has developed a set of goals and objectives for Council's consideration. (See attachment #1) . BACKGROUND: In October, the Shakopee City Council directed the Downtown Committee to prepare a work plan identifying two or three major goals and objectives for completion. City Council also requested that cost estimates for the goals be forwarded to them for their review. Finally, City Council requested that dates for completion of the goals and objectives be identified by the Downtown Committee and reviewed by the Community Development Commission. On January 11, 1989 the Downtown Committee approved the Work Plan as set forth in attachment #1. The Community Development Commission also reviewed and recommended Council approval of the Work Plan on January 11, 1989. Please note that each of the objectives have been assigned a proposed completion date. I should also note that none of the objectives proposed by the Downtown Committee will result in an expenditure on the part of the City unless the City Council wishes to further pursue recommendations made by the Downtown Committee and Community Development Commission that may involve potential City expenditures. Basically, the implementation of the plan as set forth by the Downtown Committee will require the level of City staffing currently being provided to the Committee. (158 of the Administrative Assistant's time) . Several of the objectives proposed by the Downtown Committee could also be handled by interns. The Downtown Committee and Community Development Commission are recommending approval of the Work Plan as submitted. ALTERNATIVES• 1. Move to approve the Downtown Committee's Work Plan as submitted. 2. Amend the One Year Work Plan as submitted by the Downtown Committee and move it's approval. 3. Refer the Work Plan back to the Downtown Committee for further refinement. 4. Do nothing. RECOMMENDATION• Staff recommends alternative #1. ACTION REODESTED: Move to approve the Downtown Committee Work Plan as submitted. Jo J" Attachment #1 Downtown Committee Work Plan Mission Statement To improve the economic vitality of the Downtown Area by developing a pedestrian friendly atmosphere which is attractive physically and commercially in terms of facilities and services offered. Goal #1 - Identify parcels that play a key role in the overall development of the Downtown Area. Obiectives 1. Develop a Downtown Property Inventory Schedule by 3/1/89 - Centralized list of parcels and prices. 2. Utilize the property inventory to complete a prioritized site listing by 5/15/89 which identifies parcels for possible acquisition, demolition and/or rehabilitation. 3. Develop a comprehensive Downtown property acquisition, condemnation, demolition, rehabilitation plan by 7/15/89. Goal #2 - Identify project development activities which will enhance the Downtown Area as a commercial/retail/ service center. Objectives 1. Utilize market studies that are presently available to identify viable commercial/retail/service needs of the community which might be conducive to a Downtown location by 7/15/89 2 . Develop a Request for Proposal that is site specific and incentive specific that can be used to attract developers to Downtown Shakopee by 2/1/90. 3. Utilize the property inventory to identify a site for a new City Hall and/or Community Center downtown by 7/15/89 . 4 . Complete a parking analysis of the Downtown area by 7/15/89 to determine if adequate parking exists. 5. Review all Downtown development request that utilize City assistance programs to make sure that they are compatible with the overall Downtown Development plan. Goal #3 - Develop policies and programs which will compliment and facilitate Downtown Development that maintains the historic river town theme. Objectives 1. Develop Downtown Design Standards which could be incorporated into city ordinance by 3/15/90. 2. Develop an acquisition/condemnation policy to be used in acquiring properties in the Downtown Area by 12/15/89. 3. Develop a development incentive policy by 10/15/89 which will stimulate Downtown Redevelopment. 4. Investigate alternative funding sources which can be used to establish a facade improvement/revolving loan program by 11/15/89. l0e MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Star City One Year Work Plan DATE: January 12, 1989 INTRODUCTION• In order to maintain Star City designation, the City of Shakopee must annually update the One Year Work Plan. In the past, this plan has been based on a fiscal year. The Community Development Commission is recommending that the One Year Plan be updated at this time and placed on a calendar year basis. BACKGROUND: On January 11, 1988 the Community Development Commission approved the goals, objectives and strategies as set forth in the attached One Year Work Plan. (See attachment #1) . The One Year Work Plan outlines the goals and objectives of the Community Development Commission and Downtown Committee. The Community Development Commission is requesting Council approval of the One Year Work Plan as submitted. ALTERNATIVES• _ 1. Move to approve the City of Shakopee One Year Work Plan as submitted. 2. Amend the One Year Work Plan as submitted and move it's approval. 3. Table action on the One Year Work Plan and request the Community Development Commission to make further refinements. RECOMMENDATION• Staff recommends alternative #1. ACTION REOUESTED: Move to approve the City of Shakopee One Year Work Plan. Community Development Commission (CDC) Shakopee Economic Development 1989 One Year Work Plan Mission Statement: To create new jobs, increase the local tax base, retain and assist existing business, attract new businesses and capitalize on the existing area development potentials. Activity/objective: To encourage the implementation of an ongoing economic development program for the City of Shakopee stressing job retention, job creation, downtown redevelopment and the tourism industry. Budget: CDC Budget $93,110 ($66,000 Convention and Visitors Bureau) Time Frame: Ongoing. from January 1989. Projected Results: 54 Increase in local tax base. 2.54 Increase in population. 2.54 Increase in employment base. 104 Increase in the number of residential building permits issued. Attraction of at least one new commercial business in the downtown. Attraction of at least one new industry into the industrial park. Attraction of at least one elderly residential development. 54 Increase in tourists at the recreational facilities in Shakopee. Committee/organization Chairpersons: Shakopee City Council - Mayor Dolores Lebens Shakopee Housing and Redevelopment Authority - Steven Clay Convention and Visitors Bureau Shakopee Community Development Commission - Tim Keane— Shakopee Downtown Committee - Gary Laurent Chamber of Commerce - George Muenchow, President Tourism Committee - Marilyn Hagermann Scott County Transportation Coalition Planning Commission - City of Shakopee - Staff City Administrator Community Development Director - Dennis Kraft Administrative Assistant - Barry Stock City Planner - Douglas Wise City Engineer - Dave Hutton _ -1- 16 _Q_ Goal #1 Provide for the improvement of the transportation system and to enhance local and regional transportation objectives. Obiective Assigned To Completion Date 1. Work with Mn DOT to complete City Council Nov. 1989 the mini-bypass final design Dave Hutton 2. Work with Mn DOT to pursue the City Council Dec. 1989 bypass bid letting. Dave Hutton 3. Work with Mn DOT to complete City Council Sept. 1989 the Hwy 169 Southerly by-pass Dave Hutton final location design. 4. Complete the Third Ave. City Council Sept. 1989 Rehabilitation Project Dave Hutton 5. Continue to support the Scott City Council On-Going County Transportation Coalition Dave Hutton in their efforts to improve transportation process to Scott County. Goal #2 Encourage downtown redevelopment which will promote a vital commercial/institutional district Objective Assigned To Completion Date 1. Develop a Downtown Property Downtown April 1989 Inventory Schedule and Comm/CDC centralized list of parcels Gary Laurent and prices. 2. Utilize the property inventory Downtown May 1989 tocomplete a prioritized site Comm/CDC listing which identifies Gary Laurent parcels for possible acquisition, demolition and/or rehabilitation. 3. Adopt a comprehensive property Downtown July 1989 acquisition, condemnation, Comm/CDC redevelopment plan. City Council 4. Develop an acquisition/condem- Downtown Dec. 1989 nation policy to be used in Committee/CDC acquiring properties in the City Council Downtown Area. 5. Develop a development Downtown Oct. 1989 incentive policy which will Committee/CDC stimulate Downtown Redevelopment City Council -2- 6. Utilize the property inventory Downtown July 1989 to identify a site for a new Committee/CDC/ City Hall Downtown. City Council 7. Investigate alternative funding Downtown Nov. 1989 services which can be used to Committee establish a facade improvement Gary Laurent reducing program. 8. Complete a parking analysis of Downtown July 1989 the Downtown area to determine Committee if adequate parking exists. Gary Laurent 9. Attract one new service, one Downtown Ongoing new retail and one new office Committee type business to the downtown Gary Laurent each year. 10. Utilize market studies that Downtown July 1989 are presently available to Committee/CDC identify viable commercial/ City Council retail/service needs of the community which might be conducive to a Downtown location. 11. Develop a Request for Proposal Downtown Dec. 1989 that is site specific and Committee/CDC incentive specific that can City Council be used to attract developers to Downtown Shakopee. Goal #3 Initiate planning and marketing concepts that will increase residential development interest in the community. Obiective Assigned To Completion Date 1. Create an annual development CDC July 89 brief that can be distributed Barry Stock to the development community hi-lighting the economic activity occurring in Shakopee. 2. Work with the City's Planning June 1989 consultant to complete an Commission update of the City's Doug Wise Comprehensive Plan. 3. Encourage the completion of City Council June 1989 need assessments for Elderly HRA Housing in the community. Dennis Kraft -3- /6 4. Develop and adopt a policy on CDC/City Council Oct. 1989 senior housing development assistance. 5. Initiate a monthly Issues and CDC Sept. 1989 Answers cable television Tim Keane series to be broadcast on the Public Access Channel. 6. Encourage throughout the Comp. CDC Dec. 1989 Plan process emphasis on Park dim Keane Development. Goal #4 Encourage new industrial development and the expansion of existing industries in the City. Objective Assigned To Completion Date 1. Update the data base of CDC June 1989 vacant commercial industrial Tim Keane properties. 2. Work with the Chamber to CDC Feb. 1989 set up an on-going program Tim Keane that encourages monthly breakfast meetings with business persons in the community. 3 . Prepare a Request for Proposal Community Nov. 1989 that targets developers who Development have experience in redevelop- Commission ment. The proposal would Tim Keane simply direct developers to the prime areas for development in Shakopee. Goal #5 Encourage the development of support services such as schools medical facilities and public facilities which provide for a good free standing growth center. Obiective Assigned To Completion Date 1. Promote the location of CDC Nov. 1989 a large day care center Tim Keane complete with sick care facilities in Shakopee. - 2 . Work with St. Francis Hospital CDC Oct. 1989 and Scott County to facilitate Tim Keane the construction of ancillary services in the Institutional Area. \ -4- 3. Prepare a preliminary financing CDC Sept. 1989 and construction plan for a new Tim Keane_ City Hall and/or community center to be located Downtown. Goal #6 Develop an organizational structure and staffing program which will promote economic development. Objective Assigned To Comnleticn Date 1. . Investigate 501-C designation CDC Dec. 1989 of the Shakopee Development Tim Keane Corporation or the creation of an Economic Development Authority. 2. Complete the 1990 One Year City Council Jan. 1990 Work Plan. 3. Encourage Council to budget CDC Sept. 1989 for a Planner II in 1990. Tim Keane 4: Complete the Business CDC Nov. 1989 Retention and Expansion Survey Barry Stock 5. Complete the Shakopee Labor CDC Aug. 1989 Survey Barry Stock 6. Update the City's promotional CDC Dec. 1989 video. 7. Develop an informal survey CDC Feb. 1989 technique that CDC members Tim Keane can utilize to solicit input from new businesses. S. Develop a survey technique CDC April 1989 to solicit input from Tim Keane developers/consultants and brokers doing business in Shakopee. 9. Complete the Annual Community CDC Feb. 1989 Profile 10. Update the Community Fact Book CDC Oct. 1989 Tim Keane -5- �6 -j�- Goal Y7 Support and encourage a community focus on tourism opportunities emphasizing year round activities. Objective Assigned To Completion Date 1. Work with the Shakopee Visitors CDC Ongoing and Convention Bureau and Chamber Barry Stock of Commerce on marketing and special events which will attract tourists to the area. 2. Promote year round use of the CDC Ongoing hospitality and tourism industry Barry Stock -6- MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Star City Five Year Work Plan DATE: January 12, 1989 INTRODUCTION• In order to maintain Star City designation, the City of Shakopee must annually update their Five Year Work Plan. The Community Development Commission is recommending Council approval of the Five Year Work Plan. BACKGROUND: On January 11, 1988 the Community Development Commission approved the goals and objectives as set forth in the attached Five Year Work Plan. (See attachment ql) . The Five Year Work Plan outlines the goals and objectives of the Community Development Commission and Downtown Committee. The Community Development Commission is requesting Council approval of the Five Year Work Plan as submitted. ALTERNATIVES• 1. Move to approve the City of Shakopee Five Year Work Plan as submitted. 2 . Amend the Five Year Work Plan as submitted and move it's approval. 3 . Table action on the Five Year Work Plan and request the community Development Commission to make further refinements. RECOMMENDATION• Staff recommends alternative ql. ACTION REOUESTED: Move to approve the City of Shakopee Five Year Work Plan. CITY OF SHAKOPEE FIVE YEAR ECONOMIC DEVELOPMENT PLAN Mission Statement: To encourage the balanced development of residential, commercial and industrial opportunities and to enhance the City's status as a free standing growth center. Primary Goals (In order of priority) 1. Provide for the improvement of the transportation system and to enhance local and regional transit objectives. 2. To encourage downtown redevelopment which will promote a vital commercial/institutional district. 3. Initiate planning and marketing concepts that will increase residential development interest in the community. 4. Encourage new industrial development and the expansion of existing industries in the City. 5. Encourage the development of support services such as schools, medical facilities and public utilities which provide for a good free standing growth center. 6. Develop an organizational structure and staffing program which will promote economic development. 7. Support and encourage a community focus on tourism opportunities emphasizing year round activities. -1- lode Q City of Shakopee Five Year Economic Development Plan Goal $1 - Provide for the improvement of the transportation system and to enhance local and regional transit objectives. Obiective 1989 1990 1991 1992 1993 1. Complete the Third Ave. Rehabilitation Project. Third Avenue (Spencer - Shumway and Scott, Atwood, Fuller, Lewis, Sommerville and Spencer Streets) 3rd - 4th Ave. X 2. Construct Phase II of the Downtown Redevelopment Project. lst Ave. (Atwood- Sommerville) X 3 . Work with Mn DOT to complete the mini by-pass final design. X 4. Work with Mn DOT to pursue the mini by-pass bid letting. X 5. Work with Mn DOT during the construction of the mini by-pass to minimize the impact on the Downtown area. X X 6. Work with Mn DOT to complete the Hwy 169 southerly by-pass final location design. X 7. Extend 13th Avenue to open up more residential land for development. . (Phased Extension) X 8. Continue to work with the X X X X X Scott County Transportation Coalition to improve transportation access into our community. -2- Goal #2 - Encourage downtown redevelopment which will promote a vital commercial/institutional district. Objective 1989 1990 1991 1992 1993 1. Attract one new service, one new retail and one new office type business to the downtown each year. X X X X X 2. Encourage a developer to construct a movie theatre or enclosed mall in downtown Shakopee. X 3. Solicit restaurant franchises and encourage them to locate in downtown Shakopee. (i.e. Red Lobster, Ground Round, etc) X 4. Solicit and encourage the development of specialty shops in the downtown. X 5. Complete a comprehensive redevelopment plan for the Downtown area which targets specific buildings and/or blocks for demolition, redevelopment, new development or expansion. X 6. Develop Downtown Design Standards which could be incorporated into city ordinance. X 7. Develop an acquisition/condemnation policy to be used in acquiring properties in the Downtown Area. X 8. Develop a development incentive policy which will stimulate Down- town Redevelopment. X 9. Utilize market studies that are presently available to identify viable commercial/ retail/service needs of the community which might be conducive to a Downtown location. X -3- Obiective 1989 1990 1991 1992 1993 10. Develop a Request for Proposal that is site specific and incentive specific that can be used to attract developers to Downtown Shakopee. X 11. Utilize the property inventory to identify a site for a new City Hall/Community Center downtown X 12. Complete a parking analysis of the Downtown area to determine if adequate parking exists. X 13 . Develop a Downtown Property Inventory Schedule. X 14. Utilize the property inventory to complete a prioritized site listing which identifies parcels for possible acquisition, demolition and/or . rehabilitation. X 15. Complete a parking analysis of the Downtown Area to determine if adequate parking exists. X Goal #3 Initiate Planning and Marketing concepts that will increase residential development in the community. Objective 1989 1990 1991 1992 1993 1. Complete the City's Comprehensive Plan Update X 2. Create an annual development brief that can be dis- tributed to the development community hi-lighting the economic activity occurring in Shakopee. X 3 . As a result of the Comp Plan update, comprehensively amend the Shakopee Zoning Ordinance in order to facilitate sound economic development in a timely manner. X -4- Obiective 1989 1990 1991 1992 1993 4. Encourage the completion of need assessments for Elderly Housing in the community. X 5. Initiate a weekly question and answer series in the local newspaper to be written by City Council members and/or staff. X 6. Initiate a monthly Issues and Answers cable television series to be broadcast on the Public Access Channel. X 7. Encourage throughout the Comp. Plan process emphasis on Park Department. X 8. Adopt a policy on senior housing development assistance. X Goal #4 Encourage new industrial development and the expansion of existing industries in the City. Obiective 1959 1990 1991 1992 1993 1. Update the data base of vacant commercial industrial properties. X 2 . Work with the Chamber to set up an on-going program that encourages monthly breakfast meetings with business persons in the community. X 3. Prepare a Request for Proposal that targets developers who have experience in redevelop- ment. The proposal would simply direct developers to the prime areas for development in Shakopee. X 4. Solicit and encourage the construction of a major motel/ convention center in Shakopee (is. Holiday Inn, Radisson, Etc) X -5- /big Obiective 1989 1990 1991 1992 1993 5. Solicit developers to renovate the Old Stage Coach. X 6. Encourage developers to pursue a major riverfront project incorporating housing, commercial and recreational characteristics. X 7. Develop and implement a marketing strategy for attracting incubator businesses to the community. X 8. Develop and implement a marketing strategy for attracting distribution facilities to the Community. X X 9. Review and recommend a Comprehensive amendment to the City's Planned Unit Development Ordinance. X Goal #5 Encourage the development of support services such as schools medical facilities and public facilities which provide for a good free standing growth center. Objective 1989 1990 1991 1992 1993 1. Investigate bringing a branch or extension facility of the - U of M or St. Thomas into Shakopee for evening course offerings. x 2. Work with St. Francis Hospital to attract a large day care center complete with sick care facilities. X 3. Work with St. Francis Hospital and Scott County to facilitate the construction of ancillary services in the Institutional Area. X 4 . Prepare a preliminary financing and construction plan for a new City Hall and/or community center to be located near the institutional area or Downtown. X -6- Goal #6 Develop an organizational structure and staffing program which will promote economic development. Objective 1989 1990 1991 1992 1993 l. . Investigate 501-C designation of the Shakopee Development Corporation or the creation of an Economic Development Authority. X 2. Complete the 1990 One Year Work Plan. X 3. Encourage Council to budget X for a Planner II in 1990. 4. Update the Community Fact Book X 5. Update the City's promotional video. X X X 6. Complete the annual Community Profile. X X X X X 7. Complete the Business Retention and Expansion Survey. X X X X X 8. Complete the Shakopee X X X X X Survey 9. Develop an informal survey technique that CDC members can utilize to solicit input from new businesses. 10. Develop a survey technique to solicit input from developers, consultants and brokers doing business in Shakopee. X Goal #7 support and encourage a community focus on tourism opportunities emphasizing year round activities. Obiective 1989 1990 1991 1992 1993 1. Work with the Shakopee Visitors and Convention Bureau and Chamber of Commerce on marketing and special events which will attract tourists to the area. X X X X X -7- /6 Objective 1989 1990 1991 1992 1993 2 . Promote year round use of the hospitality and tourism industry. X X X X X -8- Julius A. COLLEE, 11 J Iesa isso w ATLOENEY AT LAw c a2 44s-1244 SHAEOPEE.MINNESOTA 55379 V To: Dennis R. Kraft, Acting City Administrtor From: Julius A. Coller, II, City Attorney Date: January 12, 1989 Re: Paying all or part of the insurance costs for aerators in O'Dowd Lake The Save O'Dowd Lakes Chain Association is a non-profit orgainization established mainly by sportsman in an effort to conserve the wildlife in and about O'Dowd Lake and in the furtherance of their aim they have secured aerators which in turn have been installed by them in the lake. O'Dowd Lake is partially surrounded by private property and a great part of it is bordered by park land belonging to the City of Shakopee. To protect the City and the Association the Association has secured liability insurance. The premium on this type of policy is very expensive and the question is: Can the City pay the insurance premium or a part thereof? In view of the strategic location of the lake and the use of it made by the citizens of Shakopee and the gneral public it does become almost mandatory that the City and the Association and any other interested parties be covered by liability insurance and in view of the use and location of the lake it is my opinion that expending money for insurance premium is expending money for a public municipal purpose providing the City of Shakopee is named as an additional insured on the policy. Just how much of the policy premium should be paid by the City is a matter for the City Council in the exercise of its reasonable and good judgment to decide. December 30,1988 O'Dowd Lakes Chain Association 736 Tyrol Lane Shakopee, Minnesota 55379 Ms . Judy Cox City of Shakopee 129 1st Ave. Shakopee, Minnesota 55379 Dear Judy, The O'Dowd Lakes Chain Association is a nonprofit organization in the Shakopee area. The main purpose of the organization is to improve the water quality in the O'Dowd Lakes area with an aeration. system. Naturally, the operation of the system costs a substantial amount of money and liability insurance is one of the system's major costs. Since we are a nonprofit organization, we raise funds by soliciting individuals and organizations. We are asking the City to help with the cost of insurance because we need it. Funds raised from other sources are earmarked for all the other expenses of the system. Your vital support in the past has helped our organization become the success that it is . The citzens of Shakopee benefit greatly from the improved water conditions in the O'Dowd area and continued support would be much appreciated. THANK YOU! ! ! l Sincerely, Off-Qi�y.a Dave Brown Insurance Committee O'Dowd Lakes Chain Association MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Judith S. Cox, City Clerk RE: Save O'Dowd Lakes Chain Assn. Aerators Insurance DATE: December 30, 1988 INTRODUCTION: The Save O'Dowd Lakes Chain Association has submitted the attached letter asking the City Council for some financial assistance to pay the premium for their liability insurance. BACKGROUND: The City leases a small part of land, on Lake O'Dowd, to the Association for operation of two aerators. A condition of the lease is that the Association carry liability insurance in the amount of $200, 000 per person and $600, 000 per incident and to also name the City as an additional insurred. The Department of Natural Resources requires insurance in a lessor amount, $500,000 per incident. Last year Council approved paying $984.98 toward the insurance premium. I understand that this was about one-half of the total cost. The Association also has an aerator on Thole Lake in Louisville Township. The City has not budgeted for this expenditure. The Finance Director advised me that the money could come from the General Fund Contingency, if Council desires to pay any portion of the 1989 insurance premium. ALTERNATIVES: C��yyv 0q) 1) Pay total premium - I do not know the exact figure, but I understand that it is less than last year's. 2) Pay some portion of the premium - it could be shared by the City of Shakopee, Louisville Township, and the Association. 3) Pay no part of the premium. The Association would have to raise the necessary money or they could ask other non profit organizations for financial assistance (possibly organizations who have a pull-tab license) . 4) Other RECOMMENDATION: After discussion, determine if and how much the Council wishes to pay towards the 1989 insurance premium for the Save O'Dowd Lake Chain Association for the operation of aerators. i MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Judith S. Cox, City Clerk I RE: Lease with O'Dowd Lakes Chain Association DATE: December 19, 1988 Introduction The Save O'Dowd Lakes Chain Association is asking that their lease be renewed. Background For the past seven years the City has provided the Association with a lease for the purpose of providing easement for electri- cal power and operation of aerators. The attached lease is identical to the expiring lease, other than the dates. Mr. Muenchow, Community Services Director, and Mr. Karkanen, Public Works Superintendent, have been contacted regarding renewing the lease and neither have any problems with it. Alternatives 1. Approve 2. Deny 3 . Amend lease Recommended Action Authorize the proper City officials to enter into a two year lease with Save O'Dowd Lakes Chain Association for the purpose of providing easement for electrical power and operation of aerators. JSC/jms P 'yo IS35 Rm uv. §N� � " s r GENERAL LEASE This is a lease.This Lease is dated . 19—. It is a legal agreement between the Tenant and the Landlord to rent the property described below.The world LANDLORD as used in this Lease means City of Shakopee and the Landlord's address is 129 East First Avenue Shakopee MN 55379 The word TENANT as used in this Lease means Save 0'Dowd Lakes Chain Association This Lease is a legal contract that can beenforced incourt against the Landlord or the Tenant ifeitherone of them does not comply with this Lease. I. Description of Property.The Property is located at Shakopee Minnesota in the County of Scott ,State of Minnesota,on propeny described as follows: So much of Lots M, N and 0 inclusive, Registered Land Survey No. 45, Scott County, Minnesota, necessary to erect, maintain and service a pole or poles for the purpose of supplying electric energy to operate three aerators in O'Dowd's Lake off the South shore of the above described property together with all necessary wires and guides to extend from a point on County Road 79 to a point on the shore of D'Dowd's Lake across said lands for a distance of approximately 200 feet together with the right of ingress and egress for the purpose of serving said lands. 2. Term of Lease.This Lease is for a tern of two years beginning on January 28. , 19 S9 , subiect however to cancellation by either party giving the other party 30 days notice in writing and may be cancelled in any event should the lessee fail to keep the insurance in force with the City named as a beneficiary or in the event the City is , 3. Rent. required to pay any part of the operating costs for the aerators. a. Amount.The rent for the property is One Dollar and other good and valuable _ Dollars consideration. (3 1.00 )xxr b. Payment.The rent payment for each month most be paid before N/A at Landlord's address. Landlord does not have to give notice to Tenant to pay the rent 4. Quiet Enjoyment.lfTenant pays the rent and complies withall otherterms of this Lease,Tenant may use the Property for the term of this Lease. S. Right ofEntry.Landlord and Landlord's agents may enterthe property at reasonable hours to repair or inspect the Property and perform any work that landlord decides is necessary. In addition,the Landlord may show the Property to possible or new Tenants at reasonable hours during the last 60 days of the Lease term. Except in the case of an emergency, Landlord shall give Tenant reasonable notice before entering the Property. 6. Assignment and Subletting.Tenant may not assign this Lease,lease the Property to anyone else(sublet),sell this Lease or permit any other person to use the Property without the priorwritten consent of the Landlord.ILTenant doesany of these things.Landlord may terminate this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. Tenant must get Landlord's permission each time Tenant wants to assign or sublet Landlord's permission is good only for that specific assignment or sublease. 7. Surrender of Premises.Tenant shall give Landlord possession of the Property when this Lease ends. When Tenant moves out, Tenant shall lease the Property in as good a condition as it was when the Lease started,with the exception of reasonable wear and tear. 6L£SS NN as ollegs (MpPV) snuand 7sl Is M TIZ (aweN) :AS O31 Vd(I StlM 1N3W(INISNI SUL (1--d uo 21111) (iww28po[mouHoy Sm.4EI uovad Jo wnaeuStS) Act 61 ' Jo,Sep stye aw woJaq pa8palmoujl sem ivawwtsw SusoBasoJ ayi KaaTO 6.;T� 3O AINOOJ sanavu5- szTao In tl1OS3NNIW dO 31d1S Ag r5 P g d aoyealsTuTwpV A1>:J o CR t uoTzaT3ossy uTgqo SBAVII Pn TEs ,lxvN31 :G do-lQNtll 'p2u5)sse st as aryl wollm w uovad,Sus pug p.iolpuel to iuguai Jo sannelu=udw le8al to snay hue of A[dde Dale aserl styt Jo suuai ay,I'plolpusl pue lueuai ayl of Aldds aseal nyl Jo swsal agi suSlssv pus snaH '01 'Auadwd leumad ayi Jo lu!wdssp loJ iusuai of alquil aq lou[Igys pio[puel 'iadwd%sKulgl Puo[pu�l agi ieyt Tamm Sueut,Suadoid[¢uovad ayi Jo awdnp uagl dew plolpuel-pauopuege uaag angq osle w,Suadwd ayl m io uo Auadoid leuovad s,lusual,lapssuoa Agar paolpuel uayl 'Auadowd ayi Jo uoins d vanooas plolpuu l uayM•Auadwd leuovad pauopuegtl "6 'M21 Syl Jo uonglotn 12E[10 Aug 10J IUgnai lama pug Meal stgt aleutvuat Ons Aew pso[puel'lueuai usw to areal ssyi aigutuual lou saoP PsolPuel Pug areal styl Jo oval g sateJosn tueual JI 'saa)sdawone pug moo unoa gutpn[ous'piolpuel ayi Sq pled s adxa ayi snid lueual mau ayi wolf plolpuel Aq panuaas•Aug n'ivas Jo lunowe ayi Pug a -j sigi lapun lueuai Aq parvo tuns Jo iunows ayi uaamtaq aau=jji.payl SwAed aoJ algssuodsw aq pet's iueuai* s -jstyi lapun samo iueualslunowsAue.wd of puooM Pugduadwd ayi Suuuws ioJs uadxas,plolpuel,Sgdoiivspasnagpegs Sunuw-asoglaoJplolpue'l Sgpo,%! a luw.Suy'Mlaauoawosoi.ivadwd ayi iva ,(m plolpuel ayi vows uottsu ug Suuq.Sew piolpuel'ino snow lou scop tusuaiJl Auadwd ayi Jo uoissassod ayes Sew yolpuel•Msa'l stye us tuaw=ffu.Sue saiu[oia tueuai p to anp uaye slunowe layto io tual ayi Sed iou scop iueuai Jl•llneJaO 'S PbN8ENT / Ic MEMO TO: Dennis Kraft, Acting City Administrator FROM: LeRoy Houser, Building Official RE: Building Equipment Maintenance Contract DATE: January 4, 1989 INTRODUCTION We have contacted qualified companies to service City building equipment. BACKGROUND Each year we have accepted building equipment maintenance proposals on an hourly rate basis. I contacted qualified companies and only one replied, Associated Mechanical. Associated Mechanical for $1,920.00 plus $46.00/hr for service calls plus parts The maintenance contract will be absorbed by the Building Maintenance Fund. RECOMMENDATION Accept the proposal of Associated Mechanical for the maintenance contract. ACTION REQUESTED Authorize proper City officials to execute the maintenance contract with Associated Mechanical for $1,920.00, and the rate of $46.00 per hour for all repair work completed on call plus parts for work done not in conjunction with normally scheduled maintenance checks, for the 1989 operational year. LH:cah Attachment CALENDAR YEAR 1989 EQUIPMENT MAINTENANCE CONTRACT WITH CITY OF SHAKOPEE 129 EAST FIRST AVENUE, SHAKOPEE, MN 55379 TYPE OF EOUIP14ENT All plumbing, heating and air conditioning. LOCATION Attached to, or located upon, or in all City property and/or buildings. SCHEDULED CALLS PER YEAR Three (3) or on notice of defect. IN CONSIDERATION OF PAYMENT OF $1.920.00 PER YEAR A) Will inspect all air conditioners and heating units three times per year at intervals of four months. B) Lubricate all motors and bearing housings. C) Adjust all pulleys and belts. D) Furnish labor for installation of all parts necessary for proper operation at time of scheduled service call. E) All work under this agreement is to be completed within the normal eight hour working day. Any overtime work done upon of or with the approval of the City of Shakopee will be subject to overtime charges of 1 1/2 times per hour. F) It is further provided that the date on which service will be rendered each period will be determined by the service man's itinerary. However, all possible arrangements will be made to render such services as close to the date most convenient to the owner. G) The City of Shakopee will pay for all parts and materials. H) This agreement does entitle the City of Shakopee to emergency service calls. I) All repair work completed on "call" or done not in conjuction with normally scheduled maintenance checks will be billed out at the rate of $46.00 per hour, plus parts. CITY OF SHAKOPEE CONTRACTOR BY Mayor BY BY City Administrator Associated Mechanical BY City Clerk C SSOCIATED mechanical contractors, inc. 1257 Marschall Road,Suite 104•Shakopee,MN 55379- Phone:6121445-5100 December 23, 1988 City of Shakopee 120 East let Avenue - Shakopee, MN 55379 We propose the following Maintenance Contract for the year 1989 as follows: A. Will inspect all air conditioners and heating units three times per year at intervals of four months. B. Lubricate all motors and bearing housings. C. Adjust all pulleys and belts. D. Furnish labor for installation of all parts necessary for proper operation at time of scheduled service call. E. All work under this agreement is to be completed within the normal eight hour working day. Any overtime work done upon or with the approval of the City of Shakopee will be subject to overtime charges of lk times per hour. F. It is further provided that the date on which service will be rendered each period will be determined by the service man's itinerary. However, all possible arrangements will be made to render such services as close to the date most convenient to the owner. G. The City of Shakopee will pay for all parts and material. H. This agreement does entitle the City of Shakopee to emergency service calls. I. All repair work completed on "call" or done not in conjunction with normally scheduled maintenance checks will be billed out at the rate of $46.00 per hour, plus parts. All the above for the sum of one thousand nine hundred twenty and 00/100 dollars, ($1,920.00) To be billed as follows: Spring Check Up, May $1 ,152.00 Fall Check Up, September $ 384.00 Winter Check Up, January $ 384.00 Sincerely, 0,� .n� os ph M. Sand, Jr. President - 24 HOUR EMERGENCY SERVICE - CONSENT NJ MEMO TO: Dennis Kraft , Acting City Administrator FROM: David Hutton, City Engineerl L; ^ SUBJECT: Vierling Drive, Project No. 1987-12 DATE: January 9 , 1989 INTRODUCTION & BACKGROUND: According to the existing change order policy, Council consent is needed for change orders less than 1 % of the contract. Attached is Change Order No. 3 in the amount of $1x350 .00 (0 .2% of contract) for S.M. Hentges & Sons, Inc. , for the above referenced project. ACTION REQUESTED: Approve of Change Order No. 3 and authorize the appropriate City officials to execute this change order in the amount of $1 ,350 .00 to S .M. Hentges & Sons, Inc. , P.O. Box 212, Shakopee, MN 55379 • DH/pmp CO CHANGE ORDER Change Order No.: 3 Project Name: _13th Ave. (Vierlina Dr.) Street Improvements Date: January 5. 1989 Contract No.: 1987-12 Original Contract Amount $ 527.758.56 Change Order(s) No. 1 thru No. 2 $ 147.159.70 Total Funds Encumbered Prior to Change Order $ 674.918.26 Description of Work to be (Added/Deleted): Trash Guards on Storm Outlets The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be increased $ 1 .350.00 The number of calendar days for completion shall be (increased/decreased) by 0 Original Contract Amount $527,758.56 Change Order(s) No. 1 thru 1 $ 148.509.70 Total Funds Encumbered $ 676.268.26 Completion Date: Same The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: NI, / - � 1.,.. REVIEWED: By: - Shako -��-- pee Public Utilities Cc®ission Title Manaw Date: c-_, jcc�Z ( APPROVED AND RE ID: City Engineer Date APPROVED: City of Shakopee By: Approved as to form this Mayor Date day of 19 City Administrator Date City Attorney City Clerk Date CONSENT MEMO TO: Dennis Kraft, Acting City Administrator FROM: David Hutton, City Engineer W10 SUBJECT: Scott County Transportation Coalition DATE: January 9 , 1989 INTRODUCTION: This memo addresses the annual donation to the Scott County Transportation Coalition. BACKGROUND: For the last several years, the City of Shakopee has contributed $10 ,500 .00 to the Scott County Transportation Coalition to assist in lobbying for various new transportation projects. In the 1989 budget, an amount of $10 , 500 .00 has again been allotted for contribution to the Scott County Transportation Coalition. Council action is needed to submit this money to the Coalition. ALTERNATIVES: 1 . Approve of the budgeted amount and direct staff to submit a check to the Scott County Transportation Coalition of $10,500 .00 . 2. Approve a lesser amount than what was budgeted in the 1989 budget and authorize staff to submit this amount to the Coalition. 3 . Deny any contribution to the Coalition at this time. RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Move to direct the appropriate City staff to submit a check in the amount of $10 , 500 .00 to the Scott County Transportation Coalition. DH/pmp COALITION MEMO TO: Dennis Kraft, Acting Administrator FROM: David Hutton, City Engineer SUBJECT: Parking Restrictions Near Scott County Courthouse DATE: January 10, 1989 INTRODUCTION: This memo is a follow-up to an earlier Council discussion regarding the request from Scott County to implement two hour parking restrictions on those City streets in the vicinity of the Scott County Courthouse. BACKGROUND: On December 1 , 1988, Mr. Jim Slavik of Scott County submitted a letter to the Acting City Administrator requesting that the City Council implement two hour parking restrictions on those streets in the vicinity of the Scott County Courthouse. On December 20, 1988 the City Council directed the Chief of Police and the City Engineer to review the request and submit a recommendation to Council on January 17 , 1989. Attached is the original letter from Scott County as well as staff's December 14, 1988 memo to Council to provide additional background information for Council. During the week of January 3rd through January 6th, the parking situation around the courthouse was monitored by staff. During that week, between 8:00 A.M. and 8:30 A.M. the number of vehicles parked on Holmes Street, Fuller Street, 4th Avenue and 5th Avenue around the Courthouse ranged from 77 to 97 vehicles. At the same time the number of vacant spots in the parking lot between the Courthouse and the hospital ranged from 49 to 54. Clearly, this indicates that there are not enough vacant parking stalls in the parking lot to accommodate those vehicles currently parking on the street . Implementing two hour parking restrictions around the courthouse would in effect "push" those vehicles parking on the street further out into surrounding residential neighborhoods since the parking lot cannot accommodate the demand for parking. The main objective of the County' s request is to provide for additional parking for those persons visiting the Courthouse on business, closer to the entrances. While the implementation of 2-hour parking restrictions would accomplish this purpose, it would move the on-street parking problem out to adjacent residential neighborhoods. Both the Chief of Police and I do not recommend this course of action. ALTERNATIVES: 1 . Post the area along the west side of. Holmes Street in the Courthouse Block for 2-hour parking. 2. Post the north side of 5th Avenue in the Courthouse Block for 2-hour parking. 3 . Restrict parking to two hours for all streets as requested by Scott County. 4. Implement 2-hour parking on any other combination of streets as desired by Council. 5 . Make no changes in the parking restrictions around the Courthouse. RECOMMENDATIONS: The Chief of Police and I do not feel adding a 2-hour parking restriction on Homes Street would adversely impact the surrounding neighborhoods and would provide additional on street parking for visitors. (Alternative No. 1 ) In addition, 5th Avenue abutting the Courthouse has experienced some problems with vehicles obstructing driveways, according to Chief Brownell. To alleviate this problem a 2-hour restriction could be placed on this block, which would also create more visitor parking. (Alternative No. 2) It appears that adequate excess parking exists in the parking lot to handle the number of vehicles parking on-street for the above two alternatives. Two-hour parking restriction on those streets does not guarantee that those vehicles will use the parking lot rather than move farther out into residential neighborhoods. One other option for the County to obtain additional visitor parking is to relocate all employee vehicles in the small lot near the west entrance to the main parking lot and convert this smaller lot to exclusively visitor parking. Still another option would be for the County to find an alternative location for the parking of the fleet vehicles. Both of these options would be an internal policy decisions made by the County, rather than a City Council decision. ACTION REQUESTED: Discuss the overall request of the County for 2-hour parking restrictions around the courthouse and move to direct the appropriate staff to implement those restrictions decided on by Council and to notify Scott County of that decision. 7G MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Request from Scott County on Parking Limitations on Streets in the Vicinity of the Scott County Courthouse DATE: December 14, 1988 Introduction The attached letter was received from Mr. Jim Slavik, the Central Services Director for the County of Scott. Mr. Slavik is requesting two hour parking time limits on various streets around the Scott County Courthouse. Background Parking problems have been perceived in the vicinity of the Scott County Courthouse. Apparently some people, such as County employees, are parking all day on streets in the vicinity of the Scott County Courthouse. This results in inconvenience for visitors to the Courthouse. These people must either park in the adjacent off street parking lot or park on streets at locations farther from the Courthouse. This matter was discussed with the Chief of Police and he indicated that he thought it reasonable that two hour parking be posted for the west side of Holmes Street in the Courthouse block. However, Chief Brownell expressed some concern about restricting parking along the south side of 4th Avenue, the north side of 5th Avenue, the East side of Fuller Street and around Block 57 which is the parking lot located between the Courthouse and St. Francis. The Chief specifically indicated that he thought there is not an over abundance of off street parking in that parking lot and that the introduction of an extensive amount of two hour parking would perhaps result in people moving farther out into the residential areas in an attempt to find parking. The matter was also discussed with City Engineer Dave Hutton. It was Dave's recommendation that the City restrict parking on the west side of Holmes Street in the Courthouse block and that a study be conducted of the impact of restricting parking to two hours in the other areas requested by Scott County. Alternatives 1. Post the area along the west side of Holmes Street in the Courthouse block for two hour parking. 2. Restrict parking to two hours for all of the areas requested by Mr. Slavik. 3 . Make no changes in the parking restrictions around the Courthouse until a study could be conducted on the impact of this parking. 4. Study the impact of two hour parking restrictions on the streets requested by Scott County and report back to the City Council at the January 3rd meeting. Recommendation It is recommended that the City Council restrict parking to two hours along the west side of Holmes Street in the Courthouse block and that they direct the City Engineer and the Chief of Police to evaluate the impact of parking restrictions in the other areas requested by Scott County. Action Requested 1. Move to post the west side of Holmes Street in the Courthouse block for two hour parking. 2. Move to direct the City Engineer and the Chief of Police to evaluate the impact of posting two hour parking restrictions on the south side of 4th Avenue in the Courthouse block; the north side of 5th Avenue in the Courthouse block; the east side of Fuller Street in the Courthouse block, and on the west side of Fuller Street in Block 57. DRK/jms SCOTT COUNTY CENTRAL SERVICES or COURTHOUSE B6 JSHAKOPEE, MN. 55379-1398 (612)445-7750, Ext 157 / December 1, 1988 CITY OF SHAKOPEE Att: Mr. Dennis Kraft Acting City Administrator 129 First Avenue E. Shakopee, MN 55379 Re: Scott County Courthouse Parking Plan Dear Mr. Kraft: A Parking Plan Revision has recently been completed for the Scott County Courthouse parking lots. As part of this revision, we wish to also address the parking on city streets surrounding the Courthouse building. Please consider this as a formal request to provide posted two (2) hour parking limits for on-street parking around the Courthouse Square block. The following streets would be effected by this change: A. Courthouse Block, West side of Holmes Street B. Courthouse Block, South side of Fourth Avenue C. Courthouse Block, North side of Fifth Avenue D. Courthouse Block, East side of Fuller Street E. Block 57, West side of Fuller Street (parking lot west of Courthouse) I have already talked with Chief T. Brownell, Shakopee Police Chief, and Ray Ruuska, of the City Engineering Department; and the request meets with no resistance from their standpoint. In addition, if the City wishes to carry the parking limits onto further City streets, I would recommend that this be done at the same time. Please call me, at your earliest convenience, to arrange a meeting to discuss this project, to further address any questions or concerns that may exist. An Equal Opportunity Employer Page Two Courthouse Parking Plan Thank You for your immediate attention to this request by Scott County. Please contact me at the above address or telephone number (612) 496-8114. Sincerely, S J m Slavik C ntral Services Director JRS/js cc: Cliff McCann, Deputy County Administrator Fleet Management Team Members File:FLEETMGT MEMO TO: Dennis Kraft, Acting City Administrator FROM: Dave Hutton, City EngineeK�.kwa SUBJECT: Highway 101 Shakopee Bypass (Southerly) DATE: January 12, 1989 INTRODUCTION: This memo addresses the contract extension for Orr-Schelen- Mayeron for performing drainage design services associated with the State T.H. 101 Bypass Project. BACKGROUND: On August 2 , 1988, Mn/DOT requested that the City of Shakopee utilize the 1 .0 million dollar commitment to provide design assistance for the Shakopee Bypass Project. At that meeting, City Council authorized staff to notify Mn/DOT that the City will provide design assistance . The design assistance was divided into three areas: 1 . Roadway design for 6 crossroads. 2. Bridge design for the same 6 crossroads. 3 . Drainage design. In November, 1988 the City Council authorized the execution of the agreement with Barton-Aschman Assoc. for a total amount of $280 ,769 .89 for the purpose of designing the 6 cross roads associated with the Shakopee Bypass. In December, 1988 Mn/DOT has awarded the bridge design work to two consultants. The cost of this design service has not been decided upon yet. Regarding the drainage design portion , in August of 1988 a contract extension was signed with Orr-Schelen-Mayeron in the amount of $31 ,500 .00 to perform preliminary analysis and drainage design for the Shakopee Bypass. At that time, Council was informed that once the preliminary design was completed the consultant would then be able to prepare an estimate for the contract extension to provide detailed drainage design plans for the bypass. Attached is a letter from Orr-Schelen-Mayeron indicating that their estimate for completing the final design services for the Highway 101 Bypass drainage improvements is estimated at $115,000 .00. OSM is requesting a contract extension to perform these services with a "not to exceed" fee of $115 ,000 .00. ALTERNATIVES: 1 . Approve of the contract extension to OSM for $115,000 .00 to perform final design services associated with the Shakopee Bypass drainage improvements as described in the attached Scope of Services. 2. Deny the request. RECOMMENDATIONS: Staff recommends Alternative No. 1 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached contract extension agreement with Orr-Schelen-Mayeron & Assoc. for the purpose of providing design services associated with the T.H. 101 Shakopee Bypass storm drainage improvements at a cost not to exceed $115,000.00. DH/pmp CONSULTANT O RL[en Associates,uic /� 2021 East Hennepin Avenue / Minneapolis.MN 55413 January 9, 1989 612-331-8660 FAX331-3806 Engineers stnveyo rs PLanne Planners City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attn: Mr. David Hutton, P.E. City Engineer Re: Contract Extension Agreement Mn/DOT Trunk Highway 101 Bypass Storm Drainage Improvements Shakopee, Minnesota Dear Mr. Hutton: As per our Agreement for Professional Services with the City of Shakopee, Section i-A - 3-b (Major Projects), this extension agreement is for the Mn/DOT Trunk Highway 101 Bypass storm drainage improvements. - Orr-Schelen-Mayeron & Associates, Inc. agrees to accomplish the attached Scope of Services for a fee not to exceed $115,000. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. We look forward to working with you on this project. If this proposal meets with your approval , please sign below and return one copy to our office. Yours very truly, ORR-SCHELEN-MAYERON - CITY OF SHAKOPEE & ASSOCIATES n,^/INC . _ 4 W ` \ may/ Robe t D. Frigaar .E. Associate John . Badalich, P.E. Vice President RDF/JPB:mlj Enclosure ENGINEERING SERVICES Mn/DOT TRUNK HIGHWAY 101 BYPASS STORM DRAINAGE IMPROVEMENTS SHAKOPEE, MINNESOTA SCOPE OF SERVICES A. DESIGN PHASE 1. Prepare preliminary alignment maps for right-of-way acquisition 2. Set up soil testing program and evaluate borings (testing to be paid for by the City) 3. Determine final alignment based on City and State reviews of the preliminary alignment being completed by OSM as part of the hydrologic study of the Upper Valley Drainage system 4. Necessary survey work to prepare final construction plans (easement work will be extra) 5. Final project design 6. Preparation of design plans, specifications and bidding documents 7. Preparation of detailed construction cost estimate 8. Prepare and submit necessary permit applications to regulatory agencies 9. Assist the City in advertising for bids and provide recommendations for award of contract B. CONSTRUCTION PHASE 1. Provide required construction engineering services as follows: a. Periodic observations of the work in progress (once a week - 4 hrs.) b. Preparation of supplementary drawings to clarify working drawings c. Review of shop drawings to determine compliance with plans and specifications d. Review of necessary testing done by testing laboratories e. Final inspection and report of completed project f. Completion of as-built plans for City records MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Judith S. Cox, City Clerk RE: Appointments to Boards and Commissions DATE: January 13, 1989 Introduction Nominations have been made to various boards and commissions to fill terms expiring January 31, 1989. It is appropriate at this time for appointments to be made. Background Terms on various boards and commissions are expiring on January 31st. If appointments are made at the January 17, 1989 Council meeting, these appointees can be seated at the respective February meetings. Appointments to boards and commissions will become effective at the first meeting in February (except that the SPUC appointment becomes effective at their first meeting in April. ) There is sufficient time between the appointments and the first meetings for appointees to receive an agenda packet and become familiar with the material prior to the meetings. I have received an application from Jim Moline who is interested in serving on either the Planning Commission or on the Community Recreation Board, or any other board. If he is not appointed to either the Planning Commission or the Recreation Board, I would recommend that he be appointed to the Energy and Transportation Committee since they will continue to be short members. If Council wishes to nominate Mr. Moline, they should dispense with the rules and make the nomination, since nominations were closed at the last Council meeting. Mayor Lebens has advised me that Councilman Scott has advised her that he is withdrawing his application for appointment to Shakopee Public Utilities Commission. At the January 3rd Council meeting, Melanie Kahleck was nominated to the Energy and Transportation Committee. She has already been appointed and is currently serving a term expiring January 1, 1991 on the Energy and Transportation Committee. Therefore, there is no need to appoint her again. To expedite the balloting, I recommend that the first ballot be completed early on in the Council meeting so that the ballots can be tallied before the appointments come up on the agenda. No balloting is necessary where there is only one candidate for an opening. Nominees Action Recommended John Schmitt 1. Move to appoint to the Melanie Kahleck Planning Commission/Board of James Moline Adjustment and Appeals for a four year term expiring January 31, 1993. John Roepke 2. Move to appoint John Roepke to the Police Civil Service Commission for a three year term expiring January 31, 1992. Jim Cook 3. Move to appoint Jim Cook to the Shakopee Public Utilities Commission beginning April 1, 1989 for a three year term expiring April 1, 1992 . Elmer Otto 4. Move to appoint Donna Roman, Donna Roman and (if candidates remain- James Moline ing) to the Energy and Transportation Committee for three year terms expiring January 31, 1992. Bill Anderson 5. Move to appoint Bill Anderson and Lillian Abeln Lillian Abeln to the Cable Communica- tions Advisory Commission for three year terms expiring January 31, 1992. Robert Tomczik 6. Move to appoint to Shakopee Frank Houser Community Recreation Board for a two James Moline year term expiring January 31, 1992. Randy Laurent 7. Move to appoint Randy Laurent and Jim Jim Link Link to the Housing Advisory and Appeals Board for three year terms expiring January 31, 1992. Randy Laurent 8. Move to appoint Randy Laurent and Jim Jim Link Link to the Building Code Board of Adjustment and Appeals for three year terms expiring January 31, 1992 . Al Furrie 9. Move to appoint and Jane DuBois to the Community Development Commission Elmer Otto for three year terms expiring January Debra Amundson 31, 1992. Jon Albinson lo. Move to appoint to the Community Development Commission to fill the unexpired term of Tim Keane expiring January 31, 1991. FIRST BALLOT SECOND BALLOT Planning Commission (Vote for 1) Board or Commission _ Melanie Kahleck _ James Moline _ John Schmitt Community Development Commission (Vote for 3) _ Jon Albinson Debra Amundson Jane DuBois Al Furrie Elmer Otto Community Recreation Board (Vote for 1) _ Frank Houser _ James Moline Robert Tomczik 11,4' TO: Dennis R. Kraft, Acting Administrator FROM: Gregg Voxland, Finance Director RE: City Attorney Compensation DATE: January 12, 1989 Introduction Council has not accepted the proposal for legal services from Mr. Collar for 1989 nor have they established an annual retainer amount for 1989. Back rg ound The City Attorney's retainer was set by the Pay Schedule in prior years. It was not on the Pay Schedule for 1989 because of the proposal process and Council had not selected who was going to provide services for 1989. Also, I feel it is more appropriate for Council to accept a proposal for the City Attorney for the retainer than to set by the Pay Schedule. The current Asst City Attorney charges on a billing basis versus the City Attorney being compensated on a retainer basis. Since a City Attorney has not been selected (or a different one selected) , Council needs to determine the compenstion for Mr. Coller for work in 1989. Alternatives 1. Monthly compensation the same as 1988 ($2,335.66) . 2. Monthly compensation 3.58 more than 1988 ($2,417.41) . 3. Monthly compensation as the rate in Mr. Collar's proposal ($2,491.67) . 4. Other arrangement. Recommendation Alternative number 3. Action Move to compensate Mr. Coller as City Attorney at the rate of $2,491.67 per month for 1989 until such time that Council makes other arrangements for the provision of legal services. Memo To: Dennis R. Kraft, Acting City Administrator From: Gregg Voxland, Finance Director VVV Re: Purchase of Light Truck Date: January 9, 1989 Introduction The 1989 Budget contains the provision for the purchase of a pickup for the Engineering Dept, and a pickup for the Inspection Dept. Backeround The 1989 budget for the Inspection Division contains $10,300 for the purchase of a new pickup. This is a replacement for the 1982 (56,300 miles) Dodge Aries that LeRoy Houser drives. The Dodge was passed down from Tom Brownell. A 1984 GMC pickup was purchased new for LeRoy in March 1984 and that is now being used by the Assistant Inspector. It currently has 62,300 miles on it with an annual rate of 13,000 miles per year. The 1984 GMC is a 1/2 ton, two-wheel drive full-size pickup with power steering, power brakes, air conditioning and a six cylinder engine. As I recall, LeRoy asked Council for the A/C at the time of purchase with Council approval and the full size is for higher ground clearance. The 1989 truck would be similarly equipped except for LeRoy's request for a cloth seat for which the dealer said there is no extra charge. The Hennepin County bid for full-size 1/2 ton pickups went to Thane Hawkins Polar Chevrolet at a price of $9,562 for the above unit. The 1989 budget for the Engineering Dept, contains $10,500 for a new pickup. As far as I know, Engineering has never purchased a new vehicle. This one would be driven by the Engineering Coordinator and the 1982 Dodge Aries used by the seasonal inspectors (passed down from John Anderson) would be sold. The Engineering Coordinator currently drives a 1982 S-10 pickup with 63,500 miles on it and puts on about 5,500 miles per year. This will be cycled down for other departmental employees to use. The truck proposed for purchase under the Hennepin County contract is a 1989 S-10 pickup with power steering, power brakes, automatic transmission, AM radio, short box (61) , four cylinder engine and 2 wheel drive. The truck as specified is $7,849 including manuals. During budget time, the Equipment Committee reviewed the 5-year Equipment List and discussed whether or not to put air conditioning in Engineering Dept. vehicles (City Engineer excepted) and decided not to include that feature. Accordingly, A/C was not in the specifications for a new truck. The City Engineer reported to me that he contacted the Equipment Committee regarding adding A/C to this truck. The dealer quoted a price of $650-699 over and above the bid price to add A/C. Reportedly, the Equipment Committee concurred with the request to add A/C. Note: The dealer may have made an error in quoting $650 and may insist on $699 (same as full size truck). Alternatives A. Inspection Truck 1.) Buy as per above ($9,562) 2.) Do not buy this year 3.) Rebid on hour own B. Engineering Truck 1.) Buy as per above without air conditioning ($7,849) 2.) Buy as per above with air conditioning ($8,548) 3.) Do not buy this year 4.) Rebid on our own Recommendation A. Alternative no. 1 B. Alternative no. 1 or 2 Action Recuested Move to purchase from Thane Hawkins Polar Ghevrolet one-half ton pickup in the amount of $9,562 for the Inspection Department and one compact pickup in the amount of $ with/without air conditioning for the Engineering department. GV:mmr CONSENT Memo To: Dennis R. Kraft, Acting City Administrator From: Gregg Voxland, Finance Director Re: Purchase of Administrative Pool Car Date: January 9, 1989 Introduction City Hall has had one car available for general use for many years. This past summer Community Development "reserved" the car for the use of its employees. The car in question is a 1982 Fairmont with 83,300 miles on it. Many employees consider it unreliable for use out of Shakopee. Background Accordingly, the 1989 budget has $9,000 in the Community Development department budget for the purchase of an additional car for true "pool" use so that there is a reliable car available for general staff use. It is planned to buy a newer used car from National or Avis under the Hennepin County contract ($500 below book) or from North Star Auto Auction. The Police Department has bought cars from North Star for several years. The auto would be a standard type intermediate or compact car. The 1982 Fairmont would stay as a Community Development car for local use by staff, possible including the Housing Inspector. Alternatives 1.) Do not buy. 2.) Obtain quotes for Council action (car may be sold before Council can act.) 3.) Authorize staff to purchase a car. Recommendation Alternative No.3 Action Requested Authorize the Finance Director to purchase an intermediate or compact type car at a cost not to exceed $9,000 including tax and license. Said car to be used for general administrative or pooled used by all departments. GV:mmr CONSENT TO: Dennis R. Kraft, Acting Administrator /I FROM: Gregg Voxland, Finance Director RE: Interfund Transfers DATE: January 11, 1989 Introduction ------------- Request Council approve of the following transfers. They have been made in accordance with the 1988 Budget as amended and previous Council action. Background To the General Fund From Capital Equipment for equipment purchases Administration Automobile Coon Rapids Chry. $9,073.00 Automobile Ziebart 60.00 Automobile Deputy Registrar 604.13 Finance Dept Copier Deavney 11,470.00 Workstation Quest 1,414.00 Textware Software Mkt Intl 1,995.00 Desktop Publisher Egghead 636.50 80meg hard drive Quannon 2,132.00 Fire Dept Hose Smeal 1,050.00 Hose Midcentral 1,925.95 Hazardous Material Suits Conway 3,294.00 Air Paks Midcentral 30,139.04 Mack Refurbish Smeal 52,037.20 Police Automobile Lichtsin Motors 6,660.00 Automobile Deputy Registrar 420.35 Radar (2) Kustom Elect. 3,560.00 Computer Printer Computer Exercise 604.90 Computer Computer Exercise 2,536.58 Computer Computer Exercise 2,536.58 Radios Motorola 1,596.94 Engineering Video camera Nat'l Camera 1,163.00 VCR Nat'l Camera 299.00 Television Nat'l Camera 538.00 Street Dept Street Flusher GMC 11,331.00 Street Flusher Ruffridge 27,580.00 Street Flusher Deputy Registrar 705.61 Street Flusher Malkerson 285.00 Pickup Valley Sales 13,682.15 Pickup Ziebart 80.00 Pickup Deputy Registrar 843.80 Pickup Carb 6 Turbo 740.25 Pickup Malkerson 254.00 Sidebroom Scott County 12,500.00 Tamper Boyum 1,986.56 Fail mower Carlson Tractor 2,269.00 Park Pickup Viking GMC 9,930.00 Pickup Ziebart 80.00 Pickup Deputy Registrar 619.27 Pickup Carb 5 Turbo 740.25 Pickup Malkerson 254.00 Packer Boyum 14,800.00 ------------ 234,427.06 To the Debt Service Fund #32 from the surplus track offsite projects funds 248,497.92 To the Capital Imp. Fund from the 1976 Imp. Fund to close the fund 364,346.34 from the 1977A Imp. Fund to close the fund 78,099.01 from the 1977C Imp. Fund to close the fund 383,978.25 Action Requested Move to approve of the following interfund transfers; from Capital Equipment to the General Fund $234,427.06 from Track Offsite to Debt Service #32 248,497.92 from 1976 Imp. Fund to the Capital Imp. Fund 364,346.34 from 1977A Imp. Fund to the Capital Imp. Fund 78,099.01 from 1977C Imp. Fund to the Capital Imp. Fund 383,978.25 0- ENT MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Worthless Check Prosecution Agreement DATE: January 5, 1989 Introduction The Scott County Attorney's Office is offering to prosecute all worthless check charges occurring with the City of Shakopee. Background Scott County has entered into an agreement with the National Corrective Training Institute, Inc. (NCTI) to have NCTI operate a prosecution diversion program for worthless check offenders. As a part of this program and as an assistance to local businesses, the Scott County Attorney's Office is making this program available to all cities in Scott County. The program would be operated at no cost to the City. The program has been discussed with both the City Attorney and the Assistant City Attorney and each strongly endorses the City entering into this agreement. The prosecution of worthless check charges consumes a fair amount of time and results in the City's attorneys taking time away from other projects of greater importance to the City. The attached letter explains the program in greater detail. Also attached is a prosecution agreement which is to be signed if the City Council decides to enter into this program. Alternatives 1. Enter into the worthless check prosecution agreement with Scott County. 2. Do not enter into this program and have the City Attorney or Assistant City Attorney prosecution worthless check charges. Recommendation Alternative No. 1 is recommended. Action Requested Move to enter into a prosecution agreement with the Scott County Board of Commissioners and the Scott County Attorney for the - purpose of having Scott County prosecute all worthless check misdemeanors for the City of Shakopee. DRK/jms THE OFFICE OF THE SCOTT COUNTY ATTORNEY COURTHOUSE 206 . �h. SHAKOPEE, MN 55379-1380 (612)-496-8240 JAMES A.TEP W ECO County Attorney January 2, 1988 Shakopee City Administrator Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 RE: Worthless Check Prosecution Agreement Dear Mr. Craft: Scott County has entered into an agreement with National Corrective Training Institute, Inc. (NCTI) to have NCTI operate a prosecution diversion program for worthless check offenders. The goals of the program are to deter the passing of worthless checks and to increase the amount of restitution for the victims of worthless check offenders. In order to promote these goals and to help all businesses in Scott County which lose money due to worthless checks, we are making this program available to all cities in Scott County. We invite your City Attorney's Office to participate in this program at no cost to your city. I have already had an opportunity to discuss the program with your city attorney, and I believe that your city has given its preliminary approval to the proposed program. I will summarize for you how the program works. Businesses and individuals who receive worthless checks will first mail notice of nonpayment or dishonor to the offender pursuant to Minnesota Statute Section 609.535 Subd. 3. If they do not receive payment they will refer the matter to NCTI. NCTI, acting under the authority of the Scott County Attorney, will mail a letter to the offender which gives the offender an opportunity to avoid prosecution. The letter will state the offender can avoid prosecution by making restitution and paying a service charge. The letter will also state that if there is no response within a stated time, the offender will be required to take an 8-hour training class or face prosecution. If there is no response a second letter will be mailed demanding Criminal Civ Civil o;". uyem1a CIV ViCfiTNvtres. Thanes J.Harbinson, Jay L.Ameson Peggy A.Flail Ae.immnrn First Assistant Sian A.Nasi Anita A.Sealing Jim W.Petersen Waren A.Korhis Paralegal Susan K MCNellis i Nei G.Nelson Kathryn A.Santalmann aures W.R.Gla"mr. 16 Special Assistant An Equal Opportunely Employer 1%W 'Ifte ftp restitution, payment of the service charge, and enrollment in the training class. If there is still no response the matter will be referred to the Scott County Attorney for prosecution. If your City desires to participate in this program and have the Scott County Attorney handle the prosecution of your worthless check misdemeanor cases, then please have your City Council approve the enclosed Prosecution Agreement at its next meeting. Please return the signed Prosecution Agreement to my office. If you would like me to address the next meeting of your City Council to answer any questions regarding the program, please call my secretary, at 496-8240 to schedule my appearance. Sincerely JAMES A. TERWEDO SCOTT COUNTY ATTORNEY PROSECUTION AGREEMENT THIS AGREEMENT, made and entered into by and between the Scott County Board of Commissioners and the Scott County Attorney, hereinafter referred to as "Scott County" and the City of Shakopee, hereinafter referred to as "City". WITNESSETH THAT: WHEREAS, Minnesota Statute 487.25, Subdivision 10 has been amended to authorize a municipality to enter into an agreement with the County Board and County Attorney to provide prosecution services for any criminal offenses; WHEREAS, the Shakopee City Council at its meeting on , requested that Scott County prosecute all worthless check misdemeanors for the City; WHEREAS, Scott County wishes to enter into an agreement with the City for the prosecution of all worthless check misdemeanors; WHEREAS, Scott County has entered into an agreement with National Corrective Training Institute, Inc. (NCTI) which provides that NCTI will attempt to collect on worthless checks prior to prosecution; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: I. TERM The term of this contract is from January 1 , 1989 through December 31 , 1989, the date of signature by the parties notwithstanding, unless earlier terminated as provided herein. II. TERMINATION This agreement may be terminated by either party at any time upon not less than thirty (30) days written notice delivered by mail or in person to the other party. Notice to Scott County shall be delivered to the County Attorney, Scott County Courthouse, Shakopee, Minnesota 55379. Notice to the City shall be delivered to the City Administrator, 129 E. 1st Avenue, Shakopee, Minnesota 55379. III. SERVICES TO BE FURNISHED BY SCOTT COUNTY Scott County through Scott County's Attorney's Office agrees to provide prosecution services for any misdemeanor worthless check offense occurring within the city limits of the City of Shakopee. Pursuant to its contract with NCTI, Scott County will _ accept referrals of worthless check offenders to its worthless III check collection program. IV. COMPENSATION FOR SERVICES The City agrees that the City's portion of fine proceeds pursuant to Minnesota Law for providing prosecution of offenses for cases prosecuted by Scott County pursuant to this Agreement shall be paid over to Scott County as compensation for services rendered herein. V. RATIFICATION The City, in binding itself to this Agreement, hereby agrees to and ratifies all actions taken by the Scott County Attorney's Office under this Agreement in its prosecution of worthless check misdemeanors for the City for the period of time covered by this Agreement. VI. AMENDMENT This Agreement may be amended at any time when expressed in writing and duly signed by the parties. Dated: SCOTT COUNTY John (Jack) F. Casey, Chairman Scott County Board of Commissioners ATTEST: Joseph F. Ries Scott County Administrator and Clerk of the Board Dated: SCOTT COUNTY ATTORNEY James A. 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Kraft, Acting City Administrator RE: Council Meeting Procedures DATE: January 13, 1989 Introduction At the beginning of each year, Council has been reviewing their worksession materials on Council procedures. What's your reaction looking over the last 12 months? This is a good opportunity to take stock and fine tune the procedures from previous years if you have good suggestions. Review of 1988 pmarhn'es 1. Haw Councilmeimbers get items on the agenda. Call and ask staff to place a note about the item under Other Business on the upcoming agenda. After discussing the item with other members of Council, a motion can be made to take whatever action is appropriate. 2. Stopping time is 10:30 p.m. or 11:00 p.m. when there is a HRA agenda. 3. The Chairman will comment on issues last and try to facilitate discussion. 4. ane Chairman will make an informal effort to "go around the table" for ccuments. 5. There should be a self imposed limit of two cmmnents per item. 6. Counciimcmhcrs are urged to use "Boa to Aid Discussion by Asking the Right Questions" (attached and in plastic cover also at council table) (Also attached is a list of motions in order of precedence to move the discussion along to canply with 42 above. Council has also asked the City Adm;nistrator to use the same tools to help move discussion along.) 7. Procedures for Public Hearing: a. Mayor announces and emphasizes public hearing rules: 1) Citizen give name and address before speaking. 2) Everyone speaks once before a second chance to speak is given. 3) Citizens speak to Chair or Council ' not other members of the audience (to avoid back and forth discussions) . b. Council discusses issue before opening up to the audience. c. Open discussion up to the audience. S. All item to be acted on should be on the agenda with completed staff work. 9. Staff's role and responsibilities for completing staff work for agenda items: a. What a good staff report should accomplish. 1) Introduction 2) State problem or issue 3) List alternatives with pros and cons 4) Make recomwendation 5) State "Action Requested" b. The staff report process. All information on an agenda item should be presented to all Co uncilmembers in the staff report. (problems arise when information is not in the agenda packets and therefore not available to all Councin"e"iers.) c. Calls to City staff - the 20 minute rule of thumb means any requests to staff requiring more than 20 minutes to handle should be handled under No. 1 above. d. When to ask questions about agenda items - Monday or Tuesday before the meeting whenever possible. e. when to ask staff to follow-up on miscellaneous items - for e>m ple: potholes, junk cars, etc., should be covered when first received by Camcilmember, not ,saved" for the Council meeting. This insures a quick response to the citizen's request. f. Responses to citizens' complaints about City staff handling of a problem, etc. Council's response should normally be, "I'll check into it and call you back". Avoid "taking sides" until all the facts are known. g. What to do when staff comes to Cou cijmembers about a problem or item on the agenda. Request that the staff persons take their concerns through the staff report process (see 9b) . 10. Use of Council worksessions (i.e. committee meetings) • Stmmoar The ability of City council to effectively cake decisions at public Council meetings depends in large part on how Council conducts its meeting and how the information necessary to make those decisions is provided to all Council- mmbera. The meeting procedures and the staff memo system outlined above will play a key role in determining the effectiveness of the Council. If you have questions about the material in this memo or would like to suggest changes please plan to do so on Tuesday. Action Recueste3 _ Move to accept the Council meeting procedures for 1989 as outlined in the Council memo regarding the subject dated January 13, 1989. Mwims HOW TO AID DISCUSSION BY ASKING THE RIGHT QOESPIONS* To Define Problems: 1. As I understand it, the problem is.... does anyone have additional information on the issue? 2. Would aruyone care to suggest facts we need to better understand the issues involved? To Broaden Participation: 1. We've heard from some of you. Would others who have not spoken like to add their ideas? 2. Hod do the ideas presented so far sound to those of you who have been thinking about them? 3. What other issues related to this problem should we discuss? To Limit Participation• 1. (To a dominating participant) We appreciate your ideas but perhaps we should hear from others. Would some of you who have not spoken care to add your ideas to those already expresseO 2. You have made several good comments and I wonder if someone else might like to ask a question or make a statement? 3. Since all of the group has not yet had an opportunity to speak, I wonder if you would hold your comments until a little later. To Focus Discussion: 1. Where are we in relation to the decision we need to make? 2. Would you like to have me review my understanding of what's been said and where we are? 3. That's an interesting comment. However, I wader if it relates exactly to the problem that's before us? 4. As I understand it, this is the problem... . Are there additional comments before we come to a decision? To Move The Meeting Alora• 1. I wonder if we've spent enough time on this and are ready to move along to. .. .? 2. Have we gone into this aspect of the problem far enough so that we could shift our attention to.. ..? 3. In view of the remaining agenda items (or time we've set to adjourn) would it be well to go on to the next question before us? to To Help The Grour Evaluate Where It Is: 1. Do any of you have the feeling we are at an inpasse on this issue? 2. Should we look at our original objective for this discussion and see how close we are to it? 3. Now that we are nearing the end of the meeting would anyone like to suggest how we might improve our next meeting? To Help Reach A Decision: 1. Do I sense an agreenent on these points. ...? 2. We seen to be moving tward a decision that would.... (Chairperson describes decision) Should we consider what it will mean in.terms of.. .. if we decide this way? 3. What have we a=vplished up to this point? 4. Would someone care to sum up or discussion on this issue? To Provide Continuity: 1. At our last meeting we discussed this issue. Would someone care to review what we covered then? 2. Since we will not omplete this discussion at this meeting, what are some of the issues we should take up at the next meeting? 3. Would someone care to suggest additional information or issues we need to consider before our next meeting? * Adapted from "Working with Groups", Lizette Weiss, Director of Public Affairs, Association of Bay Area Governments, Berkeley, California. DIAGRAM OF PARLSAME14TARY MOTIONS IN ORDER OF A2E®INCE (Except for Incidental Motions, which have no rank among themselves) Fix time to Adjourn Adjourn PP=IF7® Take Recess MITIONS Question of Privilege Call for orders of the Day Appeal Division of Asseably Division of a Question Filling Blanks Objection INCIDENTAL Parliamentary Inquiry MORONS Point of Information Point of Order Read Papers Suspend the Rules Withdraw a Motion Lay on the Table ThePrevious Question (Close Debate) Limit or Extend Debate Postpone to a Definite Time SUBSIDIARY Refer to a Committee MOTIONS Amend the it Anen dment Postpone Indefinitely MAIN or PRINCIPAL MOTION Miscellaneous motions after action has been take on Main or Principal Motion: Take from the Table (undebatable) Rescind (debatable) Reconsider (debatable) Ratify (debatable) MEMO TO: Mayor and City Council FROM: Dennis R. Kraft, Acting City Administrator RE: Additional Meetings DATE: January 13, 1989 Introduction The City Council needs to set meeting dates for a number of items which will not be handled during regular Council meetings. Housing Code Program - Earlier this month the City Council deferred action on the discussion of the Housing Code Enforcement Program. It is recommended that the City Council hold a special meeting on Tuesday, January 31st at 7: 00 p.m. for the purpose of discussing the Housing Code Program. Goals and objectives session - Annually the City Council has a Goals and Objectives Session where major projects that the Council wants to consider during the year are discussed. It is suggested that this meeting be held on Tuesday, February 14th. During the past years the City Council has sometimes held the meeting in conjunction with a dinner and other times has held the meeting in the evening. If the City Council wants to hold it in conjunction with a supper it is suggested that the meeting start at 4:30 or 5:00 p.m. If this were to happen Councilmembers would be able to cover all items involved and still adjourn at a reasonable time. The Council should decide what format they want for this meeting and inform the Acting City Administrator. City Attorney Interviews - A couple of months ago the City Council advertised for proposals for the position of City Attorney. Six proposals were received and the information was distributed to City Councilmembers. It is suggested that the City Council establish a time for conducting interviews with the six law firms. Thursday, February 16th or Tuesday, February 21st are two dates which could be set aside for interview purposes. Once decisions have been made on the above mentioned items the scheduling will take and accommodations will be made as required. Action Requested Move to set the date of at p.m. for a meeting to discuss the Housing Code Program. Move to set the date of at P.M. for the purpose of conducting the annual Goals and Objectives Session. Move to set the date of at p.m. for the purpose of conducting interviews with the six law firms who submitted proposals for City Attorney. DRK/jms CONSENT MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Sidewalk Snow Removal DATE: January 10, 1989 INTRODUCTION The present snow removal ordinance is too difficult to work with and requires too much staff time to administer. BACKGROUND I would like to suggest that Council consider amending the City Code to read, "If sidewalks are not cleared 24 hours after a snowfall, the City of Shakopee will have the snow removed and bill the property owners. " Research on personnel, additional liability and cost should be conducted before a final decision is made ' A resident of the mentally handicapped facility was just about run over on County Road 17 on Sunday because he had to walk on the street because the walks were not shoveled. ALTERNATIVES 1. Leave the ordinance as is. 2. Amend the ordinance. 3. Look into alternatives and cost to change code. RECOMMENDATION I recommend we look into alternatives. ACTION REQUESTED Direct staff to research and suggest alternatives to changing the City Code relating to snow removal. LH:cah CONSENT Ili Memo To: Dennis R. Kraft, Acting City Administrator From: Gregg Voxland, Finance Director Re: Mileage Reimbursement Date: January 13, 1989 Introduction The city currently reimburses employees for the use of their personal car for city business at the rate of $.225 per mile. Back rg ound The IRS has issued revised regulations on the use of vehicles and revised the mileage allowance to $.24 per mile. Therefore, staff recommends that the City set the reimbursement rate for business use of personal cars at $.24 per mile effective February 1, 1989. The rate of $.24 is the cutoff set by IRS. Several things are accomplished by keeping the rate within IRS guidelines. 1.) The city does not have to compute and pay FICA on any overage. 2.) The City saves the staff work involved in sorting through the vouchers for employee travel and subsistence reimbursement. 3.) The employee is saved the trouble of having to file the extra forms with their income tax return documenting business use of their car and avoids any question of the necessity of keeping a log of business miles for their personal car. Alternatives 1.) Keep mileage reimbursement rate at $.225/mile. 2.) Set mileage reimbursement rate at $.24/mile Recommendation Alternative No. 2 Action Reauested Move to set the mileage reimbursement rate for the use of personal vehicles for City business at $.24/mile effective February 1, 1989. MEMO TO: Dennis Kraft, Acting City Administrator FROM: David Hutton, City Engineer . SUBJECT: Market Street Corridor DATE: January 9, 1989 INTRODUCTION: Attached is Resolution No. 3010, Ordering a Report Prepared for Improvements to Market Street, Between 1st Avenue and 7th Avenue. BACKGROUND: On September 20 , 1988 the City Council directed staff to prepare a preliminary report regarding the improvement of Market Street between 1st Avenue and 7th Avenue, including an extension of the street through the railroad tracks. Council further directed staff to submit the report to the Planning Commission for their discussion and recommendation. The report submitted to the Planning Commission is attached for Council review . At the conclusion of the report , staff recommended that the formal proceedings for improving Market Street from 1st Avenue to 7th Avenue be initiated by ordering a feasibility report prepared. On January 5 , 1989 the Planning Commission discussed this item and concurred with staff ' s recommendation . The Planning Commission moved to recommend that the City Council initiate the street improvement by ordering a feasibility report prepared. Staff is requesting that Council discuss the overall merits of improving Market Street and adopt Resolution No. 3010 , which orders a feasibility report prepared for this project. ALTERNATIVES: 1 . Adopt Resolution No. 3010. 2. Deny Resolution No. 3010. RECOMMENDATIONS: Staff recommends Alternative No. 1 . ACTION REQUESTED: Offer Resolution No. 3010 , A Resolution Ordering the Preparation of a Feasibility Report for Improvement to Market Street Between 1st Avenue and 7th Avenue and move its adoption. DH/pmp MARKET MEMO TO: Planning Commission FROM: David Hutton, City Enginee6� SUBJECT: Market Street Corridor DATE: November 16 , 1988 INTRODUCTION: On September 20 , 1988 the City Council directed staff to prepare a report regarding the improvement of Market Street , including the possible extension of the street through the railroad tracks. Council further directed staff to submit the report to the Planning Commission for their discussion and recommendation. BACKGROUND: The concept of extending Market Street through the tracks and making this street a major collector street has been discussed and planned for a number of years. Up to this point in time though, there has been no definite direction by the City in addressing the Market Street corridor. Staff has researched the files and various reports in an attempt to bring together all available information on Market Street to assist the Planning Commission in their discussion. Comprehensive Plan The 1981 Comprehensive Plan indicates that Market Street is a designated collector route. Attachment A is a excerpt from the Comprehensive Plan (Page 64) which discusses Market Street. Also, enclosed is a copy of the map from the Comprehensive Plan showing the major transportation routes in Shakopee. (Attachment B) 1984 Traffic Study In 1984 , the City of Shakopee hired Westwood Planning & Engineering Company to evaluate the existing street system in Shakopee , as well as future needs . The report further made recommendations on upgrading several traffic corridors to accommodate future traffic needs in the City of Shakopee. One of those corridors discussed was the Market Street corridor. Attachment C is various excerpts from that traffic study report. Page 18 from the report (and accompanying map ) discusses the Market Street corridor in detail. Page 24 from the report makes several recommendations regarding railroad crossing improvements, one of which is to close the Minnesota Street crossing and- relocate it to Market Street. Page 26 from the report makes a recommendation on street improvements to Market Street, by extending Market Street all the way to 1st Avenue. Market Street 19-4O November 17 , 1988 Page 2 Municipal State Aid Street Market Street, from 10th Avenue to 1st Avenue has been designated as a Municipal State Aid Street (MSAs) . Attachment D is a copy of the state aid map for this portion of the City. A state aid street must begin and terminate at either another state aid street, a County state aid highway or' a trunk highway. If Market Street does not extend all the way to 1st Avenue, the City will have to redesignate another street as a state aid street and remove Market Street from state aid designation (at least the portion from 1st Avenue to 4th Avenue) . FAU Street Market Street, from 10th Avenue to 1st Avenue, is also designated as a Federal Aid Urban (FAU) street. Attachment E is a copy of the FAU street system for Shakopee. An FAU designation means that in addition to state aid funds , federal funding is also available for improving this street. History of Proposed Improvements to Market Street I. 2nd Avenue to 4th Avenue In 1986 , a petition was received to improve this portion of Market Street and a feasibility report ordered. In April of 1987 , the report was completed and a public hearing was scheduled . Basically , the report estimated the costs . for improving Market Street two ways . The first estimate was for constructing Market Street to state aid standards for a collector street (44 feet wide) . The total cost estimate for this alternative was around $80 ,000 . The second estimate assumed a 36 foot wide local street and the total cost estimate was $74,000 . The report further recommended constructing Market Street to the 44 foot wide section and assessing the abutting properties "according to appraised benefit value" up to the costs associated with a 36 foot wide street. Attached is a copy of the complete feasibility report. In May, 1987 a public hearing was held on the improvements." At the hearing, the property owners affected were opposed to the high cost of the assessments. Council directed the City Engineer to obtain "benefit appraisals" of the properties Market Street November 17 , 1988 Page 3 using a realtor market analysis approach . The public hearing was continued at a later date. Attachment "F" is a copy of the real estate appraisal summary. As indicated, based on the existing market value at the time, the properties affected would benefit by around $2 ,000 - $4 ,000 per lot. According to the cost estimates, the assessments for this two block area would be around $7 ,500 per lot, if assessed equally to all lots. At the continuation of the public hearing, the potential assessments versus the increase in market value of the lots was again the main point of discussion. Staff recommended that all benefitted lots be assessed $3 ,000 and to hold an assessment hearing prior to awarding the construction :contracts. Council could then reject all bids if any of the assessments were challenged. At the conclusion of the public hearing to determine the feasibility of this project, though, Council decided against ordering the project. - Since that time there has been no further discussions regarding the improvement of Market Street. II. 1st Avenue to Railroad Tracks Several times over the past years there have been attempts to develop the properties just north of the tracks on Market Street . Due to this -portion of Market Street being unimproved and the uncertainty regarding the overall status of Market Street, the development-'has not occurred. In 1986 , a petition was received and a feasibility report order for improving Market Street from 1st Avenue to the tracks. Apparently, this feasibility report was never - - completed either due to the development plans falling through or the inability of the City to order the project for Market Street from 2nd Avenue to 4th Avenue. There was a cost estimate done on this portion of Market Street, though. Attachment "G" is a copy of this estimate . This estimate is only for installing sewer and water and placing a gravel base on Market Street. It does not include pavement , curb & gutter or sidewalk. The estimate was $50 ,000 , which included $36 ,000 for construction costs and- $14 ,000 for contingency and administrative fees. 0-� Market Street November 17 , 1988 Page 4 Again in 1988 , a possible development brought this issue back before Council and consequently generated this report. The owner of the property just south of Kennedy Transmissions was denied a building permit due to the road not being improved ( Note : A gravel road is the minimum required for issuing building permits) . Subsequently, City Council agreed to issue the building permit contingent upon entering into a developer' s agreement with the City covering the construction of the road to "minimum accepted standards. " The agreement has been sent to the developer, but to date there has been no attempts to follow up on it and pursue the development. III. 1st Avenue to Bluff Avenue In May , 1988 a petition was submitted to the City for improving this portion of Market Street by pavement, curb 8 gutter and sidewalk. A feasibility report was prepared and the City Council ordered the project. In September, 1988 the bids were opened for this project. The low bid was $45 ,677 .50. The City Council subsequently rejected all bids because they were substantially higher than the estimate of $33,600 .00. The main reasons for the higher bids were 1 ) this was an extremely small project with low quantities, and 2) it was fairly late in the year to be bidding . Staff recommended rejecting all bids and adding this street to another larger project and rebidding in 1989 . Council concurred. - Railroad Crossing Status I have had some recent conversations with both Chicago and Northwestern Railroad officials and Hn/DOT officials regarding the possibility of adding a new crossing at Market Street. As far as the railroad is concerned they will oppose the City of Shakopee on any requests for additional crossings due to the high number of existing crossings . In addition , the railroad is extremely disappointed in the City regarding two recent Council decisions. The' first consisted of the City failing to vacate the Apgar Street crossing after agreeing to do so. The second decision involved not closing any of the 8 crossings downtown. This issue came up again last summer and Council reaffirmed their decision of several years ago to keep all those crossings open. Market Street November 17 , 1988 Page 5 The railroad has indicated that if the City chooses to close other crossings, they may be persuaded to allow a new crossing at Market Street but they would not agree to a new crossing without the City first closing other crossings. In speaking with Mn/DOT officials, they indicated that Mn/DOT must also approve all new crossings. The City must first obtain the approval of the railroad and enter into a • formal agreement with them. If the railroad is opposed to the crossing, but the City still desires one, the issue must go through the administrative hearing process . The Commissioner of Transportation has the final Jurisdiction in this matter and after both sides present their case, he would make a ruling. If the City pursues the installation of a new crossing at Market Street, staff recommends that one or more of the crossings at Naumkeg , Minnesota or Apgar (again) be considered for closing. Due to the general feeling I got from talking to the railroad , it may take the closing of more than one existing crossing to obtain a crossing at Market Street. A new crossing at Market Street would require signals with flashers. New signals can cost anywhere from $80 ,000 - $120 ,000 depending on the complexity of the system . This would be entirely a City cost unless (a) the City can agree to get the railroad to pay for part of it or (b) the City can prove an increased safety benefit, in which case the Federal government would pay anywhere from 50-100% of the costs. Without closing any additional crossings , it would be extremely difficult to prove any safety benefit. The actual crossing itself would be rubberized . The cost for installing a rubberized crossing is approximately $200 per lineal foot or for a 44 foot wide road about $9,000 . If the rubber were extended through the sidewalks the cost would be around $13 ,000 .00. 2nd Avenue Corridor In conjunction with Market Street, an analysis is also being done on the 2nd Avenue corridor. Council has directed staff to review this corridor and also submit a report to Planning commission for recommendation to Council. Market Street NOvember 17 , 1988 Page 6 If the Minnesota Street crossing is closed to open up Market Street, 2nd Avenue will also need to be upgraded between these two streets. At first glance, one way coupler streets on each side of the tracks appear to be one viable option. The 2nd report will address this situation as well as the entire 2nd Avenue corridor east of downtown. To promote development in the Minnesota/Market Street area, the future upgrading of 2nd Avenue will need to be addressed. Traffic Signal on Hwy. 101 Staff has received a request to contact Mn/DOT regarding the installation of a traffic signal at Minnesota Street and Hwy. 101 . At this time, Mn/DOT has indicated that a signal is not warranted at this intersection. In the 1984 traffic study by Westwood, they indicated that if Market Street is opened up, a signal at Hwy. 101 may be warranted in the future, based on traffic projections. The 1984 traffic counts indicate the existing traffic volumes on Market are over 1 , 000 vehicles per day south of 4th Avenue , but drop off substantially at 4th as traffic "jogs" east or west. Alternative Routes Market Street is the only north-south street between Spencer Street and Marschall Road that has adequate dedicated right-of- way all the way from 1st Avenue to 10th Avenue . It is the logical place to make a north-south collector street. The difficulty may be in obtaining a railroad crossing. If this is the case, another alternative would be to upgrade an existing street that has a crossing to collector street status. This may involve purchasing additional right-of-way. The only street that could be used as a north-south collector instead of Market, would be Minnesota Street. Unfortunately , additional right-of-way would be needed to connect the two portions of this street through the old railroad track area, as well as purchasing additional right-of-way the whole length to obtain the 80 feet width needed for a collector road, versus the existing 60 feet right-of-way . To further compound the situation, there are existing structures built right up to the current right-of-way allowing no room to expand the right-of-way. . Also, at the Shakopee Avenue intersection , the two legs of Minnesota Street are offset substantially. Market Street November 17 , 1988 Page 7 Minnesota Street is not recommended as a viable alternative to Market Street. In reviewing the existing street system between Spencer and Marschall Road , no other streets are available as alternatives for a north-south collector. Assessment Options In the past , the City of Shakopee has normally assessed new street construction back to the property owners 100% ( up to 36 feet wide) and reconstruction of streets 25% , irregardless if it is a state aid street or not. In this case, due to the high assessment costs and the fact that Market Street is actually a side street to many of the affected properties, a different assessment approach may be needed. Some assessment options are as follows: 1 . Assess all costs up to a 36 foot wide street completely back to only those properties abutting Market Street (either by front foot or per lot) . 2 . Assess only those costs above and beyond the state aid/FAU funding back to abutting properties. 3 . Assess all costs on an area-wide basis since there may be some benefit to other properties in the area besides those directly abutting Market Street. 4 . Assess a set amount to those abutting properties based on a benefit appraisal. 5 . Assess only 25% of the costs by defining this project as reconstruction , rather than new street construction. 6 . Assess no costs. Staff feels that the assessment issue is important and undoubtedly the main reason the project was not ordered previously. The methodology that will be used for assessments should be discussed and resolved early on in the planning process if this is to be a legitimate project. o✓ Market Street November 17, 1988 Page 8 RECOMMENDATIONS: Staff offers the following recommendations: 1 . Market Street, between 13t and 10th Avenue should be defined as a collector street. Staff is requesting that the Planning Commission concur with this definition and to recommend to the City Council that they take whatever appropriate action in necessary to improve this street to minimum state aid standards. 2. As an attempt to negotiate a new railroad crossing with the railroad, the City of Shakopee should offer to close the Naumkeg Street crossing. If an additional crossing is needed to be closed to appease the railroad , staff recommends either Minnesota Street or Apgar Street, with Minnesota getting a higher priority due to the recent controversy over Apgar Street. Staff is requesting that the Planning Commission go on record as supporting this recommendation. 3. Staff also feels , th.at the issue of potential assessments should be discussed, with a recommendation going to Council. Staff recommends that all abutting property owners be assessed an amount based on actual benefit appraisals with all remaining costs being paid for by State Aid, FAU or City funds. This deviates from the normal special assessment policy for new street construction but may be more advisable due to extenuating circumstances . ( i . e . mainly a side street, federal and state funding available, etc. ) . ; This would also conform to Minnesota State law which restricts assessments to the amount of increased value of the property. 4. That portion of Market Street from 4th to 7th also needs upgrading to provide curb and gutter, sewer and water, new pavement, sidewalks, etc. and to correct some sight distance and grade problems. Staff recommends that this portion of Market Street be upgraded at the same time as the portion from 1st to 4th is constructed. Staff is requesting that the Planning Commission recommend that the City Council initiate these improvements as well. Since this would be considered reconstruction, only 25% of the street costs •would be assessed. 100% of all new sewer, water, sidewalks, etc. could be assessed. Market Street November 17 , 1988 Page 9 ACTION REQUESTED: Discuss the overall status of the Market Street corridor, including the four points recommended by staff above and to recommend to Council that they formally initiate the proceedings for improving Market Street from 1st to 7th Avenues by first ordering a feasibility report prepared , hold public hearings and finally ordering plans and specifications for the' project for the 1989 or 1990 construction season. DH/pmp PLAN RESOLUTION NO. 3010 A Resolution Ordering The Preparation Of A Report On An Improvement To Market Street From 1st Avenue to 7th Avenue WHEREAS, it is proposed to improve Market Street from 1st Avenue to 7th Avenue by sewer, water, curb & gutter and pavement and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to David Hutton, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19_. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of 19 City Attorney 13rt. MEMO TO: Dennis R. Kraft, Acting City Administrator FROM: Judith S. Cox, City Clerk `.C_ RE: Releasing an Obligation of gorothy Olson DATE: January 17, 1989 INTRODUCTION• The attached resolution authorizes the appropriate City officials to sign a Quit Claim Deed for Dorothy H. Olson, which deed releases a financial obligation which she has fulfilled. BACKGROUND: In 1982 a sanitary sewer improvement was installed along Bluff Avenue and assessed to abutting property owners. At the time of the special assessment, Dorothy Olson owned two lots. On one lot was located the pre-school known as "Dorothy's Daily Discovery" and on the adjacent lot was a playground which was required by the State in order for her to hold a license. At Dorothy Olson's request, the City Council did not assess the vacant lot. Instead, Dorothy Olson signed an agreement with the City stating that she would pay the sanitary sewer fee at such point in the future when a building permit was applied for. Ms. Olson is in the process of selling her property and she has paid the City the amount contained in the agreement for the sanitary sewer improvement. She is also requesting that the agreement, recorded at the courthouse, explaining the encumbrance, be released. The appropriate release for this kind of an agreement, is the conveyance of a Quit Claim Deed addressing the agreement. Mr. Coller has prepared the attached resolution and Quit Claim Deed for Council's approval. RECOMMENDED ACTION: Offer Resolution No. 3012, a resolution authorizing the making and delivery of a Quit Claim Deed - Lot 3, Block 23, Plat of East Shakopee, on file and of record in the office of the County Recorder of Scott County, Minnesota and move it's adoption. RESOLUTION NO. 3012 A Resolution Authorizing the Making and Delivery of Quit Claim Deed Lot 3, Block 23, Plat of East Shakopee, On File and Of Record in the Office of the County Recorder of Scott County, Minnesota WHEREAS, On the 19th day of November, 1982, an Agreement was made and entered into by and between Dorothy H. Olson and the City of Shakopee, which said Agreement was filed for record on the 30th day of November, 1982 in the office of the Registrar of Titles as Document No. 24841,and WHEREAS, Said agreement impressed certain obligations for the payment to the City of $1,237.56,and WHEREAS, payment above specified has been made to the City of Shakopee and that Dorothy H. Olson, her heirs and assigns are entitled to be released from said agreement. NOW, THEREFORE, BE IT RESOLVED, by the Shakopee City Council in meeting assembled, that the City make, execute and deliver to Dorothy H. Olson, her heirs and assigns, a Quit Claim Deed releasing all of the City's charges, lien rights or otherwise, and that proper City officials are hereby authorized and instructed to make, execute and deliver to the said Dorothy H. Olson a Quit Claim Deed to Lot 3, Block 23, Plat of East Shakopee, Scott County, Minnesota. BE IT FURTHER RESOLVED, that said officials are empowered to do all things necessary and proper to carry out the terms and purposes of this Resolution and to make, execute and deliver said Quit Claim Deed. Passed in session of the Shakopee City Council held this day of 1989. ATTEST: Mayor of the City of Shakopee City Clerk Prearedyn^and appropv/ed_/atessto form this 12th day of January, 1989. LF6ti rP_�1J Crty Attorne ��� Penn No. 30-M. Mill-Davi,Co.. Minnca,oli, Min . Coil—C---.. Bh.k,(R-i-d I93' 13 On` 19bis Inbtnture, Blade this.............._.._...._........... ......._.._........._.da of................................... between............C;Lt.y of Shakopae_..a municipal-corporation,.......................................................................... a corporation under the laws of the State of.Minnesota ................................. party of the first part, and ZorathyH.....Olson....................................................... ............................................................................... ............................................................ .................................................. of the County of Shakopee ................... and State of ......................................... Part....y....... of the second part, Witnetsetb, That the said party of the ftrat part, in consideration of the sum of ....one Thousani Two RURAry d._T.hizSy-.5.P..Y.grx gad 5.6j.1.0.0 ($-I,..Z3.7_5 0ZLdRS, to it in hand paid by the said part...........Y.-of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim, and Convey unto the said part y.......of the second part hat............ heirs and assign, Forever, all the tract panel............of land lying and being in the County of -a, to-wit: ...._......_Scott........_...._. . . .. .............................and State of 311nnesota, described as follows, Lot 3, Block 23, Plat of East Shakopee, according to the plat on file and of record in the Office of the Scott County Registrar of Titles The purpose of this Quit Claim Deed is to release the above described from any and all claims arising out of or created by or on account of said Agreement between Dorothy H. Olson and the City of Shakopee, dated November 9, 1982 and filed for record in the office of the Registrar of Titles of Scott County, Minnesota on the 30th day of November, 1982 as Document No. 24841. To 30abc anb to 30olb the kame, Together with all the hereditaments and appurtenances them- unto belonging or in anywise appertaining, to the said part...Y............of the second part...............her .................... heirs and assigns, Forever. Phillip R.Fra% 2(i t.a JI 1 \Rl !VV lachlan H Muir Dennis L.Monne James R Croft Barry K Meyer & Colleen M.71ende Jay ia COWlmrg /ION ROE ' Onin 7h 7hvnr R.W,dsmn rim Patricia A Wier Mark J.Mamess- eh.111 r4 Ftnt A Carlson.C.P.A. Diane M.tarKon •U..CMI 9Y15pt yXN Ribert J.Walter January 11 , 1989snmmueemausm. ♦.W MmItW IO SwN db1B City of Shakopee Mayor, Council and Acting -. Interim Administrator 129 East First Avenue Shakopee, 14N 55379 ` Re: City Administrator Position Our File No. 1-1373-2 Mayor, Council and Acting Interim Administrator: I have been requested by the City to render an opinion concerning the possible liability which the City of Shakopee may face if it elects to fill the vacant City Administrator position with an applicant who does not meet the adver- tized minimum requirements for the position. Specifically, the City advertised for an applicant with a "minimum of five to ten years' city administrator or assistant administrator experience in a larger city". This is one of a number of specifically outlined minimum require- ments for employment in this position. It is our opinion that the City of Shakopee would create significant exposure to liability in the event that it hires a job applicant who does not meet what is advertised to be a minimum requirement of employment (i.e. five years' experience as a city administrator or assistant). The City is, of course, an equal opportunity employer. If a job appli- cant, who is protected under state laws from discrimination on the basis of sex, race, religion, etc., applies for the advertised position and is refused the job in favor of an applicant who is not within a protected category and who does not meet the minimum advertised job requirements, it may appear as if the City did not provide the protected job applicant an equal opportunity for employment. This situation may give rise to an argument that the City acted in a discrimina- tory manner in filling the position. In light of this exposure, it is our opinion that the City should con- sider emending its minimum experience requirements with an advertisement that either reduces or eliminates minimum requirements so as to conform with appli- cants or potential applicants which the City believes to be qualified and would WPIV m: Marschall Road Business Cenmr.327 Marschall Road.P.O.Bos 216, Shatope.e.Minnesota 55379 1[Wcphone:(612)445-5086 FXX(612)445-7640 SouthpointCenwr.Suite11O0.1650 West 82nd Street. Bion risen.Minnesma 55431 7hlephone:(612)885-5999 PAx(612)885-5969 Page 2 January 11, 1989 hire for the position. In other words, if the City is willing to consider and hire applicants with less than five years' experience and/or experienced in an area other than as a city administrator or assistant city administrator, then the advertised requirements for the position should conform. Should you have any questions or concerns regarding this matter, please call. Very truly yours, RR�ASSIMONRO'E CHARTERED ' Ti/�rd" R. Walsten TRW:ph i